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HomeMy WebLinkAboutMinutes - August 15, 1973220 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS August 15, 1973 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. , Wednesday, August 15, 1973, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, PINKERrON, SCHAFFER and HUGHES (Mayor) Absent: Councilmen - None Also present: City Manager Henry Glaves, Assistant City Manager Jerry Glenn, City Attorney Robert Mullen and Planning Director James Schroeder. INVOCATION The invocation was given by Councilman Ehrhardt. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Katnich, Ehrhardt second, the Council approved the Minutes of August 1, 1973, as written and mailed. PUBLIC HEARINGS APPEAL- Notice thereof having been published in accordance RYAN OUTDOOR with law and affidavits of publications being on file ADVERTISING in the office of the City Clerk, the Mayor called for the public hearing on the appeal of Mr. Francis R. Ruggieri of Ruggieri, Brunn and Lacey, Attorneys at Law, on behalf of Ryan Outdoor Advertising, Inc. for Variances to permit off -premise (i.e. outdoor advertising structures) to remain in place after May 31, 1973, at the following locations: 1. West side of ]U.S. 50-99, 300 feet north of East Lockeford Street in an area zoned M- 1, Light Industrial District. 2. 250 feet north of East Lockeford Street between U. S. 50-99 Freeway and North Beckman Road in an area zoned M-2, Heavy Industrial District. 3. East of U.S. 50-99 Freeway, northeast of Turner Road on-ramp in an area zoned C-2, General Commercial District. 4. South side of East Lodi Avenue immediately west of U.S. 50-99 in an area zoned C-2, General Commercial District. 5. 1110 West Lodi Avenue adjacent to the Sunset Theater in an area zoned C- 1, Neighborhood Commercial. 24 Minutes of August i5, 1973, continued 6. West side of U.S. 50-99 Freeway, northwest of the Turner Road off -ramp in an area zoned FP, Floodplain District, and 7. Southwest corner of North Ham Lane and West Lockeford Street in an area zoned C -S, Commercial Shopping District. This matter was heard on July 11, 1973, and at that time was continued to this date for a complete re- hearing. Planning Director Schroeder introduced the matter and pointed out the locations of the signs on a map. The City Attorney defined the term "Variance" and stated the conditions under which one could be granted by the Council. Mr. Frank R. Ruggieri of Ruggieri, Brunn and Lacey, 1115 Eye Street, Modesto, representing Ryan Outdoor Advertising, Inc. spoke on behalf of the appeal. He asked that the four signs located in the area of the Freeway be allowed to remain until the Freeway is declared a landscaped freeway. He re- quested that the two local structures be allowed to remain until the property on which they are located is developed. He did agree that the sign located in the Floodplain District would be removed in accord- ance with the Outdoor Advertising Act of the State of California. Mr. Harvey Berglund, President, Ryan Outdoor Advertising, Inc. , 2050 West Fremont Street, Stockton, discussed the Outdoor Advertising Act. Mr. Ruggieri then stated that Ryan Outdoor Advertising would agree to remove the two local structures within six months without compensation. He asked that the Council designate the time period grand for removal of the signs as an "amortization period. " City Attorney Mullen advised the Council that the Sign Ordinance provides for the amortization period. There was no one else in the audience wishing to be heard on this matter and the public portion of this hearing was closed. After Council discussion, Councilman Katnich moved the four freeway signs be allowed to re- main in their present locations for a period of one year from this date or until the Freeway is declared a "Landscaped Freeway" and the two local signs to be removed within 90 days from this date. The motion failed for lack of a second. -2- 222 Minutes of August 15, 1973, continued Councilman Pinkerton then moved that the signs at the following locations be removed within 90 days from this date: 1110 West Lodi Avenue. West side of U,S, 50-99 Freeway, northwest of the Turner Road off -ramp. 3. Southwest corner of North Ham Lane and West Lockeford Street. The motion was seconded by Councilman Ehrhardt and carried by unanimous vote. Councilman Schaffer then moved that Ryan Outdoor Advertising be granted the requested Variances for signs located (1) west side of U.S. 50-99, 300 feet south of East Lockeford Street; (2) 250 feet north of East Lockeford Street between U.S. 50-99 Freeway and North Beckman Road; (3) east of U. S. 50-99 Freeway, northeast of Turner Road on-ramp; and (4) south side of East Lodi Avenue immediately west of U.S. 50-99 Freeway; provided the above signs are removed in accordance with Section 27- 13 (h) (5. f. ) of the Code of the City of Lodi which pro- vides for removal of signs within two years of com- pletion of a landscaped freeway. The motion was seconded by Councilman Ehrhardt and passed by unanimous vote. RECESS Mayor Hughes declared a five-minute recess at approximately 9:22 p. m. The meeting reconvened at 9:27 p. m. REZONE PARCEL Notice thereof having been published in accordance W. SIDE S. CHURCH with law and affidavit of publication being on file in S. OF KETTLEMAN the office of the City Clerk, Mayor Hughes called for the public hearing on the recommendation of the ORD. NO. 1014 Planning Commission to rezone from the R- 1, INTRODUCED Single -Family Residential tothe R -MD, Residential - Medium Density District a 3.2 -acre parcel on the west side of South Church Street approximately 1600 feet south of Kettleman Lane. Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. Mr. Terry Piazza of Meyer, Baumbach and Piazza, 221 West Oak Street, spoke in favor of the proposed rezoning. There were no other persons in the audience wish- ing to speak on the matter and the public portion of the hearing was closed. -3- �C Minutes of August 15, 1973, continued Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. There was no one in the audience wishing to speak on the matter and the public portion of the hearing was closed. Councilman Ehrhardt then moved introduction of Ordinance No. 1015 rezoning the above described property to be in the C-2, General Commercial District. The motion was seconded by Councilman Schaffer and carried by unanimous vote. PLANNLN:; COMMISSION The City Manager gave the following report of the Planning Commission meeting of August 13, 1973: ACTIONS OF 1. Continued until September 11, 1973, consideration INTEREST of recommending a change in zoning from the C -S, Commercial -Shopping Center District to an R, Residential zoning classification for an approxi- mately 13 -acre parcel bounded by West Turner Road, North Sacramento Street, Louie Avenue and North Church Street. Set for Public Hearing on August 27, 1973, con- sideration of the Final Environmental Impact Report for an approximately 47 -acre sub- division located at the southwest corner of West Lodi Avenue and South Ham Lane. Set for Public Hearing on August 27, 1973, con- sideration of the request of Mr. Morgan D. Howell, A.I.A. on behalf of the Estate of Ada L. Hutchins for a change in zoning for an approximately 38 -acre parcel located at the southwest corner of West Lodi Avenue and South Ham Lane from R- 1, Single -Family Residential District to P -D(11). -4- Councilman Schaffer then moved the introduction of Ordinance No. 1014 rezoning a 3.2 -acre parcel on the west side of South Church Street approximately 1600 feet south of Kettleman Lane to be in the R -MD, Residential -Medium Density District. The motion was seconded by Councilman Ehrhardt and carried. REZONE 4.8 ACRES Notice thereof having been published in accordance NW CORNER with law and affidavit of publication being on file CHEROKEE & in the office of the City Clerk, the Mayor called PIONEER for the public hearing to consider the recommen- dation of the Planning Commission to rezone from ORD. NO. 1015 the G- 1 Neighborhood Commercial District to the INTRODUCED C-2, General Commercial District an approximate 4. 8 -acre parcel at the northwest corner of North Cherokee Lane and Pioneer Drive. Planning Director Schroeder introduced the matter and presented a drawing of the area proposed for rezoning. There was no one in the audience wishing to speak on the matter and the public portion of the hearing was closed. Councilman Ehrhardt then moved introduction of Ordinance No. 1015 rezoning the above described property to be in the C-2, General Commercial District. The motion was seconded by Councilman Schaffer and carried by unanimous vote. PLANNLN:; COMMISSION The City Manager gave the following report of the Planning Commission meeting of August 13, 1973: ACTIONS OF 1. Continued until September 11, 1973, consideration INTEREST of recommending a change in zoning from the C -S, Commercial -Shopping Center District to an R, Residential zoning classification for an approxi- mately 13 -acre parcel bounded by West Turner Road, North Sacramento Street, Louie Avenue and North Church Street. Set for Public Hearing on August 27, 1973, con- sideration of the Final Environmental Impact Report for an approximately 47 -acre sub- division located at the southwest corner of West Lodi Avenue and South Ham Lane. Set for Public Hearing on August 27, 1973, con- sideration of the request of Mr. Morgan D. Howell, A.I.A. on behalf of the Estate of Ada L. Hutchins for a change in zoning for an approximately 38 -acre parcel located at the southwest corner of West Lodi Avenue and South Ham Lane from R- 1, Single -Family Residential District to P -D(11). -4- 22.4 Minutes of August 15, I973, continued Set for Public Hearing on August 27, 1973, con- sideration of the Tentative Map for the Vintage Greens Subdivision, an apprcximately 47 -acre subdivision comprised of 440 apartment units, 12 fourplex units, 32 duplex units, 36 single- family units, and a 5 -acre ccmmercial-pro- fessional site, said subdivision located at the southwest corner of West Lodi Avenue and South Ham Lane, 5. Recommended approval of the County -referred request of Mr. Ray Wintersteen for a Variance to reduce the minimum required front yard from 20 feet to 0 feet to allow the installation of a 6 -foot -high security fence and an identification sign at 248 East Kettleman Lane in an area zoned C -M, Commercial -Manufacturing District with certain conditions: Mayor Hughes then requested the Planning Commission to investigate and determine what wording might be used to amend the Zoning Ordinance to provide for erection of signs for the purpose of advertising local products such as tasting rooms, etc. COMMUNICATIONS PUC - PGE A notice of hearing was received in the matter of Pacific Gas 9, Electric Company's application for authority to revise its gas service tariff to offset the effect of the increases in price of gas. The matter has been set for public hearing before the Public Utilities Commission on Monday, Septem- ber 24, 1973, at 10:00 a, m. CLAIM FOR The City Clerk presented a claim for personal in - INJURIES - juries on behalf of Nasser Nassereddin in the N. NASSEREDDIN amount of $16,060.90. On motion of Councilman Ehrhardt, Katnich second, the Council rejected the claim and referred it to the City's Agent of Record. UNITED VINTNER A petition was received from all of the owners of ADDITION the land proposed to be annexed to the City of Lodi as the "United Vintners Addition. " Said annexa - RES. NO. 3807 tion was approved by the Local Agency Formation Commission of San Joaquin County on July 20, 1973. The Local Agency Formation Commission also granted the City pourer to waive notice and hearing on the proposed annexation pursuant to provisions of Section 549.71 of the Government Code. On motion of Councilman Schaffer, Ehrhardt second, the City Council adopted Resolution No. 3807 annexing the "United Vintners Addition" to the City of Lodi. PEOPLE -TO- Mayor Hughes read a letter received from Miss Maria PEOPLE Senzenberger in Austria wishing the people of Lodi PROGRAM best wishes on behalf of Mr. Bill Bishofberger who visited Austria on the People - to- People Program. Minutes of August 15, 1973, continued REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $76,250. 16 were approved on motion of Councilman Ehrhardt, Schaffer second. PARKING City Manager stated that at the Council meeting of DISTRICT #1 August 1 he had informed the Council that it would be necessary to levy an ad valorem tax of $. 35 per 1973-74 $100 assessed valuation within Parking District No. 1 TAX RATE Councilman Schaffer pointed out that only those RES. NO. 3808 property owners within the Parking District would be paying the additional $. 35. Councilman Pinkerton then moved the adoption of Resolution No. 3808 levying a $0. 35 ad valorem tax within Parking District No. 1 and fixing the tax rate for fiscal year 1973-74 as follows: General Fund $0. 98 Pension Fund $0.20 Storm Drain Fund $0.20 Library Fund $0.20 Library Construction Fund $0. 10 $1. 68 The motion was seconded by Councilman Katnich and carried. SOLID WASTE At the last meeting the Council heard a presentation from the Public Works Director regarding the Solid Waste Management Plan for San Joaquin County as submitted by the County -wide Solid Waste Manage- ment Committee, the Joint Environmental Health Committee of the Greater Stockton Chamber of Commerce and the San Joaquin Medical Society. At that time the Council agreed discussion of the Plan should be continued so that the public might have an opportunity to review the Plan and offer comments at this meeting. Mrs. Darlene Avery, 430 Virginia Avenue, represent- ing the San Joaquin County League of Women Voters, urged that more emphasis be put on resource recovery. Mrs. Jean Short, 1137 Edgewood Drive, read a state- ment on behalf of Lodi Ecology Action urging more emphasis on resource recovery. She said her group supported the plan and recommended a study be made on the feasibility of establishing only one land- fill for San Joaquin Ccunty. After discussion, on motion of Councilman Pinkerton, Ehrhardt second, the Council approved the Solid Waste Management Plan for San Joaquin County as submitted.. -6- 226 Minutes of August 15, 1973, continued VACATE City Manager Glaves reported the Public Works EASEMENT - Director had recommended the City Council abandon N. CHURCH ST. an easement in Lot 6 , Block 4 of Burr's Addition to Lodi. The easement was dedicated to the City on June 20, 1936. The Public Works Department had determined there was no present or future use for the easement. On motion of Councilman Pinkerton, Katnich second, the Council adopted its Order vacating an easement in Lot 6, Block 4, Burr's Addition to Lodi. SPECS - FIRE On motion of Councilman Pinkerton, Ehrhardt second, PUMPER the Council approved specifications for the fire pumper and authorized advertising for bids thereon. PLANS & SPECS - On motion of Councilman Pinkerton, Schaffer second, SUBD. PAVING the Council approved plans and s pecifications_for Sub- division Paving - 1973 and authorized advertising for bids thereon. PLANS & SPECS - On motion of Councilman Katnich, Pinkerton second, BECKMAN PARK the Council approved pians and specifications for ST. I11APRVMTS. Beckman Park Street Improvements and authorized advertising for bids thereon. PLANS & SPECS. On motion of Councilman Ehrhardt, Schaffer second, CHURCH ST. the Council approved plans and specifications for SAN. SEWER Church Street Sanitary Sewer, Lockeford Street to Daisy Avenue, and authorized advertising for bids thereon. AWARD - HUTCHINS The City Manager presented bids received for the ST. IMPRVMTS. Hutchins Street Improvements, Harney Lane to Kettleman Lane, as follows: RES. NO. 3809 Claude C. Wood Co. $162,883.00 Teichert Construction $179,533.00 Mr. Glaves recommended the award be made to the low bidder for the amount of the bid. On motion of Councilman Schaffer, Ehrhardt second, the Council adopted Resolution No. 3809 awarding the contract for the Hutchins Street Improvements to Claude C. Wood Company for a total of $162, 883. AWARD - STREET Only one bid was received for street materials for MATERIALS the 1973-74 fiscal year. The bid was from Claude C. Wood Company as follows: RES. NO. 3810 600 T 3/4" Class 2 aggregate base A. $1.85/T B. $3.25/T 200 T Concrete sand A. $2. OD/T B. $3.40/T -7- 22T Minutes of August 15, 1973, continued 200 T 1/4" Crushed rock screenings A. 53. 10/T B. $4.50/T 500 T Dense graded plantmix A. $5.75/T B. $7. 15/T C. $7.65/T 500 T Dense graded asphalt concrete A. $5. 50/T B. $6. 90/T C. $7. 40/T 3, 500 T Dense graded asphalt concrete A. $5.75/T B. $7. 15/T _ C. $7.65/T City Manager Glaves recommended award of the bid. On motion of Councilman Katnich, Schaffer second, the Council adopted Resolution No. 3810 awarding the contract for furnishing the street materials to Claude C. Wood Company in accord- ance with the bid. AWARD - HUTCHINS The City Manager presented bids received for ST. LIGHTS Hutchins Street street light standards as follows: RES. NO. 3811 Consolidated Electric $ 9,211.40 Valley Electric Co. $14, 951.30 Mr. Glaves recommended the award be made to the low bidder for the amount of the bid. On motion of Councilman Schaffer, Ehrhardt second, the Council adopted Resolution No. 3811 awarding the Hutchins Street street light project to Consolidated Electric for the amount of the bid. ACCEPT KELLY The City Council, on motion of Councilman Schaffer, ST. SAN. Ehrhardt second, accepted the Kelly Street, Pine SEWER Street and Cluff Avenue Sanitary Sewer Improvements and authorized the Public Works Director to file the Notice of Completion on the project. ACCEPT SCUM The City Council, on motion of Councilman Pinkerton, REMOVAL Schaffer second, accepted the White Slough Scum FACILITY Removal Facilities and authorized the Public Works Director to file the Notice of Completion on the project. 1973-74 CAPITAL On motion of Councilman Katnich, Schaffer second, IMPROVEMENT & the Council introduced Ordinance No. 1016 adopting UTIL. OUTLAY the Capital Improvement and Utility Outlay Budget BUDGET for the City- of Lodi for the fiscal year beginning July 1, 1973, and ending June 30, 1974, as presented, ORD. NO. 1016 with the addition of $2 1, 000 to replace a sanitary INTRODUCED sewer in Lodi Avenue. s Minutes of August 17, 1973, continued CLASS SPECS - The City Manager presented class specifications for the classifications of Assistant Finance Director, RES. NO. 3812 Chief Sewage Plant Operator, Administrative Assistant - Public Works, Dispatcher Clerk Jailer (male), Dispatcher Clerk Jailer (female) and Dis- patcher Clerk - Fire for Council approval. On motion of Councilman Pinkerton, Mayor Hughes second, the Council adopted Resolution No. 3812 adopting class specifications for Chief Sewage Plant Operator and Assistant Finance Director. The Council agreed by general consensus that the remaining specifications would be considered at the meeting of September 5 so that the Council might have additional time to review them. MEDICAL The Council, on motion of Councilman Pinkerton, INSURANCE Schaffer second, adopted Resolution No. 3813 authorizing additional payment for employee RES. NO. 3813 medical insurance for fiscal year 1973-74. METER HOLIDAYS The City Manager presented an ordinance for Council adoption which would amend Section 14-1 ORD. NO. 1017 of Chapter 14 of the City Code entitled, "Motor INTRODUCED Vehicles and Traffic, " and thereby amending the definition of holidays (meter holidays). Councilman Schaffer then moved introduction of Ordinance No. 1017 amending Chapter 14 of the City Code and thereby amending the definition of meter holidays. The motion was seconded by Councilman Ehrhardt and carried. REAPPTMTS - Mayor Hughes proposed the following reappoint - PLANNING COM. ments to the Planning Commission, Library Board LIBRARY BD. and Personnel Board: PERSONNEL BD. Planning Commission Dr. C. Robert Breckenridge (4 -year term ex- piring June 30, 1977) Library Board Dr. Frank Johnson (3 -year terms expir- Lewis P. Singer, Jr. ing June 30, 1976) Personnel Board A. E. Sperring (4 -year term expir- A. D. Tussey ing June 30, 1977) On motion of Councilman Katnich, Ehrhardt second, the Council concurred in these appointments. S. J. COUNCIL Mayor Hughes reported to the Council that the San OF GOVIv1I'S. Joaquin Council of Goverr_ment had been designated as the planning agency for San Joaquin County for trans- portation planning and it would be necessary to appoint a delegate and alternate to that committee. -9- ,229 Minutes of August 15, 1973, continued CHAMBER Mayor Hughes reported he had received com- OF COMMERCE munications from the Lodi District Chamber of Commerce as follows: Letter supporting the Solid Waste Plan for San Joaquin County. 2. Letter requesting the City to make a study of the feasibility of establishing Lee Street and Pleasant Avenue as one-way streets between Lodi Avenue and Lockeford Street. On motion of Councilman Ehrhardt, Pinkerton second, the Council directed the staff to conduct this study as soon as possible. 3. Letter recommending the City expend $6, 000 for a feasibility study of the proposal to retain water in Lodi Lake on a year-round basis. This had been approved by the City Council at a pre- vious meeting and funds are provided in the 1973-74 budget for this project. The Council requested the City Clerk to notify Ivan Suess, President of the Chamber of Commerce, of the Council's actions on the above items. ORDINANCES WATER ORDINANCE NO. 1012, entitled, "AN ORDINANCE REIMBURSEMENT OF THE CITY OF LODI PROVIDING FOR EXTENSION POLIC Y OF WAFER MAINS AND REIMBURSEMENT THEREOF WITHIN THE CITY OF LODI, " having been intro - ORD. NO. 1012 duced at a regular meeting on August 1, 1973, was ADOPTED brought up for passage on motion of Councilman Pinkerton, 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, KA TNICH, PINKERTON, SCHAFFER, and HUGHES Noes- Councilmen - None Absent: Councilmen - None SAN. SEWER ORDINANCE NO. 1013, entitled, "AN ORDINANCE REIMBURSEMENT OF THE CITY OF LODI PROVIDING FOR EXTENSION POLICY OF SANITARY SEWERS AND REIMBURSEMENT THEREOF WITHIN THE CITY OF LODI, " having ORD. NO. 1013 been introduced at a regular meeting on August 1, 1973, was brought up for 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: _10- 230 Minutes of August 15, 1973, continued Ayes: Councilmen - EHRHARDT, KATNICH, PINKERTON, SCHAFFER, and HL GHES Noes: Councilmen - None Absent: Councilmen - None WEINBERG Mayor Hughes announced the resignation of Harry RESIGNS Weinberg from the Recreation Commission. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 11:05 p. m. on motion of Councilmen Pinkerton. - 11- Attest: B SSIE L. B NNETT City Clerk