HomeMy WebLinkAboutMinutes - March 16, 1977172
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
MARCH 16, 1977
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p.m., Wednesday, March 16, 1977 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, 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 Tim Thompson,
Nautico Ministries.
PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag.
MINUTES On motion of Councilman Hughes, Katzakian second,
the Minutes of March 2, 1977 were approved as
written and mailed.
PRESENTATIONS -
a) Mayor Katnich declared March 25, 1977 as
"Soroptimist Sunshi:-.e Trail Day".
b) Mayor Katnich declared April 3, through April 9,
1977 as the "Week of the Young Child" and
presented the Proclamation to Reverend Gordon
Elmes, Century Assembly Church - Pre School
De partment.
c) Dr. Clifford Kerr, 840 S. Fairmont Avenue, Lodi
addressed the Council regarding the "LDS (Mormon)
Church Back to Basics Fair" to be held March 26,
1977. Following his presentation, Dr. Kerr pre-
sented the Council and Staff with gifts of home-
made freshly ground wheat bread and concord
grape jelly.
PUBLIC HEARINGS
Notice thereof having been published and posted in
FLORA STREET
accordance with law and affidavits of publishing and
& ALLEY
posting being on file in the office of the City Clerk,
ABANDONMENT
Mayor Katnich called for the Public Hearing on the
proposed vacation of approximately 600 feet of Flora
ORDER TO
Street immediately west of Cherokee Lane and the alley
VACATE ADOPTED
located north of Eden Street from Cherokee Lane to
300 feet west of Cherokee Lane.
17?
Minutes of March 16, 1977, continued
PUBLIC HEARINGS
(Continued)
a. that easements be retained covering those public
utilities which will not be removed or abandoned;
b. that a portion of the water line in the alley be
abandoned;
c. that sewer, water and electrical services to those
lots which formerly contained dwelling units be aban-
doned;
d. that street improvements on Garfield Street at
Flora Street related to the abandonment be constructed;
e. that street improvements on Cherokee Lane at
Flora Street related to the abandonment be constructed;
f. that storm drainage related to the proposed aban-
donments be provided;
g. that any hazardous sidewalks be replaced;
h. that the street light system along that portion of
Flora Street be abandoned;
i. that fencing with concrete mowing strips to City
standards be provided;
j. that the alley abandonment be conditioned on the
provision of a second fire hydrant on the Garfield
School site as approved by the City Fire Chief;
k. that the street abandonment be conditioned on the
Lodi Unified School District providing Mr. Walter
Flowers track access from the abandoned portion of
Flora Street to the alley between Flora Street and
Hilborn Street;
1. that if a common driveway is desired by Mr.
Walter Flowers and Mr. Don Parker, owners of that
portion of the abandoned Flora Street adjacent to their
properties, that they file copies of the necessary
crossover easements with the City;
-2-
The matter was introduced by Community
FLORA STREET
Development Director Schroeder who also pre-
& ALLEY
sented diagrams of the subject area for Council's
ABANDONMENT
scrutiny.
ORDER TO
Mr. Schroeder apprised the Council that in action
VACATE ADOPTED
March 14, 1977, the Planning Commission deter -
(Continued)
mined that no public need existed and recommended
that the City Council vacate Flora Street between
South Garfield Street and South Cherokee Lane and a
public alley west of South Cherokee Lane between
Flora Street and Eden Street with the following condi-
tions:
a. that easements be retained covering those public
utilities which will not be removed or abandoned;
b. that a portion of the water line in the alley be
abandoned;
c. that sewer, water and electrical services to those
lots which formerly contained dwelling units be aban-
doned;
d. that street improvements on Garfield Street at
Flora Street related to the abandonment be constructed;
e. that street improvements on Cherokee Lane at
Flora Street related to the abandonment be constructed;
f. that storm drainage related to the proposed aban-
donments be provided;
g. that any hazardous sidewalks be replaced;
h. that the street light system along that portion of
Flora Street be abandoned;
i. that fencing with concrete mowing strips to City
standards be provided;
j. that the alley abandonment be conditioned on the
provision of a second fire hydrant on the Garfield
School site as approved by the City Fire Chief;
k. that the street abandonment be conditioned on the
Lodi Unified School District providing Mr. Walter
Flowers track access from the abandoned portion of
Flora Street to the alley between Flora Street and
Hilborn Street;
1. that if a common driveway is desired by Mr.
Walter Flowers and Mr. Don Parker, owners of that
portion of the abandoned Flora Street adjacent to their
properties, that they file copies of the necessary
crossover easements with the City;
-2-
174
Mr. Baranoff gave a brief summation of the Garfield
School Replacement Project. Mr. Baranoff indicated
that there would be no major problems in meeting the
conditions for the proposed street and alley vacations
as set forth by the Planning Commission.
Council discussion followed with questions being
directed to Staff and to Mr. Baranoff.
Minutes of March 16, 1977, continued
PUBLIC HEARINGS
Council adopted order vacating approximately 600 feet
(continued)
m. that engineered plans covering on and off-site
public improvements be provided;
FLORA STREET
n. that the Lodi Unified School District be
& ALLEY
responsible for the cost of the public hearings in
ABANDONMENT
connection with the abandonments, the engineering
AT 1901 S. CHURCH
in conjunction with required public improvements
ORDER TO
and any other changes involved with the above
VACATE ADOPTED
conditions.
(c ontinue d)
of the City Planning Commission's denial of his request
ORD. NO. 1101
Speaking on behalf of the proposed vacation was
INTRODUCED
Mr. Constantine 1. Baranoff, Director -Facilities
and Planning, Lodi Unified School District,
Mr. Baranoff gave a brief summation of the Garfield
School Replacement Project. Mr. Baranoff indicated
that there would be no major problems in meeting the
conditions for the proposed street and alley vacations
as set forth by the Planning Commission.
Council discussion followed with questions being
directed to Staff and to Mr. Baranoff.
Following Council discussion on the matter, Councilman
Ehrhardt moved introduction of Ordinance No. 1101
-3-
On motion of Councilman Hughes, Katzakian second,
Council adopted order vacating approximately 600 feet
of Flora Street immediately west of Cherokee Lane
and the alley located north of Eden Street from Cherokee
Lane to 300 feet west of Cherokee Lane with conditions
"a" through "n" as heretofore set forth.
PARCEL LOCATED
Notice thereof having been published in accordance With
AT 1901 S. CHURCH
lav and affidavit of publication being on file in the office
ST. REZONED
of the City Clerk, Mayor Katnich called for the public
FROM R-1 TO R -MD
hearing to consider the appeal of Mr. Glenn R. Hipsz
of the City Planning Commission's denial of his request
ORD. NO. 1101
to rezone a parcel located at 1901 South Church Street,
INTRODUCED
Lodi from R- 1, Single Family Residential to R -MD,
Medium Density Multiple Family Residential.
Councilman Katzakian asked to abstain in the dis-
cussion and voting on this matter as this parcel of
property is listed for sale with his Company.
The matter was introduced by Community Development
Director Schroeder who also presented a diagram of
the subject area.
Mr. Glenn R. Hinsz, 11 N. Mills, Lodi, addressed
the Council urging the rezoning of this parcel to R -MD,
stating that the proposed rezoning is within the General
Plan. Mr. Hinsz stated that the property is prpsen#y
up for sale and that he is aware of the required dedication
if the property is improved.
There being no other persons in the audience wishing to
speak on the matter, the public portion of the hearing
was closed.
Following Council discussion on the matter, Councilman
Ehrhardt moved introduction of Ordinance No. 1101
-3-
175
Minutes of March 16, 1977, continued
PUBLIC HEARINGS rezoning parcel located at 1901 South Church
(Continued) Street, Lodi from R- 1, Single -Family Residential
to R -MD, Medium Density Multiple Family
1901 S, CHURCH ST. Residential. The motion was seconded by Councilman
REZONED Hughes and carried by the following vote:
ORD. NO, 1101 Ayes: Councilmen - Ehrhardt, Hughes, Pinkerton
INTRO. (Continued) and Katnich
Noes: Councilmen - None
Abstain: Councilmen - Katzakian
Absent: Councilmen - None
WELL'SWOOD AVE. Notice thereof having been mailed to the property
ST. LIGHTING owners and also published and posted in accordance
DISTRICT with law, affidavits of which are on file in the office
ASSESSMENT of the City Clerk, Mayor Katnich called for the puWlc
CONFIRMED hearing on the assessment for the Wellswg9d Avenue
Street Lighting District.
RES. NO. 4331
The matter was introduced by City Manager Glaves,
with questions regarding the assessment being
directed to Staff by the Council.
There were no persons in the audience wishing to
speak on the matter, and the public portion of the
hearing was closed.
On motion of Councilman Katzakian, Ehrhardt second,
the City Council adopted Resolution No. 4331 confirming
the assessment for the Wellswood Avenue Street
Lighting District.
PLANNING COMMISSION
FLORA STREET The City Manager gave the following report of the
VACATION Planning Commission's meeting of INIarch 14, 1977:
The Planning Commission -
1. Determined that no public need existed and recom-
mended that the City Council vacate Flora Street
between South Garfield Street and South Cherokee Lane
and a public alley west of South Cherokee Lane between
Flora Street and Eden Street with the following conditions:
a. that easements be retained covering those public
utilities which will not be removed or abandoned;
b. that a portion of the water line in the alley be
abandoned;
c. that sewer, water and electrical services to those
lots which formerly contained dwelling units be
abandoned;
d. that street improvements on Garfield Street at
Flora Street related to the abandonment be constructed;
-4-
176
Minutes of March 16, 1977, continued
PLANNING COMMISSION
FLORA ST. VACATION e. that street improvements on Cherokee Lane
(Coxltinued) at Flora Street related to the abandonment be
constructed;
f. that storm drainage related to the proposed
abandonments be provided;
g. that any hazardous sidewalks be replacgd;
h. that the street light system along that portion
of Flora Street be abandoned;
i. that fencing with concrete mowing strips to
City standards be provided;
j. that the alley abandonment be conditior;ed on
the provision of a second fire hydra{rt on the
Garfield School site as approved by the City Fire
Chief;
k. that the street abandonment be conditioned on
the Lodi Unified School District providing Mr.
Walter Flowers truck access from the abandoned
portion of Flora Street to the alley between Flora
Street and Hilborn Street;
1. that if a common driveway is desired by Iy1r,
Walter Flowers and Mr. Don Parker, owners of
that portion of the abandoned Flora Street adjacent
to their properties, that they filp copies of the
necessary crgssover casements with the City;
m. that engineered plans covering on and off-
site public improvements be provided;
n. that the Lodi Unified School District be
responsible for the cost of the public hearings in
connection with the abandonments, the engineering
in conjunction with required public improvements
and any other changes involved with the above
conditions.
E, I. R. &-
2. Recommended that the City Council certify as
PROPOSED REZONING
adequate the Final Environmental Impact Report on the
ON TEMPLE BAPTIST
request of the Temple Baptist Church to rezone a _
CHURCH 28. 8.ACRE
28. 8 -acre parcel at the northwest corner of Lower
PARCEL
Sacramento Road and the future extension of West Ving
Street from U -H, Unclassified Holding District tp
P -D( 16), Planned Developmpnt District No, 16, to
accommodate a church complex including a sanctuary,
educational buildings, recreational areas, retirement
housing and a convalescent home;
3. Recommended the approval of the request of Temple
Baptist Church for the above described rezoning with
the following conditions
a. that Lower Sacramento Road be dedicatgd and
improved in conformance with the adopted
Specific Plan;
-5-
173
PLANNING COMMISSION - Minutes of March 16, 1977, continued
E. 1, it, & PROPOSED
b, that West Vine Street be dedicated and
REZONING TEMPLE
improved in conformance with a 64 -foot
BAPTIST CHURCH
right-of-way with a minimum paved section
(Continued)
to provide for two lanes of traffic and one
parking lane:
PLANNING
c, that West Tokay Street be dedicated and
CQMMISSIONER
improved with a 55 -foot right-of-way to the
DANIELS RESIGNS
approval of the Public Works Director;
d, that the temporary storm drainage facilities
meet the conditions as established by the City
Council with the engineering design to the
approval of the Public Works Director;
e. that all utility extensions tte in conformance
to adopted City Policy; and
f. that each phase of the development be subject
to the acquisition of a Use Permit from the
Planning Commission.
On motion of Councilman Ehrhardt, Katzakian segond,
the matters were set for Public Hearing on April 6,
1977.
ITEMS OF INTEREST
The Planning Commission also -
I. Continued consideration of the request of Mr. Ted
Wagner for a Variance to reconstruct a nonconforming
grocery store (i, e., T and Z Market) destroyed by
fire at 723 North Loma Drive in an area zoned R-2,
Single -Family Residential pending a legal opinion from
the City Attorney concerning the apparent contradic-
tory sections of the Zoning Ordinance.
2. Conditionally approved the request of Aladdin Real
Estate by Mr. Ronald B. Thomas for a Variance to
reduce the required front yard from 7�0 feet to 10 feet
of Lots 13-20 of Sturla Park Subdivision, a 4. 5 -acre,
20 -lot tract for professional offices, to permit
required off-street parking to encroach 10 feet into the
front yard on the south side of West Tokay Street
between South Fairmont Avenue and South Ham Lane
in an area zoned C.P, Commercial Professional.
COMMUNICATIONS
LTR. OF
The City Clerk presented a letter of appreciation from
APPRECIATION
Mrs. Kay Wright of Lynwood, California thanking the
RECD.
Police Department and Court for the manner in which
they handled an incident involving a member of her
family.
PLANNING
A letter of resignation which had been received from
CQMMISSIONER
Herman Daniels stating he is resigning from the Lodi
DANIELS RESIGNS
Planning Commission due to health reasonp was
presented to the Council. The Council extended its
appreciation to Mr. Daniels for his service to the
community as a member of the Planning Commission,
and directed the City Clerk to prepare an appropriate
expression of appreciation which will be presentedto
Mr. Daniels at a later date,
-6-
178
Minutes of March 16, 1977, continued
COMMUNICIiTIONS
(Continued.]
APPEAL RE FRONT City Clerk Reimche presented a letter from Mr.
YARD SET BACK ON Al Hansen, 5Z1 Park Street, Lodi stating he
PARK ST, SET FOR wishes to appeal the Lodi Planning Commission's
PUBLIC HEARING decision of February Z8, 1977 regarding the
front yard set back on Park Street. On motion of
Councilman Katzakian, Ehrhardt second, Council
set the matter for Public Hearing on April 6, 1977,
CLAIM
The City Clerk presented a Claim filed on behalf
of Marianne B. Nye, 6107 Cresenda, Stockton,
California for damages in the amount of $10, 000,
On motion of Councilman Ehrhardt, Katzakian
second, Council rejected the claim and referred
the matter to the City's Agent of Record.
P,UICI
The City Clerk presented the following communi-
APPLICATIONS
cations which had been received regarding P. U. C.
applications;
a) P. G. &E. amended Application 56845 filed with
the California P. U. C. on February 25, 1977 re-
garding rate increase and charges to offset cots
of supplemental conservation programs,
b) P. G, &E. Application 57122 giving notice it has
requested authorization under an Energy Cost
Adjustment Clause to increase rates and charges
for electric service.
c) Offset Application No. 57 121 of P.G. &E, filed
with the P. U. C, proposing to increase its gas
rates on June 1, 1977 to offset increases in price
of gas from El Paso Natural Gas Company.
COMPLAINTS
The City Clerk presented a letter from the California
REGARDING
Roadside Council of San Francisco which stated that
BILLBOARDS AT
"they are unhappy to learn that Lodi's City govern -
ENTRANCES TO
ment is subsidizing the billboard industry... " with
C IT"y
regard to billboards at the outskirts of Lodi and
requested reconsideration when the leases for these
billboards come up for renewal. Discussion
followed with the Council expressing objections to'
this letter.
SUPPORT OF
A letter from the City of Lomita was presented to'
ASSEMBLY
which was attached a draft resolution supporting
CONSTITUTIONAL
Assembly Constitutional Amendment No. 13 re
AMENDMENT NO, 13
busing between schools. The letter urged the
URGED
Council to adopt such a resolution.
RES. NO, 4332
San Joaquin County Local Agency Formation
APPROVING
Commission Resolution No, 318 approving the
ANNEXATION OF
Geweke No, 3 Addition to the City of Lodi was re-
GEWEKE NO, 3
ceived and presented by the City Clerk, The
ADDITION TO CITY
resolution states that the Executive Officer
OF LODI
of the San Joaquin County Local Agency Formation
Commission certified the filing of an application
with the Commission for said annexation on January 10,
1977. A petition for annexation of this Uninhabited
Territory signed by all property owners involved is
on file in the office of the City Clerk.
17.9
Minutes of March 16, 1977, continued
COMMUNICATIONS
RES. NO, 4332
The Resolution goes on to direct that the City
GEWEKE NO. 3
Council of the City of Lodi is authorized to
ANNEXATION
proceed without notice and hearing and without
(Continued)
an election as provided in Section 54797. 1 of the
VALLEY HEALTH
Government Code.. Resolution No. 318 was
SYSTEM ASSOC.
passed and adopted by the San Joaquin County
BOARD
Local Agency Formation Commission an
February 18, 1977.
On motion of Councilman Ehrhardt, Katzakian
EWING LETTER RE
second, Council adopted Resolution No. 4332
PLANNING
approving the annexation of certain uninhabited
COMMISSION
territory, designated "Geweke No. 3 Addition"
ACKNOWLEDGED
to the City of Lodi.
REQUEST FOR
City Clerk Reimche presented a letter that had
OPENING IN MEDIAN
been received from Mr. Richard E. Sanborn re -
ON CHEROKEE LANE
questing that he be allowed to present a proposal
IN AREA OF SANBORN
to Council regarding an opening in the median on
CHEVROLET
Cherokee Lane to better allow development of the
_
property just north of Sanborn Chevrolet. Mayor
Katnich directed that this matter be set as an
Agenda item on April 6, 1977.
FUTURE LAND USE,
A notice regarding a public meeting to discuss
MICKE GROVE
future land use for the Micke Grove Rural Area
RURAL AREA
to be held March 23, 1977 at 7:30 p, m. at Live
Oak School was read by the City Clerk.
ASSESSMENT FOR
Following introduction of the matter by Mayor
LEAGUE
Katnich, Council on motion of Councilman
HEADQUARTERS
Ehrhardt, Katzakian second, directed that the
BUILDING APPRVD.
one-time lump sum payment of $5, 215. 50 by
VALLEY HEALTH
August 1, I977 for the League of California
SYSTEM ASSOC.
Cities Headquarters Building Assessment be in-
BOARD
cluded in the 1977-78 budget.
UPDATE ON Mayor Katnich acknowledged receipt of a letter
MATTERS from the Southern Pacific Transportation Company
CONCERNING S.P. advising of a staff reorganization within their
Company. Council was advised that the Mayor will
be meeting with representatives of S. P. shortly to
discuss matters of mutual interest and concern.
COUNCILMAN
Mayor Katnich announced that he was in receipt of
EHRHARDT NAMED
a letter from Mrs. Helen Putnam, President,
TO SERVE ON LEAGUE
League of California Cities advising that Councilman
COMMITTEE & S.J.
Ehrhardt had been reappointed to serve on a State -
VALLEY HEALTH
wide League policies committee - the Committee on
SYSTEM ASSOC.
Public Safety. Mayor Katnich also announced that
BOARD
Councilman Ehrhardt had been appointed to serve on
the Governing Board of the new Northern San Joaquin
Valley' -Health Systems Association.
EWING LETTER RE
Mayor Katnich acknowledged receipt of a letter from
PLANNING
Donald L. Ewing, 81.6 Tilden Drive, Lodi regarding
COMMISSION
Llr. Ewing's concerns of Planning Commission actions
ACKNOWLEDGED
at the January 24, 1977 Planning Commission meeting.
The Mayor advised the Council that he will be calling
Mr. Ewing to set an appointment to discuss the matter.
%3!
180
COMMUNICATIONS Minutes of March 16, 1977, continued
(Continued)
MONTH OF MAY Councilman Ehrhardt also advised that in corres-
DESIGNATED ANTI pondence received from the Anti -Litter League,
LITTER MONTH it was announced that the month of May has also
been designated as Anti -Litter Month.
INQUIRIES TO BE
Councilman Ehrhardt announced that the
MONTH OF MAY
California Highway Patrol will be conducting a
DESIGNATED TO
comprehensive public awareness program docu-
55 MPH
menting the advantages of complying with the 55
COMPLIANCE MONTH
mph speed limit. The month of May has been
designated as "55 mph Compliance Month".
MONTH OF MAY Councilman Ehrhardt also advised that in corres-
DESIGNATED ANTI pondence received from the Anti -Litter League,
LITTER MONTH it was announced that the month of May has also
been designated as Anti -Litter Month.
INQUIRIES TO BE
Councilman Pinkerton apprised the Council that
MADE RE JOBLESS
from information that he had received, it appears
BENEFITS FOR
that the U. S. proposal for jobless benefits for
PUBLIC EMPLOYEES
public employees may be challenged. Counsel
CUSTOMERS
for Santa Monica has concluded that Congress has
overextended its constitutional authority with the
enactment of this law. It is felt this legislation will
cost Santa Monica between $300, 000 and $400, 000
for the first year's coverage.
Following Council discussion, it was suggested that
the City Attorney contact counselors for Santa
Monica, Long Beach and Beverly Hills to ascertain
what action would be in order for the City to take on
this matter.
UPDATE ON PG&E
Councilman Hughes presented an update to Council
REQUESTED RATE
as to the rate increase which has been requested by
INCREASE FOR
the P.G.&E. for retail customers. Councilman
RETAIL
Hughes also stated that a bill had just been recently
CUSTOMERS
introduced by Congressman McFall which would
require the Federal Power Commission to hold
hearings and to issue lawful orders before the
Commission puts rates into effect as opposed to the
current operational procedure of receiving the rate,
putting it into effect, and then determining its
lawfulness.
PHASE II OF AIR
Councilman Hughes advised the Council that a letter
QliALITY
had been sent to the San Joaquin County Board of
MAINTENANCE PLATY
Supervisors apprising them of the City's displeasure
of Phasc II of the Air Quality Maintenance Plan and
that a reply had been received from Chairman
Richard S. Yoshikawa indicating that he appreciates
the City's concern but believes the Board of Super-
visors is acting wisely in setting themselves up as'
the Air Quality Control Board and further indicates
that "they" are establishing a broad base Advisory
Committee consisting of representatives from each
City Council within the County. Council indicated
its interest in receiving more information on this
matte r.
REPORT RE
Councilman Hughes announced that a Staff report
INTERSECTION OF
regarding the intersection of Turner Road and
TURNER ROAD &
California Street has now been completed, which
CALIFORNIA ST,
indicates that the accident rate is still quite low in
that area. Copies of the report are available for
anyone interested in obtaining a copy of it.
-9-
181
Minutes of March 16, 1977, continued
REPORTS OF CITY MANAGER
CONSENT CALENDAR
In accordance with the report and recommenda-
FOR LODI AVE,
tion of the City Manager, the following actions
ACQUISITION
hereby set forth between asterisks, on motion of
APPROVED
Councilman Katzakian, Ehrhardt second, were
_
approved by Council,
COUNCIL APPROVED AGREEMENT BETWEEN
CLAIMS
CLAIMS WERE APPROVED IN THE AMOUNT OF
$1, 425, 809. 30,
AGREEMENT
City Manager Glaves presented for Council
BETWEEN CITY &
approval a proposed agreement between the State
STATE FOR HAM
of California and the City of Lodi for the design,
LANE-KET'TLEMAN
construction and maintenance of the traffic signal -
LANE TRAFFIC
ization system at the intersection of Ham Lane and
SIGNAL
Kettleman Lane.
,.
RES, NO. 4333 RESOLUTION NO. 4333
RESOLUTION APPROVING AGREEMENT
BETWEEN CITY OF LODI AND THE STATE OF
CALIFORNIA FOR THE HAM LANE-KETTLEMAN
LANE TRAFFIC SIGNAL AND AUTHORIZING THE
MAYOR TO EXECUTE AGREEMENT ON BEHALF
OF THE CITY,
HANSEN The Agreement pertaining to the development of the
DEVELOPMENT Hansen Parcel was presented for Council's approval.
AGREEMENT This is a 2 -parcel development with Parcel A, as
APPROVED depicted by diagram presented for Council's scrutiny,
being split off for develqpment and the remainder,
being held for future development.
COUNCIL APPROVED AGREEMENT REGARDING
THE DEVELOPMENT OF THE HAgSEN PARCEL
AND DIRECTED THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE
CITY.
AGENDA ITEM "d" AGENDA ITEM "d" . "APPROVAL OF STURLA
PULLED FROM PARK SUBDIVISION AGREEMENTS" WAS
AGENDA REMOVED FROM THE AGENDA WITH COUNCIL'S
CONCURRENCE.
RAY AGREEMENT
Council was apprised that the City's appraiser has
FOR LODI AVE,
reached agreement with Mr, and Mrs. Merle C.
ACQUISITION
Ray for the acquisition of property at 233 South
APPROVED
Sunset Drive of a strip of land which extends 2- 1/2
_
feet behind the sidewalk along Lodi Avenue.
COUNCIL APPROVED AGREEMENT BETWEEN
MR. AND MRS. MERLE C. RAY AND THE CITY
FOR THE ACQUISITION OF PROPERTY AT 233
SOUTH SUNSET DRIVE AND AUTHORIZED THE
CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY.
am
18?
Minutes of MaA-1 t36, 1977, continued
THORPE APPEAL RE At the February_Z� 1977 Council meeting, Council
BECKMAN ROAD deferred actioii�t'b' March 16, 1977 on the appeal of
OFFSITE IMPROVE- Mr. Richard . ,-'*T- sorpe regarding Off-site improve-
MENTS Cnents at 351 North Beckman Road requesting a
the
staff report on ', matter be prepared for Council's
scrutiny.
The matter was"hiroduced Ely City Manager Glaves.
Public Works Director Ronsko presented a diagram
of the site involving the appeal. Mr. Ronsko
briefed the Council on what had transpired regarding
this matter prior'fio receipt of Mr. Thorpe's appeal
and lengthy dis"Sgion followed.
Mr. Richard J. Thorpe, 351 North Beckman Road,
addressed the Cotincil urging that he and Phillips
Petroleum Company both be dissolved of all
responsibilities of providing curb, gutter, sidewalk
and storm drainage improvemgnts at 351 North
Beckman Road as originally guaranteed. Additional
discussion followed,
At the suggestiq- -of Mayor Katnich and on motion of
Councilman Ehrhardt, Katzakian secogd, Council
directed the City 'Attorney to meet with Mr. Thorpe
to develop an agreement containing conditions which
%yould be acceptable to both parties, and to bring
this proposed Agreement back to the Council for
approval at a future meeting.
DRAFT SOLID WASTE City Manager Gloves apprised the Council that they
MANAGEMENT PLAN had received a copy of the "Draft Solid Waste
FOR CITIES & COUNTY Management Plan for Cities and County of San
OF S. J. DATED Joaquin" dated January 17, 1977 several weeks ago.
1/17/77 REJECTED
The City Council had subsequently retained a Solid
RES. NO. 4334 Waste Management Consultant, Kenneth K. Hekimian
from Lockman and Associates to review the plan in
order to protect the City's interest in this matter.
:.
In a report which:Council received from Mr.
Hekimiar. dated March 4, 1977, Mr. Hekimian
recommended thit the Council not approve the County
Solid WasteManagement Plan and listed ten reasons
why he felt that the: plan was not acceptable.
Following discussibn, on motion of Councilman
Ehrhardt, Katzak1an second, Council adopted
Resolution No, 4334 rejecting the "Draft Solid Waste
Management Plain for Cities and County of San Joaquin "
dated January 17;. 1977 which resolution cited the
following reasons:
1) Lack of a replacement for the Harney Lane Site
Z) Lack of consideration of transfer station alternatives
3) Lack of a meaningful data base
4) Lack of a cleanly -defined plan
181
Minutes of Mairh-16, 1977, continued
DRAFT SOLID WASTE 5) Lack of leges: means by which City of Lodi
MGMT. PLAN can influence t'.F . plan implementation
REJECTED
RES. NO. 4334 6) Lack of Economic (Budgetary) Commitment
(Continued)
7) Lack of a Financial Plan
8) Lack of an Frnplementation Plan Schedule
9) Lack of provi4ions for Stimulating Waste
Reduction and/or Resource Recovery
10) Lack of Pro .lions for Public Education and for
the rehabilitati•., and reuse of completed landfill
sites.
additional Coun•71:. discussion followed regarding
solid waste and-::ternate methods to deal with its
disposal.
RECESS The Mayor dec' ; --ed a five-minute recess and the
Council reconvened at 9:55 p.m.
SURVEY RE
Following a req,.:^st by Dario De Benedetti of
UNLIMITED CURB
Sanitary City DiiFaosal Company, Council, on
SERVICE GARf3AGE
motion of Counci..'.,nan Pinkerton, Ehrhardt second,
PICKUP WI'T'HIN
authorized a sur,.-ey to be taken by that Company
CITY APPRVD.
regarding unlimited curb service garbage pickup
-
within the City,
SPECS FOR POLICE
Following introd,:::tion of the matter by City
VEHICLE APPROVED
Manager Glaves, Councilman Ehrhardt moved for
approval of specii.ications for the purchase of a
vehicle for the P:lice Department and that the
Purchasing Agent be authorized to advertise for
bids thereon. The motion was seconded by Council-
man Katzakian a.•d carried by unanimous vote.
PLANS & SPECS FOR
Plans and specifications for "Traffic Signals at
CENTURY/HUTCHINS
Century Boulevard and Hutchins Street" were
SIGNALS APPROVED
presented for Co;:acil's scrutiny. In general, the
work consists of installing an eight -phase controller
with separate It—A-turn movements on Century
Boulevard and Iiutehins Street. Loops will be
buried in the str•_•:t to pick up the presence of
vehicles, and pf_�:.:etrian signals and push buttons
will be provided.
On motion of Coe-~.gilman Ehrhardt, Katzakian
second, Council _pproved the plans and specifica-
tions for "Traff:: Signals at Century Boulevard and
Hutchins Street'' =.nd authorized the City Clerk to
advertise for bi thereon.
ACTION DEFERRED A revised Mast'; Plan for the Lodi bake Wilderness
ON REVISED - Area was prese'•-ed for Council's perusal by Parks
MASTER PLAN FOR and Recreation D't-edtor Ed De Benedetti. A lengthy
LODI LAKE discussion folio xed with questions regarding the
V,'ILDERNESS AREA proposed revisfe::3 being raised by Council.
At the suggestion of Mayor Katnich, and with Council's
concurrence, action on the matter was deferred and
Staff was direetc:•i to set this item for Council dis-
cussion at the Ni_-_ -ch 29, 1977 Informal Informational
fleeting.
104
Minute=_ c,i March 16, 1977, continued
Following introduction of the matter by City
ERNST $ ERNST Manager G:a-res, Council, on motion of
AUDITED FINANCIAL Councilman Ehrhardt, Pinkerton second, re -
STATEMENTS ceived -or ___irg Ernst and Ernst audited
RECD FOR FILING financial statements for the City of Lodi as of
June 30, '_976.
Counciiman Hughes apprised the Council that he
had he -nn contacted by a representative of Ernst
and Erns: xncc stated their firm had received
repots of the Council taking offense to their
Management Letter concerning the City's audit
as of June "s0, 1976. Council expressed its
dismay of tFis report. The City Clerk was
directad correspond with Ernst and Ernst
advising ,hat the City Council was appreciative
of the honest and forthright information received
in the Management Letter.
AWARD -CONCESSION City Manager. Glaves presented bids which had
PRIVILEGES -ARMORY been received for the concession privileges -
PARK -SOFTBALL Armory Park - Softball Complexes as follows:
COMPLEXES
RES. NO. 4335
a) Dennis Herr/Harold Harris
b) J. M. Ferguson
$400 per month with
pro rata charges for
any partial month of
operation during the
softball season.
$1, 000 guarantee or
157o, whichever is
greater
c) Shirley Michaeloff 20% of gross
receipts.
It was the City Manager's recommendation that the
award bs made to Shirley Michaeloff.
On mction of Councilman Ehrhardt, Katzakian
second, Council adopted Resolution No. 4335
awarding the concession privileges - Armory Park -
Softball Complexes to Ms. Shirley Michaeloff whose
bid was 207) of the gross proceeds by the following
vote,
Ayes: Councilmen - Ehrhardt, Hughes, Katzakian
and Pinkerton
Noes: Co-_: ciimen - Katnich
Absent; Councilmen - None
18
Minutes of March 16, 1977, continued
MANAGEMENT Following introduction of the matter by City Manager
INCENTIVE PLAN Glaves, Council, on motion of Councilman
ADOPTED Katzakian, Pinkerton second, adopted Resolution No.
4336 adopting Management Incentive Plan as City's
RES. NO. 4336 Plan for Department Heads as listed on Schedule "A"
and the Mid -Management Employees as listed on
Schedule "B", which schedules are attached to the
resolution and thereby made a part thereof.
On motion of Councilman Katzakian, Pinkerton
second, Council authorized the City to pay for
medical, Group Life Insurance, and dental premiums
immediately at the following premiums for Schedule "A"
and Schedule "B" employees as included in Resolution
No. 4336:
-14-
At the March 2, 1977 Council meeting, Council
CONCEPT OF
approved the proposal presented by the Chapman
PROPOSED AGREE-
Forestry Foundation for an experimental Tree
MENT WITH
Farm at the White Slough Water Pollution Control
CHAPMAN FORESTRY
Plant Site and directed the City Attorney to draw
FOUNDATION FOR
up an agreement on the project.
EXPERIMENTAL
TREE FARM AT
Discussion regarding conditions of the proposed
W. S. W. P. C. P.
Agreement followed remarks by the City Attorney
and the Public Works Director.
Following discussion, on motion of Councilman
Ehrhardt, Katzakian second, Council approved the
concept of the proposed Agreement with Chapman
Forestry Foundation for an experimental Tree
Farm at the White Slough Water Pollution Control
Plant which would include the following conditions:
a) The term of the lease agreement would be for
four years, with an option for an additional six
years. In addition the Agreement would contain
an option for two successive 8 year terms at a
rental to be mutually agreed upon.
b) The Chapman Forestry Foundation would be
required to put in a well at their own expense and
pay for all expenditures for the maintenance and
operation of that well including power.
c) The City would agree to grant the Chapman
Forestry Foundation an easement in and out of the
property - any excess costs to be paid by the
Chapman Forestry Foundation.
ORD. ESTABLISHING
Following a report by City Attorney Mullen regard -
PROCEDURES FOR
ing the necessity of findings regarding Tentative
FINDINGS AT
and Final Subdivision Maps as well as Compliance
HEARINGS
with CEQA, Councilman Ehrhardt moved for intro-
duction of Ordinance No. 1102 - "An Ordinance of
ORD. NO. 1102
the City of Lodi establishing procedures for findings
INTRODUCED
at hearings". The motion w•as seconded by Council-
man Katzakian and carried by unanimous vote.
MANAGEMENT Following introduction of the matter by City Manager
INCENTIVE PLAN Glaves, Council, on motion of Councilman
ADOPTED Katzakian, Pinkerton second, adopted Resolution No.
4336 adopting Management Incentive Plan as City's
RES. NO. 4336 Plan for Department Heads as listed on Schedule "A"
and the Mid -Management Employees as listed on
Schedule "B", which schedules are attached to the
resolution and thereby made a part thereof.
On motion of Councilman Katzakian, Pinkerton
second, Council authorized the City to pay for
medical, Group Life Insurance, and dental premiums
immediately at the following premiums for Schedule "A"
and Schedule "B" employees as included in Resolution
No. 4336:
-14-
Minutes of March 16, 1977, continued
MANAGEMENT Schedule "A" Employees
INCENTIVE PLAN
ADOPTED Employee only (Medical) $40.70 per month
Dependent (Medical) $52. 00 per month
RES. NO. 4336(Contd) Employee only (Dental) $ 4.22 per month
Dependent (Dental) S 5. 18 per month
Schedule "B" Employees
Employee only (Medical)
$40.70 per month
Dependent (Medical)
$41. 00 per month
Employee only (Dental)
$ 4.22 per month
Dependent (Dental)
$ 5. 18 per month
The motion also specified that employees of both
Schedule "A" and Schedule "B" are entitled to an
annual physical examination from a doctor of
their choice to be paid for by the City of Lodi and
that these employees no longer will be entitled to
their birthday holiday.
REORGANIZATION
Following Council discussion regarding the
OF PLANNING
reorganization of the Planning Commission,
COMMISSION
Councilman Katzakian moved for introduction of
Ordinance No. 1103 amending Sections 2-31,
ORD. NO. 1103
2-32 and repealing 2-33. 1 of the City Code there -
INTRODUCED
by reducing the number of Planning Commissioners
"
from nine to seven, deleting that section that
presently allows persons who hold office or position
with the City to serve as Planning Commission mem-
bers, and to set the rate of compensation for mem-
bers of the Planning Commission at $20.00 for each
and every meeting of the commission actually
attended by them, not to exceed three meetings in
each calendar month. The motion was seconded by
Councilman Ehrhardt and carried by unanimous vote.
Council was apprised that in the past; curb, gutter
and sidewalks were formed and poured by hand and
that now machines are available which can extrude
it at considerable cost savings.
COUNTY -WIDE CURB,
The County and each city in the County have
GUTTER & SIDEWALK
different curb, gutter and sidewalk sections, each
STANDARDS
requiring a modification to the machines. Since
ADOPTED
these modifications are expensive, there is poten-
tial for considerable cost savings if every city and
the County had the same sections.
On motion of Councilman Ehrhardt, Katzakian
second, Council adopted the County -wide curb,
gutter and sidewalk standards.
MODERNIZATION OF
On motion of Councilman Ehrhardt, Katzakian
THE CITY OF LODI'S
second, Council approved proposal of Mr. Robert H.
BUSINESS LICENSE
Holm, Assistant Finance Director, to work with the
ORDINANCE
business community in redesigning the existing
business license ordinance, with the major objectives
being:
- 15-
187
Minutes of :March 16, 1977, ,..,..,_hued
BUSINESS LICENSE a) to randc.m-y select a cres_ sec -"`on of
ORDINANCE(Contd.) business owners and through an education
program, attempt tccc-vince as many as
possible that a more equitable and productive
business l..( -e nse is justified.
b) to estab_Ah a committee, -omposed of
various business owners tc work with City
representatives to design an acceptable
business license ordinance.
ORDINANCES Ordinance No., 1098 entitled "An Ordinance
prezoni_ng a 6,27 acre parcel between Victor
PREZONE 6.27 ACRE Road and Mounce Street, east of 1220 Victor
PARCEL BETWEEN Road to M-2, Heavy Industrial Zoning", having
VICTOR & MOUNCE been introduced at a regular meeting of the
ST., E. OF 1220 Lodi City Council on March 2, :977, was brought
VICTOR RD. TO up for passage on motion of Councilman Katzakian,
M-2. Ehrhardt second. Second reading was omitted
after reading by title, and the Ordinance was
ORD. 1098 ADOPTED then passed, adopted and ordered to print by the
t following vote:
Ayes: Councilmen - Ehrhardt, Hughes,
Katzakian, Pinkerton and
Katnic h
Noes: Councilmen - None
Absent: Councilmen - None
AMENDMENTS TO
Ordinanre No. 1099 entitled "An Ordinance
CHAPTER 27
Amending Chapter 27 (Zoning Ordinance) of the
ELIMINATING
Lodi City Code Amending M- 1 Light Industrial
CERTAIN REQUIRE-
District by eliminating the requirements for
MENTS FOR M- I
(a) a 20 -foot front yard, (b) two 10 -foot side
LIGHT INDUSTRIAL
yards, and (c) a 10 -foot rear yard" having been
DISTRICT
introduced at a regular meeting of the Lodi City
Council on :March 2, 1977 was brought up for
ORD. 1099 ADOPTED
passage on motion of Councilman Katzakian,
Ehrhardt 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: Counci.l.me.i - None
GARBAGE ORDINANCE Ordinance Ne, 1100 entitled "An Ordinance
AMENDMENT repealing Section 1= of the City Code of the
City of Lcd= amending Secticn 11-2 and Section
ORD. 1100 ADOPTED 11-9 of Chap— - I1 of the City Code entitled,
'Garbage and Rubbieh', thereby requiring
commercial establishments to use the services of
the City's franchies garbage collector and author-
izing collection bins for multiple family dwellings','
having been i.ntrcduced at a regular meeting of the
_ 1F-
Minutes of March '_o, 1977, continued
ORDINANCES(Contd. )
GARBAGE ORDINANCE Lodi City Council on March Z, 19797 was brought
ORD. 1100(Contd.) up for passage on met_on :; Cruncilman
Ehrhardt, Katzakian second. Second reading
was em_tted after teading by title, and the
Ordinance was then passed, adopted and ordered
to print by the fcllc,win g rote.
Ayes: Councilmen - Ehrhardt, Hughes,
Katzakian, Pinkerton and
Ka`n^ch
Noes: Courciimen - None
Absent: Councilmen - None,
ADJOURNMENT There being no further business to come before
the Council, the meeting was adjourned by Mayor
Katnich at approximately 11:35 p.m. on motion of
Councilman Pinkerton, Katzakian second.
Attest: ALICE M. REIMCHE
City Clerk
_17_