Loading...
HomeMy WebLinkAboutMinutes - April 21, 1971.230 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 21, 1971 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, April 21, 1971 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, KIRSTEN and SCHAFFER (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Planning Director Schroeder and Public Works Director Jones. PLEDGE Mayor Schaffer led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Kirsten, Katnich second, the Minutes of April 7, 1971 were approved as written and mailed. PRESENTATIONS T. PENDRAY - Mr. Trevor Pendray, Director of the Lodi Area DRUG ABUSE Behavior Deterioration and Drug Abuse Council, COUNCIL 1012 Lake Home Drive, gave an interim report for the Drug Abuse Council. He reported this group had placed emphasis on (1) development of a thorough understanding of causes of behavior deterioration; (2) determining economical solutions to problems resulting from behavior deterioration and drug abuse; and (3) stimulation of sound reha- bilitation and prevention efforts in this area. PLANNING COMMISSION The City Manager gave the following report of the City Planning Commission meeting of April 12, 1971: 1. Approved the request of Zion Reformed Church for a Variance to increase the permitted area of a church identification sign from 20 -square - feet to 64 -square -feet to permit an existing nonconforming sign to remain after May 31, 1973 at 105 South Ham Lane in an area zoned R- I. 2. Approved the request of Mr. Ted Hochhalter for a Variance to erect a commercial storage building for restored antique automobiles on the site of a nonconforming industrial use at 1230 South Fairmont Avenue in an area zoned R- I. 282. Minutes of April 21, 1971 continued 3. Approved the request of the Lodi Academy for a Variance to increase the allowable sign area from 20 feet to 32 feet to permit the installation of a private school identification sign at 1213 South Central Avenue in an area zoned R -HD. 4. Recommended that the San Joaquin County Board of Zoning Adjustment approve the request of the First Church of the Nazarene for a Use Permit to establish a church with a seating capacity for 200 persons on the north side of West Kettleman Lane, 1320 feet east of Lower Sacramento Road in an area zoned I- PA. 5. Recommended that the San Joaquin County Planning Commission approve the request of Mr. Ben Osburn by Mr. John Capell for a change in zoning from the R-3, Residential District, to the R-4, Residential District for a parcel at the southwest corner of Main Street and Carolina Street in the Town of Woodbridge. 6. Recommended that the San Joaquin County Board of Zoning Adjustment deny the request of Mr. Robert Mason and Mr. Theophil Schultz for a Use Permit to construct a 225 -unit mobile - home park, service station and guest lodging facilities on a parcel at the northwest corner of U.S. 50 Freeway and the Mokelumne River. 7. Set public hearings to consider Specific Plan for (1) West Lane (Hutchins Street) between Kettleman Lane and Harney Lane and (2) Cluff Avenue between future extension of Turner Road and Kettleman Lane (3) consider changing the name of West Lane to Hutchins Street within the City Limits. LODI The City Manager also presented a memorandum RIVERGATE from the Planning Director stating the action taken DEVELOPMENT by the Planning Commission regarding the request of the City Council concerning the Mokelumne River crossing at the extension of Church Street. The actions were as follows: Requested that the Lodi City Council determine the depth of study it desires the Planning Commission to make relative to the City Council action of March 24, 1971 requesting (1) a determination of the feasibility of a river crossing 'at the northerly extension of Church Street through the proposed Rivergate- Mokelumne Subdivision and (2) the required right-of-way to accommodate such a street and bridge. -2- ; a' a Minutes of April 21, 1971 continued 2. Directed the Planning staff to inform the City Council that the developers of the Rivergate- Mokelumne Subdivision had appeared before the Planning Commission on four occasions dating back to January 25, 1971 and that action on both the request for prezoning and Tentative Subdivision Map Approval should be made in the near future because the information requested from the Reclamation Board of the State of California and the U.S. Army Corps of Engineers is presently available. 3. Continued consideration of the prezoning and Tentative Map until 7:30 p.m., Monday, May 10, 1971. The City Manager said he had reviewed the above with the staff involved, and found that before adequate provision could be made for a crossing of the river, considerable information must be obtained regarding the height and length of the proposed bridge. This information would involve considerable study and engineering expense, and the City Manager did not believe this was the intent of the City Council. It was the general consensus of the Council that they had not intended an in-depth study to be made. Councilman Hughes said when he made the suggestion it was his intent to deter- mine if it would be feasible within the design criterion of the developers to provide an area which could be used for crossing of the river, if necessary to do so in the future. Because of development which would occur on the north side of the Mokelumne River, he felt it would be advisable to provide an area for crossing the river. Mr. Thomas F. Brewer of Daley, Brewer, Patridge and Garrett, Attorneys at Law, I209 North El Dorado, Stockton, representing the Lodi Rivergate, Inc., addressed the Council on the matter. Mr. Brewer pointed out that the Lodi General Plan makes no reference to development north of the river and that the planned area of expansion is to the west of the City. Mr. Brewer felt it was not economically feasible to build a bridge across the river. He also said that to extend Church Street to the Mokelumne River would require additional right of way which was not provided for in the proposed development. Mr. Robert H. Peters, 3290 East Woodbridge Road, who owns property on the north side of the river, expressed concern that a portion of the proposed Lodi Rivergate Development would be in the flood- plain zone. !911 :�b Minutes of April 21, 1971 continued Mr. Cecil Mumbert, 20 South Crescent Avenue, Lodi; Mr. Art Hoffman, 2818 East Woodbridge Road; and Mr. Ed Meier, 345 East Taylor Road, who are also property owners north of the river, indicated they were in favor of the proposed development. They felt property north of the river would develop in the future and recommended provision be made for a bridge to span the river in this area. Councilman Hughes then proposed that Church Street be extended in a northeasterly manner so that the piers for the future bridge could be over the present settling ponds of the Allied Winery property. It was his opinion that this would not injure the Rivergate development and would be using land that was better suited for bridge purposes than other land in the general area. Mr. Brewer objected to this proposal stating there were many factors to be considered. He said he was not in favor of planning at the Council table but rather the Planning Commission should serve this function. Mayor Schaffer then closed the public discussion and the Council discussed the matter. Councilman Kirsten stated he agreed with the observations made by the City Manager in his memorandum to the City Council dated April 19, 1971. In the memorandum the Manager pointed out that (1) the City's General Plan provides that the City of Lodi will not develop north of the Mokelumne River, and he gave the basis for this policy; (2) master plans designed for sewage, drainage, water, electricity and streets all provide no development north of the river, and the lines already constructed do not provide capacity to handle additional areas north of the City; (3) special problems would develop in the area of most City services in the event the Iand would be developed; and (4) the cost of a crossing structure is unknown and would be a very heavy burden on the finances of the present citizens of the City. For the above reasons, Councilman Kirsten said he was opposed to planning for a bridge to cross the river. Councilman Kirsten then moved the Planning Commission be instructed to proceed with consideration of the request of the developers of the River gate -Mokelumne Subdivision without deviation from the City's Master Plan as it presently exists. The motion was seconded by Councilman Katnich. Councilman Hughes then moved that the motion be amended to provide that the Planning Commission be given authority to consider the extension of Church Street across the Mokelumne River if this extension could be incorporated in the plans of the developer without causing additional problems. The motion was seconded by Councilman Ehrhardt and after discussion failed to pass by the following vote: .,2&4 Minutes of April 21, 1971 continued Ayes: Councilmen - Ehrhardt and Hughes Noes: Councilmen - Katnich, Kirsten and Schaffer The original motion then passed by the following vote: Ayes: Councilmen - Ehrhardt, Katnich, Kirsten and Schaffer Noes: Councilmen - Pierre Hughes COMMUNICATIONS ABC LICENSE Notices of Application for Alcoholic Beverage License were received as follows: 1. Venita and Woodrow E. Coburn, Three Aces Tavern, 111-113 North Sacramento Street, on -sale beer and wine, public premises, person -to- person transfer. 2. Jeannette L. and Robert F. Kulp, Eastside Distributors, 8 North Main Street, beer and wine wholesalers, new license. PUC The City Clerk read a Notice of Hearing before the Public Utilities Commission in the matter of the application of Pacific Gas and Electric Company for authority to revise its electric service tariff to offset the effect -of authorized cost -of -gas increases for natural gas used to generate electricity. The hearing is scheduled for May 19, 1971 at 10:00 a. m. in San Francisco. SJ LOCAL A resolution opposing dissolution of the San Joaquin HEALTH Local Health District was received from the City DISTRICT of Stockton. LAND CONSER- A letter was received from the San Joaquin County VATION Board of Supervisors stating its intent to enter a CONTRACT California Land Conservation Contract which would OPPOSED include land within one mile of the exterior boundaries of the City of Lodi. Councilman Kirsten moved the City Council protest the execution of this contract. The motion was seconded by Mayor Schaffer and carried by unanimous vote. M. HUGHES - Mrs. Marilyn Hughes, 1162 North Ham Lane, DRUG ABUSE addressed the Council concerning drug abuse programs PROGRAMS in Lodi. She said she was representing the People in Christ, Lodi Boys Club, the Mensch Coffee House, House of Truth, a "Drop -In" counseling center of the Lodi Unified School District, Lodi Counseling Center and a high school drug abuse training program. She said she wished to make the City Council aware of the above programs which are operating in the community. She asked -5- °235 Minutes of April 21, 1971 continued for clarification of the Lodi Area Behavior Deter- ioration and Drug Abuse Council's function or purpose. She indicated there had been a lack of communication and cooperation on the part of the Lodi Area Behavior Deterioration and Drug Abuse Council, and her group was unhappy with the lack of response received from the Drug Abuse Council. Mrs. Hughes requested that a representative from each tax supported agency such as the School District, the Board of Supervisors, and the City Council be appointed to meet with her group to budget and plan for drug abuse programs. After discussion, Mayor Schaffer requested Council- man Ehrhardt, who is the City Council's representative to "the Drug Abuse Council, to investigate the above matter and to report back to the -Council on his findings. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $201,075.26 were approved on motion of Councilman Kirsten, Hughes second. ASSESSMENT City Manager Glaves presented the Assessment DIAGRAM - Diagram for the Concord Street Street Light CONCORD ST. District for Council approval. On motion of S.L. DISTRICT Councilman Katnich, Kirsten second, the Council adopted Resolution No. 3501 approving the Assess - RES. NO. 3501 ment Diagram . ASSESSMENT The City Manager then presented the Assessment DIAGRAM - Diagram for the Tara Place Street Light District TARA PLACE for approval. On motion of Councilman Hughes, S. L. DISTRICT Mayor Schaffer second, the Council adopted Resolution No. 3502 approving the Assessment RES. NO. 3502 Diagram. Councilman Katnich abstained from voting because of a possible conflict of interest. ACCEPT STORM On motion of Councilman Ehrhardt, Kirsten second, DRAIN LINES FOR the Council accepted the improvements in Storm WELLS 1,2 & 6 Drains for Wells No. 1, 2 and 6 as complete and authorized the Public Works Director to file a Notice of Completion on the project. MISTREATMENT On motion of Councilman Katnich, Hughes second, OF POLICE DOGS the Council introduced Ordinance No. 949 making it unlawful for any person to willfully or maliciously ORD. NO. 949 mistreat any dog used by the Police Department INTRODUCED or to interfere with any such dog while being used by the Police Department. LEGISLATION The Council, on motion of Councilman Kirsten, OPPOSE Ehrhardt second, adopted Resolution No. 3503 S.B. 333 opposing enactment 'of Senate Bill 333 providing for compulsory and binding arbitration of wages, RES. NO. 3503 hours, pensions and all other terms and conditions of employment of policemen and firemen. -6- 256 Minutes of April 21, 1971 continued SUPPORT On motion of Councilman Kirsten, Katnich second, A. B. 125 the City Council adopted Resolution No. 3504 supporting the passage of A.B. 125 which would RES. NO. 3504 permit general law cities to issue revenue bonds for extensions and improvements to municipal electric distribution and generation facilities. CONCESSION The Council on motion of Councilman Ehrhardt, CONTRACT - Mayor Schaffer second, approved a Concession J.M. FERGUSON Agreement between the City of Lodi and J. M. Ferguson for operation of the concessions at the Softball Parks and authorized the City Manager to execute the agreement on behalf of the City. -7- City Manager Glaves reported that he had responded to the appropriate legislators concerning Assembly Bill 52 and Senate Bill 489. He suggested the Council consider an additional meeting on Wednesday, April 28, 1971 to discuss proposed legislation affecting cities. COUNCIL The City Manager presented a report concerning CHAMBERS the lighting in the Council Chambers. This report was requested by Councilman Kirsten at the meeting of April 7, 1971. The City Manager reviewed the report and submitted two different proposals for the Council's consideration. The first proposal called for installation of eight lights over the Council table at an approximate cost of $342 plus $75 for labor. The alternate proposal caLled for installation of four 4' x 4' fixtures trimmed in wood which would have a nicer appearance and cost approxi- mately $652 plus labor. The City Manager recom- mended the alternate proposal. He further explained that it would not be possible to increase the lighting in the seating area without making major improvements to the wiring in City Hall. On motion of Councilman Kirsten, Ehrhardt second, the Council authorized the City Manager to proceed with the lighting improvements in the Council Chambers as recommended in the alternate proposal; consult an interior decorator concerning the painting of the Chambers; and, have the Chambers painted and the drapes cleaned. SPECS" - On motion of Councilman Kirsten, Katnich second, 6.9 KV the Council approved specifications for the 6.9 TRANSFORMERS KV pad -mount transformers and authorized adver- tising for bids thereon. SPECS - 15 KV On motion of Councilman Kirsten, Ehrhardt second, UNDERGROUND the Council approved specifications for the 15 KV CABLE underground cable and authorized advertising for bids thereon. CONCESSION The Council on motion of Councilman Ehrhardt, CONTRACT - Mayor Schaffer second, approved a Concession J.M. FERGUSON Agreement between the City of Lodi and J. M. Ferguson for operation of the concessions at the Softball Parks and authorized the City Manager to execute the agreement on behalf of the City. -7- 2kO Minutes of April 21, 1971 continued OFFICIAL The City Manager reported that at its meeting of NAMING OF April 6, 1971 the Recreation Commission had SOFTBALL recommended that the Softball Complex be officially COMPLEX named "City of Lodi Municipal Softball Park. " RES. NO. 3505 After discussion, the Council determined that the LAWRENCE word "Municipal" should be removed from the PARK title and on motion of Councilman Hughes, Kirsten LIGHTING second, adopted Resolution No. 3505 officially naming the Softball Complex, "City of Lodi Softball Park." STREET LIGHT - The City Manager presented a cost estimate for HAM & HOLLY installation of a street light at the intersection of Ham Lane and Holly Drive. On motion of Councilman Kirsten, Katnich second, the Council authorized installation of a street light at the above intersection for an approximate cost of $129. Councilman Katnich then requested consideration be given to a street light program similar to the sidewalk installation program which the City Council initiated in 1969. Mayor Schaffer suggested this matter could be considered at a future meeting. The Council concurred. PURCHASE OF On motion of Councilman Kirsten, Katnich second, IMPROVEMENTS- the Council approved a supplemental allocation in WHITE SLOUGH the amount of $1,000.00 for the purpose of purchasing certain improvements on the White Slough property. PLANS & SPECS - On motion of Councilman Kirsten, Ehrhardt second, KETTLEMAN LN the City Council approved plans and specifications SAN. SEWER for the Kettleman Lane Sanitary Sewer - School Street to Stockton Street and authorized advertising for bids thereon. S. J. COUNTY The 1971-72 budget of the Cities and County of APA BUDGET San Joaquin Advisory Planning Association was presented for review and ratification by the Council. On motion of Councilman Ehrhardt, Kirsten second, the Council approved the budget. LAWRENCE The City Manager informed the Council that an PARK Order to Correct Unsafe Conditions or Show LIGHTING Cause had been received from the State Division of Industrial Safety concerning the 90 -foot light poles at the Lawrence Park Baseball Field. The Order requested the Division of Industrial Safety be furnished a report by a registered structural engineer attesting to the condition of the poles. After discussion, the Council, on motion of Councilman Ehrhardt, Kirsten second, authorized the City Manager to- obtain a report from a registered structural engineer concerning the above, if in his opinion it is necessary to do so, and to proceed with the necessary action to correct the situation. -8- tae Minutes of April 21, 1971 continued HIGHWAY 12 Councilman Ehrhardt reported on recent meetings ASSOCIATION of the Highway 12 Association and the Local Agency AND LAFCO Formation Commission which he had attended. CEDAC Mayor Schaffer reported the Community Economic Development Action Committee had completed the Overall Economic Development Program for 1970, which is a basis for economic growth and employment opportunities in San Joaquin County. HEALTH On motion of Councilman Kirsten, Ehrhardt second, DISTRICT the Council adopted Resolution No. 3506 opposing the dissolution of the San Joaquin Local Health RES. NO. 3506 District. ORDINANCES REZONE E. ORDINANCE NO. 946 entitled, "AMENDING THE SIDE CRESCENT OFFICIAL DISTRICT MAP OF THE CITY OF LODI TO R-2 AND THEREBY REZONING ALL PARCELS ON THE EAST SIDE OF CRESCENT AVENUE BETWEEN ORD. NO. 946 WEST LOCUST STREET AND WEST LODI AVENUE ADOPTED TO BE IN THE R-2, SINGLE-FAMILY RESIDENTIAL DISTRICT," having been introduced at a regular meeting on April 7, 1971, was brought up for passage on motion of Councilman Kirsten, Ehrhardt 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 - Ehrhardt, Hughes, Katnich, Kirsten and Schaffer Absent: Councilmen - None REZONE 116 ORDINANCE NO. 947 entitled, "AMENDING THE N. PLEASANT OFFICIAL DISTRICT MAP OF THE CITY OF LODI TO C-2 DIST. AND THEREBY REZONING A PARCEL LOCATED AT 116 NORTH PLEASANT AVENUE TO BE IN ORD. NO. 947 THE C-2, GENERAL COMMERCIAL DISTRICT," ADOPTED having been introduced at a regular meeting on April 7, 1971, was brought up for passage on motion of Councilman Katnich, Kirsten 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 - Ehrhardt, Hughes, Katnich, Kirsten and Schaffer Noes: Councilmen - None Absent; Councilmen - None -9- `2dn Minutes of April 21, 1971 continued AMEND CODE ORDINANCE NO. 948 entitled, "AN ORDINANCE TO INCLUDE AMENDING SECTION 27-9A OF THE CODE OF THE SMALL THEATERS CITY OF LODI AND THEREBY INCLUDING THEATERS IN C -S DISTRICT WITH A MAXIMUM SEATING CAPACITY OF 400 IN THE USES PERMITTED SECTION," having ORD. NO. 948 been introduced at regular meeting on April 7, ADOPTED 1971, was brought up for passage on motion of Councilman Ehrhardt, Mayor 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 - Ehrhardt, Hughes, Katnich, Kirsten and Schaffer Noes: Councilmen - None Absent: Councilmen - None REORGANIZATION OF THE COUNCIL The City Clerk called for nominations for Mayor. On motion of Councilman Kirsten, Schaffer second, Councilman Katnich was nominated for Mayor. On motion of Councilman Kirsten. Ehrhardt second, nominations were closed and Councilman Katnich was elected Mayor by unanimous vote. Mayor Katnich then took the chair and called for nominations for Vice -Mayor. On motion of Councilman Kirsten, Schaffer second, Councilman Ehrhardt was nominated for Vice Mayor. On motion of Councilman Kirsten, Schaffer second, nominations were closed and Councilman Ehrhardt was elected Vice -Mayor by unanimous vote. EXECUTIVE The Council adjourned to an executive session to SESSION discuss personnel matters. ADJOURNMENT There being no further business, on motion of Councilman Schaffer, the meeting was adjourned to Wednesday, April 28, 1971 at 8:00 p.m. o Attest: BESSIE L. BICNNETT City Clerk _10-