HomeMy WebLinkAboutMinutes - January 5, 1983ati.5
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
era)NrSDAY, JANUARY 5, 1983
A regular meeting of the City Council of the City of Lodi was held beginning
at 8:00 p.m. on Wednesday, January 5, 1983 in the City Hall Council Charmers.
ROLL CALL Present: Council Members - 14irphy, Olson, Pinkerton,
Snider, and Reid (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 Reirche.
INVOCATION The invocation was given by Pastor Donald L. Mulvihill,
English Oaks Church.
PLEDGE The Pledge of Allegiance was led by Mayor Reid
PRESENTATIONS No presentations, awards or proclamations were presented
at this meeting.
REPORTS OF THE CITY MANAGER
CONSENT CALENDAR
In accordance with report and recaarendation of the City
Manager, the following actions hereby set forth between
asterisks, on motion of Council Member Mayor Pro Tempore
Murphy, Snider second, were approved by Council.
CLAIMS ? CLAIMS WERE APPROVED IN THE AMOUNT OF $2,577,194.02
MuNUTE:S THE MINUTES OF DECEMBER 8, 1982 AND DE CE243 2 15, 1982 WERE
APPROVED AS WRITTEN.
INSTRUMENT
M=1ANCE
SERVICE CONTRACT
FOR W.S.W.P.C.F.
APPROVED COUNCIL APPROVED THE RENE QL OF THE INSTRUMENT t+IF,IIVTE 010E
SERVICE CONTRACT WITH DIABLO CONTROL COMPANY FOR WHITE
SLOUGH WATER POLU TION CONTROL FACILITY FOR CALENDAR YEAR
1983.
SPECS FOR ANL^A.L
CONTROL MID-SIZE
_ - PICKUP TRUCK CAB
AND CHASSIS
APPROVED COUNCIL APPROVED THE SPECIFICATIONS FOR AN ANIMAL CONTROL
MID-SIZE PICK-UP TRUCK CAB AND CHASSIS AMID AUTHORIZED THE
PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON.
AWARD - BID FOR
60 kv METERING
UNITS City Manager Glaves presented the following bids which had
% been received for three single-phase, outdoor, 60 kv
tering units:
1 SUPPLIER PRICE W/TAY DELIVERY
j� Ferranti -Packard $18,544.70 22-24 weeks
J
Square D Company $25,071.12 18-20 weeks
Westinghouse Elec. $32,104.22 15-17 weeks
G.E. Supply Co. $ No Bid
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356
Continued January S, 1983
On recommendation of the City Manager, Council adopted the
following Resolution:
RES. NO. 33-1 RESOLUTION NO. 83-1
RESOLUTION AZURDING THE BID FOR THREE SINGLE-PHASE OUTDOOR
60 fi7 METERING UNITS TO SQUARE D COMPANY, EMERWILLE, THE
WO MST BIDDER MEETING CITY SPECIFICATIONS N THE A`hOUNT OF
$25,071.12.
PUBLIC HEARINGS Notice thereof having been published in accordance with
law and affidavit of publcation being on file in the office
of the City Clerk, Mayor Reid called for the Public Hearing
regarding the Declaration of Impaction dated September 7,
1982 by the Lodi Unified School District Board of Trustees.
Following introduction of the matter, Ms. Mary Joan Starr,
Facility Planner for the Lodi Unified School District, spoke
on behalf of the subject Declaration of Impaction and
responded to questions as were posed by members of the
Council.
Mr. Ellerth E. Larson, Superintendent, Lodi Unified School
District also addressed the Council on the matter and
responded to questions posed by the Council.
SEPTUSER 7,1982 There were no other persons in the audience wishing to
DECLARATION OF speak on the matter, and the public portion of the hearing
IiMPAGTION BY THE was closed.
LODI UNIFIED
SCHOOL DISTRICT A lengthy discussion followed with questions being directed
BOARD OF TRUSTEES to Staff and to those persons who had given testimony.
ACCEPT
On motion of Council ?Member Snider, Olson second, Council
accepted the Declaration of Impaction by the Lodi Unified
School District Board of Trustees, dated September 7, 1982.
The motion carried by the following vote:
Ayes: Council Members - Murphy, Olson, Snider, and
Reid (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
PLANNUJG
COMMISSION City Manager Glaves gave the following report of the
Planning Commission meeting of December 13, 1982.
ITEMS OF The Planning Ccmdssion -
INTEREST
1. Conditionally approved the request of Jim Nylen on
behalf of Nylen Development Ccgmny for a Use Permit to
construct English Oaks Plaza, a 1.7 acre commercial
shopping center proposed for the northwest corner of
South Hutchins Street and Harney Lane in an area zoned
P -D(4), Planned Development District No. 4.
2. Conditionally approved the request of Baumbach and
Piazza, Consulting Engineers, on behalf of MCP
Properties for a Tentative Parcel Map to create Parcels
A" and "B" from Lot 1, Maxwell Industrial Park at 1901
South Stockton Street inr an area zoned "1-2, Heavy
Industrial.
3. Conditionally approved the request of Ron Addington on
behalf of Grupe Cormunities, Inc., for the Tentative
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Continued January 5, 1963
3.57
Subdivision Map of Lakeshore Village, Unit #2, a 66 -lot
single-family subdivision proposed for the southeast
corner of the Lakeshore Village Project in an area zoned
P -D(21), Planned Development District No. 21.
4. Temporarily approved the request of Leslie W rzburger
for a flea market at 102, 112, and 122 Hansen Drive in
an area zoned M-1, Light -Industrial, until the Planning
ConruLssion can view the operation to determine what
improvements should be required.
5. Approved for one year the request of Community Hospital
Use Permit for a temporary mobile office for
administrative Offices at 800 South Lower Sacramento
Road in an area zoned R -C -P, Residential -Commercial -Pro-
fessional.
COn' UTIICATIONS
CITY CLERK
City Clerk Reimche presented a letter from Pacific Gas and
Electric Company regarding an application being filed to
include in its rate base as a Plant held for future use the
PUC APPLICATIONS cost association with its participation in the Alaska and
Indonesia liquefied natural gas (LNG) project and to
increase its gas rates on an annual basis by $40.9 million,
or 1.1 percent total gas revenues, to reflect the addition
of these costs to its rate base.
City Clerk Reimche also presented an application of the
Pacific Gas and Electric Company for authority, among other
things, to increase its rates and charges for electric and
gas service.
CLAIMS On motion of Council Member Pinkerton, Murphy second,
Council denied the following claims and referred them to
R. L. Kautz and Company, the City's Contract Administrator.
a) Henry C. Reiswig, DOL 9/24/82
b) Cye G. Vaughn, DOL 8/6/82
ABC LICENSE
APPLICATIONS City Clerk Reimche presented the following applications for
ABC Licenses which had been received:
a) The C & C Organization
Cask 'n Cleaver
1230 W. Kettleman Lane
Lodi, CA 95240
On Sale General Eating Place
b) Patel, Kantibhai M./Sarala K.
Milk Stop
321 S. Hutchins Street
Lodi, CA 95240
Off Sale Beer and Wine
LETTER REQUF..STING
RECONSIDERATION OF
THE ENFORCE6fE.7T OF
THE CITY ORDINANCE
- REGARDING CARS PARKED
FACING THE "WRONG"
WAY City Clerk Reimche presented the following letter which had
been received from Judy Underwood:
"Dear Council Members:
I respectfully ask that you reconsider the enforcement of
the city ordinance regarding cars parked facing the "wrong"
way, i.e. against the flow of traffic.
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358
Continued January 5, 1983
During the holidays we had house guests from out of town who
were ticketed and fined for this infraction. Thev had never
heard of such an ordinance, although they had lived in
several communities both in California and in other states.
(They thought perhaps the ordinance might be the result of a
neatness fetish.)
I understand the thinking behind passage of the ordinance
originally, involving possible safety hazards of starting a
car facing against traffic. However it seems to me to be ,
overly protective, especially on residential streets with
little traffic. In any case, it is no more dangerous than
starting off from a driveway.
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My real complaint is of the unfairness of the ordinance.
visitors and newcomers to Lodi cannot be expected to be
aware of such an unusual regulation. The visitors, at
least, cannot even make an official objection, since they do
not wish to return to town to appear in court.
I think it would be more than adequate for police to leave a
warning explaining the ordinance, rather than a ticket.
It would be even better to forget about the whole thing and
repeal the ordinance altogether.
Thank you for your consideration."
Judy Underwood
Following Council discussion, Council referred the matter to
City Attorney Stein.
COMMENTS BY
CITY COUNCIL
ME2MERS
CRY
At the suggestion of Council Member Olson, City Clerk
LETTER SENT ON
Reimche was directed to write a letter of congratulations
BEHALF OF COUNCIL on behalf of the Council to :Major General Willard A. Shank,
TO MAJOR GENERAL
who has been appointed Commanding General of the California
VTILIAM A. SHANK
National Guard.
POSSIBILITY OF
�= RESAIL STORE
\' SELLING
At the suggestion of Council Member Snider, City Manager
BICYCLES TO
Glaves was requested to check into the possibility of having
ISSUE LICENSES
retail stores, selling bicycles, issuing the licenses for
FOR SAME TO BE
same.
CHE= INTO
BY STAFF
COMP%1 P BY THE
PUBLIC ON NON
AGENDA ITnMS
There were no persons in the audience wishing to speak under
this segment of the agenda.
CLOSED SESSION
At approximately 9:00 p.m., the City Council met in a Closed
Session to discuss matters of possible litigation. The
RE X11AR CALF MAR
Council reconvened at approximately 9:35 p.m.
REPORTS OF THE
CITY NA—NAGE'2i
TURNER ROAD
PROPERTY
ACQUISITION
Following introduction of agenda item k-1 - "Turner Road
Property Acquisition", Council took the following actions:
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Continued January 5, 1983
.359
On notion of :Mayor Pro Tempore Murphy, Olson second, Council
approved a Right-of-way Agreement with Mrs. Panagiota
Anagnos which included the following provisions, and
authorized the City Manager and City Clerk to execute the
Agreement on behalf of the City:
2. City agrees to pay Grantor, Panagiota Anagnos, the sum
of $9,200.00 for the certain real property above
described, when Grantor has transferred to City a Grant
Deed for the above described parcel.
i
3. City agrees, in addition to the cash consideration, at
no expense to the Grantor, to:
a. Remove and dispose of any vines required to be
removed to provide adequate turning roan for
cultivation as determined by Grantor.
b. Construct, at City expense, any road, curb, gutter,
sidewalk, asphalt curb or portion thereof deemed
necessary for the public benefit prior to
development of the remaining parcel.
c. Construct a berm approximately 6" high by 3' wide,
south of any new street construction under 'b'
above, to ensure the containment of agricultural
irrigation water south of Turner Road.
d. Not enter onto the adjacent property with equipment
or material without the prior express permission of
the Grantor.
e. Allow Grantor to continue to farm the area acquired
until such time as it is deemed necessary to
construct all or a portion of the road.
f. Rip any areas disturbed by Construction south of the
berm in 'c' above to a depth of 24".
The ration carried by unanimous vote.
On motion of Council Member Pinkerton, Murphy second,
-� Council approved a Right-of-way Agreement between Carl E.
E and Janice A. Snell and the City of Lodi for the acquisition
of right-of-way for the widening of Turner Road immediately
7 west of Cluff Avenue, which Agreement included the following
-� provisions, and authorized the City Manager and City Clerk
to execute the Agreement on behalf of the City:
2. City agrees to pay Grantor, Carl E. Snell and Janice A.
Snell, the sun of $32,840.00 for the certain real
property on the attached legal description, when Grantor
has transferred to City a Grant Deed for said property,
3. City agrees, in addition to cash payment,
a. To be responsible for the installation of curb,
gutter, sidewalk and street paving at such time as
City deems necessary;
b. To allow an 18" encroachment of a fence or masonary
wall in that portion of the City's right-of-way in
front of the porch as it is presently constructed
at this address;
c. That City will not require Grantor to connect the
dwelling to public sewer and water facilities so
long as the property is owned and used as a single
family dialling by Grantor;
Council further determined that a 2'h foot encroachment can
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360
Continued January 5, 1983
EXHIBIT B OF WAPA Further, following introduction of the matter by Citv
AGR1M•MNT Manager Glaves, Council on motion of Mayor Pro Tempore
APPROVED Murphy, Olson second, adopted Resolution No. 83-3
authorizing the Mayor and City Clerk to execute Amended
RES. NO. 83-3 Exhibit B (Contract Rate of Delivery) Western Area Power
Administration Contract No. DE -MS 65-82PAP59015. The
Westlands Water District by letter dated 8/24/82 has
notified MPA of their intent to receive 250 kilowatts of
their 42 megawatts of entitlement effective March 1, 1983.
WAPA, therefore, has officially informed the City of Lodi of
their intention to exercise Article 10 (c) of the Cities
Power Sales Contract which specifies that each such request
by Westlands, once verified as a qualified load by 4WA and
P G & E will be proportionately withdrawn from the Contract
Rate of Delivery.
ENTRANCE FEE
ELI!NMNPTED AT
LODI LANE PARK
FROM NOVEMBER 1st
TO iPi END OF
FEBRUARY Agenda item k-3 - "Review Entrance Fee at Lodi Lake" was
introduced by City Manager Glaves. A lengthy discussion
followed with questions being directed to Staff. Council,
on motion of Mayor Pro Tempore Murphy, Reid second, voted to
eliminate the collection of an entrance fee at Lodi Lake
Park from November 1st through the end of February. The
motion carried by unanimous vote.
R-ErA=gG OF
FIRM TO AUDIT
CITY'S SELF-INSURED
WOR14= COMPENSATION
ALGID LIABILITY
PROGRAMS
AUTHORIZED Following introduction of the matter by Assistant City
Manager Glenn, Council, on motion of Mayor Pro Tempore
Murphy, Olson second, authorized the City !Mager to enter
into a Personal Services Contract with Barbara Y. Akk and
Associates to audit the City's self-insured workers
compensation and liability programs at a fee of $9,250.00.
COUNCIL ADJOIRNS
TO CLOSED SESSION At approximately 10:15 p.m., Courieil adjourned to a Closed
Session regarding labor negotiations. It was announced that
the Council would not reconvene following this Closed
Session.
Attest:
Alice M. Reimciie
City Clerk
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be allowed under the Encroachment Permit to be issued in
this matter.
On notion of Mayor Pro Tempore Murphy, Olson second, Council
determined to establish four lanes of travel way, with no
parking in the area obtained for right-of-way.
Agenda item k-2 - "Approve Arbitration Agreement between
P G & E and NCPA" was introduced by City Manager Glaves.
ARBITRATION
Following discussion, Council on motion of Council Member
1Z3RM4ENT
Snider, Murphy second, adopted Resolution No. 83-2 approving
�. ,�✓ BETWEEN PG&E
an Arbitration Agreement between P G & E -and NCPA to resolve
AND NCPA
all differences between P G & E and NCPA over the inter -
APPROVED
connection Agreement, consistent with the terms of the
Diablo Canyon license conditions, such agreement to submit
to binding arbitration subject to approval by attorneys
before signature, and authorizing the Mayor and City Clerk
RES.NO. 83-2-'
to execute the subject Agreement on behalf of the City. The
motion carried by unanimous vote.
EXHIBIT B OF WAPA Further, following introduction of the matter by Citv
AGR1M•MNT Manager Glaves, Council on motion of Mayor Pro Tempore
APPROVED Murphy, Olson second, adopted Resolution No. 83-3
authorizing the Mayor and City Clerk to execute Amended
RES. NO. 83-3 Exhibit B (Contract Rate of Delivery) Western Area Power
Administration Contract No. DE -MS 65-82PAP59015. The
Westlands Water District by letter dated 8/24/82 has
notified MPA of their intent to receive 250 kilowatts of
their 42 megawatts of entitlement effective March 1, 1983.
WAPA, therefore, has officially informed the City of Lodi of
their intention to exercise Article 10 (c) of the Cities
Power Sales Contract which specifies that each such request
by Westlands, once verified as a qualified load by 4WA and
P G & E will be proportionately withdrawn from the Contract
Rate of Delivery.
ENTRANCE FEE
ELI!NMNPTED AT
LODI LANE PARK
FROM NOVEMBER 1st
TO iPi END OF
FEBRUARY Agenda item k-3 - "Review Entrance Fee at Lodi Lake" was
introduced by City Manager Glaves. A lengthy discussion
followed with questions being directed to Staff. Council,
on motion of Mayor Pro Tempore Murphy, Reid second, voted to
eliminate the collection of an entrance fee at Lodi Lake
Park from November 1st through the end of February. The
motion carried by unanimous vote.
R-ErA=gG OF
FIRM TO AUDIT
CITY'S SELF-INSURED
WOR14= COMPENSATION
ALGID LIABILITY
PROGRAMS
AUTHORIZED Following introduction of the matter by Assistant City
Manager Glenn, Council, on motion of Mayor Pro Tempore
Murphy, Olson second, authorized the City !Mager to enter
into a Personal Services Contract with Barbara Y. Akk and
Associates to audit the City's self-insured workers
compensation and liability programs at a fee of $9,250.00.
COUNCIL ADJOIRNS
TO CLOSED SESSION At approximately 10:15 p.m., Courieil adjourned to a Closed
Session regarding labor negotiations. It was announced that
the Council would not reconvene following this Closed
Session.
Attest:
Alice M. Reimciie
City Clerk
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