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HomeMy WebLinkAboutMinutes - February 18, 1981356 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS February 18, 1981 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, February 18, 1981 in the City Hall Council Chambers. ROLL CALL INVOCATION PROCLAMATIONS l � . PLANNING COMMISSION AMENDMENTS TO CITY'S CONDOMINIUM CONVERSION ORDINANCE LAND USE. ELEMENT OR GENERAL PLAN AND REZONING 515 - 721 W. KETTLEMAN LANE AND 1336 SOUTH CRESCENT AVENUE Present: Councilmen - Hughes, McCarty, Murphy, and Katnich (Mayor) Absent: Councilmen - Pinkerton Al so Present: Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche The invocation was given by Chaplain Wayne Kildall, Center of Hope. Mayor Katnich presented the following procla- mations: "Engineer's Week" - received by Steve Lake, George Revoir, and Glen Baumbach "Center of Hope Week" - Received by Chaplain Kildall Assistant City Manager Glenn gave the following report of the Planning Commission Meeting of February 9, 1981: The Planning Commission - Recommended amendments to the City's Condominium Conversion Ordinance which will bring it in to conformance with recent changes in the State law. Council was apprised that this matter will be discussed under item "h" of this meeting's agenda. The Planning Commission a) Recommended approval of the request of Chris Katopothis et al to amend the Land Use Element of the General Plan by redesignating 515-721 West Kettleman Lane and 1336 South Crescent Avenue from Medium Density Resi- dential to Office -Institutional. b) Recommended approval of the request of Chris Katopothis, et al to rezone 515-721 West Kettleman Lane and 1336 South Crescent Avenue from R -MD, Medium Density Multiple Family Residential to R -C -P. Residential, Commercial, '.... Professional. c) Certified the filing of a Negative Declaration by the Community Development Director on the above requests of Chris Katopothis, et al as adequate environmental documentation. On motion of Mayor Pro Tempore McCarty, Murphy second, items "a, b, and c", heretofore set 357 Continued February 18, 1981 forth were set for public hearing on March 4, 1981 at 8:00 p.m. The Planning Commission also - ITEMS OF 1. Approved the request of Max Stone to extend INTEREST the expiration date of the Tentative Map of Lakewood Mall until September 24, 1982. 2. Conditionally approved the.Revised Tentative Map of Lake Shore Village, Unit #1 which is located on the south side of West Kettle - man Lane, west of the Woodbridge Irrigation - District right-of-way. 3. Took no action on the referral by the San Joaquin County Planning Commission to rezone 4+ acres located between Thornton Road and Interstate 5, 800 feet south of State Route 12 from GA -5, General Agriculture to H-5, Highway Service. 4. Took no action on the referral by the San Joaquin County Planning Commission of the request of Spink Corporation on behalf of William L. Miller for a Use Permit to develop a commercial -recreational complex on the north side of Liberty Road between State Route 99 and Lower Sacramento Road. COMMUNICATIONS City Clerk Reimche presented a letter dated February 10, 1981 from the Lodi Ambulance LODI AMBULANCE Service requesting a rate increase. SERVICE REQUESTS RATE INCREASE Following a lengthy Council discussion with '_'questions being directed to Mr. Perry D. Schimke, Controller of the Company, Mayor Katnich asked that Mayor Pro Tempore McCarty meet with repre- sentatives of the Company regarding their request and report back to the Council at its next regular meeting (March 4, 1981) regarding this matter. CHANGES RE City Clerk Reimche presented a letter which had SAN JOAQUIN been received from the San Joaquin Local Health LOCAL HEALTH District regarding proposed changes in rules DISTRICT and regulations for the implementation of en - SERVICES_& vironmental health fees and service charges. FEES _`�- Copies of the proposed fees were presented for Council's perusal. 1970-80 The City Clerk presented a reply which had been AUDIT i received regarding the Council's inquiry addressed to David T. Christensen of Ernst and Whinney regarding the delay in receiving the F.Y. 1979-80 Audit. Council was also apprised that the Management Letter for this Audit had just been received and it was presented to Council for review. At the direction of Mayor Katnich, the City Clerk was asked to agenda this item for the February 24, 1981 Informal Informa- tional Meeting of the Council. -2- Continued February 18, 1981 MEETING RE The City Clerk presented a letter which had been SCHOOL IMPACTION received from San Joaquin County Supervisor George Barber asking that the City send a representative to attend the February 23, 1981 meeting on School Impaction to be held at 3:00 r p.m. in the Chambers of the Board of Supervisors on Monday, February 23, 1981. Mayor Katnich indicated that Councilman Robert Murphy would represent the Council at this meeting and asked the City Clerk to advise Supervisor Barber of this fact. ABC LICENSE - An application for Alcoholic Beverage License was presented which had been received on behalf of Ruthwan Ashaif and Fuad Bu Mura, Lodi Avenue _ Liquors - Off -Sale General License - Person to Person transfer. LETTER RECEIVED The City Clerk presented a letter from a citizen OPPOSING BUS requesting that they not be named, opposing the SERVICE proposed fixed route bus service within the City of Lodi. Mayor Pro Tempore McCarty addressed the Council concerning the matter, indicating that it was not the Council's intent to do away with Dial -A -Ride and responding to other points made in the letter. PUC APPLICATION Council was apprised that the City was in receipt of PUC Application No. 60225 - Pacific Gas and Electric Company requesting authorization to increase their electric rates and charges related to energy costs effective April 1, 1981. Staff responded to questions concerning this item as were posed by Councilman Murphy. REQUEST FOR The City Clerk presented a letter which had 4 -WAY STOP been received from Robert B. Sternfels of Bainbridge AT INTERSECTION and Sternfels on behalf of the Tokay Professional OF WEST TOKAY Building, requesting that a four-way stop intersection be established at the intersection of West Tokay and Fairmont Street. Mayor Katnich referred the matter to Public Works for investi- gation and report. LETTER RECEIVED City Clerk Reimche presented a copy of a letter RE THE ANNEXATION written by C.M. Sullivan Of Litts, Mullen et a1 OF BATCH ADDITION and addressed to the Local Agency Formation Commission advising that application is hereby " made pursuant to Government Code Section 56275 for reconsideration of the action taker. by LAFCO in Resolution No. 493, disapproving the Batch reorganization. The letter goes on to say that"we request that the Commission at its next meeting, delay action on this request until some convenient time after the meeting scheduled to explore ways to solve overcrowding in the Lodi Unified School District". The reasons for this application were listed in detail. COMMENTS BY Mayor Pro Tempore McCarty asked if any additional CITY COUNCILMEN information had been received from "our" legislators regarding the American River and was advised nothing further had been received. m Continued February 18, 1981 TERMINATION OF Following introduction of the matter by Councilman MULTI-LINGUAL Robert Murphy, the City Clerk was directed to VOTING correspond with Federal Legislators requesting REQUIREMENTS the termination of multi-lingual voting require - URGED ments as mandated under the 1975 Amendments to the Voting Rights Act on motion of Councilman Murphy, Hughes second. The motion carried by unanimous vote. REPORTS OF THE In accordance with report and recommendation CITY MANAGER of the City Manager, the following actions hereby set forth between asterisks, on motion of Mayor Pro Tempore McCarty, Murphy second, were approved by Council: CONSENT CALENDAR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,800,573.29. ACCEPTANCE OF Council was apprised that the Development improve - 203 HOUSTON ments at 203 Houston Lane have been completed LANE DEVELOPMENT in substantial conformance with the require- ments of the Development Agreement between the RES. NO. 81-17 City of Lodi and Alton and Dione Brinlee, dated February 18, 1981 and as specifically set forth ,- in the plans and specifications approved by the �- City Council. On recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 81-17 RESOLUTION ACCEPTING THE IMPROVEMENTS AND STREET AT 203 HOUSTON LANE ACCEPTANCE OF Council was apprised that the contract for "Well "WELL #19 PUMP n19 Pump and Motor" which had been awarded to & MOTOR" Western Well Drilling of San Jose on October 27, 1980 in the amount of $21,335.00 has been completed in substantial conformance with the plans and specifications approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "WELL 19 PUMP AND MOTOR" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. PLANS AND SPECS The plans and specifications for "Well 19 Site FOR WELL 19 SITE Improvements" were presented for Council's IMPROVEMENTS perusal. In general, the work consists of APPROVED constructing approximately 200 lineal feet of wall, commercial driveway and necessary storm - drain facilities. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "WELL 419 SITE IMPROVEMENTS" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. -4- 360 : Continued February 18, 1981 PROGRAM Council was informed that in order to properly SUPPLEMENT TO protect traffic on Lodi Avenue, it was determined CITY/STATE that it would be necessary to install an inter - AGREEMENT connection between the signals at the Southern REGARDING LODI Pacific Railroad Tracks and the California Trac - AVENUE RAILROAD tion Company tracks. The City will be responsible CROSSING for 10% of the cost of this interconnection, - PROTECTION and TDA Funds have been allocated to match APPROVED the Federal Funds needed for this project. It is estimated that the City's portion will be RES. NO. 81-18 $2,225. On recommendation of the City Manager, Council adopted the following resolution: ,- RESOLUTION NO. 81-18 RESOLUTION APPROVING THE SUPPLEMENT TO THE CITY/ STATE AGREEMENT REGARDING LODI AVENUE RAILROAD CROSSING PROTECTION AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBJECT AGREEMENT ON BEHALF OF THE CITY Council was apprised that approximately one year ago, Mr. Don L. Carpenter filed a parcel map with one of the conditions being the improve- ment of Church Street adjacent thereto. Mr. Carpenter placed a bond with the City guarantee- ing these improvements with the expectation that the property in the general area would be improved during the summer of 1980. The Lodi South Subdivision did not materialize, nor did the improvement of any other property in the area. If Mr. Carpenter installed curb and gutter, it would not only be expensive, but would create a drainage problem. For these reasons, Staff recommended that Mr. Carpenter be allowed to enter into an agreement with the City guaranteeing the improvements without bond, similar to several other agreements approved recently where development of_one parcel was not deemed in the best interest of the City. AGREEMENT - 1904 COUNCIL APPROVED AN AGREEMENT BETWEEN THE CITY S. CHURCH STREET, OF LODI AND DON L. CARPENTER FOR THE IMPROVEMENT LODI APPROVED OF HIS PARCEL AT 1904 S. CHURCH STREET AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY REQUEST FOR Council received a letter which had been addressed LOADING ZONE to the Public Works Department from Reverend GROSS Oscar Gross, Administrator, Gross Convalescent CONVALESCENT Hospital requesting a permit for a loading zone at HOME 321 W. Turner Road in front of the convalescent hospital permitting delivery of supplies to the facility uninterrupted by other vehicles which are using their space for their parking needs. Heavy semi -trucks are ofter causing a complete block to viewing from inside the dining and living rooms. Photo prints depicting the problem were presented for Council's perusal. It was Staff's recommendation that the request be denied as Staff indicated that it appears that adequate room for offsite loading of supplies for the rest home is available onsite, and the installation of a loading zone will preclude the use of this street frontage by visitors and other in the area for 24 hours a day when the apparent benefit to the rest home is marginal. 361 Continued February 18, 1981 Historically, according to Staff, the City has attempted to limit loading zones, particularly for single use areas, partly because of the precedence setting of such approvals. It is realized that the view problem is one the City has in many areas of town on occasion, but controll- ing it with a loading zone seems a misuse. The public street is for public use and while parking of commercial vehicles in the area may be detrimental to the rest home on occasion, the establishment of numerous loading zones to be even more detrimental to the public as a whole. SPECIAL Council was apprised that the Carnegie Library ALLOCATION FOR Site which does not have an automatic sprinkler AUTOMATIC system was maintained by the Parks and Recreation SPRINKLER Department, watering the grounds was accomplished SYSTEM by the custodian assigned to the Library. In FOR CARNEGIE 1979 the City Hall Complex grounds, which includes LIBRARY the Carnegie Library Site, were contracted for APPROVED A very lengthy discussion followed with questions being directed to Staff and to Reverend Gross who was in the audience and who addressed the Council concerning his request. Council tacitly concurred to defer action on this item to allow time for Staff to further investi- gate the matter and to contact trucking companies within the area asking for their cooperation in resolving this problem. ORD. AMENDING Following introduction of the matter by City CITY'S Attorney Stein, on motion of Councilman Hughes, CONDOMINIUM Murphy second, Council introduced Ordinance No. CONVERSION ORD. 1222 amending the City's Condominium Conversion Ordinance, bringing the ordinance into conformance ORD. NO. 1222 with recent changes in the State law. The motion INTRO. <, :,, carried by unanimous vote. SALAS PARK' Council was reminded that it had at the February SPRINKLERS 4, 1981 meeting approved payment of $29,031.52 & TURFING for material purchased under the Salas Park CONTRACT Sprinklers and Turfing Contract because of the delay in allowing the contractor to start work. The actual cost of the materials is $40,801.72, but because of an arithmetical error by the contractor and a transposition error, approval was requested only for $29,031.52. On motion of Councilman Murphy, McCarty second, Council approved an additional purchase of supplies from Nor Mac, Inc., for the Salas Park Sprinklers and Turfing Contract in the amount of $40,801.72 in lieu of the $29,031.52 approved earlier. AMENDED FEE It was reported that the Ad Hoc Committee SCHEDULES APPROVED consisting of Mayor Katnich, Mayor Pro Tempore FOR RECREATION McCarty and Parks and Recreation Department DEPARTMENT Director DeBenedetti had met and reviewed suggested increases in softball and basketball entry fees RES. NO. 81-15 for 1981, which was recommended by the Commission for Recreation and Parks. Mayor Pro Tempore McCarty addressed the Council regarding the various programs and the fee schedule being proposed. On motion of Councilman Hughes, Murphy second, Council adopted Resolution No. 81-15 adopting an amended fee schedule for softball and basket- ball entry fees for 1981 as presented. SPECIAL Council was apprised that the Carnegie Library ALLOCATION FOR Site which does not have an automatic sprinkler AUTOMATIC system was maintained by the Parks and Recreation SPRINKLER Department, watering the grounds was accomplished SYSTEM by the custodian assigned to the Library. In FOR CARNEGIE 1979 the City Hall Complex grounds, which includes LIBRARY the Carnegie Library Site, were contracted for APPROVED 362 Continued February 18, 1981 maintenance. The City's maintenance contractor is not responsible for watering of the grounds. The manual watering is currently being done by Public Works Personnel and is costing approxi- mately $800 - $1,000 per year. Following discussion, on motion of Mayor Pro Tempore McCarty, Murphy second, Council approved a r Special Allocation in the amount of $2150.00 ! for conversion of the Carnegie Library manual sprinkler system to automatic sprinkler system. PRIORITY PLAN Assistant City Manager Glenn reported that a FOR EXPENDITURE letter had been received from Gene W. Anda1, UNDER PROVISIONS Director, Department of Parks and Recreation, OF CALIFORNIA San Joaquin County advising that pursuant to PARKLANDS ACT the meeting on February 4, 1981 regarding the OF 1980 method of distributing Proposition 1 (1980 Park APPROVED. Bond Act) funds, the City representatives in attendance generally approved what was described RES. NO. 81-16 as the "1976 Method" used in the 1976 Park Bond Act which would allow for - 1) A minimum of $25,000 to each Ripon and Escalon 2) The County's population would be based on the unincorporated population within the COUNTY -WIDE County. AUTOMATED 3) The cities and the County would receive WARRANT SYSTEM funds on a per capita basis according to PARTICIPATION the 1980 population census figures. Under this method of distribution, each agency would receive the following amounts: City of Stockton $481,687.24 (43.66%) County of San Joaquin 360,879.29 (32.71%) City of Lodi 117,056.84 (10.61%) City of Manteca 82,634.85 ( 7.49%) City of Tracy 61,010.78 ( 5.53%) City of Escalon 25,000.00 City of Ripon 25,000.00 TOTAL $1,153,269.00 Following Council discussion, Council, on motion of Councilman Murphy, Katnich second, adopted Resolution No. 81-16, approving the Priority Plan for Expenditure Under Provision of the California Parklands Act of 1980 as heretofore set forth. COUNTY -WIDE Council was apprised that a county -wide warrant AUTOMATED system to provide an automated repository for WARRANT SYSTEM arrest warrants has been developed by the PARTICIPATION County Clerk's Office and the County Data I APPROVED Processing staff. This project primarily �. funded through an LEAA Grant is available to _ all courts and law enforcement agencies in San Joaquin County. The County -wide Warrant System would provide for a logical and systematic flow of events from.the input of the warrant, through storage and random accessing, and finally to the clearance of the warrant. The basic components of the system include the following: 363 Continued February 18, 1981 a) On-line input of local and foreign warrants b) On-line inquiry capability c) On-line control and issuance of abstracts d) Maintenance of records for attempted service e) Off-line reports of warrants f) Statistical reporting g) Clearance of Warrant The projected date of implementation would not be until after F.Y. 82. Following discussion, on motion of Councilman Hughes, McCarty second, Council approved the City's participation in the County -Wide Automated Warrant System. ADJOURNMENT There being no further business to come before the Council, Mayor Katnich adjourned the meeting at approximately 9:35 p.m. Attest: AL CI E M. REIMCHE {� City Clerk C� -8-