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HomeMy WebLinkAboutMinutes - April 18, 1973161 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 18, 1973 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, April 18, 1973, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, PINKERTON, SCHAFFER and HUGHES (Mayor) Absent: Councilmen - None Also present: City Manager Henry Glaves, City Attorney Robert Mullen, Planning Director James Schroeder and Public Works Director Shelley Jones. INVOCATION The invocation was given by Councilman Ehrhardt. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES On motion'of Councilman Pinkerton, Schaffer second, the Minutes of April 4, 1973, were approved as written and mailed. PUBLIC HEARINGS APPEAL - Notice thereof having been published in accordance with RANCHO GRANDE law and affidavit of publication being on. -file in the office MOTEL - DENIED of the City Clerk, Mayor Hughes called for the public hearing to consider the appeal of Mr. and Mrs. Leonard Sullivan of the Rancho Grande Motel of 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 an area zoned C-2 District. Planning Director Schroeder introduced the matter and presented photographs of the existing sign. Speaking in favor of the appeal were the appellants, Mr. and Mrs. Leonard Sullivan, 807 South Church Street. Mr. Sullivan said he felt they were being treated unfairly and he was very unhappy with the Planning Commission's decision. He asked questions concerning other signs within the City which he felt did not conform to the Sign Ordinance. Mrs. Sullivan requested the City to pay for the removal of the sign. There being no other persons wishing to speak either in favor of or in opposition to the appeal, the public portion of the hearing was closed. After discussion by the Council, Councilman Ehrhardt moved the appeal be denied. The motion was seconded by Councilman Schaffer and carried by unanimous vote. 162 Minutes of April 18, 1973, continued REZONE Notice thereof having been published in accordance with 225, 229 & 233 law and affidavit of publication being on file in the office SOUTH CHURCH of the City Clerk, the Mayor called for the public hearing STREET TO C-1 to consider the recommendation of the Planning Commissi, to approve the request of Mr. Robert Mertz on behalf of ORD. NO. 1003 Mr. Harry Dobler and the Estate of Anna Kaiser to rezone INTRODUCED parcels located at 225, 229 and 233 South Church Street from the R -HD, High Density viultiple-Family Residential District to the C- 1, Neighborhood Residential District.' Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. Speaking in favor of the request was Stewart Adams, Attorney at Law, 121 West Pine Street, and representing Mr. Harry Dobler and the Estate of Anna Kaiser, the owners of the property. There being no other persons in the audience wishing to speak either in favor of or in opposition to the appeal, the public portion of the hearing was closed. Councilman Schaffer said he wished to abstain from the discussion and voting because of a possible conflict of interest. After Council discussion, Councilman Ehrhardt moved introduction of Ordinance No, 1003 rezoning the above parcels to be in the C- 1, Neighborhood Residential District. The motion was seconded by Councilman Katnich and carried with Councilman Schaffer abstaining from the vote. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of April 9, 1973: SPECIFIC PLAN - The Planning Commission recommended that the Specific THURMAN STREET Pian for Thurman Street be relocated northward within the Intercole Automation, Inc. property on the east side of Beckman Road, approximately 750 feet south of East Lodi Avenue. On motion of Councilman Katnich, Schaffer second, the Council set the matter for public hearing on may 2, 1973. Councilman Pinkerton said he felt the zoning of that entire area should be discussed before action is taken on the Specific Plan. ACTIONS OF The planning Commission also took the following actions INTEREST of interest to the City Council: 1. Approved the request of Mr. Tom Miller for a Use Permit for open 'storage of trucks loaded with wrecked vehicles at the southeast corner of North School Street and Daisy Avenue in an area zoned M-2, Heavy Industrial District with certain conditions: -2- 1768 Minutes of April 18, 1973, continued 2. Tabled for 2 weeks, until April Z3, 1973, the request of Mr. Cye Vaughan on behalf of the El Rancho Motel for a Variance to increase the maximum permitted sign overhang of the public right-of-way from 6 feet to 10 feet to permit an existing sign to remain after May 31, 1973, at 603 North Cherokee Lane in an area zoned C-2, General Commercial District. This action was taken in order to allow Staff time to (1) determine the height of the nearby Exxon sign and (2) to study.the effect of raising the E1 Rancho sign to 75 feet. 3. Approved the request of Mr. Henry Yamada on behalf of .Sell -Rite Market for a Variance to increase the maximum number of free-standing signs -in a C -S, Commercial Shopping Center District from 1 to 2, to permit an existing sign to remain after May 31, 1973, at 1320 North Ham Lane. The Commission was unable to find that a "hardship, " as defined in the Zoning Ordinance, existed with re- gard to. the nonconforming 50 -foot sign height, and required that the sign be lowered to a maximum 35 feet. 4. Approved the request of Mr. Al Smatsky for a Variance to reduce the minimum required side yard from 5 feet to 2 feet, 8 inches to permit the addition of a room at 619 West Pine Street in an area zoned R -MD, Residential Medium Density District. 5. Recommended approval of the request of Happyholme Farms for a Variance and a Use Permit to increase the maximum permitted structure height from 35 feet to ,120 feet for a grain elevator and to cover work area between existing buildings on the west side of Lower Sacramento Road, approximately 2000 feet south of Kettleman Lane, southwest of Lodi, with certain recommended conditions. 6. Recommended approval of the request of the Loyal Order of the Moose, No. 634, for a Use Permit to establish a private club on the east side of State Highway 99 Frontage Road, approximately 100 feet north of Acampo Road, north of Lodi in an area zoned R 1- 10, Residential District. In regard to this matter, the Commission noted that inadequate coverage had been given to a possible noise problem in the Environmental Impact Report for this project. The Commission asked that this possible problem be explored in the Final E. I. R. COMMUNICATIONS TELEPHONE CO. A notice was read of the public hearing before the Public P. U. C. Utilities Commission to consider the application of the Continental Telephone Company of California for authority to establish extended area service between the Clements -3- 164 Minutes of April 18, 1973, continued exchange of applicant and the Lodi exchange of the Pacific Telephone and Telegraph Company and to withdraw message toll telephone service rates now in effect between said exchanges. The hearing was scheduled for Tuesday, May ZZ, 1973, at 10:00 a.m. in the City Hall Council Chambers. CALIF. REG. The City Manager presented a resolution received from WATER QUALITY the California Regional Water Quality Control Board, CONTR. BOARD Central Valley Region, requiring cities and counties to notify the Regional Board of the filing of development proposals which involve a major waste discharge. LEGISLATION City Manager Glaves also presented a resolution received from the City Council of the City of Long Beach urging support of Senate Bill SOZ "The Federal Aid Highway Act of 1973, " pertaining to urban public transportation. No action was taken. PROCLAMATIONS GOODWILL Mayor Hughes declared the week of May 6 through WEEK May 12, 1973, to be "Goodwill Industries Week" in the City of Lodi. GERMAN The Mayor also declared April 22 through April 28, HERITAGE 1973, to be "German Heritage Week" in the City of Lodi. DAY REPORTS OF THE CITY MANAGER CLAIIMS Claims in the amount of $3Z7,272.94 were approved on motion of Councilman Schaffer, Ehrhardt second. MASSAGE The discussion of the proposed massage parlor ordinance PARLOR having been continued from the meeting of April 4, the City :Manager presented it for Council discussion. He ORD. NO. 1004 reviewed for the Council the changes proposed by the INTRODUCED City Attorney and Police Chief. Under the discussion of the ordinance, Councilman Katnich and Councilman Pinkerton said they felt there should be a provision included in the ordinance which would require health certificates of massage technicians. Mr. Ken Barlow, 3053 Eighth Street, Ceres, who was in the audience, suggested certain changes to the ordinance. After further Council discussion, Councilman Ehrhardt moved the introduction of Ordinance No. 1004 providing for the licensing and regulation of massage establishments and massage technicians. The motion was seconded by Councilman Schaffer and carried by the following roll call vote: Ayes: Councilmen - Ehrhardt, Schaffer and Hughes Noes: Councilmen - Katnich and Pinkerton -4- ss Minutes of April 18, 1973, continued PERS On February 21, 1973, the City Council authorized an INCREASE amendment to the Public Employees' Retirement System contract to improve the retirement benefits to ORD. NO. 1005 those employees who had retired prior to January 1, 1971. INTRODUCED The City Manager said it was now necessary to adopt an ordinance authorizing the amendment to the contract. On motion of Councilman Ehrhardt, Katnich second, the Council unanimously introduced Ordinance No. 1005 authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System. HIXSON The City Manager presented the Hixson Tract final map, TRACT improvement plans and security, subdivision agreement and electrical utility agreement for Council approval. Councilman Schaffer moved approval of the final map, improvement plans and securities and authorized the City Manager to sign the subdivision and electrical utility agree- ments on behalf of the City. The motion was seconded by Councilman Ehrhardt. Under the discussion, the Council discussed the lack of drainage in the area of Corbin Lane and Tokay Street. Councilman Pinkerton pointed out that adequate drainage facilities for the proposed subdivision were not available, and he felt this problem should not be compounded by further development in this area. Public Works Director Jones discussed the drainage problem in the southwest Lodi area. The Council then requested that draft Environmental Impact Reports for any development in that area be submitted to the Council for information and review. After considerable discussion of the drainage problems, the above motion passed by unanimous vote. On motion of Councilman Schaffer, Ehrhardt second, the Council then directed the staff that no other developments should be considered in the area south and west of the Woodbridge Irrigation District Canal unless an alternate plan for storm drainage of that area has been approved by the Council. This motion passed by unanimous vote of the Counci A-2 BASIN On motion of Councilman Katnich, Schaffer second, the STRUCTURES Council unanimously accepted the A-2 Retention Basin ACCEPTED structures and piping as complete and authorized the Public Works Director to file the Notice of Completion on the project. AWARD - ELM ST. The City Manager presented bids received for the Elm STORM DRAIN Street Storm Drain - Lower Sacramento Road to Garden Drive as follows: RES. NO. 3756 Floyd Johnston Construction $16, 562.00 Pestana Plumbing Corp. 16,880. 00 Fisher Bros., Inc. 20,250.40 Valley Irrigation Company 20, 410.00 Teichert Construction 20, 510. 00 Dark Const. & Equipment 26, 989. 80 -5- MM Minutes of April 18, 1973, continued VACATION The City Manager presented an ordinance amending SCHEDULE Section 12 of Ordinance No. 444 concerning the vacation schedule. He explained that this ordinance would rescind ORD. NO. 1006 all previous ordinances concerning vacation leave with INTRODUCTION pay and would adopt one new schedule. On motion of Councilman Katnich, Ehrhardt second, the Council unanimously introduced Ordinance No. 1006 entitled, "An Ordinance Amending Section 12 of Ordinance No. 444 entitled, 'An Ordinance Fixing the Compensation of Officers and Employees of the City of Lodi and Repealing all Ordinances and Parts of Ordinances Inconsistent Therewith. "' WIN The City Manager recommended the award be made to the low bidder for the amount of the bid. On motion of . Councilman Schaffer, Ehrhardt second, the Council unanimously adopted Resolution No. 3756 awarding the contract for the Elm Street Storm Drain - Lower Sacramento Road to Garden Drive to Floyd Johnston Construction for a total of $ 16, 562. 00. SPECS - PUMPS- - City Manager Gla.ves presented specifications for pumps & MOTORS- and motors forWells # 16 and # 17 for Council approval. WELLS #16 & # 17 Councilman Schaffer moved the specifications be approved and advertising for bids thereon authorized. The motion was sec.o::de3 by Councilman Katnich. Under the discussion, Councilman Pinkerton moved the original motion be amended to provide that. the staff be directed to include an alternate in the specifications for above -ground motors. -The amend- ment to the original motion was seconded by Councilman Schaffer. .The amendment then passed by the following roll call vote: Ayes: Councilmen - Pinkerton, Schaffer and Hughes Noes: • . Councilmen - Ehrhardt and Katnich The original motion to approve the specifications and ad- vertise for bids then passed by the following roll call vote: Ayes: Councilmen - Pinkerton, Schaffer and Hughes Noes: Councilmen - Ehrhardt and Katnich MEMO OF On motion.of Councilman Katnich, Schaffer second, the UNDERSTANDING Council unanimously adopted Resolution No. 3757 regarding SJCEA the Memorandum of Understanding between the Management Representative of the City of Lodi and the Employee RES. NO. 3757 Representatives of the City of Lodi Chapter, San Joaquin County Employees Association, Inc. MEMO OF. On motion of Councilman Katnich, Schaffer second, the UNDERSTANDING Council unanimously adopted Resolution No. 3758 re- SJCEA-LIBRARY garding the Memorandum of Understanding between the Management Representative of the City of Lodi (Lodi RES. NO. 3758 Public Library) and the Employee Representatives of the City of Lodi Chapter, San Joaquin County Employees Association, Inc. VACATION The City Manager presented an ordinance amending SCHEDULE Section 12 of Ordinance No. 444 concerning the vacation schedule. He explained that this ordinance would rescind ORD. NO. 1006 all previous ordinances concerning vacation leave with INTRODUCTION pay and would adopt one new schedule. On motion of Councilman Katnich, Ehrhardt second, the Council unanimously introduced Ordinance No. 1006 entitled, "An Ordinance Amending Section 12 of Ordinance No. 444 entitled, 'An Ordinance Fixing the Compensation of Officers and Employees of the City of Lodi and Repealing all Ordinances and Parts of Ordinances Inconsistent Therewith. "' WIN 167 Minutes of April 18, 1973, continued AlIPAOVE City Manager Glaves recommended to the Council the ADDITIONAL approval of one additional Police Officer position to POLICE fill the vacancies created when Police Department per - OFFICER sonnel are absent due to Police Officers Standards and Training Commission (POST) training courses. He RES. NO. 3759 explained that most of the cost for the position would be met by POST reimbursement and it would not be a cost to the local taxpayer. Councilman Ehrhardt then moved adoption of Resolution No. 3759 establishing one additional Police Officer position in the_ Police. Department. The motion was seconded by,. Councilman.Sctlaffer and carried by unanimous vote... . APPROV); . City Manager;,.�-,Laves ;=epprted that legislation had been MODIFICATION, enacted wv#ich.placed.pertain-restrictions on th!_use. of. TO .EUTHANSIA the Euthansia chamber used_tp destroy animals at the UNIT.AT POUND Pound. Due,to this legislation, certain modifications :must be made -to the -'unit at the Pound. He reported the estimated cost of complying with the law to be $3, 451. 50. He recommended the Council approve a special allocation in this amount and he be authorized to have the modification made to the unit. On motion of Councilman Schaffer, Ehrhardt second, the Council approved the special allocation in the amount of $3, 451. 50 and authorized the modifications to the unit. SPECS - TWO On motion of Councilman Katnich, Ehrhardt second, the AUTOMOBILES Council approved specifications for two compact automobile.- utomobile:and andauthorized advertising for bi4s. thereon. AMEND The City Manager gxplained that an error had been made RES. NO. 3741 in the legal description included in Resolution No. 3741 providing for condemnation of,the Hughes -Wilson parcel RES. NO. 3760 for Lodi Lake Park expansion. He requested the Council adopt a new resolution to correct the error. On motion of Councilman Katnich, Schaffer second, the Council adopted Resolution No. 3760 amending Resolution No. 3741 providing for condemnation of the Hughes -Wilson parcel. FIRE CAPTAIN, On motion of Councilman Ehrhardt, Schaffer second, the POLICE TECH. Council unanimously adopted Resolution No. 3761 adopt- ing class specifications for Fire Captain and Police RES. NO. 3761 Technician and reclassifying the position of Records Officer to that of Police Technician. ORDINANCES REZONE ORDINANCE NO. 1001, entitled, "AMENDING THE LONE OAK OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND SUBD. TO THEREBY REZONING ZZ ACRES AT THE NORTHEAST R- 1 DISTRICT CORNER OF THE EXTENSION OF SOUTH CLUFF AVENUE AND EAST VINE STREET (i. e., THE LONE OAK SUB - ORD. NO. 1001 DIVISION) TO BE IN THE R- 1, SINGLE-FAMILY ADOPTED RESIDENTIAL DISTRICT, " having been introduced at a regular meeting on April 4, 1973, was brought up for passage on motion of Councilman Ehrhardt, Schaffer -7- Minutes of April 18, 1973, continued 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 - EHRHARDT, KATNICH, PINKERTON, SCHAFFER and HUGHES Noes; Councilmen - None Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business, the meeting was adjourned at approximately 10:40 p.m. on motion of Councilman Pinkerton, Ehrhardt second. Atte BESSIE L. BENNETT City Clerk -8- Absent: Councilmen - None AMEND ORDINANCE NO. 1002, entitled "AN ORDINANCE ELECTRICAL REPEALING ORDINANCES NO. 781, 801 AND 988 OF RATES THE CITY OF LODI AND ENACTING A NEW ORDINANCE ESTABLISHING RATES FOR THE SALE OF ELECTRIC ORD. NO. 1002 ENERGY BY THE CITY OF LODI AND DECLARING THE ADOPTED SAME TO BE AN URGENCY MEASURE, " having been in- troduced at a regular meeting on April 4, 1973, was brought up for passage on motion of Councilman Pinkerton, Ehrhardt second. Second reading was omitted after read- ing by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - EHRHARDT, KATNICH, PINKERTON, SCHAFFER and HUGHES Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business, the meeting was adjourned at approximately 10:40 p.m. on motion of Councilman Pinkerton, Ehrhardt second. Atte BESSIE L. BENNETT City Clerk -8-