HomeMy WebLinkAboutMinutes - April 6, 1988395
NUTS: SEE PAGE 432 FOR MINUTES OF SPECIAL MEETING MARCH 31, 1988
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, APRIL 6, 1988
7:30 P.M.
ROLL CALL
Present: Council Members - Hinchman, Pinkerton, Reid,
Snider and Olson (Mayor)
Absent: Council Members - None
Also Present: Assistant City Manager Glenn, Community
Development Director Schroeder, Public Works
Director Ronsko, City Attorney Stein, and
City Clerk Reimche
INVOCATION
The invocation was given by Dr. Wayne Kildall, Center of
Hope.
PLEDGE OF
The Pledge of Allegiance was led by Mayor Olson.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS
Mayor Olson presented the following proclamations -
CC -37
a) "Month of the Young Child"
b) "Child Abuse Prevention Month"
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Pinkerton,
Olson second, approved the following items hereinafter set
forth.
}
Further, the following agenda items were removed from the
Consent Calendar, and discussed under the Regular Calendar:
Agenda item E-3 - "Authorize City Manager and City Clerk to
execute Agreement for Architectural Services for Design of
Hutchins Street Square Senior Complex"
Agenda item E-8 - "Award Contract for Softball Complex
Fence Replacement, 401 North Stockton Street"
Agenda item E-12 - "Approve purchase of Miracle Recreation
Equipment"
CLAIMS CC -21(a)
Claims were approved in the amount of $3,174,173.09.
MINUTES
The Minutes of February 17, 1988 and March 8, 1988 were
approved as written.
AGREEMENT WITH
COUNTY OF SAN
JOAQUIN FOR DATA
PROCESSING SERVICES
APPROVED
RES. NO. 88-39
The City Council adopted Resolution No. 88-39 approving an
agreement with the County of San Joaquin to provide certain
CC -7(b)
data processing services to the City of Lodi for fiscal
CC -90
year 1988-89, and authorized the City Manager and City
Clerk to execute same.
Council was advised that, for the past several years, the
City of Lodi has contracted with the County of San Joaquin
for certain data processing services associated with Police
0
Continued April 6, 1988
2
Department operations. The maximum amount to be paid to
the County for these services shall not exceed $4,340 for
the fiscal year. This amount is about $1,500 less than
last year as a result of decreased rental costs for the
terminals.
IMPROVEMENTS IN
SUNWEST UNIT 8,
ACCEPTED
RES. NO. 88-40
The City Council adopted Resolution No. 88-40 accepting the
subdivision improvements included in Tract Map No. 2105 for
CC -46
Sunwest Unit 8.
Council was advised that improvements in Sunwest Unit 8
have been completed in substantial conformance with the
requirements of the Subdivision Agreement between the City
of Lodi and Sunwest Developers, dated July 16, 1987, and as
specifically set forth in the plans and specifications
approved by the City Council.
AWARD BID FOR
PURCHASE OF CLASS
3 WOOD UTILITY
POLES
RES. NO. 88-41
Council adopted Resolution No. 88-41 awarding the bid for
45 Class 3 Wood Utility Poles to J. H. Baxter Company,
CC -12(d)
San Mateo in the amount of 512,953.73.
CC -20
Poles will be purchased in three lengths on this bid:
5 each 35 foot
10 each 45 foot
30 each 55 foot
Council was advised that 25 of the 55 -foot length poles
will be used for electric line construction in the Maggio
Track on South Stockton Street beginning in May, 1988. The
rest will be used to replace deteriorated or damaged poles
as part of the Electric Utility Department's ongoing line
maintenance program.
AWARD BID FOR
PURCHASE OF WATTHOUR
METERS
RES. NO. 88-42
The City Council adopted Resolution No. 88-42 awarding the
bid for watthour meters to the low bidder Maydwell &
CC -12(d)
Hartzell, Inc. in the amount of $16,973.57.
CC -20
The City Council was advised that the meters will be used
to meter electric energy usage at the following
developments:
Apple Orchard Parkview Terrace
Johnson Ranch Park West
Meadows Sunwest
In addition, the meters will be required for other smaller
developments throughout the city, to maintain an inventory
for other needs as they develop and for replacement of
obsolete and deteriorated meters located during meter
testing.
2
')97
Continued April 6, 1988
WATTHOUR METER BID EVALUATION
EUD-88-2
Price
Supplier Incl. Tax
Maydwell & Hartzell, Inc. $16,973.57
General Electric Supply Co. 17,065.15
Ace Supply Co. 17,584.13
Westinghouse Elec. Supply 17,645.18
AWARD CONTRACT FOR
ORANGE AVENUE/MARIPOSA
WAY WATER MAIN AND
LAWRENCE AVENUE WATER
MAIN, MAIN STREET TO
WASHINGTON STREET
RES. NO. 88-44 The City Council adopted Resolution No. 88-44 awarding the
contract for Orange Avenue/Mariposa Way Water Main and
CC -12(c) Lawrence Avenue Water Main, Main Street to Washington
Street to Claude C. Wood Company in the amount of
$71,598.00 and appropriated a transfer of $37,000 in funds
appropriated for Well 11 Replacement to complete this
project.
Council was advised that this project consists of
installing Master Plan water mains and fire hydrants in
deficient areas. The projects were budgeted separately but
are being bid as one project to save staff time and
hopefully reduce contract amounts. In addition to this, it
will eliminate several dead end water mains and allow for
the abandonment of some aging and high maintenance 2 -inch
main lines that run in easements behind houses and that
serve the park facilities at the Armory Softball Park and
the Grape Bowl area.
The added expense is for additional footage of water main
to tie in dead ends and for City labor forces to tie in the
residences to the new mains. The Well 11 project will not
be completed this fiscal year and sufficient funds remain
in the project to continue work.
Plans and specifications for this project were approved on
March 16, 1988.
The City received the following four bids for this project:
BIDDER BID
Engineer's Estimate $64,900.00
Claude C. Wood $71,598.00
Trans National Services $79,956.84
Crutchfield Construction $82,633.00
David Ontiveros $84,866.00
SPECIFICATIONS FOR
THE PURCHASE OF
600 -VOLT TRIPLEX
XLPE TRIPLEX CABLE
APPROVED Council approved the specifications for 20,000 feet of #1/0
Aluminum 600 -Volt XLPE Triplex Cable, and authorized
CC -12.1(b) advertisement for bids. The cable will be used throughout
the City to serve developments currently planned for
construction, and to maintain an inventory for other needs
as they develop. Some of the specific projects requiring
this cable are as follows:
398
Continued April 6, 1988
Apple Orchard
Sun West #9
Awani Estates
Mokel umne#2
PURCHASE AND
APPROPRIATION OF
FUNDS FOR FIVE
POLICE VEHICLES
APPROVED Council appropriated $55,000 from the General Fund
Operating Reserve and authorized the purchase of five
CC -12.1(b) police patrol vehicles. Council was advised that the
Building and Maintenance Superintendent has notified the
City that Staff should purchase five replacement police
patrol vehicles. This would normally be budgeted in the
1988-89 budget year. The cut-off for the State Office of
Procurement is March 31. If the equipment is not ordered
now, it will not be received until the 1989 models are
available, sometime late 1989 or early 1990.
RECRUITMENT FOR,
AND HIRING OF, A
PERSONNEL DIRECTOR
FOR THE CITY OF
LODI, APPROVED The City Council approved the establishment of the
management level position of Personnel Director at a
CC -34 monthly total compensation control point of $3,976, and
authorized the recruitment and hiring of same.
PRESENTATION AND
DISTRIBUTION DATE
SET FOR THE DRAFT
ENVIRONMENTAL IMPACT
REVIEW/ENVIRONMENTAL
ASSESSMENT OF THE
PROPOSED 230 -KV
ELECTRIC INTER-
CONNECTION BETWEEN
THE CITY OF LODI
AND THE WESTERN
AREA POWER
ADMINISTRATION Council set April 20, 1988 for presentation and
distribution of the Draft Environmental Impact
CC -51(e) Review/Environmental Assessment of the proposed 230 -KV
Electric Interconnection between the City of Lodi and the
Western Area Power Administration for public review and
comment.
ORDINANCE INTRODUCED
RELATING TO STANDARDS
AND FUNDING FOR
TRAINING OF
DISPATCHER/CLERKS
ORD. NO. 1423
INTRODUCED Council was advised that a recent change in the law
prohibits The Commission On Peace officer Standards in
CC -34 Training (POST) from any longer paying for mandated
CC -152 training for dispatchers/jailers. All funding for this
CC -181 type of training is now under the State Board of
Corrections, under the Standards and Training of
Corrections Program (STC) In order to qualify for this
funding, it is necessary for the City Council to pass an
ordinance ordaining that while receiving any State Aid
pursuant to Article 3, commencing with Section 6040 of the
California Penal Code, the City of Lodi will adhere to the
standards for selection and training established by the
Board of Corrections.
399
Continued April 6, 1988
Council introduced Ordinance No. 1423, entitled, "An
Ordinance of the City of Lodi Relating to Standards and
Training for Corrections Program".
COMMENTS BY CITY
COUNCIL MEMBERS
QUESTIONS REGARDING
SIDEWALK FLOWER
VENDER Staff responded to questions posed by Council Member
Pinkerton regarding the collection of sales tax as it
CC -16 pertains to sidewalk flower venders.
QUESTION POSED
REGARDING THE
SOUTHERN PACIFIC
RAILROAD DEPOT Staff responded to a question regarding the Southern
Pacific Railroad Depot, that the Southern Pacific
CC -7(h) Transportation Company had advised the City that they would
be willing to meet with the City Manager to discuss various
options regarding the subject structure.
CITIZENS URGED TO
VOTE IN APRIL 12,
1988 GENERAL
MUNICIPAL ELECTION Council Member Hinchman urged all citizens to vote in the
April 12, 1988 General Municipal Election.
CC -18
GOOD WISHES FOR A
SPEEDY RECOVERY
CONVEYED TO
CITY MANAGER Mayor Olson gave an update on the condition of City
Manager Tom Peterson. The Council, Staff and audience
wished Tom well.
COUNCIL MEMBER REID
REPORTS ON GOLDEN
STATE AWARDS
CEREMONY Council Member Reid reported on the Golden State Awards
Ceremony he recently attended.
MAYOR OLSON
APOLOGIZES FOR NOT
BEING ABLE TO
ATTEND RECENT
LODI CRIME STOPPERS
LUNCHEON Mayor Olson apologized for being unable to attend the
recent Lodi Crime Stoppers Luncheon.
COMMENTS BY THE
PUBLIC ON NON AGENDA
ITEMS
ROBO COP INTRODUCED Police Chief Floyd Williams and representatives of the Lodi
Police Department introduced to the Council and the
CC -39 Community its new Robo Cop, who as yet is unnamed.
CC -152
WATER CONSERVATION
URGED City Council Candidate Eileen St. Yves addressed the
Council urging water conservation by all citizens of this
CC -183(c) community.
I
z{ V
Continued April 6, 1988
CITIZEN COMMENTS ON
APPELLATE COURT
HEARING REGARDING
MEASURE A Walter Pruss addressed the Council regarding his
observation regarding the Appellate Court Hearing recently
CC -4(a) held pertaining to Measure A.
CC -30
CITIZEN POSES
QUESTIONS REGARDING
RECENT COUNCIL
ACTION Janet Pruss addressed the Council inquiring about the
Council's vote at the March 2, 1988 meeting regarding the
CC -16 Planning Commissions' recommendation concerning a 2% growth
rate.
PUBLIC HEARINGS Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Olson called for the Public
Hearing to consider implementation of a moratorium on
processing development proposals of properties currently
outside the city limits.
CONSIDER
IMPLEMENTATION OF A
MORATORIUM ON
PROCESSING DEVELOPMENT
PROPOSALS OF PROPERTIES
CURRENTLY OUTSIDE
THE CITY LIMITS
URGENCY ORDINANCE
NO. 1424 ADOPTED Mayor Pro Tempore Snider asked that the record show that he
had announced that he was involved in property acquisition
CC -46 outside the city limits and asked if he needed to abstain
CC-53—(�'-i from discussion and voting on this matter.
City Attorney Stein indicated that it would not be
necessary for Mayor Pro Tempore Snider to abstain.
Council was apprised that the White Slough Water Pollution
Control Facility (WSWPCF) is presently receiving
approximately 6.0 million gallons per day. The currently
designed capacity of the plant is 5.8 million gallons per
day. In October of 1987, the City Council awarded a
contract for interim aeration improvements at the Plant.
It is anticipated that these interim improvements will be
completed in March of 1988 and will provide the plant with
a new capacity of 6.2 million gallons per day.
A capacity evaluation of the White Slough Water Pollution
Control Facility was presented for Council's perusal. This
evaluation shows that, with the development of the existing
residential lots and acreage already within the City
limits, the plant with its interim improvements will again
be at capacity prior to January 1990. The City's proposed
plant expansion project which will increase the capacity
from 6.2 million gallons per day to 8.5 million gallons per
day is not scheduled to be completed until January of 1991.
It is therefore Staff's recommendation that the City of
Lodi not process any new annexation proposals until
domestic sewer capacity is available for projects currently
lying outside the City limits.
zir,1
Continued April 6, 1988
A draft ordinance prepared by the City Attorney covering
the subject matter which included the Council's direction
on providing for development of commercial and industrial
projects on a case-by-case basis was presented for
Council's review.
There were no persons in the audience wishing to address
the Council on this matter and the public portion of the
hearing was closed.
Following discussion, on motion of Mayor Pro Tempore
Snider, Hinchman second, Council adopted Urgency Ordinance
1424 entitled, "An Urgency Ordinance of the Lodi City
Council Amending Title 17 Zoning and Chapter 13.12 of the
Lodi Municipal Code".
The motion carried by unanimous vote of the City Council.
Following additional discussion, Council, on motion of
Council Member Hinchman, Reid second, set a Public Hearing
for the Regular Council Meeting of May 4, 1988 to determine
whether or not to defer the November 1988 election on
measures pertaining to the "Green Belt" initiative, adopted
by the electorate on August 25, 1981 to June 1989.
PUBLIC HEARING TO
CONSIDER ADOPTION
OF RESOLUTION OF
NECESSITY FOR THE
ACQUISITION OF
FIVE PARCELS OF
LAND ON THE WEST
SIDE OF HUTCHINS
STREET BETWEEN
TAMARACK DRIVE AND
VINE STREET BY
EMINENT DOMAIN
PROCEDURES
RES. NO. 88-45 Notice thereof having been published according to law, an
affidavit of which is on file in the office of the City
CC -27(a) Clerk, Mayor Olson called for the public hearing to
CC -161 consider adoption of a Resolution of Necessity for the
acquisition of five parcels of land on the west side of
Hutchins Street, between Tamarack Drive and Vine Street by
eminent domain procedures.
The matter was introduced by City Attorney Stein who
advised that, at the March 2, 1988 City Council meeting,
Council set a hearing for April 6, 1988 to consider
adoption of a resolution of necessity for the acquisition
of the right of way necessary for the widening of South
Hutchins Street, Rimby to Vine, by eminent domain
proceedings, pursuant to Code of Civil Procedure Section
1245.220. Notice of said hearing was mailed to the
property owners on March 10, 1988. The City's land
acquisition agent, Jerry Heminger, has been in contact and
working with the property owners, and the City has
agreements with all excepting the owners of four parcels,
2, 3, 11 and 12.
The power of eminent domain may be exercised to acquire
property for a proposed project only if all of the
following are established:
1. The public interest and necessity require the project.
402
Continued April 6, 1988
2. The project is planned or located in the manner that
will be most compatible with the greatest public good
and the least private injury.
3. The property sought to be acquired is necessary for the
project.
State law provides that a public entity may exercise the
power of eminent domain only if it has adopted a resolution
of necessity by a vote of two-thirds of all of the members
of the governing body.
Council was apprised that it is important to be aware that,
once the resolution of necessity has been adopted, the City
must commence an eminent domain proceeding to acquire the
property within six months after the date of adoption or,
if the City has filed such proceeding, the City must serve
the complaint and the summons relating to the proceeding.
If it does not the property owner may file an action for
inverse condemnation to:
1. Require the City to take the property and pay
compensation therefor, and/or
2. Recover damages from the City for the interference with
the possession and use of the property resulting from
adoption of the resolution.
However, the City Council is permitted to rescind the
resolution of necessity as a matter of right at any time
before the property owner commences an action.
Diagrams of the subject areas were presented for Council's
review.
There being no persons in the audience wishing to speak on
the matter, the public portion of the hearing was closed.
Following additional discussion, on motion of Council
Member Reid, Hinchman second, Council adopted Resolution
No. 88-45 - Resolution of Necessity for the Acquisition of
Four Parcels of Land on the West Side of Hutchins Street,
Between Tamarack Drive and Vine Street, by Eminent Domain
Procedures. The motion carried by unanimous vote of the
Council.
PUBLIC HEARING TO
CONSIDER RESOLUTION
TO VACATE A PORTION
OF THE PUBLIC UTILITY
EASEMENTS ALONG THE
EAST LINE OF LOWER
SACRAMENTO ROAD,
BETWEEN TAYLOR ROAD
AND VINE STREET, AND
THE NORTH AND SOUTH
LINES OF ST. MORITZ
DRIVE
RES. NO. 88-46 Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -52(b) the City Clerk, Mayor Olson called for the Public Hearing
to consider a Resolution to vacate a portion of the public
utility easements along the east line of Lower Sacramento
Road, between Taylor Road and Vine Street, and the North
and South Lines of St. Moritz Drive.
8
Continued April 6, 1988
The matter was introduced by Community Development Director
Schroeder who advised that, at its meeting of March 16,
1988, the City Council adopted a resolution of intention to
vacate a portion of the public utility easements along the
east line of Lower Sacramento Road, between Taylor Road and
Vine Street, and the north and south lines of St. Moritz
Drive, and referred the matter to the Planning Commission.
The Planning Commission determined at its meeting of March
28, 1988 that there was no public need, present or future,
for this portion of the easements.
The owners have paid the required fees to process this
abandonment. Pacific Bell, PG&E, King Videocable Company,
and City utilities have been notified of this proposed
abandonment. Pacific Bell, PG&E, and King Videocable have
approved this abandonment and approval of the City
Utilities Department will be secured prior to the final
action.
A sketch of the proposed abandonment was presented for
Council's review.
There being no persons in the audience wishing to speak on
the matter, the public portion of the hearing was closed.
On motion of Council Member Hinchman, Snider second,
Council adopted Resolution/Order No. 88-46 -
Resolution/Order Vacating a Portion of the Public Utility
Easements Along the East Line of Lower Sacramento Road,
Between Taylor Road and Vine Street and the North and South
Lines of St. Moritz Drive.
PUBLIC HEARING TO
CONSIDER RESOLUTION
TO VACATE A PORTION
OF THE PUBLIC UTILITY
EASEMENT ALONG THE
WEST LINE OF 122
RIVERGATE PLACE
RES. NO. 88-47
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -52(b)
the City Clerk, Mayor Olson called for the Public Hearing
to consider a Resolution to vacate a portion of the public
utility easements along the west line of 122 Rivergate
Place. The matter was introduced by Community Development
Director James Schroeder who advised that, at its meeting
of March 16, 1988, the City Council adopted a resolution of
intention to vacate a portion of the public utility
easement at 122 Rivergate Place and referred the matter to
the Planning Commission.
The Planning Commission determined at its meeting of March
28, 1988 that there was no public need, present or future,
for this portion of the easement.
The owners have paid the required fees to process this
abandonment. Pacific Bell, PG&E, King Videocable Company,
and City utilities have been notified of this proposed
abandonment and their approval has been secured.
A sketch of the proposed abandonment was presented for
Council's review.
There were no persons in the audience wishing to speak on
the matter, and the public portion of the hearing was
closed.
Continued April 6, 1988
On motion of Council Member Reid, Hinchman second, Council
adopted Resolution/Order No. 88-47 - Resolution/Order
Vacating a Portion of the Public Utility Easement Located
at 122 Rivergate Place.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Reports of the Planning Commission Meeting of
March 14, 1988 and March 28, 1988.
CC -35
PLANNING COMMISSION
MEETING OF MARCH 14,
1988 OF INTEREST TO THE CITY COUNCIL
1. Took no action on the request of Nabuo Kishida for the
approval of a Tentative Parcel Map to divide 107 Kelly
Street (APN 049-060-05) into Parcels "A" and "B" in an
area zoned M-2, Heavy Industrial.
Research conducted by Dillon Engineering determined
that Mr. Kishida, in fact, owned three parcels rather
than one which eliminated the need for a Parcel Map.
2. Approved the Tentative Subdivision Map for Ham Lane
Professional Center No. 2, a 1 -lot, 3.6 acre office
project located at the southwest corner of West Lodi
Avenue and South Ham Lane in an area zoned R -C -P,
Residential -Commercial -Professional as requested by
Terry Piazza, c/o Baumbach and Piazza, Consulting
Engineers, on behalf of Avenue Investments.
3. Approve the Lot Line Adjustment between 1190 and 1210
South Cherokee Lane (APN's 047-280-12 and 13) in an
area zoned C-2, General Commercial, as requested by
Glen I. Baumbach, c/o Baumbach and Piazza, Consulting
Engineers, on behalf of Richard Sanborn.
4. Approved the Lot Line Adjustment between Lots 4 and 5,
Hansen Industrial Park (i.e. 101 and 111 Hansen Drive)
in an area zoned M-1, Light Industrial, as requested by
Terry Piazza, c/o Baumbach and Piazza, Consulting
Engineers, on behalf of Geweke Properties.
Took no action on the referral by the San Joaquin
County Planning Division on the request of Baumbach and
Piazza on behalf of Del Rio Properties for the approval
of the Tentative Subdivision Map of Del Rio, a 21.5
acre, 86 lot residential project on the north side of
Woodbridge Road, approximately 600 feet west of the
intersection of Mokelumne Street, Chestnut Street and
Woodbridge Road, Town of Woodbridge.
6. Recommended approval of the referral by the San Joaquin
County Planning Division of the request of Rocha's
Mortuary for a Use Permit to construct a mausoleum and
to expand the area of an existing cemetery on the south
side of East Pine Street, approximately 2000 feet west
of Cluff Road, east of Lodi.
PLANNING COMMISSION
ACTIONS - MARCH 28,
1988 FOR ACTION OF THE CITY COUNCI
1. Recommended approval of the following requests of David
Arnaiz on behalf of H. 0. Arnaiz Corporation:
10
Continued April 6, 1988
(}rZ
a. to amend the Land Use Element of the Lodi General
Plan by redesignating the 9.2 acre parcel at the
northwest corner of State Route 99 and East Turner
Road from Commercial to Low Density Residential;
b. to rezone the 9.2 acre parcel at the northwest
corner of State Route 99 and East Turner Road from
C -S Commercial Shopping to R-1, Single Family
Residential; and
c. to certify the filing of a Negative Declaration as
adequate environmental documentation on the above
requests.
On motion of Council Member Hinchman, Reid second, Council
set the heretofore listed items a, b, and c for public
hearing at the Council Meeting of April 20, 1988.
Further, the Planning Commission -
Determined that no public need existed and recommended
that the easterly 3 feet of an existing 5 foot public
utility easement along the west side of 122 Rivergate
Place (APN 041-420-11) be abandoned.
Determined that no public need existed and recommended
that the interior 4 feet of a 10 foot public utility
easement along the west and south sides of a 7.64 acre
parcel at the northeast corner of Lower Sacramento Road
and St. Moritz Drive (APN 027-040-49) and the interior
4 feet of a 10 foot easement along the west and north
sides of a 4.73 acre parcel at the southeast corner of
Lower Sacramento Road and St. Moritz Drive
(APN 027-040-50) be abandoned with the condition that
the abandonments conform to any requirements of Pacific
Bell.
ITEMS OF INTEREST TO THE CITY COUNCIL
1. Conditionally approved the request of David Arnaiz on
behalf of the H.D. Arnaiz Corporation for the Tentative
Subdivision Map of Mokelumne Village East, a 9.2 acre
38 lot single-family residential project proposed for
the northwest corner of State Route 99 and East Turner
Road.
2. Conditionally approved the request of David Machado on
behalf of Central Valley Cinemas, Inc. for a Use Permit
to construct a 7 -screen moving picture complex
containing 580 seats at the Kettleman Station Complex
on the south side of Kettleman Lane, opposite Central
Avenue, in an area zoned C-2, General Commercial.
3. Denied the following requests of Lloyd P. Gums:
to amend the Land Use Element of the Lodi General
Plan by redesignating the property located at 537
Hilborn Street from residential to commercial;
b. to rezone the property at 537 Hilborn Street from
R-1, Single -Family (Moratorium - East Side zoning)
to C-2, General Commercial; and
c. to certify a Negative Declaration as adequate
environmental documentation on the above projects.
11
M
Continued April 6, 1988
The Planning Commission denied these requests because of
(1) concern of further commercial encroachment into the
neighborhood, and (2) the subject property could be
developed as a single-family residence similar to other
parcels in the area.
4. Conditionally approved the request of Glen I. Baumbach,
Baumbach and Piazza, Consulting Engineers, on behalf of
Frank Johnson for a Tentative Parcel Map to divide 633
East Victor Road into Parcel "A" containing 0.25 acres
and Parcel "B" containing 0.70 acres in an area zoned
M-1, Light Industrial.
5. Took no action on the request of Glen I. Baumbach,
Baumbach and Piazza, Consulting Engineers, on behalf of
Stan Harris, et al for a Variance to permit 46 of the
required 180 off-street parking stalls to be developed
for a new warehouse with the condition that all the
spaces will be developed at such time as the building
occupancy is changed at 631 North Cluff Avenue in an
area zoned M-2, Heavy Industrial.
The Planning Commission asked that the matter be
referred to the City Attorney's office for the
preparation of a deferral agreement between the land
owner and the City of Lodi.
Determined that a "Zoning Hardship" did not exist and
denied the request of Glen I. Baumbach, Baumbach and
Piazza, Consulting Engineers, on behalf of Lodi
Memorial Hospital to permit the erection of a three
story professional office building where a maximum of
two stories is allowed at 975 South Fairmont Avenue in
an area zoned R -C -P, Residential -Commercial -
Professional.
On Motion of Council Member Hinchman, Reid second, Council
also set the following items for public hearing at the
regular council meeting of April 20, 1988:
a) The appeal of Michael D. Hakeem, Attorney -at -Law,
Rishwain, Hakeem and Ellis, representing David Arnaiz
on behalf of the H. 0. Arnaiz Corporation, on the
following conditions imposed by the Planning Commission
on the approval of the Tentative Subdivision Map of
Mokelumne Village East, a 9.2 acre, 38 lot,
single-family residential project proposed for the
northwest corner of State Route 99 and East Turner
Road:
I. The requirement to be responsible for one-half of
the cost for the installation of the water main
crossing at Highway 99.
II. The requirement to provide access right-of-way to
the sewage lift station from cul-de-sac
b) The appeal of Lodi Memorial Hospital of the Planning
Commissions denial, based on its determination that a
"Zoning Hardship" did not exist, to permit the erection
of a three story professional office building where a
maximum of two stories is allowed at 975 South Fairmont
Avenue in an area zoned R -C -P, Residential -Commercial -
Professional.
CLOSED SESSION At approximately 8:40 p.m., the City Council adjourned to a
"Closed Session" regarding personnel.
12
--ZO J
Continued April 6, 1988
CITY ATTORNEY
APPOINTED The Council meeting was reconvened at approximately 9:05
p.m. On Motion of Mayor Pro Tempore Snider, Hinchman
CC -6 second, the City Council announced the appointment of Bobby
CC -34 W. McNatt as City Attorney effective May 2, 1988 and
directed that an Employment Agreement be drawn up with Mr.
McNatt for Council's approval at a later date. The motion
carried by unanimous vote of the City Council.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On recommendation of the City Attorney and Leonard J. Russo
Insurance Services, Inc., the City's Contract
Administration, Council, on motion of Council Member
Pinkerton, Hinchman second denied the following claim and
referred it back to the City's Contract Administrator:
A) Patricia Noel, Date of loss 11/25/87
ABC LICENSE
APPLICATIONS
City Clerk Reimche presented the following ABC License
applications which had been received:
CC -7(f)
a) Eliexser/Estefana R. Olavarrieta
Eliexser's Marketa Deli
116 West Turner Road, Suite C
Off Sale Beer and Wine, Original License
b) Frances McCarver, et al
Playboy Club
7 South Sacramento Street
On Sale General Public Premises
Person to Person Transfer
c) Jerold G. and Evelyn Goldman
305 South Hutchins Street
On Sale Beer and Wine Eating Place
Person to Person Transfer
RESOLUTION REGARDING
SCHOOL FUNDING Following receipt of a request to adopt a resolution in
support of the School Funding for Instructional Improvement
CC -7(e) and Accountability Initiative and Council discussion, the
CC -28 City Council directed the City Clerk to obtain additional
information and requested that a presentation by the
supporters of this request be given regarding the matter at
a future Council meeting.
APPOINTMENT TO PARKS
AND RECREATION
COMMISSION On motion of Council Member Reid, Hinchman second, Council
concurred with the Mayor's appointment of Robert J. Johnson
CC -2(h) to the City of Lodi Parks and Recreation Commission.
COUNCIL ACTS ON
URGENCY APPOINTMENT
TO THE CITY OF LODI
PERSONNEL BOARD
OF REVIEW Following a report, regarding the receipt of a wire
from Peter Tussey, resigning from the City of Lodi
CC -2(f) Personnel Board of Review and the need for urgency action
on the posting of the subject vacancy, Council, on motion
of Council Member Hinchman, Pinkerton second, voted to
place this matter on the agenda for action by the City
Council.
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4J6
Continued April 6, 1988
Upon the sale of the property, the principle sum plus
contingent interest equal to the percentage of the value of
the increase in the fair market value of the property at
the time of sale over the purchase price of the property
shall be paid. If no sale of the property is made prior to
30 years, the principal plus an additional sum equal to the
percentage of the value of the increase in the appraised
fair market of the property over the purchase price of the
property shall be due and payable.
The Contingent Deferred Concept was developed primarily for
assistance to mobilehome parks converting to resident
ownership, where, due to adverse market conditions, Chula
Vista becomes a participant in substantial risk and, for
that reason, it was agreed it should participate in equity
gain as well.
However, Chula Vista does not use the Contingent Deferred
Interest for their standard single family rehab program for
reasons common to many communities:
Deferred loans are tough to sell, especially to the
elderly, due to:
1. People's general distrust of government;
2. Houses owned "free and clear" should remain
unencumbered for heirs.
3. Interest charges makes deferred loans even less
attractive, especially if neighborhood property values
are unstable.
It was Staffs conclusion that, although the Contingent
Deferred Interest concept would be the most equitable way
to collect interest on deferred loans, it would not enhance
the marketability of deferred loan programs. Since
deferred loans for single family rehab typically experience
marketing problems, charging interest rates was not
recommended.
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On motion of Council Member Reid, Hinchman second, Council
directed the City Clerk to make the necessary posting
required by law regarding this vacancy on the City of Lodi
Personnel Board of Review.
REGULAR CALENDAR
AMENDMENT TO LODI
HOUSING REHABILITATON
GUIDELINES INCLUSION
OF INTEREST FOR
DEFERRED PAYMENT
LOANS
RES. NO. 88-48
The City Council was apprised that upon adopting the City's
Single Family Housing Rehabilitation Guidelines, City
CC -25
Council expressed interest in the possibility of
CC -57
including interest rates for deferred interest loans.
Inasmuch as the Rehab Guidelines specifically excluded
charging interest on deferred loans (0%), the Guidelines
were adopted omitting the 0% interest rate, pending further
investigation by City Staff.
After a period of research, the Contingent Deferred
Interest concept, as developed by the City of Chula Vista,
appeared to be the most equitable way to charge interest on
deferred loans:
Upon the sale of the property, the principle sum plus
contingent interest equal to the percentage of the value of
the increase in the fair market value of the property at
the time of sale over the purchase price of the property
shall be paid. If no sale of the property is made prior to
30 years, the principal plus an additional sum equal to the
percentage of the value of the increase in the appraised
fair market of the property over the purchase price of the
property shall be due and payable.
The Contingent Deferred Concept was developed primarily for
assistance to mobilehome parks converting to resident
ownership, where, due to adverse market conditions, Chula
Vista becomes a participant in substantial risk and, for
that reason, it was agreed it should participate in equity
gain as well.
However, Chula Vista does not use the Contingent Deferred
Interest for their standard single family rehab program for
reasons common to many communities:
Deferred loans are tough to sell, especially to the
elderly, due to:
1. People's general distrust of government;
2. Houses owned "free and clear" should remain
unencumbered for heirs.
3. Interest charges makes deferred loans even less
attractive, especially if neighborhood property values
are unstable.
It was Staffs conclusion that, although the Contingent
Deferred Interest concept would be the most equitable way
to collect interest on deferred loans, it would not enhance
the marketability of deferred loan programs. Since
deferred loans for single family rehab typically experience
marketing problems, charging interest rates was not
recommended.
14
Wt)
Continued April 6, 1988
Following discussion, on motion of Council Member Snider,
Hinchman second, Council adopted Resolution No. 88-48
amending the Lodi Housing Rehabilitation Guidelines
pertaining to the single-family housing rehabilitation
program to include a statement of no interest charges on
deferred payment loans.
REQUEST FOR CITY
SUPPORT AND COMMITTED
INVOLVEMENT REGARDING
PRIORITIES FOR SERVICE
ENHANCEMENTS TO AMTRAK
"SAN JOAQUIN" AFFECTING
SAN JOAQUIN COUNTY Following a lengthy discussion regarding the request from
William N. Sousa, Chairman of the San Joaquin County Board
CC -7(h) of Supervisors, for the City of Lodi's support and
committed involvement regarding priorities for service
enhancements to Amtrak "San Joaquins" affecting San Joaquin
County, Council suggested that this be a subject for a
presentation at a future Cities and County of San Joaquin
Association meeting.
AGREEMENT FOR
ARCHITECTURAL
SERVICES FOR
DESIGN OF
HUTCHINS STREET SQUARE
SENIOR COMPLEX Following a lengthy discussion regarding the proposed
Agreement for Architectural Services for the Design of
CC -6 the Hutchins Street Square Senior Complex, with questions
CC -27(e) being directed to Staff, Council took the following
CC -90 actions:
15
a) On motion of Mayor Pro Tempore Snider, Hinchman second,
Council authorized the City Manager and City Clerk to
execute the subject agreement. Staff was directed to
seek further information regarding the possible need
for additional insurance.
b) On motion of Council Member Reid, Hinchman second,
Council directed the Assistant City Manager to place
this matter on the agenda for the Regular Council
Meeting of April 20, 1988, at which time he was also
requested to have a proposed appropriation of funds to
cover the cost of the services covered by the subject
Agreement.
ACTION ON AWARD OF
CONTRACT FOR SOFTBALL
COMPLEX FENCE
REPLACEMENT
DEFERRED
Following discussion, with questions being directed to
Staff, Council, on motion of Mayor Pro Tempore Snider, Reid
CC -20
second, deferred action on Agenda item E-8 - "Award
Contract for Softball Complex Fence Replacement, 402 North
Stockton Street" until the regular Council meeting of April
20, 1988 to allow Staff time to review questions that were
posed regarding this project.
The motion carried by the following vote:
Ayes: Council Members - Pinkerton, Reid, Snider,
and Olson (Mayor)
Noes: Council Members - Hinchman
Absent: Council Members - None
15
41U
Continued April 6, 1988
PURCHASE OF MIRACLE
RECREATION EQUIPMENT
APPROVED Following a finding that, pursuant to Lodi Municipal Code
Section 3.20.070, the Lodi City Council determined that the
CC -12(d) recommended purchase would be in the best interest of the
CC -20 City, Council, on motion of Council Member Reid, Pinkerton
second, approved the purchase of three Lok-ville Play
Systems from Miracle Recreation Company at a cost of
$18,392.06 plus tax for installation at Beckman, Lawrence
and Emerson Parks. Funding for this equipment will come
from the 1986 Parklands Account No. 44.2-760.73.
EMERGENCY PURCHASE
OF 3/4 TON PICKUP
TRUCK FOR THE
PUBLIC WORKS
DEPARTMENT
APPROVED Following Council approval, on motion of Council Member
Pinkerton, Hinchman second, to add this item to the
CC -20 Agenda as an urgency item, Council, on motion of Council
Member Pinkerton, Snider second, appropriated $14,000 from
the 12 Equipment Fund to purchase a 3/4 ton pickup for the
Public Works Department.
ADJOURNMENT There being no further business to come before the Council,
Mayor Olson adjourned the meeting at approximately 10:15
p.m. to Tuesday, April 19, 1988 at 7:30 p.m.
ATTEST:
Alice M. Re mche
City Clerk
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