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HomeMy WebLinkAboutMinutes - April 5, 1972424 C:T`, COT:NC.rL, CITY OF LODI C—, HALL COUNCIL CFA%IF-ERS APRIL 5, 1072 A regular meeting of .. r C: Cnuncil of the C;t c` Lcd. -,as hi�_-c . -_ �a at 8:00 p.m. on Wednesdav, Apr;' _, i972 in '.he: Ci'y Hai'- Cc, -L:-- C'--• ROLL CALL Present: Councilmen - EHRHARDT, HLiGH_':S, :ti'RST_EN, SCHAFFER and _;<,A T .-Mayor l Absent; Councilmen - None Alsu present: City Managf-r Gia r=, As;. - • Attorney Sullivan, Planning Dire::tcr Sr:h rc f Pub,'_:- Works Director Jcnes. PLEDGE -Maycr iKa'nich led the Pledge •.t A'legian.r a Ila a. MINUTES On mutton of Councilman Hu -hes Schaffer 7e. the -,'notes of March 1= 1972 were app-c'-fd a w r'.tten and mailed. 1x1AYOR Mayor iiatnich welcomed the Honorable NA -, FROM Mayor of Wexford. Ireland, to the Ccun•::.1 r... . IRELAND %iay-e.r Morris greeted the City Ccun, it and s and expressed apprec?at;on fe- the c•ourtesi ?- -nded •o lim. PUBLIC HEARINGS RCA GLOBAL Net•:.ce thereof having been pub_'' -shed ?.n a��^crf!an. r REZONING •.t'_th 1a•.,- and affidac-i.t of publicat.:.en be= TO C -P DIST. In the office of the City Clerk, %lavor Ka'n.' :h a: 'ed .or the public hearing cn the rerc—nme:ndat:,-r. , ORD. NO. 969 tht, Planning Commission prezone from th.f Pa., INTRODUCED inter'm Protective Agr:•..ui*u-a: D'.st.-ict. - C- 9, Ccrttaer ial Professiona' Di..-. ,.t a 600 ;r,:— foo, oar( el loca•.ed a' th,p sou'w-est ,-ornf r ? Sa( ramen,o Road and Weis T,irne- Read Tho P!a ening Dire: ---r --.-,,duc.ed • mat^e. - an: s t3 •.en the Planning Comm_.ss:.c.ns recomme-.aa'.. .:. at•c•rrt Thomas J. Shep%..ard, ?16 Bank ^f t. -r --,.a Bu..'d:ng Stoc ktcn, rFpresent:.nz RCA G'cha: t- n•_n:uni- ,at-(ins spoke ;n favor of the rezc.n:n.g. \ir Shephard 'olri the Council that RCA G1ooa! Co.mmur_i:a'.r— shrd :c, erect a bu;Iding to house a la_zF: ,,.a sed 'o air, c–er as messages c - .. or.;a e and p.ca!:.,, a,gen-._fs. The tac.;.1.1ty n�u= ('.eir the telt phone _rmpan4• .av cta•:rin h of Tur ne r Rc.ad a -d x e. rf the We .-rih -_ r! :n D;. . . t Cana:, Mr. S' -.,-,hard p- a s , clan ana f!c;or plans of the pri-pcsFrl the -e would be -e ry � nr sa-c _ .. bo :n harmony v-ith ex_st:.ng use- in - - ; an 'h ur:.l;'.les wou'd ^e ut:dergrcund cn rht i--- - 1- 425 Minutes of April 5, 1972 continued Mr. R. M. Lipelt, 18644 North Lower Sacramento Road, Woodbridge, stated he was owner of the Lodi Lake Mobilehome Park and he was opposed to the requested prezoning. Mr. Lipelt discussed problems which he felt were caused by General Mills being located on Turner Road. He said he was opposed to more industrial development in this area and he believed RCA Global would eventually become a large industrial complex. Mr. Shephard spoke again stating that the requested zoning would not provide for industrial uses. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. After discussion by the Council, Councilman Kirsten moved introduction of Ordinance No. 969 prezoning a parcel at the southwest corner of Lower Sacramento Road and West Turner Road to be in the C -P, Com- mercial Professional District. The motion was seconded by Councilman Schaffer and carried by unanimous vote. KIRSTEN RE Councilman Kirsten stated he felt it was important POLITICAL that all candidates for City Council have an opportunity CONTRIBUTION to express their ideas to the citizens. He pointed out that due to a change in the Internal Revenue Service regulations, it was now possible to make a contribution to a political office for which a credit against income tax could be received. He urged that the citizens consider contributing a modest amount to the candidate of their choice. LODI Mr. Martin Kuehnert, Business Manager for the ORIONS Lodi Orions Ball Club, extended an invitation to the BALL CLUB City Council to attend the opening game of the season at Lawrence Park on Tuesday, April 18, 1972. LODI- Mrs. Laura Diaz, Director of the Lodi -Woodbridge WOODBRIDGE Improvement Association, 9 North Stockton Street, IMPROVEMENT requested funding from the City of Lodi for the CENTER Neighborhood Youth Corp program for the summer. Mrs. Diaz asked the Council to approve payment of the Association's rent for the next eight months at $150 per month. The Council felt it needed additional information before it could act on the request and the matter was tabled until further information is received. ART Mr. Sohn Gordon, Director of the Lodi Art Center, CULTURAL 428 West Oak Street, requested that a portion of CENTER the Twin Oaks Park be made available to the Art Center for construction of a cultural center. -2- 424 Minutes of April 5, 1972 continued Parks and Recreation Director Ed DeBenedett'- told the Council that the Parks and Recreation Commission had approved the request and he recommended approval by the City Council. He said the Twin Oaks Park area would lend itself very well to this type of a center. After Council discussion, on motion of Councilman Schaffer, Kirsten second, the Council endorsed in principle the request of the Art Center to utilize park land for the cultural center. RECESS At approximately 9:23 p.m. the Mayor declared a recess and at 9:35 the Council reconvened. LEFT TURN Mr. James Culbertson, 641 North Pacific Avenue, LANES - recommended that a change be made in the criteria CULBERTSON for major street intersections that would include left -turn lanes in all directions for all major street intersections. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of March 27, 1972: FORTIER The Planning Commission recommended approval REZONING of the request of Dr. C. W. Fortier by Mr. Robert REQUEST J. Mertz for a change in zoning from R-2, Single - Family Residential District to the C -P, Commercial - Professional District for a 140 -foot by 170 -foot parcel on the north side of West Vine Street between 130 -feet and 300.67 -feet east of the centerline of South Fairmont Avenue. On motion of Councilman Kirsten, Ehrhardt second, the Council set the above matter for public hearing on May 3, 1972. ISHIDA The Planning Commission recommended approval REZONING of the request of Mr. James Ishida for a change REQUEST in zoning from the R-1, Single -Family Residential District to the R -MD, Residential Medium Density Multiple -Family District for a 75 -foot by 125 -foot parcel located at the northwest corner of Park Street and South Hutchins Street. On motion of Councilman Kirsten, Schaffer second, the above matter was set for public hearing on May 3, 1972. OF INTEREST Other actions of interest to the City Council were as follows: Approved the request of Mr. J. Howard Martin for a Use Permit for commercial amusement (youth recreation center) at the site of the former Tokay Market at the northeast corner of North California Street and West Lockeford Street in an area zoned C-2, General -Commercial District with certain conditions, -3- 427: Minutes of April 5, 1972 continued 2. Continued without discussion the Grand Auto, Inc. request for a Use Permit for an automob_le sales and service center with car wash and gasoline pumps at, the southeast corner of South Hutchins Street and West Lodi Avenue, said request having been referred back to the Planning Com- mission for further deliberation. The continuance was based on the absence of a representat_ve of Grand Auto, Inc., at the meeting. 3. Approved the request of Creekside South Apartments by Mr. Robert Houston for a Use Permit to construct Phase U of the English Oaks Manor Development, consisting of a 40 -unit apartment complex on the southern portion of Parcel "K" at the northwest corner of South Hutchins Street and Wimbleton Drive in an area zoned P -D(4), Planned Development District No. 4. This request was approved after review of the Site Plan and Architectural Review Committee and with certain conditions. 4. Continued the request of Mr. Henry Gunsch for a Use Permit to expand the existing "Two Palms Trailer Court" by adding 12 mobilehome sites and 4 overnight travel trailer sites at 1651 South Cherokee Lane in an area zoned C-2, General Commercial District. 5. Recommended that the San Joaquin County Board of Zoning Adjustment deny the request of Mr. Chuck Wentland for; (1) A Use Permit for a 27 -space overnight travel trailer park and a mobilehome sales lot; and (2) for a Variance to increase the maximum number of travel trailer sites per acre from 12 to 14 on the east side of Cherokee Lane, from 1100 feet to approxi- mately 1496 feet south of Kettleman Lane, south- east outh- east of Lodi. This recommendation was based on the Commission's feeling that this development could and should occur in the City with City services. 6. Recommended that the San Joaquin County Board of Zoning Adjustment deny the request of Mr. Berle Crisp for a change in zoning from RA -15 (Residential District - 15000 square foot minimum parcel) to RI -8 (Residential District - 8000 square foot minimum parcel) for a 5.55 -acre parcel at the southwest corner of Lower Sacramento Road and Woodbridge Road, north of Woodbridge. 7. Set for Public Hearing April 10, 1972 the request of Mr. Lee Ehlers and Dr. Gordon Roget for a change in zoning from the R-1, Single Family Residential District to the R -GA, Residen-_:al- - 4- Minutes of April 5, 1972 continued Garden Apartment District for a 2,40 -acre parcel located at the scutheast corner cf Lower Sacramento Rcad and West Lodi Avenue, 8. Set for Public Hearing April i0, 1972 the request of lair. Gene Kramer for a change in zcning from the R-1, Single -Family Residential District to the R -LD, Residential --Low Density Multiple - Family District for a 390 -foot by 446 -foot parcel located on the west side of South Mills Avenue between 360 -feet and 806—feet north of the center line of Nest Lodi Avenue. COMMUNICATIONS ABC LICENSE Applications for alcoholic beverage license were received as follows: 1. Barbara and Russell A. Dickhoff, Del Monte Club, 121-123 North Cherokee Lave, on -sale general eating place, person -.to -person, 2. Tony Romero, Flamingo, 122 North Sacramento Street, on -sale beer, new license. 3. Alonzo M. and Fidelia G. Solis, El Papagallo, 314 North Ham Lane, on -sale beer and eine, eating place. APPEAL - An appeal was received from Mr. T. A. Mclfino T. A. MOLFINO concerning the following conditions set forth by the Planning Commission when approving the Modified Tentative Map of the River Oaks Subdivision: 1, that the private ac cessway over the levee in the approximate center of the townhouse pert-cn of the develcpment be eliminated; 2, that access to the Clty-maintained levee for public works, utility, fire and police vehicles and personnel be as approved by the Public Works Director, Fire Chief and Police Chief. It was the Planning Commission's conclusion that a 20 to 24 -foot -wide accessway between Edgewood Drive and the levee located along the east side of proposed Lot 13 would best serve the munici- pality's needs; 3. that Lots 12 and 13 rear to the levee rather than the Mokelumne River. On motion of Councilman Kirsten, Schaffer second, the above matter ;,,-as set for public hearing on April 18, 1972. -5- m Minutes of April 5, 1972 zontinued LEGISLATION A letter was receded from the City Council of the City of Roseville urg_ng support of legislation which RES. NO. 3614 would permit general law c:.:ies to issue re-renue bonds for extensions and improvements to municipal electric distribution and generation facilities. On motion of Councilman Kirsten, Hughes second, the City Council unanimously adopted Resolution No. 3614 supporting the above legislation. PARK A letter was received from a fourth-grade student REQUEST at Lakewood School, Miss Lisa Bethurum, 1826 Edgewood Drive, requesting the area along the river north of Edgewood Subdivision be preserved as a park. The letter also contained the signatures of 35 children who agreed with Miss Bethurum's request. APPEAL - A letter was received from Attorney Raymond B. DRS. TAVES Lucas, 318 West Pine Street, on behalf of Dr. Melvin & KESZLER - E. Taves and Dr. Chris R. Keszler, et al, appealing PD -(7) the decision of the Planning Commission in denying their request for prezoring to Planned Development, PD -(7) District for a 32 -acre parcel located at the southwest corner of West Lane and Harnev Lane. On motion of Councilman Kirsten, Ehrhardt second, the matter was set for public hearing on June 7, 1972. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $722,641,49 were approved on motion of Councilman Ehrhardt, Schaffer second. AWARD - The City Manager presented bids recei.-ed for the TURNER RD 'Turner Road Duct and Precast Vault"as follows: DUCT & VAULT Communications Construction RES. NO. 3615 & Excavation Company, Inc. $ 9, 586.80 Collins Electric 9, 590. 00 A. Teichert Construction 12,387. 00 Parrish, Inc. 12,493. 10 Ferrero Electr:.c, Inc. 14,662. 30 Claude C. Wood Company 18,813. 50 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 Counc;l adopted Resolution No. 36i:-: awarding the contract for the construction of the Turner Road duct and precast vault to Communications Construction and Excavation Company, Inc. for a total of 59,586.80 6- 4.30 Minutes of Apri! 5, IQ72 r_cntinued HAM -TURNER On motion of Councilman Ehrhardt, Schaffer second, TRAFFIC the City Council accepted the Ham Lane -Turner SIGNALS Road Traffic Signal and Lighting System as complete and authorized the Put!.ic Works Director to file the Notice of Ccmp'-eticn c^ the project. RESCIND The Cit;r Council, cn mot''-cn of Councilman Schaffer, NO PARKING Hughes second, mar-imcusly adopted Resolution No. ZONE 3616 rescinding Resolut?cn No.. 3236 entitled, "Estab- lish no parking zone on south side of LocKefcrd RES. NO. 3616 Street between Church and Scnool Streets, " and thereby re-established pa.rxing on the south side of LocKeferd Street oetween Church Street and School Street. PARALLEL The City Council, on motion of Councilman_ Schaffer, PARKING - Ehrhardt second, unanimously adopted Resolution S. SACTO. ST. No. 3617 establishing parallel parking stalls on the west side of Sacramento Street between Lockeford RES. NO. 3617 Street and Daisy Avenue. FIRE City Manager Glaves stated that funds budgeted for HYDRANT furnishing fire hydrants to new developments had POLICY been depleted for the year. In reviewing the present City policy, the staff had determined that the majority of cities surveyed required the developer to install fire hydrant?. Mr. Gla --.-es said it was the staff's recommendation_ that the fire hydrants in subdivisions be the full respcnsinlity of the developer. After discussion by the Council, on motion of Councilman Hughes, Schaffer second, the Council continued the discussion cl the matter to the meeting of Apr'_! 18 and established the of°ec:_ve date for any new policy adopted concerning fire hydrants to be effective March 15, 1972, except for those subdivisions whose tentative maps had peen approved oy the Planning Commission prior to that date. CASA DE LODI City Manager Glaves presented the Casa de Lodi IMPROVEMENT improvement plans and improvement securities for AGREEMENTS Council apprc-;al, On motion of Councilman Schaffer, Kirsten second, tl-e Council approved the improvement plans and securities as submitted and authorized the City Manager to execute the development agree- ment on behalf of the City ARCHITECT - The City Manager recommended that the Spink ENGLISH OAKS Corporation be employed for a fee of $450 to prepare PARK a conceptual design fcr the 4 -acre park located in English Oaks Manor Sucdi•:`:s'-on. On mot_en of Councilman Hughes, Ehrhardt second, the CeuncS! approved the above recommendation of the City Manager and author_zed employing the Spink Corporation fcr a fee of $450. 43-I Minutes of April `, i972 ccnt_nued MASTER STORM The discuss''-cn of the Vnas;er storm drainage fee DRAINAGE FEE having been continued from the last meeting, the City Manager introduced the matter. He pointed RES. NO. 3618 out that the Publ_c Works Director had reviewed the drainage rests as had been requested oy the Council and had adjusted .he acreage charge to eliminate tae areas needed for drainage basins because this area would produce no revenues. He recommended a charge of $1490 per acre to accomplish the purposes of the fee. After considerable Council discussion, Councilman Ehrhardt mc -;ed adoption of the following resolution: RESOLUTION NO. 3618 MASTER DRAINAGE PROGRAM FEE Whereas, the City Council is desirous of havine a continued orderly growth, and the extension of the storm drainage system is a basic ingredient in providing additional areas for development; and, Whereas, the City Council is desirous of having properties that are to be de -,eloped pay the cost of additional storm drain facilities so as said costs will not oecome a curden on City taxpayers; Now, therefore, beitresc'_ved by the City Council of the City of Lodi: i. That a Master Drainage Program fee be established at a rate of $1440 per gross acre; 2. That this Master Drainage Program fee shall be adjusted on January 1 and July 1 of each year based upon the change of the U.S. Average Engineering News -Record Construction Cost Index; 3. That the adiusted acreage fee shall be calculated by the Putlic works Director using the following formula; Adjusted fee - $1490%acre X ENR Index_ for December or June ENR Index of lb -55 for December, 1971 and that the adjusted fee shall be rounded to the nearest $10.00 and paid at the time of development; 4. That the Master Drainage Program shall include the follow --ng as a City responsibility for construction: A. Storm Water Retention Basins ilncludLng land acquisitions, site development, exca-;at>c.n, structures, pumps and controls, interior dra-nagP system, fencing, sprinkler systems, and turfing} -8- 482 Minutes of Apr__ 5, 1972 continued B. Maier S'crm Drain Lines 1, Lines necessary to connect drainage basins to each other and outlet points; 2. 30 -inch and larger that are necessary to provide the basic drainage network in -various drainage areas throughout the City, 5. That the fee established by this resolution shall be collected at the time of development (i. e. , approval of subdivision final map, issuance of building permit, cr conversion from vacant to any higher use; of any property that has not previously paid a storm drainage fee; 6. That this fee shall apply to all properties developed after March 15, 1972 except tentative maps or use permits approved by the Planning Commission prior to that date and developed within 18 months of the approval date by the Planning Commission. Councilman Ehrhardt's motion was seconded oy Councilman Hughes and carried with Councilman Kirsten voting no. INTRACT The Council then, on motion of Councilman Schaffer, DRAINAGE Ehrhardt second, unanimously adopted the following FEE resolution: RES. NO. 3619 RESOLUTION NO. 3619 INTRACT DRAINAGE FEE Whereas, the instaliati.cn of storm drainage facilities is considered to be an overall City-wide problem for which it is very difficult to fix specific responsibility within the limits of each subdivision or development; and, Whereas, the City Council desires to equalize the storm drainage responsibility in each subdivision of development; Now, therefore, be V resolved by the City Council of the City of Lodi: 1. That Resolution No. 3142 is repealed and an intract drainage fee of $680 per gross acre of property being devel-sped is established; 2. That each subdi-:isicn or development shall be credited cn the '_c!_owing schedule for all storm drain facilit_-es _n3talled by the developer within public streets or rights-cf-way: -9- 433 Minutes of April 5, 1972 r_cnt;nued 12" pipe $ 7. 10 per lineal foot 15' pipe g 8,20 per lineal foot 18" pipe $ 9.80 per lineal foot 21" pipe $ 10.70 per lineal foot 24" pipe $ 11.50 per lineal foot 27" pipe $ 12.50 per lineal foot 48" manhole $ 525.00 each 60" manhole $1250.00 each 3. That whenever >he fees exceed the credits the developer grill pay to the City the balance at the time of development (i, e. , approval of subdivision final map, or issuance of building permits); 4. That whenever the credits exceed the fees the City will reimburse the developer following acceptance of the work; 5. That the fee established by this resolution shall be collected at the time of development (i. e. , approval of subdivision final map, issuance of building permit, or conversion from vacant to any higher use) of any property that has not previously paid a storm drainage fee; 6. That this resolution shall be effective immediately for all developments except those subdivisions naving a tentative map approved by the City Planning Commission prior to March I5, 1972. Councilman Kirsten suggested the staff study the possibility of planning a modest bond 'issue to provide an initial sum of money that would get the drainage program going. CHANGE On motion of Councilman Schaffer, Kirsten second, ORDERS - the Council unanimously approved Change Orders MSC Nos. 3 and 4 for the Municipal Service Center totaling $510. CALIF. LAND City Manager Glaves reported that notices had been CONSERVATION received from the County Board of Supervisors stating CONTRACTS its intention to enter into California Land Conservation Contracts which would include land within one mile of the City; the assessed property owners being Albert M. and Frances A. Warmerdam; Jean C. Kennedy; Walter E. Taylor and John and Ann Van Ruiten. RES. NO. 3620 On motion of Councilman Schaffer, Hughes second, the Council unanimously adopted Resolution No. 3620 protesting the execution of a California Land Conser- _ vation Contract with Albert M. and Frances A. Warmerdam.. rM Minutes of April 5, 11472 continued RES. NO. 3621 On mot' -on of Councilman Ehrhardt, Hughes second, the Council unanimously adopted Resolution No. 3621 protesting the execution of a California Land Conser- vation Contract with Jean C, Kennedy. RES. NO. 3622 On motion of Ccuncilman Schaffer, Hughes second, the Council unanimously adopted Resolution No. 3622 protesting the execution of a California Land Conserva- tion Contract with Walter E. Taylor. RES. NO. 3623 On motion of Councilman Ehrhardt, Schaffer second, the Council unanimously adopted Resolution No. 3623 protesting the execution of a California Land Conser- vation Contract with John and Ann Van Ruiten. EASEMENT - The City Manager presented for Council approval SOUTHERN an agreement between the Southern Pacific Trans - PACIFIC CO. portation Company and the City of Lodi covering an overhead power line crossing the Company's right RES. NO. 3624 of way in Vine Street. On motion of Councilman Schaffer, Ehrhardt second, the Council unanimously adopted Resolution No. 3624 authorizing the Mayor to execute the agreement en behalf of the City. COMPACTOR City Manager Gla-tes reported that bids had been BIDS recei•,ed fcr a compactor for the Sanitary Landfill. REJECTED Since receiving the bids, the County Administrator had strongly recommended that the compactor be acquired on a lease -purchase basis. The City Manager recommended that the Council reject all bids received for the compactor and the staff will then explore the lease -purchase arrangement. On motion of Councilman Kirsten, Schaffer second, the Council rejected all bids received for the compactor. Councilman Hughes suggested the staff should study the possibility cf the sanitary landfill being operated and used solely by the City of Lodi. DRUG ABUSE Councilman Ehrhardt reported on a recent meeting he had attended concerning the drug abuse program. ADJOURNMENT At 11;43 p. m. , on motion of Councilman Kirsten, Schaffer second, the meeting was adjourned to Tuesday, April 18, 1972 at 8;30 p.m. Attes-.. BESSIE L. BENNETT City Clerk