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Home My WebLink AboutMinutes - March 1, 1978458 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH 1, 1978 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m., Wednesday, March 1, 1978 in the City Hall Council Chambers. ROLL CALL Present - Councilmen - Ehrhardt (arrived 10:10 p.m.), Hughes, Katzakian, Pinkerton, and Katnich (Mayor) Absent: Councilmen - None On motion of Councilman Katzakian, Pinkerton second, Council adopted Ordinance No. 1138, an urgency ordinance, entitled "An Ordinance amending Section 27-12C of the Lodi City Code Regulating the Use of the Mokelumne River Floodplain and Declaring the Same an Urgency Ordinance". The Ordinance after reading by title was passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen. - Ehrhardt Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Mullen, and City Clerk Reimche. INVOCATION The invocation was given by Reverend Harve Wilkie, Temple Baptist Church. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. PUBLIC HEARINGS Notice thereof having been published in accordance with law and affidavit of publication being on file in ORD. AMENDING the office of the City Clerk, Mayor Katnich called SEC. 27- 12C OF for the Public Hearing to consider text changes and THE CITY CODE boundary changes in the Flood Plain Zone in the REGULATING THE City of Lodi to comply with regulations of the Federal USE OF THE Flood Insurance Administration. MOKELUMNE RIVER FLOODPLAIN Assistant Planner Gregory Freitas presented back- ground information on the matter and presented dia- grams of the subject area for Council's scrutiny. There were no persons in the audience wishing to speak on the matter and the public portion of the hearing was closed. Council discussion followed with questions regarding the subject being directed to Staff. On motion of Councilman Katzakian, Pinkerton second, Council adopted Ordinance No. 1138, an urgency ordinance, entitled "An Ordinance amending Section 27-12C of the Lodi City Code Regulating the Use of the Mokelumne River Floodplain and Declaring the Same an Urgency Ordinance". The Ordinance after reading by title was passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen. - Ehrhardt 45q Minutes of March 1, 1978, continued PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of February 13, 1978: The Planning Commission - REQUEST TO 1. Recommended approval of the request by Aladdin AMEND P -D 15 Real Eatate by Mr. Ronald B. Thomas to amend P -D(15), Planned Development District # 15 (i. e. , Beckman Ranch Subdivision) by changing 3.2 acres of commercial -professional and 2.5 acres of multi- ple -family to commercial to expand a previously approved shopping center on the south side of West Kettleman Lane between South Hutchins Street and Cabernet Drive (a future street). ITEMS OF The Planning Commission also - INTEREST �. Denied the request of Mr. LeRoy Meidinger on behalf of the property owners to rezone 15 and 17 Daisy Street from R -HD, High Density Multiple Family Residential, to C -M, Commercial -Light Industrial. 2. Determined that a zoning "Hardship" did not exist and denied the request of Mr. Daniel L. Heller for variances to increase the maximum fence height from 42 inches to six feet in the front yard, and over six feet on an interior side yard lot line to permit an existing fence to remain at 1525 Park Street in an area zoned R-2, Single -Family Residential. 3. Heard a report from the participants concerning the League of California Cities' sponsored Planning Commissioners Institute held in Oakland, February 1-3, 1978. The City Manager gave the following report of the Planning Commission meeting of February 27, 1978: On motion of Councilman Katzakian, Pinkerton second, the matter was set for Public Hearing on April 5, 1978. -2- The Planning Commission: ADOPTION OF NEW SUBDIVISION 1. Recommended the adoption of a New Subdivision ORDINANCE Ordinance which has been forwarded to the City RECOMMENDED Council by the Public Works Director. On motion of Councilman Katzakian, Pinkerton second, the matter was set for Public Hearing on April 5, 1978. ADOPTION OF AN The Planning Commission also - OFF-SITE IMPROVE- MENT ORDINANCE 2. Recommended the adoption of ar_ Off -Site Improve - RECOMMENDED ment Ordinance which has been forwarded to the City Council by the Public Works Director. On motion of Councilman Katzakian, Pinkerton second, the matter was set for Public Hearing on April 5, 1978. -2- 460 PLANNING COMMISSION (Continued) AMENDMENT OF THE FLOODPLAIN ZONE TO INCLUDE THE REQUIRE- MENTS FOR FEDERAL FLOODINSURANCE RECOMMENDED COMMUNICATIONS Minutes of March 1, 1978, continued The Pla-= ing Commission also - 3. Recomme= ded the amendment of the Flood- plain Zone to include the requirements for Federal Flood Insurance. PETITION RECD RE City Clerk Reimche presented petitions bearing TRAFFIC CONTROL 109 signatures which stated that those persons MEASURES ON sign -1.g the petitions are customers, business HIGHWAY 12 AT SO. peoF'.e, and/or residents in the area of South STOCKTON STREET Stockton Street and State Highway 12 (Kettleman La:ae), advisi:_g of their concern about the traffic hazard of this intersection and requesting traffic control- measures. The City Clerk stated that she would send ,:opies of the correspondence received from the State Department of Transportation regard- ing this intersection to those persons circulating this pe titi oa. PUC APPLICATION The City Clerk presented a Notice that had been re - NO. 57502 ceived regarding Application No. 57502 before the Public Utilities Commission, is the matter of - Douglas Bus Lines, Inc., dba Commuter Bus Lines requesting authority to extend passenger stage com- muter service to include Sacramento and surrounding areas. APPEAL - ZONING The City Clerk. presented a letter which had been re - VARIANCES FENCE ceived from Mr. Daniel L. Heller, 1525 Park Street, HEIGHTS Lod: appeasing the Lodi City Planning Commission's denial of his request for Zoning Variances to increase the maximum fence height from 42 inches to six feet _n the front yard, and over six feet on an interior side yard lot line to permit an existing fer_ce to remain at 1525 Park Street in an area zoned R-2, Single -Family Residential. On motion of Cowacilman Katzakian, Pinkerton second, the matte: •vas set for Public Hearing on April 5, 1978. LETTER RECD FROM A letter was recei-,ed from Mrs. Margaret M. Huber CITIZEN RE UTILITY stating that she cannot understand fuel cost charges CHARGES almost equaling electricity charges-, nor can she understand sewer charges being the same for a single person. as a large family. Mayor Katnich referred the letter to Dir<_ctor of Utilities William Lewis for reply. VARIOUS PARCELS The City Clerk presented a letter which had been re - OF PERIPHERAL ce;,red from Mr. Constantine I. Baranoff, Facilities PROPERTY AT OLD and Planning Director of Lodi Unified School District TOKAY HIGH SCHOOL stating that the Lodi U: if:ed Schooi District has placed TO BE PLACED ON' THE or ,he market Lve parcels of peripheral property at the ci.d 'Tckay High School. The letter states that pursuant MARKET to a � earlier agreement, the City of Lodi may exercise the option and purchase the property at the appraised value. `✓fayor Katr_:ch requested that Councilman Katzakian, City Manager Graves and City Attorney Mullen meet with Lqdi Unified School District representatives zegardzng this -natter. x M_nutes cl March 1, 178, ocn__.ied ABC LICENSE An Applicaticn for Alcoholic Beverage License for Law -e: c=. Amerigo a:d Dcn ald Bernard L'-pscc=nb for the "Hole -In --L he -Wall", 103 East Pane S:zee:, :c:. a On Sa-e Beer and Wine Lice:gee frau presentee. ;o t'r_e Ccu: cil, C LA IMS 46J The City Clerk presented the `ollewing Claims which had been presented to the City: a) He-itage Schoci - material damage to school spri-_kling system L) Bernice T. Uhls for persc: al injury b) Co: sides the City Planning Commission's re- commendation that the upland portion of the Mokelumne Village Subdivision, which is located on the north side of East Turner Road between the Southern Pacific Railroad right-of-way and State Route ?9, be rezoned from P -D'3), Planned Devel- cpmezt District No. 3 as follows: 1. Lots 1 thrc::gh 33 and Lots 90 through 128 to the R- 1, Single Family Re_idential, with the excep- ticn of these pert_ons of Lots 16 through 27 which are relow ele-va-lon 48, shall remain in the F -P, Fiocdplai_ District; 2. Lots 34 thrcugh 83 tc the R -LD, Low Density Multiple Family Residential District with Lots 41 through 57 and Lots 61 thro-igh r I designated for duplexes and Lots 34 th-ough 40, Lots 58 through 60, and Lots 7Z t1irough 81 de=_ignated for single- family residences; 3. The :1 a, -.:e co-nme-:ial area at the northwest intersection of State Route '-; and East Turner Road to t1 --e C: -S, Cjrnmercial Shopi::g District. c) Mary Jane Ballatore for prcperty damage d) John 'Terry for vehicular damage On motior. of Councilman Pinkerton, Katzakian second, the claims were rejected and referred to the City's Contract Administrator. C.A.C. REQUESTS The City Clerk presented a letter which had been LETTER OF SUPPORT received from the Community Action Council of FOR ELDERLY, San Joaquin County, Inc. recuesting a letter of HANDICAPPED TRANS- support for elderly, handicapped transportation. PORTATION Council discussion -followed With no action being taken by the Council on the matter. MATTERS RE Following a request by Mr. Terry Piazza, 221 MOKELUMINE W. Oak, Lodi speaking on behalf of his clients VILLAGE SUBDIVI- Sanguir_etti and Arnaiz Development Company, SION SET FOR PJB- Develope-s of the Mokelurrne Village Subdivision, LIC HEARING and •rrith the approval of City Attorney Mullen, Council on motion of Councilman Pinkerton, Katnich second, set tre following matters for Public Hearing Tuesday, March 1 1978 at 8;00 p.m.: a) Consider the Planning Commission's recommen- datic . that the City Council certify as adequate the Final Environmental Impact Report for Mokelumne Village General Plan and Zoning Study. b) Co: sides the City Planning Commission's re- commendation that the upland portion of the Mokelumne Village Subdivision, which is located on the north side of East Turner Road between the Southern Pacific Railroad right-of-way and State Route ?9, be rezoned from P -D'3), Planned Devel- cpmezt District No. 3 as follows: 1. Lots 1 thrc::gh 33 and Lots 90 through 128 to the R- 1, Single Family Re_idential, with the excep- ticn of these pert_ons of Lots 16 through 27 which are relow ele-va-lon 48, shall remain in the F -P, Fiocdplai_ District; 2. Lots 34 thrcugh 83 tc the R -LD, Low Density Multiple Family Residential District with Lots 41 through 57 and Lots 61 thro-igh r I designated for duplexes and Lots 34 th-ough 40, Lots 58 through 60, and Lots 7Z t1irough 81 de=_ignated for single- family residences; 3. The :1 a, -.:e co-nme-:ial area at the northwest intersection of State Route '-; and East Turner Road to t1 --e C: -S, Cjrnmercial Shopi::g District. 46`? Minutes of '_March 1, 1978, cor_tinued c) Consider the request of Baumbach and Piazza, MATTERS RE Civii Engineers, on behalf of Sanguinetti and MOKELUMNE Arr_aiz Development Company, Developers of the VILLAGE Mokelumne Village Subdivision appealing the con - SUBDIVISION dition that the Developer pay for 25% of the costs SET FOR PUBLIC of installing traffic signal lights at the corner of HEARING(Co td.) Stockton Street and Turner Road. CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, the following actions hereby set forth between asterisks, or, motion of Council- man Pinkerton, Katzakian seco-d were approved b Council. CLAIMS CLAI_MS WERE APPROVED IN THE AMOUNT OF $972, 704. 56. SPECS APPRVD FOR COUNCIL APPROVED SPECIFICATIONS FOR A COMPACT 'TRUCK COMPACT TRUCK FOR THE FINANCE DEPART - FOR FINANCE MENT AND AUTHORIZED THE PURCHASING DEPT. AGENT TO ADVERTISE FOR BIDS THEREON. City Manager Glave=s presented the following bids which had been received for mid-size automobiles for the Administration. Department and the Fire De pa rtme rt: Bidder A. Fire Denartment B. Administration Sanborn Chevrolet 2 Nova $5091. 57 $5148.62 Well Motors, Inc. Z Aspen $5251.99 $5276.98 Geweke Ford 2 Fairmont 55261.66 $5280. 13 Sanbc--a Chevrolet 2 Malibu $5312.22 $5369.27 Courtesy -Lincoln Mercury 2 Monarch $5620.00 $5620.00 AWARD -MID-SIZE On recommendation of the City Manager, Council AUTOS FOR adopted the following resciution- ADMINIS I RA I ION & FIRE DEPT. RESOLUTION NO. 78-25 RES. NO. 78-25 RESOLUTION AWARDING 'THE CONTRACT TO SANBORN CHEVROLET, THE LOW BIDDER, FOR ONE MID-SIZE AUTOMOBILE FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $5091.57 AND ONE MID-SIZE AUTOMOBILE FOR THE ADMINIS- TRATION DEPARTMENT IN THE AMOUNT OF $5148.62. ACCEPTANCE OF Council was apprised that the contract for the "CENTURY/ "Centii y/Stockton Watermain, EDA Project No. STOCKTON WATER- 07-51. has been completed in substantial conform - MAIN, EDA PROD. ance with the plans and speciEcations approved by NO. 07-`_:' the City Council. The contra --t was awarded to Claude C. Wood Company of Lodi on November 16, 1977 in the amount of $51,806. 00 and the actual - completion date was February 24, 1978. COUNCIL ACCEPTED THE IMPROVEMENTS IN "CENTURY/STOCKTON WATERMAIN EDA PRO- JECT NO. 07-51'', AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COM- PLETION WITH THE COUNTY RECORDER'S OFFICE. 46 Minutes of March 1, 1978, continued HOMESTEAD MANOR City Manager Glaves apprised the Council UNIT NO. 1 that the subdivision improvements in Home - ACCEPTED stead Manor, Unit No. 1 have been completed in substantial conformance with the require - RES. NO. 78-26 ments of the Subdivision Agreement between the City of Lodi and Hawaii and San Francisco Investment Co. dated April 8, 1977 and as specifically set forth in the plans and specifica- tions approved by the City Council. RESOLUTION NO. 78-26 RESOLUTION ACCEPTING THE SUBDIVISION IMPROVEMENTS AND STREETS INCLUDED IN TRACT NO. 1202, HOMESTEAD MANOR, UNIT NO. 1. LOT LINE ADSUST- Council was apprised that Mr. Maxwell, the MENT AT 1797 AND owner of property located at 1797 S. Stockton 1625 S. STOCKTON Street and Ronald B. Thomas, et al, the ST. APPROVED owners of the property at 1625 S. Stockton Street, have worked out a property switch. This RES. NO. 78-27 transfer will allow Ro Tile to expand at a future date. At the time the owners expand, street - improvements will be constructed. Necessary dedications of rights-of-way and easements have been made. Diagrams of the subject parcels were presented for Council's scrutiny, RESOLUTION NO. 78-27 RESOLUTION APPROVING A LOT LINE ADJUST- MENT AT 1797 AND 1625 S. STOCKTON STREET. AGREEMENT WITH City Manager Glaves apprised the Council that CCT APPROVED some time ago the City Council authorized the extension of City water service to two residences at 6051 and 6093 East Pine Street. The owners of the above parcels have met all the conditions re- garding funding, easements, and annexation as specified at that time, and it is in order for the City to proceed with the services requested. The first step is to acquire the right to cross the Cen- tral California Traction Company right-of-way with the services, and the agreement has been pro- vided by the railroad. Following Council discussion, with questions being directed to Staff, Council, on motion of Councilman Katzakian, Pinkerton second approved an agreement with the Central California Traction Company for the right to cross the CCT right-of- way with services and authorized the Mayor to execute the Agreement on behalf of the City. RENEGOTIATION OF A letter has been received from Mr. Alfred B. WHITE SLOUGH Bechthold requesting an extension of or modifica- LEASE AGREEMENT tion of the existing lease for City owned land at the WITH NIR. AL White Slough Water Pollution Control Facility which BECHTHOLD terminates on November 1, 1978. Council was apprised that Mr. Bechthold has been an excellent lessee and has made many permanent improvements to the subject property. -6- 464 Minutes of March 1, 1978, continued WHITE SLOUGH Council discussion followed with questions LEASE (Continued) concerning the matter being directed to Staff. On motion of Councilman Katzakian, Pinkerton second, Council authorized Staff to start rene- gotiation of the lease agreement on the White Slough property with the present lessee, Mr. Bechthold. REFUSE The subject of refuse collection and refuse fees COLLECTION & which had been continued from the February 15, FEES 1978 Council meeting was again discussed at length. Questions concerning Sanitary City Disposal Company, Inc. operation and the Company's financial statements were posed by the Council to the Staff and to M-. Dario DeBenedetti who was in the audience. RECESS Mayor Katnich declared a recess, and the Councii reconvened at 9:40 p.m. REFUSE Following lengthy discussion, on motion of (Continued). Councilman Hughes, Katzakian second, the matter was continued to the adjourned City Council meeting of March 14, 1978. It was agreed that Mayor Katnich, Councilman Hughes and Assistant City Manager Glenn will be meeting with Mr. Dario DeBer_edetti prior to the March 14, 1978 Council meeting to review areas where there are questions. Councilman Ehrhardt arrived at approximately 10: 10 P.M. PROPOSED ORD. TO City Manager Glaves introduced Agenda Item "j!' PROVIDE FOR entitled "Proposed Ordinance to provide for the DEDICATION OF dedication of land or fees or both as a condition LAND FEES OR BOTH to the approval of new residential developments, AS A CONDITION TO for the purpose of providing classroom facilities THE APPROVAL OF where conditions of overcrowding exist in a public NEW RESIDENTIAL school attendance area. DEVELOPMENTS FOR THE PURPOSE OF PRO- The following persons spoke in support of the pro- VIDING CLASSROOM posed ordinance: FACILITIES WHERE CONDITIONS OF OVER a) Mr. Ellerth E. Larson, Superintendent of CROWDING EXIST IN Schools, Lodi Unified School District A PUBLIC SCHOOL ATTENDANCE AREA b) Lodi Unified School District Governing Board President Mrs. Laurel Wisenor c) Mr. Mark Ornellas, Counselor, San Joaquin County Counsel's Office d) Mr. Walter Sanborn, 2019 Debbie Lane, Lodi A very lengthy discussion followed with questions being directed to City Staff, Lodi Unified School District Staff and Governing Board members who were in the audience. -7- Lista Minutes of March 1, 1978, continued DEDICATION OF On motion of Councilman Katzakian, Ehrhardt LAND OR FEES second, Council by unanimous vote concurred (Continued) with the concept to provide for the dedication of land or fees or both as a condition to the appro- val of new residential developments, for the purpose of providing classroom facilities where conditions of overcrowding exist in a public school attendance area and indicated its willing- ness to work with the City of Stockton, San Joaquin_ County, and the Lodi Unified School District to put this project into being. POPLAR STREET A petition was presented for the installation of STREET LIGHTING street lights on Poplar Street bounded by DISTRICT Washington and Central Avenue. The City Clerk had examined and checked the signatures on the RES. NO. 78-28 petition and had certified that said petition con- tained signatures of the owners of more than 60% RES. NO. 78-29 of the property described in the petition. Council was apprised that the boundary of the district could be extended to include the block of Poplar - Street bounded on the east by Stockton Street; however, there were no property owners in that block willing to sign the petition. The petitioners waived the investigation provided for by the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" in connection with the installation. Plans and specifications for the proposed district (Poplar Street bounded by Washington Street and Central Avenue) were pre- sented for Council approval by the City Manager. Following discussion,, on motion of Councilman Hughes, Ehrhardt second, Council adopted Reso- lution No. 78-28 adopting the plans and specifica- tions for the Poplar Street Street Lighting District (Poplar Street bounded by Washington Street and Central Avenue.) On motion_ of Councilman Katzakian, Ehrhardt second, Council adopted Resolution No. 78-29 stating the Council's intention to form the Poplar Street Street Lighting District (Poplar Street bounded by Washington Street and Central Avenue) and setting the hearing thereon for April 19, 1978 at 8:00 p.m. COUNCILMAN Mayor Katnich announced that Councilman Ezra EHRHARD'T NAMED Ehrhardt had been named "Mr. Safety" for the "MR. SAFE'T'Y ". year by the San Joaquin County Safety Council, which honor had been bestowed upon him at a meet• ing held this evening. CITY TO RECEIVE Adayor Pro Tempore Pinkerton announced that the $416, OOOIN 325 City of Lodi is to be the recipient this year of FUNDS approximately $416, 000 in 325 Funds. CONSULTANT Following introduction of the matter by City TO REVIEW DIAL- Manager Glaves, Council tacitly agreed to have A -RIDE OPERATION JHK and Associates review the City of Lodi Dial - A -Ride operation todate. -3- 466 Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned to Tuesday, March 14, 1978 at 8:00 p.m. by Mayor Katnich on motion of Councilman Pinkerton, Ehrhardt second at approximately 11:35 P.M. Atte s t: ALICE M. REIMCHE CITY CLERK Minutes of March 1, 1978, continued ORD. ESTABLISHING Ordinance No. 1137 entitled "An Ordinance RATES FOR THE Repealing Ordinance No. 1089 and No. 1121 SALE OF ELECTRIC of the City of Lodi and Enacting a New ENERGY BY CITY OF Ordinance Establishing Rates for the Sale of LODI Electric Energy by the City of Lodi" having been introduced at a regular meeting of the ORD. NO. 1137 Lodi City Council held February 15, 1978 was ADOPTED brought up for passage on motion of Council- man Ehrhardt, Hughes 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 - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned to Tuesday, March 14, 1978 at 8:00 p.m. by Mayor Katnich on motion of Councilman Pinkerton, Ehrhardt second at approximately 11:35 P.M. Atte s t: ALICE M. REIMCHE CITY CLERK