HomeMy WebLinkAboutMinutes - November 3, 1976Ta
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
NOVEMBER 3, 1976
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p. m. , Wednesday, Novem'ger 3, 1976 in the City
Hall Council Chambers.
ROLL CALL Present: Councilmen - EHRHARDT. KATNICH,
KAT ZAKIAN ,
PINKERTON and HUGHES
(Mayor)
Absent: Councilmen - None
Also Present: City :Manager Glaves, Assistant
City Manager Glenn, Public Works Director
Ronsko, Community Development Director
Schroeder, City Attorney Mullen(arrived 8:02 p. m. )
and City Clerk Reimche
INVOCATION The invocation was given by Reverend Vernon
Robertson, Grace Presbyterian Church.
PLEDGE iitayor Hughes led the Pledge of Allegiance to the
flag.
FLORA ST. ST. Notice thereof having been mailed to the property
LT. DISTRICT owners and also published and posted in accordance
A5$ESSMENT with law•, Mayor Hughes called for the public hearing
CONFIRMED on the assessment for the Flora Street Street Light-
ing District.
RES. NO. 4272
Questions regarding the amount of the assessments
in said district were raised by Mr. Rudolph E. Lux,
225 Flora Street, Lodi,
Mr. W. G. Koehler, 900 Tara Place, Lodi, who
owns the parcel in this street light district located
at 417 S. Washington Street asked if it would be
possible for larger lamps to be installed in the
light standards. Mr. Koehler also complained that
I e felt unnecessary damage had been done by the
contractor during the construction of the light
standards and also that the reseeding of lawn in the
area had not been done properly.
Questions regarding Mr. Koehler's complaints were
directed by Council to the Staff. Discussion followed
with Council requesting that Staff provide Council
with a report on Mr. Koehler's complaints of poor
workmanship, and lack of lighting on this project.
There were no other persons in the audience wishing
to speak on the matter and the public portion of the
hearing was closed.
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Minutes of November 3, 1976, continued
FLORA ST. ST.
LT. DISTRICT
ASSESSMENT On motion of Councilman Katnich, Katzakian
CONFIRMED second, the City Council adopted Resolution
No. 4272 confirming the assessment for the
RES. NO. 4272 Flora Street Street Lighting District.
(Continued)
PLANNING
The City Manager gave the following report of the
COMMISSION
Planning Commission meeting of October 25,
LISHMENT OF A
1976:
ITEMS OF
The Planning Commission -
INTEREST
in part as follows:
CON'T'ROL & WATER
1. Determined that a hardship did not exist and
CONSF,RuATION
denied the request of Mr. A. F. Gooder for a
DISTRICT
Variance to reduce the required driveway length
a,
from 20 feet to 15 feet to permit the addition of a
second unit to an existing single-family dwelling
on a corner lot at 1320 South Crescent Avenue in
an area zoned R-2, Single -Family Residential.
2, Determined that the City's present require-
ments which restrict commercial amusement
enterprises to the C-2, Commercial District
was adequate and in line with the practice in other
cities.
3. Approved the by-laws and Articles of
Incorporation of the Rivergate Mokelumne
Owners' Association with the condition that they
be modified to include the comments of the City
Attorney and State Department of Fish and Game.
4. Received the Final Report on the Mokelumne
River Study and set public hearings ( 1) to amend
the F -P, Floodplain District to conform with the
Open Space -Conservation Element of the General
Plan and (2) to consider recommending means of
controlling the speed of motor boats in the
Mokelumne River adjacent to the City Limits.
REQUEST TO
City Manager Glaves apprised the Council that the
SUPPORT ESTAB-
Board of Directors of the East San Joaquin Water
LISHMENT OF A
Users Association had directed 4 letter to the San
ZONE UNDER S. J.
Joaquin County Board of Supervlso;s which reads
CO. FLOOD
in part as follows:
CON'T'ROL & WATER
CONSF,RuATION
"It is the opinion of the Board of Directors of our
DISTRICT
Association that there should be a comprehensive
a,
study of how Folsom South Water can best be put
to use in eastern San Joaquin County and how the
cost can best be apportioned, At this time a
committee of our Association is developing the
scope and terms of the study and how the study
may best be undertaken and we expect in due
course to make recommendations to you as to those
matters. Meanwhile, we feel that it is important
that a vehicle be established to permit financing
-2-
75
-3-
Minutes of November 3, 1976, continued
REQUEST TO
of the study. In reviewing possibilities, our
SUPPORT ESTAB-
Association} has concluded that the best method
LISIJMENT OF A
of fairly financing such a study which would
ZON& UNDER St J.
encompass existing Districts and the unorganized
COtFLOODCONTROL
territory within the Folsom South service area,
& WATER
would be by creation of a Water Conservation Zone
CONSERVATION
under the San Joaquin County Flood Control and
DISTRICT
Water Conservation District."
(Continued)
r. A)
The letter goes on to say that they feel it is
important that the zone be established during this
calendar year.
Councilman Pinkerton stated that he doesn't feel
"we" should put out any more money for some-
thing "we" are already paying for.
A lengthy discussion followed on the matter and
of the point raised by Councilman Pinkerton.
At the Mayor's suggestion, it was requested that
Mr. Stewart Adams of the North San Joaquin Water
Conservation District be contacted to ask that a
representative of that Association address the
Council with an update of the matter In general and
to answer Council's questions regarding the subject.
A LETTER OF
Mayor Hughes presented a letter which he had
APPRECIATION
received from Mr, Charles R, Duncan, an
RECD FOR
instructor for Deuel Vocational Institution in which
COUNCILMAN
Mr. Duncan expressed his appreciation for all of
PINKERTON
the assistance that Councilman Pinkerton has given
to his class and to him in allowing there to view his
foundry operations. Mr. Duncan stated that he
certainly feels that Councilman Pinkerton has
exceeded his civic duties in extending courtesies to
the Deuel Vocational Institute.
COMPLAINT RE
Mayor Hughes stated that a letter had appeared in
ALLEY INTERSEC.
the Lodi News Sentinel November 3, 1976 edition
TION BET WEEN
in the "Letters to the Editor', The letter was
MAIN AND
from a Kathy Knutsen who complained that she had
STOCKTON
written to the paper several months before concern-
ing an alley intersection between Main and Stockton
Street. Following Council inquiry, Staff indicated
that the City had not received a letter from leis.
Knutsen on the matter. Mayor Hughes asked that '
Staff investigate the matter to see if in fact there had
been any accidents at that location 4nd to see if there
is anything that can be done about the situation.
SWEEPING
City Manager Glaves reported that the State Director
REVISIONS TO
of Housing and Community Development has proposed
HOUSING ELEMENT
to adopt regulations governing the preparation and
GUIDELINES PRO,
administration of local housing elements, which would
POSED BY STATE
replace present state housing element guidelines
DIRECTOR OF
adopted in 197 1. Initial city review of this document
HOUSING &
indicates major negative reaction to it on the part of
COMMUNITY
reviewing officials. The League of California Cities
DFVELOPIVIENT
has reported that initial gomments have indicated
that this document is, in effect, a state mandate
under which the local housing element would become
the tail wagging the body of the local planning process.
-3-
76
Extensive requirements for cities to develop a
local housing data base with detailed provisions for
what must be included in that data base and how it
would have to be used locally.
A requirement, consisting of numerous and detailed
state -imposed mandates that each city must ". , .
alleviate identified need ... and remedy the housing
problem. " (No partnership role or responsibility of
federal or state government is included. )
A mandate that cities give "maximum feasible
priority" to "low -or moderate -income families, "
regardless of where the actual (as distinct from
state perceived) housing needs of the city lie.
Extensive and detailed mandates for the contents
and use of not only the local housing element but
also the local land use element, and a specific re-
quirement that all general plan elements must be
consistent with the housing element.
Extensive and specific requirements for new local
devices for "community involvement" which do not
recognize existing local public participation mechan-
isms and which, among other things, require forma-
tion of a new and on-going "citizens committee" to
prepare the local housing element. (The relationship
of this committee to existing local planning and
housing advisory bodies is not discussed. )
A mandate for review, evaluation and monitoring of
all local housing elements by the State Department
of Housing and Community Development.
A specific disclaimer against state reimbursement
for new local cost mandates imposed by the guidelines.
-4-
Minutes of November 3, 1976, continued
REVISIONS TO
HOUSING ELEMENT
The document according to the League assumes
GUIDF,LINES
legal authority on the part of the Director to
PROPOSED
mandate major staff, fiscal, and process re -
(Continued)
quirements on cities not presently found in
statutes, and to impose those regulations without
any responsibility for local cost reimbursement
by the state.
Among the major problem areas preliminarily
identified are the following:
A requirement that cities must assume responsi-
bility for "making adequate provision" for housing
needs not only in their city but also of the "market
area population."
Authorization for the State Director of Housing and
Community Development to prepare (or delegate
the preparation of) a "fair share allocation plan"
that would allocate to each city a "fair share" of
the "regional low -and moderate -income housing
need. "
Extensive requirements for cities to develop a
local housing data base with detailed provisions for
what must be included in that data base and how it
would have to be used locally.
A requirement, consisting of numerous and detailed
state -imposed mandates that each city must ". , .
alleviate identified need ... and remedy the housing
problem. " (No partnership role or responsibility of
federal or state government is included. )
A mandate that cities give "maximum feasible
priority" to "low -or moderate -income families, "
regardless of where the actual (as distinct from
state perceived) housing needs of the city lie.
Extensive and detailed mandates for the contents
and use of not only the local housing element but
also the local land use element, and a specific re-
quirement that all general plan elements must be
consistent with the housing element.
Extensive and specific requirements for new local
devices for "community involvement" which do not
recognize existing local public participation mechan-
isms and which, among other things, require forma-
tion of a new and on-going "citizens committee" to
prepare the local housing element. (The relationship
of this committee to existing local planning and
housing advisory bodies is not discussed. )
A mandate for review, evaluation and monitoring of
all local housing elements by the State Department
of Housing and Community Development.
A specific disclaimer against state reimbursement
for new local cost mandates imposed by the guidelines.
-4-
77
1. Attendance at and participation in the November 5
and 8 hearings.
Z. Communication of your individual city response
not only to the Director of HCD but directly to the
Governor as well.
3. A briefing of your state legislative delegation and
local media on the impact of this proposal on your
local planning, housing and fiscal processes and
programs.
4. An analysis of the local cost impact of the proposals.
Lengthy discussion followed with questions regarding
the matter being directed to the Staff.
Community Development Director Schroeder re-
ported that a letter had been sent to Mr. Arnold
Sternberg, Director of the Department of Housing
and Community Development informing him of the
City of Lodi's intention to give testimony at the Nov-
ember 8 hearing in San Francisco. Both Mayor
Hughes and Community Development Director
Schroeder indicated they are planning to attend this
hearing. The letter to Mr. Sternberg also related
that the City of Lodi feels that the proposed revisions
assume legal authority on the part of Mr. Sternberg's
department to mandate major staff, fiscal and process
requirements on cities not presently found in the
statutes and to impose those regulations without any
responsibility for local cost reimbursement by the
State.
CALIF. TAX REFORNL Council was apprised by Mayor Hughes of a
SEMINAR TO BE HELD California Tax Reform Seminar to be held December 8
and 9 in Sacramento.
CONSENT CALENDAR In accordance with the report and recommendation of
the City Manager, the following actions hereby set
forth between asterisks , on motion of Councilman
Pinkerton, Katnich second, were approved by the
Council.
-5-
Minutes of November 3, 1976, continued
REVISIONS TO
Council w•as apprised that hearings on the pro -
HOUSING ELEMENT
posed revised guidelines are set for November 5
GUIDELINES
in Los Angeles and for November 8 in San
PROPOSED
Francisco.
(Continued)
The League of California Cities urges that be-
cause of the extremely short time afforded for
review and comment on this document, and
because of the major social and economic impact
that it may have on every city, it is urgent that
this document be fully responded to by as many
cities as possible and suggested that such response
may take one or all of the following forms:
1. Attendance at and participation in the November 5
and 8 hearings.
Z. Communication of your individual city response
not only to the Director of HCD but directly to the
Governor as well.
3. A briefing of your state legislative delegation and
local media on the impact of this proposal on your
local planning, housing and fiscal processes and
programs.
4. An analysis of the local cost impact of the proposals.
Lengthy discussion followed with questions regarding
the matter being directed to the Staff.
Community Development Director Schroeder re-
ported that a letter had been sent to Mr. Arnold
Sternberg, Director of the Department of Housing
and Community Development informing him of the
City of Lodi's intention to give testimony at the Nov-
ember 8 hearing in San Francisco. Both Mayor
Hughes and Community Development Director
Schroeder indicated they are planning to attend this
hearing. The letter to Mr. Sternberg also related
that the City of Lodi feels that the proposed revisions
assume legal authority on the part of Mr. Sternberg's
department to mandate major staff, fiscal and process
requirements on cities not presently found in the
statutes and to impose those regulations without any
responsibility for local cost reimbursement by the
State.
CALIF. TAX REFORNL Council was apprised by Mayor Hughes of a
SEMINAR TO BE HELD California Tax Reform Seminar to be held December 8
and 9 in Sacramento.
CONSENT CALENDAR In accordance with the report and recommendation of
the City Manager, the following actions hereby set
forth between asterisks , on motion of Councilman
Pinkerton, Katnich second, were approved by the
Council.
-5-
78
Minutes of November 3, 1976, continued
CLAI.MS
CLAIMS WERE APPROVED IN THE AMOUNT
OF $363, 184.03.
AWARD - CONTRACT
Per report of the City Manager, bids were
FOR "TRUCK
received for a "Truck Mounted Sewer Line
MOUNTED SEWER LINT.
Catch Basin Cleaner" as follows:
CATCH BASIN CLEANER
BIDDER AMOUNT
RES. NO. 4273
Interstate International, Inc. $76,796.25
;l
-
Heil Equipment Co. $78,666.58
Geweke Ford $79,677.39
Report and recommendation of the City
Manager indicated that the award be made to the
low bidder, Interstate International, Inc. in the
amount of $76, 796.25.
RESOLUTION NO. 4273
RESOLUTION AWARDING THE CONTRACT FOR
A "TRUCK MOUNTED SEWER LINE CATCH
BASIN CLEANER" TO INTERSTATE
INTERNATIONAL, INC., THE LOW BIDDER, IN
THE AMOUNT OF $76,796.25.
"NO PARKING" ZONE
City Manager Glaves reported that motorists
ESTABLISHED NORTH
traveling south on Fairmont Avenue and attempting
SIDE OF KETTL&MAN,
to turn left onto Kettleman Lane have complained
EAST OF FAIRMONT
that parked vehicles near the intersection obstruct
their view of Kettleman bane traffic. The City
RES. NO. 4274
Manager recommended that Council adopt a
_
resolution establishing a "No Parking" zone on the
north side of Kettleman Lane east of Fairmont
Avenue.
RESOLUTION NO. 4274
RESOLUTION ESTABLISHING A "NO PARKING"
ZONE ON THE NORTH SIDE OF KETTLEMAN
LANE EAST OF FAIRMONT AVENUE.
RES. ESTABLISHING A
Council was apprised by the City Manager that
"NO PARKING" ZONE
officials at General Mills have received complaints
ON WEST SIDE OF
from a number of their employees that when
MILLS AVENUE NEAR
vehicles (especially large trucks), park immediately
LAKE STREET
north of the driveway, their view of southbound
traffic on Mills Avenue is obstructed. The City
RES. NO. 4475
Manager recommended that Council adopt a resolu-
tion establishing a "No Parking" zone on the west
side of Mills Avenue near Lake Street.
RESOLUTION NO. 4275
RESOLUTION ESTABLISHING A "NO PARKING"
ZONE ON THE WEST -SIDE OF MILLS AVENUE
NEAR LAKE STREET.
-6-
7q
Minutes of November 3, 1976, continued
R/W CERTIFICATE
City Manager Glaves proposed Council adoption
FOR LODI AVE, FROM
of a resolution authorizing the Mayor to execute
W. I. D. TO CABRILLO
the Right-of-way Certificate for the "Lodi Avenue
CIRCLE APPROVED
Street Improvements, W.I.D. Canal to Cabrillo
RES. NO. 4277
Circle". Mr. Glaves further advised that this is
RES. NO, 4276
one step in the processing of the "Lodi Avenue
Street Improvements" under the Urban "D" funding
program and essentially states that the right-of-
way is existing and that no additional right-of-way
will be required for the improvement. The State
is asking to hold them harmless for any liability
which may result in the event the right-of-way is
not clear as certified.
RESOLUTION NO. 4276
RESOLUTION APPROVING RIGHT-OF-WAY
CERTIFICATE FOR THE "LODI AVENUE STREET
IMPROVEMENTS, W.I. D. CANAL TO CABRILLO
CIRCLE AND AUTHORIZING THE MAYOR TO
EXECUTE SAME.
t*** ,*****#**, *$k* vitt,=:;:#4********mix**m****; m************mm*** *********
AWARD - STOCKTON The City Manager presented bids which had been
ST. IMPROVEMENTS received for Stockton Street Improvements and
& CENTURY BLVD.
Century Boulevard and Beckman Road Sanitary
AND BECKMAN ROAD
Sewer as follows:
SANITARY SEWER
BIDDER AMOUNT
RES. NO. 4277
r _
Ernest E. Pestana, Incorporated $485,480.00
Telchert Construction Co. $488,789.40
McGaw Company $499,636.5o
Claude C. Wood Co. $506,590.70
McQuire and Hester Co. $510,332.60
W, M. Lyles Company $516,000.00
Western Pipe Lines Company $522,864.6o
M.G.M. Construction Company $541,447.10
City Manager Glaves recommended that the award
be made to Ernest E. Pestana, Incorporated, the _
low bidder, in the amount of $485,480. 00 subject
to approval of the Economic Development Agency.
On motion of Councilman Ehrhardt, Katnich
second, Council adopted Resolution No. 4277 award-
ing the bid for "Stockton Street Improvements and
Century Boulevard and Beckman Road Sanitary
Sewer" (EDA Project) to Ernest E. Pestana,
Incorporated, the low bidder, in the amount of
$485, 480. 00 subject to approval of the Economic
Development Agency.
SPECS FOR COMPACT Specifications for one compact car to replace Car
CAR FOR PUBLIC 58 presently used by the Public Works Project
WORKS APPROVED Officer were presented for Council's approval.
Following discussion, Councilman Katzakian moved
that Council approve the specifications for one com-
pact car for the Public Works Department and
authorize the Purchasing Agent to advertise for bids
thereon, The motion was seconded by Councilman
Ehrhardt and carried by unanimous vote.
-7-
80 Minutes of November 3, 1976, continued
AGREEMENT WITH
Council was apprised by the City Manager that
W. I, D, RE BOA
the Council has previously approved a F. -A. U.
CULVERT AT LODI
project for widening of the box culvert at Lodi
AV9NUE
Avenue and the W.I. D. Canal and the recon-
'
struction of Lodi Avenue between Cabrillo Circle
RF -St NO. 4278
and Westgate Shopping Center. In order to do
this work, it is necessary to enter into an agree-
ment with the Woodbridge Irrigation District
covering the work. In addition to building a new
box culvert, the water line and storm drain are
being relocated and facilities are being installed
for the future installation of telephone and power
lines. The culvert will be widened to provide for
the ultimate street widening. Under the proposed
Agreement, the City will assume full responsi-
bility and cost for construction and maintenance,
holding W.I.D. free and harmless of liability and
providing them with certain liability insurance.
On motion of Councilman Ehrhardt, Katnich
second, Council adopted Resolution No. 4278
approving an agreement between the City of Lodi
and the Woodbridge Irrigation District thereby
granting the City of Lodi permission for a vehicu-
lar and pedestrian crossing at Lodi Avenue of a
canal under the jurisdiction of W.I.D., together
with water, storm and electric lines at a specified
location of the south branch of the main canal, and
authorized the Mayor to execute the agreement.
City Manager Glaves requested Council approval
APPROVAL OF of the final map, the improvement plans and the
SUNWEST, UNIT improvement securities for Sunwest, Unit No. 2 j
NO, 2 advising that this is a subdivision of approximately
1Z. 3 acres lying west of Sunwest, Unit No. 1
between Cochran Road and Vine Street. The
developers, Chris R. Keszler and George E.
Ferrero, have completed all of the requirements
specified by the Planning Commission in the
approval of the tentative map. The subdivision is
zoned R- 1 and contains 48 single-family lots. The
tentative map was renewed on August 23, 1976.
The tentative map was originally approved prior to
the sanitary sewer problems developing at the White
Slough Water Pollution Control Plant and, as such,
is acceptable to the Public Works Department.
Council was advised that the City of Lodi has no
further need for property in this area which had
been conveyed to the City by John F. Capell, et al
for use as a storm drainage pond and for surface
water drainage. City Manager Glaves requested
Council's authorization for the Mayor and City Clerk
to execute a Quitclaim Deed from the City to j
John F. Capell, et al so that the City will no longer 11
have any interest in this property.
Discussion followed with questions regarding the
matter being directed.to Staff by the Council.
11-19
Minutes of November 3, 1976, continued
APPROVA14 OF On motion of Counc-' man Katnich, Ehrhardt
SUNWI� ST, UNIT second, Council approved the final map, the
NO. 2 (Continued) improvement plans and the improvement
securities for Sunwest, Unit No. 2, and directed
the City Manager to sign the Subdivision Agree-
ment, the Electrical Utility Agreement, the
Sanitary Sewer Extension Reimbursement
Agreement, and the Water Extension Reimburse-
ment Agreement.
QUITCLAIM DEED BY
On motion of Councilman Katnich, Pinkerton
CITY APPRVD FOR
second, Council adopted Resolution No. 4279
CAPELL STORM
authorizing the Mayor and City Clerk to execute
DRAINAGE POND
a Quitclaim Deed from the City of Lodi to
RES, NO. 4280
John F. Capell et al so that the City of Lodi will
RfS. NO. 4279
no longer have any interest in the property used
--
as a storm drainage pond and for surface water
drainage as described by City Manager Glaves.
AGREEMENT & LEASE City Manager Glaves presented for Council
ON VAN RUITEN PAR- approval an Agreement between the City of Lodi
GEL ADJACZNT TO
and Mr. Bert Van Ruiten covering the City's
W. S. W? P. C, P.
acquisition from Mr. Van Ruiten of a 234. 7 acre
APPROVED
parcel adjacent to the White Slough Water
Pollution Control Plant. A lease agreement where -
RES, NO. 4280
by the City is leasing the parcel back to Mr. Van
i
Ruiten for a 5 -year period with an option to renew
the lease after that period was also presented for
Council approval by the City Manager. Conditions
of the Agreement and the Lease were outlined by
Staff, with questions regarding the matter being
posed by the Council.
Following discussion, on motion of Councilman
Katnich, Pinkerton second, Council adopted
Resolution No. 4280 approving Agreement be-
tween the City of Lodi and Mr. Bert Van Ruiten
covering the City's acquisition from Mr. Van
Ruiten of a 234. 7 acre parcel adjacent to the White
Slough Water Pollution Control Plant and also
approving a Lease between the City and Mr. Van
Ruiten whereby the City is leasing this parcel to
Mr. Van Ruiten for a period of 5 years with an
option to renew the lease after that period.
EXECUTIVE SESSION The City Council recessed at 9:30 p.m. to
Executive Session to discuss the City's bargaining
posture regarding the conversion from Social
Security to the Public Employees Retirement System.
Upon request, the City Clerk was excused from
attending the Executive Session by Mayor Hughes.
Council reconvened from the Executive Session at
10:50 p. m.
ADJOURNMENT There being no further business to come before
the Council, Mayor Hughes adjourned the meeting
at approximately 10:51 p.m.
L�I.Zti. �it� �,�;
Attest: ALICE M. REI1MHE
City Clerk