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HomeMy WebLinkAboutMinutes - July 11, 1973202 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 11, 1973 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. Wednesday, July 11, 1973, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, SCHAFFER (arrived 8:08 P.M.), and PINKERTON (Mayor Pro Tem) Absent: Councilmen - HUGHES (Mayor) Also present: City Manager Henry A. Glaves, City Attorney Robert H. Mullen, Assistant City Manager Jerry Glenn, Planning Director James B. Schroeder and Public Works Director Shelley F. Jones. INVOCATION The invocation was given by Councilman Ehrhardt. PLEDGE Mayor Pro Tempore Pinkerton led the Pledge of Allegiance to the flag. MINU TES On motion of Councilman Katnich, Ehrhardt second, the minutes of June 20, 1973, were approved as written and mailed. PUBLIC HEARINGS INCREASE LOT Notice thereof having been published in accordance with COVERAGE AND lav and affidavit of publication being on file in the office PARKING R -LD of the City Clerk; Mayor Pro Tempore Pinkerton called DISTRICT for the Public Hearing on the recommendation of the Planning Commission to amend the R -LD Residential - ORD. NO. 1009 Low Density Multiple Family District by increasing INTRODUCED the maximum permitted lot coverage from 40 per cent to 50 per cent when two off-street parking places are provided for duplex, triplex or fourplex lots. Planning Director Schroeder introduced the matter and discussed the proposal. Mr. James Gerard, c/o Aladdin Real Estate, 620 West Lodi Avenue spoke in favor of the proposed amendment. He stated that his firm had determined that in certain instances where multiple driveways were necessary to serve a duplex, triplex or fourplex in an R -LD zone, little or no street frontage was available for on -street parking. He felt the proposal would offer builders in- centive to provide additional on-site parking which he felt was needed. There was no one else in the audience wishing to be heard on the matter and the public portion of the hearing was closed. ME 2Q.3 Minutes of July 11, 1973, continued Councilman Schaffer moved introduction of Ordinance No. 1009 amending the R -LD, Residential -Low Density Multiple Family Residential District by increasing the maximum lot coverage from 40 per cent to 50 per cent when two off-street covered parking spaces per living unit are provided for duplex, triplex, or fourplex lots. The motion was seconded by Councilman Katnich and unanimously passed. APPEAL- Notice having been published in accordance with law RUGGIERI FOR and affidavits of publications being on file in the office RYAN OUTDOOR of the City Clerk, Mayor Pro Tempore Pinkerton ADVERTISING called for the public hearing on the appeal of Mr. VARIANCES TO Francis R. Ruggieri of Ruggieri, Brunn and Lacey, SIGN Attorneys at Law on behalf of Ryan Outdoor Advertising ORDINANCES Inc. for Variances to permit off -premise signs (i.e. outdoor advertising 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 in an area zoned M- 1, Light Industrial District. 2. 250 feet north of East Lockeford Street between U.S. 50-99 Freeway and North Beckman Road in an area zoned M-2, Heavy Industrial District. 3. East of U.S. 50-99 Freeway, northeast of Turner Road on-ramp in an area zoned C-2, General Commercial District. 4. South side of East Lodi Avenue immediately west of U.S. 50-99 in an area zoned C-2, General Commercial District. 5. 1110 West Lodi Avenue adjacent to the Sunset Theater in an area zoned C- 1, Neighborhood Commercial. o. Southwest corner of East Kettleman Lane and South Cherokee Lane in an area zoned C-2, General Commercial. 7. West side of U.S. 50-99 Freeway, northwest of the Turner Road off -ramp in an area zoned FP, Floodplain District, and 8. Southwest corner of North Ham Lane and West Lockeford Street in an area zoned C -S, Commercial Shopping District. Mr, Francis R. Ruggieri, c/o Ruggieri, Brunn and Lacey, 1115 Eye Street, Modesto, stated that his client was agreeable to consider the above requests all at the same time and the item (6) at the southwest corner of East Kettleman Lane_was being withdrawn because it had to be modified so as to conform with the requirements. He said he would have more to say later. -2- PAID Minutes of July 11, 1973, continued Mr, Harvey Berglund, President, Ryan Outdoor Advertising, Inc. , 2050 West Fremont Street, Stockton, outlined his firm's participation in the preparation of the Lodi sign controls; stated that since 1965 the number of outdoor advertising panels in Lodi owned by his firm had been reduced from 55 to 42; and said that he believed the outdoor advertising structures at 1110 West Lodi Avenue and the southwest corner of North Ham Lane and West Lockeford Street should remain until those properties completely develop. Mr. Ruggieri (again). He stated that his client's signs are all legal non -conforming uses; reviewed the City's Ordinance and state laws concerning outdoor advertising displays adjacent to freeways; said that the State of California had not designated U. S. 50-99 through Lodi as a landscaped freeway and stated that the removal of -the Ryan signs would cost the firm in excess of $28, 000. The City Attorney defined the term "legal non -conforming use, " There was no one else in the audience wishing to be heard on this matter and the public portion of the hearing was closed. The City Attorney reviewed the City's legal right to control signs and said that the abatement period from May 1965 to May 1975 was reasonable. Mayor Pro Tempore Pinkerton stated that Ryan Outdoors Advertising, Inc. 's off -premise signs constituted a business and should not be considered the same as an on -premise sign. He felt the freeway oriented signs advertised Lodi business and thereby brought travelers into the city. Councilman Katnich stated that off -premise signs and on -premise signs should be handled in the same manner. After further discussion it was moved by Councilman Ehrhardt, Katnich second, that the above 7 remaining Variance appeals by Mr. Francis R. Ruggieri for Ryan Outdoor Advertising, Inc. be granted. By voice vote, the motion failed to pass by the following: Aves: Councilmen - EHRHARDT and PINKER TON Noes: Councilmen - KATNICH and SCHAFFER Absent: Councilmen - HUGHES The Citv Attorney stated that the motion failed because it was not approved by a majority of the Councilmen voting. Mr. Ruggieri requested that the City Council reconsider its action at a later date when a full City Council would be in attendance. -3- 205 Minutes of July 11, 1973, continued On motion of Councilman Katnich, Schaffer second, the above matters were set for reconsideration at public hearing on August 15, 1973. PLANNING COMMISSION REZONE TO The City Manager gave the following report on the R -MD PARCEL Planning Commission meeting of July 9, 1973: ON WEST SIDE S. CHURCH ST. The Planning Commission recommended the approval of the request of H and M Builders for a change in zoning from the R- 1, Single -Family Residential District to the R -MD, Medium Density Multiple Family Residential District for a 3.2 acre parcel on the west side of South Church Street approximately 1600 feet south of Kettleman Lane. On motion of Councilman Katnich, Schaffer second, the matter was set for public hearing on August 1, 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 Cherry Tree Subdivision, a 3.2 -acre tract located on the west side of South Church Street, approximately 1600 feet south of Kettleman Lane. In accepting the E. I. R. , the Commission determined that the project would have no significant environ- mental impact. 2. Approved the Tentative Map for the Cherry Tree Subdivision, a 3.2 -acre tract located on the west side of South Church Street approximately 1600 feet south of Kettleman Lane with certain conditions. 3. Continued until August 13, 1973, the request of Dr. Ivan Hayes for a Variance to reduce the re- quired number of off-street parking spaces from 18 to 12 to permit an addition to an office building at 820 South Fairmont Avenue in an area zoned C -P, Commercial Professional District. This action was taken in order to allow Dr. Hayes an opportunity to explore the possibility of entering into a formal agreement with the Fairmont Seventh- Day Adventist Church allowing him to use a portion of the church parking lot immediately north of his office building. 4. Approved the request of the Central Seventh-Day Adventist Church for a Use Permit to construct 37 units of elderly housing on the easterly 2.8 acres of Parcel "C", English Oaks Manor - a portion of Planned Development District No. 4 with certain conditions. 5. Approved the request of the Central Seventh-Day Adventist Church for a Use Permit to construct a church at the southeast corner of South Ham Lane and Century Boulevard in English Oaks Manor - a portion of Planned Development District No. 4 with certain conditions. -4- `os Minutes of July 11, 1973, continued COMMUNICATIONS RESOLUTION On motion of Councilman Katnich, Schaffer second, the OF WELCOME City Council instructed the City Manager to prepare a S. HAYAKAWA Resolution of Welcome and Congratulation for Boy Scout Shizuku Hayakawa from Kofu, Japan, Lodi's Sister City. Mr. Hayakawa will be attending the 8th National Boy Scount Jamboree in Faragut, Idaho, beginning August 1, 1973. GUTHMILLER The City Council was in receipt of Resolution 129 of the ADDITION Local Agency Formation Commission of San Joaquin County approving the annexation of the Guthmiller RES. NO. 3795 Addition to the City of Lodi and authorized the City to proceed without notice, hearing or election as provided in Section 54797. 1 of the Government Code. The Planning Director pointed out that this annexation included a two -acre parcel at the southeast corner of East Kettleman Lane and South Stockton Street as well as the total right-of-way of Kettleman Lane (State Route 12) between the west line of the Southern Pacific Company right-of-way and a point approximately 170 feet east of South Washington Street. Upon motion of Councilman Schaffer, Ehrhardt second, the Council unanimously adopted Resolution No. 3795 annexing the Guthmiller Addition to the City of Lodi. AB 2 100 Councilman Ehrhardt asked the City Attorney to review AB 2100 concerning the control of dog and cat breed- ing in the State of California. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $738, 691.83 were approved on motion of Councilman Ehrhardt, Schaffer second. AWARD - The City Manager presented bids received for the TRAFFIC SIGNALS Traffic Signals at Ham Lane and Elm Street as ELM AND HAM follows: RES. NO. 3796 Collins Electric $33,333 Smith Electric $35,010 Ferrero Electric $35,690 Steiny and Company Inc. $38,097 M & M Electric $38,929 The City Manager recommended the award be made to the low bidder for the amount of the bid. On motion of Councilman Ehrhardt, Schaffer second, the Council unanimously adopted Resolution No. 3796 awarding the contract for the traffic signals at Ham Lane and Elm Street to Collins Electric in the amount of $33, 333. -5- Minutes of July 11, 1973, continued WATER AND The City Manager distributed copies of the proposed SEWER Water and Sewer Reimbursement Policies and asked REIMBURSEMENT the Council to review them for future discussion. POLICIES On motion of Councilman Ehrhardt, Schaffer second, discussion of the proposed Water and Sewer Reimburse- ment Policies was set for the Regular Meeting of July 18, 1973. TRANSITION On motion of Councilman Schaffer, Katnich second, E. E. A. the Council adopted Resolution No. 3797 authorizing EMPLOYEES the transition of Emergency Employment Act partici- pants into the regular Classified Service of the City RES. NO. 3797 as required by the City of Lodi as sub -agent of the program agent, San Joaquin County under the Federal Emergency Employment Act of 1971 (P. L. 92-54). WHITE SLOUGH Upon motion of Councilman Schaffer, Ehrhardt second, ADDITION the Council authorized the City Manager to enter into an agreement with YTO and Associates for the pre- YTO AND paration of the necessary reports, studies, plans and ASSOC. specifications for the expansion of the White Slough Water Quality Control Plant as required by the California Water Quality Control Board. WAIVER Upon motion of Councilman Schaffer, Katnich second, CANNERY the Council waived the 50 cent per cubic yard cannery WASTE waste charge at the Harney Lane Sanitary Landfill CHARGE- 1973 for the 1973 canning season. MEMORANDA OF The City Manager reported the City had concluded its UNDERSTANDING meet and confer sessions with the various bargaining units representing the employees of the City of Lodi and that the Library Board of Trustees had accepted the provisions for the Library employees. The agreements called for implementation of a salary survey plus 3% increased salary adjustment effective July 1, 1973, plus another 2% adjustment on January 1, 1974, for employees represented by San Joaquin County Employees' Association and for those represented by International Brotherhood of Electrical Workers a salary increase to maintain a position of comparability to like positions employed by Pacific Gas and Electric Company. In addition, the City granted an additional holiday - the employee's birthday; a modification of the vacation plan to provide an additional weeks vacation for those em- ployees with six through ten years of service, and the City will continue the same medical insurance benefits to all employees and pay for additional employee and dependent premiums. The City also has agreed to make joint studies regarding overtime authorization, compensation, relationship of overtime to working hours and control. A salary supplement will be provided Police Officers possessing Intermediate and Advanced Post certificates. -6- _ Minutes of July 11, 1973, continued Upon motion of Councilman Schaffer, Ehrhardt second, the Council accepted and ratified effective July 1, 1973, the following Memoranda of Understanding. 1. International Brotherhood of Electrical Workers 2. San Joaquin County Employees Association - Police Unit 3. San Joaquin County Employees Association - Fire Unit 4. San Joaquin County Employees Association - General Services Unit Upon motion of Councilman Schaffer, Ehrhardt second, the Council authorized the City Manager to execute a contract for the use of the City football stadium from August 3 to August 14, 1973, with the Greater Lodi Crusade for Christ. RECESS Mayor Pro Tempore Pinkerton declared a recess between 10: 15 p. m. and 10:2 5 p, m. FOLSOM Councilman Schaffer stated that the North San Joaquin SOUTH CANAL Water Conservation District, the Stockton East Water District and the Central San Joaquin Water Conservation District were jointly urging the Federal and State Governments to accelerate the funding and construction of the Folsom South Canal. Upon motion of Councilman Katnich, Ehrhardt second, the Council directed the City Manager to prepare a letter strongly supporting the efforts of the above named agencies and to submit said letter to the various in- dividuals and agencies concerned with the Folsom South Canal. 1973-74 The Council continued its review of the City Manager's BUDGET proposed Operating Budget for 1973-74. The following additions or corrections to the City Manager's proposal were tentatively agreed upon: ( 1) deletion of $500 to the Junior Chamber of Commerce, (2) addition of $50, 000 to the Contingency Fund, (3) deletion of $77, 380 from the Landfill operation which were to EWE 5. San Joaquin County Employees Assocation - Library NON -CLASSIFIED Upon motion of Councilman Schaffer, Katnich second, EMPLOYEES the Council agreed that salary increases or other benefits granted this year to the non -classified em- ployees would be retroactive to July 1, 1973. FOOTBALL The City Attorney stated that the Recreation Director STADIUM had recommended that the City grant the use of the City's AGREEMENT football stadium during a limited period in August to the Greater Lodi Crusade for Christ. Upon motion of Councilman Schaffer, Ehrhardt second, the Council authorized the City Manager to execute a contract for the use of the City football stadium from August 3 to August 14, 1973, with the Greater Lodi Crusade for Christ. RECESS Mayor Pro Tempore Pinkerton declared a recess between 10: 15 p. m. and 10:2 5 p, m. FOLSOM Councilman Schaffer stated that the North San Joaquin SOUTH CANAL Water Conservation District, the Stockton East Water District and the Central San Joaquin Water Conservation District were jointly urging the Federal and State Governments to accelerate the funding and construction of the Folsom South Canal. Upon motion of Councilman Katnich, Ehrhardt second, the Council directed the City Manager to prepare a letter strongly supporting the efforts of the above named agencies and to submit said letter to the various in- dividuals and agencies concerned with the Folsom South Canal. 1973-74 The Council continued its review of the City Manager's BUDGET proposed Operating Budget for 1973-74. The following additions or corrections to the City Manager's proposal were tentatively agreed upon: ( 1) deletion of $500 to the Junior Chamber of Commerce, (2) addition of $50, 000 to the Contingency Fund, (3) deletion of $77, 380 from the Landfill operation which were to EWE ADJOURNMENT Minutes of July 11, 1973, continued be accompanied by an identical reduction in revenue and (4) an addition of $ZZ5 to the Chamber of Commerce's Host Fund, The change at the Landfill was recommended by the Finance Director for bookkeeping purposes. The Council reviewed the Budget proposal through the City Attorney Department on page 7. The review will continue at the regular meeting of July 18, 1973. At 11:45 p.m. on motion of Councilman Katnich, Ehrhardt second, the Council adjourned the session. -8- Attest: JAMES B. SCHROEDER Deputy City Clerk MW