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Minutes - August 13, 1971
130© IT`i COUNCIL. C7 -'TY OF LODI CiTF HALL COUI CIL CHAMBERS AUGUST 13, 1971 A regular me>-. - c: the Cc.y Council of the Cut; of Lodi was held beginning at 3.00 p, m. on ednesday, August 18; 1 71 :n the City Hall Council Chambers, ROLL CALF. Present: Councilmen - EHRHARDT, HUGHES, SCHAFFER and KATNICH (Mayor) Absent: Councilmen - KIRSTEN Also present. City 11./lanager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Public Works Dire:tor Jones and Assistant Planner Richard Avey. PLEDGE Mayor Katnich led the Pledge of Allegiance to the Flag, 1 TES On motion of Counzilman Schaffer, Ehrhardt second, the Minutes of July 21, July 28 and August 4, 1971 were approved as written and mailed. JBLi.: EARI`GS DO'.', VTOWN Mayor Katnich asked if petitions had been received con- - lN,IPR_O'iEXlr.NT cerning formation of the proposed Business Improvement DISTRIGT Area, The City Clerk reported she had received a total of 17 petitions bearing signatures of persons opposed to formation of the district, The petitions were notarized and had been filed in form and manner provided by late, Four letters opposing the formation of the Business Improvement Area had also been received by the City Clerk. City Attorney Mullen stated that a letter had been received from the sponsor of the district requesting the Council to deny formation of the district, City Manager Glaves then read the letter dated August 18, 1971 from Air.. Joe Newfield, Jr, , Chairman of the Downtown Improvement Committee requesting the Council to deny for -nation of the district at this time. On motion of Councilman Hughes, Ehrhardt record, the City CouncU denied formation of the Downtown Improve- ment Area No., 1 as requested, 5P^r7iFlC PLAN: • Notice thereof having been published in accordance with L0Cc,ZI'C1;.D lace, Mayor Katnich called for the public hearing on the recommendation of the City Planning Commission to adopt ORD NC, a Specific Plan for East Lockeford Street between North iNTROD! :c,ED Washington Street and North Cherokee Lane. Public Works Director Jones presented and reviewed the proposed Specifi;i Plan. There was no one in the audience wishing to be heard on the natter and the public portion of the hearing was closed; afil Minutes of August 18, 1971 continued On motion of Co,Tnc;lman Schaffer, Ehrhardt second, the Council introdu;ed Ordinance No. 959 adopting a Specifi., Plan for East Lockeford Street between North Washington. Street and North Cherokee Lane. SPECiF7.0 PLAN - Notice thereof having been published in accordance with S. HUTCH -NS ST. - law, Mayor Katnich called for the public hearing on the CONTINUED recommendation of the Planning Commission to adopt a Spe-lfic Plan for South Hutchins Street between. West Kettleman Lane and Harney Lane. Public Works Director Jones presented and reviewed the propos-ed Specific Plan. Mr. Victor Ideyer, 41 South Sacramento Street, spoke concerning the Specific Plan. He questioned if right-of- way locations should be considered at this time. Mr. Meyer said he was concerned that some recognition should be given to location of driveways, etc. Mr. Meyer stated he was opposed to the plan as presented for several reasons. He felt the policy being considered for South Hutchins Street was contrary to that adopted for Lower Sacramento Road. Also, the proposed sidewalk, auto- matic sprinklers and fencing requirements were unwarranted at this time. Mr. Meyer suggested that no pedestrian sidewalk should be provided in this area of South Hutchins Street. The developer of the English Oaks Subdivision, Mr. Robert Houston, 824 Mariposa Way, said he would be agreeable to dedicating additional right of way to provide for a bicycle path and he preferred to install landscaping on the private property rather than in the public right of way. Mr. Meyer then indicated that the final subdivision map and agreement for the English Oaks Subdivision would be submitted to the City Council in the near future and requested that it not be delayed pending adoption of this Specific Plan. He asked that the final map and agreement for English Oaks Subdivision be approved subject to the Council's final action on this Specific Plan and he assured the Council that if the Specific Plan is approved, the developer would meet whatever requirements were set down by the Council for the development of South Hutchins Street. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. After discussion by the Council, the Council agreed the Specific Plan should be referred back to the Planning Commission for further study. On motion of Councilman Hughes, Ehrhardt second, the Council directed the City staff to proceed with the subdivision agreement for the English Oaks Subdivision based upon the Specific Plan as - 2 - T, Minute- o' August 18, 1971 continued proposed, and referred the Specific Plan to the Planning Commission for further study in the area of improvement;, proposed behind the ::arb, i. e. , -urb, sidewalk, iandszap:ng, fencing and biz.•:cle path. APPEAL- Neti:e thereon: having beer. published in accordance with E. STAFFORD - law, Mayor Katni;-.h called for the public hearing on the CONTINUED appeal of ivirs. Edna Stafford of the Planning Commission's decision in denying her request for a change in zoning from the R -L, Single -Family Residential District to the R. -MD, Residential -Medium Density Distri_t for Lot 2.1 ;excepting the south 3 feet) of Lakeside Park (819 James Street;. Mr. Richard A-vey, Assistant Planner, presented a draw=ing of the parcel giving the zoning in the immediate area of the property. Mr. Avey explained that the Planning Commission's action to deny the request was based on the fact that approval of the request would per- mit multiple -family zoning on a street cohere only single-family zcning and land use existed. Mrs, Edna Stafford, 819 James Street, explained to the Coun:il that she and her mother live together at the James Street address and she wished to install kitchen facilities in an already existing room so that they might have separate cooking facilities. She said she did not necessarily wish to have the property rezoned. There being no other persons in the audience wishing to be speak on the matter, the public portion of the hearing was clo-ed. After consideration by the Council, Councilman Hughes moved the public; hearing be continued to September 1, 19%1 and dire,:ted the City Attorney and the Planning DPoartcnent to attempt to develop new wording to estab- li-h City policy which would allow two dwelling units under one roof without being classified as separate dwell'.ng unit= or duplex. The motion was seconded by Councilman Schaffer and carried by unanimous vote. RECESS The Mayor declared a five-minute recess and the Council reconvened at 10:45 p.m. PLA`,'\7%G COMMISSION The City Manager gave the following report of the City Planning Commission meeting of August 9, 1971: TINDELL The Planning Commission recommended the approval of REZON,i'N71 the request of Mrs, R.. M. Tindell, c/o Genie Land REQUEST Company, for the prezoning from the I -PA, Interim - Pr ore ::ti.•. e Ag: i :ultural District to Planned Develop- ment No. 6 iP-D(6)) for property bounded by the - 3 - 803 Minute o` August 18, 1971 continued future extension of West Elm Street on the north- the Elmha-.en S4bdi-:ision on the east; the Allen Manor Subdivi_ ion on the south; and Lower Sacramento Road or. the weet, ex:epting those two approximately one - acre partel- located at 40 and 60 North Lower Sacramento Road. On motion of Councilman Schaffer, Ehrhardt se;ond, the matter was set for public hearing on September 1, 1971. P -D - '. - LAND The Planning Commission also recommended the USE CHANGE approval of the request of Mr. John Capell that a portion of Planned Development District #1 (P-D(l)), which is located on the west side of Rutledge Drive adjacent to the Westlake Subdivision Unit #2 be approved for a change in land use by substituting eight duplex lots on a public street for the previously -approved apartment use at 15 units per acre, subject to certain conditions. On motion of Councilman Schaffer, Mayor Katnich second, the matter was set for public hearing on September 1, 1971. OF INTEREST The Planning Commission also took the following actions of interest to the Council: 1. Approved the Tentative Map of the Aladdin Gardens Subdivision, a 21.8 -acre tract encompassing that portion of the R. M. Tindell property which lies south of the future extension of West Elm Street and east of Lower Sacramento Road with certain conditions. 2. Determined that proposed improvement would be "a distinct benefit to the district in which such building or use is located" and approved the request of Mr. Ted Hochhalter for Lodi Nut Company for a Variance to permit the erection of a building to house a nut dryer which is to be relocated from an existing building on the site of a nonconforming industrial use at 1230 South Fairmont Avenue in ar. area zoned R-1. 3. By a tie vote of 4 to 4 denied the request of Mr. Peter Crou=her, c/o Lodi Rivergate, Inc. to desig- nate the extension of North Church Street in the Ri�, e r gate -Mokelumne Subdivision as Reverview Drive. COMMUtiICATIONS ABC A notice of Application for Alcoholic Beverage License LICENSE was received for ,lune G. and Kenneth M. Badgley, The Playboy, 7 South Sacramento Street, on sale beer, pereon-to-person transfer. - 4 - 304 Minutes of August 18, 1971 continued CHURCH ST. A letter was read from Mr. Victor Meyer, 41 South N OF TURNER Sacramento Street, on behalf of Lodi Rivargate, In-. , appealing the City Planning Commission's decision it. denying their request to designate the extension of North Church Street in the River gate -M okelumne Subdivision as Riverview Drive. The Council requested the matter to be on the agena for discussion at the next regular meeting. %IRS. MEYER.S The City Clerk read a letter from Mrs. Larry Meyers, RE E. CAMPUS 2356 Cabrillo Circle, requesting the City to conduct HIGH SCHOOL drills at the East Campus, Lodi High School, which would include taking people from the third floor windows of these buildings. The Council directed the City Manager to notify Mrs. Meyers that the City had little or no jurisdiction in this matter and it should be taken up with the Board of Trustees of the School District. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $221, 220.31 were approved on motion of Councilman Schaffer, Ehrhardt second. ACCEPT On motion of Councilman Ehrhardt, Hughes second, KETTLEMAN Li`l the City Council accepted the Kettleman Lane Sanitary SAN. SEWER Sewer Relocation as complete and authorized the Public Works Director to file the Notice of Completion on the project. ACCEPT On motion of Councilman Hughes, Schaffer second, the LAUREL AVE. City Council accepted the Laurel Avenue curb, gutter :NIPROVEMENTS and sidewalk improvements and authorized the Public Works Director to file the Notice of Completion on the project. PLANS & SPECS - On motion of Councilman Schaffer, Ehrhardt second, SliBD. PAVING the Council approved plans and specifications for Subdivision Paving for fiscal year 197 1 and authorized advertising for bids thereon. PLANS h SPECS - Or. motion of Councilman Schaffer, Ehrhardt second, _.IISC. STORM the Council approved plans and specifications for DR.A;%:S 1971 Miscellaneous Storm Drains - 1971 and authorized advertising for bids thereon. PLANS & SPECS - On motion of Councilman Schaffer, Mayor Katnich L. SACTO R.D, second, the Council approved plans and specifications for Lower Sa--ramento Road Median Strip and author- ized advertising for bids thereon. COUNCIL Mr. Arlie Preszler, architect for the remodeling of CHANIBER.S the Council Chambers, discussed the plan for the remcdeL.ng and estimated the cost for the project including the sound system to be approximately $12, 500. The Council, on motion of Councilman Schaffer, Ehrhardt second, authorized Mr. Preszler - 5 - 305 Minutes of August 18, 1971 continued to pro^eed with pians and specifi^ationa for the remodeling of the Council Chambers. PARKING ZONE City Manager Glaves reported that the Public Works REQUEST - E. Director had received a request from Mr. Edward LODI AVE. Hyske, owner of property at 502 and 508 East Lodi Avenue, for a loading zone in front of the building at 508 East Lodi Avenue. The Public Works Director had recommended the request be denied. The Council requested the matter be continued for discussion at the next regular meeting. UNSAFE BLDG The City Council introduced Ordinance No. 960 adopting 0RDINAti;%E a procedure for the repair, vacation and demolition of unsafe buildings on motion of Councilman Schaffer, ORD. NO. 960 Hughes second. INTRODUCED PLANS d: SPECS - On motion of Councilman Hughes, Schaffer second, the NISC STORM DRAIN Council adopted plans and specifications for the Municipal Service Center Storm Drain System and authorized advertising for bids thereon. LIBRARY The City Manager presented a contract with the State PROCESSING Department of Education, Division of Libraries, for SERVICE processing of books for the City's Library. On motion of Councilman Ehrhardt, Schaffer second, the Council RES. NO. 3539-8 adopted Resolution No. 35393authorizing the execution of the contra t. ',971-72 Councilman Schaffer moved the adoption of Resolution TAX RATE No. 3340 fixing the tax rate for fiscal year 1971-72 as follows: RES. NO. 3540 Genera'- Fund $0. 98 Pension Fund $0.20 Storm Drain Fund $0. 20 Library Fund $0. Zo Library Construction Fund $0. 10 $1.68 The motion was seconded by Councilman Ehrhardt, and carried by unanimous vote. LCC VOTING City Manager Glaves explained that correspondence DELEGATE had been received from the League of California Cities requesting that each City Council designate a voting delegate and an alternate voting delegate for the busmees session at the Annual League Conference in San Francisco, September 26-29, 1971. Councilman Schaffer then moved that Mayor Katnich be designated as the City's voting delegate and Vice Mayor Ehrhardt as the alternate voting delegate. The motion was seconded by Councilman Hughes and carried by unanimous -rote. . b - 3.06 Minutes of Aµgust 18, 1971 continued .'OLUNIEER On recommendation of the City Manager, Councilman EMPLOYEE Ehrhardt moved adoption of Resolution No. 3541 DISABILITY adopting a polio,- providing for volunteer employee BENEFITS disabiiity ber.ef'itS. The motion was seconded by RES. NO. 3541 Councilman. Schaffer and carried by unani.mous vote. S. REUSCHER. The City Manager presented an agreement between AGREEMENT Mr. Sam Reuscher and the City of Lodi concerning installation of a 4 -inch sanitary sewer lateral at 350 East Kettleman Lane. On motion of Mayor Katnich, Councilman Schaffer second, the Council approved the above agreement and authorized the City Manager to execute same on behalf of the City. REPORTS Mayor Katnich requested that a report concerning the REQUESTED rental of the Maple Square Fire House by The Mensch and a report of the Lodi Area Behavior Deterioration and Drug Abuse Council be submitted to the Council at the next regular meeting. ADJOURNMENT There being no further business, the meeting was adjourned on motion of Councilman Ehrhardt, Schaffer second, at 12. midnight. Attest:SSIE L. B NNEIT City Clerk - 7 -