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HomeMy WebLinkAboutMinutes - October 4, 1978iso CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS OCTOBER 4, 1978 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, October 4, 1978 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Katnich, Katzakian, McCarty and Pinkerton (Mayor) Absent: Councilmen - Hughes 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 Mayor Pro Tempore Katzakian. PLEDGE Mayor Pinkerton led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Katzakian, Katnich second, Council approved the Minutes of September 6, 1978 as written and mailed. PROCLAMATION Mayor Pinkerton proclaimed the month of October 1978 as "International Toastmistress Month" and presented the Proclamation to Mrs. Violet Stenson. PUBLIC HEARINGS PARCEL AT N/W Notice thereof having been published in accordance CORNER OF N. with law and affidavit of publication being on file in PLEASANT AVE. the office of the City Clerk, Mayor Pinkerton called & W. LOCUST ST. for the Public Hearing to consider the City Planning REZONED FROM Commission's recommendation for approval of the R -HD TO C -P request of Mr. Irvin Bender to rezone the parcel at the northwest corner of North Pleasant Avenue and ORD. NO. 1159 West Locust Street (i. e. , 301 West Locust Street) INTRO.. from R -HD, High Density Multiple Family Residen- tial to C -P, Commercial -Professional. The matter was introduced by Community Develop- ment Director Schroeder, who also presented a dia- gram of the subject area for Council's perusal. The following person w•ho was in the audience addressed the Council speaking on behalf of the pro- posed rezoning: M 161 Minutes of October 4, 1978, continued PARCEL AT N/4t- a) Mr. Irvin Bender, 301 W. Locust Street, Lodi CORNER OF N. stated that he wished to sell the subject parcel PLEASANT AVE, and felt that its resale potential would be much & W. LOCUST ST, greater with the proposed rezoning. REZONED FROM R -HD TO C -P There being no other persons in the audience wish- ing to speak on the matter, the public portion of the ORD. NO. 1159 hearing was closed. INTRO. (Cont'd) Discussion followed with questions being directed to Staff and to Mr. Bender. Councilman Katzakian then introduced Ordinance No. 1159 rezoning the parcel at the northwest corner of North Pleasant Avenue and West Locust Street (i.e., 301 West Locust Street) from R -1-1D, High Density Multiple Family Residential to C -P, Commercial - Professional. The motion was seconded by Councilman Katnich and carried by the following vote: Ayes: Councilmen - Katnich, Katzakian, McCarty and Pinkerton Noes: Councilmen - None Absent: Councilmen - Hughes PLANNING The City Manager gave the following report of the COMMISSION Planning Commission meeting of September 25, 1978: The Planning Commission - REZONE Recommended approval of the request of Mr. Robert PARCEL AT Kidd on behalf of Mr. Vernon Kuhl to rezone the 427 W. OAK ST. parcel at 427 West Oak Street from R -HD, High. FROM R -HD TO Density Multiple Family Residential to C -P, Commer,- C-P cial-Professional. On motion of Councilman Katnich, Katzakian second, the matter was set for Public Hearing on October 18, 1978. The Planning Commission also - REZONE 2 16 & . Recommended approval of action initiated by the 220 W. LOCUST Planning Commission to rezone 2 16 and 220 West FROM R -HD TO Locust Street from R -HD, High Density Multiple C-2 & 300 W. Family Residential to C -Z, General Commercial and LOCUST & 207 N. 300 West Locust Street and a portion of 207 North PLEASANT FROM Pleasant Street from R -HD to C -P, Commercial Pro - R -HD TO C -P fessional. On motion of Councilman Katzakian, Katnich second, the matter was set for Public Hearing October 18, 1978. ITEMS OF The Planning Commission also - INTEREST 1. Approved the request of Mr. Gene G. Walton, Trustee for Ray's Children's Trust "B" for Variances -2- 162 Minutes of October 4, 1978, continued ITEMS OF to reduce the northern side yard from 5 feet to INTEREST 1 foot; to reduce the southern side yard from 5 feet (Cont'd.) to 4 feet; and the planters adjacent to required off- street parking from 5 feet to 4 feet -6 inches to per- mit the addition of 6 additional dwelling units to the existing single-family units at 935 and 939 Wellswood Avenue in an area zoned R -MD, Medium Density Multiple Family Residential. 2. Approved the Palmer Minor Subdivision, a 2 - parcel, 5. 51 acre tract on the south side of West Kettleman Lane, east of South Hutchins Street in the Vineyard Shopping Center in an area zoned P -D(15), Planned Development District No. 15. 3. Approved the request of Lodi Unified School District request for the approval of a Parcel Map to create three parcels for sale for residential purposes on the west and north sides of Millswood Middle School site which is located on the west side of North Mills Avenue at West Lockeford Street. COMMUNICATIONS PUBLIC HEARING City Clerk Reimche apprised the City Council of a Notice BEFORE BD. OF of Public Hearing before the Board of Supervisors of SUPERVISORS RE San Joaquin County to amend Uniform Zoning Ordinance REZONING & EN- No. 850, as amended, which had been received. This LARGEMENT OF is concerning the rezoning of property located on the AGRICULTURE N. E. corner of Lower Sacramento Road and State Route PRESERVE 12, extending to the Lodi City Limits to the East, South - NO. R-72-CIC(1) west of Lodi, and enlargement of Agricultural Preserve 1, No. -R -72 -CIC (1) to be held October 19, 1978. SENATE City Clerk Reimche also apprised the Council that a CONCURRENT copy of Senate Concurrent Resolution No. 91 relative to RES. NO. 91 Fire Prevention Planning had been forwarded to the City by the Secretary of the Senate. LAFCO HEARING Council was informed that a Notice had been received from RE LOBAUGH LAFCO that a public hearing will be conducted Friday, SOUTH October 20, 1978 on the proposed Lobaugh South Reor- REORGANIZATION ganization to the City of Lodi. - Community Development Director Schroeder advised the Council that the Executive Officer of LAFCO was in receipt of a letter from Ward H. Cramer stating that due to the unsolved drainage problems affecting the above proposed annexation, they are asking for a -two month continuance of the hearing. -ABC LICENSE - City Clerk Reimche presented an application which had been received for Alcoholic Beverage License for - Anthony D. and Terry G. Piazza, "Rivergate Liquor", S. W. corner of Sacramento Street and Turner Road, Off Sale General, Person to Person, Premises to Premises transfer. CLAIM The City Clerk presented a claim filed on behalf of Vernon Shelley showing a loss date of June 5, 1978. On motion of Councilman Katzakian, Pinkerton second, the claim was rejected and Council referred the matter to the City's Contract Administrator. -3- Minutes of October 4, 1978, continued 163 COMMUNICATIONS (Cont'd. ) RESPONSE FROM _!Mayor Pinkerton presented a letter received from LABOR DEPT. ON Senator S. 1. Hayakawa to which was enclosed a LODI reply he had received from the Department of RESOLUTION Labor in response to his inquiry on behalf of Mayor Pinkerton which reads in part as follows: Mr. Baggett outlined the program being formulated for the concert to be known as "the day on the grape'! Mr. Baggett further related that they expect to sell 22, 000 tickets for the concert. Mr. Baggett then responded to questions posed by the Council and concluded his remarks with an expression of appreciation to the City Council. On motion of Councilman Katnich, Katzakian second, Council granted an extension to the First American Musicorporation to October 28, 1978 the right to use the property commonly known as the Lodi Grape Bowl for a "Soft" Rock Concert. REPORTS OF THE In accordance with the report and recommendation CITY MANAGER of the City Manager, the following actions hereby set forth between asterisks, on motion of Council - CONSENT man Katnich, Katzakian second, were approved by CALENDAR Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $ 1, 414, 015. 15. SPECS FOR LANE COUNCIL APPROVED THE SPECIFICATIONS FOR LINE PAINTING LANE LINE PAINNTING AND AUTHORIZED THE APPROVED PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. -4- "We are pleased to note the Resolution passed by — the City Council of the City of Lodi requiring that all items purchased for use in City projects be produced in facilities where workers are paid wages no less than the Federal minimum wage. It is also gratifying to see that the City Council realizes that the intent of the Fair Labor Standards Act (the Federal minimum wage law) is to insure a minimum standard of living necessary for the health, effic- iency, and general well-being of workers. We appreciate the opportunity to learn of the City of Lodi's views and actions regarding this matter. EXTENSION OF Following introduction. of the matter by City SOFT ROCK Manager Glaves, Mr. Mark Baggett of the First CONCERT American Musicorporation addressed the Council APPROVED confirming that the proposed soft rock concert to be held in the Stadium has now been rescheduled for October 28, 1978. Mr. Baggett outlined the program being formulated for the concert to be known as "the day on the grape'! Mr. Baggett further related that they expect to sell 22, 000 tickets for the concert. Mr. Baggett then responded to questions posed by the Council and concluded his remarks with an expression of appreciation to the City Council. On motion of Councilman Katnich, Katzakian second, Council granted an extension to the First American Musicorporation to October 28, 1978 the right to use the property commonly known as the Lodi Grape Bowl for a "Soft" Rock Concert. REPORTS OF THE In accordance with the report and recommendation CITY MANAGER of the City Manager, the following actions hereby set forth between asterisks, on motion of Council - CONSENT man Katnich, Katzakian second, were approved by CALENDAR Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $ 1, 414, 015. 15. SPECS FOR LANE COUNCIL APPROVED THE SPECIFICATIONS FOR LINE PAINTING LANE LINE PAINNTING AND AUTHORIZED THE APPROVED PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. -4- 164 Minutes of October 4, 1978, continued SPECS FOR 3/4 TON COUNCIL APPROVED SPECIFICATIONS FOR PICKUP TRUCK ONE 3/4 TON PICKUP TRUCK WITH KOENIG APPROVED SERVICE BODY AND TM -3 HYDRAULIC GATE VALVE OPERATOR AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. AWARD -CONTRACT City Manager Glaves presented the following bids FOR DEMOLITION- which had been received for the contract for OLD SEWER PLANT "Demolition - Old Sewer Plant": RES. NO. 78-135 BIDDER AMOUNT ICONCO $54,300.00 Penhall Co. $56,974.00 West Coast Building Wrecking, Inc. $63,000.00 C-leveland Wrecking Co. $64,940.00 Z Machinery Co. $67,000.00 Heim Brothers, Inc. $70,000.00 World Enterprises $72,724.00 Burke Oilfield Construction $79,600.00 P & P Wrecking, Inc. $86,440.00 On recommendation of City Manager Glaves, Council adopted the following resolution: RESOLUTION NO. 78-135 RESOLUTION AWARDING THE CONTRACT FOR "DEMOLITION - OLD SEWER PLANT" TO ICONCO, THE LOW BIDDER, IN THE AMOUNT OF $54, 300. 00. HAM LANE MEDIAN City Manager Glaves apprised the Council that LANDSCAPING BID only one bid had been received for "Ham Lane REJECTED Median Landscaping" as follows: BIDDER AMOUNT Singh's Landscaping $7,774.00 City Manager Glaves recommended that inasmuch as only one bid was received and that it far ex- ceeded the engineer's estimate, that the bid be rejected and the project be reevaluated. On motion of Councilman Katnich, Katzakian sec- ond, Council rejected the sole bid received for the "Ham Lane Median Landscaping" and directed that the project be reevaluated. HANSEN INDUSTRIAL The City Manager presented for Council approval, PARK the final map, the improvement plans, and the im- provement security for Tract No. 1300 - Hansen Industrial Park. Council was apprised that this is a subdivision of 7. 7 acres lying North of Lodi -5- Minutes of October 4, 1978, continued HANSEN Avenue and west of the freeway. This subdivision INDUSTRIAL is zoned M-1 and contains 11 industrial lots. The PARK (Cont'd) developer, Henry Hansen, has completed all the requirements specified by the Planning Commission in the approval of the tentative map on September 12, 1977. Following discussion with questions being directed to Staff, on motion of Councilman Katnich, Katzakian second, Council established the following findings for the Hansen/Industrial Park Subdivision: 1, that the proposed Tentative Map is consistent with the Adopted Land Use -Circulation, Open Space - Conservation and Interim Housing Elements; 2, that the approval of the Tentative Map will not adversely affect an area of concern which the pro- posed Safety, Seismic Safety and Noise Elements, as specified in the State General Plan Guidelines, are intended to mitigate; 3. that the design and improvement of Industrial Way Business Park is consistent with the Adopted Elements of the General Plan and does not adversely affect an area of concern which the proposed ele- ments are intended to mitigate; 4. that the site is physically suited for the proposed density of development; 5. that the site is physically suited for the proposed type development; 6, that the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat; 7. that the design of the subdivision or the type of improvements is not likely to cause serious public health problems; and 8. that the design of the subdivision or the type of improvements will not conflict with easements ac- quired by the public at large for access through or use of property within the subdivision. On motion of Councilman Katzakian, Pinkerton second, Council approved the final map, the im- provement plans, and the improvement security for Tract No. 1300 - Hansen Industrial Park, and directed the City Manager to sign the Subdivision Agreement on behalf of the City. CONTRACT WITH Following introduction of the matter by City Manager LODI UNIFIED Glaves, Council, on motion of Councilman Katzakian, SCHOOL DISTRICT Katnich second, adopted Resolution No. 78-136 FOR USE OF approving a contract between the City of Lodi and the STADIUM FOR Lodi Unified School District of San Joaquin County for SCHOOL ACTIVI- the School District's use of the Stadium for school TIES APPRVD. activities. for the 1978-79 school year with the same terms and conditions as contained in the contract for RES. NO. 78-136 the 1977-78 school year. -6- 165 166 Minutes of October 4, 1978, continued REVENUE FROM City Manager Glaves apprised the City Council CITY ACCOUNTS that at its regular meeting of September 6, 1978 VERSUS 1977 1978 the question of 1978 versus 1977 revenue from City accounts was raised by Councilman Hughes. In response to that inquiry, City Manager Glaves informed the Council that revenue from City accounts for July 1978 was $45, 060 as compared to 1977 revenue from the same accounts of $29, 815, or an increase of $15, 245. Three major transactions account for this difference: ( 1) $8, 588 of electric usage at the White Slough Sewage Treatment Plant was not billed in July 1977 due to a change in the meters at that location, which was corrected and billed to the proper City account in November 1977. (2) Construction of the addition at the White Slough Plant was not completed until August 1977, and the additional electrical usage with the new plant in operation in 1978 was $3, 021. (3) Water production increased considerably in 1978 amounting to $4, 22 1 additional electric consumption. August 1978 revenue from City accounts exceeded the corresponding month last year by $10, 579. This change is due to $10, 687 of revenue from the White Slough Sewage Treatment Plant not being billed until November 1977 due to the metering change at the White Slough Plant. ANTI -RECESSION City Manager Glaves introduced Agenda Item "i" FUNDS advising the Council that with the adoption of the . °- 1978-79 Budget, the City Council appropriated ' $47, 810. 00 of Anti -Recession Funds to pay the costs of Unemployment Insurance and cover a por- tion of the salaries for the four police officers added in October 1977. The City's records show a balance of $70, 632. 31 in the Anti -Recession Fund as a result of the last two entitlements and appropriated funds unspent. The unexpended funds were for the replacement of the boiler in the Public Safety Building, security system for the MSC and adjustments to the Industrial Outfall Line. The boiler repair costs far exceeded the original esti- mates and new expenditure restrictions on Anti - Recession Funds preclude the use of these funds for that project. The same concern about eligibil- ity of expenditure resulted in the City Manager recommending that the Council reappropriate these restricted funds as follows: - Salaries for 4 Police Officers added in 1977: 4 Officers 12 Months: $52,724.00 Previous Appropriation: - $20,280.00 $32, 444. 00 $32, 444. 00 Books and periodicals for Library 24, 651.00 Employee Medical & Dental Benefits . 13, 537. 31 $70,632.31 -7- Minutes of October 4, 1978, continued ANTI On motion of Councilman Katzakian, Katnich second, RECESSION Council appropriated Anti -Recession Funds as re- -FUNDS commended by City Manager Glaves and heretofore (Cont'd.) listed. c. The City's specifications required a carbon monoxide detector (to supply air for a hood used while sand blasting as per State Industrial Safety Orders); their bid deleted this item and they do not wish to supply any detector model. It was pointed out that the nearest distributor for the Ingersoll-Rand compressor is in San Leandro and their method of service is to send one of their service trucks out into the field to make repairs as needed. City Manager Glaves recommended that the award be made to Air Pacific Company of Lodi. On motion of Councilman Katnich, Katzakian second,, Council adopted Resolution No. 78-137 awarding the bid for the Street Division Air Compressor to Air Pacific in the amount of $11, 606. 83, which includes trade-in and sales tax. SPECIAL Further, on motion of Councilman Katnich, Katzakian ALLOCATION second, Council approved a Special Allocation in the APPROVED amount of $2, 280. 00, the amount by which the Air Pacific Company bid of $11, 606.83 exceeded the approved 1978-79 Budget for this piece of equipment. RECRUITMENT Following introduction of the matter by City Manager FOR FOUR CITY Glaves, Council, on motion of Councilman Katzakian, POSITIONS Katnich second, authorized the recruitment for the AUTHORIZED following vacant positions: a) 2 -Park Maintenance Worker II b) 1 -Associate Civil Engineer c) 1 -Maintenance Worker II - Street Division -8- 167 City Manager Glaves presented the bids which had AWARD -BID been received for a portable air compressor as FOR PORTABLE follows: AIR COMPRESSOR BIDDER AMOUNT RES. NO.78- 137 - Ingersoll-Rand Corp. $10, 750.52 Air Pacific Co. $11, 606.83 Public Works Director Ronsko advised the Council that -the low bid received from Ingersoll-Rand Equipment Corporation on a 185 Model did not meet the City's specifications on the following items: a. Requested a balanced tongue weight of 100 pounds or less; their weight is set at 215 pounds. b. Draw bar to be equipped with a hand crank front jack; their compressor has the third wheel only. c. The City's specifications required a carbon monoxide detector (to supply air for a hood used while sand blasting as per State Industrial Safety Orders); their bid deleted this item and they do not wish to supply any detector model. It was pointed out that the nearest distributor for the Ingersoll-Rand compressor is in San Leandro and their method of service is to send one of their service trucks out into the field to make repairs as needed. City Manager Glaves recommended that the award be made to Air Pacific Company of Lodi. On motion of Councilman Katnich, Katzakian second,, Council adopted Resolution No. 78-137 awarding the bid for the Street Division Air Compressor to Air Pacific in the amount of $11, 606. 83, which includes trade-in and sales tax. SPECIAL Further, on motion of Councilman Katnich, Katzakian ALLOCATION second, Council approved a Special Allocation in the APPROVED amount of $2, 280. 00, the amount by which the Air Pacific Company bid of $11, 606.83 exceeded the approved 1978-79 Budget for this piece of equipment. RECRUITMENT Following introduction of the matter by City Manager FOR FOUR CITY Glaves, Council, on motion of Councilman Katzakian, POSITIONS Katnich second, authorized the recruitment for the AUTHORIZED following vacant positions: a) 2 -Park Maintenance Worker II b) 1 -Associate Civil Engineer c) 1 -Maintenance Worker II - Street Division -8- 167 168 Minutes of October 4, 1978, continued AGREEMENTS FOR City Manager Glaves presented for Council MERVYN'S 500-630 approval the Development Agreement, the W. KETTLEMAN Electrical Utility Agreement and the improve - LANE APPROVED ment securities for the Mervyn's development REPORTER at 500 - 630 West Kettleman Lane (corner of ADOPTED Kettleman Lane and Hutchins Street). Council was advised that the developer of this parcel — has provided the City with the necessary agree- ments, bonds, easement, and the development fees for the proposed development. On motion of Councilman Katnich, Katzakian second, Council approved the Development Agreement, the Electrical Utility Agreement, and the improvement securities for the Mervyn's Development at 500 - 630 West Kettleman Lane and authorized the City Manager to execute the documents on behalf of the City. GOOD WISHES Mayor Pinkerton announced that Pam Hendricks, EXTENDED TO Reporter for the Lodi Life and Times, would be PAM HENDRICKS, leaving the community and her job and that Jim LODI LIFE & TIMES Brunson would be her replacement on the Lodi REPORTER Life and Times staff. Expressions of apprecia- ADOPTED tion and good wishes were extended to Mrs. Hendricks. ORDINANCES PERMIT PARKING Ordinance No. 1158 - entitled "An Ordinance ON DESIGNATED Amending Lodi City Code Chapter 14, 'Motor STREETS Vehicles and Traffic' by adding a new section - thereto relating to permit parking on designated ORD. NO. 1158 streets" having been introduced at a regular ADOPTED meeting held September 20, 1978 was brought up for passage on motion of Councilman Katzakian, — Katnich second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted, and ordered to print by the following vote Ayes: Councilmen - Katnich, Katzakian, McCarty and Pinkerton Noes: Councilmen— Mone Absent: Councilmen - Hughes ADJOURNMENT There being no further business to come before the Council, Mayor Pinkerton adjourned the meeting at approximately 8:45 p. m. Attest: - ALICE M. REIMCHE - CITY CLERK WE