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HomeMy WebLinkAboutMinutes - June 7, 1972470 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 7, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. on Wednesday, June 7, 1972 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER and EHRHARDT (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Planning Director Schroeder and Public Works Director Jones. INVOCATION The invocation was given by Mayor Ehrhardt. PLEDGE Mayor Ehrhardt led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Schaffer, Pinkerton second, the Minutes of May 24, 1972 were approved as written and mailed. PUBLIC HEARINGS APPEAL RE Notice thereof having been published in accordance with PREZONING law and affidavit of publication being on file in the FRAHM PROP. office of the City Clerk, Mayor Ehrhardt called for DENIED the public hearing on the appeal of Attorney Raymond B. Lucas on behalf of Dr. Chris R. Keszler, Dr. Melvin E. Taves and Mr. Brad Frahm from the decision of the Planning Commission in denying their request for the prezoning of a 32 -acre parcel located at the southwest corner of West Lane and Harney Lane from the GA -5, General Agriculture (County classification) and I -PA, Interim -Protected Agriculture (County classification) to the P -D (7), Planned Development District No. 7. Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. A memorandum prepared by the Planning Director concerning the above appeal had also been forwarded to the City Council prior to this meeting. The following persons were present and spoke in favor of the prezoning: Attorney Raymond B. Lucas, 318 West Pine Street, representing the property owners, Dr. Chris R. Keszler, Dr. Melvin E. Taves and Mr. Brad Frahm, reviewed the history of the requested prezoning and discussed the plan for development of the property. Mr. Lucas said he felt the Planning Commission had denied the request for 471 Minutes of ,Tune 7, 1972 continued prezoning because it was felt that utilities would not be available to the area in question. He said that due to the development of English Oaks Manor by Westmont Development Company, certain utilities would be available to the area. He then requested Mr. Victor Meyer to discuss the utilities available to the area. 2. Mr. Victor Meyer, 221 West Oak Street, discussed the Master Plan for sanitary sewer and storm drainage in the English Oaks area. He explained that the developer, Westmont Development Company, had been required to provide for oversized sewage lines in the area south of Harney Lane south of English Oaks Manor and the parcel of land in question could be served by these lines. Mr. Meyer said the land available for development within the City was very limited and he recommended the prezoning oe granted so the property might be developed as proposed. 3. Mr. Brad Frahm, 3720 West Benjamin Holt Drive, Stockton, said the area proposed for prezoning would be developed as an adult community and he recommended approval of his request. The iollowing persons were present and spoke in oppo- sition to the proposed prezoning: 1. Mr. Jeryl Fry, 12495 North West Lane, Lodi. Mr. Fry stated the prezoning should be denied because it would not be consistent with the City's General Plan. He felt urban development on this property would be detrimental to agricultural operations and suggested that future development should be on an orderly and rational basis. 2. Mr. Felix J. Costa, 13160 North West Lane, Lodi. He opposed the prezoning stating it was of utmost importance that piecemeal development be avoided and asked that a General Plan for the City be developed. He said the City had made prior commitments in the area of storm drainage which must be fulfilled before further development is approved. 3. Mr. Thomas A. Griffin, 721 West Kettleman Lane, Lodi, stated he represented Lodi Ecology Action and was opposed to the prezoning because it violated good planning principles. He said he felt the develop- ment was premature and if approved would violate recent legislation (AB 1301) which states that land use and general plans must be in agreement. Mr. Marlowe Weil, 1243 East Harney Lane, opposed the prezoning ior the above reasons. -2- 479 Minutes of June 7, I972 continued 5. Mr. Ray Everitt, 1320 East Harney Lane, opposed the prezoning and felt it to be very poor planning, The City Clerk stated that notarized petitions bearing signatures of 153 persons who were opposed to the prezoning were received. There being no other persons in the audience wishing to be heard on the matter, the public portion of the hearing was closed. After considerable discussion, Councilman Hughes moved the decision of the Planning Commission be upheld and the appeal be denied. The motion was seconded by Councilman Katnich and carried by unanimous vote. On motion of Councilman Hughes, Schaffer second, the Council then directed the staff to study the possibility of using the proposed freeway route of Highway 12 as a planning boundary and requested the Planning Commission to take this under advisement and incorporate this into the City's General Plan. Mr. Victor Meyer, 221 West Oak Street, then requested the Council to relieve Westmont Development of the responsibility imposed by the City to provide for over- sized sewage lines in the areas south of the English Oaks Manor development since the above prezoning denial would preclude development in that area. The Council accepted the formal request of Mr. Victor Meyer and directed the staff to study the request and to submit a recommendation to the Council. Councilman Hughes then moved the Council direct the staff to be present when the Board of Supervisors hears the appeal of the Frahm development under a County Use Permit and to register objections. The motion was seconded by Councilman. Schaffer and carried unanimously. RECESS At approximately 9:30 p.m. the Mayor declared a five- minute recess and the Council reconvened at 9:35 p.m. REPORT ON Dr. Frank V. Johnson, 221 West Oak Street, asked 1965 BOND the Council to provide a report to the citizens of Lodi MONIES showing how the 1965 bond monies were spent. He REQUESTED asked that the report include the amount appropriated and spent for each of the items approved on the ballot; the balance now remaining from the bond monies; explana- tion of what remains to be accomplished to fulfill the commitments made by the Council at that time. He asked that the report be simple and concise and made available to all interested citizens. Mr. Victor Meyer asked that information also be furnished which would supply an inventory of land available for development within the City. -3- 473 Minutes of June 7, 1972 continued Councilman Pinkerton suggested the report include the amount of bond monies spent in the various depart- ments; the amount spent from the General Fund and an indication of increase in costs over the original estimates. On motion of Councilman Hughes, Pinkerton second, the Council directed the staff to prepare a written report concerning the 1965 Bond monies as requested and to make said report available to the public. COMMUNICATIONS ABC Applications for alcoholic beverage license were received LICENSE as follows: -4- 1. Rocco D. Benigno, Costanza's Golden Husk, 2 12 South School Street, on -sale beer and wine eating place, person-to-person transfer. 2. Arlene R. and R. A. Mastro, 7 -Eleven Store, 401 North California Street, off -sale beer and wine, person-to-person transfer. PLANNING The City Clerk read a letter received from Planning COMMISSIONER Commissioner Dean N. Robinson stating his intent not D. ROBINSON to serve another term on the Planning Commission and thanking the Council for having had the opportunity to serve as Planning Commissioner for the past eight years. EHLERS-ROGET A letter was received from Attorney Robert J. Mertz, APPEAL 121 West Pine Street, in which he requested the appeal RESCHEDULED of Ehlers and Roget for the rezoning of a parcel of land located on the southeast corner of Lower Sacramento Road and Lodi Avenue be rescheduled to Wednesday, July 19, 1972. On motion of Councilman Schaffer, Hughes second, the Council rescheduled the appeal as requested. REPORTS OF THE CITY MANAGER DRIVEWAY City Manager Glaves reported that Mr. Fred Baybarz, REQUEST- owner of Lodi Metal Technology, had reached an impasse LODI METAL in discussions with the City Engineer regarding the TECHNOLOGY number of driveways allotted by the City for his business on Kelly Street. At the last Council meeting in a letter to the City, Mr. Baybarz requested and was granted a hearing before the City Council to resolve the matter. The City Manager summarized the request and stated the Public Works Director had attempted to keep the number of driveways to the minimum required for reasonable street access in order to preserve some curb parking and minimize street congestion caused by loading and unloading'in the street. -4- 474 Minutes of June 7, 1972 continued Mr. Lester LaMaie, General Manager for Lodi Metal Technology, 3 i i Kristmcnt Street, explained that his company is now manufacturing large bulky items which necessitate a large amount of space for loading and unloading of materials, He said it was not the Company's desire to unload materials in the street; therefore, they were requesting seven driveways rather than the three approved by the Public Works Director, After considerable discussion, Councilman Hughes moved that the City staff meet with representatives prior to the next Council meeting in an effort to work out a suitable arrangement concerning the driveways; said arrangement should facilitate the loading and unloading of freight and avoid as much as possible the stopping and unloading of trucks on Kelly Street, The motion was seconded by Councilman Ehrhardt and carried unanimously. City Manager Glaves told the Council that complaints had been received concerning the Building Code, and he said he had instructed the staff to make no more exceptions to the Code. He said this policy would be followed unless the Council objected. CRIMINAL Mr. Howard Morter, Criminal Justice Planner, reported JUSTICE to the Council on the progress of the Planning and Developmen PLANNER Project in the Police Department. He explained the purpose of the projectis to develop a planning capability in the Police Department and produce a master plan for future growth into a model police department. CLAIMS Claims in the amount of $240, 829. 55 were approved on motion of Councilman Schaffer, Pinkerton second. AGREEMENT The City Manager presented an agreement between the WI TH LUSD Lodi Unified School District and the City for use of the RE STADIUM Stadium by the School District, On motion of Councilman Schaffer, Pinkerton second, the Council approved the agreement and authorized the Mayor to execute the same on behalf of the City. AGREEMENT- The City Manager then presented the agreement between GOLF DRIVING the City and Harold and Edith Walz for operation of the RANGE golf driving range and authorized the Mayor to execute the same on behalf of the City. On motion of Councilman Schaffer, Hughes second, the Council approved the agreement. NO PARKING - On motion of Councilman, Katnich, Pinkerton second, LKFD STREET the City Council adopted Resolution No. 3639 estab- lishing a "No Parking" zone on the north side of Lockeford RES. NO. 3639 Street between_ Main and Stockton Streets, -5- 475 Minutes of June 7, 1972 continued CPS CLASS City Manager Glaves presented a limited classification STUDY study performed by the Cooperative Personnel Services, APPROVED State Personnei Board, for certain classes in the Public Works Department. He recommended the study be RES. NO. 3640 approved. The City Council, on motion of Councilman Katnich, Hughes second, adopted Resoluticn No. 3640 approving the findings of the classification study and establishing the effective date to be June 8, 1972. INTENT TO The City Manager recommended that Council action ANNEX be taken to annex approximately 95 acres of the City's WHITE SLOUGH property at White Slough. He explained that this acreage PROPERTY contains the White Slough Water Pollution Control Plant and facilities. He further explained that the Government Code provides for annexation of a maximum of 100 acres of City -owned property which is not contiguous to the corporate limits of the City. The above action was recommended so that the property n.ight be removed from the tax rolls and reduce the City tax bill. The balance of the City's property at White Slough is used for agricultural purposes and the City Manager recom- mended this land be included in an agricultural preserve under the provisions of the Williamson Act. RES. NO. 3641 On motion of Councilman Schaffer, Katnich second, the City Council adopted Resolution No. 3641 expressing its intent and desire to annex to the City of Lodi approxi- mately 95 acres presently used by the City in the maintenance and operation of the White Slough Water Pollution Control Plant facilities. AGR. PRESERVE - The City Council on motion of Councilman Schaffer, WHIrE SLOUGH Katnich second, then adopted Resolution No. 3642 PROPERTY authorizing the City Attorney and City Clerk to initiate and conclude the necessary proceedings to place a RES. NO. 3642 portion of the property at White Slough under the Williamson Act of the State of California. MEETING City Manager Glaves reported he had met with repre- WITH S. P. sentatives of the Southern Pacific Transportation Company COMPANY recently to discuss areas of mutual concern such as a bike route to Micke Grove, relocation of the switching yards to south of Kettleman Lane and the problem of the tracks in Lockeford Street. ORDINANCES REZONES PARCEL ORDINANCE NO. 972, entitled, "AN ORDINANCE ON N SIDE W. AMENDING THE OFFICIAL DISTRICT MAP OF THE VINE S OF CITY OF LODI AND THEREBY REZONING A PARCEL FAIRNIONT TO LOCATED ON THE NORTH SIDE OF WEST VINE C -P STREET BETWEEN APPROXIMATELY 130 FEET AND 300.67 FEET EAST OF THE CENTERLINE OF SOUTH ORD. NO. 972 FAIRMONT AVENUE TO BE IN THE C -P, COMMERCIAL - ADOPTED PROFESSIONAL DISTRICT, " having been introduced at an adjourned regular meeting on May 24, 1972, -6- 476- REZONING 76 REZONING LOT 3 WINDSOR TRACT ORD. NO. 973 ADOPTED Minutes of June 7, 1972 continued was brought up for passage on motion of Councijman Katnich, Pinkerton second. Second reading was emitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katnich, Pinkerton Schaffer and Ehrhardt Noes: Councilmen - None Absent: Councilmen - None ORDINANCE NO. 973, entitled, "AN ORDINANCE AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE WESTERLY 55 FEET OF LOT 3 WINDSOR TRACT TO BE IN THE C -P, COMMERCIAL -PROFESSIONAL DISTRICT," having been introduced at an adjourned regular meeting on May 24, 1972, was brought up for passage on motion of Councilman Pinkerton, 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 - Hughes, Katnich, Pinkerton, Schaffer and Ehrhardt Noes: Councilmen - None Absent: Councilmen - None REZONE LOTS ORDINANCE NO. 974, entitled, "AN ORDINANCE 13, I4 & 15 AMENDING THE OFFICIAL DISTRICT MAP OF THE BLOCK 27, CITY OF LODI AND THEREBY REZONING LOTS 13, CITY OF LODI 14, AND 15, BLOCK 27, CITY OF LODI, TO BE IN THE M- I, LIGHT -INDUSTRIAL DISTRICT, "having ORD. NO. 974 been introduced at an adjourned regular meeting on ADOPTED May 24, 1972, was brought up for passage on motion of Councilman Schaffer, Hughes 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 - Hughes, Katnich, Pinkerton, Schaffer and Ehrhardt Noes: Councilmen - None Absent: Councilmen - None EXECUTIVE The meeting was adjourned to an executive session SESSION to discuss personnel matters at approximately 11:35 P. M. ADJOURNMENT There being no further business, the meeting was adjourned at 12:23 p.m. Attest: B. SSIE I'. BENNETT City Clerk