HomeMy WebLinkAboutMinutes - April 2, 19809J
CITY COUNCIL, CITY OF LODI
CITY 'HALL COUNCIL CHAMBERS
APRIL 2, 1980
A regular meeting of the City Council of the City of Lod'_ was
held beginning at 8:00 p.m., Wednesday, April 2, 1980 in the
City =all Council Chambers.
ROLL CALL
Present: Councilmen - Hughes, Katnich, McCarty
Pinkerton, and Katzakian
(Mayor)
Absent: Councilmen - None
Also
Present: City Manager Glaves, Assistant City
Manager Glenn, Public ;Forks Director
Ronsko, Community Development Director
Schroeder, City Attorney Stein, and
City Clerk Reimche
INVOCATION
The invocation was given by Pastor Ermal Williamson,
Lodi People's Community Church.
PLEDGE
Mayor Katzakian led the Pledge of Allegiance to
the flag.
MINUTES
On motion of Councilman Pinkerton, Katnich second
Council approved the Minutes of March 11 and March 19,
1980 as written and mailed.
PUBLIC
HEARINGS
Notice thereof having been published in accordance
with law and affidavit of publication being on file
in the office of the City Clerk, Mayor Katzakian
`
called for the Public Nearing to consider the appeal
filed on behalf of McDonald's Corporation of the
Planning Commission's denial of that Corporation's
request to install a drive -up window at an existing
restaurant located at 200 West Lodi Avenue, Lodi.
Council was reminded that the appellant's request,
this matter which had been initially set for
February 6, 1980 had been deferred to this Council
meeting.
The matter was introduced by Public Works Director
Hack Ronsko who presented diagrams of the subject
area for Council's perusal.
Speaking on behalf of the appeal were:
a) Mr. Robert Mertz, Attorney at Law, 121 W. Pine
Street, Lodi, representing the appellant.
b) Mr. Don Schrader, McDonald's Corporation, 200
;Jest Lodi Ave., Lodi.
c) Ms. Carol Pohlman, 709 Rimby Ave, Lodi.
d) Mrs. Mike Tortorelli, 822 S. School Street, Lodi
T' -ere were no other persons wishing to speak on the
Natter, and the public portion of the hearing was
closed.
Council discussion followed with questions being
directed to Staff and to those persons in the
audience who had given testimony.
'^ouncilman Hughes moved that the matter be returned
to the Planning Commission and/or Site Plan and
92
April 2, 1990 continue
2. Approved the requests of Mr. Terry Piazza,
Baumbach and Piazza, Consulting Engineers on
behalf of Sanguinetti and Arnaiz for a Tentative
Subdivision Map and 14 Use Permits to convert Lots
35-48 of the Mokelumne Village Subdivision to
condominiums located on Awani and Otta Drives in
an area zoned R -LD, low density multiple family
residential.
3. Approved the request of Mr. Vernon Ekstrom
for a Tentative Parcel Map to create 3 lots from
the existing 1.69 acre parcel at 490 East Kettle -
man Lane in an area zoned C-2, general commercial
and R-2, single-family residential.
4. Approved the request of Mr. Terry Piazza,
Baumbach and Mazza, Consulting Engineers, on
behalf of Mr. James Finnegan for a Tentative
Subdivision Mao for Woodbrook, a 3.7 acre, one -
parcel condominium project on the east side of
South Hutchins Street, north of Century Boulevard
(i.e. 1834 South Hutchins Street) in an area zoned
P. -MD, medium density multiple family residential.
Architectural Review Committee for review.
The motion was seconded by Councilman Pinkerton,
but failed to pass by the following vote:
Ayes: Councilmen - Hughes
Noes: Councilmen - Katnich, McCarty, Pinkerton
and Katzakian
Absent: Councilmen - None
Councilman `:McCarty then moved to deny the appeal
filed on behalf of. McDonald's Corporation of
the Planning Commission's denial of that Corpor-
ation's request to install a drive -up window at
an existing restaurant located at 200 West Lodi
Avenue., Lodi and directed Staff to cooperate
with McDonald's to develop an alternate plan
that would be acceptable. The motion was
APPEAL OF
seconded by Mayor Pro Tempore Katnich, and carried
MCDONALD'S
by the following vote:
CORPORATION RE
DRIVE UP WINDOW
Ayes: Councilmen- Katnich,McCarty, and
DENIED
Pinkerton
Noes: Councilmen - Hughes and Katzakian
Absent: Councilmen - None
City Manager Glaves gave the following report of
the Planning Commission meeting of March 24, 1980:
PLAN`IING
The Planning Commission -
COMMISSION
1. Received for information only the request of
ITEMS OF
the San Joaquin County Planning to reclassify
INTEREST
property in an area bounded by Peltier Road on
the north; SPRR, town of Acampo, May Road, Rhode
Road, and the Mokelumne River on the east, Wood-
bridge Road on the south and Interstate 5 on the
west from GA -5 and GP. -40, general agriculture to
GA -10, GA -20, GA -40 and for GA -80, general agricul-
ture.
2. Approved the requests of Mr. Terry Piazza,
Baumbach and Piazza, Consulting Engineers on
behalf of Sanguinetti and Arnaiz for a Tentative
Subdivision Map and 14 Use Permits to convert Lots
35-48 of the Mokelumne Village Subdivision to
condominiums located on Awani and Otta Drives in
an area zoned R -LD, low density multiple family
residential.
3. Approved the request of Mr. Vernon Ekstrom
for a Tentative Parcel Map to create 3 lots from
the existing 1.69 acre parcel at 490 East Kettle -
man Lane in an area zoned C-2, general commercial
and R-2, single-family residential.
4. Approved the request of Mr. Terry Piazza,
Baumbach and Mazza, Consulting Engineers, on
behalf of Mr. James Finnegan for a Tentative
Subdivision Mao for Woodbrook, a 3.7 acre, one -
parcel condominium project on the east side of
South Hutchins Street, north of Century Boulevard
(i.e. 1834 South Hutchins Street) in an area zoned
P. -MD, medium density multiple family residential.
April 2, 1980 continued
S. Approved the request of R. W. Siegfried
and Associates on behalf of Stone Brothers and
Associates for approval of a Tentative Parcel Mao_
for the Lakewood Mall Shopping Center located on
North Ham Lane between West Elm Street and West
Lockeford Street, to correct a property line which
does not correspond with a building wall line
and to map parcels referred to only by deed.
6. Determined that a Zoning Hardship existed
and granted the request of Mr. Joseph M. Battaglia
for Variances to reduce the required rear vard
from 731 feet to 2 feet and the recuired side yard
from 5 feet to 4 feet to permit the connection of
an existing dwelling with an existing accessory
building at 632 North School Street in an area
zoned R -HD, high density multiple family residential.
7. Recommended that the San Joaquin County Planning
Commission approve the request of Mr. Jim Hoagland
and on behalf of Plastaket, Inc. to rezone a 2 acre
parcel on the south side of State Highway 12, 630
feet east of the Central California Traction Company
right-of-way (i.e. 6620 East Highway 12)
from 1 -PA, interim protected agriculture to M-1,
Limited Industrial.
COMMUNICATIONS
City Clerk Reimche presented a letter which had
APPEAL RE PUBLIC been received from George Zofcin of John C. Cope
ACCESS TO Co. Prooerties Inc., 555 West Benjamin Holt Drive,
MOKELUMP!E RIVER Suite 316, Stockton, California advising that at
IN AREA OF RIVER- the March 10, 1980 meeting the City Planning Com -
GATE MOKELUMNE mission, a condition of the approved planned
SUBDIVISION development was:
"That public access be provided to the Mokelumne
River along the west and north sides of Lot 72,
Rivergate as was originally recuired in the approval
of the Rivergate Mokelumne Subdivision."
Mr. Zofcin further states that "we have determined
that this condition is not in the best interests
of the City of Lodi, the present and future residents
of Rivergate, nor the public, therefore, "we"
respectfully request an appeal to the Citv Council
for further consideration."
On motion of Mayor Pro Tempore Katnich, Pinkerton
second, the matter was set for Public Hearing
Tuesday, April 15, 1980 at 8:00 p.m.
City Clerk Reimche presented for Council's perusal
PUC APPLICATION an application before the Public Utilities Commission
of the State of California of Greyhound Lines, Inc.,
for authorityto operate bus service between the
junction of Interstate Highway 80 and California
Highway 12 at Fairfield and Lodi, serving all inter-
mediate points.
TIBURON ACKTO:v'- The City Clerk presented a letter from Joan R.
LEDGES R=C IPT OF Bergsund, Mayor of the Town of Tiburon acknowledging
CHECKCHECK rOyA�J1J� I`(receipt of the $200.00 check sent to them to assist
TIO". in the litigation of the case in the U. S. Supreme
Court - Agins vs. City of Tiburon.
ABC LICENCE City Clerk Reimche presented the following appli-
cation for Alcoholic Beverage License issued to
Club 15 - Pearson, Charles H./ Colleen M., 15 S.
Sacramento Street, Lodi.
-3-
94
April 2, 1980 continued
City Clerk Reimche presented the following Claim
CLAIMS received by the City, advising that it is the
recommendation of R. L. Kautz and Company, the
City's Contract Administrator, and the City
Attorney that the claim be denied.
Jennean Jordan vs. City of Lodi, Loss Date:
December 19, 1979.
On motion of Councilman Pinkerton, Katnich second,
Council rejected the claim presented by Jennean
Jordan and referred same to R. L. Kautz and
Company, the City's Contract Administrator.
City Clerk Reimche presented a letter which had
APPEAL OF been received from Vernon M. Ekstrom presenting
VERNON EKSTROM the following points for consideration by the
Council :with reference to the letter he received
from the Planning Department of March 25, 1980:
a. A definitive answer is requested to know
whether the 23� ft. right-of-way specified is to
be a portion of the existing 5 ft. easement or an
additional 235 foot beyond the edge of the sidewalk.
b) The requirement for curb, gutter and sidewalk
on Academy Street. "We" believe the Planning
Commission intended that this applies only to
the 150 foot of the parcel being sold. Clarification
is needed.
c) "We" are unsure of the "necessary street work"
to be provided. Clarification requested.
d) Two fire hydrants presently exist, approx-
imately 528 feet apart. "We" do not believe
an additional :ire hydrant can be placed until
property development occurs.
closing paragraph concerns the Master Storm
Drain fee on Parcel "B". This "we" ask to be
held in abeyance until some development permits
are requested.
On motion of Councilman Pinkerton,McCarty second,
the matter was set for Public Hearing at 8:00 p.m.
Tuesday, April 15, 1980.
APPOINTMEENT Mayor Katzakian, with the concurrence of the City
07 JOANN71 Council, on motion of Mayor Pro Tempore Katnich,
HOFFMAN Hughes second, appointed Joanne Hoffman to fill
the unexpired term of Planning Commissioner Margaret
Talbot, which term expires June 30, 1982.
CITY ATTORNEY TO Councilman Pinkerton. asked City Attorney Stein
CHECK INTO CITY'S to check into the City's liability as to volunteer
LIABILITY TO help solicited for clean up work at the "Old"
VOLUNTEER WORKERS Tckav Nig^ School Site.
RE'OP.TS OF THE
CITY MANAGER In accordance with report and recommendation of
the City Manager, the following actions, hereby
set forth between asterisks, on motion of Council-
man Pinkerton, Katnich second, were approved.
CLAIMS CLAIMS WERE APPROVED IM '_'HE AMOL'.17 OF $1,042,500.70.
_U_
9 -
April 2, 1980 continued
SPECS FOR SPECIFICATIONS FOR THE PURCHASE OF A 300 KVA,
SUBSURFACE 3- 3-PHASE SUBSURFACE TRANSOFRMER REQUIRED -0 SERVE
PHASE TRANSFORMER A PORTION OF THE LOAD WITHIN DOWNTOWN LTT 7E'.GROUND
APPROVED DISTRICT 5, CONSTRUCTION OF WHICH WILL ^_AKE PLACE
IN THE FALL/WINTER OF 1980 WERE APPROVED AND COUNCIL
AUTHORIZED THE PURCHASING AGENT TO ADVER.TISE FOR
BIDS THEREON
CLASS II SLURRY COUNCIL APPROVED THE SPECIFICATIONS FOR CLASS II
SEAL SPECS SLURRY SEAL AND AUTHORIZED THE PURCHASING AGENT
APPROVED TO ADVERTISE FOR BIDS THEREON.
Council was apprised that the Hawaii and San
Francisco Investment Company, the developer of Las
Casitas, 'unit No. 1, has furnished the City with
the final map and the subdivision improvement plans,
as well as the necessary agreements, instruments
of credit, insurance certificate and development
fees for the proposed subdivision. There will be
an Electrical Utility Agreement and a billing for
the electrical system in this subdivision at the
time of construction. The subdivision is located
at the northwest corner of Lodi Avenue and Ham
Lane and consists of 39 lots zoned RGA. The approval
of the subdivision map would be contingent upon
receipt of the required easement within the common
area depicted as Parcel A on a diagram presented.
AGREEMENTS FOR COUNCIL APPROVED THE FINAL MAP, IMPROVEMENT PLANS,
LAS CASITAS
AND THE IMPROVEMENT SECURITIES FOR LAS CASITAS
SUBDIVISIO'i
SUBDIVISION CONTINGENT UPON RECEIPT OF THE REQUIRED
APPROVED
EASEMENT WITHIN THE COMMON AREA (PARCEL A?, AND
J ,y
AUTHORIZED THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY.
Council was informed that during the construction
of the force main from the Northeast Area Lift
Station to the existing sanitary sewer on East
Lockeford Street, it will be necessary to encroach
AGREEMENT RE
on the adjacent land to some extent. This land is
CONSTRUCTION
presently under a Trust Agreement of Marie Hallinan
EASEME17T ON
for which Thomas J. Hallinan and Moira Jane Gritsch
CLUFF AVENUE-_
are trustees, and they have agreed to provide the
;City of Lodi with a construction easement during the
APPROVED
period necessary for the installation of the force
main at no cost to the City. The property is in
escrow with Claude C. Wood Company, and the City has
received from Claude C. Wood verbal approval to the
easement. It is _`elt it is in the City's best interest
to proceed with this agreement at this time.
COUNCIL APPROVED THE AGREEMENT BETWEEN THOMAS J.
HALLINAN, MOIRA JANE GRITSCH, AND THE CITY OF LODI
PERTAINING TO A CONSTRUCTION EASEMENT AND AUTHORIZED
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
AGE*:DA ITEM
WITH THE TACIT CONCURRENCE OF THE CITY COUNCIL,
REMOVED FROM THE
AGENDA ITEM "f" - "APPROVE AGREEMENTS, CAMBRIDGE PLACE"
AGENDA
WAS REMOVED FROM THE AGENDA
ACCEPTANCE OF
Council was apprised that the contract which had been
ENGLISH OAKS
awarded to Argosy Construction of West Sacramento on
COMMONS CONCRETE
&July 18, 1979 in the amount of $66,438.50 for the
GRADING
improvements in "Engl-ish Oaks Commons Park" has been
completed in substantial conformance with the plans
_
and specifications approved by the City Council.
COUNCIL ACCEPTED THE IMPROVEMENTS IN "ENGLISH OAKS
COMMONS PARK" AND DIRECTED THE PUBLIC WORKS DIRECTOR
TO FILE' A `iOTICE' OF COMPLETION WITH THE COUNTY
RECORDER'S OFFICE.
-5-
96
April 2, 1990 continued
Council was apprised that the following bids had
been received for the Contract for "Downtown Under -
AWARD - ground District ^1o. 5".
DO'riNTO:d`; UNDER-
GROUND DISTRICT BIDDER AMOUNT
NO. 5
RES. NO. 80-49
W. R. -Thomason $105,174.75
Graffigna $111,254.55
Comconex $126,098.20
Following recommendation of the City Manager,
Council took the following action:
RESOLUTION N0. 80-49
RESOLUTION AWARDING THE CONTRACT FOR "DO.,;' -.TOWN
UNDERGROUND DISTRICT NO. 5, AREA BOUNDED BY CHURCH
STREET, SACRAMENTO STREET, LOCUST STREET, AND ELM
STREET" TO W. R. THOMASON, INC., THE LOW BIDDER,
IN THE AMOUNT OF $105,174.75
The following items were set for Public `earing
CONSIDERATION OF
April 15, 1980 at 8:00 p.m.:
ORDINANCES RE
VARIOUS UNIFORM
a. Consideration of proposed Ord. No. 1196 -
CODES SET FOR
Ordinance adopting the "Uniform Fire Code," 1979
PUBLIC HEARING
Edition
ORD. 1195 - 120'•_
b. Consideration of proposed Ord. Mo. 1197 -
INCLUSIVE
Ordinance adopting the "Uniform Building Code,"
1979 Edition -
i
C. Consideration of proposed Ord. No. 1198 -
_
Ordinance adopting the "Uniform Plumbing Code,"
1979 Edition
d. Consideration of proposed Ord. No. 1199 -
Ordinance adopting the "Uniform Mechanical Code,"
1979 Edition
e. Consideration of proposed Ord. No. 1200 -
Ordinance adopting the "Uniform Housing Code,"
1979 Edition
f. Consideration of proposed Ord. No. 1201 -
Ordinance adopting the "Uniform Code for the
Abatement of Dangerous Buildings", 1979 Edition
PURCHASE OF
REPLACEMENT OF
COUNCIL AUTHORIZED THE PURCHASE OF A REPLACEMENT
DAMAGED POLICE
FOR A DAMAGED POLICE VEHICLE AT A COST NOT TO
VEHICLE
EXCEED $5,000.00.
AUTH0R1ZEED
..............................:...........................:.
�:.: is i: S:.: �: is i:................................:: i: i::.:::: i.............
APPLICATION FOR
City Clerk Reimche apprised the Council that
`70MINATIO'i OF
sometime ago her office was contacted byMr. _
LOP.I '^ISSIO`d
Paul Roddy, a student working on a class assign -
ARCH TO NATIONAL
ment researching the history of the Lodi Mission
REGISTER OF
Arch for submittal to the State Historical
HISTORIC PLACES
Resources Commission .for nomination to the National
9 STATE LANDMARK
Register of Historic Places. Mr. Roddy is also
SITE
attempting to have the structure established as
a State Landmark. Council was also informed that
'
a letter had also been received, signed by a
number of representatives of the Lodi woman Club,
requesting permission to nominate the Lodi Mission
Arch for registry as a State Historical Landmark.
9l
April 2, 1980 continued
Mr. Roddy was in the audience and addressed the
Council regarding his work. Following discussion
with questions being directed to Staff and to Mr.
Roddy, Council, on motion of Councilman Pinkerton,
Hughes second, adopted Resolution No. 80-50 sup -
RES. NO. 80-50 porting the application for nomination of the Lodi
Mission Arch to the National Register of Historic
Places and granting authorization as the property
owner of the Arch as a proposed Landmark Site
to the Department of Parks and Recreation for
number, registration, and erection of a Fistorical
Landmark.
REVISED RATES FOR Following introduction of the matter by City Manager
SEASON TICKETS Glaves and recommendation of the Commission for
AND SWIMMING ?OOL Recreation and Parks, Council, on motion of Council -
ADMISSIONS FOR man Hughes, Katnich second, approved the following
1980 revised fee schedule for season tickets and swimming
pool admissions:
Family Swim Tickets increased from $17.50 to $20.00
Single Swim Tickets will remain at $10.00.
Daily admission charge for adults increased from
50t to 75t.
Daily admission charge for youths 18 and under
increased from 40t to 50t.
A letter which had been received from Robert Morris,
R. A., President of Morris and Wenell and Ron Judson
of Willow Oaks Industrial Park advising that their
WILLOW OAKS GOLF clients wished to do the following in regards to
COURSE the Willow Oaks Golf Course was presented for
Council's perusal:
r r 1. Abandon C1uff Road from the corner of the
Snelling property north to the existing Willow Oaks
parking lot.
2. They will provide the number of parking lot
spaces as per the existing planning ordinance require-
ments. This lot shall be constructed with 2" asphalt
over existing compacted base.
3. All excess areas beyond Item 2 will be oiled
and graded soil.
4. They will provide a temporary septic tank system
at the starter shack building per county health
department standards, which shall include a grease
trap. This septic system shall be temporary and
replaced when the final sewer system is installed.
S. The existing water is available on the site
and they would propose to continue using this water
subject to the health department.
They will install a 6" sewer line and a 4"
water line from starter shack to Turner Road within
five years or when outside utilities are installed,
whichever occurs first.
7. They will provide -adequate on-site terminal
storm drainage.
A proposed agreement as prepared by Staff was
outlined by City Attorney Stein and Public Works
Director Ronsko.
-7-
W101
triUk
April 2, 1980, continued
TEMPORARY WAIVER Mr. Ron Judson, representing Willow Oaks Industrial
OF DEVELOPMENT Park addressed the Council concerning the matter
REQUIREMENTS AT and responded to questions as were posed by Council.
WILLOW OA:{S
Following discussion, on motion of Councilman
APPROVED Pinkerton, Katnich second, Council approved the
proposed Agreement granting a temporary waiver of
development requirements at the Willow Oaks Golf
Course and authorized the City Manager and City
Clerk to execute the agreement on behalf of
the City.
RECESS Mayor Katzakian declared a 5 -minute recess, and the
Council reconvened at approximately 10:00 p.m.
Following introduction of the matter by City
RESOLUTION Manager Glaves, Council, on motion of Mayor Pro
APPOINTING Tempore Katnich, Pinkerton second, adopted Reso-
MEMBER AND ALTER- lution No. 80-51 authorizing Councilman Richard
:`NATIVE TO THE L. Hughes to serve as a member and City Manager
NCPA NON-PROFIT Glaves to serve as an alternate member on each
CORPORATIONS of the :our Northern California Power Agency non-
profit corporations to be formed; namely,
RES. NO. 80-51
Northern California Municipal Power Corporations
No. One
J
Northern California Municipal Electric Corporation
No. One
Northern California Municipal Power Corporation
No. Two
Northern California Municipal Electric Corporation
*'o . Two
Following recommendation of the City Manager,
AWARD- ASPHALT
and receipt of a breakdown of the bid results,
MATERIALS 4T=?
Council, on motion of Mayor Pro Tempore Katnich,
QUARTER F. Y.
Hughes second, adopted Resolution No. 80-52
79-80
awarding the contract for Asphalt Materials for
the 4th quarter of the fiscal year 1979-80 as
RES. NO. 90-52
follows:
Claude C. wood Company Item No. 1 A & C
Item No. 2 A & C
Granite Construction Co. Item No. 1B
Industrial Asphalt Item No. 2S
AGENDA ITEM
With the tacit concurrence of the City Council,
REMOVED FROM
Agenda item No. "p" - "Approve plans and specifi-
AGE"DA
cations for Lodi Lake Watermain and Bike Path"
was removed from the Agenda.
Following a report by Assistant City Manager Glenn
and Council discussion, Council, on motion of
Mayor Pro Tempore Katnich, Pinkerton second,
FIRE AND POLICE
accepted the Memorandums of Understanding for
UNIT MOU'S
the Police and Fire Units as presented by Mr.
ACCEPTED
Glenn.
TRANSFER OF FUNDS
Further, on motion of Mayor Pro Tempore Katnich,
TO COVER PAYROLL
Pinkerton second, Council approved the transfer
INCREASES GRANTED
of funds from the Contingency Fund to cover the
UNDER MOU'S
payroll increases covered under these Memorandums
�. PPROVED
o` Understanding.
9C
April 2, 1980 continued
Following Council discussion, on motion of Council-
man Hughes, Katnich second, Council approved the
transfer of $2800.00 which had been allocated for
the purpose of constructing a shade structure over
an existing concrete slab at Blakely Park to
accomplish the creation of a ponytail softball
diamond at Lawrence School.
City Manager Glaves presented for Council's perusal,
a letter he had received from Mr. Robert K. Elliott,
Attorney at Law, representing Thomas J. Carleton
which stated:
Re: Property of Thomas J. Carleton
and Donna J. Carleton at 307-325 West
Lockeford Street; Carleton Parcel Map
File No. -80-5
Dear Mr. Glaves:
Pursuant to our conversation of this morning relative
to the above referenced property, and in particular,
with reference to the requested Easement Deed for
a strip ten feet wide along the northerly boundary
of the Carleton property for public utility purposes,
as well and the four and one-half feet of additional
dedication for public street right of way along the
north side of :'lest Lockeford Street, please be
advised that because of an unfortunate misunderstanding
-.. our early negotiations, the tentative offer of
the City of Lodi and Pacific Telephone of $12,000
for the Easement in question (a photocopy of which
proposed Easement Deed is attached hereto) is not
acceptable to Dr. and Mrs. Carleton.
Council was informed that in the 1979-80 budget
PLRLIC UTILITY_
82900.00 had been allocated for the purpose of
EASEMENT
constructing a shade structure over an existing
CREATION 07
concrete slab at Blakely Park. Before actual
TWO SOFTBALL
purchase and installation of the shade structure,
FIELDS AT LAWRENCEits use and need as compared to other projects
PARK
was re-evaluated. Because of the increase in the
original of the attached Easement Deed, and will
City's ponytail softball program, it was concluded
otherwise comply with all conditions of the Planning
that the money could be more wisely spent for the
Commission's approval of -the tentative parcel map
creation of two softball fields at Lawrence School.
r�.
Lr
The money would be used to purchase a small backstop
?-
at approximately $1,000.00 as well as protective
of Lodi and/or Pacific Telephone Company of the
fencing for one of the ball diamonds. The other
said sum of 814,006.1.
diamond, which is presently being used for
baseball, would be converted to softball use and
needs little in the way of funds to accomplish
this.
Following Council discussion, on motion of Council-
man Hughes, Katnich second, Council approved the
transfer of $2800.00 which had been allocated for
the purpose of constructing a shade structure over
an existing concrete slab at Blakely Park to
accomplish the creation of a ponytail softball
diamond at Lawrence School.
City Manager Glaves presented for Council's perusal,
a letter he had received from Mr. Robert K. Elliott,
Attorney at Law, representing Thomas J. Carleton
which stated:
Re: Property of Thomas J. Carleton
and Donna J. Carleton at 307-325 West
Lockeford Street; Carleton Parcel Map
File No. -80-5
Dear Mr. Glaves:
Pursuant to our conversation of this morning relative
to the above referenced property, and in particular,
with reference to the requested Easement Deed for
a strip ten feet wide along the northerly boundary
of the Carleton property for public utility purposes,
as well and the four and one-half feet of additional
dedication for public street right of way along the
north side of :'lest Lockeford Street, please be
advised that because of an unfortunate misunderstanding
-.. our early negotiations, the tentative offer of
the City of Lodi and Pacific Telephone of $12,000
for the Easement in question (a photocopy of which
proposed Easement Deed is attached hereto) is not
acceptable to Dr. and Mrs. Carleton.
-9-
My clients have a bid by Avery Gassin, building
PLRLIC UTILITY_
contractor, to do the remodeling work necessary to
EASEMENT
allow division of the property as approved by the
DEDICATION
Planning Commission on February 25, 1980, for the
CARLETON
total sum of 814,006.41. Please be advised that
PARCEL
Dr. and Mrs. Carleton will execute and deliver the
original of the attached Easement Deed, and will
otherwise comply with all conditions of the Planning
�-
Commission's approval of -the tentative parcel map
(see letter of James B. Schroeder dated February 26,
1980, attached) upon.payment to them by the City
of Lodi and/or Pacific Telephone Company of the
said sum of 814,006.1.
-9-
Arpil 2, 1980 continued
Following discussion with questions being
directed to Staff, Council on motion of Councilman
McCarty,pinkerton second, approved the payment by
the City to Dr. and Mrs. Carleton, of the sum of
$8,006.41, as consideration for the granting of
the subject public utility easement, as a portion
of a total consideration of $14,006.41, the balance
of $5,000 being payable to Dr. and Mrs. Carleton
by the Pacific Telephone Conpany.
There being no further business to come before
ADJOURNMENT the Council, Mayor Katzakian adjourned the meeting
at a?proximately 10:30 p.m. to Tuesday, April 15,
1980 at 9:00 P.M.
Attest: F
ALICE M. RLIMCHE
CITY CLERK