Loading...
HomeMy WebLinkAboutMinutes - May 21, 1975 (2)14%1 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS May 2 1, 1975 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. on Wednesday, May 2 1, 1975 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, PINKERTON AND SCHAFFER (Mayor) Absent: Councilmen - HUGHES Also Present: City Manager Glaves, Assistant City Manager Glenn, Assistant City Attorney Sullivan, Planning Director Schroeder and Public Works Director Ronsko INVOCATION The invocation was given by Rev. Robert Volkert, Pastor of the Zion Reformed Church. PLEDGE Mayor Schaffer led the Pledge of Allegiance to the flag. MINUTES Councilman Pinkerton moved the minutes of May 7, 1975 be approved as written and mailed. The motion was seconded by Councilman Ehrhardt and carried. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of May 12, 1975: REZONE 1. Recommended the approval of the rezoning request of R -HD TO John Ferraiolo to rezone a parcel located at 543 E. Pine C-2 Street, Lot 10, Marchand Addition, from the R -HD, Residential High Density- Multiple Family District, to the C-2, General Commercial District. -1- On motion of Councilman Ehrhardt, Pinkerton second, the matter was set for Public Hearing on June 4, 1975. REZONE 2. Recommend the approval of a rezoning request by Aladdin IN P -D (10) Real Estate to reclassify Lots 9, 10, 11, 12, 15, 16, 17, 18, TO SINGLE 19, and 20 in P -D (10) Planned Development District No. 10 FAMILY LOTS from duplex to single family lots. On motion of Councilman Ehrhardt, Pinkerton second, the matter was set for Public Hearing on June 4, 1975. ACTIONS OF The Planning Commission also took the following actions INTEREST of interest to the City Council: 1. Took action opposing a postal order by the U.S. Post Office requiring all new mailboxes in new subdivisions to be located at the curbline and capable of being served by a mail carrier without dismounting from his vehicle. (Previous postal order required new boxes to be located to the rear of -1- 146 Minutes of May 21, 1975, continued the sidewalk, rather than at the dwelling. ) In opposing the order, the Commission directed that letters be sent to the National League of Cities, the California League of Cities, Congressman John McFall, and others, requesting strong and direct action_ at the national level overturning the order. Council discussion followed regarding the postal order, with the City Attorney being directed to check into the City's liability for injuries resulting from this type of mailbox installation. CURBLINE On motion of Councilman Ehrhardt, Pinkerton second, MAILBOX Council directed Staff to prepare a letter to the United INSTALLATION States Post Office indicating Council's strong opposition to MANDATED BY the postal order by the U.S. Post Office requiring all new POST OFFICE mailboxes in new subdivisions to be located at the curbline and capable of being served by a mail carrier without dismounting from the mail carrier's vehicle. 2. Continued a review of off street parking requirements in industrial zones. 3. Recommended denial of a use permit request (County Referral) by Kingdom Hall for a church on the west side of North Kennison Lane from 1800' to 1950' north of State Route 12, east of Lodi in an 1 -PA Interim- Prof ective Agriculture zone. MAYOR Mayor Pro Tem George C. Scott of Avalon, California, PRO TEM who was in the audience was introduced and welcomed. OF AVALON INTRODUCED COMMUNICATIONS APPLICATION The City Clerk presented an Application for Leave to FOR LEAVE TO Present Late Claim filed on behalf of Rodney Quinones, PRESENT a minor. On motion of Councilman Katnich, Ehrhardt LATE CLAIM second, the Application for Lea -;e to Present Late Claim ACCEPTED filed on behalf of Rodney Quinones, a minor, was accepted by Council. The City Clerk also presented a Claim for personal injuries filed on behalf of Rodney Quinones, a minor, in CLAIM the amount of $357, 512. 55. Councilman Katnich moved that the Claim be rejected and referred to the City's Agent of Record. The motion was seconded by Councilman Pinkerton and carried. APPLICATIONS The following notices of application before the California BEFORE P.U.C. Public Utilities Commission have been received and were i. presented to the Council. a. Pacific Gas and Electric Company Application No. 55687 requesting authorization to revise its gas service tariff to offset the effect of anticipated increases in the price of lIP49 14' Minutes of May 21, 1975, continued gas from Pacific Gas Transmission Company. b. Order instituting investigation on the Commission's own motion regarding the investment credit provisions of the 1975 Tax Reduction Act - No. C-9915. Mayor Schaffer deferred action on this request for further discussion and review. Councilman Pinkerton presented an article entitled, "An EPA Rebuttal on Smog", which had appeared in a recent edition of the Stockton Record. The article in part stated that "citing" adverse effect on the health of the citizens of California", federal officials say thaey will attempt to force state authorities to implement air pollution emergency procedures. Paul De Falco, Regional Environmental Protection Agency Administrator, asserted in a recent EPA statement that State officials had abdicated "their responsi- ASSER TIONS bility for dealing with emergency air pollution episodes. " DISCUSSED The article reflected that the EPA has clout, because under the Clean Air Act, it can implement an emergency plan for a state that fails to act on its own or adopts a plan not acceptable to the federal agency. Councilman Pinkerton suggested that a strong letter of concern be directed to Congressman McFall. Council discussion followed. The matter was deferred by Mayor Schaffer for further consider- ation and discussion by the Ccuncil, prior to any action taken by the Council. CONSENT In accordance with the report and recommendation of the CALENDAR City Manager, the following actions hereby set forth between asterisk, on motion of Councilman Pinkerton, Ehrhardt second, were approved by Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $389,454. 81. -3- c, Application of Tokay Water Company, Inc. for a Certificate of Public Convenience to operate a public utility water system in the unincorporated town of Wood- bridge, San Joaquin County, to establish rates for service, and for an order authorizing the issuance of capital stock - Application No. 55566. A letter was presented to the Council, which had been received from the Lodi Bunch, Good Sam Chapter, regarding AD HOC the adopting of zoning ordinances regulating parking, COMMITTEE stopping, storing and use of all recreational vehicles within REQUEST the City limits, asking that the City Council appoint ten TO STUDY people to an Ad Hoc Committee, five to be members of the REGULATIONS Good Sam Chapter, the Lodi Burch, and five to be local RE. business men and civic leaders. The letter states that this RECREATIONAL committee should be authorized to meet jointly with the City VEHICLES Planners to review practices and regulations concerning this - matter in other communities. Mayor Schaffer deferred action on this request for further discussion and review. Councilman Pinkerton presented an article entitled, "An EPA Rebuttal on Smog", which had appeared in a recent edition of the Stockton Record. The article in part stated that "citing" adverse effect on the health of the citizens of California", federal officials say thaey will attempt to force state authorities to implement air pollution emergency procedures. Paul De Falco, Regional Environmental Protection Agency Administrator, asserted in a recent EPA statement that State officials had abdicated "their responsi- ASSER TIONS bility for dealing with emergency air pollution episodes. " DISCUSSED The article reflected that the EPA has clout, because under the Clean Air Act, it can implement an emergency plan for a state that fails to act on its own or adopts a plan not acceptable to the federal agency. Councilman Pinkerton suggested that a strong letter of concern be directed to Congressman McFall. Council discussion followed. The matter was deferred by Mayor Schaffer for further consider- ation and discussion by the Ccuncil, prior to any action taken by the Council. CONSENT In accordance with the report and recommendation of the CALENDAR City Manager, the following actions hereby set forth between asterisk, on motion of Councilman Pinkerton, Ehrhardt second, were approved by Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $389,454. 81. -3- Minutes of May 21, 1975, continued REPORTS City Manager Glaves' report tc the Council recommended OF THE that Council accept the impres ements in "Vineyard Drive VINEYARD Storm Drain., Meadow Drive to Aspen Grove Drive, Aspen DRIVE & ASPEN Grove Drive Storm Drain, Vineyard Drive to 100 feet N/o GROVE DRIVE Audobon Drive. " The report indicated that the contract was STORM DRAIN awarded to Fisher Bros. , Inc. of Rio Vista on March 5, 1975 ACCEPTED in the amount of $15, 481. 00 and that the contract had been completed in substantial conformance with the plans and specifications approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "VINEYARD DRIVE STORM DRAIN, MEADOW DRIVE TO ASPEN GROVE DRIVE, ASPEN GROVE DRIVE STORM DRAIN, VINEYARD DRIVE TO 100 FEET N/O AUDOBON DRIVE" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. REPORTS Following introduction of the matter by City Manager Glaves, OF THE on motion. of Councilman Katnich, Ehrhardt second, Council CITY MANAGER set for Public Hearing on June 4, 1975 the Planning PUBLIC HEARING Commission's recommendation for approval of General Plan SET FOR PROPOSED Amendment 75-2 which revises the industrial portion of the GENERAL PLAN City's General Plan Land Use Element, and which proposed AMENDMENT amendment includes the following major items: 1. That approximately 25 acres presently designated in- dustrial in our downtown area and bounded by the Southern Pacific Railroad, Lockeford Street, Lodi Avenue and a north -south lire half a block east of Sacramento Street be redesignated General Commercial. 2. That our existing single "INDUSTRIAL" General Plan classification be replaced with three new Industrial General Plan classifications, namely, "LIGHT, MEDIUM, AND HEAVY INDUSTRIAL" classifications as shown on a proposed revision to the Lard Use Map. 3. That approximately 345 acres of residentially -classified lard now shown on our General Plan east of U.S. 99-50 be revised to various Industrial General Plan classifications. 4. That a proposed phasing plan be adopted whereby un- developed areas will be phased to permit development to coincide with the future demand for industrial land and the adequate availability of all public utilities and services. Later phased areas will develop after an earlier and adjacent phased area has been at least 80% developed for urban pur- poses. Areas included in phases 0 through 4 are classified LIGHT, MEDIUM or HEAVY Industry. Phase 5 is recommended to be designated as future Industrial, a holding phase which reserves land for industrial purposes to be classified after 50% of phase 3 areas are developed. 5. The Commission also proposes, as part of the amendment, -4- 14( Minutes of May 21, 1975, continued an updated Street and Rail Line Master Plan for phases 1 through 4 east of U.S. 99-50. Architect Arlie Preszler addressed the Council regarding the pians and specifications for security alterations in the Public Safety Building Stating that the proposed work would consist of seven items: Mayor Schaffer proclaimed the week of May 25 - 31, 1975 to be "School Safety Patrol Week", presenting the proclamation PROCLAMATION to Police Officer Rex Hegwer. Officer Hegwer was com- mended by the Council for his fine work in the School Safety Patrol Program. Mr. Dario DeBenedetti of the Sanitary City Disposal Co. , Inc. addressed the Council requesting a rate increase for residential and commercial refuse collection services within the City of Lodi. Mr. DeBenedetti stated that the company after considering all expenditures, is losing operating capital, profits and investment income, and cited a $12, 983. 00 loss in 1973 in residential service; and in 1974, a residential service loss of $60, 802. 00. Mr. DeBenedetti stated that the present rate of return, based on a five year average, does not allow for the current sharp increase in inflation and the decline in the buying power of the dollar. The following rate increase requests were made by Mr. DeBenedetti: a. Increase the rate of return, allowing interest expense and the ranch land, excluding trees, vines and building; b. Allow a built-in inflation factor to help stabilize the -5- 1. constructing of a glass partition in the main lobby for security reasons; 2. replacing the glass in the sliding windows on the south side of the building with Lexan plastic sheeting for security reasons; 3. addition of a new doorway across the hall corridor; -. construction of a cabinet and key board; 5, relocation of gun locker; 6. removal of "line up" screen wall in squad briefing room; PLANS AND 7. modifications of exhaust air system in pistol range; SPECS FOR SECURITY A cost estimate for this project was detailed for the Council ALTERATIONS by Mr. Preszler. FOR PUBLI-_ SAFETY Questions regarding the project were directed to Mr. BUILDING Preszler by the Council. A PPR VD. = -�J Councilman Katnich moved that the Council approve the plans and specifications for the proposed security alterations in the Public Safety Building, and authorize the City Clerk to advertise for bids thereon. The motion was seconded by Councilman Ehrhardt j.nd carried. Mayor Schaffer proclaimed the week of May 25 - 31, 1975 to be "School Safety Patrol Week", presenting the proclamation PROCLAMATION to Police Officer Rex Hegwer. Officer Hegwer was com- mended by the Council for his fine work in the School Safety Patrol Program. Mr. Dario DeBenedetti of the Sanitary City Disposal Co. , Inc. addressed the Council requesting a rate increase for residential and commercial refuse collection services within the City of Lodi. Mr. DeBenedetti stated that the company after considering all expenditures, is losing operating capital, profits and investment income, and cited a $12, 983. 00 loss in 1973 in residential service; and in 1974, a residential service loss of $60, 802. 00. Mr. DeBenedetti stated that the present rate of return, based on a five year average, does not allow for the current sharp increase in inflation and the decline in the buying power of the dollar. The following rate increase requests were made by Mr. DeBenedetti: a. Increase the rate of return, allowing interest expense and the ranch land, excluding trees, vines and building; b. Allow a built-in inflation factor to help stabilize the -5- 17n Minutes of May 21, 1975, continued rates charged and to help hedge against inflation; c. Eliminate the five year average, as it is not representa- tive of the present economy and therefore impractical. d. Requested that the rate for the first can be increased $ 1. 05 per month and that each additional can be increased. $.40 per month. e. Pequested that a 12.6% over-all increase be allowed on commercial rates and that commercial customers using specific types of service be brought to the existing slated rates for those services. Mr. DeBenedetti apprised the Council that the last residential rate increase in Lodi was in 1964, adding that RATE INCREASE during this time the Company has maintained a high level REQUESTED BY of service while providing backyard collection, which is SANITARY CITY the most expensive type. The Sanitary City Disposal DISPOSAL CO., Company, Inc, as a part of their collection service, includes INC. grass and other yard wastes, which in many other cities is collected by the City as part of the weekly street clean-up service. Mr. Ivern (Siff) Baffoni, 540 Kensington Way, Lodi spoke on behalf of the requested increase and applauding Sanitary City Disposal Co. , Inc. for its fine service. A lengthy discussion followed with questions being directed to Mr. DeBenedetti by the Council. Council indicated that additional time would be needed for further study and review of the presentation and documentation for the requested increase which had been furnished the Council by the Sanitary City Disposal Co. , Inc. On motion of Councilman Katnich, Ehrhardt second, the request for a rate increase by the Sanitary City Disposal Go. , Inc. was deferred to the regular Council meeting of Jure 4, 1975. Council was advised that a request had been received from Mr. John S. Bowen and Mr. Henry J. Yamada for the abandonment of alleys located between Lots 1 and 12 and between Lots 1, 2, and 3 and Lot 4 of Block 3 of the Sturia School Addition. The two alleys are 20 feet wide and approximately 150 feet long. McDonald, Inc. is planning a drive-in restaurant at the southwest corner of Lodi Avenue and Church Street. As part of this development, McDonald, Inc. will be using the lot to the west (presently the House of Stewart) and the parking lot immediately south of the old Sell -Rite Market. The alleys will be maintained as public utility easements to cover e: -:;sting and future utilities and will remain free of ABANDONMENT buildings as part of the parking area for McDonald's. OF ALLEYS Following discussion by Council, on motion of Councilman -6- 15.' Minutes of May 21, 1975, continued -(.SM 10 .,-ri --ir-D") rlo;Jom 5HT i-.16 ri�)mISH ll6arli 7,TUuv vd q :S' --'r tea j1 afu t, C'ff V? qa 0 "'1 PT 17 T Katnicb, Ehrhardt second, the matter was set for Public 'CO ! ":­ '. '9 E`,10i-"� ._'� ­ , Hearing'dirJ1jee I tkasiiis' '0" referred to the . �r Si - ". -.� I! Planning' , RES. NO. 4065 On motion of Councilman Ehrhardt, Katnich second, Council DEC.LAIR�11�7 '07 `adb`pt'4d'-A 6:.14 0� , 5' decta tYig'its'irif'ention to INTENTI614- Tb"' abandon the E8ithh _� ' ' - Jz - � " "alf'of. ,be ARA7 i6u'th alley and the 6a: n �one-Y ABANDON -___east -half of the east/west alley in the block bounded by -ADOPTED-- I r.di ,Ogpue, Cnurc eet,`Chestnut Street, `and Pleasant Avenue, Councilman Ehrhardt alerted those Councilmen who were STATE L unable to 9tte 'a �-A6 recent'Mayors and City Councilmen LEGISLATION Legislative Conference held in Sacramento that there was L:1 im-Nal%". ., - --ff , I giith'ering to the filing of a rot,6si-fd Jr�jfrsla'46`46 xi�­,gairding.'Iegisiation that places . B'UR'DEN C. 7, � �.,. _": "": F, 17, "1 ! I !;�; ( j a �inanClaTlVutaen on (�:'Aies; ��reby the State would ON CITIES have -to plan funding for future legislation of that kind.,. - 7"o RE'., '3 ,I .,.- I I I - : -­ .1-1, ADJOURNMENT Iny"'o fu"'r P 1�u �� - �­ - - There b'41 Z)1. n _19 1 r ; Y 6 ifies 4,' the meeting was adjourned by Mayor Schaffer at 10; 15 p.m. on motion of Councilman q 1 31 1, hk�6h -(.SM 10 .,-ri --ir-D") rlo;Jom 5HT i-.16 ri�)mISH ll6arli 7,TUuv vd q :S' --'r tea j1 afu t, C'ff V? qa 0 "'1 PT 17 T