HomeMy WebLinkAboutMinutes - March 20, 1974334
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
March 20, 1974
A regular meeting of the City Council of the City of Lodi was held beginning
at 8:00 p.m. on Wednesday, March 20, 1974, in the City Hall Council
Chambers.
ROLL CALL Present: Councilmen - EHRHARDT, HUGHES,
KATNICH, SCHAFFER
(arrived 8:20 p.m.) and
PINKERTON (Mayor)
Absent: Councilmen- None
Also present: City Manager Henry Glaves,
Assistant City Manager Jerry Glenn, City Attorney
Robert Mullen, Planning Director Jim Schroeder,
and Public Works Director Shelley Jones.
INVOCATION The invocation was given by Councilman Ehrhardt.
PLEDGE Mayor Pinkerton led the Pledge of Allegiance to the
flag.
MINUTES On motion of Councilman Katnich, Ehrhardt second,
the minutes of March 6, 1974, were approved as
written and mailed.
On motion of Councilman Ehrhardt, Katnich second,
the minutes of March 12, 1974, were approved as
written and mailed.
UNITED WAY Dr. C. Robert Breckenridge presented to Mayor
PLAQUE Pinkerton the United Way President's Trophy for the
PRESENTATION community with the top percentage increase in the
United Way annual drive. Dr. Breckenridge explained
this is a roving trophy and that it will be displayed
six months by the City and then be given to the Chamber
of Commerce for display.
PUBLIC HEARINGS
PREZONE FROM
Notice thereof having been published in accordance
I -PA TO M-2
with law and affidavit of publication being on file
in the office of the City Clerk, the Mayor called
ORD. NO. 1023
for the public hearing to consider the request of
INTRODUCED
Mr. L. James Weeks on behalf of Foster Manu-
facturing Company to prezone an approximately
9. 5 acre parcel on the south side of East Pine
Street, 330 feet east of Cluff Ave. (i. e. , Lot 10,
Live Oak Colony No. 3) from the I -PA, Interim -
Protective Agricultural District (County
Designation) to the M-2 Heavy Industrial District
(City Designation).
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Planning Director Jim Schroeder presented a
drawing of the area proposed for prezoning and
discussed the proposal.
Mr. Jim Weeks of the Foster Manufacturing Co. ,
2 14 S. Cluff Ave., Lodi, spoke in favor of the
prezoning.
There being no other persons in the audience wish-
ing to speak on the matter, the public portion of
the hearing was closed.
After Council discussion, Councilman Katnich
moved the introduction of Ordinance No. 1023
prezoning an approximately 9. 5 acre parcel on
the south side of East Pine Street, 330 feet east
of Cluff Avenue (i. e. , Lot 10, Live Oak -Colony
No. 3) from the I -PA, Interim -Protective
Agricultural District (County Designation) to the
M-2 Heavy Industrial District (City Designation).
The motion was seconded by Councilman Hughes
and carried.
ZONING ORDINANCE Notice thereof having been published in accordance
AND GENERAL with law and affidavit of publication being on file
PLAN TO BE in the office of the City Clerk, Mayor Pinkerton
CONSISTENT called for the public hearing on the recom-
mendation of the City Planning to make the
Zoning Ordinance and the General Plan consistent.
After considerable discussion, Councilman Hughes
moved that the Public Hearing on the City Planning
Commission's recommendation to make the
Zoning Ordinance and the General Plan consistent
be continued at the April 3, 1974, regular council
meeting. The motion was seconded by Councilman
Schaffer and carried.
PREZONE FROM Notice thereof having been published in accordance
I -PA TO C-2 with law and affidavit of publication being on file
in the office of the City Clerk, the Mayor called
ORD. NO. 1024 for the pubLic hearing on the recommendation
INTRODUCED of the City Planning Commission to prezone the
area bounded by the City limits on the north; the
U.S. 50-99 Freeway on the east; and South Cherokee
Lane on the west from I -PA, Interim -Protective
Agricultural District (County Designation) to the
C-2, General Commercial District (City Designation).
Planning Director Schroeder presented a drawing
of the area proposed for prezoning and discussed
the proposal.
There being no one in the audience wishing to
speak either in favor or in opposition to the
proposal, the public portion of the hearing was
closed.
Councilman Ehrhardt then moved introduction of
Ordinance 1024 prezoning the area bounded by the
MR
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Minutes of March 20, 1974, continued
City limits on the n Wirth; the U.S. 50-99 Freeway
on the east; and South Cherokee Lane on the west
from the I -PA, Interim -Protective Agricultural
District (County Designation) to the C-2 General
Commercial District (City Designation). The
motion was seconded by Councilman Katnich and
carried.
PEACH STREET Notice thereof having been published and posted
SANITARY SEWER in accordance with law and affidavits of publication
ASSESSMENT being on file in the office of the City Clerk, Mayor
DISTRICT Pinkerton called for hearing on the proposed
formation of the Peach Street Sanitary Sewer
Assessment District.
Speaking in favor of the proposed formation of the
Peach Street Sanitary Sewer Assessment District
were:
Mr. J. J. Freeman, 711 Peach Street, Lodi
Mrs. Claude Lewis, 2033 Cochran Road, Lodi
RES. NO. 3897
There being no other persons in the audience
DIRECTING
wishing to be heard on the matter, the public
ASSESSMENT TO
portion of the hearing was closed.
RES. NO. 3894
Councilman Katnich moved adoption of Res. 3894
OVERRULING
overruling protests on the Peach Street Sanitary
PROTESTS
Sewer Assessment District. The motion was
SANITARY SEWER
seconded by Councilman Schaffer and carried.
RES. NO. 3895
Councilman Schaffer moved adoption of Res. 3895
ADOPTING SCALE
adopting the scale of prevailing wage rates. The
OF PREVAILING
motion was seconded by Councilman Katnich and
WAGE
carried.
RES. NO. 3896
On motion of Councilman Ehrhardt, Schaffer second,
ORDERING WORK
the Council adopted Resolution 3896 ordering the
PEACH ST. S. S.A.
work to be done on the Peach Street Sanitary Sewer
DISTRICT
Assessment District.
RES. NO. 3897
Councilman Schaffer then moved adoption of
DIRECTING
Res. 3897 directing the assessment be prepared
ASSESSMENT TO
on the Peach Street Sanitary Sewer Assessment
BE PREPARED
District. The motion was seconded by Councilman
Hughes and carried.
WILLOW AVE.
Notice thereof having beenpublished and posted in
SANITARY SEWER
accordance with law, and affidavits of publication
ASSESSMENT
being on file in the office of the City Clerk, Mayor
DISTRICT
Pinkerton called for the hearing on the proposed
formation of the Willow Ave. Sanitary Sewer
Assessment District.
Mr. James W. Taylor, 71I Willow Avenue, Lodi,
stated that when the petition for the formation of
the Willow Ave. Sanitary Sewer Assessment
District was drawn up, the property owners had
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Minutes of March 20, :974, continued
agreed the assessment should be based on a straight
front footage basis, and he had indicated this at the
top of the petition prior to its circulation.
City Attorney Mullen asked Mr. Taylor if in fact
the notation stating "a straight line on Willow and
all paying the same amt. " was in his handwriting
and was it written on the petition prior to its cir-
culation. Mr. Taylor indicated in the affirmative.
The City Attorney stated that it would be in
order to prepare the assessment as the property
owners desired. Mr. Eddie Wisner, 7 17 Willow
Street, stated he wished to v*rify Mr. Taylor's
statements.
Chas. Battaglia, 701 W. Willow Ave. , stated he
was in favor of the assessment district, -but that
he intended to purchase the property between his
lot and Tokay Street and would want sewer hook-
up from Tokay Street at that time. It was deter-
mined that Mr. Battaglia would be a part of this
sanitary sewer assessment district and would be
assessed accordingly.
RES. NO. 3901
There being no other persons in the audience
DIRECTING
wishing to be heard on the matter, the public
ASSESSMENT TO
portion of the hearing was closed.
RES. NO. 3898
Councilman Schaffer moved adoption of Res. 3898
OVERRULING
overruling protests on the Willow Ave. Sanitary
PROTESTS
Sewer Assessment District. The motion was
seconded by Councilman Katnich and carried.
RES. NO. 3899
Councilman Katnich moved adoption of Res. 3899
ADOPTING SCALE
adopting the scale of prevailing wage rates. The
OF PREVAILING
motion was seconded by Councilman Schaffer and
WAGE
carried.
RES. NO. 3900
On motion of Councilman Katnich, Ehrhardt
ORDERING WORK
second, the Council adopted Res. 3900 ordering
WILLOW AVE.
the work on the Willow Avenue Sanitary Sewer
S.S.A. DISTRICT
Assessment District.
RES. NO. 3901
Councilman Ehrhardt then moved adoption of
DIRECTING
Resolution 3901 directing the assessment be
ASSESSMENT TO
prepared for the Willow Avenue Sanitary
BE PREPARED
Sewer Assessment District, The motion was
WILLOW AVE SSA
seconded by Councilman Katnich and
DISTRICT
carried.
PLANNING COMMISSION
The City Manager gave the following report of
the Planning Commission meeting of March 11,
1974.
RECOMMEND 1. Recommended that 27 acres at the southeast
PURCHASE OF corner of Lower Sacramento Road and the
HINES PROPERTY future extension of Century Boulevard be pur-
chased from the Estate of Lloyd Hines as the
site for Park -Storm Drainage Basin G South.
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Minutes of March 20, 1974, continued
RECOMMEND 2. Recommended the approval of the request of
REZONING Rev. Oscar Gross for the rezoning of Parcel 5
FROM P -D(5) as shown on the former Tentative Map of the
TO R -GA Rivergate Mokelumne Subdivision from a
portion of Planned Development District No. 5 —
(P -D(5)) to R -GA, Garden Apartment Residential
District.
On motion of Councilman Katnich, Schaffer second,
that matter was set for public hearing on April 3,
1974.
ACTIONS OF The Planning Commission also took the following
INTEREST actions of interest to the City Council.
1. Certified the Final Environmental Impact for
the acquisition of Park -Storm Drainage Basin
G -South proposed for a 27 -acre site at the
southeast corner of Lower Sacramento Road
and the future extension of Century Boulevard.
2. Approved the request of Mr. Don Webb for a
Variance to reduce the required exterior side
yard from 5 feet to 3 feet to permit the con-
nection of a detached accessory building to the
main structure at 1129 South Church Street in
an area zoned R-2, Single -Family Residential.
COMMUNICATIONS
REZONING AT S.W. The City Clerk reported that there had been filed
CORNER OF HAM
with her a petition containing 103 signatures of
LANE AND LODI
property owners who live within a radius of 300
A VENUE
feet of the proposed development known as
"Vintage Greens, " corner of Lodi Avenue and
Ham Lane, opposing that development.
A letter was received from Gerri Lipkau, 512
Connie Street, Lodi, expressing her disapproval
of the proposed Vintage Greens subdivision.
CLAIM
A claim was presented on behalf of Erminio Urias
in the amount of 5 100, 000. On motion of Council-
ERMINIO URIAS
man Ehrhardt, Councilman Katnich second, the
Council rejected the claim and referred it to the
City's agent of record.
INCREASED
A letter was received from George Bothman, 838 S.
CABLE T.V. RATES
Garfield Street, Lodi, protesting the proposed
increase in cable T. V. aerial rates. Mr. Bothman
feels these additional charges would discriminate
against those living on a fixed income.
PUC INTERIM
An interim order has been received from the
ORDER
Public Utilities Commission of the State of Calif.
GREYHOUND
partially granting a motion for a temporary
LINES - WEST
emergency fuel cost surcharge supplement of
1.36% to Greyhound Lines - West on their
application 54569 filed 1/ 11/74.
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Minutes of March 20, 1974, continued
P. U. C. Notice has been received that the Public Utilities
HEARING Commission of the State of California has set the
P. G. &E, hearing for Pacific Gas and Electric Co. appli-
cation Nos. 54616, 54617, and 54615 to revise
its gas service tariff to offset the effect of increases
in the price of gas from California sources on
Monday, April 15,-1974, at 350 McAllister Street,
San Francisco, California at 10:00 A.M.
P. U. C. Notice has been received that the Public Utilities
HEARING - Commission of the State of California has set the
GREYHOUND hearing for Greyhound Lines, Inc. - West Division
v LINES, INC. WEST applications No. 54653 and 54569 for a statewide
DIVISION increase in intrastate passenger fares and express
rates on Tuesday, April 9, 1974, at 10:00 A.M.
at 350 McAllister Street, San Francisco, California.
ABC LICENSES Applications for alcoholic beverage license were
received as follows:
1. Jose Ramirez Tapia, E1 Nuevo Guadelajara,
12 1 N. Sacramento St. , Lodi - On sale beer
and wine, public premise, new license.
2. Kenneth R. Douglas, Ken's Phillips 66,
1216 Turner Road, Lodi - Off sale beer and
wine - new license.
COMMUNITY
A letter was received from the Community Action
ACTION
Council requesting local government to pass a
COUNCIL
resolution favoring an extension of the Economic
Opportunity Act of 1964, as amended, and thereby
providing continued federal support to CAC through
fiscal year 1975.
BICENTENNIAL
Mayor Pinkerton reported that plans are underway
COMMITTEE
for the formation of a Bicentennial Committee in
Lodi and expressed his desire to involve representa-
tives of major segments of the City, such as the
Chamber of Commerce, industry, agriculture,
various service clubs, historical clubs, veteran
groups, churches, etc. in Lodi. Persons in-
terested in being involved in this committee were
invited to contact the Mayor.
AGAPE FORCE
Councilman Ehrhardt reported that a group of
young people from Sebastopol known as "Agape
Force" are soliciting Lodi residents with the
sale of books and records. Councilman Ehrhardt
urged Lodi residents to support "our" local groups.
FIRE DEPT.
Mayor Pinkerton commended the Fire Department
COMMENDED
for their outstanding job at the high school fire.
REPORTS OF rHE CITY MANAGER
CLAIMS Claims in the amount of $445, 907. 77 were approved
on motion of Councilman Ehrhardt, Hughes second.
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Minutes of March 20, 19'•4, continued
CABLE TV
The City Council on motion of Councilman
RATE INCREASE
Ehrhardt, Hughes second, adopted Resolution
No. 3902 granting a Lodi Cable TV rate increase
RES. NO. 3902
of thirty (30) cents per month for aerial sub-
scriptions.
PARK STREET
The City Manager reported that the following bids
STREET LIGHT
had been received for the instailaticn of street
DISTRICT
lights in the Park Street Street Light District:
JOHN & IRENE
Graffigna Electric $5, 692
KESZLER
Collins Electric Co. 6,222
Smith Electric Supply- 8,245
R. Flatland Co. 2 1, 365
The engineers estimated cost for this project was
$4, 727, and the low bid is 20. 4%o over this figure. -
On motion of Councilman Ehrhardt, Hughes second,
the City Council continued the awarding of the bid
for street lights in the Park Street Street Light
District until 8:00 P. M, Wednesday, April 3, 1974,
and set a Public Hearing at that time to consider
the comments of affected property owners.
AWARD - CITY The City Manager presented bids received for City
HALL REMODEL Hall Remodeling Project No. 3 as follows:
PROJECT NO. 3
Penrose Construction Co. $41,749.00
RES. 3904 V. L. Gavel Construction, Inc. 42, 072. 00
L. A. Molfino 43, 612.00
The City Manager recommended that the award be
made to the low bidder fcr the amount of the bid.
On motion of Councilman Hughes, Schaffer second,
the Council adopted Resolution 3904 awarding the
contract for City Hall Remodeling Project No. 3
to Penrose Construction Co. for the amount of the
bid.
RIGHT-OF-WAY The City Manager recommended that the City
ACQUISITION Council approve the right -o: -way agreement be-
LODI AVE. tween Chris R. and La Veta Keszler and the City,
CHRIS & which property is necessary for the Lodi Avenue
LA VETA KESZLER widening and is located at the southwest corner of
Lodi Ave. & Crescent Avenue at a sum of $3100.
On motion of Councilman Katnich, Schaffer
second, the Council approved the right-of-way
agreement between Chris R. and La Veta Keszler
and the City of Lodi and authorized the City
Manager to sign on behalf cf the City.
RIGHT-OF-WAY
The City Manager recommended that the City
ACQUISITION
Ccuncil approve t e right-of-way- agreement
LODI AVE,
between John and Irene Keszler and the City,
JOHN & IRENE
which property is necessary fcr the Lodi Avenue
KESZLER
widening and is located at the southeast corner of
Lodi Ave. and Crescent Avenue at a sum of $600.
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Minutes of March 20, 1974, continued
On motion of Councilman Ehrhardt, Katnich second,
the Council approved the right-of-way agreement
between John and Irene Keszler and the City of Lodi
and authorized the City Manager to sign on behalf
of the City.
CHERRY TREE The City Manager reported that the Cherry Tree
SUBDIVISION Subdivision developer, H & hl Builders, Inc. ,
FINAL MAP has completed all the requirements as specified
APPROVED by the Planning Commission in the approval of the
tentative map on July 9, 1973.
On motion of Councilman Schaffer, Katnich second,
the Council approved the Cherry Tree Subdivision
final map, the improvement plans, and the im-
provement security and directed the City Manager
to sign the subdivision and electrical utility agree-
ments on behalf of the City.
"NO STANDING,
The City Manager reported that a problem has been
STOPPING OR
created by prospective customers of the Douglas
PARKING" IN FRONT
Oil Company station on Cherokee Lane parking in
OF EL CHARRO
the street and completely blocking off driveways
ORD. NO. 1025
to the El Charro Restaurant. The City Manager
RES. NO. 3905
further reported that the Chief of Police has re-
quested that parking be prohibited in front of the
E1 Charro immediately south of the Douglas Oil
Co. station. After considerable discussion, on
motion of Councilman Schaffer, Katnich second,
the Council adopted Resolution 3905 prohibiting
vehicular standing, stopping or parking on the
east side of Cherokee Lane from I55 feet south
of the centerline of Vine Street to 330 feet south
of the centerline of Vine Street.
RECESS
The Mayor declared a five-minute recess and the
Council reconvened at 10. 10 P. M.
COUNCIL RE-
The City Manager presented an ordinance for
ORGANIZATION
Council adoption which would amend Sect. 2-6
DATE
of Chapter 2 of the Code of the City of Lodi,
thereby amending the date for the reorganization
ORD. NO. 1025
of the City Council.
INTRODUCED
Councilman Hughes then moved introduction of
Ordinance 1025 amending Sect. 2-6 of Chapter 2
of the Code of the City of Lod!, and thereby
amending the date for the reorganization of the
City Council. The motion wras seconded by
Councilman. Katnich and carried.
WHITE SLOUGH City Manager Claves presented the Council with
EXPANSION - the "Project Report for the censtruction of
PROJEC r REPORT Water Pollution Control Facilities - 197=1" as
prepared by Yoder-Trctter-Oriab & Assoc.,
Engineering Consultants.
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Minutes of %March 20, i'?774, continued
Public Works Director Shelley Jcnes then addressed
the Council highl-'ght:ng information contained within
the report, Mr. Jones ccnciuded his address by
inform_ng the Council that a consultant from the
Engineering Consulting firm would be available to
speak at a future shirtsleeve session and to answer
questions put forth by the Council regarding the report.
CITY HALL
City Manager Glaves stated that City Hall Remodeling
REMODELING
Project 2 had been completed, and it would be in
PROJECT 2 -
order to accept that project as complete,
ACCEPTED
The City Council en motion of Councilman Schaffer,
Katnich second, accepted the work performed under
"City Hall Remodel, Project 2. " and authorized the
Public Works Director to file a Notice of Completion
on behalf of the City,
CONSULTANTS
The City Manager reported that the City has for some
TO DEVELOP
time been trying to develop some expertise of data
EDP REQUIREMENTS
processing requirements for the City. The City pre-
sently has no one on its staff with knowledge of this
type. City Manager Glaves then presented to the
Council a proposal presented by Main Lafrentz and
Co. to review the City's current EDP reports and
internal City management systems, at a maximum
cost of $$4900 through Phase III,
On motion of CouncUman Katnich, Schaffer second,
the Council authorized the retaining of Main
Lafrentz and Co, to develop electronic data
processing requirements for the City of Lodi.
APPLICATION
City Manager Glaves presented an application
FOR CCCJ
for grant funds under the Omnibus Crime Control
GRANT
and Safe Streets Act of 1968 to undertake a study
for the Police Department entitled, "Information
RES. NO. 3906
Needs Formatted Organizationally'' and recom-
mended approval of the application.
Police Chief Yates explained that the proposed
project is to provide the staff, equipment, and data
processing support for an experimental effort to
develop and implement concise computer print-
outs, displays, summaries and other information -
conveying devices which fulfill the information
needs of the various levels of the Police Dept.,
and to institutionalize their use.
On motion of Councilman Hughes, Ehrhardt
second, the Council adopted Resolution 3906
authorizing the C_ty T,ianager to submit the
application for grant funds fcr the "Information
Needs Formatted Organizationally" Project to
the California Ccunc.A cn Criminal Justice and
to execute on behalf of the City of Lodi the
Grant Award Contract.
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Minutes of March 20, 1974, continued
PROPOSED The City Manager presented to the Council the
COG 1974-75 proposed 1974-75 San Joaquin County Council of
BUDGET Government's budget. This budget is submitted
to the Council in conformity with the provisions
of the Joint Powers Agreement under which the
COG was formed.
After Council discussion and review, on motion
of Councilman Hughes, Ehrhardt second, the
Council ratified the proposed 1974-75 San Joaquin
County Council of Governments Budget.
ACQUISITION - The City Manager reported that a letter had been
LLOYD EMDE received from the Bank of Stockton advising that
HINES ESTATE the Estate of Lloyd Emde Hines was willing to
27 -ACRE PARCEL accept the City's offer of $94, 500 for the 27 -acre
parcel at the southeast corner of Lower Sacramento
Road and the future extension of Century Boulevard
as a site for Park -Storm Drainage Basin G South.
On motion of Councilman Ehrhardt, Schaffer second,
the Council authorized the City Manager to negoti-
ate for the acquisition of the Lloyd Emde Hines
Estate 27 -acre parcel for a sum of $94, 500.
VAUGHAN City Manager Glaves reported George and Bernice
LIBRARY SITE Vaughan had agreed to accept the Library Board's
PROPERTY proposal of $26, 000 for the property located at the
corner of Locust and Pleasant as a part of the
library site.
On motion of Councilman Hughes, Ehrhardt second,
the Council voted to accept the compromise offer
of $26, 000 for the Vaughan library site property.
ORDINANCES
REZONE R- 1 TO ORDINANCE NO. 1022, entitled, "AN ORDINANCE
P -D 11 AMENDING THE OFFICIAL DISTRICT MAP OF THE
CITY OF LODI AND THEREBY REZONING AN AP -
ORD. NO. 1022 PROXI_IIATE 47 -ACRE PARCEL LOCATED AT THE
ADOPTED SOUTHWEST CORNER OF SOUTH HAM LANE AND
NEST LODI AVENUE FROM R- 1 TO P -D (11),
PLANNED DEVELOPMENT DISTRICT NO. 11"
having been introduced at a regular meeting on
March 6, 1974, was brought up for passage on the
motion of Councilman Hughes, 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
and PINKERTON
Noes: Councilmen - KATNICH
Abstain: Councilmen - SCHAFFER
Absent: Councilmen - None
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Minutes of March 20, 1974, continued
PLANNING
Mayor Pinkerton announced that there would be two
COMMISSION
Planning Commission member openings in June and
VACANCIES
invited those persons interested in serving on the
Planning Commission to send in a resume and the
reasons for their interest in becoming a member
of the Planning Commission.
INTRODUCTION
Public Works Director Shelley Jones introduced
Kristen Kristensen, recently hired Administrative
Assistant for the Public Works Department.
ADJOURNMENT
There being no further business, the meeting was
adjourned at approximately 11:35 P.M. on motion
of Councilman Katnich, Ehrhardt second.
Attest: ALICE M. REIMCHE
City Clerk