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HomeMy WebLinkAboutMinutes - April 28, 1976410 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 28, 1976 The regular adjourned meeting of the City Council of the City of Lodi was held beginning at 8:02 p, m. , Wednesday, April 28, 1976 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Ehrhardt, Katnich, Katzakian, Pinkerton and Hughes (Mayor) Absent: Councilmen - None Also Present: City Manager Henry A. Glaves, City Attorney Robert H. Mullen, Public Works Director Jack L. Ronsko, and Community Development Director James B. Schroeder. INVOCATION The invocation was given by Father Oliver O'Grady, St. Anne's Catholic Church. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Ehrhardt, Katnich second, the Minutes of April 7, 1976 were approved as written and mailed. PROCLAMATIONS Mayor Hughes proclaimed the month of May 1976 "Memorial Month" in recognition of the Lodi Memorial Hospital's membership drive and presented the Proclamation to Mr. Steve Mann. FLORA STREET Notice thereof having been published and posted STREET LIGHT- in accordance with law, Mayor Hughes called ING DISTRICT for the Public Hearing on the proposed formation of the Flora Street Street Lighting District. City Manager Glaves explained that under the 1911 Improvement Act, proceedings had been initiated by the property owners who had presented a petition for the lights signed by owners of more than sixty percent of the front footage in the pro- posed district. There being no one present who wished to speak on this matter, the public portion of the hearing was closed. RES. NO. 4188 Councilman Katnich moved adoption of Resolution OVERRULING No. 4188 overruling protests in the Flora Street Pt<.OTESTS Street Lighting District. The motion was seconded by Councilman Ehrhardt and carried. -1- 41.1 Minutes of April 28, 1976, continued RES. NO. 4189 Councilman Katnich moved adoption of ADOPTING Resolution No. 4189 adopting the scale of WAGE RATES prevailing wage rates in the Flora Street Street Lighting District. The motion was seconded by Councilman Pinkerton and carried. RES. NO. 4190 Councilman Katnich moved adoption of ORDERING Resolution No. 4190 ordering the work to be WORK done in the Flora Street Street Lighting District. The motion was seconded by Councilman Pinkerton and carried. RES. NO. 4191 Councilman. Katnich moved adoption of _ DIRECTING Resolution No. 4 19 1 directing that the assess - ASSESSMENT BE ment be prepared for the Flora Street Street PREPARED Lighting District. The motion was seconded by Councilman Ehrhardt and carried. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meetings of April 12, 1976 and April 26, 1976: The Planning Commission - FILLEY 1. Recommended the approval of the request of REZONING Mr. Dwight Filley to prezone (1) an approximate REQUESTS 4 -acre parcel at the southeast corner of Lower Sacramento Road and the future extension of West Vine Street to C -P, Commercial Profess- ional and (2) an approximate 15 -acre parcel on the south side of the future extension of West Vine Street vest of the WID Canal, R- 1, Single - Family Residential. A third parcel of 4.4 acres, which has also been requested for annexation by the applicant, will automatically be zoned U -H, Unclassified - Holding because it cannot be used for urban pur- poses since it has been designated as a storm water retention basin. On motion of Councilman Ehrhardt, Katzakian second, the Council set the above recommenda- tions of the Planning Commission for Public Hearing at 8:00 p.m., Wednesday, May 19, I976 in the City Hall Council Chambers. ITEMS OF INTEREST The Planning Commission - 1. Approved the design of a proposed 9 -foot fence along a side lot line at 200 West Century Boulevard (Lot 94, vineyard Unit # 1) which is the site of City Water Well #18. -2- y12 Minutes cf April 28, 1976, continued 2. Recommended approval of action initiated by the San Joaquin County Planning Commissicn which would rezone the area bounded by Woodbridge Road on the north; State Highway 99 on the east; the Mokelumne River on the south and Lower Sacramento Road on the west to GA -40, General Agriculture, 40 -acre Minimum and EA-10/AP, Exclusive Agriculture) Agricultural Products. This action, conforms to long-standing City Policy ccncerning the development of the north side of the Mokelumne River. 3. Recommend approval of action inititated by the San Joaquin County Planning Commission to rezone a 56 -acre area along the south side of Mettler Road west of the intersection of Ham Lane and West Lane from GA -1, General Agri- culture tc GA -5, General Agriculture. 4. Recommended that the San Joaquin County Development Committee approve the request of Mr. Frank Nottingham to subdivide a 62.25 -acre site located between Victor Road (State Highway 12) and East Pine Street, west of the Central California Traction Company right-of-way into three parcels: (a) Parcel A, 10 acres; (b) Parcel B, 6.27 acres and (c) Parcel C, 46 acres. 5. Recommended that the San Joaquin County Planning Commission approve the request of Sanitary City and Transhaul, Inc. to rezone 35 acres located on the south side of the Mokelumne River at the north end of Cluff Road from I -PA, Interim -Protected Agriculture to GA- 10, General Agriculture. COMMUNICATIONS ABC LICENSES The Deputy City Clerk presented the following applications for Alcoholic Beverage Licenses: 1. The Southland Corporation, Donald L. Nelson, Asst. Secretary, dba 7 -Eleven Foodstore, 401 N. California Street, Lodi, Person to Person Transfer. Off Sale Beer and Wine. 2. Leone and William J. Cronin, "The Barking Dog", 312 North California Street, Lodi, (Svc. Charge), On Sale General Public Premises. The Deputy City Clerk reported that the Lodi Unified Schcol_ District had recently protested a similar request at this location and that the Schoci Administrative staff expected a similar pro- test on this request, 1919 Minutes of April 28, 1976, continued 3. Dale E. Long, The Winery, 548 S. Sacramento Street, Lodi, Exchange of License Type, On Sale Beer and Wine Public Premises. 4. William O. Valencia, Los Charros, 23-25 N. Sacramento Street, Lodi, New License, On Sale Beer and Wire Public Premises. 5. Artho:iy F. Darone, Jr., Tony's Pizzeria, 100 N. Cherokee Lane, Lodi, New License, On Sale Beer & Wine Eating Place 6. Sandra J. McGinn, Oak Cash Market,- 354 East Oak Street, Lodi, New License, Off Sale Beer and Wine. 7. McCarty Brothers, Inc. , James A. McCarty, President, Robert A. McCarty, Vice -President, William G. McCarty, Sec-Trsr. , Mac's Pizza & Beef, 2400 W. Turner Road, Building #102, Lodi, New License, On Sale Beer and Wine Eating Place. PUB HEARING The Deputy City Clerk presented three notices GAS SERVICE of Applications before the Public Utilities TARIFF Commission of the State of California by Pacific Gas and Electric Company for authority to revise its gas service tariff to offset the effect of in- creases in the price of gas from El Paso Natural Gas Company and from California Sources. REPORTS OF THE CITY MANAGER CONSENT In accordance with the report and recommendation CALENDAR of the City !Manager, the following actions hereby set forth betvreen asterisks, on motion of Councilman Katnich, Ehrhardt second, were approved by Council. CLAIMS Claims were approved in the amount of $1, 533, 729. 53. ACCEPT- Council accepted the improvements in "Cherokee CHEROKEE LANE Lane Storm Drain - West Side, from 600 feet STORM DRAIN south of Kettleman Lane to Kettleman Lane" and WEST SIDE directed the Public Works Director to file a Notice of Completion with the County Recorder's Office. AWARD -CONTRACT FOR ASPHALT Per report of the City Manager bids were MATERIAL -4th received for asphalt materials for the fourth QUARTER quarter of Fiscal Year I975-76 as follows: 1975-76 -4- ITEM NO. 1 ITEM NO, 2 ITEM NO. 3 Dense Grade Asphalt Concrete, Type B, Dense Grade Asphalt Concrete, Dense Graded Plon; Mix, 3/8", 5.8%. Asphalt Binder shall be Type 8, 1/2", 5.8%. Asphalt Type B, 3/8", 5.8%, SC -800 Viscosity Grade AR -8000 Paving Asphalt Binder shall be Viscosity Grade Liquid Asphalt Binder SUPPLIERS AR -8000 Paving Asphalt A B C A B A B _ F.O.B. Plant Stockpile Hopper of F.O.B. Plant Stockpile F.O.B. Plant Stockpile - City Limits Paver City Limits City Limits (650 Tons) (100 Tons) (250 Tons) (100 Tons) (100 Tons) (50 Tons) (50 Tons) Claude C. Wood Co., Clements Cost per ton including tax _"$10.07 $11.45 $11.55 $ 9.81 $11.29 $10.34 $11.82 Plus: City Cost for mileage 1.26 1.26 1.26 TOTAL COST PER TON $11.33 $11.45 $11.55 $11.07 $11.29 $11.60 $11.82 Teichert Construction, Clements Cost per ton including tax $10.60 $12.508 $12.402 $11.395 $12.508 Plus: City Cost for mileage 1.26 1.260 -- -- TOTAL COST PER TON $11.86 $12.508 $12.402 $12.655 $12.508 McGaw Co., Fench Camp Cost per ton including tax $10.28 $12.40 X12.40 $10.28 $12.40 _ Plus: City Cost for mileage 1.84 1.84 -- -- Less: $.50/ton for prompt payment .50 .50 .50 .50 .50 Less: Asphalt reduction to meet State specifications .21 .21 .21 .35 .35 TOTAL COST PER TON $11.41 $11.69 $11.69 $11.27 $11.55 41.5 Minutes of April 28, 1976, continued RES. NO. 4192 Aeport and recommendation of the City Manager indicates that the award be made to Claude C. Wood Company, the low bidder, in the amount of its bid. RESOLUTION NO. 4192 AEGULAR CA LENDArc REQUEST FOIL RESOLUTION AWARDING THE CONTRACT ANNEXATION - FOR ASPHALTIC MATERIAL FOR THE FOURTH TEMPLE QUARTEw OF FISCAL YEAR 1975-76 TO BAPTIST CHURCH CLAUDE C. WOOD COMPANY, THE LOW BIDDER, SPECS -APPRVD COUNCIL APPROVED THE SPECIFICATIONS 2 -TON DUMP FOR A TWO -TON DUMP TRUCK FOR THE TRUCK - PUBLIC PUBLIC WORKS DEPARTMENT AND WORKS DEPT. AUTHOtcIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. AEGULAR CA LENDArc REQUEST FOIL At the Council meeting of April 7, 1976 Mayor ANNEXATION - Hughes directed that the request of the Temple TEMPLE Baptist Church to annex a 28 -acre parcel at BAPTIST CHURCH the northwest corner of Lower Sacramento Road and the future extension of West Vine Street be l referred back to staff for review and recom- mendation. The City Manager reviewed the staff report which listed the following items as the reason staff had not proceeded with the annexation re- quest without review of the City Council. 1. The property being requested for annexation had all City utility services available except terminal storm drain. Z. City Council policy requires that temporary ponding basins on private property may be used to drain a single, one -ownership parcel if apprcved by the City Engineer. 3. Preliminary indications are that the Temple Baptist Church property will be divided into two parcels, one for a church complex and the second for a senior citizens housing complex which will be Church -oriented. 4. Staff research into the development of the Bethel Open Bible Church, English Oaks Seventh-Day Adventist Church and Century Assembly of God, all of which have senior citizen housing facilities, has determined that the church and its accessory uses and the housing complexes are under separate ownership. Preliminary indi- cations are that the Temple Baptist Church will follow the same procedure because of financing requirements. This means that the temporary -6- Minutes of April 28, 1976, continued drainage facilities will be servicing two properties rather than one. 5. On parzels across Lower Sacramento Road from this proposed development, the City Cour.:il, in concert with the property owners, recently took action to eliminate the possibility for a number of temporary basins by joint private development of one basin which delivers water to the City's terminal drainage system. A similar solution is not possible in the present situation. 6. The Temple Baptist Church proposes to develop property in Drainage Area "F" which is the last area on the Adopted Drainage Master Plan to be developed. It should be noted that in 1966 the City Council permitted Westgate Shopping Center to erect its present facilities with temporary storm drainage in this same drainage area. 7. The size of the site, 28 acres, is larger than other parcels approved for temporary ponding facilities. The staff asked the City Council to make one of the following determinations: 1. The Temple Baptist Property cannot be developed with temporary drainage facilities because of the creation of two parcels, or 2. The property can be developed with tem- porary facilities because the City Council believes it is really one large project regard- less of ownership. The followir_g persons were present and represented the Temple Baptist Church: 1. Mr. Wayne West, 348 Shady Acres Drive, Lodi. He described the Churches plans and stated that at present it did not appear that any- thing would be built for four years and that the first stages would all be church and Sunday school facilities. 2. Mr. Reuben Nuss, 1600 Edgewood Drive, Lodi. He stated that the Church wished to pro- vide facilities for all age groups and outlined the varicus recreation facilities proposed. A lengthy discussion followed in which the follow- ing items were discussed: (1) the City Council must approve any future zoning changes on the property which will be automatically zoned U -H, Unclassified -Holding after annexation; 417 Minutes of April 28, 1976, continued (2) the Church and related facilities would require a Use Permit regardless of the zon- ing classification; and (3) the City could establish conditions at the time of final action on the annexation. Mayor Hughes summarized the City Council position and stated that based on the present plans, the City Council feels temporary drainage could be developed. He instructed the Deputy City Clerk to correspond with the Temple Baptist Church and indicated that if portions of the property were sold or proposed for other than the present plans, that terminal storm drainage would be required before the changed portions could be developed. AGREEMENT- The City Manager submitted a contract for F. WHITE approval which involves the services of Mr. Frank C. White as a training instructor in FAMILY family counseling. This program is for parti- COUNSELING- cipants in the CO-OP Program within San CO-OP Joaquin County. Funds are to be provided by PROGRAM the County, but as the sponsoring agency, the City of Lodi will be the contracting party. " There is no cost to the City of Lodi. After discussion, on motion of Councilman Ehrhardt, Katnich second the City Council authorized the Mayor to sign the agreement with Mr. Frank C. White as a training instructor in family counseling for the partici- pants in the CO-OP Program. APPROVAL OF The City Manager informed the Council that the LODI AVENUE Public Works Department has signed deeds and agreemen ACQUISITIONS with the following additional property owners along West Lodi Avenue between Avena Avenue and Ham Lane. Names Addresses Leroy J. and Sheila P. Carney 233 S. Fairmont Ave. United ArtistsTheatre Circuit 1000 W. Lodi Ave. United Artists Theatre Circuit 1010 W. Lodi Ave. United Artists Theatre Circuit 1110 W. Lodi Ave. On motion of Councilman Ehrhardt, Katnich second, Council approved agreements covering the acquisition of property from the above listed property owners, along West Lodi Avenue, authorizing the City Manager to execute the agreements on behalf of the City and the City Clerk to accept the deeds. 1,1.19 • �� Minutes of April 28, 1976, continued RESOLUTIONS Following introduction of the matter by the AUTHORIZING City Manager, on motion of Councilman CONDEMNATION AND Ehrhardt, Katnich second, Council adopted IMMEDIATE Resolution No. 4193 authorizing and directing POSSESSION OF REAL Condemnation and Immediate Possession of PROPERTY FOR real property located at 231 South Avena STREET WIDJ. NING IN Avenue, belonging to Jack and Patricia Chappell, AREAS OF WEST LODI his wife, for street widening purposes. AVENUE of Transportation for future budgeting of its one- On motion of Councilman Ehrhardt, Katnich RES. NO, 4193 second, the Council adopted Resolution No. 4194 RES. NO# 4194 authorizing and directing Condemnation and RES. NO, 4195 Immediate Possession of real property located RES. NO. 4196 at 300 South Sunset Drive belonging to Webster, RES. NO, 4197 Jane and Judith E. Tyson, for street widening purposes. On motion of Councilman Ehrhardt, Pinkerton second the Council adopted Resolution No. 4195 authorizing and directing Condemnation and Immediate Possession of real property located at 233 South Sunset Drive, belonging to Merle C. Ray and Barbara Pearson Ray, his wife, for street widening purposes. On motion of Councilman Ehrhardt, Pinkerton second the Council adopted Resolution No. 4196 authorizing and directing Condemnation and Immediate Possession of real property located at 1200 West Lodi Avenue, belonging to William M. and Blanche Stemler, his wife for street widening purposes. On motion of Councilman Ehrhardt, Katnich second, Council adopted Resolution No. 4197 authorizing and directing Condemnation and Immediate Possession of real property located at 1214 West Lodi Avenue, belonging to Charles H. and Molly Duncan, his wife, for street widen- ing purposes. KETTLEMAN LANE The City Manager recommended the adoption as a (HIGHWAY )Z) Capital Improvements Program for Traffic Signals, TRAFFIC SIGNALS - the Kettleman Lane (State Highway 1Z) intersections HAM LN; CHUMCH with Church Street, Stockton Street and Ham Lane. ST. AND STOCKTON These intersections call for a sharing of expense ST, on a 50-50 basis with the State of California. -It was stated that the City of Lodi should identify the programs and adopt them as future projects, in order to get the matter before the State Department of Transportation for future budgeting of its one- half. On motion of Councilman Katnich, Ehrhardt second, the Council approved as Capital Improve- ment Projects the installation of traffic signals on Kettleman Lane (State Highway 12) at the inter- sections of Church Street, Stockton Street and Ham Lane. 1\ Minutes of April 28, 1976, continued REPO -RT ON I-5 Mayor Hughes reported that he and the Public PRESENTATION Works Director appeared before the State Highway Commission to urge completion of Interstate Highway 5 between Kettleman Lane (State Highway 12) and its present terminus in Southern Sacramento County. He stated that the Commission had given assurance that this project would be funded and completed. The Mayor said that the widening of Highway 12 between I- 5 and Ham Lane had not been recom- mended to the Highway Commission because of the concern that funds for that project would be taken from the monies needed to complete I-5. LODI HIGH SCHOOL Councilman Ehrhardt stated that the Lodi High PARKING COMMITTEE School Parking Committee which consists of representatives of the School Board of Trustees, the City Council, residents of the neighborhood and students, was meeting to determine the number of on -street parking spaces versus the number of parking lot spaces and other parking concerns pending the installation of the on street "No Parking" signs. The Public Works Director reported that the signs should be installed within the next two weeks and that 5 of the sign posts which are already in place had already been damaged, or removed from their sidewalk location. COG OFFICERS Councilman Ehrhardt reported that at the Council of Government's meeting April 27, 1976 Councilman Charles Bott, Stockton, had been elected COG Chairman and Councilman Ronald Polhemus, COG Vice -Chairman. NCPA Mayor Hughes stated that Lodi would be hosting the regular meeting of the Northern California Power Association on April 29, 1976 and invited Councilmen and staff to attend. ORDINANCES Ordinance No. 1071 - entitled "AN ORDINANCE AMENDING CHAPTER 27 (ZONING ORDINANCE) OF THE LODI CITY CODE TO INCLUDE AN 'UNCLASSIFIED HOLDING DISTRICT' (U -H)" ORD. NO, 1072 having been introduced at a regular meeting held ADOPTED April 7, 1976 was brought up for 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, Katnich, Katzakian, Pinkerton and Hughes Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business, Mayor Hughes declared the meetin adjourned at 10:00 p. m. Attest/ AMES B. SCHROEDER 419