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Home My WebLink AboutMinutes - October 25, 1972I3 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS OCTOBER 25, 1972 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday' October 25, 1972, in the City Hall Council Chami-ers. ' ROLL CALL Present: Councilmen - HUGHES, KATNICH, PINKERTON, SCHAFFER and EHRHARDT (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Planning -. ;•:.:' Director. -Schroeder and .Public Works Director Jones. INVOCATIQN..,c:_. -The. invocation was given by Mayor Ehrhardt. PLEDGE Mayor Ehrhardt led the Pledge of Allegiance .to the flag. MINUTES On motion of Councilman Katnich, Hughes second, the Minutes of September 20, 1972, were approved as written and. mailed. On motion of Councilman Katnich, Pinkerton second, the Minutes of October 4, 1972, were approved as written and mailed PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of October 9, 1972: GRACE The Planning Commission approved the request of PRESBYTERIAN Grace Presbyterian Church by Reverend Vernon CHURCH REQUEST Robertson for a change in -zoning for the easterly REZONING 2 acres of a church site at 10 North Mills Avenue (i, e. , Lot 139, Capell Park) from the R- 1, Single - Family Residential District to the R -GA, Garden Apartment Residential District. The matter was set for public hearing on November 15, 1972, on motion of Councilman Schaffer, Katnich second. ACTIONS OF The Planning Commission also took the following INTEREST actions of interest to the City Council: 1. Recommended denial of the San Joaquin County Planning Commission referred re- quest of Dr. Melvin E. Taves by Mr. George Ferrero for a change in zoning from the I -PA, Interim -Protective Agricultural District to the C-2, General Commercial District or any other zone permitting a shopping center for a 23 -acre parcel at the southeast corner of Lower Sacramento Road and Kettleman Lane. -I- 74 Minutes of October 25, 1972, continued APPRECIATION A note of appreciation was received from Mrs. Sam Salas ackn6wle'dging the coniiibution made by the City to a memorial fund in honor of former Recreation and Parks Commissioner Samuel Salas. L. J. FISCHER A Claim for Personal Injuries on behalf of Leonard J. CLAIM FOR Fischer in the amount of $2, 500 was rejected on INJURIES motion of Councilman Schaffer, Hughes second, and REJECTED referred to the City's Agent of Record. TAXPAYERS' A letter was received from Mr. Doug Carter, Executive ASSOCIATION Secretary, San Joaquin County Taxpayers' Association, Inc. , 1151 West Robinhood Drive, Stockton, requesting the City Council to use revenue sharing funds for property tax relief. PG&E- PUC A Notice of Hearing was received in the matter of Pacific Gas & Electric Company's application for authority to adopt a fuel cost adjustment provision for inclusion in its electric tariff. The matter has been set for public hearing before the Public Utilities Com- mission on Wednesday, November 15, 1972, at 10:00 A. N1. On motion of Councilman Schaffer, Katnich second, the City Council went on record opposing the above provision as requested by PG&E. In making this recommendation the Planning Com- mission noted that the proposed development of a shopping center at this site was premature for the City o; Lodi._._.It,ivas-furtlnr pointed out that no City _utilitiesor services are available to the proposed site. 2. Continued until its rescheduled meeting of October 30, 1972, the request of Mr. Peter Croucher on behalf of Rivergate, Inc. for an extension in time -on theAp- lronu it proved Tentative Subdivision Map fol RivergaEe : .._ ., .� _ Mokelumne Subdivision, an approximately 47 -acre.;. tract on the north side of West Turner Road at ` ;j Church Street. . =3". Approved the request of Lodi Memorial Hospital for a Use Permit to construct an emergency hospital heliport on a presently -vacant parcel immediately "north of Lodi Memorial Hospital at the southwest corner of West Vine Street and South Fairinont -Avenue with cerfdilh conditions. serol 70' �szii_i za•,.;';%4.:=c� Clarified, for the: Staff andWestmont Development Company that the front courtyard fence height for ^r�,`r.`'•! =. .._ ,_zero-lot.line units .in Phase I of the English -Oaks_ ; .'.: Manor shall not exceed 6 feet. G%bIv�lvitJlVICA TIONS_.i-: ABC LICENSE Applications for alcoholic beverage license were .received as- follows: ±, 1✓ ir.4 1. Les Clayton and:,Douglas C. Fischer, Orlie's Saloon, 114 North School Street, on -sale beer and wine eating place, new license. Z. Pa•tricia,A. and._Zidan.Suplaban, 100 South Main Street, on -sale general eating place, person-to- person transfer. _.,.... .. .. C;. r..:." z. APPRECIATION A note of appreciation was received from Mrs. Sam Salas ackn6wle'dging the coniiibution made by the City to a memorial fund in honor of former Recreation and Parks Commissioner Samuel Salas. L. J. FISCHER A Claim for Personal Injuries on behalf of Leonard J. CLAIM FOR Fischer in the amount of $2, 500 was rejected on INJURIES motion of Councilman Schaffer, Hughes second, and REJECTED referred to the City's Agent of Record. TAXPAYERS' A letter was received from Mr. Doug Carter, Executive ASSOCIATION Secretary, San Joaquin County Taxpayers' Association, Inc. , 1151 West Robinhood Drive, Stockton, requesting the City Council to use revenue sharing funds for property tax relief. PG&E- PUC A Notice of Hearing was received in the matter of Pacific Gas & Electric Company's application for authority to adopt a fuel cost adjustment provision for inclusion in its electric tariff. The matter has been set for public hearing before the Public Utilities Com- mission on Wednesday, November 15, 1972, at 10:00 A. N1. On motion of Councilman Schaffer, Katnich second, the City Council went on record opposing the above provision as requested by PG&E. ,75 Minutes of October 23, 1972, continued OR_; ADD ION A petition was rece_ved signed 'oy sor•:e of the owners _.._ L_ of land prcposed to be annexed to the City as the "Moore Add t: Dr,, Said annexation was approved tEl VES by t to Local Agency Cor:.mission of San Joaquin County on September 11, i972. City Attorney ?.lullen stated that the "Annexation of Uninhabited Territory Act of 1939" had recently been declared unconstitutional by the State Appellate Court and he recomrn::nded the Council take no action or. me aetitlon at this time. On motion of Councilman Schaffer, Pinkerton second, the Council deferred action on the above petition pending clarification of the annexatio:; procedure. C OF C City Manager Glaves presented a letter received from RF X'rVALKS Dr. Frank V. Johnson, President of the Lodi District DOWN:'Olt Y Chamber of Commerce, stating t;.e Board of Directors had enulorsed a proposal of the Civic Affairs Committee to request t free additional cross,,valks on School Street. He requested twat a study be trade of the proposed mid - block crosswalks as soon ac possiolc. He also re- quested that tae Police Department enforce regulations pertaining to vehicular traffic giving right of way to pedestrians i_t crosswal1c5 and discourag,e jaywalking by forcing pedestrians to use crossw=alks. The Council directed the staff to make a study of zue pedestrians problems within the three block area on South School Street. F J?;^,S 70:-. A letter was received Prot:-: toe State DeL-artrnent of LAKE PARK Parks and Recreation stating the City's t_ ;plication for E_XPANSiON financial assistance it funding the Lodi L;_ae Acquisition_ Project had been selected by the Mate anci would be recommended to t. -e Bureau of Outdoor Recreation for funding under the provisions of the Land and Water Con- servation Fund Act. `✓lay,. Earha:dt stated he had received letters from tike Ciries of Bell Gardens, _Monrovia, Madera, Los A K:.O'•'• _c D.;, D Angeles and Fontana ackriowled ;ink receipt of the two drug abuse ordiriar_ces recently adopted by the City Council, REP .'.._, Mr. Riney Berder, 729 South Pleasant Avenue, RA%CT quest'cned the status of proposed Rifle Range. Tre City 'aanaser said the staff was working out the details for tt.z operation of the proposed range and a recornmendation sho%ild be ready for the Council meeting on November 1. R. : ORTS OF THE CITY t ANAGER in the arzount of S,337,284.21 Aere approved on ..._ .: n o. Coun,;:!man Shaffer, Pinkerton second, -3- 76 i..i.. ,..JS 1^, 1972, �J^..__..:ed NO PARK=-N;C - Or_ r:eti ___...._i.'_rna^_ Ka:zi_ S:_-iaffe- second, thF C; --v G _. .,.. aut�).:; ized :-.nn, r-,atlon cf the veliow YELLOa' ZONE - .:a_.ne ao__e -.;.de o`_ Church Stze. — n,.ar C14 RCH ST. aedhar: Sc..o and adcpted. f-soiuticn Nc. 3e_s3 s.a lishi^o a "N., Pa -_.in,," . _n. .;n thy: __. and RES. NO. 3683 :es,, sides pf t:.sur.,-_. S:.cet ._,ar ireedharn "Loos. SPECS - On mct:on of Councilman ~chaffer, Katnich second, TRANSFORMERS thf Council app_o-.•ed specifications for 1? and, 6. 9-.v pad-n:_u nt. d t_arsio_..:ers and author_ --e,! advertising for tic's HOURS - Ait-, some discuaslo^, ,,n mcticn of Council:r:an SANITARY P,atn'.ch, S--ha--Her =ecc :d, zhe Council adopted LANDFILL Re_oiuticn 1,63c stating the hours the waste disposal grcuads at the Harney Lare Sanitary RES. NO. 3686 Landfill will to open are 8:00 A. M. to -=:30 P. -2d. daily, on such holL3ays as may be di SLgnated by the City ^:lana;er.'Orhe Council's intent was to establish the hours during the period when Pacific Standard Time is in effect; the Council will review thi PURCHASE City Manager Claves recd.^::mended the Coun;.il policy when PROP. FROM anti:oriae purchaset of two smai.l parcels of land Daylight Sav_ STATE adjacant tc the City prop -arty at White Slough Time goes Water Poliuti,:n Cone:ol property. He said the into effect. RES. NO. 3687 property is prE_s.ntly owned by the State and wUi S RES. NO. 3688 rernain vithLn t o incercnange cor_fig_.ration aster Interstate ; is cpr_structed. He explained the pur- ppae for the Ciky's purchase of tris property would be to prose .h_ City's adia -pat property a _d to be a;le ..n, con..r,;. its usage. Or, motion of Council -:an Scha_:ez, tiu-Iles second, sire Council adoptees Resolut;un No. 3c87 from the State D'viston ,;f filth ✓a v; a 0, 3t+ --c re par-ei --n :1e eas' side o` laterstate 3 Frer-wa,: adja_ezt to City proper-,; purchase prLG= :_ 63 3170. Tha Cour-..1, t:.ec, on .n,}._cn __ Councilman. Pinkerton, l7!:ghcs-_c:nd, =_d--pt_,l R+, olainn tio. 3663 ac, ep.;ng -roni the Star DLvtsiJr• of Higaways a G. �3-ars _ Darce! cr, the ,. ___ side of Tnttrstace freeway adjacent City ?rope-ty; purchase pr.,:e to be SLOC. ENVIRONMENTAL City Manage. Clave... r,e ,,.ed to the Council .:zt .he 11�IPACT REPORTS Planning ,tails .,_thin e Gaunty had prepares a GUIDELINES Lt\ES set o: g i.dE.l_n.s ..,. En ironmer_cal Impact 2,eports ADOPTED and a cJpy haci 'o •rn oc•Jarded to each Coun.:1:^pan prior to the rr.c•:t_a_J. _... City Manager recoai n!e.lded RES. ivO. 3689 ttie acloptio:. p .d..ral guidelines as a _.?ears o: providi:n•� p.:ii -.> ;•lirle the Cay sta':i in processing the reques_srange of pernit., issued by t Cay and .,_._zii are aEie.:ted by the %Ionu Court decision. Plana.ug Di.. Seer- : -.1c ' «., reviewed `1:e uide- li_.,:s sa., as the sta.Ef ,:rks alter d 1i._s, p.rcbably be necessary to Minutes of October 25, 1972, continued After some discussion, Councilman Schaffer moved adoption of Resolution No. 3689 adopting the Environ- mental Impact Reports - Procedural Guidelines, dated October 25, 1972. The motion was seconded by Councilman Katnich and carried by unanimous vote. RESCIND On motion of Councilman Pinkerton, Schaffer second, BLDG PERMIT the Council then rescinded its action of October 4, MORATORIUM 1972, in which it directed the City Manager to declare a 30 -day moratorium on the issuance of Building Permits and approval of Final Subdivision Maps. A\iE ND ELECTRIC On motion of Councilman Hughes, Schaffer second, SCHEDULE II the City Council introduced Ordinance No. 988 amending Ordinance No. 781 and thereby amending ORD. ti0. 988 Electric Schedule II. INTRODUCED TOPICS MAST=ER The City Council, on motion of Councilman Schaffer, AGREEMENT Katnich second, approved a master agreement APPRCVED between the City of Lodi and the State Division of Highways for expenditure of funds under the TOPICS RES. NO. 3690 program and adopted Resolution No. 3690 authorizing the City Manager to execute the same on behalf of the City. TOPICS On motion of Councilman Schaffer, Katnich second, STUDY REPORT the Council authorized the submission of a project PINE & HUTCHINS report of Project 3A of the TOPICS Study Report to STREETS the Division of Highways. TOPICS R/W On motion of Councilman Hughes, Schaffer second, CERTIFICATE; the Council adopted Resolution No. 3691 authorizing the INCREASE issuance of the right of way certificate for Project 3A RES. NO. 3691 of the TOPICS Study Report (traffic signal at the in- tersection of Lockeford Street and Church Street) to the Division of Highways. TOPICS - On motion of Councilman Schaffer, Katnich second, ENVIRONMENT the Council authorized the issuance of an environ - STATEMENT mental statement for Project 3A of the TOPICS Study Report. ESTAB. On motion of Councilman Katnich, Schaffer 4 -WAY STOP - second, the City Council adopted Resolution PINE & HUTCHINS No. 3692 establishing a 4 -way stop at the in - STREETS section of Pine and Hutchins Streets. RES. NO. 3692 PC,3cE RATE City Manager Glaves reported briefly on a meeting INCREASE he attended in Anaheim with member cities of the Northern California Power Agency concerning the Pacific Gas and Electric Company's request for a rate increase of 22'oi^ wholesale electric rates. He said the City's share of costs involved in opposing the rate increase would be S2, 511. 60 and he recom- mended the City Council authorize expenditure of -5- Minutes of October 25, 1972, continued this amount. On motion of Councilman Katnich, Schaffer second, the Council approved expenditure of $2, = 11. 60 for the City's participation in opposing the above proposed rate increase. WELL SITE 17 City Manager Glaves presented a deed and agreement between the City of Lodi and John F. and Arvella Y. Capell and Chris R. and LaVeta Keszler for the pur- chase by the City of Well Site 17. The agreement provided for a total purchase price of $1, 585.00. The agreement also provided that the City will con- struct, at its own expense, any curb, gutter, sidewalk, driveways and street paving. On motion of Councilman Schaffer, Hughes second, the Council approved purchase of the well site as recommended and authorized the City Manager to execute the agreement on behalf of the City. TURNAGE The City Manager stated he had been negotiating with MARKET the partnership interested in leasing the Turnage LEASE Market building. He said an agreement had been reached and he recommended approval of it. On motion of Cowicilman Schaffer, Katnich second, the Council authorized the City Manager to negotiate and sign the lease agreement for the lease of the Turnage Market. REMODELING Councilman Schaffer said the City Council was con - CITY HALL cerned with improving the efficiency of City Hall and he recommended an architect be employed to prepare plans for the remodeling of the upstairs portion. He then moved that Mr. Arlie Preszler, architect, be retained to prepare plans for the Council's consider- ation as soon as possible. The motion was seconded by Councilman. Katnich and carried by unanimous vote. ORDINANCES DAY CARE ORDIN_1NCE NO. 985, entitled, "AN ORDINANCE HOMES AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF LODI THEREBY PERMITTING 24-HOUR ORD. NO. 985 FOSTER CARE HOMES AND FAMILY DAY CARE ADOPTED HOMES AS DEFINED BY THE SAN JOAQUIN COUNTY DEPARTMENT OF ASSISTANCE IN THE R-1, R-2, AND R -LD DISTRICTS, " having been introduced at a regular meeting on October 1, 1972, was brought up for passage on motion of Councilman Katnich, Hughes 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 - HUGHES, KATNICH, PINKERTON, SCHAFFER and EHRHARDT Noes: Councilmen - None Absent. Councilmen - None M Minutes of October 25, 1972, continued CENTURY ORDINANCE NO. 986, entitled, "AN ORDINANCE ARMS, INC. - AMENDING THE OFFICIAL DISTRICT MAP OF PD -4 THE CITY OF LODI BY AMENDING ORDINANCE NO. 938 BY INCREASING THE DENSITY OF PARCEL ORD. NO. 986 G- 1 OF ENGLISH OAKS MANOR LOCATED `VITHIN ADOPTED PLANNED DEVELOPMENT DISTRICT NO. 4 (PD -4), " having been introduced at a regular meeting on October 4, 1972, was brought up for passage on motion of Councilman Schaffer, 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 - HUGHES, KATNICH, PINKERTON, SCHAF FER and EHRHARDT Noes: Councilmen - None Absent: Councilmen - None SANITARY At its meeting of October 4, 1972, the City Council LANDFILL introduced Ordinance No. 987 amending Section 11- 12 FEES of the Lodi City Code by establishing fees to be paid by all users of the Harney Lane Sanitary Landfill and ORD. NO. 987 amending the basic rate. City Attorney Mullen reported he had apprised the County Counsel's office of the Council's action prior to this meeting. He said he had, on this date, received correspondence from Mr. Cheadle of the County Counsel's office requesting that the Council delay action o*: adoption of the proposed ordinance for one week. cie said the County had requested that Mr. Cheadle, Co=ty Administrator L. Drake, City Manager Henry Glaves, and City Attorney Robert Mullen meet together to try to reach an agreement within the terms of the present agreement prior to the Council meeting next week. After discussion by the Council, Councilman Schaffer moved action on the adoption of Ordinance No. 987 be deferred until the next regular meeting of the Council on November 1, 1972. The motion was seconded by Councilman Hughes, and carried with Councilman Katnich voting no. EXECUTIVE At approximately 10:20 P.,�l. the Council adjourned to SESSION - an Executive Session. The Council reconvened at i0:35 P. M. ADJOURNMENT There being no farther business, the meeting was adjourned at 10:35 P. M. Attest: BE�-SIE INN'E TT C.rty Clerk -7- 79