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HomeMy WebLinkAboutMinutes - April 4, 1984CITY COL111CIL, CITY OF LCDI CITY HALL COUNCIL CR*BERS WE[)NFSDAY, APRIL 4, 1984 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, April 4, 1984 in the City Hall Council Chambers. ROLL CALL Present: Council Members - Murphy, Pinkerton, Reid, and Snider (Mayor Pro Tempore) Absent: Council Members - Olson Also Present: City Manager Glaves, Assistant City Manager Glenn, Commmmauuity Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Reverend Richard Lundgren, First United Methodist Church PLEDGE The Pledge of Allegiance was led by Mayor Pro Tempore Snider If n PRESENrATICNS Victor F. Brewer, Hospital Administrator for the Lodi Camumity Hospital, Phil Barnes, and Dr. James Ahearn presented a presentation on that hospital's new Chemical Dependency Rehabilitation Program.. CONSENT CALEt )AR REPCR S OF THE In accordance with report and recamiendation of the City CITY MANAM Manager, Council, on motion of Council Member Pinkerton, Reid second, approved the following actions hereinafter set forth. r < < ✓� (fir. CLAIMS CIAINS WERE APPROVED IN ME AN J -NT OF $1,648,858.21 MINUTES THE MINUTES OF FEBRUARY 15, 1984, MARCH 7, 1984, AND MARCH 21, 1984 WERE APPROVED AS WRITTEN. AO= IMPROVE- COUNCIL ACCEPTED THE IR'RINEVENTS IN "HUTCHINS STREET SQUARE MENTS HUIUi1NS UTILITY UNUMMOUNDING" AND DIRECTED THE PUBLIC WOEIK.S STRk:ET SQUARE TEI EP M DIREX,1CJEi. TO FILE A NOTICE OF CO)PLETICN 1HEM1KN. D1NIDIIIDING The subject contract was awarded to Deats, Inc, of Stockton on November 16, 1983, in the amount of $18,358.35. The contract has been completed in substantial conformance with the plan and specifications approved by the City Council. COUNCIL ADOPTED RESOLUTION NO. 84-037 WHICH: APPLICATICN f 1. Approves the filing of an application for land and water FOR FEDERAL 1 '71 conservation fund assistance; LAND & WATER CONSERVATICN �FUNDS 2. Certifies that the agency can finance 100% of the ! project with 50$ reimbursed from LWCF; 3. Certifies the project is coapatible with the Land Use i Plans; and RFS. NO. 84-037 4. Appoints the Public Works Director as agent for the City to conduct all negotiations and execute the necessary documents. This application is for funds to used in the development of the playground and picnic facilities at Salas Park. Matching fiords are a available from a 1980 State Park Bond Fund. This is only as application for funds, not a guarantee of funding. 126 Continued April 4, 1984 DESTRIMICN OF COUNCIL ADOPTED RESOLUTICN NO. 84-038 APPRCUVING THE DES RUC - CERTAIN PUBLIC TICK OF CERTAIN PUBLIC WC1 KS REO0R1)S FOLIJOVING AUrRMIZATICN I'. ACEI REUORDS . BY THE CITY ATra EY PURSLI r TO STATE LAw. APPRVD RES. NO.84-038 SUVN)ERFIELD CaMIL APPROVED THE FINAL MAP AMID THE POTENTS FOR THE SUBDIVISICN SWIERFIELD SUBDIVISICN CCNDITICN UPON THE RECEIPT OF THE AGUMN NTS INSURANCE CFftTIFICATE AND DIRECTED THE CITY MANAGER. AND CITY I i AND MAP CLERK TO EXECUTE THE SLMIVISICN AMEEVMr AND MAP ON BEHALF APPROVED OF THE CITY. Council was apprised that Mr. Norbert Schlenker, the developer of Summerfield, has furnished the City with the necessary agreements, improvement securities and fees for the proposed subdivision. (The insurance company has mailed the certificate; however, at this writing it is not in our office). This is a 51 -lot subdivision located on the east side of Church Street, across from Cherry Tree Subdivision. The zoning is R2 and the subdivision contains approximately 7.9 acres. PLBLIC HEARINGS Notice thereof having been published in accordance with law and affidavit of publication being on file in the office IMI UNITED of the City Clerk, Mayor Pro Tempore Snider called for the DONbNIUI ii Public Hearing for the purpose of hearing protests to the _,p ASSESSMENT proposed acquisitions and improvements, etc. in the Lodi y DISTRICr United Downtown Assessment District Beautification Project. RES.NOS. The subject was introduced with a report by Timothy J. 84-039 Hachman, Bond Attorney. 84-040 Mr. Hachman's report was followed by a report by the project architects -Lodi Design Group. 84-041 Mr. Terry Piazza, the project engineer also provided a 84-042 report regarding the project. City Clerk Reimche reported that the following written protests had been received: a) Mr. and Mrs. Jerry Ballard - Parcel No. 043-035-14 b) C.H. Blewett Parcel No. 043-046-12 and 043-046-11 c) J.W. Schultz, President of the Odd Fellows Association Parcel No. 043-032-01 and of Lodi 043-032-02 d) Richard Colvin, Treasurer of the Odd Fellows Association of Lodi e) Edwin O. Dammel Parcel No. 043-026-16 f) Ozzie Pidde, President Lodi Senior Citizens Club Parcel No. 043-024-07 g) Peter E. Gianini and Antonette Ferrero Parcel No. 043-028-05 h) Burdette DeJong Partner DeJong Ins. Parcel No. 043-022-07 Continued April 4, 1984 Y" i) Viola Reiswig Parcel No. 043-031-05 j) Harry Wiebe, Manager Cal Gas, Lodi Parcel No. 043-033-03 k) James E. Flaherty, Secretary Lodi Aerie No. 848, Fraternal Order of Eagles Parcels No. 043-036-15 - Also addressing the Council regarding the subject was J. Paul Dupont, Senior Vice President, Wulff, Hansen and Co. Mr. Dupont responded to questions regarding the proposed district and the financing thereof. The following persons spoke on behalf of the proposed Assessment District: a) Fred Weybret, 125 N. Church Street. Lodi b) Terry Knutson, 213 S. School Street, Lodi c) Jack Bowen, 218 S. School Street, Lodi d) Biff Baffoni, 118 W Oak Street, Lodi e) Mike Lapenta, 1718 E. Edgewood Drive, Lodi f) Pastor Richard Lindgren, First United Methodist Church g) Ann Meyer, Sacramento and Pine Street property owner The following persons spoke in opposition a) 141r. Vass, representing the Lodi Senior Citizens Club 113 N. School Street Parcel No. 043-024-07 b) Mr. Mark Stevens representing Viola Reiswig, 13 N. Church Street Parcel No. 043-031-05 c) Mr. Jim Flaherty, representing the Fraternal Order of Eagles Parcel No. 043-036-16 21 W. Oak St. d) Mr. Lloyd Jentoff Parcel No. 043-048-01 216 and 228 S.Sacramento St. e) Mr. Ed DeJong Parcel No. 043-022-07 101 N. Church St. f) Mr. C. H. Blewett Parcel No. 043-046-11 and 221 & 229 S. Sacramento St. 043-046-12 g) 61s. Lola Roberts Parcel No. 043-024-02 118 N. Church Street h) Albert Barone Parcel No. 043-026-10 11 W. Elm Street There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. It was determined that an 8.72% protest of the square footage within the district had been received. Following additional discussion, on Motion of Council Member Reid, Murphy second, Council.adopted the following Resolutions by unanimous vote of all members of the Council present: a) Resolution No. 84-039 - A Resolution Ordering Reduction to Assessments and Directing Amendment 12/8 Continued April 4, 1984 b) Resolution No. 84-040 - A Resolution Awarding the contract for the Lodi United Downtown Assessment District Beautification Project to Claude C. Wood Company. c) Resolution No. 84-041 - A Resolution Awarding the Sale of Bonds. d) Resolution No. 84-042 - A Resolution determining convenience and necessity, adopting engineer's report, as amended, confirming assessments, and ordering the work and improvements. RECESSES Mayor Pro Tempore Snider declared five minute recesses at 10:10 pm and 10:30 pm during the heretofore referred to Public Hearing. PUBLIC HEARING Notice thereof having been published and posted in accordance with law and affidavits of publication and 1 SER 083-05 posting being on file in the office of the City Clerk, 7 v f ADOPTED VACATING Mayor Pro Tempore Snider called for the Public Hearing to EASEMWE LOCATED consider the vacation of an easement located at Lot 2, AT LUT 2 MAXWELL Maxwell Industrial Park. INDUSTRIAL PARK The matter was introduced by Staff. Diagrams of the subject area were presented for Council's perusal. Council was informed that the Planning Commission at its March 26, 1984 meeting had determined that no public need existed and recammended that the City Council abandon 3 feet of an 8 foot public utility easement along the north line of Lot 2, Maxwell Industrial Park. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. On motion of Council Member Pinkerton, Murphy second, Council adopted Order No. 083-05 vacating an easement located at Lot 2, Maxwell Industrial Park pursuant to the recommendation of the Planning Commission. PLANNING OCWISSICN City Manager Glaves gave the following report of the {� Planning Commission Meeting of March 26, 1984. ACTICN ITMIS The Planning Commission 1. Determined that no public need existed and recommended that the City Council abandon 3 feet of an 8 foot public utility easement along the north line of Lot 2, Maxwell Industrial Park. ITEM OF The Planning Commission Also - INTEREST 1. Determined that a zoning hardship did not exist and denied the request of Gene G. Walton for a Zoning Variance to reduce the required off-street parking spaces for an 800 square foot addition to an office building at 318 West Pine Street in an area zoned R -C -P, Residential -Commercial Professional. 2. Conditionally approved the request of John Giannoni, on behalf of Search Development and Real Estate, Inc., for a Use Permit to construct a retail shopping center and office complex at 1110 West Kettleman Lane (i.e. southeast corner of Kettleman and Ham Lanes) in an area zoned P -D (15), Planned Development District No. 15. 3. Conditionally approved the request of Loel Foundation for a Use Permit for a one -day circus at 333 South Lower Continued April 4, 1984 CCMVI.NICATIC NS CITY CLERK LCDI CABLE TV TO INCREASE City Clerk Reimche presented a letter from Lodi Cable TV for advising that the $9.00 rate overhead service will be OVERHEAD RATE increased to $9.50 effective May 1, 1984. PHAA-IDA yCCCH AN City Clerk Reimche announced the resignation of Phawnda ,_"r RESIC`IS Cochran from the Lodi Arts Commission. LCDI ARTS OOVMISSICN City Clerk Reimche presented the following application for Alcoholic Beverage License: ABC Ali Ahmed O. .�� LICENSES Ali Bros. Island Goods and Groceries 505 East Lodi Avenue Lodi, California, CA. 95240 Off Sale Beer and Wine t CQ4ENTS BY Mayor Pro Tempore Snider expressed sincere appreciation ti CITY to Council Member Pinkerton and to the members of the LVID COUNCIL Committee for the many hours of time and effort they had MBBERS expended toward the formation of the downtown assessment district. CC M1VTNiS BY THE PUBLIC CN NCV AGELM ITEMS CITIZEN Mrs. Barbara Lea, 448 Almond Drive, Lodi addressed the CCMPLAINT Council expressing her opinion that she felt the City RIVED RE Council Informal Informational (Shirtsleeve) Meetings SHIRTSLEEVE were unfair to the citizens of Lodi. Council discussion SESSICNS followed with questions being directed to Staff and to Mrs. J Lea. No action was taken by the Council on the matter. REPCRIS OF THE CITY MANAGER RIUMAR Council was apprised that in October 1976, the City CALENDAR purchased the subject parcel as part of the southerly portion of the future C-2 Basin. Under the drainage RPIWUEST TD plan in effect at the time, this purchase was the first PURMA.SE CITY'S of five parcels to be acquired for the ultimate basin. It PARCEL SCUIH was purchased at that time for the installation of major OF iCErlLIlVIAN storm lines and sanitary sewer trunk lines which were being LANE extended across the freeway to Beckman Road. The Parcel was purchased from the following parties: S/ Bruce P. Towne S/ Helen H. Towne S/ H. D. Towne S/ Lucille P. Towne S/ George C. Wilson S/ Dixie M. Wilson 1.2 9 1�U f' Continued April 4, 1984 S/ Leslie D. Focacci S/ Connie J. Focacci S/ Richard ocacci The property was purchased after the City secured an appraisal. As with all City purchases for public use, the acquisition was under the City's powers of eminent domain. The purchase price was $22,050 and City paid all title, escrow and recording fees. In April of 1979, the City Council changed the concept of the C drainage area thus eliminating the need for the C-2 Basin. It is felt that it is important, however, to point out that if the City should completely develop within its old general plan limits and should wish to further expand, that the logical area for future expansion of the City is east of the freeway and south of Kettleman Lane. The best location for a future basin, due to the existing storm lines, would be the location of the originally proposed C-2 Basin. Since 1982, the City has received 2 requests to purchase this property. These requests were received from the following parties: 1. Cherokee Memorial Park (request received Jan. 1982 ±) 2. Tindell Ranch Associates (request received Feb.4, 1982, and signed by Bruce Towne.) It appears that the City Council has three options. They are as follows: 1. Sell the subject parcel; 2. Give a long-term lease on the subject parcel; 3. Do nothing. If the City Council determines it is in the best interest to sell the subject parcel, the City Attorney has found that there is no actual requirement that the City go to bid as we did on the Scenic Overlook. Therefore, if the parcel is to be sold, the City can sell the property to the party of their choice at present market value, or the City can receive bids as was done for the Scenic Overlook. Unless the property is going to be sold back to the same 9 parties that it was originally purchased from, it is felt that the City should consider going out to bid on the property. In either case, the present value should probably be established by an appraisal. If the property is to be sold, the appropriate public utility easement covering to 36" storm drain and 24" sanitary sewer line would have to be retained. Due to the size and depth of these line, it is recommended that the width of this easement be 30' as depicted on an exhibit presented to Council. A lengthy discussion followed with questions being directed to Staff. Council Mmber Mirphy then moved to authorize the obtaining of an appraisal of the subject property, and once that appraisal is received to put the property up for bid. The motion was seconded by Council Meaber Reid. The motion failed to carry by the following vote: Continued April 4, 1984 Ayes: Council Members - Murphy and Reid Noes: Council Members - Pinkerton and Snider Abstain: Council Members - None Absent: Council Members - Olson Following additional discussion, Council Member Murphy then moved that Staff be authorized to obtain an appraisal on the City owned 4.7 acre parcel located one half mile south of Kettleman Lane. the motion was seconded by Council Member Pinkerton. The motion carried by a unanimous vote of all Council Members present. RDQUEST Ta Council was presented with the following letter which had CBTAIN EASEAENT been received from Kenneth Glantz of Glant z-Deimler-Dorman: r�. FRCM MR. BATCH WHICH EASE4IE2TT "The Honorable City Council IS NECESSARY City of Lodi FCR THE City Hall DEVEIARVE7T 221 W. Pine Street OF I(BAI33l Lodi, CA 95240 MEADOWS Re: Storm Drainage Easement for 48" pipeline Mills Avenue to G -South Basin Dear Council Members, The City of Lodi does not presently have a right of way or an easement for the proposed 48" Storm Drain trunk line between Mills Avenue and the proposed G -South Basin. The physical location of the existing main sanitary sewer interceptor and a P.G.& E. power pole line have necessitated the acquisition of a new easement 20 feet in width, the centerline of which would be located 20 feet south of the centerline of Century Boulevard. This easement would be located on the Delmar Batch property, but is within the Adopted Specific Plan right of way for the future Century Boulevard. In accordance with established City policy, the developers of "The Meadows" have initiated and diligently pursued attempts at negotiating with Mr. Batch to acquire the necessary easement. Initially we met with Mr. Batch and two city staff members at City Hall on February 3 to discuss our easement needs and also to determine his farming schedule so that we could dovetail our construction schedule with his. This scheduling discussion included the excavation of the drainage basin as well as the installation of the pipeline. It was agreed at this meeting that we could schedule our construction between the time of current crop harvest (estimated as March 15) and new crop planting (estimated at June 1, 1984). Although our initial meeting, and all subsequent discussions have been friendly and amiable, it has now became apparent that we are not going to cane to a negotiated settlement with Mr. Batch within the time frame that is dictated by both his farming and our construction schedule. After our first discussions at City Hall, I personally met with Mr. Batch on the job site on February 16 to define and locate, in the field, our specific needs and to discuss possible effects on his fanning operations. Also, I talked with Mr. Batch's attorney, Mr. John Camnack of Stockton on February 16 and February 23 regarding our offer and Mr. Batch's concerns. I talked with Mr. Batch by telephone on five (5) occasions between February 23 and March 27 in attempts to set a specific meeting time for settlement of the issue. I have also left calls on two occasions in that 1;31 132 Continued April 4, 1984 I no longer feel that Mr. Batch is dealing in "good faith" and I also feel that we are quickly approaching the time that we can no longer acconplish the construction on a schedule that is compatable to Mr. Batch, mry client, and the City of Lodi. Consequently, I respectfully request that the City initiate emergency condemnation proceedings for immediate possession of the required easement. My client, J. W. Properties hereby commits to the financing of such proceedings with the stipulation that these costs be considered as a part of the construction costs of the stone water outfall line. It is my intent to make one more last ditch effort to reach an agreement with Mr. Batch prior to the City Council meeting of Wednesday, April 4th. However, time is of the utmost importance in this matter, and if I again receive a non -responsible reaction from Mr. Batch, I strongly urge the Council to honor our request for condemation proceedings to commtence at the earliest possible time. The event was held at Galt High School last year and there has been some pressure to play the game this year in Lodi. The problem that we are faced with is the cost to use the Grape Bowl. We will definitely pay for the cost to set up the field, use of the lights and any other costs that are incurred to use the field. We would like if at all possible to have the stadium tax of $.35 per person waived for this event. This tax would cut very severly into the profit and daampen our chances of having a totally successful game. Please call me at 369-7411, ext. 284, if I can answer any questions or talk to you about this matter in more detail. We need a reply as soon as possible to complete arrangements for the game. Sincerely, s/Pete Saco Athletic Director Very truly yours, s/Kenneth H. Glantz" A lengthy discussion followed with questions being directed to Staff. On motion of Council Member Pinkerton, Murphy second, Council authorized that an appraisal be made of the Batch property for which a storm drainage easement for a 48' pipeline is being proposed. City Nbnager Glaves presented the following letter which had been received from Pete Saco, Athletic Director, Lodi High School: REQUEST ERM "Henry Gl aves , City Manager I.DI HIGH SCHOOL City of Lodi '% A1I=IC 221 West Pine l;i DEPP,RIlVlFU TO Lodi, CA 95240 �`� ,`✓ WAIVE STADILM , t TAX FOR GALT Dear Mr. Glaves: ALLMI F1001BALL GAME TO BE HELD This letter is being written in regards to the use of the AT THE LQDI Lodi Grape Bowl on May 12, 1984 for a Lodi - Galt Alumni GRAPE BQNL Football Game to raise funds for the Athletic Departments at the two high schools. The event was held at Galt High School last year and there has been some pressure to play the game this year in Lodi. The problem that we are faced with is the cost to use the Grape Bowl. We will definitely pay for the cost to set up the field, use of the lights and any other costs that are incurred to use the field. We would like if at all possible to have the stadium tax of $.35 per person waived for this event. This tax would cut very severly into the profit and daampen our chances of having a totally successful game. Please call me at 369-7411, ext. 284, if I can answer any questions or talk to you about this matter in more detail. We need a reply as soon as possible to complete arrangements for the game. Sincerely, s/Pete Saco Athletic Director Continued April 4, 1984 ADJCX1R NU There being no further business to come before the Council, Mayor Pro Tempore Snider adjourned the meeting at approximately 11:20 p.m. to Tuesday, April 17, 1984 at 8:00 p.m. Attest: J�"'"ce M, Reimche City Clerk 133 Following discussion, Council, .on motion of Council Morber Pinkerton, Murphy second, authorized the use of the Lodi Grape Bowl for the Galt Alunmi Football Game at a flat fee of $400.00 for which they will receive the football field, lines, use of the down markers, lights, P.A. system, and cleanup. .`} Y DEVEGOP1v7Fgr Following introduction of the matter, Council, on motion of AC REE507T 2001 Council Member Pinkerton, Reid second, approved the develop- .', +l ANO 2009 OOCH- ment agreement for 2001 and 2009 Cochran Road, and J RAN RW APPRVD authorized the City Manager and City Clerk to execute same on behalf of the City. Council was apprised that the City has acquired right-of-way from the Nielsen and Lewis parcels in exchange for improvements which will be done along Cochran Road in conjunction with Mr. and Mrs. Paul's development. EUENSICN OF Following introduction of the matter by Staff, Council, on BID OPENING motion of Council Member Pinkerton, Reid second, extended DATE FCR the opening date for receipt of bids for Asphalt Materials 7,v,r to Tuesday, April 17, 1984. lAL BIDS .. APPROVED �10.ICDI STREET Following introduction of the matter by City Manager Glaves DESIGN STA UARDS and City Attorney Stein, Council, on motion of Council REVISED Member Pinkerton, Reid second, rescinded the introduction of Ordinance No. 1309 and adopted Resolution No. 84-043 - RES. NO. 84-043 "Resolution of the City Council of the City of Lodi revising the City of Lodi's Street Design Standards". ADJCX1R NU There being no further business to come before the Council, Mayor Pro Tempore Snider adjourned the meeting at approximately 11:20 p.m. to Tuesday, April 17, 1984 at 8:00 p.m. Attest: J�"'"ce M, Reimche City Clerk 133