HomeMy WebLinkAboutMinutes - June 2, 198219!
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
June 2, 1982
A regular meeting of the City Council of the City of Lodi was held beginning at
8:00 p.m., Wednesday, June 2, 1982 in the City Hall Council Chambers.
ROLL CALL Present: Council Members - Murphy, Olson, Pinkerton,
Snider, and Reid (Mayor)
Absent: Council Members - None
Also Present: City Manager Glaves, Assistant City Manager
Glenn, Public Works Director Ronsko, City
Attorney Stein, and City Clerk Reimche
INVOCATION The invocation was given by Reverend Darrell Thomas, First
Methodist Church
PLEDGE The Pledge of Allegiance to the flag was led by Mayor Reid
PRESENTATIONS Mayor Reid read a Proclamation proclaiming "Flag Day" in the
7 City of Lodi
PLANNING COMMISSION City Manager Glaves gave the following report of the Planning
Commission meeting of May 24, 1982:
' J The Planning Commission -
ITEMS OF INTEREST 1. Continued the Public Hearing on the proposed Ordinance
recommending that the City Council amend Section 27-22
(Enforcement, Penalties, Legal Procedure) of Chapter 27
(Zoning) of the Lodi Municipal Code pending the preparation
of certain changes by the City Attorney.
2. Conditionally approved the request of Glen Baumbach, Baumbach
and Piazza, Consulting Engineers, on behalf of Dr. Alonzo
Proctor for the approval of the Tentative Subdivision Map
of Fairmont Professional Center, a medical -dental condominium
project to be located at 519, 525, and 531 South Fairmont
Avenue in an area zoned R -C -P, Residential -Commercial -
Professional and certified the filing of a Negative Declara-
tion as adequate Environmental Documentation.
3. Accepted the recommendation of the San Joaquin County
Planning Department for the following meetings:
a. Woodbridge Area meeting to be held June 15, 1982 at
Woodbridge School; and
b. Joint meeting and Public Hearing of the Lodi City Planning
Commission and the San Joaquin County Planning Commission
regarding the Woodbridge area to be held July 29, 1982 in
Julia Harrison Auditorium at Micke Grove Park.
COMMUNICATIONS
City Clerk Reimche presented a letter which had been received
(City Clerk)
from Senator Kenneth Maddy in response to a letter written by
the City Clerk on behalf of the Council expressing concerns
RESPONSE RE
regarding Governor Brown's proposal to reduce state subventions
PROPOSED REDUCTION
to cities by eliminating both the motor vehicle -in -lieu- fees
IN STATE SUB-
and cigarette tax. Senator Maddy stated that "it appears the
VENTIONS TO CITIES
Governor's proposal will be rejected by the Legislature and that
further discussions on this issue will continue during meetings
of the Conference Committee on the Budget. As a member of the
committee, please be assured I will be mindful of your views".
ABC LICENSES
City Clerk Reimche presented the following applications for
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Alcoholic Beverage License which had been received:
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a) Roger Fujita, Star Market, N.W. Corner of Harney Lane and
West Lane, Lodi - Off Sale General.
b) Stuart R. Bewley, Michael M. Crete, et al, Island Wine Cooler
Co., 6161 East Highway 12, Room 1-A, Lodi, wine Blender
20,000 to 100,000 gal.
19?
Continued June 2, 1982
COUNCIL'S SUPPORT City Clerk Reimche presented a letter which had been received
REQUEST ON RE- from Bob Gray, President, Lodi District Chamber of Commerce,
EVALUATION OF asking for Council's support on the re-evaluation of expenditures,
EXPENDITURES BY by the California Transportation Commission, with regards to
CALIFORNIA TRANSPOR- planting and beautification of highways.
TATION COMMISSION RE
PLANTINGS AND
BEAUTIFICATIONS OF '
HIGHWAYS
"NO" VOTE URGED The City Clerk presented for Council's perusal a copy of San
ON PROPOSITION 9 Joaquin County Board of Supervisors' Resolution No. R-82-791,
"Resolution Opposing the Authorization, Funding, and Construction
r of the proposed Peripheral Canal as authorized by Senate Bill No.
j 1. i �✓ 200 and urging a "No" vote on Proposition 9 at the June 8, 1982
election".
DISPOSAL SERVICE City Clerk Reimche presented a letter which had been received
RATES QUESTIONED from Bill Parson's Central Valley Disposal Service, asking that
Council compare Central Valley Disposal Service rates to those of
: Sanitary City and stating that Central Valley Disposal Service
believes that they are being dealt with un£arily in their competi-
tion with Sanitary City in the County. City Clerk Reimche was
directed to forward a copy of this letter to Sanitary City
Disposal Company for their review and comment.
ORDINANCE REQUESTED City Clerk Reimche presented a letter which had been received
REQUIRING DOG from Mrs. Linda E. Mayo asking that Council adopt an ordinance
OWNERS TO REMOVE requiring that while walking their dog, dog owners should be
THEIR ANIMAL'S required to remove their animal's waste from yards and sidewalks.
WASTE FROM Sample ordinances from other Cities throughout the State were
YARDS AND SIDEWALKS presented for Council's perusal by City Attorney Stein. No
;i action was taken by the Council on the matter.
1/1/82 CITY City Clerk Reimche presented a letter which had been received
POPULATION FIGURE from the State of California Department of Finance certifying
CERTIFIED BY the population of the City of Lodi at 36,928 as of January 1,
STATE " ' 1982.
NAME OF "HUTCHINS Naomi McCallum Carey, Chairman for the Old L.U.H.S. Site
STREET SQUARE" AND Foundation "New Look Contest" reported to the Council that the
LOGO SELECTED winning name and logo"Hutchins Street Square" was submitted
FOR OLD LODI HIGH by Denise L. Martin, of Irving, Texas.
SCHOOL SITE
r!; On motion of Councilman Pinkerton, Murphy second, Council accepted
the winning name and logo of "Hutchins Street Square" and expressed
sincere appreciation to the foundation for their dedication, time,
and effort.
COMMENTS BY CITY
Following receipt of a petition from residents in the area of
COUNCIL MEMBERS
Laurel Avenue requesting that the $1.00 entrance fee to Lodi
Lake Park be rescinded. The following persons addressed the
LODI LAKE PARK
Council on the matter and on problems being encountered in the
area of Lodi Lake Park:
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a) Mr. A. M. Mellor, 1008 Laurel Avenue, Lodi
b) Mr. Miles Cope, 1012 Laurel Avenue, Lodi
c) Mr. Frank Alegre, 2000 Edgewood Drive, Lodi
d) Mr. Leon Mitchell, 525 N. Sunset Drive, Lodi
A lengthy discussion followed with questions being directed
to Staff and to members of the audience who had given testimony.
Mayor Fred Reid then appointed the following Task Force to study
the matter, asking that the Task Force return to Council next
month with their recommendations:
Chairman - John (Randy) Snider - Councilman
James Schroeder - Community Development Director
Marc Yates - Chief of Police
Continued June 2, 1982
David Hinchman - Parks and Recreation Commissioner
REQUEST RECEIVED Mr. Jack Navone, Deputy Director, San Joaquin County Public
TO EXTEND LODI Works Department addressed the Council requesting that Council
DIAL -A -RIDE TO consider extending the City of Lodi Dial -a -ride program to serve
SERVE WOODBRIDGE the Woodbridge area. Mayor Reid referred the request to Staff
AREA for investigation, asking that a report be made back to Council
shortly on its recommendations.
COMPLAINT RE The following complaints were registered by citizen Frank Alegre,
SIGNING AT LODI 2000 Edgewood Drive, Lodi:
RACQUETBALL CLUB
The "No Parking" signing in the area of the Lodi Racquetball
Club, 1900 S. Hutchins Street, Lodi, is installed at such an
angle as to make it very difficult to see.
COMPLAINT REGISTERED Mr. Alegre further lodged a complaint with the Council alleging
REGARDING ELEVATIONS incorrect elevations in the Turner Road/Cluff Avenue Assessment
IN TURNER ROAD/CLUFF District. A lengthy discussion followed with Mr. Alegre detailing
AVENUE ASSESSMENT the points of his complaint. Questions were posed to Staff and
DISTRICT f A'
to Mr. Alegre. City Manager Glaves stated that he was meeting
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with Staff on 6/3/82 regarding this matter, and will contact
_
Mr. Alegre following that meeting.
HARRASSMENT BY
Mr. Leon Mitchell, 525 N. Sunset, Lodi, Mitchells' Loft, addressed
MEMBERS OF THE
the Council alleging harrassment by the Lodi Police Department of
LODI POLICE DEPT.
local tavern patrons. Mr. Mitchell accused the Police Department
OF LOCAL TAVERN
of having a "point system" for issuing citations and asked for a
PATRONS ALLEGED
full scale investigation of the Lodi Police Department and of the
City Manager. Mr. Mitchell asked about reward for the "Point
System", asked about a program of roof -top surveillance of
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private businesses;and about vehicles being stopped "just because
-
they are on the road". Mr. Mitchell indicated that he didn't
feel that an internal invetigation could be unbiased and asked
for the procedure to initiate a Grand Jury Investigation.
Mr. Mitchell asked that any other citizens whd.wished to
register similar complaints to call the Lodi Life and Times.
The following Fersons addressed the Council citing instances
involving them personally, of alleged "harrassment" by members of
the Lodi Police Department.
a) B. Buet, 2432 Tejon, Lodi
b) Lillian Honea, P. 0. Box 743, Woodbridge
c) Al Allmindinger, 23066 S. 99 Highway, Ripon
d) Arthur Spillman, 360 East Lodi Avenue, Lodi
e) Arthur Beaulieu, 406 N. Lincoln Avenue, Lodi
f) Winifred Mitchell, 525 N. Sunset Drive, Lodi
Council discussion followed with questions being directed to
City Manager Glaves and to persons who had given testimony.
The discussion concluded with Mr. Leon Mitchell consenting to
meet with City Manager Glaves concerning the matter in the City
Manager's Office on June 3, 1982 at 1:00 p.m.
RECESS
Mayor Reid declared a 5 minute recess and the Council reconvened
at approximately 10:25 p.m.
REPORTS OF THE
In accordance with report and recommendation of the City Manager
CITY MANAGER
the following actions, hereby set forth between asterisks on
motion of Councilman Pinkerton, Murphy second, were approved by
the Council.
CLAIMS
CLAIMS WERE APPROVED IN THE AMOUNT OF $1,162,762.31.
1.94
Continued June 2, 1982
ITEMS REMOVED
With the tacit concurrence of the Council, Agenda Item "c"
TO REGULAR
"Award - Landscape Maintenance Contract' was removed to the
CALENDAR
Regular Calendar.
City Manager Glaves presented the following bids which had been
received for "City Hall Complex Janitorial Contract".
AWARD -CITY HALL
Following recommendation of the City Manager, Council adopted
COMPLEX JANITORIAL
the following resolution:
CONTRACT
1
RESOLUTION NO. 82-53
RES. NO. 82-53
.-C - la Cis)
RESOLUTION AWARDING THE CONTRACT FOR THE CITY HALL
-9v
C C , c> O
COMPLEX JANITORIAL SERVICE TO A-1 JANITORIAL SERVICE,
LODI, IN THE AMOUNT OF $2,992.03 PER MONTH.
EASTERN SAN JOAQUIN
City Manager Glaves presented a letter from George Barber,
COUNTY GROUND WATER
County Supervisor and President, East San Joaquin County Water
STUDY ENDORESED
Users Association, asking the City of Lodi to formally endorse
the County's proposed "eastern San Joaquin County Ground Water
Study. It is estimated that the study will cost $300,000 -
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$350,000. It is proposed that these funds be raised through
-
benefit assessments based on land areas within the study zone
(352,000 acres). It is proposed that the total assessment be
applied over a 2 - 3 year period and would amount to approximately
$0.50 for an average Lodi Lot. Council adopted the following
resolution.
RES. N0. 82-54
RESOLUTION NO. 82-54
RESOLUTION ENDORSING THE COUNTY'S PROPOSED "EASTERN
SAN JOAQUIN COUNTY GROUND WATER STUDY".
AGREEMENT WITH COUNCIL APPROVED AGREEMENT WITH DEBCO TOWING FOR TOWING OF
DEBCO TOWING ` ABANDONED VEHICLES AND AUTHORIZED THE CITY MANAGER AND CITY f
APPROVED ^� i+�a' CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
AGREEMENT FOR COUNCIL APPROVED THE AGREMENT WITH DOROTHY SEIBEL FOR THE LODI
LODI LAKE CONCES- LAKE CONCESSION STAND, FOR A ONE YEAR PERIOD, AND AUTHORIZED
SION STAND APPROVED THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
ry y C�.e)p OF THE CITY.
S. J. COUNTY DATA COUNCIL ADOPTED RESOLUTION NO. 82-55 APPROVING AN AGREEMENT
PROCESSING WITH THE COUNTY FOR DATA PROCESSING SERVICES REGARDING PARKING
SERVICES AGREE- VIOLATION CITATION INFORMATION AND AUTHORIZED THE CITY MANAGER
MENT RE PARKING AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
VIOLATION CITATION
INFORMATION'S
APPROVED - -
RES. NO. 82-55
�c
Agenda item "i" - "Hutchins Street Alley (between Lee and
Hutchins and Walnut and Lodi Avenue) was introduced by City
Attorney Stein. City Attorney Stein apprised the Council that
' in approximately September, 1978, Maurice Ray purchased the
lot on the South side of the alley from the Lodi Unified School
District and in January 1979, the City Council filed notice
of intent to abandon the alley at Mr. Ray's behest. Mr. Ray
intended to build an office builidng on his parcel. In February,
1979, the abandonment was denied by the Council because of Mr.
Campbell's objections. In March 1979, Mr. Ray offered to rent a
portion of the alley and the Council authorized a quiet title
suit to obtain the property on the north side of the alley. Said
quiet title action was to be paid for by Mr. Ray. Attached hereto
are copies of the Council Minutes of March 21, 1979. Since March
of 1979, the City Public Works Department and the City Attorney's
office have attempted to work out an agreement between the property
owners on the north side of the alley for the deeding of the alley
as it was constructed. Unfortunately, the City has reached
somewhat of an impasse and at this time is interested in direction
from the Council as to the pursuing of the quiet title action.
195
Continued June 2, 1982
What would be pursued in the quiet title action would be a
request for a court determination that the alley, where it
was actually constructed, was in fact the true alley. The
City will be claiming an prescriptive easement for the public over
the alley that was actually constructed. This is pursuant to
Civil Code Section 1009(3)(d) which reads to wit:
"Where a governmental entity is using private
lands by an expenditure of public funds on
visible improvements on or across such lands
or on the cleaning or maintenance related to
the public use of such lands in such a manner
so that the owner knows or should know that
the public is making such use of his land, such
use, including any public use reasonably related
to the purposes of such improvement, in the absence
of either express permission by the owner to
continue such use or the taking by the owner of
reasonable steps to enjoin, remove or prohibit
such use, shall after five years ripen to
confer upon the governmental entity a vested
right to continue such use."
Again, it is to be noted .that the survey of 1939 shows that the
alley was constructed 10 feet north in its present location, so
obviously, the five-year period has long passed.
A copy of a map showing the Hutchins Street Alley as it was
originally deeded to the City and as it was actually constructed
was presented for Council's perusal. It was noted that the
Hutchins Street Alley as deeded to the City, lies south of where
the alley was actually constructed. It is to be noted that the
City obtained a grant deed from the Hutchins family on October 16,
1908 for the alley, and a survey dated October 1939 shows that
the alley was not constructed within the right -o£ -way, but
approximately 10 feet north of the originally deeded alley.
Also addressing Council on the matter were:
a) Mr. Don Campbell, 412 West Walnut Street, Lodi
b) Mr. Justis Brand, 408 West Walnut Street, Lodi
c) Mr. Maurice Ray, Jr. 801 South Fairmont Avenue, Lodi
A lengthy discussion followed with questions being directed to
Staff and to those persons who had given testimony.
On motion of Councilman Pinkerton, Murphy second, Council
deferred action on this matter to the regular Council meeting of
June 16, 1982, and added to the agenda for the Special Meeting
of Monday, June 7, 1982 at 7:30 a.m., an on-site inspection
of the Hutchins Street alley site.
APPEAL OF OWNERS As requested by Glen Baumbach of Baumbach and Piazza, Council,
OF PROPERTY IN on motion of Mayor Pro Tempore Murphy, Snider second, deferred
400 BLOCK OF to the regular meeting of June 16,1982 consideration of the
SOUTH SACRAMENTO appeal of owners of property in the 400 block of South Sacramento
STREET RE Street re development requirements.
DEVELOPMENT
REQUIREMENTS
DEFERRED
LODI AMBULANCE Following receipt of a request for Council approval of the
SERVICE REQUEST_ transfer of ownership of the Lodi Ambulance Service, Inc. to
FOR TRANSFER OF Michael N. Nilssen, President, which included information as
OWNERSHIP APPROVED required by City of Lodi Code Section 2-A et seq, Council, on
motion of Councilman Pinkerton, Murphy second, approved the
rf transfer.
198
Continued June 2, 1982
CONTRACT - LAND- City Manager Glaves presented the following bids which had been
SCAPE MAINTENANCE received for "Landscape Maintenance of Various Areas within the
OF VARIOUS AREAS City of Lodi" advising that the low bid of Ireland Landscape Co.,
WITHIN THE CITY of Stockton had been submitted unsigned. The City Attorney has
OF LODI recommended that the low bid, from Ireland Landscape Company,
be rejected because of the omission of the signature and that the
ALL BIDS REJECTED second low bidder, R & J Landscape Maintenance, Stockton, be
awarded the contract.
Mr. John Harris, Attorney-at-law, 4545 Georgetown, Stockton,
representing the Ireland Landscape Company, spoke on behalf
of his client asking that Council accept the bid even in light
of the fact that it was not signed.
A very lengthy Council discussion followed with questions being
directed to Staff.
Mayor Reid then moved to adopt Resolution No. 82-53 awarding
the Landscape Maintenance Contract for various areas within
the City of Lodi to R & J Landscape Maintenance the second
low bidder, in the amount of $30,264.00
Ireland Landscape Co. $ 1,972.50 $23,670.00
R & J Landscape Maintenance $ 2,522.00 $30,264.00
Jim's Gardening Service $ 2,551.00 $30,612.00
Craig Cosentino & Associate $ 2,625.00 $31,500.00
Valley Landscaping & Maint. $3,370.00 $40,440.00
The motion was seconded by Mayor Pro Tempore Murphy but failed
to pass by the following vote:
Ayes: Council Members - Murphy and Reid
Noes: Council Members - Olson, Pinkerton &
Snider
Following additional discussion, on motion of Councilman
Pinkerton, Murphy second, Council rejected all bids received for
"Landscape Maintenance of Various Areas within the City of Lodi",
directed the City Clerk to readvertise for bids theron, and extended
the present contract for this service with Jim's Gardening
Service for an additional 30 days.
ORDINANCES
ARTICLE V (STOP- Ordinance No. 1262 entitled, An Ordinance of the City Council
PING, STANDING, of the City of Lodi amending Article V (Stopping, Standing and
AND PARKING) OF Parking) of Chapter 14 (Motor Vehicles and Traffic) of the Lodi
CHAPTER 14 City Code having been introduced at a regular meeting of the
AMENDED Council held May 19, 1982 was brought up for passage after
reading by title. On motion of Councilman Pinkerton, Murphy
ORD. NO. 1262 second, the Ordinance was then adopted and ordered to print
ADOPTED by the following vote:
Ayes: Council Member - Murphy, Olson, Snider,
C'_ � � Pinkerton, and Reid (Mayor)
Noes: Council Member - None
Absent: Council Member - None
ARTICLE I COUNCIL Ordinance No. 1263 entitled, An Ordinance Amending Chapter 2
MEETINGS AND (Administration), Article I (Council Meetings and Procedure),
PROCEDURES SECTION Section 2-9 (Order of Business), Thereby Revising the Order of
2-9 ORDER OF Business as set forth in Section 2-9 having been introduced at
BUSINESS AMENDED a regular meeting of the Council held May 19, 1982 was brought
up for passage after reading by title. On Motion of Councilman
ORD. NO. 1263 Pinkerton, Murphy second, the Ordinance was then adopted and
ADOPTED ordered to print by the following vote:
rs - Ayes: Council Member - Murphy, Olson, Snider,
Pinkerton, and Reid (Mayor)
Noes: Council Member - None
197
Continued June 2, 1982
ADJOURNMENT There being no further business to come before the Council,
Mayor Reid adjourned the meeting at 11:55 p.m.
Attest:
ALICE M. REIMCHE
City Clerk