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Home My WebLink AboutMinutes - July 3, 1979374 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JULY 3, 1979 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Tuesday, July 3, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (arrived 8:10 p.m.), 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 Eric Coulon, First Baptist Church. PLEDGE Mayor Katzakian led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, Katnich second, the Minutes of June 6, 1979 were approved as written and mailed. PUBLIC HEARINGS AMEND CITY CODE Notice thereof having been published in accor- TO INCREASE THE dance with law and affidavit of publication ALLOWABLE LOT being on file in the office of the City Clerk, COVERAGE FROM Mayor Katzakian called for the Public Hearing 40% TO 45% to consider the City Planning Commission's recommendation for approval of certifying the ORD. NO. 1173 filing of a Negative Declaration by the Commun- INTRO. ity Development Director on the request of Richard A. Entzi to amend the Lodi City Zoning Ordinance (i. e. , Section 27, Lodi Municipal Code) to increasethe allowable lot coverage from 40% to 45% in R- 1 and R-2, Single -Family Residential Districts: and to consider the City Planning Commission's recommendation for approval of the request of Richard A. Entzi to amend the Lodi Zoning Ordinance (i.e. , Section 27, Lodi Municipal Code) to increase the allowable lot coverage from 40%n to 45% in the R- 1 and R-2, Single - Family Residential Districts. -I- Minutes of July 3, 1979, continued INCREASE The matter was introduced by Community Development ALLOWABLE Director Schroeder who presented diagrams of the sub - LOT COVER- ject area. AGE (Cont'd) Speaking on behalf of the matter was: Mr. Ben Schafer, 600 Connie Street, Lodi Addressing the Council regarding allowable side yard footages was Mr. Paul C. Lawrie, 2337 Tejon Street, Lodi, California. 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, Pinkerton second, Council approved the certifying of the filing of a Negative Declaration by the Community Development Director on the request of Richard A. Entzi to amend the Lodi City Zoning Ordinance (i. e. , Section 27, Lodi Municipal Code) to increase the allowable lot coverage from 40% to 45% in R- 1 and R-2, Single -Family Resi- dential District. Mayor Pro Tempore Katnich then moved introduction of Ordinance No. 1173 amending the Lodi Zoning Ordi- nance (i. e. , Section 27. 5 - 4-(b) 4, Lodi Municipal Code) to increase the allowable lot coverage Irom 40% to 45% in the R- 1 and R-2, Single -Family Residential Districts. The motion was seconded by Councilman Pinkerton and carried by unanimous vote. 375 ORDER TO Notice thereof having been published and posted in ABANDON accordance with law and affidavit of publication and PORTION OF posting being on file in the office of the City Clerk, UTILITY Mayor Katzakian called for the public hearing regard - EASEMENT ing the proposed vacation of a portion of a public LOCATED AT utility easement located at 524 Rutledge Drive, Lodi. 524 RUTLEDGE The matter was introduced by Community Development Director Schroeder who presented a diagram of the sub- ject area and reported that the Planning Commission at its meeting of June 25, 1979 had determined that no public need existed and recommended the'abandonment of 6 feet of a 10 foot public utility easement along the rear property line of a residential parcel at 524 Rutledge Drive. 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 Councilman Pinkerton, Katnich second, Council adopted an Order to abandon 6 feet of a 10 foot public utility easement situated along the rear property line of a residential parcel at 524 Rutledge Drive. -2- 376 Minutes of July 3, 1979, continued UNDERGROUND Notice thereof having been published in accordance with UTILITY DISTRICT law and affidavit of publication and mailing being on file NO. 5 ESTAB- in the office of the City Clerk, Mayor Katzakian called LISHED for the public hearing to determine whether public necessity, health, safety or welfare required the forma- RES-.- NO. 79-89 tion of Underground Utility District 5, including 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. The matter was introduced by City Manager Glaves who described the district and responded to questions as were posed by the Council. There being no persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council adopted Resolution No. 79-89 - Establish- ing Underground Utility District No. 5. PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of June 25, 1979: The Planning Commission - REQUEST TO Approved the request of R. W. Siegfried and Associates on AMEND P -D(4) behalf of Willard C. Collins, D.D.S. to certify the Final IN WLNC14ESTER Environmental Impact Report for Winchester Acres, 10. 11 ACRES acre, 11 lot, commercial -multiple family project at the northwest corner of South Hutchins Street and West Harney Lane in an area zoned P -D(4), Planned Development District No. 4. On motion of Mayor Pro Tempore Katnich, Hughes second, the matter was set for Public Hearing August 1, 1979. The Planning Commission also - Recommended approval of the request of A. W. Siegfried and Associates on behalf of Willard C. Collins, D. D. S. to amend P -D(4), Planned Development District No. 4 to pro- vide for 8 acres of multiple -family development and 2 acres of commercial use in an area encompassed by Winchester Acres Subdivision, at the northwest corner of South Hutchins Street and West Harney Lane with the following conditions: a. that the multiple family area be limited to a maximum of 20 units per acre and conform with the requirements of the R -GA, Garden Apartment Residential District, and that the commercial area conform to the requirements of the C -S, Commercial Shopping District. On motion of Mayor Pro Tempore.Katnich, Hughes second, the matter was set for Public Hearing Wednesday, August 1, 1979. -3- Minutes of July 3, 1979, continued REQUEST TO The Planning Commission also - DOWN ZONE AREA BOUNDED Certified the filing of a Negative Declaration by the BY LOUIE, Community Development Director on the request of CHURCH, Mr. Lawrence Wilson on behalf of various City of PLEASANT, OLIVE Lodi property owners/petitioners to down zone the & CALIF. FROM area bounded by Louie Avenue on the north, a north - R -MD TO R -GA south alley between Church and Pleasant Streets on the east, Olive Court on the south, and California ` Street on the west, from R -MD, Medium Density Multiple Family Residential to R -GA, Garden Apartment Residential. On motion of Councilman Pinkerton, Katnich second, the matter was set for Public Hearing August 1, 1979. _ The Planning Commission also - Recommended approval of the request of Mr. Lawrence Wilson on behalf of various City of Lodi property owners/petitioners to down zone the area bounded by Louie Avenue on the north, a north -south alley between Church and Pleasant Streets on the east, Olive Court on the south and California Street on the west from R -MD, Medium Density -Multiple Family Residential to R -GA, Garden Apartment Residential. On motion of Councilman Pinkerton, Katnich second, the Council set the matter for Public Hearing August 1, 1979. The Planning Commission also - EASEMENT I. Determined that no public. need existed and recom- VACATION mended the abandonment of 6 feet of a 10 foot public 524 RUTLEDGE utility easement along the rear property line of a resi- dential parcel at 5Z4 Rutledge Drive. 377 2. Conditionally approved the request of R. W. Siegfried and Associates on behalf of Willard C. Collins, D. D. S. for the approval of the Tentative Subdivision Map of Winchester Acres, a 10. 11 acre, 11 lot commercial - multiple family project at the northwest corner of South ITEMS OF INTEREST Hutchins Street and West Harney Lane in an area zoned P -D(4), Planned Development District No. 4. 3. Approved the request of Mr. Terry Piazza, Consulting Engineer, on behalf of Genie Development Company to approve a Parcel Map for King's Table Restaurant in Beckman Center, No. 1 (i.e., Vineyard Shopping Center) on the south side of West Kettleman Lane east of South Fairmont Avenue in an area zoned P-1)(15), Planned Development District No. 15. 4. Determined that a Zoning Hardship existed and approved the request*of Mr. Gary A. Kroll to reduce the required driveway length from 20 feet to 18 feet to permit construction of a carport adjacent to a residence at 677 East Lockeford Street in an area zoned M-2, Heavy Industrial. -4- 378 Minutes of July 3, 1979, continued ITEIVIS OF 5. Determined that a Zoning Hardship did not exist and INTEREST denied the request of Mrs. Marilee Padula for a Variance (C ont'd) to increase the maximum fence height from 3-1/2 feet to 6 feet in a street side yard area at 401 West Walnut Street- in treetin an area zoned R -HD, High Density Multiple Family Re sidential. 6. Conditionally approved the request of Mr. Ronald B. Thomas on behalf of Sanguinetti Park, a partnership, for a Use Permit for a 130 unit apartment project in Sanguinetti Park, Unit No. 3 in an area zoned P -D(17), Planned Development District No. 17. 7. Denied the request of Mr. Gene G. Walton, Attorney at Law, on behalf of Frank C. Alegre Trucking Co., Inc. to install a mobilehome as a residence for a security guard for a truck terminal located at 17690 North Cluff Road in an area zoned M-2, Heavy Industrial (the property was recently annexed). COMMliNICATIONS CLAIMS City Clerk Reimche advised the City Council that it is the r �r recommendation of R. L. Kautz and Company, the City's Contract Administrator and the City Attorney that the claim presented by Steven Diede (Loss Date 9/16/78) be rejected. On motion of Councilman Pinkerton, Katnich second, Council -rejected the claim presented by Steven Diede and referred it back to R. L. Kautz and Company, the City's Contract Administrator. USE OF LODI The City Clerk apprised the City Council that a request LAKE FOR had been received from Mr. Doug Flatter requesting the WATER SKI use of Lodi Lake Park for water ski lessons. Mr. Ed LESSONS De Benedetti, Director of Parks and Recreation was in the audience and addressed the Council concerning the proposal. Discussion followed with questions being USE OF LODI directed to Mr. De Benedetti, Mr. Mullen, the -City HIGH SCHOOL Attorney and to Mr. Doug Flatter who was also in the POOL AUTHORI- audience. On motion of Councilman Pinkerton, Hughes second, Council approved the request of Mr. Doug Flatter for the use of Lodi Lake Park for water ski lessons, subject to his obtaining the proper insurance coverage and with the City Attorney preparing the appropriate Agreement. LAFCO OPPOSES Council was informed that a copy of LAFCO's letter sent SB 1223 _' J to Chairman Marks at the State Capitol has been received wherein his staunch opposition to SB 1223 is requested. This Bill proposes to prematurely eliminate the island annexation provisions of the Municipal Organization Act of 1977. USE OF LODI City Clerk Reimche presented a petition which had been HIGH SCHOOL received bearing approximately 388 signatures urging POOL AUTHORI- the City Council to make the Lodi High School Pool avail - ZED FOR able for summer recreation. Mr. Ed De Benedetti gave SUMMER background information on the'subject and responded to RECREATION questions as were directed by Council. -5-. PUC Council was informed that a Notice had been received APPLICATION announcing that Pacific Telephone and Telegraph Co. has filed an application with the Public Utilities Commission for authority to establish charges for DirectozyAssistance Service, calling for charges to be made for those calls in excess of 20 calls per line per month. RESOLUTION RE The City Clerk presented a proposed resolution for TAXPAYER Minutes of July 3, 1979, cont'd 3 7 LODI HIGH A lengthy discussion followed. On motion of Mayor POOL (Cont'd) Pro Tempore Katnich, Pinkerton second, Council cc yp approved the reopening of the Lodi High -Swimming Pool - for recreational swimming between the hours of 1:00 and 4:30 p. m. , which is not to interfere with ongoing - programs at that facility, at an estimated cost of $3500. 00. Council also asked that the Recreation Department keep a record of the number of swimming tickets that are sold for this season for the Lodi High School Pool. LAFCO DIS- The City Clerk apprised the City Council that a certified APPROVES copy of LAFCO Commission Resolution 430 has been FILLY RANCH received disapproving Filley Ranch Reorganization with - REORGANIZATION out prejudice and which waives the filing fee upon re- application when full City service can be anticipated. PUC Council was informed that a Notice had been received APPLICATION announcing that Pacific Telephone and Telegraph Co. has filed an application with the Public Utilities Commission for authority to establish charges for DirectozyAssistance Service, calling for charges to be made for those calls in excess of 20 calls per line per month. RESOLUTION RE The City Clerk presented a proposed resolution for TAXPAYER Council consideration supporting pending national and DEDUCTION FOR state legislation to allow all taxpayers a deduction for CHARITABLE charitable contributions whether they itemize or not and CONTRIBUTIONS requesting the General Assembly of the League of - California Cities at its 1979 Annual Conference and the National League of Cities at its 1979 Congress of Cities to endorse this legislation. Mayor Katzakian requested that this matter be set as an Agenda Item for the regular Council meeting of July 18, 1979. APPEAL OF Following receipt of an appeal from Mrs. Marilee Padula, MARILEE Council, on motion of Mayor Pro Tempore Katnich, PADULA RE Katzakian second, set a Public Hearing on July 18, 1979 MAXIMUM at 8:00 p.m. to consider the appeal of Marilee Padula, FENCE HEIGHT 401 W. Walnut Street, Lodi, of the actions of the Planning IN A STREET Commission in denying her request for a variance to in - SIDE YARD c rease the maximum fence height from 3- 1/2 feet to 6 feet AT 401 W. in a street side yard area at that address in an area zoned WALNUT ST.. R -HD, High Density Multiple Family Residential. APPEAL OF Following presentation by the City Clerk of an appeal letter FRANK C. ALEGRE sent by Mr. Gene G. Walton on behalf of Frank C. Alegre TRUCKING CO., Trucking Co., Inc., Council, on motion of Mayor Pro INC. RE INSTALLA-Tempore Katnich, Pinkerton second, set for Public Hearing TION OF MOBILE- on July 18, 1979 at 8:00 p.m. the appeal of Mr. Gene G. HOME AS RESI- Walton, Attorney at Law on behalf of Mr. Frank C. Alegre DENCE Trucking Co. , Inc, of the Planning Commission's denial - - = of his request to install a mobilehome as a residence for a Security Guard for a truck terminal located at 17690 North Cluff Road in an area zoned M-2, Heavy Industrial. -6- 380 Minutes of July 3, 1979, continued UNAUTHORIZED The City Clerk presented a letter which had been received WATER CONNEC- from Attorney Gene G. Walton representing J. M. and Rose TION AT 1880 SO. Ferguson, 1880 South Hutchins Street, Lodi, which letter HUTCHINS ST. concerns an unauthorized water connection at that address. The letter requests that the matter be set as an agenda item as soon as possible. Following Council discussion and with the tacit concurrence of the City Council, Mayor Katzakian directed the City Clerk to place this matter on the agenda of the July 18, 1979 regular Council meeting. I N MEMBERS OF Mr. Ben Schaffer, 600 Connie Street, Lodi addressed the CITY. STAFF Council, complimenting various members of the City staff COMPLIMENTED for their time and efforts in recent meetings held with the Ball Glass Company. REPORTS OF THE CITY MANAGER CONSENT In accordance with the report and recommendation of the City CALENDAR Manager, the following actions hereby set forth between asterisks, on motion of Mayor Pro Tempore Katnich, Hughes second, were approved by the Council: CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $957,316.28. MILLSWOOD UNIT Council was informed by the City Manager that Matthews NO. 1 SUBDIVI- Development Company, the developer of Millswood Unit No. SION DOCUMENTS has furnished the City with the final map and the subdivision APPRVD. improvement plans, as well as the necessary agreements, surety bonds, and development fees for their proposed subdi- vision. This subdivision is located northwest of the Lodi Unified School District property on Mills Avenue and Rainier Drive and consists of 57 lots zoned R-2. COUNCIL APPROVED THE FINAL MAP, IMPROVEMENT PLANS, AND THE IMPROVEMENT SECURITY FOR MILLS - WOOD UNIT NO. 1 AND DIRECTED THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE DOCUMENTS ON BE- HALF OF THE CITY. AGENDA ITEM AGENDA ITEM "c" - "APPROVE AGREEMENTS - MILLSWOOD REMOVED FROM UNIT #E2" WAS REMOVED FROM THE AGENDA. THE AGENDA PLANS & SPECS PLANS AND SPECIFICATIONS FOR "LOUIE AVENUE WATER - FOR LOUIE AVE. MAIN, ROPER AVENUE TO CALIFORNIA STREET AND & GRANT AVE. GRANT AVENUE WATERMAIN, 140' S/FORREST AVENUE WATERMAIN TO LOUIE AVENUE" WERE APPROVED BY THE CITY APPROVED COUNCIL, AND THE CITY CLERK WAS DIRECTED TO / F ADVERTISE FOR BIDS THEREON. SPECS FOR COM- COUNCIL APPROVED THE SPECIFICATIONS OF A COMPACT PACT AUTO FOR AUTOMOBILE FOR PUBLIC WORKS AND AUTHORIZED THE PUBLIC WORKS PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. APPRVD. -7- 3g1 Minutes of July 3, 1979, continued SPECS FOR 15 -KV COUNCIL APPROVED THE SPECIFICATIONS FOR XLP CABLE 60, 000 FEET OF 15-kv XLP CONCENTRIC CABLE APPROVED AND AUTHORIZED THE PURCHASING AGENT .TO ADVERTISE FOR BIDS THEREON. SPECS FOR 600- COUNCIL APPROVED THE SPECIFICATIONS FOR VOLT TRIPLEX 40, 000 FEET OF 600 -VOLT XLP TRIPLEX CABLE CABLE_APPRVD. AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. SPECS FOR 44 COUNCIL APPROVED THE SPECIFICATIONS FOR 12-kv PAD- THE PURCHASE OF FORTY-FOUR 12-kv PAD - MOUNTED MOUNTED DISTRIBUTION TRANSFORMERS AND 1 TRANSFORMERS AUTHORIZED THE PURCHASING AGENT TO ADVER- APPRVD. TISE FOR BIDS THEREON. DESTRUCTION OF Council was advised that pursuant to the Government CERTAIN ADMIN- Code, the City Attorney had given his written consent ISTRATION DEPT, to the destruction of certain Administration Office RECORDS records, an inventory of which was presented for APPRVD. Council's perusal. Council adopted the following Resolution: RES. NO. 79-90 C " ' RESOLUTION NO. 79-90 J RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN ADMINISTRATION DEPARTMENT RECORDS. ELI1'V1INA1,ION.. Council was advised that curb and gutter has recently OF PARKING ON been installed on the south side of Turner Road between TURNER ROAD Church and Sacramento Street by the developer of Sanguinetti Park. This construction has provided for RES. NO. 79-91 two lanes of eastbound traffic in this area instead of one lane. To safely divert this traffic to the south of the existing median island.through.the underpass, it will be necessary to eliminate on -street parking as depicted on a diagram presented for Council's perusal. RESOLUTION NO. 79-91 RESOLUTION ELIMINATING PARKING ON THE SOUTH SIDE OF TURNER ROAD FROM THE CENTERLINE OF SACRAMENTO STREET TO 195 FEET NEST OF SAID CENTERLINE. ABANDONMENT Council was informed that the City has received a letter OF TAXI STAND- from the City Cab Company requesting the abandonment LOCUST STREET of a Taxi Stand in the 100 block of East Locust Street, which request was sent pursuant to Section 24-19 of the Lodi City Code. - The taxi stand in question is located at the site of the old bus depot which burned and the area is now being ` developed for other uses and there is no longer a need for the stand in the area. Pursuant to the City Code, the City Clerk has set the matter for public hearing on August 1, 1979 at 8:00 p.m. -8- 38? Minutes of July 3, 1979, continued ACCEPTANCE OF Council was informed that the contract for "First Street "FIRST ST, .. Improvements, California Street to Lincoln Avenue" IMPROVEMENTS, which was awarded to H. Max Lee of Lodi on May 16, CALIF, ST. TO 1979 in the amount of $6, 994.00 has been completed in LINCOLN AVE." substantial conformance with the plans and specifications approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "FIRST STREET IMPROVEMENTS, CALIFORNIA STREET TO LINCOLN AVENUE" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FI -LE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. AWARD -CURB & City Manager Glaves presented the following bids which GUTTER had been received for the contract for Curb and. Gutter REPLACEMENT Replacement: RES. NO. 79-92 BIDDER AMOUNT - Teichert Construction $34,643.00 Can -Do Concrete $38,960.50 H. Max Lee, Inc. $40, 405, 20 Chas. I. Cunningham $41,043.50 Argosy Construction $56,409.95 Following recommendation of the City Manager, Council adopted the following Resolution: RESOLUTION NO. 79-92 RESOLUTION AWARDING THE BID FOR "CURB AND GUTTER REPLACEMENT, CENTRAL AVENUE - WALNUT STREET TO OAK STREET (WEST SIDE), OAK STREET - STOCKTON STREET TO WASHINGTON STREET, WASHINGTON STREET - OAK STREET TO ALLEY N/OAK (WEST SIDE) TO TEICHERT CONSTRUC- TION, THE LOW BIDDER, IN THE AMOUNT OF $34,643.00. ACCEPTANCE A copy of the deed from the Lodi Unified School District OF R/W DEDICA- indicating the necessary property adjacent to the Lawrence TION FROM School for the construction of street improvements that will LODI UNIFIED be done in conjunction with the subdivision improvements SCHOOL DISTRICT of Colony Ranch was presented for Council's perusal. This OF PARCELS ADJA-decication is being made in conformance with the conditions CENT TO LAW- under Lodi Unified School District Board of Trustees RENCE SCHOOL Resolution No. 79-20 as follows: RES. NO. 79-93 1. That the City construct the street improvements adjacent to the existing curb and gutter on Donner Drive and Calaveras T J Street; 2. That the School District reimburse the City for the cost of this construction; 3. That the reimbursement take place at such time as the School District sells its property adjacent to the improvements - or at such time as the School District constructs a permanent school building on the Lawrence School site; -9- LvtLnutes of July 3, 1979, continued 383 LUSD 4. If reimbursement is made in ten years, there will DEDICATION be no interest paid to the City by the School District. (Cont'd) Interest will be paid after the tenth year; & STATE FOR 5. At such time as additional permanent school buildings FEDERAL AID are constructed at the Lawrence School, any remaining URBAN TRAFFIC required street improvements on Stockton Street and the SIGNAL MODERN- sidewalk on Donner Drive will be constructed by the IZATION School District. PROGRAM The following resolution was adopted by the City Council on this matter: RESOLUTION NO. 79-93 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE RIGHT-OF-WAY DEDICATION BY THE LODI UNIFIED SCHOOL DISTRICT OF PARCELS ADJACENT TO THE LAWRENCE SCHOOL. APPROVE A proposed Agreement between the State of California and AGREEMENT the Cify of Lodi for signal modification and modernization BETWEEN CITY at 14 intersections in Lodi was presented for Council's & STATE FOR approval. This project will be funded 100% with FAU FEDERAL AID funds ani those projects selected for signal modification URBAN TRAFFIC were detailed in a report presented to Council by Staff. SIGNAL MODERN- the Public Works Department will issue an encroachment IZATION RESOLUTION NO. 79-94 PROGRAM and the conditions that will be applied thereto. These con- RESOLUTION APPROVING AGREEMENT BETWEEN THE RES. NO. 79-94 CITY OF LODI AND STATE OF CALIFORNIA FOR % = FEDERAL AID UR_ BAN TRAFFIC SIGNAL MODERNIZA- TION PROGRAM AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREE- MENT ON BEHALF OF THE CITY. RES. AUTHOR- City Manager Glaves presented a request which had been IZING GENERAL received from General Mills asking the Council to approve MILLS TO CON- the construction of an additional industrial spur -line for STRUCT ONE General Mills in order for them to serve their proposed ADDITIONAL warehouse expansion. An exhibit which indicated where RAILROAD the proposed additional spur -line would be located was INDUSTRIAL presented for Council's perusal. SPUR -LINE TRACK ACROSS Council was informed that upon receiving Council approval, TURNER RD. the Public Works Department will issue an encroachment permit covering the spur -line crossing of Turner Road RES. NO. 79-95 and the conditions that will be applied thereto. These con- ditions would include, but not be limited to, reconstruction of curb, gutter, sidewalk and streets in order to provide J for level and smooth crossing of Turner Road, providing the engineering plans covering these required improve- ments and a restriction covering the amount of Turner Road that can be closed down at one time. Council adopted the following Resolution regarding the matter: 384 Minutes of July 3, 1979, continued RES. NO. 79-95 GENERAL MILLS RESOLUTION NO. 79-95 TRACK (Cont'd) RESOLUTION APPROVING THE CONSTRUCTION OF ONE ADDITIONAL INDUSTRIAL SPUR -LINE FOR GENERAL MILLS IN ORDER FOR THEM TO SERVE THEIR PROPOSED WAREHOUSE EXPANSION. DESIGN AUTHORI- A proposal which had been received from Kenneth H. ZATION FOR THE Glantz, Consulting Engineers for the design of the NORTHEAST AREA Northeast Area Sanitary Sewer Lift Station was pre - SANITARY SEWER sented for Council's perusal. The estimated maximum LIFT STATION fee for this work would be $15, 000. APPROVED q (-) � Council was apprised that the Public Works Department has reviewed the proposal and recommends that the Council authorize the' Public Works Department to pro- ceed with the engineering for the sanitary sewer lift station as outlined under Resolution No. 79-83, which sets up the conditions under which this lift station will be constructed. COUNCIL AUTHORIZED THE PUBLIC WORKS DIREC- TOR TO RETAIN KENNETH H. GLANTZ, CONSULTING ENGINEERS FROM STOCKTON, TO DESIGN THE SANITARY SEWER LIFT STATION TO SERVE THE NORTHEAST AREA OF LODI. PLANS & SPECS COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR SCARBOROUGH FOR "SCARBOROUGH DRIVE, WIMBLEDON DRIVE TO DRIVE AND CENTURY BOULEVARD AND WIMBLEDON DRIVE, WIMBLEDON DRIVE SCARBOROUGH DRIVE TO HUTCHINS STREET PAVING IMPROVEMENTS IMPROVEMENTS" AND AUTHORIZED THE CITY CLERK APPROVED TO ADVERTISE FOR BIDS THEREON. SPECIAL INITIATIVE The City Clerk certified that she had canvassed the ELECTION 6/26/79 returns of the Special Initiative Election held June 26, RESULTS 1979 and reported the results thereof. On motion of Mayor Pro Tempore Katnich, Katzakian second, the City RES. NO. 79-97 Council adopted the following resolution: P l!- - ` RESOLUTION NO. 79-97 DECLARING RESULTS OF ELECTION WHEREAS, a Special Initiative Election was held and conducted in the City of Lodi on Tuesday, the 26th day of June, 1979, as required by law; and WHEREAS, it appears from the report of the City Clerk and the records on file in her office that voting pre- cincts were properly established and the polling places thereof designated; that election officers were appointed and qualified; that election supplies, including official ballots, were furnished each of said precincts; and that in all respects, said election was held and conducted and the votes received thereat were received and canvassed and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State pro- viding for and regulating elections in general law cities; and Minutes of July 3, 1979, continued p ELECTION (Cont'd) y WHEREAS, in accordance with Resolution No. 79-58, the City Clerk conducted the canvass of the returns of said election; and WHEREAS, the City Council of the City of Lodi, meeting at the Lodi City Council Chambers this 3rd day of July, 1979 to declare the results of election, finds, determines and de- clares as a result of said count and canvass as certified by the City Clerk; (1) That said Special Initiative Election was held and conducted in the City of Lodi, California on the 26th day of June, 1979 in time, form and manner required by law; (2) That there were eight voting precincts established in said City for the purpose of holding said election, viz: VOTING PRECINCT 1, Comprising State and County Precinct Numbers L2401, L2402, L2412 VOTING PRECINCT 2, Comprising State and County Precinct Numbers L2403, L2404, L2405 VOTING PRECINCT 3, Comprising State and County Precinct Numbers L2406, L2407, L2409 VOTING PRECINCT 4, Comprising State and County Precinct Numbers L2408, L24102 L2411 VOTING PRECINCT 5, Comprising State and County Precinct Numbers L2413, L2415, L2418 VOTING PRECINCT 6, Comprising State and County Precinct Numbers L2414, L2416, L2417 VOTING PRECINCT 7, Comprising State and County Precinct Numbers L2419, L2420, L2421 VOTING PRECINCT 8, Comprising State and County Precinct Numbers L2422, L2423, L2424 (3) That the whole number of votes cast at said.election was Two Thousand Nine Hundred Thirty-four (2, 934). (4) That the total number of votes cast for and against the measure "THE PEOPLE OF THE CITY OF LODI DO ORDAIN AS FOLLOWS: "Shall an Ordinance amending Section 27-9(b)2(i) 'Building Site Area Requirements' to read in full as follows: (i) For the various residential types of buildings permitted the provisions shall be as follows: a. For one family dwellings: a minimum of five thousand square feet and fifty feet in width for each main building and its accessory buildings. b. For two family dwellings: a minimum of eight thousand square feet and eighty feet in width for each main building and its accessory buildings. c. For multiple family and group dwellings: a minimum of four thousand square feet for each additional attached dwelling unit, with a minimum lot width of one hundred feet. _12- 386 Minutes of July 3, 1979, continued ELECTION (Cont'd) d. However, in areas that are adjacent to the Central Business District and surrounded by areas classified in the R -HD District, the provisions for dwellings shall be the same as the R -HD District, as provided in subsection (b) 1 and 2 of Section 27-8A. "Section 27-9(c) 1 Subsection (c) 1, 'Minimum Yards' is hereby amended to read as follows: I. For dwellings the provisions shall be the same as the R- 1 Zone. be adopted?" was as follows: PRECINCTS 1 2 3 4 5 6 7 8 Abs. Vote TOTAL Yes 198 171 262 328 342 Z75 367 428 75 2,446 No 49 59 50 84 48 64 52 56 26 488 Totals 247 230 312 412 390 339 419 484 101 2,934 RESOLVED,' that the results of the Special Initiative Election held in the City of Lodi on June 26, 1979 show that a majority of the voters have voted in favor of the measure and pursuant to State of California Elections Code Section 4013, the Ordinance heretofore set forth shall be considered as adopted upon the date that the vote is de- clared by the legislative body, and shall go into effect 10 days after that date. Upon the adoption of this Resolution, the City Clerk shall enter a full copy thereof on the records of the City Council of the City of Lodi for its meeting held this 3rd day of July 1979.- MOUNCE STREET Councilman Pinkerton asked to abstain from discussion ABANDONMENT and voting on the following matter and was excused by Mayor Katzakian. RES. NO. 79-96 / -1 ,• I -) The City Council was informed that Dan Anderson, owner of the property abutting the east end of Mounce Street, has requested by letter that the street be abandoned, or at least terminated in a cul de sac at its present extremity. Mr. Anderson has also provided the necessary funds for advertising. In order to abandon or terminate the street, it will be necessary to amend the circulation element of the General Plan and it will be necessary for the Planning - Commission to determine that there is no existing or future need for the street. Council was advised that the City staff has no major prob- lem with the abandonment of Mounce Street due to the size of the parcels to the east and the industrial use; however, Staff cannot recommend terminating the existing street with a cul-de-sac in heavy industrial area. Following Council discussion with questions being directed to Staff, Council, on motion of Mayor Pro Tempore Katnich, Hughes second, adopted Resolution No. 79-96 - Resolution of Intention to abandon Mounce Street, east of Cluff Avenue, referred the matter to the Planning Commission, and set -13- ...... u.CJ -i jury S, 1979, continued 3Q7 MOUNCE STREET the matter for Public Hearing on September 5, 1979. The vv (Cont'd) motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty, and Katzakian On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the proposal as presented by Mr. Piazza, rescinded its previous order not to allow the issuance of building permits on Lots 88, 89 and 90 of this subdivision, and approved the construction of wooden fencing along the new easement line. LATE ADDITION Noes: Councilmen - None EORGANIZATION & Absent: Councilmen - None ETACHMENT Abstain: Councilmen - Pinkerton REVISED P.G.&E. Mr. Terry Piazza, Baumbach and Piazza Civil Engineers, EASEMENT COLONY Lodi, addressed the Council stating that an agreement had RANCH SUBDV. been reached with P.G.&E. regarding the P.G.&E. easement ` located in Colony Ranch Subdivision. P. G. &E. has agreed to quitclaim the existing easement affecting the subdivision to Mr. Spivock who in turn will grant P. G. &E. a new 12 -foot easement, The easement will specifically restrict the owners of Lots 88, 89 and 90 from constructing anything (including concrete slabs and fences) in the easement and the easement would automatically revert to the property owners when P. G. &E. abandoned the existing gas line. Mr. Piazza further proposed that the Council approve the construction of wooden fence along the new easement line. A lengthy discussion followed with questions being directed to Staff and to Mr. Piazza. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the proposal as presented by Mr. Piazza, rescinded its previous order not to allow the issuance of building permits on Lots 88, 89 and 90 of this subdivision, and approved the construction of wooden fencing along the new easement line. LATE ADDITION The City Clerk presented a letter which had been received EORGANIZATION & from LAFCO to which was attached a certified copy of that ETACHMENT Commission's Resolution 429 approving the Slate Reorgani- zation to the City of Lodi and Detachment from the Mokelumne ES. NO. 79-98 Rural County Fire Protection District and authorizing the City of Lodi to conduct subsequent proceedings:' This resolution ''= - authorizes the City Council to take proceedings for reorgani- zation in accordance with Section 56290 et seq. of the Government Code of the State of California without notice and hearing and without an election in accordance with Section 56261 of the Government Code of the State of California. A diagram of the subject area and background information were presented for Council's scrutiny. Following Council discussion, on motion of Mayor Pro Tempore Katnich, Pinkerton second, Council adopted Resolution No. 79-98 - resolution making determinations and ordering reor- ganization without election in the matter of the Slate Addition including annexation of the territory to the City of Lodi and detachment of said territory from the Mokelumne Rural County Fire Protection District. -14- 388 Minutes of July 3, 1979, continued EXTENSION OF Council was informed that the City's Agreement with the DIAL -A -RIDE City Cab Company for Dial -A -Ride expired June 30, 1979. AGREEMENT WITH Staff feels that the program is successful in terms of the CITY CAB CO. number of people served and recommends that the City APPROVED again contract with City Cab Company to continue this pro- {, G) gram for one year. The funding for continuation of this RES. NO. 79-99 program is included in the City's 1979-80 Claims for Trans- portation Development Act Funds (SB 325) in the amount of $42,250. Council discussion followed with questions being directed to Staff. On motion of Councilman Pinkerton, Katnich second, Council adopted Resolution No. 79-99 extending the City's agreement with the City Cab Company for Dial -A -Ride for one year commencing 7/1179 and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. RATE INCREASE At the City Council meeting of June 20, 1979, the City Clerk AUTHORIZED FOR had presented a request for a rate increase that had been CITY CAB COMPANY received from the City Cab Company. City Cab Company has requested that the rates for regular fares be increased from RES. NO. 79- 100 $. 90 flag drop and $. 90 per mile to $1. 00 flag drop and $1. 00 {, G) per mile. Assistant City Manager Glenn apprised the Council that City Cab Co. indicated the reason for the request was rising costs of gas, oil and insurance. A profit and loss statement for January 1, 1979 to March 31, 1979 accomplished the request. It was Staff's recommendation that the rate increase be approved. On motion of Councilman Hughes, Katnich second, Council adopted Resolution No. 79- 100 authorizing the City Cab Company to increase its rates effective July 9, 1979 from $.90 flag drop and $.90 per mile to $1.00 flag drop and $1. 00 per mile. RES.. APPOINTING Following introduction of the matter by City Manager Glaves, RONALD M. STEIN Council, on motion of Councilman Pinkerton, Katnich second, & FIXING HIS RATE adopted Resolution No. 79-101 appointing Ronald M. Stein as OF COMPENSATION Assistant City Attorney of the City of Lodi from July 16to August 1979 and on August 1, 1979 as full time City Attorney and RES. NO. 79- 101 fixing his rate of compensation. y - Council was informed the Memoranda of Understanding with CLASSIFIED the City's employee groups call for adjustments to salaries PERSONNEL SALARY of the City's classified employees. Information regarding INCREASES APPRVD. this matter was presented by Assistant City Manager Glenn, who then responded to questions as were posed by the Council. RES. NO. 79- 102 On motion of Councilman Pinkerton, Hughes second, Council adopted Resolution No. 79- 10Z approving salary increases for Classified Personnel as follows: Unit IBE W General Services Maintenance & Operators -15- Effective Adjustment Date 2.5% 6/25179 4.0%u 7/9/79 7.0% 6/25/79 On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the addition of 1 Maintenance Worker I - Public Works position to the budget at an additional cost of $14,885.00. On motion of Councilman Pinkerton, Hughes second, Council approved additional funds for a Water Conservation Officer at a cost of $3, 480. 00 On motion of Councilman Pinkerton, Katnich second, Council authorized the purchase of two Walkie Talkies for the Park Patrol at a cost of $1800.00 with the depreciation thereof set at $275.00 to be funded from Revenue Sharing Funds. - 16- 289 Minutes of July 3, 1979, continued SALARY INCREASES Effective (Cont'd) Unit Adjustment Date n ~- Police 7.0% 6/25/79 Fire 7.0% 6/25/79 AWARD -HOLLY City Manager Glaves presented the following bids which had DRIVE STREET been received for the Holly Drive Street Light District (Mills LIGHT DISTRICT Avenue to Crescent Avenue): CONTRACT BIDDER AMOUNT RES. NO. 79-103 Graffigna Electric $31,237.00 ` Collins Electric $42,222.00 M & M Electric $44,745.00 Steiny Electric $59,423.00 The City Manager advised the Council that the low bid was within 15% of the Engineer's estimate and recommended that the award be made to Graffigna Electric, the low bidder. On motion of Mayor Pro Tempore Katnich, Hughes second, Council adopted Resolution No. 79- 103 awarding the contract for the Holly Drive Street Light District (Mills Avenue to Crescent Avenue) to Graffigna Electric, the low bidder, in the amount of $31, 237. 00. RECESS Mayor Katzakian declared a 5 -minute recess and the Council reconvened at approximately 9:50 p. m. 1979-80 BUDGET The City Council continued its review of the proposed 1979-80 ADOPTED Budget. ORD. NO. 1174 Following Council discussion, Council took the following actions pertaining to proposed amendments to the submitted 1979-80 - Recommended City of Lodi Budget. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council rejected the proposed amendment to keeping the Finance Department windows open to the public an additional two hours per day at an estimated cost of $2615.00. On motion of Councilman Pinkerton, Katnich second, Council approved one additional police officer position to the budget for which it is not necessary to appropriate additional funds. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council approved the addition of 1 Maintenance Worker I - Public Works position to the budget at an additional cost of $14,885.00. On motion of Councilman Pinkerton, Hughes second, Council approved additional funds for a Water Conservation Officer at a cost of $3, 480. 00 On motion of Councilman Pinkerton, Katnich second, Council authorized the purchase of two Walkie Talkies for the Park Patrol at a cost of $1800.00 with the depreciation thereof set at $275.00 to be funded from Revenue Sharing Funds. - 16- 390 Minutes of July 3, 1979, continued BUDGET ADOPTED On motion of Councilman Pinkerton, Hughes second, (Cont'd) action was deferred on part time Wilderness area help at a total cost of $4854. 00. On motion of Councilman Hughes, Katnich second, there was $25, 000.00 deducted from the fund provided for the operation of the Tokay Pool as this amount was duplicated in the Recommended Budget Submittal. On motion of Mayor Pro Tempore Katnich, Katzakian second, an additional $3500.00 was approved for the City Attorney's Budget for salary, automobile allowance and membership dues. On motion of Councilman McCarty, Katnich second, Council deferred action on any changes to the Budget as it pertains to custodial care of City facilities to allow addi- tional time for the Staff and City Council to study and review various alternates available. On motion of Mayor Pro Tempore Katnich, Pinkerton second, Council authorized an additional $3500.00 for the reopening of the Lodi High Swimming Pool for recreational swimming. Following additional discussion, Councilman Pinkerton moved introduction of Ordinance No. 1174 adopting an operating budget for the support of various departments of the City of Lodi and a Utility Outlay Budget for the Fiscal Year -beginning July 1, 1979 and ending June 30, 1980 as follows- Council/Clerk $ 85,425 Contingencies 300,000 General Charges 1, 529,070 Pension 759, 585 Debt Service 174,480 City Attorney 35,230 City Manager 140,290 Community Development 22 1, 465 Finance 239,295 Police 1,276, 320 Fire 935,705 Public Works 1,276,050 Recreation 323,445 Parks 479.955 TOTAL GENERAL FUND $ 7,776,315 Electric Fund 8, 108,000 Sewer Fund 1,051,820 Water Fund 365,800 Library Fund 362,635 Parking Fund 53,240 TOTAL OPERATING BUDGET $17, 7 17, 810 Utility Outlay Budget $ 582, 035 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 Minutes of July 3, 1979, continued 39J APPOINTMENTS On motion of Mayor Pro Tempore Katnich, Hughes second, TO VARIOUS CITY Council concurred with the following appointments to various BOARDS & City Boards and Commissions made by Mayor Katzakian: COMMISSIONS a) Reappointed Dr. Milton M. Bergantz to the Library Board of Trustees for a three-year term commencing July 1, 1979. b) Appointed Leonard A. Humphreys to the Library Board of Trustees for a three-year term commencing July 1, 1979. c) Reappointed Esther F. Lund to the Personnel Board of Review for a 4 -year term commencing July 1, 1979. d) Appointed J. Jeffrey Kirst to the Planning Commission for a 4 -year term commencing July 1, 1979. e) Reappointed L. D. Tonn to the Planning Commission for a 4 -year term commencing July 1, 1979. f) Appointed Harry L. Marzolf to the unexpired term of Planning Commissioner Fred Muther, which term expires June 30, 1981. g) Appointed Dan Anderson to the Recreation Commission for a 4 -year term expiring 12/31/82. h) Reappointed David J. Reese to the Recreation Commission for a 4 -year term expiring 12/31/82. i) Reappointed Dennis Swanson to the Recreation Commission for a 4 -year term expiring 12/31/82. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned by Mayor Katzakian at approxi- mately 10:15 p.m. Attest: ALICE M. REIMCHE CITY CLERK