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HomeMy WebLinkAboutMinutes - December 15, 1971 (4)366 CITY CO'.'-\TCIL, CITY OF LODI NEEDHA\1 SCHOOL, LITTLE THEATER DECEMBER 15, 197i A .regular meeting ,i t,t.• C:iy Council of the City of Lodi was held beginning at 8:05 p.m. ui W ednesdav, December 15, 1971 in the Needham Scnool. ROLL CALL Present: Councilmen - EHRHAR,DT,:.,HQGHES, KIRSTEN, SCHAFFER and KATNICH (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen and Planninb Director Schroeder. PLEDGE %layor Katnich led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Kirsten, Schaffer second, the Minutes of December 1, 1971 were approved as written and mailed after making the following corrections: Page 1 - Change "Mayor Kirsten" to "Mayor Katnich" led the Pledge of Allegiance to the flag. :l:ige 7 - Add to second paragraph from bottom of page the following, "The motion was seconded by Councilman Schaffer and carried." Delete the last three lines on page 7 and the first four lines on page 8 and substitute the following language: !ie requesters the Council to approve the concept accepting a deed at this time, taking possession the property now and arriving at a mutually satisfactory price for the property with the owner in the future. If the price cannot be agreed upon, then it would be necessary to file a condemnation suit. On motion of Councilman Schaffer, Katnich second, the Council approved the above recommendation of the City Attorney." PUBLIC HEARINGS STREET VACATION Notice thereof having been published and posted POR SUNSET DRIVE in accordance with lav, and affidavits of publica- tion and posting being on file in the office of the City Clerk, Mayor Katnich called for the public hearing on the recommendation of the Public Works Director to vacate a portion of Sunset Drive north of West Locust Street. Planning Director Schroeder introduced the mattei and explained that this portion of Sunset Drive recommended for abandonment had never been improved as a street and it was noted there was no present or future use for this portion of street. - 1- IrA:nutes of December 15, 1971 continued There was no one present in the audience wishing to speak on *h_s matter, and the puolic portion of the hearing v,as closed. On motion of Council- man Hughes, Schaffer second, the Council adopted its Order vacating a portion of Sunset Drive north of Nest -Loc.ust Street. AMEND :ZONING Notice fherF:of having been. puolished in accordance ORD. 7R -LD DIST, with law, and .affidavit of publication being on file in the offi-.e of the City Clerk, Mayor Katnich called ORD. NO. 90- for the publi.. hearing on the recommendation of INTRODUCED the Planning Commission to amend the City Code ;,"Zoning Orffinarv;eL thereby adding Section 27-6A, R -LD, Loin Density, X- lultiple-Family Residential District. Planning Dir.ectcr Schroeder introduced the matter ana explained the recommendation made oy the Planning Commission at its meeting of November 22, 11,47 1. Speaking in favor of the matter were Mr. Terry Piazza, 4 South Pleasant Avenue and Mr. Ralph Lewis, 31 South Church Street. There being no others wishing to speak in favor or against the proposal, the public portion of the hearing was closed. On motion of Councilman Schaffer, Hughes second, the City Council introduced Ordinance No. 965 . amending the Code of the City of Lodi (Zoning Ordinance) .hereby adding Section 27-6A, R -LD, Low Density, Multiple -Fancily Residential District, and establ;.sEng of -'-street parking requirements for two, three and four-farnily residences in the R -LD District. P -D DISTRICT �­ioti,.e thereci ha i.n, been published in accordance with law, and a� irit-.-_. of publication being on file ORD. NO. 966 in the office of the City Clerk, the ;✓Mayor called INTRODUCED for the pubiic hearing on the recommendation of the Planning Commission to amend the Code of the City of Lodi t7,onin6 Ordinance) Section 27-B, P -D, Planned De,; t loptr,F tit District, Subsection (f) Area Requirements to prr. ,ide that no Planned Development zone shall nt. approved for an area of less than ten (10) acres escF.pt that an area of two (2) to ten 110; a,.rF.s may be approved as a Planned Devel- opment zone ;f the fallowing criteria are met; a. The proposed development consists entirely of resi.dPntial uses. b. The prc:poled de-relopment does not exceed e1. e and one - half units per acre. Minutes of December 15, 1971 continued C. The parcel proposed for the planned develop- ment has certain unique characteristics that make it difficult to de;-elop, or the housing types proposed for the development cannot be erected within the restrictions of other sections of the Zoning Ordinance. Planning Di,ector Schroeder discussed the Planning Commission's recommendation and gave the basis for the above criteria. 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 Schaffer, Hughes second, the City Council introduced Ordinance No. 966 amending the Zoning Ordinance as stated above. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of December 13, 197 1: ABANDON The Planning Commission recommended the abandon - DEAD -END ment of a dead-end, unimproved street on the east STREET side of South Orange A� enue approximately 295 feet south of the centerline of West Lodi Avenue. RES. NO. 3577 The City Attorney advised the Council that the City had required the grantors to donate to the City the above described .strip of land to be used for a street if the future development of adjoining property required a street. The land was deeded to the City by Harold L. Merrill and Isabella F. Merrill, his wife, on October L9, 1969, but was never improved as a street. He explained that the City does net now require the strip of land for a street and recommended the property be deeded back to the grantors. On motion of Councilman Schaffer, Kirsten second, the Council adopted Resolution No. 3577 authorizing the Mayor and the City Clerk to execute a deed convevi.ng the above described parcel. to Harold L. Merrilland Isabella F. lie rri.il. ACTIONS OF Other actions of interest were as follows: INTEREST Instructed Chairman Avery T. Gassin to appoint a member of the Planning Commission to the Ccunty General Plan Advisory Committee without any further action from the Commission. This appointment was requFsted by Mr. Clifford Wisdom, Chairman, San Joaquin County Board of Super -.sons, Minutes ,of ­pecernbe.r i5, . 197i continued 2. Reaffirmed its act --on of Nci-esnber 25, 1969 and recommended to the San Jcaquin County Board of Zoning Adjustment the approval of the request of the Sanitary City Disposal Company for a Use Permit to add a solid waste transfer station to an existing garbage company corpora- tion yard at the northern terminous of Cluff>;1-7; Avenue, in an area zoned 1 -PA, Interim -Protective Agricultural. 3. Approved the Revised Tenta ti,re Map of Aladdin Gardens Subdi-;:sicn, a 2:, $-acre tract encom- passing that. portion of the R. M. Tindell .property which lies .south of the future extension of::West Elm. Sltreet .and east of Lower Sacramento Road. 4. Approved the.- request of. Grand Auto, Inc, by Mr. Donald Rombough for a LTse Permit to establish an automotive service center which:... includes. the sale of gasoline and an automated car wash within an enclosed building at the southeast corner- of .Nest Lodi Avenue and .. South Hutchins Street. Besides. thestandard conditions for automobile service- stations, the Use Permit was conditioned upon_(1) the closing of a driveway on South Hutchins. Street and (2) the installation of an automated._ sprinkler system for the landscaping. 5. Approved yhe. request of Dr. Walter Howen for A .Variance to reduce the required front yard from 20 feet. to 10: feet at the end of a cul-de-sac at 1106 Graffigna S•.rf?et in an area zoned R-2, Single -Family Residential, 6.. Approved the request of -1v1r. R. J. Thorpe for a Use Perm, to relocate an existing automobile service station building from the northwest corner of West Lodi Avenue and South Hutchins to the northwest corner of South Central Avenue and Flora Street in an . axea -zoned: G- 1, Neighborhood Commercial. COMMUNICATIONS LAKE -PARK A letter was re-cei--ed from the George Washington PTA expressing its desire for the City to purchase acreage east of Lodi Lake Park for recreational facilities. PRIEST CLAIM A Claim filed by Attorney Leroy F. Parker, 114 REJECTED - North San Joaquin Street, Stockton, cn behalf of Tim Allen Priest, a'minor, by and through his father and naiural guardian, Lcnnie E, Priest, in the sum cf $10,000 for false arrest was received. 4 X70 Minutes of December 15,- 1971 continued On motion of Councilman Kirsten, Schaffer second, the claim was rejected and referred tc the City's Agent of Record. J. BACARRO Mayor Katnich presented a letter of resignation RESIGNS received from Mr. Joseph Bacarro, the City's FROM C.A.C. representative to the Board of Directors of the Community Action Council of San Joaquin County, Inc. On motion of Councilman. Ehrhardt, Kirsten second, the Council accepted with regrets the res- ignation of Mr. Bacarro. JAPANESE The Mayor also read a letter of appreciation STUDENTS received from the young men from Japan studying agriculture in Oregon and who recently visited Lodi. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $122, 87 1. 38 were approved on motion of Councilman Ehrhardt, Kirsten second. ENGLISH OAKS The City Manager presented for discussion the DEVELOPMENT proposal of the developers of the English Oaks Manor, Westmont Development Company. Copies of the proposal were received by the Council prior to the meeting. The proposal of the Westmont Development was that the City accept the small "common area" designated on the plan as Parcel H, for development and maintenance. In exchange for the City's acceptance of the maintenance obli- gation, the Company would obligate itself to paying the City $150 for each unit constructed until the sum reaches .$150, 000. These funds would then be used by the City for construction of a swimming pool. Nfr. Robert Houston, Secretary of Westmont Development Company, and Mr. Victor Meyer, President of Westmont Development Company, 41 South Sacramento Street, were in the audience and discussed their proposal. Parks and Recreation Director Ed DeBenedetti, who was also in the audience, said he had not had an opportunity to discuss the proposal with the Parks and Recreation Commission and suggested the matter be referred to that body as well as the Planning Commission for study. After discussion by the Council, Councilman Kirsten moved the above matter be referred to the Parks and Recreation Commission and the Planning Commission for study and recommendation, LIGHTING - On motion of Councilman Kirsten, Ehrhardt second, LAWRENCE the City Council approved the lighting for Lawrence BASEBALL PARK Baseball Park as recommended by the staff (alternate 4). -5- Minutes of December 15, 1971 continued TRANSFER City Managei Glaves presented a request received OF FUNDS from the Parks and Recreation Director for approval of transfer of funds. He explained that funds had been budgeted in the 1971-72 budget for constructing platforms on the light towers at the Stadium in the amount of $6,000. Funds were not included in the budget for the sand to extend the beach at Lodi Lake Park. Mr. Glaves explained that the cost for construction of the platforms on the light towers would be approximately $3,000 and that river sand was now available to the City at a very reasonable cost. He recommended the City Council authorize the transfer of the unused funds from the platform project to permit taking advantage of acquiring the sand for the beach area at a reasonable cost. On motion of Councilman Ehrhardt, Kirsten second, the Council authorized the transfer of funds in the amount of $3,000 from the Stadium lighting project to the Lake Park beach sand acquisition project. FLOOD & The City Council, on motion of Councilman Kirsten, MUDSLIDE Schaffer second, unanimously adopted Resolution INSURANCE No. 3575 qualifying the City of Lodi for Federal flood and mudslide insurance. RES. NO. 3575 MASTER City Manager Glaves stated that at a previous METERING meeting the question of permitting developers of POLICY mobilehome parks to receive electric service through master meters and maintaining a private distribution system within the park had been discussed. Since there are presently two major mobilehome parks in the planning stage, he asked that the City's present policy permitting master meters be reviewed at this time. After discussion of the advantages and disadvantages of master metering, Councilman Kirsten moved Council approval of the City permitting master metering in mobilehome parks. The motion was seconded by Councilman Ehrhardt and carried with Councilman Schaffer voting no. COUNCIL _Mr. Fred Heagarty, Jr., of Heagarty Furniture CHAMBERS and Interiors, 210 West Pine Street, discussed the carpet, drapery and color samples which the architect had chosen for use in the Council Chambers. AWARD - Only one bid was received for the three compact AUTOMOBILES automobiles. The bid was from Weil Motors in the amount of 55,829.75. The City Manager rec- RES. NO. 3576 ommended the award be made to Weil Motors. On motion of Councilman Schaffer, Kirsten second, the Council adopted Resolution No. 3576 awarding the contract for the furnishing of three compact automobiles to Weil Motors for the amount of the bid. -6- Minutes of :December 15, 1971 continued VACATE City Manager-Glaves reported that the Public Works EASEMENT - Director had recommended that the City CCuncil ROYAL. CREST 41 abanden an easement adjacent to the Royal Crest Subdi-rision Unit No. 1. The easemen!� was dedi- cated I to the City .on October 5, 1967. The Public Works Department had determined there was no present or future use for the easement. On ;Hotton of Councilman Kirsten, Ehrhardt second, the. Council 4depted its Order vacating a certain easement adjacent to the Royal Crest Subdivision Unit No. I_ Councilman Schaffer abstained from -..the discussion :and voting because of a possible : c,onflict. of _interest. „ R. ENGELSON - Mr.. Rabert-E. Engelson,.,,301 North Crescent Avenue, ENGLISH OAKS addressed. the Council concerning the discussion DEVELOPMENT earlier in the meeting relative to the Westmont Development.Company's.proposal to dedicate to the City- the. "common area" in the English Oaks Manor Subdivision. Mr. Engelson, who is a member of the Lodi Unified School District Board of Trustees, stated.,he, was speaking as a- citizen and not as a member of the School Board. He. felt the discus- sion, with Mr. - Houston- and Mr. Meyer earlier, in the meeting_,had,indicated a kindergarten through sixth grade school was planned in the area of English Oaks Manor. He said he wished to make it clear that the School District owned no property in this area and it was indefinite as to whether or not a school would be built in the area, The -Council and the City. Manager pointed out that, in. the previous discussion, they were referring only to the plan that had been submitted by the developerand it was understood there were no definite plans fara..school in this area, .EXECUTIVE The Council adiou_rned to executive session to SESSION discuss personnel matters at 10;00 p.m. The Council, -reconvened-at approximately 10:15 p.m. UNCLASSIFIED • -. Coan4 man .Kirsten moved adoption of Resolution PERSONNEL No..,35.78riacr.easing .the salary of the City Manager, SALARIES City Attorney and City Clerk by 5 1/27o per month effective July- 1, 1971; provided, however, should RES. NO. 3578 any governmental- agency rule against such effective date, then the effective date of the increase in salary shall be November 15, 1971. The motion was seconded by Councilman Schaffer and carried by unanimous vote. The above three salaries were increased to the following amounts= City Manager - $2057 per month City Attorney - •$ 923 per month City Clerk $ 106 per month ,J Minutes of December 15, 1971 continued R. FULLER - Mayor Katnich stated he wished to reappoint NSJMAD Mr. Robert S. Fuller to the Board of Trustees of the Northern San Joaquin Mosquito Abatement District and asked the Council's concurrence. On motion of Councilman Schaffer, Ehrhardt second, the Council concurred in the above appointment. ADJOURNMENT There being no further business, the meeting was adjourned on motion of Councilman Kirsten, Ehrhardt second, at approximately 10:20 p.m. Attest: BESSIE,,L./BENNET� City Clerk -8- 378