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HomeMy WebLinkAboutMinutes - June 6, 1979343 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 6, 1979 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m. , Wednesday, June 6, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes, Katnich, McCarty, Pinkerton and Katzakian (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Development Director Schroeder, Assistant City Engineer Glenn Robison, City Attorney Mullen and City Clerk Reimche. - INVOCATION The invocation was given by Reverend Herb Hirschfeld, First Methodist Church. PLEDGE Mayor Katzakian led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, Katnich second, the Minutes of May 2, 1979 and May 7, 1979 were approved. PLAQUE Mayor Katzakian presented a plaque commending HONORING C. R. C. R. Van Buskirk who untiringly and unselfishly VAN BUSKIRK gave of his time, energy and effort for the better - PRESENTED ment of his City. The plaque was accepted by Mr. Ed De Benedetti, Director of Parks and Recreation, as Mrs. Van Buskirk was out of town and unable to be present. w PUBLIC r HEARINGS v a POPLAR STREET Q%- Notice thereof having been mailed to the property STREET LIGHTING owners and also published and posted in accor- DISTRICT ASSESS- dance with law, affidavits of which are on file in MENT CONFIRMED the office of the City Clerk, Mayor Katzakian called for the public hearing on the assessment RES. NO. 79-70 for the Poplar Street Street Lighting District which had been set for this date. 350 Minutes of June 6, 1979, continued POPLAR STREET The matter was introduced by City Clerk Reimche STREET LIGHTING who briefed the Council on the background of this (Cont'd) assessment district. Mrs. Reimche then responded to questions concerning the district as were posed by the Council. A diagram of the subject district as well are the proposed Assessment were presented for Council's perusal. b) Consider the City Planning Commission's recom- mendation for approval of the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Teresi to amend the Land Use Element of the General Plan to change a 43. 83 acre parcel at 1450 East Victor Road (State Highway 12) from Phases 2, 3, and 4 of Industrial Development to Phase 1 c) Consider the City Planning Commission's recom- mendation for approval of the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Te resi to rezone a 43. 83 acre parcel at 1450 East Victor Road (i.e. State Highway 12) from U -H, Un- classified Holding District to M-2, Heavy Industrial District. The matter was introduced by Community Develop- ment Director Schroeder who presented diagrams of the subject area. Speaking on behalf of the matter was: Mr. Gene Walton, Attorney at Law, 318 W. Pine Street, Lodi Speaking in opposition to the matter was Mrs. Pat Blodgett, 13050 N. Highway 99, Lodi, California. -2- There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. On motion of Mayor Pro Tempore Katnich, McCarty second, the City Council adopted Resolution No. 79-70 confirming the assessment on the Poplar Street Street Lighting District. REZONE ' Notices thereof having been published in accordance PARCEL AT with law and affidavit of publication being on file in 1450 E. VICTOR the office of the City Clerk, Mayor Katzakian called ROAD FROM U -H for the public hearing to TO M-2 a) Consider the City Planning Commission's recom- ORD. NO. 1170 mendation for approval of the filing of a Negative INTRO. Declaration by the Community Development Director on the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Teresi to amend the Land Use Element of the General Plan and to rezone the parcel at 1450 East Victor Road (State Highway 12) b) Consider the City Planning Commission's recom- mendation for approval of the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Teresi to amend the Land Use Element of the General Plan to change a 43. 83 acre parcel at 1450 East Victor Road (State Highway 12) from Phases 2, 3, and 4 of Industrial Development to Phase 1 c) Consider the City Planning Commission's recom- mendation for approval of the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Te resi to rezone a 43. 83 acre parcel at 1450 East Victor Road (i.e. State Highway 12) from U -H, Un- classified Holding District to M-2, Heavy Industrial District. The matter was introduced by Community Develop- ment Director Schroeder who presented diagrams of the subject area. Speaking on behalf of the matter was: Mr. Gene Walton, Attorney at Law, 318 W. Pine Street, Lodi Speaking in opposition to the matter was Mrs. Pat Blodgett, 13050 N. Highway 99, Lodi, California. -2- 351 r� Minutes of June 6, 1979, continued �y REZONE There being no other persons wishing to speak on 1450 E. VICTOR the matter, the public portion of the hearing was (Cont'd) closed. Council discussion followed with questions being directed to Staff and to Mr. Teresi who was in the audience. On motion of Councilman McCarty, Katnich second, Council approved the filing of a Negative Declaration by the Community Development Director on the re- quest of Mr. Gene G. Walton, Attorney at Law, on behalf of Mr. John Teresi to amend the Land Use Element of the General Plan and to rezone the parcel at 1450 East Victor Road (State Highway 12). The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty and Katzakian Noes: Councilmen - Pinkerton Absent: Councilmen - None On motion of Councilman McCarty, Katnich second, Council amended the Land Use Element of the General Plan to change a 43.83 acre parcel at 1450 East Victor Road (State Highway 12) from Phases 2, 3 and 4 of Industrial Development to Phase 1. The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty and Katzakian Noes: Councilmen - Pinkerton Absent: Councilmen - None Councilman McCarty then moved introduction of Ordinance No. 1170 rezoning a 43.83 acre parcel at 1.450 East Victor Road (i.e., State Highway 12) from U -H, Unclassified Holding District to M -Z, Heavy Industrial District. The motion was seconded by Mayor Pro Tempore Katnich and carried by the follow- ing vote: Ayes: Councilmen - Hughes, Katnich, McCarty and Katzakian Noe s: Councilmen - Pinkerton Absent: Councilmen - None COMMUNICATIONS ; ABC LICENSE City Clerk Reimche presented an application for Alcoholic Beverage License which had been received for Ermanno/Linda De Bernard, King's Smorga Table, 101 Lakewood Mall, Lodi - Person to Person Transfer. -3- 352 Y Minutes of June 6, 1979, continued CHAMBER OF The City Clerk presented a letter which had been COMMERCE BD, received from the Lodi District Chamber of Commerce OPPOSES CITY advising that its Board of Directors at its May 15th DENSITY meeting voted to oppose the City Density Initiative re INITIATIVE R -C -P zoning to be voted upon June 26, 1979. Y The City Clerk presented a letter which had been OLD MAPLE The City Clerk presented a letter which had been re- i;j SQUARE FIRE- ceived from Dr. William Henshaw advising that the HOUSE TO BE Junior Achievement is now disbanding and that they VACATED have no further need for the Old Maple Square Fire- house. Council discussion followed. It was proposed that perhaps the maximum use of this building has been accomplished and the City Manager was asked to review the matter and bring back his recommendation to the J Council at a future meeting. year, and the uncertainty of next fiscal year's budget, Commissioner Sturgeon indicates in his letter that he :)CLAIMS City Clerk Reimche presented a claim which had been filed on behalf of Tamre Erbe showing a date of loss of October 4, 1978. On motion of Mayor Pro Tempore Katnich, Pinkerton second, the claim was denied and referred to the City's contract administrator. } COUNCIL Following introduction of the matter by Councilman SUPPORTS BOARD Pinkerton, Council tacitly concurred that a letter OF SUPERVISORS should be forwarded to the San Joaquin County Board of POSITION FAVOR- Supervisors indicating the Council's favor of the Board ING "FRIENDS OF of Supervisors' position supporting the "Friends of the THE DAM" Dam". PROPOSED The City Clerk presented a letter which had been RAILROAD received from Vernon L. Sturgeon, Commissioner, CROSSING Public Utilities Commission addressed to City Attorney CLOSINGS Mullen regarding the "Order Instituting Investigation No. 2; Status, Safety Maintenance, and use of Lodi Crossings advising that Mr. Sturgeon is aware that a good deal of communication has proceeded between Lodi representatives and the Division of Administra- tive Law Judges regarding setting hearings in Lodi. Despite the budget deficit facing the Commission this year, and the uncertainty of next fiscal year's budget, Commissioner Sturgeon indicates in his letter that he will authorize the setting of three days' of hearing in Lodi. Commissioner Sturgeon concludes his letter by stating that any additional days necessary for the receipt of expert testimony can be held in San Francisco without jeopardizing the right of local residents to be heard. City Clerk Reimche presented a letter received from E. A. Taylor, 416 W. Elm Street, Lodi requesting that the City reopen the closed railroad crossings. Mr. Taylor's letter further indicates that the increased traffic due to the detours in causing "us" much distress, smell, noise, etc. and is threatening to change the character of "our" once relatively peaceful downtown location. -4- REPORTS OF THE CITY MANAGER CONSENT In accordance with the report and recommendation CALENDAR of the City Manager, the following actions hereby set forth between asterisks, on motion of Mayor Pro Tempore Katnich, Pinkerton second, were approved by the Council. Mayor Katzakian asked to abstain from voting on Agenda Item "e", entitled, "Approve Agreement - Beckman Ranch n3". 1 CLAIMS '` CLAIMS WERE APPROVED IN THE AMOUNT OF $1,796,726. 82. DEVELOPMENT Council was apprised that the original Development AGREEMENT Minutes of June 6, 1979, continued AMENDMENT - Woods was based on policies in effect at that time. BETWEEN CITY Mr. Ferdun requested a review of the required CLAIM FOR" City Attorney Mullen informed the Council that the REFUND OF TAXES Southern Pacific has filed a number of claims with S. P. CO. almost every county and several cities in the State TAX YEARS of California regarding the valuation of its property 1977-78, 1976-77, done by the State Board of Equalization, which body 1975-76, 1974-75 has jurisdiction over questions of valuation of property such as is owned by the Southern Pacific. The filing of these claims for refund with the various counties is a procedural step found neces- sary by Southern Pacific in order to protect its judicial remedies. The City Council tacitly approved the City Attorney's proposal that the County act as Counsel for the City of Lodi in this action. VACANCIES ON Mayor Katzakian announced that there are presently VARIOUS CITY Y several openings on Planning Commission, the BOARDS AND Recreation Commission and the Library Board of COMMISSIONS Trustees and asked that anyone interested in serving to please forward a letter to the Mayor indicating _ the i r inte re s t. REPORTS OF THE CITY MANAGER CONSENT In accordance with the report and recommendation CALENDAR of the City Manager, the following actions hereby set forth between asterisks, on motion of Mayor Pro Tempore Katnich, Pinkerton second, were approved by the Council. Mayor Katzakian asked to abstain from voting on Agenda Item "e", entitled, "Approve Agreement - Beckman Ranch n3". 1 CLAIMS '` CLAIMS WERE APPROVED IN THE AMOUNT OF $1,796,726. 82. DEVELOPMENT Council was apprised that the original Development AGREEMENT Agreement between the City of Lodi and Ferdun and AMENDMENT - Woods was based on policies in effect at that time. BETWEEN CITY Mr. Ferdun requested a review of the required AND FERDUN & street width of Beckman Road and participation by WOODSU the City of Lodi in the water crossing of the freeway. j 4 The policies were changed, and the Development Agreement Amendment as proposed is based on these changes which would result with the City of Lodi pay- ing the Developer an additional $7, 149. 68. COUNCIL APPROVED THE DEVELOPMENT AGREE- MENT AMENDMENT BETWEEN THE CITY OF LODI AND ROBERT B. WOODS AND CHARLES F. FERDUN AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE DOCUMENT ON BEHALF OF THE CITY. —5.— 52 354 Minutes of June 6, 1979, continued (Mayor Katzakian abstained from voting on the following item. ^� BECKMAN RANCH Council was apprised that Genie Development, Inc., the UNIT NO. 3 developer of Beckman Ranch, Unit No. 3, has furnished SUBDIVISION the City 4ith the final map, the subdivision improvement DOCUMENTS plans as well as the necessary agreements, surety bonds, APPROVED insurance certificate and development fees for the pro- posed subdivision, Beckman Ranch, Unit No. 3. This subdivision is located at the northeast corner of Ham Lane and the Tokay High School facility and consists of 113 lots zoned Planned -Development - Residential. COUNCIL APPROVED THE FINAL MAP, THE IMPROVE- Sometime ago the City inquired of the CALTRANS local Assistance Office if it would be possible for the District 10 Right -of -Way Department to check appraisals and contact owners for the acquisitions. A private pro- fessional appraiser will make the actual appraisals and a draft agreement has been prepared by their office and reviewed by the City Attorney. RESOLUTION NO. 79-71 RESOLUTION APPROVING A LOCAL ASSISTANCE AGREEMENT BETWEEN CALTRANS AND THE CITY OF LODI FOR PROPERTY ACQUISITION ON SOUTH STOCKTON STREET BETWEEN KETTLEMAN LANE AND WEST VINE STREET AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. SANITARY SEWER COUNCIL APPROVED A SANITARY SEWER EXTEN- EXTENSION SION REIMBURSEMENT AGREEMENT WITH RUSSELL AGREEMENT 923 TRIOLO, 923 S. CHEROKEE LANE AND AUTHORIZED S. CHEROKEE LN. THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. -6- MENT PLANS, AND THE IMPROVEMENT SECURITY FOR BECKMAN RANCH, UNIT #3 AND DIRECTED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBDIVISION AGREEMENT AND ELECTRICAL UTILITY AGREEMENT ON BEHALF OF THE CITY. J J AGREEMENT Council was informed that the Public Works Department WITH CALTRANS is in the process of determining the exact rights-of-way RE PROPERTY necessary for the widening of Stockton Street between ACQUISITION ON Lodi Avenue and Kettleman Lane. Once this determina- S. STOCKTON ST, tion has been made by the City Council, it will be neces- sary for the City of Lodi to acquire a minimum of 20 RES. NO. 79-71 parcels in order to widen the south half of the project. Because of the existing workload, the number of parcels necessary, and the nature of major acquisitions of this sort under the Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Acts, it is Staff's recommendation that it is in the City's best interest to have the State make these acquisitions. Sometime ago the City inquired of the CALTRANS local Assistance Office if it would be possible for the District 10 Right -of -Way Department to check appraisals and contact owners for the acquisitions. A private pro- fessional appraiser will make the actual appraisals and a draft agreement has been prepared by their office and reviewed by the City Attorney. RESOLUTION NO. 79-71 RESOLUTION APPROVING A LOCAL ASSISTANCE AGREEMENT BETWEEN CALTRANS AND THE CITY OF LODI FOR PROPERTY ACQUISITION ON SOUTH STOCKTON STREET BETWEEN KETTLEMAN LANE AND WEST VINE STREET AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. SANITARY SEWER COUNCIL APPROVED A SANITARY SEWER EXTEN- EXTENSION SION REIMBURSEMENT AGREEMENT WITH RUSSELL AGREEMENT 923 TRIOLO, 923 S. CHEROKEE LANE AND AUTHORIZED S. CHEROKEE LN. THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. -6- Minutes of June 6, 1979, continued ;'j rCOUNCIL APPROVED THE PLANS AND SPECIFICA- SPECS FOR , s COUNCIL APPROVED THE SPECIFICATIONS FOR SPECS FOR ROCK COUNCIL APPROVED THE SPECIFICATIONS FOR AND SAND ROCK AND SAND MATERIAL FOR FISCAL YEAR MATERIAL 1979-80 AND AUTHORIZED THE PURCHASING APPROVED AGENT TO ADVERTISE FOR BIDS THEREON. ._ O rCOUNCIL APPROVED THE PLANS AND SPECIFICA- SPECS FOR , s COUNCIL APPROVED THE SPECIFICATIONS FOR ASPHALT ' ASPHALT MATERIAL FOR THE FIRST HALF OF MATERIAL FISCAL YEAR 1979-80 AND AUTHORIZED THE APPROVED. PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. PLANS & SPECS COUNCIL APPROVED THE PLANS AND SPECIFICA- FOR OAK & TIONS FOR "CURB AND GUTTER REPLACEMENT, CENTRAL AVE. CENTRAL AVENUE, WALNUT STREET TO OAK CURB & GUTTER� STREET (WEST SIDE), OAK STREET-STOCKTON APPROVED \k STREET TO WASHINGTON STREET, WASHINGTON STREET - OAK STREET TO ALLEY N/OAK STREET" AND AUTHORIZED THE CITY CLERK TO ADVER- TISE FOR BIDS THEREON. PLANS & SPECS rCOUNCIL APPROVED THE PLANS AND SPECIFICA- FOR HUTCHINS , ��+ TIONS FOR "HUTCHINS STREET IMPROVEMENTS, ST. IMPROVE- 350 FEET NORTH OF BRANDYWINE DRIVE TO MENTS APPRVD KETTLEMAN LANE" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. .'J AWARD -FIRST City Manager Glaves presented the following bids ST. IMPROVE- which had been received for "First Street Improve- MENTS, menta, California Street to Lincoln Avenue": CALIFORNIA ST. TO LINCOLN AVE. BIDDER AMOUNT RES. NO. 79-73 H. Max Lee $ 6,994.00 Teichert Construction $ 8,487. 50 Can Do Concrete $ 9,793.75 Case Construction, Inc. $12,850.50 Following recommendation of the City Manager, Council adopted the following Resolution: RESOLUTION NO. 79-73 RESOLUTION AWARDING THE BID FOR "FIRST STREET IMPROVEMENTS, CALIFORNIA STREET TO LINCOLN AVENUE" TO H. MAX LEE, THE LOW BIDDER, IN THE AMOUNT OF $6, 994.00. AWARD- ✓J City Manager Glaves presented the following bid CHEROKEE LANE which had been received for "Cherokee Lane Striping, STRIPING Vine Street to Victor Road": RES. NO. 79-74 BIDDER AMOUNT Safety Striping Service, Inc. $13,301.28 -7- 355 356 CHEROKEE LANE S TRIPING (Cont'd) J �- AWARD -CONTRACT The City Manager presented the following bids which FOR CATCH BASIN had been received for "Catch Basin Replacement, REPLACEMENT Church Street and Tokay Street, Sacramento Street and Daisy Avenue, Elm Street, and Hutchins Street, RES. NO. 79-75 Pine Street and Rose Street": - Minutes of June 6, 1979, continued Following recommendation of City Manager Glaves, Council adopted the following Resolution: RESOLUTION NO. -79-74 RESOLUTION AWARDING THE BID FOR "CHEROKEE LANE STRIPING, VINE STREET TO VICTOR ROAD" TO SAFETY STRIPING SERVICE, INC., THE ONLY BIDDER, IN THE AMOUNT OF $13,30 1. Z8. BIDDER AMOUNT Can Do Concrete $18,212.80 H.' Max Lee $23,778.00 Parrish, Inc. $25,660.90 V. N. Vukasin $26,930.00 Following recommendation of the City Manager, Council adopted the following Resolution: RESOLUTION NO: 79-75 RESOLUTION AWARDING THE BID FOR "CATCH BASIN REPLACEMENT, CHURCH STREET AND TOKAY STREET, SACRAMENTO STREET AND DAISY AVENUE, ELM STREET AND HUTCHINS STREET, EASEMENT PINE STREET AND ROSE STREET" TO CAN DO ABANDONMENT CONCRETE, THE LOW BIDDER IN -THE AMOUNT OF MOKELUMNE $18,2 12. 80. VILLAGE than from Turner Road. With this change, it appears J to be in the City's interest to quitclaim its access on ,J LOADING & Council was apprised that Constantine Baranoff, UNLOADING ZONE Facilities and Planning Director, Lodi Unified School ESTABLISHED IN District, has requested the installation of a loading VICINITY OF and unloading zone on Ham Lane at Lakewood School. LAKEWOOD SCHOOL The Public Works Department has contacted Mr. Ted Boriack, Principal of Lakewood School and Mr. Boriack RES. NO. 79-76 has informed the City that additional space is needed to accommodate trucks making daily deliveries to and from the School, as well as for the loading and unloading of school children. RESOLUTION NO. 79=76 RESOLUTION ESTABLISHING A LOADING AND UN- LOADING ZONE ON HAM LANE AT LAKEWOOD SCHOOL. - EASEMENT Council was informed that with the construction of the ABANDONMENT Mokelumne Village Subdivision, access to the Scenic MOKELUMNE Overlook will be from the end of Awani Drive rather VILLAGE than from Turner Road. With this change, it appears to be in the City's interest to quitclaim its access on RES. NO. 79-77 Turner Road to Lots 44 through 47 as shown on an -8- Minutes of June 6, 1979, continued J J EASEMENT exhibit presented for Council's perusal. The Southern ABANDONMENT Pacific Transportation Company as well as all other (Cont'd) involved utilities have been notified and approval is ex- pected in writing prior to the City Council taking final action. RESOLUTION NO. 79-77 RESOLUTION OF INTENTION TO ABANDON THE PUBLIC UTILITY EASEMENT ALONG THE SOUTH LINES OF LOTS 44, 45, and 46 AND A PORTION OF THE EASEMENT ALONG THE SOUTH LINE OF LOT 47, ALL IN MOKELUMNE VILLAGE, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND SETTING THE MATTER FOR PUBLIC HEARING ON JULY 3, 1979. 357 ACTION DEFERRED On motion of Councilman Pinkerton, McCarty second, ON APPROVAL OF Council by the following vote deferred action on Agenda GEORGUSON IM- Item "b" - Approve Georguson Improvement Agreements" PROVEMENT to allow Council time to further review the subject map: AGREEMENTS 1 11 Ayes: Councilmen - Hughes, McCarty, Pinkerton and Katzakian Noes: Councilmen - Katnich Absent: Councilmen - None SANITARY SEWER Council was apprised that on occasion, the City finds EXTENSION it necessary to enter into a Sanitary Sewer Extension AGREEMENTS Reimbursement Agreement or a Water Main Extension Reimbursement Agreement with developers, when it RES. NO. 79-72 is not necessary to submit any other items to the City .a Council for approval because the work is being done Jam' under an encroachment permit. In order to reduce the time of processing and the amount of paperwork, it is recommended that the City Council give the City Manager the authority to approve and execute -these agreements. Each agreement would be done in conformance with the ordinance and the guidelines thereof. Council discussion followed with questions regarding the matter being directed to Staff. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council adopted Resolution No. 79-72 author- izing the City Manager to approve and enter into Agree- ments concerning sanitary sewer and water reimburse- ments, with Council to be provided with a report indicating the execution of such agreements. -9- 358 Minutes of June 6, 1979, continued EASEMENT Council was informed that the owner of the property VACATION at 524 Rutledge Drive has requested that a portion of _ 524 RUTLEDGE C� the easement at the rear of his property be abandoned DRIVE to allow construction of a swimming pool. Pacific Gas and Electric Co. , Pacific Telephone Co. , Lodi Cable RES. NO. 79-78 TV and the City Utility Department have been notified of the proposed abandonment and have indicated their �l approval. It was Staff's recommendation that the award be made to H. V. Carter Co. , Inc. , the low bidder. Mr. Bruce Jacobsen, General Manager of Duke Equip- ment and Irrigation, Inc. was in the audience and pre- sented a letter outlining their bid. The letter explained that the Toro Gang Mower that Duke Equipment bid is equipped with a Perkins 4 cylinder diesel engine. The letter further advised that although the initial cost of the diesel engine is considerably higher. than a gas engine, the lifetime cost is usually much lower. A lengthy Council discussion followed with questions being directed to Staff and to Mr. Jacobsen. On motion of Councilman Hughes, Pinkerton second, Council deferred action on this matter to the June 20, 1979 Council meeting to allow Staff time to further re- view the bids that had been received. RECESS At approximately 9:25 p.m., Mayor Katzakian declared a five-minute recess and the meeting reconvened at approximately 9:30 p, m. ,;-)AMENDMENT A proposed Amendment (No. 1) to the Electric Power J NO. 1 TO NCPA Development Fund was presented to the Council by City DEVELOPMENT Manager Glaves. Council was apprised that this FUND APPROVED amendment was approved by Resolution No. 79- 14 at the April 26, 1979 NCPA Commission meeting for RES. NO. 79-79 execution by NCPA and is being submitted to -10- On motion of Councilman Pinkerton, Katnich second, Council adopted Resolution No. 79-78 - A Resolution of Intention to abandon a 6 foot_ portion of a public utility easement running along the rear of property located at 524 Rutledge Drive, Lodi, referring the matter to the Lodi City Planning Commission, and setting the matter for Public Hearing on July 3, 1979. �l :✓' ACTION City Manager Glaves informed the Council that the DEFERRED ON following bids had been received for a Turf Mower for AWARD OF the Parks Department: LAWN MOWER FOR PARKS BIDDER AMOUNT DEPT. H. V. Carter Co., Inc. $20,455.95 Duke Equipment & Irrigation, Inc. $21,777.80 It was Staff's recommendation that the award be made to H. V. Carter Co. , Inc. , the low bidder. Mr. Bruce Jacobsen, General Manager of Duke Equip- ment and Irrigation, Inc. was in the audience and pre- sented a letter outlining their bid. The letter explained that the Toro Gang Mower that Duke Equipment bid is equipped with a Perkins 4 cylinder diesel engine. The letter further advised that although the initial cost of the diesel engine is considerably higher. than a gas engine, the lifetime cost is usually much lower. A lengthy Council discussion followed with questions being directed to Staff and to Mr. Jacobsen. On motion of Councilman Hughes, Pinkerton second, Council deferred action on this matter to the June 20, 1979 Council meeting to allow Staff time to further re- view the bids that had been received. RECESS At approximately 9:25 p.m., Mayor Katzakian declared a five-minute recess and the meeting reconvened at approximately 9:30 p, m. ,;-)AMENDMENT A proposed Amendment (No. 1) to the Electric Power J NO. 1 TO NCPA Development Fund was presented to the Council by City DEVELOPMENT Manager Glaves. Council was apprised that this FUND APPROVED amendment was approved by Resolution No. 79- 14 at the April 26, 1979 NCPA Commission meeting for RES. NO. 79-79 execution by NCPA and is being submitted to -10- Minutes of June 6, 1979, continued 359 NCPA all Development Fund member cities for execution. (Cont'd) The amendment will become effective if executed by NCPA and at least six members on or before June 11, 1979. The purpose of the Development Fund Extension is to provide security in short-term loans with the Bank of Montreal (California) which will provide funding for the financial requirements of Geothermal Projects No. 1 and 2. It is anticipated that said loans will be retired with the NCPA Revenue Bond Issue in the first Quarter of 1980. Provisionsof the proposed amendment were highlighted by City Manager Glaves who then responded to ques- tions as were posed by the Council. Additional infor- mation regarding the matter was given by Councilman Hughes. Councilman Pinkerton expressed his concern that the agreement be approved with the stipulation that all equipment for the project be "American Made". Following an inquiry, the City Attorney stated that a guarantee of this type would not be possible. Councilman Hughes then moved for adoption of Reso- lution No. 79-79 approving Amendment No. 1 to the NCPA Development Fund Agreement and authorizing the Mayor and City Clerk to execute the document on behalf of the City. Councilman Pinkerton seconded the motion with the stipulation that all equipment for the project be "American Made". Council discussion followed with Councilman Pinkerton withdrawing his second. The motion was then seconded by Council- man McCarty and the motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty and Katzakian Noes: Councilmen - Pinkerton Absent: Councilmen - None GARBAGE CONTRACT ORD. AMENDING A proposed contract with Sanitary City Disposal SECTION 11-3 OF Company, Inc. for residential and commercial gar - THE CITY CODE bage collection and disposal within the City of Lodi ESTABLISHING for a term of ten years commencing July 1, 1979 was GARBAGE presented for Council's perusal. Provisionsof the COLLECTION Agreement were outlined by the City Attorney who RATES IN THE then responded to questions as were posed by the CITY Council. Council discussion followed with additional questions being directed to the City Attorney and to ORD. NO. 1171 Staff. INTRO. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the proposed contract with Sanitary City Disposal Co., Inc. for residential and commercial garbage collection and disposal within the City of Lodi for a term of ten years commencing July 1, 1979 and authorized the Mayor and City Clerk to execute the contract on behalf of the City. A proposed ordinance amending Section 11-3 of the Lodi City Code establishing garbage collection 360 Minutes of June 6, 1979, continued JGARBAGE rates in the City of Lodi for domestic and commer- COLLECTION cial service was presented for Council's perusal. RATES Provisions of the proposed ordinance were highlighted (Cont'd) by Staff. Following discussion, Councilman Pinkerton moved introduction of Ordinance No. 1171 entitled "An Ordinance Amending Section 11-3 of the Lodi City Code Establishing Garbage Collection Rates in the City of Lodi for Domestic and Commercial Service. The motion was seconded by Mayor Pro Tempore Katnich and carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty, Pinkerton and Katzakian Noes: Councilmen - None Absent: Councilmen - None 1979-80 BUDGET The proposed 1979-80 Budget was presented to the PUBLIC HEARING City Council. A brief review of the subject document SET was presented by Assistant City Manager Glenn. On motion of Councilman Pinkerton, Katnich second, Council set for Public Hearing June 20, 1979 at 8:00 p.m. consideration of the proposed 1979-80 Budget of the City of Lodi including the proposed Capital items. JSPECIAL Following introduction of the matter by Assistant City ALLOCATION Manager Glenn, Council, on motion of Councilman APPROVED FOR Pinkerton, Katnich second, approved a special allo- CASE LAW cation in the amount of $3600.00 for the purchase of LIBRARY Case Law Library Volumes for the City Attorney's VOLUMES FOR office. CITY ATTORNEY ADJOURNMENT There being no further business to come before the Council, on motion of Mayor Pro Tempore Katnich, Pinkerton second, Mayor Katzakian adjourned the meet- ing at approximately 10: 10 p. m. Attest: ' ALICE M. RE MC HE CITY CLERK