HomeMy WebLinkAboutMinutes - July 21, 1982 (4)24
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
JULY 21, 1982
A regular meeting of the City Council of the City of Lodi was held beginning at
8:00 p.m., Wednesday, July 21, 1982 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, Public Works Director Ronsko, City
Attorney Stein, and City Clerk Reimche and Com-
munity Devel. Director James Schroeder
INVOCATION The invocation was given by Dr. Wayne Kildall, Center of Hope
PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the flag was led by Mayor Reid
REPORTS OF THE.
CITY MANAGER
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, the following actions hereby set forth between
asterisks, on motion of Councilman Pinkerton, Olson second,
were approved by the Council.
CLAIMS
CLAIMS WERE APPROVED IN THE AMOUNT OF $683,709.56
MINUTES
THE MINUTES OF JULY 6, 1982 AND JULY 7, 1982 WERE APPROVED
USE OF CITY FACILITY
Council was apprised that the Lodi Arts Center has agreed to
BY LODI ARTS CENTER
move their headquarters and gallery from.the upstairs Pine
APPROVED
Street location to the new Hutchins Street Square. A proposed
agreement at a monthly rate of $125.0O.with a reopener to
negotiate for additional time was presented for Council's
approval.
"
COUNCIL APPROVED THE AGREEMENT FOR USE OF A FACILITY AT HUTCHINS
`
STREET SQUARE BY THE LODI ARTS CENTER AND AUTHORIZED THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY.
Council was apprised that on September 1, 1981, Council adopted
Resolution No. 81-123 accepting the bid received from Texas Oil
and Gas Corp. of $15,000.00 - cash bonus including the first
years rent as set forth in Exhibit "A" of the specifications.
The appropriate lease agreement was prepared and executed and
forwarded to the San Joaquin County Recorder for recordation.
The Recorder has contended that the document was not of
reproducable quality and new Agreements had to be drawn up.
MAYOR AND CITY
Council authorized the Mayor and City Clerk to execute Gas and
CLERK AUTHORIZED
Oil Lease Agreement with Texas Oil and Gas Corporation covering
TO EXECUTE GAS AND
760.87 acres as approved on September 1, 1981 with Council's
OIL LEASE AGREE-
adoption of Resolution No. 81-123.
MENT
ONE WAY ALLEY
Council was apprised that a request had been received to designate
BETWEEN OAK AND
the alley between Oak and Walnut as one-way from Church Street
WALNUT ESTABLISHED
to Pleasant Avenue in an effort to relieve traffic congestion
and reduce hazards to children attending the St. Anne's and
RES. NO. 82-75
Methodist's Schools.
r '?0
(%
COUNCIL ADOPTED RESOLUTION NO. 82-75 DESIGNATING THE ALLEY
BETWEEN OAK STREET AND WALNUT STREET AS A ONE-WAY ALLEY FROM
CHURCH STREET TO PLEASANT AVENUE.
248
Continued July 21, 1982
HIDEAWAY SUBDIVISION The final map for Hideaway Subdivision was presented for
MAP APPROVED
Council's approval with Council being apprised that this map
is for a one -lot condominium subdivision which will be comprised
of six residential units. It is being developed by the Richards
Company at 719 North School Street. The off-site improvements
are being installed under an Encroachment Permit and no sub-
division agreement is required. The map is being filed to
conform to the legal requirements of condominium projects.
COUNCIL APPROVED THE FINAL MAP FOR THE HIDEAWAY SUBDIVISION
AND DIRECTED THE CITY CLERK TO EXECUTE THE SUBDIVISION MAP ON
BEHALF OF THE CITY.
PINEWOOD SUBDIVISION
Council was informed that the improvements in Pinewood
IMPROVEMENTS ACCEPT-
Subdivision have been completed in substantial conformance with
ED
the requirement of the Subdivision Agreement between the City
of Lodi and Pinewood Limited, dated May 20, 1981, and as
RES. NO. 82-76
specifically set forth in the plans and specifications approved
y(C
by the City Council.
COUNCIL ADOPTED RESOLUTION NO. 82-76 ACCEPTING THE SUBDIVISION
IMPROVEMENTS AND STREETS INCLUDED IN TRACT MAP. NO. 1620,
PINEWOOD SUBDIVISION.
DEVELOPMENT AGREE-
Council was apprised that Lodi Door, Inc., the owner/developers
MENT AMENDMENT FOR
of the property at 1220 East Victor Road, have requested that
1220 EAST VICTOR
the bonds covering off-site improvements along Cluff Avenue,
ROAD APPROVED
which they have provided since September 1980, be released and
they be allowed to enter into a development agreement with the City
to defer the improvements required under those bonds. The
developer has already installed the required improvements
on Victor Road and Mounce Avenue.
Because of the future storm drain installation in Cluff Avenue, _
the off-site improvements in that area have been delayed. They
have been paying premiums on the bonds required by the develop-
ment agreement and the amendment will allow the City to release
the bonds.
COUNCIL APPROVED THE DEVELOPMENT AGREEMENT AMENDMENT FOR 1220
EAST VICTOR ROAD, LODI, AND AUTHORIZED THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
CLASS II SLURRY
COUNCIL APPROVED THE SPECIFICATIONS FOR CLASS II SLURRY SEAL
SEAL SPECS
AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS
APPROVED
THEREON.
'J
City Manager Glaves presented the following bids which had
been received for the contract for landscape maintenance for
various areas within the City of Lodi:
BIDDER COST PER MONTH ANNUAL COST
Ireland Lanscape Co.,Inc. $ 1,983.00 $23,796.00
R & J Landscape Maintenance $ 2,466.00 $29,592.00
Valley Landscaping & Maint. $ 3,370.00 $40,440.00
AWARD - CONTRACT
Following recommendation of the City Manager, Council adopted
FOR LANDSCAPE
Resolution No. 82-71 awarding the Contract for Landscape
MAINTENANCE FOR
Maintenance for various areas within the City of Lodi to
VARIOUS AREAS
Ireland Landscape Co., Inc, of Stockton in the amount of
WITHIN THE CITY
$1,983.00 per month or an annual cost of $23,796.00.
OF LODI - •'
r CO
RES. NO. 82=71
249
Continued July 21, 1982
PUBLIC HEARINGS
Notice thereof having been published in accordance with law
and affidavit of publication being on file in the Office of
the City Clerk, Mayor Reid called for the Public Hearing to
consider the adoption of a Resolution as provided in Ordinance
-
No. 1262, designating standing or parking restrictions within
the City of Lodi as it pertains to Lodi Avenue from Ham Lane
to Central Avenue.
The matter was introduced by Public Works Director Jack Ronsko.
Mrs. Frank Grenko, 233 S. Pleasant Avenue, Lodi, addressed the
Council, urging that Lodi Avenue be posted between Hutchins and
Sacramento Street, between the hours of 9:00 p.m. to 6:00 a.m.
Also addressing the Council on the matter was Mrs. Pat Holman,
2017 West Lodi Avenue, Lodi, California.
A lengthy discussion followed with questions being directed to
Staff and to those persons who had given testimony. Diagrams
of the subject area were presented for Council's perusal.
There being no other persons in the audience wishing to
speak on the matter, the public portion of the hearing was closed.
Council Member Olson asked to abstain from voting on the matter,
as she owns property on Lodi Avenue and would have a possible
Conflict of Interest.
RESOLUTION
On motion of Council Member Snider, Reid second, Council adopted
DESIGNATING STANDING
Resolution No. 82-72 designating standing or parking restrictions
OR PARKING RESTRIC-
on Lodi Avenue between Hutchins Street and Stockton Street
TIONS AS IT PERTAINS
between the hours of 9:00 p.m. and 6:00 a.m. every day of the
TO LODI AVENUE FROM
week.
HAM LANE TO CENTRAL
AVENUE
The motion carried by the following vote:
RES. NO. 82-72
Ayes: Council Member - Pinkerton, Snider and Reid (Mayor)
Noes: Council Member - None
Abstain: Council Member - Olson
Absent: Council Member - Murphy
ORDINANCE AMEND- Notice thereof having been published in accordance with law
ING SECTION 27-22 and affidavit of publication being on file in the Office of
(ENFORCEMENT; the City Clerk, Mayor Reid called for the Public Hearing to
PENALTIES; LEGAL consider amending Section 27-22 (Enforcement; Penalties; Legal
PROCEDURES) OF Procedures) of Chapter 27 (zoning) of the Lodi Municipal Code.
CHAPTER 27 (ZONING)
OF THE LODI MUNICIPAL The matter was introduced by Staff.
CODE INTRODUCED
Mr. Charles Duncan, who identified himself only as a Lodi
ORDINANCE NO. 1265 resident, spoke in opposition to the proposed Ordinance.
There being no other persons wishing to speak on the matter,
I the public portion of the hearing was closed.
A lengthy discussion followed with questions being directed
to Staff.
Councilman Pinkerton then moved for introduction of Ordinance
No. 1265 amending Section 27-22 (Enforcement; Penalties; Legal
Procedures) of Chapter 27 (zoning) of the Lodi Municipal Code.
The motion was seconded by Council Member Olson and carried by
unanimous vote.
PLANNING COMMISSION City Manager Glaves gave the following report of the Planning
Commission meeting of July 12, 1982.
The Planning Commission
250
Continued July 21, 1982
VACATION TIMBER-
1. Determined that no public need existed and recommended that
LAKE CIRCLE
the City Council abandon Timberlake Circle east of Lakeshore
Drive in Lakeshore Village, Unit #1.
The Planning Commission also -
1. Approved the request of Baumbach and Piazza, Consulting
Engineers, on behalf of Harley Hieb for a Tentative Parcel
Map for an addition to Lot 20, River Oaks Subdivision.
2. Set a special joint meeting with the San Joaquin County
Planning Commission for 7:30 p.m., Thursday, July 29, 1982,
in the Micke Grove Park Auditorium.
3. Elected Fred Baker, Chairman, and Joanne Hoffman, Vice -
Chairman for the 1982-83 Fiscal Year.
COMMUNICATIONS
REPORT FROM PT&T
City Clerk Reimche presented a response from Pacific Telephone
RE CHURCH STREET
which had been received in response to our letter concerning
PROJECT _
projects relocating aerial plant on Church Street from Locke -
ford to Turner Road and advising that these projects are on
schedule and will be completed by July 31, 1982.
DISCOUNT RATE PRO-
City Clerk Reimche presented a letter which had been received
POSED ON NUMBER OF
from the Lodi Ambulance Service regarding a rate adjustment
PATIENTS IN LODI
and proposing a discount base rate based on the number of
AMBULANCE SERVICE
patients being transported in the ambulance.
AMBULANCES
The City Clerk presented the following applications which
had been received for Alcoholic Beverage Licenses:
ABC LICENSE
a) Mohammed Amin, AM PM Market, Off Sale Beer and Wine
APPLICATIONS
b) Pizza Palace, Inc., Straw Hat Pizza, on -sale beer and
Wine Public Eating Place.
c) Quik Stop Markets, Inc., Laura M./Oscar N. Cano, Off
Sale Beer and wine.
APPOINTMENTS TO
Council was apprised that word had been received from Dr.
VARIOUS LEAGUE OF
Thomas Clark, President of the League of California Cities of
CALIFORNIA CITIES
the following appointments to various League Task Forces on
TASK FORCES RE-
Administrative Regulations. Each Task Force has been assigned
GARDING ADMINISTRA-
the responsibility of reviewing regulations issued by certain
TIVE REGULATIONS
state agencies and making specific recommendations to change or
eliminate unnecessary regulations.
J�
Task Force No. 2 - Air Resources Board, Water Resources Board
and Solid Waste Management Board - Councilman James Pinkerton.
Task Force No. 11 - Resources Agency/OPR (CEQA) Community
Development Director Schroeder and City Attorney Stein.
Task Force No. 10 - Fair Political Practices Commission -
City Clerk Alice Reimche.
APPOINTMENT TO
City Clerk Reimche announced that word had been received from
COUNTY ARTS COUNCIL
the San Joaquin County Board of Supervisors advising that
ANNOUNCED
Naomi Carey of Lodi had been apointed to the County Arts
Council - District 4.
LODI COMMUNITY
Council was informed that the Lodi Community Development
DEVELOPMENT DEPART-
Department was the recipient of the American Planning Association
MENT RECIPIENT OF
Merit Award for the completion and publication of the "City of
AWARD FOR PUBLICA-
Lodi Development Information Booklet".
TION
251
Continued July 21, 1982
COMMENTS BY CITY Council Member Olson congratulated Public Works Director
COUNCIL MEMBERS Ronsko on the Turner Road asphalting project.
COMMENTS BY THE There were no persons in the audience wishing to speak on any
PUBLIC ON NON AGENDA non -agenda items.
ITEMS
REGULAR CALENDAR Agenda item K-1 - "Approve 4 -way stop, Stockton and Pine Street"
was introduced by Public Works Director Ronsko. Mr. Ronsko
apprised the Council that the Public Works Department has
reviewed the intersection as part of its ongoing program to
reduce high accident locations. Any one of the following
conditions may indicate the need for a four-way stop sign
installation:
1. Where traffic signals are warranted and the need is urgent,
the four-way stop is an interim measure that can be installed
quickly to control traffic while arrangements are being made
for the signal installation.
2. An accident problem, as indicated by five or more reported
accidents of a type susceptible of correction by a four-way
stop installation in a 12 -month period. Types of accidents
susceptible of correction include right angle and left turn
collisions.
3. Minimum volume warrant:
a. The total vehicular volume entering the intersection
from all approaches must average at least 500 vehicles
per hour for any eight hours of an average day, and
b. The combined vehicular and pedestrian volume from the
minor street or highway must average at least 200
units per hour for the same eight hours with an average
delay to minor street vehicular traffic of at least 30
seconds per vehicle during the maximum hour.
This intersection meets all three of the above.
1. The intersection has warranted traffic signals for sometime.
A copy of the most recent investigations of the intersection
for signals was presented for Council's perusal, however,
preliminary review indicates that it's probably No. 5 in
priority. If the City continues to install new signals at
one intersection per year, the problem can only become worse
in that time.
2. There have been five accidents in the last year and ten
in the last two years which are of the type susceptible to
correction, (i.e. right angle impact where one or the other
or both vehicles failed to properly yield the right-of-way.)
3. The average of the highest 8 hours gives a total hourly
traffic of 841 considerably above the minimum of 500 and the
average of the highest 8 hours on the minor street is 267
vehicles per hour. People crossing Pine Street at this
location will attest to the fact that considerable delay is
encountered and may, in fact, increase the possibility of
accidents because of the frustration level that sometimes
develops.
The City has previously prohibited some curb parking to provide
visibility for drivers entering or crossing Pine Street. The
installation of four-way stop signs at the intersection will
enable the City to convert a portion of these blocks to on -
street parking. In order tb reduce accidents and based on the
established guidelines, it is the Public Works Department's
recommendation that a four-way stop sign be installed at Pine
and Stockton Streets.
A very lengthy discussion followed with questions being directed
to Staff.
2�3
Continued July 21, 1982
PROPOSED FOUR-WAY Councilman Pinkerton then moved to deny Staff's recommendation
STOP - STOCKTON for approval of the installation of four-way stop signs at the
AND PINE STREET intersection of Stockton and Pine Streets and eliminate a
REJECTED portion of the red curb on Pine Street at the same location.
The motion failed to carry by the following tie vote:
Ayes: Council Member- Pinkerton and Reid
Noes: Council Member- Olson and Snider
Absent: Council Member - Murphy
Additional discussion followed and Council indicated it was
desirous of having an opportunity to review the 1982 Traffic
Signal Priority Study just received, before the matter is brought
back to the Council.
APPEAL OF OWNERS Agenda item K-2 - "Appeal of owners of property at 412, 415,
OF PROPERTY AT 412, 423, and 431 South Sacramento Street redevelopment improvements
415, 423, and 431 was introduced by Public Works Director Ronsko.
S. SACRAMENTO STREET
RE DEVELOPMENT Mr. Ronsko stated that in October of 1979, Muller Equipment
IMPROVEMENTS Company took out a building permit for construction of a new
warehouse valued at $76,000. Prior to issuance of a permit,
at the request of the City, the following took place:
1. Since the proposed building straddled a property line,
the necessary paperwork was processed to remove the property
line, creating one larger parcel out of two, as shown on
sketch provided for Councils perusal and identified as
Parcels 1A and 13.
2. In conformance with Section 5-24 of the Code of the City
of Lodi, a deed of dedication for five feet along all the
frontage both controlled and used by the company was prepared',
by the City and signed by the owners, (Parcels IA, 1B, and
2 of sketch).
3. In conformance with Section 5-22 (b) of the Code, an agree-
ment to install improvements along the frontage described
in 2 above, was also prepared by the City and signed by
the owner.
The frontage on the east side of Sacramento Street included
in the dedication and agreement for improvement was based on
the use of the property by the company for manufacturing,
warehousing, and storage. The existing property line, between
the two included parcels (1A, 1B and 2), appears to be historical
only, as both parcels are used as one by the owner. It should
be noted, however, that either parcel IA, 1B or 2 could be sold
separately.
Parcel 3 as shown on the sketch is also owned by the same
company, however, because it is used for other purposes, it
was not included in either the dedication or agreement to improve.
At the time all items were returned to the City, and the permit
issued, Mr. Muller said that he did not think we were being
fair and that he wished to appeal our decision. Rather than
record documents, and then re-record or abandon if the appeal
was granted, it was elected to hold the signed documents until
such time as the outcome of the appeal was known.
A copy of Mr. Muller's appeal letter was presented for Council's
perusal.
The City Council heard and discussed the appeal of Mr. Phil
Muller regarding the development requirements on his property
located at 412 S. Sacramento Street, Lodi. Following discussion
Mr. Muller withdrew his appeal covering 415, 423, and 431 S.
Sacramento Street. The City Staff pointed out that the develop-
ment requirements being questioned were related to an interpretation
of the ordinance.
,253
Continued July 21,
1982
Following receipt of testimony by Mr. Muller and his engineers
and Staff's presentation, Council Member Olson moved that the
property owner be allowed to redevelop a property line south of
the new building by means of a parcel map and that development
off-site improvements only be applicable to the frontage of the
new lot. The motion was seconded by Council Member Pinkerton
and carried by unanimous vote.
REQUEST FOR RELIEF
Mr. Mike Sabo, 4264 East Almond Avenue, Lodi, addressed the
OF FRONT FOOTAGE
Council asking for some relief of the front footage charges for
CHARGES FOR WATER
his recent water main tap on Almond Avenue. The City's policy
MAIN TAP
regarding water main extensions was outlined for the benefit
of the'Council. A lengthy discussion followed with questions
being directed to Staff and to Mr. Sabo. On motion of Mayor
Reid, Olson second, Council denied the request.
Following introduction of,the matter by Assistant City Manager
Glenn, Councilman Pinkerton moved for introduction of Ordinance
No. 1266 adopting an Operating Budget for the support of various
departments of the City of Lodi and a Utility Outlay Budget for
the Fiscal Year beginning July 1, 1982 and ending June 30, 1983
in the amount of $29,545,205. which included the following
addendum -
1982 -83 BUDGET
ADDENDUM
REVENUES
State Motor vehicle -
In -Lieu Taxes $219,465
State Cigarette Taxes 125,965
County Recreation
Allotment (9,055)
$336,375
EXPENDITURES
Woodbridge Irrigation District
Decrease Increase
Acc't 10-025.5-699 $ 6,000
Acc't 10-503.9-699 $ 6,000
Fire Dept. Depreciation
Acct 10-201.1-400 10,705
City Clerk - Clerical
i
Acc't 10-001.1-100 5,000
Utility Outlay Budget
Acct 16.1-640.1-699 2,000
Acct 16.1-680.1-5xx 33,000
$ 35,000
254
Continued July 21, 1982
ARTS COMMISSION
Decrease
Miscellaneous Indoor Activities
Acc't 10-702.3-100 $ 2,000
211 350
212 1,900
213 500
321 1,260
355 690
Cultural Activities
Acc't 10-702.10-100
211
212
213
301
303
321
355
621
Lodi Arts Commission
Acc't 10-702.11-201
202
221
301
302
303
308
309
355
Economic Development Commission
Acc't 10-045.3-201
221.
301
302
307
308
399
$ 6,700
Increase
$ 2,300
350
1,900
500
500
300
1,260
500
150
$ 7,760
$ 250
300
300
400
200
200
50
100
200
$ 2,000
$ 100
500
2,500
200
60
50
600
$ 4,010
PAGE 43 - AUTHORIZED POSITIONS
Add position of Equipment Service Worker
APPROVAL OF 1982-83 The motion was seconded by Council Member Olson and carried by
F.Y. BUDGET the following vote:
ORD. NO. 1266 Ayes: Council Members - Olson, Pinkerton, Snider and
INTRODUCED ]Reid (Mayor)
Cc._!-\C.b1
C, c - "'Q� Noes: Council Members - None
Absent: Council Members - Murphy
25.5
Continued July 21, 1982
LOT LINE ADJUSTMENT
Following introduction of the matter by Community Development
APPROVED _
Director Schroeder, Council, on motion of Council Member
y
Pinkerton, Olson second, adopted Resolution No. 82-74 approving
RES. NO. 82=74
the Lot Line Adjustment at 320 and 450 North Cherokee Lane, Lodi.
CITY OF LODI TO JOIN
Mayor Reid introduced the subject of the possibility of the
WITH NCPA IN A
City of Lodi joining with N.C.P.A. in a completing application
COMPLETING APPLICA-
for the license to operate the Kings River Hydroelectric
TION FOR THE LICENSE
facilities.
TO OPERATE THE KINGS
RIVER HYDROELECTRIC
City Clerk Reimche read a statement by Robert G. Scott, acting
FACILITIES
Lodi Manager for Pacific Gas and Electric indicating that PG&E
will strongly oppose any effort by another party to license
RES. NO. 82-73
the King's River facilities. Mr. Scott was in the audience and
addressed the Council regarding PG&E's position on the matter.
'
A lengthy discussion followed with Councilman Pinkerton voicing
his opposition to participating in this project.
Mayor Reid then moved that Council authorize the City of Lodi
to join with NCPA in a completing application for the license
to operate the Kings River Hydroelectric facilities. The motion
was seconded by Councilman Snider and carried by the following
vote:
Ayes: Council Member - Olson, Snider, and Reid (Mayor)
Noes: Council Member - Pinkerton
Absent: Council Member - Murphy
Additional discussion followed with Councilman Pinkerton moving
that a $10,000 cap be placed on this project. The motion died
i
for lack of a second.
Councilman Pinkerton then asked that the record show his
proposal of a $10,000 cap and his belief that the actual costs
will be 10 times that figure.
ORDINANCES
Ordinance No. 1264 - entitled, "An Ordinance Amending Section 11 =
3 of the City Code of the City of Lodi entitled, 'Collection Rates
AMENDING COLLECTION
for Garbage Services"' having been introduced at a regular
RATES FOR GARBAGE
meeting held July 7, 1982 was brought up for passage on motion
SERVICES
of Councilman Snider, Olson second. Second reading was omitted
after reading by title, and the Ordinance was then passed, adopted,
ORD. NO. 1264—
and ordered to print by the following vote:
ADOPTED
Ayes: Council Members - Olson, Pinkerton, Snider and
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - Murphy
ADJOURNMENT
The Council, at approximately 11:10 p.m., adjourned to Closed
TO CLOSED SESSION
Session with Mayor Reid indicating that the Council would not
formally reconvene at this meeting. The purpose of the Closed
session was to discuss matters pertaining to labor negotiations.
Attest: /�jJ•
ALICE M: IM HE
City Clerk