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HomeMy WebLinkAboutMinutes - May 6, 1981404 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS May 6, 1981 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, May 6, 1981 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (arrived 10:00 p.m.), Katnich, Murphy, Pinkerton, and McCarty (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Develop- ment Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Reverend Don Mulvihill, English Oaks Adventist Church PLEDGE OF Mayor McCarty led the Pledge of Allegiance to ALLEGIANCE the flag. PROCLAMATIONS Mayor McCarty presented the following Pro- clamations: a) "Small Business Week" b) "Nursing Home week" c) "Sale of Buddy Poppies" Mayor McCarty also acknowledged "Hire a Veteran Week", the "Youth Fair" recently held in Stockton, and the recent "Lodi Industrial Open House". PUBLIC HEARING Notice thereof having been published in accordance RE CHURCH STREET with law and affidavit of publication being on IMPROVEMENTS, file in the office of the City Clerk, Mayor LOCKEFORD TO McCarty called for the Public Hearing to receive TURNER ROAD comments on the proposed Negative Declaration and Project Alternates Regarding Church Street Improvements, Lockeford to Turner Road. The matter was introduced by Associate Civil Engineer Richard Prima. The following infor- mation regarding the proposed Church Street Reconstruction, including diagrams of the subject area was presented to Council. CHURCH STREET RECONSTRUCTION Environmental Assessment PROJECT DESCRIPTION The project, known as the Church Street Reconstruc- tion, is located on the section of North Church Street between Turner Road and Lockeford Street. The purpose of the project is to improve traffic -1- 405 Continued May 6, 1981 safety and flow by widening and reconstructing the street. As a part of the project, storm drainage facilities will be upgraded, fire hydrants and utility power lines will be relo- cated as necessary and curb, gutters and side- walks will be relocated and reconstructed entirely or in part. Church Street is a major north -south arterial in the City of Lodi. It is one of the few continuous north -south streets from Turner Road on the north to Century Boulevard on the south. The pavement, curb and gutter in the project area are in very poor condition and require a high level of maintenance. The flow of traffic is impeded by the narrow travel lanes. Currently, the street in the project area has a curb -to -curb width that varies from 40 to 56 feet with two travel lanes and on -street parking on both sides of the street. Along much of the street there currently are planter strips with a width of 2 to 4 feet. These planters contain trees and shrubs of varying sizes. The proposed project would retain the existing 60 foot wide right-of-way. No additional property would be required. The paved street would be widened to provide a 48 -foot curb -to - curb distance. This would allow two 14 -foot travel lanes and 10 -foot parking lanes on both sides of the street. This would be achieved by eliminating the planter strips and relocating the existing curb, gutter and sidewalks. This width is recommended in the City's Street Master Plan (Faustman Report). ENVIRONMENTAL ASSESSMENT As noted in the Initial Study, potential sig- nificant environmental effects were narrowed to four specific areas. Those are air quality, noise, negative aesthetic effect, and change in traffic patterns. Each of these points was examined for this study. - Traffic Patterns. Current traffic volumes are approximately 4,000 vehicle trips per day. The Faustman Report predicts an increase to 6,760 vehicle trips per day by 1995. The increase is expected to occur whether or not the proposed project is constructed. The street reconstruction should not significantly effect traffic patterns except to make the traffic move more safely and smoothly. There will be some disruption of normal traffic during construction. Paving will be removed and work will be done on curbs and sidewalks, possibly restricting driveway access and on -street parking. There will also be some additional noise and dust from construction activities. 406 Continued May 6, 1981 These impacts will be temporary in nature. The inconvenience to neighborhood residents can be minimized by coordinating construction activities with affected homeowners and keeping them informed on what is going to take place. The construction area should be sprinkled continually to reduce dust problems. Traffic barriers and direc- tional signs should be clearly posted. Air Quality. Although there may be some increase in traffic volume, it is not expected that this will increase vehicle related air pollution. Air quality is a regional phenomenon which is not sig- nificantly affected by a slight traffic increase at a single location. In general, the overall vehicle related air quality for the Lodi region will probably improve as a greater percentage of motor vehicles are equipped with emission control devices. Noise. Ambient noise levels are usually a function of traffic noise. Based on field measurements and calculations made in August, 1979, the average Leq noise level at 47 feet from the center line of the street is 56 to 57 decibles. with the increase in traffic volume the predicted Leq ambient noise level measurement will be 58-59 decibles. This is still within the acceptable noise range for residential exteriors. The change in exterior noise levels due to traffic would result regardless of whether or not the project was constructed. The traffic increase will occur largely because of the new construction currently underway along Turner Road. The proposed street improvement could help the noise problem to some degree by improving the flow of traffic along Church Street. Smoothly flowing traffic produces a lower level of noise than traffic that must constantly change speeds. - Aesthetics. The proposed project would require the removal of the existing planter strips along both sides of the street. These planters currently contain approximately 22 trees of varying sizes. These trees would be removed or relocated. This would effect the appearance of the street. The removal of the street trees can be partially mitigated by replacing the existing trees with new trees once the project is completed. Since there would no longer be a planter strip, the trees could be placed in the front yards of the houses if this was requested by the residents. The City could assist the residents with the selection and planting of the trees. -3- Continued May 6, 1981 FINDING 407 It is the finding of the City of Lodi that the Church Street Reconstruction will not have significant environmental effects that cannot be mitigated. The City is therefore filing a Mitigated Negative Declaration on the project. The following alternates were detailed by Mr. Prima in his presentation: Alternate A - Widening on both sides with a curb- to -curb width of 48 feet - Estimated cost - $400,000. Alternate B - Widening on east side only with a curb -to -curb width of 44 feet. Estimated cost - $330,000. Alternate C - Widening on west side only with a curb -to -curb width of 44 feet - Estimated cost - $370,000. Alternate D - No widening - curb -to -curb width re- mains at 40 feet - Estimated Cost - $270, 000 -- In general, construction on all alternates includes curb, gutter and sidewalk replacement, street reconstruction and some utility relocation. The following persons spoke in favor of the proposed reconstruction: a) David Fyffe, 604 N. Church Street, Lodi b) George Robles, 604 N. Church Street, Lodi c) Otto Krueger, 632 N. Church Street, Lodi d) Charles Lambert, 426 N. Church Street e) Paul Mesko, 417 N. Church Street, Lodi The following persons spoke in opposition of the proposed reconstruction: a) Roland Newton, 621 N. Grant, property owner - 513 N. Church Street, Lodi Also addressing the Council on the matter was Fred Bunnell, 722 N.Church Street, Lodi. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Council discussion followed with questions being directed to Staff and to persons in the audience who had given testimony. On motion of Councilman Katnich, Murphy second, Council certified the Negative Declaration on the Church Street Reconstruction Project - (Lockeford Street to Turner Road). -4- 4U6 Continued May 6, 1981 Councilman Katnich then moved that Council authorize proceeding with Alternate A - widening on both sides with a curb -to -curb width of 48 feet - estimated cost of $400,000. The motion was seconded by Mayor McCarty, but failed to pass by the following vote: Ayes: Councilmen - Katnich Noes: Councilmen - Murphy, Pinkerton, and McCarty Absent: Councilmen - Hughes Additional discussion followed with Councilman Pinkerton moving that Council authorize proceed- ing with Alternate B - Widening on east side only with a curb -to -curb width of 44 feet - estimated cost - $330,000. The motion was seconded by Mayor McCarty after Councilman Murphy rescinded his second of the motion, but failed to pass by the following vote: Ayes: Councilmen - Pinkerton Noes: Councilmen - Katnich, Murphy, McCarty Absent: Councilmen - Hughes Additional discussion followed with questions being directed to Staff. Councilman Katnich then moved that Council authorize proceeding with Alternate A - widening on both sides with a curb -to -curb width of 48 feet - estimated cost - $400,000. The motion was seconded by Mayor Pro Tempore Murphy and carried by unanimous vote of all the members of the Council present. PLANNING COMMISSION AMENDMENT TO City Manager Glaves gave the following report P -D 21 of the Planning Commission meeting of April 13, 1981. The Planning Commission - Recommended approval of the request of Grupe Communities, Inc., by Luis Arismendi to amend P -D(21), Planned Development District No. 21 by increasing the allowable residential density from 18 units per acre to 22 units per acre on Lot 56 of Lakeshore Village Subdivision which is located on the south side of West Kettleman Lane, west of the W.I.D. Canal. PUBLIC HEARING On motion of Councilman Katnich, Murphy second, SET the matter was set for Public Hearing on May 20, 1981. The Planning Commission also - ITEMS OF 1. Conditionally approved the request of Baumbach INTEREST and Piazza, Consulting Engineers on behalf of William Clemings for a Tentative Parcel Map to combine Lots 17 - 25, Block C of the Resubdivision of Lot 72, Lodi Barnhart Tract located on the northeast corner of South Main Street and Tokay Street in an area zoned M-2, Heavy Industrial. -5- 409 Continued May 6, 1981 2. Conditionally approved the request of Baumbach and Piazza, Consulting Engineers, on behalf of Robert Griffin for a Tenta- tive Parcel Map to resubdivide Lots 6, 7, 8 and 9, Live Oak Colony No. 3 Subdivi- sion located at the northeast corner of Cluff and Lodi Avenues in an area zoned M-2, Heavy Industrial. 3. Conditionally approved the request of Baumbach and Piazza, Consulting Engineers, on behalf of Elmer Bertsch for a Tenta- tive Parcel Map to create Parcels "A" and "B" from an existing lot at 300 North Cluff Avenue in an area zoned M-2, Heavy Industrial. 4. Approved, with conditions established on May 12, 1980, the request of Ronald B. Thomas for an 18 -month extension of the Tentative Map of the Johnson -Tandy Ranch Subdivision. 5. Approved the request of Charles A. Wentland on behalf of Fairmont Medical Center for a Use Permit for a coffee shop in an existing medical complex at 845 South Fairmont Avenue in an area zoned R -C -P, Residential - Commercial -Professional. 6. Determined that a Zoning Hardship existed and conditionally approved the request of Don Strapp for a Variance for a second free-standing sign in the Arbor Shopping Center at 20-A West Turner Road in an area zoned P -D(17), Planned Development District No. 17. City Manager Glaves also gave the following report of the April 27, 1981 Planning Commission Meeting: The Planning Commission - ITEMS OF 1. Determined that a Zoning Hardship existed INTEREST and approved the request of Robert Medina for a Variance to reduce the required side - yards from 5 feet to 4 feet to permit the expansion of an existing dwelling at 716 North School Street in an area zoned R -HD, High Density Multiple Family Residential. 2. Determined that a Zoning Hardship existed and approved the request of Morris Kirst for a Variance to reduce the minimum lot size from 4,000 square feet to 3,675 square feet which would permit the division of an existing lot at 301 West walnut Street and 111 South Pleasant Street in an area zoned R -C -P, Residential -Commercial -Professional. 3. Approved the request of Aladdin Real Estate for a Use Permit for a restaurant and cock- tail lounge at 1102 West Kettleman Lane (i.e. Parcel S, Vineyard Business Center No. 11) in an area zoned P -D(15), Planned Development District No. 15. COMMUNICATIONS City Clerk Reimche presented an Application for Alcoholic Beverage License which had been ABC _ - received from G & A Foods - Los Compadres - LICENSE 110 N. Cherokee Lane, Lodi - Jesus Alonzo, 41U Continued May 6, 1981 President, - On -Sale Beer and Wine Eating Place. LETTER The City Clerk presented a letter which had RECEIVED FROM been received from Senator S. I. Hayakawa SENATOR stating that he has introduced legislation to HAYAKAWA RE repeal the sections of the Voting Rights Act VOTERS RIGHTS which require the use of bilingual election ACT materials. The City Clerk was directed by the Council to forward a letter of support to Senator Hayakawa. PUC City Clerk Reimche presented a letter which had APPLICATION been received from P.G.&E. giving notice that in Application No. 60412 it has requested authori- zation to become a participant in the inte- grated coal gasification combined cycle demon- stration program at Cool Water and to authorize concurrent recovery of its expenditures resulting from such participation. SUPPORT FOR City Clerk Reimche presented a letter which had CITY OF LONG been received from Dr. Thomas J. Clark, Councilman, BEACH City of Long Beach, stating that the City of RESOLUTION Long Beach requests Council's review and support of City of Long Beach Resolution No. C-23159 - �` "A Resolution of the City Council of the City of Long Beach Expressing its Support of Efforts by the Federal Administration to Return Powers to Local Entities and Urging a Careful Imple- mentation of Those Efforts in Ways that will Enhance, Not Further Impede, Home Rule". With the tacit concurrence of the Council, the City Clerk was directed to write a letter of support regarding the resolution to the City of Long Beach. APPROPRIATION OF On motion of Mayor Pro Tempore Murphy, Pinkerton FEDERAL REVENUE second, Council set for Public Hearing on May SHARING FUNDS 20, 1981, consideration of proposed appropria- 1980-81 BUDGET tions of Federal Revenue Sharing Funds - SET FOR 1980-81 Budget. PUBLIC HEARING REQUEST RE Council referred to Staff for investigation and FILLEY RANCH a future report to Council the request received -`- from Ronald B. Thomas for Council to authorize the City Manager to allow the City Staff to continue processing the annexation and tenta- tive map requests which have been submitted on the project known as Filley Ranch located adjacent to and south of Sunwest Units 3 and 4. GREEN BELT City Clerk Reimche announced that she had INITIATIVE received the Lodi Green Belt Initiative Peti- PETITIIONS tions and that her office was presently in RECEIVED BY the process of certifying the petitions. CITY CLERK Mrs. Reimche announced that it is anticipated that this process will be completed and the petitions certified for presentation to the Council at the May 20, 1981 regular Council Meeting. 411 Continued May 6, 1981 COMMENTS BY FOR "ALMOND DRIVE STREET IMPROVEMENTS, 650' W/ CITY COUNCILMEN CHEROKEE TO 270' W/CHEROKEE", AND AUTHORIZED THE CITY CLERK Following introduction of the matter by Mayor DIRECTED TO Pro Tempore Murphy, with a report regarding PROCEED WITH the subject given by City Clerk Reimche, at ORAL ASSISTANCE the request of the Council, on motion of Mayor ONLY ON FUTURE Pro Tempore Murphy, Pinkerton second, Council MUNICIPAL adopted Resolution No. 81-45 directing the City ELECTIONS Clerk to conduct all future elections with oral assistance only for minority languages RES. NO. 81-45 under the Voters Rights Act (1975 Amendment). The motion carried by unanimous vote of _ all Council members present at the time of the action. GOOD WISHES Councilman Katnich announced that former Council - FOR A man Ezra Ehrhardt is ill, and the good wishes SPEEDY of the Council for a speedy recovery were RECOVERY SENT expressed. TO EZRA EHRHARDT 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 Katnich, Murphy second, were approved by the Council. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $2,127,157.73. MINUTES THE MINUTES OF APRIL 15, 1981 WERE APPROVED AS WRITTEN. PLANS AND The plans and specifications for "Almond Drive SPECS FOR Street Improvements" were presented for Council's "ALMOND DRIVE approval. In general, the work consists of STREET construction of 350 lineal feet of curb, gutter IMPROVEMENTS" and sidewalk, including driveways. The project is being funded in part by the previous owner of the Almond Drive Mobile Home Park and partly with City funds in accordance with an agreement entered into in 1961. -8- COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "ALMOND DRIVE STREET IMPROVEMENTS, 650' W/ CHEROKEE TO 270' W/CHEROKEE", AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. PLANS AND SPECS The plans and specifications for Pleasant FOR PLEASANT AVE. Avenue Curb and Gutter Replacement, Lodi CURB AND GUTTER Avenue to Walnut" were presented for Council's REPLACEMENT approval. In general, the work consists of APPROVED replacing all curb and gutter in the subject block, some tree removal and minor storm drainage work. The project originally included some work on the south side of Walnut west of Pleasant. During the.design process, it was determined that this work was not really ne- cessary and it was dropped from the project. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "PLEASANT AVENUE CURB AND GUTTER REPLACE- MENT, LODI AVENUE TO WALNUT" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. -8- 412 Continued May 6, 1981 PLANS AND SPECS The Plans and Specifications for "Municipal FOR "MUNICIPAL Service Center, Phase III" were presented for SERVICE CENTER, Council's approval. PHASE III" APPROVED The work, in general, consists of construction of access roadways, valley gutters, and storage binds. Construction of underground drainage fire protection and gravel storage areas have previously been accomplished by contract and City forces. Council was informed that ASA Investments, Inc., the Owners/Developers of the property at 330 N. Cluff Avenue have applied for a build- ing permit. City Code requires that the off-site improvements be installed in conjunction with the on-site improvements and that they be completed before occupancy of the buildings. However, since the area is being planned for development by an Assessment District, it appears that the owner should have this option for development. The agreement is that the developer will install the required improvements prior to occupancy, either by Assessment District or on his own if the District should fail to proceed with the work, and it is recommended that the agreement be approved. This is similar to the agreement the City has entered into with California Waste Disposal, Inc. DEVELOPMENT COUNCIL APPROVED THE DEVELOPMENT AGREEMENT FOR AGREE14ENT 330 N. CLUFF AVENUE AND AUTHORIZED THE CITY FOR 330 N. CLUFF MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT AVENUE APPROVED ON BEHALF OF THE CITY. -Q- COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR THE HERETOFORE MENTIONED PROJECT AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. RES. AWARDING The following bids which had been received CONTRACT FOR for "Maxwell Street Paving, Ackerman Drive to "MAXWELL STREET Stockton Street" were presented for Council's PAVING" perusal. RES. NO. 81-46 BIDDER BID (Alt. A) BID (Alt. B) Claude C. Wood Co. $19,640.00 $20,440.00 Granite Construction 20,542.25 20,048.00 Teichert Construction 20,877.00 21,672.00 Pacific Asphalt 30,878.40 29,173.20 Following recommendation of the City Manager, Council adopted the following Resolution: RESOLUTION NO. 81-46 RESOLUTION AWARDING THE CONTRACT FOR "MAXWELL STREET PAVING, ACKERMAN DRIVE TO STOCKTON STREET" TO CLAUDE C. WOOD COMPANY, THE LOW BIDDER, IN THE AMOUNT OF $19,640 (Alt. "A"). Council was informed that ASA Investments, Inc., the Owners/Developers of the property at 330 N. Cluff Avenue have applied for a build- ing permit. City Code requires that the off-site improvements be installed in conjunction with the on-site improvements and that they be completed before occupancy of the buildings. However, since the area is being planned for development by an Assessment District, it appears that the owner should have this option for development. The agreement is that the developer will install the required improvements prior to occupancy, either by Assessment District or on his own if the District should fail to proceed with the work, and it is recommended that the agreement be approved. This is similar to the agreement the City has entered into with California Waste Disposal, Inc. DEVELOPMENT COUNCIL APPROVED THE DEVELOPMENT AGREEMENT FOR AGREE14ENT 330 N. CLUFF AVENUE AND AUTHORIZED THE CITY FOR 330 N. CLUFF MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT AVENUE APPROVED ON BEHALF OF THE CITY. -Q- 413 Continued May 6, 1981 AGENDA ITEM With the tacit concurrence of the Council, REMOVED FROM Agenda item "h" - "Approve Pinewood Subdivision" AGENDA was removed from the Agenda and continued to the May 20, 1981 regular Council Meeting. APPROVAL OF Council was informed that Grupe Communities, LAKESHORE Inc., the developer of Lakeshore Village Unit VILLAGE No. 1 has furnished the City with the final UNIT NO. 1 map and the subdivision improvement plans as well as the necessary agreements, guarantees for faithful performance and labor and materials, insurance certificate, and subdivision fees for the proposed subdivision. This subdivision is located on the south side of Kettleman Lane from the W.I.D. Canal to approximately 2500 feet west of the Canal. It consists of 71 lots, 26 of which are zoned for commercial purposes and are located along Kettleman Lane. There are three large multi -family residential lots as well as a City well site. The remainder of the lots will be single family units. COUNCIL APPROVED THE FINAL MAP SUBJECT TO THE COUNTY'S CONFIRMATION TO THE TECHNICAL ACCURACY OF THE MAP, THE IMPROVEMENT PLANS, AND THE IMPROVEMENT SECURITY AND DIRECTED THE CITY MANAGER AND CITY CLERK TO EXECUTE ALL AGREEMENTS REGARDING THE DEVELOPMENT OF THIS SUBDIVISION ON BEHALF OF THE CITY OF LODI. CROSSWALK Council was apprised that the Police Department ESTABLISHED has requested that a crosswalk be provided LOCKEFORD across Lockeford Street on the west side of AND Calaveras Street. T CALAVERAS In November 1971, the Engineering Department RES. NO. 81-47 recommended against, and the City Council denied, a request for a crosswalk at this location. The crosswalk would be used primarily "- by children between the ages of 4 and 11 residing south of Lockeford Street who attend Lawrence School and take a "convenient route" to school across the Southern Pacific Railroad Co. right-of-way. In brief, the 1971 report revealed: 1. That small children had been observed crawling between moving freight cars while crossing the railroad right-of- way to and from school. 2. That teachers and parents were noti- fied of this dangerous situation and were directed to inform the children to cross the tracks and Lockeford Street along the "safest route to school" at Washington Street. 3. That the installation of a crosswalk at Lockeford and Calaveras would be used almost exclusively by children or older pedestrians using the railroad right- of-way as a path. 4. That such an installation might be taken as an endorsement by the City of Lodi to use this dangerous route. 414 Continued May 6, 1981 5. That it should be the school's res- ponsibility to inform students of the "safest route to school", and the parent's responsibility to see they use it. 6. That it was not the responsibility of the citizens of the City of Lodi to provide a fence along the railroad as a physical determent to prevent crossings. The cost of a fence in 1971 was estimated at approximately $5,000. Unless a fence is built (cost now estimated at more than $9,000.), it appears apparent that children are still using, and will continue to use, this dangerous location as a route to school. The Engineering Department recommends the crosswalk installation for the following reason: "Crosswalks shall be established and maintained at all intersections within the business district and at such other places within or outside the district where the City Council determines that there are particular hazards to pedestrians crossing the roadway". (Ord. No. 493, s110.) CLASS II COUNCIL APPROVED THE SPECIFICATIONS FOR CLASS II SLURRY SEAL SLURRY SEAL AND AUTHORIZED THE PURCHASING AGENT SPECS TO ADVERTISE FOR BIDS THEREON APPROVED -11- Council adopted the following Resolution: RESOLUTION NO. 81-47 RESOLUTION ESTABLISHING A PEDESTRIAN CROSSWALK ACROSS LOCKEFORD STREET ON THE WEST SIDE OF CALAVERAS STREET LOT LINE Following introduction by Staff, Council adopted ADJUSTMENT the following Resolution approving a Lot Line LOTS 14 - 15 Adjustment: MATTHEWS ESTATE RESOLUTION NO. 61-48 RES. NO. 81-48 RESOLUTION APPROVING LOT LINE ADJUSTMENT - LOTS 14 AND 15 MATTHEWS ESTATE RESOLUTION City Clerk Reimche presented an inventory of AUTHORIZING Finance Department records, more than two years DESTRUCTION OF old requesting authorization for destruction of CERTAIN FINANCE same. Pursuant to Government Code Section 34090, DEPARTMENT the City Attorney has filed his written consent FILES to the destruction of these records. RES. NO. 81-49 RESOLUTION NO. 81-49 �_- RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN -- FINANCE DEPARTMENT FILES CLASS II COUNCIL APPROVED THE SPECIFICATIONS FOR CLASS II SLURRY SEAL SLURRY SEAL AND AUTHORIZED THE PURCHASING AGENT SPECS TO ADVERTISE FOR BIDS THEREON APPROVED -11- Continued May 6, 1981 415 PARKING Mr. Gary Vochatzer of the Lodi Racquetball DEFICIENCIES Club addressed the Council advising that an HUTCHINS STREET - agreement had been reached with the Hittle LODI SPORTS family for a lease agreement of their property CENTER to be used for temporary off-street parking for the Lodi Sports Center. Mr. Vochatzer w - indicated that it was his intention to gravel RE PERMIT FOR the subject area, provide fencing and lights. USE OF CITY Discussion followed with questions being directed FACILITIES to Mr. Vochatzer and to Staff. On motion INTRODUCED of Councilman Katnich, Pinkerton second, Council amended the Use Permit approved by the ORD. NO. 1225 Planning Commission for the Lodi Sports Center -_ and approved the off-street parking plan outlined by Mr. Gary Vochatzer, with the condition that COOPERATIVE if dust becomes a problem, the subject area will ELECTRICITY be oiled at the Lodi Sports Center's Expense. REQUEST TO USE Council was informed that Mr. Tim Brophy, owner SCHOOL STREET MALL of Brophy's Restaurant at 15 S. School Street, (PUBLIC has requested permission to place portable RIGHT-OF-WAY) tables and chairs in the mall area next to the GRANTED restaurant. According to Staff, it is not a permitted use under the guidelines for encroach- ment permit issuing as adopted by the City Council. Staff's report outlined some of the problems that may arise should such a permit be issued. Following discussion, with questions being directed to Staff and to Mr. Brophy, who was in the audience, Council on motion of Council- man Katnich, Murphy second, approved the request to use the School Street Mall (public right-of- way) for private use (to place portable tables and chairs in the mall area next to the res- taurant) with the following conditions: -12- a) An Encroachment Permit be obtained for one year, renewable at that time provided there have been no major problems. b) Access be maintained to the public phone. ORDINANCE. Following introduction of the matter by City RE PERMIT FOR Manager Glaves, Council, on motion of Council - USE OF CITY man Pinkerton, Murphy second, introduced FACILITIES Ordinance No. 1225, entitled, "An Ordinance of INTRODUCED the City Council of the City of Lodi Amending Chapter 15 of the Lodi Municipal Code to Add ORD. NO. 1225 a New Article III Thereto Entitled, 'Permit -_ for Use of City Facilities"'. The motion carried by unanimous vote. COOPERATIVE Council was informed that at a recent Informal ELECTRICITY Information Meeting, a presentation was made MANAGEMENT by representatives of P.G.&E. regarding a PROGRAM Cooperative Electricity'Management Program. CONCEPT The City Attorney is presently preparing a APPROVED contract covering this program as outlined. -12- 4lb Continued May 6, 1981 Following discussion, on motion of Councilman Pinkerton, Murphy second, Council adopted Resolution No. 81-50 approving the Lobaugh South Reorganization, including annexation to the City of Lodi and detachment from the Woodbridge Rural County Fire Protection District, Woodbridge Irrigation District and the Wood- bridge Water Users Conservation District. The motion carried by unanimous vote. EILERS Agenda item "s" - "Eilers Reorganization, REORGANIZATION including annexation of territory to the City AND DETACHMENT of Lodi and detachment from the Woodbridge Rural Fire Protection District" was introduced RES. NO. 81-51 by Community Development Director Schroeder. Diagrams of the subject area were presented for Council's perusal and questions concerning the matter were directed to Staff. City Clerk Reimche presented a letter which had been received from Richard L. Ehrhardt, Facility Planner, Lodi Unified School District, advising that the Lodi Unified School District Board of Trustees did approve being included in the annexation of the Eilers property as long as the School District has "their" signed agreement to pay the development fees directly to the district. Council discussion followed with questions being directed to Staff. On motion of Councilman Pinkerton, Murphy second, Council determined to consider separately the Eilers parcels and the school parcel in this subject matter. Speaking on behalf of the proponent of this annexation, Mr. Henry G: Eilers, was his attorney, Mr. C. M. Sullivan, Attorney at Law, 1111 W. Tokay Street,.Lodi. Mr. Sullivan stated that the subject property is being proposed for annexation as it is "ripe for annexation, all utilities are available and it is located in Phase I of the City's Residential Phasing Plan. Mr. Sullivan further stated that the most likely use of the property would be for Planned Development. Following discussion, on motion of Councilman Hughes, Katnich second, Council approved in concept the proposed Cooperative Electricity Management Program Contract and authorized the Mayor and City Clerk to execute the Contract on behalf of the City. LOBAUGH SOUTH Council was apprised that a letter had been ANNEXATION AND received from LAFCO to which was attached its DETACHMENT Commission's Resolution No. 503.approving the FROM VARIOUS proposed Lobaugh South Reorganization (LAFC 7-81), DISTRICTS including annexation to the City of Lodi and APPROVED detachment from the Woodbridge Rural County Fire Protection District, Woodbridge Irrigation RES. NO. 81-50 District and Woodbridge Water Users Conservation District and designating the City of Lodi as the conducting agency and authorizing the City of Lodi to complete the proceeding without public notice and hearing by the City, pursuant to the provisions of the District Reorganization Act. Following discussion, on motion of Councilman Pinkerton, Murphy second, Council adopted Resolution No. 81-50 approving the Lobaugh South Reorganization, including annexation to the City of Lodi and detachment from the Woodbridge Rural County Fire Protection District, Woodbridge Irrigation District and the Wood- bridge Water Users Conservation District. The motion carried by unanimous vote. EILERS Agenda item "s" - "Eilers Reorganization, REORGANIZATION including annexation of territory to the City AND DETACHMENT of Lodi and detachment from the Woodbridge Rural Fire Protection District" was introduced RES. NO. 81-51 by Community Development Director Schroeder. Diagrams of the subject area were presented for Council's perusal and questions concerning the matter were directed to Staff. City Clerk Reimche presented a letter which had been received from Richard L. Ehrhardt, Facility Planner, Lodi Unified School District, advising that the Lodi Unified School District Board of Trustees did approve being included in the annexation of the Eilers property as long as the School District has "their" signed agreement to pay the development fees directly to the district. Council discussion followed with questions being directed to Staff. On motion of Councilman Pinkerton, Murphy second, Council determined to consider separately the Eilers parcels and the school parcel in this subject matter. Speaking on behalf of the proponent of this annexation, Mr. Henry G: Eilers, was his attorney, Mr. C. M. Sullivan, Attorney at Law, 1111 W. Tokay Street,.Lodi. Mr. Sullivan stated that the subject property is being proposed for annexation as it is "ripe for annexation, all utilities are available and it is located in Phase I of the City's Residential Phasing Plan. Mr. Sullivan further stated that the most likely use of the property would be for Planned Development. Continued May 6, 1981 417 Mr. Henry Eilers, Linden, California, addressed the Council stating that the property had been in his family for 80 years. Mr. Eilers stated that he is an advocate of retaining prime agricultural land; however, the subject property is presently surrounded by development which makes it extremely difficult to farm. Council discussion followed with questions being directed to Staff, Mr. Sullivan and Mr. Eilers. Following an inquiry by Council, Mr. Eilers stated that he realized that the future street alignment will cross his property. On motion of Councilman Pinkerton, Katnich second, Council certified the Negative Declaration - Eilers Reorganization and Detachment (Eilers parcels only). Following additional discussion, Council, on motion of Councilman Katnich, Pinkerton second, adopted Resolution No. 81-51 - Resolution of the Lodi City Council for the Application to the San Joaquin County Local Agency Formation Commission in the matter of the proposed "Eilers Addition" reorganization, including detachment from the Woodbridge Rural Fire Protection District (excluding the Woodbridge Senior Elementary School Grounds). The motion carried by unanimous vote. ACTION ON Council discussion then followed regarding the SCHOOL PARCEL school parcel with questions being directed to (EILERS Staff. A motion to include the school parcel REORGANIZATION) in the annexation with the Eiler's parcels, DEFERRED FOR with certain conditions, was made and rescinded. ADDITIONAL Following additional discussion, Council, INFORMATION on motion of Councilman Pinkerton, Murphy :.second, deferred action on the Woodbridge ``Senior Elementary School Grounds parcel to allow the City Attorney time to research what responsibility the Lodi Unified School District would have in bringing this property up to City standards, with the direction that this matter, including the requested information, be brought back to the Council at the May 20, 1981 Council Meeting. SURPLUS PROPERTY Agenda item "t" - "Surplus property at MSC AT MSC SITE site" was introduced by City Manager Glaves (ANIMAL SHELTER who presented a report from Chief of Police, NEEDS) ,.-.Marc Yates indicating the need to expand the Animal Shelter. Council discussion followed with questions being directed to Staff. With the tacit concurrence of the Council, _ action was deferred on this matter to allow Council the opportunity to tour the Animal Shelter located at the MSC site. -14- 418 Continued May 6, 1981 PURCHASE OF Council was informed that at the April 1, 1981 POLICE PATROL Council Meeting, Council approved specifications UNITS THROUGH for the purchase of five full-sized police STATE OF vehicles and authorized the Purchasing Agent CALIFORNIA to advertise for bids thereon. At the April APPROVED 15, 1981 bid opening for these vehicles, only one bid was received as follows: RES. N0. 81-52 BIDDER BID Geweke Ford - 5 vehicles $47,272.50 The City has now determined that these vehicles can be purchased through the State of California at a substantial savings. Therefore, it is recommended that Council reject the bid received. On motion of Councilman Katnich, Hughes second, Council rejected the bid received from Geweke Ford for 5 police vehicles and adopted Reso- lution No. 81-52 authorizing the purchase of five police patrol units through the State of California at a cost of $41,501.45. TEMPORARY Council was apprised that Parks and Recreation USE OF CITY Director Ed DeBenedetti and Community Relations BUILDINGS Assistant Charlene Lange have met with the APPROVED Community Development Committee and propose _. the following groups be allowed the temporary - use of City facilities: _ Maple Square Firehouse -- Big Valley Railroaders* j Carnegie Library Lodi Art Center* Civil Air Patrol (basement) Lodi LUHS/Lodi Community Center S.J. Delta Masonry Class (woodshop/continued use) YMCA* (custodial building/one classroom) S.J. Kennel Club (boxing room) Special Events -(cafeteria -outside grounds) . In is envisioned these groups would hold their own by paying for all utilities; groups capable or interested in paying a nominal fee for rent as noted (*) The City attorney has suggested that each temporary use group be asked to sign a contract _ indicating the specific terms and length of use and be asked to carry insurance naming the City as "additional insured". It is also understood the spaces these groups occupy are in "as is condition" and any im- provements the individual organizations may make to the property do not constitute an obligation on the City's part to insure space at a future date beyond the terms of the contract. Continued May 6, 1981 419 On motion of Councilman Pinkerton, Murphy second, Council approved the proposal regarding the temporary use of City buildings heretofore set forth. ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting at approximately 11:30 p.m. ATTEST: / 7rYt %Z/ ALICE M. R ACHE City Clerk