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HomeMy WebLinkAboutMinutes - March 20, 1974334 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS March 20, 1974 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, March 20, 1974, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, SCHAFFER (arrived 8:20 p.m.) and PINKERTON (Mayor) Absent: Councilmen- None Also present: City Manager Henry Glaves, Assistant City Manager Jerry Glenn, City Attorney Robert Mullen, Planning Director Jim Schroeder, and Public Works Director Shelley Jones. INVOCATION The invocation was given by Councilman Ehrhardt. PLEDGE Mayor Pinkerton led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Katnich, Ehrhardt second, the minutes of March 6, 1974, were approved as written and mailed. On motion of Councilman Ehrhardt, Katnich second, the minutes of March 12, 1974, were approved as written and mailed. UNITED WAY Dr. C. Robert Breckenridge presented to Mayor PLAQUE Pinkerton the United Way President's Trophy for the PRESENTATION community with the top percentage increase in the United Way annual drive. Dr. Breckenridge explained this is a roving trophy and that it will be displayed six months by the City and then be given to the Chamber of Commerce for display. PUBLIC HEARINGS PREZONE FROM Notice thereof having been published in accordance I -PA TO M-2 with law and affidavit of publication being on file in the office of the City Clerk, the Mayor called ORD. NO. 1023 for the public hearing to consider the request of INTRODUCED Mr. L. James Weeks on behalf of Foster Manu- facturing Company to prezone an approximately 9. 5 acre parcel on the south side of East Pine Street, 330 feet east of Cluff Ave. (i. e. , Lot 10, Live Oak Colony No. 3) from the I -PA, Interim - Protective Agricultural District (County Designation) to the M-2 Heavy Industrial District (City Designation). -I- Minutes of March 20, 1974, continued Planning Director Jim Schroeder presented a drawing of the area proposed for prezoning and discussed the proposal. Mr. Jim Weeks of the Foster Manufacturing Co. , 2 14 S. Cluff Ave., Lodi, spoke in favor of the prezoning. There being no other persons in the audience wish- ing to speak on the matter, the public portion of the hearing was closed. After Council discussion, Councilman Katnich moved the introduction of Ordinance No. 1023 prezoning an approximately 9. 5 acre parcel on the south side of East Pine Street, 330 feet east of Cluff Avenue (i. e. , Lot 10, Live Oak -Colony No. 3) from the I -PA, Interim -Protective Agricultural District (County Designation) to the M-2 Heavy Industrial District (City Designation). The motion was seconded by Councilman Hughes and carried. ZONING ORDINANCE Notice thereof having been published in accordance AND GENERAL with law and affidavit of publication being on file PLAN TO BE in the office of the City Clerk, Mayor Pinkerton CONSISTENT called for the public hearing on the recom- mendation of the City Planning to make the Zoning Ordinance and the General Plan consistent. After considerable discussion, Councilman Hughes moved that the Public Hearing on the City Planning Commission's recommendation to make the Zoning Ordinance and the General Plan consistent be continued at the April 3, 1974, regular council meeting. The motion was seconded by Councilman Schaffer and carried. PREZONE FROM Notice thereof having been published in accordance I -PA TO C-2 with law and affidavit of publication being on file in the office of the City Clerk, the Mayor called ORD. NO. 1024 for the pubLic hearing on the recommendation INTRODUCED of the City Planning Commission to prezone the area bounded by the City limits on the north; the U.S. 50-99 Freeway on the east; and South Cherokee Lane on the west from I -PA, Interim -Protective Agricultural District (County Designation) to the C-2, General Commercial District (City Designation). Planning Director Schroeder presented a drawing of the area proposed for prezoning and discussed the proposal. There being no one in the audience wishing to speak either in favor or in opposition to the proposal, the public portion of the hearing was closed. Councilman Ehrhardt then moved introduction of Ordinance 1024 prezoning the area bounded by the MR 336 Minutes of March 20, 1974, continued City limits on the n Wirth; the U.S. 50-99 Freeway on the east; and South Cherokee Lane on the west from the I -PA, Interim -Protective Agricultural District (County Designation) to the C-2 General Commercial District (City Designation). The motion was seconded by Councilman Katnich and carried. PEACH STREET Notice thereof having been published and posted SANITARY SEWER in accordance with law and affidavits of publication ASSESSMENT being on file in the office of the City Clerk, Mayor DISTRICT Pinkerton called for hearing on the proposed formation of the Peach Street Sanitary Sewer Assessment District. Speaking in favor of the proposed formation of the Peach Street Sanitary Sewer Assessment District were: Mr. J. J. Freeman, 711 Peach Street, Lodi Mrs. Claude Lewis, 2033 Cochran Road, Lodi RES. NO. 3897 There being no other persons in the audience DIRECTING wishing to be heard on the matter, the public ASSESSMENT TO portion of the hearing was closed. RES. NO. 3894 Councilman Katnich moved adoption of Res. 3894 OVERRULING overruling protests on the Peach Street Sanitary PROTESTS Sewer Assessment District. The motion was SANITARY SEWER seconded by Councilman Schaffer and carried. RES. NO. 3895 Councilman Schaffer moved adoption of Res. 3895 ADOPTING SCALE adopting the scale of prevailing wage rates. The OF PREVAILING motion was seconded by Councilman Katnich and WAGE carried. RES. NO. 3896 On motion of Councilman Ehrhardt, Schaffer second, ORDERING WORK the Council adopted Resolution 3896 ordering the PEACH ST. S. S.A. work to be done on the Peach Street Sanitary Sewer DISTRICT Assessment District. RES. NO. 3897 Councilman Schaffer then moved adoption of DIRECTING Res. 3897 directing the assessment be prepared ASSESSMENT TO on the Peach Street Sanitary Sewer Assessment BE PREPARED District. The motion was seconded by Councilman Hughes and carried. WILLOW AVE. Notice thereof having beenpublished and posted in SANITARY SEWER accordance with law, and affidavits of publication ASSESSMENT being on file in the office of the City Clerk, Mayor DISTRICT Pinkerton called for the hearing on the proposed formation of the Willow Ave. Sanitary Sewer Assessment District. Mr. James W. Taylor, 71I Willow Avenue, Lodi, stated that when the petition for the formation of the Willow Ave. Sanitary Sewer Assessment District was drawn up, the property owners had -3- -33 Minutes of March 20, :974, continued agreed the assessment should be based on a straight front footage basis, and he had indicated this at the top of the petition prior to its circulation. City Attorney Mullen asked Mr. Taylor if in fact the notation stating "a straight line on Willow and all paying the same amt. " was in his handwriting and was it written on the petition prior to its cir- culation. Mr. Taylor indicated in the affirmative. The City Attorney stated that it would be in order to prepare the assessment as the property owners desired. Mr. Eddie Wisner, 7 17 Willow Street, stated he wished to v*rify Mr. Taylor's statements. Chas. Battaglia, 701 W. Willow Ave. , stated he was in favor of the assessment district, -but that he intended to purchase the property between his lot and Tokay Street and would want sewer hook- up from Tokay Street at that time. It was deter- mined that Mr. Battaglia would be a part of this sanitary sewer assessment district and would be assessed accordingly. RES. NO. 3901 There being no other persons in the audience DIRECTING wishing to be heard on the matter, the public ASSESSMENT TO portion of the hearing was closed. RES. NO. 3898 Councilman Schaffer moved adoption of Res. 3898 OVERRULING overruling protests on the Willow Ave. Sanitary PROTESTS Sewer Assessment District. The motion was seconded by Councilman Katnich and carried. RES. NO. 3899 Councilman Katnich moved adoption of Res. 3899 ADOPTING SCALE adopting the scale of prevailing wage rates. The OF PREVAILING motion was seconded by Councilman Schaffer and WAGE carried. RES. NO. 3900 On motion of Councilman Katnich, Ehrhardt ORDERING WORK second, the Council adopted Res. 3900 ordering WILLOW AVE. the work on the Willow Avenue Sanitary Sewer S.S.A. DISTRICT Assessment District. RES. NO. 3901 Councilman Ehrhardt then moved adoption of DIRECTING Resolution 3901 directing the assessment be ASSESSMENT TO prepared for the Willow Avenue Sanitary BE PREPARED Sewer Assessment District, The motion was WILLOW AVE SSA seconded by Councilman Katnich and DISTRICT carried. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of March 11, 1974. RECOMMEND 1. Recommended that 27 acres at the southeast PURCHASE OF corner of Lower Sacramento Road and the HINES PROPERTY future extension of Century Boulevard be pur- chased from the Estate of Lloyd Hines as the site for Park -Storm Drainage Basin G South. -4- NI, Minutes of March 20, 1974, continued RECOMMEND 2. Recommended the approval of the request of REZONING Rev. Oscar Gross for the rezoning of Parcel 5 FROM P -D(5) as shown on the former Tentative Map of the TO R -GA Rivergate Mokelumne Subdivision from a portion of Planned Development District No. 5 — (P -D(5)) to R -GA, Garden Apartment Residential District. On motion of Councilman Katnich, Schaffer second, that matter was set for public hearing on April 3, 1974. ACTIONS OF The Planning Commission also took the following INTEREST actions of interest to the City Council. 1. Certified the Final Environmental Impact for the acquisition of Park -Storm Drainage Basin G -South proposed for a 27 -acre site at the southeast corner of Lower Sacramento Road and the future extension of Century Boulevard. 2. Approved the request of Mr. Don Webb for a Variance to reduce the required exterior side yard from 5 feet to 3 feet to permit the con- nection of a detached accessory building to the main structure at 1129 South Church Street in an area zoned R-2, Single -Family Residential. COMMUNICATIONS REZONING AT S.W. The City Clerk reported that there had been filed CORNER OF HAM with her a petition containing 103 signatures of LANE AND LODI property owners who live within a radius of 300 A VENUE feet of the proposed development known as "Vintage Greens, " corner of Lodi Avenue and Ham Lane, opposing that development. A letter was received from Gerri Lipkau, 512 Connie Street, Lodi, expressing her disapproval of the proposed Vintage Greens subdivision. CLAIM A claim was presented on behalf of Erminio Urias in the amount of 5 100, 000. On motion of Council- ERMINIO URIAS man Ehrhardt, Councilman Katnich second, the Council rejected the claim and referred it to the City's agent of record. INCREASED A letter was received from George Bothman, 838 S. CABLE T.V. RATES Garfield Street, Lodi, protesting the proposed increase in cable T. V. aerial rates. Mr. Bothman feels these additional charges would discriminate against those living on a fixed income. PUC INTERIM An interim order has been received from the ORDER Public Utilities Commission of the State of Calif. GREYHOUND partially granting a motion for a temporary LINES - WEST emergency fuel cost surcharge supplement of 1.36% to Greyhound Lines - West on their application 54569 filed 1/ 11/74. -3- S." Minutes of March 20, 1974, continued P. U. C. Notice has been received that the Public Utilities HEARING Commission of the State of California has set the P. G. &E, hearing for Pacific Gas and Electric Co. appli- cation Nos. 54616, 54617, and 54615 to revise its gas service tariff to offset the effect of increases in the price of gas from California sources on Monday, April 15,-1974, at 350 McAllister Street, San Francisco, California at 10:00 A.M. P. U. C. Notice has been received that the Public Utilities HEARING - Commission of the State of California has set the GREYHOUND hearing for Greyhound Lines, Inc. - West Division v LINES, INC. WEST applications No. 54653 and 54569 for a statewide DIVISION increase in intrastate passenger fares and express rates on Tuesday, April 9, 1974, at 10:00 A.M. at 350 McAllister Street, San Francisco, California. ABC LICENSES Applications for alcoholic beverage license were received as follows: 1. Jose Ramirez Tapia, E1 Nuevo Guadelajara, 12 1 N. Sacramento St. , Lodi - On sale beer and wine, public premise, new license. 2. Kenneth R. Douglas, Ken's Phillips 66, 1216 Turner Road, Lodi - Off sale beer and wine - new license. COMMUNITY A letter was received from the Community Action ACTION Council requesting local government to pass a COUNCIL resolution favoring an extension of the Economic Opportunity Act of 1964, as amended, and thereby providing continued federal support to CAC through fiscal year 1975. BICENTENNIAL Mayor Pinkerton reported that plans are underway COMMITTEE for the formation of a Bicentennial Committee in Lodi and expressed his desire to involve representa- tives of major segments of the City, such as the Chamber of Commerce, industry, agriculture, various service clubs, historical clubs, veteran groups, churches, etc. in Lodi. Persons in- terested in being involved in this committee were invited to contact the Mayor. AGAPE FORCE Councilman Ehrhardt reported that a group of young people from Sebastopol known as "Agape Force" are soliciting Lodi residents with the sale of books and records. Councilman Ehrhardt urged Lodi residents to support "our" local groups. FIRE DEPT. Mayor Pinkerton commended the Fire Department COMMENDED for their outstanding job at the high school fire. REPORTS OF rHE CITY MANAGER CLAIMS Claims in the amount of $445, 907. 77 were approved on motion of Councilman Ehrhardt, Hughes second. 340 Minutes of March 20, 19'•4, continued CABLE TV The City Council on motion of Councilman RATE INCREASE Ehrhardt, Hughes second, adopted Resolution No. 3902 granting a Lodi Cable TV rate increase RES. NO. 3902 of thirty (30) cents per month for aerial sub- scriptions. PARK STREET The City Manager reported that the following bids STREET LIGHT had been received for the instailaticn of street DISTRICT lights in the Park Street Street Light District: JOHN & IRENE Graffigna Electric $5, 692 KESZLER Collins Electric Co. 6,222 Smith Electric Supply- 8,245 R. Flatland Co. 2 1, 365 The engineers estimated cost for this project was $4, 727, and the low bid is 20. 4%o over this figure. - On motion of Councilman Ehrhardt, Hughes second, the City Council continued the awarding of the bid for street lights in the Park Street Street Light District until 8:00 P. M, Wednesday, April 3, 1974, and set a Public Hearing at that time to consider the comments of affected property owners. AWARD - CITY The City Manager presented bids received for City HALL REMODEL Hall Remodeling Project No. 3 as follows: PROJECT NO. 3 Penrose Construction Co. $41,749.00 RES. 3904 V. L. Gavel Construction, Inc. 42, 072. 00 L. A. Molfino 43, 612.00 The City Manager recommended that the award be made to the low bidder fcr the amount of the bid. On motion of Councilman Hughes, Schaffer second, the Council adopted Resolution 3904 awarding the contract for City Hall Remodeling Project No. 3 to Penrose Construction Co. for the amount of the bid. RIGHT-OF-WAY The City Manager recommended that the City ACQUISITION Council approve the right -o: -way agreement be- LODI AVE. tween Chris R. and La Veta Keszler and the City, CHRIS & which property is necessary for the Lodi Avenue LA VETA KESZLER widening and is located at the southwest corner of Lodi Ave. & Crescent Avenue at a sum of $3100. On motion of Councilman Katnich, Schaffer second, the Council approved the right-of-way agreement between Chris R. and La Veta Keszler and the City of Lodi and authorized the City Manager to sign on behalf cf the City. RIGHT-OF-WAY The City Manager recommended that the City ACQUISITION Ccuncil approve t e right-of-way- agreement LODI AVE, between John and Irene Keszler and the City, JOHN & IRENE which property is necessary fcr the Lodi Avenue KESZLER widening and is located at the southeast corner of Lodi Ave. and Crescent Avenue at a sum of $600. -7- '3=4-1 Minutes of March 20, 1974, continued On motion of Councilman Ehrhardt, Katnich second, the Council approved the right-of-way agreement between John and Irene Keszler and the City of Lodi and authorized the City Manager to sign on behalf of the City. CHERRY TREE The City Manager reported that the Cherry Tree SUBDIVISION Subdivision developer, H & hl Builders, Inc. , FINAL MAP has completed all the requirements as specified APPROVED by the Planning Commission in the approval of the tentative map on July 9, 1973. On motion of Councilman Schaffer, Katnich second, the Council approved the Cherry Tree Subdivision final map, the improvement plans, and the im- provement security and directed the City Manager to sign the subdivision and electrical utility agree- ments on behalf of the City. "NO STANDING, The City Manager reported that a problem has been STOPPING OR created by prospective customers of the Douglas PARKING" IN FRONT Oil Company station on Cherokee Lane parking in OF EL CHARRO the street and completely blocking off driveways ORD. NO. 1025 to the El Charro Restaurant. The City Manager RES. NO. 3905 further reported that the Chief of Police has re- quested that parking be prohibited in front of the E1 Charro immediately south of the Douglas Oil Co. station. After considerable discussion, on motion of Councilman Schaffer, Katnich second, the Council adopted Resolution 3905 prohibiting vehicular standing, stopping or parking on the east side of Cherokee Lane from I55 feet south of the centerline of Vine Street to 330 feet south of the centerline of Vine Street. RECESS The Mayor declared a five-minute recess and the Council reconvened at 10. 10 P. M. COUNCIL RE- The City Manager presented an ordinance for ORGANIZATION Council adoption which would amend Sect. 2-6 DATE of Chapter 2 of the Code of the City of Lodi, thereby amending the date for the reorganization ORD. NO. 1025 of the City Council. INTRODUCED Councilman Hughes then moved introduction of Ordinance 1025 amending Sect. 2-6 of Chapter 2 of the Code of the City of Lod!, and thereby amending the date for the reorganization of the City Council. The motion wras seconded by Councilman. Katnich and carried. WHITE SLOUGH City Manager Claves presented the Council with EXPANSION - the "Project Report for the censtruction of PROJEC r REPORT Water Pollution Control Facilities - 197=1" as prepared by Yoder-Trctter-Oriab & Assoc., Engineering Consultants. -8- r J Minutes of %March 20, i'?774, continued Public Works Director Shelley Jcnes then addressed the Council highl-'ght:ng information contained within the report, Mr. Jones ccnciuded his address by inform_ng the Council that a consultant from the Engineering Consulting firm would be available to speak at a future shirtsleeve session and to answer questions put forth by the Council regarding the report. CITY HALL City Manager Glaves stated that City Hall Remodeling REMODELING Project 2 had been completed, and it would be in PROJECT 2 - order to accept that project as complete, ACCEPTED The City Council en motion of Councilman Schaffer, Katnich second, accepted the work performed under "City Hall Remodel, Project 2. " and authorized the Public Works Director to file a Notice of Completion on behalf of the City, CONSULTANTS The City Manager reported that the City has for some TO DEVELOP time been trying to develop some expertise of data EDP REQUIREMENTS processing requirements for the City. The City pre- sently has no one on its staff with knowledge of this type. City Manager Glaves then presented to the Council a proposal presented by Main Lafrentz and Co. to review the City's current EDP reports and internal City management systems, at a maximum cost of $$4900 through Phase III, On motion of CouncUman Katnich, Schaffer second, the Council authorized the retaining of Main Lafrentz and Co, to develop electronic data processing requirements for the City of Lodi. APPLICATION City Manager Glaves presented an application FOR CCCJ for grant funds under the Omnibus Crime Control GRANT and Safe Streets Act of 1968 to undertake a study for the Police Department entitled, "Information RES. NO. 3906 Needs Formatted Organizationally'' and recom- mended approval of the application. Police Chief Yates explained that the proposed project is to provide the staff, equipment, and data processing support for an experimental effort to develop and implement concise computer print- outs, displays, summaries and other information - conveying devices which fulfill the information needs of the various levels of the Police Dept., and to institutionalize their use. On motion of Councilman Hughes, Ehrhardt second, the Council adopted Resolution 3906 authorizing the C_ty T,ianager to submit the application for grant funds fcr the "Information Needs Formatted Organizationally" Project to the California Ccunc.A cn Criminal Justice and to execute on behalf of the City of Lodi the Grant Award Contract. -9- `34? Minutes of March 20, 1974, continued PROPOSED The City Manager presented to the Council the COG 1974-75 proposed 1974-75 San Joaquin County Council of BUDGET Government's budget. This budget is submitted to the Council in conformity with the provisions of the Joint Powers Agreement under which the COG was formed. After Council discussion and review, on motion of Councilman Hughes, Ehrhardt second, the Council ratified the proposed 1974-75 San Joaquin County Council of Governments Budget. ACQUISITION - The City Manager reported that a letter had been LLOYD EMDE received from the Bank of Stockton advising that HINES ESTATE the Estate of Lloyd Emde Hines was willing to 27 -ACRE PARCEL accept the City's offer of $94, 500 for the 27 -acre parcel at the southeast corner of Lower Sacramento Road and the future extension of Century Boulevard as a site for Park -Storm Drainage Basin G South. On motion of Councilman Ehrhardt, Schaffer second, the Council authorized the City Manager to negoti- ate for the acquisition of the Lloyd Emde Hines Estate 27 -acre parcel for a sum of $94, 500. VAUGHAN City Manager Glaves reported George and Bernice LIBRARY SITE Vaughan had agreed to accept the Library Board's PROPERTY proposal of $26, 000 for the property located at the corner of Locust and Pleasant as a part of the library site. On motion of Councilman Hughes, Ehrhardt second, the Council voted to accept the compromise offer of $26, 000 for the Vaughan library site property. ORDINANCES REZONE R- 1 TO ORDINANCE NO. 1022, entitled, "AN ORDINANCE P -D 11 AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING AN AP - ORD. NO. 1022 PROXI_IIATE 47 -ACRE PARCEL LOCATED AT THE ADOPTED SOUTHWEST CORNER OF SOUTH HAM LANE AND NEST LODI AVENUE FROM R- 1 TO P -D (11), PLANNED DEVELOPMENT DISTRICT NO. 11" having been introduced at a regular meeting on March 6, 1974, was brought up for passage on the motion of Councilman Hughes, 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 and PINKERTON Noes: Councilmen - KATNICH Abstain: Councilmen - SCHAFFER Absent: Councilmen - None _10- 344 Minutes of March 20, 1974, continued PLANNING Mayor Pinkerton announced that there would be two COMMISSION Planning Commission member openings in June and VACANCIES invited those persons interested in serving on the Planning Commission to send in a resume and the reasons for their interest in becoming a member of the Planning Commission. INTRODUCTION Public Works Director Shelley Jones introduced Kristen Kristensen, recently hired Administrative Assistant for the Public Works Department. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 11:35 P.M. on motion of Councilman Katnich, Ehrhardt second. Attest: ALICE M. REIMCHE City Clerk