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HomeMy WebLinkAboutMinutes - August 15, 1979419 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS AUGUST 15, 1979 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, August 15, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - McCARTY, PINKERTON and KATZAKIAN Absent: Councilmen - HUGHES and KATNICH Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche. INVOCATION The invocation was given by Reverend Don Mulvihill, English Oaks Seventh Day Adventist Church. PLEDGE Mayor Katzakian led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, McCarty second, Council approved the Minutes of July 3, 1979 and July 18, 1979 as written and mailed. PUBLIC HEARINGS HANSEN APPEAL Notice thereof having been published in accordance RE HANSEN with law and affidavit of publication being on file in INDUSTRIAL the office of the City Clerk, Mayor Katzakian called PARK FENCING for the Public Hearing to consider the appeal of Mr. —. Terry Piazza on behalf of Hansen Industrial Park of the actions of the Planning Commission in setting forth the condition upon the approval of the Hansen Industrial Park Tentative Map that redwood slats be installed in the chain link fence along the freeway. City Clerk Reimche presented a letter which had been received from Mr. Terry Piazza stating that he was scheduled to be out of town and requesting that the matter be continued. A lengthy Council discussion followed. City Attorney Stein presented his recommendation to the Council that the Council refuse to hear the appeal and set forth the basis for his recommendations. Following additional discussion, Council, on motion of Councilman McCarty, Katzakian second, continued the hearing to September 5, 1979 by the following vote: 420 Minutes of August 15, 1979, continued HANSEN APPEAL Ayes: Councilmen - McCarty and Katzakian (Cont'd) Noes: Councilmen - Pinkerton Absent: Councilmen - Hughes and Katnich PLANNING COMMISSION REZONE 1350 E. PINE The City Manager gave the following report of the FROM U -H TO M-2 Planning Commission meeting of August 13, 1979. The Planning Commission - 1. Recommended approval of the request of Mr. Ronald D. Slate to rezone 1350 East Pine Street (i. e. , Lots 11 and 12 of Live Oak Colony No. 3) from U -H, Unclassified Holding to M-2, Heavy Industrial. On motion of Mayor Katzakian, McCarty second, the matter was set for Public Hearing on September 5, 1979. The Planning Commission also - PROPOSED Determined that a public need existed and recom- ABANDONMENT OF mended that the request of Mr. Daniel Anderson be MOUNCE STREET denied to abandon Mounce Street from Cluff Road to its easterly terminus in an area zoned M-2, Heavy Industrial. PUBLIC HEARING In a related matter the Planning Commission set a SET BY PLANNING public hearing for September 10, 1979 to consider COMMISSION TO amending the Circulation Element of the General Plan CONSIDER AMEND- by modifying the alignment of Mounce Street. ING CIRCULATION ELEMENT OF GENERAL PLAN The Planning Commission also - ITEMS OF INTEREST 1. Did not recommend the amendment of the Specific J Plan of South Hutchins Street to permit 30 foot drive- way access to a future shopping center at the northwest corner of South Hutchins Street and Harney Lane. Although a 3 to 2 majority favored the Amendment, the Government Code requires a "majority of the total voting members" to amend a Specific Plan. 2. Conditionally approved the Tentative Map of Aaron Manor, a 3.44 acre, 14 lot single-family development on the south side of Iris Drive, easterly of Atherton Drive in an area zoned R- 1, Single -Family Residential. The Planning Commission also certified a Negative Declaration on this project. 3. Conditionally approved the request of Sanguinetti and Arnaiz to add river frontage to Lots 26-32 of Mokelumne Village (i. e. , 1 15- 151 Mokelumne River Drive) and to create two parcels north of the present -2- Minutes of August 15, 1979, continued 421 PLANNING COMMISSION ITEMS OF INTEREST (Cont'd) northern terminus of Awani Drive in an area zoned R=LD, Low Density Multiple Family Residential. The Planning Commission also certified a Negative Declaration on this project. 4. Approved the request of Mr. Ronald B. Thomas on behalf of Genie Development, Inc. to extend the Tentative Map of Beckman Center No. 1 until March 11, 1981. As this is a commercial subdivision it is not affected by the Lodi Unified School District's "Bedroom Fees". . 5. Approved the request of Mr. Bozant Katzakian on behalf of Katzakian and Schaffer Realtors to extend the Tentative Map of Industrial Lite Subdivision until February 14, 1981. As this is an industrial subdi- vision, it is not affected by the Lodi Unified School District's "Bedroom Fees. " 6. Determined that the existing lot width constituted a Zoning Hardship and approved.the request of Mr. Donald B. Lipscomb for Variances to reduce the required 5 foot side yards to 3 feet to permit the construction of a single-family dwelling at 824 South Church Street in an area zoned R-2, Single -Family Re side ntial. COMMUNICATIONS CLAIMS City Clerk Reimche presented the following claims ,* which had been filed against the City: - a) Martin and Cindy Corti, Loss Date 12/28/78 b) Karen Seaters, Loss Date 6/4/-79 On motion of Councilman Pinkerton, McCarty second, the heretofore -mentioned claims were denied and referred to the City's contract administrator, R. L. Kautz and Co. ABC LICENSE The City Clerk presented the following applications _ . for Alcoholic Beverage License which had been received: a) David A. Torres, Monte Carlo, 9 N. Sacramento Street, Lodi, On Sale Beer and Wine, New License b) Robert R. Burnett, Back Room , 410 W. Kettleman Lane, On Sale Beer and Wine Eating Place, New License c) James D. Barcus, Rainbow -Club, 116 N. Sacramento Street, On Sale General Public Premises, Person to Person Transfer -3- 422 Minutes of August 15, 1979, continued COMMUNICATIONS (Cont'd) _ The City Clerk presented a Notice of Filing Advice Letter No. 1049-G of PG&E for Authority to File a PUC APPLICATIONS Revised Adjustment Rate Under the Gas Cost Adjust- ment Clause. PUC HEARING Council was advised of a notice which had been received RESET resetting the adjourned hearing regarding the closing of railroad crossings by the PUC in Lodi to Tuesday, October 23, 1979 at 9:30 a. m, in the Council Chambers, City Hall, Lodi; and Wednesday, October 24, 1979 at 9:30 a. m. in the Commission Courtroom, State Building, 350 McAllister Street, San Francisco, California. APPEAL RE 30' DRIVEWAY ACCESS TO SHOPPING CENTER AT N/W CORNER OF HARNEY LANE & S. HUTCHINS ST. SET FOR HEARING RES. OF CITY OF DOS PALOS TAKING EXCEPTION TO S. F. BOARD OF SUPERVISORS ACTION City Clerk Reimche presented a letter that had been received from Mr. Wayne M. West of R. W. Siegfried and Associates, 'appealing the actions of the Planning Commission in denying a request to permit a 30 -foot driveway access from the proposed shopping center at the northwest corner of Harney Lane and South Hutchins Street. On motion of Councilman Pinkerton, McCarty second, Council set the matter for Public Hearing on September 5, 1979 at 8:00 p.m. City Clerk Reimche presented a letter from Dos Palos advising that on August 7, 1979, the Dos Palos City Council adopted a resolution taking exception to the San Francisco Board of Supervisors' recent action re the boycott of Chiquita Bananas and non-union lettuce. WORKSHOP ON City Clerk Reimche presented a Notice of Public Meeting SACRAMENTO -S. J. and Workshop on the Sacramento -San Joaquin Delta DELTA INVESTIGA- Investigation to be held August 27 and August 30, 1979 TION at the Civic Auditorium in Stockton. FEE WAIVED FOR City Manager Glaves presented a letter which had been CALIFORNIA received from California Sessions, Inc. stating that it SESSIONS, INC. is their understanding the $5, 000. 00 fee for the use of 5/28/79 DATE the Lodi Grape Bowl Facility could be waived by the City since the Facility was not used on the second day. The letter further advises that they are working hard to recover some of their losses and that they would hope that the City would act generously in awareness of their misfortune and move to waive the usage fee for the 5/28/79 date. The City Council tacitly agreed to the waiving of the fee. COUNCILMAN Councilman Pinkerton proposed that a complaint be PINKERTON PRO- registered with the PUC that hearings in regard to the POSES PUC HEARINGS proposed railroad crossings closings in Lodi be held BE HELD IN SACTO. in Sacramento rather than San Francisco because of - recent action of the San Francisco Board of Supervisors in endorsing and supporting the United Farm Workers of America AFL-CIO boycott of Chiquita Bananas and -4- Minutes of August 15, 1979, continued 423 PROPOSE PUC non-union lettuce until such time as the growers HEARINGS BE return to the negotiating table and negotiate accep- HELD IN SACTO. table contracts. (Cont'd) Council discussion followed with no action being taken on the proposal. REPORTS OF CITY MANAGER CONSENT CALENDAR In accordance with report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Katzakian second, were approved by the City Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF i $1, 432, 648. 50. AWARD -CONTRACT City Manager Glaves presented the following bids FOR MILLS AVE. which had been received for Mills Avenue Reconstruc- RECONSTRUCTION tion as follows: RES. NO. 79-126 BIDDER AMOUNT Claude C. Wood Co. $218,474.00 Teichert Construction Co. $223,101.00 Argosy Construction Co. $224,839.00 Following recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 79-126 RESOLUTION AWARDING THE CONTRACT FOR "MILLS AVENUE RECONSTRUCTION" TO CLAUDE C. WOOD CO., THE LOW BIDDER, IN.THE AMOUNT OF $218,474.00. Following recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 79-127 RESOLUTION AWARDING THE BID TO APPLY CLASS II SLURRY SEAL TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY, THE LOW BIDDER, IN THE AMOUNT OF $12,736.63. -5- City Manager Glaves presented the following bids AWARD -BID TO which had been received to apply Class II Slurry Seal APPLY CLASS II to City Streets: SLURRY SEAL TO CITY STREETS - BIDDER AMOUNT RES. NO. 79-127 California Pavement Maintenance Co. $12,736.63 Bay Area Sealers $13,519. 10 Valley Slurry Seal $14,433.02 Graham Contractors, Inc. $14,532. 10 Following recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 79-127 RESOLUTION AWARDING THE BID TO APPLY CLASS II SLURRY SEAL TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY, THE LOW BIDDER, IN THE AMOUNT OF $12,736.63. -5- 424 Minutes of August 15, 1979, continued AWARD -CONTRACT City Manager Glaves presented the following bids FOR HAM LANE which had been received for "Ham Lane Reconstruction, RECONSTRUCTION Elm to Lockeford": ELM TO LOCKEFORD BIDDER AMOUNT RES. NO. 79-128 Teichert Construction Co. $83, 133.00 C. C. Wood Co. $89,464.00 Argosy Construction $160, 026.00 Following recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 79-128 RESOLUTION AWARDING THE CONTRACT FOR "HAM LANE RECONSTRUCTION, ELM TO LOCKEFORD" TO TEICHERT CONSTRUCTION COMPANY, THE LOW BIDDER, IN THE AMOUNT OF $83,133. 00. - AWARD -COMPACT City Manager Glaves apprised the Council that only one CAR FOR POLICE bid had been received for a Compact Car for the Police DEPARTMENT Department as follows: RES. NO. 79-129 BIDDER AMOUNT Sanborn Chevrolet $5,692.88 City Manager Glaves stated that the bid was a reasonable one and that he recommended that the award be made. RESOLUTION NO. 79-129 RESOLUTION AWARDING THE CONTRACT FOR A COMPACT CAR FOR THE POLICE DEPARTMENT TO THE ONLY BIDDER, SANBORN CHEVROLET, IN THE AMOUNT OF $5,69Z. 88. SUNWEST, UNIT The City Council.was informed that the Subdivision improve - NO. 3 ments in Sunwest,. Unit No. 3 have been completed in sub - ACCEPTANCE stantial conformance with the requirements of the Subdivi- sion Agreement between the City of Lodi and George E. RES. NO. 79-130 and Rosemarie A. Ferrero and Chris R. and LeVeta Keszler dated July 12, 1978 and as specifically set forth in the plans and specifications approved by the City Council. RESOLUTION NO. 79-130 RESOLUTION ACCEPTING THE SUBDIVISION IMPROVE- MENTS AND STREETS INCLUDED IN TRACT NO. 1262 SUNWEST, UNIT NO. 3 ACCEPTANCE OF Council was apprised that the contract for "Hutchins "HUTCHINS STREET Street Improvements 350' N/Brandywine Drive to IMPROVEMENTS" Kettleman Lane" which had been awarded to Teichert Construction of Stockton on June 20, 1979 has been corn- .pleted in substantial conformance with the plans and specifications approved by the City Council. -6- Minutes of August 15, 1979, continued 425 ACCEPT HUTCHINS COUNCIL ACCEPTED THE IMPROVEMENTS IN ST. IMPROVMTS. "HUTCHINS STREET IMPROVEMENTS, 350' N/ (Cont'd) BRANDYWINE DRIVE TO KETTLEMAN LANE" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. PLANS & SPECS FOR COUNCIL APPROVED THE PLANS AND SPECI- LANDSCAPING & FICATIONS FOR "ENGLISH OAKS COMMONS PARK, SPRLVKLERS FOR SPRINKLER SYSTEM AND TURFING (SITE # 1); ENGLISH OAKS HAM LANE MEDIAN LANDSCAPING SPRINKLER COMMONS & HAM SYSTEM - HARNEY LANE TO PORT CHELSEA LANE MEDIAN CIRCLE AND ARUNDEL COURT TO CENTURY APPROVED BOULEVARD (SITE '#2)" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. AGREEMENT WITH City Manager Glaves presented an Agreement CTY. FOR SAFER concerning Federal Aid for Safer Off System Roads OFF -SYSTEM ROADS (S. O.S.) Funds for fiscal year 1978-79 advising that FUNDS APPROVED this agreement is required annually by Caltrans prior to"distribution of these funds and is the same RES. NO. 79-131 except for dollar amounts as to those agreements _ submitted in previous fiscal years. The Federal Government has not yet allocated any S.O.S. funds; - however, having the agreement executed will allow the County and all the cities within the County to move quickly once funds are allocated. RESOLUTION NO. 79-131 RESOLUTION APPROVING AGREEMENT WITH THE COUNTY FOR FEDERAL AID FOR SAFER OFF SYSTEM ROADS FUNDS FOR FISCAL YEAR 1978-79 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. " CONTRACT WITH City Manager Glaves presented for Council's CHP FOR PARTICI- approval a proposed agreement with the California PATION IN THE Highway Patrol covering the City's participation in ABANDONED the Abandoned Vehicle Abatement Program for the VEHICLE PROGRAM period of July 1, 1979 through June 30, 1980. The APPROVED City's per unit reimbursement under the proposed Agreement will be $50.00 per vehicle, which will RES. NO. 79-132 adequately cover the City's administrative costs. _ - - The contractual allotment under this Agreement is for 25 vehicles by June 30, 1980. RESOLUTION NO. 79-132 RESOLUTION APPROVING CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR PARTIPA- TION IN THE ABANDONED VEHICLE PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO.EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. mmm:�:%i$'•a..r..r..rs=: Yrmi�=.`-X:m�:?n �:mm�:�.r.+.+.,r..._���n:r:FmXin'rm'm:o`�'F k`hY�'�L:F r:X iii %.: %;: rn�Mi= �`#:: �`i:-;:=FTrm rm -7- 426 Minutes of August 15, 1979, continued PROPOSAL BY A presentation was made by Mr. J. R. Jones CHAMBER OF regarding a Community Facility Needs Survey COMMERCE FOR stating that the Lodi District Chamber of Commerce COMMUNITY recognizing the loss of the old Lodi Union High FACILITY NEEDS School Auditorium, has given high priority to the SURVEY study of the need for such a facility in Lodi. The Community Concerns Committee of the Lodi District Chamber of Commerce has spent over a year monitoring this issue and late in 1978 voted to serve as the vehicle for assessing the community need. Contact was made with the Arthur Sherman Co. in Sacramento, a -professional fund-raising group. Mr. Sherman, after much research, recommended that a formal -study be conducted to determine what type of auditorium/community center the people of Lodi would want, if any, and where it should be located. Several professional study groups were suggested. The Community Concerns Committee has received formal proposals from both the Marks-Goberand Associates firm, Fresno, and the University of the Pacific. Marks-Gobel and Associates firm would cost in excess of $28, 000 plus reproduction costs. The University of the Pacific, through the volunteer efforts of Professor Harvey Williams, would utilize volunteers, students, C. E. T. A. workers, etc. to produce a reliable, effective measurement of the community's need for an auditorium/cultural center for under $5, 000.00 to cover costs. The Lodi District Chamber of Commerce, acting on the research and advice of its Community Concerns Com- mittee, makes the following recommendations: 1. The Lodi City Council appoint a committee of five persons who, under the guidance and direction of Professor Williams, will conduct a community needs feasibility study concerning the auditorium issue, and, 2. This committee be charged with preparing a list of activities to be undertaken to perform this study along with the estimated costs of each component. 3. The City Council then review the list of alternatives available to satisfactorily conduct the study and the estimated costs of same, and allocate up to $5, 000. 00 to perform the study. Following Council discussion, Council, on motion of Mayor Katzakian, Pinkerton second, approved a Community Facility Needs Survey at a cost not to exceed $5, 000. 00 with the Lodi District Chamber of Commerce recommendations heretofore set forth by the following vote: Ayes: Councilmen - Pinkerton and Katzakian Noes: Councilmen - McCarty Absent: Councilmen - Hughes and Katnich -8- Minutes of August 15, 1979, continued 427 REUSCHER REORGANIZATION TO Following presentation by City Clerk Reimche of a CITY & DETACHMENT certified copy of Local Agency Formation Commission FROM THE WOOD- Resolution No. 434 approving the Reuscher Reorgani- BRIDGE RURAL CTY, zation (LAFC 24-79) to the City of Lodi and detachment FIRE PROTECTION from the Woodbridge Rural. County Fire Protection DISTRICT District, Council, on motion of Councilman Pinkerton, Katzakian second, adopted Resolution No. 79-133 making RES. NO. 79-133 determination and ordering reorganization without public hearing and election pursuant to Section 5627. 1 of the Government Code in the matter of the Reuscher Addition and detachment of said territory from the Woodbridge Rural County Fire Protection District. ACTION DEFERRED Mayor Katzakian, with the tacit concurrence of the ON 1979-80 CAPITAL Council, continued to the September 5, 1979 Council IMPROVEMENT meeting, the 1979-80 Capital Improvement Program. PROGRAM Council further requested that this matter be given further review at an Informal Informational Meeting held prior to that date. ORDINANCES AMEND PD -4 IN AREA Ordinance No. 1175 entitled "An Ordinance Amending ENCOMPASSED BY Planned Development District No. 4 to provide for 8 WINCHESTER ACRES acres of multiple -family development and 2 acres of commercial use in an area encompassed by Winchester ORD. NO. 1175 Acres Subdivision, at the northwest corner of South ADOPTED Hutchins Street and West Harney Lane" with the following conditions: 1) that the multiple family area be limited to a maximum of 20 units per acre and conform with the requirements of R -GA, Garden Apartment Residential District; and 2) that the commercial area conform to the require- ments of the C -S, Commercial -Shopping District having been introduced at a regular meeting of the Council held August 1, 1979 was brought up for passage on motion of Councilman Pinkerton, McCarty 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 - McCarty, Pinkerton and Katzakian Noes: Councilmen - None Absent: Councilmen - Hughes and Katnich -9- • Minutes of August 15, 1979, continued AREA BOUNDED BY LOUIE Ordinance No. 1176 entitled "An Ordinance down AVE. ON THE NORTH, A zoning the area bounded by Louie Avenue on -the -N/S ALLEY BETWEEN north, a north -south alley between Church and CHURCH & PLEASANT AVE. Pleasant Avenue on the east", Olive Court on the ON THE EAST, OLIVE CT, south and California Street on the west from R -MD, ON THE SOUTH & CALIF. Medium Density Multiple Family Residential to ST. ON THE WEST FROM R -GA, Garden Apartment Residential" having been R -MD TO R -GA introduced at a regular meeting of the Council held August 1, 1979 was brought up for passage on ORD. NO. 1176 motion of Councilman Pinkerton, McCarty second. ADOPTED 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 - McCarty, Pinkerton and Katzakian Noes: Councilmen - None Absent: Councilmen - Hughes and Katnich ADJOURNMENT There being no further business to come before the Council, Mayor Katzakian adjourned the meeting at approximately 8:50 p. m. - Attest: ` � ���K/ ALICE M. R IMCHE CITY CLERK