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HomeMy WebLinkAboutMinutes - July 5, 1972I CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 5, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m, on Wednesday, July 5, 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. PUBLIC HEARINGS REZONE Notice thereof having been published in accordance 390 x 446 -FT. with law and affidavit of publication being on file in the PARCEL ON W office of the City Clerk, Mayor Ehrhardt called for SIDE S MILLS the public hearing on the recommendation of the Planning TO R -LD DIST. Commission to rezone from the R- 1, Single -Family Residential District to the R -LD, Low -Density Multiple ORD. NO. 975 Family Residential District a 390 -foot by 446 -foot INTRODUCED parcel located on the west side of South Mills Avenue C ^. S?d(Cc') between 360 feet and 806 feet north of the centerline of West Lodi Avenue. Planning Director Schroeder introduced the macter and presented a drawing of the area proposed for rezoning. He explained that the applicant, Mr. Gene Kramer, proposed to develop a four -acre parcel that was originally planned as a new site for St. John's Episcopal Church. Mr. Ralph Lewis, Real Estate Broker, 31 South Church Street, representing the applicant and the property owner spoke in favor of the rezoning. Mr. Lewis dis- cussed the proposed development stating the applicant, `._:. 'ramer, wishes to subdivide the property into _.::c,r lots - ten for single family and ten for duplexes ;hi h would be allowed under the R -LD zoning. Attorney Norman D. Shumway, 311 East Main Street, spoke in opposition to the proposed rezoning. He re- viewed the history of the parcel stating that it was origiraily planned as a new site for St. John's Episcopal Church. HeI said the property is subject to a restrictive covenant which was recorded with the -I- Minutes of July 5, 1972, continued deed at the time Mrs. Eunice Benson sold the property to the church. He said this matter would be resolved by the Courts and if the restrictive covenant is upheld, then the property could not be developed in the manner _. proposed by Mr. Kramer. Mr. Shumway also felt the proposed rezoning would be inconsistent with present development in the area. Also speaking in opposition was Mr. Carl Andre, Z025 Jackson Court, who felt the area should remain in the R- 1 District. The City Clerk reported that a letter had also been received from Mr. Andre opposing the rezoning. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. After Council discussion, Councilman Katnich moved introduction of Ordinance No. 975 rezoning 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 centerline of West Lodi Avenue to be in the R -LD, Low -Density Multiple Family Residential District. The motion was seconded by Councilman Schaffer and carried by unanimous vote. REZONE TO Notice thereof having been published in accordance with P -D(10) 81 -ACRE law and affidavit of publication being on file in the - PARCEL E. OF office of the City Clerk, Mayor Ehrhardt called for the S. HUTCHINS ST. public hearing on the recommendation of the Planning Commission to rezone from the R- 1, Single -Family ORD. NO. 976 Residential District to the P -D(10), Planned Develop - INTRODUCED ment District No. 10 an approximate 81 -acre parcel C ^_ 53 C - ; located on the east side of South Hutchins Street, CC k4ci bounded by Harney Lane, South Hutchins Street; a line running east and west approximately 2640 feet north of the centerline of Harney Lane and the Southern Pacific Railroad right of way, subject to the following conditions; a. General Requirements (1) A Tentative Subdivision Map which conforms to the zoning proposal shall be submitted to the Planning Commission and shall be established as a part of the development plan. (Z) For the area south of Century Boulevard prior to or at the time of filing of any Final Map or Maps at least one-half of the lots shown on said map or maps shall be for single-family purposes. (3) The dedication and improvement of South Hutchins Street and Century Boulevard shall conform to the adopted Specific Plans for those streets. -Z- 43 Minutes cf July :, 1972, continued (_) Harney T a:.e shall be improved and dedicated as a major City Street with a right-of-way of 80 feet ar_d a curb-tc-curb dimension of 64 feet. (3) The routing of a bicycle path or lane north - south t.,rough the property shall be provided. (6) The area on. the north side of Century Boulevard between South Hutchins Street and South Church Street which is designated as an apartment house site shall coalc=i to the height, area, minimum -rd_; :and cc) e -age and ozf-street parking as qe, cwt in Section 27-8, ?-MD, Medium Density _viuitiple Family Residential District e \1t:nzcica_i Code and as depicted on the annended site an submitted to and reviewed by the Planning Commission. r; it�in 30 days of the final approval of Planned Develop.nent District No. 10 by the City Council, the developers shall present the Planning Director a "Development Schedule" as required by the City's Zoning Ordinance. b. Single -Family Development (1) The single-family portion of the development s"ail not be subject to site plan and architectural review. (L) Within this area the uses permitted, height and area; minimum yards, and land coverage shall :o reform to Section 27-5, R- 1, Single - Family Residential District of the Municipal Code. C. Two -Family Development ( 1) x111 duplexes shall be subject to site plan and ap r„ al. the a-eas i ez oted to two-family dwellings, and area, minimum yards and land _ •cra.�e __., ld (-enforr: to Section 27-7, R -GA, Cara. en A.oar tment Residential District of the i3) For two-family d%,,•edlings the minimum area ,:_a_i be c, 0.00 square feet wab a minimum id -1 60 feet and a minimum depth of 100 feet. d. r c ar ait;_iv Devei^omect (1) ;iii fourplezxs shall be subject to site plan and a._hitecru:a: approval, Z) ____ _._ aL.__., devoted to four -family dwellings, heig it and are=_, minimum yards and land cover- age j'ia- !i cc cr. to Section 27-8, Medium Density 0 �.ti^ores c' 3uly 5, :j 12, ccritinued �lnitiple Family Residential District, of the �.Iun_c pal Code, (3) For 1"our-fam-:1v dwellings the minimum area shall ba 8, 000 square feet with a minimum width of 60 feet and a minimum depth of 100 feet. (4) Within_ the area designated for fourplexes._ the developer shall provide a landscape plan and an automated sprinkler system plan which shall be subject to the approval of the Public Works _lc Ja rtm E:^_t, ^e deed restrictions (i, e. , Homeowners` Associ- a_ .,r. Requirements) as they concern the main - ;e ;ance of the common areas and other items shall be submitted for review by the Planning Com-n_ssicn. Planning Director Schroeder introduced the matter and presented a drawing of the proposed development. Mr. R. W. Siegfried, *345 Coronado Avenue, Stockton, stated he «•as a Ci•ril Eng -neer representing the applicant, Mrs. Esther Andersen. He requested the proposed re- zoning be approved, Speaking p?ositicn to t`^e proposal was Mr, Thomas A. Griffin, 73'_ `.Vest Ketileman Lane, Lodi, There being no other persons in the audience wishing to be heard on the matter, t' -e public portion of the hear - was cicsed, After Counc:i discussion, Councilman Schaffer moved the introduction of Ordinance No, 976 rezoning an aooroxim.ate 81-ac:e parcel on the east side of South Hut Zh.in S reit, brnxrded by Harney Lane on the south, east and vest approximately Z6410 feet ne=t _ tla,a ..enter_-ne Harney Lane on the north, an--; tie S•',_ :^.er Pacific Railroad right of way on the ea;t .o be in the P -D(10 , Planned Development District No, i0, with the conditions stated above, V:te ; :erten was sec-nded by Councilman Pinkerton a: d :carried by unanimous vote, REZONE TO No'i_e t::ereot havlr.i been pubiished in accordance R -LD NE i,w and affidavit cf publication. being on file in the COR. HAM rlhe G:.;y C=eek, Mayor Ehrhardt called for the & LOCUST _... _ .n= ,_. .".:; -t.a.. .nendation of the Planning CJ_ ur.is_,..:n to rez__ce ,-.nn rhe R -Z, Single -Family ORD. NO. 977 Rasi'ant:.: l D'_=tr,;_- t_ the R -LD, Low Density INTRODUCED .:iuit ple Family District a 119 -foot by :.0 S3 �� � 3'u x.30-__•,'. ?arcel_ i_e:atad at the northeast corner of C c k'4 Nor'._.:_ .-, i.2 .: and bates. Locust Street. (Parcel Z - and 5 of the Fairmont Park Subd:visz: ^ and a 60 -foot by 119 -foot strip of North Sun t Driv✓ r:, .nrly abandoned by the City Council. ) 5 Minutes of July 5, 1972, continued Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. Attorney Robert J. Metz, 121 West Pine Street, re- presenting the property owner, Mr. Louis Fugazi, spoke in favor of the proposed rezoning. Councilman Schaffer stated he wished to abstain from discussion and voting on the matter because of a pos- sible conflict of interest. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. After Council discussion, on motion of Councilman Pinkerton, Hughes second, the Council introduced Ordinance No. 977 rezoning a 119 -foot by 390. 36 -foot parcel located at the northeast corner of North Ham Lane and West Locust Street to be in the R -LD, Low - Density Multiple Family Residential District with Councilman_ Schaffer abstaining from the vote. RECESS At 9:00 p.m. Mayor Ehrhardt declared a five-minute recess and the Council reconvened at 9:07 p.m. USE PERMITS Mr. Thomas A. Griffin, 721 West Kettleman Lane, n C Lodi, told the Council he felt a time limit should be established on Use Permits. The Council requested this matter be referred to the Planning Commission for study and recommendation. PLANNING COMMISSION CC 3�C� The City Manager gave the following report of the Planning Commission meeting of June 26, 1972: PREZONE TO R -MD The Planning Commission recommended the approval PARCEL ON EAST of the request of E. E. Goehring by Mr. Bozant SIDE S. HUTCHINS Katzakian for the prezoning from I -PA, Interim= STREET Protected Agriculture District to R -MD, Residential - Medium Density Multiple Family District for an ap- proximate 235 -foot by 700 -foot parcel located on the east side of South Hutchins Street between approxi- mately 1830 feet and 2 115 feet south of the centerline of Kettleman Lane. On motion of Councilman Katnich, Schaffer second, the matter was set for public hearing on July 19, 1972. ACTIONS OF The Planning Commission also took the following INTEREST actions of interest to the City Council: Conti:ued until July 24, 1972, its consideration of a Specific Plan for the future development of Lower Sacramento Road between Kettleman Lane and Lodi :venue. Continued until Ja:.y 10, 1972, its consideration of the request of Westmont Development Company for a Use Parmit to amend Phase I of English Oaks Manor by reducing the rear yard wall height of all single family units from 8 feet to 7 feet. -5- Ic Minutes of July 5, 1972, •.cnti nued is -- 3. Recommended denial of the County referred re- !n_r_ora_ quest of Mr. George Ferrero fcr a Use Permit -4i e3 :E to establish a truck terminal on the east side of Cluff Road, from 520 -feet io 620 -feet north of Lockeford Street, east of Lodi in an area zoned I -PA, Interim-Pro-ected Agriculture. Mo_;-a__5ac._ ` -aor_ E z In making this recommendation, the Commission determined that -the Applir_ant.should be encouraged to initiate annexation proceedings so that the par - g.^. '.:.w �.;r :" cel in question can be developed in the City with g-i:e.:;; the available range of City services, 4. Recommended approval of the County referred request of Mr. James Goeh_ing for a Use Permit for a private school on the east side of the U.S. 50-99 Frontage Road from 650 feet to 1300 feet north of Clarksdalc Read, North of Lodi in an area zoned I -PA, Interim- Protected Agriculture. COMMUNICATIONS ABG_LIGENSE- Applications for alcoheiir_ beverage license were r.e-. ceived as follows: 1. Bertha and Lupe G. Perez, El Tropical, 12.1 -North. Sacramento Street, on -sale general publi•� - . premises, person-to-persontransfer. 2. Joe P. and Sharon M. Metcalf, T & E Market, 723 :North Loma Drive, off -sale beer and wine, person-to-person transfer, _ PINE ALLEY A letter was received from Mr. Randall M. Kent, THEATRE corresponding secretary fcr. t:-t� Pine Alley Theatre, _ thanking the City Council fcr granting additional -funds to the Pine Ailey Theatre ir_ the i972-73 budget.,. LEGISLATION - a letter was received from the City Council of the - CITY of City o: Westminiscer requesting the Cow-icil to adopt WESy;MINISTER resolutions urging the State Leg;.slature to adopt laws simplifying and modernizing the Judicial process. The Cuunc" toot. no ar_ti.cn on t o matter. TURNAGE City Manager Glares pre=_ented a letter received from MARKET the tenants of the Turnage iia-ket, Mr, and Mrs. Al Woehl. The letter stated they v,ished to terminate their rental of the City -owned building on September- 1,,, The Council requested the City staff to bring a: .ec^rr-nendation to the Council concerning the future pians for the Turnage-Marke-, REPORTS OF THE CITY tiv ANAGER CLAIMS Ciai ns in the amount c-` 5284, 127.50 were approved on motion of Councilman Ka.rr_ich, Hughes second, Claims in the amount of $557, 140, 31 were approved on motion of Councilman. Schaffer, Pins�rton second. -6- Minutes of July 5, 197?, ccn:i-^_ued BUDGET - 1972-73 COUNCIL -CLERK City Manager Glaves resumed review of the Operat- ing Budget for :972-73. Fe rev;ewed the Special Payments included in .He Ccun.i_-C.er'_k budget. CHAMBER Dr. Frank JcLFnscn, President of the Lodi District OF Chamber of Ccmme:cF, pr!Se: ted that organization's COMMERCE budget request. In adai::cn to the $8, 300 provided in the budget, Mr, Johnson requested $420 to be used for expansion of Crr'_stmas decorations to Lodi Avenue. The City Manager a15c reported the Chamber of Commerce Host Fund _v_ .ntertainment of dis- tin� visitors :"e Ci had been depleted in she arnount of $15.0i). On the motion of Councilman Hughes, Schaffer second, zh_e Co::rcii approved an al'eeation of $8, 720 plus $15 reimbursement to the :ravel fund in the 1972-73 budget For the Chamber of Corn-nerce. JAYCEES �Ar. Glenn Hinsz, President of the Lodi Junior Chamber of Commerce, presented that organization's budget request. He explained that the request was for $500; the same amount as granted by the City last year. He explained that the funds would be used for the purpose of advertising and promoting the City of Lodi. On motion of Councilman Katnich, Hughes second, the City Council approved allocation of $500 to the Lodi Junior Chamber of Commerce for community promotional activities. SANITARY City Manager Glaves stated that the City Council had LANDFILL received a letter from County Administrator L. J. Drake C� 2Z C'0) in which he discussed a jeznt meeting involving the cities and the County which -,-,-as held Friday, June 30, 1972. The meeting was for the purpose of discussing refuse disposal within San Jcaeuin County, The Council then discussed t^.e City's joint operation of the Sanitary Landfi!l ; :.th. *be County of San Joaquin and expraSsed concern that p:coress had not been made to resolve the problems cl i.s eperatioz. ADOPT After further discussion, Councilman Katrich moved OPERATING introduction of Ordinance No. 978 adopting the BUDGET Or,, in o Budget For s9 ? -73 as recommended by a ORD. NO. 978 t; - _it Manager aster deleting the rental of a INTRODUCED compactor ($26,400; from :he Public Works Depart - .'a1 The rnc._„_. ;as seconded by Ceuncil- c rnau 7-7,_g' -es and carried 4y u.r_animeus vote, LIBRARY The City Manager pres=.^.ted a contract with the State PROCESSING Department of Education, Division of Libraries, for SERVICE processing cf gooks `or `_h�L City`s Library, On motion of Councilman Ka_^rich, Mayor Ehrhardt RES. NO. 3648 second, the Council unanimously adopted Resolution CC -71 No. 3648 auL."... r±Zirg the execution of the contract. ni Minutes of July 5, 1972, continued AMBULANCE At the Council meeting of June 21, 1972, action on SERVICE the request of the Lodi Ambulance Service for a RATE INCREASE rate increase was deferred and the Council requested APPROVED it be furnished with a sta-.ement of operating costs RES. NO. 3650 for the Ambulance Servir e prior to this meeting. z C S -�b LG� An income statement fc- December 1, 1971, to CC 3(> p May 31, 1972, was furnished to the Council for its review prior to this meetzng. Mr. Dennis Cerruti, cc-cwner of the Lodi Ambulance Service, 340-B South Fairmont Avenue, answered questions of the Council . ncerning the request. On motion of Councilman Ka ni;_h, Pinkerton second, the City Council unanimously a.pprcved the rate schedule as proposed by the Lodi Ambulance Service. WITHDRA41% City Manager Glaves reported that annexation of the HIXSON ADDN. Hixson Addition from the Wcodbridge Rural County FROM WRCFPD Fire Protection District had been completed and the Addition should now be withdrawn from the Woodbridge RES. NO. 3649 Rural County Fire Protection District. Councilman C C g -�' Cam Schaffer then moved the adoption of Resolution C_ o No. 3649 withdrawing the Addition from the Woodbridge Rural County Fire Protection District. The motion was seconded by Councilman Katnich and carried by unanimous vote. WITHDRAW" Mr. Glaves stated that annexation of the Towne Ad- TOWNE ADDN. dition was also complete and the Addition should now FROM WRCFPD be withdrawn from the Wocdbridge Rural County Fire Protection District, Councilman Katnich moved RES. NO. 3650 adoption of Resolution No. 3650 withdrawing the Ad- z C S -�b LG� dition from the Woodbridge Rural County Fire Pro - CC 3(> p tection District. The motion was seconded by Councilman Hughes and carried by unanimous vote. WITHDRAW The City Manager stated that annexation of the Almond ALMOND DR. Drive Addition was complete and should also be with- ADDN FROM drawn from the Woodbridge Rural County Fire Pro- WRCFPD tection District. Cocnti,rran Pinkerton moved adoption of Resolution Nrc. 3,7 ,1 withdrawing the RES. NO. 3651 Addition from the Wocdbridge Rural County Fire �C 5 -t,L-1)Protection District. The :notion was seconded by e c 3 e Councilman Schaffer and :,a. ried by unanimous vote. PLANS & SPECS - On motion of Councilman Katnich. Schaffer seccrd, TENNIS COURTS the Council approved plans and specifications for RESURFACING the American Legicn Park 'ennis courts resurfacing C,C_k=Ii La"� and authorized advertising fcr bids thereon. ACCEPT City Manager Glaves re,=ommended that the City PARCEL "A" Council take action to a•_cr.nt Parcel "A" of the WESTLAKE # 1 Westlake Unit No. 1 S-_�bd:•::sion. He explained that the parcel was offered for dedication on the RES. NO. 3652 original subdivision map and the City had now re - CC 4(0 ceived notice that agreement had been reached en �r 3V0 the dedication and it shculd therefore be accepted as offered. -8- Minutes of July 5, 1972, continued On motion of Councilman Katnich, Hughes second, the City Council adopted Resolution No. 3652 accepting the dedication of Parcel "A" of the — Westlake Unit No. 1 Subdivision as a portion of public street. ERICH MANOR All requirements of the City having been met, FINAL MAP the final map of Erich Manor, Tract No. 962, was CC q0 presented for Council approval. On motion of Councilman Schaffer, Katnich second, the Council approved the final map, improvement plans, im- provement security, subdivision agreement and electrical utility agreement and authorized the City Manager to execute the agreements on behalf of the city. COUNTY- Under discussion of the Sanitary Landfill, the Council SANITARY directed the City Manager to request that discussion LANDFILL of the operation of the Sanitary Landfill by the Lodi CC. aa, Lh1 City Council be placed on the San Joaquin County Board of Supervisors` Agenda as soon as possible. The Council agreed that Councilman Hughes would act as spokesman for the Council at the meeting. GRAPE FESTIVAL On motion of Councilman Pinkerton, Schaffer second, LEASE APPROVED the Council approved the lease agreement between 00), the Lodi Grape Festival and National Wine Show (San Joaquin County) and the City of Lodi for the Grape Festival buildings and grounds and the golf driving range as presented by the City Attorney, and authorized the Mayor to execute the agreements on behalf of the City. ADJOURNMENT There being no further business, the meeting was adjourned on motion of Councilman Pinkerton, Schaffer second, at 11;05 p.m. -9- Attest;7�.ty`Clerk IE L. BFJ NETT R