HomeMy WebLinkAboutMinutes - December 19, 1984326
CITY OCIUNCIL, CITY OF LODI
CITY HALL OCXINCIL CHAMBERS
WEDNESDAY, DECEMBER 19, 1984
A regular meeting of the City Council of the City of Lodi was held beginning at
7:30 p.m. on Wednesday, December 19, 1984 in the City Hall Council Chambers.
ROLL CALL
INVOCATION
PLEDGE
PRFSENTATICYVS
OLD LCDI UNION
HIGH SCHCCI, SITE
FCUIDATION PAYS
OFF BALANCE OF
SITE PCNCHASE
PRCICLAMATICN RR
DR. N1td11AN KING
REP'S OF THE
CITY MANAGER
OCNSENT CALENDAR
CLAIPZ
MINUTES
RENEWAL OF INSIRU-
MFNT MAINTENANCE
SERVICE CONTRACT
FCIER. WHITE SLOUGH
WATER POLLUTION
CONTROL FACILITY
APPROVED
WIlVE COUNTRY PLAZA
SUBDIVISION MAP
APPROVED
Present: Council Members - Olson, Pinkerton, Hinchman,
Reid, and Snider (Mayor)
Absent: Council Members - None
Also Present: City Manager Glaves, Assistant City Manager
Glenn, Community Development Director
Schroeder, Public Works Director Ronsko, City
Attorney Stein, and City Clerk Reimche
The invocation was given by Dr. Wayne Kildall, Center of Hope
The Pledge of Allegiance was led by Mayor Snider
At approximately 8:00 p.m., following a musical introduction,
Dennis Bennett, Chairman of the Old Lodi Union High School
Site Foundation, presented the City of Lodi with a check in
the amount of $11,703.00, which paid off the balance of the
site purchase. Members of the Foundation who were in the
audience were introduced. Council extended its most sincere
appreciation to the Foundation for its outstanding efforts on
behalf of the Community in the retirement of this debt. On
motion of Council Member Olson, Reid second, Council
appropriated a matching amount to be used for the Nhsic
Building refurbishing and rehabilitation.
Mayor Snider presented a Proclamation for Dr. Norman King,
acknowledging his performance of the "thicken Scratch", which
was performed to raise funds for Hutchins Street Square debt
retirement.
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Reid, Olson
second, approved the following actions hereinafter set forth.
CLANS WERE APPROVED IN THE AMOUNT OF $1,049,357.02
THE MINUTES OF NOVEMBER 21, 1984, DECRVBER 4, 1984 A.M.,
AND DECEMBER 4, 1984 P.M. WERE APPROVED AS WRITTEN.
COUNCIL APPROVED THE RENEWAL OF THE INSTRUVIDTT MAINTINAl E
SERVICE CONTRACT WITH DIABLO CCNiROL COMPANY RE THE 41HITE
SL UGH WATER POLLUTION CONTROL FACILITY.
OUINCIL APPROVED THE SUBDIVISION MAP FOR TACT NO. 1907,
WINE CCUNIRY PLAZA AND AUTHORIZED THE CITY CLERK TO EXECUTE
THE MAP ON BEHALF OF THE CITY.
Council was apprised that this subdivision map covers an
existing commercial and office complex located at 1420 West
Kettleman Lane. Charles E. Ward, the owner of this complex,
wishes to convert these units to condominiums and this map is
being filed to conform to the legal requirements of a
Continued December 19, 1984
It was Staff's recomnnendation that the improvements along
Tokay Street be deferred at this time with the understanding
that they be installed upon demand of the City. At the time
that the Tokay Street improvements are installed, the
developers would be required to abandon the Lower Sacramento
Road driveway access and reconstruct on-site circulation to
utilize Tokay Street.
SPECS FOR WELL COUNCIL APPROVED THE PLANS ADD SPECIFICATICNS FOR WELL 611,
6R PUMP AND POMP AND NIOMR NO AUI MIZED THE ADVERTISING FCR BIDS
MMR APPROVED THEREON.
AWARD - LCDI LAKE CITY WNAGER, GIAVES PRESENTED THE FOLLOWING BIDS WHICH HAD
,�,'-'STCRd DRAIN BEEN RECEIVED FO2 IMI LAKE STCRW DRAIN OUTFALL:
J �yCUI'FAI.L
BIDDER BID
Teichert Construction
condominium project. The off-site improvements were
Claude C. Wood Co.
installed at the time the complex was built and no agreements
Robert Ellsworth Construction
or improvement securities are required.
Burdick Excavating
$72,235.30
AGREEIM WITH
COUNCIL APPROVED AN ALS WITH TUCKER, DUNK AND KIKLSCIII,
TUCKER, DUNK,
TO DEFER INSTALLATION OF OFF-SITE ]lvF VIIVIINIS AMC TCKAY
ADD KIKUCHI TO
STREET UML SUCH TUME AS ADDITICNAL OFF-SITE IN11?EIOVf IENZIS
DEFER INSTALLA-
ARE INSTALLED, AND AUMR.IZED THE CITY MADIAGM AMID CITY CLERK
TION OF OFF-SITE
TO E;XEQAB THE DOCt1V11NT CN BEHALF OF THE CITY
IMPROVE!VEN'M
ALONG TWAY
Council was apprised that the developers of the property at
STREET APPROVED
617 South Lower Sacramento Road plan to construct additional
office units on this parcel. It is the developer's
responsibility to install off-site improvements on one-half
of Tokay Street as well as the improvements along Lower
Sacramento Road. The developer desires to postpone the
installations on Tokay Street until additional off-site
improvements are installed because of local drainage problems
and the undeveloped state of the remainder of the street.
Under the Code of the City of Lodi, it is permissible to
defer these improvements..."If the Public Works Director
determines that it would be in the best interest of the City
to cause all or a portion of the work to be done on an area
wide basis; provided, that the property owner enters into an
agreement with the City..." (Section 5.22)
It was Staff's recomnnendation that the improvements along
Tokay Street be deferred at this time with the understanding
that they be installed upon demand of the City. At the time
that the Tokay Street improvements are installed, the
developers would be required to abandon the Lower Sacramento
Road driveway access and reconstruct on-site circulation to
utilize Tokay Street.
SPECS FOR WELL COUNCIL APPROVED THE PLANS ADD SPECIFICATICNS FOR WELL 611,
6R PUMP AND POMP AND NIOMR NO AUI MIZED THE ADVERTISING FCR BIDS
MMR APPROVED THEREON.
AWARD - LCDI LAKE CITY WNAGER, GIAVES PRESENTED THE FOLLOWING BIDS WHICH HAD
,�,'-'STCRd DRAIN BEEN RECEIVED FO2 IMI LAKE STCRW DRAIN OUTFALL:
J �yCUI'FAI.L
BIDDER BID
Teichert Construction
$67,782.00
Claude C. Wood Co.
$69,787.00
Robert Ellsworth Construction
$70,989.00
Burdick Excavating
$72,235.30
Central Ready Mix
$76,250.00
Holman Pettibone
$79.116.00
Antovich Construction
$80,000.00
Pacific Contractors
$82,862.00
South Tahoe Construction
$84,546.00
W.M. Lyles Company
$105,856.00
RES. NO. 84-189 Following the City Manager's recommendation, Council adopted
Resolution No. 84-189 awarding the contract for Lodi Lake
Storm Drain Outfall to Teichert Construction Cwpany, the low
qq bidder, in the amount of $67,782.00
`�_,A1VA 0 - 6" TRASH City Manager Glaves presented the following bids which had
PWP been received for a 6" Trash Pump:
BIDDER BID
Edward R. Bacon $7,537.78
A & M Pump & Equipment Co. $8,468.34
A & L Pump $8,930.50
Edward R. Bacon $9,174.88
Continued December 19, 1984
Council was apprised that the low bidder's bid does not meet
specifications and the bid was not signed. The engine bid is
a German Diesel and the pump size is for 1I" solids, where
our specifications called for 2 5/8" solids.
The second low bid, from A & M Pump and Equipment Co. meets
all specifications.
This trash pump is an additional unit which will be utilized
by both the Water/Wastewater and Street Division in Public -
Works. i
RFS. NO. 84-190 Follaving recoimendation of the City Manager, Council adopted
Resolution No. 84-190 awarding the bid for a 6 inch Trash
Pump to A & M Pump and Equipment Company, in the amount of
$8,468.34, which includes tax.
r PUBLIC HEARINGS Notices thereof having been published in accordance with law
and affidavits of publication being on file in the office of
the City Clerk, Mayor Snider called for the Public Hearings
to consider:
1. Regarding the certification of the filing of a Negative
Declaration on the 3.17 acre parcel located at 2430 West
Turner Road, Lodi, California.
2. Consider the Lodi City Planning Commission's
recommendation that the Land Use Element of the Lodi
General Plan be amended to redesignate a 3.17 acre parcel
at 2430 West Turner Road from Commercial to Medium
Density Residential, as requested by Dennis Bennett.
3. Consider the Lodi City Planning Commission's
recommendation that P -D (1), Planned Development District
No. 1 be amended so that the 3.17 acre parcel at 2430
West Turner Road conform to the requirement of the R -GA,
Garden Apartment Residential District rather than the
C -S, Commercial Shopping District as requested by Dennis
Bennett.
The matter was introduced by Caminity Development Director
Schroeder, who presented diagrams of the subject area and
responded to questions regarding the subject as were posed by
Council.
The following persons spoke in favor of the matter:
1) Mr. Dennis Bennett
1200 West Tokay Street
Lodi, California
There were no other persons in the audience wishing to speak
on the matter and the public portion of the hearing was
closed.
REDESIGNATICN OF On motion of Mayor Pro Temmpore Hinchman, Olson second,
3.17 ACHE PARCEL Council certified as adequate documentation the filing of a
}� J AT 2430 WEST Negative Declaration by the Cm=ity Development Director on
TUd%U R ROAD the 3.17 acre parcel located at 2430 West Turner Road, Lodi,
California.
ORD. NO. 1341 Council Member Olson then moved for introduction of Ordinance
INDUCED No. 1341 An Ordinance Redesignating a 3.17 Acre Parcel at
2430 West Turner Road, Lodi, from Commercial to Medium
Density Residential. The motion was seconded by Mayor Pro
Tempore Hinchman and carried by unanimous vote.
Continued December 19, 1984
�r
ANE141V1V1ENr OF
Council Member Reid then moved for introduction of Ordinance
P -D(1) SO THAT
No. 1342 - An Ordinance Amending P -D (1), Planned Development
2430 WEST TLIME
District No. 1 so that the 3.17 acre parcel at 2430 West
ROAD OQQKFUS TO
Turner Road, Lodi, conforms to the requirement of the R --CA,
MQUIRIVENTS OF
Garden Apartment Residential District rather than the C -S,
R -GA
Commercial Shopping District. The motion was seconded by
Mayor Pro Tempore Hinchman, and carried by unanimous vote.
OIiD. NO. 1342
INIBMUCED
PLAITING
City N%nager Glaves gave the following report of the
OOVMMIISSIQ1T
Planning C.anmission meeting of December 10, 1984:
-
The Planning Commission -
ITEM OF
1. Approved the request of Cook-Lukenbill Enterprises for
INIMMM
a Use Permit to erect a retail shopping center at 1000
West Kettleman Lane (i.e. southeast corner of Kettleman
Lane and Fairmont Avenue) in an area zoned P -D (15),
Planned Development District No. 15; and
Certified the filing of a Negative Declaration by the
Comumity Development Director as adequate environmental
documentation on the above project.
2. Approved the request of Lodi Community Hospital to extend
a Temporary Use Permit for mobile office located at 800
South Lower Sacramento Road for 6 months until June 13,
r
1985.
CMlV NICATICNS
CITY CLERK
CLAIMS
On recamiendation of the City Attorney and L. J. Russo
Insurance Services, Inc., the City's Contract Administrator,
Council, on motion of Hinchman, Olson second, denied the
following claims and referred them back to L. J. Russo
Insurance Services, Inc.:
a) David O'Connor DOL 11/30/84
b) Maria Carmen Calderon DOL 11/30/84
c) Harold & Lynn Stapleton DOL 11/18/84
CITY OOMPLETI(N
City Clerk Reimche presented the following letter which had
OF MmIAN IN
been received from Ronald B. Thomas of R. Thomas Development,
FRCNT OF WILWV
Inc.:
COURT SLEDIVISICN
"Re: City Completion of Median in front of Willow Court
Subdivision
Dear Council Members:
I am writing to request your consideration and favorable
decision to install irrigation and landscaping in the newly
constructed median referenced above.
As the subdivision is nearing completion for acceptance by
the City and as Public Works has scheduled the City portion
of the curb and gutter adjacent to Lower Sacramento Road, it
seems appropriate to complete the irrigation and landscaping
at this time.
The median is presently completed at both the north and south
ends of the section in question.
;U
Continued December 19, 1984
Thank you for your consideration of my request.
Sincerely,
R. THMM DEVEIAP11rMT, INC.
By s/Ronald B. Thomas"
Following discussion, with questions being directed to Staff,
Council, on motion of Council Member Reid, Hinclman, second,
<<� approved the subject installation be made by the City.
PUC APPLICATIONS City Clerk Reimche presented a letter which had been received
from Pacific Gas and Electric Company advising that they had
filed Application No. 84-11-054 in which it requests
authority from the California Public Utilities Commission to
increase electric rates, effective February 1, 1985 by
approximately $491.5 million on an annualized basis.
LETTER RECEIVED City Clerk Reimche presented the following letter which had
FROM LIFE been received from Mr. Steven A. Heron of the law firm of
CCBMITTEE Neumiller and Beardslee:
"Members of the Council:
This office represents Lodians In Favor of Free Enterprise
(LIFE). Without in any way waiving our legal opinion that
Lodi's Green Belt Initiative ordinance is invalid, we wish to
comment on the proposal to limit a landowner's right to
petition for election to once a year.
1. If the City is correct that the subject matter of such an
election is only an amendment to its General Plan, then why
is the landowner restricted to only one election per year?
By law a landowner is otherwise provided the right to
petition for a change to the General Plan designation four
times a year. Will landowners who are not within the Green
Belt area be similarly affected? If not, what is the
underlying justification for creating two classes of
landowners for purposes of General Plan amendments?
2. Will all Measure A elections be held at one time, or may
they be spread throughout the year?
In short, LIFE believes that no limitation upon the yearly
number of elections should be imposed. To do so would be
detrimental to the economic growth of Lodi.
Very truly yours,
LIFE CCAMITTEE
By s/Steven A. Herum
Council was apprised that Staff was preparing a report and
recommendation on this subject for presentation to the
Council at the January 16, 1985 Regular Meeting.
ABC APPLICATICNS Applications for Alcoholic Beverage Licenses were received as
follows_
a) Qadir, Mohammad Ajmal1Nbhammad Amjad
Milk Stop
321 S. Hutchins Street
Lodi, CA
Off Sale Beer and Wine
331
Continued December 19, 1984
b) Galloway, Michael L.
Tokay Shell Auto Care
420 West Kettleman Lane
Lodi, CA
Off Sale Beer and Wine
CQV1V1[NTS BY
CITY 09 -MIL
NOBERS
i `QI7FSTIGNS RE
P&yor Pro Tempore Hinchman directed questions to staff
BOTHER.SG:49E
concerning activities in a neighborhood that are bothersome
ACTIVITIES
to the area and what recourse citizens had in these matters.
CCNIPLAINTS
Mayor Pro Tempore Hinchman also directed questions to Staff
RECEIVED RE
regarding complaints that have been received regarding the
SUNSET THEATER,
condition of the Sunset Theater.
Comaamity Development Director Schroeder responded stating
that his department can mandate that the building be secured,
but little else. They have no authority when it comes to the
unsigk iness of the buildings.
Cannmity Development Director Schroeder and City Attorney
Stein then responded to questions that were introduced by
Council Member Reid as to when does an abandoned building
become a fire hazard.
f='AMIS`11SNG HWD
Council Mwber Olson reported that the new signal light at
`-J 'SIGNAL LICHT
the corner of West,Lane and Armstrong Road is now operable.
NOW IN OPERATICN
CIWIENTS BY THE
PUBLIC CN NCN
AGE ZA ITEVS
APPEAL OF MICHAEL
Mr. J. Anthony Abbott, Attorney-at-law of the firm of Mayall
FALIG9 FCR AN
Hurley, et al, addressed the Council advising that his firm
EXCEPTICN TO CITY
represents Michael Faught in all matters arising out of his
POLICY PERTAINING
prospective employment as a fireman with the City of Lodi.
` TO THE HIRING OF
Mr. Faught has been denied employment by the City of Lodi as
RELATIVES IN
a fireman on the sole basis that his father, Russell Faught,
CIDER TO ALLY
already works as a fire engineer in the department. The
HIS EVIPLOYIVIENT AS
basis for the refusal of employment was Resolution No. 83-15,
A FIREMAN WITH
adopted by the City Council March 2, 1983. It is Mr.
THE CITY OF LCDI
Faught's position that the denial of employment to him is a
misapplication of the policy embodied in Resolution No.
83-15, and constitutes insivious discrimination under Federal
and California law. Mr. Faught hereby petitions the City
Council to reverse the decision of City Manager Henry Glaves,
and ordering the hiring of Mr. Faught as a fireman in the
Lodi Fire Department.
Mr. Abbott then addressed the Council in detail regarding the
reasons he feels support for this request.
Nim. Al Haupt, 727 Grant Ave., Lodi, also addressed the
Council speaking on behalf of Mr. Faught's appeal.
Following a brief discussion, Mayor Snider directed the City
Clerk to place on the January 2, 1985 Regular Meeting Agenda,
the appeal of Michael Faught for an exception to City policy
pertaining to the hiring of relatives in order to allow his
L� y ►` employment as a fireman with the City of Lodi.
'PROTECT DETER- Mayor Snider introduced Agenda Item K-1 - Project Determina-
MI,WICN HAM tion - Ham Lane - Lodi Avenue to Elm Street.
LANE - LCDI
AVENUE TO ELM A verbatim transcript of the proceedings regarding this
STREET subject was made by a qualified Court Reporter. A copy of
the subject transcript, identified as Exhibit "A". is
Continued December 19, 1984
On motion of Mayor Pro Tempore Hinchman, Snider second,
Council approved Alternate B-1 with striping alternative A
(with further study to be made on restricted parking) as the
project design for Ham Lane Improvement Project - Lodi Avenue
to Elm Street. Council further directed Staff to make
findings in this matter and bring back the subject findings
to Council at its Regular Council meeting of January 2, 1985
for approval. The motion carried by the following vote:
Ayes: Council Members - Hinchman, Olson, Reid, and
Snider (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
RECESS Mayor Snider declared a 5 minutes recess and the Council
reconvened immediately following the recess.
IvIMIATED SALARY Following introduction of the matter by Staff, Council, on
u INCREASES - motion of Council Member Reid, Hinchman second, adopted
ELECIRICAL MT Resolution No. 84-191 approving negotiated salary increases
APPROVAL for the Electrical Unit effective the pay period beginning
December 31, 1984 as follows:
RES. NO. 84-191 BI -WEEKLY RATES
A B C D E
Journeyman
$1,046.40 $1,098.40 $1,137.60 $1,211.50 $1,272.00
Lineman
- - 1,137.60 1,211.50 1,272.00
Sr. Electric. Tech.
1,177.60 1,236.80 1,298.40 1,363.20 1,431.20
Foreman
1,151.20 1,208.80 1,269.60 1,332.80 1,399.20
Warehouseman
949.50 996.80 1,046.40 1,098.40 1,137.60
Asst. Utility Dir.
1,472.80 1,546.40 1,624.00 1,705.60 1,791.20
Elec. Engineer
1,368.00 1,436.00 1,508.00 1,583.20 1,662.40
Utility Supervisor
1,303.20 1,368.00 1,436.00 1,508.00 1,583.20
AGPJMIIlHNT WITH
Following introduction of the matter by Staff, Council, on
WHITVIRE, ET AL
motion of Council Member Pinkerton, Olson second, approved an
TO COVER CERTAIN
Agreement with Whitmore, Kay, et al, to cover certain
SPECIALIZED
specialized legal services for 1985 and authorized the City
LEGAL SERVICES
Manager and City Clerk to execute the subject agreement on
APPROVED
behalf of the City.
ANNEXATICN
Agenda item K-4 - "Initiate Annexation Proceedings for
PRCCEEDINGS
Sunwest IV" was introduced by CanT mity Development Director
;=INITIATED FOR
Schroeder who presented diagram for Council's perusal.
.'. ` SUNT = IV
Following Mr. Schroeder's presentation and questions being
RES. NO. 84-192
posed by Council, Council, on motion of Council Member Olson,
Hine man second, adopted Resolution No. 84-192 initiating
annexation proceedings for Sunwest IV with approval of the
Justification of Proposal and the City Service Plan.
ACIDIT AMID
Following introduction of the matter by City Manager Glaves,
MANAGEVUNT
Council, on motion of Council Member Pinkerton, Hincbman
LETTER - 6/30/84
second, received for filing the City of Lodi June 30, 1984
`-RECEIVED FOR
Audit and Management Letter as prepared by Ernst and Whinney. �
FILING
Continued December 19, 1984
33
1-11
V 14 _,,,HISTLRIC GRANTS Following introduction of the matter by City Manager Glaves,
IN AID APPLICA- Council, on motion of Mayor Pro Tempore Hindman, Reid
TIONS FOR second, adopted Resolution No. 84-193 approving an Historic
HUMINS S1REET Grants -in -Aid Application for the Hutchins Street Square
SQUARE Auditorium.
ALDITORILM
APPROVED
RES. NO. 84-193
f ADJO7CRWIM There being no further business to come before the Council
Mayor Snider adjourned the meeting at approximately 9:15 p.m.
Attest:
of
Alice M. Reimche
City Clerk