HomeMy WebLinkAboutMinutes - October 27, 1982312
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, OCTOBER 27, 1982
An adjourned regular meeting of the Lodi City Council of the City of Lodi
was held on Wednesday, October 27, 1982 in the City Hall Council Chambers.
ROLL CALL Present: Council Members - Murphy, Olson, Pinkerton,
Snider, and Reid (Mayor)
INVOCATION
PLEDGE
PRESENTATIONS
AWARDS f
PROCLAMATIONS
REPORTS OF
THE CITY
MANAGER
Absent: Council Members - None
Also Present: City Manager Glaves, Assistant City Manager
Glenn, Public Works Director Ronsko, Community
Development Director Schroeder, City Attorney
Stein, and City Clerk Reimche
The invocation was given by Reverend Don Mulvihill, Pastor,
English Oaks Church.
The Pledge of Allegiance was led by Mayor Reid.
Presentations were made to Lodi artists Margie Buck and
Joel Nichols, winners of the postcard contest sponsored by
the Lodi Arts Commission.
Mayor Reid presented the following Proclamations:
a) "Preventing Youth Problems Month" - received by
Mr. Darrel E. Johnson, Lodi's representative to the
Crime Awareness Prevention Commission.
b) "Second Annual Safe Schools Week"
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, Murphy second,
were approved by Council.
CLAIMS 7.� a
CLAIMS WERE APPROVED IN THE AMOUNT OF $2,091,885.77.
Council was apprised that Improvements in Lakeshore Village,
Unit No. 1 have been completed in substantial conformance with
the requirements of the Subdivision Development Agreement
,+ �` ,i
between the City of Lodi and Grupe Communities, Inc., dated
May 4, 1981 and an Agreement Addendum dated August 5, 1981,
C�J
and as specifically set forth in the plans and specifications
approved by the City Council.
The streets to be accepted are as follows:
STREETS LENGTH IN MILES
Kettleman Lane 0.00
Mills Avenue 0.38
Lakeshore Drive 0.22
Timberlake Circle 0.07
Sand Creek Drive 0.05
0.72
-1-
313
Continued October 27, 1982
ACCEPTANCE OF COUNCIL ADOPTED RESOLUTION NO. 82-118 ACCEPTING THE SUBDIVISION/
LAKESHORE VILLAGE DEVELOPMENT IMPROVEMENTS AND STREETS INCLUDED IN TRACT 14AP
IMPROVEMENTS NO. 1710 LAKESHORE VILLAGE UNIT NO. 1.
RES. NO. 82-118
Council was apprised that the contract for "Vine Street Paving,
East of Lower Sacramento Road, Houston Lake Paving, South of
Victor Road" was awarded to Claude C. Wood, Co. of Lodi on
September 1, 1982, in the amount of $31,481. The contract has
been completed in substantial conformance with the plans and
specifications approved by the City Council.
The contract completion date was October 16, 1982 and the actual
completion date is October 14, 1982. The final contract price
was $37,744.90. The difference between the contract amount
and the final contract price is due to an overrun in the base
rock quantities and excavation for correction of unstable
subgrade and an error in the amount of asphaltic concrete
specified.
ACCEPTANCE OF COUNCIL ACCEPTED THE IMPROVEMENTS IN "VINE STREET PAVING,
VINE STREET, EAST OF LOWER SACRAMENTO ROAD, HOUSTON LANE PAVING, SOUTH OF
HOUSTON LANE VICTOR ROAD" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE
PAVING A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE THERE-
ON.
HERE-
ON.
F' Council was apprised that the Contract for "Lodi Community
" Center Demoliton of Excess Building" was awarded to R. L.
Hunger Building and Wrecking of Stockton on May 19, 1982 at
no cost. The contract has been completed in substantial con-
formance with the plans and specifications approved by the
City Council.
The contract completion date was September 1, 1982 and the
actual completion date is October 6, 1982. The final contract
price was $-0-. The contractor did considerable extra work
which offsets any liquidated damages that might be due.
ACCEPTANCE OF
r IMPROVEMENTS,
J J
HUTCHINS ST.
CENTER
DEMOLITION
VARIOUS SPECS
APPROVED
PURCHASING
AGENT AUTHORIZ-
ED TO ADVERTISE
FOR BIDS
AGREEMENT WITH
r :V JAZZERCISE FOR
�y•` USE OF CITY
FACILITY
APPROVED
COUNCIL ACCEPTED THE IMPROVEMENTS IN "LODI COMMUNITY CENTER
DEMOLITION OF EXCESS BUILDING" AND DIRECTED THE PUBLIC WORKS
DIRECTOR TO FILE A NOTICE OF COMPLETION THEREON.
COUNCIL APPROVED THE FOLLOWING SPECIFICATIONS AND AUTHORIZED
THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON:
1) ANNUAL LANE LINE PAINTING AND REMOVAL OF MISCELLANOUS
PAVING MARKINGS.
2) UTILITY DEPARTMENT MEDIUM-SIZED PICKUP TRUCK.
3) A 15 -KW STANDBY GENERATOR SET.
4) NINE THREE-PHASE PADMOUNTED TRANSFORMERS.
5) A 3,000 LB. CAPACITY INDUSTRIAL LIFT TRUCK.
6) 192 WATTHOUR METERS.
7) FOUR 167 KVA SINGLE-PHASE SUBMERSIBLE TRANSFORMERS
8) 16,000 FEET OF 15 -KV KLP ALUMINUM CABLE.
COUNCIL APPROVED AN AGREEMENT WITH DEBI CHEINE, REPRESENTING
JAZZERCISE FOR THE USE OF THE HALE PARK BUILDING AT VARIOUS
TIMES AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
314
Continued October 27, 1982
Council was apprised that the Homestead Oaks Subdivision is
being developed by Bennett Development Incorporated. It is a
four -lot condominium subdivision located on the north side of
Murray Street west of Cherokee Lane. The developer is proposing
7 'o four residential units on each lot. The off-site improvements
are being installed under an encroachment permit and no
subdivision agreement is required. The map is being filed to
the requirements of condominium projects.
APPROVAL OF COUNCIL APPROVED THE FINAL SUBDIVISION MAP FOR HOMESTEAD OAKS
FINAL MAP FOR SUBDIVISION TRACT NO. 1685 AND DIRECTED THE CITY CLERK TO
HOMESTEAD OAKS EXECUTE THE SUBDIVISION MAP ON BEHALF OF THE CITY.
PUBLIC HEARINGS
Notice thereof having been published in accordance with law and
and an affidavit of publication being on file in the office of
i
the City Clerk, Mayor Reid called for the Public Hearing to
r
consider.the appeal of Mr. and Mrs. Jon S. Koehnen, 810 Denby
Way, Lodi, of the Lodi City Planning Commission's denial of
his request for a zoning variance to permit a 6 foot fence in
the required street side yard area at 810 Denby Way (i.e.
Lot 27, Burlington Manor) in an area zoned R-2, Single -Family
Residential.
The matter -was introduced by Community Development Director
James Schroeder; who presented diagrams of the subject area for
Council's perusal and responded to questions as were posed by
the Council.
Speaking on behalf of the appeal was Mr. Jon S. Koehnen, 810
Denby Way, Lodi. Mr. Koehnen indicated that he feels he needs
a 6 foot fence for reasons of security and indicated that he ;
--
had a petition signed by 13 neighbors stating they had no f
problems with the fence.
There being no other persons in the audience wishing to speak
on the matter, the public portion of the hearing was closed.
APPEAL OF
A lengthy discussion followed with questions being directed to
JON S. KOEHNEN
Staff and to Mr. Koehnen.
810 DENBY WAY,
LODI,
On motion of Councilman Pinkerton, Olson second, Council
CONDITIONALLY
determined that a "hardship" as defined in the City Code did
GRANTED
exist because 1) a privacy problem existed, and :2) a portion of the
fence had been constructed previously at the 6 foot height and
thereby granted the appeal of Mr. and Mrs. Jon S. Koehnen,
810 Denby Way, Lodi of the Lodi City Planning Commission's.
denial of his request for a zoning variance to permit a
6 foot fence in the required street side -yard area at that
address (i.e. Lot 27, Burlington Manor) in an area .zoned R-2,
Single -Family Residential by the following vote:
Ayes: Council Members - Murphy, Olson, and Pinkerton
Noes: Council Members - Snider and Reid (Mayor)
Absent: Council Members - None
Further, on motion of Mayor Pro Tempore Murphy, Pinkerton second,
Mr. Koehnen was directed by the Council to move the subject
fence back 3 feet in the area of the side garage door.
Council requested that a Shirt Sleeve Session be set aside in
the near future for review of the existing fence ordinance.
dlti
Continued October 27, 1982
';.PUBLIC HEARING Notice thereof having been published in accordance with law and
f RE CONSIDERATION an affidavit of publication being on file in the office of the
OF DECLARATION City Clark, Mayor Reid called for the Public Hearing regarding
OF SCHOOL the Declaration of Impaction dated September 7, 1982 by the Lodi
IMPACTION Unified School District Board of Trustees.
REPORT
CONTINUED TO On motion of Councilman Pinkerton, Murphy second, the Public
AFTER ELECTION Hearing was continued until after the election (to November
3, 1982 Council Meeting) for the outcome of Proposition 1 -
a $500 million State Bond Issue for elementary and high school
construction.
PLANNING
COMMISSION
REPORT Council was apprised that the report of the last Planning
Commission Meeting was not available at the time of this
meeting.
COMMUNICATIONS City Clerk Reimche reported that a letter had been received
from Pacific Gas and Electric Company regarding Application No.
J 82 09 51 requesting authorization effective December 1, 1982,
to decrease electric rates under the ECAC tariff. PG&E also
requests authority to establish an Electric Revenue Adjustment
Mechanism (ERAM) rate in accordance with Public Utilities
Commission Decision No. 93887.
PUC
APPLICATIONS City Clerk Reimche reported that a Notice had been received
n regarding Application No. 82-09-48 of Trailways, Inc. for
authority to increase one-way and round-trip intrastate
l passanger fares and express charges pursuant to Sections 454
and 491 of the Public Utilities Code. This notice is served
pursuant to Rule 24 of the Rules of Practice of the California
Public Utilities Commission.
' CLAIM On motion of Councilman Pinkerton, Murphy second, Council
` (G\ denied the Claim filed on behalf of Wilma Costello, DOL 4/25/82,
and referred the Claim to R. L. Kautz and Company, the City's
Contract Administrator.
ABC LICENSE
APPLICATIONS, City Clerk Reimche presented the following applications which
had been received for ABC Licenses:
J a) Bowser, Calvin M./Linda M.
Spear, Dana W.
Pacific Seafood
920 S. Cherokee Lane, Bldg. H
Lodi, CA 95240
Off sale beer and wine
b) Karunaratne, Nehil M.
Famous Pizza
1030 S. Hutchins St.
Lodi, CA 95240
On sale beer and wine eating place
c) Holland, James R.
Polk, Frank S.
219 E. Kettleman Lane
Lodi, CA 95240
Off sale beer and wine
d) Hummel, Doug W.
Medina, Cheryl A./Steve
The Replay Saloon and Eatery
920 - D South Cherokee Lane
Lodi, CA 95240_
On sale beer and wine eating place
-4-
3.1 F
Continued October 27, 1982
RESULTS OF City Clerk Reimche presented the following information from
1982 SUMUMER Utility Director David K. Curry regarding the results of the
PEAK -SHAVING 1982 Summer peak -shaving effort:
EFFORT
"We estimate that a total of 2,510 kw was shaved from projected
monthly peaks for the period June -September, 1982. This
- J i estimate is based on the temperature and other conditions
existing during the individual monthly peak demand periods.
Calculated at $6.719 per kw, the above savings amount to
$16,864.69. Based on the City's commitment to the Community
Center Project, 30% of the savings, or $5,059.41 is to be -
donated to that fund."
UNMET TRANSIT On motion of Mayor Reid, Murphy second, Council set the following
NEEDS PUBLIC
Public Hearings regarding unmet transit needs in the City of Lodi:
HEARINGS SET
1) 3:00 p.m. - November 17, 1982 - Hale Park Recreational
facility.
2) 8:00 p.m. - November 17, 1982 - Council Chambers - Regular
Council Meeting.
RES. URGING
Following introduction of the matter by Councilman Pinkerton,
REPEAL OF
Council, on motion of Councilman Pinkerton, Murphy second,
- DAVIS BACON
adopted Resolution No. 62-119 - Rosolution of the City Council
ACT
of the City of Lodi urging repeal of the Davis Bacon Act.
RES. NO.
82-119
City Clerk Reimche presented the following letter which had been
received from Mary Jo Williams, President, Leroy Nichols PTA
and Jerome Abatangle, Principal: --,
CROSSING GUARD
"Our P.T.A. has been watching with some concern our student
REQUEST AT
crossings on Highway 12. The traffic has increased considerably
HAM AND
and therefore pose a danger to our students. The Hutchins
HIGHWAY 12
crossing has a guard to walk the children, but still some danger
exists. Students are beginning to.use the Ham Lane and Highway
12 more as housing begins to develop in the western area of the
Beckman Ranch Subdivision. We feel that consideration should
be given to placing a crossing guard at that point also.
We urge you to consider the guard at the Ham Lane and Highway 12
crossing and reply to us as soon as possible."
With the tacit concurrence of the Council, Mayor Reid referred
the matter to Staff for investigation and information.
COMMENTS BY
CITY COUNCIL
MEMBERS
MARY JANE
Mayor Reid, with the concurrence of the Council, on motion of
BALLATORE
Council Member Snider, Olson second, appointed Mary Jane Ballatore
APPOINTED TO
to fill the unexpired three-year term of Kathleen Terra on the
LODI ARTS
Lodi Arts Commission.
COM:,LI SS ION
COMMENTS BY
Council received an informal proposal from Mr. J. Cope, "
THE PUBLIC
1012 Laurel Ave., Lodi, for draining, dredging, filtration, etc.
ON .ION
of Lodi Lake. Mr. Cope was asked to meet with the City Staff
AGENDA ITEMS
to review a prior study that had been made of the Lake.
REGULAR
CALENDAR
REPORTS OF
THE CITY
MANAGER
Council received information from Doug Fritz, President of the
Lodi Lions Club that one or more of the following members will
317
Continued October 27, 1932
be on-site supervisors during that Clubs workdays on the
Hutchins Lane Entrance Project: ,
Glen Baumbach Civil Engineer
Jim Jacobson Supervising Engineer,
W. M. Lyle Co.
C. L. Jones General Contractor
HUTCHINS STREET
Terry Piazza Civil Engineer
MEDIAN PROJECT
-
Joe Richards Electrical Contractor
Lewis Singer Building Contractor
Al Cross Police Department
Council again expressed its appreciation to the Lodi Lions
Club for their willingness to be an active part of this project.
Discussion followed regarding the project. No formal action
was taken by the Council on the matter.
Agenda item k-2 "Closing of City Parks during certain hours
was introduced by City Manager Glaves. A lengthy discussion
followed with questions being directed to the City Manager,
Staff, and the City Attorney.
CLOSING OF
On motion of Mayor Pro Tempore Murphy, Snider second, pursuant
CITY PARKS
to City of Lodi Code Section 15A-5, Council determined that
DURING CERTAIN
the following parks within the City shall be posted to close
HOURS
at 10:00 p.m.:
TWIN OAKS
-
CANDY CANE
4
BECKMAN
BLAKLEY
LEGION
VINEWOOD
CENTURY
VAN BUSKIRK
EMERSON
ENGLISH OAKS COMMON
AREA AND Agenda item k-3 "Request for extended parking in the lot behind
PARKING LIMITS the Senior Citizens Club was introduced by City Manager Glaves.
EXTENDED IN Additional information was provided by Public Works Director
PARKING LOT Ronsko and discussion followed.
'NO. 5
On motion of Council Member Snider, Murphy second, Council
RES. NO. adopted Resolution No. 82-120 extending the area and the
82-120 parking limits to five hour parking in a Section of Parking
Lot No. 5.
CROSSWALKS Council was apprised that Christy.Marion, 515 South Sacramento
ESTABLISHED ON Street, Lodi, has requested the installation of the crosswalk
r THE WEST SIDE at the west leg of the intersection as an aid to children
OF SACRAMENTO crossing from the north side of Tokay Street to a school bus
STREET ACROSS stop on the south side. The crosswalk on the south leg would
;_,•TOKAY STREET be used by pedestrians crossing from the residential area west
AND ON THE SOUTH of Sacramento Street to the grocery and other businesses east
)SIDE OF TOKAY of Sacramento Street. Council was apprised that Section 14-35
STREET ACROSS of the City Code establishes the City Council as the authority
SACRAMENTO for the installation.
STREET.
On motion of Council Member Olson, Snider second, Council adopted
RES. NO. 82-121 Resolution No. 82-121 establishing crosswalks on the west side
of Sacramento Street across Tokay Street, and on the south side
of Tokay Street across Sacramento Street.
-6-
318
Continued October 27, 1982
Council was apprised that street improvements will soon be
completed on Cluff Avenue between Lockeford Street and Turner
Road. Upon completion it is proposed that Cluff Avenue be
established as a through street from Highway 12 (Victor Road)
to Turner Road.
This proposal would require vehicles to stop for Cluff Avenue
at Black Diamond Way and Lockeford Street and, Cluff Avenue
traffic would stop for Turner Road and Highway 12.
STOP SIGNS
At the present time Cluff Avenue traffic stops for Lockeford
ESTABLISHED ON
Street and the stop signs there would be reversed to give the
.1) CLUFF AVE.
right of way to Cluff Avenue (the major traffic generating
AT TURNER &
Street). It is also felt that with the railroad tracks so
2) LOCKEFORD
close to Lockeford Street it is not wise to stop north bound
STREET AT
traffic because there could be possible conflict with trains.
CLUFF
r
Following discussion, with questions being directed to Staff,
RES. NO.
Council, on motion of Council Member Snider, Murphy second,
82-122
adopted Resolution No. 82-122 establishing stop signs on
1) Cluff Avenue at Turner Road and 2) Lockeford Street at
Cluff Avenue.
FUTURE STUDY
Council, following an inquiry by Council Member Olson, was
! 'SESSION TO BE
advised that the Public Works Department Speed Study recently
SCHEDULE FOR
completed will be reviewed by the Council shortly at a future
REVIEW OF SPEED
Shirt Sleeve (Informal Informational) Session.
STUDY
CITY ATTORNEY
City Clerk Reimche reported that the City Council of the City
GRANTED SALARY
of Lodi in action taken at a Closed Session held October 6, 1982
INCREASE
granted City Attorney Ron Stein a salary increase effective
October 1, 1982. Mr. Stein's new salary will be $3,300.00 per
month plus $150.00 per month automobile allowance. This action
carried by the following vote:
`
Ayes: Council Member - Olson, Pinkerton, Snider, and Reid (Mayo,
Noes: Council Member - Murphy
Absent: Council Member - None
ESCROW AGREE-
Following introduction of the matter, Council, on motion of
MENT WITH
Mayor Reid, Olson second, agreed in concept the establishing
PG&E APPROVED
of an escrow fund for the monies in dispute between the City
y ,
and PG&E resulting from the City's purchase of NW energy from
NCPA and side agreement with WAPA. The motion carried by
unanimous vote.
ORDINANCES
Ordinance No. 1273 entitled - "An Ordinance of the City Council
of the City of Lodi Authorizing the Issuance of Public Power
NCPA GEOTHERMAL
Revenue Bonds by Northern California Power Agency (Geothermal
GENERATING
Generating Project Number 3)" having been introduced at a
PROJECT NO. 3
regular meeting of the Council held October 6, 1982 was brought
up for passage on motion of Councilman Pinkerton, Murphy.second.
ORD. NOS.
Second reading was omitted after reading by title, and the
1273,1274,
Ordinance was then adopted and ordered to print by the following
1275 ADOPTED
vote:
Ayes: Council Members - Murphy, Olson, Pinkerton, Snider, and '
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Ordinance No. 1274 entitled - "An Ordinance of the City Council
of the City of Lodi Authorizing the Issuance of Notes by
Northern California Power Agency (Geothermal Generating Project
Number 3)" having been introduced at a regular meeting of the
Council held October 6, 1982 was brought up for passage en
motion of Mayor Pro Tempore Murphy, Snider second. Second
_ ........ _ ........... 319
Continued October 27, 1982
reading was omitted after reading by title, and the Ordinance
was then adopted and ordered to print by the following vote:
Ayes: Council Members - Olson, Murphy, Pinkerton, Snider, and
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Ordinance No. 1275 entitled - "An Ordinance of the City Council
of the City of Lodi authorizing the issuance of Public Power
Revenue Refunding Bonds by the Northern California Power Agency"
having been introduced at a regular meeting of the Council held
October 6, 1982 was brought up for passage on motion of Council
Member Olson, Murphy second. Second reading was omitted after
reading by title, and the Ordinance was then adopted and
ordered to print by the following vote:
CITY OF LODI Ordinance No. 1277 - entitled - "Ordinance adopting the City of
CAPITAL Lodi Capital Improvement Program, July 1, 1982 - December 31, 1983
IMPROVEMENT in the Amount of $4,326,000" having been introduced at a regular
PROGRAM meeting of the Council held October 6, 1982 was brought up for
JULY 1, 1982- passage on motion of Mayor Pro Tempore Murphy, Snider second.
DECEMBER 31, Second reading was omitted after reading by title, and the
1983 ADOPTED Ordinance was then adopted and ordered to print by the following
vote:
ORDINANCE NO.
1277 ADOPTED Ayes: Council Members -.Olson, Murphy, Pinkerton, Snider and
Reid (Mayor)
z ,
Noes: Council Members - None
Absent: Council Members - None
i
ADJOURNMENT There being no further business to come before the Council, Mayor
Reid adjourned the meeting at approximately 9:40 p.m.
Attest: /oeJJ
ALICE M_ REIb�E
City Clerk
Ayes: Council Members - Olson, Murphy, Pinkerton, Snider, and
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
AMENDMENT NO.
Ordinance No. 1276 entitled - "Ordinance of the City Council
Two TO MEMBER
of the City.of Lodi approving the terms and conditions of
AGREEMENT
amendment No. Two to the Member Agreement (Second Phase) for
(SECOND PHASE)
Financing and Development Activities of the Shell East Block
APPROVED
Geothermal Project Between Northern California Power Agency
and Certain Participating.Members, and Authorizing the Execution
ORDINANCE NO.
of and Delivery of said Amendment by Officers of the City of
1276 ADOPTED
Lodi" having been introduced at a regular meeting of the
L,
Council held October 6, 1982 was brought up for passage on motion
`.
of Mayor Pro Tempore Murphy, Reid second. Second reading was
�i101
omitted after reading by title, and the Ordinance was then
P
adopted and ordered to print by the following vote:
Ayes: Council Members - Olson, Murphy, Pinkerton, Snider, and
Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
CITY OF LODI Ordinance No. 1277 - entitled - "Ordinance adopting the City of
CAPITAL Lodi Capital Improvement Program, July 1, 1982 - December 31, 1983
IMPROVEMENT in the Amount of $4,326,000" having been introduced at a regular
PROGRAM meeting of the Council held October 6, 1982 was brought up for
JULY 1, 1982- passage on motion of Mayor Pro Tempore Murphy, Snider second.
DECEMBER 31, Second reading was omitted after reading by title, and the
1983 ADOPTED Ordinance was then adopted and ordered to print by the following
vote:
ORDINANCE NO.
1277 ADOPTED Ayes: Council Members -.Olson, Murphy, Pinkerton, Snider and
Reid (Mayor)
z ,
Noes: Council Members - None
Absent: Council Members - None
i
ADJOURNMENT There being no further business to come before the Council, Mayor
Reid adjourned the meeting at approximately 9:40 p.m.
Attest: /oeJJ
ALICE M_ REIb�E
City Clerk