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HomeMy WebLinkAboutMinutes - August 3, 1983480 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, AUGUST 3, 1983 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, August 3, 1983 in the City Hall Council Chambers. ROLL CALL Present: Council Manbers - Murphy, Pinkerton, Snider, and Olson (Mayor) Absent: Council Members - Reid Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Pastor Jim Holm, Vinew od Community Church PLEDGE The Pledge of Allegiance was led by Mayor Olson PRESENTATIONS There were no awards or presentations CONSENT CALENDAR REPORTS OF THE CITY MANAGER In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Pinkerton, Murphy second, approved the following actions hereinafter set forth. CLAIM CLAIMS WERE APPROVED IN THE AMOUNT OF $1,566,598.41 MINUTES THE MINUTES OF JULY 6, 1983 WERE APPROVED AS WRITTEN. AWARD - CATCH City Manager Glaves presented the following bids which had f^� BASIN been received for "Catch Basin Replacement 82-83". BIDDER BID Wayne Fregien $22,993.60 Crutchfield Construction $23,444.00 Case Construction $24,580.90 K.B. Construction $26,436.00 Granite Construction $29,363.00 L. s P. Construction $32,494.00 Claude C. Wood $32,731.05 RES. NO. 83-74 Following recammendaticn of the City Manager, Council adopted Resolution No. 83-74 awarding the contract for "Catch Basin Replacement 82-83- to Wayne Fregien in the amount of $22,993.60 and appropriated an additional $10,000 to complete the project. - AWARD - ELM City Manager Glaves presented the following bids which had "STREET STORM been received for "Elm Street Storm Drain - Main Street to �,. DRAIN - MAIN Washington Street": ST. TO WASHINGTON STREET BIDDER BID Wayne Fregien Construction $24,710.50 Crutchfield Construction $27,102.00 Claude C. Wood Company $31,523.00 Pacific Sun Construction $31,879.00 Granite Construction Co. $37,346.00 Garrison Construction Co. $37,689.00 Continued August 3, 1983 RES. NO. 83-75 On recommendation of the City Manager, Council adopted Resolution No. 83-75 awarding the contract for "Elm Street Storm Drain, Main Street to Washington Street" to Wayne Fregien in the amount of $24,710.50. AWARD - HUTCHINS City Manager Glaves presented the following bids which had -STREET IMPROVE- been received for "Hutchins Street Improvements, Kettleman :.MENTS KErrLEMAN Lane to Rimby Avenue": LANE TO RIMBY AVENUE Bidder Bid Bid Base & A Base & B Pacific Asphalt, Inc. $45,311.50- $45,314.50 Claude C. Wood Co. $50,068.50 $48,863.50 Stanfield & Moody, Inc. $58,165.00 $56,475.00 Granite Construction Co. $58,138,75 $57,328.75 RES. NO. 83-76 Following recommendation of the City Manager, Council adopted Resolution No. 83-76 awarding the contract for "Hutchins Street Improvements, Kettleman Lane to Rimby Avenue" to Pacific Asphalt Company and authorized the Public Works Director to negotiate with the Contractor for the alternate which will result in the least construction time. ORDER OF VACA- A diagram of an easement in the area of 1340 S. Hutchins TION ADOPTED FOR Street was presented for Council's perusal. Council was � EASEMENT apprised that the easement was acquired in 1939 and frons our IX= AT 1340 records, it appears that it was never used. The City has S. HUICHINS ST. checked with all utilities and none are using it or have any LODI prospective use for it. RES. NO. 83-77 COUNCIL ADOF1ED RESOLUTION NO. 83-77 APPROVING AN ORDER OF VACATION OF AN EASMM IDCATED AT 1340 S. HUPCHIN STREET, LORI. Council was apprised that Ron Dancer, owner of Plaza Liquors at 800 S. Cherokee Lane has requested "No Parking" zones to provide better sight distance for his customers as they exit the driveways onto Cherokee Lane. The situation is similar to that at other locations along Cherokee Lane where property owners have requested the removal of on -street parking near driveways to prevent accidents (Big -0 Tires, Royal Host Inn, Tokay Bowl, Ellis Car Wash, etc...) The proposed red curb would result in the loss of a total of three on -street parking stalls, but space for five vehicles would still be retained between the two zones. There are approximately 25 off-street stalls provided for the two establishmerits on Mr. Dancer's property (Plaza Liquors and Lodi Quick Lube). In addition, Mohanbhai and Manjulaben Patel, owners of the Rancho Grande Motel at 807 S. Cherokee Lane, and Sanjay Patel, owner of the Viking Motel at 815 S. Cherokee Lane have requested a No Parking Zone to provide sight distance for their customers exiting the motel driveways onto Cherokee Lane. NO PARKING ZONES ESTABLISHED 800 The two motels are the only properties affected, and one S. CHEROKEE IAN. on -street parking stall will be lost. LODI COUNCIL ADOPTED RESOLUTION NO. 83-78 ESTARr.IMM C' "NO RES. NO. 83-78 PARKING" ZONES IN THE AREA OF 800 S. CHEROKEE LANE, LODI. yyJ Council was apprised that- Grupe Communities, Inc., the developer of Lakeshore Village Unit No. 3 has furnished the City with the final map and the improvement plans as well as the necessary agreement, guarantees for faithful performance and labor and materials, insurance certificate and subdivision fees for the proposed subdivision. 4A? Continued August 3, 1983 The subdivision is located on the south side of Lakeshore Drive between Mills Avenue and Newport Drive. It contains approximately 4.7 acres with 31 single-family lots and is zoned PD -21. APPROVAL OF COUNCIL APPROVED THE FINAL MAP FOR LAKESHORE VILLAGE UNIT LAKESHORE NO. 3 AND DIRECTED THE CITY MANAGER AND CITY CLERK TO VILLAGE UNIT EYECUTE THE SUBDIVISION AGREEN�,T ON BEHALF OF THE CITY NO. 3 APPROVAL GRANTED FOR BOOK PUBLISHING COMPANY TO PRE- Council adopted Resolution No. 83-80 - A Resolution of PARE A LEGISLA- COUNCIL ADOPTED RESOLUTION NO. 83-79 APPROVING A CONTRACT :. TIVE ANALYSIS WITH BOOK PUBLISHING OOMPANY FOR AN ORDINANCE ANALYSIS AND �" OF THE LODI CITY REPORT AND CODE STRUCTURAL PLAN FOR THE CITY OF LODI AND • ' CODE AUTHORIZED THE MAYOR AND CITY CLM TO EXIXiJ1B THE CONTRACT reccnmendation, and setting the matter for Public Hearing ON BEHALF OF THE CITY. THE COST OF THIS ANALYSIS WILL BE RES. NO. 83-79 $2,000.00. R/W ACQUISITION Council was apprised that during the investigation of the S. S.TOCKTON properties at South Stockton Street for acquisition, one STREET parcel was determined to have some problems in its legal F description leading to possible overlapping rights along Redwood Street. As a consequence, the City has asked the owner to quitclaim her rights to a half width on Redwood Street with the understanding that the City would quitclaim any rights they have to the remaining parcel. COUNCIL AUTHORIZED THE RECORDING OF A QUITCLAIM DEED TO THE OWNER OF THE PARCEL AT 730 SOUTH STOCKTON STREET, LODI. Council was informed that the owners of 600 Rutledge Drive are desirous of building a swimming pool and would like to use a portion of the rear easement. A preliminary review indicates that frau 2' to 6' could reasonably be abandoned without affecting the utilities in the easement (CATV, PT, PG&E). it appears reasonable to include the entire block in order to facilitate future background construction. The owners of the property have provided funds for the necessary advertising, and PG&E, Pacific Telephone, and Lodi Cable TV have been notified of the proposed abandonment and their approval will be secured prior to the final action. RES. OF INTEN- TION TO ABANDON PORTION OF EASEMENT AT Council adopted Resolution No. 83-80 - A Resolution of j' LOTS 14 THRU 20, Intention to abandon the easements on Lots 14 through 20, v WESTLAIC; UNIT Westlake Unit No. 2 and Lots 35 thru 48, Westlake Unit No. NO. 2 1, referring the matter to the Planning Commission for its reccnmendation, and setting the matter for Public Hearing RES. NO. 83-80 before the Council on September 7, 1983. ` AWARD - PURCHASE City Manager Glaves presented the following bids which had OF THREE PHASE been received for two 1,500 KVA three-phase padmount PADMOUNT transformers: TRANSFORMERS ;rJ SEE PAGE 4 RES. NO. 83-81 Council adopted Resolution No. 83-81 awarding the bid for the purchase of two 1,500 KVA, three-phase padmount transformers to R.T.E. Corporation in the amount of $28,414.36. Supplier R.T.E. Corporation Waukesha, WT THREE-PHASE PADiIQUNT TRANSFOLMER BID EVALUATION UD -E33-8 "Aa OtBn Price Cost of w/tax Losses "An f "Brr Estimated Life -Cycle Delivery Cost weeks $28,414.36 $30,571.50 $58,985.86 13 Square -D Company Hayward, CA 30,754.84 28,735.80 59,490.64 12 Westinghouse Elect. Supply Co. , Concord, Q% 26,168.94 McGraw Edison Burlingame, CA 36,521.24 General Electric Supply Co. Emeryville, CA 37,761.44 36,275.80 62,444.74 12-14 28,026.40 64,547.64 18 27,835.90 65,597.34 "12-14 484 Continued August 3, 1983 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 Olson called for the Public Hearings to consider: a) the recommendation of the Lodi Planning Commission to the City Council that the Final Environmental Impact Report for Sunwest IV,a 52.6 acre mixed Residential or Residential -Institutional Project proposed for the east side of Lower Sacramento Road, Lodi, one-quarter mile _ north of Kettleman Lane, Lodi, was adequate. SUNWFST IV b) the Lodi City Planning Commissions recommendation that Sunwest IV, a 52,6 acre mixed Residential or Residential Institutional Project proposed for the east side of Lower Sacramento Road, Lodi, one-quarter mile north of Kettleman Lane be prezoned to P -D (25), Planned Development District No. 25 with conditions. The matter was introduced by Community Development Director Schroeder who presented diagrams of the subject area. Assistant Planner David Morimoto detailed the Final Environmental Impact Report and responded to questions regarding the subject as were posed by the Council. The following persons spoke on behalf of the subject project: 1. Glen Baumbach, Baumbach and Piazza, 323 W. Elm St.,Lodi 2. Wayne Craig, 222 W. Iockeford, Suite 1, Lodi The following persons spoke in opposition addressing their concerns regarding the traffic flow on Filly Drive, Lodi: 1. Mrs. Renee M. Matson, 911 Laver Court, Lodi _ 2. Mr. Roy Edwards, 2124 Sunwest Drive, Lodi 3. Dr. Mike Matson, 911 Laver Court, Lodi There being no other persons in the audience wishing to speak of the matter, the public portion of the hearing was closed. Following additional discussion, on motion of Council Member Pte, Snider second, Council Certified that the Final Environmental Impact Report for Sunwest IV was adequate and established the following findings: 1. The adverse inpact of the loss of agricultural land is overridden by the following considerations: - prior to the passage of the Measure A growth initiative, the area had been designated for urban development in the Lodi General Plan. - there will be sufficient need for additional residential acreage to warrant the conversion _ of this agricultural land. Based on current projections, the City has a 3.75 year supply of residential acreage. Because of the time - required for the election, governmental processing and major utility installations, the first residences in Sunwest IV will not be completed until sometime in 1985. By this time the City will have depleted much of the current supply of residential acreage. Ha Continued August 3, 1983 - all the land surrounding the City of Lodi is prime agricultural land. The Sunwest IV property is contiguous to existing City development and is a logical location for residential development. 2. That Laser Sacramento Road, vine Street and the street within the development will adequately handle the additional traffic generated by this project. 3. That the impact of high noise levels adjacent to Lower Sacramento Road will be reduced by requiring special sound reduction design and construction. 4. That the L.U.S.D. has acknowledged that an agreement has been entered into with the developer to mitigate the adverse impact of additional school children. 5. That the development of Sunwest IV will be contingent on the construction of an adequate storm drain facility to serve the project. Council Member Pinkerton then moved the introduction of Ordinance No. 1292 prezoning Sunwest IV, a 52.6 acre mixed Residential or Residential -Institutional Project proposed for the east side of Lower Sacramento Road, Lodi, one-quarter mile north of Kettleman Lane, Lodi, California to P -D (25) , Planned Development District No. 25 with the following conditions: a) that the single-family areas in the project conform to the City's R-1, Single -Family Residential District; b) that the cluster hares development be limited to 15 units per acre and confonn to the City's -R-GA, Garden Apartment Residential District. ORD. NO. 1292 The motion was seconded by Mayor Pro Tempore Snider and INTRODUCED carried by the following vote: Ayes: Council Members - Murphy, Pinkerton, Snider, and Olson (Mayor) Noes: Council Members - None Absent: Council Members - Reid MEASURE TO BE On motion of Council Member Pinkerton, Murphy second, VOTED ON BY Council adopted Resolution No. 83-82 placing the following ELE--IORATE measure.on the November 8, 1983 ballot to be voted on by the electorate of the City of Lodi: RES. 83-82 "Shall the Land Use Element of the Lodi General Plan be amended to include sunwest IV, a proposed 52.6 acre project containing 103 single-family lots, a 7.8 acre parcel for cluster hones and a 4.6 acre parcel for duster hcmes or a church site. The project is bounded by Sunwest, Unit No. 3 on the north, the Woodbridge Irrigation District Canal on the east; a line one-quarter mile north of West Kettleman '_ane (State Route 12) on the south and Lower Sacramento Road on the West?" Further, on notion of Council Member Murphy, Snider second, the City Clerk was directed to negotiate with the County Clerk for certain services for the November 6, 1983 election at which time the heretofore listed measure will be voted on. RECESS Mayor Olson declared a 5 minute recess and the meeting reconvened at approximately 9:55 p.m. PLANNING /COKAISSION City Manager Glaves gave the following report of the Planning Commission Meeting of July 25, 1983: 486 Continued August 3, 1983 ITEMS OF INTEREST The Planning Commission: ITEMS SET FOR 1. Recommended that the City Council amend P -D (17), PUBLIC HEARING Planned Development District No. 17 by increasing the density to 30 units per acre with a parking ratio of 1 to 1 to provide for a 96 unit complex for senior citizens to be located on the westerly 484.55 feet of 800 North Church Street. 2. ReccmTended that the City Council certify the filing of a Negative Declaration by the Conm3nity Development Director as adequate environmental documentation on the above project. ITEM SET FOR On motion of Council Member Murphy, Snider second, Council PUBLIC BEARING set the heretofore listed items for Public Hearing on Wednesday, August 17, 1983 at 8:00 p.m. The Planning Commission also - ITEMS OF 1. conditionally approved the request of Ronald B. Thomas INTEREST on behalf of Arbor Retirement Center for a Use Permit to construct a 49 bed residential care facility on the easterly 126.63 feet of 800 North Church Street in an area zoned P -D (17), Planned Development District No. 17. 2. certified the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above project. 3. by a 3 to 3 vote with Chairman Hoffman absent, denied the request of Tony Canton on behalf of Bocan construction for a Zoning Variance to permit the construction of a non -conforming 16 -unit apartment house at the site formerly occupied by the Cosmopolitan Hotel at 100 East Oak Street in an area zoned M-1, Light Industrial. COMMUNICATIONS CITY CLERK >>-^ ABC LICENSES Applications for the following Alcoholic Beverage Licenses) were received and presented by the City Clark.- a) lerk: a) Morales, Antonio Sr./Maria-Elena Matzatlan Cafe 125 N. Sacramento Street Lodi, CA 95240 On Sale Beer and wine Eating Place b) Burt, Byron 0. Chandler, Donna L. Grandma's House 1030 S. Hutchin Street Lodi, CA 95240 On Sale Beer and wine Eating Place _ c) Harold Butler Ent. 4204, Inc. Denny's Restaurant, #204 701 East Kettleman Lane Lodi, CA 95240 d) Lucky Stores, Inc. 340 West Kettleman Lane Lodi, CA 95240 Off Sale General e) Rodriguez, Tony Tony's 2525 S. Hutchins, Ste. 10 Lodi, CA 95240 On Sale Beer and Wine Eating Place Continued August 3, 1983 CLAIMS On recommendation of the City Attorney and R. L. Kautz and Company, Council, on motion of Council Member Murphy, Snider second denied the following claims and referred them back to R. L. Kautz and Crpany: Ronald Meier DOL 2/9/83 PUC City Clerk Reimche presented a copy of the Pacific Telephone APPLICATIONS and Telegraph Company Notice of Application for Authority to adopt intrastate access charge tariffs and Notice of Amendment to Application for an increase in rates. Discussion regarding this natter followed with no formal action being taken by the Council. APPEAL SEI' FOR Following introduction of the matter by the City Clerk, HEARING _ Council, on motion of Mayor Pro Tempore Snider, Pinkerton second, set the appeal of Mr. Tony Canton, c/o Bocan Construction, P. O. Box B-26, Lodi, of the Lodi City Planning Commission's denial for a Zoning Variance to permit the construction of a non -conforming 16 unit apartment house at the site formerly known as the Cosmopolitan Hotel at 100 East Oak Street, Lodi, in an area zoned M-1, Light Industrial for Public Hearing on Wednesday, August 17, 1983 at 8:00 p.m. COMMENTS BY CITY COUNCIL NIERS APPOINTMENT TO Mayor Olson, with the concurrence of the Council, on motion �i- - LODI PERSONNEL of Mayor Pro Tenpore Snider, Pinkerton second, appointed BOARD OF REVIEW Lorraine Bledsoe to the Lodi Personnel Board of Review for a four-year germ expiring June 30, 1987. JLODI PARKS AND Mayor Pro Tempore Snider referring to a recent "Letter to RECREATION the Editor- that appeared in the Lodi News Sentinel DEPT. APPLAUDED applauded the Lodi Parks and Recreation Department for the outstanding job they are doing in providing recreational programs to youth and adults in the oommmity. MAYOR REPORTS ON RECENIP i Y DEDICATING OF Mayor Olson reported on the recent dedication ceremonies THE NCPA GEO- for the NCPA Geothermal Plant #2. THERMAL PLAN!' #2 COMMENTS BY THE There were no persons in the audience wishing to speak under PUBLIC ON NON this segment of the agenda. AGENDA ITEMS REPORTS OF THE CITY MANAGER REGULAR CALENDAR PLANS & SPECS Following introduction of the matter by City Manager Glaves .� FOR STADIUM and Council discussion, Council, on motion of Council Member PARKING LOT Pinkerton, Olson second, approved the plans and APPROVED specifications for the stadium parking lot and authorized the City Clerk to advertise for bids thereon. ITEM R1I4VID With the tacit concurrence of the Council, Agenda item K-1 - FROM AGENDA "Report by United Downtown Improvement District Committee regarding the Proposed Assessment District was removed frau the Agenda. LODI DIALr-A- Council received for filing Performance Audit of the Lodi RIDE PERFORMANCE Dial -A -Ride by the Division of Local Government Fiscal AUDIT RECEIVED Affairs, Bureau of Streets and Roads. " FOR FILING =3 Continued August 3, 1983 AREA OF ORIGIN At the request of Mayor Olson, Council was in receipt of a -, LAWS PRGTE 1NG letter from Assemblyman Phillip Isenberg regarding a very WATER RIGHTS critical problem involving water resources facing Northern California. The letter pointed out that the federal government is now trying to change California water rights in an effort to vastly improve its water rights in California at the expense of Northern California. Protective laws called the "Area of Origin Laws" adopted many years ago established that Northern California property owners are first in line for water during a drought and the export projects are last in line. The federal government just filed a major lawsuit in federal court to overturn the State's area of Origin -Laws. If the federal government's lawsuit is successful, water rights in Northern California are going to be completely restructured. The determining factor on who gets water during a drought would be based on the date of application for water rights. Following discussion, on motion of Mayor Olson, Murphy second, the City Clerk was directed to write letters to the President of the United States and various legislators regarding the critical problems involving water resources facing California urging the federal government to withdraw this lawsuit. TRAFFIC SIGNAL Following receipt of information pertaining to intersection REMOVAL delay studies regarding the intersections of School and Oak, SCHOOL/OAK and School and Walnut, which studies were conducted in SCHOOL/wAIANuT February 1983 while they were controlled by traffic signals, G� and again in July, 1983 while they were controlled by 4 -way RES. NO. 83-84 stops, Council, on motion of Council Member Pinkerton, Murphy second, adopted Resolution No. 83-84 approving removing traffic signals at School and Oak and at School and Walnut. SPUR XING EAST Mr. Robert L. Griffin, owner of property in the area of East LODI AVENUE Lodi Avenue and Cluff has located an industry that is interested in coming to Lodi. However, one of the conditions is that Mr. Griffin provide a spur track to the property. Mr. Griffin has, therefore, asked under what conditions he could have that service. The engineering decision is in agreement with the location shown on a diagram marked "proposed track," but feel that the "alternate location" is in an area that will create future traffic hazards at the intersection of Lodi and Myrtle Avenues and can only recommend approval of the "proposed track." Other conditions recommended are: ° Grade of spur to conform to Lodi Avenue Street grades; ° Crossing to be a prefabricated rubberized grade crossing subject to the approval of the Public Works Director; ° Crossing to be located such that service could be provided to the Foster Wickes parcel; ° Owner to enter into agreement covering construction, I maintenance, and any conditions imposed by the P.U.C. now and in the future A lengthy discussion followed with questions being directed to Staff and to Mr. Griffin who was in the audience. APPROVAL OF Following discussion, on motion of Council Member Pinkerton, SPUR CROSSING Murphy second, Council adopted Resolution No. 83-83 E. LODI AVE. approving the installation of a private spur track on E. Lodi Avenue with the following conditions: Continued August 3, 1983 4Rc RES. NO. 83-83 a) The grade of spur is to conform to Lodi Avenue Street grades b) The owner of the subject property is to enter into an agreement covering construction maintenance and any conditions imposed by the PUC now and in the future. Council determined that the property owner should have the choice of whether or not they chose to negotiate with Foster -Wickes for location of the crossing so that service could be provided to both parcels. ORDINAIQGF.S Ordinance No. 1290 - An Ordinance amending the land Use Element of the Lodi General Plan by redesignating 1900, 1904, 1905, 1907, 1908, 1909, 1910, 1911, 1916, and 1920 LAND USE ErMM4T South Church Street, Lodi, from Low Density Residential to ti OF GENERAL PLAN Medium Density Residential having bene introduced at a AMENDED 1900 regular meeting of the Lodi City Council held July 20, 1983 L y ET SEQ SOUTH was brought up for passage on motion of Council Member CHURCH STREET Pinkerton, Murphy second. Second reading of the Ordinance AND REZONING was cmitted after reading by title, and the Ordinance was then adopted and ordered to print by the following vote: ORD. NO. 1290 AND 1291 Ayes: Council Members - Murphy, Pinkerton, Snider, and ADOPTED Olson (Mayor) Noes. Council Members - None Absent: Council Members - Reid Ordinance No. 1291 - An Ordinance rezoning 1900, 1904, 1905, 1907, 1908, 1909, 1910, 1911, 1916, and 1920 South Church Street, Lodi, from R-1, Single Family Residential to R -Md, Medium Density Multiple Family Residential having been introduced at a regular meeting of the Lodi City Council held July 20, 1983 was brought up for passage on motion of Council Members Pinkerton, Murphy second. Second reading of the ordinance was then adopted and ordered to print by the following vote: Ayes: Council Members - Pinkerton, Snider, Murphy, and Olson (Mayor) Noes: Council Members - None Absent: Council Members - Reid ADJOURNMENT There being no further business to come before the Council, Mayor Olson adjourned the meeting at approximately 10:45 p.m. Attest: &L Alice M. Reinth City Clerk