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HomeMy WebLinkAboutMinutes - September 1, 1981I CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS September 1, 1981 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Tuesday, September 1, 1981 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (arrived 8:03 p.m.), Katnich, Murphy,. Pinkerton, and McCarty (Mayor) Absent: Councilmen - None 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 Pastor Robert Lewis, First Baptist Church PLEDGE The Pledge of Allegiance was led by Mayor McCarty. PRESENTATIONS Mrs. Charlotte Humphrey, Director, San Joaquin County Department of Aging, was scheduled to address the Council regarding recent developments in the field of aging and the new composition of the County Commission on Aging required by the Older American's Act. Mrs. Humphrey was not in the audience and the matter was carried over to the regular meeting of September 16, 1981. PLANNING COMMISSION City Manager Glaves gave the following report of the August 24, 1981 Planning Commission meeting: ITEMS OF INTEREST The Planning Commission - 1. After taking public testimony at the public hearing, the First Southern Baptist Church, 2301 W. Lodi Avenue, was granted a use permit for a temporary mobilehome for classroom purposes adjoining the church, subject to the following conditions: a) approved for one year; b) needs SPARC approval; c) not to be used for resi- dential purposes. Neighborhood opposition focused on aesthetic concerns. 2. Set September 14, 1981 as the date for public hearing on Use Permit request of Michael and Leslie Minson, U-81-31, for an arcade center in Lakewood Mall in a C -S zone. 3. Set September 14, 1981 as the date for public hearing on proposed amendments to the City Zoning Ordinance pertaining to fences. 4. Made the finding that the Capital Improvement Program 1981 - 85, as presented by Mr. Ronsko, Public Works Director, is consistent with the Lodi City General Plan as of meeting date. COMMUNICATIONS City Clerk apprised the Council that a letter had been received from Bob Zamora, owner of Lodi Honda, 1700 S. COMPLAINT RE Cherokee Lane, requesting that the Oleander medium on CHEROKEE LANE Cherokee Lane from Almond Drive to Poplar Street be trimmed OLEANDERS down to a height of three feet. v The Clerk apprised Council that she had received a request v that this matter be held over to the meeting of September 16, 1981. Continued September 1, 1981 Council tacitly concurred to continue the matter to the regular Council meeting of September 16, 1981. CITY RECEIVES City Clerk Reimche presented a check which had been CHECK FR0M OLD LODI received from the old Lodi High School Foundation in UNION HIGH SCHOOL SITE the amount of $2,450.00. FOUNDATION CITY OF RIO VISTA NO City Clerk Reimche presented a letter from the City of LONGER ABLE TO Rio Vista advising that the City of Rio Vista will no PARTICIPATE IN FUNDING longer be able to participate in the funding of the OF GREYHOUND SERVICE Greyhound service through Rio Vista into the City of THROUGH RIO VISTA Lodi. This decision was made by the Rio Vista City INTO CITY OF LODI Council after their inability to secure subsidy from surrounding communities to maintain the service. COMMENTS BY CITY No comments were submitted by members of the Council COUNCILMEN under Agenda item "Comments by City Councilmen". REPORTS OF THE CITY In accordance with report and recommendation of the City MANAGER Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Pinkerton, Murphy CONSENT CALENDAR second, were approved by the Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $759,024.69. AWARD - CLASS II City Manager Glaves presented the following bids which SLURRY SEAL TO CITY had been received to apply Class II Slurry Seal to City STREETS Streets: RES. NO. 81-118 California Pavement Maintenance Co., Sacramento, CA Total SIF 492,890 - $18,877.20 Following recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 81-118 RESOLUTION AWARDING THE BID TO APPLY CLASS II SLURRY SEAL TO CITY STREETS TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY IN THE AMOUNT OF $18,877.20. ITEM REMOVED FROM With the tacit concurrence of the City Council, agenda AGENDA item "c", - "Award - Street Division Dump Truck" was removed from the agenda. RAILROAD CROSSING Council was informed that as part of the Turner Road AGREEMENT CLUFF and Cluff Avenue Assessment District No. 1 Improvements, AVENUE STORM DRAIN the City will be installing a 60" storm drain in Cluff Avenue from Lockeford Street to Victor Road. A standard RES. NO. 81-119 crossing agreement with the S.P.R.R, is required in order _ for the City's contractor to install the line. It also includes City Maintenance conditions. RESOLUTION NO. 81-119 COUNCIL APPROVED THE CROSSING AGREEMENT FOR THE 60" CLUFF AVENUE STORM DRAIN WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY AND AUTHORIZED THE MAYOR AND CITY CLERK TO EXECUTE SAME FOR THE CITY EASEMENT FOR SANITARY Council was apprised that under the Assessment District SEWER, NORTH CLUFF now being formed on Cluff Avenue, sanitary sewers are AVENUE being constructed along Cluff Avenue. A branch line - to serve the area east is the responsibility of the _ City and it is in the best interests to install this line now prior to development of the property immediately adjacent to this line. Mr. Tonn's offer has been evaluated and is considered more than fair to the City. 3 Continued September 1, 1981 COUNCIL APPROVED THE AGREEMENT BETWEEN L. D. TONN AND THE CITY OF LODI FOR A PUBLIC UTILITY EASEMENT ON NORTH CLUFF AVENUE AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE SAME ON BEHALF OF THE CITY. NO PARKING ZONES Council was apprised that with the opening of K -Mart, ESTABLISHED ON EAST it can be expected that drivers of vehicles exiting the SIDE OF CHEROKEE two driveways will experience sight distance problems LANE IN VICINITY OF because of autos and trucks on Cherokee Lane being parked K -MART too near the driveways. In an effort to prevent acci- dents, the Engineering Department recommends two "No RES. NO. 81-120 Parking" zones as depicted on diagrams presented to the Council. On Staff's recommendation, Council adopted `- the following resolution: RESOLUTION NO. 81-120 RESOLUTION ESTABLISHING TWO "NO PARKING" ZONES - EAST SIDE OF CHEROKEE LANE IN THE VICINITY OF K -MART. HAM LANE AND Council was informed that in June, 1980, as a temporary BURGUNDY DRIVE measure to control traffic on Ham Lane until the west INTERSECTION one-half of the street was constructed to Century Boulevard, it became necessary to establish Ham and RES. NO. 81-121 Burgundy as a 3 -way stop. The construction of Ham Lane -.t p will soon be completed as planned, and upon completion, the stop signs on Ham Lane can be removed and the inter- section will function in a normal fashion. On recom- mendation of Staff, Council adopted the following resolution: RESOLUTION NO. 81-121 ` RESOLUTION RESCINDING RESOLUTION NO. 80-80 ESTABLISHING HAM LANE AND BURGUNDY DRIVE AS A 3 -WAY STOP INTERSECTION AND RETAINING THE STOP SIGN ON BURGUNDY DRIVE AT HAM LANE. SPECIAL INITIATIVE City Clerk Reimche certified that she had canvassed the ELECTION returns of the Special Initiative Election held August AUGUST 25, 1981 25, 1981 and reported the results thereof. On motion RESULTS of Mayor Pro Tempore Murphy, Katnich second, the City Council adopted the following resolution. The motion RES. NO. 81-122 carried by unanimous vote. RESOLUTION NO. 81-122 DECLARING RESULTS OF ELECTION WHEREAS, a Special Initiative Election was held and conducted in the City of Lodi on Tuesday, the 25th day of August, 1981, as required by law; and WHEREAS, it appears from the report of the City Clerk and the records on file in her office that voting precincts were properly established and the polling places thereof designated; that election officers were appointed and qualified; that election supplies, including official ballots, were furnished each of said precincts; and that in all respects, said election was held and conducted and the votes received thereat were received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State providing for and regulating elections in general law cities; and 4 Continued September 1, 1981 WHEREAS, in accordance with Resolution No. 81-71, the City Clerk conducted the canvass of the returns of said election; and WHEREAS, the City Council of the City of Lodi, meeting at the Lodi City Council Chambers this 1st day of September, 1981 to declare the results of election, finds, determines and declares as a result of said count and canvass as certified by the City Clerk: (1) that said Special Initiative Election was held and conducted in the City of Lodi, California, on the 25th day of August, 1981 (2) that there were nine voting precincts established in said City for the purpose of holding said election, viz: VOTING PRECINCT 1 - Comprising State and County Precinct Numbers L2401, L2402, L2414 VOTING PRECINCT 2 - Comprising State and County Precinct Numbers L2403, L2404, L2408 VOTING PRECINCT 3 - Comprising State and County Precinct Numbers L2405, L2406, L2426, L2490 VOTING PRECINCT 4 - Comprising State and County Precinct Numbers L2407, L2409, L2424 VOTING PRECINCT 5 - Comprising State and County tti Precinct Numbers L2422, L2423 VOTING PRECINCT 6 - Comprising State and County Precinct Numbers L2410, L2411, L2412 VOTING PRECINCT 7 - Comprising State and County Precinct Nembers L2413, L2415, L2418 VOTING PRECINCT 8 - Comprising State and County Precinct Numbers L2416, L2417, L2425 VOTING PRECINCT 9 - Comprising State and County Precinct Numbers L2419, L2420, L2421 (3) that the whole number of votes cast at said election was Seven Thousand Three Hundred Forty (7,340) (4) that the total number of votes cast for and against the measure i "THE PEOPLE OF THE CITY OF LODI DO ORDAIN AS FOLLOWS: _ Shall the Ordinance 1. It shall be the policy of the City of Lodi to protect land in the Green Belt area in order to preserve and protect agricultural land, preserve the scenic value of the area, protect wildlife habitat and natural resources and to protect the small city character of Lodi. 5 Continued September 1, 1981 2. The Green Belt area shall be designated as the area between the outer limits of the incorporated city and the outer limits of the adopted sphere of influence at the adoption of this ordinance. 3. To affect the policy of the City of Lodi to protect land in the Green Belt area, non-agricultural develop- ment in the City of Lodi which lies adjacent to the Green i Belt area shall be permitted only after a finding by the City Council that such non-agricultural development will not interfere with the continued productive use of agricultural land in the Green Belt area or that an adequate buffer or mitigation zone exists to assure continued productive use of agricultural land in the Green Belt area. 4. At the time of adoption of this ordinance, the Green Belt area shall be removed from the existing Land Use Element of the General Plan of the City of Lodi. 5. Before land in the Green Belt area can be annexed by the City if Lodi, an amendment to the City's Land Use Element of the General Plan must be made and approved by a majority of the people voting in a city-wide election. 6. Before any annexation proposal can be approved, the City Council must make the finding that the proposed annexation is contiguous to existing city boundaries and the projected demand from the proposed development in the area to be annexed will not exceed the service capacity of existing municipal utilities and services, i 1 the school district, and existing roadways. 1 7. Water, sewer, and electrical facilities shall not be expanded or extended until the City Council makes the finding that a proposed expansion or extension is consistent with the goals, policies and land use desig- nations of the General Plan and this ordinance. 8. The City of Lodi may hold elections in consolidation with other scheduled elections in the City for the purpose of allowing voters to voice their opinions on amendments to the City's Land Use Element of the General Plan. 9. if any portion of this ordinance is hereafter determined to be invalid, all remaining portions of this ordinance shall remain in force and effect and to this extent the provisions of this ordinance are seperable. be adopted?" was as shown on Exhibit "A" attached hereto (as set forth below) and thereby made a part hereof. RESOLVED, that the results of the Special Initiative Election held in the City of Lodi on August 25, 1981 show that a majority of the voters have voted in favor of the measure and pursuant to State of California Elec- tions Code Section 4013, the Ordinance heretofore set forth shall be considered as adopted upon the date that the vote is declared by the legislative body, and shall go into effect 10 days after that date. Upon the adoption of this Resolution, the City Clerk shall enter a full copy thereof on the records of the City Council of the City of Lodi for its meeting held the lst day of September, 1981. IMM 6 Continued September 1, 1981 Exhibit "A" -6- CITY OF LODI RESULTS - SPECIAL INITIATIVE ELECTION August 25, 1981 Ballots Registered Precinct Yes No Voted Voters Percent 1 421 207 628 1839 34% 2 560 300 860 2453 358 3 361 273 634 1757 368 4 484 266 750 1800 42% 5 447 331 778 1569 50% 6 506 291 797 1851 438 7 547 357 904 2057 44% 8 382 362 744 1530 49% 9 570 341 911 2015 458 Absent Ballots 215 119 334 .019% Totals 4493 2847 7340 16,871 III AWARD - GAS AND City Clerk Reimche apprised the Council that pursuant OIL LEASE WHITE to the City of Lodi Resolution No. 81-80 entitled, SLOUGH PROPERTY "A Resolution of the City Council of the City of Lodi, California, Declaring its Intention to Call for Bids RES. NO. 81-123 for a Certain Oil and Gas Lease and Making Findings in Connection Therewith", the following bids were received ` by the City Clerk and opened at the August 19, 1981 Council Meeting: BIDDER BID City of Santa Clara $10,005.00 - cash bonus including first year's rent Texas Oil and Gas Corp. $15,000.00 - cash bonus including first year's rent Following recommendation of the City Manager, Council, on motion of Councilman Murphy, Pinkerton second, adopted Resolution No. 81-123 awarding the bid for Oil and Gas Lease (White Slough Water Pollution Control Plant Property) to Texas Oil and Gas Corporation, the high bidder, in the amount of $15,000.00. VOTING DELEGATE AND Following introduction of the matter, Council, on motion ALTERNATE of Councilman Hughes, Katnich second, designated Mayor DESIGNATED FOR ANNUAL McCarty as the voting delegate and Mayor Pro Tempore LEAGUE OF CALIFORNIA Murphy as the voting alternate for the annual League CITIES CONFERENCE of California Cities Conference to be held in San v =-, Francisco in October. -6- 7 Continued September 1, 1981 TAX RATE ESTABLISHED City Manager Glaves reported that it will be necessary FOR 1981-82 to set a tax rate for 1981-82 sufficient to return $446,656.67 for the City of Lodi Bond Debt Service. RES. NO. 81-124 On the basis of the property values as reported to the City on August 11, 1981 of $790,140,315., more or less, {l an imposition of .0564 per $100 of value will generate $446,650. r jR Following discussion, on motion of Mayor Pro Tempore Murphy, Katnich second, Council adopted Resolution No. 81-124 fixing the tax rate for the City of Lodi for Fiscal Year 1981-82 pursuant to the calculations heretofore set forth. RESOLUTION ADOPTED Following introduction of the matter by City Manager APPROVING APPLICATION Glaves, and a lengthy discussion, Council, on motion FOR 1980 STATE GRANT of Councilman Katnich, Murphy second, adopted Reso- MONEYS lution No. 81-125 approving the application for 1980 State Grant Moneys Project - Salas Park Development. RES. NO. 81-125 The motion carried by unanimous vote. CLOSED SESSION Council adjourned to closed session at 8:30 p.m. City Clerk Reimche was excused from attending by Mayor McCarty. The Council reconvened at 9:15 p.m. RESOLUTION GRANTING On motion of Councilman Katnich, Hughes second, the INCREASES ON SALARY following monthly salary ranges for certain unclassified RANGES FOR CERTAIN personnel hereinafter set forth was established effective UNCLASSIFIED the pay period beginning July 6, 1981: PERSONNEL Community Development Director $2760/3370 per month - RES. No. 81-126 r.,v ru Finance Director $2730/3340 " -�4 Fire Chief $2855/3485 " Police Chief $3005/3675 " Public Works Director $3165/3865 " Recreation Director $2540/3100 " Utility Director $3095/3785 " Administrative Assistant $1950/2380 " Assistant City Manager $2770/3390 " The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, Murphy, and Pinkerton Noes: Councilmen - McCarty Absent: Councilmen - None ALICE M. REIMCHE On motion of Councilman Pinkerton, Murphy second, Council DESIGNATED TO SERVE adopted Resolution No. 81-127 - that effective September IN A FULL-TIME 1, 1981, Alice M. Reimche was designated to serve in a CAPACITY AS CITY full-time capacity as the City Clerk of the City of Lodi CLERK with her duties to be as set forth in the statutes of the State of California amending her job title to be RES. NO. 81-127 that of City Clerk of the City of Lodi, and removing her position from the Classified Service of the City of - Lodi. The motion carried by unanimous vote. -7- Continued September 1, 1981 SALARY INCREASES On motion of Councilman Katnich, Murphy second, Council GRANTED TO CITY adopted Resolution No. 81-128 granting the City Attorney a ATTORNEY AND 9% salary increase effective the pay period beginning CITY CLERK July 6, 1981. The motion carried by unanimous vote. RES. NO. 81-128 On motion of Councilman Pinkerton, Murphy second, Council adopted Resolution No. 81-129 granting the City Clerk a RES. NO. 81-129 10% salary increase effective the pay period beginning July 6, 1981. The motion carried by unanimous vote. Council tacitly concurred that the employees covered by the heretofore listed increases will have the option of using a portion of the increase (7%) toward P.E.R.S. contributions. ACTION DEFERRED ON On motion of Mayor Pro Tempore Murphy, Hughes second, CITY MANAGER'S Council deferred action on the City Manager's salary. SALARY The motion carried by unanimous vote. ORDINANCES Ordinance No. 1234 entitled, "An Ordinance Approving General Plan Land Use Element Amendment No. GPA -LU -81-2", ORDINANCE APPROVING which consists of: GENERAL PLAN LAND USE ELEMENT AMENDMENT Section 1. - The request of Millard Fore, Jr., and NO. GPA -LU -81-2 Thomas Hom to redesignate a strip of land 198 feet north of the future centerline of West Tokay Street and 949 ORD. NO. 1234 feet west of Lower Sacramento Road from Low Density ADOPTED Residential to Office -Institution; and Section 2. - The request of James L. Gerard, et al to redesignate the 5.59 acre parcel at 1110 West Kettleman _ Lane in the Vineyard Business Center from Office - Institutional to Commercial - having been introduced at a regular meeting held August 19, 1981 was brought up for passage on motion of Councilman Pinkerton, Murphy second. Second reading was omitted after reading by title, and the Ordinance was then passed, adopted, and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katnich, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - None ORDINANCE REZONING Ordinance No. 1235 entitled, "An Ordinance Rezoning a STRIP OF LAND IN Strip of Land 198 Feet North of the Future Centerline AREA OF W. TOKAY of West Tokay Street and 949 Feet West of Lower Sacramento AND LOWER SACRAMENTO Road From R-1, Single -Family Residential, to R -C -P, ROAD Residential -Commercial -Professional", having been intro- duced at a regular meeting held August 19, 1981 was brought ORDINANCE NO. up for passage on motion of Mayor Pro Tempore Murphy, 1235 ADOPTED Katnich second. Second reading was omitted after reading by title, and the Ordinance was then passed, adopted, J and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katnich, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - None -8- 9 Continued September 1, 1981 ORDINANCE Ordinance No. 1236 entitled, "An Ordinance Amending AMENDING P -D (15) P -D (15), Planned Development District No. 15, to TO PERMIT C -S Permit C -s, Commercial Shopping Uses on the 5.59 Acre USES ON 5.59 ACRE Parcel at 1110 West Kettleman Lane!', having been intro - PARCEL AT 1110 duced at a regular meeting held August 19, 1981 was W. KETTLEMAN brought up for passage on motion of Mayor Pro Tempore j LANE Murphy, Pinkerton second. Second reading was omitted !i after reading by title, and the Ordinance was then passed, ORD. NO. 1236 adopted, and ordered to print by the following vote: ADOPTED Ayes: Councilmen - Hughes, Katnich, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting at approxi- mately 10:20 p.m. Attest: x // Elhc-K Z 4k ALREIfHE City Clerk -9-