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HomeMy WebLinkAboutMinutes - July 3, 1968226 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 3, 1968 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, July 3, 1968 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BROWN, CULBERTSON, KIRSTEN, SCHAFFER Joe D. Blanke and HUNNELL (Mayor) Jack R. Also present: City Manager Glaves; Assistant City Manager Gary C. Mai Peterson; City Attorney Mullen; and Planning Director Schroeder. PLEDGE Mayor Hunnell led the Pledge of Allegiance to the flag. Dewey E. Kirsten, MINUTES On motion of Councilmanf, Brown second, Minutes of the June 19, Edens 1968 meeting were approved as written and mailed. Clinton E. Faul PRESENTATIONS WASTE WATER Mayor Hunnell presented certificates of completion to three City TRAINING employees who had completed a training course in waste water COURSE collection and treatment. They were Pete Horst and Gary Ahart, Jess J. Grade IV, and Waldon Klaffke, Grade I. BASIC Mayor Hunnell presented certificates of completion to the ELECTRICITY following City employees who completed a training course in COURSE "Basic Electricity". They were: James T. Baker Waldon L. Klaffke Olaf B. Bingen Robert D. Linton Joe D. Blanke Charles D. Loftus Jack R. Brown Gary C. Mai David J. Comer Marvin B. Miller Dewey E. Crim Ed Muller Dale F. Edens Erwin G. Rall Clinton E. Faul Donald L. Seibel Frank Graffigna Al J. Thurman Fred M. Henne Mike G. Williams Jess J. Kerekes, Jr. Darrell J. Wilson PUBLIC HEARINGS REZONING sT Notice thereof having been published in accordance with law, 728 N.CHURCH *!OE. Mayor Hunnell called for public hearing on the proposal to rezone & 120 LOUIE AVE. property at 728 N. Church Street and 120 Louie Avenue from the FROM R-3 TO R-4 R-3, Limited Multiple -Family Residential zone to the R-4, Multiple -Family Institutional Residential zone. Planning ORD. NO. 865 Director Schroeder reviewed the background of the request and INTRODUCED said the Planning Commission had approved the rezoning. Mr. David Melcher, Realtor, 218 N. Cherokee Lane, representing the property owner, said rezoning the parcels would allow them to be developed to their highest and best use. After a brief discussion, Councilman Kirsten moved the introduction of Ordinance No. 865 rezoning the property at 728 N. Church Street and 120 Louie Avenue from the R-3, Limited Multiple -Family Residential zone to the R-4, Multiple -Family Institutional Residential zone. The motion was seconded by Councilman Brown and carried unanimously. AMEND ZONING Notice thereof having been published in accordance with law, ORD. RE Mayor Hunnell called for public hearing on the proposal to amen" NO -FEE FENCE Chapter 27 of the Lodi City Code to provide for a no -fee permit PERMIT for fence construction. There being no one desiring to speak on this proposal, the public portion of the hearing was closed. ORD. NO. 863 Councilman Brown moved the introduction of Ordinance No. B63 INTRODLVED amending Chapter 27 of the Lodi City Code to provide for a no -fee permit for fence construction. The motion was seconded by Councilman Kirsten and carried unanimously. -1- 227 Minutes of July 3, 1966 cor.tinued APPEAL - Public hearing on the appeal of Mr. Konrad Munsch from the KCVRAD decision of the City Planning Commission denying his variance MUNSCH request to reduce the required 5 -foot side yard to O feet on a parcel zoned "M" Industrial which is adjacent to a parcel zoned R-4, Multiple -Family -Institutional Residential at 321 N. Sacramento St. having been continued from the meeting of June 19, 1968, Mayor Hunnell requested information on this matter Councilman Schaffer, owner of the adjacent parcel abstained from the discussion and decision. Planning Director Schroeder outline the request, Mr. Munsch, 116 S. Ham Lane, said he desired to build to the property line because he wanted to use all of his land, Councilman Brown said he felt the request was proper be- cause the development would improve the property and the owner should be able to build to the property line in industrial zones. Mayor Hunnell explained that the ordinance protects residential properties from adjacent industrial uses because it provides for light and air. Councilman Kirsten said he felt the variance could not be granted under the terms of the existing ordinance. Stating he felt the ordinance was just in protecting residential property owners, he moved the appeal be denied. The motion was seconded by Councilman Culbertson and carried by the following vote; Ayes: Councilmen - Culbertson, Kirsten and Hunnell Noes: Councilman - Brown Absent: Councilman - None Abstain: Councilman - Schaffer PLANNING COMMISSION ABANDONMENT At its meeting of June 24, 1968 the City Planning Commission OF EASEMENT recommended to the City Council approval of the request of Lodi WESTLAKE Properties Investment Company for the abandonment of a twenty - SUBDIVISION foot Planting and Public Utilities Easement along the east line of Lots 35 through 48, inclusive, of the Westlake Subdivision RES. NO. 3196 adjacent to General Mills under the following conditions: a. That the 20 -foot Landscaping Easement be completely abandoned; and b. That the west 12 feet of the 20 -foot Public Utility Ease- ment be abandoned except along the north 5 feet of Lot 48 - where the total easement should be retained as a Public Utility Easement. Councilmen Schaffer and Kirsten abstained from the discussion and decision because of personal interests. Councilmen Culbertson moved the adoption of Resolution No. 3196 declaring the City's intention to abandon the easements as out- lined above, and setting the public hearing thereon for July 17, 1968, The motion was seconded by Councilman Brown and carried by a vote of 3-0 with Councilmen Kirsten and Schaffer abstain- ir_g, OTHER ACTIONS Other actions of the Planning Commission at its meeting of June 24, 1968 were as follows.- 1. ollows; 1, Recommended to the San Joaquin County Planning Commission the approval of the request of Mr. Jacob Huber for a change in zoning from the R-lU, Single -Family Residential zone to the R-4 Multiple -Family Residential zone for a parcel on the west side of Chestnut Street, South of Indiana Street in the Town of Woodbridge, -2- 228 Minutes of July 3, 1968 continued 2. Denied the request of Mr. Harry Larides to permit the increase in the maximum allowable sign area at the New Yorker Cafe, 110 North Cherokee Lane to permit the erection of a "reader board" over the entrance to a banquet room in an area zoned C-2, General Commercial. 3. Approved the request of Sandy's Restaurant on behalf of Mr. Arnold D. Feuerstein for a use permit to erect a restaurant at the south-west corner of West Kettleman Lane and South Church Street in an area zoned C -S, Commercial Shopping with the following conditions: a. Planning Commission approval of the final driveway pian; b. The owner of the shopping center, Mr. Arnold D_ Feuerstein, agreeing (1) to construct a screen wall previously required on the west side of the truck - loading zone behind Albertson's Super Market; (2) to accept the revised driveways as approved by the Planning Commission and (3) to provide the means to assure that all existing and future landscaping will be maintained in a neat and orderly manner. C. The owner of the shopping center providing a Per- formance Bond in the amount determined by the City Public Works Director to assure the construction of the screen wall and the maintenance of the landscaping. 4. Approved the request of Ad -Art, Inc. on behalf of Mr. Arnold D. Feuerstein for a variance to erect a pole sig for a proposed Sandy's Restaurant at the southwest corner of West Kettleman Lane and South School Street in an area zoned C -S, Commercial Shopping subject to the approval of final sign design by the Planning Commission. 5. Instructed the City staff to work jointly with Mr. T. J. Hallinan and his design representatives in the preparation of an urban development study of the area bounded by the Mokelumne River, the Central California Traction Company right-of-way, Victor Road, and the U. S. 50-99 Freeway and established that the purposes of the study are to determine: a. the amount of area in the proximity of the river which feasibly could be used for residential purposes; b. the design and location of East Turner Road; C. the areas to be devoted to industrial development; and d. the means of making the residential and industrial areas compatible neighbors. COMMUNICATIONS ABC LICENSE The following notices of application for alcoholic beverages licenses were read: 1. Person -to -Person (Dropping Partner) by R. I. Quinn at Quinn's, 21 N. Sacramento Street, Off -Sale General. 2. Person -to -Person (Dropping Partner) by R. I. Quinn at Quinn's, 21 N. Sacramento Street, On -Sale General Public Premises -3- 229 Minutes of July 3, 1968 continued REPORTS OF THE CITY MANAGER CLAIMS ORDER OF ABANDON- MENT VIRGIL BAKER ALLEY CI TY EMPLOYEES RESIDENCY REQUIREMENT Minutes of 7/17/68 NORTHERN CALIFORNIA POWER AGENCY AGREEMENT APPROVED RES. NO. 3197 ADOPTED Claims in the amount of $183,877.10 were approved on motion of Councilman Kirsten, Schaffer second. City Manager Glaves reviewed the background of the abandonment of the north -south alley between Church and School Streets connecting Chestnut Street and Lodi Avenue. The property is owned by Mr. Virgil Baker, 305 S. School Street who contem- plates a major development encompassing the entire block. The City Manager stated the property owner is paying for the relocation of the utilities and that this relocation is underway. On motion of Councilman Kirsten, Brown second, the City Council unanimously adopted an order of abandonment calling for the abandonment of said alley. City Manager Glaves explained the existing administrative policy regarding the residency requirement for City employees. He said all permanent employees are required to live within the City limits unless they have received permission from the City Manager to live elsewhere. At the request of City employees the policy has been reviewed and a survey made of prevailing practices in other cities. Based on changing conditions and the results of the survey, the City Manager recommended that City employees be required to live in that portion of San Joaquin County north of Eight -Mile Road, except that the City Manager, Department Heads and all Fire Department personnel be required to live within the City limits. He cited the Fire Department was excepted because of the critical nature of their work, specifically making off-duty responses to fires. The City Managei and department heads were excepted because of the sensitive nature of their work in recommending policy to the City Council affecting property owners. Councilman Culbertson said it appeared the current policy did not seriously hinder recruit- ment of employees. Councilman Schaffer said he felt it reason- able that employees should have the benefit of rural living if they choose. He said he agreed with the City Manager that Eight -Mile Road was a logical boundary; that it generally represented the southern boundary of the Lodi trading area. Councilman Kirsten stated the area should not be limited to Eight -Mile Road, and he moved the recommendations of the City Manager be approved except that it be left to the judgment of the City Manager as to where employees may live, depending on the sensitive and/or emergency nature of their work. His motion was seconded by Councilman Culbertson. Councilman Brown said he felt employees should live in the immediate Lodi surround- ings. Mayor Hunnell stated employees should live in the City as :ouch As possible. Councilman Culbertson said he felt the matter was /a great problem, but he didn't want to see the City Manager forced into the position of being the judge in each individual request for interpretation of a residency requirement. He then proposed a substitute motion to continue the matter to the next regular meeting July 17, 1968 to allow the Council more time to study the proposal. The motion was seconded by Councilman Kirster and carried unanimously. The City Manager presented the Joint Powers Agreement calling for the formation of the Northern California Power Agency. The agreement was prepared under the provisions of the Joint Exercise of Powers act contained in the Government Code. The agency would be constituted to represent the interests of those cities interested in the generation and transmission of power and to raise the necessary funds required to secure legal and engineerinc services to further these aims. The City Manager explained that the present organization, the Northern California Municipal -4- 230 Minutes of July 3, 1968 continued Electric Association has gone as far as it can go and does not have the resources to pursue the matter further. In summari- zing the provisions of the agreement, he said the maximum assessment that could be charged the City of Lodi would be about $3,000 per year. He recommended the Mayor be authorized to execute the agreement. Councilman Kirsten moved the adoption of Resolution No. 3197 authorizing the Mayor to authorize the agreement in behalf of the City of Lodi. The motion was seconded by Councilman Culbertson. Councilman Schaffer asked if this agreement could result in a joint venture between government and private enter- prise. The City Manager said this would be possible, if private enterprise so desired. Mayor Hunnell stated the formation of the agency would result in a great benefit to the citizens of the City of Lodi. The question was called and the motion carried unanimously. COUNCILMAN Mayor Hunnell explained that each member of the Northern KIRSTEN California Power Agency appoint a representative to that body. APPOINTED The Mayor appointed Councilman Kirsten as that representative TO NCPA with Mayor Hunnell serving as alternate. On motion of Council- man Culbertson, Schaffer second, the Council approved the appointments, LODI City Manager Glaves said officials of the Lodi Academy have ACADEMY requested the rezoning of a portion of their property on the REZONING northwest corner of Cherokee Lane and Kettleman Lane, a parcel 400 x 410 feet presently zoned R-4, Multiple -Family Institu- tional Residential, to C-2, General Commercial. Councilman Schaffer said he felt the request was logical because it would concentrate development rather than risking strip development. Councilman Culbertson expressed the desire to have more informs on the matter. He said the Academy officials had not discussed their plans with the Council or other City officials. Council- man Kirsten stated the school fronting on Highway 12 was not practical and he viewed the request as proper. Councilman Culbertson was of the opinion the school would cause no problem with existing zoning because he viewed no ingress or egress on Kettleman Lane. Councilman Kirsten moved to initiate this action and refer the matter to the Planning Commission. The motion was seconded by Councilman Schaffer, and carried by the following vote: Ayes: Councilmen - Brown, Kirsten, Schaffer and Hunnell Noes: Councilman - Culbertson TRAFFIC A report concerning traffic lane striping at the intersection LANE STRIPING of Ham Lane and Lodi Avenue was presented by the City Manager. The report concerned itself primarily with traffic counts and HAM LANE & delays at that intersection. Councilman Culbertson said if LODI AVE:NIUE the City is to red zone certain curbs, the sooner the better because it would cause less hardship on property owners as their property develops. Mayor Hunnell said he desired more time to study the report since it contained considerable information. On motion of Councilman Brown, Culbertson second, discussion of the report was delayed to the next regular meetir. July 17, 1968. WESTWOOD City Manager Glaves presented a brief report concerning street AVENUE improvements on Westwood Avenue and the opening of this street STREET from its present break north to Lake Street. Councilman Brawn IMPROVEMENTS said he felt the City should put in the street improvements and -3- 281 Minutes of July 3, 1968 continued VINEWOOD PARK PLANS & SPECS - Plans and specifications for the construction of a sanitary LOCKEFORD ST. sewer line on West Lockeford Street from North Pleasant Street SANITARY to North Sacramento Street were approved and calling for bids SEWER authorized on motion of Councilman Kirsten, Schaffer second. SPECS - Specifications for the construction of Water Well #14 in Twin WATER WELL Oaks Park were approved and calling for bids authorized on :14 motion of Councilman Culbertson, Schaffer second. City Manager Glaves explained that the pump motor had burned out at Well =13 at Corbin Lane and Lower Sacramento Road. He said a new pump motor would be installed at Well #13, with the repaired motor previously at Well #13 to be installed at Well #14. SPECS - Specifications for the purchase of a mobile hydraulic hammer MOBILE HYDRAULIC were approved and calling for bids authorized on motion of HAMMER Councilman Brown, Kirsten second. SWIMMING & City Manager Glaves reported the City has received some TENNIS FACILITIES complaints regarding over -crowded tennis and swimming facili- ties. He said the Lodi Academy has offered the Recreation ACADEMY and Parks Department use of its tennis courts and swimming OFFER pool to relieve this pressure. The Academy has asked the City to nay the power bill when using the courts and also to stripe them. The estimated cost to the City is less than $250 per year. The City Manager recommended that a reasonable charge be paid for the use of the pool also. The Council expressed its appreciation of the offer and instructed the City Manager to pursue it. -6- open the street. The City Manager pointed out that not every- one along the streets wants it to go through to Lake Street. Planning Director Schroeder pointed out that the City does not - know when or how the property will be developed and thus the placing of utilities is a problem. Councilman Schaffer said he felt it wouldn't be wise to proceed with street improvements and then have to tear up the work at a later date for utility connections. Councilman Brown suggested the City contact Mr. Gordon Nichols, one of the property owners involved who has raised the question, and inform him the City will make the improvements when the property develops. Mayor Hunnell instructed the City Manager to contact Mr. Nichols regarding his plans and report :o the Council the results of that discussion. AWARD Bids for the supplying of the City's annual need for power POWER POLES poles were presented as follows: RES. NO. 3198 Niedermeyer - Martin Co. $15,666.00 ADOPTED McCormick & Baxter 16,823.89 J. H. Baxter & Co. 16,988.74 Koppers Company, Inc. 19,641.41 The City Manager recommended the award be made to the low bidder. On motion of Councilman Kirsten, Schaffer second, the Council adopted Resolution No. 3198 awarding the contract for the supplying of power poles to the low bidder, Niedermeyer - Martin Co. PLANS & Plans and specifications for turfing and sprinklers in Vinewood SPECS - Park were approved and calling for bids authorized on motion TURFING & of Councilman Kirsten, Schaffer second. SPRINKLERS VINEWOOD PARK PLANS & SPECS - Plans and specifications for the construction of a sanitary LOCKEFORD ST. sewer line on West Lockeford Street from North Pleasant Street SANITARY to North Sacramento Street were approved and calling for bids SEWER authorized on motion of Councilman Kirsten, Schaffer second. SPECS - Specifications for the construction of Water Well #14 in Twin WATER WELL Oaks Park were approved and calling for bids authorized on :14 motion of Councilman Culbertson, Schaffer second. City Manager Glaves explained that the pump motor had burned out at Well =13 at Corbin Lane and Lower Sacramento Road. He said a new pump motor would be installed at Well #13, with the repaired motor previously at Well #13 to be installed at Well #14. SPECS - Specifications for the purchase of a mobile hydraulic hammer MOBILE HYDRAULIC were approved and calling for bids authorized on motion of HAMMER Councilman Brown, Kirsten second. SWIMMING & City Manager Glaves reported the City has received some TENNIS FACILITIES complaints regarding over -crowded tennis and swimming facili- ties. He said the Lodi Academy has offered the Recreation ACADEMY and Parks Department use of its tennis courts and swimming OFFER pool to relieve this pressure. The Academy has asked the City to nay the power bill when using the courts and also to stripe them. The estimated cost to the City is less than $250 per year. The City Manager recommended that a reasonable charge be paid for the use of the pool also. The Council expressed its appreciation of the offer and instructed the City Manager to pursue it. -6- 232 Minutes of July .3, 1968 continued KETTLEMAN Mayor Hunnell asked the City Manager if a recent newspaper LANE article concerning State Division of Highways construction GRADE schedules inferred that the Kettleman Lane grade separation SEPARATION would be delayed. Mr. Glaves said he had contacted the Division 10 Engineer who said to the best of his knowledge there is no delay at this time. Councilman Kirsten said Division 10 officials should be reminded the citizens of Lodi are buying time with their $200,000 offer of participa- tior. in this project. He said he felt progress was not as rapid as it might be and expressed concern for the delay in setting the public hearing by the State on this project. Councilman Culbertson said he knew Division 10 was proceeding with work on this project. Mayor Hunnell asked the City Manager for a report at the next regular meeting, July 17, 1968, and also asked that Division 10 officials be reminded that the City of Lodi has offered to hold the public hearing in its Council Chambers. BROWN ACT Mayor Hunnell asked City Attorney Mullen for information con - EXTENSION cerning a bill before the State Legislature uthiich would extend the provisions of the Brown Act to committees of legislative bodies. The City Attorney briefly explained the provisions of the bill and said the League of California Cities is working in opposition, to it. He suggested the Council contact State Senator Alan Short to express its desire for the defeat of the bill. City Manager Glaves was instructed to do so. DISCCNTINUE Mayor Hunnell read a letter he had received from Mr. C. H. S.P.TRAIN Purkiss, Chairman of the California State Legislative Committee of the Brotherhood of Railway, Airline and Steamship Clerks, urging the City's protest of the proposed discontinuance of service to Lodi of the Southern Pacific's train the "San Joaqui7 Daylight." A public hearing regarding this has been scheduled for Tuesday, July 23, 1968 at 10:00 a.m. in Stockton City Council Chambers, The Mayor asked the City Manager for a report con- cerning the use of this train in traveling to and from Lodi, to be discussed at the next regular meeting, July 17, 1968 BOARDS AND COMMISSIONS APPOINTMENTS Mayor Hunnell announced he had made the following appointments to City Boards and Commissions and asked the Council's concur- rence; To the Planning Commission.: Dr. Dean N. Robinson Fred L_ Muther (4 -yeas terms expiring June 30, 1972) To the Library Board: Dr. W. J. Coffield L. W. Verne Howen (3 -year terms expiring June 30, 1971) On motion of Councilman Schaffer, Culbertson second, the Council concurred in these appointments. Mayor Hunnell said he would inform the appointees of this action by letter, also expressing the Councils appreciation for public service of these citizens. ORDINANCES OPERATING Ordinance No. 864 entitled "ADOPTING AN OPERATING BUDGET FOR THE BUDGET SUPPORT OF THE VARIOUS DEPARTMENTS OF THE CITY OF LODI FOR THE 1968-69 FISCAL. YEAR BEGINNING JULY 1, 1968 AND ENDING JUNE 30, 1969" having been introduced at the meeting of June 19, 1968 was ORD. NO. 869 brought up for passage on motion of Councilman Kirsten, ADOPTED Culbertson second. Second reading was omitted after reading by -7- ADJOURNMENT' J 233 Minutes of July 3, 1968 continued title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Brown, Culbertson, Kirsten, Schaffer and Hunnell. Noes. Councilmen - None Absent: Councilmen - None There being no further business, the meet" g djourned a 10:36 p.m. Attest: THOMAS A. PE SON Deputy City Clerk -8-