HomeMy WebLinkAboutMinutes - April 1, 1987477
CLAIMS CC -21(a) Claims were approved in the amount of $1,495,576.84.
MINUTES The Minutes of March 4, March 9, and March 18, 1987 were
approved as written.
DESTRUCTION OF
CERTAIN CITY CLERK'S
RECORDS APPROVED
RES. NO. 87-40 Council adopted Resolution No. 87-40 approving the
destruction of certain records retained by the City Clerk's
CC -6 office as approved by the City Attorney pursuant to
CC -162 Government Code Section 34090.
AWARD - CONTRACT
FOR FAIRMONT AVENUE
WATER MAIN
RES. NO. 87-41 City Manager Peterson presented the following bids which
had been received for the contract for "Fairmont Avenue
CC -12(a) Water Main":
1
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, APRIL 1, 1987
7:30 P.M.
ROLL CALL
Present: Council Members - Hinchman, Olson,
Pinkerton, Snider, and Reid (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, Finance Director Holm, City Attorney
Stein, and City Clerk Reimche
INVOCATION
The invocation was given by Pastor Darrell Thomas, First
United Methodist Church.
PLEDGE OF
The Pledge of Allegiance was led by Mayor Reid.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS
Mayor Reid presented the following proclamations:
CC -37
A) "Week of the Young Child"
B) "National Community Development Week"
CERTIFICATE OF
Mayor Reid presented a Certificate of Appreciation to
APPRECIATION
Planning Commissioner Joanne Hoffman who had recently
submitted to the Council a letter of resignation from that
CC -2(q)
Commission.
CC -9
REPORTS OF THE
CITY MANAGER
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Hinchman,
Olson second, 'approved the following actions hereinafter
set forth:
CLAIMS CC -21(a) Claims were approved in the amount of $1,495,576.84.
MINUTES The Minutes of March 4, March 9, and March 18, 1987 were
approved as written.
DESTRUCTION OF
CERTAIN CITY CLERK'S
RECORDS APPROVED
RES. NO. 87-40 Council adopted Resolution No. 87-40 approving the
destruction of certain records retained by the City Clerk's
CC -6 office as approved by the City Attorney pursuant to
CC -162 Government Code Section 34090.
AWARD - CONTRACT
FOR FAIRMONT AVENUE
WATER MAIN
RES. NO. 87-41 City Manager Peterson presented the following bids which
had been received for the contract for "Fairmont Avenue
CC -12(a) Water Main":
1
Continued April 1, 1987
PLANS AND
SPECIFICATIONS FOR
TOKAY STREET
RECONSTRUCTION,
SPRR TO STOCKTON
STREET APPROVED
CC -12.1(c)
BIDDER BID
Engineer's Estimate
$23,384.00
Amerine Systems
$26,684.00
Nor Cal Construction
$28,001.00
Lubenko Construction Co.
$29,440.00
Bowers Co.
$29,550.00
Claude C. Wood Co.
$29,795.00
Brock Construction
$31,920.00
Crutchfield Construction
$34,056.50
R.H. & Co.
$35,532.00
K.R. Larsen
$36,230.00
Daniel Ontiveros
$37,966.00
Pacific Asphalt
$39,760.00
This project consists of a master plan water main and fire
hydrant that will be installed prior to overlaying Fairmont
Avenue.
Plans and specifications for this project were approved on
March 4, 1987.
Council adopted Resolution No. 87-41 awarding the contract
for "Fairmont Avenue Water Main" to Amerine Systems in the
amount of $26,684.00.
Council approved the plans and specifications for "Tokay
Street Reconstruction, SPRR to Stockton Street", and
authorized advertising for bids thereon.
This project includes minor storm drain work and
reconstruction of the pavement. Due to the nature of
industries having access on this portion of Tokay Street, a
number of measures have been taken to minimize and equalize
the disruption to their operations. They include:
- separation of this work and the overlay planned
for Tokay Street, Stockton to Cherokee, into two
separate projects;
- replacement of curb and gutter by informal
contract prior to the street work;
- pavement design using full depth asphalt concrete
instead of rock base and asphalt concrete;
- scheduling work for the month of June.
The total project estimate includes the work being done
under separate contract.
DEVELOPMENT AGREEMENT
FOR LOCKEFORD PLACE
LOCATED AT 225 WEST
LOCKEFORD STREET
APPROVED Council approved the development agreement for Lockeford
Place at 225 West Lockeford Street, and directed the City
CC -46 Manager and City Clerk to execute the development agreement
on behalf of the City.
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479
Continued April 1, 1987
Council was apprised that Bennett and Compton, Inc., the
developer of this parcel, has furnished the City with the
improvement plans, the necessary agreements, guarantees,
insurance certificates and fees for the proposed
development.
This development is located at 225 West Lockeford Street.
It is zoned C-2 and will be the location of 4 fourplex
residential buildings containing 16 units.
PURCHASE AND
STANDARDIZATION OF
CONDENSER REPLACEMENT
FOR THE PUBLIC SAFETY
BUILDING APPROVED Council approved the purchase and standardization of
CC -20 condenser replacement at the Public Safety Building.
CC -47 Council was apprised that during the past budget year the
other condenser unit was replaced by formal contract and
was relocated from an outside basement pit to ground level.
The remaining condenser unit now needs replacement and the
recommended standardization will minimize problems with
maintenance and parts.
To improve operations the replacement unit will also be
relocated from below ground level to ground level. The
relocation will be performed by Building Maintenance
personnel and the replacement unit will be purchased
directly from the manufacturer and installed by a local
mechanical service firm.
AWARD - PURCHASE OF
POLEMOUNT TRANSFORMERS
RES. NO. 87-42 City Manager Peterson presented bids which had been
received for the purchase of one 25 KVA, four 37.5 KVA, ten
CC -12(d) 50 KVA, ten 75 KVA and one 100 KVA single-phase
pole -mounted transformers.
On recommendation of the City Manager, Council adopted
Resolution No. 87-42 awarding the bid for the purchase of
polemount transformers as follows:
Westinghouse Electric Supply Co. (WESCO)
10 - 50 KVA C. P. $ 8,130.20
1 - 25 KVA Conv. 501.38
$ 8,631.58
General Electric Supply Co.
10 - 75 KVA. C.P. $12,645.80
1 - 100 KVA C.P. 1,507.32
4 - 37.5 KVA Conv. 2,607.60
5 - 75 KVA Conv. 5,591.50
22,352.22
The total cost of the award is $30,983.80
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480
Continued April 1, 1987
AWARD -
PURCHASE OF
PADMOUNT
TRANSFORMERS
RES. NO.
87-43 City Manager Peterson presented the
bids which had been
received for seven 37.5 KVA, five
50 KVA, five 75 KVA and
CC -12(d)
three 100 KVA single-phase and one
112.5 KVA, two 150 KVA,
two 225 KVA, one 300 KVA, one 750 KVA, one 1,000 KVA and
one 1,500 KVA three-phase padmount
transformers.
Following recommendation of the
City Manager, Council
adopted Resolution No. 87-43 awarding the bid for the
subject pad -mounted transformers as
follows:
RTE Corporation
7 - 37 1/2 KVA single-phase 240/120
$ 6,767.04
5 - 50 KVA "
5,225.80
1 - 112 1/2 KVA three-phase 208Y/120 3,446.06
2 - 225 KVA 11 -
9,109.64
2 - 150 KVA three-phase 408Y/277
7,133.80
1 - 300 KVA
5,023.34
Maydwell & Hartzell, Inc.
5 - 75 KVA single-phase 240/120
$ 6,704.50
3 - 100 KVA "
4,919.46
1 - 750 KVA three-phase 480Y/277
10,461.14
1 - 1000 KVA of
11 654.70
$33,739.80
General Electric Supply Co.
1 - 1500 KVA three-phase 4160Y/2400
$15,187.68
The total cost of the award is $85,633.16.
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 Reid called for the Public Hearing
regarding Council's intention to adopt a Resolution of
Necessity regarding Eminent Domain pursuant to the Code of
Civil Procedure - property located at 18695 North Kennison
Lane within San Joaquin County.
RESOLUTION OF
NECESSITY REGARDING
EMINENT DOMAIN
ADOPTED BY COUNCIL
PURSUANT TO THE CODE
OF CIVIL PROCEDURE -
PROPERTY LOCATED AT
18695 NORTH KENNISON
LANE WITHIN SAN
JOAQUIN COUNTY
RES. NO. 87-44 Council was apprised that at the March 4, 1987 City Council
meeting, Council set a hearing for April 1, 1987 to
4
481
Continued April 1, 1987
CC -27(a) consider adoption of a resolution of necessity for the
CC -85 acquisition of water well site IOR by eminent domain
proceedings, pursuant to Code of Civil Procedure (CCP)
Section 1245.220. Pursuant to CCP Section 1245.235, notice
of said hearing was mailed to property owners William and
Marion Johnson on March 5, 1987. On March 18, 1987, the
City received written notice, pursuant to CCP Section
1245.235, from the Johnson's attorney that the Johnsons
requested to be heard at the April 1, 1987 hearing.
The City's right-of-way negotiator, Jerry Heminger, first
contacted the owners of the well site for Well 1OR in
February of 1986. Through numerous contacts, permission to
drill for a test well was granted in August of 1986. The
test well bore out the fact that there is sufficient water
for installation of a well and lab testing confirmed that
the water would meet public health standards for drinking
water.
Since confirmation and approval of the site and layout by
the California State Department of Public Health, the City
has been back negotiating with the owners, and at this time
the City has neither agreement nor deed. If the City is to
get any use this year of the water from this well, it is
imperative that the City proceed as rapidly as possible
with drilling. At the present time, the City has no
producing wells east of Cherokee Lane and, as a result,
water pressure and fire protection in the City's industrial
area are limited.
Pursuant to the code of Civil Procedure (CCP) Section
1240.030, the power of eminent domain may be exercised to
acquire property for the proposed project only if all of
the following are established:
a) The public interest and necessity require the project
b) The project is planned or located in the manner that
will be most compatible with the greatest public good
and the least private injury.
c) The property sought to be acquired is necessary for the
project.
CCP Section 1240.040 provides that a public entity may
exercise the power of eminent domain only if it has adopted
a resolution of necessity that meets the requirements of
CCP Section 1245.210 et seq. Pursuant to CCP Section
1245.240, the resolution of necessity must be adopted by a
vote of two-thirds of all of the members of the governing
body of the public entity.
Pursuant to CCP Section 1245.250 (b), the resolution of
necessity creates a presumption that the matters referred
to in Section 1240.030 are true. This presumption is a
presumption affecting the burden of producing evidence.
It is important to be aware that once the resolution of
necessity has been adopted, according to CCP Section
1245.260, 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 they do not, the
property owner may file an action for inverse condemnation
to
a) Require the City to take the property and pay
compensation therefor, and/or
Continued April 1, 1987
b) 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 under CCP
1245.260.
A diagram and further background information regarding the
matter was presented by Public Works Director Ronsko.
Mr. William Johnson, 907 Tara Place, Lodi, addressed the
Council in connection with the Resolution of Necessity
regarding Eminent Domain of their property located at 18695
North Kennison Lane. Mr. Johnson stated that his concern
is water to irrigate his acreage at the subject site; that
he wants to get water from the City at the same rate he
presently is paying; and that he wants to get water when he
needs it. He also indicated that he wanted a water line to
service the house that is located on the property.
Mr. Johnson then reported on his perception of the
negotiations regarding the subject property to date.
There being no other persons in the audience wishing to
speak on the matter, the public portion of the hearing was
closed.
A lengthy discussion followed with questions being directed
to the City Staff and to Mr. Johnson.
On motion of Council Member Snider, Hinchman second,
Council adopted Resolution No. 87-44 - A Resolution of
Necessity Regarding Eminent Domain Pursuant to the Code of
Civil Procedure - Property Located at 18695 North Kennison
Lane Within San Joaquin County.
The motion carried by the following vote:
Ayes: Council Members - Hinchman, Olson, Snider,
and Reid (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
GENERAL PLAN - LAND
USE ELEMENT AMENDMENT
AND REZONING OPPOSEO
1340 SOUTH PLEASANT
AVENUE Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -53(a) the City Clerk, Mayor Reid called for the Public Hearing to
consider the Lodi City Planning Commission's recommendation
that the General Plan - Land Use Element be amended by
redesignating 1340 South Pleasant Avenue, Lodi, from Medium
Density Residential to Commercial.
Further, notice of which had been published according to
law, affidavit of which publication is on file in the
office of the City Clerk, Mayor Reid also called for the
Public Hearing to consider the request of Jerry 0. Kelly to
rezone 1340 South Pleasant Avenue, Lodi, from R -MD, Medium
Density Multiple Family Residential, to C-2, Commercial.
6
483
Continued April 1, 1987
Community Development Director Schroeder indicated that it
would be appropriate for both matters to be heard at the
same time; however, it would be necessary to have separate
actions on each matter.
Community Development Director Schroeder then introduced
the matters, presented diagrams of the subject area, and
responded to questions regarding the subjects as were posed
by members of the Council.
Mr. Ladon G. Bader, Attorney -at -Law, representing the
property owner Mr. Jerry D. Kelly, spoke on behalf of the
matter and responded to questions regarding the subject as
were posed by members of the Council.
There being no other persons in the audience wishing to
speak on the matter, either in favor or in opposition,
Mayor Reid closed the public hearing.
A lengthy discussion followed with questions being directed
to Staff and to Mr. Bader.
Mayor Pro Tempore Olson then moved for introduction of
Ordinance No. 1398 - An Ordinance amending the General Plan
- Land Use Element by redesignating 1340 South Pleasant
Avenue, Lodi, from Medium Density Residential to
Commercial. For the purpose of discussion the motion was
seconded by Council Member Hinchman. Additional discussion
followed with Council Members sharing their concern
regarding "spot zoning".
Following the call for the questions, the motion failed to
pass by the following vote:
Ayes: Council Members - None
Noes: Council Members - Hinchman, Olson,
Pinkerton, Snider, and
Reid (Mayor)
Absent: Council Members - None
Further, consistent with this action, Council denied the
request of Jerry D. Kelly to rezone 1340 South Pleasant
Avenue, Lodi from R -MD, Medium Density Multiple Family
Residential to C-2 General Commercial.
2336 AND 2342 WEST
VINE STREET AND 900
AND 906 INTERLAKEN
DRIVE, LODI REZONED
FROM R -C -P, RESIDENTIAL -
COMMERCIAL - PROFESSIONAL
AND ASSESSOR PARCEL NO.
027-040-26 FROM U -H,
UNCLASSIFIED HOLDING
TO R-1, SINGLE-FAMILY
RESIDENTIAL
ORD. NO. 1398
INTRODUCED Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -53(a) the City Clerk, Mayor Reid called for the Public Hearing to
CC -149 consider the request of Glen I. Baumbach, c/o Baumbach and
Piazza, on behalf of Chris Keszler (Sunwest Development) to
rezone 2336 and 2342 West Vine Street, Lodi, and 900 and
906 Interlaken Drive, Lodi, from R -C -P, Residential-
ME
Continued April 1, 1987
Commercial -Professional and Assessor Parcel No. 027-040-26
from U -H, Unclassified Holding to R-1, Single -Family
Residential.
The matter was introduced by Community Development Director
Schroeder who presented a diagram of the subject area, and
responded to questions regarding the subject as were posed
by members of the Council.
Mr. Glen I. Baumbach, c/o Baumbach and Piazza, spoke on
behalf of Chris Keszler (Sunwest Development), regarding
the matter and in favor of the request.
There being no other persons wishing to speak on the
matter, the public portion of the hearing was closed.
Following discussion, Council Member Pinkerton moved
introduction of Ordinance No. 1398 - An Ordinance Amending
the Official District Map of the City of Lodi and Thereby
Rezoning 2336 and 2342 West Vine Street, Lodi, and 900 And
906 Interlaken Drive, Lodi, from R -C -P, Residential -
Commercial -Professional, and Assessor Parcel No. 027-040-26
from U -H, Unclassified Holding to R-1, Single -Family
Residential. The motion was seconded by Council Member
Hinchman and carried by unanimous vote.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
March 23, 1987:
CC -35
The Planning Commission -
ITEMS OF INTEREST
1. Conditionally approved the request of Benjamin and
Carmelita Pineda for a Use Permit for a board and care
home located at 458 Almond Drive, in an area zoned
R -MD, Residential -Medium Density. The Use Permit will
allow a maximum of 15 developmentally disabled
children.
In a related matter the Planning Commission certified
the filing of a Negative Declaration by the Community
Development Director as adequate environmental
documentation on this request.
2. Conditionally approved the request of Cecil Dillon,
Engineer, on behalf of Richard Entzi, for a lot line
adjustment to move the lot line between Lots 5 and 6,
Sunwest, Unit #4, westerly 10 feet.
Made a conditional recommendation of approval to the
San Joaquin County Planning Commission for a Use Permit
request for John Van Ruiten to utilize existing
buildings for agricultural related uses. The property
is located on the west side of Lower Sacramento Road,
3,300' south of State Route 12, south of Lodi (i.e.
14433 Lower Sacramento Road) in an area zoned GA -40,
General Agriculture 40 acre minimum.
COMMUNICATIONS
(CITY CLERK)
PUC APPLICATIONS City Clerk Reimche presented Pacific Gas and Electric
Company Application No. 87-01-032 in which it requests
CC -7(f) authority from the California Public Utilities Commission
to decrease its rates effective July 1, 1987 to "Core"
customers by about 4.3 percent or by approximately $731
million on an annualized basis.
Continued April 1, 1987
APPOINTMENT
TO PLANNING
COMMISSION On motion of Mayor Pro Tempore Olson, Hinchman second,
Council gave its consent of the Mayor's appointment of
CC -2(q) James E. Griffith to the City Planning Commission to fill
the unexpired term of Joanne Hoffman, which term is due to
expire June 30, 1990.
COMMENTS BY CITY
COUNCIL MEMBERS
SUPERINTENDENT OF
SCHOOLS LARSON
APPLAUDED FOR HIS
OUTSTANDING
CONTRIBUTIONS TO
EDUCATION AND TO
THIS COMMUNITY
CC -9
CC -43
COUNCIL
INDICATES DESIRE
TO MEET WITH NEW
SUPERINTENDENT OF
SCHOOLS
CC -43
ABOVEGROUND UTILITY
INSTALLATIONS BEING
CONSTRUCTED AS PART
OF CABLE TELEVISION
REBUILD
CC -16
CC -22(c)
On introduction of Council Member Snider and Council Member
Hinchman, Council applauded retiring Superintendent of
Schools, Ellerth Larson, for his outstanding contributions
to education and to this community.
Members of the Council also expressed their desire to meet
in the near future with the new Superintendent of Schools,
Dr. Neil Schmidt.
The subject of the King Videocable Company rebuild in this
Community was introduced by Council Members Snider and
Hinchman, and it was pointed out that apparently some
underground utility installations are now being replaced
with aboveground utility installations. According to
information received these installations are being made
without prior notification of the property owner. Staff is
presently looking into the situation.
CONCERN EXPRESSED
REGARDING LACK OF
CROSSWALKS, SIGNING,
AND FENCING IN AREA
OF KETTLEMAN LANE
AND CENTURY BOULEVARD
MEDIAN Council Member Hinchman expressed his concern regarding
lack of crosswalks, signing, and fencing in the area of the
CC -45(a) Kettleman Lane and Century Boulevard median.
CC -168
STATUS REPORT ON
LODI DROP-IN CENTER
SITE REQUESTED Following introduction of the matter by Council Member
Hinchman, City Manager Peterson was requested to provide
CC -14(b) Council, at its meeting of April 15, 1987, with a status
CC -15 report concerning the Lodi Drop -In Center site and the
CC -27(a) City's future plan for the subject site.
"SPRING CLEANUP
WEEK" ANNOUNCED It was announced that the Sanitary City -Disposal Company
ZZ will be holding its "Spring Cleanup Week", the week of
CC--V(b) April 26 - May 2, 1987.
CC -39
CC -54
Continued April 1, 1987
SUPPORT FOR
COMPREHENSIVE DELTA
LEVEE REHABILITATION
PROGRAM REQUESTED Following introduction of the subject by Mayor Pro Tempore
Olson, Staff was directed to place on the agenda for the
CC -6 Council Meeting of April 15, 1987 the request for Council's
CC -19 support and participation in the Coalition to Save Our
Delta.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS
There were no persons in the audience wishing to speak
under this segment of the agenda.
REPORTS OF THE
CITY MANAGER
REGULAR CALENDAR
REQUEST FOR 4 -WAY
STOP SIGNS, TOKAY
AND WASHINGTON
STREET
City Manager Peterson introduced the subject advising that
a petition had been received signed by twenty-five people
CC -48(h)
requesting the installation of 4 -way stop signs at Tokay
Street and Washington Street.
Ms. Michelle Turner, 303 East Tokay Street, Lodi, who
circulated the petition addressed the Council on behalf of
the matter and responded to questions as were posed by the
Council.
Following discussion, on motion of Council Member Snider,
Olson second, Council referred the matter to Staff for its
analysis and recommendation.
Further, Council requested additional police enforcement in
the subject area as it pertains to truck traffic.
CONSIDERATION OF
ORDINANCE RELATING
TO SOLID WASTE
TRANSPORTATION
WITHIN THE CITY
City Attorney Stein reminded the Council that he had been
requested to prepare an ordinance which would require that
CC -24(b)
no solid waste and/or garbage shall be removed and carried
CC -54
on and along the streets and alleys of the City, unless
such materials are enclosed or otherwise secured so as to
prevent the waste and/or other garbage from being blown,
dropped, spilled, or leaked.
The proposed ordinance was to conform with San Joaquin
County's new requirements that all such matter that is
being taken to the Harney Lane Landfull shall be so secured.
A lengthy discussion followed with questions regarding the
subject being directed to City Attorney Stein and other
staff members.
On motion of Council Member Snider, Pinkerton second,
Council determined not to act on the proposed ordinance.
REPORT BY CITY
ATTORNEY REGARDING
BIDDING PROCEDURE
REQUIREMENTS City Attorney Stein presented a report regarding bidding
procedure requirements. A lengthy discussion followed with
CC -159 questions regarding the matter being directed to Mr. Stein
10
Continued April 1, 1987
and other staff members. No formal action was taken by the
Council regarding the matter.
PURCHASING OFFICER,
JOEL HARRIS,
INTRODUCED Finance Director Robert Holm introduced the City's new
Purchasing Officer, Mr. Joel Harris.
CC -34
REVIEW OF AB 229
(LEONARD) Agenda item K-4 - "Review of AB 229 (Leonard) which bill
redefines 'retailer engaged in business in this State' to
CC -28 include out of state retailers who are advertising or
soliciting by mail or electronic media to consumers located
in the State of California" was introduced by City Manager
Peterson.
City Manager Peterson advised that a number of months ago,
concern was stated by this City Council regarding the loss
or leakage of sales tax due to cable television home
shopping channels, as well as other mail order advertising
being mailed to this State. At that time, Council asked
the City Manager to determine whether there was any
legislation being considered regarding this particular area
of concern.
Subsequent to that Council meeting, Assemblyman Phil
Isenberg's office was contacted, and it was determined that
Assembly Bill 229 had been introduced, and that the bill
will be amended to include in the definition of "retailer
engaged in business in this state", those who are engaged
in mail-order sales or those who utilize electronic media
to solicit orders for tangible personal property. Once
this bill goes into effect it would require the retailer to
collect from the purchaser, the sales tax that the State
would set, and refund that amount to the State. The monies
then collected in the State fund would then be distributed
to the city in proportion to each city's share of the total
sales tax revenue.
The bill is presently in the Assembly Revenue and Taxation
Committee and scheduled to be heard on April 20, 1987. It
has been recommended by the League of California Cities
that the cities send a letter in support of AB 229 to the
various members of the Assembly Committee .
Following discussion, on motion of Mayor Pro Tempore Olson,
Hinchman second, Council directed that a letter of support
for the subject bill be sent to the Assembly Committee on
Revenue and Taxation.
TRAPPING OF CATS At its regular meeting of March 18, 1987, Mayor Pro Tempore
Olson requested information concerning the notification to
CC -65 cat owners when their pets have been trapped and taken to
the City's Animal Shelter. City Manager Peterson reported
he had reviewed this matter with the Chief of Police and
the Animal Control Officer. While there is no simple,
inexpensive way to provide individual notification to
residences in the area where the cat is trapped, there no
doubt will be some benefit from an increased public
awareness effort. Contact will be made with the Lodi
News -Sentinel to request the publication of periodic
reminders to keep the public advised that unlicensed cats
brought to the Animal Control Shelter will be destroyed if
unclaimed within 72 hours. With regard to licensed cats,
the owners are contacted and advised that their pet has
been impounded. If we cannot reach the owner by telephone,
an Animal Control employee will place a notice on the front
11
488
Continued April 1, 1987
door or deposit it in the owner's mailbox. It is the
City's policy not to destroy a licensed animal before
contact has been made with the owner, regardless of how
long that may take. On occasion, an owner, when so
notified, will request that the animal be destroyed. To
the best of our knowledge, Animal Shelter personnel have
never destroyed a licensed animal without the owner's
authorization. When animals are reclaimed, the owner must
pay a redemption fee of $5.00. Unlicensed cats may be
redeemed by the payment of the redemption fee, plus the
purchase of a pet license ($1.00) and the payment of a
penalty fee ($2.00).
The City currently has available for use by the public, 16
cat traps. During the breeding season (March through
August) all 16 are frequently in use. Some are used in
more than one location on the same day. It is difficult,
if not impossible, to capture cats any other way. Thus,
virtually all of the cats who are impounded reach the
Animal Shelter as a result of having been trapped. In
addition to residents borrowing and using the traps, the
City's animal control personnel utilize these devices at
the request of merchants, industrialist, packing house
operators and the like. Animal control personnel will pick
up from residents trapped cats at the rate of as high as
8-10 cats each day. Approximately 90 cats a month (about
1,100 a year) are destroyed at the Animal Shelter. With
these kinds of numbers, it is really not feasible to
deliver individual notices to dwelling units (houses and/or
apartments) in the immediate area where the cat was trapped.
Obviously, the importance of licensing one's animal (dog or
cat) cannot be overemphasized. Unfortunately, some will
purchase the pet license, but for one reason or another,
will not put the license on the pet. Such an animal when
impounded is "unlicensed" and is handled accordingly.
12
City Manager Peterson reported that this matter will be
discussed with the Lodi News -Sentinel and hopefully the
resultant additional publicity regarding the importance of
licensing will have a positive affect.
ITEMS REMOVED
FROM THE AGENDA
With the concurrence of the Council, agenda item K-6 -
"Award Contract for Well Drilling, Well 10R, east side of
Central California Traction Line at Lime Street off of
Guild Avenue" was removed from the agenda.
APPROVAL OF PROPERTY
ACQUISITION PROGRAM
-
PROPERTY LOCATED AT
207 WEST ELM STREET
LODI
Council was reminded that at its regular meeting of January
21, 1987, the City Council heard a presentation on the
CC -6
implementation of a long-range property acquisition program
CC -27(a)
in the immediate vicinity of the Civic Center complex.
Specifically, the property involved is that one-half block
on the north side of West Elm Street from the street north
to the alley, and from Church Street west to Lee Avenue.
This recommendation was triggered by the availability for
sale of the property at 207 West Elm Street. Following the
presentation, the City Council directed the City Manager to
investigate the purchase of this property, obtain an
appraisal, and report back to Council. The City Manager
reported that he is now in possession of some information
regarding the parcel in question, and since he is ready to
receive direction from the City Council regarding
negotiations, it is appropriate that this matter be reviewed
12
sm
Continued April 1, 1987
in Closed Session. This is a permitted topic for
discussion in Closed Session under the provisions of the
amended Brown Act.
City Manager Peterson indicated that it was his
recommendation that this program be initiated. The
commitment to the continued development of the City's Civic
Center at its present location in the downtown area is a
decision that was made some time ago. The plans and
specifications for the remodel of the Carnegie Building
have been completed, and the plans are now being reviewed
in the City's Building Inspection Division. Virtually all
of the work on the space analysis of the City Hall remodel
and addition project has been completed and the city is
close to the start of the preparation of the preliminary
plans for the City Council's review and comment. With this
commitment as a course to follow, it is timely to review
the need for additional area for public uses which cannot
now be precisely defined. The draft "Growth Management
Program for Lodi" prepared by the firm of Jones & Stokes
and presented to the Measure A Task Force at its meeting of
February 26, 1987, includes a population projection based
on a modest 2% annual growth rate. This scenario would
result in an increase in the City's population to
approximately 60,000 in 15 years; 65,000 in 20 years. City
Manager Peterson stated that there is no question in his
mind that there will be the need for more space, be it for
parking, City offices, or offices of other public agencies
(County, State and/or Federal) which might be grouped in
this immediate area for the convenience of the public.
Reviewing existing land uses surrounding the Civic Center
complex, the best direction for ultimate expansion is to
the north. This plan would be truly long-range. Acquiring
these properties as they become available could easily take
10-15 years.
The County of San Joaquin has initiated eminent domain
proceedings for the acquisition of the former Pacific
Telephone Company building located in the proposed
acquisition area for use by the courts.
Following discussion, on motion of Council Member Snider,
Olson second, Council directed the City Manager to proceed
with the implementation of a long-range property
acquisition program in the immediate vicinity of the Civic
Center complex.
Mr. Khan, 701 Clinton Drive, Stockton, California,
representing Afroz and S. Zaman, et al., owners of the
property at 207 West Elm Street, Lodi, addressed the
Council advising his property was still on the market.
CLOSED SESSION -
PROPERTY ACQUISITION
PROGRAM The meeting was adjourned at 9:30 p.m. to a "Closed
Session" pertaining to negotiations regarding property
CC -6 acquisition (54956.8 State of California Government Code).
CC -27(a)
The meeting was reconvened at approximately 10:05 p.m.
PROPERTY
ACQUISITION
NEGOTIATIONS
APPROVED On motion of Mayor Pro Tempore Olson, Hinchman second,
Council directed the City Manager to proceed with
negotiations for the acquisition of the property located at
207 West Elm Street, Lodi.
The motion carried by unanimous vote.
13
Me
Continued April 1, 1987
REORGANIZATION OF
THE COUNCIL Mayor Reid applauded the members of the Council for their
hard work this past year and expressed special appreciation
CC -6 to Mayor Pro Tempore Olson for her assistance throughout
CC -76 the year.
A presentation was made to Mayor Reid by City Clerk Reimche
expressing sincere appreciation from his fellow Council
Members and staff for his outstanding year as Mayor.
City Clerk Reimche received the gavel from Mayor Reid and
declared nominations open for the office of Mayor. Council
Member Hinchman then nominated Mayor Pro Tempore Olson for
the Office of Mayor. There being no further nominations,
City Clerk Reimche declared nominations closed. Mayor Pro
Tempore Olson was elected Mayor by unanimous vote.
City Clerk Reimche then passed the gavel to Mayor Olson.
Mayor Olson called for nominations for the office of Mayor
Pro Tempore. Council Member Pinkerton then nominated
Council Member Snider for the office of Mayor Pro Tempore.
There being no further nominations, Mayor Olson declared
nominations closed. Council Member Snider was then elected
Mayor Pro Tempore by unanimous vote.
ADJOURNMENT There being no further business to come before the Council,
Mayor Olson adjourned the meeting at approximately 10:10
p.m.
ATTEST:
Alice M. Reimche
City Clerk
14