Loading...
HomeMy WebLinkAboutMinutes - October 4, 197263 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS OCTOBER 4, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 P.M. on Wednesday, October 4, 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 N-lanager 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, Hughes second, the Minutes of September 6, 1972, were approved as written and mailed. On motion of Councilman Pinkerton, Katnich second, the Minutes of September 13, 1972, were approved as written and mailed. PROCLAMATION Mayor Ehrhardt proclaimed the month of October, 1972, as "United Crusade Month" in the City of Lodi and urged all citizens to join in support of the United Crusade campaign. He presented the proclamation to firs. Kathy McCarron who was in the audience. PUBLIC HEARINGS DAY CARE Notice thereof having been published in accordance HOMES with law and affidavit of publication being on file in the office of the City Clerk, Mayor Ehrhardt called ORD. NO. 985 for the public hearing on the recommendation of the INTRODUCED Planning Commission to approve the request of Mr. Cleveland Edwards on behalf of the San Joaquin County Department of Public Assistance to amend the Zoning Ordinance to permit Day Care and 24 -Hour Foster Care Homes in areas zoned R- 1, Single - Family Residential; R-2, Single -Family Residential and R -LD, Low Density Multiple -Family Residential, subject to the approval of the Planning Department. The proposed uses are defined as follows: 1. Family Care Homes - Children. Family homes, non -institutional in character, which provide day care only with or without compensation for: Not more than five children, including the family day care mother's own children, when the age range is infancy through six. -I- 64 Minutes of October 4, 1972, continued b. Not more than six children, when the age range is three through sixteen including the family day care mother's own children. 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 sixteen years of age, incl uding children of the foster family under sixteen years. Planning Director Schroeder introduced the matter and reviewed the recommendation of the Planning Commission. He said at present the Zoning Ordinance makes no refer- ence to the above defined uses except as they might be defined as a nursery school (for day care) or as_ a board- ing house (for foster home care). He said if the amend- ments are approved, the Staff would have direction from the City Council where none presently exists, and the Zoning Ordinance would then contain the same language as other state and local laws concerned with foster homes and day care facilities. The following persons spoke in favor of the proposed amendment to the Zoning Ordinance: 1. Mr. Bill Goodman representing Department of Public Assistance, Child Welfare Division, San Joaquin County. Mr. Roy Tanabe, Department of Public Assistance, San Joaquin County. Speaking in opposition to the proposal were the following persons: 1. Mrs. Teresa Harris, 309 West Chestnut Street. Mrs. Harris questioned the necessity of establish- ing the maximum number of children to be allowed in the home during the day. Mrs. Donna Lind, 518 West Turner Road. Mrs. Lind said she felt it should be left to the parents to determine who is capable of caring for their children. There being no others in the audience wishing to speak on the matter, the public portion of the hearing was closed. After some discussion, Councilman Schaffer moved introduction of Ordinance No. 985 amending the Zoning Ordinance to permit Day Care and 24 -Hour Foster Care Homes in areas zoned R- 1, Single - Family Residential; R-2, Single -Family Residential and R -LD, Low Density Multiple -Family Residential, subject to the approval of the Planning Department. -2- 65 Minutes of October 4, 1972, continued The motion was seconded by Councilman Katnich and carried by the following roll call vote: Ayes: Councilmen - Hughes, Katnich, Schaffer and Ehrhardt Noes: Councilmen - Pinkerton REQUEST OF Notice thereof having been published in accordance with CENTURY law and affidavit of publication being on file in the office ARMS, INC. of the City Clerk, Mayor Ehrhardt called for the public hearing on the recommendation of the Planning Com - ORD. NO. 986 mission to approve the request of Century Arms, Inc. INTRODUCED by Reverend Harold Duncan to increase the allowable residential density of Parcel G- I of English Oaks Manor from 12.8 to 15 units per acre. Planning Director Schroeder introduced the matter, and discussed the basis for the Planning Commission's recommendation. He said that an increase of ap- proximately 11 dwelling units on Parcel G- 1 would not affect the over-all density of the English Oaks develop- ment. There being no one in the audience wishing to speak on the matter, the public portion of the hearing was closed. After discussion, on motion of Councilman Schaffer, Katnich second, the Council introduced Ordinance No. 986 approving the request of Century Arms, Inc. to increase the allowable residential density of Parcel G- 1 of English Oaks Manor from 12. 8 to 15 units per acre. D. WEBB - Notice thereof having been published in accordance APPEAL with law and affidavit of publication being on file in DENIED the office of the City Clerk, Mayor Ehrhardt called for the public hearing on Mr. Donald Webb's appeal of the Planning Commission's denial of his request 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 at 1129 South Church Street. Planning Director Schroeder introduced the matter and presented a drawing of Mr. Webb's property. He said the Planning Commission had determined that a "Zoning Hardship" as defined in Section 27- 15(b) of the Lodi City Code did not exist and noted the following: 1. A 6 -foot fence located in the required street side yard area would create a hazard for pedestrians at the point where the fence would meet the -existing driveway. Z. A 6 -foot fence could be erected ten feet from the side street property line in a conforming location. -3- -%linuces of October 4, 1972, continued Tire appellant, Mr, Donald Webb, 1129 South Church Street, spoke i_ favor of his appeal. There being no other oersons in the audience wishing to speak either in favor of or in opposition to the appeal, the public portion of the hearing was closed. �'- -After some discussion, the Council unanimously denied the appeai on motion of Councilman Hughes, Pinkerton second. PLANNING COMMISSION The Cit;, Manager gave the following report of the Planning Commission meeting of September 25, 1972: ACTIONS OF 1. Denied the request of Angello-Vitiello, Associates INTEREST for the rezoning of the north side of East Elm Street between North Main Street and North Stockton Street (i, e. , former site Valley Lumber Company's yard) from the Irl- 1, Light Industrial District to the R -HD, High Density Multiple -Family Residen- tial District. 2. Recommended to the San Joaquin County Board of Zoning Adjustment the approval of the request of Happyholme Farms, Inc. by Mr. George Emde, Jr., for a Use Permit for a livestock feed mill addition and warehouse on the west side of Lower Sacramento Road, approximately 2000 feet south of Kettleman Lane in an area zoned I -PA, Interim -Protective Agricultural. COMMUNICATIONS ABC LICENSE Applications for alcoholic beverage license were re- ce_ved as follows: 1. william H. Farren, 212 West Kettleman Lane, on -sale beer, person - to- person transfer. 2. Sze-Tsun Liang and Chili Che Wu, Turnage Market, 201 West Pine Street, off -sale beer and wine, new License. 3. Antorino Sirchia, Peirano's :Market, 117-21 East Pine Street, off -sale beer and wine, person-to- person transfer. PUBLIC HEAR1.`7G - Ti,, C;' Cie,', read a nJLi_e of public .nearing on WATER WELLS Construction, maintenance, abandonment and destruc- tion standards for water wells and cathodic protection wells in San Joaquin County. The California Regional Water Quality Control Board, Central Valley Region, will. hold the hearing on October 27, 1972, in the Stockton City Council Chambers. The Council in- structed the staff to have a representative present at the meeting. -4- BT `A_nutes of October 4, 1972, continued JUNIOR P_ letter was received from Dr. C. Robert Breckenridge, ACHIEVEMENT President of the Junior Achievement of Lodi, Inc., requesting permission for the Junior Achievement to use the Maple Square Fire House located at the south- east corner of Lodi Avenue and South Sacramento Street. On motion of Councilman Hughes, Pinkerton second, the Council approved the request on a month-to- month basis; Junior Achievement to pay $30 per month rental, plus utilities. APPRECIATION A letter was received from Mr. Gary Cadish, Director of Marketing, Jerry Warner & Associates, 8615 Santa Monica Boulevard, Los Angeles. The letter expressed appreciation to the Tokay Players and the citizens of Lodi for courtesies extended during the filming of a training film at the A & W in September. CITY OF A letter was received from Mayor James W. Calvin, ANTIOCH - City of Antioch, requesting the Council to adopt a RE BRIDGE resolution requesting the Federal Highway Administra- tion to include the construction of new Antioch Bridge under the Bridge Replacement Program of the Federal Highway Act of 1970. No action was taken at this time. APA A letter was received from Mr. Peter D. Verdoorn, COMMITTEE Executive Director of the Cities and County of San APPOINTMENTS Joaquin Advisory Planning Association. The letter stated that the Advisory Planning Association had approved a proposal to maintain the Environmental Quality Study Citizens Committee as a permanent part of the Association's organizational structure and re- quested the Council to reappoint its representatives to the committee. Mayor Ehrhardt recommended that Mrs. Esther Lund, Mr. Jack Fiori, Mr. Robert W. Schulenberg and Mr. Thomas Griffin be reappointed to the com- mittee. On motion of Councilman Schaffer, Pinkerton second, the Cour.cii concurred in the above appointments. OUTSIDE The City Clerk presented requests received from WATER Mr. William S. Kagawa, who owns property at 16006 REQUESTS Forth Willow Avenue, and Mr. Tadashi Wada, who APPROVED owns property at 5952 East Pine Street, requesting permission for temporary connection to the City's wat.r 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. Councilman. Schaffer moved the requests be approved subject to (1) execution. ;;f the City's standard agree- ment, (2) approval of that agreement by the City Attorney, and (3) said agreement to be recorded with the County Recorder. The motion was seconded by Councilman Katnich and carried. COMPLAINT - Councilman Katnich commented on a letter recently received by the Council from a citizen who was con- cerned because his son had received a traffic citation for jaywalking at the intersection of Pacific Avenue and Elm Street. M M_ nutes of October 4, 1972, continued REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $544, 632. 32 were approved on motion of Councilman Schaffer, Pinkerton second. PLANS - The revised plans for English Oaks Commons prepared ENGLISH OAKS by the Spink Corporation were presented for review at COMMONS the Council meeting of September 20, 1972. At that APPROVED time the discussion of the plans was continued to this meeting. The City Manager requested Public Works Director Jones to review the plans. Mr. Jones pre- sented the plans and explained the changes requested by the developer, Mr. Victor Meyer. Mr. Victor Meyer, 221 W. Oak Street, who was in the audience, said he was concerned about the possible noise which might be created by spectators at the pro- posed baseball diamond. The Council discussed the proposed diamond and agreed that only a backstop would be erected to designate the diamond since they wished this portion of the park to remain an open area for other activities. Mr. Meyer agreed with this concept. On motion of Councilman Katnich, Hughes second, the Council then approved the plans as pre- sented. RECESS At approximately 10:00 P.M. the Mayor declared a five-minute recess. The Council reconvened at 10:06 P.M. PLANS - City Manager Glaves said that proposed plans for the RIFFLE rifle range were not ready for final approval. This RANGE matter was discussed at the meeting of September 20, 1972, and was at that time continued for further dis- cussion. The City Manager said the American Legion had expressed interest in a rifle range being established in the City that would be available for their program but did not expect it to be for their exclusive use. He said the range would be available for use by the public if it is constructed. He recommended the details concerning operation of the range be worked out prior to Council action on the matter. The Council continued discussion of the matter to the next regular meeting, on motion of Councilman Schaffer, Katnich second. CLASS SPECS - On motion of Councilman Pinkerton, Katnich second, the EQUIP. & BLDG. Council adopted Resolution No. 3681 approving class MAINT. SUPVR. specifications and salary range for the position of RES. NO. 3681 Equipment and Building Maintenance Supervisor as recommended by the City Manager. CLASS SPECS - On motion of Councilman Katnich, Schaffer second, the ELECTRICIAN Council adopted Resolution No. 3682 approving class specifications and salary range for the position of RES. NO. 3682 Electrician. NAGE SCALE.- Councilman Katnich moved adoption of Resolution BUILDING AND No. 3683 adopting prevailing wage rates per diem CONSTRUCTION wages as provided by Section 1770 of the State Labor Code. The motion was seconded by Councilman RES. NO. 3683 Schaffer and carried by unanimous vote. -6- M Minutes of October 4, 1972, continued WITHDRAW The City Manager stated that annexatior- of the GOEHRING Goehring Addition had been completed and the Ad- ADDN FROM dition should now be withdrawn from the Woodbridge WRCFPD Rural County Fire Protection District. Councilman Schaffer moved the adoption of Resolution No. 3684 RES. NO. 3684 withdrawing the Addition from the Woodbridge Rural County Fire Protection District, The motion was seconded by Councilman Katnich and carried by unanimous vote. SANITARY LANDFILL- City Jianager presented a report prepared by the FEES ESTABLISHED Public Works Director concerning a vehicle count conducted at the Harney Lane Sanitary Landfill. He ORD. NO. 987 said the report indicated an average of 500 private INTRODUCED vehicles per day using the landfill. If a charge of $1.00 per car was levied, the income would be $500 per day or approximately $182, 500 per year.- The report suggested there would probably be a drop off in vehicles going to the landfill if a fee is established, but even with a third drop off the revenue would still exceed $120, 000. City Mar -ager Glaves recommend ed the $1. 00 per car fee be established and the charge for commercial hauling be changed to $1. 00 for the first two cubic yards of contents. City Attorney Mullen told the Council he had advised the San Joaquin County Counsel's office that the City Council was contemplating taking this action. City Manager Glaves discussed a proposal received from Easley & Brassy Corporation, a firm in San Francisco who is interested in operating the sanitary landfill in conjunction with the Sanitary City Disposal Company. After some discussion, Councilman Katnich moved the introduction of Ordinance No. 987 providing that a charge of $1. 00 per vehicle shall be made to all persons desiring to use the waste disposal grounds and which persons are not now charged a fee, and the fee for commercial haul- ing of waste materials shall be S1. 00 for the first two cubic yards of contents. The motion was seconded by Councilman Hughes and carried by unanimous vote. SPECS - TWO On motion of Councilman Schaffer, Katnich second, the AUTOMOBILES Council approved specifications for two compact auto- mobiles for the LitHities Department and authorized advertising for bids thereon. PLANS & SPECS - On motion of Councilman Katnich, Schaffer second, the A-2 BASIN Council approved plans and specifications for the pump station and structures at A-2 Basin and authorized ad- vertising for bids thereon. PG&E RATE City Manager Glaves reported to the Council that repre- INCREASE sentatives of Pacific Gas and Electric Company had OPPOSED recently contacted the City staff to inform them that the Company had filed an application with the United States Federal Power Commission for a 22% increase in wholesale electric rates. Mr. Glaves estimated -7- FM Minutes of October 4, 1972, continued the increase would cost the City of Lodi approximately $284, 000 per year. He said he would be attending a meeting of the Northern California power Agency member cities on Thursday, October 5, to discuss the requested increase and he asked for Council direction. He suggested the City should join with other NCPA member cities to oppose the increase. Councilman Hughes gave a background of the Northern California Power Agency and its activities and urged the Council to go on record as opposing the rate in- crease. He then moved the City of Lodi join with other NGPA member cities in opposing the rate increase with whatever means seems reasonable to get the neces- sary justification and offset a portion of the increase. The motion was seconded by Councilman Katnich and carried by unanimous vote. BASIN C- 1 The City Manager recommended the Council approve LAND purchase of an approximate ten -acre parcel from the ACQUISITION Lodi Unified School District. He explained that this APPROVED parcel is adjacent to Basin C- 1 and the Schocl District has recently advertised for bids fcr the sale of the property. By a previous agreement, the City has used this property as a ponding area and the agreement pro- vides that if the property is to be sold, the City has the first option to purchase it. On motion of Councilman Hughes, Schaffer second, the Council authorized the staff to initiate negotiations for the purchase of the 10? acres adjacent to Basin C- 1, with purchase price not to exceed $4, 000 per acre. BLDG PERMIT The City Manager reported that in a recent decision in MORATORIUM the Friends of Mammoth v. Mono County, et al the California Supreme Court held that the California En- vironmental Quality Act of 1970 applies to "private ac:,:ties for which a permit, lease or other similar entitlement is required. " He explained that this meant that not only the activities of a public entity, but also private activities for which a building permit, sub- division approval, or condition al use permit would re- quire an environmental impact report, prior to issuance of a building permit. Mr. Glaves said the City and County staffs had been working together on this, and he hoped to gain further knowledge on the subject while attending the Annual League of California Cities Conference in Anaheim this month. He recommended a 30 -day moratorium be declared on the issuance of building permits and approval of Final Subdivision Maps pending approval of guidelines for the filing of Environmental Impact Reports, Mr. Victor Meyer, Z21 Nest Oak Street, who was in the audience and representing Sanborn Chevrolet, re- quested the Sanborn Chevrolet project be exempt from any moratorium established at this meeting. -8- ?1 Minutes cf October 4, 1972, cont naed After considerable Council d?iscussion, on motion of Councilman Katnir_h, Hughes second, the Council directed the City Manager to declare effective im- mediately, a 30 -day moratorium on the issuance of Building Permits and the approval of Final Subdivision Maps pending the approval of guidelines for the filing of Environmental Impact Reports by private developers. With the exception noted below, the following projects will receive exemptions to the Building Permit moratorium: a single mobilehome in an approved mobile - home park a single family residence a duplex, triple _ a triplex an addition_ to an established residential use an accessory building to a ton -commercial or non -industrial use remodeling totally within an existing structure Exception to the above: Those above projects which by their very location could have a significant effect on the environment, are not exempt from an Environmental Impact Report. These locations are the following: in or bordering on a watercourse, in a flood hazard area and adjacent to a park or recreation area. The Council indicated that a Building Permit could be issued to applicants who could submit an Environmental Impact Report. ORDINANCES TI1'v1E LIMIT ORDINANCE NO, 984, entitled, ''AN ORDINANCE ON USE AM,IENDING SECTION Z7- 15(c"- OF THE CODE OF THE PERMITS CITY OF LODI ENTITLED. "ADJUST -%LENTS AND USE PERMITS, " AND THEREBY PROVIDING FOR ISSUANCE ORD. NO. 984 AND TIME LIMITS ON USE PERMITS, " having been ADOPTED introduced at a rc.guiar .a eeting on September 20, 1972, was brought up fpr passage on motion of Councilman Katnich, 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, Katnich, Pinkerton, Schaffer and Ehrhardt Noes: Councilmen - done Absent: Councilmen - %one ADJOURNMENT There being no further business, the meeting was adjourned at approximately 11:36 p.m. Attest: =SI LC BE��iETT -9- City Clerk