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HomeMy WebLinkAboutMinutes - July 17, 1974Mm CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 17, 1974 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 P.M. on Wednesday, July 17, 1974 in the City Halt Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, and PINKERTON (Mayor) Absent: Councilmen - SCHAFFER Also present: City Manager Glaves, Assistant City Manager Glenn, City Attorney Mullen, Assistant Planner Freitas, and Public Works Director 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 July 3, 1974 were approved as written and mailed. PUBLIC HEARING APPEAL - MR. & Notice thereof having been published in MRS. D. K. LANE accordance with law and affidavit of publication being on file in the office of the City Clerk, the Mayor called for the public hearing to consider the appeal of Mr. and Mrs. D. K. Lane on the action of the Planning Commission of the City of Lodi in denying their reauest for a variance to permit the increase of a balcony overhang into the front yard area from 4 feet to 6 feet at 2240 Newbury Circle (Lot 11), English Oaks Manor, in an area zoned P -D (4), Planned Development District No. 4. Assistant Planner Gregory Freitas introduced the matter and reviewed the Planning Commiss- ion's actions in this matter. There being no persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Following discussion on the matter, the appeal was denied on motion of Councilman Ehrhardt, Katnich second. ME 4�9 Minutes of July 17, 1974, continued PLANNING COMNIISSION The City Manager gave the following report of the Planning Commission meeting of July 8, 1974. 1. Denied the request of Sambo's Restaurants by C. W. Tower Industries for a Variance to increase the maximum size of any one sign from 480 square feet to 726 square feet at 700 Victor Road (i.e. , southwest corner of Victor Road and State Route 99) in an area zoned M- 1, Light Industrial District and within the Freeway Information area as defined in the Sign Restric- tions. COMMUNICA TIONS CLAIMS A Claim was presented for personal injuries in the amount of $150, 000. 00 filed on behalf of Paul E. Hinch II. The claim alleges that the claimant sustained personal injuries when a portable backstop fell on top of the claimant at the Athletic Field at Lodi High School. On motion of Councilman Ehrhardt, Hughes second, the Council rejected the claim and re- ferred it to the City's agent of record. ABC LICENSES An application for Alcoholic Beverage License was received from Peter Mondavi, Rosa Mondavi, Helen Venturi and Mary Westbrook for a California Winegrower's Agents License for a business located at 415 W. Pine Street, Lodi, California. The City Attorney was directed by Council to check into this application for a clarification of the ''California Winegrower's Agent" license designation and to ascertain if the 415 W. Pine Street, Lodi business address was properly zoned for this type of business. -2- 1. Recommended the approval of United RECOMMENDS Vintners, Inc. to rezone a portion of its REZONING FROM property at 1 West Turner Road from the R- 1, R- 1 to M-2 Single -Family Residential District to the M-2, Heavy Industrial District to make an existing winery complex a conforming industrial use. On motion of Councilman Katnich, Ehrhardt second, the matter was set for public hearing on August 7, 1974. ACTIONS OF The Planning Commission also took the follow - INTEREST ing actions of interest to the City Council. 1. Denied the request of Sambo's Restaurants by C. W. Tower Industries for a Variance to increase the maximum size of any one sign from 480 square feet to 726 square feet at 700 Victor Road (i.e. , southwest corner of Victor Road and State Route 99) in an area zoned M- 1, Light Industrial District and within the Freeway Information area as defined in the Sign Restric- tions. COMMUNICA TIONS CLAIMS A Claim was presented for personal injuries in the amount of $150, 000. 00 filed on behalf of Paul E. Hinch II. The claim alleges that the claimant sustained personal injuries when a portable backstop fell on top of the claimant at the Athletic Field at Lodi High School. On motion of Councilman Ehrhardt, Hughes second, the Council rejected the claim and re- ferred it to the City's agent of record. ABC LICENSES An application for Alcoholic Beverage License was received from Peter Mondavi, Rosa Mondavi, Helen Venturi and Mary Westbrook for a California Winegrower's Agents License for a business located at 415 W. Pine Street, Lodi, California. The City Attorney was directed by Council to check into this application for a clarification of the ''California Winegrower's Agent" license designation and to ascertain if the 415 W. Pine Street, Lodi business address was properly zoned for this type of business. -2- 430 Minutes of July 17, 1974, continued An application for Alcoholic Beverage License was received from James A. and Janis Brookes for an On Sale General Eating Place License - Person to Person transfer from James A, Brookes and Marilyn Brookes for a business located at 621 N. Cherokee Lane, Lodi known as the "El Rancho". JOINT MEETING The Council concurred to hold a joint Lodi OF LODI CITY Unified School District Governing Board and COUNCIL & LODI City Council meeting on July 31, 1974 at 8:00 UNIFIED SCHOOL P.M. in the Lodi City Council Chambers to DISTRICT discuss items of mutual concern as follows: GOVERNING BOARD County -wide Committee on the Distribution of a. Future community use of old Tokay High School site b. Opening of Ham Lane between Century and Kettleman C. Development of recreational facilities at the new Tokay High School site d. School sites in the City not presently being used e. Items of mutual concern LODI MEMORIAL Mayor Pinkerton noted the dedication of the HOSPITAL Lodi Memorial Hospital Helicopter Landing HELICOPTER Pad to be held July 24, 1974 at 11:30 A. M. , LANDING PAD stating that Lodi Memorial Hospital will be the DEDICATION only hospital in San Joaquin County to have such a facility. COUNTY -WIDE City Manager Glaves noted that a letter had COMMITTEE ON been received from County Administrator C. E. THE. DISTRIBUTION Dixon asking that the Council designate a OF PROPOSITION 1 representative and an alternate to serve on the PARK FUNDS County -wide Committee on the Distribution of Proposition 1 Park Funds. Mayor Pinkerton named himself as the City's representative to this Committee and named Councilman Katnich to serve as the alternate. REFERENDUM Bonnie Meyer, 1619 W. Elm Street addressed ELECTION the Council expressing objection that the Council had submitted their argument in support of the measure to be voted upon at the August Z7, 1974 Special Referendum Election after the July 5, 1974 deadline for submission of arguments. Mrs. Meyer further charged the Council selected its own argument over the argument submitted by the attorney for Vintage Greens without approval of the City Clerk. -3- 431 Minutes of July 17, 1974, continued REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $423, 915. 00 were approved on motion of Councilman Ehrhardt, Katnich second. MEMORANDUM OF Following introduction on the matter by City UNDERSTANDING Manager Giaves, on motion of Councilman Ehrhardt, Hughes second, the Council accepted the terms and conditions of the Memorandum of Understanding between the City of Lodi and the City of Lodi Chapter, San Joaquin County Employees' Association, Inc. - Fire Unit, General Services Unit, and Police Unit. SALARY On motion of Councilman Ehrhardt, Katnich SCHEDULE second, the Council adopted Resolution No. 3951 adopting a salary schedule for certain RES. NO. 3951 classified employees effective July 1, 1974. COMPENSATION Mr. Glaves presented a proposed ordinance for OF OFFICERS & Council approval which would amend Section 12 EMPLOYEES & of Ordinance No. 444 thereby fixing the compen- VACATION LEAVE sation of officers and employees of the City of Lodi, repealing all ordinances and parts of ordinances in conflict therewith, and establishing a new vacation schedule. ORD. NO. 1039 On motion of Councilman Ehrhardt, Katnich second, the Council introduced Ordinance No. 1039, an ordinance amending Section 12 of Ordinance No. 444 entitled, "An Ordinance fixing the compensation of officers and employees of the City of Lodi and repealing all ordinances and parts of ordinances inconsistent therewith, and establishing vacation leave". -4- The City Clerk reported that a Notice had been received from Carl H. Fritze, Attorney at Law, 1545 Wilshire Boulevard, Los Angeles, California 90017 that pursuant to the Rules of Practice and Procedure of the INCREASE IN Public Utilities Commission, State of PASSENGER California, they are advising that on July 11, FARES 1974, Continental Trailways, Inc., American REQUESTED Buslines, Inc. and Continental Pacific Lines filed an application with the P. U. C., State of California, to increase passenger fares by 1.36%. These increases are requested to offset increased fuel costs. Increases in the same amount have been granted to Greyhound Lines -West Division of Greyhound Lines, Inc. pursuant to Decision No. 82540 of the PUC, dated March 5, 1974. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $423, 915. 00 were approved on motion of Councilman Ehrhardt, Katnich second. MEMORANDUM OF Following introduction on the matter by City UNDERSTANDING Manager Giaves, on motion of Councilman Ehrhardt, Hughes second, the Council accepted the terms and conditions of the Memorandum of Understanding between the City of Lodi and the City of Lodi Chapter, San Joaquin County Employees' Association, Inc. - Fire Unit, General Services Unit, and Police Unit. SALARY On motion of Councilman Ehrhardt, Katnich SCHEDULE second, the Council adopted Resolution No. 3951 adopting a salary schedule for certain RES. NO. 3951 classified employees effective July 1, 1974. COMPENSATION Mr. Glaves presented a proposed ordinance for OF OFFICERS & Council approval which would amend Section 12 EMPLOYEES & of Ordinance No. 444 thereby fixing the compen- VACATION LEAVE sation of officers and employees of the City of Lodi, repealing all ordinances and parts of ordinances in conflict therewith, and establishing a new vacation schedule. ORD. NO. 1039 On motion of Councilman Ehrhardt, Katnich second, the Council introduced Ordinance No. 1039, an ordinance amending Section 12 of Ordinance No. 444 entitled, "An Ordinance fixing the compensation of officers and employees of the City of Lodi and repealing all ordinances and parts of ordinances inconsistent therewith, and establishing vacation leave". -4- 432 Minutes of July 17, 1974, continued MEDICAL INS. On motion of Councilman Katnich, Ehrhardt PREMIUMS IN- second, the Council adopted Resolution No. CREASED & PAY- 3952 approving payment of medical insurance MENT OF $16. premiums for all employees not to exceed $26.44 PER MO. TO per month effective July 1, 1974 and approved DEPENDENT MED. payment of contribution by the City of $ 16. 00 INSURANCE FOR per month to dependent medical insurance CERTAIN premiums for those employees represented by EMPLOYEES the San Joaquin County Employees Association APPROVED and unclassified employees effective July 1, 1974. RES. NO. 3952 equivalent thereof; and approving the following BENEFITS AND On motion of Councilman Ehrhardt, Hughes SALARY second, the Council adopted Resolution No. INCREASES GRANT- 3953 authorizing, effective July I, 1974, yearly ED UNCLASSIFIED medical examinations for unclassified employees; EMPLOYEES rescinding the birthday holiday for unclassified employees; and approving the following salaries RES. NO. 3953 for unclassified employees: Public Works Director $2,053 Police Chief $I,898 Fire Chief $1,790 Finance Director $1,775 Planning Director $1,725 Recreation & Parks Director $1,650 Utilities Superintendent $1,978 Assistant City Manager $1,747 Administrative Assistant Salary range increased 7-1/2% BENEFITS AND Resolution 3953 also granted to those employees SALARY as defined by the Fair Labor Standards Act as INCREASES "Exempt Employees" an extra five days vacation GRANTED CITY per year or the monetary equivalent thereof. MANAGER, CITY ATTORNEY, AND On motion of Councilman Ehrhardt, Katnich CITY CLERK second, the Council adopted Resolution No. 3954 providing for a yearly medical examination for RES. NO. 3954 the City Manager, City Attorney and City Clerk, rescinding their birthday holiday, granting them an extra 5 days vacation per year or the monetary equivalent thereof; and approving the following salaries: City Manager $2, 526 City Attorney $1, 118 City Clerk $ 108 -5- .433 Minutes of July 17, 1974, continued SITE SELECTION City Manager Glaves informed the Council OF SAMUEL D. SALAS that a report was submitted to the PARK & "D" RE- Planning Director and the Planning Comm- TENTION BASIN MADE ission on May 13, 1974 concerning the — location of the "D" Basin. The Planning Commission held a public hearing on the _ selection of the basin location on May 28, 1974. All four sites were included in the EIR Report that was certified by the Planning Commission on May 13, 1974. During the discussion of the four alternate sites, the Planning Commission was very concerned about the impact of this development on surrounding agricultural areas. It was pointed out at that meeting that regardless of which site is chosen, the Elkhorn Fruit Co. property would be affected inasmuch as the storm drain extension from west of the Southern Pacific Railroad Track to Stockton Street would pass through the property on the alignment of future Century Boulevard. Construction of the actual basin itself will continue over the next four or five year period. Following a lengthy discussion on the matter, on motion of Councilman Ehrhardt, Katnich second, the Council designated the southwest corner of Century Boulevard and Stockton Street for the Samuel D. Salas Park and "D" Retention Basin and directed the City Manager to negotiate for the property. PLANS & SPECS FOR The City Manager reported that Westmont "BECKMAN PARK Development Company is approaching comple- INTERIOR DRAINAGE" tion of the excavation of the A-2 Basin, APPROVED Beckman Park. The next step in the develop- ment of the basin is the installation of interior drainage, piping, and catch basins, at an estimated contract cost of $18, 600, and presented the plans and specifications for "Beckman Park Interior Drainage, Century Boulevard and Ham Lane" for Council approval. On motion of Councilman Ehrhardt, Hughes second, the Council approved the plans and specifications for "Beckman Park Interior Drainage, Century Boulevard and Ham Lane", and authorized the City Clerk to advertise for bids thereon. PLANS AND SPECS The City Manager reported to the Council that FOR LODI AVENUE the Foster Manufacturing Division of the Wickes STORM DRAIN Corporation is in the process of expanding APPROVED their facilities easterly of their current location on Cluff Avenue. As a part of their development, they will be paving an 8 -acre parcel for lumber IFIN 434 Minutes of July 17, 1974, continued storage. Paving the parcel will add con- siderably to the storm water runoff in the general area of Cluff Avenue and Lodi Avenue. The City has entered into an agreement with the Wickes Corporation covering delay of improvements for a maximum 5 -year period. The master Drain Program includes a 30 - inch storm drain on Lodi Ave. from Cluff to Myrtle Street. A portion of the line on Cluff Ave. to 700 feet east of Cluff Avenue is being financed through the Master Drain Program funds. The City Manager presented the plans and specifications for the Lodi Ave. Storm Drain from Kelly Street to 700 feet east of Cluff Ave. for Council approval. On motion of Councilman Katnich, Ehrhardt second, the Council approved the plans and specifications for the Lodi Avenue Storm Drain from Kelly Street to 700 feet east of Cluff Avenue and authorized the City Clerk to advertise for bids thereon. AWARD -CURB, GUTTER, City Manager Glaves informed the Council SIDEWALK & STREET that on June 19, 1974, the Council had IMPROVEMENTS- approved the plans and specifications for LAWRENCE, LOCKE- the installation of curb, gutter and sidewalk FORD, STOCKTON & on Stockton, Lawrence, Washington, and WASHINGTON STREETS Lockeford Streets. The parcels are adjacent to the Stadium, the Softball Park, the Armory, the Quonset Hut, and two parking lots on Lockeford Street. Only one bid had been received from Claude C. Wood Company in the amount of $42, 124. 50. City Manager Glaves recommended that the award be made to Claude C. Wood Co., as he felt the bid was a reasonable one. RES. NO. 3955 On motion of Councilman Ehrhardt, Katnich second, the Council adopted Resolution 3955 awarding the contract for the curb, gutter, sidewalk and street improvements on Lawrence, Lockeford, Stockton & Washington Streets to Claude C. Wood Co. in the amount of $42, 124.50. REPORT -DOMESTIC An interim report on domestic sewage flows SEWAGE FLOWS- was presented by Public Works Director Shelley WHITE SLOUGH Jones. Mr. Jones stated that at the City Council meeting of June 5, 1974, the City Council requested that we investigate: (1) Cause of increase in annual domestic sewage flows; (2) Cause of large seasonal variation in domestic sewage flows: and (3) method to treat sewage in excess of capacity of the exist- ing White Slough domestic treatment facilities -7- 435 Minutes of July 17, 1974, continued on an interim basis which included the activation of the old plant. The study performed by Trotter -Yoder and Associates, the City's consulting sanitary engineer, revealed the following: (1) The increased flow is brought about by building permits issued -- primarily the 727 permits issued in 1972 are finally coming on line for a full year operation. (2) The variation in winter -summer flow is caused in most cases by use of evaporative water coolers and points out that 16 in - dustries show an increase of 158, 000 gallons of water per day and recommends additional study and waste discharge ordinances to limit that flow. (3) Increase flow can best be brought about without activation of the old plant, but by modifications to the existing plant system, both the pumping arrangement and pond usage. With the modifications at an estimated cost of $3, 000. 00 contemplated in the report, the sanitary engineering firm feels confident that the City can probably handle an additional 2, 500 building permits between now and when the plant is expanded and sees no problem with as many as 700 permits during 1974. Following a lengthy discussion on the report, the Council took the following action: (1) On motion of Councilman Hughes, Ehrhardt second, ratified expenditure of $3, 000. 00 for modifications to White Slough Water Pollution Control Plant as outlined in the Trotter -Yoder and Associates Study. (2) On motion of Councilman Ehrhardt, Hughes second, Council directed the City Manager and Staff to bring to Council a recommendation on what volume, if any, and also what should be done to curb storm -drain type waters going to our sewage plant. APPROVAL OF REIM- City Manager Glaves reported that in 1972 the BURSEMENT AGREE- City Council entered into an agreement with MENTS- HAWAII- SAN Hawaii -San Francisco Investment Co. for the FRANCISCO INVEST- extension of sanitary sewers and water mains MENT CO. on Church Street. The sanitary sewer extends -8- 436 Minutes of July 17, 1974, continued from their south property line of Vintage East apartment complex at 1825 S. Church Street to the north line of "The Valley" sub- division. The extension will serve an addi- tional ten properties with sanitary sewer service. The agreement has been prepared to include the maximum reimbursable amount to Hawaii -San Francisco Investment Go. of $7, 640, which will be raised through a front footage charge of $3. 18 per front foot and an area charge of $ 130. 69 per acre. The agree- ment was prepared in accordance with Ordinance No. 1013. On motion of Councilman Ehrhardt, Hughes second, the Council approved the sanitary sewer extension reimbursement agreement No. 74501 with Hawaii -San Francisco Investment Co, and authorized the City Manager to execute the Agreement on behalf of the City. The City Manager also reported that the water main extension agreement provides for reim- bursement from two properties. A 10 -inch line was extended from the south limit of Lowe's Village subdivision to serve the Vintage East apartment complex. The agreement pro- vides for a maximum reimbursement of $4, 2 10 which is a front footage charge of $5. 03 per foot. It will serve two additional properties. The agreement was prepared in accordance with Ordinance No. 1012. On motion of Councilman Hughes, Ehrhardt second, the Council approved the water main extension reimbursement agreement No. 74W01 with Hawaii -San Francisco Investment Co. APPROVAL OF RE- The City Manager reported that in June 1972, a IMBURSEMENT AGREE- 6 -inch water main was extended on Peach Street MENT WITH SUN WEST from Tokay Street to Cochran Road to provide SWIM & RACQUET CLUB service to the tennis club. The water main pro- vides service for an additional 10 parcels. The agreement provides for a maximum reimburse- ment of $3, 345 and includes a front footage reimbursement charge of $4.09 per foot. The agreement was prepared in accordance with Ordinance No. 1012. On motion of Councilman Ehrhardt, Hughes second, the City Council approved the water main extension agreement No. 74W 02 with the Sun West Swim & Racquet Club, and authorized the City Manager to execute the Agreement on behalf of the City of Lodi. -9- 43'7 Minutes of July 17, 1974, continued TRANSPORTATION City Manager Glaves reported that the San CLAIM -SB 325 Joaquin County Council of Governments, APPROVED which is the agency in San Joaquin County responsible for transportation planning and RES. NO. 3956 allocation of funds generated through Senate Bill 325, has allocated $133,785 to the City ELIMINATING REQUIRE_ of Lodi. They have in turn requested that MENT FOR A TEN FOOT the City designate $890 as part of its claim REAR YARD SET BACK for the ongoing transportation planning AREA ZONED M-1 AND effort of the Council of Governments. The M-2 balance of these funds will be designated to the following projects: (1) Lodi Avenue ORD. NO. 1036 widening from Avena Ave. to California ADOPTED Street, (Z) The traffic signal at Century Boulevard and Hutchins Street, (3) Comple- tion of work on South Hutchins Street,(4) Traffic Signal which is anticipated to be constructed at Ham Lane and Century Boulevard. On motion of Councilman Katnich, Ehrhardt second, the Council adopted Resolution No. 3956 approving the transportation claim for SB 325 funds and authorized the City Manager to execute documents relating to this claim. COMPLAINTS OF Council directed Staff to check into complaints TRAFFIC PROBLEMS received of traffic problems at Calaveras and AT CALAVERAS & Sonora and Mills and Tokay near Vinewood SONORA AND MILLS School. & TOKA Y ORDINANCES ORDINANCE NO. 1036, entitled "AN ORDINANCE AMENDING CHAPTER 27 (ZONING ORDINANCE) OF THE LODI CITY CODE AND THEREBY ELIMINATING THE REQUIREMENT FOR A TEN FOOT REAR YARD SETBACK EXCEPT WHEN ADJACENT ELIMINATING REQUIRE_ TO AN AREA ZONED FOR RESIDENTIAL MENT FOR A TEN FOOT PURPOSES IN THE M- 1, LIGHT INDUSTRIAL REAR YARD SET BACK DISTRICT AND THE ',I-2 HEAVY INDUSTRIAL AREA ZONED M-1 AND DISTRICT", having been introduced at a M-2 regular meeting on July 3, 1974, was brought up for passage on motion of Councilman ORD. NO. 1036 Katnich, Ehrhardt second. Second reading was ADOPTED 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, and Pinkerton Noes: Councilmen - None Absent: Councilmen - Schaffer _10- 43b Minutes of July 17, 1974, continued TERMS PROVIDED ORDINANCE NO. 1037, entitled "AN FOR OFFICE OF ORDINANCE ADDING SECTION 2-34. 1 TO THE PLANNING ARTICLE 3. PLANNING COMMISSION OF COMMISSION THE LODI CITY CODE, PROVIDING FOR TERMS OF OFFICE OF 'THE PLANNING ORD. NO. 1037 COMMISSION MEMBERS", having been ADOPTED introduced at a regular meeting on July 3, 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, and Pinkerton Noes: Councilmen - None Absent: Councilmen - Schaffer ORDINANCE NO. 1038, entitled "AN ORDINANCE ADOPTING AN OPERATING BUDGET FOR THE SUPPOR"T OF 'THE VARI- OUS DEPARTMENTS OF rHE CITY OF LODI FOR THE FISCAL YEAR BEGINNING JULY 1, 1974 AND ENDING JUNE 30, 1975", having been introduced at a regular meeting on July 3, 1974, was brought up for passage on 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, Katnich, and Pinkerton Noes: Councilmen - None Absent: Councilmen - Schaffer ADJOURNMENT There being no further business, the meeting was adjourned at 10: lb P.M. on motion of Councilman Ehrhardt, Hughes second. Attest: ALICE M. REIMCHE City Clerk