HomeMy WebLinkAboutMinutes - May 7, 1980CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
MAY 7, 1960
A regular meeting of the City Council of the City of Lodi was held
beginning at 9:00 p.m., Wednesday, May 7, 1980 in the City Hall
Council Chambers.
ROLL CALL
Present: Councilmen - Hughes, McCarty, Murphy
Pinkerton and Katnich (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 Reverend Robert Weishoff,
Emanuel American Lutheran Church.
Mayor Katnich reminded the Council that the giving
of an invocation at each Council meeting had been
originated some years ago by Councilman Ezra Ehrhardt.
Mayor Katnich complimented Councilman Ehrhardt on
this idea and wished him well.
PLEDGE
Mayor Katnich led the Pledge of Allegiance to the flag.
PRESENTATIONS
Mayor Katnich presented the following Proclamations:
a) May 12-16, 1980 as "Medical Assistants Week".
j\
,,.
b) Week of May 12, 1980 as "Nursing Home Week".
c) Proclamation urging the citizens of this
community to support the purchase of Veterans of
Foreign Wars Buddy Poppies.
A Community Service Award was presented to the City
of Lodi Public Works employees by the Safety Council.
MINUTES
On motion of Councilman Pinkerton, Murphy second, Counci
approved the Minutes of April 2 and 15, 1980.
PLANNI'3G
City Manager Glaves gave the following report on
COMMISSION.
the Planning Commission meeting of April 28, 1980:
The Planning Commission -
1. Determined that no public need existed and
UTILITY EASEMENT
recommended that the City Council abandon, except
LODI FAR
for the northerly 20 feet, a 20 foot, north -south
public utility easement through the property of
Lodi Fab Industries at 1029 South Sacramento Street.
2. Approved the request of Mr. Terry Piazza,
Baumbach and Piazza, Consulting Engineers, on behalf
ITEMS OF
of Mr. John Teresi to extend the Tentative Map of
INTEREST
Teresi Industrial Park, a 43.8 acre Industrial Tract
located at the northwest corner of the Central
California Traction Company right-of-way and East
Pine Street, 18 months from September 10, 1980 to
March 10, 1982.
3. Approved the request of Mr. Terry Piazza,
Baumbach and Piazza, Consulting Engineers, on behalf
of Mrs. Imelda Burke for the approval of a Tentative
Parcel Map to create Parcels "A" and "B" at 60
*forth Lower Sacramento Road, in an area zoned R-1,
Single -Family Residential.
4. Approved the request of McCarty Brothers by
Mr. Robert McCarty for a Use Permit to install
1 u 6
May 7, 1940 continued
COMHUNICATIONS
gasoline pumps in conjunction with an existing
liquor store at 2400 West Turner Road in an area
zoned P -D(1), Planned Development District No. 1.
5. Approved the request of Temple Baptist Church
for a Use Permit to construct a vulti-Purpose
Building and parking lot as Phase 11 of a church
comDlex located on the west side of Lower Sacramento
Road between West Tokay Street and West Vine
Street (i.e. 801 South Lower Sacramento Road)
in an area zoned P -D(16), Planned Development
District Dfo. =6.
S. Determined that a Zoning Hardship did not
exist and denied the request of Mr. Alex ^dicolaou
for a Variance to eliminate the required structural
connection between an existing single-family dwelling
ani a proposed duplex at 533 East Walnut Street in
an area zoned R -Hb, High -Density Multiple Family
Residential.
7. Recommended approval of the action initiated
by the San Joaquin County Planning Commission to
rezone the area generally bounded by State Route
12 on the north; Lower Sacramento Road on the east;
Eight Mlle Road on the south; and Thornton Road
on the west from I -PA., Interim Protected Agri-
culture; GA1, and GA -5, General Agriculture, to '
GA -10, GA -20, GA -40, and/or GA -80, General Agriculture.
3. Recommended that the San Joaquin County .".card
of Zoning Adjustment approve the request of Mr.
Len C. Smith for a Use Permit for a mobile broadcast
Studio and program office at the existing WIN
location on the north side of the Mokelumne River,
south of Woodbridge Road and east of Lower Sac-
ramento Road in an area zoned GA -20, General
Agriculture.
9. Recommended that the San Joaquin County Board
of Zoning Adjustment approve the request of the
Church of Jesus Christ of the Latter Day Saints
for a Variance to reduce the required 40 acre
minimum parcel size to 6.37 acres on the west
side of the Woodbridge Irrigation District Canal,
south o' the future extension of Century Boulevard
in an area zoned GA -40, General Agriculture with
the _following conditions:
a. That urbanization of the 6.37 acre Darcel not
be permitted until City Utility services are avail-
able and annexation to the City of Lodi is completed;
and
b. That the shape of the 6.37 acre parcel be
amended so that the frontage of remaining parcel
"B" on future Century Boulevard be 127.5 feet.
10. Recommended that the San Joaquin County
Board of Zoning Adjustment approve the request
of Claute C. Wood Company for an Excavation Permit
to continue excavations and the dumping of concrete —
at the north end of Myrtle Street, 3.250 feet
north of State Route 12 in an area zoned GA -10,
General Agriculture.
Co ncil was apprised that on June 11, 1979, Council
had by motion action consented to the County Counsels
representation of the City pursuant to the pro-
isions of Revenue and Taxation Code in the matter
of the Southern Pacific Transportation Company et
al vs. State of California Board of 7-aual4zation.
_..i5 Sui t� involvesa'_U3t;on of Southern Pacific
May 7, 1980 continued
property as done by the State Board of Equalization.
In a April 28, 1980 letter from County Counsel,
SOUTHERN PACIFIC it was requested that if the City of Lodi wishes
ET AL V. BOARD OF to tender defense to the County, the County should
EQUALIZATION, be notified in writing. On motion of Councilman
STATE OF Pin'.<erton, Murphy second, Council directed the
CALIFORNIA, SACRA -City Clerk to correspond with the San Joaquin County
MENTO SUPERIOR Counsel's Office regarding the City's desire to
COURT NO. tender defense to the County in the matter of the
282416 Southern Pacific Transportation Company, et al v.
Board of Equalization of the State of California
et al, Sacramento Superior Court No. 282416.
City Clerk Reimche presented a letter which had been
received from Ali A. Hussain requesting that the
street directly in front of his store located at
10 East Tokay Street, for approximately 110 feet,
be :,,.arked and painted for 15 minute parking. Mr.
Hussain stated that he has encountered problems
REQUEST FOR
with persons parking and leaving their automobiles
LIMITED PARKING
for several hours to all day within the subject
IN FRONT OF 10
area.
�. TOKAY
Mayor Katnich directed that the letter be referred
��
to the Public Works Department for investigation
V.
and recommendation.
City Clerk Reimche presented a letter which had
been received from Oscar H. Breitenbucher, President
SJC EDA
of the San Joaquin County Economic Development
BOARD MEMBER
Association advising of the resignation of Lodi's
ELMER ALTF.OW
representative Elmer Altnow. City Clerk Reimche
RESIG`iS
was directed to forward a letter of appreciation to
Mr. Altnow for his service to this community in
serving on -this board.
City Clerk Reimche presented a letter recieved
from Melvin Focha, Mayor, City of Escalon stating
that their City had recently learned that the City
of Lodi is self-insured and wanting to know the
possibilities of Escalon joining Lodi in such a
program.
ESCP.LOr;
City Clerk Reimche was directed to correspond with
INTERESTED IN
Escalon acknowledging receipt of their letter,
JOINING LODI IN
advising that the request had been turned over to
SEL: INSURANCE
Staff for review and recommendation and that they
PROGRAM
will be hearing from us shortly on the request.
City Clerk Reimche presented a letter from Senator
John Garamendi acknowledging receipt of the City's
letter concerning the Abandoned Vehicles Abatement
.i
Program. The letter states that the Abandoned
Vehicles Abatement Program was eliminated from
last year's budget as well, but after extensive
lobbying, the Program was restored to the budget.
Due to the upcoming vote on Proposition 9, a
legislative attempt to restore funding for the AVA
Program is uncertain at this time.
City Clerk Reimche presented the following Claims
received by the City of Lodi, advising that it is
the recommendation of R. L. Kautz and Company, the
City's Contract Administrator, and the City Attorney
that the Claims be denied.
12�
May 7, 1980 continued
a) Cheryl Wright vs. City of Lodi, Date of
Loss: October 10, 1979
b) Margaret Bergantz vs. City of Lodi, Date of
Loss: October 10, 1979
c) Gary Bender vs. City of Lodi Date of Loss:
CLAIMS November 17, 1979
d) William Harrison vs. City of Lodi Date of
Loss November 17, 1979
A
e) Douglas Thornton vs. City of -Lodi Date of
j - Loss: November 8, 1979
On motion of Councilman Pinkerton, Murphy second,
the Claims were rejected and referred to R. L.
Kautz and Company.
City Clerk Reimche presented the following
ABC application for Alcoholic Beverage License:
LICENSE
George Bandy (aka Jeerje J. Bendi), E 8 L Market,
_ 844 Central Ave., Lodi, Off Sale Beer and Wine.
APPRECIATION Mayor Katnich and the Council expressed their
EXTENDED TO sincere appreciation to the Students of the Lodi
ACADEMY STUDENTS Academy for their outstanding work in cleaning up
ON CLEA`; UP the "Old" Tokay High School site. Mayor Katnich
OPERATION AT "OLD"directed the City Clerk to write an appropriate
TOKAY HIGH letter of appreciation to these students.
SCHOOL SITE .°/
REPOR-_3 OF THE CITY MANAGER
Council was informed that the subdivider of
APPROVAL OF Cambridge Place, Phase l,at the request of the
SUBDIVISIOr AGREE -City, obtained bids from various contractors for
',r Eyr Ari-"; MEET of
._ .T �. D�.:.., _ the portion o� the work fronting Almon. Drive.
FOR 'CAP` -BRIDGE This work for the subdivider was authorized by the
PLACE PHASE 1 City Council at the meeting of April 15, 1980.
The Subdivider is willing to handle the additional
work at the contractor's cost. The City does not
feel that a better price could be obtained by
going to separate bid and it is Staff's recommendation
that the City Council authorize the subdivider to
proceed with the work by approving the agreement.
In accordance with the report and recommendation
of the City Manager, the following actions hereby
set forth between asterisks, on motion of Council-
man Pinkerton, McCarty second, were approved by
Council.
�. i: 1: 55 i. is %� i' ]: i: i' i' l..+. 1. ... J. !. J. J..•. J. A .4 J. J. ,L JS J. i: i: i• J.' :: iii i'i 1: 54 :i :i :f 56 ,r ,4 JA J!JJ
CL.IMS
Claims were approved in the amount of $1,180,387.96.
Council was apprised that as
pp part of the extension
SUBDIVTS70N
of the South Hutchins Street Frontage Road adjacent
AGREEttEI"T
to the Lodi Sports Center, it is necessary to
ADOENDUX, LODI
install the median curb and other related facilities
SPORTS C—EN ER
adjacent thereto. The Developer's contractor
has priced these improvements at $8,380.75. The
figure appears reasonable, and it is staff's
`
recommendation that the City Council approve the
City entering into an agreement to have the work
-
done.
COUNCIL APPROVED THE SUBDIVISION AGREEMENT ADDENDUM
`rIITH LODI SPORTS CENTER LTD FOR THE IMPROVEMENTS
HERETOFORE SET FORTH AND AUTHORIZED THE CITY
MP.NAGER AND CITY CLERK TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY.
Council was informed that the subdivider of
APPROVAL OF Cambridge Place, Phase l,at the request of the
SUBDIVISIOr AGREE -City, obtained bids from various contractors for
',r Eyr Ari-"; MEET of
._ .T �. D�.:.., _ the portion o� the work fronting Almon. Drive.
FOR 'CAP` -BRIDGE This work for the subdivider was authorized by the
PLACE PHASE 1 City Council at the meeting of April 15, 1980.
The Subdivider is willing to handle the additional
work at the contractor's cost. The City does not
feel that a better price could be obtained by
going to separate bid and it is Staff's recommendation
that the City Council authorize the subdivider to
proceed with the work by approving the agreement.
1`a
J
May 7, 1980 continued
COUNCIL APPROVED A SUBDIVISION AGREEMENT AMENDMENT
FOR CAMBRIDGE PLACE, PHASE 1 - TRACT 1633 AS
HERETOFORE SET FORTE AND AUTHORIZED THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY.
PLANS AND SPECS Council approved the plans and specifications for
APPROVED FOR "Central Avenue and Gutter Replacement, Elm to
"CENTRAL AVE. C!iRBLocust" and authorized the City Clerk to advertise
AND GUTTED. REPL•ACEior bids thereon.
MENT, ELM TO
LOCUST �. In general this work consists of removing and
replacing curb and gutter and some sidewalk,
installing 130 LF of 12" storm drain and 3 catch
basins, pavement removal and replacement and other
incidental and related.
Council was apprised that Jan Odland and Rand
Spraggins, the developers of 23 Maxwell Street
have furnished the City with the parcel map and
improvement plans as well as the necessary agreement,
surety bond and development fees for the proposed
project.
APPROVE DEVELOP- COUNCIL APPROVED THE DEVELOPMENT AGREEMENT AND
MENT AGREEMENT THE IMPROVEMENT SECURITY FOR THE DEVELOPMENT
23 MAXWELL STREET AT 23 MAXWELL STREET AND DIRECTED THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE DEVELOPMENT AGREEMENTS
ON BEHALF OF THE CITY.
v, Council was apprised that the following bids had
been received to apply Class II Slurry Seal to
City Streets:
AWARD -
CONTRACT TO
SUPPLY CLASS II
SLURRY SEAL TO
CITY STREETS
RES. NO. 80-63
Contractor
Calif. PavPavement Maint.
Co.
Valley Slurry Seal Co.,
Inc.
Total S/F Bid
152,640
152,640
$ 7,169.20
$ 7,586.21
Graham Contractors, Inc. 152,640 $14,500.00
Council adopted the following Resolution on recom-
mendation of the City Manager.
RESOLUTION NO. 80-63
RESOLUTION AWARDING THE BID TO APPLY CLASS TI
SLURRY SEAL TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY,
THE LOW BIDDER, IN THE AMOUNT OF $7,169.20
ACCEPTANCE OF Council was apprised that the contract for "City
"CITY HALL LAND- Hall Landscaping - Concrete and Block Work" which
SCAPING - CONCRETEhad been awarded to Case Construction of Lodi on
6 BLOCK u10RK" January 2, 1980 in the amount of $33,672 had been
completed in substantial conformance with the
plans and specifications approved by the City Council.
ACCEPTANCE OF CITYCOU":CIL ACCEPTED THE IMPROVEMEi1TS FOR "CITY HALL
HALL LAN D- LANDSCAPING - CONCRETE AND BLOCK WORK" AND DIRECTED
SCAPING CONCRETE THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF
BLOCK w0RK COMPLETION WITH TuE COUNTY RECORDER'S OFFICE.
Council was informed that Jim's Gardening Service
has been -maintaining various landscaped areas
.,iithin the City since July, 1979. The City recently
received a quotation from Jim's Gardening Service
to ;maintain the subject areas according to the
existing contract at an annual cost of 514,230
which is an increase of 3.8%. This renewal would
cover the period of July 1, 1990 to June 30, 1981.
126
May 7, 1930 continued
RENEWAL OF
COUNCIL APPROVED THE RENEWAL OF TvE LANDSCAPE
CONTRACT OF LAND-
MAINTENANCE CONTRACT WITH JIM'S GARDENING SERVICE,
SCAPED AREAS
LODI FOR THE 1930-81 FISCAL YEAR AS HERETOFORE SET
WITHIN THE CI"Y
FORTH AND AUTHORIZED THE CITY MANAGER AND r_ITY CLERK
OF TODI
TO EXECUTE THE RENEWAL DOCUMENT ON BEHALF OF THE
CITY.
Council was informed that Sentry Building Maintenance
RENEWAL OF
has provided janitorial service for the City Hall
BUILDING
Complex since October 1979. The City recently
MAINTENANCE
received a quote from Sentry Building Maintenance
CONTRACT
to maintain the City Hall Complex in accordance
with the existing contract at an annual cost of
r,>
$50,250 which is an increase of 7.4°x. This renewal
ly'
would cover the period of July 1, 1980 to June 30,
1981.
COUNCIL APPROVED THE RENEWAL OF THE JAtfITORIAL
SERVICES CONTRACT WITH SENTRY BUILDING MAINTENANCE
FOR THE 1980-81 FISCAL YEAR AS HERETOFORE SET FORTH
AND AUTHORIZED THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE RENEWAL DOCUMENT ON BEHALF OF THE
CITY
LODI CABLE TV
Following introduction of the matter by City
COMMUNITY ANTENNA
:'tanager Glaves, a presentation was made by City
TELEVISIO`i
Attorney Stein relative to the Community Antenna
FRANCHISE
Television Franchise. Alternate proposed ordinances
-
were presented for Council's perusal and highlighted
by Mr. Stein. Mr. Bill Koenig of Lodi Cable T. V.
_
was in the audience and responded to questions
concerning the matter as were posed by Council.
Discussion followed with questions being directed
to Staff, the City Attorney and to Mr. Koenig.
ORD. NO. 1202
Councilman McCarty moved for introduction. of
I`TRODUCED
Ordinance No. 1202 entitled, "An Ordinance of the
City Council of the City of Lodi Amending Chapter
RES. NO. 80-64
8A of the Lodi Municipal Code as it relates to
Community Antenna Television" (Alternate Ordinance
No. B) The motion was seconded by Councilman
Hughes and carried by the following vote:
Ayes: Councilmen - Hughes, McCarty, Murphy,
Pinkerton and Katnich
Noes: Councilmen - None
Absent: Councilmen - None
Further, on motion of Councilman McCarty, Hughes
second, Council adopted Resolution I -To. 80-64 "A
Resolution of the City Council of the City of Lodi
Amending City of Lodi Resolution No. 3158 - Granting
a Community Antenna Television (CATV) Franchise".
The motion carried by unanimous vote.
AGENDA ITEM
With the tacit concurrence of the Council, the
RE`?OVED FROM
following item was removed from the Agenda:
AGENDA.
Agenda item "k" - "Approve Agreement between
City of Lodi and the Community Garden"
EXECUTIVE
Council adjourned to Executive Session to discuss
SESSION
a matter pertaining to possible litigation. The
City Clerk following her request, was excused by
Mayor Katnich from attending. Council reconvened
at 9:25 p.m.
12 7
May 7, 1960 continued
City Manager G'_aves proposed that a savings could
be realized if the City's Parks and Recreation
personnel took on the project of moving the fencing
and necessary work to the sprinkler system and
turfing at the site. A lengthy discussion followed
with no formal action being taken by the Council
on the matter.
Agenda item "1" - Discussion of "Old" Tokay High
School Site" was introduced by City Manager Glaves.
Ben. Schaffer, 600 Connie Street, Lodi addressed the
Council reaffirming the obligation for the commitment
to raise funds as previously made by the "Old"
Lodi Union High School Site Foundation.
A very lengthy Council discussion followed. The
following persons addressed the Council requesting
DISCUSSION RE
use of a portion of the subject facility:
"OLD" TOKAY HIGH
SCHOOL SITE
a) Mr. Milton Stirm speaking on behalf of the
San Joaquin Delta College Brick and Tile Class
Apprenticeship Program.
b) Mr. Van Rooyen of the Civil Air Patrol
Following additional discussion, the following action
was taken concerning this matter:
a) Mayor Katnich directed City Attorney Stein to
look into the legal aspects of developing policy
for various community groups to use the subject
site.
b) Mayor Katnich requested that Public Hearings
be scheduled to have input from the public for use
of the subject site by various organizations.
On motion of Councilman Murphy, McCarty second,
Council authorized the securing of Buildings 1, 2,
3, 4, 5, 7, 6 and 11, as designated on a diagram
presented for Council's perusal, but stayed the
order for 60 days to allow time for public hearings
to be held to have input from the public for use
of the site by various organizations.
Further authorized that the fence on the South
Hutchins Street side of the campus area be moved
in closer proximity to the buildings to allow for
easier landscape maintenance;
that Staff be directed to research the cost of using
a heavy plastic material to cover window areas
instead of the proposed plywood.
Staff was directed to remove all inflammable material
at the site.
Staff was directed to gather those materials at the
site which the City can use and prepare a report
on the remaining items which can be declared "surplus"
and sold.
Councilman Murphy and Pinkerton volunteered to meet
with the City Manager and the rinance Director to
study what financial resources are now and will be
available for both immediate and long range refur-
bishing and development of this site.
On motion of Councilman Pinkerton, Katnich second,
Council indicated its desire to have the cafeteria
building refurbished for immediate use and further
requested that Staff prepare a report on what would
be needed to reactivate the kitchen area of this
structure.
City Manager G'_aves proposed that a savings could
be realized if the City's Parks and Recreation
personnel took on the project of moving the fencing
and necessary work to the sprinkler system and
turfing at the site. A lengthy discussion followed
with no formal action being taken by the Council
on the matter.
128
May 7, 1930 continued
RES. 80-55 Following introduction of the matter by Mayor
RE: INTE?STA__ Pro Tempore McCarty, Council on motion of Mayor
5 TO EAX LA':?".; Pro Tempore McCarty, Hughes second, adopted by
PROJECT title only Resolution 80-65 - Re "Interstate 5
to Ham Lane Project."
LTR. RE IM;C7jNDINGFollowing introduction of the matter and on motion
OF PROPERTY '_AX of Councilman Pinkerton, McCarty second, Council
REVENUES DBR_VED directed that a letter be written to the County
FROM THE AN`:EX- Auditor requesting that a "hold" be placed on
ATION 0. UNINCOR- property tax revenues, derived from the annex-
PORATED AREAS ation of unincorporated areas into the City until
such time as a procedure for the sharing of
property tax revenues and appropriation limits
have been mutually agreed upon by the cities within
the County and the County of San Joaquin.
ADJOURINIX-ENT There being no further business to come before
the Council, Mayor Katnich adjourned the meeting
at approximately 10:30 p.m.
Attest:
ALICE M. REIMCHE
CITY CLERK