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HomeMy WebLinkAboutMinutes - June 21, 1972477 CITY COUNCIL, CITY OF LODI CITY :TALL COUNCIL CHANIB ERS JUNE 21, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m . on Wednesday, June 2 1, 1972, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES (8:05 p.m.), 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 giver. by Mayor Ehrhardt. PLEDGE Mayor Ehrhardt led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, Schaffer second, the Minutes of June 7, 1972, were approved as written and mailed. HUGHES ARRIVED Councilman Hughes arrived at approximately 8:05 p.m. PRESENTATION RECREATION Mayor Ehrhardt presented Dr. Dean Robinson with a COMMISSIONER Certificate of Appreciation from the City Council thanking him for his service to the community while serving on the Planning Commission the past eight years. S. MANN RE Mr. Steve Mann of Mann Advertising Agency discussed OPERATION the project "Operation Identification" and requested IDENTl iCATION Council support of this burglary and theft prevention program. Mayor Ehrhardt requested that further information be furnished the Council before action is taken on the reouest. PUBLIC HEARINGS ORDER City Attorney Robert H. Mullen stated that Chief DECLARING Building Inspector J. Paul McClure of the City of Lodi PUBLIC had caused the premises at 32.1 1/2 Louie Avenue to be NUISANCE E inspected and said inspection had resulted in the Building DEMO LITION - Official finding that said premises were a public nuisance 324 1/2 LOUIE as defined in Ordinance No. 960 of the City of Lodi and AVENUE that same should be demolished. He further stated that said Building Official had caused a notice to be prepared setting forth his findings and the corrections that were to be made in order to compi;r with the codes of the City of Lodi and the laws of the State of California; a copy o: said notice was mailed by certified mail to the property owners on flay 18, 1972, and a copy of said notice was also posted on said premises on May 18, 1972. D.1r. then_ filed with the City Clerk the "Notice of 47ts Minutes of June 21, 1972, continued Existence of Public Nuisance and Order to Demolish" and the ';Declaration_ of Mailing. " Mr. Mullen stated that more than 30 days had elapsed since the mailing and posting of said notice and that no person had ap- peared to protest or object to the findings of the Chief Building inspector. Photographs of the structure were also presented to the Council for viewing and then filed with the City Clerk. City Attorney Mullen then called upon Chief Building inspector J. Paul McClure to present his testimony to the City Council. The City Cierk swore in Chief Building Inspector J. Paul McClure and he then gave the following testimony: "My inspection of the above premises disclosed the following unsafe, dangerous and hazardous conditions: 1. Section 17906 of the Health Code requires each building, and any portion thereof, and the premises of each building to be clean, sanitary, free from all accumulation of debris, filth, rubbish, garbage, -?ermin, and other offensive matter. All of these prohibited conditions are pre sent at the above property. 2. Water is standing under the house in a stagnant and unsanitary condition. 3. All the screens on the windows are in need of repair or replacement. 4. Floor coverings must be replaced and the floor itself must be repaired and maintained in a safe condition. 5. The kitchen sink and sink boards need to be replaced and recovered. 6. The console floor heater in the southwest bedroom must be removed because it is illegal to locate a space heater in a bedroom or bathroom. 7. The area of the northeast room is insufficient to be maintained as a bedroom due to the ceiling height. 8. The main electric service on the west side of the house will have to be changed to a minimum of 50 amps. , and the interior wiring checked and additional plugs and outlets installed to comply with the City of Lodi Electrical Code. 9. The plumbing vents and the plumbing under the sinks must be replaced or repaired to eliminate all leaks and unsanitar•.r conditions. 10. Reference is made to the pictures attached, all of which were taken on May 19, 1972, in my presence by Lodi Police Department Officer Vincent Lake. -2- 47Q Minutes of June 21, 1972, continued a. Pictures 1 and 2 show, the exterior of the premises and the fact that the required notice has baen posted. These pictures also depict the `ire hazard by reason of the grass, the lack of proper roofing, and the fact that the windows are broken out and there are no screens. Your attention_ is also called to the roof and in Picture 2 note the sag ir_ the roof line from the chimney to the easterly end of the building. b. Pictures 3 and 4 indicate the deterioration of the foundations and the presence of dry rot. C. Picture 5 indicates the various violations of the Building Code as noted on the picture. d. Picture 6 indicates the violations of the Electric Code. Pictures 7 and 8 indicate the violations of the Health and Safety Ccde with reference to the garbage, debris, filth, and rubbish. 11. By reason of a combination_ of all of the foregoing conditions, in my opinion the house is in such a dilapidated condition that repair is impossible and the building should be demolished. " The City Attorney asked if there were any persons in the audience who wished to speak on the above matter. There was no one who wished to speak either in favor of or in op- position to the matter. The Gity Council, on motion of Councilman Katrich, Hughes second, then adopted its Order directing Cathy White and Judy Tobias, the record owners of the hereinafter described premises, and/or Matilda Pacesas (Cary), holder of a deed of trust lien thereon to remove the building and structure at 324 1/2 Louie Avenue and that said work of removal should be commcnced not less than 10 days after the issuance of this order and said work shall proceed to its completion on or before :uly 19, 1972. The structure herein referred to is situate on the real property in the City of Lodi, County of San Joaquin., described as follows: The South 50 feet of Lot 47, of Tract No. 16, :lap of Froehne.rt Subdivision., Lodi, California, according tc the Official Map or Plat thereof, filed for record April i, 1937, in Book of Maps and Plats, Vol. 11, Page 25, San Joaquin County Records. (Measured by a line drawn parallel to the South line of Lot 47). V. MEYER - Mr. victor Meyer, 2Z 1 West Oak Street, questioned RE CITY the current status cf the City's requirement that the POLICIES West -vont Development Company provide oversized sewage lines in the areas south cf Ervlish Oaks Manor development. -3- t .Minutes of June 21, 1972, continued Mr. Meyer pointed out that at the last meeting he had requested the Development Company be relieved of this responsibility. He asked whey, they could expect a report from the staff and a decision by the City Council or. the matter. Mr. Meyer also requested the Council adopt a "payment policy" regarding tie-in charges as he felt the present City policy to be inequitable. City Nlanager Glaves explained that the General Plan was presently being reviewed and it would be difficult to make decisions in these areas until review of the General Plan has been completed and some direction is received from the City Council. After considerable Council discussion, the Council de- termined that an adjourned Council meeting would be held on Wednesday, July 26, at which time the City's policies with regard to the above matters would be discussed. PLANNING COMMISSION On motion of Councilman Schaffer, Hughes second, the matter was set for public hearing on July 5, 1972. REZONE TO The Planning Commission recommended the approval of R -LD NE the request of Mr. Louis Fugazi by Mr. Robert J. Mertz COR. N. HA VI for a change in zoning from the R-2, Single -Family & W. LOCUST Residential District to the R -LD, Low Density Multiple - Family Residential District for a 119 -foot by 390. 36 -foot parcel located at the northeast corner of North Ham Lane and West Locust Street. (The parcel includes Lots 1, 2, 3, 4 and 5 of Fairmont Park and a 60 -foot by I19 -foot abandoned portion of North Sunset Drive. ) On motion of Councilman Schaffer, Hughes second, the matter was set for public hearing on July 5, 1972. ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council Approved the request of Dr. Lee G. Bates for a Variance to reduce the required rear yard from 10 feet to 0 feet to permit the construction of a commercial building on the rear property line adjacent tc a residentially -zoned area on a parcel located between 1100 and 1120 South Cherokee Lane in an area zoned C-2, General Commercial District. -4- The City Manager gave the following report of the Planning Commission meeting of June 12, 1972: REZONE TO The Planning Commission, recommended the approval of P -D (10) 81 -ACRE the request of Mrs. Esther Anderson for a change in PARCEL E OF zoning from the R-1, Single -Family Residential District S. HL; TCHINS ST, to P -D (10), Planned Development District No. 10 for an approximate 8 1 -acre parcel on the east of South Hutchins Street, bounded by Harney Lane, South Hutchins Street; a lire running east and west approximately 2640 feet north of the centerline of Harney Lane and the Southern Pacific Railroad right of way with certain conditions. On motion of Councilman Schaffer, Hughes second, the matter was set for public hearing on July 5, 1972. REZONE TO The Planning Commission recommended the approval of R -LD NE the request of Mr. Louis Fugazi by Mr. Robert J. Mertz COR. N. HA VI for a change in zoning from the R-2, Single -Family & W. LOCUST Residential District to the R -LD, Low Density Multiple - Family Residential District for a 119 -foot by 390. 36 -foot parcel located at the northeast corner of North Ham Lane and West Locust Street. (The parcel includes Lots 1, 2, 3, 4 and 5 of Fairmont Park and a 60 -foot by I19 -foot abandoned portion of North Sunset Drive. ) On motion of Councilman Schaffer, Hughes second, the matter was set for public hearing on July 5, 1972. ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council Approved the request of Dr. Lee G. Bates for a Variance to reduce the required rear yard from 10 feet to 0 feet to permit the construction of a commercial building on the rear property line adjacent tc a residentially -zoned area on a parcel located between 1100 and 1120 South Cherokee Lane in an area zoned C-2, General Commercial District. -4- 481 Minutes of June 21, 1972, co.n. inu-�d Recommended that the San Joaquin County Planning Commissicn approve the request of the East Side Winery for a change in zoning from the I -PA, Interim -Protected Agricultural District to the M- 1, Limited Manufacturing District for a parcel_ on the north side of State Highs,,ay 12, from 0' to 480' east of the intersection cf the Southern Pacific Railroad right-of-way and the Central California Traction Company right-of-way, east of Lodi. Recommended that the San Joaquin County Planning Commission approve the request of Mr. Chance Wong for a change in zoning from the GA- 1, General Agricultural District to the R: - U, Residential District for a 14 -acre parcel at the southeast corner of Woodbridge Road and Augusta Street, rown of Woodbridge. Recommended that the San Joaquin County Board of Zoning Adjustment deny the request of Mr. Marvin Swan for a Use Permit for a temporary mobilehome while constructing a duplex on an adjoining lot, on the south side of Augusta Street, 100 feet east of Chestnut Street, Town of Woodbridge, in an area zoned R-2, Residential District. Recommended that the San Joaquin County Board of Zoning Adjustment approve the request of Mr. Harold Merrill for a Use Permit to expand an existing nursery on the south side of Turner Road, from 2620 feet to 2770 feet west of Lower Sacramento Road, west of Lodi in an area zoned GA -5, General Agricul- tural District. CO`✓LMUNICATIONS ABC LICE217SE An application for alcoholic beverage License was received for Shannon Carpenter and Eimer Ehrlich, The Playboy, 7 South Sacramento Street, perscn-to-person transfer, on -sale beer. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $315, 422. 42 were approved on motion of Councilman Schaffer, Katnich second. STATE City Manager GLaves recommended the City renew its EXAMINING contract with the Cooperative Personnel Services, SERVICES California State Personnel Board, providing for exam- ir_aticn services to the Citv. On motion of Councilman RES. NO. 36:3 Katnich, Pinkerton second, the Council adopted Resolution No. 3643 approving the contract and authoriz- ing its execution by the City ,'Manager on behalf of the City. -5- x:82 Minutes of June 21, 1972, continued AMBULANCE The City Manager reported that the Lodi Ambulance SERVICE RATE Service had submitted a request for an increase in their INCREASE rates for service. He explained that the City Code pro - REQUEST vides that the ambulance ccmpany shall file its rate schedule with the City and the rases cannot be changed without first filing the modified rates with the City Council thirty days prior to the effective date of the change. Mr.. Michael N. Nilssen, co-owner of the Lodi Ambulance Service, 340-B South Fairmont Avenue, explained their request was for an increase in the base rate from the present $30.00 to $35. 00 and an increase in the mileage rate from $1.00 to $1. 50 per mile. After a brief discussion, Councilman Hughes moved action_ on the request be deferred until Wednesday, July 5, 1972. The motion was seconded by Councilman Schaffer and carried. The Council then requested the Lodi Ambulance Service to furnish a statement of operating costs prior to the meeting on July 5. TOPICS City ;Manager Glaves stated that each of the Councilmen had received prior to the meeting a copy of Lodi's TOPICS (Traffic Operations Program to Increase Capacity and Safety) Study Report. He explained that the report is a review of 19 intersections throughout the City for determination, of warrants for traffic signal installation. Of the 19 intersections studied, 11 of them warranted traffic signals. He reviewed the intersections warranting traffic signals by priority number and reported there were sufficient 1970-71 TOPICS funds and City matching funds to accomplish the first two priority projects, namely Ham Lane and Elm Street and Lodi Avenue and Stockton Street. The City Council, on mction of Councilman_ Katnich, Hughes second, then accepted the TOPICS Study Report prepared and submitted by the Public Works Director. The City Council, on motion of Councilman Hughes, Katnich second, authorized submission of the project reports cn high priority projec is (traffic signals at the intersection of Elam Lane and Elm Street and Lodi Avenue and Stockton Street) to the State Division of Highways. RIGHT OF WAY On motion of Councilman Schaffer, Hughes second, the CERTIFICATE Council adopted Resolution No. 3644 authorizing issuance of a right of way certificate for traffic signal installation RES. NO. 3644 at the intersection of Ham Lane and Elm Street. RIGHT OF WAY On motion of Councilman Schaffer, Hughes second, the CERTIFICATE Council adopted Resolution No. 3645 authorizing issuance of a right of way certificate for traffic signal installation RES. NO. 3645 at the ?r.tersecticn of Lodi Avenue and Stockton Street. -6- 48b Minutes of June 2 i, 1972, continued ISSUANCE OF The City Council, on motion of Councilman Pinkerton, ENVIRONMENTAL Schaffer second, then authc-rized the issuance of En - STATEMENTS vironmental Statements on each -;f the above projects. LAKE PARK Mr. Glaves told the Ccur_cil that the Sanitary City GARBAGE Disposal Company had under its original franchise SERVICE with the Citv an obligation tc rt�rnove garbage from the Lodi Lake Park. He explained that the volume of garbage had increased o-,er the years making it neces- sary for the City to make other arrangements for removal of garbage from the Lake Park. He explained that City crews have used City trucks to augment the Company's services and were new hauling garbage to the Landfill during the week. This had prompted a review of the problem with the Sanitary City Disposal Company and the Company had submitted a proposal to the City. The proposal provided that a charge be made to the City during the five summer months. In addition, containers would be placed in the Park and the City would be charged for them over a three-year period. The Company also proposed to make no charge for pickups during the seven slack months of the year until the volume increases beyond 50 cans a week. In outlining the Company; s prcposal, the City Manager said the pickup service would cost $960 for the five- month period during the summer and the annual charge for containers would be $433 per year for a three-year period for a total of $1, 393 per year, Mr. Glaves felt this total cost was less t H .an the present cost to the City with City personnel doing the job under the present con- ditions. He recommended approval of the proposal. Mr. Dario DeBenedetti, representing the Sanitary City Disposal Company, 18012 North Cluff Avenue, discussed the prcposal and answered questions of the Council. After discussion, Councilman Katnich moved the Council authorize the City Manager and the City Attorney to negotiate an agreement with the Sanitary City Disposal Company in accordance with the proposal submitted by the Company dated May Z3, 1972; and further that the Citv Council schedule a future meeting with the Recreation C) Cmmission to discuss the Lodi Lake Park as well as other parks in the City. The motion was seconded by Councilman Pinkerton and carried by unanimous vote. LIGHTING - Councilman Hughes reported that he had learned that LAKE PARK Mr. Robert Baker, patrolman for the Lake Park, felt additional lighting wao needed in the park area at the end of Laurel Avenue. Councilrnan Hughes recommended a light be installed at this location for safety purposes. On. motion of Councilman Pinkerton, Schaffer second, the Council directed the staff to .nstall immediately a light on the Lake Park property near the end of Laurel Avenue. The Council then requested the City- Manager tc determine if property owners were interested in installation of street lights on Laurel A,;er.,ie. 6AS Minutes of June 21, 1972, continued APPOINTMENTS ENVIRONMENTAL Mayor Ehrhardt proposed the following appointments QUALITY COM. - to the Cities and County of San Joaquin Advisory CCSJAPA Planning Association Environmental Quality Committee and asked the Council's concurrence; Mr. Jack Fiori Mr. Thomas Griffin Mrs. Esther Lund Mr. Robert W. Schulenberg On motion of Councilman Schaffer, Katnich second, the Council concurred in the above appointments. PLANNING Mayor Ehrhardt proposed the following appointments COMMISSION to the Planning Commission and asked the Council's concurrence; Mr. Fred Muther (reappointment) (4 -year) Mr. Lucas Tonn (terms expiring June 30, 1976) On motion of Councilman Pinkerton, Schaffer second, the City Council concurred in the above appointments. LIBRARY Mayor Ehrhardt proposed the reappointment of C. M. BOARD "Bud" Sullivan to the Library Board for a three-year term expiring June 30, 197:. On motion of Councilman Katr_ich, Hughes second, the Council concurred in this appointment. ADJOURNMENT At approximately 10:22 p.m, the Mayor adjourned the meeting to an executive session for discussion of personnel matters. At the conclusion of the executive session the Mayor adjourned the meeting to 8:00 p. m. , Wednesday, June 28, 1972. -8- Attest: (F7 -SIE I�B NNlClerk