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HomeMy WebLinkAboutMinutes - September 20, 1972E�s CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS SEPTEMBER 20, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 P. M. on Wednesday, September 20, 1972, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER and EHRHARDT (Mayor) Absent: Councilmen - None Also present: 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 TIME LIMIT Notice thereof having been published in accordance with ON USE law and affidavit of publication being on file in the office PERMITS of the City Clerk, Mayor Ehrhardt called for the public hearing on the recommendation of the Planning Commis - ORD. NO. 984 sion to amend the Lodi City Code (Zoning Ordinance), INTRODUCED Section 27- 15(c) 1, to provide for time limits on Use Permits. Planning Director Schroeder introduced the matter and discussed the proposed amendment to the Zoning Ordinance. There being no persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Councilman Katnich, Schaffer second, the Council unanimously introduced Ordinance No. 984 amending Section 27- 15(c) of the Lodi City Code to add a new paragraph to read as follows: 2. Expiration. a. Use permits shall expire 18 months after their date of issuance unless a building permit has been obtained and work has commenced in good faith. In the case of multi -phased developments, such as churches and hospitals, the Use Per- mit 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. U6 Minutes of September 20, 1972, continued On use permits heretofore issued, the 18 -month period shall commence as of the effective date of this Ordinance. d, The Planning Commission and/or City Council may grant an extension beyond the 18 -month period if good cause far the extension is shown. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of September 11, 1972: LIBRARY SITE The Planning Commission determined that the request of the Lcdi Library Board of Trustees for approval of a new library site on the north side of West Locust Street between North Church Street and North Pleasant Street was in conformance to the Lodi General Plan and recommended that the City Council provide the necessary services to acquire the site on behalf of the Library Board of Trustees. DAY CARE The Planning Commission recommended that the follow - HOMES ing Uses be permitted in areas zoned R- 1, Single -Family Residential; R -Z, Single -Family Residential and R -LD, Low Density Multiple -Family Residential District, subject to the approval of the Planning Department: a. 24 -Hour Foster Care Homes. A family home non - institutional in character, which provides 24-hour care, with or without compensation, for not more than six children under eighteen ,years of age, in- cluding children of the foster family under eighteen years. b. Family Care Homes - Children. Family homes non - institutional in character, which provide day care only, with or without compensation for: ( 1) Not more than five children, including the family -day care mother's own children, when the aye range is infancy through six. (2) Not more than six children, when the age range . is three through eighteen, including the family day care mother's own children. On motion of Councilman Schaffer, Hughes second, the above matter was set for public hearing on October 4, 1972. REQUEST OF The Planning Commission also recommended the approval CENTURY of the request of Century Arms, Inc. by Reverend Harold ARti1S, INC. Duncan of the First Assembly of God Church to increase the allowable residential density of Parcel G- 1 of English Oaks Manor (located between South Hutchins Street and Scarborough Drive south of Century Boulevard) from 12.8 units per acre to 15 units per acre. On motion of Councilman Schaffer, Katnich second, this matter was set for public hearing on October 4, 1972. -2- 57 Minutes of September 20, 1972, continued ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council; i. Determined that a Zoning Hardship did not exist and denied the request of I r. Don Webb for a Variance to increase the maximum permitted fence height from 42 inches to 72 inches to permit the erection of a 6 -foot fence on the street side yard property line at 1129 South Church Street in an area zoned R-2, Single Family Residential District. 2. Determined that a Zoning Hardship existed and ap- proved the request of Mr. Oscar Link for a Variance to reduce the required distance between a dwelling and an accessory building from 6 feet to 4 feet to permit an addition to the rear of the dwelling at 815 South Garfield Street in an area zoned R -MD, _Medium Density Multiple -Family Residential District. 3. Reappointment of Mr. Donald Kundert as a public member of the Site Plan and Architectural Review Committee for a two-year term ending June 30, 1974. LIBRARY Assistant City Manager Peterson reported the Planning SITE Commission had determined that the proposed site for the new library (West Locust Street - Church Street to Pleasant Avenue) was in conformance with the Lodi General Plan and had recommended that the City Council provide the necessary services to acquire the site. He stated that the Library Board had then adopted a motion formally requesting the City Council to direct the City staff to act in behalf of the Library Board to secure an appraisal, authorize the allocation of $2, 000 from the Library Construction Fund to a Site Acquisition Account; and authorize the Finance Director to make payments from this account for expenses incurred by the City staff in behalf cf the Library Board. Mr. Lewis P. Singer, Jr. , President of the Library Board, and Mr. Leonard Lachendro, City Librarian, spoke in favor of the recommendation of the Library Board. On motion of Councilman Schaffer, Hughes second, the City Council accepted the recommendation of the Library Board as stated above and directed the staff to take the necessary steps to acquire the property. COMNIUNICA TIONS ABC LICENSE Applications for alcoholic beverage license were received as follows; Andrew R. and Ann Kunick, A & A Bottle Shop, 112 West Lod+- Avenue, on sale general, person- to-person transfer, 2. John B. Girard and William Von Flue, Pastime Club, 25 North Sacramento Street, on sale beer, person-to-person transfer. -3- Minutes of September 20, 1972, continued WEBB A :etre_ was read from Mr. Donald Webb, 1129 South APPEAL Church Street, appealing the Planning Commission's decision in denying his request for a Variance to in- crease the maximum permitted fence height from 42 inches to 72 inches to permit the erection of a 6 -foot fence on the street side yard at 1129 South Church Street. The matter was set for public hearing on October 4, 1972, on motion of Councilman Schaffer, Katnich second. CCSJAPA A letter was read from Mr. Peter D. Verdoorn, NAME CHANGE Executive Director of the Cities and County of San Joaquin Advisery Planning Association, stating that the Association was considering selecting a new name. The proposed new name was "San Joaquin Council of Governments, " The letter requested the City Council to express its views on this matter at a meeting to be held September 26, 1972. The Council discussed the proposed name change and, on motion of Councilman Katnich, Schaffer second, directed the City's repre- sentative to the meeting on September 26, 1972, to indicate the proposed new name meets with the Lodi City Council's approval. LEAGUE OF A notice was read of the Quarterly Dinner fleeting of CITIES - CVD the League of California Cities to be held in Tracy on Thursday, September 28, 1972. TEEN Reverend Ken Bowers, Public Relations Director for CHALLENGE Teen_ Challenge, addressed the Council concerning the Teen Challenge Outreach Center recently opened at 201 West Locust Street, Lodi. Reverend Bowers dis- cussed the history of the Teen Challenge program and invited the City Council and the community to visit their facilities en the northwest corner of Locust and Church Streets. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $319, 390. 74 were approved on motion of Councilman Schaffer, Pinkerton second. PLANS - Assistant City \,tanager Peterson presented revised ENGLISH OAKS plans for English Oaks Commons prepared by the Spink COMMONS Corporation of Sacramento. Public Works Director Jones reviewed the revised plans for the Council. Councilman Schaffer said he would be interested in hearing she developers comments on the plans and moved discussicn on the matter be continued to the meeting of October 4, 1972. The motion was seconded by Councilman Hughes and carried. PLANS - RIFLE Assistant City Manager Peterson called on Recreation RANGE and Parks Director Ed DeBenedetti to present for Council consideration the proposed plan for development of a rifle rank on the grounds of the Lodi Grape Festival, 59 Liinutes of September 20, 1972, continued 1,4r. DeBenedetti explained that the request for an indoor rifle range had come from the American Legion, who sponsor a rifle team. He said if the range were ap- proved, it would be developed with the understanding that it would also be open to the public on a regularly scheduled basis. The Council questioned if it would be possible for the American Legion to assume operation of the range. They also discussed insurance coverage for the operation, and the possibility that the rifle range might create noise that would cause a conflict with other uses at the Festival grounds. On motion of Councilman Katnich, Hughes second, the Council continued discussion of the matter to the meeting on October 4, 1972, and requested the staff and the City Attorney to review the proposal prior to that meeting. ESTAB. CROSS- On motion of Councilman Katnich, Schaffer second, the WALKS - MILLS & Council adopted Resolution No. 3676 establishing a YOSEMITE pedestrian crosswalk across Mills Avenue on the south side of Yosemite Drive and across Yosemite Drive on RES. NO. 3676 the west side of Mills Avenue. ESTAB. NO PKG On motion of Councilman Schaffer, Pinkerton second, E. SIDE MILLS the Council adopted Resolution No. 3677 establishing a "No Parking' zone on the east side of Mills Avenue RES. NO. 3677 from 89 feet north of the centerline of Colette Street to 109 feet north of said centerline. ESTAB. SCHOOL On motion of Councilman Katnich, Pinkerton second, CROSSWALK - the Council adopted Resolution No. 3678 establishing HOLLY DRIVE a midblock school crosswalk across Holly Drive be- tween Fairmont and Crescent Avenue. RES. NO. 3678 ABANDONING On motion of Councilman Katnich, Pinkerton second, CROSSWALKS the Council adopted Resolution No. 3679 amending Resolution No. 2173 and thereby abondoning cross - RES. NO. 3679 walks on Holly Drive east of Fairmont Avenue and on Holly Drive weet of Crescent Avenue in the vicinity of George Washington School. FIRE DEPT, Mr. Peterson presented to the Council a plan where - DUTY PLAN by off-duty personnel in the Fire Department would be called back to fill vacancies when there are three or more firefighters off as a result of vacations, holidays, sick leave and accumulated overtime. He said it would be necessary to do this approximately 106 shifts of the 365 shifts manned throughout the year. The off-duty men would be called in rotation and have the option of refusing the duty. They would be compensated at the straight -time rate of pay. He said this would add approximately $9, 000 to the Fire Department payroll for a twelve-month period, which Is considerably less than the cost of additional full- time personnel. He said the plan had the approval of Fire Department personnel. -5- !Minutes of September 20, 1972, continued Councilman Pinkerton_ questioned the legality of com- pensating at straight time rather than overtime. The City Attorney explained that a municipal government was no, governed by the same laws of employment as private industry. After some discussion, Councilman Schaffer moved approval of the above plan as stated by Mr. Peterson, and requested the City Attorney to determine its legality with respect to overtime. The motion was seconded by Councilman Katnich and carried unanimously. ACCEPT AMERICAN On motion of Councilman Schaffer, Hughes second, the LEGION PARK Council accepted the American Legion Park tennis courts TENNIS COURTS resurfacing as complete and authorized the Public Works RESURFACING Director to file the Notice of Completion on the project. BIDS REJECTED - Only one bid was received for the Scum Removal SCUM REMOVAL Facilities at White Slough Water Pollution Control Plant. FACILITIES The bid was from W. M. Lyles and Company in the amount of $1.1,217. The consulting engineer's estimate for this work was $9, 400. The Public Works Director had recommended the bid be rejected since it was in excess of 501a above the engineer's estimate. On motion of Councilman Katnich, Schaffer second, the Council rejected the bid and authorized readvertising for bids. CLASS SPECS - Mr. Peterson said the duties of Operations Supervisor EQUIP. & BLDG. had been revised and a new class of Equipment and MAINTENANCE Building Maintenance Supervisor was being proposed. SUPERVISOR He presented class specifications and salary range for the Council's approval. After some discussion, on motion of Councilman Schaffer, Hughes second, the Council continued discussion on the class specifications and salary range for the position of Equipment and Building Maintenance Supervisor to the meeting of October 4, 1972, and directed the staff to determine, and report to the Council, the salaries of comparable positions in the local labor market. ENDORSING On motion of Councilman Hughes, Schaffer second, the PROGRAM TO Council unanimously adopted Resolution No. 3680 COMBAT CRINGE stating the City's intent to endorse a program to combat organized and professional crime for which the City of RES. NO. 3680 Stockton has applied for Federal funds. SANITARY Assistant City Manager Peterson reported he had re - LANDFILL ceived a telephone call from the County Administrator to inform the City of the County Board of Supervisors' position regarding the City's latest proposal concerning the operation of the Harney Lane Sanitary Landfill. He said the message received from the County Administrator via s , that a review of the Sanitary City Disposal Company proposal should be made before any action is to be taken and that the efforts of the City -County Review Team be finalized. -6- Minutes of September 20, 1972, continued After some discussion, Councilman Hughes moved the City staff be directed to develop a plan whereby a fee system could be initiated at the Sanitary Landfill and to present this plan to the Council at its meeting on October'=!, 1972. The motion was seconded by Council- man Pinkerton and carried unanimously. Mr. Peterson said he would apprise the County of this action. ORDINANCES 61 DRUG ABUSE ORDINANCE NO. 982, entitled, "AN ORDINANCE ORDINANCE DECLARING THE INTENTION OF THE COUNCIL OF THE CITY OF LODI THAT THE JUDGES OF THE ORD. NO. 982 SUPERIOR COURT OF CALIFORNIA, COUNTY" OF ADOPTED SAN JOAQUIN, IMPOSE THE MAXIMUM SENTENCE PERMITTED BY LAW UPON THOSE PERSONS WHO, WITHIN THE CITY OF LODI, SELL, POSSESS FOR SALE, TRANSPORT, ADMINISTER, GIVE AWAY OR ATTEMPT TO SELL, TRANSPORT, ADMINISTER OR GIVE AWAY, MARIJUANA, NARCOTICS OR RESTRICTED DANGEROUS DRUGS, " having been introduced at a regular meeting or. September 6, 1972, was brought up for passage on motion of Councilman Pinkerton, 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, PINKERTON, SCHAFFER and EHRHARDT Noes: Councilmen - KATNICH Absent: Councilmen - None DRUG ABUSE ORDINANCE NO. 983, entitled, "AN ORDINANCE ORDINANCE DECLARING THE INTENTION OF THE COUNCIL OF THE CITY OF LODI THAT THE DISTRICT ATTORNEY ORD. NO. 983 OF THE COUNTY OF SAN JOAQUIN PROSECUTES TO ADOPTED THE FULLEST EXTENT OF THE LAW ALL PERSONS WHO WITHIN THE CITY OF LODI, SELL, POSSESS FOR SALE, TRANSPORT, ADMINISTER, GIVE AWAY OR ATTEMPT TO SELL, TRANSPORT, ADMINISTER OR GIVE AWAY, MARIJUANA, NARCOTICS OR RESTRICTED DANGEROUS DRUGS," having been in- troduced at a regular meeting on September 6, 1972, was brought up for passage on motion of Councilman Hughes, Pinkerton 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, PINKERTON, SCHAF FER and EHRHARDT Noes: Councilmen - KATNICH Absent: Councilmen - None -7- 62 Minutes of September 20, 1972, continued EXECUTIVE At approximately 10:55 P.M. the Council adjourned to SESSION Executive Session. The Council reconvened at 11:05 P.M. ADJOURNMENT There being no further business, the meeting was adjourned at 11;05 P.M. Attest: BE SIE L: BENNE-'l City Clerk -8-