HomeMy WebLinkAboutMinutes - April 20, 1983402
CITY COUNCIL, CITY OF LCDI
CITY HALL COUNCIL CHAMBERS
iM)NESDAY, APRIL 20, 1983
A regular meeting of the City Council of the City of Lodi was held beginning
at 8:00 p.m. on Wednesday, April 20, 1983 in the City Hall Council Chambers.
ROLL CALL
Present: Council Members - Pinkerton, Snider, Murphy,
Reid & Olson (Mayor)
Absent: Council Members - None
Also Present: City Manager Glaves, Assistant City Manager
Glenn, Public Works Director Ronsko,
Community Development Director/Deputy City
Clerk Schroeder, and City Attorney Stein
INVOCATION
The invocation was given by Reverend R. L. Weishoff,
Emanual American Lutheran Church
PLEDGE
The Pledge of Allegiance was led by Mayor Olson
`. PRESENTATIONS
Mayor Olson presented the following Proclamations:
a) "Federation Day"
b) "Victim's Rights Week"
Mayor Olson, with the tacit concurrence of the Council,
presented a Resolution of Appreciation to retiring City
Employee - Elmer Mason.
REPORTS OF THE CITY MANAGER
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, Council, on motion of Council MaTber Murphy,
Reid second, approved the following actions hereinafter
set forth.
_L CLAIMS
CLAIMS WERE APPROVED IN THE AMOUNT OF $815,380.81
MINUTES
THERE WERE NO MINUTES PRESENTED FOR COUNCIL APPROVAL
PLANS AND SPECS
FOR KOFU PARK
TENNIS COURT
RESURFACING
APPROVED
COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "KOFU
PARK TENNIS COURT RESURFACING" AND AUTHORIZED THE CITY CLERK
TO ADVEtUISE FOR BIDS THEREON. IN GENERAL, THE WORK
CONSISTS OF REMOVING THE EXISTING SURFACE, APPLYING FILLED
COATS AMID A COLOR COAT AND REPAINTING THE COURT LINES.
ORDER OF VACATION
1' SOUTH HAM LANE COUNCIL ADOPTED RESOLUTION NO. 83-25 APPROVING AN ORDER OF
VACATION OF AN EASEMENT LOCATED ON SOUTH HAM LANE IN AN AREA
NEAR LODI AVENUE. COUNCIL WAS APPRISED THAT THE EASEMENT
RES. 83-25 PAS ACQUIRED IN 1954 AND FROM THE CITY'S RECORDS, IT APPEARS
THAT IT WAS NEVER USED. THE CITY HAS CHECKED IN ALL
UTILITIES AND NONE ARE USING IT OR HAVE ANY PROSPECTIVE USE
FOR IT.
40i
Continued April 20, 1983
AWARD - CONTRACT City Manager Glaves presented the following bids which had
FOR LAWRENCE been presented for the "Lawrence Park Restrooms":
PARK
BIDDER
-
AMOUNT
J
Fanos Construction
$62,052.00
C.E. Jones Construction Co.
$65,879.00
^ Neth Construction
$66,406.00
" Hildebrand Construction
$68,880.00
Clappis Construction
$69,235.00
Roek Construction
$72,400.00
Town & Country Contractors $85,795.00
On recommendation of the City Manager, Council adopted the
following Resolution:
RES.NO. 83-26 RESOLUTION NO. 83-26
RESOLUTION AWARDING THE CONTRACT FOR "IAWRIIJCE PARK
RESTRCCMS" TO FANGS CONSTRUCTION, THE LOW BIDDER, IN THE
AMOUNT OF $62,052.00
'j AGFdM2ENT WITH
COUNTY OF SAN
JOAQUIN TO
z
- ) PROVIDE CERTAIN
DATA PROCESSING
SERVICES APPVD.
COUNCIL ADOPTED RESOLUTION NO. 83-27 APPROVING AN AGREEMENT
WITH THE COUNTY OF SAN JOAQUIN TO PROVIDE DATA PROCESSING
RES. NO. 83-27
SERVICES TO THE LODI POLICE DEPAIZ34ENT FOR FISCAL YEAR
1983-84 AND AUTHORIZING THE CITY KwAGER TO E E= THE
AGREEMENT ON BEHALF OF THE CITY.
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
PUBLIC HEARINGS
Notice thereof having been published in accordance with law
and affidavit of publication being on file in the office of
the City Clerk, Mayor Olson called for the Public Hearing
to consider:
PLAN LINES ON
The existing and proposed plan lines on South Stockton
STOCKTON STREET
Street between Lodi Avenue and Kettleman Lane, Lodi.
AMENDED
The matter was introduced by Public Works Director Ronsko
who presented diagrams for Council's perusal. Mr. Ronsko
responded to questions regarding the matter as were posed
by the Council.
There were no persons wishing to speak in favor of the
matter.
The following persons addressed the Council speaking in
opposition:
a) Mabel Mangrum, 200 Hilborn Street, Lodi, California
b) Hattie Allen, 422 South Stockton St., Lodi, California
c) Fred Rudolf, 920 South Stockton St., Lodi, California
d) Mr. Huggins, 1232 Stockton Street, Lodi, California
e) Sam Teresi, 901 Holly Drive, Lodi, California
There being no other persons wishing to speak on the matter,
the public portion of the hearing was closed.
Following a lengthy discussion, with questions being
ORD. NO. 1286 directed to Staff, Council Member Reid moved for
INTRODUCED introduction of Ordinance No. 1286 - An Ordinance amending
the plan lines on South Stockton Street from Lodi Avenue to
Watson Street. The motion was seconded by Council Member
Murphy and carried by unanimous vote.
405
Continued April 20, 1983
PLANNING
CQIVaSSION
City Manager Glaves gave the following report of the
Planning Commission meeting of April 11, 1983:
The Planning Commission -
ITEMS OF
INTEREST
1. Conditionally approved the request of Baumbach and
Piazza, Consulting Engineers, on behalf of Dennis Bennett
and Walter Howen, M. D. to divide Assessor Parcel No.
035-175-10 into Parcels "A", "B", "C", and "D" located in
the 1400 block of West Lockeford Street and Graffigna Avenue
in an area zoned R-2, Single -Family Residential and R -GA,
Garden Apartment Residential.
2. Conditionally approved the request of Surenda F. Patel
for a Tentative Parcel Map to join the lots at 607 South
Cherokee Lane and 530 Eden Street in an area zoned C-2,
General Commercial and R -HD, High Density Multiple Family
Residential.
3. Determined that The Ashley Place, a lodging and boarding
facility for senior citizens, was a lodging house rather
than a hospital or convalescent home. This determination
modifies the off-street parking requirements for the
facility and eliminates the need to consider a Variance
request to reduce the off-street parking for a convalescent
hare.
4. Determined that a Zoning Hardship did not exist and
denied the request of Batmmbach and Piazza, Consulting
Engineers, on behalf of Consolidated Investors to reduce the
front -yard setback requirements from 20' to 18' on the west
side of South Ham Lane •between West Lodi Avenue and West
Tokay Street in an area zoned R -C -P, Residential -Commercial -
Professional.
5. Recommended that the San Joaquin County Planning
Commission approve the request of Baumbach and Piazza,
Consulting Engineers, on behalf of K. K. Sakoda to vary the
required 40 acre min um lot size to 1 acre to permit a
Tentative Parcel Map application and to subdivide a 9.4 acre
parcel into two parts with Parcel "A" containing 1 acre, and
Parcel "B" 8.4 acres at 5260 East Kettleman Lane.
6. Took no action on the referral by the San Joaquin County
Board of Zoning Adjustment of the request of David Christy
for a Use Permit to establish a used auto sales business at
1010 Augusta Street, Town of Woodbridge, in an area zoned
C-2, Commercial.
7. Recommended that the San Joaquin County Planning
Commission approve the request of Baumbach and Piazza,
Consulting Engineers, on behalf of Tokay Development for the
Tentative Parcel Map of Country View Estates, a 134 lot
residential subdivision on the west side of the Town of
Woodbridge.
RECESS
Mayor Olson called for a five minute recess, and the Council
reconvened at approximately 9:27 p.m.
COMMUNICATIONS
CITY CLERK
The Deputy City Clerk, James Schroeder, presented the
following applications for Alcoholic Beverage License(s):
ABC LICENSE (S)
a) Okazaki's
20 South Main Street
Lodi, California
Okazaki, Agnes/Tokuo
Off Sale Beer and Wine
406
Continued April 20, 1983
b) Playboy
7 South Sacramento Street
Lodi, California
Ehrlich, Elmer E.
On Sale General Public Premises
c) Asami's Japanese Restaurant & Drive In
410 West Kettleman Lane
Lodi, California
Kotaka, AsamilEdwin K.
PUC APPLICATIONS
Deputy City Clerk Schroeder presented the following
correspondence received regarding various PUC Applications:
1. Letter from Joseph E. Bodovitz, Executive Secretary,
Public Utilities Commission concerning Insurance, safety,
and route regulation of round-trip sightseeing tour
services.
2. Letter from E. C. Fishel, Pacific Telephone, re amending
its application for mobile telephone service rates.
3. Letter from Peter W. Hanschen, Pacific Gas and Electric
Company, re Application No. 83 04 19 requesting authority
from the California Public Utilities Commission to increase
electric rates, effective August 1, 1983.
4. Letter from Peter W. Hanschen, Pacific Gas and Electric
Company, re Application No. 82-03-85 with the California
Public Utilities Commission requesting ex parte authority to
establish immediately a gas and an electric expense
accumulation account to record the additional expenses PG&E
will accrue in 1983.
5. Letter from Peter W. Hanschen, Pacific Gas and Electric
Company, re Application No. 83-03-84 with the California
Public Utilities Commission requesting ex parte authority to
increase its electric base rates by approximately $22
million as of May 1, 1983.
r COUNCIL SUPPORTS
CONGRESSMAN
SHU4MY'S
PROPOSED
CONSTITUTIONAL
AMENDMENT RE
DESIGNATING
ENGLISH AS THE
OFFICIAL
LANGUAGE OF THE
UNITED STATES
Following presentation by Deputy City Clerk Schroeder of a
letter from Congressman Norman D. Shuway regarding his
efforts to have English designated the official language of
the United States and a copy of the proposed Constitutional
Amendment he is proposing, Council, on motion of Mayor Pro
Tempore Snider, Pinkerton second, urged support of the
subject Constitutional Amencb ent.
COUNCIL ADOPTS
t RESOLUTION
OPPOSING AB187
AND SB778 -
=3 COMPULSORY AND
BINDING
` ARBITRATION
Following introduction of the matter, Council, on motion of
Mayor Pro Tenpore Snider, Reid second, adopted Resolution
No. 83-29 opposing AB 187 (Young) and SB 778 (Dills) which
RES. NO. 83-29
would enact a system of compulsory and binding arbitration
to settle collective bargaining disputes.
407
Continued April 20, 1983
The following letter, which had been received from
Sacramento Metropolitan Cable Television Commission, was
presented for Council's information. No formal action was
taken by the Council on the matter.
S.66 (GOLDWATER)
CABLE TELEVISION "Dear Cable Television Officer:
Pending federal legislation may threaten to erode the
ability of your City Council to negotiate and enforce cable
television franchises. The Board of Directors of the
Sacramento Metropolitan Cable Television Commission has
authorized its staff to actively work with other cities to
defeat S.66, the Goldwater Bill, which seeks to usurp local
authority over cable television.
The Board of the National League of Cities recently approved
co promise language for S.66. Many cities feel as we do,
that this compromise is not in the best interest of cable
subscribers. Member cities of the NLC were not consulted
prior to the approval of this conpromise.
In a hastily called meeting in Washington, D.C., over 25
cities met to discuss the NLC ca9romise. A second meeting
of cities is scheduled for April 20th in Washington, D.C.
It is critical that cities join together in opposition to
the NLC compromise. If, after conducting your own analysis,
you wish to express your opposition, the following steps are
recamizded:
1. Adopt a Resolution similar to the attached sample
opposing the NLC compromise and articulating your specific
concerns with S.66 and the compromise language. Send copies
of this Resolution to the NIC, the League of California
Cities, the Senate and House Communication Sub --Ca Taittees,
and your congressional delegation. Please foward copies of
your approved Resolutions to my office.
2. Attend a meeting in Los Angeles on April 22nd to discuss
developrents in Washington and further action California
cities and the League of California Cities could take. This
meeting is being coordinated by Michael Stover, Assistant
City Manager for Lake+aood, and will take place in the City
of E1 Segundo. Directions are attached.
The Board of the League of California Cities is meeting on
April 29th and will be discussion S.66 and the NIC
compromise. It is important that the Board hear from member
cities regarding the potential impact of federal cable
deregulation.
If you have any questions or need more information, please
call me at (916) 440-6661 or Michael Stover at (213)
866-9771 ext. 214.
Sincerely,
SPERANZA AVRAM, Cable Coordinator
Sacramento Metropolitan Cable
Television Ccmnission"
CLADS On recce r endation of the City Attorney and R. L. Kautz and
Company, Council, on motion of Council Member Reid, Murphy
second, denied the following claim and referred it back to
R. L. Kautz and Company:
Virginia Flores DOL 11/2/82
408
Continued April 20, 1983
CITY CLERK
DIRECTED TO POST
FOR VACANCIES ON
LODI ARTS
COMMISSION
COMMENTS BY
CITY COUNCIL
MEMBERS
APPOINTMENT TO
LODI ARTS
COMMISSION
RATIFIED
RES. SUPPORTING
SB 575 - FORAN
RE JOINT AND
SEVERAL
LIABILITY
RES. NO. 83-28
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS
REPORTS OF THE
CITY MANAGER
FOR HAM AND
•.TDKAY TRAFFIC
r�ry>SIGNAL
Following introduction of the matter, Council on motion of
Council Member Murphy, Reid second, directed the City Clerk
to make the necessary postings for vacancies recently
announced on the Lodi Arts Commission.
On motion of Mayor Pro Tempore Snider, Reid second, Council
concurred with Mayor Olson's appointment of Zelma Meeks to
the Lodi Arts Commission to fill the unexpired term of Bill
Chapman, which term expires May 5, 1985.
Following introduction of the matter by Council Member Reid,
and discussion, Council, on motion of Council Member Reid,
Snider second, adopted Resolution No. 83-28 - Resolution
supporting SB 575 - Foran, which would modify the joint and
several rule for damages other than out-of-pocket expenses
like medical bills and lost wages.
There were no persons in the audience wishing to speak under
this segment of the agenda.
City Manager Glaves apprised the Council that the following
bids had been received for the Ham Lane and Tokay Street
Traffic Signal Installation:
M & M Electric
$29,229.00
Collins Electrical Co.
$33,333.00
Steiny and Company, Inc.
$33,631.00
Smith Electric Supply
$36,733.00
Gra£figna Electric
$39,894.00
Engineer's Estimate
$60,000.00
Council was further apprised that this project consists of
the installation of a two-phase traffic actuated signal
utilitizing City furnished poles and controller equipment.
During the design of this project, City staff and the
consultant (Nolte & Associates) investigated the possibility
of interconnecting the signals on Ham Lane at Tokay and
Vine. Interconnection will allow some degree of progression
on Ham Lane at speeds between 30 and 35 mph depending on the
final design. until recently, the only way to do this was
through the use of wire and hardware connecting the two
controllers or special time base coordination units
(wireless). Both techniques would have cost over $10,000.
This year some simplified, solid state timers have care on
the market. They will allow the signals to coordinate
sufficiently for the traffic needs on Ham Lane. It is
recommended that this type of system be installed on Ham
Lane at Tokay and Vine.
409
Continued April 20, 1983
RES. NO. 83-30 Following discussion, Council, on motion of Mayor Pro
Tempore Snider, Reid second, adopted Resolution No. 83-30
awarding the contract for "Ham Lane and Tokay Street Traffic
Signal Installation" to the low bidder, M & M Electric, and
authorized the expenditure of up to $4,000 to interconnect
the signal with the existing signal at Ham Lane and Vine
Street.
STATUS REPORT
GIVEN RE THE
LODI UNITED
ASSESSMENT
DISTRICT
BEAUTIFICATION
PROJECT
PROCEDURE
ESTABLISHED
REGARDING
RECEIVING
OF BIDS
A status report regarding the Lodi United Downtown Assess-
ment District Beautification Project was given by Council
Member Pinkerton.
At the request of Council Member Pinkerton, Council reviewed
the City's present policy concerning the receiving of bids
and particularly the sequence of events leading to the
opening of bids for the "Howard Street Curb and Gutter
Replacement, Lake Street to Holly Drive".
Council discussion followed with questions being directed to
the City Attorney and to Staff.
Following discussion, on motion of Council Member Pinkerton,
Murphy second, Council determined that the fixture policy of
the City of Lodi as it relates to the receiving of bids is
` that no bid will be accepted unless it has been received by
the City Clerk at or prior to the tine and place set for the
bid opening. The motion carried by unanimous vote.
Agenda item K-4 - "Report re G -Basin Staging" was introduced
by Public works Director Ronsko.
Mr. Ronsko presented an indepth report regarding the subject
which included the following points:
STAGING
CONSTRUCTION AT
G-BASLN SITE General Concept - Allow developer to use a portion of
existing G -Basin site for construction of interim drainage
Basin Facilities to serve their developm..nt.
Existing Lease
Terminates October 14, 1986
Rent - $2,700/yr
City can use for basin purposes - 90 day notice
City to pay for any crops not harvested
Recomrend meeting with lessee (Batch) to discuss:
1. Tentative timetable of construction and crop planting
2. Size and location of parcel to be removed for lease
agreement.
County Approval
County staff indicates that since improvements are for a
public purpose, that no Use Permit or County approval will
be required.
410
Continued April 20, 1983
Interim Basin Improvements
minimum improvements are recanrended (i.e., no sprinklers,
turfing, or off-site improvements)
System designed to work by gravity (i.e., no pumping
facilities)
EIR will be required to cover interim improvements
A lengthy discussion followed with questions being directed
to Staff.
Following discussion, on motion of Council Member Murphy,
Reid second, Council approved the concept as outlined.
On motion of Council Member Pinkerton, Murphy second,
Council determined that the City of Lodi and the developer
will split the cost of the preparation of the E.I.R.
equally.
AMENDED AGRJ04ENT
FOR WELL 17 SITE
�'- APPROVED Agenda item - k-5 - Approve Amended Agreement for Well 17
Site was introduced by City Attorney Stein. A copy of the
subject agreement was presented for Council's approval and
was highlighted by the City Attorney.
Following discussion, Council, on motion of Mayor Pro
Tempore Snider, Reid second, approved the subject agreement
and authorized the City Manager and the City Clerk to
execute the agreement on behalf of the City.
SPECS FOR
CONCESSIONS AT
LODI LAKE PARK
APPROVED FOLLOWING INTRODUCTION OF THE MATTER BY CITY MANAGER,
GLAVES, COUNCIL, ON NOTION OF COUNCIL MEMBER PINKERTnN,
MURPHY SECOND, APPROVED THE SPECIFICATIONS FOR THE
CONCESSIONS AT LODI LAKE PARK AND AUTHORIZED THE ADVERTISING
FOR BIDS THEREON.
REQUEST FOR
PROPOSAL FOR
WORKERS
COMPENSATION
CONTRACT
ADMINISTRATORS
APPROVED Following introduction of the matter by the City Manager,
Council, on motion of Council Member Pinkerton, Murphy
second, authorized the firm of Barbara Akk and Associates to
prepare request for proposal for Workers Compensation
Contract Administrators.
DEFINITIONS
REGARDING
GARBAGE AND
SOLID WASTE
COLLECTION City Attorney Stein presented the following report regarding
definitions regarding Garbage and solid waste collection:
At the March 16, 1983 City Council meeting, Council referred
the subject of the garbage and solid waste ordinance back to
staff, to clarify what is meant by "industrial plants" under
Lodi City Code Section 11-1.
It is to be noted that although the City has the authority
under State law (Government Code Section 66757) to regulate
all garbage and solid waste collections within this City
(see also Lodi City Code Section 11-6), the City at present
has regulated only for the collection of residential and
commercial garbage and solid waste, but has not regulated
the collection of garbage and solid waste from industrial
plants.
411
Continued April 20, 1983
In looking at the definition of "garbage" and "solid waste"
under Lodi City Code Section 11-1, it is to be noted that
there is an exception from the definition for factory waste
and refuse from industrial plants.
I. DEFINITION OF INDUSTRIAL PLANTS
In order to determine what is meant by industrial plants,
one must look at (1) the Lodi City Zoning Code Chapter 27;
-- and (2) the activity that is going on at the industrial
plant. Both criteria must be considered and joined in order
to obtain an adequate clarification of the phrase
"industrial plant".
To illustrate why both of these factors must be considered
jointly in the definition of industrial plants, I would use
as an example the Lodi Cable Television Company. If one
were to ask if they were an industrial plant and only apply
the Zoning Code, one could say that they are in an
industrial zone and could only be allowed in same. The
reason that the Lodi Cable TV is in an industrial zone is
not because of their activity, but because of their towers
and satellite receivers. They would not be considered an
industrial plant under Lodi City Code Section 11-1.
It would be my recommendation that the City clarify the
definition of the phrase "industrial plant" as it relates to
the collection of garbage and solid waste, by adopting a
Policy Statement as follows:
"A POLICY ST.9TTMU OF THE CITY OF LODI CLARIFYING THE
DEFINITION OF THE PHRASE 'INDUSTRIAL PLANTS' AS IT REIATES
TO THE COLLECTION OF GARBAGE AND SOLID WASTE WITHIN THE CITY
OF LODI"
"As it relates to the collection of garbage and solid waste
within the City of Lodi, the following shall be the
definition for the phrase 'Industrial Plants'" -
"'Industrial Plants' means any person, firm, or corporation
engaged in the business of processing or manufacturing
agricultural products, animal, poultry, goods, wares, or
other products or materials whose principal outlet for such
products or wares is primarily wholesale, rather than
retail, and whose business would not be permitted to be
located in a General Comwxcial District (C-2) or higher
(C-1, P -D, C -S, or any Residence District, R -C -P through
R-1), as those districts are defined in Chapter 27 the Lodi
City Code".
It is interesting to note that in practice over the past 15
years, the City staff has in fact followed the practice
which is now being suggested be put into a Policy Statement,
in determining which accounts were industrial plants and
which accounts were commercial entities.
There could be certain grey areas which will require a
judgment call on behalf of the staff and/or this Council on
appeal.
II. REGULATION OF COLLECTION OF GARBAGE AND SOLID WASTE
- FROM INDUSTRIAL PLANTS.
This Council should be aware that in 1979 pursuant to
Resolution No. 79-147, the City adopted the County's Solid
Waste !Management Plan (a review of said Plan is now taking
place). on page 3-20 and 3-22 of said Plan, there are
references to the franchise, On page 3-20, it states:
"City governments are responsible for solid waste storage
and collection within their respective incorporated areas".
Continued April 20, 1983
Page 3-22 states:
"Each city is responsible for the collection services within
its incorporated areas, either through franchise, permits,
or licenses to private companies, or use of its municipal
employees."
It does appear, therefore, that the City has a requirement
to put into effect the Solid waste Management Plan by the
regulation of all phases of collection of garbage and solid
waste within the City of Lodi.
At present, the City has franchised to- Sanitary City, the
collection of garbage and solid waste in the residential and
commercial areas, but there has been no regulation of the
collection of garbage and solid waste fron industrial
plants. It is incumbent upon the Council to determine how
the City is going to regulate the garbage and solid waste
collection from industrial plants.
Of course, there are a number of questions that need to be
answered in determining how to regulate the collection of
garbage and solid waste from industrial plants. Score of the
questions are as follows:
a) Does the City want to have franchises, permits, or
licenses to private ccupanies, or use of its municipal
employees?
b) What would be the qualifications for being an industrial
hauler?
c) Would we require a bond of same?
d) Would the City be interested in billing the industrial
customer?
e) Hoa would we monitor the industrial hauling for charging
at the landfill?
f) Would we have a scale for same?
g) Does the City want to charge a fee based on tonnage?
Mr. Stein recommended that Council direct Staff to review
methods to regulate the industrial plants and have staff
report back to Council at the earliest possible time with a
report.
Council discussion followed with questions being directed to
the City Attorney.
No formal action was taken by the Council on the matter.
ADJOURNMENT There being no further business to c®mie before the Council
on motion of Council Member Pinkerton, Reid second, the
meeting adjourned at approximately 10:40 p.m.
Attest:
�J s B. Schr r
i DBputy City Clerk