HomeMy WebLinkAboutMinutes - January 19, 1983CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, JANUARY 19, 1983
A regular meeting of the City Council of the City of Lodi was held beginning
at 8:00 p.m. on Wednesday, January 19, 1983 in the City Hall Council Chambers.
ROLL CALL Present: Council Members - Olson, Pinkerton,
Snider, and Reid (Mayor)
Absent: Council Members - Murphy
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 Darrel Thomas, First United
Methodist Church
PLEDGE The Pledge of Allegiance was led by Mayor Reid
PRESENTATIONS Mr. Ken Boyd, Chairman of the Old Lodi .High School Site
Foundation presented to the Council a dheck in the amount of
7.` $20,000 toward the repayment of the site acquisition. 'A
brief report regarding the site was made by Mr. Boyd. The
Council expressed its sincere appreciation to the Foundation
for its efforts, and on motion of Mayor Reid, Olson second,
appropriated a matching $20,000 to be used for design work
at the site.
CONSENT
CALENDAR
REPORTS OF THE
CITY MANAGER
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Pinkerton,
Snider second, approved the following actions hereinafter
set forth:
CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $660,254.12
MINUTES THE MINUTES OF JANUARY 5, 1983 WERE APPROVED AS WRITTEN
SUBDIVISION
MAP FOR
FAIRMONT
PROFESSIONAL
CENTER
APPROVED
i`
AGENDA ITEM
REMOVED TO
REGULAR
CALENDAR
.-ACCEPTANCE OF
"MAIN STREET
STORM DRAIN,
ELM STREET TO
LOCKEFORD
STREET"
COUNCIL APPROVED THE FINAL SUBDIVISION MAP FOR FAIRMONT
PROFESSIONAL CENTER, TRACT NO. 1813, AND DIRECTED THE CITY
CLERK TO EXECUTE THE SUBDIVISION MAP ON BEHALF OF THE CITY.
Council was apprised that this subdivision is being developed
by Alonzo D. Proctor and is a three -lot condominium sub-
division located on the west side of the 500 block of South
Fairmont Avenue. The offsite improvements are being installed
under an encroachment permit and no subdivision agreement is
required. The map is being filed to meet the requirements
of condominium projects.
WITH THE TACIT CONCURRENCE OF THE COUNCIL, AGENDA ITEM a -1-D
WAS REMOVED TO THE REGULAR CALENDAR (RESOLUTION PROTESTING
EXECUTION OF CALIFORNIA LAND CONSERVATION CONTRACTS).
COUNCIL ACCEPTED THE IMPROVEMENTS IN "MAIN STREET STORM DRAIN,
ELM STREET TO LOCKEFORD STREET"AND DIRECTED THE PUBLIC WORKS
DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY
RECORDER'S OFFICE.
The Contract was awarded to Wayne Fregien of Stockton on
October 6, 1982 in the amount of $41,560.00 and has been
S6t
Continued January 19, 1983
5. Took no action on the referral by the San Joaquin County
Planning Commission of the request of E. F. Christy to
rezone property located at the northeast corner of Augusta
Street and Orange Street, Town of Woodbridge from C-1,
Neighborhood Commercial to C-2, Community Commercial.
COMMUNICATIONS
(CITY CLERK) City Clerk Reimche presented the following applications for
Alcoholic Beverage License(s) which had been received:
ABC LICENSES a) Richmaid
DeBernard, Ermanno/Linda
100 S. Cherokee Lane
Lodi, CA 95240
On Sale General Eating Place and duplicate on sale general
eating place.
completed in substantial conformance with the plans and
specifications approved by the City Council. The final
contract price was $42,925.00.
PUBLIC HEARINGS
Notice thereof having been published in accordance with law
and an affidavit of publication being on file in the office
of the City Clerk, Mayor Reid called for the Public Hearing
to consider the Woodbridge Circulation Plan (Amendment to
the Circulation Element of the General Plan).
WOODBRIDGE
The matter was introduced by San Joaquin County Planner,
CIRCULATION
Jim Van Buren, who gave an indepth presentation including
PLAN (AMENDMENT
diagrams of the subject area. Also addressing the Council
TO THE
on the matter and responding to questions was Community
CIRCULATION
Development Director James Schroeder.
ELEMENT OF THE
GENERAL PLAN)
There were no persons in the audience wishing to speak on
the matter, and the public portion of the hearing was closed.
Following Council discussion, on motion of Council Member
Pinkerton, Olson second, Council continued the non-public
portion of this hearing requesting additional information.
(Continued to regular meeting of February 2, 1983)
PLANNING
-;COMMISSION
REPORT
City Manager Glaves presented the following report of the
Planning Commission meeting of January 10, 1983. The
Planning Commission:
1TEMS OF
1. Approved the request of Baumbach and Piazza, Consulting
INTEREST
Engineers, on behalf of Diamond International, Inc., for a
Tentative Parcel Map to join Lots 7 and 8, Block 20,
City of Lodi (i.e. APN 043-084-02 and 043-084-03) in an
area zoned M-2, Heavy Industrial.
2. Approved the request of Quik -Stop Markets, Inc., by
Ron O'Mara for a Use Permit to install a gasoline pump
island at 1930 Holly Drive in an area zoned C-1, Neighbor-
hood Commercial.
3. Extended for a period of one year the Use Permit which
allows dancing in conjunction with the cocktail lounge
at the Camelot Restaurant at 101 Lakewood Mall in an
area zoned C -S, Commercial Shopping.
4. Recommended that the San Joaquin County Board of
Zoning Adjustment approve the request of Carol Burton on
behalf of Goehring Meat, Inc., for a Use Permit to place
a temporary mobile office on property located at the north-
east corner of Clarksdale Road and East State Route 99,,
Frontage Road, north of Lodi in an area zoned M -2/L.
5. Took no action on the referral by the San Joaquin County
Planning Commission of the request of E. F. Christy to
rezone property located at the northeast corner of Augusta
Street and Orange Street, Town of Woodbridge from C-1,
Neighborhood Commercial to C-2, Community Commercial.
COMMUNICATIONS
(CITY CLERK) City Clerk Reimche presented the following applications for
Alcoholic Beverage License(s) which had been received:
ABC LICENSES a) Richmaid
DeBernard, Ermanno/Linda
100 S. Cherokee Lane
Lodi, CA 95240
On Sale General Eating Place and duplicate on sale general
eating place.
3A3
Continued January
19, 1983
b) The Butcher Shoppe
Fiori, Barbara J. and Joseph V.
412 West Lodi Avenue
Lodi, CA 95240
Off Sale Beer and Wine
CITY OF WHITTIER
!' NOTICE OF
PENDENCY OF
CLASS ACTION
City Clerk Reimche presented a Notice of Pendancy of Class
Action, City of Whittier vs. State Compensation Insurance
Fund and cross complaint State Compensation Insurance Fund
vs. City of Whittier, et al re Workers' compensation liability.
RESPONSE
City Clerk Reimche presented a letter which had been received
RECEIVED FROM
from Senator Alan Cranston thanking the City Council for its
SENATOR ALAN
Resolution urging the repeal of the Davis -Bacon Act.
CRANSTON RE
DAVIS-BACON
ACT
THANK YOU
A letter was presented from Major-General Bill Shank expressing
RECEIVED FROM
his appreciation of the Council expression of congratulations
'- MAJOR GENERAL
on being named to head the California National Guard.
J BILL SHANK
STATE OF
City Clerk Reimche presented a letter which had been received
f t�� CALIFORNIA
from the Department of Water Resources re Water Well
e WATER WELL
Standards - State of California.
STANDARDS
INFORMATION
RECEIVED
PROPOSALS FOR
Council referred to Staff, letter from Ernst and Whinney regarding
RETAINING FIRM
their proposal on the scope of their services and fee estimate
TO CONDUCT
to examine the financial statements of the City of Lodi for the
ANNUAL AUDIT
'-j
year ending June 30, 1983 and letter received from Calderon,
REFERRED TO
Jaham and Osborn indicating their interest in submitting.a
` STAFF
proposal to provide such services.
CLAIMS
On motion of Council Member Pinkerton, Snider second, Council
denied the following Claims and referred them to R. L. Kautz
and Company:
t '!
a) Bryan E. Clasen DOL 12/13/82
b) Mary Ellen Hayes - rejected as premature DOL 9/4/82
NORBERT HYSKE
City Clerk Reimche presented a letter from Norbert Hyske
RESIGNS FROM
resigning immediately from the City of Lodi Economic
'J THE CITY OF
Development Commission. On motion of Council Member Snider,
LODI
Reid second, Council directed the City Clerk to make the
ECONOMIC
necessary postings as required by law to fill this .vacancy.
DEVELOPMENT
COMMISSION
Council expressed its sincere appreciation to Mr. Hyske
for his time and effort in serving on this important commission.
COMMENTS BY
CITY COUNCIL
MEMBERS
TERRY PIAllA Council, on motion of Councilman Pinkerton, Olson second,
REAPPOINTED concurred with Mayor Reid's reappointment of Terry Piazza
TO THE CITY to the Economic Development Commission for a four-year term
OF LODI expiring February 19, 1987,
ECONOMIC
DEVELOPMENT
COMMISSION
-3-
364 Continued January 19, 1983
COMMENTS BY There were no persons in the audience wishing to speak under
'rHE PUBLIC this segment of the Agenda.
ON NON AGENDA
ITEMS
REGULAR CALENDAR Agenda Item K-1 - Consideration of request for passage of Ordinance
and Resolution re Cable TV Programming.
CONSIDERATION This agenda item was introduced by City Manager Glaves. City
r` OF REQUEST FOR Attorney Stein then addressed the Council advising that it
PASSAGE OF would be his recommendation that the Council refer the matter to
ORDINANCE AND the Attorney General for an opinion as to the legality of the
RESOLUTION RE proposed Ordinance.
CABLE TV
PROGRAMMING The following persons spoke on behalf of the request for
passage of the proposed ordinance and resolution re Cable
TV Programming:
1) Brenton Bleier, Attorney-at-law, 1764 LeBec Court, Lodi
2) La Don Bader, 1808 Reisling Drive, Lodi
3). Dr. Wayne Kildall, Center of Hope, 307 W. Lockeford St.,
Lodi
4) Mr. Hoffman, 805 Pinot Noir Drive, Lodi
5) John Von Kuhlmann, 729 Howard St., Lodi
6) Jim Baum, 1420 Edgewood Drive, Lodi
7) Kevin Finn, 6244 Greenback Lane, Citrus Heights, California
8) Clint Hollworth, Lodi
9) Nancy Bleier, 1764 LeBec'Court, Lodi
10) Marshall Hunt, 724 S. Church St., Lodi
11) Patsy Jackson, 1615 Scarborough, Lodi
12) Connie Simfenderfer, 1238 S. Sunset Drive, Lodi
13) Ross Schmiedt, 1231 S. Church Street, Lodi
14) Clarence Hartley, 838 S. Mills Avenue, Lodi
The following persons spoke in opposition of the request
for passage of a proposed Ordinance and Resolution re Cable
TV Programming:
1) Deanna Enright, Manager, Lodi Cable TV, 1521 South
Stockton Street, Lodi
2) Don Garrison, 1825 S. Church Street, Lodi
3) Leonard Lachendro, 531 Virginia Avenue, Lodi
4) Cathy Nightengale, 588 N. Loma Drive, Lodi
5) Phil Polenske, 1443 Holly Drive, Lodi
6) Nancy Miller, 791 E. Armstrong Rd., Lodi
7) Victor Goehring, Attorney-at-law, 125 N. Pleasant
Avenue, Lodi
8) Nancy Dembek, 218 Rainier Drive, Lodi
There being no other persons wishing to speak on the subject
the public portion of the hearing was closed.
A lengthy discussion followed.
365
Continued January 19, 1983
On motion of Mayor Reid, Olson second, Council by the
following vote directed City Attorney Stein to seek a
State Attorney General's opinion as to the legality of
the proposed Ordinance prohibiting the showing of sexually
explicit cablecast programming to minors without parental
presence or permission:
Ayes: Council Members - Olson, Pinkerton, and Reid
Noes: Council Members - Snider
Absent: Council Members - Murphy
r r .Ir i
CLUFF AVENUE
City Manager Glaves presented the following bids which
1,r'STOPM DRAIN
had been received
for the Contract
for"Cluff Avenue Storm
- INDUSTRIAL WAXDrain
- Industrial
Way to Victor Road":
n ' � TO VICTOR ROAD
`
BIDDER
SCHEDULE I, II
SCHEDULE III
with alt. B
Sanitary Sewer
Storm & St. Work
Claude C. Wood
$ 937,774.00
$ 17,560.00
R.N. Bertelsen
941,754.00
22,370.00
Wm. G. McCullough
953,895.56
17,990.40
Teichert Constr.
982,227.75
18,253.00
Oak Grove Constr.
1,022,971.00
27,390.00
Granite Constr.
1,057,306.25
20,960.00
Swengel-Robbins
1,082,101.22
25,410.00
H. M. Byars
1,166,912.00
28,450.00
W. R. Thomason
1,203,558.26
29,300.00
D. S. S.
1,210,418.50
22,880.00
Engineers Est.
837,793.00
23,830.00
Public Works Director Ronsko reported
that EDA approval
is being sought and "we" anticipate
no problems. "We"
wish to award the
contract as soon
as possible to meet
construction deadlines
and request
approval subject to
EDA concurrence.
It is also recommended that Schedule III, Cluff Avenue
Sanitary Sewer, Lodi Avenue to Pine Street, be awarded to
C. C. Wood, Co., the low bidder. This portion of the
project is not grant -eligible and was budgeted in the 1983
Capital Improvement Program. A reimbursement agreement
will be prepared in order to repay the City as adjacent
owners develop their property.
The project was bid with additional schedules of work
covering off-site improvements for the adjacent property
owners. "We" are in the process of working with the owners
to see if they wish to install their improvements under our
contract; thus approval to execute agreements and award
additional work is requested at this time to expedite
contract administration.
- Finally, additional funds are needed to complete the project.
The total project cost is estimated as follows:
$ 53,000 Engineering, Right-of-way, and
-administration to date
938,000 Construction contract
15,000 Construction engineering
21,000 Contingencies
$1,027,000 Total
366
Continued January 19, 1983
The recommended funding is:
$ 560,000 EDA Grant
240,000 Master Drain Fund (budgeted for
this project)
70,000 Master Drain Fund (budgeted for
C -Basin development; this project
would be deferred)
60,000 Master Drain Fund (excess budgeted
for Cluff S. D. North of Victor Rd.
35,000 Master Drain Fund (1982/83 revenue,
already received)
62,000 Transportation Development Act Fund '
(from Miscellaneous Widening account,
to pay for that portion of the street
work which is not usually paid by the
$1,027,000 Master Drain Fund. The Master Drain
Fund is charged for replacement of
the existing street; under this
project we are reinstalling a slightly
wider and substantially heavier street.
AWARD - CONTRACT
Following discussion, on motion of Council Member Pinkerton,
FOR CLUFF AVENUE
Olson second, Council adopted Resolution No. 83-5 awarding
STORM DRAIN -
the bid for Cluff Avenue Storm Drain - Industrial Way to
INDUSTRIAL WAY
Victor Road, Schedules I and II, Alternate B, to Claude C.
TO VICTOR ROAD
Wood Co., the low bidder, in the amount of $937,774 and the
Cluff Avenue Sanitary Sewer, Lodi Avenue to Pine Street,
RES. NO. 83-5
Schedule III, in the amount of $17,560, all subject to EDA
concurrence;
1. Council further authorized the City Manager and the
City Clerk to execute agreements between the City and
adjacent property owners for the construction of off-site
improvements;
2. Authorized the award of additional schedules of work to
C. C. Wood Co., as said agreements are executed; and
3. Appropriated $62,000 of Transportation Development Act
Funds from the Miscellaneous Widening account for street
work included in this project and reallocate $165,000
of Master Drain funds to complete the project.
EXPERIMENT TO
Following a presentation on the subject by Public Works
ELIMINATE SIGNALS
Director Ronsko, Council, on motion of Councilman Pinkerton,
AT SCHOOL AND
Reid second, approved a trial experiment to eliminate traffic
OAK AND SCHOOL
signals at School and Oak Street and School and Walnut Street.
AND WALNUT
APPROVED
City Attorney Stein apprised the Council that under existing
law., an unattended vehicle may be removed from private
property by the owner of the property. Prior to causing
removal of the vehicle, a sign is required to have been
posted on the property prohibiting public parking and
containing the telephone number of the local enforcement
agency.
AMENDMENT TO
The Vehicle Code has been amended to require that in addition,
CITY ORDINANCE TO
the sign be of such size as required by Ordinance, be
COMPLY WITH NEW
displayed at all entrances to the private property, and
LEGISLATION RE
indicate that vehicle will be removed at the vehicle owner's
REMOVAL OF
expense. This new legislation also provides that when there
UNATTENDED
has been a failure to post a sign on said private property,
VEHICLES FROM
an owner who causes the removal of a vehicle would be liable
PRIVATE PROPERTY
for any storage or towing charges.
ORD. NO. 1281
Councilman Pinkerton then moved for introduction of Ordinance
INTRODUCED
No. 1281 - "An Ordinance Amending Lodi City Code Chapter 15 -
Miscellaneous Offenses Article II - Trespass and Loitering"
thereby amending the City Code to comply with new legislation
regarding the removal of unattended vehicles from private
property. The motion was seconded by Councilman Snider and
367
Continued January 19, 1983
carried by unanimous rote of the Council Members present.
APPROVAL OF Following introduction of the matter by Staff, Council, on
a CONTRACT WITH motion of Councilman Pinkerton, Snider second , approved the
' ESIS FOR renewal of the Contract with ESIS for the administration of
ADMINISTRATION the City's Workers Compensation Program from 1/1/83 to 7/1/83
OF THE CITY'S and authorized the Mayor and City Clerk to execute the Agree -
WORKERS ment on behalf of the City.
COMPENSATION
PROGRAM
(1/1/83-7/1183)
APPROVAL OF Following introduction of the matter by City Ptanager Glaves,
AMENDED EXHIBIT Council on motion of Mayor Reid, Olson second, adopt -ad
B OF WAPA Resolution No. 83-6 approving amended Exhibit B of WAPA
CONTRACT Contract No. DE-MS65-82WP59015, and authorized the Mayor and
City Clerk to execute the Amended Exhibit on behalf of the
RES. NO. 83-6 City.
RES. PROTESTING Following a brief explanation of the subject by City Manager
EXECUTION OF Glaves and Community Development Director Schroeder, Council
CALIFORNIA on motion of Councilman Pinkerton, Olson second, adopted
.j? LAND Resolution No. 83-4 protesting execution of California Land
CONSERVATION Conservation Contracts for William T. Beckman, Charles M.
CONTRACTS Beckman, and William T. Beckman, Trustee of the Alpha E.
Beckman Trust on various parcels.
RES. NO. 83-4 .,
INFORMAL With the tacit concurrence of the Council, it was determined
INFORMATIONAL that there would be no Informal Informational Meeting
MEETING FOR (Shirtsleeve Session) on Tuesday, January 25, 1983.
1/25/83
CANCELLED
ADJOURNMENT There being no further business to come before the Council,
the meeting was adjourned at approximately 10:30 p.m.
Attest:
Alice M. Reimche
City Clerk