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HomeMy WebLinkAboutMinutes - April 3, 1974CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 3, 1974 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, April 3, I974, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, SCHAFFER 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 Ehrhardt, Hughes second, the minutes of March 20, 1974, were approved as written and mailed. PUBLIC HEARINGS REZONE FROM Notice thereof having been published in accordance P -D (5) TO with law and affidavit of publication being on file R -GA in the office of the City Clerk, the Mayor called for the public hearing to consider the request of Rev. ORD. NO. 1026 Oscar Gross for the rezoning of Parcel 5 as shown INTRODUCED on the former tentative map of the Rivergate Mokelumne Subdivision from a portion of Planned Development District No. 5 (P -D(5)) to R -GA, Garden Apartment Residential District. Planning Director Jim Schroeder presented a drawing of the area proposed for rezoning and discussed the proposal. Rev. Oscar Gross, 3Z 1 West Turner Road, Lodi spoke in favor of the rezoning stating that should the rezoning be approved, a health-care facility for ambulatory patients was planned for the parcel. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. After Council discussion, Councilman Ehrhardt moved the introduction of Ordinance 1026 rezoning Parcel 5 as shown on the former tentative map of the Rivergate Mokelumne Subdivision from a portion of Planned Development District 5 (P -D(5)) to R -GA, Garden Apartment R =sidential District. The motion was seconded by Councilman Katnich and carried. MC 346 Minutes of April 3, 1974, continued 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 continued public hearing on the ASSESSMENT recommendation of the City Planning Commission ORDINANCE NO. to make the Zoning Ordinance and the General Plan 1027 INTRODUCED consistent. There were no persons present who wished to speak on the matter, and the public portion of the hearing was closed. After considerable discussion, Councilman Schaffer then moved introduction of Ordinance 1027 making the Zoning Ordinance and the General Plan consis- tent. The motion was seconded by Councilman Katnich and carried. WEST LOCUST Notice thereof having been mailed to the property STREET STREET owners and also published and posted in accordance LIGHT DISTRICT with law, the Mayor called for the public hearing ASSESSMENT on the assessment for the West Locust Street CONFIRMED Street Light District. There was no one in the audience wishing to speak on the matter, and the RES. NO. 3903 public portion of the hearing was closed. On motion of Councilman Ehrhardt, Schaffer second the Council unanimously adopted Resolution No. 3903 confirming the assessment for the West Locust Street Street Light District. PARK STREET Notice thereof having been mailed to the property STREET LIGHT owners, in accordance with law, Mayor Pinkerton DISTRICT called for the public hearing on the bids received for the construction of certain work and improvements RE. NO. 3907 in the Park Street Street Light District which bids exceeded the engineers' estimate by more than 15116. The following property owners spoke in favor of awarding the contract to the low bidder, Graffigna Electric. Clinton Dyer, 533 Park Street, Lodi Mabel Dreybret, 534 Park Street, Lodi Speaking in opposition to the lighting district was Al Hansen, 521 Park Street, Lodi. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Councilman Katnich, Ehrhardt second, the Council adopted Resolution 3907 awarding the contract for Park Street Street Light District to Graffigna Electric for the amount of the bid - $5, 692. 00. -2- 347 Minutes of April 3, 1974 , continued LUSD PROPOSAL Dr. James G. Cross, Board of Trustees, Lodi FOR DEVELOPERS Unified School District spoke on behalf of the TO PROVIDE Governing Board of the Lodi Unified School District SCHOOL FACILITIES of San Joaquin County and presented to the Council Lodi Unified School District Resolution 73-28 - Relative to Developers Providing School Facilities. A discussion followed with the concurrence of the Council being that this matter would require additional study and review and modification. On motion of Councilman Ehrhardt, Schaffer second, the matter was continued to the April 17, 1974 Council meeting. PLANNING COMMISSION The City Manager gave the following report_ of the Planning Commission meeting of March 25, 1974. ACTIONS OF 1. Instructed the Planning Director to offer the INTEREST following comments on the Revised Draft Environmental Impact Report on (1) the Wood- bridge Golf and Country Club's request to rezone 85.7 acres from the GA -1, General Agricultural District - One Acre Minimum to the RA -20, Residential District; and (2) action initiated by the San Joaquin County Planning Commission to amend the County's General Plan to accommodate the above request: a. that the proposed development will have an adverse impact on the environment by permitting further urban encroachment onto prime agricultural land and by permit- ting additional sewer facilities similar to those at Country Club Vista; that based on long-standing City Policy, the City Planning Commission has always opposed any action which would permit or promote urban development on the north side of the Mokelumne River: and that since the basin plan for sanitary sewage disposal as promulgated by the State and Regional Water Quality Control Boards might require the City to someday accept the process- ing responsibility for the sewage emanating from the development north of the Mokelumne River, the City should be permitted to exercise control over the future development of the area. After reviewing proposed amendments to the County General Plan, made the following recommendations to the County Planning Commission and Board of Supervisors. -3- RTI U-0 Minutes of April 3, 1974, continued a. that the Land Use Element of the County General Plan be amended to limit urban development on the north side of the Mokelumne River to the existing suburban residential density area on the south side of Woodbridge Road, west of Lower Sacramento Road with the remaining area north of the river being designated for agricultural purposes. b. This amendment would establish conformity between the County General Plan and the City General Plan adopted by our Planning Commis- sion and presently under consideration by the City Council. Conformity between these documents is a stated goal of the County Plan; C. that the Open Space/Conservation Element of the County General Plan be amended so that the area presently designated as study area north of the Mokelumne be shown as agricultural except for the area on the south side of Wood- bridge Road, west of Lower Sacramento Road; and that the County General Plan be amended to reflect the area of potential flooding on either side of the Mokelumne River as determined by the U. S. Army Corps of Engineers by (a) extending the area designated as Recreation on the Land Use Element and (b) extending the area designated as Conservation Area on the Open Space/Conservation Element. In making the above recommendations for amendments to the County General Plan, the City Planning Commission considered the following: a. that further urban development in the Lodi area can most economically be served with City utilities if growth occurs south of the Mokelumne River adjacent to the existing corporate limits; b. that subdivisions and associated projects already approved by the City Council and/or Planning Commission, but not necessarily underway, will provide adequate areas for future urban growth for years into the future; C. that improvements presently being planned for the City's White Slough Pollution Control plant do not provide sanitary sewer capability for many areas presently designated for urban development on the Lodi General Plan and make no provisions for properties on the north side of the Mokelumne River; -4- 349 Minutes of April 3, 1974, continued d. that major storm drainage and sanitary sewer collection facilities already constructed by the City of Lodi are designed for the population of the Lodi General Plan and have no capacity for any urban development north of the Mokelumne River; e. that no public agency is presently planning for public utilities such as water, storm drainage and sanitary sewers on the north side of the Mokelumne River, nor has anyone developed the means for financing such improvements; f. that based on long-standing City Policy, the City Council and Planning Commission has always opposed any action which would permit or promote urban development on the north side of the Mokelumne River; and g. that since the Basin Plan for sanitary seweage disposal as promulgated by the State and Region- al Water Quality Control Boards may require the City to someday accept the processing responsibility for the sewage emanating from the development north of the Mokelumne River, the City should be permitted to exercise control over the future development of the area. On motion of Councilman Ehrhardt, Katnich second, the City Clerk was directed to send a letter marked "Urgent - to be read immediately" to the County Plan- ning Commission and the San Joaquin County Board of Supervisors, which would contain therein a copy of the aforementioned report of the Planning Commission meeting of March 25, 1974 and a copy of Ordinance No. 1026. This letter is to reflect the Council's endorsement of the City of Lodi Planning Commission's comments reflected in this report. COMMUNICATIONS DR. BRECKENRIDGE Mayor Pinkerton read a letter received from Dr. C. RESIGNS FROM Robert Breckenridge informing the Mayorof his resigna- PLANNING COMMIS- tion from the Planning Commission due to Dr. Brecken- SION ridge's recent appointment to the California State Board of Dental Examiners. Mayor Pinkerton extended to Er. Breckenridge sincere appreciation from the City Council thanking him for his service to the community while serving on the Planning Commission and extended congratulations on Dr. Breckenridge's appointment to the California State Board of Dental Examiners. -5- :350 Minutes of April 3, 1974, continued SPECIAL OLYMPICS Mayor Pinkerton reported that the Fourth Annual APRIL 17 AND Special Olympics Games, which provides special APRIL 23, 1974 athletic competition for the mentally handicapped, was going to be held April 17, 1974, 9:00 a, m. to 2:00 p. m. , and April 23, 1974 10:00 a. m. to 12 noon at Edison High School. ANTI-LITPER Mayor Pinkerton presented a designation received MONTH from the California Anti -Litter League from Gover- MAY 1974 nor Ronald Reagan designating May 1974 as statewide "Anti -Litter Month. " "SECRET WITNESS" Mayor Pinkerton proposed the establishment of a FUND "Secret Witness" fund in the amount of $1, 000 for information Leading to the determination of the identity of and the apprehension of any person who willfully damages or destroys property. This pro- gram would be set up to work through the news media and the "rewards" would be payable upon conviction. Further support of this fund would be made through citizen's contributions. City Attorney Mullen was questioned as to the legality of this type of fund. Mr. Mullen cited Section 53069. 5 of the Government Code which reads: "Reward for Information concerning person destroying local agency property; liability for reward paid - A local agency as defined in Section 54951, may offer and pay a reward, the amount thereof to be determined by the local agency for information leading to the determination of the identify of, and the apprehension of, any person who willfully damages or destroys any property of the local agency or any property of any other local agency or state or federal agency located within the boundaries of the local agency. Any person who has willfully damaged or destroyed such property shall be liable for the amount of any reward paid pursuant to this section and if he is a minor his parent or guardian shall be liable for the amount. " After considerable discussion, Councilman Katnich moved that this matter be tabled until the May 1, 1974 Council meeting for further discussion and review. The motion was seconded by Councilman Schaffer and carried. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $649, 068. 54 were approved on motion of Councilman Katnich, Ehrhardt second. "PROJECT AWARE" Councilman Hughes related to the Council that he had been apprised of a program which has been operating SUMMER YOUTH in Salinas for the past 3 to 5 years known as "Project EMPLOYMENT Aware". This is a tri -sponsored program - the -6- Minutes of April 3, 1974, continued sponsors being the City of Salinas, the Salinas Chamber of Commerce, and the Salinas High School. Approx- imately 900 applications have been received each summer, and they have been able to place between 500 to 600 youngsters a year. Councilman Hughes stated that he would favor any effort the City of Lodi would expend towards providing local youths with summer employment and would like to investigate the possibility of Lodi becoming involved in a similar program. Frank Wolfe, Chamber of Commerce Manager, 404 West Pine, Lodi, stated that he feels this is a tremendous idea and is certainly in favor of the Charrb er becoming involved in a program of this type. Mr. Wolfe stated that he will be in contact with Salinas, report back to his Board on his findings, and bring back a recommen- dation from the Chamber to the City Council shortly. SPECS- KOFU City Manager Glaves presented plans and specifications PARK TENNIS for the Kofu Park Tennis Courts for Council approval. COURTS On motion of Councilman Schaffer, Katnich second, the Council approved the plans and specifications for the Kofu Park Tennis Courts and authorized the adver- tising for bids thereon. SPECS - Specifications for a 1974 standard model four -door sedan FIRE DEPT. for the Fire Department were presented by City Manager AUTOMOBILE Glaves. On the motion of Councilman Ehrhardt, Hughes second, the Council approved the specifications for a 1974 standard model four -door sedan for the Fire Department and authorized the advertising for bids thereon. RIGHT-OF-WAY The City Manager reported that a settlement had been ACQUISITION negotiated for the right-of-way agreement between LODI AVENUE Glenn R. Houston et al and the City of Lodi for property HOUSTON ET AL located on the north side of Lodi Avenue immediately east of South California Street, Lodi at a sum -of $14, 000. On motion of Councilman Katnich, Ehrhardt second, the Council approved the right-of-way agreement between Glenn R. Houston et al and the City of Lodi for a sum of $ 14, 000 and authorized the City Manager to sign on behalf of the City. AWARD - The City Manager presented bids received for the instal - TRAFFIC SIGNAL lation of a traffic signal at Lodi Avenue and Stockton LODI AVE. & Street as follows: STOCKTONSTR. Smith Electric Supply $28,852.00 RES. NO. 3908 Collins Electric Co. , Inc. $31, 111.00 Steiny and Company, Inc. $35,529.00 -7- 352 Minutes of April 3, 1974, continued R. Flatland Company $35,651.00 M & M Electric $28,554.00 The City Manager recommended the award be made to the low bidder for the amount of the bid. On motion of Councilman Ehrhardt, Schaffer second, the Council unanimously adopted Resolution 3908 awarding the contract for the installation of a traffic signal at Lodi Avenue and Stockton Street to M & M Electric Company in the amount of $28, 554. SPECS - Specifications for a Tandem Roller for use by the TANDEM ROLLER Street Division of the Public Works Department in resurfacing streets and making street repairs were presented by City Manager Glaves. On motion of Councilman Ehrhardt, Katnich second, the Council approved the specifications as presented and authorized advertising for bids thereon. SPECS - The City Manager presented specifications for a tractor TRACTOR LOADER loader to be utilized by the Water and Sewer Division of the Public Works Department. Councilman Katnich then moved that the specifications for the tractor loader as presented be approved and authorized the advertising for bids thereon. The motion was seconded by Council- man Ehrhardt and carried. SPECS - Specifications for a standard 1/2 ton pickup with a 6- 1/2 PICKUP TRUCK foot bed to be utilized by the Water Service crew of the PUBLIC WORKS Public Works Department were presented by City Mana- DEPARTMEN r ger Glaves. On motion of Councilman Ehrhardt, Schaffer second, the Council approved the specifications as presented and authorized the advertising for bids thereon. PACIFIC TELEPHONE Councilman Ben Schaffer presented California State CO. SEEKS SUPPORT Senate Resolution 77 - (Briefed) which requests the IN CPUC INVESTIGA- California Public Utilities Commission to investigate TION the economic impact of interconnection and to assure their action will not affect telephone rates. The Pacific Telephone Company is seeking City Council support in a bid to head off "uncontrolled" use of privately purchased telephone equipment connected to the telephone system. After considerable discussion on the matter, the Council concurred that the matter should be held over for further discussion and review until the April 17, 1974 meeting and that Mr. L. R. de Gallery, local Manager of the Pacific Telephone Company should be invited to attend to answer questions regarding this subject. -8- -352 Minutes of April 3, 1974, continued The City Manager presented a report prepared by the Public Works Director to the Planning Director relat- ing that based upon 1) the expansion schedule at White Slough Water Pollution Control Plart;. 2) the existing sewage flow of 4.03 MGD during 1973; 3) the inability of the City to regulate growth; 4) the existing construc- tion and approved new dwelling units; and 5) Section 1155 1. 6 of the Business and Professions Code, it cannot be recommended to the Planning Commission that additional tentative subdivisions be approved or currently approved maps be extended. Following Council discussion, on motion of Councilman Hughes, Katnich second, the Council temporarily sus- pended the approval of additional tentative maps by the Planning Commission based upon the report of the Public Works Director and Business and Professions Code Section 11551.6. ORDINANCES REZONE I -PA ORDINANCE NO. 1023, ENTITLED, "AMENDING THE TO M-2 OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING AN APPROXIMATELY 9. 5 ACRE ORD. NO. 1023 PARCEL ON THE SOUTH SIDE OF EAST PINE STREET, ADOPTED 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)", having been intro- duced at a regular meeting on March 20, 1974, was brought up for passage on motion of Councilman Ehrhardt, Schaffer 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, KATNICH, SCHAFFER and PINKERTON Noes: Councilmen - None Absent: Councilmen - None REZONE I -PA ORDINANCE NO. 1024, ENTITLED, "AMENDING THE TO C -Z OFFICIAL DISTRICT MAP OF THE Cl TY OF LODI AND THEREBY REZONING THE AREA BOUNDED BY THE ORD. NO. 1024 CITY LIMITS ON THE NORTH: fHE U. S. 50-99 ADOPTED FREEWAY ON THE EAST; AND SOUTH CHEROKEE LANE ON fHE WEST FROM THE I -PA, INTERIM -PROTECTIVE AGRICULTURAL DISTRICT (COUNTY DESIGNATION) TO THE C-2, GENERAL COMMERCIAL DISTRICT (CITY DESIGNATION, " having been introduced at a regular meeting on March 20, 1974, was brought up for passage on motion of Councilman Schaffer, Katnich second. Second reading was omitted after reading by title, and the -9- 354 AMEND SECT 2 - 6 OF THE CITY CODE ORD. NO. 1025 ADOPTED ADJOURNMENT Minutes of April 3, 1974, continued Ordinance was then passed, adopted, and ordered to print by the following vote: Ayes: Councilmen - EHRHARDT, HUGHES, KATNICH, SCHAFFER and PINKERTON Noes: Councilmen - None Absent: Councilmen - None ORDINANCE NO. 1025, ENTITLED, "AMENDMENT OF SECTION Z-6 OF THE LODI CITY CODE ENTITLED, "DUTIES, ETC., OF MAYOR AS PRESIDING OFFICER; MAYOR PRO TEMPORE", having been introducedat a regular meeting on March 20, 1974, was brought up for passage on motion of Councilman Ehrhardt, Katnich 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, KATNICH, SCHAFFER, and PINKERTON Noes: Councilmen - None Absent: Councilmen - None There being no further business, the meeting was adjourned at 10:54 p. m. on motion of Councilman Ehrhardt, Schaffer second. Z&, 7;z 6yr �- -64) Attest: ALICE M. REIMCHE City Clerk -10-