HomeMy WebLinkAboutMinutes - February 7, 1979250
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
FEBRUARY 7, 1979
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p.m., Wednesday, February 7, 1979 in the City
Hall Council Chambers.
ROLL CALL Present: Councilmen - Hughes, Katzakian,
McCarty and
Pinke rton
Absent: Councilmen - Katnich
Also
Present: Assistant City Manager Glenn,
Public Works Director Ronsko, Community
Development Director Schroeder, City
Attorney Mullen, and City Clerk Reimche.
INVOCATION The invocation was given by Reverend Bob
Mattheis, St. Paul's Lutheran Church.
PLEDGE Mayor Pinkerton led the Pledge of Allegiance
to the flag.
MINUTES Mayor Pinkerton asked to abstain from voting
on the approval of the Minutes of January 17,
1979 as he was not present at that meeting and
could not express his .approval as to the accur-
acy of the Minutes.
On motion of Mayor Pro Tempore Katzakian,
McCarty second, Council approved the Minutes
of January I7, 1979 by the following vote:
Ayes: Councilmen - Hughes, Katzakian and
McCarty
Noes:
Councilmen - None
Absent:
Councilmen - Katnich
Abstain:
Councilmen - Pinkerton
On motion of Mayor•Pro Tempore Katzakian,
McCarty second, the Minutes of January 24,
1979 were approved as written and mailed.
Q
Minutes of February 7, 1979, continued
PROCLAMATION Mayor Pinkerton proclaimed the week of
February 4 through 10, 1979 as "1979 National
Children's Dental Health Week" and presented
the Proclamation to Dr. Benjamin.
PUBLIC HEARINGS
MILLSWOOD Notice thereof having been published in accor-
SUBDIVISION EIR dance with law and affidavit of publication being
CERTIFIED AS on file in the office of the City Clerk, Mayor
ADEQUATE Pinkerton called for the Public Hearing to con-
sider the City Planning Commission's recom-
mendation that the City Council certify as ade-
quate the Final Environmental Impact Report
for Millswood Subdivision.
Copies of the Environmental Impact Report for
Millswood Subdivision had been provided each
City Councilman at the January 17, 1979 Council
meeting to allow sufficient time for study and
evaluation of the report by the Council.
The matter was introduced by Community Devel-
opment Director Schroeder. Mr. Schroeder dis-
played a diagram of the subject area for Council's
perusal. Mr. Schroeder then responde_ d to ques-
tions as were posed by the Council.
There were no persons in the audience wishing to
speak on the matter, and the public portion of
the hearing was closed.
Following review, evaluation, and discussion re-
garding the subject environmental documents,
Council, on motion of Mayor Pro Tempore
Katzakian, McCarty second, certified as adequate
the final Environmental Impact Report for
Millswood Subdivision.
AREA
Notice thereof having been published in accor-
ENCOMPASSED
dance with law and affidavit of publication being
BY MILLSWOOD
on file in the office of the City Clerk, Mayor
SUBDIVISION
Pinkerton called for the Public Hearing to consider
ZONED R-2
the City Planning Commission's recommendation
for approval of the request of C. P. G. L. Develop -
ORD. NO. 1165
ment Company and Matthews Development Company
INTRO.
to zone the area encompassed by the Millswood
- r
Subdivision, which is south of Yosemite Drive be-
'
tween Mills Avenue and Rainier Drive, R-2, Single -
Family Residential.
The matter was introduced by Community Develop-
ment Director Schroeder. Mr. Schroeder pre-
sented a diagram of the proposed zoning and
responded to questions as were posed by the City
Council.
-2-
251
252
Minutes of February 7, 1979, continued
MILLSWOOD
SUBDIVISION There were no persons in the audience wishing
(Cont'd) to speak on the matter, and the public portion
of the hearing was closed.
Mayor Pro Tempore Katzakian introduced
Ordinance No. 1165 zoning the area encom-
passed by the Millswood Subdivision, which is
south of Yosemite Drive between Mills Avenue
and Rainier Drive, R-2, Single -Family Resi-
dential. The motion was seconded by Council-
man Hughes and carried by the following vote -
Aye s:
ote:Ayes: Councilmen - Hughes, Katzakian,
McCarty and Pinkerton
Noes: Councilmen - None
Absent: Councilmen - Katnich
Abstain: Councilmen - None
PLANNING
Assistant City Manager Glenn gave the follow -
COMMISSION
ing report of the Planning Commission meeting
of January 22, 1979:
ITEMS OF
INTEREST
The Planning Commission -
1. Conditionally approved the request of
Z
Rivergate Development Company for the
approval of the Revised Tentative Map of
Rive rgate -Mokelumne, Unit #2, a 52 -unit,
5.4 acre development proposed for the
northwest corner of West Turner Road and
Rivergate Drive in an area zoned P -D(5),
Planned Development District No. 5.
2. Conditionally approved the request of
Katzakian and Schaffer Realty to divide an
existing parcel at the northwest corner of
South Fairmont Avenue and West Oak Street
into two parcels with Parcel "A" having 70
feet of frontage on South Fairmont Avenue,
and Parcel "B" having 113. 15 feet of fron-
tage on South Fairmont Avenue.
3. Conditionally approved the request of
Lawson-Itaya-Espalin, Architects on behalf
of the Bank of America for a Use Permit for
a temporary Bankmobile at 700 West Kettle -
man Lane in the Vineyard Shopping Center in
an area zoned P -D(15), Planned Development
District No. 15.
COMMUNICATIONS City Clerk Reimche presented the following
Claim which had been presented to the City:
CLAIM �' Michael Richter, Loss Date - July 19, 1978
-3=
s
Minutes of February 7, 1979, continued
CLAIM
(Cont'd) On motion of Mayor Pro Tempore Katzakian,
Pinkerton second, Council rejected the Claim
presented by Michael Richter and referred it
to R. L. Kautz and Company, the City's Contract
Administrator.
PUC The City Clerk presented the following applica-
APPLICATIONS tions presently before the Public Utilities Corn -
mission:
f 1) 58468 of PG&E for authority to reduce its
Electric Rates and charges under the Energy
Cost Adjustment Clause included in its
Electric Tariff.
Z) 58469 of PG&E for authority to revise its gas
rates and tariffs under the Gas Cost Adjust-
ment Clause, to change gas rate design, and
to modify the Gas Cost Balance Account to
reflect carrying costs of gas in storage.
3) 58470 of PG&E for authority to revise its gas
rates and tariffs under the Supply Adjustment
Mechanism, to change gas rate design, and to
consolidate the Supply Mechanism with the Gas
Cost Adjustment Clause. _
PLANNING
City Clerk Reimche presented a letter which had
COMMISSIONER
been received from Planning Commissioner
WOOLLETT TO
Frank S. Woollett stating that he will undergo
UNDERGO . ?
surgery shortly and.discussing his possible future
SURGERY
plans as a member of the Planning Commission.
SANITARY CITY
Council was apprised that a certified copy of
REORGANIZA-
LAFCO Resolution 405 had been received which ,
TION
disapproves the proposed Sanitary City Reorgani-
zation without prejudice, which signifies consent
to waive provisions that would otherwise prohibit
initiation of a new proposal within one year follow-
ing disapproval.
ABC LICENSES
City Clerk Reimche presented the following
!
Alcoholic Beverage License Applications which
had been received:
t
1) Bonnie J., Edward and Ronald Dancer, Plaza
Liquors, 800 S. Cherokee, -Lodi - Off Sale
General, Person to person transfer.
2) Doris and Hassan Mosri, Lodi Avenue Liquor,
914 W. Lodi Ave., Lodi - Off Sale General -
Person to person transfer, Premises to
premises.
3) James A. McCarty, The Chopping Block, 412 W.
Lodi Ave., Lodi - Off Sale General, Person to
person transfer
-4-
253
254 Minutes of February 7, 1979, continued
ABC LICENSES
(Cont'd) 4) Larry E. and George Pacheco, Denny's
Restaurant, 701 E. Kettleman Lane, Lodi,
On Sale Beer and Wine Eating Place, New
License
5) Charles A. and Jacqueline Wagner, Happy
Steak Restaurant, 224 N. Ham Lane, On
Sale Beer and Wine Eating Place, New
License.
OPENING OF City Clerk Reimche presented an invitation
CONGRESSMAN which had been received from the Honorable
SHUMWAY'S Norman D. Shumway inviting the Council to
DISTRICT attend the opening of his District Office on
OFFICE Friday, February 9, 1979.
PUBLIC HEARING
RE PROPOSED
Following introduction of the matter by City
VACATION OF A
Clerk Reimche, Council, on motion of Mayor
PORTION OF AN
Pro Tempore Katzakian, McCarty second,
EAST -WEST
continued the Public Hearing on the proposed
S9;R��T, NORTH
vacation of a portion of an east -west street; -�_•.
OF WEST LODI
north of West Lodi Avenue on the east side of (�
AVENUE ON THE
= South Hutchins Street to March 7, 1979 at 8:00
EAST SIDE OF S.
p. m.
HUTCHINS ST. s
REPORTS OF
CITY MANAGER
CONSENT In accordance with the report and recommenda-
CALENDAR tion of the City Manager, the following actions,
hereby set forth between asterisks, on motion
of Mayor Pro Tempore Katzakian, Hughes
second, were approved by the Council.
CLAIMS '' CLAIMS WERE APPROVED IN THE AMOUNT OF
$1,857,725.40.
RES. AUTHOR- Council was given an inventory of certain records
IZING DESTRUC- of the Public Works Department for which the City
TION OF CERTAIN Attorney had given his written consent to destroy.
PUBLIC WORKS
RECORDS RESOLUTION NO. 79-15
RES. NO. 79-15 RESOLUTION AUTHORIZING DESTRUCTION OF
CERTAIN PUBLIC WORKS RECORDS.
P.D. AUTHOR- A request from the Police Department to purchase,
IZED TO PURCHASE" as in the past, flares, ammunition and police
EQUIPMENT & vehicles from the Office of Procurement, State of
SUPPLIES FROM California for the calendar year of 1979 was pre -
STATE sented for Council approval.
RES. NO. 79-16
r 5-
Minutes of February 7, 1979, continued
P. D. SUPPLIES
(Cont'd) RESOLUTION NO. 79-16 -
RESOLUTION AUTHORIZING THE POLICE
DEPARTMENT TO PURCHASE EQUIPMENT
AND SUPPLIES FROM THE STATE OF
CALIFORNIA. - -
AWARD -LOADER Assistant City Manager Glenn presented the
DUMP TRUCK following bids which had been received for a
Loader Dump Truck -for the Public Works
RES. NO. 79-17 Department:
BIDDER AMOUNT
Geweke Ford $43,391.47
Interstate International $45, 193.77
Mr. Glenn recommended that the award be
made to the low bidder, Geweke Ford, and
that it will be necessary to approve a Special
Allocation for $2, 075, the amount this item
was underbudgeted in the 1978-79 Budget.
RESOLUTION NO. 79-1-7
RESOLUTION AWARDING THE BID FOR A
LOADER DUMP TRUCK FOR THE PUBLIC
WORKS DEPARTMENT TO GEWEKE FORD,
IN THE AMOUNT OF $43,391.47 AND
APPROVING A SPECIAL ALLOCATION IN
THE AMOUNT OF $2,075 TOWARD THIS
PURCHASE.
APPROVE FINAL Council was apprised that Matthews Develop -
MAP, SUBDIVISION ment Company, the developer of Matthews
AGREEMENT, ETC. Estates, has furnished -the City with the final
MATTHEWS map and the subdivision improvement plans as
ESTATES well as the necessary agreements, surety bonds,
and development fees for their proposed subdivi-
sion. The subdivision is located between South
Hutchins Street and South Church Street south of
the Albertson -Payless Shopping Center and con-
sists of 61 lots zoned R -MD.
COUNCIL APPROVED THE FINAL MAP, THE
IMPROVEMENT PLANS, AND THE IMPROVE-
MENT SECURITY AND DIRECTED THE CITY
MANAGER TO SIGN THE SUBDIVISION AGREE-
MENT, THE ELECTRICAL UTILITY AGREEMENT,
AND THE SANITARY SEWER EXTENSION REIM-
BURSEMENT AGREEMENT ON BEHALF OF THE
CITY.
AGENDA ITEM With the tacit concurrence of the Council, Agenda
"f" REMOVED Item "f" - "Approve Subdivision Agreement -
FROM AGENDA Beckman Estates" was removed from the Agenda.
-6-
255
256 Minutes of February 7, 1979, continued
AMENDMENT TO
Council was informed that the 1978-79 Trans -
1978 -79 -
portation Development Act Claim has been
TRANSPORTATION
amended to include all road and street projects
DEVELOPMENT
for which the City anticipates spending SB325
ACT CLAIM
monies on -in this current fiscal year.
RES. NO. 79- 18
The 1978-79 claim also reduces the amount of
INTRO. «
funds for the Dial -A -Ride demonstration project,
MAPS
as a result of new estimated income and expendi-
tures. These changes are administrative in
'
nature and are prepared to reflect the City's
INTRO,
1978-79 Capital Improvement Program projects.
RESOLUTION NO. 79-18
RESOLUTION AMENDING THE 1978-79 CLAIM
FOR TRANSPORTATION DEVELOPMENT ACT
FUNDS (SB 325)
AMENDMENTS TO Following introduction of the matter by Assistant
CITY CODE RE
City Manager Glenn, City Attorney Mullen gave a
GARBAGE,
brief synopsis of a proposed ordinance amending
INSURANCE RE- _
certain sections of the City Code pertaining to the
QUIREMENTS, ETC.
definition of garbage, insurance requirements
REJECT OFFERS
required of the City Garbage Contractor and
ORD. NO. 1166 _
repealing recommendations and regulations for
INTRO. «
the use of the City Sanitary Fill.
MAPS
Discussion followed with questions concerning the
matter being directed to the City Attorney and to
ORD. NO. 1167
Mr. Glenn. .
Mayor Pro Tempore Katzakian then moved intro-
duction of Ordinance No. 1166 entitled "An
Ordinance Amending Section 11- 1 defining garbage,
11-7 and 11- 12 of,the Lodi City Code pertaining to
insurance requirements required of the City -
Garbage Contractor and repealing recommendations
and regulations for the use of the City Sanitary Fill''.
The motion was seconded by Councilman Hughes and
carried by the following vote:
Ayes: Councilmen - Hughes, Katzakian,
McCarty and Pinkerton
Noes: ..':Councilmen - None
Absent: Councilmen - Katnich
PUBLIC WORKS
Council was apprised that all parcel maps including
DIRECTOR
the proposed right of way dedication and easement
AUTHORIZED TO
dedication under the new Subdivision Ordinance
ACCEPT OR
require the approval of the Planning Commission.
REJECT OFFERS
Dedications on parcel maps under the existing word -
OF DEDICATIONS
ing of the Subdivision Ordinance also require that
MADE ON PARCEL
these dedications be accepted by City Council action.
MAPS
The problem created is the matter of processing the
parcel map through both the Planning Commission and
ORD. NO. 1167
Cit;r: Council . In many cases it could take up to five
INTRO,
weeks to get Planning Commission and Council appro-
val once the parcel map is completed and approved
by City staff.
-7-
257
Minutes of February 7, 1979, continued
DEDICATIONS ON Council discussion followed with questions being
PARCEL MAPS directed to Staff.
(Cont'd)
Mayor Pro Tempore Katzakian then moved for
introduction of Ordinance No. 1167 modifying the
existing Subdivision Ordinance and thereby author-
izing the Public Works Director to accept or reject
on behalf of the City, offers of dedications made on
Parcel Maps. The motion was seconded by Council-
man Hughes and carried by the following vote:
Ayes: Councilmen - Hughes, Katzakian,
McCarty and Pinkerton
Noes: Councilmen - None
Absent: Councilmen - Katnich
AGENDA ITEM With the tacit concurrence of the City Council,
"j" REMOVED Agenda Item "j" - "Storm Drainage Acreage Fee
FROM THE for 1800 S. Cherokee Lane" was removed from the
AGENDA ' Agenda.
REPLACEMENT
Assistant City Manager Glenn advised the Council
OF BOATHOUSE,
that the boathouse at Lodi Lake Park was recently
DOCKS & PATROL
destroyed by fire. The insurance recovery was
BOAT AT LODI
$7, 500 and payment has been received by the
LAKE PARK
Finance Department.
APPROVED
It is proposed to replace the old wooden structure
j
destroyed by fire with a metal building at an esti-
mated cost of $3, 800. Estimated cost of replacing
the docks is $2, 000. The most expensive item to
replace is the patrol boat at a cost of $4, 850.
Paddles, lifejackets and various items of $300 or
less bring the total cost to $11,875. A lengthy dis
cussion followed with questions being directed to
Staff. Diagrams depicting the patrol boat proposed
to be'purchased were presented for Council's perusal.
Following introduction of the matter by Councilman
McCarty, Council discussed the feasibility of using
a canine patrol in the Lodi Lake Park area.
Following additional discussion, Council, on motion
of Mayor Pro Tempore Katzakian, Pinkerton second,
approved a Special Allocation in the amount of
$11, 875. 00 to cover the replacement of the boathouse,
docks, and patrol boat at Lodi Lake Park.
RES. REAFFIRMING Council was advised by Assistant City Manager Glenn
CITY'S INTENTION that recent legislation subjects public entities which
TO SELF -INSURE are self-insured for Workers' Compensation to regu-
FOR WORKERS' lation by the Director of the Department of Industrial
COMPENSATION Relations. Accordingly, the City must file an appli-
LIABILITY cation for a Certificate of Consent to Self Insure.
RES. NO. 79-19
258
Minutes of February 7, 1979 continued
SELF-INSURANCE Following discussion, on motion of Mayor Pro
WORKERS'COMP. Tempore,Katzakian, Hughes second, Council
(Cont'd) adopted Resolution No. 79- 19 reaffirming the
City's intent to self -insure for Workers' Compen-
sation liability and authorized the City Manager or
the Assistant City Manager to act in the City's
behalf in this regard.
AWARD -LIABILITY Assistant City Manager Glenn apprised the City
INSURANCE Council that the City's present liability insurance
COVERAGE expired at midnight February 1, 1979. The City,
through its Agent of Record, Max Elson received
the following three proposals for insurance:
ANNUAL
COMPANY AMOUNT DEDUCTIBLE PREMIUM
Admiral $5,000,000 $50, 000 $127,452
Columbia
Casualty $5,000,000 $100,000 $110,685
$200, 000 stop loss
Cranford $5,000,000 $ 50,000 $131, 500
RLI
Council was further informed that the Admiral
Company has indicated they, also, -would write a
$100, 000 deductible policy at approximately $111, 000.
Based upon this, Mr. Elson has been asked to bind
renewal with the Admiral Company.
A lengthy discussion followed with questions being
directed to Mr. Glenn, the City Attorney, and to
Mr. Jim Elson who was in the audience.
On motion of Councilman Hughes, Katzakian second,
Council authorized renewal of the City's liability
policy with the Admiral Company at a cost of approxi-
mately $111, 000. 00, using a $100, 000. 00 retention;
authorizing that a restricted interest-bearing fund be
established by the City in the amount of $50, 000. 00
for self-insurance retention; and further, that a
policy be established allocating $25, 000 per year to
this fund until such time that a limit is reached which
is desirable to the City Council.
MUTUAL LICENSE City Attorney Mullen apprised the Council that in
AGREEMENT RE connection with the Bank of America remodeling and
CITY PARKING redesigning of the parking lot, he would deem it
LOT ,`r3 advisable to enter into a Mutual License Agreement.
The City Attorney pointed out that Paragraph I of
the proposed agreement presented for Council's
perusal provides that either party may terminate
on 180 days' notice to the other party. Mr. Mullen
deems this advisable in the event that the City in the
future may want to use the parking lot for covered
parking, or such other purpose as may be deemed
best for the citizens of Lodi.
Following discussion with questions being directed
to the City Attorney, Council, on motion of Council-
man McCarty, Pinkerton second, approved a
-9-
259,
Minutes of February 7, 1979, continued
MUTUAL LICENSE Mutual License Agreement between the City of
AGREEMENT Lodi and Bank of America re City Parking Lot
(Cont'd) No. 3 and authorized the Mayor and City Clerk
to execute the agreement on behalf of the City.
AGENDA ITEM With the tacit concurrence of the City Council,
"o" REMOVED Agenda item "o" - "Authorize NPC Tax
FROM AGENDA Deferred Annuity and Insurance Marketing
Corporation to serve as the City's Administra-
tor/Coordinator for Deferred Compensation"
was removed from the Agenda.
ORDINANCES
Ordinance No. 1164 entitled "An Ordinance
Amending Section Z-6 of the Lodi City Code
CITY CODE
Entitled 'Duties, etc. of Mayor as Presiding
AMENDED RE
Officer; Mayor Pro Tempore' " having been
DUTIES, ETC.
introduced at a regular meeting held
OF MAYOR;
January 17, 1979 was brought up for passage
DATE OF
on motion of Mayor Pro Tempore Katzakian,
ELECTION
Hughes second. Second reading was omitted
after reading by title, and the Ordinance was
ORD. NO. 1164
then adopted and ordered to print by the follow -
ADOPTED
ing vote:
-
Ayes: Councilmen - Hughes, Katzakian,
McCarty, and Pinkerton
Noes: Councilmen - None
Absent: Councilmen - Katnich
ADJOURNMENT There being no further business to come
before the Council, Mayor Pinkerton adjourned
the meeting at approximately 9:08 p.m.
Attest:
I mo: A,
ALICE M. RVMCHE
CITY CLERK