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HomeMy WebLinkAboutMinutes - June 20, 1979361 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 20, 1979 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. , Wednesday, June 20, 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, Public Works Director Ronsko, City Attorney Mullen, and City Clerk Reimche. INVOCATION The invocation was given by Reverend Raymond Knapp, St, John's Episcopal 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 May 16, 1979 as written and mailed. PUBLIC HEARING Notice thereof having been published in accor- dance with law and affidavit of publication being on file in the office of the City Clerk, Mayor Katzakian called for the public hearing to con - 1979 -80 BUDGET sider the proposed 1979-80 Budget of the City of Lodi, including proposed Capital Items. The matter was introduced by City Manager Glaves and further expounded upon by Assistant City Manager Glenn. The following persons were in the audience and addressed the Council on the proposed budget: a) Walter Sanborn, Chairman of the Central Lodi Business Owners Enhancement Committee who stated that one of the primary goals of their Committee is to have the parking meters re- moved. Mr. Sanborn stated that their Committee feels that the removal of the parking meters is a paramount issue and that at a future date their Committee will be coming to the Council with certain other specific proposals. -I- 2362 Minutes of June L0, 1979, continued 1979-80 BUDGET b) Mike Locke, President, Lodi Downtown (Cont'd) Business Association, stated that he was also soliciting the removal of the parking meters. c) Joe Newfield, 703 W. Elm Street, Lodi, stated that he is interested in the survival of downtown Lodi and that he feels the health of the downtown area should be of concern to the City Council. Mr. Newfield stated that he feels the removal of the me- ters is primary. d) Mr. Jim Culbertson, 641 N. Pacific Avenue, Lodi, addressed the Council regarding the Hotel - Motel Tax Fund stating that he doesn't feel monies should be diverted from this fund. e) Jack Hoggatt, 32 N. Ham Lane, Lodi addressed the Council regarding the Lodi District Chamber of Commerce Board of Director's position that surplus funds should be allocated to reserves and trans- ferred for necessary expenditures when required. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. Additional discussion followed with questions regard- ing the P. L. and P.D. Reserves being posed by the Council and City Attorney. ALLOCATION OF Assistant City Manager Glenn proposed that Council 1978-79 SURPLUS consider allocation of the 1978-79 surplus to various reserves. A lengthy Council discussion followed RES. NO. 79-88 with questions being directed to Staff. On motion of Mayor Pro Tempore Katnich, Hughes second, Council adopted Resolution No. 79-88 directing that 1978-79 appropriations be made to the following reasonable and proper reserves: Capital Outlay Reserve $300,000 Utility Outlay Reserve $426, 000 Water Capital Outlay $180,000 Equipment Fund $ 85, 580 PL and PD Insurance Reserve $ 25,000 EXECUTIVE SESSION The City Council recessed to Executive Session at approximately 9:30 p.m. Upon request, the City Clerk was excused from attending the Executive Session by Mayor Katzakian. Council reconvened at 9:40 p. m. PUBLIC HEARING Following introduction of the matter by City RE ORDER Attorney Mullen, Council, on motion of Council - INSTITUTING man Pinkerton, Katnich second, directed that a INVESTIGATION formal request be forwarded to the Public Utilities NO. 2 Commission requesting a 60 -day continuance of the CROSSING PUC hearing in the matter of the Order Instituting PROTECTION IN Investigation No. 2 Crossing Protection in Lodi, LODI which hearing had been set for Wednesday, Thurs- day, and Friday, June 27, 28, and 29, 1979 and further the Council set a public hearing for Wednesday, July 18, 1979 at 8:00 p.m. at which -2- 363 Minutes of June 20, 1979, continued PUBLIC HEARING time the citizens of Lodi can appear before the CROSSINGS (Cont'd) Council and express their objection, if any, to r' the proposed closure of the three crossings in question. PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of June 11, 1979: The Planning Commission - REQUEST TO I. Certified the filing of a Negative Declaration INCREASE ALLOW- by the Community Development Director on the ABLE LOT COVERAGE request of Richard A. Entzi to amend the Lodi FROM 40% to 457o IN City Zoning Ordinance (i. e., Section 27, Lodi THE R-1 AND R-2 Municipal Code) to increase the allowable lot SINGLE-FAMILY RESI- coverage from 4016 to 45%a in R- 1 and R-2 Single- DENTIAL DISTRICTS Family Residential Districts. On motion of Councilman Pinkerton, Katnich second, the matter was set for Public Hearing Tuesday, July 3, 1979 at 8:00 p. m. The Planning. Commission also - 2. Recommended approval of the request of Richard A. Entzi. to amend the Lodi Zoning Ordi- nance (i, e. Section 27, Lodi Municipal Code) to increase the allowable lot coverage from 407oto 45% in the R-1 and R-2, Single -Family Residential Districts. On motion of Councilman Pinkerton, Katnich second, the matter was set for Public Hearing Tuesday, July 3, - 1979 at 8:00 p. m. The Planning Commission also - 1979-80 CAPITAL 3. Determined that the Capital Improvement IMPROVEMENT Program for Fiscal Year 1979-80 was in com- PROGRAM RECOM- pliance with the adopted General Plan and recom- MENDED FOR mended its approval to the City Council. APPROVAL BY PLANNING COMMISSION - The Planning Commission further - ITEMS OF INTEREST 1. Approved the request of Grupe Development Company to combine Lots 295 through 305 of English Oaks, Unit No. 5 into one parcel and to convert 11 duplexes into 22 single-family condo- miniums in an area zoned P -D(4), Planned Development District No. 4. The Planning Commission certified a Negative Declaration on the above project. -3- 364 Minutes of June Z0, 1979, continued PLANNING 2. Approved the request of Ben Schaffer for Hawaii COMMISSION & San Francisco Development for approval of a ITEMS OF INTEREST Tentative Map for the Las Casitas Condominiums pro- (Cont'd) ject in the Homestead Manor No. 4 Subdivision, located at the southwest corner of Lodi Avenue and Ham Lane in an area zoned R -GA, Residential -Garden Apartment. 3. Approved the request of Mrs. Shirley Lucchesi, Realtor, on behalf of Alton Brinlee, for approval of a revised Parcel Map to divide an existing industrially - zoned lot at Z03 Houston Lane into three parcels. The Commission previously approved a Parcel Map for this same parcel to be divided into two parcels. 4. Approved the request of Baumbach and Piazza on behalf of Farmer's and Merchant's Bank for approval of a Parcel Map to create a 20, 000 square foot parcel at the Westgate Shopping Center to erecta bank branch, in an area zoned C -S, Commercial Shopping Center. 5. Approved the request of.Terry Piazza, Baumbach and Piazza on behalf of Genie Development for approval of a Parcel Map to modify Lots 4, 5, 6 and 7 of Sanguinetti Park, Unit #I and Lots 8 and 9 of Sanguinetti Park Unit #2, in aP-D(17) zone, Planned Development No. 17. 6. Approved the request of Mr. Glen Baumbach on behalf of Mr. Charles Ferdun to divide an existing 2. 81 acre parcel at the southeast corner of South Beckman Road and Industrial Way into two parcels; the first con- taining 1. 40 acres, and the second 1.41 acres, in an area zoned M- 1, Light Industrial, and C -M, Light Commercial. 7. Approved the request of Mr. Glen Baumbach on behalf of Fred Baybarz to approve a Parcel Map to create a 2. 01 acre parcel at the southwest corner of North Cluff Avenue and East Pine Street in an area zoned M-2, Heavy Industrial. 8. Approved the request of Terry Piazza, on behalf of Mr. Bill Maxwell to combine Lot 11 and the southerly 170 feet of Lot 12 in Maxwell Industrial Park, and to create a separate parcel of the northerly 100 feet of Lot 12, in an area zoned M-2, Heavy Industrial. 9. Approved the request of Terry Piazza, on behalf of Dr. Craig Graham for approval of a parcel Map to join Lots 18 and 19 of the Sturla Park Subdivision in an area zoned R -C -P, Res idential-Commercial-Profes- sional. 10. Approved the request of Mr. Terry Piazza on be- half of Genie Development Company to divide Lot 8 of Maxwell Industrial Park, a 1.39 acre parcel, into two equal parts. 11. Recommended that the San Joaquin County Zoning Administrator approve the request of Mr. Jim Hoagland to expand an existing warehouse for Plastaket, Inc. located on the south side of Highway 12, 630 feet east of the Central California Traction Railroad right of way (i, e. , 6620 East Highway 12). 12. Recommended that the San Joaquin County Board of Zoning Adjustment approve the request of Pacific Gas Minutes of June 20, 1979, continued ITEMS OF INTEREST and Electric Company to construct wood pole and (Cont'd) transmission line and maintain approximately 6. 5 miles of 60 KV transmission line in an area generally located on Kettleman Lane from Lodi to the Lockeford Substation, east of State Route 88. COMMUNICATIONS PUC APPLICATION City Clerk Reimche apprised the City Council that RE DIABLO CANYON notification had been received that on June 6, 1979 NUCLEAR GENERAT- Pacific Gas and Electric Company filed with the ING STATION California Public Utilities Commission two applica- tions in connection with the Diablo Canyon Nuclear Generating Station. A copy of the application noti- fication was presented for Council's perusal. SB 1223 (BRIGGS) The City Clerk presented a letter which had been RE ISLAND received from LAFCO re SB 1223 (Briggs) wherein ANNEXATION it is proposed to repeal the "island annexation" provisions of the Municipal Organization Act of 1977. Said bill has an urgency clause ,and would become effective immediately upon passage. LAFCO has not taken a position on the Bill as yet, but felt every City should be aware of the Bill. At the June 15 LAFCO meeting the Executive Officer of LAFCO will recommend opposition to the Bill. S. P. SUIT AGAINST City Clerk Reimche advised the City Council that BOARD OF EQUALI- the City was in receipt of a letter from the County ZATION FOR TAX Counsel's office dated June 11, 1979 offering to FUND represent the City's interest in the Southern Pacific Transportation Company, et al v. Board of Equali- zation of the State of California, et al, Action No. 281434 (Superior Court, County of Sacramento) which suit is being filed by S. P. against the Board of Equalization for a tax refund. Pursuant to direction given the City Attorney at the May 16, 1979 City Council meeting, the City Attorney has accepted the County Counsel's offer of representa- tion on behalf of the City. 365 REQUEST BY CITY The City Clerk presented a letter which had been CAB CO. FOR USE received from the City Cab Company advising that OF RED FIAT & they have acquired a small 4 door Fiat automobile RATE INCREASE which they would like to use as an experimental taxi - r :_',:'; cab. Mrs. Margrave of the City Cab Company further advises that the automobile is painted red but they do not want to go to the expense of painting it yellow until they know if it will hold up as a taxicab. The letter further states that due to the rising cost of gas and oil, insurance and parts, etc. , they are requesting a rate increase of the regular cab fares from . 90y flag drop and . 90fi per mile to $1.00 flag drop and $1. 00 per mile. Council discussion followed with questions being directed to Staff. On motion of Councilman Hughes, Katnich second, Council authorized the City Cab -5- 366 Minutes of June 20, 1979, continued CITY CAB CO. Company to use a red 4 -door Fiat automobile as an (Cont'd) experimental taxicab for a three-month period and deferred action on the requested rate increase to allow Staff time to review the matter. MOKELUMNE Following introduction of the matter by City Clerk VILLAGE EASEMENT Reimche, Council, on motion of Mayor Pro Tempore VACATION Katnich, Pinkerton second, nullified the Public Hear- ing set for July 3, 1979 regarding an easement aban- donment involving Lots 44, 45, and 46 and a portion of the easement along the south line of Lot 47 all located in Mokelumne Village as the easement has never been utilized and authorized the Mayor and City Clerk to execute the necessary documents for the abandonment of the subject easement. APPOINTMENT OF Following introduction of the matter by the Mayor, RONALD M. STEIN Council, on motion of Councilman Pinkerton, Katzakian AS CITY ATTORNEY second, announced the appointment of Ronald M. Stein ANNOUNCED as City Attorney. Mr. Stein was in the audience and was introduced by Mayor Katzakian. REPORTS OF THE CITY :MANAGER CONSENT CALENDAR 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. C LAIMS AWARD -ASPHALT MATERIAL FOR FIRST HALF OF F.Y. 1979-80 Supplie r Claude C. Wood Co. Cost per ton including tax City cost for mileage COST PER TON CLAIMS WERE APPROVED IN THE AMOUNT OF $1, 088, 389. 35. City Manager Glaves presented the following bid which had been received for Asphalt Materials for the first half of fiscal year 1979-80: Item No. 1 Item No. 2 Dense Grade Asphalt Concrete, Type B Dense Grade Asphalt 3/8". Asphalt Binder shall be Viscosity Concrete, Type B. 1/2" Grade AR -4000 Paving Asphalt. Asphalt Binder shall be Viscosity Grade AR -4000 Paving Asphalt A B C A B C F. O. B. Stockpile Hoppe r of F.O.B. Plant Stockpile Hopper Plant City Paver City of Limits Limits Paver (400 Tons)(100 Ton4(1800 Tons) (100 Tons) (100 Tons)(400 Tons) $14.84 $17.384 $18.126 2. I5 $16.99 $17.384 $18. 126 -6- $14.575 $17. 119 $17.861 2. 15 $16.725 $17. 119 $17.861 Minutes of June Z0, 1979, continued 367 AWARD - The City Manager stated that the only bid received was ASPHALT a reasonable bid and recommended that the award be to (Cont'd) Claude C. Wood Company. RESOLUTION NO. 79-80 RESOLUTION AWARDING THE CONTRACT FOR ASPHALT MATERIALS FOR THE FIRST HALF OF FISCAL YEAR 1979-80 TO CLAUDE C. WOOD COMPANY THE ONLY BIDDER IN THE AMOUNTS HERETOFORE LISTED. AWARD - City Manager Glaves presented the following bid which - ROCK & SAND had been received for Rock and Sand Material for Fiscal MATERIAL Year 1979-80: F.Y. 1979-80 Supplier Claude C. Wood Co. Item No. 1 Item No. 2 3/4" Class 2 Aggregate Base Concrete Sand A -- B A B F.O. B. Plant Stockpile City Limits F. 0. B. Plant Stockpile (100 Tons) _ (500 Tons) City Limits (100 Tons) (400 Tons) Cost per ton including tax $3.286 $5.565 $3.975 $6.254 P lus: City Cost for Mileage 2. 15 2. 15 TOTALCOST PER TON $5.436 $5.565 $6.125 $6.254 Item No. 3 Item No. 4 1/4" x #10 Crushed Rock Screening 4" x 8" Cobbles A B _ A B F. 0. B. Plant Stockpile City Limits F. O. B. Plant Stockpile City Limits (100 Tons) (400 Tons) (100 Tons) (300 Tons) Cost per ton including tax -0- _ .-0- $5.565 $7.844 P1us:City _ Cost for Mileage 2.15 TOTAL COST PER TON -0- -0- $7.715 $7.844 *Item No. 3 no bid. -7- 368 Minutes of June 20, 1979, continued AWARD - The City Manager stated that the bid was a reason - ROCK & SAND able one and recommended that the award be made (Cont'd) to Claude C. Wood Co. - ` RESOLUTION NO. 79-81 RESOLUTION AWARDING THE CONTRACT FOR ROCK AND SAND MATERIAL FOR FISCAL YEAR - 1979-80 TO CLAUDE C. WOOD COMPANY, THE ONLY BIDDER, IN THE AMOUNTS HERETOFORE - LISTED AWARD -CONTRACT Council was apprised that the following bids had MAINTENANCE OF been received for the contract for Maintenance of LANDSCAPED various landscaped areas within the City of Lodi AREAS WITHIN for the period of July- 1, 1979 - June 30, 1980-: CITY - BIDDER AMOUNT RES. NO. 79-82 Jim's Gardening Service $11, 940 �'. Valley Landscaping $13,080 Following recommendation of the City Manager, Council adopted the following Resolution: RESOLUTION NO. 79-82 RESOLUTION AWARDING THE CONTRACT FOR - MAINTENANCE OF LANDSCAPED AREAS WITHIN THE CITY OF LODI FOR THE PERIOD OF JULY 1, 1979 TO JUNE 30, 1980 TO JIM'S GARDENING SERVICE IN THE AMOUNT OF $11,940. PLANS & SPECS COUNCIL APPROVED THE PLANS AND SPECIFI- FOR VINE ST. CATIONS FOR "VINE STREET IMPROVEMENTS, IMPROVEMENTS BECKMAN ROAD TO CLUFF AVENUE" AND BECKMAN RD. TO AUTHORIZED THE CITY CLERK TO ADVERTISE CLUFF AVE. FOR BIDS THEREON. APPROVED 1 PLANS & SPECS COUNCIL APPROVED THE PLANS AND SPECIFICA- FOR ENGLISH OAKS TIONS FOR "ENGLISH OAKS COMMONS PARK", COMMONS, GRADING WHICH WORK CONSISTS OF EXCAVATING AND & CONCRETE WORK GRADING AN APPROXIMATELY 3.8 ACRE PARK APPROVED SITE_ INSTALLING A STORM DRAIN SYSTEM, CONSTRUCTING CONCRETE WALKWAYS, INSTAL- LING A STREET LIGHT SYSTEM, INSTALLING A DRINKING FOUNTAIN SYSTEM AND -OTHER INCI- DENTAL AND RELATED WORK, AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. AGENDA ITEM "g" WITH THE TACIT CONCURRENCE OF THE- CITY REMOVED FROM COUNCIL, AGENDA ITEM "g" - "ACCEPT IM - THE AGENDA PROVEMENTS, ENGLISH OAKS #6" WAS REMOVED FROM THE AGENDA. -8- 3sq Minutes of June 20, 1979, continued DEVELOPMENT Council was informed that Rueben Nuss, the DOCUMENTS Agent for Temple Baptist Church, has furnished TEMPLE BAPTIST the City with the final map and the necessary docu- CHURCH - ments and development fees and grant deeds for f io Vine Street for the proposed Temple Baptist Church SEWER MASTER development. Two additional quit claim deeds are PLAN required to clear right-of-way. Subject to receipt RES. NO. 79-83 of these deeds it will be in order for the City Coun- `ski cil to approve the development documents. This development will be located at 801 South Lower Sacramento Road. SUBJECT TO RECEIPT OF THE AFOREMENTIONED QUITCLAIM DEEDS, COUNCIL APPROVED THE FINAL MAP, THE IMPROVEMENT PLANS AND THE IMPROVEMENT SECURITY FOR TEMPLE BAPTIST CHURCH DEVELOPMENT AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE DOCUMENTS ON BEHALF OF THE CITY. �-r�•%Xm�=mMT�mX-a`�'rTmX=+nY�'rmm Trm'•'Fm T•''i-�''-T�i h'r�>'F+'"-#�°�'F+'''•M#m>k#+:'r''m:'r •': #:k# -'i••: iTX=T 'M X=#•'i•X:� ��' #m�: DEVELOPMENT Council was apprised that Paul J. and Beryl DOCUMENTS Georguson, the developers of 2223 Cochran Road, 2223 COCHRAN have furnished the City with the improvement plans ROAD as well as the necessary agreements, instruments f io of credit, insurance certificate and development fees SEWER MASTER for their proposed development which is located on PLAN Cochran Road and will consist of four single-family RES. NO. 79-83 lots, two of which are flag lots. A map of the subject `ski parcel was provided the Council for its perusal. On motion of Mayor Pro Tempore Katnich, McCarty second, Council approved the improvement plans and the improvement securities for the development at 2223 Cochran Road and directed the City Manager to sign the development agreement on behalf of the City. REIMBURSEMENT ' A proposed resolution calling for the installation of POLICY FOR one Sanitary Sewer Lift Station to serve the general SANITARY SEINER area north of Lockeford Street between Beckman LIFT STATION & Road and the Central California Traction Tracks as ADOPTION OF THE previously discussed by the Council, was presented REVISED SANITARY by Staff. Provision of the proposed resolution was SEWER MASTER highlited by Staff who then responded to questions as PLAN were directed by Council. RES. NO. 79-83 Mr. Jim Culbertson, 641 N. Pacific, Lodi `ski addressed the Council on the matter proposing several amendments to the proposed resolution. Following lengthy discussion with questions being directed to Staff, to the City Attorney, and Mr. Culbertson, Councilman Hughes moved adoption of the revised Sanitary Sewer Master Plan and also that Resolution No. 79-83 entitled "Resolution establishing reimbursement policy for Sanitary Sewer Lift Station installation for Sanitary City Addition and adjacent property" be adopted with paragraph 4 on page 2 being amended to read, "BE IT FURTHER RESOLVED, that the acreage fee shall be adjusted -9- 370 Minutes of June 20, 1979, continued LIFT STATION LC~ annually, commencing January 1, 1980, by increas- (Cont'd) �N ing the amount of the initial acreage fee by 10% per year (simple interest); paragraph 5 on page 2 being v amended to read, "BE IT FURTHER RESOLVED, that the reimbursement shall be payable to the persons originally developing their property and contributing"to the cost of the construction of the lift station or to their heirs or successors for a period of 10 years from the date shown on their development agreement. Thereafter, any and all reimbursement charges shall be the property of and retained by City; and". The motion was seconded by Councilman McCarty. A lengthy discussion followed regarding the provisions of paragraph 6 of Page 2. With the concurrence of the maker of the motion and the second, that paragraph was amended to read, "BE IT FURTHER RESOLVED, the City may use the Sanitary Sewer Lift Station for service to areas East of Line A or outside the hatched lines shown on Exhibit "A", and charge such persons such fee as City may deem fair and reasonable under the circumstances, and any such funds shall not be reimbursed to the original developers;" and carried by unanimous vote. AGENDA ITEM With the tacit concurrence of the City Council, "k" REMOVED Agenda item "k" - "Approve Agreement with Lodi FROM AGENDA Unified School District re Lawrence School Improve- ments" was removed from the Agenda. AWARD - TURF Following introduction of the matter by'Assistant MOWER FOR City. Manager Glenn' and a lengthy discussion regard - PARKS DEPT, ing the bids received for the Turf Mower. for the 1 Parks Department and whether or not this piece of RES. NO. 79-84 equipment should be equipped with a gasoline or diesel ;} engine, Council on motion of Councilman Hughes, Katnich second, adopted Resolution No. 79-84 awarding / the contract for a Turf Mower for the Parks Depart- ment to H. V. Carter Co., the low bidder in the amount of $21, 255. 95, equipped with a diesel engine, subject to staff finding the means of providing the necessary fuel, proper storage for the fuel, etc. for the operation of this piece of equipment. PUBLIC HEARING Council was apprised that on February 7, 1973, the SET FOR FORMA- City Council adopted the Downtown Underground TION OF DOWNTOWN Utility Master Plan encompassing the area bounded UNDERGROUND 5 by Lodi Avenue, Locust Street, Church Street and Sacramento Street. Included in the adoption of that RES. NO. 79-85 master plan was phasing to accomplish the under - grounding of the master plan over a 5 -year period. Districts 1, 2, 3, and 4 have already been completed. Underground Utility District 5 will include the area bounded by Elm Street on the south, Locust Street on the north, Church Street on the west and Sacramento Street on the east. This district was originally planned for completion this year, but was postponed for one year due to financial considerations. -10- Minutes of June 20, 1979, continued 3 .1 tj DOWNTOWN A meeting of all utilities involved was held and each UNDERGROUND' 'utility has indicated its readiness to proceed. Pacific 5 (Cont'd) Telephone, under its rules and regulations, cannot" do undergrounding of this nature without an o_fficial ✓J� underground district being formed. '1 l J On motion of Councilman Pinkerton, Katnich second, Council adopted Resolution No. 79-85 setting July 3, 1979 for public hearing for. the formation of Under- ground Utility District No. 5. PLANS & SPECS The proposed plans and specifications for the Munici- FOR MSC pal Service Center Utility Building were presented for UTILITY Council's approval. Council was informed that, in BUILDING general, the work consists of adding 1800 square feet APPROVED of supervisory and engineering office space to the exist- ing Henning Substation Dispatch Cente * and constructing a 2500 square foot ready room.and shop facility directly west of the dispatch center. These buildings will be connected by a covered breezeway area which can be used for future expansion of either building. A diagram of the proposed structure was presented for Council's perusal. Lengthy discussion followed with questions regarding the matter being directed to Staff. On motion of. Mayor -Pro Tempore Katnich, Hughes second, Council. approved the plans and specifications for "Municipal Service Center Utility Building" and authorized the City Clerk to advertise for bids thereon. -meeting COUNCILMAN Councilman Katnich asked to be excused from the KATNICH at approximately 11:25 p.m. and was subsequently EXCUSED excused by Mayor Katzakian' APPEAL RE Mr. Edward Lair, 841 S. Pleasant Avehue', Lodi LOCATION OF addressed the Council regarding a spa structurehe SPA STRUCTURE recently contracted to have built on his property which DENTED extends into a public utility easement located on his property, ✓ Also speaking on the subject was Mr. Walt Koenig, •, J J 2864 Canal Drive, Stockton. Mr. Roger Houston, Chief Building Inspector for the City of Lodi was in the audience, gave a brief back- ground report and responded to questions regarding the matter as were posed by the City Council. _ Following discussion, Council, on motion of Councilman ci Hughes, Pinkerton second, denied the request of Mr. Ed Lair, 841 S. Pleasant Avenue, Lodi to allow a spa - structure to remain over the public utility easement - located on his property. - PLANS & SPECS Plans and specifications for "Vine Street Street Improve - FOR VINE ST, rr.ents, 125' W/Kramer Drive - V.I.D. Canal" were pre - ST. IMPROVE- sented for Council's approval. Council was apprised that, MENTS APPRVD. in general, the work consists of cornpleting the final paving of Vine Street in the Sunwest Subdivision area, which was constructed under the old suodivision paving policy. On motion of Councilman Pinkerton, Hughes second, Council approved the plans and specifications for "Vine 372 Street Street Improvements, 125' W/Kramer Drive - W.I.D. Canal", and authorized the City Clerk to advertise for bids thereon. AWARD-CONTRACTCityManager Glaves presented the following bids which FOR HUTCHINS ST.IMPROVE- had been received for "Hutchins Street Improvements, MENTS 350' N/Brandywine to Kettleman Lane": BIDDER AMOUNT RES. NO. 79-86-. Teichert Construction $12,712.00 Claude C. Wood Co. $16,340.00 On motion of Councilman Pinkerton, McCarty second, JCouncil adopted Resolution No. 79-86 awarding the bid for "Hutchins Street Improvements, 350' N/Brandywine to Kettleman Lane" to Teichert Construction, the low bidder, in the amount of $12, 712. 00. ORDINANCES ORD. REZONING Ordinance No. 1170 entitled, "Ordinance amending the A 43.83 ACRE Official District Map of the City of Lodi and thereby rezoning PARCEL AT a 43. 83 acre parcel at 1450 East Victor Road (i, e. , State 1450 E. VICTOR Highway 12) from U -H, Unclassified Holding District to M-2, RD(i, e. STATE Heavy Industrial District", having been introduced at a HWY 12) FROM regular meeting held June 6, 1979 was brought up for passage U -H TO M-2 on motion of Councilman McCarty, Hughes second. Second 1 reading was omitted after reading by title, and the Ordinance ORD. NO. 1170 ;� was then adopted and ordered to print by the following vote: ADOPTED Ayes: Councilmen - Hughes, McCarty, and Katzakian �.J Noes: Councilmen - Pinkerton ORD. AMENDING SECTION 11-3 OF THE CITY CODE ESTABLISHING GARBAGE COLL- ECTION RATES IN THE CITY FOR DOMESTIC & COMMERCIAL SERVICE Absent: Councilmen - Katnich 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 Commer- cial Service" having been introduced at a regular meeting held June 6, 1979 was brought up for passage on motion of Council- man Pinkerton, Hughes second. Second reading was omitted after reading by title and the Ordinance was then adopted and ordered to print by the following vote: Ayes: ORD. NO. 1171 ADOPTED —v Noes: Councilmen - Hughes, McCarty, Pinkerton and Katzakian Councilmen - None Absent: Councilmen - Katnich RES. RE FEES PROPOSED TO Councilman McCarty apprised the Council of meetings he BE IMPLE- had attended concerning proposed fee schedules to be MENTED BY implemented by the San Joaquin Local Health District and THE SAN the effectthat'these fees will have once they are imple- JOAQUIN mented. LOCAL HEALTH DISTRICT Councilman McCarty presented a proposed resolution resolving that Article XIIIA Section 4 of the Constitution RES. NO. 79-87 of the State of California specifically and expressly pro- ;� hibits any county, City, or special district to levy any l� J Minutes of June 20, 1979, continued 373 LOCAL HEALTH fees in the absence of a favorable vote of two thirds DISTRICT FEES of the qualified electorate. That it is imperative to (Cont'd) �`�_t receive the opinion of the Attorney General on whether or not said proposed fees will violate the substative law created in Constitutional Article XIIIA, section four, before adopting said proposed fees; That these proposed fees will be immediately passed through to the general public who have already paid sufficient taxes to sustain governmental endea- vors; That the Lodi City Council urges the Board of Supervisors to reject the fee proposal in its entirety; That the Board of Supervisors send an urgent message to our legislators requesting immediate fi- nancial bailout or state loans to sustain the San Joaquin Local Health District; That the Board of Supervisors appoint a com- mittee including at least one elected city councilman from each incorporated area in San Joaquin County to work with the San Joaquin Local Health District in a streamlining program; That the Board of Supervisors direct the Local Health District to reject any and all further health or environmental enforcement mandates in the absence of full funding necessary to implement the administration and enforcement of said mandates. Councilman McCarty further proposed that copies of the adopted resolution be sent to: All City Councils in San Joaquin County Senator Garamendi Assemblyman Waters All Chambers of Commerce in San Joaquin County Following Council discussion, on motion of Council- man Pinkerton, Katzakian second, Council adopted Resolution No. 79-87 - Resolution Regarding Fees Proposed to be Implemented by the San Joaquin Local Health District containing the provision heretofore set forth, and directed the City Clerk to forward copies as listed above. ADJOURNMENT There being -no further business to come before the Council, Mayor Katzakian adjourned the meeting at approximately 11:40 p.m. to Tuesday, July 3, 1979 at 8:00 p, m. Atte s t: ALiCEM. REE CITY CLERK -13-