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HomeMy WebLinkAboutMinutes - April 18, 197248.5 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 18, 1972 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. on Tuesday, April 18, 1972 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KIRSTEN, SCHAFFER and KATNICH (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Planning Director Schroeder and Public Works Director Jones. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. MINUTES The Minutes of March 22, 1972 were approved as written and mailed on motion of Councilman Ehrhardt, Schaffer second. On motion of Councilman Schaffer, Ehrhardt second, the Minutes of April 4, 1972 were approved as written and mailed. PROCLAMATIONS BICYCLE Mayor Katnich proclaims Sunday, May 7, 1972 as SUNDAY "Bicycle Sunday" in the City of Lodi. Mr. Mark Brand, 408 West Walnut Street, thanked the Council for the action taken to install bike routes within. the City. He invited the Council and staff to join with others in bringing their bicycles in front of City Hall on Bicycle Sunday. CANCER Mayor Katnich proclaims April "Cancer Control CONTROL Month" in the City of Lodi. KION TH PUBLIC HEARINGS MOLFINO Notice thereof having been published in accordance REZONING with law and affidavit of publication being on file in TO P -D(8) the office of the City Clerk, Mayor Katnich called for the public hearing on the recommendation of the ORD. NO. 970 Planning Commission to rezone from the R-1, Single - INTRODUCED Family Residential District to the P -D(8) District an 8. 54 -acre parcel located on the north side of Edgewood Drive at Lakewood Drive between Lot 43 of Willow Glen Subdivision, Unit No. 1 and Lot 172 of Lakewood Subdivision, Unit No. 3 Planning Director Schroeder introduced the matter and pointed out the area proposed for rezoning on the map. - 1- x Minutes of April 18, 1972 continued The following persons spoke in favor of the rezoning: 1. Michael Lima. 721 South Sacramento Street. 2. T.A. Molfino, 1701 Edgewood Drive. Mr. Molfino explained that he and Mr. LeMoin Beckman, the owner of the property, vrould develop the area proposed for rezoning as 12 single-family lots and 28 townhouse sites. He presented a model of the proposal and described the construction of the townhouses. Mr. Molfino said he felt the proposed development to be compatible with the neighborhood and the quality of homes to be built would compare with those in the area. Mr. Molfino then requested and was granted permission to read letters received from Mr. and Mrs. Emmott Hazard, 220 North Orange Avenue and Ms. Neva Groves, 1099 Sargent Road, Lodi, favoring his proposal. 3. Mr. Le.Moin Beckman, 520 North Lower Sacramento Road, owner of the subject property, said he had spent a good deal of time trying to develop a plan that would fit into this area. He felt the proposed plan would do this. I. Mr. Hugh Steacy, 1025 West Oak Street, said he was interested in purchasing a home in the proposed development and he was in favor of the plan. The following persons corresponded with the City Council favoring the proposal: 1. Mr. Ronald G. Lutz, 740 Maplewood Drive. 2. %,Lr. Thomas M. Jones, 1227 Lakewood Drive. 3. V1r. and Mrs. John E. Hellmer, 750 Greenwood Drive. _. .:r. Martin A. Sward, 1330 Edgewood Drive. 5. Neva Groves, 1099 Sargent Road. 6. Mr. Carmelo Maggio, 901 Greenwood Drive. The following persons spoke in opposition to the proposed rezoning: 1. Attorney Lindsay P. Marshall, 703 West Pine Street, representing 147 homeowners in the Willow Glen - Lakewood area. He submitted a petition to the City Clerk bearing signatures of 296 persons protesting the proposed zoning. Mr. Marshall stated the residents of the area wished the R- 1 zoning to be maintained and they should be able to depend on this. -2- M -M Minutes of April 13, 1972 continued The residents de not wish to have condominium or townhouse construction in this area. He reviewed the proposed plan and questioned if the streets in the condominium area would be City streets; stating they did not meet City standards. He discussed the required access road and saidif it should later become a public street this would create problems. 2. Mr. Andy Cheney, 115 North School Street 3. Mr. Ted Holmstrom, 1529 Edgewood Drive. 4. Dr. Willard C. Collins, 1240 Edgewood Drive. 5. Mr. Jerry Dayton, 539 Willow Glen Drive. 6. Mr. Alan Cheney, 732 Willow Glen Drive. 7. Mr. Lamoine Baxter, 1610 Edgewood Drive. 8. Mr. Howard Mason, 1652 Edgewood Drive. 9. Dr. Craig Graham, 1924 Edgewood Drive. 10. Mr. Louis Peters, 900 Greenwood Drive. 11. iv -1r. Dennis Jacobs, 836 Edgewood Drive. 12. Mr. George Stipe, 1235 Edgewood Drive. Attorney Robert Elliott, 228 West Pine Street, repre- senting Mr. Molfino and Mr. Beckman, discussed the proposal. He pointed out that the Planning Com- mission had approved the proposed rezoning with only one dissenting vote. He explained that the access road required by the City was being appealed by Mr. Moliino. He felt the requested rezoning was compatible with the City's general plan. There being no other persons wishing to be heard, the public portion of the hearing was closed. After discussion by the Council, Councilman Kirsten moved the introduction of Ordinance No. 970 rezoning to the P -D(8) District an 8. 54 -acre parcel located on the north side of Edgewood Drive at Lakewood Drive between Lot 43 of Willow Glen Subdivision, Unit No. 1 and Lot 172 of Lakewood Subdivision, Unit No. 3. The motion was seconded by Councilman Hughes. After further Council discussion, Councilman Kirsten called for a roll call vote and the motion was carried by the following vote: Ayes: Councilmen - Hughes, Kirsten and Schaffer Noes: Councilmen - Ehrhardt and Katnich -3- N Minutes of April 18, 1972 continued RECESS At approximately I0:23 p. m, the Mayor declared a recess. The Council reconvened at 10:30 o.m. MOLFINO Notice thereof having been published in accordance APPEAL with law and affidavit of publication being on file in the office of the City Clerk, Mayer Katnich called for the public hearing on the appeal of Mr. T.A. ;,lolfino of conditions set forth by the Planning Commis- sion in approving the Modified Tentative Map for the River Oaks Subdivision as follc,vs: 1. The private accessway over the levee in the approximate center of the townhouse portion of the development be eliminated; 2. That access to the City -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. 3. That Lots 12 and 13 (now 11 and 12) rear to the levee rather than the Mokelumne River. Planning Director Schroeder introduced the matter by reviewing the conditions set forth by the Planning Commission in approving the Tentative Map for River Oaks Subdivision. Speaking in favor of the appeal were the following persons: I. Dr. Weldon D. Schumacher, 1169 North Ham Lane. He said he agreed with the theory that an access road should be provided but did not agree with the location of it as proposed, Dr. Schumacher presented drawings of the area and pointed out the location of Pacific Gas and Electric Company's power poles and a large oak tree. He felt the large oak tree should be preserved. He said he also felt Lots 12 and 13 (now sots 11 and 12) should terminate at the Mokelumne River rather than at the levee as proposed. 2. Mr. Michael Lima, 7Z 1 South Sacramento Street. 3. Mr. T. A. Molfino, 1701 Edgewood Drive, said he felt the location of the access to the City -maintained levee for emergency vehicles was not a good location as an emergency exit. 4. Mr. Duncan Sprague, 161: Edgewood Drive. 5. Mr. Anthony Galvan, 1605 Edgewood Drive. A letter was also received from Dr. Weldon D. Schumacher in favor of the appeal. -4- 48.9 Minutes of April 18, 1972 continued There were no other persons in the audience wishing to speak on the matter and the public portion of the hearing was closed. After Council discussion, Councilman Schaffer moved that Lots 12 and 13 (now 11 and 12) of the River Oaks Subdivision be extended to the A4okelumne River. The motion was seconded by Councilman Ehrhardt and carried by unanimous vote. After further discussion, Councilman Kirsten moved that the location of the accessway for maintenance and emergency vehicles be determined by the City staff in negotiations with Mr. Molfino. The motion was seconded by Councilman Schaffer and carried by unanimous vote. Item No. 1 under the appeal was withdrawn by Mr. Molfino; therefore, no action was taken on this item. CYCLES Mr. Tom Barsby, 521 Kensington Way, who was in the audience, said a group of young people were in need of a motorcycle track or some facility where they could ride their motorcycles. The Mayor instructed the City Manager to arrange a meeting for Mr. Barsby and his group with the City Attorney, Chief of Police, Parks and Recreation Director, Councilman Ehrhardt and the City Manager to discuss this request. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of April 10, 1972: Accepted the withdrawal of the request of Grand Auto, Inc. for a Use Permit for a car wash and gasoline pumps at the southeast corner of South Hutchins Street and West Lodi .Avenue in an area zoned C- 1, Neighborhood Commercial District. The decision of Grand Auto, Inc. to drop proposals for a car wash and gasoline pumps eliminates the need for a Use Permit; therefore, no action is required by the Council on the Kevin Riley Appeal on this matter. Denied 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, Residential Garden Apartment District for an approximately two -acre parcel located at the southeast corner of Lower Sacramento Road and West Lodi Avenue. 3. Directed a letter to the San Joaquin County Board of Supervisors expressing displeasure over the manner in which 30 or more palm trees were ordered removed on Acampo Road, near Bruella Road, northeast of Lodi on March 29, 1972. -5- 440 Minutes of April 18, 1972 continued 4. Approved 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 trailer sites at 1651 South Cherokee Lane in an area zoned C-2, General Commercial District with certain conditions. Approved the request of Sun West Swim and Tennis Club by Dr. Anthony Ahn for a Use Permit to establish a Swim and Tennis Club on the south side of Cochran Road from 0 feet to 475 feet west of the Woodbridge Irrigation District Canal in an area to be zoned R- 1, Single -Family Residen- tial District with certain conditions. FORTIER City Manager Glaves said he had received a request REZONING from Attorney Robert Mertz, representing Dr. C. W. REQUEST Fortier, that the public hearing scheduled for May 3 concerning rezoning of property on the north side of West Vine Street east of South Fairmont be rescheduled to May 24, 1972. On motion of Councilman Kirsten, Schaffer second, the City Council unanimously approved rescheduling the above public hearing to May 24, 1972. COMMUNICATIONS ABC An application for alcoholic beverage license was LICENSE received for Everett F. and Phyllis J. West, Lodi Billiards, 112 East Elm Street, on -sale beer, new license. CITY OF A letter was received from Mr. B. Gale Wilson, FAIRFIELD City Manager of City of Fairfield, requesting the City of Lodi to lend its support to a request to the State Division of Highways to fund a freeway by-pass in lieu of the present Highway 12 in downtown Fairfield. No action was taken. LEGISLATION - A letter vias received from Governor Ronald Reagan PROP. 02 requesting endorsement and support of Proposition #2 on the June primary ballot which will ask for authorization to issue and sell $350, 000, 000 of State general obligation bonds for building schools. No action was taken. REPORTS OF THE CITY MANAGER CLALbIS Claims in the amount of $114, 436. 95 were approved on motion of Councilman Hughes, Kirsten second. PLANS & SPECS The City Manager presented plans and specifications FENCING - for the A-2 Retention Basin Fencing for Council approval. A-2 BASIN On motion of Councilman Schaffer, Ehrhardt second, the Council approved the plans and specifications and authorized advertising for bids thereon. -6- 441 Minutes of April 18, 1972 continued SPECS - The City Manager presented specifications for stranded ALUMINUM aluminum conductor for the Utilities Department for CONDUCTOR Council approval. On motion of Councilman Schaffer, Ehrhardt second, the Council approved the specifi- cations and authorized advertising for bids thereon. LIPELT Mr. Glaves presented a request from Mr. R. M. LEASE Lipelt for the renewal of a yearly lease with the City covering a small portion of the Lodi Lake area imme- diately east of Mr. Lipeit's property. He recommended the lease be renewed. On motion of Councilman Ehrhardt, Hughes second, the Council renewed Mr. Lipelt's lease for one year ending March 31, 1973. FEASIBILITY City Manager Glaves stated that funds had been provided STUDY - LODI in the current budget for an engineering study to LAKE determine the feasibility of developing a barrier at the north end of the Lodi Lake which would be utilized to retain water in the Lake on a year -around basis. He recommended the Spink Corporation of Sacramento as engineers to conduct the study. Councilman Hughes said he felt the matter should be studied more thoroughly before the study is authorized by the Council and moved the matter be tabled until the next regular Council meeting. The motion was seconded by Councilman Schaffer and carried by unanimous vote. FIRE HYDRANT The discussion of the City's fire hydrant policy having POLICY been continued from the meeting of April 5, 1972, L. SACTO RD City Manager Glaves brought the matter up for further RES. NO. 3625 discussion. Councilman Schaffer said he was satisfied TO C -P DIST. that the subdivider should bear this cost and moved adoption of Resolution No. 3625 establishing a fire ORD. NO. 969 hydrant policy for the City of Lodi thereby transferring ADOPTED the full responsibility of fire hydrants in subdivisions to the subdivider. The motion was seconded by Councilman Hughes and carried by unanimous vote. ORDINANCES and ordered to print by the following vote: PREZONE ORDINANCE NO. 969, entitled, "AN ORDINANCE S. W. CORNER PREZONING A 600 -FOOT BY 725 -FOOT PARCEL L. SACTO RD LOCATED AT THE SOUTHWEST CORNER OF LOWER & W. TURNER SACRAMENTO ROAD AND WEST TURNER ROAD TO C -P DIST. TO BE IN THE C -P, COMMERCIAL -PROFESSIONAL DISTRICT, " having been introduced at a regular ORD. NO. 969 meeting on April 5, 1972, was brought up for ADOPTED passage on motion of Councilman Schaffer, Ehrhardt 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, Hughes, Kirsten, Schaffer and Katnich Noes: Councilmen - None Absent: Councilmen_ - None 4.41E :Minutes of April 18, 1972 continued MUNICIPAL The City Clerk certified that she had canvassed the ELECTION returns of the General Municipal Election and reported RESULTS the results thereof. On motion of Councilman Kirsten, Ehrhardt second, the Council adopted the following resolution; RESOLUTION NO. 3626 DECLARING RESULT OF ELECTION WHEREAS, a General Municipal Election was held and conducted in the City of Lodi on Tuesday, the 11th day of April, 1972, as is required by law; and, WHEREAS, it appears from the report of the City Clerk and the records on file in her office that voting precincts were properly established and the polling places thereof designated; that election officers were appointed and qualified; that election supplies, including official ballots, were furnished each of said precincts; and that in all respects, said election was held and conducted and the votes received thereat received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State providing for and regulating elections in general law cities; and, WHEREAS, in accordance with Resolution No. 3602, the City Clerk conducted the canvass of the returns of said election; and, WHEREAS, the City Council of the City of Lodi, meeting at the City Council Chambers this 18th day of April, 1972, to declare the results of the election and to install the newly elected officers, finds, determines and declares as a result of said count and canvass as certified by the City Clerk: ( 1) That said General Municipal Election was held and conducted in the City of Lodi, California, on the 11th day of April, 1972, in time, form and manner required by lav; (2) That there were fourteen voting precincts established in said City for the purpose of holding said election, viz: VOTING PRECINCT 1, comprising State and County precinct numbers L2401 and L2402. VOTING PRECINCT 2, comprising State and County precinct numbers L2403 and L2404. VOTING PRECINCT 3, comprising State and County precinct numbers L2406 and L2407. VOTING PRECINCT 4, comprising State and County precinct numbers LZ408 and L2409. VOTING PRECINCT 5, comprising State and County precinct numbers L2410 and L2411. VOTING PRECINCT 6, comprising State and County precinct numbers L2412 and L2413. -8- 44E Minutes of ?,pr' -1 ,8, 1972 continued VOTING PRECINCT 7, comprising State and County precinct numbers L2405 and L2414. VOTING PRECINCT 8, comprising Stave and County precinct numbers L2415 and L2416. VOTING PRECINCT 9, comprising Stale and County precinct numbers L2417 and L2418. VOTING PRECINCT 10, comprising Sta._e and County precinct numbers LZ 119 and L2420. VOTING PRECINCT 11, comprising State and County precinct numbers L2421 and L2.122. VOTING PRECINCT 12, comprising State and County precinct numbers L2123 and L2424. VOTING PRECINCT 13, comprising State and County precinct number L2425. VOTING PRECINCT 14, comprising State and County precinct number L2426. (3) That the whole number of votes cast as said election was twelve thousand four hundred and forty-nine (12,449). (4) That the names of the persons roved for, the offices for which they were voted, and the number of votes received by each of said persons in each of said precincts, together with the whole number of votes received in the entire City by each of said persons are as follows: For City Councilman Prec. SCHAFFER BRECKENRIDGE MCVAY PINKERTON THOMAS 1 178 79 60 147 96 2 22.8 122 63 189 83 3 213 161 68 154 80 4 246 151 78 210 115 5 377 245 126 229 223 6 330 l96 99 175 152 7 232 91 59 172 95 8 356 200 90 193 239 9 296 161 109 182 169 10 275 160 77 218 156 11 340 195 i07 231 331 12 293 249 146 207 249 13 185 155 QO 124 140 i 14 246 186 ()1 i34 197 abs. 48 40 13 16 33 TOTAL 3843 2391 :276 2581 2358 RESOLVED, THEREFORE, that at said General Municipal Election held in the City o` Lodi on April 11, iQ72, the following named persons were elected to the office of Citi- Councilman: -9- 444 Minutes of April I8, 1972 continued BEN SCHAFFER, for a term of four years from and after the 18th day of April, 1972, and until hl.. successor shall have been elected and shall have qualified; JAMES W. PINKERTON, JR., for a term of four years from and after the 18th day of April, 1972, and until his successor shall have been elected and shall have qualified. Upon the adoption of this resolution, the City Clerk shall enter a full copy thereof on the records of the City Council of the City of Lodi for its meeting held this 18th day of April, 1972. COUNCILMAN Mayor Katnich presented Councilman Kirsten with KIRSTEN a plaque from the citizens of Lodi in appreciation of his services to the community as Mayor and Councilman the past eight years. OATH OF The City Clerk administered the oath of office to OFFICE Mr. Ben Schaffer and Mr. James Pinkerton, Jr. and presented a certificate of election to each. REORGANIZATION OF THE CITY COUNCIL MAYOR AND The City Clerk called the new Council to order VICE MAYOR and asked for nominations for Mayor. Councilman ELECTED Hughes nominated Councilman Ehrhardt. Nomina- tions were closed on motion of Councilman Schaffer and Councilman Ehrhardt was elected Mayor by unanimous vote. Councilman Schaffer nominated Councilman Hughes for Mayor Pro Tempore. The nominations were then closed on motion of Councilman Katnich, Schaffer second. Councilman Hughes was *hen elected by unanimous vote. ADDENDA LEAGUE OF City Manager Glaves reminded the City Council CALIF. CITIES of the League of California Cities' Statewide Tax and Legislative Conference to be held in Sacramento on April 26-27, 1972. NCPA Councilman Hughes reported on recent Northern California Power Agency meetings he and the City Manager attended in Santa Clara. ADJOURN:tiiENT There being no further business, the City Council adjourned at 12:05 a. m. Attest: ;- B NNET C ty Clerk - 10-