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HomeMy WebLinkAboutMinutes - December 6, 19729! CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS DECEMBER 6, 1972 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, December 6, 1972, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - HUGHES (arrived 8:03 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 given by Mayor Ehrhardt PLEDGE Mayor Ehrhardt led the Pledge of Allegiance to the flag. IMINUTES On motion of Councilman Pinkerton, Schaffer second, the Minutes of November 15, 1972, were approved as written and mailed. Councilman Hughes arrived. On motion of Councilman Katnich, Schaffer second, the Minutes of November 2 1, 1972, were approved as written and mailed. PLANNING COMMISSION ACTIONS OF 1. Set for Public Hearing on December 18, 1972, the INTEREST request of Mr. Lindsay P. Marshall on behalf of Grand Auto, Inc. requesting initiation of a Zoning Ordinance amendment which would permit enclosed car washes with a Use Permit in conjunction with gas service stations in the C- 1, Neighborhood - Commercial District. Sec for Public Hearing on December 18, 1972, consideration of a Zoning Ordinance Amendment which would increase the maximum permitted sign area for professional offices in the C -P, Commercial -Professional District. 3. Approved the request of Service Laundry for a Variance to increase the maximum permitted over- hang for a sign in the C- 1, Neighborhood Com- mercial District from 1 foot to 3 feet to permit the reinstallation of a time and temperature sign at 7 12 West Lodi Avenue. -j Minutes of December 6, 1972, continued 4. Denied the request of Mr. Glenn Schimke for a Variance to increase the maximum permitted fence height in a required street side yard from 42 inches to 6 feet to permit the erection of a 6 -foot -high fence at 321 North Schcol Street in an area zoned R -HD, Residential High Density District. 5. Recommended denial of the request of Marine Realty on behalf of Mr. Dan Parises for a Use Permit for a 209 -unit mobilehome park on the east side of U.S. 50-99 Frontage Road, from 76 feet to 941 feet south of Hogan Lane, south of Lodi in an area zoned I -PA, Interim -Protected Agriculture and GA -5, General Agriculture. In connection with this matter, the Commission instructed the Staff to prepare a letter to the San Joaquin County Planning Commission commenting in depth on the Environmental Impact Report that had been prepared for this project. Continued until Monday, December 4, 1972, a consideration of the San Joaquin County Planning Commission initiated rezoning from I -PA, Interim - Protected Agriculture to M- 1, Light Industrial; M-2, Heavy Industrial; C -M, Commercial Manufactur- ing; R-2, Single Family Residential; R1-8, Single Family Residential; and GA -20, General Agriculture District for an area generally bounded on the north by Kettleman Lane (State Route 12); on the west by S. P.R. R. and City Limits of Lodi; on the east by State Route 99 and City Limits of Lodi; on the south by a line approximately 600' south of Harney Lane. ACTIONS OF The City Manager gave the following report of the INTEREST Planning Commission meeting of December 4, 1972; 1. Accepted the Environmental Impact Report - River Oaks Subdivision - a 17.7 -acre tract on the north side of Edgewood Drive at Lakewood Drive. In accepting this Report, the Commission determined that the project would have no significant environ- mental impact. 2. Continued until December 18, 1972, the request of Mr. Elmer Brenning for a Variance to permit the erection of a patio cover in the rear courtyard of a townhouse condominium unit in Town and Country Village, Planned Development District No. 1, southeast corner of West Turner Road and Rutledge Drive . 3. Continued until December 18, 1972, consideration of the San Joaquin County Planning Commission initiated rezoning from I -PA, Interim -Protected Agriculture to M- 1, Light Industrial; M-2, Heavy Industrial; C -M, Commercial Manufacturing; R-2, Single Family Residential; R 1-8, Single Family Residential; and GA -20, General Agriculture District for an area generally bounded on the north IF41 5 Minutes of December 6, 1972, continued by Kettleman Lane (State Route 12); on the west by S. P. R. R. and City Limits of Lodi; on the east by State Route 99 and City Limits of Lodi; on the south by a line approximately 600' south of Harney Lane. 4. Directed the Staff to schedule Public Hearings after January 1, 1973, for the purpose of reviewing the status of certain inactive Commercial -Shopping Center and Planned Development Districts. COMMUNICATIONS ABC LICENSE Applications for alcoholic beverage license were re- ceived as follows; Mrs. Nancy Engeison, 301 North Crescent Avenue, re- presenting Lodi Ecology Action, was in the audience and addressed the Council concerning the request. Mrs. Engelson felt it would be good to have a stable, on-going group such as the sheltered Opportunity Skills Center to operate the center and she recommended the Council approve the request. She said Lodi Ecology Action hoped to turn the entire operation over to the Sheltered Opportunity Skills Center at the end of the three-month period if the operation is successful. til rs. Marie White, Executive Director of the Association for Retarded, spoke concerning the request. She ex- plained that the Sheltered Opportunity Skills Center was a division of the San Joaquin Association for Retarded Children, inc. , and it was a non-profit community pro- gram developed to serve the adult retarded population of San Joaquin County, Mrs. White said they wished to operate the center for a period of three months and at the end of the three months they would evaluate the program. City Attorney Mullen asked Mrs. White if the organization was co,rered by liability insurance and if the City of Lodi would be named additional assured. Mrs. White re- sponded that the organization did have proper coverage and the City would be named as additional assured. -3- 1. Bennie O. and Gertrude E. Meidinger, Plaza Liquors, 429-B West Lockeford Street, person-to- person transfer, off -sale general. 2. Billy Joe Long, The Nashville Club, 118 North Sacramento Street, new license, on -sale beer. CLAIM FOR The Claim for Personal Injuries of Kipp Loren Smith PERSONAL and Ferne E. Smith, as mother and sole heir at law of INJURIES Jan Patrick Smith, in the sum of $3, 500, 000. 00 was presented to the City Council. On motion of Councilman Katnich, Hughes second, the claim was rejected for being filed too late and referred to the City Attorney. RECYCLING A letter was received from Lodi Ecology Action request - PROGRAM ing the Council to permit the Sheltered Opportunity Skills Center in Stockton to operate the recycling center located in the Ouonset Hut on a trial basis for three months. Mrs. Nancy Engeison, 301 North Crescent Avenue, re- presenting Lodi Ecology Action, was in the audience and addressed the Council concerning the request. Mrs. Engelson felt it would be good to have a stable, on-going group such as the sheltered Opportunity Skills Center to operate the center and she recommended the Council approve the request. She said Lodi Ecology Action hoped to turn the entire operation over to the Sheltered Opportunity Skills Center at the end of the three-month period if the operation is successful. til rs. Marie White, Executive Director of the Association for Retarded, spoke concerning the request. She ex- plained that the Sheltered Opportunity Skills Center was a division of the San Joaquin Association for Retarded Children, inc. , and it was a non-profit community pro- gram developed to serve the adult retarded population of San Joaquin County, Mrs. White said they wished to operate the center for a period of three months and at the end of the three months they would evaluate the program. City Attorney Mullen asked Mrs. White if the organization was co,rered by liability insurance and if the City of Lodi would be named additional assured. Mrs. White re- sponded that the organization did have proper coverage and the City would be named as additional assured. -3- 100 Minutes of December 6, 1972, cont' -Hued CLAIMS Claims in the amount of $338,267.43 were approved on motion of Councilman Pinkerton, Schaffer second. AWARD - AUTO The City Manager presented bids received for an auto- mobile for the Fire Department as follows; RES. NO. 3703 Geweke Ford $3, 529. 39 Courtesy -Lincoln Mercury 3,830.40 Sanborn Chevrolet 3,937.30 The City Manager recommended the award be made to the low bidder, Geweke Ford, for the amount of the bid. On motion of Councilman Hughes, Pinkerton second, the Council adopted Resolution No. 3703 awarding the contract for the furnishing of the automobile to Geweke Ford for a total amount of :-13, 5Z9, 39. AWARD - CABLE City Manager Glaves presented bids received for 15-kv and 600 -volt underground cable as follows; RES. NO. 3704 -4- After discussion, on motion of Councilman Katnich, Hughes second, the Council appro-red the request of Lodi Ecology Action and the Sheltered Opportunity Skills Center to permit Sheltered Opportunity Skills Center to operate the recycling center located in the Quonset Hut for a. three-month trial period. SAFETY- A letter was received from members of the Garfield GARFIELD School staff stating their concern for the safety of SCHOOL children attending the school. The letter suggested a pedestrian activated signal be installed on Cherokee Lane and that adequate sidewalk also be installed in that area. FEDERAL SIGN The City Manager presented a letter of appeal received & SIGNAL from lair. C. R. Kurtz, Sales Representative for Federal APPEAL DENIED Sign and Signal Corporation, 536 North Wilson Way, Stockton. The appeal concerned the Planning Commission's denial of the Vineyard's request to increase the maxi- mum permitted right-of-way overhang for a sign in the C-2, General Commercial District from 6 feet to 9 feet to permit a sign to remain at 725 South Cherokee Lane. Mr. Glaves explained that the letter of appeal was re- ceived by the City Clerk on November 21, 1972, however, in order to comply with the time limitation set forth in Section 27- 15 of the Lodi City Code, the letter should have been received no later than November 20, 1972. The Council then, on motion of Councilman Katnich, Pinkerton second, denied the appeal on the basis that it did not comply with the time limitation set forth in the Lodi City Code. DRUG Mayor Ehrhardt reported he had received correspondence ORDINANCES from the City of Los Angeles concerning the two drug abuse ordinances recently adopted by the City Council. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $338,267.43 were approved on motion of Councilman Pinkerton, Schaffer second. AWARD - AUTO The City Manager presented bids received for an auto- mobile for the Fire Department as follows; RES. NO. 3703 Geweke Ford $3, 529. 39 Courtesy -Lincoln Mercury 3,830.40 Sanborn Chevrolet 3,937.30 The City Manager recommended the award be made to the low bidder, Geweke Ford, for the amount of the bid. On motion of Councilman Hughes, Pinkerton second, the Council adopted Resolution No. 3703 awarding the contract for the furnishing of the automobile to Geweke Ford for a total amount of :-13, 5Z9, 39. AWARD - CABLE City Manager Glaves presented bids received for 15-kv and 600 -volt underground cable as follows; RES. NO. 3704 -4- 101 Minutes of December 6, 1972, continued Graybar Electric $34,230.00 Westinghouse Electric_ 34,513. 50 Consolidated Electric 35,378. 15 Valley Electric 35, 528.96 Anixter-Pruzan 35, 865. 90 Maydweli & Hartzell 36, 544.20 G. E. Supply Company 37, 153.81 The City Manager recommended the award be made to t«o separate bidders; Westinghouse Electric Supply Company and G. E. Supply Company. He explained that the City would realize a savings by awarding the bid to the two separate suppliers. On motion of Councilman Hughes, Katnich second, the Council adopted Resolution No. 3704 awarding the con- tract for the furnishing of the aluminum cable to two separate bidders as follows: Westinghouse Electric Supply Company - $8, 385. 30 and General Electric Supply Company - $24, 895. 27. NO PARKING - On motion of Councilman Pinkerton, Schaffer second, the PACIFIC AVE. City Council adopted Resolution No. 3705 establishing a "No Parking" zone on the west side of Pacific Avenue RES. NO. 3705 from 350 feet south of the centerline of Elm Street to 370 feet south of the centerline of Elm Street. APPROVED The Council approved, on motion of Councilman Katnich, HAWAII & S.F. Schaffer second, the improvement plans and improvement INVESTMENT CO. security for the Hawaii and San Francisco Investment DEVELOPMENT Company Development and directed the City Manager to sign the Development Agreement and Electrical Agreement and the City Clerk to accept the offer of dedication of streets and easements on behalf of the City. AUDIT REPORT - The City Manager presented the Audit Report for fiscal 1971-72 year 1971-72. On motion of Councilman Hughes, Schaffer second, the Council accepted the Audit Report as submitted. MILLS AVE. At a previous Council meeting the Council requested the IMPROVEMENTS staff to investigate the possibility of grading and oiling the area along the west side of Mills Avenue between Colette and Elm Streets for the safety of the children walking to and from school. The City Manager reported the cost for these improvements would be approximately $5, 000. Mr. Glaves said it should be made clear that the responsibility for installation of the curb, gutter, sidewalk and paving was the property owner's and not the City's. These improvements would be made at such time as the property is developed. He said, at this point, the City would be oiling the sidewalk area and this would have a limited life of approximately five years and would require a certain amount of maintenance. The Council discussed the pcssibility of widening Mills Avenue in this area and, after some discussion, agreed the matter should be continued to a future meeting. On motion of Councilman Schaffer, Pinkerton second, the discussion of Mills Avenue improvements was con- tinued to the next regular meeting and the staff was re- quested to give this matter further consideration. -5- 102 Minutes of December 6, 1972, continued DOWNTOWN On motion of Councilman Katnich, Pinkerton second, UNDERGROUND the Council adopted Resolution No. 3706 calling for a UTILITIES public hearing to determine whether an underground RES. NO. 3707 utility master plan shall be established encompassing RES. NO. 3706 the downtown area of the City of Lodi located between SUBDIVISION Church Street, Sacramento Street, Lodi Avenue and ORDINANCE Locust Street. The Council then, on motion of Councilman Katnich, Schaffer second, referred the abode matter to the Planning Commission for recommendation. MILLS AVE. On motion of Councilman Schaffer, Pinkerton second, THROUGH STREET the Council adopted Resolution No. 3707 establishing stop signs on Shady Acres Drive, Corbin Lane, RES. NO. 3707 Virginia Avenue and Vine Street at Mills Avenue. AMEND. TO The City Manager recommended that the Subdivision SUBDIVISION Ordinance be amended to provide that any water wells ORDINANCE located in a subdivision site shall also be shown on the tentative map and the disposition of these wells ORD. NO. 991 stated. He recommended that this requirement be INTRODUCED added to the list of things necessary on a proposed tentative map. The Council agreed with this recom- mendation, and on motion of Councilman Schaffer, Hughes second, introduced Ordinance No. 991 amending Section 22-5(b) of the Code of the City of Lodi and thereby adding required information on Tentative Maps. BOND FUND City Manager Glaves stated that a report of 1965 bond REPORT issue expenditures had been prepared by Assistant City Manager Peterson and had been distributed to the City Council. He then asked Mr. Peterson to review the report for the Council. Mr. Peterson reviewed the report and stated that copies of the report had been furnished to the Chamber of Commerce office, the President of the Chamber of Commerce, City depart- ment heads and other interested persons. USE OF STADIUM The City Manager presented a request received from FOR WESTERN the Hercules Broadcasting Company of Sacramento SHOW APPROVED for use of the Stadium for an outdoor stage show. After some discussion, on motion of Councilman Schaffer, Hughes second, the Council approved the request for use of the Stadium as outlined by the City Manager. LIBRARY SITE City Manager Glaves discussed the negotiations presently in progress with the owner of the proposed .library site at the northwest corner of Church and Locust Streets. He said the owner was agreeable to sell the property to the City with the condition he retain the buildings located on the property. Also, the owner had agreed to a "buy -track" provision whereby he would repurchase the property within a year if the City wished to sell. Mr. Leonard Lachendro, City Librarian, who was in the Audience, addressed the Council concerning the Council's previous discussion of the possibility of obtaining the -6- 103 Minutes of December 6, 1972, continued Tokay High School property (East Campus) for the future library site. Mr. Lachendro outlined the reasons he felt the City should not consider locating the proposed library at this site. After some discussion, Councilman Katnich moved the Council reaffirm its prior policy to proceed with negotiations to purchase the property located at the northwest corner of Church and Locust Streets to be used as a future site for the library with the understand- ing there would be a one-year buy-back provision in the agreement. The motion was seconded by Mayor Ehrhardt and carried. REVENUE Councilman Katnich asked the Council to consider ap- SHARING propriating a portion of funds received from revenue sharing to the Library Construction Fund. NCPA RE Councilman Hughes reported to the Council on the progress PG&E RATE of Northern California Power Agency's challenge of the INCREASE rate increase requested by Pacific Gas & Electric Company. He reported that Attorney George Spiegel had been retained by the six member cities directly affected by the PG&E rate increase. He said Mr. Spiegel had filed the intervention and the Federal Power Commission had ruled that a hearing must be held and suspended the effective date for the rate increase for five months. Councilman Hughes recommended the Council approve proceeding with the case as outlined by the attorney and approve the City of Lodi paying its share of costs involved in filing with the Court of Appeals. The Council approved the recommendation of Councilman Hughes as stated above, on motion of Councilman Schaffer, Katnich second. ORDINANCES REZONE 10 N ORDINANCE NO. 989, entitled, "AN ORDINANCE MILLS AVE. AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE ORD. NO. 989 EASTERLY TWO ACRES OF LOT 139, CAPELL PARK ADOPTED TO BE IN THE R -GA, GARDEN APARTMENT RESIDENTIAL DISTRICT," having been introduced at a regular meeting on November 15, 1972, was brought up for passage on motion of Councilman Katnich, Schaffer 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 - None Absent; Councilmen - None -7- 144 Minutes of December 6, 1972, continued WATER WELLS ORDINANCE NO. 990, entitled "AN ORDINANCE ORDINANCE AMENDING THE CODE OF THE CITY OF LODI BY ADDING A NEW CHAPTER TO SAID CODE, CON - ORD. NO. 990 CERNING THE CONSTRUCTION, RECONSTRUCTION ADOPTED AND DESTRUCTION OF WATER WELLS, CATHODIC PROTECTION WELLS, AND INSTALLATION OF PUMPS IN THE CITY OF LODI, PROVIDING FOR THE ISSUANCE OF PERMITS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF, " having been intro- duced at a regular meeting on November 15, 1972, was brought up for passage on motion of Councilman Schaffer, 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 - None Absent: Councilmen - None ANNUAL Mayor Ehrhardt reported on the 49th Annual Congress CONGRESS of Cities which he attended November l6 - 30 in OF CITIES Indianapolis. ADJOURNMENT There being no further business, the meeting was adjourned on motion of Councilman Katnich at approximately 10:25 p.m. Y Attest: Bt• SIE L. 'BEV ETT 1 City Clerk -8-