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HomeMy WebLinkAboutMinutes - June 20, 1973191 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 20, 1973 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. on Wednesday, June 20, 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 June 6, 1973, were approved as written and mailed. PUBLIC HEARINGS VACATE POR. Notice thereof having been published in accordance EASEMENT with law and affidavit of publication being on file in ELMHAVEN the office of the City Clerk, Mayor Hughes called SUBD, for the public hearing on the proposed abandonment of portions of a public utility easement located in Tract 712, Elmhaven Subdivision. Planning Director Schroeder introduced the matter and discussed the proposal. There was no one in the audience wishing to be heard on the matter and the public portion of the hearing was closed. Councilman Schaffer moved the City Council adopt an Order vacating the portions of easement as recommended. The motion was seconded by Councilman Katnich and carried by unanimous vote. PLANNING COMMISSION The City ,Manager gave the following report of the Planning Commission meeting of June 11, 1973: AMEND The Planning Commission recommended that the R -LD R -LD, Residential -Low Density District be amended DISTRICT by increasing the maximum permitted lot coverage from 40 per cent to 50 per cent when two off-street parking spaces per unit are provided for duplex, triplex and fourplex parcels. -I- 02 Minutes of June 20, 1973, continued On motion of Councilman Katnich, Schaffer second, the matter was set for public hearing on July 11, 1973. ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council: 1. Accepted the Final Environmental Impact Report for the Sunwest Subdivision, a 71 -lot, 20 -acre subdivision on the south side of Cochran Road approximately 1400 feet east of Lower Sacramento Road. The Commission directed the Staff to prepare a letter from Chairman Gassin to the President of the Board of Trustees of the Lodi Unified School District soliciting the Board's opinion with re- gard to means of easing the impact of residential growth on educational facilities. - 2. Approved the Tentative Map for the Sunwest Sub- division, a 71 -lot, 20 -acre subdivision on the south side of Cochran Road approximately 1400 feet east of Lower Sacramento Road with certain conditions. 3. Continued until June 25, 1973, a consideration of a Memorandum from the Fire Chief concerning re- stricted access to rear of zero lot line units in Phase I of English Oaks Manor. 4. Set the revised meeting schedule for the remainder of 1973. 5. Approved the request of Mr. Richard R. Naify on behalf of the Sunset Theater to increase the maximum permitted sign area from 182 square feet to 400 square feet to allow the marquee to remain as sign area with certain conditions. 6. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to increase the maximum number of off -premise signs permitted in the C -S, Commercial Shopping Center District from 0 to 2 to allow 2 billboard structures to remain at the south- west corner of West Lockeford Street and North Ham Lane. 7. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to increase the maximum number of off -premise signs permitted in the C- 1, Neighbor- hood Commercial District from 0 to 1 to allow a billboard structure to remain adjacent to the Sunset Theater, 1110 West Lodi Avenue. 8. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to increase the maximum number of off -premise signs permitted in one city block from 1 to 2 to allow a billboard structure to remain at the southwest corner of East Kettleman Lane and South Cherokee Lane. -2- 19.9 Minutes of June 20, 1973, continued 9. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to permit an off -premise billboard structure to be oriented to the freeway, said structure being located on the south side of East Lodi Avenue immediately west of U. S. 50-99. 10. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to permit an off -premise billboard structure to be oriented to the freeway, said structure being located 250 feet north of East Lockeford Street between U. S. 50-99 and North Beckman Road. 11. Denied the request of Ryan Outdoor Advertising, Inc. for a Variance to permit 2 off -premise billboard structures to be oriented to the freeway, said structure being located east of U. S. 50-99, northeast of the Turner Road on-ramp. 12. Consider the request of Ryan Outdoor Advertising, Inc. for a Variance to permit an off -premise bill- board structure to be oriented to the freeway, said structure being located 300 feet north of East Lockeford Street west of U. S. 50-99. In individual consideration of Items Nos. 6 through 13 above the Planning Commission was unable to establish that a zoning hardship as defined in the Zoning Ordinance existed in any case. 13. Re-elected Avery T. Gassin as Chairman of the Planning Commission and elected Fred M. Reid as Vice Chairman. The City Manager also gave the following report of the Planning Commission meeting of June 18, 1973: ACTION OF The Planning Commission adopted and recommended INTEREST to the City Council the Open Space Conservation Element to the Lodi General Plan as prepared by Junior Planner Gregory Freitas and on file in the office of the Secretary of the Lodi Planning Commission. NONCONFORMING City Attorney Mullen reported there still remained SIGNS eleven businesses within.the City with nonconforming signs. Since the deadline for conforming with the Sign Ordinance was May 31, 1973, Mr. Mullen suggested the Council authorize the City Attorney to take the necessary action to bring these eleven signs into con- formance with the Sign Ordinance. On motion of Councilman Ehrhardt, Schaffer second, the Council directed the City Attorney to take the necessary action to bring eleven existing nonconiorm- ing signs within the City limits into conformance with the Sign Ordinance. The signs are located as follows: 1. Blewett's Fountain, 221 S. Sacramento Street 2. Jerry Cook Photography, 224 West Pine Street 3. El Rancho Motel, 603 North Cherokee Lane 4. Hotel Lodi, 7 South School Street -3- M Cx, I Minutes of June 20, 1973, continued COMMUNICATIONS 5. King's Cafe, 10 West Oak Street 6. Lodi Publishing and Printing Co., 27 S. Sacramento 7. The Milk Stop, 321 S. Hutchins St. St. 8. The Mug, 118 North Sacramento Street 9. Okazaki's Club, 18 South Main Street 10. Payless Market, 101 N. Sacramento Street 11. Rendezvous Club, 17 West Elm Street ABC Applications for alcoholic beverage license were re - LICENSE ceived as follows: 1. Henry Peden, Pastime Club, 25 North Sacramento Street, on -sale beer, new license. 2. Pauline A. Esmail, Smiley's, 1 North Sacramento Street, on -sale beer and wine eating place, person- to-person transfer. APPEAL A letter was received from Attorney Francis R. Ruggieri of Ruggieri, Brunn and Lacey, Attorneys at law, 115 Eye le Street, Modesto, appealing the decision of the Planning Commission in denying the request of Ryan Outdoor Advertising, Inc. for Variances to permit outdoor ad- vertising structures to remain in place after May 31, 1973, at the following locations: 1. West side of U. S. 50-99, 300 feet north of East Lockeford Street; 2. 250 feet north of East Lockeford Street be- tween U.S. 50-99 Freeway and N. Beckman Rd.; 3. East of U. S. 50-99 Freeway, northeast of Turner Road on-ramp; 4. South side of East Lodi Avenue immediately west of U.S. 50-99 Freeway; 5. 1110 West Lodi Avenue; 6. Southwest corner of East Kettleman Lane and South Cherokee Lane; 7. West side of U. S. 50-99 Freeway, northwest of the Turner Road off -ramp; 8. Southwest corner of North Ham Lane and West Lockeford Street; On motion of Councilman Ehrhardt, Schaffer second, the matter was set for public hearing on July 11, 1973. PLANNING The City Clerk read a memorandum received from COMMISSION Avery T. Gassin, Chairman of the Planning Commission, REQUEST stating that the Planning Commission at its meeting of May 29, 1973, had recommended the City Council con- sider compensating the public members of the Site Plan and Architectural Review Committee at the rate of $20 per meeting to a maximum of two meetings per month. -4- 195 Minutes of June 20, 1973, continued On moticn of Councilman Ehrhardt, Schaffer second, the CLAIMS Claims in the amount of $622, 164.76 were approved on motion of Councilman Schaffer, Ehrhardt second. NO PARKING - At the Council meeting of June 6, 1973, the discussion LODI AVE. concerning the establishment of "No Parking" zones on Lodi Avenue was continued to this meeting. Public RES. NO. 3787 Works Director Shelley Jones presented two alternate drawings of the proposal. Robert Elliott, Attorney at law, 228 West Pine Street, representing Glenn, Hazel and Eleanor Houston, spoke concerning the two alternate plans. After considerable discussion of the two plans, Councilman Katnich moved adoption of Resolution No. 3787 establishing no parking on Lodi Avenue between Lee Avenue and California Street. The motion was seconded by Councilman Ehrhardt. More discussion followed and on motion of Councilman Schaffer, Councilman Pinkerton second, the Council adopted an alternate proposal that would permit six parking stalls between California Street and the alley 140 feet west of Hutchins Street and eight parking stalls from the alley 120 feet east of Hutchins Street to 125 feet east of Lee Avenue and permitting that parking to remain until September 1, 1974, at which time the Council indicated their intent to adopt a resolution prohibiting that parking. The above motion passed with Councilman Katnich voting no. The vote was then taken on the original motion to establish the "no parking" zones as originally recommended. The motion failed by a 1-4 vote with Councilman Katnich voting in favor of his motion. Councilman Pinkerton then moved adoption of Resolution No. 3787 prohibiting parking on the south side of Lodi Avenue from California Street to 125 feet east of Lee Avenue and on the north side of Lodi Avenue from an alley I40 feet west of Hutchins Street to an alley 120 feet east of Hutchins Street. The motion was seconded by Councilman Schaffer and carried with Councilman Katnich voting no. -5- Council directed the staff to prepare a recommendation on the above matter for budget consideration. LEGISLATION Mayor Hughes said he had received a communication. from the City of Arcadia concerning AB 1324 which concerns horse racing. No action was taken. S. J. COUNTY The Mayor also presented letters received from San SR. CITIZENS - Joaquin County Senior Citizens Action Now Committee, GAS PRICE requesting the Council to take action to regulate the price of gasoline. REPORTS OF CITY 1vlANAGER CLAIMS Claims in the amount of $622, 164.76 were approved on motion of Councilman Schaffer, Ehrhardt second. NO PARKING - At the Council meeting of June 6, 1973, the discussion LODI AVE. concerning the establishment of "No Parking" zones on Lodi Avenue was continued to this meeting. Public RES. NO. 3787 Works Director Shelley Jones presented two alternate drawings of the proposal. Robert Elliott, Attorney at law, 228 West Pine Street, representing Glenn, Hazel and Eleanor Houston, spoke concerning the two alternate plans. After considerable discussion of the two plans, Councilman Katnich moved adoption of Resolution No. 3787 establishing no parking on Lodi Avenue between Lee Avenue and California Street. The motion was seconded by Councilman Ehrhardt. More discussion followed and on motion of Councilman Schaffer, Councilman Pinkerton second, the Council adopted an alternate proposal that would permit six parking stalls between California Street and the alley 140 feet west of Hutchins Street and eight parking stalls from the alley 120 feet east of Hutchins Street to 125 feet east of Lee Avenue and permitting that parking to remain until September 1, 1974, at which time the Council indicated their intent to adopt a resolution prohibiting that parking. The above motion passed with Councilman Katnich voting no. The vote was then taken on the original motion to establish the "no parking" zones as originally recommended. The motion failed by a 1-4 vote with Councilman Katnich voting in favor of his motion. Councilman Pinkerton then moved adoption of Resolution No. 3787 prohibiting parking on the south side of Lodi Avenue from California Street to 125 feet east of Lee Avenue and on the north side of Lodi Avenue from an alley I40 feet west of Hutchins Street to an alley 120 feet east of Hutchins Street. The motion was seconded by Councilman Schaffer and carried with Councilman Katnich voting no. -5- 196 Minutes of June 20, 1973, continued STOP SIGNS - On motion of Councilman Ehrhardt, Schaffer second, the PINE STREET Council adopted Resolution No. 3788 establishing Pine TAMARACK Street as a through street between Cherokee Lane and RES. NO. 3788 the east City limits. FOUR-WAY On motion of Councilman Katnich, Ehrhardt second, STOP DENIED the Council accepted the recommendation of the Public Works Director and denied the request made by the RES. NO. 3790 Highway and Transportation Committee of the Lodi District Chamber of Commerce for installation of a four-way stop sign at the intersection of Lodi Avenue and Mills Avenue. ACCEPT ELM The Council, on motion of Councilman Ehrhardt, ST. STORM DRAIN Schaffer second, accepted the improvements in Elm Street Storm Drain, Lower Sacramento Road to Garden Drive as complete and authorized the Public Works Director to file the Notice of Completion on the project. CENTURY ARViS - The City Manager presented the improvement plans APPROVED and securities for Century Arms Development for Council approval. On motion of Councilman Schaffer, Ehrhardt second, the Council approved the Century Arms improvement plans and securities and authorized the City Manager to sign the development and electrical utility agreements on behalf of the City. ESTABLISH On recommendation of the City Manager the City Council, "YIELD" on motion of Councilman Ehrhardt, Schaffer second, TAMARACK adopted Resolution No. 3789 establishing "Yield" 8c SCHOOL signs on Tamarack Drive at School Street. RES. NO. 3789 S.P. AGREEMENT On motion of Councilman Pinkerton, Katnich second, the Council adopted Res. No. 3790 authorizing an RES. NO. 3790 agreement between the Southern Pacific Company and the City of Lodi for installation of traffic signals at the intersection of Lockeford and Church Streets. S. P. AGREEMENT On motion of Councilman Ehrhardt, Katnich second, the Council adopted Resolution No. 3791 authorizing RES. NO. 3791 an agreement between the Southern Pacific Company and the City of Lodi for installation of two inch electrical conduit under the railroad tracks at Lodi Avenue and Stockton Streets. C.C. TRACTION CO. On motion of Councilman Katnich, Pinkerton second, AGREEMENT the Council adopted Resolution No. 3792 authorizing an agreement between Central California Traction RES. NO. 379.2 Company- and the City of Lodi for installation of traffic signals at Lodi Aven;:e and Stockton Street. APPROVE On motion of Councilman Katnich, Pinkerton second, SUPPLEMENT = 1- the Council adopted Resolution No. 3793 authorizing TOPICS execution of Supplement No. 1 to the TOPICS %laster Agreement .vith the State of California to provide for the RES. NO. 3793 installation of traffic signals at Lockeford and Church Streets and authorized the City Manager to sign same on behalf of the City. -6- Minutes of June 20, 1973, continued TURNAGE MKT. City Manager Glaves reported he had received a letter LIQUOR DEPT from Attorney Robert Mertz requesting termination LEASE of the lease signed by Edward L. Snyder for the CANCELED Turnage Market liquor department. The letter stated Mr. Snyder wished the lease to terminate as of July 1, 1973, and he agreed to pay to the City the sum of $625 as consideration for said cancellation. On motion of Councilman Pinkerton, Katnich second, the Council approved cancellation of the above lease as stated in above. ORDINANCES AMEND PD -4 ORDINANCE NO. 1007, entitled, "AN ORDINANCE AMENDING THE OFFICIAL DISTRICT MAP OF THE ORD. NO. 1007 CITY OF LODI BY AMENDING ORDINANCE NO. 938, ADOPTED AS AMENDED, AND THEREBY AMENDING THE PLANNED -DEVELOPMENT DIS fRIC T NO. 4, " having been introduced at a regular meeting on June 6, 1973, was brought up for passage on motion of Councilman Schaffer, Katnich 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 Absent: Councilmen - None ESTABLISH ORDINANCE NO. 1008, entitled, "AN ORDINANCE SPEED ZONES- AMENDING SECTION 14.21. 1 OF THE CODE OF THE HUTCHINS ST. CITY OF LODI ENTITLED, 'DECREASING STATE SPEED LIMIT ON CERTAIN STREETS,' AND THEREBY ORD. NO. 1008 DECREASING THE STATE SPEED LIMIT ON HUTCHINS ADOPTED STREET BETWEEN HARNEY LANE AND KETTLEMAN LANE, " having been introduced at a regular meeting on June 6, 1973, was brought up for passage on motion of Councilman Ehrhardt, Schaffer second. Second read- ing was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - EHRHARDT, KATNIGH, PINKERTON, SCHAFFER and HUGHES Noes: Councilmen - None ADJOURNMEN r Absent: Councilmen - None At approximately 10:30 p. -m. , on motion of Councilman Schaffer, Katnich second, the Council adjourned the rneeting to Wednesday, June 27, 1973, at 8:00 p. m. y Attest: 4 BE NET _7_ Lty Clerk 197