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HomeMy WebLinkAboutMinutes - April 18, 1979all CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 18, 1979 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m., Wednesday, April 18, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Katnich, McCarty, Pinkerton and Katzakian (Mayor) Absent: Councilmen - Hughes Also City Manager Glaves, Assistant City Present: Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Mullen, and City Clerk Reimche. INVOCATION The invocation was given by Reverend Eric Coulon, First Baptist Church. PLEDGE Mayor Katzakian led the Pledge of Allegiance to the flag. MINUTES On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the Minutes of March 21, 1979. PROCLAMATION Mayor Katzakian proclaimed the week of April 15 - Z 1, 1979 as "Private Property Week" and presented the Proclamation to Mr. Jeff Kirst. PUBLIC HEARINGS LODI DOOR & Notices thereof having been published in accordance with METAL CO., INC, law and. affidavit of publication being on file in the office REZONING of the City Clerk, Mayor Katzakian called for the public hearing to consider the City Planning Commission's ORD. NO. 1169 recommendation and certification of the filing of a INTRO. Negative Declaration by the Community Development Director of the request of Lodi Door and Metal Company, Inc. to amend the Land Use Element of the General Plan and to rezone a parcel on the north side of East Pine Street, east of Cluff Road; and, Consider the_ City Planning Commission's recommenda- tion for approval of the request of Lodi Door and Metal Company, Inc. to amend the Land Use Element of the General Plan by changing a 13. 88 acre area which is located between State Route 12 (Victor Road) and East Pine Street, east of Cluff Road from Phase Z to Phase 1 of Industrial Development; and 306 Minutes of April 18, 1979, continued LODI DOOR & Consider the City Planning Commission's recommenda- METAL tion for approval of the request of Lodi Door and Metal ORD. 1169 Company, Inc. to rezone a 7. 6 acre parcel on the north INTRO. side of East Pine Street, east of Cluff Road from U -H, (C ont'd) Unclassified Holding District to D1.-2, Heavy Industrial District. The matter was introduced by Community Development Director Schroeder who presented diagrams of the subject area. Speaking on behalf of the matter was: Mr. Dan Anderson, 1600 Edgewood Drive Vice President of Lodi Door and Metal, Inc. There being no further persons wishing to speak on the . matter, the public portion of the hearing was closed. Council discussion followed with questions being directed to Staff. On motion of Mayor Pro Tempore Katnich, McCarty second, Council approved the City Planning Commission's recommendation and certification of the filing of a Nega- tive Declaration by the Community Development Director of the request of Lodi Door and Metal Company, Inc. to amend the Land Use Element of the General Plan and to rezone a parcel on the north side of East Pine Street, east of Cluff Road. On motion of Mayor Pro Tempore Katnich, McCarty second, Council amended the Land Use Element of the General Plan by changing a 13.88 acre area which is located between State Route 12 (Victor Road) and East Pine Street, east of Cluff Road from Phase 2 to Phase 1 of Industrial Development. Mayor Pro Tempore Katnich then moved introduction of Ordinance No. 1169 rezoning a 7. 6 acre parcel on the north side of East Pine Street, east of Cluff Road from U -H, Unclassified Holding District to M-2, Heavy Industrial District. The motion was seconded by Council- man McCarty and carried by the following vote: Ayes: Councilmen - Katnich, McCarty, Pinkerton, and Katzakian Noes: Councilmen - None Absent: Councilmen - Hughes COMPLAINT RE Mr. Curtis Drege, 1201 Hale Road (708 Beckman Road), NO RIGHT -OF- Lodi addressed the Council complaining that there WAY AT 1201 presently is no right-of-way at that location. Questions HALE ROAD, LODI regarding the complaint were posed by the Council to Mr. Drege and to Staff. Mayor Katzakian directed the City Manager to check into the matter. Wz Minutes of April 18, 1979, continued 307 PLANNING COMMISSION PROPOSED VACATION TICKNOR COURT The City Manager gave the following report of the. Planning Commission meeting of April 9, 1979: "The Planning Commission - 1. Determined that no public need existed and recommended the abandonment of the westerly 3 feet of a 10 foot public utility easement only the east line of Lots 7, 8 and 9 (i. e. , 240 and 250 Ticknor Court and 1601 West Lodi Avenue) with the exception of the north 10 feet of Lot 7 and the south 5 feet of Lot 8. City Clerk Reimche apprised the Council that the matter had previously been set for Public Hearing on May 2, 1979. The Planning Commission also - 1. Instructed the Chairman of the Planning Com- mission to appoint a Committee consisting of 2 Planning Commission members, 2 representa- tives of the Lodi Industrial Group and 3 lay citizens to review and make recommendations on the draft Noise Ordinance originally recommended by the Planning Commission on October 10, 1973. The Committee is to be appointed at the Planning ITEMS OF INTEREST Commission meeting of May 14, 1979. 2. Amended the Use Permit for the Sun West Swim and Racquet Club which was originally approved April 10, 1972 to require that the club not operate before the hours of 7:00 a, m, during the months of June,, July and August and 8:00 a, m. the remainder of the year. 3. Determined that two zoning hardships existed and approved the request of Mr. Marciano del Castillo for a Variance to reduce the required off-street parking for a building addition from 2 spaces to 0 spaces at 601 South Central Avenue in an area zoned C-1, Neighborhood Commercial. 4. Accepted the withdrawal of the request of Mr. Elmer Bertsch for a Use Permit to establish a card room at 100 North Cherokee Lane in an area zoned C-2, General Commercial. 5. Recommended approval of action initiated by the San Joaquin County Planning Commission to re- classify property from GA -1, GA -20 (General _ Agriculture), EA -1 (Exclusive Ag), I -PA (Interim Protected Agriculture) and R1-20, Residential to �. GA - 10, GA -20 and/or GA -40 (General Ag), and _ enlarge agriculture preserve R -69 -Cl, in an area generally bounded by CCCT railroad on the west; the Mokelumne River and Elliott Road on the north; State Route 88, Brandt Road and Jack Tone Road on the east; and Kettleman Lane on the south. The rezoning is one in a continuing series to update the county's zoning. The proposal will increase mini- mum parcel size for new divisions. 308 Minutes of April 18, 1979, continued COMMUNICATIONS PETITION RE SPEED The City Clerk presented a petition which had been LIMIT IN AREA OF received bearing approximately 211 signatures pre - HAM LANE -CENTURY sented by "The Oaks ad-hoc Committee for the es - TO HARNEY tablishment of a 25 MPH Speed Limit". The petition relates to what is stated as "their" understanding that a 35 MPH speed limit will be requested by the City of Lodi Engineering Departmefft on S. Ham Lane from Century Boulevard to Harney Lane; and further states that residents of that area wish to present the Council with arguments against the 35 MPH speed limit and strongly requests that a 25 MPH speed limit be established. Council was advised that this matter was listed as item "o" on the agenda and if Council so desired argument could be heard at that time. Council tacitly concurred to hear argument at the time item "o" is considered. CLAIMS City Clerk Reimche presented a claim which had beer} filed on behalf of Steven Porter showing a date of loss, of July 3, 1978. On motion of Mayor Pro Tempore ' Katnich, Katzakian second, the claim was denied and referred to the City's contract administrator. The City Clerk presented a claim which had been filed on behalf of George Frogue showing a date of loss of July 9, 1978. On motion of Mayor Pro Tempore Katnich, Pinkerton second, the claim was denied and referred to the City's contract administrator. ABC LICENSE The City Clerk presented an application for Alcoholic Beverage License for Carrows Restaurants, Inc., �' David G. Nancarrow, Carrows Hickory Chip Restaur- ant, 612 E. Kettleman Lane, On Sale Beer and Wine Eating Place. SUPPORT OF The City Clerk presented a letter which had been re - ARTS BUDGET ceived from San Diego's Mayor Pete Wilson to which URGED was attached a copy of a letter that he had sent to the San Diego County Legislative delegation urging their support of the $11.-9 million arts budget proposed for the next fiscal year; and urging the City to write to its own legislative delegation urging their support. PUC HEARING RE The City Clerk advised the Council of the receipt of a CLOSING OF Notice of Temporary Removal from the Calendar from VARIOUS CITY the Public Utilities Commission advising that the inves- CROSSINGS tigation into the status, safety, maintenance, operation, use, protection and closing of various crossings at grade with the "D" Line of the Southern Pacific Trans- portation Company in the City of Lodi has temporarily been removed from the -calendar. The Council was further advised that the City Attorney had been infor- mally notified that the hearing has been reset for June 27, 1979 in Lodi and June 28, 1979 in San Francisco. -4- Minutes of April 18, 1979, continued 3 0.q REPORTS OF CITY MANAGER CONSENT CALENDAR Mayor Katzakian asked to abstain from voting on Agenda item "b" - "Approve Agreements (1130 W. Kettleman - Stockton Savings and Loan) and Agenda item "d" - 'Approve Agreements, Subdivision Map - Maxwell Indus- trial Park". In accordance with the report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Katnich second, were approved by Council, with Mayor Katzakian abstaining on items "b" and "d". ,•-�-r=�<�',: �: �`�; �m�;�<�<:;;��;:T#T�«<>kT�� ��<;=�>k��� �<M ;<#•ri<#�<; #h �#�<#�<#n<-;:,k �:k x<����<�<�; ���;m #r�; %:�:;:�:< CLAIMS APPROVE AGREE- MENTS 1130 W. KETTLEMAN- STOCKTONSAVINGS & LOAN AGENDA ITEM "b" CLAIMS WERE APPROVED IN THE AMOUNT OF $1, 727, 038. 74. Council was apprised that the developer of 1130 W. Kettleman Lane has provided the City with the necessary agreements, bonds and development fees in the amount of $3, 375. 09 for the proposed development. It was requested that the City Council approve the Improvement Plan and the Improvement Securities for the development of 1130 W. Kettleman Lane, a single' parcel savings and roan site. COUNCIL APPROVED THE IMPROVEMENT PLANS AND THE IMPROVEMENT SECURITIES FOR 1130 W. KETTLEMAN LANE AND DIRECTED THE CITY MANAGER TO SIGN THE DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY. (Mayor Katzakian abstained from voting on this item). (Agenda Item "b"). APPROVE Council was apprised that the developer of 1617 Ackerman DEVELOPMENT Drive has 'provided the City with the necessary agreements, AGREEMENTS FOR bonds and development fees in the amount of $2, 154. 15 for 1617 S. ACKERMAN the proposed development. Council was requested to DRIVE _ approve the improvement plans and the improvement -` securities for the development of 1617 Ackerman Drive. COUNCIL APPROVED THE IMPROVEMENT PLANS AND THE IMPROVEMENT SECURITIES FOR 1617 ACKERMAN DRIVE AND DIRECTED THE CITY MANAGER TO SIGN THE DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY. MAXWELL The City Council was informed that the developer of INDUSTRIAL PARK Maxwell Industrial Park has provided the City with the APPROVED necessary subdivision map, agreements, bonds, and development fee in the amount of $122, 478.2 1 for the proposed development. This subdivision is located between South Stockton Street and the Southern Pacific Railroad and will consist of twelve industrial lots. =5- 310 Minutes of April 18, 1979, continued MAXWELL INDUSTRIAL COUNCIL APPROVED THE FINAL MAP, THE PARK APPROVED IMPROVEMENT PLANS, AND THE IMPROVEMENT (Cont'd) SECURITIES FOR MAXWELL INDUSTRIAL PARK, AND DIRECTED THE CITY MANAGER TO SIGN THE SUBDIVISION AGREEMENT ON BEHALF OF THE CITY. (Mayor Katzakian abstained from voting on this item). APPROVE SUBDIVISION The City Council was informed that the developer of AGREEMENTS, ETC. Burlington Manor is expected to furnish the City with FOR BURLINGTON MANOR the final map and the subdivision improvement plans as well as the necessary agreements, bonds and development fees for their proposed subdivision prior to the meeting of April 18, 1979 and it is in order for the City Council to approve these documents. This subdivision is located between Louie Avenue and Turner Road on the east side of Ham Lane and will consist of 27 residential lots zoned R- 1 and R-2. The City will pay to the developer $2, 560. 31 for some additional street work at the eastern limits of the subdivision. COUNCIL APPROVED THE FINAL MAP, I.MPROVE- MENT PLANS, AND THE IMPROVEMENT SECURITIES. FOR BURLINGTON MANOR AND DIRECTED THE CITY MANAGER TO SIGN THE SUBDIVISION AGREEMENT AND THE ELECTRICAL UTILITY AGREEMENT ON BE- HALF OF THE CITY. PLANS & SPECS FOR The Plans and Specifications for Church Street Storm CHURCH ST. STORM Drain, Olive Court to Forrest Avenue were presented DRAIN -OLIVE COURT to the City Council for approval. Council was TO FORREST AVE. apprised that the installation of a storm drain on APPROVED Church Street between Olive Court and Forrest Avenue was approved in the 1978-79 Capital Improvement Budget with an estimated expenditure of $32, 400. In general, the work consists of installation of 460 lineal feet of 24" pipe, 260 lineal feet of ZL" pipe, and 2: man- holes for the purpose of relieving the undersize storm drain system in the area. COUNCIL APPROVED THE PLANS AND SPECIFICA- TIONS FOR CHURCH STREET STORM DRAIN, OLIVE COURT TO FORREST AVENUE AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. PLANS & SPECS FOR Council was informed that the installation of a storm CRESCENT AVENUE drain in Crescent Avenue between Walnut Street and STORM DRAIN- Pine Street was approved in the 1978-79 Capital WALNUT TO PINE Improvement Budget with an estimated expenditure APPROVED of $53, 400. In general, the work consists _of the installation of 1130 feet of 24" storm drain, 167 feet of 12" storm drain, 1 catch basin, 1 manhole, and some miscellaneous concrete work. COUNCIL APPROVED THE PLANS AND SPECIFICA- TIONS FOR "CRESCENT AVENUE STORM DRAIN, WALNUT STREET TO PINE STREET" AND AUTHOR- IZED THE C_IT_Y CLERK TO ADVERTISE FOR BIDS THEREON. -6- Minutes of April 18, 1979, continued 311 PLANS & SPECS Plans and specifications for the Grape Bowl Retaining FOR GRAPE BOWL Wall were presented for Council's approval. Council RETAINING WALL was apprised that the retaining wall construction was APPROVED approved in the Capital Improvement Budget with an estimated expenditure of $65, 000. In general, the work consists of constructing 340 lineal feet of 4 foot high retaining wall with drainage apron on each side of the stadium, fronting existing seats on the north and south sides. The required railing will be installed by the Parks and Recreation Department. Inspection of this project will be accomplished by Morris-Wenell Associates, the designers of the retaining wall. COUNCIL APPROVED THE PLANS AND SPECIFICA- TIONS FOR THE GRAPE BOWL RETAINING WALL AND AUTHORIZED THE CITY CLERK TO ADVER- TISE FOR BIDS THEREON. DESTRUCTION OF Whereas, the City Attorney had reviewed and given his CERTAIN PUBLIC written consent to the destruction of certain records in WORKS RECORDS the City of Lodi Public Works Department, Council APPROVED adopted the following resolution: RES. NO. 79-40 RESOLUTION NO. 79-40 RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN PUBLIC WORKS DEPARTMENT RECORDS. ACCEPTANCE OF The City Council was informed that the contract for LOCUST STREET "Locust Street Improvements, Pleasant Avenue IMPROVEMENTS Improvements", which had been awarded to Teichert & PLEASANT AVE. Construction of Stockton on January 3, 1979 in the IMPROVEMENTS amount of $36 ,126 has been completed in substantial ,C conformance with the plans and specifications approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "LOCUST STREET IMPROVEMENTS, PLEASANT AVENUE IMPROVEMENTS" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. LIBRARY COUNCIL ACCEPTED THE "LIBRARY TECHNICAL TECHNICAL FURNITURE" AND DIRECTED THE PUBLIC WORKS FURNITURE DIRECTOR TO FILE A NOTICE OF COMPLETION -ACCEPTED WITH THE COUNTY RECORDER'S OFFICE THEREON. { YIELD SIGNS Council was apprised that Tokay Street has recently [ ESTABLISHED been opened between Ham Lane and Virginia Avenue, L— ON TOKAY ST, which completes the extension of the street from Lower AT VIRGINIA Sacramento Road to Cherokee Lane. Since this is the AVE. only east -west street between Lodi Avenue and Kettleman Lane which extends that distance, it can be expected that RES. NO. 79-41 traffic volumes will increase, creating problems at =y�10J intersecting streets. -7- 312 Minutes of April 18, 1979, continued YIELD SIGNS COUNCIL ADOPTED RESOLUTION NO. 79-41 REI,,IOV- RES. NO. 79-41 ING THE YIELD SIGN ON TOKAY STREET AT (Cont'd) VIRGINIA AVENUE AND ESTABLISHED THE FOLLOW- ING STREETS AS STREETS WHICH ARE REQUIRED TO STOP FOR TOKAY STREET: HAMPTON DRIVE ATHERTON DRIVE VIRGINIA AVENUE CAMELLIA WAY PEACH STREET WILLOW AVENUE ALTO WAY PASSENGER Mr. Wayne Trevina, Manager of Pacific Coast LOADING ZONE Producers has requested a passenger loading zone on ESTABLISHED ON Stockton Street south of Maple Street in a further STOCKTON ST. attempt to eliminate on -street parking problems and traffic congestion in the vicinity of the cannery. RES. NO. 79-42 a i RESOLUTION NO. 79-42 RESOLUTION ESTABLISHING A PASSENGER LOADING AND UNLOADING ZONE ON THE WEST SIDE OF STOCKTON STREET SOUTH OF MAPLE STREET. NO PARKING ZONES Agenda item "n", entitled "Approve red zones and & ELIMINATION OF diagonal parking elimination" was introduced by Public ANGLE PARKING Works Director Ronsko. Diagrams of the subject areas were presented for the Council's perusal. Following Council discussion with questions being directed to Staff, Council, on motion of Mayor Pro Tempore Katnich, Pinkerton second, approved traffic signal installations on Ham Lane and Vine Street with the establishment of "No Parking" zones as depicted in a diagram presented to the Council by Staff by the following vote: Ayes: Councilmen - Katnich, Pinkerton and K atzaki an Noes: Councilmen - McCarty Absent: Councilmen - Hughes Discussion followed regarding traffic signal installa- tions and elimination of on -street parking in the area of Lodi Avenue and Fairmont Avenue. Speaking in opposition -to the elimination of certain on - street parking in this area was Dr. Ingeburg Kultzen, 1111 W. Lodi Avenue. Following Council discussion, with questions being ' directed to Dr. Kultzen and to Staff, Council, on motion of Councilman Pinkerton, Katnich second, approved traffic signal installations on Lodi Avenue and Fairmont Avenue without establishing additional "No Parking" zones. - -8- Minutes of April 18, 1979, continued NO PARKING Council, on motion of Councilman Pinkerton, Katnich ANGLE PARKING second approved a flashing beacon installation at (Cont'd) Stockton Street and Elm Street. Traffic signal modifications and the establishing of additional "No Parking" zones on those streets de- picted with an asterisk were discussed at length by the Council.- Lodi ouncil: Lodi Avenue and Ham Lane Lodi Avenue and Crescent Avenue Lodi Avenue and Hutchins Street Lodi Avenue and Church Street *Lodi Avenue and School Street *Lodi Avenue and Sacramento Street Lodi Avenue and Stockton Street Lodi Avenue and Central Avenue Lodi Avenue and Cherokee Lane Following Council discussion, Council on motion of Mayor Pro Tempore Katnich, Pinkerton second approved traffic signal modifications without elimin- ating any additional parking spaces on: Lodi Avenue and Ham Lane Lodi Avenue and Crescent Avenue Lodi Avenue and Hutchins Street Lodi Avenue and Church Street Lodi Avenue and Stockton Street Lodi Avenue and Cherokee Lane The following persons addressed the City Council speaking in opposition to eliminating additional parking spaces on: Lodi Avenue and School Street Lodi Avenue and Sacramento Street a) Mr. Rudy Wright, Sherwin-Williams Co., 26 W. Lodi Avenue, Lodi b) Mr. Randy Morrison, Long John Silvers Sea Food Shoppe, 14 W. Lodi Avenue, Lodi C) Mrs. Marty McCann, Tradewind Tires of Lodi, 1 W. Lodi Avenue, Lodi Also addressing the Council on the entire matter was Dr. C. W. Fortier, 840 S. Fairmont Avenue, Lodi. The Public Works Director recommended that, in order to eliminate accidents and to provide for the 25p10 left hand turning movement, "No Parking" zones be established to provide for left turn pockets at the Lodi Avenue intersections at School and Sacramento Streets. Following Council discussion with questions being directed to those giving testimony and to Staff, Council, on motion of Councilman Pinkerton, Katnich second, approved traffic signal modifications without establishing additional "No Parking" zones on Lodi Avenue and School Street and Lodi Avenue and Sacramento Street. 31 I 814 Minutes of April 18, 1979, continued NO PARKING The City Council was advised by Public Works Director ANGLE PARKING Ronsko that the plans for the modification of the signal (Cont'd) at Lodi Avenue and Central Avenue provide for a separate right turn on the south leg of the intersection; realignment of the pedestrian crosswalk on the west leg; and realign. ment of the painted island on the north leg. To provide for these improvements, it will be necessary to convert the existing angle parking on Central Avenue between Lodi Avenue and Hilborn Street to parallel parking. Speaking in opposition to the proposed parallel parking were: a) Mr. Brandon Purdy, 315 S. Central Ave., Lodi b) Mr. Dan Schimke, 443 E. Vine Street, Lodi c) Mrs. L. Lourdeau, 310 S. Central Ave., Lodi A lengthy Council discussion followed with Councilman McCarty moving that the area be left as it presently is with no modifications being made to the present parking patterns. The motion died for lack of a second. Addi- tional discussion followed. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council continued the matter to the regular Council meeting of May 2, 1979 to allow time for further review of the matter by Council. ESTABLISH SPEED Agenda item "o" - "Establish speed zone, Harney, Ham, ZONE, HARNEY, and Century" was introduced by City Manager Glaves who HAM, & CENTURY apprised the Council that since the Agenda had been pre- pared, Staff had an opportunity to discuss the matter with " Judge Seibly and that it would be his recommendation that - the item be continued to allow Staff additional time to review this latest information. Background information on the subject was presented by Public Works Director Ronsko. A number of persons were in the audience who wished to address the Council on the matter and they asked to be heard at this time. a) A petition bearing approximately 211 signatures which in part states that it is their understanding that a 35 MPH speed limit is being proposed by the City staff;, however, residents of this area wish to present to the City Council arguments against the 35 MPH speed limit and very strongly request a 25 MPH speed limit be established. Spokesman for the group signing the petition was Mr. Mike Williams, 2312 S. Ham Lane, Lodi who addressed the Council giving a presentation on behalf of the group opposing the 35 MPH speed limit and urging a 25 MPF speed limit be established. Also speaking in opposition to the proposed 35 MPH speed limit was: a) Mr. Arthur Price, 1053 Port Chelsea Circle, Lodi b) Mr. Loren Twing, 1015 S. Church Street, Lodi _10- Minutes of April 18, 1979, continued 31.9 ESTABLISH SPEED ZONE c) Mr. Charles Santini, 1001 Dartmoor Circle, Lodi (Cont'd) d) Mr. Carl Barben, 1135 Dartmoor Circle, Lodi Also speaking on the matter was Dr. C. W. Fortier, 840 S. Fairmont Avenue, Lodi, California Council discussion followed with questions being directed to staff. On motion of Mayor Pro Tempore Katnich, Pinkerton second, the matter was continued to allow time to gather and analyze further information on the subject. Staff was instructed to notify Mr. Mike Williams, 2312 S. Ham Lane, Lodi, spokesman for the concerned citizens in the area, as to the date this matter will again come before the Council. RECESS Mayor Katzakian declared a five-minute recess and the Council reconvened at approximately 9:40 p. m. MASTER Council was advised that in January of this year, the - DRAINAGE FEE City staff mailed a letter (copy of which was presented FOR PARKING for Council's perusal) to Mr. Leon Croce, owner of a LOT EXPANSION parcel located at 1800 S. Cherokee Lane; which requested AT 1800 S. payment of master drainage fees for a parking lot expan- CHEROKEE LANE sion. The City Staff met with the owner of this parcel on 3 occasions, and Mr. Croce feels he is not in -a position to accept the City's offer of a deferred payment as out- lined in the City's letter. Mr. Croce addressed the Council regarding his position on the matter. Council discussion followed with questions regarding the matter being directed to Staff and to Mr. Croce. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council determined that Mr. Croce would be responsible only for the payment for the second expansion on his property which fee would amount to $1, 592. 80. MODIFICATION OF Public Works Director Ronsko advised the Council that it STATE AGREEMENT was necessary to revise an agreement with the State FOR RAILROAD Department of Transportation re the railroad crossing CROSSING PROTEC- protection at Harney Lane and SPRR Crossings in order TION AT HARNEY & that the City could use its full share of the State Matching SPRR CROSSING 151. 3 Funds, which were allocated to the City during this fiscal year. This modification was necessary due to the funds originally being proposed for a Safer Off -System RES. NO. 79-43 Roads project, which was not approved by the State. On motion of Councilman Pinkerton, Katnich second, Council adopted Resolution No. 79-43 approving the modi- fication of the State Agreement for railroad crossing pro- tection at Harney Lane and SPRR crossing and authorized the City Manager to execute the agreement on behalf of the City. 11- Minutes of April 18, 1979, continued SPECIAL ELECTION Following introduction of the matter by City Clerk JUNE 26, 1979 Reimche and a review of certain provisions of the Elections Code regarding Initiative Elections, Council RES. NO. 79-44 took the following actions on motion of Mayor Pro Tempore Katnich, Pinkerton second. RESOLUTION NO. 79-44 Resolution setting the Special Election to bring to a vote of the voters whether Section 27-9 (b) 2 (i) of the City Code of the City of Lodi, entitled, "Building Site Area Requirements" should be amended, for Tuesday, June 26, 1979; directing the City Attorney to prepare an impartial analysis of the measure; determined that members of the legislative body would file a written argument; authorized a 3 -to 1 consolidation of the precincts, which would provide for a total of eight precincts; approved a contract with the San Joaquin County Department of Registration and Elections for the use of certain services, facilities and equipment; and approved a Special Allocation in the amount of $13, 500 to cover the estimated cost of the election. CONDITIONAL City Manager Glaves advised the Council that 911 Emer- APPROVAL OF 911 gency Telephone legislation was originally signed into law TELEPHONE SYSTEM in 1972 as AB 515. The bill required all cities, counties FINAL PLAN and emergency service districts in California to prepare and establish 911 emergency telephone systems by 1982. RES. NO. 79-45 In 1976, the Legislature enacted AB 416 to provide financ- ing for 911 systems from revenues generated by a one-half percent (0.5%) surcharge on intrastate telephone service, effective July 1, 1977. Additionally, the 911 final plan filing and implementation dates were extended to July 1, 1978 and December 31, 1984 respectively. Lodi, one of four PSAP's (Public Safety Answering Point) to be located in San Joaquin County, submitted a 911 Incremental Cost Summary on September 25, 1978. The grand total for the first year was estimated at $454,986 if implemented in 78(79 and projections to over $682,478 if implementation were in 1984. The 911 Emergency Telephone System legislation was initially supported by cities and counties on the basis that the costs would be FULLY financed by the telephone sur- charge tax revenues, however, revised estimate s.indicate that the telephone surcharge will be inadequate to properly fund a statewide telephone system.. Additionally, the State Guidelines Manual reports that the schedule for reimburse- ments of incremental costs will be subject to the availability of funds. Council discussion followed with questions regarding the matter being directed to Staff. On motion of ivlayor Pro Tempore Katnich, Pinkerton : second, Council adopted Resolution No. 79-45 approving the 911 Emergency Telephone System Final Plan subject to the condition that corrective legislation be enacted by the Legislature to either provide full funding of all 911 system costs (including implementation and maintenance) or to delete the existing mandate. - =12- Minutes of April 18, 1979, continued 317 APPLICATION TO Following introduction of the matter by City Manager LAFCO IN THE Glaves and additional background information being pro - MATTER OF THE vided by Community Development Director Schroeder, SLATE ADDITION Council adopted Resolution No. 79-46 - Resolution of the City Council of the City of Lodi for the Application RES. NO. 79-46 to the San Joaquin County Local Agency Formation Commission in the matter of the proposed Slate Addition reorganization, including the detachment of certain terri- tory within the area proposed for annexation to the City of Lodi. Ayes: Councilmen - Katnich, McCarty and Pinkerton Noes: Councilmen - None Abstain: Councilmen - Katzakian Absent: Councilmen - Hughes AWARD REFUSE Agenda item "v" - "Award Refuse Collection Contract" COLLECTION was introduced by City Manager Glaves. Councilman CONTRACT Pinkerton reported on various meetings that he, Mayor Pro Tempore Katnich and Assistant City Manager Glenn RES. NO. 79-48 had with representatives of Sanitary City Disposal Co. , Inc. and Lodi Resource Recovery and Disposal Company regarding their respective proposals. Councilman Pinkerton concluded his remarks by apprising the Council that an amended proposal had just been received frona Sanitary City Disposal Co., Inc. and that it would be Mayor Pro Tempore Katnich and his recommendation that Sanitary City Disposal Co., Inc. continue to provide resi- dential and commercial collection and disposal of garbage in the City of Lodi pursuant to the proposal received from that Company dated April 18, 1979. A lengthy discussion followed with questions being directed to staff and to the City Attorney. -13- Mayor Katzakian asked to abstain from voting on the following item because of a possible conflict of interest. APPLICATION TO Following introduction of the matter by City Manager Glaves LAFCO IN THE and additional background information being provided by MATTER OF THE Community Development Director Schroeder, Council, on FILLEY RANCH motion of Councilman Pinkerton, Katnich second, adopted ANNEXATION Resolution No. 79-47 - Resolution of the City Council of the NO. 2 City of Lodi for the Application to the San Joaquin County Local Agency Formation Commission in the matter of the RES. NO. 79-47 proposed Filley Ranch Annexation No. 2 reorganization, including the detachment of certain territory within the area proposed for annexation to the City of Lodi, with the understanding that those persons proposing the annexation are fully aware that at the present time the subject parcel may not be developed for urban use because terminal storm drainage facilities are not available. The City Council had previously determined that no additional "temporary" drainage facilities will be permitted in the area; and that upon annexation to the City of Lodi, the Williamson Act Contract with San Joaquin County covering this parcel will be voided, and the property will be taxed for its full cash value. The Resolution was adopted by the following vote: Ayes: Councilmen - Katnich, McCarty and Pinkerton Noes: Councilmen - None Abstain: Councilmen - Katzakian Absent: Councilmen - Hughes AWARD REFUSE Agenda item "v" - "Award Refuse Collection Contract" COLLECTION was introduced by City Manager Glaves. Councilman CONTRACT Pinkerton reported on various meetings that he, Mayor Pro Tempore Katnich and Assistant City Manager Glenn RES. NO. 79-48 had with representatives of Sanitary City Disposal Co. , Inc. and Lodi Resource Recovery and Disposal Company regarding their respective proposals. Councilman Pinkerton concluded his remarks by apprising the Council that an amended proposal had just been received frona Sanitary City Disposal Co., Inc. and that it would be Mayor Pro Tempore Katnich and his recommendation that Sanitary City Disposal Co., Inc. continue to provide resi- dential and commercial collection and disposal of garbage in the City of Lodi pursuant to the proposal received from that Company dated April 18, 1979. A lengthy discussion followed with questions being directed to staff and to the City Attorney. -13- 318 Minutes of April 18, 1979, continued AWARD REFUSE Addressing the Council on the recommendation were: COLLECTION CONTRACT a) Mr. Robert J. Mertz, representing Lodi Resource RES. NO. 79-48 Recovery and Disposal Company (Cont'd) b) Mr. Gene Walton, representing Sanitary City Disposal Co., Inc. Following additional discussion, Council, on motion of Mayor Pro Tempore Katnich, Pinkerton second, adopted Resolution 79-48 designating that Sanitary City Disposal Co. , Inc. will continue to provide residential and com- mercial collection and disposal of garbage in the City of Lodi pursuant to the proposal received from that company dated April 18, 1979 which in part provides for a base rate charge for residential service of $3. 00 for the first can and $1.40 for each additional can in excess of one can. The City Attorney was requested to prepare a formal contract for submission and approval by the City Council. COUNCILMAN Councilman Katnich asked to be excused from the meeting at KATNICH EXCUSED approximately 11:50 p.m. and was subsequently excused by Mayor Katzakian. SALARY Following introduction of the matter by Assistant City Manager INCREASED Glenn, Council, on motion of Councilman Pinkerton, McCarty GRANTED EM- second, received for filing Employees Compensation Memor- PLOYEES OF andum of Understanding - Electrical Unit and Maintenance and ELECTRICAL UNIT Operators Unit. & MAINTENANCE & OPERATORS UNIT On motion of Councilman Pinkerton, McCarty second, Council adopted Resolution No. 79-49 establishing compen- RES. NO. 79-49 sation for certain classified personnel in the Electrical Unit and Maintenance and Operators Unit as detailed in a presen- tation to Council by Assistant City Manager Glenn. ADJOURNMENT There being -no further business to come before the City Council, Mayor Katzakian adjourned the meeting at approxi- mately 12 Midnight on motion of Councilman Pinkerton, McCarty second: Attest:tICE M. RE, L �5t`_ ,, AL`E ' CHE CITY CLERK -14-