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HomeMy WebLinkAboutMinutes - April 17, 1974CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 17, 1974 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. on Wednesday, April 17, 1974, 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 Katnich, Hughes second, the minutes of April 3, 1974, were approved as written and mailed. PROCLAMATIONS Mayor Pinkerton took the following actions: Proclaimed April 28 through May 4, 1974, as "Week of the Young Child, " and presented the Proclamation to Angelica Mitchell. Proclaimed the month of May, 1974, as "Senior Citizens Month in the City of Lodi. " SUNDAY CONCERT City Manager Glaves reported that there would be a APRIL 21 concert held Sunday, April 21, 1974, at the City Hall CITY HALL PLAZA Plaza. Stockton Musicians Local 189 and the Lodi Recreation Department will co-sponsor the concert. Local 189 will pay for all expenses involved. REMOVAL OF Mr. A. M. Mellor, 1008 Laurel Ave., Lodi, ad - FENCING ACROSS dressed the Council regarding the fence that has CITY PROPERTY been built across the property recently acquired oy the City for the Lodi Lake Park Expansion Program and asked if something could not be done in having this fence removed from City property. The Mayor directed the staff to check into this immediately and report back to the Council as to their findings. T. J. PENDRAY Mr. T. J. Pendray, 1012 Lake Home Drive, Lodi, SEEKS INFORMATION addressed the Council stating that sometime ago he had sought certain information from the City Manager as to the name of the person requesting that a back- ground check be done on Mr. Pendray and his wife. 356 Minutes of April 17, 1974, continued Mr. Pendray stated that he was not given the requested information. Mr. Pendray went on to say that he feels that he is entitled to this infor- n_ation and wants the Council to direct City Manager Glaves to produce this information. City Attorney Mullen interjected that this was not proper form and recommended the Council drop the matter. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of April 8, 1974: ACTIONS OF 1. Approved the request of Mr. Clarence Wermers INTEREST for a Variance to reduce the required side yard from 5 feet to 2 feet which would permit the_ connection of an existing detached accessory building and an existing main structure by con- structing a new patio cover at 931 York Street in an area zoned R- 1, Single Family Residential. 2. Approved the request of Mr. Glenn Reich for Variances (1) to reduce the required side yard from 5 feet to 3 feet and (2) to reduce the re- quired rear yard from 10 feet to 5 feet to permit a conforming addition to a single-family dwell- ing with nonconforming side and rear yards at 801 South Church Street in an area zoned R-2, Single -Family Residential. 3. Heard a presentation by Assistant City Attorney C. M. Sullivan concerning Conflicts of Interest and Statement of Economic Interests. 4. Opposed County General Plan Amendment GP -S which would permit additional urbanization north of Eight Mile Road at the U.S. 50-99 Freeway. In connection with this matter, the Planning Director was instructed to contact the Lodi Unified School District and the City of Stockton to determine those agencies' positions on this proposal. COMMUNICATIONS PETITIONS The City Clerk presented petitions bearing 2285 OPPOSING signatures requesting that Ordinance No. 1022, ORD. NO. 1022 entitled "An Ordinance Amending the Official District Map of the City of Lodi and Thereby Rezoning an Approximate 47 -acre parcel located at the Southwest Corner of South Ham Lane and West Lodi Ave. from R- 1 to PD- 11, " be repealed by the Lodi City Council or be submitted to a vote of the people at a special election pursuant to Section 4051, California Election Code. The City Clerk reported that the petitions would now be sent to the County Election Office for certification of signatures against affidavits of registration. ,351 Minutes of April 17, 1974, continued MEETINGS RE: The City Clerk reported that a notice had been re - PROPOSED CHANGE ceived of a proposed change in the County General IN SJ CTY Plan, and a community meeting on this proposed GENERAL PLAN change to the General Plan will be held at the Woodbridge School Auditorium, 18500 N. Lilac, Woodbridge, California, on Monday, April 22, 1974, at 7:30 p. m. NOMINATIONS The City Clerk reported that a letter had been re - SOUGHT FOR ceived from the San Joaquin County Senior Citizens SENIOR CITIZENS Action Now Committee inviting nominations for the OF 1974 man and woman to be named as Senior Citizens of 1974. -3- The San Joaquin County Planning Commission will hold a public hearing on the plan amendment at the San Joaquin County Planning Commission Auditorium, 1850 E. Hazelton Street, Stockton, California, on Thursday, May 2, 1974, at 7:30 p.m. CCT REQUEST The City Clerk reported that a letter had been re - TO REMOVE TWIN ceived from the Public Utilities Commission stating TEAM AND that the Central California Traction Company has PACIFIC SPURS in6ormed the Commission of its intention, under the FROM PUBLIC provisions of General Order 36-C, to remove from SERVICE oublic service the team track known as Twin Team and Pacific Spurs (Robinsons Feed Mill), located at Lodi, California, effective May 13, 1974. The company states that these facilities are no longer used and are not required for operating purposes and further that the City of Lodi is anxious to have this spur removed, as switch and rail run through one of its main streets. If the City wishes to make any representation or protest with respect to this proposal, a reply must be received prior to the effective date. ABC LICENSE An Application for Alcoholic Beverage License has been received from George L. Vaughan, The Bottle Shop, 4 12 W. Lodi Ave., Lodi - Off Sale General License Person to Person, Temporary Permit. This license is being transferred from Andrew R. and Ann Kunick. PLEA FOR The City Clerk presented a letter that had been re - FUNDING FOR ceived from Reid and Ann Cerney urging the Council LODI- WOOD BRIDGE to take whatever affirmative action the Council can CENTER to keep open the Lodi -Woodbridge Center. Mr. and Mrs. Cerney state that it is the only organized program in the Lodi area that attempts to meet some of the very basic, survival needs of the poor. The Lodi -Woodbridge Center, its staff, and board personnel, give evidence to the fact that the people of Lodi do care about those who are poor and often times destitute, Please help to find a way to keep the Lodi -Woodbridge Center funded and open. NOMINATIONS The City Clerk reported that a letter had been re - SOUGHT FOR ceived from the San Joaquin County Senior Citizens SENIOR CITIZENS Action Now Committee inviting nominations for the OF 1974 man and woman to be named as Senior Citizens of 1974. -3- :858 Minutes of April 17, 1974, continued LETTER TO Mayor Pinkerton read a letter addressed to Mr. SJ CTY EMPLOYEES Robert M. Cole, General Manager, San Joaquin ASSN RE. COM- County Employees Association, Inc. and signed PULSORY & BINDING by Mayor Pinkerton, regarding the City's position ARBITRATION on compulsory and binding arbitration. The letter was unanimously approved as written and read on motion of Councilman Schaffer, Ehrhardt second. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $947, 081. 82 were approved on motion of Councilman Ehrhardt, Schaffer second. PLEASANT AVE. The City Manager reported that sometime ago a AND LEE AVE. request had been made to staff for a study to DESIGNATED determine if Pleasant Avenue and Lee Avenue - ONE-WAY STREETS should be designated as one-way streets. RES. NO. 3909 Public Works Director Shelley Jones reported on the study that had been made, showing diagrams, and stating that the recommendation resulting from the study was as follows: 1. That LEE AVENUE, between Lodi Avenue and Locust Street, and PLEASANT AVENUE, between Lodi Avenue and Pine Street, and Elm Street to Lockeford Street, be converted to one-way streets; 2. That parking be retained on both sides of both streets; 3. That the direction of travel on LEE AVENUE be southbound and that on PLEASANT AVENUE, northbound; and 4. That parking on PLEASANT AVENUE between Walnut Street and Pine Street be limited to two hours. The following persons spoke in favor of Pleasant and Lee Avenues being designated as one-way streets, but spoke in disfavor regarding the recommended two-hour parking limit on Pleasant Ave. between Walnut Street and Pine Street: Mrs. M. Combs, 211 Pleasant Ave., Lodi Mr. Jim Newman, Corner of Pine and Lee Ave. Mrs. Paulina Piazza, 24 S. Pleasant, Lodi Mr. Joseph Kellar, 229 S. Pleasant, Lodi Mr. Frank Wolfe, Manager of the Chamber of Com- merce, also spoke in behalf of designating Pleasant and Lee Avenues as one-way streets. Mrs. Martha Martz, 220 S. Pleasant, Lodi, also stated that she was in favor of Lee and Pleasant Avenues being designated one-way streets, but hoped that driveways could be marked as to allow enough space on each side of the driveway to allow for the -4- Minutes of April 17, 1974, continued backing and turning maneuvers required to get out of a driveway situated on such a narrow street. Mr. Larry Navarette, Lockeford and Pleasant, Lodi, stated that he feared that his car wash at that location would be used as an alley if Pleasant was designated one-way (north bound) to Lockeford Street. After considerable discussion, on motion of Councilman Katnich, Schaffer second, the Council adopted Res. No. 3909 designating Lee Avenue, between Lodi Avenue and Locust Street, and Pleasant Avenue, between Lodi Avenue and Pine and Elm Street to Lockeford Street, be converted to one-way streets with unlimited park- ing on both streets, and that the direction of travel on Lee Avenue be southbound and that on Pleasant it be northbound. LUSD PROPOSAL The proposed Lodi Unified School District Resolution FOR DEVELOPERS 73-28 - Relative to Developers Providing School TO PROVIDE Facilities, an item being continued from the April 3, SCHOOL FACILITIES 1974, Council Meeting, was again discussed at length. On motion of Councilman Hughes, Schaffer second, action was deferred on this matter to allow Council- man Ehrhardt to work with staff to draw up a resolution that would better meet the City's specific requirements on this subject. PACIFIC Mr. L. R. de Gallery, local Manager of the Pacific TELEPHONE CO. Telephone Company addressed the Council regarding SEEKS SUPPORT California State Senate Resolution 77- (Briefed) IN CPUC which requests the California Public Utilities Com - INVESTIGATION mission to investigate the economic impact of inter- connection and to assure their action will not affect telephone rates. Mr. de Gallery answered questions put forth by the Council on this subject. RECESS The Mayor declared a 5 minute recess and the Council reconvened at approximately 9:30 p. m. SPINK CORP. A report was given to the Council, including maps STUDY - WATER and diagrams, by Mr. Ted Smith of the Spink RETENTION Corporation regarding year around water retention LODI LAKE at Lodi Lake Park. Copies of the Spink Corporation study were provided the Council and staff for their scrutiny. Mr. Smith and Mr. Baird of the Spink Corporation apprised the Council of their willingness to return for a "Shirt -sleeve" session to answer any questions raised by Council, after Council has had the opportunity to review the study in depth. AWARD - The City Manager presented bids received for the WILLOW AVENUE Willow Avenue Sanitary Sewer Assessment District SANITARY SEWER as follows: ASSESSMENT DISTRICT Alvis Carden $ 8,840.00 Wayne Fregian 9,46o. 00 William Burkhardt 7, 161. 30 RES. N0. 3910 A 8c E Pippeline, Inc. I3, 083.45 V. N. VukasLan 10,635.00 A & P Pipeline 9,475. 00 -5— 360 Minutes of April 17, 1974, continued The City Manager recommended the award be made to the low bidder for the amount of the bid and stated that the bid did not exceed 15% of the engineers estimate as prescribed by law. On motion of Councilman Katnich, Schaffer second, the Council adopted Resolution No. 3910 awarding the contract for the Willow Avenue Sanitary Sewer Assessment District to William Burkhardt for the amount of the bid. AWARD - The City Manager also presented bids received PEACH STREET for the Peach Street Sanitary Sewer Assessment SANITARY SEWER District as follows: WORK UNDER ASSESSMENT 1911 ASSESSMENT the property owners in the assessment district. DISTRICT Wayne Fregian $16,682.80 performed by private parties in public streets or Alvin Carden 15, 288.00 RES. NO. 3911 A & E Pipeline, Inc. 18,334.00 ing inspection of work performed under the I911 William Burkhardt 12,522. 95 V. N. Vukasian 17,755.00 A & P Pipeline 14, 689.00 The City Manager recommended the award be made to the low bidder for the amount of the bid and stated that the bid did not exceed 15% of the engineer's estimate as prescribed by law. On motion of Councilman Ehrhardt, Schaffer second, the Council adopted Resolution No. 3911 awarding the contract for the Peach Street Sanitary Sewer Assessment District to William Burkhardt for the amount of the bid. NO CHARGE FOR The City Manager reported that in the installation ENGINEERING of street lights under past assessment district INSPECTION OF proceedings, the City has included the cost of WORK UNDER engineering inspection in the charges levied against 1911 ASSESSMENT the property owners in the assessment district. DISTRICT It appears that this is inconsistent with other work PROCEEDINGS performed by private parties in public streets or subdivisions, and for these reasons the City Manager recommends that the City of Lodi provide engineer- ing inspection of work performed under the I911 Assessment District Proceedings at no cost to the assessment district. Councilman Ehrhardt moved that all future engineer- ing inspection of work performed under the 1911 Assessment District Proceedings will be provided by the City of Lodi with no charge to the assessment districts. The motion was seconded by Councilman Katnich and carried. AWARD - The City Manager presented the bids received for STANDARD one standard sedan automobile to be used by the SEDAN - FIRE Fire Department as follows: DEPT. Sanborn Chevrolet $3,750.62 RES. NO. 3912 Geweke Ford $3, 774.65 -6- Minutes of April 17, 1974, continued Inasmuch as the Sanborn Chevrolet bid did not con- form to specifications, the City Manager recom- mended the award be made to Geweke Ford for the amount of the bid. On motion of Councilman Ehrhardt, Schaffer second, the Council adopted ResoLution No. 3912 awarding the contract to Geweke Ford for the amount of the bid. AWARD - 1/2 TON The City Manager presented the only bid received PICKUP TRUCK for a one-half ton pickup truck to be used by the PUBLIC WORKS Public Works Department as follows: RES. NO. 3913 Geweke Ford $3,227.44 It was determined that the bid was a reasonable bid and the City Manager recommended that the award be made. On motion of Councilman Katnich, Ehrhardt second, the Council adopted Resolution No. 3913 awarding the contract to Geweke Ford for the amount of the bid. AWARD - TANDEM The City Manager presented the only bid received ROLLER- for a Tandem Roller for use in the Department of PUBLIC WORKS Public Works as follows: RES. NO. 3914 Western Traction Co. $17,014.00 The City Manager stated that he felt the bid was reasonable, and his recommendation would be that the award be made. On motion of Councilman Katnich, Ehrhardt second, the Council adopted Resolution No. 3914 awarding the contract to Western Traction Company for the amount of the bid. AWARD - TRACTOR The City Manager presented bids received for LOADER a tractor Loader to be used by the Public Works PUBLIC WORKS Department as follows: RES. NO. 3915 Stockton Ford Tractor, Inc. $6,646.00 Ferdun & Woods Co. 6,684.00 Mid -State Equipment Co. 8,372.80 On motion of Councilman Hughes, Ehrhardt second, the Council adopted Resolution No. 3915 awarding the bid to Ferdun & Woods Equipment Co. of Lodi for the amount of the bid, because of the savings that would be realized in servicing this piece of equipment with a local dealer. The motion carried by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Pinkerton Noes: Councilmen - Katnich and Schaffer Absent: Councilmen - None W 362 Minutes of April 17, 1974, continued ALADDIN GARDENS, The City Manager reported that the Aladdin UNIT NO. 3 Gardens, Unit No. 3 Subdivision developer, SUBDIVISION Aladdin Real Estate, Inc., has completed all FINAL MAP the requirements as specified by the Planning APPROVED Commission in the approval of the tentative map on January 8, 1974. On motion of Councilman Schaffer, Katnich second, the Council approved Aladdin Gardens, Unit No. 3 final map, the improvement plans, and the improvement security and directed the City Manager to sign the subdivision and electrical utility agreements on behalf of the City. CITY MANAGER City Manager Glaves reported that in the planning AUTHORIZED TO of Aladdin Gardens, Unit No. 3, subdivision, -the NEGOTIATE FOR City requested the developer to make provisions FIRE STATION #4 for a fire station site in the vicinity of Lower Sacramento Road and Elm Street. Lot 146 in the subdivision was provided for that site. The site has a 120 -foot frontage on Lower Sacramento Road (Frontage Road) and measures 200 feet deep. On motion of Councilman Ehrhardt, Katnich second, the Council authorized the City Manager to negotiate on behalf of the City for the purchase of the site for Fire Station #4 with Aladdin Real Estate, Inc. at the appraised amount. HAM LANE The City Manager reported that the contract for STORM DRAIN the improvements in the Ham Lane Storm Drain, ACCEPTED Century Boulevard to Kettleman Lane, which had been awarded to Cecil Sand & Gravel Co. on September 19, 1973, in the amount of $49, 842. 40 has been completed in substantial conformance with the plans and specifications approved by the City Council. Councilman Hughes moved that the Council accept the improvements in the Ham Lane Storm Drain, Century- Boulevard to Kettleman Lane, and direct the Public Works Director to file a Notice of Completion with the County Recorder's office. The motion was seconded by Councilman Ehrhardt and carried. PREVAILING City Manager Glaves informed the Council that the WAGE SCALE City is required by Section 1770 of the State Labor ADOPTED Code to adopt a prevailing wage rate for use on Public Works contracts within their jurisdiction. RES. NO. 3916 The City has obtained these classifications and wage rates from the Federal Register, Volume 39, No. 42, dated March 1, 1974. These wage rates will be used in future Public Works construction and considerably reduces the legal advertising expense in advertising for bids. -8- 999 Minutes of April 17, 1974, continued On motion of Councilman Schaffer, Katnich second, the Council adopted Resolution 3916 adopting the prevailing wage scale in accordance with Section 1770 of the State Labor Code. DESTRUCTION OF The City Manager reported that invacating the RECORDS old administrative offices, several transfer AUTHORIZED cartons of personnel material, which met the ORD. NO. 1026 criteria for destruction had been set aside to be RES. NO. 3917 destroyed. As required by law, City Attorney ORD. NO. 1027 Mullen had scrutinized the material, and given ADOPTED written authorization for its destruction. On motion of Councilman Ehrhardt, Katnich second, the Council adopted Resolution 3917 authorizing the destruction of certain personnel records as approved by the City Attorney: ORDINANCES REZONE P -D 5 ORDINANCE NO. 1026, entitled, "AMENDING TO R -GA THE OFFICIAL DISTRICT MAP OF THE CITY THE GENERAL OF LODI AND THEREBY REZONING LOT 5 ORD. NO. 1026 AS SHOWN ON THE FORMER TENTATIVE MAP ADOPTED OF THE RIVERGATE NUKELUMNE SUBDIVISION ORD. NO. 1027 FROM A PORTION OF PLANNED DEVELOPMENT ADOPTED DISTRICT NO. 5 (P -D (5)) TO R -GA, GARDEN APARTMENT RESIDENTIAL DISTRICT, " having been introduced at a regular meeting April 3, 1974, was brought up for passage on the motion of Councilman Katnich, 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 MAKE ZONING ORDINANCE NO. 1027, entitled, "AN ORDINANCE ORDINANCE & OF THE CITY OF LODI AMENDING THE GENERAL THE GENERAL PLAN AND THEREBY MAKING THE ZONING PLAN CONSISTENT ORDINANCE AND THE GENERAL PLAN CON- SISTENT, " having been introduced at a regular ORD. NO. 1027 meeting on April 3, 1974, was brought up for ADOPTED passage on motion of Councilman Schaffer, 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, Katnich, Schaffer & Pinkerton Does: Councilmen - None Absent: Councilmen - None -9- 364 Minutes of April 17, 1974, continued YODER-TROTTER- City Manager Glaves reported that the City has a ORLOB & ASSOC. contract with Yoder- Trotter-Orlob & Associates AGREEMENT dated September 12, 1973, to perform engineering TERMINATED work at White Slough Water Pollution Control Plant. On March 15, 1974, M. C. Yoder ter- minated his relationship with Yoder-Trotter- Orlob and has formed a new firm. The new firms principals are R. M. Trotter and M. C. Yoder, together with eight associates, who also left the firm of Yoder- Trotter -Orlob. TROTTER-YODER On motion of Councilman Katnich, Hughes second, & ASSOCIATES the Council terminated the City's contract for DESIGNATED TO engineering services with Yoder- Trotter-Orlob & PERFORM WORK Associates dated September 12, 1973, and designated the new firm of Trotter -Yoder & Associates to perform engineering work at White Slough Water Pollution Control Plant. STATE ASSURED City Attorney Mullen reported to the Council OF NO EXISTING that the State of California, Dept. of Parks & EASEMENTS Recreation has requested assurance from the ENCUMBERING City that no existing easements are encumber - LAKE PARK ing the lands acquired for the Lodi Lake Park EXPANSION Expansion Project LWCF #06-00275 that will PROPERTY conflict with recreational facilities or uses and that it would be in order for the Council to RES. NO. 3918 adopt a resolution giving this assurance to the State. On motion of Councilman Ehrhardt, Schaffer second, the Council adopted Resolution 3918 assuring the California Dept. of Parks & Recreation that no existing easements encumber the lands acquired for the Lodi Lake Park Expansion Project - LWCF #06-00275 that will conflict with recreational facilities or uses. COUNCIL TO TOUR City Manager Glaves announced that a tour has LAKE PARK been planned for the Council to tour the newly EXPANSION acquired Lodi Lake Park Expansion property PROPERTY on April 27, 1974, ADJOURNMENT There being no further business, Mayor Pinkerton adjourned the meeting at 11: 10 p.m. Attest: ALICE M. REIMCHE City Clerk _10-