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HomeMy WebLinkAboutMinutes - September 1, 19718©-17 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS SEPTEMBER 1, 1971 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, September 1, 1971 in the City Hall Council Chambers. ROLL CALL Present; Councilmen - EHRHARDT, HUGHES, KIRSTEN, SCHAFFER and KATNICH (Mayor) Absent: Councilmen - None Also present: City Manager Glaves, City Attorney Mullen, Public Works Director Jones and Assistant Planner Avey. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Schaffer, Ehrhardt second, the Minutes of August 18, 1971 were approved as written and mailed. PUBLIC HEARINGS APPEAL - Mayor Katnich stated the public hearing on E. STAFFORD the appeal of Mrs. Edna Stafford of the DENIED Planning Commission's decision in denying her request for a change.in zoning from the R-2, Single -Family Residential District to the R -MD, Residential -Medium Density District for Lot 24 (except the south 3 feet), Lakeside Park had been continued from the meeting of August 18, and he called for continuation of the hearing. City Attorney Mullen explained that since Mrs. Stafford was not actually seeking rezoning of her property, but rather some relief whereby she could convert her home to a dual occupancy, it would not be necessary to continue with the public hearing. City Manager Glaves read a policy statement that had been drafted by the Planning Depart- ment and the City Attorney which would provide for dual occupancy in R-1 and R-2 Districts. He indicated that strict enforcement of such a policy would be difficult. City Attorney Mullen pointed out that the proposed policy was designed to give relief to persons in residential districts and it was not the City's intent to adopt the policy specifically to solve Mrs. Stafford's problem. After Council discussion, Council- man Schaffer moyed the appeal of Mrs. Stafford for a change in zoning for property located at 819 James Street be denied. The motion was seconded by Councilman Hughes and carried by unanimous vote. -I- a Minutes of September 1, 1971 continued POLICY RE On motion of Councilman Schaffer, Hughes SINGLE-FAMILY second, the Council then adopted the following RESIDENCES general policy regarding the installation of ADOPTED kitchen facilities in single-family residences: "A second cooking stove will be permitted within the same dwelling in the R- I and R-2 Districts when the following conditions are met: "(a) No wall or other barrier shall be con- structed which will prevent access from one portion of the premises to another. Mr. Avey presented a drawing of the area proposed for prezoning and gave a background of the request. The following persons spoke in favor of the prezoning: Mr. Victor Meyer, 41 South Sacramento Street. Mr. Jim Gerard, 106 South Orange Avenue, representing the applicant, Mrs. Tindell, and Genie Land Company. Speaking in opposition to the request was Mrs. Darren Kraemer, 2131 West Elm Street. There being no other persons in the audience wishing to be heard on the matter, the public portion of the hearing was closed. After Council consideration, Councilman Kirsten moved introduction of Ordinance No. -2- "(b) No money or other thing of value shall be charged to any occupant for the use of the premises. " TINDELL Notice thereof having been published in accord- PREZONING ante with law, Mayor Katnich called for the REQUEST public hearing on the recommendation of the Planning Commission to approve the request ORD. NO. 961 of Mrs. R. M. Tindell, c/o Genie Land INTRODUCED Company, for the prezoning from the I -PA, Interim -Protective Agricultural District to Planned Development No. 6 (P -D(6)) for property bounded by the future extension of West Elm Street on the north; the Elmhaven Subdivision on the east, the Allen Manor Subdivision on the south; and Lower Sacramento Road on the west, excepting those two approxi- mately one -acre parcels located at 40 and 60 North Lower Sacramento Road. Mr. Avey presented a drawing of the area proposed for prezoning and gave a background of the request. The following persons spoke in favor of the prezoning: Mr. Victor Meyer, 41 South Sacramento Street. Mr. Jim Gerard, 106 South Orange Avenue, representing the applicant, Mrs. Tindell, and Genie Land Company. Speaking in opposition to the request was Mrs. Darren Kraemer, 2131 West Elm Street. There being no other persons in the audience wishing to be heard on the matter, the public portion of the hearing was closed. After Council consideration, Councilman Kirsten moved introduction of Ordinance No. -2- Minutes of September 1, 1971 continued 961 prezoning to Planned Development No. 6 the above described property. The motion was seconded by Councilman Schaffer and carried by unanimous vote. PD#1 - LAND Notice thereof having been published in USE CHANGE accordance with law, Mayor Katnich called for the public hearing on the recommendation ORD. NO. 962 of the Planning Commission to approve the INTRODUCED request of Mr. John Capell for a land use change for a portion of P -D(1), Planned Development No. 1, located at the southeast corner of West Turner Road and Lower Sacramento Road. Mr. Avey presented a drawing of the property proposed for land use change. He explained that the development is located on the west side of Rutledge Drive adjacent to the Westlake Subdivision Unit No. 2 and the request is for a change in land use by substituting eight duplex lots on a public street for the previously - approved apartment use at 15 units per acre. Mr. Victor Meyer, 41 South Sacramento Street, spoke in favor of the request. There being no others in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Councilman Schaffer, Kirsten second, the City Council then introduced Ordinance No. 962 approving the requested land use change for Planned -Development No. 1. COMMUNICATIONS CVD, LCC Notice was read of the Central Valley Division MEETING League of California Cities dinner meeting to be held in Dos Palos on September 16, 1971. SJ COUNTY A letter was read from Mr. Jed Diamond, DRUG ABUSE Coordinator of the San Joaquin County Drug COMMITTEE Abuse Programs, requesting that a representative of the Lodi area be named to a 15 -member Drug Abuse Advisory Committee. Mayor Katnich sari he wished to name Councilman Ezra Ehrhardt to the committee and requested the City Clerk to notify Mr. Diamond of the appointment. LCC City Manager Glaves discussed appointments COMMITTEES to committees of the League of California Cities for the coming year. -3- Minutes of September 1, 1971 continued REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $274,030.59 were approved on motion of Councilman Hughes, Schaffer second. SANITARY CITY City Manager Glaves read a letter dated DISPOSAL CO. August 9, 1971 signed by Rudolph L. ASSIGNMENT Vaccarezza, co-owner of the Sanitary City Disposal Company. The letter stated that Alfred Barsotti, Mr. Vaccarezza's business partner, was deceased and Mr. Mike Barsotti had been appointed Executor of his estate. The letter explained that an agreement satis- factory to both parties had been reached for purchase of the entire interest by lair. Vaccarezza. At this time Mr. Vaccarezza was requesting Council approval of the assign- ment of the franchise agreement. The letter further stated that Mr. Vaccarezza agreed the purchase price payable by himself to his partner's estate would not be used as a basis for any future request for a rate increase. Mayor Katnich stated he was not familiar with the agreement or the garbage ordinance and he requested the Council to continue the matter to a future meeting so that the Council might have sufficient time to review both documents. The Council agreed with Mayor Katnich. Attorney Richard W. Johnson, 1149 North E1 Dorado Street, Stockton, representing Mr. Vaccarezza, said he would be happy to furnish the Council with whatever additional information it needed. Mr. Johnson did not object to the matter being continued to a future meeting but said he would not want the matter delayed any longer than necessary. When asked by the Council if the Company's current financial statement was available, Mr. Johnson said the March 1970 financial statement was available but the most recent one was not complete. He hoped to have it available before the next meeting of the City Council. The discussion of the assign- ment of the Sanitary City Disposal franchise agreement was then continued to an adjourned meeting on September 8, 1971 on motion of Councilman Schaffer, Ehrhardt second. Attorney Rooert :Mertz, 121 West Pine Street, representing the Estate of Mr. Alfred Barsotti, also agreed to the continuation of the matter and offered to furnish any information he could. -4- 811 Minutes of Sep ember 1, 197 1 continued CHURCH ST. The Cou__ci'• considered the request of Mr. N OF TURNER Victor Mever, representing Mr. Peter Croucher, RENAMED developer of he Lodi Rivergate, Inc., for a change in the name of Church Street extending RES. NO. 3542 north of Turner Road. Mr. Avey explained that the Planning Commission had denied the request on 4-4 vote. The City recommended, to a.,oid confusion, the street name should remain Church Street. After discussion, on motion of Councilman Schaffer, Ehrhardt second, the Council adopted Resolution No. 3542 designating the extension of Church Street north of Turner Road to be Riverview Drive, AWARD - City Manager Glaves presented bids received MUNICIPAL for the Municipal Service Center as follows: SERVICE CENTER Henry Beuving & Son $380,500 Alternate A 36,000 RES. NO. 3543 Alternate B 6, I00 Alternate C 1,200 Modern Engineering & Constr. 386, 100 Alternate A 38,661 Alternate B 7,026 Alternate C 1,255 Roek Construction Co. 388,800 Alternate A 41,200 Alternate B 6,400 Alternate C 1,200 Art Brown Constr. Co. 410,207 Alternate A 39, 598 Alternate B 3, 265 Alternate C 48 Roebbelen Constr. Co. 419,850 Alternate A 37, 500 Alternate B 6,950 Alternate C 1, 165 P. H. Welch Company 427,770 Alternate A 39, I55 Alternate B 5, I74 Alternate C 1, 165 The City Manager recommended the award of the bid be made to Henry Beuving and Son which would include base bid, minus Alternate B and plus Alternate C for a total amount of S375,600, He also re-ommended approval of a suppiemental allocation in the amount of $25,000 to cover the total cost. J12 Minutes of September 1, 1971 continued AWARD - STORM The City Manager presented bids for the DRAINS - MSC Municipal Ser•;ice Center Storm Drains as follows; RES. NO. 3544 William Burkhardt $ 8,434.88 R. C. & E. Co. , Inc. 9,232. 59 Parrish, Inc, 10,520. 00 Teichert Construction 13,868.00 The City Manager recommended the award oe made to the low bidder. On motion of Councilman Schaffer, Ehrhardt second, the City Council adopted Resolution No. 3544 awarding the contract for the Municipal Ser -:ice Center Storm Drains to William Burkhardt for the total amount of the bid. AWARD - SUBD. Bids for Suodiv_sion Paving - 1971 were PAVING - 1971 presented as follows: RES. NO. 3545 Teichert Construction $45,588.00 Claude C. Wood Company 50,579. 10 R. C. 8; E. Co., Inc. 50, 932.80 The City Manager recommended the award be made to the low bidder. On motion of Councilman Kirsten, Schaffer second, the Council adopted Resolution No. 3545 awarding the contract for Subdivision Paving - 1971 to Teirhert Construction for the amount of the bid. AWARD - MISCL. Mr. Giaves presented bids for Miscellaneous STORM DRAINS Storm Drains - 1971 as follows: RES. NO. 3546 William Burkhardt $ 4, 352.78 R. C. & E. Cc., Inc. 4,759.75 Teiclhert Construction 7,900. 00 Parrish; Inc. 8, 631.50 He recommended award be made to the low oidder. On motion of Councilman Schaffer, Ehrhardt second, the Council adopted Resolution No. 3546 awarding the contract for Miscellaneous Storm Drains - 1971 to William Burkhardt for the total amount cf the bid. AWARD - L. SACTO Bids for the Lower Sacramento Road Median RD MEDIAN STRIP Strip - Curb and Gutter were received as follows: RES. NO. 3547 R. C. &. E, Co., Inc. $ 6, 967.85 W-lliam Burkhardt 7, 115.40 Fred Brow -n & Son 8,067.90 Teir_her; Construction 10, 518. 50 -6- 4319 Minutes of September 1, 1971 continued The C_ty Manager recommended the award be made to the lcv; bidder. He also recommended apprc-;al cf a supplemental allocation in the amount cf $ 1700, On motion of Councilman Kirsten, Schaffer second, the Council adopted Resolution No, 3547 awarding the above contract to R. C. & E. Co, , Inc. for the total amount of the bid. The Council then, on motion of Councilman Kirsten, Ehrhardt second, approved a supplemental allocation for the project in the amount of $11-00. SPECS - 15 KV On motion of Councilman Kirsten, Schaffer CABLE second, the Council approved specifications for 15 -KV aluminum cable and authorized advertising for bids thereon, PARKING OR City Manager G_a•:es reported that the City LOADING ZONE staff had investigated the request of Mr. E. LODI AVE. Edward Hyske, owner of property at 502 DENIED and 508 East Lodi Avenue, for a loading or limited time parking zone in front of the building at 508 East Lodi Avenue and had recommended the request be denied. After discussion by the Council, Councilman Kirsten mored the above request be denied without prejudice. The motion was seconded by Councilman Ehrhardt and carried by unanimous -: ote. Councilman Schaffer said other merchants in the 300 and 400 blocks of East Lodi Avenue were interested in some limited parking and suggested the matter be explored. AGREEMENT - The City Manager presented an agreement SHELL OIL CO. between She' -1 Oil Company and the City of RE WELL X12 Lodi fcr Council app -coal. He explained that Shell Oil Company's project of rebuilding their service station at Kettleman Lane and Hutchins Street would result in the need to relocate some of the City's equipment at Well S. --.Ie No. 12 and they had agreed to pay for the relocation work and acquire the necessary property to accommodate the relocation, The City Manager recommended approval of .he agreement.. On motion of Councilman Kirsten, Ehrhardt second, the Council unanimously approved the above agreement v:ith Shell Oil Company and authorized the City Manager to sign said agreement cc behalf of the City. WAGE SCALE - Councilman Kirsten mored adoption of BUILDING AND Resolution No. 3548 adopting prevailing wage CONSTRUCTION rates per d -em •wages as provided by Section 1770 of the StafF Labor Code. The motion RES. NO. 3548 was seconded by Councilman Schaffer and carried by unanimous vote. -AA: Minutes of September 1, 1971 continued EMERGENCY The City vlanager reported that he had EMPLOYMENT submitted an application on behalf of the ACT City for partic_pation in the Federal Emergency Employment Act of 1971. On motion of Councilman Kirsten, Ehrhardt second, the City Council endorsed the City Manager's action, UFW AND City Manager Gla -;es commended the Police GROWERS Department for .he manner in which it RALLIES controlled the traffic attending the United Farm Workers' and the Grape Growers' rallies that were both held on Sunday, August 29, i9' i. He also complimented the above two groups for their cooperation. ORDINANCES SPECIFIC PLAN - ORDINANCE NO. 959, entitled, "AN E. LOCKEFORD ST ORDINANCE ADOPTING A SPECIFIC PLAN FOR EAST LOCKEFORD STREET BETWEEN ORD. NO. 959 NORTH WASHINGTON STREET AND NORTH ADOPTED CHEROKEE LANE," having been introduced at a regular meeting on August 18, 1971 was brought up for passage on motion of Council- man Kirsten, Ehrhardt second. Second reading was omLtted after reading by title and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Kirsten, Schaffer and Katnic h Noes: Councilmen - None Absent Councilmen - None UNSAFE BLDG ORDINANCE NO. 960, entitled, "AN ORDINANCE ORDINANCE ADOPTING A PROCEDURE FOR THE REPAIR, VACATION AND DEMOLITION OF UNSAFE ORD. NO. 960 BUILDINGS,'' having been introduced at a ADOPTED regular meeting on August 18, 1971 was brought up for passage on motion of Council- man Ehrhardt, 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: Aves: Councilmen - Ehrhardt, Hughes, Kirsten, Schaffer and Katnich Noes; Ccuncllmea - None Absent- Councilmen - None -8 315 Minutes of September 1, 1971 continued EHRHARDT Councilman Ehrhardt requested a report REQUESTS from The Mensch concerning use of the REPORTS Maple Square Fire House and a progress report cn the Ham Lane -Turner Road signal light be submitted to the Council at the next regular meeting. WAGE Councilman Schaffer asked what affect the FREEZE President's �rrage freeze would have on salary increases that may be anticipated for the City Manager, City Attorney and City Clerk. City Manager Glaves stated that increases could not be granted at this time. He explained that salary increases subsequent to August 15, 1971 could not be granted. ADJOURNMENT There being no further business, at approxi- mately 10.18 p.m. the meeting was adjourned to Wednesday, September 8, 1971 on motion of Councilman Kirsten, Schaffer second. Attest; Bdssie'i. nn� City Clerk