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HomeMy WebLinkAboutMinutes - November 3, 1982320 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS NOVEMBER 3, 1982 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, November 3, 1982 in the City Hall Council Chambers. ROLL CALL Present: Council Member - Murphy, Olson, Pinkerton, Snider, and Reid (Mayor) Absent: Council Member - None Also Present: City Manager Glaves, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Reverend Jim Holm, Vinewood Community Church PLEDGE The Pledge of Allegiance was led by Mayor Reid PRESENTATIONS The Mayor read and presented the following Proclamations: r' a) Proclamation expressing this Community's appreciation to retiring District Attorney Joseph H. Baker b) Proclamation proclaiming "Marching Band Week" - November 1 - 7, 1982 c) Proclamation proclaiming "Family Week" - Week of November 21, 1982 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 Council Member Pinkerton, Murphy second, were approved by the Council. CLAIMS nn = `7J CLAIMS WERE APPROVED IN THE AMOUNT OF $493,781.38 MINUTES The minutes of October 6, 1982 were approved as written. City Manager Glaves presented the following bids which had been received for Laboratory Expansion - White Slough Water Pollution Control Plant: BIDDER BASE BID C. Edward Jones & Co., Inc. $ 84,664 Nomellini Construction 91,888 Ted A. Molfino, Builder 92,411 Modern Engineering 94,700 Norman Chambers & Sons, Inc. 99,892 Richard A. McGee Contractor 106,058 AWARD - CONTRACT � FOR LABORATORY A EXPANSION W.S.W.P.C.F Following recommendation of the City Manager, Council adopted A. + the following resolution: RES. NO. 82-123 RESOLUTION NO. 82-123 RESOLUTION AWARDING THE CONTRACT FOR "LABORATORY EXPANSION - WHITE SLOUGH WATER POLLUTION CONTROL FACILITY" TO C. EDWARD JONES AND COMPANY, THE LOW BIDDER, IN THE AMOUNT OF $84,664, THE BASE BID. - ............ _.. .... _ 321 Continued November 3, 1982 AGENDA ITEM e REMOVED FROM Agenda Item "e" - 1D - Award - "Tractor/Loader" was removed CONSENT CALENDAR from the Consent Calendar. .)BIDS REJECTED -( FOR TRACTOR/ LOADER Following introduction of the matter by Staff in which Council was apprised of the inadequacies of the bids received and questions being posed by Council, on motion of Councilman PURCHASING Pinkerton, Murphy second, Council rejected all bids that AGENT AUTHORIZED had been received for the Tractor/Loader. Further, on motion TO READVERTISE of Mayor Pro Tempore Murphy, Olson second, Council authorized FOR BIDS the Purchasing Agent to readvertise for bids thereon. PUBLIC HEARINGS Notice thereof having been published and an affidavit of publication being on file in the office of the City Clerk, CONSIDERATION OF Mayor Reid called for the continued Public Hearing regarding DECLARATION OF the L.U.S.D. Declaration of Impaction dated September 7, 1982. IMPACTION DATED 9/7/82 BY LUSD The matter was introduced by .City Manager Glaves. Councilman Pinkerton suggested that Mayor Reid and Council Member Snider 1 l t could have a conflict of interest inasmuch as their wives are teachers for the Lodi Unified School District. Both Mayor Reid and Council Member Snider stepped down from their Council seats thereby abstaining from the discussion and voting on this matter. Mayor Pro Tempore Murphy chaired this portion of the meeting. Councilman Pinkerton then asked City Attorney Stein to give a report of Proposition 1 and the impact of its recent passage. Following Mr. Stein's report, the hearing was opened to the floor. Speaking on behalf of the Lodi Unified School District was Facility Planner, Mary Joan Starr. Ms. Starr asked that the "bedroom tax" be continued for 1982-83 and gave an overview of the 1982-83 Declaration of Impaction Report. Ms. Starr further requested that the fee be raised to $260.00 per bedroom on residential units. Also addressing the Council on the matter was John Vatsula, President of the Board of Education. A very lengthy discussion followed with questions being directed to Ms. Starr, Mr. Vatsula, and to Staff. Ms. Starr and Mr. Vatsula attempted to point out that it would be a couple of years until the benefits of Proposition 1 would have any affect on the problem of Impaction. Additional discussion followed. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Councilman Pinkerton indicated that it is his belief that those persons who will be paying bedroom tax really are being discriminated against. Following additional discussion with questions being directed to Staff and to the City Attorney, Council, on motion of Councilman Pinkerton determined that the School District had not used "reasonable methods for mitigating conditions of overcrowding" i.e. the use of available bond or state loan revenues to the extent authorized by law as set forth in City of Lodi Ordinance No. 1129 and therefore determined not to collect the bedroom tax effective this date. The motion was seconded by Mayor Pro Tempore Murphy and carried by the following 323 continued November 3, 1982 vote: Ayes: Council Members - Pinkerton and Murphy Noes: Council Members - Olson Abstain: Council Members - Snider and Reid Absent: Council Members - None Following this action, the City Attorney was directed to check with the Fair Political Practices Commission to ascertain if in fact there is a Conflict of Interest by Council Members whose spouses are employed by the Lodi Unified School District. RECESS A recess was declared and the City Council reconvened at approximately 9:20 p.m. PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of October 25, 1982: The Planning Commission - 1. Recommended that the following amendments.be made to the Specific Plan of Lower Sacramento Road between Kettleman Lane and Lodi Avenue: a) that Tokay Street be shown on the west side of Lower Sacramento Road with a right-of-way width of 55 feet; b) that a statement be added to the plan that indicates the approved center median openings at this time are Kettleman Lane, Vine Street and Lodi Avenue; c) that the sidewalk dimension of 10 feet be revised to 5 feet in residential areas and 7 feet in commercial, .institutional and reverse frontage single-family residential; d) that the following statement be added to note No. 3 on the Specific Plan: "Fencing at right-of-way will be adjacent to only reverse frontage single-family residential development;" e) that "Denied Access" in the legend be changed to read "Denied Vehicular Access"; and f) that the following comment be added to the Specific Plan: "Fencing and corner cutoffs at intersections .shall be approved by the Public Works Department." PROPOSED AMENDMENTS On motion of Mayor Pro Tempore Murphy, Snider second, TO SPECIFIC PLAN Council set the heretofore listed matter for Public OF LOWER SACRAMENTO Hearing on November 17, 1982 at 8:00 p.m. ROAD SET FOR PUBLIC HEARING The Planning Commission also - I ITEMS OF 1. Approved the request of Rodney B. Rosa` for Use Permit INTEREST No. U-82-25 to permit the operation of an electronic games center at 305 West Lockeford Street, (i.e. northwest corner of Lockeford Street and Pleasant Avenue) in an area zoned c-2, General Commercial. 2. Recommended that the San Joaquin County Planning Commission approve the request of Raymond Greer Construction Company on behalf of Allstate Packers to rezone property from GA -40, general agriculture and M-1, limited industrial to M-2, heavy industrial, located on the north side of East Pine Street, east of California Traction Company right-of-way (i.3. 6011 East Pine Street). d6.5 Continued November 3, 1982 COMMUNICATIONS CITY CLERK City Clerk Reimche presented an Order Instituting Investigation _ for the purpose of establishing a list for the fiscal year 1983-84 of existing and proposed crossings at grade of city streets, county roads or state highways most urgently in need of separation, or projects effecting the elimination of grade PUC ORDER crossings removal rrelocation fexisting INSTITUTING ITUTIING separationsyinncontempla- INVESTIGATION ted by Sections 2452 of the Streets and Highways Code. PUC NOTICE City Clerk Reimche presented a Notice of the Pacific Telephone REGARDING PT&T and Telegraph Company's application to increase and reduce APPLICATION rates and establish new rates and of a public witness hearing. ABC LICENSE APPLICATIONS City Clerk Reimche presented the following applications for Alcoholic Beverage Licenses: . a) USA Petroleum Corporation USA #65 2500 West Lodi Avenue Lodi, CA 95240 Off sale beer and wine b) Cherokee Liquors and Deli James A. McCarty 220 North Cherokee Lane Lodi, CA 95240 Off Sale General COMMENTS BY CITY COUNCIL MEMBERS Mayor Reid, with the concurrence of the City Council, on motion 1!5n, of Mayor Pro Tempore Murphy, Snider second, made the following appointments to the Transportation Productivity Committee, which committe will be making recommendations prior to the November 17, 1982 Unmet Transit Needs Hearings in Lodi: TRANSPORTATION Management - Assistant City Manager Jerry Glenn PRODUCTIVITY COMMITTEE Public - Shirley Klein - Loel Center MEMBERS NAMED Labor - Rae Margrave, City Cab Company or her designee RES. URGING Following introduction of the matter by Council Member Randy LIMITATION ON Snider, Council, on motion of Mayor Pro Tempore Murphy, Reid INDIVIDUAL AND second, adopted Resolution No. 82-124. Resolution of the City 7I SPECIAL INTEREST Council of the City of Lodi urging limitation on individual +� GROUP CAMPAIGN and special interest group campaign contributions and urging CC CONTRIBUTIONS regulations baring the use of "Hit Mail" during the election AND URGING process. The City Clerk was directed to forward copies of the REGULATIONS subject resolution to the League of California Cities for BARING THE consideration in that body's resolution process, to FPPC and USE OF "HIT to Federal and State legislators. MAIL" DURING THE ELECTION PROCESS RES. NO. 82-124 L� COMMENTS BY THE City Manager Glaves was asked to schedule a Shirtsleeve Session PUBLIC ON (Informal Informational Meeting) to hear presentation by ,`r�r ✓ NON AGENDA ITEMS Mr. John Cope, 1012 Laurel Avenue, Lodi, regarding Lodi Lake. REGULAR CALENDAR v i FIRM OF RALPH Following introduction of the matter by City Manager Glaves, ANDERSON AND Council, on motion of Councilman Pinkerton, Olson second, i ASSOCIATES RE- authorized retaining the firm of Ralph Anderson and Associates TAINED TO PERFORM to perform a Classification Study. CITY CLASSIFICA- TION STUDY -4- 324 Continued November 3, 1982 PUBLIC HEARING Following introduction of the matter by City Attorney Stein, SET TO CONSIDER Council, on motion of Councilman Pinkerton, Murphy second, PROPOSED ORD- set a Public Hearing for 8:00 p.m. November 17, 1982 to 1 INANCE LEGALIZ- consider a proposed Ordinance legalizing Bingo in the City of ING BINGO IN THE Lodi as authorized by State Law. CITY OF LODI CLOSED SESSION At approximately 9:30 p.m., Council -met in a Closed Session to discuss matters of possible litigation. The audience was apprised that the meeting would adjourn immediately following _ the Closed Session. Attest: ALICE M. R�IMCHE City Clerk - S-