HomeMy WebLinkAboutMinutes - December 9, 19815tt; 11.A (-it, iLo kQ)A INUvt.ivibhtx IZ5, 1y2511V11114U1r5
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
December 9, 1981
An adjourned regular meeting of the City Council of the City of Lodi was
held beginning at 8:00 p.m., Wednesday, December 9, 1981 in the City Hall
Council Chambers.
ROLL CALL
Present: Councilmen - Hughes, Katnich, Murphy,
Pinkerton and McCarty (Mayor)
Absent: Councilmen - None
Also Present: City Manager Glaves, Assistant City
Manager Glenn, Community Development
Director Schroeder, City Attorney
Stein, and City Clerk Reimche
INVOCATION
Mrs. Judy Johnson and Mr. Gary Borelli presented
selections of Christmas music in the spirit of the
approaching Christmas holidays.
PLEDGE
Mayor McCarty led the Pledge of Allegiance to the
flag
PUBLIC HEARINGS
Mayor McCarty announced that no Public Hearings had
been scheduled for this meeting.
PLANNING COMMISSION
Council received the following report of the Planning
Commission meeting of November 23, 1981:
The Planning Commission -
ITEMS OF INTEREST\ 1. Conditionally approved the request of Baumbach and
Piazza, Consulting Engineers, on behalf of Dennis Bennett
for a Tentative Subdivision Map of Homestead Oaks, a
4 -lot condominium project proposed for 511 Murray Street
in an area zoned C-1, Neighborhood Commercial.
2. Conditionally approved the request of Baumbach and
Piazza, Consulting Engineers, on behalf of John Zabelle
for a Tentative Parcel Map to create 3 -lots on the
north side of Cochran Road, west of the Woodbridge
Irrigation District right -o£ -way in an area zoned R-1,
Single -Family Residential.
3. Conditionally approved the request of Monte Seibel,
Land Surveyor, on behalf of Glen R. Ruth for a
Tentative Parcel Map to create two lots at 325 and 333
Harold Street, in an area zoned R -MD, Residential Medium
Density, Multiple Family.
4. Approved the request of U -Haul Company of Fresno to
extend a Use Permit until May 12, 1982 for a temporary
office trailer and truck and trailer rental at 450
North Cherokee Lane in an area zoned C-2, General Commercial.
5. Recommended that the San Joaquin County Board of
Zoning Adjustment approve the request of Joseph Newfield
for a Use Permit for a 31 -Unit recreational vehicles
campground at the northeast corner of State Route 99
and the Mokelumne River.
COMMUNICATIONS City Clerk Reimche apprised the Council that a Memorandum
had been received from the Community Development Director,
AMENDED LOT LINE James Schroeder, stating that there was a drafting error
ADJUSTMENT APPROVED on the map of the Lot Line Adjustment between Lots 255
LOTS 255 AND 256, and 256 in the Vineyard Subdivision, Unit No. 3 which
VINEYARD SUBDIVISION was approved on November 18, 1981. Following discussion,
UNIT #3 on motion of Mayor Pro Tempore Murphy, Hughes second
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Contined December 9, 1981
COMMUNICATIONS Council adopted Resolution No. 81-160A approving the
(Cont'd) corrected Lot Line Adjustment between Lots 255 and
256 in the Vineyard Subdivision, Unit #3.
DOWNTOWN ASSESSMENT Council received a report from the City Clerk that she
DISTRICT had completed the preliminary examination of the
Downtown Assessment District petitions and that it
would indicate that the proponents have accomplished
their task of obtaining the necessary signatures. The
petitions have now been forwarded to the engineers for
final verification and certification.
REQUEST FOR SEWER Following Council discussion, Council, on motion of
HOOK-UP DENIED Councilman Katnich, Pinkerton second, denied the request
received from Mr. Joseph Newfield for a sewer hook-up
✓�"� to the existing city sewer lines directly across the
Mokelumne River from the proposed recreational vehicle
park on the north side of the Mokelumne River just across
from Casa De Lodi Mobile Home Park.
REQUEST FOR REQUIRE- City Clerk Reimche apprised Council that a letter had
MENT TO COMPLETE been received from Mr. Bill Stemler, 1200 W. Lodi Avenue
INSTALLATION OF and Mr. Earl H. Johnson 305 S. Sunset Drive, requesting
SIDEWALKS ON EAST that Council require completion of installation of side -
SIDE OF SOUTH SUN- walks on the east side of South Sunset Drive, south of
SET DRIVE, SOUTH OF Lodi Avenue. Following Council discussion, with the
LODI AVENUE ;',1% tacit concurrence of the Council, this matter was
referred to Staff.
ABC LICENSES
Council received an application for Alcoholic Beverage
License from John P. Jensen and Judith Karker, John's
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Back Bay, 100 N. Cherokee Lane, Suite 5 - on -sale
general eating place.
LETTER OF APPRECIATION
City Clerk Reimche presented a letter which had been
RECEIVED RE: COUNCIL'S
received from Jack W. Corell, President Board of Trustees,
SUPPORT OF MEASURE
San Joaquin County Mosquito Abatement District and
A, THE SPECIAL TAX
J. Don Lawson, Treasurer, Friends of Measure A expressing
ASSESSMENT FOR
appreciation for the Council's endorsement of Measure A,
MOSQUITO CONTROL-,--
the special tax assessment for mosquito control.
RECEIVED REQUEST TO
Council referred to Ms. Charlene Lange, Community Relations
TRANSFER BRICK AND
Assistant, a letter which had been received from Mr. Milton
TILE APPRENTICE CLASS
E. Stirm, Chairman for the Joint Apprenticeship Committee,
TO AUTO SHOP AREA OF
Bricklayers and Allied Craftsmen, Local No. 12, requesting
LODI COMMUNITY CENTER
permission to transfer the Brick and Tile Apprentice
Class to the Auto Shop area of the Lodi Community Center
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if the Wood Shop area is to be renovated.
CLAIMS
On recommendation of R.L. Kautz and Company, and the
City Attorney, Council, on motion of Councilman Pinkerton,
Murphy second, denied the following Claim and referred
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same to R.L. Kautz and Company.
Michael Villarin - Date of loss August 29, 1981
CHECK RECEIVED Council received a check From the "old" Lodi High School
FROM OLD LODI HIGH Site Foundation in the amount of $5,000.00 and extended
SCHOOL SITE FOUNDA- sincere appreciation to the Foundation for all of its
TION,- �� efforts.
ALMOND DRIVE MOBILE City Clerk Reimche presented a letter which had been
ESTATES received from Laura E. Bainbridge, Attorney at Law
asking that Council at a shirt -sleeve session go out
and view the driveway at Almond Drive Mobile Estates.
On motion of Mayor Pro Tempore Murphy, McCarty second,
Council placed this matter on the agenda for the Informal
Informational meeting of January 5, 1982 and directed the
City Clerk to apprise Attorney Bainbridge of the date
and time.
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Continued December 9, 1981
COMMENTS BY CITY Mayor Pro Tempore Murphy and Council Pinkerton gave a
COUNCILMEN report on the National Congress of Cities Conference
they recently attended in Detroit.
UPDATE ON RECENT
NATIONAL CONGRESS OF 1
CITIES CONFERENCE
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 �'`." Via'
CLAIMS WERE APPROVED IN THE AMOUNT OF $624,894.54.
MINUTES
The minutes of November 4, 1981 were approved as written.
PLANS AND SPECS FOR
Council approved the plans and specifications for "Salas
"SALAS PARK CONCESSION
Park Concession Stand Fill" and authorized the City Clerk
STAND FILL" APPROVED
to advertise for bids thereon.
Council was apprised that in general, the work consists of
placing and compacting approximately 500 cubic yards of
fill within the Salas Park concession stand structure and
the project is estimated to cost approximately $8,500.00.
SPECS APPROVED FOR
Council approved the specifications for the purchase of one
PURCHASE OF TWO
500 KVA and one 750 KVA padmounted transformer and authorized
THREE-PHASE PAD-
the Purchasing Agent to advertise for bids thereon.
MOUNTED TRANSFORMERS
ALDON PLACE
Council approved the Final Map and Security Agreement for
SUBDIVISION FINAL
Aldon Place Subdivision and directed City Clerk to execute
MAP APPROVED
the agreement on behalf of the City.
This map is for a one -lot condominium subdivision comprised .
of eight separately owned condominium units and a common
area. It is located at 1311 South Central Avenue. The
off-site improvements are being installed under an
encroachment permit and no subdivision agreement is required.
1982 GENERAL
Following introduction of the matter by the City Clerk
MUNICIPAL ELECTION
Alice Reimche and discussion, Council took the following
actions pertaining to the 1982 General Municipal Election:
RES. NO. 81-164 -
81-168
a) On motion of Councilman Pinkerton, Murphy second,
determined not to consolidate with the County for the 1982
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General Municipal Election.
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On motion of Mayor Pro Tempore Murphy, Katnich second,
adopted Resolution No. 81-164 - Resolution calling a
General Municipal Election to be held April 13, 1982.
On motion of Councilman Katnich, Murphy second, adopted
Resolution No. 81-165 determining that no limit shall be
established on the amount of expenditures or contributions
for campaigns for the April 13, 1982 General Municipal
Election.
On motion of Councilman Katnich, Pinkerton second, adopted
Resolution No. 81-166 - Resolution adopting regulations
pertaining to the Candidates Statement for the April 13,
1982 General Municipal Election in that
1) No charges shall be levied to the candidate for the
printing, handling, or distribution of the Candidate's
Statement.
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Continued December 9,
1981
1982 GENERAL
2) The Candidate's Statement shall be limited to a maximum
MUNICIPAL ELECTION
of 200 words.
RES. NO. 81-164-81-168
3) Candidates for elective office will not be permitted to
(Cont'd)
prepare separately other materials to be sent to each
voter in addition to the sample ballot and the voters
pamphlet.
On motion of Councilman Pinkerton, Hughes second, Council
adopted Resolution No. 81-167 determining that there will
be filing fee charged for the processing of a candidate's
nomination papers for the April 13, 1982 General Municipal
Election.
On motion of Mayor Pro Tempore Murphy, Pinkerton second,
Council adopted Resolution No.81-168 approving agreement
with the County of San Joaquin Election Department to
provide equipment and various services for the April 13,
1982 General Municipal Election.
On motion of Councilman Katnich, Pinkerton second, Council
reaffirmed -its earlier position of providing oral assistance
only regarding bilingual voting requirements for the
April 13, 1982 General Municipal Election.
REYNOLDS' PARCEL
City Manager Glaves introduced Agenda item "g" asking that
REIMBURSEMENT
Council clarify its intent regarding the reimbursement
PAYMENTS DISCUSSED
payments which are to be made at the time the Reynolds
request water or sewer service or make major on-site
improvements to their property at 310 North Cluff Avenue.
Council was informed that Mr. Henry Reynolds recently
requested a meeting with staff to discuss conditions in
the agreement for conveyance of Cluff Avenue, Right-of-way.
At this meeting, Mr. Reynolds requested that the City
Council be asked to clarify their intent regarding the
reimbursements to the Assessment District for the
installation of the water and sewer mains fronting his
property. It was Mr. Reynolds' understanding that the
cost of the water and sewer mains was to be the
Assessment District's responsibility and that he would not
now or in the future share in the installation cost of
these utilities. He understood that he would pay the cost
of the sewer lateral and the connection fee. It was also
his understanding that the City would be responsible for
the installation of curb, gutter and sidewalk in exchange
for right-of-way but that the eight feet of paving on the
easterly side of Cluff Avenue would be his responsibility
at the time of development or request for water or sewer
service. The cost of the paving would be the amount the
City paid for the paving plus accrued interest.
The rate of interest was not addressed previously. Mr
Reynolds would like to know what that interest rate would
be. As a point of information, the interest rate on
the Northeast Area Sanitary Sewer Lift Station Reimbursement
Agreement is 10%. Staff feels that this would also be a
fair rate for the paving reimbursement.
A very lengthy discussion followed with questions being
directed to Staff and to Mr. Reynolds, who was in the i
audience. On motion of Councilman Katnich, Pinkerton -
second, Council confirmed that the City's adopted Utility
Reimbursement policy does apply to Reynolds and indicated
that it felt it was unjust to force Reynolds to tie onto
the sanitary sewer. Further Council asked for a study
of the sewer ordinance to see if it is viable..
RECESS Mayor McCarty declared a five-minute recess, and the meeting
was reconvened at approximately 9:35 p.m.
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Continued December 9, 1981
BUS ZONE ESTABLISHED Council was informed that Carolyn Wilson, Principal of
ON VINE STREET WEST OF Senior Elementary School, has requested that an additional
HAM LANE bus loading zone be installed on the south side of Vine
Street adjacent to the school. The school transports
RES. NO. 81-169 between 600 and 700 students daily. At the present time
there is a bus zone on Ham Lane sufficient for 2 buses
and the school has an on-site loading area sufficient
=o for 6 buses.
RES. PETITIONING Following introduction of the matter by Mayor McCarty,
BRD.OF SUPERVISORS TO Council on motion of Councilman Pinkerton, Murphy second,
CONSIDER CITY'S PRO- adopted Resolution No. 81-171 - Resolution petitioning
POSAL REGARDING USE the Board of Supervisors to consider the City of Lodi's
OF STATE PARKS AND Proposal regarding use of State Parks and Recreational
RECREATIONAL BOND Bond Subventions to Cities and County.
SUBVENTIONS TO
CITIES AND COUNTY
RES. 81-171
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Following discussion with questions being directed to
Staff and to Ms. Wilson who was in the audience, Council
on motion of Councilman Pinkerton, Murphy second, adopted
Resolution No. 81-169 establishing a bus zone on Vine
Street, west of Ham Lane.
APPROVAL OF INSTRU-
Following introduction of the matter by Staff, Council,
MENT MAINTENANCE
on motion of Councilman Pinkerton, Murphy second, approved
SERVICE SPECIFICA-
specifications for White Slough Instrument Maintenance
TIONS/WHITE SLOUGH
Service and authorized the Purchasing Agent to advertise
for bids thereon.
SPECS APPROVED
Specifications for the Salas Park Light Fixture Project
FOR SALAS PARK
were presented for Council's approval. Council was
LIGHT FIXTURE
apprised that installation after the materials have been
PROJECT
received will be done primarily by the Boosters of Boys
Sports organization. Funds for this project will be
derived from the 1976 and 1980 Bond Fund Programs.
On motion of Councilman Pinkerton, Katnich second, Council
approved the specifications for the Salas Park Light
Fixture Project and authorized the City Clerk to advertise
for bids thereon.
HUTCHINS STREET
Council was apprised that in June 1981, the City's
ENVIRONMENTAL IMPACT
consultant, CHIN Hill, began work on the Environmental
REPORT
Impact Report and a special traffic analysis for the
Hutchins Street Improvement Project. A public meeting
cz, - til
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was held in September to review the project. The
draft environmental impact report which includes the
traffic analysis is now ready for public circulation.
The Public Hearing is to receive comments on the adequacy
of the EIR and the project in general.
On motion of Mayor Pro Tempore Murphy, Pinkerton second,
PUBLIC HEARING SET
Council set the public hearing on the Hutchins Street
Improvement Project, Kettleman Lane to Pine Street, for
January 20, 1982 at 8:00 p.m.
COUNCIL SUPPORTS OF
Following introduction of the matter by Councilman Pinkerton
P.G.& E.
and Council discussion, Council, on motion of Mayor
Pro Tempore Murphy, Katnich second, adopted Resolution
RELICENSING OF ROCK
No. 81-170 - Resolution in support of P.G.& E. relicensing
CREEK/CRESTA AND
of Rock Creek/Cresta and Mokelumne Projects. The
MOKELUMNE PROJECTS
motion carried by the following votes:
RES. NO. 81-170
Ayes: Councilmen - Katnich, Murphy, Pinkerton, and
McCarty (Mayor)
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Noes: Councilmen - Hughes
Absent: Councilmen - None
RES. PETITIONING Following introduction of the matter by Mayor McCarty,
BRD.OF SUPERVISORS TO Council on motion of Councilman Pinkerton, Murphy second,
CONSIDER CITY'S PRO- adopted Resolution No. 81-171 - Resolution petitioning
POSAL REGARDING USE the Board of Supervisors to consider the City of Lodi's
OF STATE PARKS AND Proposal regarding use of State Parks and Recreational
RECREATIONAL BOND Bond Subventions to Cities and County.
SUBVENTIONS TO
CITIES AND COUNTY
RES. 81-171
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Continued December 9, 1981
City Manager Glaves apprised the Council that after the
first of the Year, NCPA will move its headquarters office
to the Roseville area. This decision was made to place
the office in a more central location, avoid high housing
costs and reduce business travel to the Energy Commission.
The present treasurer and controller are from the city of
Palo Alto. With the move, the Treasurer and Controller will
come from Roseville. This requires an amendment to the
Joint Powers Agreement. Other changes in wording, etc.
was outlined by City Manager Glaves for the benefit of
the Council.
AMENDMENT NO. 3 TO On motion of Councilman Pinkerton, Hughes second, Council
NCPA JOINT POWERS adopted Resolution No. 81-172 approving Amendment No. 3
AGREEMENT to NCPA Joint Powers Agreement and authorized the Mayor and
City Clerk to execute the Agreement on behalf of the
RES. NO. 81-172 City.
COUNCIL AUTHORIZES Following introduction of the matter by Councilman
SALE OF SCENIC OVER- Pinkerton, Murphy second, Council adopted Resolution No.
LOOK PROPERTY .. V' 81-173 authorizing the sale of the Scenic Overlook Property
C` 3� ) under the procedure set forth in Government Code Section
RES. NO. 81-173 25526 et seq.
AGREEMENT WITH Following introduction of the matter by City Manager
WEIGHT WATCHERS FOR Glaves, Council, on motion of Councilman Pinkerton,
USE OF CITY FACILITY Murphy second, approved an Agreement for use of a portion
APPROVED of the Carnegie Library by Weight Watchers and authorized
��_,•' *`-�1 the City Manager and City Clerk to execute the Agreement
on behalf of the City.
COMPLIANCE AUDIT FOR on motion of Councilman Pinkerton, Murphy second, Council
REVENUE SHARING AND received for filing Compliance Audit for Revenue Sharing
MANAGEMENT LETTER and Management Letter, City of Lodi, June 30, 1981 as
RECEIVED FOR FILING prepared by Ernst and Whinney.
REMY AND ASSOCIATES Following introduction of the matter by City Attorney
RETAINED TO DEFEND Stein, and Council discussion, Council on motion of
MEASURE A Councilman Katnich, Murphy second, appointed Remy and
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Associates to assist the City Attorney in the defense
✓'� of Measure A. The compensation will be at the rate of
$75.00 per hour.
Councilman Hughes addressed the Council stating that there
has been considerable discussion between the City Council
and the City Manager regarding the assurance of continuity
of performance in the positions of City Manager and
Department Heads, and I might add, considerable speculation,
and that he would like to lay this matter to rest.
CONTINUITY OF Section 17-2-1 of the City Code speak of mandatory retirement
PERFORMANCE OF CITY at the age of 65 unless there are circumstances, approved
MANAGER AND DEPART- by the City Council, to extend employment to the maximum
MENT HEADS age of 70.
The City Manager has been asked to assess his retirement
plans and those of his department heads. In this respect,
we would formally ask that the City Manager give the City
Council at least 6 months notice of his plans to retire
should he plan retirement earlier than the age specified
in the City Code.
Also that the language of Section 17-2-1 of the City Code
be clarified to provide, in as much as possible, adequate
advance notice to the City Council of planned retirements
of other key administrative personnel. Councilman Hughes
then asked that this statement be considered to be in the
form of a motion. The motion was seconded by Councilman
Katnich. The motion carried by unanimous vote. Following
Continued December 9, 1981
6
CONTINUITY OF an inquiry by Mayor McCarty, it was determined with the
PERFORMANCE OF CITY tacet concurrence of the Council that the final authority
MANAGER AND DEPART- to hire and discharge a City Manager will rest with the
MENT HEADS City Council. Council asked the City Manager to prepare
(Cont'd) a report regarding the matters included in the motion for
presentation to the City Council at its January 20, 1982
regular meeting.
ORDINANCES Ordinance No. 1244 - Ordinance approving General Plan
Land Use Element Amendment No. GPA -LU -61-3 which consists
of three sections:
Section 1: Redesignating the .62 acre parcel at 1435
Academy Street, Lodi from Low Density Residential to
Commercial;
GENERAL PLAN LAND Section 2: Redesignate the 2.30 acre parcel at 1420
USE ELEMENT AMEND- West Kettleman Lane, Lodi from Office -Institutional to
MENT NO. GPA -LU -81-3
Commercial.
ORDINANCE NO. 1244 Section 3: Redesignate parcel at 1001 Windsor Drive from
ADOPTED Low Density Residential to Office Institutional having
been introduced at a regular meeting of the Council held
November 18, 1981, was brought up for passage after reading
Cy t ;�? by title. On motion of Councilman Pinkerton, Murphy
(c '1 second, the Ordinance.was then adopted and ordered to
print by the following vote:
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Ayes: Councilmen - Katnich, Murphy, Pinkerton,
Hughes, McCarty (Mayor)
Noes: Councilmen - None
Absent: Councilmen - None
ORDINANCE REZONING
Ordinance No. 1245 - Ordinance rezoning the .62 acre parcel
.62 ACRE PARCEL AT
at 1435 Academy Street, Lodi from R-2, Single -Family
1435 ACADEMY STREET
Residential to C -M, Commercial -Light Industrial having
FROM R-2 TO C -M
been introduced at a regular meeting of the Council held
November 18, 1981, was brought up for passage after
ORD. NO. 1245
reading by title. On motion of Mayor Pro Tempore Murphy,
ADOPTED
Pinkerton second, the Ordinance was then adopted and order-
ed to print by the following vote:
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Ayes: Councilmen - Katnich, Murphy, Pinkerton,
C (��
Hughes, McCarty (Mayor)
Noes: Councilmen - None
Absent: Councilmen - None
Ordinance No. 1246 - Ordinance amending P -D (15), Planned
Development No. 15 to permit the 2.30 acre parcel at
1420 West Kettleman Lane to conform to the C -S, Commercial
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Shopping District, rather than the R -C -P, Residential -
Commercial -Professional District having been introduced
at a regular meeting of the Council held November 18, 1981
,\`\C\
C
was brought up for passage after reading by title. On
motion of Mayor Pro Tempore Murphy, Pinkerton second,
the Ordinance was then adopted and ordered to print by
the following vote:
Ayes: Councilmen - Katnich, Murphy, Pinkerton,
Hughes, McCarty (Mayor)
Noes: Councilmen - None
Absent: Councilmen - None
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Continued December 9, 1981
ADJOURNMENT There being no further business to come before the
Council, Mayor McCarty adjourned the meeting at
approximately 10:00 p.m.
ATTEST:
ALICE M. REIM HE
City Clerk
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