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.
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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
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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.
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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�
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