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HomeMy WebLinkAboutMinutes - December 17, 1980316 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS December 17, 1980 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, December 17, 1980 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes, McCarty, Murphy, Pinkerton, and Katnich (Mayor) (arrived 8:05 p.m.) 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 City Clerk Alice Reimche. PLEDGE Mayor Pro Tempore McCarty then led the pledge of allegiance to the flag. PROCLAMATION A proclamation honoring the 50th Anniversary of Veterans of Foreign Wars, Lodi Post No. 1968, -� Lodi, was read by the City Clerk and presented to Commander Gordon Thompson by Mayor Pro Tempore McCarty. APPEAL OF Following introduction of the matter by Mayor Pro WILLIAM E. Tempore McCarty and Council discussion, Council RUFF RE on motion of Mayor Katnich, Murphy second, set VARIANCE S. for Public Hearing at 8:00 p.m. on January 7, HUTCHINS STREET 1981 the appeal of William E. Ruff of the Planning Commission's denial of his request for a variance to permit the construction of a four-plex at 1324 S. Hutchins Street, Lodi. PLANNING City Manager Glaves gave the following report of COMMISSION the Planning Commission Meeting of December 8, 1980: The Planning Commission - EASEMENT 1. Recommended approval of the request of the ABANDONMENT property owner to abandon a Public Utility 100 S. BECKMAN Easement on a portion of Lot 5, Lodi Industrial ROAD, LODI Park (100 South Beckman Road). This matter had previously been set for Public Hearing on January 7, 1981. The Planning Commission also - 1. Approved the request of Steve Weddell, c/o Morton and Pitalo, Consulting Engineers, on behalf of Willow Oaks Industrial Park for a Parcel Map to create three lots north of the future extension of East Turner Road in an area zoned C -M, Commercial -Light Industrial and M-2, Heavy Industrial. -1- Continued December 17, 1980 2. Approved the request of Use Permit to allow the at 327 South Sacramento M-2, Heavy Industrial. 31'7 Alma J. Neal for a recycling of metals Street in an area zoned 3. Approved the request of William H. Lawson for a Variance to reduce the required distance between a dwelling and a 2 -story accessory building from 10 feet to 6 feet to permit an existing storage building -garage to be expanded at 206 South Sunset Drive in an area zoned R-2, Single - Family Residential. 4. Recommended that the San Joaquin County Planning Commission deny the request of Baumbach and Piazza, Consulting Engineers, on behalf of George Ferrero to subdivide an 8.20 acre lot into four parcels with Parcels A and B containing 1.18 acres, and Parcels C and D containing 2.92 acres at the southeast corner of Harney Lane and Shattuck Tract Road, south of Lodi. COMMUNICATIONS (CITY CLERK) ABC LICENSE City Clerk Reimche presented an Application for Alcoholic Beverage License received from Billie J. Slaton and Floyd D. Slaton, El Rancho. NCPA City Clerk Reimche presented a letter which had been received from D. R. Von Raesfeld, City Manager of the city of Santa Clara regarding Santa Clara's Resolution No. 4316, "A Resolution of the City Council of the City of Santa Clara Authorizing its NCPA Representative to Conditionally Obligate the City of Santa Clara to Make Certain Payments to NCPA During NCPA's Fiscal Year 1980-81". CHEROKEE LANE The City Clerk presented a letter from Richard E. MEDIAN CUT Sanborn, President, Sanborn Chevrolet, Inc., 1210 REQUEST BY S. Cherokee Lane, Lodi, which read in part as follows: RICHARD E. SANBORN After explaining the need for the median opening, the Council gave me approval +_ t. on the request with the condition that I present the Council with a firm proposal in writing of what costs I would assume. I am enclosing a map of the median opening, showing its location and the businesses it will serve. Also enclosed is an estimate of the cost prepared by Baumbach and Piazza, Civil Engineers, on June 3, 1980. In approximately thirty days, we will close escrow with Golden Corral Restaurant. In our Sales Contract is the agreement that all costs to install the median opening will be shared by Richard Sanborn, Dennis Plummer, (present owners of the lot to be developed( and Alfred K. White, (purchaser and developer of lot for Golden Restaurants Corp.) -2- 316 Continued December 17, 1980 At the time of my request in 1977, I was heading a committee to form a street lighting district for Cherokee Lane. I was hoping at the time, that we would have enough footage committing to form a district if I agreed to help Lodi SDA Academy pay their fair share. As you are aware, we were unable to form the district for the lack of commitment of disinterested owners. _ This letter is my formal application to proceed with the median opening and statement that we will be responsible for all costs to do so. All engineering will be done through.Baumbach and Piazza and will meet City Codes. The matter was taken under advisement by the Council and will be placed on the agenda for the next Council meeting. INITIATIVE Mr. Jim Ohlhauser, 1200 W. Tokay Street, Lodi, ORDINANCE presented to the City Council the following MEASURE "B" "Initiative Ordinance Measure "B": PRESENTED INITIATIVE ORDINANCE MEASURE "B" `r The Citizens Initiative for Orderly Growth. The people of the City of Lodi, hereby find and declare that it is the best interest of the City of Lodi, to provide for orderly and controlled growth. We propose the following ordinance be presented to the voters of Lodi: A. All land now outside of the land use element of the General Plan, at the time of the adoption of this ordinance shall not be included in the land use element of the General Plan without being first approved by a majority of the people voting in a general election. B. Water, sewer, and electrical services shall not be expanded or extended beyond the capacities set by the capital improvement program as annually adopted by the City Council. C. The City Council, prior to the general election shall set public hearings to review - 1. The ability of the City of Lodi to provide water, sewer, and electrical service. 2. The abiltiy of the City of Lodi to provide police and fire protection. 3. The ability of the Lodi Unified School District to provide facilities for the additional students that might be generated by the land addition. -1- 319 Continued December 17, 1980 -4- D. This ordinance may be amended or repealed by majority of voters voting at a general election. E. If any section of this ordinance is held to be unconstitutional, invalid, or void, the remainder of this ordinance and application thereof shall not be affected. Council discussion followed with questions being directed to Mr. Ohlhauser. No action was taken by the City Council on the matter. COMMENTS BY CITY COUNCILMEN GROWTH Councilman Murphy reported that he has been gather - INFORMATION ing pertinent information regarding the City's GATHERED BY growth and on growth control, and that he will be COUNCILMAN presenting his findings to the Council in January. MURPHY �1 J-� TRANSIT Councilman Pinkerton reported that the transit SYSTEM system that Mr. James John had favorably commented about at a recent Council meeting had gone bankrupt. Mayor Katnich arrived (8:05 p.m.) REPORTS OF In accordance with reports and recommendation THE CITY of the City Manager, the following actions MANAGER hereby set forth between asterisks, on motion. of Councilman Pinkerton, Murphy second, were CONSENT approved by the City Council. CALENDAR Mayor Pro Tempore McCarty asked that Agenda item "f" - "Approve Specifications for City's legal advertising" be removed from the Consent Calendar as he would have to abstain from discussion and voting on the item, because of a possible conflict of interest. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * �' CLAIMS —`- - CLAIMS WERE APPROVED IN THE AMOUNT OF $463,952.38. MINUTES THE FOLLOWING MINUTES WERE APPROVED AS WRITTEN: A) Minutes of November 19, 1980 - Public Hear- ing B) Minutes of November 19, 1980 - Regular Meeting ACCEPTANCE OF E. The contract for "East Lodi Avenue Street LODI AVENUE Improvements which had been awarded to Claude STREET C. Wood Co. of Lodi on September 17, 1980 in the IMPROVEMENTS amount of $197,221.50 has been completed in - substantial conformance with the plans and speci- fications approved by the City Council. The final contract price was $211,729.81. The difference between the contract amount and the final contract -4- 3 Lj Continued December 17, 1980 price is due to the uncovering of an old well and an area of unsuitable base (buried concrete), which had to be taken care of with negotiated prices. There was also a small overrun in asphal- tic concrete and rock base which were paid for under the contract items. Approximately $117,000 is being paid for by property owners fronting E. Lodi Avenue (Holz Rubber, Griffin, Lodi Metal Tech and Foster -Wickes Corporation) in fulfilling their responsibility of construction of 1/2 of the street along their frontage. COUNCIL ACCEPTED THE IMPROVEMENTS IN "EAST LODI AVENUE STREET IMPROVEMENTS, KELLY TO 680' E/o CLUFF" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. ACCEPTANCE 1700 Council was apprised that the improvements at S. CHEROKEE LANE 1700 S. Cherokee Lane (Lodi Honda) had been (LODI HONDA) completed in substantial conformance with the requirements of the Development dated July 16, RES. NO. 80-178 1980 and as shown on the improvement plans. On recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 80-178 RESOLUTION ACCEPTING THE DEVELOPMENT IMPROVEMENTS AND STREETS INCLUDED AT 1700 S. CHEROKEE LANE RES. AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS CITY CLERK'S OFFICE RES. NO. 80-174 RES. AWARDING CONTRACT FOR SIX 1200 KVAR THREE-PHASE POLE MOUNTED FIXED CAPACITOR BANKS RES. NO. 80-175 Council was informed that pursuant to State of California Government Code Section 34090, the City Clerk had prepared a list of certain records to be destroyed. The inventory had been reviewed and approved for destruction by the City Attorney. RESOLUTION NO. 80-174 RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS -CITY CLERK'S OFFICE Council was informed that the following bids had been received for six 1200 KVAR three-phase pole - mounted fixed capacitor banks: THREE-PHASE POLE -MOUNTED CAPACITOR BANKS UD -E80-9 Supplier - McGraw Edison Cost Incl. Tax Delivery (Weeks) $16,536.00 14 - 16 Supplier - General Electric Supply Co. Cost Incl. Tax $17,432.76 Delivery (Weeks) 10 -12 Supplier - Westinghouse Electric Supply Co. Cost Incl. Tax Delivery (Weeks) -5- $18,507.60 11 - 13 32 Continued December 17, 1980 ing with the Firefighters and the Maintenance and Supplier - Sangamo Weston Operators Unit call for salary increases to become Cost Incl. Tax $25,605.36 effective before the next Council Meeting on Delivery (weeks) 24 January 7, 1981. The Memorandum of Understand - Supplier - Westinghouse Electric Supply Co. ing with the Fire Unit calls for a 4.5% salary Cost Incl. Tax $16,281.60 increase effective the pay period beginning Delivery (Weeks) 11 - 13 December 22, 1980. Remarks Does not meet Another Memorandum of Understanding with the City specifi- Maintenance and Operators Unit calls for a 3.5% cations salary increase, plus one-half of any increase On recommendation of City Manager Glaves, Council over 4.5% increase in the Consumer Price Index adopted the following resolution: for the past six months. The Consumer Price RESOLUTION NO. 80-175 Index increase was 4.0%, therefore, the negotiated RESOLUTION AWARDING THE CONTRACT FOR THE PURCHASE increase is 3.5%. The increase is effective the OF SIX 1200 KVAR THREE PHASE POLE -MOUNTED FIXED pay period beginning January 5, 1981. CAPACITOR BANKS TO MCGRAW EDISON IN THE AMOUNT On recommendation of the City Manager, Council OF $16,536.00. AWARD - 1500 Council was advised that only one bid had been G.P.M. TRIPLE received for a 1500 G.P.M. Triple Combination COMBINATION Pumper for the Fire Department as follows: PUMPER VIOUSLY APPROVED IN THE MEMORANDA OF UNDERSTAND- P.E. Van Pelt, Inc. $131,073.24 RES. NO. 80-176 City Manager Glaves stated that he felt this bid was a reasonable one and that he recommended that the award be made. l RESOLUTION NO. 80-176 RESOLUTION AWARDING THE CONTRACT FOR ONE 1500 G.P.M. TRIPLE COMBINATION PUMPER TO P.E. VAN PELT, INC., IN THE AMOUNT OF $131,073.24 AND APPROVING A SPECIAL ALLOCATION IN THE AMOUNT OF $6,073.24 COVERING THE DIFFERENCE BETWEEN THE AMOUNT THAT HAD BEEN BUDGETED TO THIS PIECE OF EQUIPMENT AND THE AMOUNT OF THE BID. SALARY INCREASES Council was informed that Memoranda of Understand - FIRE UNIT AND ing with the Firefighters and the Maintenance and MAINTENANCE AND Operators Unit call for salary increases to become OPERATORS UNIT effective before the next Council Meeting on January 7, 1981. The Memorandum of Understand - RES. NO. 80-177 ing with the Fire Unit calls for a 4.5% salary increase effective the pay period beginning December 22, 1980. r Another Memorandum of Understanding with the Maintenance and Operators Unit calls for a 3.5% salary increase, plus one-half of any increase over 4.5% increase in the Consumer Price Index for the past six months. The Consumer Price Index increase was 4.0%, therefore, the negotiated increase is 3.5%. The increase is effective the pay period beginning January 5, 1981. On recommendation of the City Manager, Council adopted the following -resolution: RESOLUTION NO. 80-177 RESOLUTION APPROVING SALARY INCREASES FOR FIRE UNIT AND MAINTENANCE AND OPERATORS UNIT AS PRE- VIOUSLY APPROVED IN THE MEMORANDA OF UNDERSTAND- ING AS HERETOFORE OUTLINED. `=3`_' Continued December 17, 1980 SPECS FOR Mayor Pro Tempore McCarty asked to abstain from LEGAL ADVERTISING discussion and voting on the following matter APPROVED because of a possible conflict of interest. City Clerk Reimche apprised the City Council that State of California Government Code Section 6060 provides that "Whenever any law pro- vides that publication of notice shall be made pursuant to a designation of this article, such notice shall be published in a newspaper of general circulation for the period prescribed, the number of times, and in the manner provided in that Section". On November 12, 1980, Lodi Life and Times was adjudged to be a newspaper of general circula- tion as defined in the Government Code of the State of California. Mr. Stephen Mann, Lodi Life and Times has requested the use of his newspaper for legal publications of the City of Lodi. A set of specifications has been prepared for the contract for the City's official advertising. The City Clerk met with representatives of both newspapers during the preparation of these specifications to ensure their adequacy. Because of legal time restraints, the specifi- cations provide that the City of Lodi reserves the right to send legal publication/official advertising to any newspaper of general circu- lation within the City of Lodi in order to meet publication deadlines. On motion of Councilman Pinkerton, Murphy second, Council approved specifications for official advertising for the City of Lodi and authorized the City Clerk to advertise for bids thereon. The motion carried by the following vote: Ayes: Councilmen - Hughes, Murphy, Pinkerton, and Katnich Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - McCarty MEMBER SERVICE Following introduction of agenda item "k" - AGREEMENT "Approve proposed Member Service Agreement - NCPA NCPA", on motion of Councilman Murphy, McCarty CONSIDERATION second, the matter was continued to the regular CONTINUED Council Meeting of January 7, 1981. PROPOSED SALE OF City Manager Glaves introduced agenda item "l" - MSC SURPLUS "Clarification on Proposition 4 re MSC site". PROPERTY Following a request from the City Council for clarification, City Attorney Stein advised the Council that he had contacted Betsy Strauss, Staff Attorney of the.League of California Cities and asked whether the proceeds from the sale of surplus property (the MSC site) would be considered "proceeds from taxes". Continued December 17, 1980 Her answer was in the negative. It is her understanding that both the Legislative Counsel and the authors of Proposition 4 agree with her interpretation that the proceeds from the sale of surplus property would not be considered the proceeds from taxes. In speaking with Ms. Strauss regarding this matter, Mr. Stein indicated the analysis was that even if the property was purchased with proceeds of taxes, the sale of the property and the monies received from same can only secondarily be considered proceeds from taxes and that, therefore, they would not be considered proceeds from taxes under Proposition 4. A very lengthy discussion followed regarding the proposed sale of property at the Municipal Service Center Site. Staff urged that this property not be sold in that the long range plans for the City necessitated the retention of all land at the site. It was pointed out that Staff had received inquiries from approximately 5 persons or businesses interested in purchasing the property. Additional discussion followed with many questions being directed to Staff regarding the matter. Following the appointment by Mayor Katnich of Mayor Pro Tempore McCarty and Councilman Hughes to a Committee to meet with the City Attorney regarding this property, Council, on motion of Mayor Pro Tempore McCarty, Murphy second, voted to advertise for bids for the sale of this property and that upon receipt of the bids with the recommendations of the aforementioned Committee, that a final decision be made by the Council. The motion carried by the following vote: Ayes: Councilmen - McCarty, Murphy, and Pinkerton Noes: Councilmen - Hughes and Katnich Absent: Councilmen - None CLUFF AVENUE Following introduction of the matter of Public STORM DRAIN Works Director Ronsko, Council on motion of Councilman Murphy, McCarty second, approved the plans and specifications for "Cluff Avenue Storm Drain, Phase I, Mokelumne River to 100' South of River" and authorized the City Clerk to advertise for bids thereon. Staff was then directed to proceed with drawing up the plans and specifica- tions for the Phase II segment i.e., the storm drain in Turner Road - East and West of Cluff Avenue. LEASE AGREEMENT City Manager Glaves reported that Phillips Farms RE CITY-ON"NED had given written notice pursuant to the terms of 13 ACRE PARCEL the contract to terminate its lease agreement ADJACENT TO with the City for the City -owned 13 acre parcel LODI LAKE PARK adjacent to Lodi Lake Park. The City Manager outlined the difficulties that Phillips Farms has encountered in leasing this land and asked 3(.)4 Li Continued December 17, 1980 for Council approval to seek out persons interested in leasing this property. On motion of Councilman Pinkerton, Murphy second, Council authorized the City Manager to seek out persons who would be interested in leasing the City -owned 13 acre parcel adjacent to Lodi Lake Park. RENEWAL OF A proposed Lease and Concession.Agreement between AGREEMENT WITH the City of Lodi and the Lodi Lions Baseball Club, LODI LIONS Inc., DBA Lodi Dodgers, for 1981 was presented BASEBALL CLUB for Council's approval. Following Council discussion with questions being directed to Staff, Council, on motion of Councilman i Hughes, Pinkerton second, approved the Lease and Concession Agreement between the City and the Lodi Lions Baseball Club, Inc., for a term of one year, commencing January 1, 1981 and authorized the City Manager and City Clerk to execute the Agreement on behalf of the City. APPOINTMENTS MADE On motion of Councilman Pinkerton, McCarty second, TO RECREATION Council concurred with Mayor Katnich's reappointment COMMISSION of Elvera Melby and David Hinchman to four year ii terms commencing January 1, 1981 to the Recreation _ Commission. ORDINANCES - GENERAL PLAN Ordinance No. 1216 - entitled, "An Ordinance AMENDMENT amending the General Plan -Land Use Element REDESIGNATING (i.e. GP -LU -80-3) by redesignating certain blocks CERTAIN BLOCKS and lots adjacent to the Central Business District ` AND LOTS as Office -Institutional having been introduced ADJACENT TO at a regular adjourned meeting of the City Council THE CENTRAL held December 10, 1960 was brought up for passage BUSINESS DISTRICT on motion of Mayor Pro Tempore McCarty, Katnich AS OFFICE- second. Second reading was omitted after reading INSTITUTIONAL by title, and the ordinance was then passed, adopted, and ordered to print by the following vote: ORD. NO. 1216 ADOPTED � Ayes: Councilmen - Hughes, McCarty, Murphy, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None ORD. REZONING Ordinance No. 1217, entitled, "An Ordinance CERTAIN BLOCKS rezoning certain blocks and lots adjacent to AND LOTS the Central Business District from R -HD, High ADJACENT TO Density Multiple Family Residential to R -C -P, THE CENTRAL Residential -Commercial -Professional" having been BUSINESS introduced at a regular adjourned meeting of the DISTRICT City Council held December 10, 1980 was brought FROM R -HD TO up for passage on motion of Councilman Murphy, R -C -P McCarty second. Second reading was omitted after reading by title, and the ordinance was ORD. NO. 1217 then passed, adopted, and ordered to print by ADOPTED the following vote: _n_ Continued December 17, 1980 Ayes: Councilmen - Hughes, McCarty, Murphy, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None EXECUTIVE Mayor Katnich wished all the citizens of Lodi SESSION a very Merry Christmas and Happy New Year ADJOURNMENT Mayor Katnich adjourned the meeting to an Executive Session of the Council at approximately 9:30 p.m. Mayor Katnich indicated that a metter con- cerning possible litigation would be discussed at the Executive Session and that the Council would not convene following adjournment of the Executive Session. ATTEST: 7 ALICE M. REIMCHE City Clerk -10-