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HomeMy WebLinkAboutMinutes - June 17, 198144U CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS June 17, 1981 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, June 17, 1981 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes, Katnich, and McCarty (Mayor) Absent: Councilmen - Murphy and Pinkerton Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Reverend Ed Sorensen, English Oaks Seventh-Day Adventist Church. PLEDGE At the introduction of Mayor McCarty, Boy Scout Phillip Hollingsworth of Troop 296 led the pledge of allegiance to the flag. PLANNING The following items of interest pertaining to COMMISSION the Planning Commission meeting of June 8, 1981 REPORT - were presented for Council's information: JUNE 8, 1981 MEETING The Planning Commission - ITEMS OF 1. Approved the request of Baumbach and Piazza, INTEREST Consulting Engineers, on behalf of Morris v Kirst for a Tentative Parcel Map to divide 30 West walnut Street and 111 South Pleasant Avenue into two lots in an area zoned R -C -P, Residential -Commercial -Professional. 2. Approved the request of R.P. Weldum Associates, Inc., Consulting Engineers, on behalf of Sanguinetti and Arnaiz Development Company for a Tentative Parcel Map to reparcel Lot B of the Mokelumne Village Commercial Center into three lots on the north side of East Turner Road, west of State Route 99 in an area zoned C -S, Commercial Shopping. 3. Denied the request of Joy Wallace for a variance to reduce the required rear yard from 10 feet to 6 feet 6 inches to permit an addition to an existing dwelling at 246 North Mills Avenue in an area zoned R-2, Single -Family Residential. 4. Denied the request of Robert Morris and Larry Wenell for a Variance to further reduce the required off-street parking to permit conversion of a garage into office space at 301 West Locust Street in an area zoned R -C -P, Residential -Commercial -Professional. 5. Approved the request of Marthel, Inc., by Mr. Jerry Jones for a Use Permit to construct a 136 bed convalescent hospital at 900 North Church Street (i.e. portion of Sanguinetti Park Subdivision) in an area zoned P -D(17), Planned Development District No. 17. -1- 441 Continued June 17, 1981 6. Determined that the need for privacy constituted the basis for a Zoning Hardship and approved the request of Mike Schnabel on behalf of Dr. I. M. Hayes to increase the maximum fence height from 3'h feet to 6 feet around an exist- ing patio in a street side yard area at 2221 Aladdin Way in an area zoned P-1)(6), Planned Development District No. 6. 7. Determined that the request would be of district benefit to the neighborhood and of Kelly Suess on behalf of Lodi Nut Company, Inc., for a Variance to replace an existing non -conforming warehouse with a new storage building at 1206 South Fairmont Avenue in an area zoned R-1, Single -Family Residential. 8. Conditionally approved the request of Jeffrey Lopardo for a Use Permit for a commercial recreation operation (i.e. electronic games) at 114 North School Street in an area zoned C-2, General Commercial. 9. Approved the request of Guarantee Savings and Loan for a Use Permit for a branch office at 1300 West Kettleman Lane in an area zoned P -D(15), Planned Development District No. 15. 10. Extended for 18 months (i.e. December 1982) the Use Permit granted to Holz Rubber Company for temporary portable offices at 1129 South - Sacramento Street in an area zoned M-2, Heavy Industrial. COMMUNICATIONS (CITY CLERK) PUC City Clerk Reimche presented a letter which APPLICATIONS had been received from Pacific Gas and Electric _ Company giving notice that in PUC Application No. ` — - - 60609, it has requested authorization under its Gas Adjustment Clause to revise its gas service tariff effective July 1, 1981, to reflect gas costs and to amortize the Gas Cost Balance Account undercollection. City Clerk Reimche also presented a letter which had been received from Pacific Gas and Electric Company giving notice that in PUC Application No. 60616 it has requested authorization to increase its electric rates and charges to reflect energy costs, including the Energy Cost Adjustment account undercollection effective August 1, 1981. THANK YOU Mrs. Reimche presented a letter which had been LETTER received from L. Bruce Laingen, former hostage RECEIVED FROM in Iran, thanking Council for its expression of FORMER HOSTAGE support and commendation in the form of a __.. Proclamation which was sent to all of the former hostages. ABC LICENSE An application for Alcoholic Beverage License for Elizabeth R. and Russell A. Montgomery, E1 Papagallo, 1030 Victor Road - D, Lodi, for On -Sale Beer and Wine Eating Place was presented for Council's perusal. CHECK RECEIVED Sheri Mallory, Treasurer of the Old Lodi High FROM OLD LODI School Site Foundation Committee, presented HIGH SCHOOL the Council with a check in the amount of $1,019.00. SITE FOUNDATION COMMITTEE 442 Continued June 17, 1981 LETTER RECEIVED City Clerk Reimche presented a letter which FROM LODI LIFE had been received from Stephen J. Mann, Publisher, AND TIMES Lodi Life and Times, addressing Councilman Katnich's comments made during the June 3, 1981 Council Meeting regarding Mayor McCarty. APPEALS SET On motion of Councilman Katnich, Hughes second, ? FOR PUBLIC Council set for Public Hearing on July 1, 1981 at HEARING 8:00 p.m., the appeal of Joy Wallace of the - denial by the Lodi Planning Commission for a variance for a reduced rear yard at 246 N. Mills Avenue, Lodi. On motion of Councilman Katnich, McCarty second, Council set for Public Hearing on July'l, 1981 at 8:00 p.m. the appeal of Morris and Wenell of the denial by the Lodi Planning Commission for a variance permit for reduced parking at 301 West Locust Street, Lodi. COMMENTS BY Mayor McCarty commended the Elk Club and the CITY COUNCILMEN Emblem Club for their Flag Day recognition. REPORTS OF In accordance with report and recommendation of the THE CITY City Manager, the following actions, hereby set MANAGER forth between asterisks, on motion of Councilman Katnich, Hughes second, were approved. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,986,528.25. MINUTES THE MINUTES OF MAY 20, 1981 WERE APPROVED AS WRITTEN. PLANS AND The Plans and Specifications for "Church Street, SPECIFICATIONS Lockeford Street to Turner Road" were presented FOR CHURCH for Council's approval. Council was apprised that, STREET in general, the work consists of reconstructing IMPROVEMENTS approximately 2800 lineal feet of street, includ- APPROVED ing replacement of curb, gutter and sidewalk, catch basins, storm drain laterals, street lights and miscellaneous and incidental work. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "CHURCH STREET IMPROVEMENTS, LOCKEFORD STREET TO TURNER ROAD" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. SPECS APPROVED COUNCIL APPROVED THE SPECIFICATIONS FOR ASPHALT FOR ASPHALT MATERIAL FOR THE FIRST QUARTER OF F.Y. 1982 MATERIAL AND AUTHORIZED THE PURCHASING.AGENT TO ADVERTISE FOR BIDS THEREON. SPECS APPROVED COUNCIL APPROVED THE SPECIFICATIONS FOR ROCK FOR ROCK & SAND AND SAND MATERIAL FOR F.Y. 1982 AND AUTHORIZED MATERIAL THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. COUNCIL APPROVED COUNCIL APPROVED THE SALE OF THE 1970 CHEVROLET SALE OF AERIAL TRUCK EQUIPPED WITH AN AERIAL LIFT TREE TRIMMING TRUCK BUCKET AT A MINIMUM BID PRICE OF $13,000, AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE w-• FOR BIDS THEREON. 4H Continued June 17, 1981 RESOLUTION Following recommendation of Staff, Council adopted ENDORSING PASSAGE the following resolution: OF FORAN BILL RE NEED TO INCREASE RESOLUTION NO. 81-70 STATEWIDE TRANSPORTATION RESOLUTION ENDORSING PASSAGE OF THE FORAN BILL - FUNDS SB 215 RE NEED TO INCREASE STATEWIDE TRANSPORTA- TION FUNDS RES. NO. 81-70 RENEWAL OF - Council was apprised that Jim's Gardening Service CONTRACT OF has been maintaining various City landscape LANDSCAPED AREAS areas since July, 1979. In July, 1980, the City WITHIN THE CITY renewed the contract at an increase of 3.2%. OF LODI The City has recently received a quote from Jim's = Gardening Service to maintain the existing areas for the next fiscal year at an annual cost of $30,162.00, which is an increase of 7.8%. COUNCIL APPROVED AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY THE RENEWAL OF THE LANDSCAPE MAINTENANCE CONTRACT TO JIM'S GARDENING SERVICE, LODI, CALIFORNIA, FOR THE 1981-82 FISCAL YEAR IN THE AMOUNT HERETOFORE SET FORTH. SPECIAL ELECTION Council adopted the following resolutions pertain - AUGUST 25, 1981 ing to the Special Election ordered by the Council to be held August 25, 1981: RES. NO. 81-71 RESOLUTION NO. 81-71 RES. NO. 81-72 RESOLUTION ORDERING THE CANVASS OF THE AUGUST 25, 1981 SPECIAL ELECTION TO BE MADE BY THE CITY CLERK PRIOR TO THE FIRST TUESDAY AFTER THE ELECTION. RESOLUTION NO. 81-72 RESOLUTION ESTABLISHING CITY HALL AS THE OFFICIAL ELECTION RETURN CENTER FOR THE AUGUST 25, 1981 SPECIAL ELECTION * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SWIMMING FEES City Manager Glaves introduced agenda item "k" - AMENDED "Proposed change in swimming ticket fees and policies". Council was then apprised that in RES. NO. 81-73 the past the City of Lodi, for the purpose of t giving families an opportunity to swim at reduced rates, instigated a family and single ticket type of program. Prices were set at $20 for a family ticket, regardless of how many people were in the immediate family, and $10 for a single ticket. This would allow the user to use any one of four facilities at Blakely Pool, Tokay High Pool, Lodi High Pool, and Lodi Lake. The City has known for many years that this program has been abused by the ticket purchaser. Staff recommended that the fees be amended by selling books of tickets with 2D swim tickets for youths (age 16 and under) at $3.50 and books of tickets with 20 swim tickets for $7.50 (approximately 90 days). A lengthy discussion followed with questions being directed to the City Manager and to Mr. Ed DeBenedetti who was present in the audience. City Clerk Reimche presented a letter from Patricia A. Hanks, 1325 Deerfield Court, Lodi, asking that Council reconsider the proposed rate increase 444 Continued June 17, 1981 and provide a swimming pass affordable to all i people. CHURCH OF JESUS Following additional discussion, on motion of CHRIST OF Councilman Hughes, Katnich second, Council LATTER-DAY SAINTS adopted Resolution No. 81-73 establishing amended REORGANIZATION swimming fees as heretofore set forth. BIDS REJECTED FOR Agenda item "1" entitled, "Discussion and CITY OF LODI appropriate action regarding proposals received TRANSIT SERVICE for City of Lodi Transit Service", was intro- i duced by Assistant City Manager Glenn. Following J / discussion with questions being directed to Staff, Council, on motion of Councilman Hughes, McCarty second, rejected bids received for i City of Lodi Transit Service and directed the Mayor and Assistant City Manager to continue discussions with City Cab Company to develop an extended type of Dial -A -Ride service, which proposal will be brought back to Council when it is developed. EAST SIDE Agenda item "m" - "East Side Winery Reorgani- WINERY zation and Detachment from the Mokelumne Rural REORGANIZATION Fire District" was introduced by Community AND DETACHMENT Development Director Schroeder who presented diagrams of the subject area. Speaking on behalf RES. NO. 81-74 of the proposed annexation was Mr. Ben Schaffer, =a 600 Connie Street, Lodi. Following discussion with questions being directed to Staff and to Mr. Schaffer, Council, on motion of Councilman Katnich, McCarty second, adopted Resolution No. 81-74, approving the application to LAFCO of the East Side Winery Reorganization and detachment from the Mokelumne Rural Fire District. The motion carried by the following vote: I Ayes: Councilmen - Hughes, Katnich and McCarty Noes: Councilmen - None i Absent: Councilmen - Murphy and Pinkerton CHURCH OF JESUS Agenda item "n" - "Church of Jesus Christ of CHRIST OF Latter -Day Saints (LDS) Reorganization and LATTER-DAY SAINTS Detachment from the Woodbridge Rural Fire REORGANIZATION Protection District and the Woodbridge Irrigation AND DETACHMENT District", was introduced by Community Development Director Schroeder who presented diagrams of the RES. NO. 81-75 subject area. i J / Speaking on behalf of the proposed annexation was James O. Beus, Attorney, representing the Church of Jesus Christ of Latter -Day Saints, 311 i E. Main Street, #520, Stockton, California. A lengthy discussion followed, including the topic of who will bear the cost of utility extension including the eventual extension of Century Boulevard. On motion of Councilman Katnich, Hughes second, i Council certified the Negative Declaration for Church of Jesus Christ of Latter -Day Saints j Reorganization. 4455 Continued June 17, 1981 On motion of Councilman Katnich, Hughes second, Council adopted Resolution No. 81-75 approving the application to LAFCO of the Church of Jesus Christ of Latter -Day Saints (LDS) reorganization and detachment from the Woodbridge Rural Fire Protection District and the Woodbridge Irrigation District with the understanding that utility extension costs, including streets, are to be borne _ by the developers. The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, and McCarty Noes: Councilmen - None Absent: Councilmen - Murphy and Pinkerton TOWNE Agenda item "o" - Towne Reorganization No. 2 and REORGANIZATION detachment from the Woodbridge Irrigation District, NO. 2 Woodbridge Fire Protection District, and the REORGANIZATION & Water User's Conservation District" was intro - DETACHMENT duced by Community Development Director Schroeder who also presented diagrams of the subject area. RES. NO. 81-76 City Clerk Reimche presented a letter which had been received from Mr. and Mrs. Wilbert Ruhl protesting the negative declaration on the Burton Towne property which stated in part that "while a negative declaration may appear to be adequate since this is only an annexation, we feel that a full EIR should be made because of future impact. This annexation is the beginning of an irreversible action. The only purpose of this �- annexation is for future development and any type of development will have a severe effect on the environment. A full EIR should be made at this time". Council was apprised that the present zoning is San Joaquin County I -PA and GA -1 and the proposed zoning would be U -H, Unclassified Holding. Mr. Schroeder indicated that agricultural land does not require an EIR. Following Council discussion, on motion of Councilman Hughes, Katnich second, Codncil certified the Negative Declaration for Request of Burton Towne Reorganization. On motion of Councilman Hughes, Katnich second, Council adopted Resolution No. 81-76 approving the Application to LAFCO of the Towne Reorganiza- tion No. 2 and Detachment from the Woodbridge Irri- gation District, Woodbridge Fire Protection Dist- rict and the Water User's Conservation District. STOCKTON STREET Council was apprised that in checking with the ALIGNMENT Local Assistant Office of the Department of Transportation, they indicated that the Federal - -_ Highway Administration took the position that '- public hearings should not be held on a portion of the alignment of Stockton Street until the Environmental Assessment (EIR) on Stockton Street has been approved for circulation. City Staff has determined that by checking with FHWA that if the City did proceed with the alignment hearing prior to their approval, we could jeopar- dize the City's FAU funding on the Stockton Street Project. The Local Assistant Office felt it would be a minimum of one month before the 446 Continued June 17, 1981 City received comments on the Environmental Assess- ment or approval to circulate. Following discussion, Council, on motion of Councilman Katnich, Hughes second, asked that the matter be tabled for a period of 30 to 60 days, and directed the City Clerk to apprise Mr. and Mrs. Robert Vetter of this action. COUNCIL DEFERS Following introduction of agenda item "q" - ACTION ON AGENDA "Approve Agreements with State of California on ITEM RE Railroad Crossing Protection on Main, Sacramento AGREEMENTS WITH and Stockton Streets" and a lengthy discussion, STATE ON with the tacit concurrence of the City Council, RAILROAD the matter was deferred to the regular Council CROSSING meeting of July 1, 1981. PROTECTION ON MAIN, SACRAMENTO, AND STOCKTON STREETS COUNCIL VOTES Following introduction of the matter and Council NOT TO PLACE discussion, Council, on motion of Councilman MEASURE ON Katnich, Hughes second, voted not to place on BALLOT AS the ballot for the Special Election for August TO WHETHER THE 25, 1981, the following measure: MAYOR SHOULD BE ELECTED OR NOT "Shall the electors elect a mayor and four city Councilmen?" "Shall the term of office of mayor be two years?" "Shall the term of office of mayor be four years?" The motion carried by the following vote: Ayes: Councilmen - Hughes and Katnich Noes: Councilmen - McCarty Absent: Councilmen - Pinkerton and Murphy REQUEST FOR Council was apprised by Assistant City Manager REFUSE RATE Glenn that the City had received a request from INCREASE Sanitary City Disposal Company for a refuse rate increase. The City is presently conferring with -- - Sanitary City regarding the matter. Following a brief discussion, Mayor McCarty reappointed the former Refuse Rate Review Committee comprised of Councilman James Pinkerton, Mayor Pro Tempore Murphy and Assistant City Manager Jerry Glenn to review the proposal and report back to Council on its recommendations. CONTRACT Council, on motion of Councilman Katnich, Hughes APPROVED FOR second, authorized the retaining of the firm of ANNUAL AUDIT Ernst and Whinney pursuant to the provisions and fees, including Revenue Sharing Compliance Audit, outlined in their June 5, 1981 letter to perform the annual audit at a total cost not to exceed $15,400. with the understanding that this audit will be performed in a timely manner. Council further directed Staff to seek a new auditing firm to perform the audit for F.Y 1981- 82. 447 Continued June 17, 1981 RESOLUTION RE Assistant City Manager Jerry Glenn apprised the APPROPRIATION Council that due to expenditure underruns and OF OPERATING revenue overruns, the City will have a year-end RESERVE FUND balance of $793,805. These funds are included in the budget presented to Council at the RES. NO. 81-77 May 20, 1981 regular meeting, to be used to fund next year's operations. In order to properly account for these monies, it is sound policy to appropriate these funds into an emergency opera- ting reserve. This will take care of year-end uncertainties and comply with Proposition 4 which permits reasonable and proper reserves. On motion of Councilman Hughes, Katnich second, Council adopted Resolution No. 81-77 - Resolution for the appropriations of Funds to Operating Reserves. AWARD - CONTRACT City Manager Glaves presented the following bids TO APPLY CLASS which had been received to apply Class II Slurry II SLURRY SEAL Seal to City Streets: TO CITY STREETS BIDDER AMOUNT RES. NO. 81-78 California Pavement Maintenance $8,216.33 Bay Area Sealers, Inc. $9,243.59 Valley Slurry Seal Co., Inc. $10,373.81 On recommendation of the City Manager, Council on motion of Councilman Katnich, McCarty second, adopted Resolution No. 81-78 awarding the contract to apply Class II Slurry Seal to California Pavement Maintenance Company in the amount of $8,216.33. AWARD - Council was apprised that the following bids had THREE-PHASE been received for a three-phase padmount trans- PADMOUNT former to replace the failing unit at Lodi High TRANSFORMER School: RES. NO. 81-79 Supplier - General Electric Supply Co. "A" Price w/tax $ 9,540.00 "B" Cost of Losses $ 7,082.00 "A" + "B" Life -Cycle Cost $16,622.00 Estimated Delivery (weeks) 14-16 Comments Does not meet City Specifi- cations Supplier - RTE Corporation "A" Price w/tax $ 8,453.50 "B" Cost of Losses $ 8,381.50 "A" + "B" Life -Cycle Cost $16,835.00 Estimated Delivery (weeks) 11-12 -°- 448 Continued June 17, 1981 RESOLUTION Following introduction of the matter by City APPROVING NCPA Manager Glaves, on motion of Councilman Hughes, SERVICE SCHEDULE Katnich second, Council adopted Resolution No. P.G.&E 81-80 approving NCPA Service Schedule P.G.&E. INTERRUPTIBLE NCPA Interruptible Transmission Service Contract TRANSMISSION and authorizing the Mayor and City Clerk to SERVICE CONTRACT execute the document on behalf of the City. RES. NO. 81-80 ORDINANCES Supplier - Westinghouse Elec. Supply Co. Authorizing "A" Price w/tax $14,149.94 the Northern California Power Agency to "B" Cost of Losses $ 6,725.00 AUTHORIZING "A" + "B" Life -Cycle Cost $20,874.94 NCPA TO ISSUE Estimated Delivery (weeks) 17 regular Supplier - Kuhlman Electric Co. meeting of the City Council held June 3, "A" Price w/tax $13,960.20 NCPA PROJECT "B" Cost of Losses $7,775.00 NO. I "A" + "B" Life -Cycle Cost $21,735.20 was Estimated Delivery (weeks) 12-13 omitted after reading by title, and the Supplier - Valley Electric Co. ORD. NO. 1228 "A" Price w/tax $13,546.80 print "B" Cost of Losses $10,525.00 by the following vote: "A" + "B" Life -Cycle Cost $24,071.80 Estimated Delivery (weeks) 10-12 On motion of Councilman Katnich, Hughes second, Council adopted Resolution No. 81-79 awarding the bid for one 750 KVA, three-phase padmount trans- former to replace the failing unit at Lodi High School to RTE Corporation in the amount of $8,453.50, the lowest bidder meeting City specifications. ACTION DEFERRED With the tacit concurrence of the City Council, ON AGENDA ITEM Council deferred consideration and action on this "X" 1981-82 agenda item to the next meeting of the Council. BUDGET PRESENTATION RESOLUTION Following introduction of the matter by City APPROVING NCPA Manager Glaves, on motion of Councilman Hughes, SERVICE SCHEDULE Katnich second, Council adopted Resolution No. P.G.&E 81-80 approving NCPA Service Schedule P.G.&E. INTERRUPTIBLE NCPA Interruptible Transmission Service Contract TRANSMISSION and authorizing the Mayor and City Clerk to SERVICE CONTRACT execute the document on behalf of the City. RES. NO. 81-80 ORDINANCES Ordinance No. 1228 entitled, "Ordinance Authorizing the Northern California Power Agency to issue AUTHORIZING Revenue Bonds (NCPA Project No. 1 - Development NCPA TO ISSUE Fund Bonds) having been introduced at a regular REVENUE BONDS meeting of the City Council held June 3, 1981 was NCPA PROJECT brought up for passage on motion of Councilman NO. I Hughes, Katnich seocnd. Second reading was omitted after reading by title, and the Ordinance ORD. NO. 1228 was then passed, adopted and ordered to print ADOPTED by the following vote: -9- 449 Continued June 17, 1981 Ayes: Councilmen - Hughes, Katnich, and McCarty Noes: Councilmen - None Absent: Councilmen - Murphy and Pinkerton AUTHORIZING Ordinance No. 1229 entitled, "Ordinance Authoriz- NCPA TO ISSUE ing the Northern California Power Agency to issue REVENUE BONDS Revenue Bonds (Shell East Block Project Second SHELL EAST Phase Bonds) having been introduced at a regular BLOCK PROJECT meeting held June 3, 1981 was brought up for SECOND PHASE passage on motion of Councilman Hughes, Katnich BONDS second. Second reading was omitted after reading by title, and the Ordinance was then passed, ORD. NO. 1229 adopted and ordered to print by the following ADOPTED vote: Ayes: Councilmen - Hughes, Katnich, and McCarty Noes: Councilmen - None Absent: Councilmen - Murphy and Pinkerton ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting at approximately 10:00 p.m. Attest: yy ALICE M.MCHE City Clerk