HomeMy WebLinkAboutMinutes - February 19, 197575
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
FEBRUARY 19, 1975
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p.m. on Wednesday, February 19, 1975, in the City
Hall Council Chambers.
ROLL CALL Present: Councilmen - EHRHARDT, HUGHES,
KATNICH, SC14AFFER
and PINKERTON(Mayor)
Absent: Councilmen - None
Also Present: Assistant City Manager Glenn,
City Attorney Mullen, Planning Director
Schroeder, and Public Works Director Ronsko
INVOCATION
The invocation was given by Councilman
Ehrhardt.
PLEDGE
Mayor Pinkerton led the Pledge of Allegiance
to the flag.
MINUTES
Councilman Schaffer moved the minutes of
February 5, 1975 be approved as written and
mailed. The motion was seconded by Council-
man Ehrhardt and carried.
PROCLAMATIONS
.3' : i
Mayor Pinkerton took the following action:
a. Proclaimed February 23, 1975 as "Rotary
Day".
CAMELLIA FESTIVAL
PRESENTATION
Following a presentation by Mr. G. Wayne
-'
O'Brien in which he outlined the activities
for this year's Camellia Festival to be held
February 28 - March 9, 1975, Royal Court
Hostess Vera Linn_ introduced the Camellia
Festival Royal Court; which presented camellia
plants to the Mayor, Council, staff and members
of the press. Following the presentation of the
camellia plants, Mr. O'Brien extended an invi-
tation to the Community to attend this year's
festival.
PLANNING COMMISSION
_s:
The Assistant City Manager gave the following
report of the Planning Commission meeting of
February 10, 1975:
EASEMENT VACATION 1. Recommended the approval of the request
LOT 43, WILLOW GLEN to vacate an casement located on Lot 43, Willow
SUBDV., UNIT NO. 1 Glen Subdivision, Unit No. 1 (16Z0 Edgewood
Drive).
76
Minutes of February la, 1975, continued
After reviewing submittals from the Pacific
Telephone Company, Pacific Gas and
Electric, Lodi Cable T. v. and the City's
Utility Department, the Planning Commission
determined that no public need existed for the
easement.
ACTIONS OF INTEREST
Other actions of interest were as follows:
1. Denied the appeal of Mr. Ross L. Sargent,
Attorney at Law, of the Planning Director's
decision to issue a Negative Declaration for
certain improvements to the manufacturing
plant of Lcdi Fab Industries at 1030 Sacramento
Street.
2. Conducted the annual review of Planned
Development District No. 3 (P -D(3) located on
the north side of East Turner Road between
U. S. 50-99 Freeway and the Southern Pacific
Railroad right-of-way and proposed for (1) a
275 -unit mobilehome park; (2) 100 -unit travel
trailer park and (3) limited highway -oriented
commercial uses and determined that the zon-
ing should remain for another year.
3. Conducted the annual review of Planned
Development District No. 4 (P -D(4) located at
the northwest corner of Harney Lane and South
Hutchins Street and which encompasses the
area of the English Oaks Manor Subdivision and
determined that the zoning should remain for
another year.
4. Conducted the annual review of Planned
Development District No. 5(P -D(5) located on
the north side of West Turner Road at North
Church Street and which encompasses the area
of the Rivergate-Mokelumne Subdivision and
determined that the zoning should remain for
another year.
COMMUNICATIONS
CLAIM A claim for damages filed on behalf of Ramon
�•H ) Flores, Jr., Jesse Nava, Albert Ornelas, Jr.
and Sam Loya w•as presented by the City Clerk.
The amount of the claim being computed as to
each claimant is as follows:
( 1) Y -Rays, amount unascertained
{2) General Damages: $7, 500. 00
(3) As to Claimant Sam Loya, loss of earnings
°rom Harris Pine Mills, amount unascertained.
On motion of Councilman Ehrhardt, Schaffer
second, the claim w•as rejected and referred to
the Citv's Agent cf Record.
77
Minutes of Febraar y .'.9, 1975, continued
PUC NOTICES OF The City Cierk presented the following Public
HEARINGS Utilities Commission N,,tices of Hearing:
J'- 7
1) Notice .^,f Hearing on Public U`_ilities
Commission Apolicat.on Nc. 55344 for re-
vised rates, charges, and rase structures
for .intrastate voice grade private lire tele-
phone service, Pacific Telephone and
Telegraph Co. Tris is a supplemental notice
only to the 12%3%74 notice previously presented
to the Council.
d) Notice of Hearing before the Public Utilities
Commission of the State of California (Applica-
tion Nos. 55468, 55469., 5547C) - Application
of Pacific Gas and Electric Co. for authority to
revise its gas service tariff to offset the effect
of increases in the price of gas from California
Sources, from E1 Paso Natural Gas Co., and
from Pacific Gas Transmission Co. This
hearing has been set for !larch 3, 1975 at
10.00 a.m.
ABC LICENSE.
The City Clerk presented an application for
Alcoholic Beverage Laicense which had been re-
cei•:ed for Victoria Rmirez, Isle of Capri,
117 N. Sacramento Street, Lodi, California.
This is a person to person transfer, dropping
partner Yolanda L. Baroclo.
Councilman Hughes spoke or, the subject of a
recent Labor Relations Conference that had been
attended by some of the Councilmen and staff.
CITY ATTORNEY
Following introduction of the matter by Council -
INSTRUCTED TO
man Hughes, Mayor Pinkerton related to the
RESEARCH QUESTION
Cour. •i1 that pending legislation in Sacramento
seeks to grant public employee unions rights and
powers over-riding and abridging the power and
authority of locally eiected city councils, school
boards, and county- supervisors. Mayor
Pinkerton stated that it is imperative that the
City of Lodi take the lead in instituting a legal
action which would enjoin any State legislator who
has received more than a composite total of
$ 1, 000 in cash or in kind from any public employee
association, committee, or union from participat-
ing in o: voting an any legislation which would
grant benefits, rights or -powers not subject to
the discretion and authority of locally elected
officials, and stated that it would be appropriate
that the City o: Lodi nvite ail affected public
entities to join Lodi in this landmark action.
Mayor Pi, ker`cn m-:ved that the City Council
instr.zct t^:e Cit,: A`to-nev to research the ques-
t:cn of lI:StitUting a :es_al action which would en-
join any state 1ewho has received more
than a corripc_i -e *sial of $1, 000 in cash or in
Vind iron- anv p=`clic etmolcyee association,
can cnit__�, or :_ni^r. from uarticipating in or
•.sting c,... anv IF.is,aticn which would grant bene-
fits:, --hts or p—, crs n.;t subiert to the discretion
and a Jhority of 1ecally e!�-.cted officials; and for
r8
Minutes of February 19, 1975, continued
the City Attorney to draw up language and
be prepared tc submit his findings to the
Council at its next regularly scheduled meet-
ing on March 5, 1975. The motion was
seconded by Councilman Hughes and carried.
RECREATION Mayor Pinkerton proposed the following
COMMISSION appointments to the Recreation Commission
APPOINTMENTS and asked the Council's concurrence:
Recreation Commission (4 year terms to
expire December 31, 1978)
Mr. Elmer Brown
Mr. David J. Reese
Dr. Dennis Swanson
On motion of Councilman Ehrhardt, Katnich
second, the Council concurred with the
appointments to the Recreation Commission
as proposed by Mayor Pinkerton.
INTRODUCTION OF Assistant City Manager Glenn introduced
ADMINISTRATIVE Mrs. Charlene Donald and Mr. John Abernethy,
AIDES FOR C. M. recently -hired Administrative Aides for the
OFFICE City Manager's office.
REPORTS OF THE
CITY MANAGER
CLAIMS On motion of Councilman Ehrhardt, Schaffer
second, Claims were approved in the amount
of $461,763.03.
PRIORITY LIST OF
Assistant City Manager Glenn reported to the
PROJECTS ELIGIBLE
Council that on June 4, 1974, the electorate
FOR STATE PARK
passed Proposition 1, the State Beach, Park,
BOND FUNDS
Recreational, and Historical Facilities Bond
Act of 1974, which among other things, pro-
vides $90, 000, 000 for grants to cities,
counties, and districts. The County Depart-
ment of Recreational and Parks Commission
has requested that the City of Lodi provide a
RES. NO. 4036
list of three or more priority projects eligible
J01- I W
for these funds. The Lodi Recreation Comm-
ission recommended to the Lodi City Council
the following list of priority projects eligible
for these funds:
1. Development Program for Lodi Lake Park
2. Renovation. of Lodi Grape Bowl
3. Olympic -sized Swimming Pool at Lodi
Unified School District Site.
Following discass:.on on the matter, on motion
of Councilman Schaffer, Hughes second, the
Ccunca adopted Resolution No. 4036 concurring
with the recommendation of the Lodi Recreation
Commission as .o the priority projects eligible
fDr these funds.
-4-
74
Minui-es of February 19, 1975, continued
The Assist -3.:t City Manager recommended to
the Council that the Lucolux Lights at the
Lodi Golf Driving Range be replaced, stating
that it appears that the Lucolux Lights are not
a light conducive tc sports activities, because
of their orange cast. This has been the source
CONVERSION OF LIGHTS of many complaints. When the Lucolux Lights
AT GOLF DRIVING are mixed with white 'lights, it does increase
RANGE �,; the light intensity and does not present the
V objectionable orange cast. When used in this
manner, the lamps can be used in other facili-
ties.
On motion of Councilman Hughes, Schaffer
second, the Ccun cil authorized the conversion
of the golf range Lucolux Lights to the metal
halide -type lights and approved a Special Allo-
cation Request in the amount of $3, 200. 00 to
cover the cost of converting these lights."
Following discussion, Council, on motion of
Councilman Schaffer, Ehrhardt second, continued
the matter for additional study and information to
be provided by Staff.
It was also suggested by Council that the
Recreation Department notify other cities
throughout the State of the City's experience
with Lucolux Lights. This information may
EMERGENCY PLAN
result in a saving to other cities considering
FOR CITY OF LODI
this type of lighting for recreational facilities.
ITEM (d) WITHDRAWN
Assistant City Manager Glenn asked that Item
FROM AGENDA
(d) "Approve plans and Specifications for
Security Alterations in Public Safety Building"
RES. NO. 4037
be withdrawn from the Agenda.
Assistant City Manager Glenn reported to
REPAIRS TO MAPLE
Council that an estimate of repairs for the
SQUARE OLD FIRE-
Maple Square Firehouse hose tower and other
HOUSE = = '
necessary structural repairs has been received
from Ted Molfino in the amount of $1800.00.
Mr. Glenn stated that because of the small size
of the iob, it is not necessary to prepare formal
specifications and advertise for bids; however,
other estimates will be solicited prior to pro-
ceeding with the work following Council's authori-
zation .
Following discussion, Council, on motion of
Councilman Schaffer, Ehrhardt second, continued
the matter for additional study and information to
be provided by Staff.
Assistant City Manager Glenn apprised the
Council that our present Emergency Plan for the
City of Lodi had beer. adopted in 1971. This plan
is now cutdated. In conjunction with the County
EMERGENCY PLAN
Office of Emergency Services, and using a model
FOR CITY OF LODI
plan prepared by the S=ate, an updated Emergency
ADOPTED
Plan for the City cf Lodi has been prepared. The
plan takes into consideration Lodi's individual
situation and protides a =ramework to guide City
RES. NO. 4037
officials in responding to natural or man-made
disasters. The draft of this plan has been sub-
mitted to the Office of Emergency Services and
has recei-red ;heir appr3val. A draft of this plan
was :els: press;: ted fr:r Council's perusal.
80
Minutes of February 19, 1975, continued
On motion of Councilman Katnich, Ehrhardt
second, the Council adopted Resolution No.
4037 approving the Emergency Plan for the
City of Lodi as presented.
Councilman Schaffer related to the Council
OPTION TO PURCHASE that the Governing Board of the Lodi Unified
TOKAY HIGH SCHOOL School District at a meeting held by that body
SITE 10. 09 ACRES on February 18, 1975 agreed by motion to
offer the square city block (10.09 acres)
occupied by the Tokay High School to the City
of Lodi for a price of $475, 000.
A letter dated February 19, 1975 addressed
to Mr. Glaves from Mr. Raymond Jansen,
Superintendent of Lodi Unified School District,
was presented to the Council. This letter set
forth the following provisions to be included in
the option to purchase.
1. Total purchase price to be $475, 000. 00
cash to be paid upon exercise of option.
2. The district to receive 176 of the total
price, or $4, 750. 00, upon execution of the
option agreement.
3. Construction of Tokay High must commence
before January 1, 1977.
4. The school district will demolish the old
building down to the first level prior to trans-
fer to the City.
5. The school district will remove all portable
buildings from the site, fill in ditches, and
rough grade the site.
6. The school district will grant first right of
refusal to the City for adjacent property, i. e.
parking lots on the east side of Hutchins and the
space occupied by portable buildings on the south
side of Walnut Street. The district will probably
want to retain the Ag building for future district
use.
7. An option to purchase will be executed by the
City within 180 days of this offer, or the school
district will offer the property for sale on the
open market by competitive bidding.
8. In the event that the City does not develop the
property for continued community use and sells
it to a non -go-, ernmental agency for real estate
development, the school district will receive half
of the profit.
An option agreement_ as prepared by City Attorney
Mullen, which included the provisions outlined in
the School District's letter of February 19, 1975,
was presented for Council's scrutiny. Questions
regarding the Option Agreement were directed by
Council to the, City Attorney.
-6-
0
i
Minutes c` February 19, 1975, continued
Councilman Hughes stated that he concurred
in concept with the provision covering the
splitting of profits received for the sale of
this property by the City of Lodi at any time
within 10 years after the date of the close of
sale of the escrow contemplated by this Op-
tion Agreement, but added that he felt that
the City should be entitled to reimbursement
for interest on the out-of-pocket money for the
interim period between the date of purchase
of the property by the City of Lodi and in the
event of sale of the property by the City within
the prescribed period of time as outlined in
the Option Agreement.
Discussion followed with questions being
directed by Council to Stiff, the City Attorney,
and Mr. Suess, Vice -President of the Govern-
ing Board of the Lodi Unified School District,
who was in the audience.
On motion of Councilman Schaffer, Ehrhardt
second, Council accepted, in principle, the
School Board's proposal to sell the 10.09
acres of the old Tokay High School Campus Site
to the City of Lodi at a price of $475, 000, with
proposed modifications to the Option Agreement
to be made prior to February 24, 1975, the date
proposed for an adjourned meeting of the City
Council.
NCPA DEVELOPMENT Councilman_ Hughes reminded the Council that
FUND /i.q) at the regular Council meeting of February 5,
1975, he had outlined a recommended proposal
by the Northern California Power Agency,
whereby a development fund would be estab-
lished for various projects at an estimated cost
in excess of $6, 000, 000. Councilman Hughes
indicated that he had presented to Council a
letter from R. W. Beck and Associates, Con-
sulting Engineers, who have more closely de-
fined the capital needs for the three projects
that have been envisioned in the program and pro-
jected a figure of about $5, 050, 000. Councilman
Hughes stated that he feels an additional $250, 000
shoula be considered for miscellaneous expenses,
bringing the total to approximately $5, 300, 000.
Councilman Hughes indicated that he would like
to be able to relate the feelings of the Council
at the N.C. P. A, meeting he will be attending
shortly in Lompoc. The Council reaffirmed its
expression of the February 5, 1975 Council
meeting of general approval of the concept of a
N. C. P. A, member Electric Power Development
Fund.
TRAFFIC STUDIES Councilman. Hughes related to the Council that at
- z a recent school meeting that he had attended,
complaints were voiced regarding the intersec-
tions of Elm Street and Mills Avenue and Rutledge
Drive and Yosemite Drive.
Ire
89,
Minutes of February 19, 1975, continued
Staff was directed to prepare for Council's
perusal traffic studies on these two intersections.
ORDINANCES
ANNEX COMMUNITY
ORDINANCE NO. 1047 - entitled "AN
HOSPITAL ADDN.
ORDINANCE APPROVING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY,
DESIGNATED 'COMMUNITY HOSPITAL
ORD. NO. 1047
ADDITION' TO THE CITY OF LODI" having
ADOPTED
been introduced at a regular meeting on -
�,,
February 5, 1975, was brought up for passage
on motion of Councilman Ehrhardt, Schaffer
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, SCHAFFER and PINKERTON
Noes: Councilmen - None
Absent: Councilmen - None
ANNEX NEUHARTH- ORDINANCE NO. 1048 - entitled "AN
EAST ADDN. ORDINANCE APPROVING THE ANNEXATION
OF CERTAIN UNINHABITED TERRITORY,
ORD. NO. 1048 DESIGNATED 'NEUHARTH-EAST ADDITION'
ADOPTED TO THE CITY OF LODI" having been introduced j
at a regular meeting on February 5, 1975, was
brought up for passage on motion of Councilman
Katnich, Schaffer 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, SCHAFFER and PINKERTON
Noes: Counr_Umen - None
Absent: Councilmen - None
GENERAL PLAN ORDINANCE NO. 1049 - entitled "AN
AMENDMENT 74-1 ORDINANCE AMENDING THE GENERAL PLAN
31 d OF THE CITY OF LODI, WHICH AMENDMENT
IS HEREBY DESIGNATED GENERAL PLAN
AMENDMENT 74-1 AND WHICH THEREBY
ADDS AREA DESIGNATED C -P, COMMERCIAL -
PROFESSIONAL IN THE AREAS NORTH, EAST,
AND SOUTH OF LODI COMMUNITY HOSPITAL,
LOCATED AT THE NORTHEAST CORNER OF
LOWER SACRAMENTO ROAD AND THE FUTURE
EXTENSION OF WEST VINE STREET" having
been introduced at a regular meeting on February 5,
1975, was brought +ip for passage on motion of
Councilman Ehrhardt, Katnich second. Second
reading was cmi`.`_ed after reading by title, and
the Ordinance vas t?:en passed, adopted and
ordered tc print by the following vote:
It -is
am
•
Minutes of February 19, 1975, continued
Ayes: Councilmen - EHRHARDT, HUGHES,
KATNICH, SCHAFFER and
PINKERTON
Noes: Councilmen - None
Noes: Councilmen - None
Absent: Councilmen - None
TRANSPORTATION Councilman Ehrhardt reported to the Council
STUDY COMMITTEE that the City of Lodi Transportation Study
REPORT 'o(o) Committee is presently working on the final
draft of its report and recommendations to the
City Council. Presentation of this report will
be made to the City Council at the regular
Council meeting of March 5, 1975.
ASST. C. A. On motion of Councilman Ehrhardt, Schaffer
NEWTON RESIGNS second, the resignation of Thomas J. Newton as
Assistant City Attorney was accepted by the
Council.
MEETING ADJOURNED On motion of Councilman Katnich, Schaffer
TO 2/24/75 second, the meeting was adjourned at 9:35 p.m.
by Mayor Pinkerton to February 24, 1975 at
7:30 p. m, at Washington School Aud_torium,
835 West Lockeford Street, Lodi, California.
Attest: ALICE M. RELMCHE
City Clerk
-q-
Absent: Councilmen - Ncne
PREZONE 16.2 ACRES
ORDINANCE NO. 1050 - entitled "AN
N/E CORNER LOWER
ORDINANCE PREZONING A 16.2 ACRE AREA AT
SACRAMENTO RD. &
THE NORTHEAST CORNER OF LOWER
FUTURE EXTENSION OF
SACRAMENTO ROAD AND THE FUTURE
W. VINE STREET
EXTENSION OF WEST VINE STREET, WHICH
x'-53 ai
INCLUDES THE COMMUNITY HOSPITAL AND
CERTAIN ADJACENT PROPERTIES TO BE IN
THE C -P COMMERCIAL -PROFESSIONAL
ZONING" ha -ring been introduced at a regular
meeting on February 5, 1975, was brought up
for passage on motion of Councilmen 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:
Ayes: Councilmen - EHRHARDT, HUGHES,
KATNICH, SCHAFFER and
PINKERTON
Noes: Councilmen - None
Absent: Councilmen - None
TRANSPORTATION Councilman Ehrhardt reported to the Council
STUDY COMMITTEE that the City of Lodi Transportation Study
REPORT 'o(o) Committee is presently working on the final
draft of its report and recommendations to the
City Council. Presentation of this report will
be made to the City Council at the regular
Council meeting of March 5, 1975.
ASST. C. A. On motion of Councilman Ehrhardt, Schaffer
NEWTON RESIGNS second, the resignation of Thomas J. Newton as
Assistant City Attorney was accepted by the
Council.
MEETING ADJOURNED On motion of Councilman Katnich, Schaffer
TO 2/24/75 second, the meeting was adjourned at 9:35 p.m.
by Mayor Pinkerton to February 24, 1975 at
7:30 p. m, at Washington School Aud_torium,
835 West Lockeford Street, Lodi, California.
Attest: ALICE M. RELMCHE
City Clerk
-q-