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HomeMy WebLinkAboutMinutes - August 18, 1976CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS AUGUST 18, 1976 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, August 18, 1976 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - KATZAKIAN, PINKERTOti, and EUGHES (Mayor) Absent: Councilmen - EHRHARDT and KATNICH Also Present: City Manager Claves, Assistant City Manager Glenn, Assistant Planner Freitas, Associate Civil Engineer Giottorini, City Attorney Mullen, and City Clerk Reimche. INVOCATION -i The invocation was given by Reverend Ernie Rogalski, Temple Baptist Church. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES Councilman Pinkerton moved that the Minutes of July 21, 1976 be approved as written and mailed. The motion was seconded by Councilman Katzakian and carried. Councilman Katzakian then :roved that the Minutes of August 4, 1976 be approved as written and mailed. The motion was seconded by Council- man Pinkerton and carried. PUBLIC. HEARINGS Notice thereof having been published in accordance City Clerk Reimche apprised the Council that a request had been received from i<,•fr. Stewart Adams, Attorney-at-law, 12 1 W. Pine Street, Lodi to con- tinue to September 1, 1976 at 8:00 D. m. the afore- mentioned public hearing and also the Public Hearing W with law and affidavit of publication being on file in PUBLIC HEARINGS the office of the City Clerk, Mayor Hughes called SCHEDULED RE for the Public Hearing to consider the City PROPERTY AT Planning Commission's recommendation for S/1S` CORNER OF approval of the request of Hawaii and San Francisco S. HAI,I LANE & Development Company to rezone portions of a 47- 1V. LODI AVE, acre site at the southwest corner of South Ham Lane CONT'D. TO and West Lodi Avenue from R- 1, Singte-Family 9/11176 Residential District to certain designated classifica- tions. City Clerk Reimche apprised the Council that a request had been received from i<,•fr. Stewart Adams, Attorney-at-law, 12 1 W. Pine Street, Lodi to con- tinue to September 1, 1976 at 8:00 D. m. the afore- mentioned public hearing and also the Public Hearing W 12 Following Council discussion, on motion of Councilman Katzakian, Pinkerton second, Council continued to the regular Council meeting of September I, I976 at 8:00 p.m. the public hearing to consider the City Planning Commission's recommendation for approval of the request of Hawaii and San Francisco Development Company to rezone portions of a 47 -acre site at the southwest corner of South Ham Lane and West Lodi Avenue from R- I, Single -Family Residential District to certain designated classifications. Councilman Katzakian then moved that the public hearing to consider the City Planning Commission's recommendation for approval of the request of Hawaii and San Francisco Development Company to amend the land use element of the Lodi General Plan by changing approximately 13. 5 acres at the southwest corner of South Ham Lane and West Lodi Avenue from Low Density Residential Classification to Medium Density Residential Classification, and by changing approximately 4. 6 acres located at the southwest corner of South Ham Lane and the future extension of West Tokay Street from Low Density Residential Classification to the Commercial -Pro- fessional Classification be continued to the regular City Council meeting of September 1, 1976 at 8:00 p, m. The motion was seconded by Councilman Pinkerton and carried. CONFLICT OF Minutes of August 18, 1976, continued PUBLIC HEARINGS scheduled for August 18, 1976 to consider the SCHEDULED RE City Planning Commission's recommendation for PROPERTY AT S/W approval of the request of Hawaii and. San CORNER OF S. HAM Francisco Development Company to amend the LANE & W. LODI land use element of the Lodi General Plan by AVE. CONT'D. TO changing approximately 13. 5 acres at the south - 9/ 1/76 (continued) Nest corner of South Ham Lane and West Lodi Avenue frcm Low Density Residential Classifica- tion to Medium Density Residential Classification and by changing approximately 4.6 acres located at the southwest corner of South Ham Lane and the future extension. of West Tokay Street .from Low Density Residential Classification to the Commercial -Professional Classification, notice thereof having been published in accordance with law and affidavit of publication being on file in the office of the City Clerk. Mr. Glen Baumbach, 221 W. Oak Street, Lodi addressed the City Council also requesting that the two aforementioned scheduled pubiic hearings be continued to the regular Council meeting of September 1, 1976 at 8:00 p. m. Following Council discussion, on motion of Councilman Katzakian, Pinkerton second, Council continued to the regular Council meeting of September I, I976 at 8:00 p.m. the public hearing to consider the City Planning Commission's recommendation for approval of the request of Hawaii and San Francisco Development Company to rezone portions of a 47 -acre site at the southwest corner of South Ham Lane and West Lodi Avenue from R- I, Single -Family Residential District to certain designated classifications. Councilman Katzakian then moved that the public hearing to consider the City Planning Commission's recommendation for approval of the request of Hawaii and San Francisco Development Company to amend the land use element of the Lodi General Plan by changing approximately 13. 5 acres at the southwest corner of South Ham Lane and West Lodi Avenue from Low Density Residential Classification to Medium Density Residential Classification, and by changing approximately 4. 6 acres located at the southwest corner of South Ham Lane and the future extension of West Tokay Street from Low Density Residential Classification to the Commercial -Pro- fessional Classification be continued to the regular City Council meeting of September 1, 1976 at 8:00 p, m. The motion was seconded by Councilman Pinkerton and carried. CONFLICT OF INTEREST CODE Notice thereof having been published in accordance APPLICABLE TO with law and affidavit of publication being on file in MEMBERS OF the office of the City Clerk, Mayor Hughes called CITY COUNCIL for the Public Hearing for the purpoze of discussion ADOPTED and receiving evidence, both oral and documentary, and for the hearing of proponents of and and RES. NO. 4243 opponents to the proposed Conflict of Interest Code for members of the City Council of the City of Lodi pursuant to the Political Reform Act of 1974. IN Minutes of August 118, :976, continued CONFLICT OF There being no persons in the audience wishing INTEREST CODE to speak on the matter or des?ring to present APPLICABLE TO evidence either oral or documentary, the public MEMBERS OF portion of the hearing was clo3ad. The City CITY COUNCIL Clerk also advised the Council that no communi- ADOPTED cations regarding the matter had been received by her office. RES. NO. 4243 The City Clerk presented an application for Alco- (Continued) On motion of Councilman_ Pinkerton, Katzakian second, Council adopted Resolution No. 4243 thereby adopting a Conflict of Interest Code applicable to the members of the City Council HEARING RE pursuant to the Political Reform Act of 1974. PLANNING The City Manager gave the following report of COMMISSION the Planning Commission meeting of August 9, 1976: ITEMS OF INTEREST is to be held August 23, 1976 at 2:00 p.m. in the The Planning Commission - I. Conditionally approved the Tentative Map for Homestead Manor, a 47 -acre subdivision at the southwest corner of South Ham Lane and West Lodi Avenue approved for 1Z5 single-family lots, 22 duplex lots, 8 apartment sites (198 units) and four commercial -professional parcels. Z. Reviewed the first draft of a proposed Recrea- tional Vehicle Ordinance which would prevent re- creational vehicles from being stored in front yard and street side yard areas. 3. Recommended approval to the San Joaquin County Planning Commission of the request by Dorothy W. Tappan to rezone a 39 -acre agri- cultural parcel 1900' w•e3t of Woodbridge Irriga- tion District Canal on Harney Lane from I -PA, Interim Protective Agriculture to GA -40, General Agriculture (40 -acre minimum) and to enlarge an existing Agricultural Preserve (Williamson Act) with the rezoned property. CO_'vLMUNICATIONS ABC LICENSE The City Clerk presented an application for Alco- holic Beverage License which had been received for Delmar Reimche, 9 N. Sacramento Street, Lodi, On Sale Beer and Wine Public Premises, Person to Person Transfer - dropping partner. HEARING RE City Clerk Reimche presented a notice that had been PROPOSED FILING received from LAFCO of a hearing on the proposed FEE FOR LAFCO Filing Fee Schedule for the Sar. Joaquin County Local Agency Formation Commission. The hearing is to be held August 23, 1976 at 2:00 p.m. in the Chambers of the Board of Supervisors. CLAIMS A Claim for damages. filed on behalf of Mary Kertzman, 1 116 Spruce Street, Galt, California in the amount of $50, 000 was presented by the City Clerk. On motion. of Councilman Pinkerton, Katzakian second, the Claim was rejected and referred to the City's Agent of Record. - 1 . 1u Minutes of August 18, 1976, continued COMMUNICATIONS (continued) A Claim for personal injuries filed on behalf of Otilia Olavarrieta and. Era3mo Olavarrieta, CLAIMS(continued) 629 Ana Street, Lodi in the amounts of $20, 000 and $10, 000 =especrively was pre sen ted by City Clerk Reimche. Councilman Katzak.ian moved. that the Claim be i rejected and referred to the City's Agent of Record. The motion was seconded by Council- man Pinkerton and carried. City Clerk Reimche presented for Council scrutiny NOTICES OF the following notice5 pertaining to matters before MATTERS BEFORE the Public Utilities Commission. THE PUC a) Applications Nos, 5607-7 and 55456 before the Public Utilities Commission of the State of California, of Greyhound Lines, Inc. for statewide increases in intrastate passenger fares and express rates. b) Notice of Proposed Tariff Changes - Notice that Western Union Telegraph Company has filed appli- cation with the California Public Utilities Com- mission to revise its rates applicable to telegram and money order services, c) Order Instituting Investigation before the Public Utilities Commission and Energy Resources Conservation and Development Commission, into the availability and potential use of solar energy in California. S. J. CO. BD. OF Mayor Hughes reminded the Councii of a meeting SUPERVISORS of the San Joaquin County Board of Supervisors to MEETING RE PRO- be held August 19, 1976 at 10:00 a, m. at which a POSED REZONING rezoning proposal a:ll be considered for land OF PROPERTY N. situated north of the Mokelumr.e River and bounded OF THE MOKELUM- by Lower Sacramento Road, Woodbridge Road, and NE RIVER the freeway. The proposal is to rezone this land to a General Agricultural zoning. REQUEST FOR Mr. Gottlieb Scharf, 316 E. Vine Street, Lodi 4 -WAY STOPS AND addressed the City Council requesting 4 -way stops COMPLAINT OF be established at Stockton Street and Pine Street SIGHT DISTANCE and at Stockton Street and Lockeford Street. Mr. PROBLEMS POSED Scharf also complained of a sight obstruction prob- BY CITIZEN lem at the corner of Lodi Avenue and Washington Street. Mayor Hughes referred the matters to Staff. CITIZEN URGES Mr. David A. Williamson, 1901 Colette Street, SURTAX BE LEVIED Lodi, addressed the Council regarding his previous TO SWIMMING POOL recommendation that a surcharge be levied to OWNERS owners of swimming pools as an added income source for the City. Mayor Hughes commented that the City has not been able to substantiate that the use of water in swimming pools is appreciably more than is used for watering lawns and gardens over a period of time, -4- 16 Minutes of August 18, 1976, continued CITIZEN URGES Discussion followed with I'vSr. Williamson SURTAX BE reiterating that he felt a reasonable surcharge LEVIED TO for the privilege of a swimming pool would be SWIMMING POOL in order. OWNERS(Cont'd) Additional discussion_ followed with no action being taken by the Council on the mattar. COMPLAINT Mr. Ben Martinez, 846 Art' -= Avenue, San RECEIVED RE Leandro, California, member of the International LODI POLICE Molders and Allied Workers Union, Local 164, DEPT. INVOLVE- addressed the City Council_ expressing concern MENT IN LODI about strike breaking tactics he state -4 are being IRON WORKS employed by the Lodi Police Department in the STRIKE labor-management dispute presently underway at the Lodi Iron Works. 31r. ).4artinez stated that it is "Our" demand that the Lodi Police Department stop escorting non-union workers in and out of the Lodi Iron Works Plant. Mayor Hughes responded by stating that it is the City's policy not to take sides in this dispute. Mr. Martinez commented further that the City is protecting the non-union workers from ''assumed" violence on the part of the strikers. Mayor Hughes reiterated that the City's policy in this strike is one of complete neutrality and apprised Mr. Martinez that if there is anything that Mr. Martinez feels is tak_ng place that would indicate a lack of neutrality, the City wants to hear about it. REPORTS OF THE CITY MANAGER CONSENT In accordance with the report and recommendation CALENDAR of the City Manager, the follo•«-ir_g actions hereby set forth between asterisks, on mction of Council= man Pinkerton, Katzakian second, were approved by Council. i=Xc >F =F>� * �`� X ->k Ye �"rm >"r' -F >F �i >"r �k �"r �F i m -"i-=` i=F �"n m'•F �i-F'c Y: m m %n ae X<%i: n %R �c ;'r>r` M ;`e a':>`r-"n n X` T �F � :!->� -': T>"r = m r'ic:�'�'C Yti m Yr CLAIMS Claims were approved in the amount of $1, 153, 044. 75. STOCKTON ST. The Council was advised by City IvSanager Glaves that STORM DRAIN the contract for the improvements in "Stockton Street ACCEPTED Storm Drain, Kettleman Lane to Flora Street", which was awarded to McGuire and Hester of Oakland on May 5. 1976 has been completed in substantial con- formance with the plans and specifications approved by the City Council. THE CITY COUNCIL ACCEPTED THE 1MPROVE- MENTS IN "STOCKTON STREET STORM DRAIN, KETTLEMAN LANE TO FLORA STREET" AND DIRECTED THE PUBLIC N'+ORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. -5- 11 ACTION ON FIXING Follc,ving Council discussion, on motion of TAX RATE FOR Councilman Katzakian, Pinkerton second, Council FISCAL YEAR deferred action. on Agenda Item "d" - "Fixing Tax 1976-77 DEFERRED Rate for Fiscal Year 1976-77" to an adjourned meeting cf the City Council to be held Wednesday, August 25, 1976 at 8:00 p. m. Councilman Pinkerton requested that Staff provide the Ccunci. with a list of state -mandated programs and their impact on the City's budget prior to the August 25, 19-1b Council meeting. Mayor Hughes also requested that Council be pro- vided prior to the August 25, 1976 Council meeting with a 5 -year projection of City revenues and expenditures. ENERGY COSTS Mayor Hughes then spoke to the subject of the high DISCUSSED cost of energy; the July 25, 1976 filing by P. G. &E. for an additionai rate increase, and the impact such an increase `xiil ha -,;-e on the City of Lodi. COUNCIL Following introduction of the matter by Mayor AUTHORIZES Hughes, Council, on motion of Councilman Pinkerton, RETAINING FIRM Katzakian Seccad, authorized retaining the firm of OF ERNST & ERNST Ernst and Erns- of Sacramento, California to conduct TO CONDUCT the audit cf the financ-al statement of the City of Lodi ANNUAL AUDIT for the fiscal year ended June 30, 1976 at a cost not to exceed 58, 000. 00. UPDATE ON The City -Manager updated the Council on the follow - PENDING ing two pieces of pending State legislation: LEGISLATION (a) AB 301 (Keysor) - Bill of Rights for Police (b) AB 3000 (Fenton) - Peace Officers "Life Tenure Act" Minutes of August`18, 1976, continued ACTION ON City Manager Glaves presented the proposed PROPOSED CAPITAL Capital O-:tlay Program for 1976-77. Discussion OUTLAY PROGRAM followed with Mayor Hughes requesting that Staff FOR 1976-77 review options cn the Mini Park Site. DEFERRED the Official District Map of the City of Lodi and PD(10) Councilman Pinkerton moved that Council defer action, on the matter to a date uncertain and also ORD. NO. 1084 that the proposed Capital Outlay Program for ADOPTED 1976-77 be referred to the Planning Commission. The motion wac .seconded by Councilman Katzakian and carried. ACTION ON FIXING Follc,ving Council discussion, on motion of TAX RATE FOR Councilman Katzakian, Pinkerton second, Council FISCAL YEAR deferred action. on Agenda Item "d" - "Fixing Tax 1976-77 DEFERRED Rate for Fiscal Year 1976-77" to an adjourned meeting cf the City Council to be held Wednesday, August 25, 1976 at 8:00 p. m. Councilman Pinkerton requested that Staff provide the Ccunci. with a list of state -mandated programs and their impact on the City's budget prior to the August 25, 19-1b Council meeting. Mayor Hughes also requested that Council be pro- vided prior to the August 25, 1976 Council meeting with a 5 -year projection of City revenues and expenditures. ENERGY COSTS Mayor Hughes then spoke to the subject of the high DISCUSSED cost of energy; the July 25, 1976 filing by P. G. &E. for an additionai rate increase, and the impact such an increase `xiil ha -,;-e on the City of Lodi. COUNCIL Following introduction of the matter by Mayor AUTHORIZES Hughes, Council, on motion of Councilman Pinkerton, RETAINING FIRM Katzakian Seccad, authorized retaining the firm of OF ERNST & ERNST Ernst and Erns- of Sacramento, California to conduct TO CONDUCT the audit cf the financ-al statement of the City of Lodi ANNUAL AUDIT for the fiscal year ended June 30, 1976 at a cost not to exceed 58, 000. 00. UPDATE ON The City -Manager updated the Council on the follow - PENDING ing two pieces of pending State legislation: LEGISLATION (a) AB 301 (Keysor) - Bill of Rights for Police (b) AB 3000 (Fenton) - Peace Officers "Life Tenure Act" Council disco: sion followed with questions regarding the pending legislation being directed to the City Manager by the Council. ORDINANCES Ordinance i(o. 1084 entitled "An Ordinance Amending ORD. AMENDING the Official District Map of the City of Lodi and PD(10) Thereby Amending that Portion of Planned -Develop- ment Dist:i._t No. 10(P -D( 10) which Encompasses the ORD. NO. 1084 Area of the Vineyard Subdivision Unit No. 3 at the ADOPTED Northwest Corner of South Hutchins Street and West Harney Lane" having been introduced at a regular -6- _Minutes of August 18, 1976, continued ORD. AMENDENG meeting of the City Council on August 4, PD(10) 1976 was brought up for passage on motion of Councilman Pinkerton, Katzakian ORD. NO. 1084 second. Second reading was omitted after ADOPTED reading by title and the ordinance was then (Continued) passed, adopted and ordered to print by the following vote: Ayes: Councilmen - KATZAKIAN, PINKERTON and HUGHES Noes: Councilmen - None Absent: Councilmen - EHRHARDT and KATNICH ADJOURNMENT There beir_g no further business to come before the Council, the meeting was adjourned by :Mayor Hughes at approximately 9:25 p. m. to August 25, 1976 at 8:00 p.m. on motion of Councilman Pinkerton, Katzakian second. l �' &6,1 it.l Attest: ALICE M, REIMCHE City Clerk -7-