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HomeMy WebLinkAboutMinutes - March 10, 1982!!H CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS March 10, 1982 An adjourned regular meeting of the Lodi City Council was held beginning at 8:00 p.m. , Wednesday, March 10, 1982 in the City Hall Council Chambers. ROLL CA LL Present: Councilmen - Hughes, Katnich (left the meeting at approximately 11:05 p.m. ), Pinkerton, and McCarty Absent: Councilmen - Murphy Also Present: City Manager Giaves, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, Associate Civil Engineer Richard Prima, and City Clerk Reimche. INVOCATION The invocation was given by Pastor Don Levy, Faith Fellowship Church PLEDGE OF The Pledge of Allegiance was led by Mayor McCarty ALLEGIANCE PRESENTATIONS A presentation was made by Mayor McCarty to Mabel Allen for her outstanding contributions to i this community and to youth. PUBLIC HEARINGS LOCKEFORD STREET Notice thereof having been published in accordance IMPROVEMENT with law and affidavit of publication being on file PROJECT, HAM in the office of the City Clerk, Mayor McCarty LANE TO CALIF- called for the Public Hearing to consider the ORNLA STREET, Lockeford Street Improvement Project, Ham Lane LODI to California Street, Lodi. The matter was introduced by Public Works Director Jack Ronsko != and Associate Civil Engineer Richard Prima. The purpose of the hearing was addressed and the approval and decision process was explained in detail. Under project review and recommendation, back- ground information on the project was given; project alternates explained and the recommendation of Alternate 1 was explained. Council was apprised that the pavement on Lockeford Street between Ham Lane and California Street is presently in need of major repairs and reconstruction. The existing pavement was constructed in the mid 1950's and has received periodic preventative maintenance including crack sealing and slurry seals. It has reached the condition and age where the costs of maintenance is high and the benefit is low. In addition, much of the curb and gutter is broken, sunken or otherwise impedes proper drainage. Diagrams indicating the various improvement alternates were presented for Council's perusal. Continued March 10, 1982 117 Mrs. Harriet Jones, 230 N. Fairmont, Lodi, addressed the Council stating that Alternate 1 would be very satisfactory to them. There being no other persons wishing to speak on the matter, the public portion of the hearing was c losed. On motion of Coancilman Pinkerton, McCarty second, Council certified the issuance of the Negative Declaration on this project. Councilman Hughes then moved for adoption of Resolution No. 82-19 approving Alternate 1 for the Lockeford Street Improvement Project, Ham Lane to California Street, Lodi, which alternate provides for two travel lanes and one parking lane that meet City Standards. It includes replacing curb and gutter as needed at its present location, reconstructing the pavement and the prohibiting of parking on the north side, and as set forth in detail in Resolution No. 82-19 RES. NO. 82-19 The motion was seconded by Councilman Pinkerton, and carried by the following vote: Ayes: Councilmen - Hughes, Pinkerton and McCarty Noes: Councilmen - Katnich Absent: Councilmen - Murphy Staff was directed to inform property owners in the subject area of the Council's actions in this matter, and of the City's ownership of the right-of-way. RECESS Mayor McCarty called for a recess at 8:50 p.m. and the Council reconvened at 8:53 p.m. HUTCHINS STREET Notice thereof having been published in accordance IMPROVEMENT with law and affidavit of publication being on file PROJECT, in the office of the City Clerk, Mayor McCarty KETTLEMAN LANE called for the Public Hearing to consider the Hutchins TO PINE STREET, Street Improvement Project, Kettleman Lane to LODI \ Pine Street, Lodi. r' n. The matter was introduced by Staff who explained !� v the purpose of the hearing, the approval and decision process. A recap of the project and alternatives was presented. Environmental concerns and responses were addressed. The recommended project was addressed and cost comparisons were discussed as well as options with minimal right-of-way acquisition. Diagrams of the subject area were presented for Council's perusal. The following persons gave testimony on the matter: a) Ronald Chevrier, 615 S. Hutchins St. , Lodi b) Jeff Kirst, 18 N. School St. , Lodi Continued March 10, 1982 c) Gene Walton, Attorney at Law, representing Leon Perlegas, 1340 S. Hutchins St. , Lodi d) Gene Jolly, 1325 S. Hutchins St. , Lodi e) Alice Woollett, 1112 S. Hutchins St., Lodi f) Brenda Kermode, 510 Rimby St. , representing the New Life Center g) Don Campbell, 412 W. Walnut Street, Lodi h) Karen Nantt, 1315 S. Hutchin St. , Lodi i) Ted Wittmaye r, 921 S. Hutchins St., Lodi j) M. Vaz, 931 S. Hutchins St. , Lodi There being no further persons wishing to give testimony, the public portion of the hearing was closed. Petitions, signed by approximately 172 persons, stating ''We, the undersigned residents of Lodi, ask the City Council to reject the proposed widening of South Hutchins Street" were presented to the City Council. The full proceedings of this public hearing were recorded by a qualified reporter and a complete transcript of these proceedings are on file in the office of the City Clerk. A very lengthy discussion followed with several motions pertaining to the subject improvement project failing to pass. Following additional discussion, on motion of Council- man Hughes, McCarty second, Council, by unanimous vote certified the adequacy of the Environmental Impact Report of the subject project and adopted the rec ommended project from Vine to Lodi Avenue as presented by Staff, with left turn pockets at Vine and Tokay; providing for 53 1/2' curb to curb - 65' right-of-way at Hutchins Street, Kettleman - Rimby Avenue, and reaffirming that the 80' set back for the entire street will remain. RECESS Mayor McCarty called for recesses at 10:30 and at 11:00 p.m. , and the Council reconvened at 10:35 and 11:05 p.m. respectively. COUNCILMAN Councilman Katnich left the meeting at approximately KA TNICH LEAVES 11:05 p. m. PLANNING A report of the February 22, 1982 Planning Commission COMMISSION meeting was given as follows: The Planning Commission 1. Recommended the approval of the request of Genie Development and Guarantee Savings and Loan to expand Unit T2, Beckman Ranch Condominiums at 1905 South Ham Lane and to amend P -D( 15), Planned Development District No. 15 by reducing the number of single-family units and increasing the number of condominiums with the following conditions: 119 Continued March 10, 1982 REQUEST TO EXPAND a) That the density of the Condominiums be a UNIT #2 BECKMAN maximun of 15 units per acre; RANCH b) that, except for density, the condominium project conform to the requirements of the R -GA, garden apartment residential district; and c) that the single-family portion of the development conform to the R-2, Single-family residential district. On motion of Councilman Pinkerton, McCarty second, Council set the heretofore listed matter for public hearing on April 7, 1982 at 8:00 p.m. The Planning Commission also - ITEMS OF 1. Approved the request of Ray Properties to convert INTEREST an existing medical -dental building at 755 South Fairmont Avenue to condominium offices in an area zoned R -C -P, residential -commercial -professional. 2. Conditionally approved the request of Genie Development and Guarantee Savings and Loan for a Revised Tentative Map of Beckman Ranch, Unit #5 located north of Century Boulevard and West of South Ham Lane in an area zoned P -D(15), Planned Development District No. 15. 3. Conditionally approved the request of Terry Piazza for a Tentative Parcel Map to create Parcels "A" and "B" at 319 Cypress Street in an area zoned R -MD, Medium density multiple family residential. 4. Approved the request of Robert Harr for a Variance to reduce the required side yard from 5 feet to 2 feet 6 inches to permit an addition which will connect a single-family dwelling with an accessory building at 327 Poplar Street in an area zoned R -MD, Medium density multiple family residential. COMMUNICATIONS Following introduction of the matter by City Clerk (CITY CLERK) Reimche, Council, on motion of Councilman Pinkerton, �/ Ci Hughes second, rejected the claim of Maria Gutierrez !y' as insufficient. CLAIMS Following introduction of tle matter by City Clerk Reimche and on recommendation of R. L. Kautz and Company and the City Attorney, Council, on motion of Councilman Pinkerton, Hughes second, denied the following claims and referred them to R. L. Kautz and Company: a) Herbert Rudolph b) Charles & Shirley Beauchamp c) Victor Kendrick PU BLIC HEARING City Clerk Reimche presented a letter which had been RE STREET LIGHT received from Terry Piazza, Baumbach and Piazza, REQUIREMENT Civil Engineers, stating that he wishes to appeal the CYPRESS STREET Planning Commissions' requirement of a street light PARCEL MAP concerning his recently approved Parcel Map on Cypress Street and requesting that the appeal be set for the first meeting in April. I Z() Continued March 10, 1982 On motion of Councilman Hughes, Pinkerton second, the matter was set for Public Hearing at 8:00 p.m. on April 7, 1982. ABC LICENSE An application for Alcoholic Beverage License which ! had been received from Edward De Benedetti and nibs Joyce A. De Benedetti, Willow Oaks Golf Course, 1123 N. Cluff Avenue, Lodi - On Sale Beer was presented to the Council. City Clerk Reimche presented a letter which had been ASSEMBLY BILL received from Ellerth E. Larson, Superintendent 2764 ? and Secretary to the Governing Board, Lodi Unified - . School District, expressing the district's appreciation for the Lodi City Council's recent adoption of a resolution urging Governor Brown to reconsider his freeze on school construction funds. On motion of Councilman Pinkerton, Hughes second, Council, following introduction of the (natter, voted to support AB 2764 which bill concerns the administration of the Small Cities Community Development block Grant Program which the State will assume from the Federal Government in October. LETTER RE RECENT City Clerk Reimche presented a letter which had been RATE HIKES BY PUC received from Houston Spires, Executive Director, CONSENT In accordance with report and recommendation of the City Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Pinkerton, Hughes second, were approved by Council. Sierra Foothills Community Assistance Project, Inc., asking Council to adopt a Resolution condeming the recent rate hikes by the Public Utilities Commission. On motion of Councilman Pinkerton, Hughes second, Council voted not to act on this letter. APPRECIATION An expression of appreciation was extended to Lodi EXTENDED TO Cable T. V for the television monitors and extra CABLE T. V. service it had provided the City during the recent proposed street widening Public Hearings. AB 2400 RE City Clerk Reimche presented information concerning ELECTIONS BY A B 2400 regarding Elections by Mail. Following MAIL n discussion, Council, on motion of Mayor McCarty, j% Hughes second, directed that the matter be placed on the agenda for the March 17, 1982 Council meeting. COMIKENTS BY City Manager Glaves was requested by the Council CITY COUNCIL- to provide a report on the following: MEN 1) Reported delays in the processing of the issuance I� of City Business Licenses, 2) To confirm that the Lodi Fire Department will participate in the planned "burn" for various buildings at the "old" Lodi High School Site. REPORTS OF THE CITY MANAGER CONSENT In accordance with report and recommendation of the City Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Pinkerton, Hughes second, were approved by Council. Continued March 10, 1982 COUNCIL APPROVED THE FINAL MAP AND SUBDIVISION DOCUMENTS FOR PHEASANT RUN SUBDIVISION AND DIRECTED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBDIVISION AGREEMENT AND MAP ON BEHALF OF THE CITY. Council was apprised that the contract which was CLAIMS y , . til CLAIMS WERE APPROVED IN THE AMOUNT OF $4, 041, 234. 94. MINUTES THE MINUTES OF FEBRUARY 3, 1982 AS AMETsDED AND THE MINUTES OF FEBRUARY 17, 1982 WERE ACCEPTANCE OF APPROVED AS WRITTEN. "SACRAMENTO The final map and subdivision documents for STREET INDUSTB.iAL Pheasant Run Subdivision were presented for Council WASTE WA "TER Approval. Council was apprised that this is a one LIFT STATION, lot condominium subdivision being developed by PHEASANT RUN Grupe Communities, Inc. , within the Lakeshore SUBDIVISION Village development. This subdivision will contain s!' 49 condominium units and a common area. It is Floor located on the northwest corner of Mills Avenue and Bidder Size Sand Creek Drive. COUNCIL APPROVED THE FINAL MAP AND SUBDIVISION DOCUMENTS FOR PHEASANT RUN SUBDIVISION AND DIRECTED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBDIVISION AGREEMENT AND MAP ON BEHALF OF THE CITY. SPECS/REDRILLING Council approved the plans and specifications AND RENOVATION OF Council was apprised that the contract which was WELL. 10 APPROVED awarded to Shape, Incorporated of Sacramento on January 20, 1982 in the amount of $17, 015, has been 1� completed in substantial conformance with the plans and specifications approved by the City Council. ACCEPTANCE OF COUNCIL ACCEPTED THE IMP-R-OVEMENTS IN "SACRAMENTO "SACRA MENTO STREET INDUSTRIAL WASTE STREET INDUSTB.iAL WATER LIFT STATION PUMP AND MOTORS" AND WASTE WA "TER DIRECTED THE PUBLIC WORKS DIRECTOR TO LIFT STATION, FILE A NOTICE OF OJMPLETION WITH THE PUMP AND ; I , f ' COUNTY RECORDER'S OFFICE. MOTORS" which had been received for Portable Basketball SPECS/REDRILLING Council approved the plans and specifications AND RENOVATION OF for "Well Drilling, Well 10" and authorized the WELL. 10 APPROVED City Clerk to advertise for bids thereon. Council further approved a Special Allocation Request in the amount of $46, 750 to redrill Well #10, replace worn bowls and add 40' of column and shaft and abandon two existing wells at the same location. CITY MANAGER'S COUNCIL RECEIVED FOR FILING, CONFLICT OF 1981 CONFLICT OF INTEREST FILING OF CITY MANAGER HENRY GLA VES INTEREST FILING FOR YEAR ENDING DECEMBE R 31, 1981. RECEIVED .� City Manager Glaves presented the following bids which had been received for Portable Basketball Floor and Standards. Floor Bidder Size Alt. 1 Floor Alt. 2 Floor Standards CHAMPION 104X72 $46,700. $11,200. Tax 2,802. Tax 672. Total $49,502. Total $11,872. ROBBINS 104X70 OUTDOOR PRODUCTS $43,475. Tax 2,608. Total $46,083. No Bid $51,375 Tax 3,082 Total $54,457 No Bid $ 9,860. Tax 592. Total $10,452. $ 9,100. Tax 546. Total $ 9,646. 1G_ Continued March 10, 1982 RES. AWARDING Following recommendation of the City Manager, CONTRACT FOR Council adopted the following resolution: PORTABLE BASKET- BALL FLOOR AND RESOLUTION NO. 82-20 STANDARDS RESOLUTION AWARDING THE CONTRACT FOR THE PORTABLE RES. NO. 82-20 BASKETBALL FLOOR TO ROBBINS, INC. IN THE AMOUNT OF $54,457.00 AND OUTDOOR PRODUCTS CO., FOR THE STANDARDS IN THE AMOUNT OF $9,646.00. RES. APPROVING The Modification Agreement of Hutchins and Kettle - CAL TRANS man Traffic Signal with California Department of AGREEMENT FOR Transportation was presented for Council's HUTCHINS AND approval. The proposed work at this intersection KETTLEMAN LANE mainly involves the addition of left turn phases TRAFFIC SIGNAL in order to reduce the high number of left turn accidents; however, doing this will require major RES. NO. 82-21 changes to the signals - new poles, mast arms and detectors. The costs are being split 50-50 be- tween the City and the State and funds ($64,000) �- for the City's share were budgeted in the 1981-82 Capital Improvement Program. Following discussion, on motion of Councilman Pinkerton, Hughes second, Council adopted Resolution No. 82-21 approving Cooperative Agree- ment between the City of Lodi and the California Department of Transportation and directing the Mayor and City Clerk to execute the Agreement on behalf of the City. Staff asked Council for a clarification of Council's February 24, 1982 direction to construct Turner Road (at Cluff Avenue) to its ultimate width. The exact motion, moved by Pinkerton and seconded by Murphy, is as follows: "That we try to acquire the property so we can continue the streets and tie it into the existing contract and get it done at a reasonable price so it's done, out of the way, and so we have a development with an access to the industrial area of the City of Lodi." Because of the exact wording of the motion, the Staff, feels that clarification is needed on the following items: 1. Is it the Council's intention to acquire the required rights-of-way from Snell, Jerome, and Anagnos? For Council's information, it has been past practice of the City Council to use their condemnation power where portions of future street alignments were needed as part of a proposed development for installation of utilities, additional street width, drainage, etc. However, it has been in the past, the developer's responsibility to pay for the appraisal, condemnation, and any litigation costs, the right-of-way needs and to make the necessary installations required for his development. For Council information, the appraisal work will cost $3,000 and the rights-of-way costs and preliminary construction estimates as follows: 123 Continued March 10, 1982 Right-of-way Costs* Construction Costs Total Jerome $ 700 $ 81000 $ 8,700 Snell 5,500 11,000 16,500 Anagnos 10,800 34,000 44,800 Total $ 17,000 $53,000 $70,000 *Based on $0.50 per square foot. No value given to severence. 2. Is it the intent that the City pay all of the above costs? This is questioned based on the memo that was in the last Council packet from City Attorney Stein. From this memo it appears the developer has indicated to the City Attorney that they would be willing to pay for the improvements in front of Snell and Jerome properties if the City purchased the rights-of-way. 3. Is it the City Council's intent to construct all of the street improvements, including parking lane, curb, gutter and sidewalk, or only those improvements necessary to provide the ultimate four (4) travel lanes? 4. It was clear that the Council wanted this work done in conjunction and together with the work under the Assessment District. Since the Assessment District contract has been let and it is the contractor's intent to install the underground utilities and do the roadway construction on Turner Road first, it doesn't appear that we will be able to do the additional work on Turner Road in conjunction with the Assessment District contract. It is assumed that the Council doesn't want to delay the District work. 5. If it is the Council's intent for the City to be responsible for the construction costs, does the Council want to consider reimbursement at the time the properties develop and convert to a higher use? 6. I£ it is the Council's intent for the City to pay for the right-of-way and the additional street construction, does the Council have any preference on what City funds should be used? 7. If Cal -Cushion does not develop (the City has no guarantee) is it still the Council's intent to widen Turner Road? CONFIRMATION OF Following discussion, Staff was informed by the COUNCIL DIRECTION Council that it was Council's intention to acquire 4 ON TURNER ROAD the required rights-of-way from Snell, Jerome, and RIGHT-OF-WAY Anagnos. Council further directed Staff to proceed with the appraisal work at an estimated cost of $3,000.00 which cost will be paid by the City of Lodi. FIRE INSURANCE City Manager Glaves apprised the Council that a RATING report had been received from Insurance Services IMPROVED Office of California indicating that the City of Lodi's fire insurance protection class has been improved to Class 3. UE 124 Continued March 10, 1982 Following introduction of the matter by City Manager Glaves and Council discussion, Council, on motion of Councilman Pinkerton, McCarty second adopted Resolution No. 82-22 awarding the purchase of the following lease vehicles: AWARD -PURCHASE Full size Chevrolet Monte Carlo - Hertz Corp. OF LEASED Millbrae VEHICLES $6,572 RES. NO. 82-22 Chevrolet Chevette - Avis Car Sales Q C' Eoo $5,300 ORDINANCES Ordinance No. 1252 - Ordinance of the City of Lodi, California, declaring the need for an Industrial Development Authority to function in said City, and declaring the City Council of said City to be said Authority, having been introduced at a Special/Adjourned was brought up for passage after second reading by Title. ESTABLISHING On motion of Councilman Pinkerton, Hughes second, INDUSTRIAL the Ordinance was then adopted and ordered to print DEVELOPMENT by the following vote: AUTHORITY Ayes: Councilmen - Hughes, Pinkerton and ORD. NO. 1252 McCarty Noes: Councilmen - None Absent: Councilmen - Katnich and Murphy ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting at approximately 11:45 p.m. Attest: ALICE M. REIMCHE City Clerk