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HomeMy WebLinkAboutMinutes - March 7, 1979IA mo CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH 7, 1979 A regular meeting of the City Council of the City of Lodi was held - beginning at 8:00 p.m., Wednesday, March 7, 1979 in the City - Hall Council Chambers. - ROLL CALL Present: Councilmen - Hughes, Katnich, - Katzakian, McCarty and Pinkerton (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronska; Community Development Director Schroeder, Assistant City Attor- ney C. M. Sullivan, and City Clerk Reimche. INVOCATION The invocation was given by Reverend James Holm, Pastor, Vinewood Community Church. PLEDGE Mayor Pinkerton led the Pledge of Allegiance to the flag. MINUTES Mayor Pinkerton asked to abstain -from voting on the approval of the February 21, 1979 Minutes as he was not present at that. meeting and could not express his approval as to the accuracy of the Minutes. - On motion of Councilman Katnich, Katzakian second, Council approved the Minutes of February 21, 1979 as written and mailed by the following vote: Ayes: Councilmen - Hughes, Katnich, Katzakian, and McCarty Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Pinkerton 270 Minutes of March 7, 1979, continued PUBLIC HEARINGS Notice thereof having been published in accor- dance with law and affidavit of publication being on file in the office of the City Clerk, Mayor Pinkerton called for the Public Hearing to con- s ide r: Following Council discussion, Council, -on motion of Mayor Pro Tempore Katzakian, Katnich second, continued the public hearings on the aforementioned matters to 8:00 p.m., Wednesday, April 4, 1979. REQUEST TO a) the City Planning Commission's recommen- STORM DRAINAGE dation that the City Council certify as adequate RETENTION BASIN the Final Environmental Impact Report for PARK C-2 & PRO- Storm Drainage Retention Basin Park C-2. POSED AMENDMENT consider vacating a portion of an east -west alley, TO THE MASTER b) the City Planning Commission's recommen- STORM DRAINAGE dation that the City Council amend the Master PLAN RE C-2 BASIN Storm Drainage Plan by eliminating Storm PUBLIC HEARINGS Drainaee Retention Basin Park C-2, which is CONTINUED proposed for the area bounded by Kettleman Lane on the north, Beckman Road on the east, Cherokee Memorial Park Cemetery on the south and State Highway Route 99 on the west and moving the required storage capacity to Storm Drainage Retention Basin C- 1 at the southeast corner of Beckman Road and East Vine Street. The matter was introduced by City Manager Glaves who announced that the City Staff is presently developing a proposed alternate and has requested additional time to refine this proposal. Following Council discussion, Council, -on motion of Mayor Pro Tempore Katzakian, Katnich second, continued the public hearings on the aforementioned matters to 8:00 p.m., Wednesday, April 4, 1979. REQUEST TO Notice thereof having been published and posted in VACATE PORTION accordance with law and affidavit of publication and OF AN EAST -WEST posting being on file in the office of the City Clerk, ALLEY NORTH OF Mayor Pinkerton called for the Public Hearing to WEST LODI AVENUE consider vacating a portion of an east -west alley, ON THE EAST SIDE north of West Lodi Avenue on the east side of South OF SOUTH HUTCHINS Hutchins Street. STREET DENIED The matter was introduced by Public Works Director Ronsko who apprised the Council that this alley was originally dedicated in October of 1908 and apparently sometime after that date, under- ground utilities were installed and the alley con- structed. As it turned out, the improvements were not totally within the right-of-way granted. As a consequence, the occupied alley and the dedicated alley are in two different places. A diagram depict- ing these facts was presented for Council's perusal. Speaking in support of the proposed vacation was Mr. Maurice O. Ray, Jr., 801 South Fairmont Avenue, Lodi. Speaking in opposition to the proposed vacation was Mr. Don Campbell, 412 W. Walnut Street, Lodi. -2- Minutes of March 7, 1979, continued 271 REQUEST TO There being no other persons in the audience VACATE PORTION wishing to speak on the matter, the public OF ALLEY (Cont'd) portion of the hearing was closed. A lengthy Council discussion followed with questions being directed to Mr. Ray, Mr. Campbell and to Staff. On motion of Mayor Pro Tempore Katzakian, Hughes second, Council denied the request to vacate a portion of an east -west alley, north of West Lodi Avenue on the east side of South Hutchins Street. The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, Katzakian, and Pinkerton Noes: Councilmen - McCarty Absent: Councilmen - None PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of - February 26, 1979: REQUEST TO The Planning Commission - VACATE PORTION -OF AN EAST -WEST 1. Recommended to the City Council that the ALLEY NORTH OF request of Mr. Maurice O. Ray, Jr. to WEST LODI abandon a portion of an alley on the east AVENUE ON THE - side of South Hutchins Street between West EAST SIDE OF Walnut Street and West Lodi Avenue be SOUTH HUTCHINS denied. STREET The Commission's recommendation was predicated on its inability to make the finding that no public need existed for the area requested for abandonment. It was the Planning Commission's position that no abandonment should be approved until the City was guaranteed that 20 feet of'public right-of-way existed for the alley. ITEMS OF INTEREST The Planning Commission also - 1. Denied the request of Mr. Maurice O. Ray, Jr. for a Use Permit to install a boat dock and terrace at 1234 Rivergate Drive (i, e. , Lot 46, Rivergate Mokelumne) in an area zoned F -P, Floodplain. In denying the above request the Planning Commission made the following findings: a. that the Proposed boat dock was not in conformance to the conditions estab- lished at the time of the approval of the Tentative Map of the Rive rgate- Mokelumne Subdivision; -3- 272 Minutes of March 7, 1979, continued ITEMS OF INTEREST b. that the structure was not in con- (Cont'd) formance with the City floodplain management program; C. that the Commission believes that the Reclamation Board should have proposed environmental documentation before issuance of any permits; and d. that the developer of Rivergate-Mokelumne had entered into a contract with the State Division of Fish and Game which provides that the rear 30 feet of all lots would be left in a natural state. COMMUNICATIONS CITY SUPPORTS SB 110 City Clerk Reimche presented a letter which had WHICH WOULD AMEND been received from the City of Gridley requesting BROWN ACT RE consideration and support for Senate Bill 110 EMERGENCY MEETINGS- which would amend the Brown Act to permit City Councils and other public agencies governed by the Brown Act to meet in special emergencies without the usual 24 hour notice, but in a lesser time restraint. Following Council discussion, on motion of Councilman Katnich, Katzakian second Council directed the City Clerk to forward a letter of support to the City of Gridley and to the sponsor and maker of Senate Bill_ 110-_ _The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, Katzakian, and Pinkerton Noes: Councilmen - McCarty Absent: Councilmen - None a PROCEDURE RE The City Clerk presented a notice which had been ADVISING CITIES received from the Public Utilities Commission & COUNTIES OF regarding procedures to be followed when advising HEARING NOTICES Cities and Counties of Hearing Notices on Rate ON RATE INCREASE., �' Increase Applications. APPLICATIONS REQUEST RECD The City Clerk presented a letter which had been FOR SUPPORT OF, received from the Northern San Joaquin County SB382 Mosquito Abatement District urging support of Senate Bill 382 which would provide needed fund- ing for vector control agencies through the State of California. APPEAL OF M. RAY City Clerk Reimche presented an appeal which RE USE PERMIT TO had been received from Mr. Maurice O. Ray, Jr. INSTALL A BOAT of the Lodi City Planning Commission's denial of DOCK & TERRACE his request for a Use Permit to install a boat AT 1234 RIVERGATE dock and. terrace at 1234 Rivergate Drive (i. e. , DRIVE Lot 46, Rivergate Mokelumne) in an area zoned F -P, Floodplain. On motion of Councilman Katnich, Katzakian second, the matter was set for Public Hearing April 4, 1979 at 8:00 p.m. -4- Minutes of March 7, 1979, continued MUSICAMERICA A letter was presented by City Clerk Reimche_ REQUESTS USE which had been received from MusicAmerica. OF GRAPE BOWL requesting use of the Lodi Grape Bowl for the FOR ANOTHER express purpose of staging another concert. CONCERT Following discussion, the City Council tacitly ' determined that it could not respond to Music - SUBMITTING America's request until a proposal is received PROPOSALS from them listing specific terms and conditions. LODI - RESOURCE City Clerk Reimche presented a letter which had RECOVERY AND been received from Mr. Robert J. Mertz, Lodi DISPOSAL CO. Resource Recovery and Disposal Company re - REQUESTS questing a two week extension for submitting EXTENSION FOR proposals for the City of Lodi Franchise refuse SUBMITTING contract. PROPOSALS Speaking on behalf of the request was Mr. Greg Basso of Lodi Resource Recovery and Disposal Company who stated that they need additional in- formation from the City to provide input to their proposal. Mr. Gene Walton representing Sanitary City Disposal Company addressed the Council stating that the City had been informed that Sanitary City Disposal. Company will submit a proposal in a timely manner; and further, that the City's contract with that Company will expire June 30, 1979. Mr. Walton further stressed that he- felt it would be grossly unfair to grant this -extension as the City Staff had indicated to him earlier that no extension would be granted. Following Council discussion, on motion of Councilman Hughes, McCarty second, the request for an extension was denied. IRIS PARK , . Council received copies of the Final Iris Park EIR Final Environmental Impact Report. 273 MISCELLANEOUS Mayor Pinkerton directed the City Clerk to forward PETITIONS to the Community Development Director the follow- REC'D BY ing petitions which had been received: COUNCIL a) Petition reading, "We the undersigned citizens of Lodi are asking the City of Lodi for a law pro- hibiting avoidable loud noises in general". • The petition was signed by approximately 100 persons. b) Petition signed by approximately 100 persons which reads, "We the undersigned do hereby petition the City of Lodi to rezone our area from R -MD Residential Medium Density apartments to a zone which is existing or may be created that limits the number. of new dwelling units permitted on any one lot of 9, 000 sq. feet to a maximum of two (2) dwelling units per lot". A diagram of the subject area was attached. -5- 274 Minutes of March 7, 1979, continued MISCELLANEOUS PETITIONS RECD c) Petition by property owners of the Ist (Cont'd) block in the Schroeder Tract to "prohibit boat parking on 'our' frontage property ex- posing it to view (Mr. Davis is. the boat owner). " REPORTS OF THE CITY MANAGER CONSENT CALENDAR Mayor Pro Tempore Katzakian asked to abstain from voting on Agenda Item "f" of the Consent Calendar because of a possible conflict of interest. In accordance with the report and recommenda- tion of the City Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Katnich, Hughes second, were approved by the Council with Mayor Pro Tempore Katzakian abstaining on the vote on Item "f" entitled. "Approve Sanguinetti Park, Unit #2". CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $554,473.97. ACCEPTANCE OF Council was apprised that the contract which had BOILER WITH FUEL been awarded to George F. Schuler, Inc. of TANK AT PUBLIC Stockton on June 21, 1978 for the Boiler with SAFETY BUILDING fuel tank at the Public Safety Building has been completed in substantial conformance with the plans and specifications approved by the City Council. THE CITY COUNCIL ACCEPTED THE IMPROVE- MENTS IN "BOILER WITH FUEL TANK AT THE PUBLIC SAFETY BUILDING" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. ABANDONMENT OF The City Council was informed that at its meeting PORTIONS OF of Monday, June 26, 1978, the Lodi City Planning DORCHESTER CIRCLE Commission approved the revised tentative map of English Oaks Manor, particularly as it relates RES. NO. 79-23 to English Oaks Manor, Unit No. 7. Among the conditions were the following: 1. That the owner of Lot 110, Unit #1 of the English Oaks Manor, indicate in writing that he approves the redesign of the subdivision which will eliminate his access to Century Boulevard; 2. That the developer install street improvements along the Dorchester Circle frontage of English Oaks Commons; -6- Minutes of March 7, 1979, continued 2715 ABANDONMENT 3. That the developer provide curb, gutter, PORTIONS OF DORCHESTER sidewalk and drainage facilities alone Century CIRCLE (Cont'd) Boulevard in the locations where two partial streets are requested for abandonment. Based on the above conditions, it is Staff's re- commendation that Dorchester Circle be aban- doned as requested. The developer is asking that the actual abandonment take place prior to the filing of the final map in order that a parcel map can be filed which will take care of Item 1 above and that the title to the area actually lying in English Oaks Manor, Unit No. 7 be cleared. COUNCIL ADOPTED RESOLUTION NO. 79-23 AS FOLLOWS: . RESOLUTION DECLARING THE COUNCIL'S INTENTION TO ABANDON PORTIONS OF DORCHESTER CIRCLE IN ENGLISH OAKS NO. 1, SETTING THE MATTER FOR PUBLIC HEAR- ING APRIL 4, 1979, AND REFERRING THE MATTER TO THE PLANNING COMMISSION. ABANDONMENT OF Following receipt of a request to abandon a EASEMENT - COLONY 6 -foot public utility easement lying along the RANCH SUBDIVISION east property line of Lot 64 in the proposed Colony Ranch Subdivision, Council adopted the RES. NO. 79-24 " following resolution: RESOLUTION NO. 79-24 RESOLUTION OF INTENTION TO ABANDON A 6 -FOOT PUBLIC UTILITY EASEMENT LYING ALONG THE EAST PROPERTY LINE OF LOT 64 IN THE PROPOSED COLONY RANCH SUB- DIVISION, SETTING THE MATTER FOR PUBr LIC HEARING; APRIL 4, 1979, AND REFERRING THE MATTER TO THE PLANNING COMMISSION. PASSENGER LOADING The City Council was advised that the LOEL ZONE ESTABLISHED IN Center has recently moved their facilities to the AREA OF LOEL CENTER southwest corner of Oak Street and Washington Street. With increasing activities at the Center, RES. NO. 79-25 directors feel there is a need for a passenger zone for the benefit of the aged and handicapped who visit the Center. RESOLUTION NO. 79-25 RESOLUTION ESTABLISHING A PASSENGER LOADING AND UNLOADING ZONE ON THE WEST SIDE OF WASHINGTON STREET SOUTH OF OAK STREET. FINAL MAP FOR Council was informed that Aladdin Real Estate, SANGUINETTI PARK, the developers of Sanguinetti Park, Unit No. 2, UNIT NO. 2 APPROVED has furnished the City with the final map and appropriate fees for the industrial area along Sacramento Street between Turner Road and Louie Avenue. 111r! 276 Minutes of March 7, 1979, continued SANGUINETTI PARK The developments and improvements normally (Cont'd) required of a subdivision were included in Sanguinetti Park, Unit No. 1 at the request of Aladdin Real Estate, Inc. , and as a consequence, no subdivision agreement, bonds, improvement plans or construction is required under this sub- division. Additionally, the extension of electri- city can only be properly designed once the intended loads and actual development of the lots are available. At that time, the City of Lodi will enter into an electrical utility agreement with the developers for the extension of power. COUNCIL APPROVED THE FINAL MAP FOR SANGUINETTI PARK, UNIT NO. 2 ON BEHALF OF THE CITY. (MAYOR PRO TEMPORE KATZAKIAN ABSTAINED FROM VOTING ON THE MATTER BECAUSE OF HIS AFFILIATION WITH ALADDIN REAL ESTATE, THE DEVEL- OPERS OF SANGUINETTI PARK, UNIT NO. 2). SUPPLEMENTAL In a report from Public Works Director Ronsko, AGREEMENTS BETWEEN the City Council was advised that in the City's CITY & STATE ON 1978-79 Capital Improvement Program, the City STOCKTON-KE TTLEMAN budgeted $4, 000 for its share of the grade cross - LANE SIGNAL & HARNEY ing protection to be installed at Harney Lane. LANE RAILROAD CROSS- Ninety percent of -the crossing cost wily be funded ING PROTECTION under a Federal Highway Safety Act Grant and 5% APPROVED will be funded by the County of San Joaquin since half the crossing is in the County jurisdiction. RES. NO. 79-26 The City of Lodi has indicated that it will be the lead agency for this improvement. Once the pro- ject is constructed, the County of San Joaquin will reimburse the City for 5% of the total cost and all future maintenance costs will be funded by the Public Utilities Commission and the Southern Pacific Railroad. Also included is a project involving the installation of traffic signalss and intersection lighting on Kettleman Lane at Stockton Street which will mainly be funded with FAU funds. The future maintenance of this signal will be shared equally between the City of Lodi and the State. RESOLUTION NO. 79-26 RESOLUTION APPROVING SUPPLEMENTAL - AGREEMENTS BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF LODI ON THE STOCKTON-KETTLEMAN SIGNAL AND HARNEY LANE RAILROAD CROSSINv PROTECTION. RECESS Mayor Pinkerton declared a 5 -minute recess and the City Council reconvened at approximately COUNCILMAN KATNICH 10:00 p. m. Councilman Katnich asked to be EXCUSED FROM excused from the -meeting and was subsequently MEETING excused by Mayor Pinkerton. -8- Minutes of March 7, 1979, continued 27.7 CONSIDERATION RE Ms. Ann Cerney, Attorney -at -Law, representing CITY PLANNING, Mr.- Homer Beldt, Casa de Lodi requested a COMMISSION'S RECOM- continuance of two weeks on Agenda item "h", MENDATION CONCERN- entitled, "Consideration of the City Planning ING THE AREA ALONG Commission's recommendation concerning the NORTH CLUFF AVENUE, area along North Cluff Avenue, East of Lockeford EAST OF LOCKEFORD Street". Ms. Cerney stated that the involved STREET parties are presently in the process of attempting to work out an amicable solution and that this was the reason for the request. Mayor Pinkerton then inquired of the following persons who were in the audience, if they had objections to the request. Each indicated that they would be willing to go along with the request. a) Mr. Gene Walton, Attorney -at -Law, representing Frank Alegre, Alegre Trucking Company. b) Mr. Ron Judson, Attorney -at -Law, representing Mr. Ed DeBenedetti. c) Mr. Harold Baker, Claude C. Wood Company. Mr. James D. Boyd, 17429 N. Myrtle Street, Lodi addressed the Council opposing an industrial desig- nation for the subject area. Mrs. Bob Kettleman, 17601 N. Cluff Avenue, Lodi asked the Council to leave the subject area in its present designation. Following Council discussion, on motion of Mayor Pro Tempore Katzakian, Katnich second, Council continued the matter to March 21, 1979. PROPOSED PROCEDURE A draft procedure for establishing residential FOR ESTABLISHING permit parking programs was presented for RESIDENTIAL PERMIT Council's perusal. Following introduction by the PARKING PROURAMS ._ City Manager, the proposed document was high- lighted by Public Works Director Ronsko. Mrs. Ben Meidinger, 1022. Laurel Avenue, Lodi addressed the Council reiterating her previous request that permit parking in her area be given consideration. She stated that they are constantly having to shuffle their cars because of the number of cars owned and operated by members of her family. A very lengthy Council discussion followed with questions being directed to Staff and to Mrs. Meidinger. Mayor Pinkerton, with Council's tacit concurrence, asked that the matter be continued for further review and study at a future Informal Informational Meeting. -9- Minutes of March 7, 1979, continued 5 -YEAR CAPITAL STREET A proposed 5 -year Street Capital Improvement IMPROVEMENT Program which the Council had discussed at PROGRAM previous meetings was introduced for discussion by City Manager Glaves. The Council had been asked to prioritize proposed projects. A prelimi- nary 5 -year Street Capital Improvement Program containing this input was presented for Council's perusal. The document was explained in detail by Public Works Director Ronsko. Lengthy dis- cussion followed with questions being directed to Staff. On motion of Mayor Pro Tempore Katzakian, Hughes second, the City Council accepted the preliminary 5 -Year Street Capital Improvement Program as presented by the Public Works Director. APPOINTMENT TO On motion of Mayor Pro Tempore Katzakian, ADVISORY COMMITTEE Hughes second, the City Council concurred with FOR THE 49-99 the Mayor's appointment of Louise M. Zastrow COOPERATIVE LIBRARY to serve on the Advisory Committee for the SYSTEM 49-99 Cooperative Library System. ANNUAL AUDIT RECD On motion of Councilman Hughes, Katzakian FOR FILING second, the City Council received for filing Audited Financial Statements and other Financial Information as of June 30, 1978 as prepared by Ernst and Ernst. AGREEMENT FOR "LODI" Council was advised that the City of Lodi poster POSTER PANEL ON panel on Highway 12 and DeVries Road is up HIGHWAY 12 & DeVRIES, for renewal on April 5, 1979. 3M National RD. APPROVED Advertising Company has advised that the price for renewal of the contract is $175.00 per month plus paper costs. It was noted that last year, the cost for 6 stands of paper was $360.00. Following discussion, on motion of Councilman Hughes, Katzakian second, Council approved Agreement with National Advertising Company for a "Lodi" poster panel on Highway 12 and DeVries Road at a cost of $175.00 per month with the condition that the total paper costs not exceed the quoted price of $360. 00 by more than 20%., COUNSEL FOR PUC Following introduction of the matter by Assistant HEARING City Attorney Sullivan, the Council, on motion of Mayor Pro Tempore Katzakian, Hughes second, authorized retaining Mr. Handler of the law firm of Handler, Baker and Green of San Francisco to review documentation regarding the proposed closing of various Lodi railroad crossings, prior to the PUC Hearing, at a cost of approximately $500. 00. -10- Minutes of March 7, 1979, continued 279 TRANSFER OF FUNDS TO The City Council, on motion of Mayor Pro Tempore SEWER FUND APPROVED Katzakian, Pinkerton second, approved a Special Allocation in the amount of $18, 200 to cover the necessary salaries, fringe benefits for the one Maintenance Worker transferred to the White Slough Water Pollution Control Plant Facility. City Manager Glaves requested approval of a Special Allocation in the amount of $2500. 00 to APPROVAL OF conduct a computer analysis to optimize the eventual REPLACEMENT WELL replacement of Wells 1, 3, and 6. The cost of the LOCATION ANALYSIS analysis includes: 1. An update of the computer model developed by TYA as part of the 1976 Water System Analysis and Master Plan Reevaluation. The update is needed to: a) add mains installed in the last three years, and b) change pump data to account for the work done under the Drought Relief Program and fall in the water table. 2. Evaluation of possible well sites. The City will identify a number of possible sites and the analysis will select the optimum hydraulic location. The possibility of replacing the three wells with two will be explored also. This would cut approximately $150, 000 from the cost of replacing three wells. On motion of Mayor Pro Tempore Katzakian, Hughes second, Council approved a Special Allocation for a study for the eventual replacement of Water Wells 1, 3, and 6 at a cost not to exceed $2500. 00. PERSONNEL Following introduction of the matter by City Manager REPLACEMENTS Glaves, on motion of Mayor Pro Tempore Katzakian, AUTHORIZED Pinkerton second, Council authorized the hiring of an Assistant Planner to fill the vacancy created by the ' resignation of Gregory C. Freitas. Following introduction of the matter by the City Manager, Council, on motion of Mayor Pro Tempore Katzakian, Hughes second, authorized the hiring of three police officers to fill current Fblice Department vacancies. PASSION PROCESSION City Manager Glaves announced that he is presently REQUEST working with a .group of Mexican -Americans who have requested permission to hold a "Passion Procession" in the downtown area on several forth- coming dates. Meetings and discussions have been held with downtown merchants and bank and church officials regarding this matter. ADJOURNMENT There being no further business to come before the Council, on motion of Mayor Pro Tempore Katzakian, Hughes second, Mayor Pinkerton adjourned the meeting at approximately 1 1:30 p. m. Attest: AfftE M. REIMCHE CITY CLERK