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HomeMy WebLinkAboutMinutes - September 6, 197243 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS SEPTEMBER 6, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 P. M. on Wednesday, September 6, 1972, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER, EHRHARDT (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, City Attorney Mullen, Assistant City Manager Peterson, Public Works Director Jones and Planning Director Schroeder. INVOCATION The invocation was given by Mayor Ehrhardt. PLEDGE Mayor Ehrhardt led the Pledge of Allegiance to the flag. MINUTES The Minutes of August 2, 1972, were approved as written and mailed on motion of Councilman Schaffer, Katnich second. On motion of Councilman Schaffer, Katnich second, the Minutes of August 16, 1972, were approved as written and mailed. PUBLIC HEARINGS RECOMMENDATION Notice thereof having been published in accordance OF PLANNING with law, Mayor Ehrhardt called for the public COMMISSION TO hearing on the recommendation of the Planning ADOPT SPECIFIC Commission to adopt a Specific Plan for the future PLAN, E. VINE ST development of East Vine Street between Garfield Street and Cherokee Lane. Public Works Director RES. NO. 3668 Jones reviewed the proposal as recommended. The following persons were present and spoke on this matter: Mr. Marvin Hanson, 840 South Garfield Street. Mr. Hanson said he was in opposition to the plan because he feared it would reduce the value of his property. Miss Esther Cone, 901 South Cherokee Lane. Miss Cone was in opposition because she was of the opinion the plan would have an adverse effect on her property. Mr. Jacob Bietz, '926 South Central Avenue. Mr. Bietz said he owned property at the corner of South Garfield Street and East Vine Street and - 1- 44 Minutes of September 6, 1972, continued that the proposed plan would bring the street too close to the structures on his property, ,1Mxs_-,JerXy--Q.ox, 323 .East'Vine Street, Mrs. Cox said.. he_ was apposed to the plan because of possible damage to her property and the increased traffic any improvements would bring. City Manager 9.1a said that while there was . no guarantee on when these improvements would be made, he said in all probability it would be quite sometime in the future. y _ There being no other persons wishing to speak on the matter, the public portion of the hearing u�a.s closed. y. Councilman Hughes cited the value of specific plans in attempting to forecast growth patterns in the City, He moved the adoption of Resolution �Io. 3668 adopting a Specific Plan for East Vine Street between Garfield Street and Cherokee Lane. The motion was seconded by Councilman Schaffer and carried by a unanimous vote. PRESENTATIONS .,j , ..LIBRARY BOARD,.,.. _ _ = ; was made by Lewis P. Singer;:.,,: RECOMMENDATLON;. _ -;; ;{�resiiigut:gf_the. library Board, concerning a ON NEW LIBRARY recorriu3gnded.site::-for a new library building. SITE He said the Board has been studying sites for the pastJgear._and has selected as the best site the old eter's Lutheran School at the corner of Nor_�h �,hurcn Street and West Locust Street. He said the purpose of the presentation was to get the City Council's reaction tothe, proposal. He said the 10 -cent tax for library building purposes has now acc�aui.ated_:approximately $204, QOP. :.r. -7 -tc �:..rlfte.r,so?ne discussion on the merits of the site, Gi.ty Attorney-. Mullen suggested that the; Board; ,rtak'e.the matter to the Planning Commission for.: ;that:bo4y'p review. The City Council indicated _;,.,approQ'dl of the plan in concept and requested _0,14,the Board make a similar presentation to the Planning Commission. LODI HOUSE-- Law,rence. Dxivon, 404 West Pine Street, a repre- REQUEST FOR . sen.ta4 of Lodi House, a counseling center, FINANCIAL AID _ ,; ,_.,addressed the -.City Council and explained the pur- pose of the,organization. He said he felt Lodi House was a very worthwhile effort and was de- servir}g.of ;support at least partially by tax monies.....He said the program would go out of existence in November if no financial aid was re- ;cei.,ced,. 14ayor Ehrhardt said he was concerned as to the control on money and suggested fund- raising.,pro,jects.- Councilman Pinkerton said he ,, #elt,xheFe was too much representation on the Lodi House. board. of directors by government people. He said there should be representation from the agri-business and industrial sectors, -2- 15 Minutes of September 6, 1972, continued Mr. Garland Wright, 2127 Tracy Place, said all service clubs in Lodi have been contacted and are in support of the program. He urged that the City Council give its support. Mrs. Jack Brooks, 9 North Rose Street, said she was very much in support of the program. Councilman Hughes questioned whether public funds should be put into such an effort. He urged a broad-based community support. Councilman Katnich said the City's support of Lodi House was a chance to develop a locally -administered program. Mayor Ehrhardt moved that Lodi House be granted the sum of $3, 121 (one-half the amount requested by Lodi House) to finance a six-month period, The motion died for lack of a second. Councilman Katnich then moved that Lodi House be granted $6,241, the amount requested, to assist in financing the program for one year. The motion was seconded by Mayor Ehrhardt, but failed on the following roll call vote: Ayes: Councilmen Katnich and Ehrhardt Noes: Councilmen Hughes, Pinkerton and Schaffer BOY SCOUT Recreation and Parks Director Ed De Benedetti DEVELOPMENT AT presented preliminary plans for the development LODI LAKE PARK of an area on the north side of Lodi Lake Park for use by the Boy Scouts and other groups. The plan ` v ``} was prepared by 'Tom Hoegerman, a Boy Scout. Mr. De Benedetti said the area would be available for overnight camping, nature studies and the like. After some discussion, it was moved by Councilman Hughes, Pinkerton second, that the City Council approve in concept the plans as presented. The motion carried by a unanimous vote. City Manager Glaves said there would be some City expenditure involved, but there were certain improvements on the site that the City should make anyway, The Council thanked Tom Hoegerman for his plan. PLANNING COMMISSION The City Manager gave the following report of the City Planning Commission meeting of August 28, 1972: TIME LIMIT The Planning Commission recommended that ON USE PERMITS certain amendments be made to the Municipal Code as follows: (a) Approved Use Permits shall be issued for a period of eighteen (18) months unless a Building Permit has been obtained or the Planning Commission'and/or City Council has granted an extension of the time period or an exception to it. -3- Minutes of September 6, 1972, continued (b) In the case of multi -phased uses, such as churches and hospitals, the Use Permit shall be considered in full force and effect if the first phase of development began before the expiration of eighteen (18) months and future phases will be completed in a reasonable length of time. On motion of Councilman Schaffer, Pinkerton second, the matter was set for public hearing on September 20, 1972. ACTIONS The Planning Commission also took the following OF INTEREST action of interest to the City Council: 1. Approved until August 31, 1975, the request of Westmont Development for a Use Permit for a temporary sales complex in connection with sales of homes in a new subdivision on the south side of Century Boulevard between Scarborough Drive and Dartmoor Circle (i. e. , Lts 110, 111, 112, 113, and 114 of English Oaks Manor) in an area zones P -D(4), Planned Development District No. 4. Approved the request of Mr. John C. Randolph for a Variance to reduce the required side yard from 5 feet to 3 feet to permit the attachment of a roof between an existing dwelling and exist- ing accessory building at 15 South Orange Avenue in an area zoned R- 1, Single -Family Residential. 3. Approved in a modified form the request of Mr. Chester Evans for Variances to increase the allowable sign area from 20 -square feet to 205 -square feet and the allowable sign height from 20 feet to 45 feet at the Kozy-U Motel, 520 Maple Street in an area zoned for multiple -family residential purposes. After reviewing Mr. Evans' requests, the Planning Commission took the following actions: (a) Approved the relocation of an off -premise pole sign located at the southwest corner of South Cherokee Lane and Maple Street on property belonging to the Rancho Grande Motel to 520 Maple Street with the following conditions: (1) That a neon pole sign existing at 520 Maple Street be removed; and (2) That the flashing arrow located on top of the sign proposed for relocation be removed; and (b) Approved a Variance to increase the sign height limit at 520 Maple Street from 20 feet to 35 feet to accommodate the sign approved for relocation. -4- 47 = Minutes of September 6, 1972, continued 4. Denied the request of Mr. Chester Evans for a Use Permit to install a flashing sign at 520 Maple Street in an area zoned for multiple - family residential purposes because it felt a flashing sign in that location would 'Mend to cause a traffic hazard. " 5. Approved the request of Mr. H. V. Dougherty for a Variance to increase the maximum fence height in a required street side yard from 42 inches to 72 inches at 1400 South Church Stree' in an area zoned R-2, Single -Family Residenti 6. Approved the request of the Emanuel Americar Lutheran Church for a Variance to increase th, maximum area of church identification signs from 20 -square feet to 32 -square feet at 1540 West Lodi Avenue in an area zoned R- 1, Single Family Residential. COMMUNICATIONS E. WISNER & The Deputy City Clerk presented a request from A. WISNER -- Mr. and Mrs. E. Wisner and Mr. and Mrs. A. REQUESTS WATER Wisner, 16100 Willow Avenue and 1231 East Cochran Road, requesting permission for, tem- porary connection to the City's water system. In accordance with the City ordinance, the charge for the service outside the City limits would be one and one-half times the City's water rates. HALL LANE & Councilman Schaffer moved, Katnich second, .that LOCKEFORD STREET the request be approved subject to ( 1) execution of STUDY the City's standard agreement, and (Z) approval of 4 ti that agreement by the City Attorney, and (3} said agreement to be recorded with the County Recorder The motion carried by a unanimous vote. They wez informed that no improvements would be paid for by the City. LETTER OF A letter of appreciation from Lodi Ecology Action APPRECIATION -- for City Council cooperation was read by the Deput; LODI ECOLOGY City Clerk. The letter also announced September 2 ACTION 1972, as the date of the move by Lodi Ecology Actic to the City Quonset Hut on North Stockton Street. ABC LICENSE Notices of Application for Alcoholic Beverage ��. Licenses were received as follows: I. Jack Morgan, Mr. Jay J's, 105 W. Pine St. , on -sale general public premises, person-to- person transfer. Z. Alton P. Brinlee and Juanice L. Brinlee, Stan's Market, 214 N. Cherokee Lane, off -sal general, person-to-person transfer. HALL LANE & A letter was read from Mrs. Jean Acree and Mrs. LOCKEFORD STREET Sallie Hausler calling for a traffic study of the STUDY intersection of Ham Lane and Lockeford Street. 4 ti They expressed concern for the safety of elementar -5- Minutes of September 6, 1972, continued school children using that intersection as a school route. Mayor Ehrhardt acknowledged the letter and referred it to staff. JUNIOR A letter was read from Dr. Robert Breckenridge ACHIEVEMENT requesting that space in the basement of City Hall REQUEST FOR SPACE be allocated for use by Junior Achievement until CC �0 that organization is able to locate in more permanent ELECTRIC quarters. It was moved by Councilman Hughes, TRANSMISSION Schaffer second, that the Junior Achievement or- TOWERS ganization be granted the use of the east portion of GOEHRING the City Hall Basement for the current program ADDITION -- year subject to the following conditions: ANNEXATION I. That the rent be $30 per month. Z. That they pay a pro -rata share of the utilities. RES. NO. 3669 The motion was passed by a unanimous vote. PG&E RATE A letter was read from Pacific Gas & Electric Com - INCREASE pany advising the City of a proposed rate increase C r effective October 1, 1972, and January 1, 1973. The notice was given in accordance with Rule 24 of the revised Rules of Practice and Procedure of the California Public Utilities Commission. CITY OF A letter was read from the City of Torrance pro- TORRANCE-- testing the erection of high voltage transmission towers in that city by the Southern California ERECTION OF Edison Company. The City Council's support was ELECTRIC requested when the matter is brought before the TRANSMISSION general assembly at the annual conference of the TOWERS League of California Cities. GOEHRING A petition was received from all of the owners of the ADDITION -- land proposed to be annexed to the City of Lodi as the ANNEXATION "Goehring Addition. " Said annexation was approved by the Local Agency Formation Commission of San RES. NO. 3669 Joaquin County on July 21, 1972. The Local Agency Q_ Formation Commission also granted the City power vry to waive notice and hearing on the proposed annex- ation pursuant to the provisions of Section 54797, i of the Government Code. On motion of Councilman Katnich, Pinkerton second, the City Council adopted Resolution No. 3669 annexing the Goehring Addition to the City of Lodi. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $469, 496. 89 were approved - - 2.iCC�) on motion of Councilman Katnich, Pinkerton second. FUGAZI VARIANCE -- Mr. Glen Baumbach, 221 West Oak Street, repre- UTILITY LOCATION senting developers of the Fugazi property on West Locust Street, just east of Ham Lane, requested - that the developers be permitted to connect to utility lines on the rear of the property instead of the street which is current City policy. Councilman Schaffer announced he would abstain from the dis- cussion and voting because of a possible conflict of interest. Public Works Director Jones said he would like an opportunity to review the request, On motion of Councilman Katnich, Hughes second, the City Council referred the matter to staff for study. -6- 49 = Minutes of September 6, 1972, continued AGREEMENT WITH City Manager Glaves presented for City Council SAN JOAQUIN COUNTY approval the annual agreement with the San Joaquir SAFETY COUNCIL County Safety Council. The City's contribution for fiscal year 1972-73 is $ 1, 610. On motion of Count RES. NO. 3670 man Katnich, Schaffer second, the City Council adopted Resolution No. 3670 authorizing the City Manager to sign the agreement. - ACCEPTANCE OF The City Council, on motion of Councilman Schaffe A-2 BASIN FENCING Hughes second, accepted the'A-Z Retention Basin Fencing as complete and authorized the Public Wox Director to file the Notice of Completion on the project. AWARD - The City Manager presented bids received for SUBDIVISION PAVING Subdivision Paving - 1972 as follows: 1972' Claude C. Wood Company -$23,808 RES. NO. 3671 Teichert Construction $26,319 The City Manager recommended the award be mads to the low bidder, Claude C.., -Wood Company. On motion of Councilman Schaffer, Pinkerton. second, the Council adopted Resolution No. 3671 awarding the contract for Subdivision Paving - 1972 to Claud C. Wood .Company for a total amount.of $23, 808. AWARD - The City Manager presented bids received for the RECONSTRUCTION reconstruction of West Vine Street west of Ham OF VINE STREET Lane as follows: RES. NO. 3672 Claude C. Wood Company $27, 355 Teichert Construction $31,772 The City Manager recommended the award be made to the low bidder, Claude C. Wood Company. On motion of Councilman Pinkerton, Schaffer second, the Council adopted Resolution No. 3672 awarding the contract for the reconstruction of West Vine Street west of Ham Lane to Claude'C. Wood Com- pany for a total amount of $27, 355. MEMO OF On motion of Councilman Katnich, Schaf" second, UNDERSTANDING - the Council approved the terms and cont' the Memorandum of Understanding between the Cit} I. B. E. W. of Lodi and the International Brotherhood of Electrical Workers, Local 1245. ONE-HOUR City Manager Glaves reported that a request had PARKING -- been received from the Lodi Unified School Distric! HUTCHINS STREET to reduce the restricted parking on West Hutchins Street across the street from Tokay High School from two hours to one hour. The City Manager sai restricted parking in this area is very difficult to enforce. He said the parking in this area is de- signed for visitors to the campus. Mayor Ehrhardt said the school should provide visitor parking. -7- � 5Q Minutes of September 6, 1972, continued Councilman Hughes suggested the matter be dis- cussed with school officials before action is taken. He moved the matter be deferred until such dis- cussions could be held. The motion was seconded by Councilman Katnich and carried unanimously. BUS ZONE - The City Manager reported that a request had ROSE STREET been received from the Lodi Unified School Dis- trict to establish a bus zone on the east side of RES. NO. 3673 Rose Street from 38 feet south of the centerline of Walnut Street to 86 feet south of that center- line between the hours of 8:00 A.M. and 4:00 P.M. on school days only. He said the zone would be used by school buses transporting students to and from Lodi High School to the auto shop and agri- cultural buildings at rokay High School. He added that traffic congestion and noise would also be re- duced. On motion of Councilman Schaffer-, Pinkerton second, the Council adopted Resolution No. 3673 establishing a bus zone in the area described herein. AGREEMENT WITH The City Manager presented an agreement with the STATE - UTILITY State of California for the installation of protection LINE of the City's industrial waste line at the Kettleman Lane grade separation. On motion of Councilman RES. NO. 3674 Schaffer, Katnich second, the Council adopted Resolution No. 3674 authorizing the City Manager to execute the agreement. DRUG ABUSE The City Council introduced Ordinance No. 982 ORDINANCE declaring the Council Is intention that judges of the Superior Court of San Joaquin County impose ORD. NO. 982 the maximum sentence permitted by law upon INTRODUCED persons convicted of offenses within the City of Lodi involving marijuana, narcotics or restricted drugs on motion of Councilman Hughes, Pinkerton second. Councilman Katnich requested the record show he abstained from voting. DRUG ABUSE The City Council introduced Ordinance No. 983 ORDINANCE declaring the Council's intention that the District Attorney of San Joaquin County prosecute to the ORD. NO. 983 fullest extent of the law all persons charged with - INTRODUCED in the City of Lodi of violating those provisions of the State Health and Safety Code dealing with marijuana, narcotics or restricted drugs on motion of Councilman Pinkerton, Schaffer second. Councilman Katnich requested the record show he abstained from voting. Councilman Pinkerton requested that copies of Ordinance No. 982 and Ordinance No. 983 be sent to every city in the State of California. -8- �51 ORDINANCES UTILIry OUTLAY Minutes of September 6, 1972, continued NO PARKING City Manager Glaves reported that traffic congestion ZONE - at the intersection of Stockton and Vine Streets E. VINE STREET necessitated parking restrictions. He said the Public Works Director recommended no parking RES. NO. 3675 on Vine Street from 95 feet east of the centerline ADOPTED of Stockton Street on the north side of Vine Street and 140 feet east of the centerline of Stockton Street on the south side of Vine Street. The no parking zones in these locations would ease turn- ing movements there. On motion of Councilman Schaffer, Hughes second, the Council adopted Resolution No. 3675 establishing no parking zones as described herein. PLANS & SPECS - On motion of Councilman Katnich, Schaffer second, SCUM REMOVAL the Council approved plans and specifications for FACILITIES scum removal facilities to be installed at the White Slough Water Pollution Control Plant and authorized advertising for bids thereon. ACCESS PERMIT - Planning Director Schroeder reviewed the request STOCKTON AUTO of Stockton Auto Glass for access rights to Cherokee GLASS Lane in conjunction with the issuance of a build- ing permit. In answer to a question, the City Manager explained that the City Council had pre- viously instructed the staff to require that develop- ment along Cherokee Lane conform to the plan pre- pared for Cherokee Lane. Councilman Hughes said the City Council should adopt a specific plan for Cherokee Lane so all parties would know for certain the future of the street. On motion of Councilman Schaffer, Katnich second, the Council approved the granting of access to Cherokee Lane to Stockton Auto Glass in exchange for that firm's conformance to the Cherokee Lane beautification plan. The Council stated its desire to review the plans of Stockton Auto Glass when they are ready. SALUTE TO The City Council extended its congratulations to COUNCILMAN & Councilman and Mrs. Hughes on the birth of their MRS. HUGHES - son, James Alan, on August 24, 1972. BIRTH OF SON ORDINANCES UTILIry OUTLAY Ordinance No. 981, entitled "ADOPTING A UTILITY S: CAPITAL OUTLAY AND CAPITAL IMPROVEMENT BUDGET IMPROVEMENT FOR THE CITY OF LODI FOR THE FISCAL YEAR BUDGET BEGINNING JULY 1, 1972, AND ENDING JUNE 30, 1973, " having been introduced at a regular meeting ORD. NO. 981 on August 16, 1972, was brought up for passage on ADOPTED motion of Councilman Schaffer, 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; -9- 52 ADJOURNMENT Minutes of September 6, 1972, continued Ayes: Councilmen - Hughes, Katnich, Pinkerton, Schaffer and Ehrhardt Noes; Councilmen - None Absent: Councilmen - None There being no further business, on motion of Councilman Schaffer, Katnich second, the meet- ing was adjourned at 12:05 A. M. to 7;00 A. M., Wednesday, September 13, 1972. _10- Attest; THOMAS A. PETERSON Deputy City Clerk