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HomeMy WebLinkAboutMinutes - June 18, 1980lVff CITY COUNCIL, CITY OF LODI CITY MALL COUNCIL CHAMBERS JUNE 18,1980 A regular meeting of the City Council of the City of Lodi was held begin- ning at 8:00 p.m., Wednesday, June 18, 1980 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - McCarty, Murphy, Katnich (Mayor)and Pinkerton, Absent: Councilmen - Hughes Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Work: Director Ronsko, Community Deve= opment Director Schroeder, City Attorney Stein and City Clerk Reimche. INVOCATION The invocation was given by Reverend Robert Mattheis, St. Paul's Lutheran Church. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, Murphy second, the Minutes of May 21, 1980 were approved as written and mailed. PRESEI•TATION A presentation was made by Ms. Bonnie Williams, Director of BY REPRESENT- the Stockton Convention and Visitors Bureas of San Joaquin ATIVE OF County on the recently produced brochure depicting the STOCKTON CON- variety of exciting activities and points of interest in anc VENTION & around San Joaquin County. VISI'_ORS BUREAU OF S.J..CTY. PUBLIC �:EARINGS Notice thereof having been published and posted in accord- ance with law and affidavits of publication and posting beir on file in the office of the City Clerk, Mayor Katnich calle for the Public Hearing to consider vacating a public utility. easement located at 651 North Cherokee Lane, Lodi. The matter was introduced by Public Works Director P.onsko who presented a diagram of the subject area for Council's perusal. Mr. °onsko proposed that the abandonment be con- ditioned that the appropriate westerly portion of the ease- ment be retained as required by the Pacific Telephone and Telegraph Company. There being no person in the audience wishing to speak on ti matter, the public portion of the hearing was closed. ORDER TO Following discussion, on motion of Councilman Pinkerton, ABANDON :EASE- Murphy second, Council adopted an Order to vacate a public MENT A'1 651 service easement located at 651 North Cherokee Lane, Lodi N. CHEROKEE L^iwith the condition that the appropriate westerly portion of ADOPTED WITH the easement be retained as required by the Pacific Telephor CO`.iD_'TT_01•t and Telegraph Company. PLA2'ID;I1.;G Mayor <atnich gave the following report of the ?fanning COMMISSIONCommission meeting of June 9, 1980: EASEMENT The Planning Commission- VACATIOi1 651 N. CHEROKEE 1) Determined that no Dublic need existed and recommended LN that the City Council abandon a 10 foot public utility easement at 651 North Cherokee Lane. -1- I% June 18, 1980 continued ITEMS SET FOR PUBLIC HEARING The Manning Commission also - a) Certified and recommended to the City Council the Final Environmental Impact Report for Lake Shore Village a proposed 95.77 acre development on the sout': side of West Kettleman Lane (State Route 12), west of the Woodbridge Irrigation District right-of-way. b) Recommended approval of General Plan -Land Use Element Amendment No. GP -LU -80-2 which includes (a) redesignating the southwest corner of Almond Drive and South Cherokee Lane as Medium Density Residential, and (b) redesignating portions of the proposed Lake Shore Village Subdivision which is located on the south side of West Kettleman Lane (State Route 12) west of the Woodbridge Irrigation District right-of-way as Commer- cial and Medium Density Residential. c) Recommended approval of the request of Lodi Associates by Robert C. Evans and R. H. Young to rezone the 5.64 acre parcel at the southwest corner of Almond Drive and South Cherokee Lane from U -H, Unclassified Holding to P -D(20), Planned Development District No. 20. d) Recommended the approval of the request of Grupe Development Company to prezone the area encom^assed by Lake Shore Village on the south side of West _<.ettleman Lane (State Route 12) west of the Woodbridge Irrigation District right-of-way to P -D(21) Planned Development District No. 21 to provide for single-family residential, multiple family residential, office institutional and commercial uses. On motion of Councilman Pinkerton, McCarty second, items a, b, c, and d, of the Planning Commission report of June 9, 1980 as heretofore set forth were set for Public Hearing on Wednesday, July 15, 1980 at 8:00 P.M. The Planning Commission also - ITEMS OF 1. Approved the request of Hawaii -San Francisco IF7ERES7 Development Company by John Johnson for a Use Permit to convert the Vintage East and Vintage West Apartments, a 102 unit complex, at 1825 South Church Street, and 1826 South Hutchins Street to condominiums. 2. Approved the request of Rev. Oscar Gross for a Use Permit to allow construction of an addition to the existing River Oaks retirement home located at 311 `,lest Turner Road in an area zoned R -GA, Garden Apartment Residential. COMMU"iICATIONS City Clerk Reimche announced that P. G. & E. Company has PUC given notice in Application No. 59694 before the Cali - APPLICATIONS fornia Public Utilities Commission of its request for _ authorization under its Energy Cost Adjustment Clause to decrease, effective August 1, 1980 its electric rates and charges. AINTNEYAr'ION City Clerk Reimche read a letter which had been directed RE SECTION 99to Mr. Gerald Scott, Executive Director, Local Agency REVE'UE AND Formation Commission from Mr. Gerald A. Sperry, City TAXA7IO"; Attorney of Stockton which is set forth in total as CODE follows: It has come to my attention that you, in your capacity as executive director of LAFCO, are refusing to properly process annexat_ons occurr_ng within the County of San Joaquin. i H'1 June 18, 1980 continued Specifically, your form letters recite: "Prior to completion of proceedings, it will be necessary for the affected agencies to agree upon the division of property tax revenues, pursuant to Section 99 of the Revenue and Taxation Code." ?lease be advised that Section 99 does not refer to "completion of proceedings". It refers to the "effective date" and subsequent provisions within Section 99 make it clear that annexations are to be fully processed and completed with only the effective date dependent upon property tax division. Proposition 13, a poorly drafted initiat-ve,created many inequities including property tax division upon annexation. The Legislature, in Section 99 of the Revenue and Taxation Code, has addressed that inequity. Your refusal to complete the annexation proceedings continues that inequity and frustrates the clear intent of the legislature. DEMAND IS HEREBY MADE that you "complete the proceedings" which will insure that monies impounded by the County Auditor pursuant to said Section 99 will be properly dis- tributed and the intent of the Legislature effected. LTR. RE=MPROVI^IG City Clerk R.eimche read a letter which had been received ROUTE 12 SETWEENfrom Mr. Phil Raine, Chief, Division of Highways, State of .RAY ROAD 6 HAM California, Department of Transportation -acknowledging LAME receipt of the Council Resolution supporting the improving of Route 12 between Ray Road and Ham Lane. The letter ad- vises that because of project cost increases, this project is being reviewed to determine its cost effectiveness and competitiveness for available resources. COUNCIL RECEIVES The City Clerk presented an invitation addressed to the I^?VITATION FROM Council whicr had been received from Fred A. Morris, Lt. CIVIL AIR PATROLColonel, CAP, Commander, Yosemite Group 16, California Wing Civil Air Patrol, inviting the Council to an organization meeting for individuals wishing to join the new Civil Air Patrol Squadron being formed in Lodi. The meeting will be held at the Lodi Senior Elementary School Cafeteria on June 19, 1980 at 7:30 p.m. REVERSAL OF Following introduction of the subject by Councilman Pinkerton DISCUSSION TO and with the tacit concurrence of the City Council, Council ALLOW COLLEGE directed that a resolution be prepared for presentation at STUDENTS TO VOTEthe Central California Division of the League of California AS RESIDENTS OF Cities quarterly dinner to be held in Lodi on July 24, 1980 THEIR COLLEGES urging that efforts be made to reverse the decision by the COMMUNITIES Courts allowing college Students to vote as residents of URGED their college communities LE F, TTER TO BE Following introduction of the subject by Councilman Pinkerton SETT LEGIS- and with the tacit concurrence of the City Council, Staff was LATORS ?E EPA directed to prepare a letter to Senator Alan Cranston, Senator S.I. Hayakawa and Congressman Norman Shumway asking who runs the United State of America or the Environmental Protection �`. Agency. Councilman Pinkerton further stated that he feels that a big part of the present diminishing economic productivity of American is due to this type of bureaucratic authority. CLEA`! UP OF At the suggestion of Council -man Murphy and with the tacit MATERIALS STOREDconcurrence of the council, Staff was directed to check into AT RAILROAD what can be done to clean up the "eye -sore" of materials CLOSURES OF presently being stored at the railroad closures of Walnut WALNUT 5 OAK ST•and Oak Streets (east side). URGED I It K June 18, 1980 continued REPORTS OF THE In accordance with report and recommendation of the City CITY MANAGER Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Pi'.erton, Murpny second, were approved. OOUNCIL ACCEPTED THE IMPROVFMFXTTS INT "rATCH BASIN REPLACEMENT CHTTRCH AND TOKAY, SACRAMENTO 6 DAISY, ELM 8 ':=C; -'T -TS, PINE AND ,OSE" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETIODi WITH THE COUNTY RECORDER'S OFFICE. E Genie Development, Inc., the developer of Vineyard Business Center III, at the request of the City, obtained bids from various contractors for installing median, curb, gutter and sidewalk along Ham Lane. The developer is willing to handle the additional work at the contractor's cost. Staff does not feel that a better rate is available by going to separate bid, and recommends that the City Council authorize the developer to Droceed with the work by approving an agreement thereon. IMPROVEMENT CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $2,410,969.81. BUST_`IESS CENTER III WITH THE PROVISIONS HERETOFORE SET r ASPHALT COUNCIL APPROVED THE SPECIFICATIONS FOR ASPHALT MATERIAL MATERIAL SPECS NEEDED DURING THE FIRST QUARTER OF THE FISCAL YEAR APPROVED JULY 1, 1980 THROUGH SEPTEMBER 30, 1990 AND AUTHORIZED AT HAM LANE 9 THE PURCHASING AGENT TO ADVERTISE FOR BIDS 'THEREON. ROCK 9 SAND COUNCIL APPROVED THE SPECIFICATIONS FOR ROCK AND SAND MATERIAL SPECS MATERIAL NEEDED DURING THE FISCAL YEAR JULY 1, 1980 THROUGH APPROVED JUNE 30, 1981 AND AUTHORIZED THE PURCHASING AGE`i TO AD- VERTISE FOR BIDS THEREON. CATCH BASIN Council was apprised that the improvements in "Catch Basin REPLACEMENT Replacement - Church h Tokay, Sacramento, and Daisy, Elm 6 ACCEPTANCE Hutchins, Pine & Rose," which contract had been awarded to Can Do Concrete of Rio Linda on June 6, 1979 has been comp- leted in substantial conformance with the plans and specif- ications approved by the City Council. _ The difference between the contract ?rice of 818,212.80 and the final price is $18,765.18 is due to the City requiring concrete backfill and some realignment because of other underground facilities that were in conflict. OOUNCIL ACCEPTED THE IMPROVFMFXTTS INT "rATCH BASIN REPLACEMENT CHTTRCH AND TOKAY, SACRAMENTO 6 DAISY, ELM 8 ':=C; -'T -TS, PINE AND ,OSE" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETIODi WITH THE COUNTY RECORDER'S OFFICE. E Genie Development, Inc., the developer of Vineyard Business Center III, at the request of the City, obtained bids from various contractors for installing median, curb, gutter and sidewalk along Ham Lane. The developer is willing to handle the additional work at the contractor's cost. Staff does not feel that a better rate is available by going to separate bid, and recommends that the City Council authorize the developer to Droceed with the work by approving an agreement thereon. IMPROVEMENT COUNCIL APPRO`!ED THE IMPROVEMENT AGREEMENT FOR VI`1EYARD AGREEMENT FOR BUST_`IESS CENTER III WITH THE PROVISIONS HERETOFORE SET VINEYARD BUSINESSFORTH, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CENTER II_I AGREEMENT ON BEHALF OF THE CITY. 3 -?,!P.°_° STOPS Council was informed that at the present time only the east ESTABLISHED one-half of Ham Lane has been constructed between. Kettleman AT HAM LANE 9 Lane and Century Boulevard. With new development to the BURGUNDY LANE west of Ham Lane, the street will be constructed to its ultimate width from Kettleman lane to Burgundy Lane (Burgundy Lane is a street which will intersect Ham Lane from the west approximately half -way between Kettleman Lane and Century Boulevard). The result of this construction is that Ham Lane will carry 4 lanes of traffic from Kettleman Lane to Burgundy Lane and until further developments takes place, only 2 lanes from Burgundy Lane to Century Boulevard. ^_o control traffic at this conversion point, it will be necessary to stop Haan Lane at- Burgundy Lane, and Burgundy Lane at Ham Lane. Once Ham Lane is completed to Century Boulevard, the stop signs on yam Lane will be removed, and the intersection will function in a normal fashion. On recommendation of Staff, Council adopted the following resolution. -4- June 18, 1980 continued 149 RES. NO. 81^-80 RESOULTIOA; NO. 80-80 D --SOLUTIO`: ESTABLISHING THE INTERSECTION OF '_HAM LANE AND 3'JRGUNDY LANE AS A 3 -'WAY STOP INTERSECTIO`i ACCEPTANCE Council was apprised that the improvements included in the OF CITY HAL: Contract for "City Hall Landscaping" which _-:ad been awarded LANDSCAPING to J98 Landscaping of Lodi or. January 2, 1990 in the amount of $21,575 has been completed in substantial conformance with the plans and specifications approved by the City �`. Council. COUNCIL ACCEPTEED THE IMPROVEMENTS IN "CITY HALL LAIIDSCAPI'iG" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE 0= COMPLETION WITH THE COUNTY RECORDERS OFFICE. ACTION Agenda item "g" - "Ordinance amending City Code relating to DEFERRED ON Off -Site Improvements and Dedication" was introduced by City AGENDA ITEM "G" Manager Glaves. Council discussion followed with questions RE ORDINANCE being directed to the City Staff and to the City Attorney. AMENDING C=OY CODE RELAT=`G With the tacit concurrence of the City Council, action on thi; TO OFF-SITE matter was deferred to the regular Council meeting of July IMPROVEMENTS 2, 1980 to allow Staff additional time to review and submit E DrD=CAT IO`:S a proposed ordinance incorporating proposed revisions as suggested by members of the City Council. `_�.- REQJEST OF Assistant City Manager Glenn reported that in accordance with SAIIITARY CI-`' the City's contract with Sanitary City Disposal Company, Inc. FOR RATE for refuse disposal, the City has received a preliminary INCREASE budget and proposal for rate increases to be effective July - 1, 1980. Sanitary City's request is for a 21% rate increase. Mr. Glenn has met with their representatives to review their :igares and before the June 18 meeting will have also met with the City's auditors, Ernst and :dhinney, to review their proposal. Mr. Glenn suggested that two members of the City Council be brought into the discussions before a final report is submitted to the City Council. Mr. Glenn further reported that -t is anticipated this reoort be brought to the Council on July 2, 1990 for Council action for rates to be effective the billing period beginning July 1, 1980. Mayor Katnich named Councilman Pinkerton and Murphy as the two City Council members to be brought into the discussion as proposed by Mr. Glenn. PRE'LI`".I"7ARY Architect Lewis Bishop presented the preliminary plans for the_ PLANS FOR new Firehouse `1o. 2 and answered questions regarding the NE'vFIREHOUSE proposed structure as were presented by Council. 110. 2 RE'i I-)l=D 1, Public Works Director Ronsko stated that he hoped to bring the Plans and Specifications for this structure to the Counci__ at the July 2, 1980 meeting for approval. Manager Glaves and Public Works Director Ronsko reported IND''S-R=AL that last year, as indicated in. the August 29, 1979 letter W STE SVSTE_?,. from the Regional 'later Quality Control Board, a copy of ODOR PROBLEX3 which was provided for Council's perusal, the White Slough AT ;1HITE Treatment Facility was generating heavy odors that were SLOUGH TR=AT- threatening to violate the Regional Slater Quality Control MEr1T 7ACT17Tv Board requirements. -his problem is generated from the hip; flo.•s and solids dischar7ed into the City's industrial waste system during the peak cannery season. 150 June 18, 1980 cont_nued A proposal dated April 8, 1980 has been received from Black and Vea=^_h which would cover a two Dart investigation. -he first part _s a study and recommendation on the existing operation of the industrial wastesystem at White Slcugh, and the second Dart establishes the needed ore -treatment requirement for each existing and new industri=al user and the preparation of the technical amendment to the existing sewer or=finance as it relates to pre-treatment standards. The ccs-- of this proposal is $5,460 to be accomvolis^ed on a time and material basis up to that maximum. Staff has evaluated the proposal and feels that it is re=asonable and that the work is required. Staff recommends that the additional $5,500 be allocated to the sewer oper=ating budget, and the majority of this amount be recuperated with the calculations for the fees for industrial waste service fees. A very lengthy discussion followed with questions being directed to Staff. On motion Mayor Pro Tempore McCarty, Pinkerton second, City Clerk Reimche was directed_to correspond with Frank 0. McDermott, Area Engineer, California Regional ;dater Quality Control Board advising that the City of Lodi will attempt to abate the problems being encountered, pointing out that this is an agricultural community which certainly would be a factor contributing to the problem. The motion was seconded by Council Pinkerton who suggested that if `?r. McDermott doesn't like the odor, take Highway 99 in t_�e suture. The motion as made by the marker carried by unanimous vote. On motion of Mayor Pro Tempore McCarty, 'Catnich second, Council approved retaining the firm of Black and Veatch - on a time and material basis to prepare a study establishing the needed pre-treatment requirements for each existing and new industrial user and the preparation of the technical amendment to the existing sewer ordinance as it relates to Dre-treatment standards. RESOLUTION vollowing introduction of the matter by Assistand City 4anage GRA^TTING WAGE Glenn, Council on motion of Councilman Pinkerton, Murphy T'CREASES TO second, adopted Resolution No. 80-81 granting, among EXPLOYEES OF other things, pay increases to employees of the M&O Unit, M&OI3E[d I3EW, General Services, Police and Fire Units as follows: GENERAL SERVICES POLICE A`:D FIRE Mainte-:ance and Operators Unit UNITS 6.25% increase - commencing with the pay period beginning ,;' 7/6/80 General Services Unit 10.S" increase - commencing with the pay period beginning 7/6/80 I.S.L..". 10.5% increase - commencing with the pay period beginning 7/5/80 Police and -ire Units 10.5% increase - co-nrnencing with the pay period beginning 6/23/80 I&E June 19, 1980 continued 151 ORD. NO. 1204 Noes: Councilmen - None ADOPTED Abstain: Councilmen - Pinkerton Absent: Councilmen - Hughes EXECUTIVE At approximately 9:15 p.m. Council adjourned to executive SESSION session. The City Clerk, following her request, was excused from attending the session by Mayor Katnich. Mayor Katnich apprised the public and press that no report will be made by the Council following the executive session. Mayor Katnich then adjourned the meeting to Tuesday, June ADJOUREMEN:T 24, 1980 at 7:30 D.M. at which time a presentation will be made on N.C.P.A. A.ttest:ANE C� CIT`_' CLERK -7- Council further provided for a 5% salary increase to the incumbent holding the position of Equipment welder/ Mechanic. A new position of Typist Clerk III to be paid 5% less than Stenographer Clerk III was created. Council further approved the re -titling of the Mechanic Dosition to Mechanic II and established a new position ORD. AMEN DING of Mechanic I to be paid 50 less than Mechanic II. CO`ITINUED With the tacit concurrence of the Council continued presen- BUDGET PRESEN- talion of the 1980-81 Proposed Budget presentation was TATION DEFERRED deferred. N" ORDINIANCES Ordinance No. 1203 rescinding Ordinance No. 322, 472, and TWEEN E. PINE 460 which in ?art establishes building setback lines on ORD. RESCINDING Kettleman Lane from Cherokee Lane west to the City Limits ORD. NO. 322, 472Line having been introduced at a regular meeting held June AND 460 4, 1980 was brought up for passage on motion of Councilman Pinkerton, Murphy second. Second reading was omitted after ORD. NO. 1203 reading by title, and the Ordinance was then adopted and ADOPTED ordered to print by the following vote: ORD. NO. 1204 Noes: Councilmen - None ADOPTED Abstain: Councilmen - Pinkerton Absent: Councilmen - Hughes EXECUTIVE At approximately 9:15 p.m. Council adjourned to executive SESSION session. The City Clerk, following her request, was excused from attending the session by Mayor Katnich. Mayor Katnich apprised the public and press that no report will be made by the Council following the executive session. Mayor Katnich then adjourned the meeting to Tuesday, June ADJOUREMEN:T 24, 1980 at 7:30 D.M. at which time a presentation will be made on N.C.P.A. A.ttest:ANE C� CIT`_' CLERK -7- Ayes: Councilmen - McCarty, Murphy, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - Hughes Councilman Pinkerton asked to abstain from discussion and voting on the following matter because of a possible con- flict of interest. ORD. AMEN DING Ordinance No. 1204 amending the Specific Plan for the future SPECIFIC PLAN development of Myrtle Street between East Pine Street and the FOR FUTURE future extension of East Lodi Avenue with conditions having DEVELOPMENT OF been introduced at a regular meeting held June 4, 1980 was MYRTLE ST. BE- brought up for passage on motion of Mayor Katnich, Murphy TWEEN E. PINE ST.second. Second reading was omitted after reading by title & THE FUTURE and the Ordinance was then adopted and ordered to print by EXTENSION OF E. the following vote: LODI AVE. WITH. CO`IDITIONS Ayes: Councilmen - McCarty, Murphy, and Katni ORD. NO. 1204 Noes: Councilmen - None ADOPTED Abstain: Councilmen - Pinkerton Absent: Councilmen - Hughes EXECUTIVE At approximately 9:15 p.m. Council adjourned to executive SESSION session. The City Clerk, following her request, was excused from attending the session by Mayor Katnich. Mayor Katnich apprised the public and press that no report will be made by the Council following the executive session. Mayor Katnich then adjourned the meeting to Tuesday, June ADJOUREMEN:T 24, 1980 at 7:30 D.M. at which time a presentation will be made on N.C.P.A. A.ttest:ANE C� CIT`_' CLERK -7-