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HomeMy WebLinkAboutMinutes - March 14, 1978Obi CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH 14, 1978 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. , Tuesday, March 14, 1978 in the City Hall Council Chambers. ROLL CALL Present: Councilmen. - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assis- tant City Manager Glenn, Community Devel- opment Director Schroeder, Public Works Director Ronsko, City Attorney Mullen and City Clerk Reimche. INVOCATION The invocation was given by Councilman Ezra Ehrhardt. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. PUBLIC HEARINGS Notices thereof having been published in accor- dance with law and affidavits of publication be- ing on file in the office of the City Clerk, Mayor Katnich called for the following Public Hearings to be heard simultaneously: MOKELUMNE a) Consider the Planning Commission's recom- VILLAGE mendation that the City Council certify as ade- SUBDIVISION quate the Final Environmental Impact Report for Mokelumne Village General Plan and E. I. R. Zoning Study. REZONING REQUEST b) Consider the City Planning Commission's re- commendation that the upland portion of the APPEAL RE COST OF Mokelumne Village Subdivision, which is LNSTALLING TRAFFIC located on the north side of East Turner Road SIGNAL LIGHTS between the Southern Pacific Railroad right- of-way and State Route 99, be rezoned from P -D(3), Planned Development District No. 3 in the following manner: i. Lots 1 through 33 and Lots 90 through 128 to the R- 1, Single Family Residen- tial, with the exception of those portio: s of Lots 16 through 27 which are below elevation 48, shall remain in the F -P, Floodplain District; -1- I ms Minutes of March 14, 1978, continued MOKELUMNE VILLAGE ii. Lots 34 through 89 to the R -LD, SUBDIVISION Low Density Multiple Family Residen- (Continued) tial District with Lots 41 through 57 and Lots 61 through 71 designated fo- du- plexes and Lots 34 through 40, Lots 58 through 60, and Lots 72 through 89 desig- nated for single-family residences; iii. The 11 acre commercial area at the north- west i-ntersection of State Route ?? and East Turner Road to the C -S, Commercial Shopping District. c. Consider the request of Baumbach and Piazza, Civil Engineers, on behalf of Sanguinetti and Arnaiz Development Company, Developers of the Mokelumr_e Village Subdivision appealir_g the con- dition that the Developer pay for 2550 of the costs of installing traffic signal lights at the corner of Stockton Street and Turner Road. The matters were introduced by Community Devel- opment Director Schroeder who presented diagrams of the subject area and answered questions regarding the matters as were directed by Council. Mr. Terry Piazza, Baumbach and Piazza, Civil Engineers, representing Sanguinetti and Arnaiz Development Company, Developers of the Mokelumne Village Subdivision addressed the Council on the sub- ject and answered questions regarding the matters as were posed by the Council. Mr. Piazza spo_ce on behalf of the appeal of Sanguinetti and Arnaiz Development Company regard- ing the condition that the Developer pay for 23% of the costs of installing traffic signal lights at the corner of Stockton Street and Turner Road, statir_g that this requirement is not presently covered by City Ordi- nance. Mr. Piazza also pointed out that he was concerned with the proposed rezonings being designated by lot numbers as it was possible some adjustments would be made in these lots. Community Development Director Schroeder stated that these rezonings could be designated by legal description. Lengthy discussion followed with questions being posed by the Council to the City Attorney, Community Devel- opment Director Schroeder, Public Works Director Ronsko and Mr. Terry Piazza. There were no other persons in the audience wishing to speak on the matter, and the public portion of the hearing was cloned. Following review, evaluation, and discussion regard- ing the subject environmental documents, Council, on motion of Councilman Katzakiar_, Ehrhardt second, certified as adequate the final Environmental Impact Report for Mokelu-nne Village General Plan and Zoning Study. -2- Minutes of March 14, 1978, continued 4 , MOKELUMNE On motion of Councilman Pinkerton, Ehrhardt VILLAGE second, Council indicated its willingness to into - SUBDIVISION duce an ordinance rezoning the upland portion of (Continued) the Mokelumne Village Subdivision, which is located on the north side of East Turner Road be- tween the Southern Pacific Railroad right-of-way and State Route 99 from P -D(3) as follows when the moratorium on the approval of all tentative maps, final maps, and rezonings has been lifted: 1. Lots 1 through 33 and Lots 90 through 128 to the R- 1, Single Family Residential, with the exception of those portions of Lots 16 through 27 which are below elevation 48, shall remain in the F -P, Floodplain District; 2. Lots 34 through 89 to the R -LD, Low Density Multiple Family Residential District with Lots 41 through 57 and Lots 61 through 71 designated for duplexes and Lots 34 through 40, Lots 58 through 60, and Lots 72 through 89 designated for single-family residences; 3. The 11 acre commercial area at the north- west intersection of State Route 99 and East Turner Road to the C -S, Commercial Shopp- ing District. Councilman Ehrhardt then moved that item "c" - "Consider the request of Baumbach and Piazza, Civil Engineers, on behalf of Sanguinetti and Arnaiz Development Company, Developers of the Mokelumne Village Subdivision appealing the condi- tion that the Developer pay for 25% of the Costs of installing traffic signal lights at the corner of Stockton Street and Turner Road" be tabled until the new Council can establish a policy on this. The motion was seconded by Mayor Katnich. Following a lengthy discussion, the motion failed to pass by unanimous vote. Councilman Hughes then moved that the Developers of the Mokelumne Village Subdivision not be re- quired to pay for 25% of the costs of installing traffic signal lights at the corner of Stockton Street and Turner Road. The motion was seconded by Council- man Pinkerton and carried by unanimous vote. It was suggested that Staff prepare a report for Council on its recommendations concerning the sett- ing of a policy regarding Developer's responsibilities for paying for a portion of the costs of installing traffic signal lights. COMMUNICATIONS The City Clerk presented a letter which had been re - SIDEWALK, ceived from Mr. Oliver H. Brouillard, 711 Westwood DRIVEWAY Avenue, Lodi, California stating that he would like to GARBAGE PICKUP see a lower rate for sidewalk, driveway pickup as he URGED feels that this type of service is eminent in the com- munity as a means of saving money. -3- 470 Minutes of March 14, 1978, continued REPORTS OF THE CITY MANAGER In accordance with the report and recommenda- tion of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Ehrhardt second, were approved by Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $505,2Z4.12. SPECS APPROVED COUNCIL APPROVED SPECIFICATIONS FOR FOR WATER/SEWER ONE WATER/SEWER MAINTENANCE SERVICE MAINTENANCE TRUCK IN THE 27,500 POUND GROSS VEHICLE SERVICE TRUCK WEIGHT AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON, CONFLICT OF Council was apprised that the City Manager, all INTEREST FILINGS Designated Employees and Planning Commission RECD. FROM CITY members of the City of Lodi had filed Conflict of :MANAGER, DESIG- Interest Filings with the City Clerk pursuant to NATED EMPLOYEES the Conflict of Interest Code adopted by the City & PLANNING Council on May 18, 1977. This filing period COMMISSION MEM- covers the period from the date of the initial filing BERS through December 31, 1977. COUNCIL RECEIVED AS FILED CONFLICT OF INTEREST FILINGS BY THE CITY MANAGER, ALL DESIGNATED EMPLOYEES AND PLANNING COM- MISSION MEMBERS OF THE CITY OF LODI. WATER/SEWER City Manager Glaves informed the Council that FOREMAN CLASS due to a recent reorganization within the Water and SPECS APPROVED Sewer Division which came about due to the pur- chase of the City's hydraulic sewer cleaner, there is no longer a need for the job classification of Water Services Foreman I. The title of Water Ser- vices Foreman indicates only work or. the water system. The crews in the Water and Sewer Division work both on water and sewer systems; therefore, it is appropriate that the job title for all foremen in the Water and Sewer Division be changed to "Water/ Sewer Foreman". COUNCIL ELIMINATED THE JOB CLASSIFICATIONS OF WATER SERVICES FOREMAN I AND II AND ADOPTED THE CLASS SPECIFICATIONS FOR WATER/SEWER FOREMAN AT SALARY RANGE 31. ORD. RE DRINKING City Manager Glaves apprised the Council of a recent ON PUBLIC STREETS meeting that had been held with downtown merchants regarding problems being encountered in the downtown ORD. NO. 1139 area. INTRO. A proposed ordinance prepared by City Attorney Mullen regarding possession of open liquor containers was presented for Council's perusal. -4- Minutes of March 14, 1978, continued 471 ORD. RE DRINKING ON PUBLIC STREETS Council discussion_ followed with questions regarding the proposed ordinance being directed ORD. NO. 1139 INTRO. to the City Attorney and to the City Manager by (Continued) the Council. Councilman Ehrhardt then moved introduction of Ordinance No. 1139 entitled "An Ordinance making it illegal to drink or have an open container of alcoholic beverage in any public place within the City of Lodi". The motion was seconded by Councilman Pinkerton and carried by unanimous vote: REFUSE COLLECTION The subject of refuse collection and refuse fees & FEES which had been continued from the February 15, 1978 and March 1, 1978 Council meetings was again REFUSE RATES discussed at length. ORD. NO. 1140 Questions concerning Sanitary City Disposal Company, INTRO. Inc. operations and the Company's financial state- ments were directed to Staff. Councilman Hughes then moved introduction of Ordinance No. 1140 proposing that a residential rate increase be established per Assistant City Manager Glenn's figures, but that the monthly charge increase of $7, 829 being proposed be implemented or imposed in the form of a surcharge to be collected over a 14 month period commencing May 1, 1978 which would calculate out as follows: 1st can $2.48 basic rate .52 surcharge $3.00 2nd can $1.00 basic rate .20 surcharge $1.20 and that s omtime prior to the end of the 14 month period that the City evaluate where it is and project the future rate needs; and further, that an ongoing rate increase of 101/2%a be imposed on both commer- cial and residential customers commencing May 1, 1978. The motion was seconded by Councilman Katzakian. Additional discussion followed with questions being directed to Staff. Following the call for the question, the motion carried by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Katzakian and Pinkerton Noes: Councilmen - Katnich Absent: Councilmen - None ME 472 Minutes of March 14, 1978, continued FUNDS APPROVED Following additional discussion, Council, on FOR AUDIT OF motion of Councilman Hughes, Katzakian second SANITARY CITY authorized the expenditure of $5, 000 to retain a DISPOSAL BOOKS nationally recognized auditing firm to conduct an audit of the Sanitary City Disposal Co., Inc. books. RECESS Mayor Katnich declared a recess and the Council reconvened at approximately 9:55 p.m. FURTHER PARKING Council was apprised that the City has had a re - RESTRICTIONS quest from Mr. Arthur Uhls, 804 Dorchester APPROVED IN AREA Circle, Lodi asking that restricted parking similar OF "NEW" TOKAY to that of other restrictions in the area of the "new" HIGH SCHOOL Tokay High School be extended to include the existing portion of Dorchester Circle. RES. NO, 78-30 Council discussion followed with questions regarding the request being directed to Staff. An exhibit of the - subject area was presented for Council's perusal. On motion of Councilman Pinkerton, Ehrhardt second, Council adopted Resolution No. 78-30 res- cinding Resolution No. 4410 and amending Section 195 (j) of Ordinance No. 493 with the addition of sub- section r_umber "21" which shall read in full as follows. (2 1) Parking shall be prohibited between the hours of 9:00 a. m, and 10:00 a.m. and 12:30 p.m. and 1:30 p.m. on school days upon any of the following enumerated streets: a) Dartmoor Circle b) on the south side of Century Boulevard from Ham Lane to and including Dorchester Circle. AGENDA ITEM "h" With Council's concurrence, Agenda Item "h" - PULLED FROM "Approve Development Agreement - Ferdun and AGENDA Woods" was pulled from the Agenda. REVISED STATEMENT Council was apprised that Mr. Pete Dias, State OF POLICIES & PRO- Office of Planning and Research had been in contact CEDURES SPECIFIC with Community Development Director Schroeder TO THE NOISE requesting that the last paragraph of Resolution No. ELEMENT AND TO THE 78-16 - "Resolution Requesting a Time Extension to SAFETY /SEISML IC September 1, 1978 for Completion of the Safety and SAFETY ELEMENT Seismic Safety Elements of the General Plan by the APPROVED City of Lodi" be amended to read in full as follows: RES. NO. 78-16 AND "WHEREAS, the City of Lodi has granted and will 78-18 AMENDED continue to grant land use approvals only to those projects which are consistent with its existing General Plan Elements and on the basis of available information must be consistent with the new elements being studied and considered; and" On motion of Councilman Katzakian, Ehrhardt second, Council amended Resolution No. 78-16 thereby revis- ing the Statement of the Policies and Procedures specific to the Safety/Seismic Safety Element. -6- Minutes of Mar_ -h 14, 1978, continued 473 NOISE, SAFETY / Mr. Dias Had also requested that the sixth para - SEISMIC & SAFETY graph of Resolution No. 78-18 - "Resolution ELEMENTS Requestir=g a *:ime Extension to September 1, 1978 RES. NO. 78- to & for Completion of the Housing Element of the 78-18 AMENDED General Plan by the City of Lodi" be amended to (Continued) read in full as follows: "WHEREAS, the City of Lodi has granted and will continue to grant land use approvals only to those projects which are consistent with its existing Gene.-ai Pian Elements and on the basis of avail- able information must be consistent with the new elements being studied and considered; and" On motion of Councilman Katzakian, Ehrhardt second, Ccu_ncil amended Resolution No. 78-18 thereby revising the Statement of the Policies and Procedures specific to the Noise Element. Council was informed that funds were budgeted in the 1977-78 Capital Improvement Program for the COUNCIL AUTHORIZES demolition of the old sewer farm plant and the pre - STAFF TO NEGOTIATE paration of plans and specifications for the comple- AGREEMENT WITH tion of the Municipal Service Center complex for ARCHITECT FOR the Public Works and Utility Departments. COMPLETION OF MSC COMPLEX The architectural work for the completion of the MSC complex will consist of the following three phases: PHASE I - Environmental and economic feasibility studies on the possible use of solar energy for this complex. PHASE II - A detailed site pian to include size, location and the interior configuration of all build- ings proposed for the complex. PHASE III - The final preparation of plans and specifications for the completion of the MSC com- plex project subject to the completion of the first two items. Following discussion, Council, on motion of Council- man Katzakian, Pinkerton second, authorized Staff to commence negotiation of an agreement with Morris - Wenell Associates to perform the architec- tural wore for the completion of the MSC complex. 3/7/78 GENERAL City Clerk Reirnche certified that she had canvassed MUNICIPAL the returns of the General Municipal Election of ELECTION RESULTS :March 7, 1978 and reported the results thereof. On motion of Councilman Ehrhardt, Katzakian second, RES. NO. 78-31 the Council adopted the following resolution: WHEREAS, a General Municipal Election was held and conducted in the City of Lodi on Tuesday, the 7th day of Maxch, 1978, as is required by law; anal WHEREAS, it appears from the report of the City Clerk and the records on file in her office that voting precincts were properly established and the polling places thereof designated; that election officers wrre -7- 474 Minutes of March 14, 1978, continued ELECTION RESULTS appointed and qualified; that election supplies, RES. NO. 78-31 including cff`_cial ballots, were furnished each of (Continued) said precincts; and that in all respects, said elec- tion was held and conducted and the votes received thereat received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State providing for and regulating elections in gen- eral law cities; and WHEREAS, in accordance with Resolution No. 4420, the City Clerk conducted the canvass of the returns of said election; and WHEREAS, the City Council of the City of Lodi, meeting at the City Council Chambers this 14th day of March 1978, to declare the results of the election and to install the newly elected officers, finds, deter. mines and declares, as a result of said count and can, vas s as certified by the City Clerk: (1) That said General Municipal Election was held and conducted in the City of Lodi, California, on the 7th day of March, 1978, in time, form and manner re- quired by law; (2) That there were sixteen voting precincts estab- lished in said City for the purpose of holding said election, viz: VOTING PRECINCT 1, comprising State and County precinct numbers L2401 and L2403. VOTING PRECI_VCT 2, comprising State and County precinct numbers L2402 and L2404. VOTING PRECINCT 3, comprising State and County precinct numbers L2406 and L2407. VOTING PRECINCT 4, comprising State and County precinct numbers L2408 and L2409. VOTING PRECINCT 5, comprising State and County precinct numbers L2410 and L2432. VOTING PRECINCT 6, comprising State and County precinct numbers L2411 and L2427. VOTING PRECINCT 7, comprising State and County precinct numbers L2412 and L2413. VOTING PRECINCT 8, comprising State and County precinct numbers L2405 and L2414. VOTING PRECINCT 9, comprising State and County precinct numbers L2415 and L2416. VOTING PRECINCT 10, comprising State and County precinct numbers L2417 and L2430. VOTING PRECINCT 11, comprising State and County precinct numbers L2418 and L2419. -8- March 14, 1978, continued 475 ELECTION RESULTS VOTING PRECINCT 12, comprising State and County RES. NO. 78-31 precinct numbers L2420 and L2422. (Continued) VOTING PRECINCT 13, comprising State and County precinct numbers L2421 and L2431. VOTING PRECINCT 14, comprising State and County precinct numbers L2423 and L2424. VOTING PRECINCT 15, comprising State and County precinct numbers L2425 and L2429. VOTING PRECINCT 16, comprising State and County precinct numbers L2426 and L2428. (3) That the whole number of votes cast at said election was four thousand nine hundred one (4, 901). ` (4) That the names of the persons voted for, the offices for which they were voted, and the number of votes received by each of said persons in each of said precincts, together with the whole number of votes received in the entire City by each of said per- sons are as shown on Exhibit "A" attached hereto and by reference made a part hereof. EXHIBIT "A" GENERAL MUNICIPAL ELECTION MARCH 7, 1978 FOR CITY COUNCILMAN Precinct Hughes Ehrhardt Katnich McCarty Murphy 1 156 134 129 131 103 2 117 89 100 96 73 3 139 135 118 104 79 4 158 128 153 I60 140 5 147 122 141 144 119 6 182 180 193 234 208 7 220 185 229 236 145 8 116 105 134 138 90 9 254 241 Z57 214 163 10 150 145 156 186 164 11 144 117 122 122 89 12 192 152 200 171 216 13 211 192 261 206 222 14 181 140 192 199 146 15 Z07 139 218 170 171 16 227 218 314 224 197 Abst. 80 67 82 75 41 TOTAL 2,881 2,489 2,999 2,810 2,366 RESOLVED, THEREFORE, that at said General Municipal Election held in the City of Lodi on March 7,, 1978, the following named persons were elected to the office of City Councilman: -9- 476 Minutes of March 14, 1978, continued ELECTION RESULTS RES. NO. 78-31 (Continued) RICHARD L. HUGHES, for a term of four years from and after the 14th day of March, 1978, and until his successor shall have been elected and shall have qualified; WALTER J. KATNICH, for a term of four years from and after the 14th day of March, 1978, and until his successor shall have been elected and shall have qualified; JAMES A. McCARTY, for a term of four years from and after the 14th day of March, 1978, and until his successor shall have been elected and shall have qualified; Upon the adoption of this resolution, the City Clerk shall enter a full copy thereof on the records of the City Co::ncil of the City of Lodi for its meeting held this 14th day of March, 1978. COUNCILMAN Mayor Katnich presented to Councilman Ezra EHRHARDT Ehrhardt a plaque which read in part as follows; COMMENDED FOR SERVICES TO "The City of Lodi, California gratefully makes COMMUNITY this presentation to Ezra Ehrhardt, who untir- ingly and unselfishly gave of his time, energy and effort for the betterment of his City. "The citizens will long remember the dedication to fairness and strength of purpose which guided his actions while serving as a City Councilman." Parting remarks were made by Councilman Ehrhardt, who publicly thanked the people of Lodi for allowing him to serve on the Council. OATH OF OFFICE The City- Clerk administered the oath of office to Mr. Richard L. Hughes, Mr. Walter J. Katnich, and Mr. James A. McCarty and presented a cer- tificate of election to each. REORGANIZATION OF THE CITY COUNCIL MAYOR AND MAYOR The City Clerk called the new Council to order and PRO TEMPORE asked for nominations for Mayor. Councilman ELECTED Katzakian nominated Councilman James Pinkerton, The motion was seconded by Councilman Hughes. There being no further nominations, the nominations were closed. Councilman Pinkerton was elected Mayor by unanimous vote. Councilman Katnich in stepping down as Mayor called on Mayor Pinkerton to develop a set of speci- fic goals that he wants the Council to accomplish during the nest year. Councilman Katnich stated that the Council he worked with as Mayor was one of the finest Councils around and that he felt the Council had provided good direction and reacted well to all sorts of situations. -10- Minutes of March 14, 1978, continued 47 REOGRANIZATION OF Mayor Pinkerton then called for nominations for CITY COUNCIL Mayor Pro Tempore. Councilman Katnich (Continued) nominated Councilman Katzakian. The motion was seconded by Councilman Hughes. There being no further nominations, the nominations were closed. Councilman Katzakian was elected Mayor Pro Tempore by unanimous vote. ADJOURNMENT There being no further business to come before the Council, Mayor Pinkerton adjourned the meeting to Wednesday, March 22, 1978 at 8tb0 D. M. Attest: ALICE M. REIMCHE CITY CLERK - 11-