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HomeMy WebLinkAboutMinutes - November 17, 1976CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS NOVEMBER 17, 1976 The regular meeting of the City Council of the City of Lodi was held beginning at 8100 p. m_ Wednesday, November 17, 1976 in the City Hall Council Chambers, ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, KA`L'ZAKIAN, PINKERTON AND HUGHES (MAYOR) Absent: Coun.ci.ime _ - None Also Present: City Manager Glaves, City Attorney Mullen, Public Works Director Ronsko, Assistant City Manager Glenn and Community Development Director -Deputy City Clerk Schroeder. INVOCATION The invocation was given by Reverend Dave Baker of the Grace Presbyterian Church. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Katnich, Ehrhardt second, the Minutes of October 27, 1976 were approved as mailed. PUBLIC HEARINGS Notice thereof having been published and posted VACATE PQRTIONS in accordance with law and affidavits 'of publica- OF EASEMENT- tion and posting being on file in the office of the LOTS 177-190 City Clerk, Mayor Hughes called for the public LAKEWOOD UNIT 404 hearing on the proposed vacation of portions of an easement to the rear of Lots 177- 190 of Lakewood Unit s 4 (i, e. 1900-2028 Edgewood Drive). Public Works Director Ronsko introduced the matter and stated the Planning Commission had determined that no public need existed for the proposed abandoned portions of the easement. Mr. Marlow Stark, 1942 Edgewood Drive, was present and urged the Council to approve the abandonment. ORDER TO VACATE As no one else wished to be heard on this matter, ACCEPTED the public portion of the hearing was closed. On motion of Councilman Katzakian, Katnich second the Council adopted an order vacating a portion of an easement to the rear of Lots 177-190, Lakewood Unit #4. -I- PLANNING COMMISSION 8t Minutes of November 17, 1976, continued The City Manager gave the following report of the Planning Commission meeting of November 8, 1976: The Planning Commission: FLOODPLAIN ZONE 1. Recommended that the F -P, Floodplain AMENDMENTS Zoning District be amended to conform with the adopted Open Space- Conservation Element of the General Plan. On motion of Councilman Katnich, Katzakian second, the matter was set for Public Hearing on December 15, 1976. ITEMS OF INTEREST The Planning Commission also: 1. Continued final consideration of the request of Mr. Vernon Ekstrom to rezone an area on the west side of Academy Street between 385 feet and 565 feet south of Kettleman Lane from R-2, Single -Family Residential to R -MD, Medium Density Multiple Family Residential. The matter was continued in order that the Public Works Director could present the Planning Commission with a report concerning sanitary sewage and terminal storm drainage south of East Kettleman Lane in the area of Voelker Drive, Academy Street, Elgin Drive and Valley Drive. 2. Approved the request of Mr. Bill Stemler for. a Variance to permit the erection of a 6 -foot masonry fence in the street side yard (i. e. , 14est Lodi Avenue) and a 4 -foot fence in the front yard area (i, e. , South Sunset Avenue), at 1200 West Lodi Avenue in an area zoned R-2, Single -Family Residential. COMMUNICATIONS RES. PROTESTING Following introduction of the matter by Public EXECUTION OF A Works Director Ronsko and Community Develop - CALIFORNIA LAND ment Director Schroeder, Council, on motion of CONSERVATION Councilman Katnich, Katzakian second, adopted CONTRACT Resolution No. 4281 protesting execution of a California Land Conservation Contract as initiated RES. NO. 4281 byAlbertus M. Warmerdam and Frances A. Warmerdam regarding San Joaquin County Assessor's Parcels Nos. 029-02.0-15 and 029-020-28 through 34, VIRGINIA AVE. ST. A petition was presented for installation of street LT. DISTRICT lights along the 300, 400, 500 and 600 blocks of Virginia Avenue between West Lodi Avenue and West Tokay Street. The City Clerk had examined and :_ hecked the signatures on the petition and had certified that said petition contains signatures of the owners of more than 60% of the property described in the petition. The petitioners waived the -2- Minutes of November 17, 1976, continued VIRGINIA AVE, investigation provided for by the "Special ST. LT, DISTRICT Assessment, Investigation, Limitation and (Continued) Majority Protest Act of 1931" in connection with the installation. Plans and specifications for the proposed district were also presented for Council approval by the City Manager. RES, NO, 4282 On motion of Councilman Ehrhardt, Katzakian second the Council adopted Resolution No. 4282 adopting the plans and specifications for the Virginia Avenue Street Lighting District. RFyS, NO, 4483 On motion of Councilman Ehrhardt, Katzakian second, Council adopted Resolution No. 4283 stating the Council's intention to form the Virginia Avenue Street Lighting District and setting the hearing thereon for Wednesday, December 8, 1976 at 8:00 p.m. CROSSWALKS Councilman Ehrhardt stated that he had re - VIRGINIA AVE, & ceived a suggestion to install pedestrian cross- LODI AVE, walks across West Lodi Avenue at Virginia Avenue because of all the high school students crossing in that location. The Public Works Director stated that the City did not normally install crosswalks at "T" intersections but he would have his staff study the matter and report back to the City Council. LETTER.MAYOR OF Mayor Hughes read a letter from Mayor KOFUI JAPAN RF. Chikayoshi. Kawaguchi of Kofu, Japan which sent SISTER CITY greetings and hoped for good will and understand - RELATIONSHIP ing through the Sister City Program. Enclosed with the letter was art work and writing from students in the intermediate schools. Councilman Katnich stated that he was making arrangements to send art work from Lodi's High Schools to Mayor Kawaguchi and said that he was promoting a teacher exchange between the two cities. REPORTS OF THE In accordance with the reports and recommenda- CITY MANACER tions of the City Manager, the following actions hereby set forth between asterisks were CONSENT approved by Council on motion of Councilman CALENDAR Katnich, Ehrhardt second. CLAIMS Claims were approved in the amount of $194, 8 16. 75. AWARD+HAM LANE Bids for "Ham Lane Median -Arundel Court to MEDIAN-ARUNI)FL Century Boulevard"were presented to the Council CT, TO CENTURY by the City Vianager as follows: BLVD. Bidder Amount RES, NOI 4484 H. Max Lee, Inc. $19, 280. 00 Teichert Construction $22,168.00 -3- AWARD -LANE LINE Bids for the "Lane Line Painting" were presented PAINTING Minutes of November 17, 1976, continued AWARD -HAM LANE Bidder Amount MEDIAN -ARUNDEL, Dimond & Pensotti, Inc. $5,410.78 CT. TO CENTURY The City Manager recommended that award be BLVD, made to the low bidder, H. Max Lee, Inc. RES, NO, 4284 (Copt) RESOLUTION NO. 4284 RESOLUTION AWARDING THE CONTRACT FOR HAM LANE MEDIAN - ARUNDEL COURT TO CENTURY BOULEVARD TO H. MAX LEE, INC., THE LOW BIDDER, IN THE AMOUNT OF $19,Z80.00. AWARD -LANE LINE Bids for the "Lane Line Painting" were presented PAINTING to Council by the City Manager as follows: RES. NO. 4285 Bidder Amount Dimond & Pensotti, Inc. $5,410.78 Safety Striping Service, Inc. $6,490.91 Traffic Limited $7, 112.15 Lane Tech $7,946.56 The City Manager recommended that award be made to the low bidder, Dimond & Pensotti, Inc. RESOLUTION NO. 4285 RESOLUTION AWARDING THE CONTRACT FOR LANE LINE PAINTING TO DIMOND & PENSOTTI, INC., THE LOW BIDDER, IN THE AMOUNT OF $5,410.78. AWARD -CATCH Bids for "Catch Basin Replacement" were pre - BASIN REPLACE- sented to Council by the City Manager as follows. MEN T Bidder Amount RES. NO. 4286 H. Max Lee, Inc. $16,942.00 Teichert Construction $19,897.50 McGaw Company $22,402.00 The City Manager recommended that award be made to the low bidder, H. Max Lee, Inc. RESOLUTION NO. 4286 RESOLUTION AWARDING THE CONTRACT FOR CATCH BASIN REPLACEMENT TO H. MAX LEE, INC., THE LOW BIDDER, IN THE AMOUNT OF $16, 942. 00. AWARD�COMPACT Bids for a compact automobile were presented to AUTOMOBILE- Council by the City Manager as follows: PUBLIC WORKS Bidder Amount RES, NO. 4287 Geweke Ford $3, 92 1.55 The City Manager apprised Council that it had been determined that the above oid was a reason- able bid and recommended that the award be made to Geweke Ford. -4- 86 Minutes of November 17, 1976, continued AWARD -COMPACT RESOLUTION AWARDING THE CONTRACT AU'T'OMOBILE- FOR A COMPACT CAR FOR THE PUBLIC PUBLIC WORKS WORKS DEPARTMENT TO GEWEKE FORD, THE ONLY BIDDER, IN THE AMOUNT OF RES. NO, 4287 $3,921.55. (Continued) ELM STREET Council was apprised that the contract for CURB, GUTTER & "Elm Street Curb, Gutter and Sidewalk Replace - SIDEWALK ment" which was awarded to H. Max Lee, Inc. REPLACEMENT- on September 1, 1976 in the amount of $17, 720. 00 ACCEPTED has been completed in substantial conformance with the plans and specifications approved by the City Council with the final contract price being $17,960.00. COUNCIL ACCEPTED THE IMPROVEMENTS IN "ELM STREET CURB, GUTTER AND SIDEWALK REPLACEMENT" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. VINE STREET STORM Council was apprised that the contract for the DRAIN -700 FEET "Vine Street Storm Drain - 700 Feet East of EAST OF LOWER Lower Sacramento Road" which was awarded to SACRAMENTO RD. Teichert Construction of Stockton on September 1, ACCEPTED 1976 in the amount of $7, 325. 00 has been com- pleted in substantial conformance with the plans and specifications approved by the City Council with the final contract price being $7, 386. 50. COUNCIL ACCEPTED THE IMPROVEMENTS IN "VINE STREET STORM DRAIN -700 FEET EAST OF LOWER SACRAMENTO ROAD" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE, ACCEPTANCE OF Council was apprised that Subdivision Improve- SUNWEST UNIT #I ments in Sunwest Subdivision, Unit # 1 have been completed in substantial conformance with the Rr.S. NO, 488 requirements of the subdivision agreement be- tween the City of Lodi and John F. and Arvilla Y. Capell and Chris R. and La Veta Keszler dated June 24, 1474 and as specifically set forth in the plans and specifications approved by the City Council. The developer has deposited with the City of Lod' $10, 600. 00 to cover the final asphalt concrete surfa•:ing as set forth in the Agreement. The streets to be accepted are as follows: Streets Length in Miles Tilden Drive 0. 18 Cochrar_ Road 0.00 RESOLUTION NO. 4288 RESOLUTION ACCEPTING THE SUBDIVISION IMPROVEMENTS AND STREETS INCLUDED IN TRACT 1028, SUNWEST, UNIT # 1. -5- Minutes cf tic: ember 17, 1976, continued 1 REQUEST TO SUPPORT Mayor Hughes stated chat the Council had ESTABLISHMENT OF''A continued frc m the November 3, 1976 Council ZONE UNDER S. J. CO. meeirg.cea3idera*,ion cf the request of the FLOOD CONTROL AND East San Jcaau:n Water Users Association of WATJER CONSERVATION the San Joaquin County- Bcard ;•f Super•-lsors to create DISTRICT a Conservation Zone under the San Joaquin County Flood Con'rol and Water Conservation V District s:. +ha`, a repro -e tative might be present '.c exrlai- `".c: proposal. Mr. Stewar� C. Adams, Jr., Legal Counsel, North Sar. Jeae z n Water Conservation District, 121 Wesi Pine Street, was present and explained the functic. .f -ht proposed District, what it intends to accc mp..ish, how it will be funded and where the money will be spent. He further explained the importance of the study to both the City and his District and reminded the Council r f the ecyLtinuing fight to obtain all previously promised, water from the Folsom South Canal. RES, NO, 4289 The Council, on motion of Councilman Katnich, Pinkerton .ieccnd, adopted Resolution 4289 urging the creation of Water Conservation Zone No. 1 by the San Jeaqu..n Ccunty Flood Control and Water Conservasicn District. REFUSr& COLLECTION City Manager G_a•;es stated that the Assistant RATES - DISCUSSION City Manage_ zd.Finance Director have been ---Tt r reviewing _he .q6-77 Budget of the Sanitary City Disposal Company and asked the Assistant City Manager to present the report. Assistant City Manager Glenn reviewed the Franchise Agreement and stated that according to the formula for profits for the Company (i. e cost plus 12019 of adjusted assets, plus one and one-half times a di -vision head's salary), Sanitary City Dispoaal Company would be entitled to an add t;.c_nai S-67, 83;.00 in 1976-77 and $30, 344. 00 for 1975-76 cperati.ons. He explained th4t in order to re'.ur_Z the total funds of $ 116, 838. 00 to the Company, ra*.es to all customers must be increased 22. 7,--, Mr. Glenn presented three alter- nates for ra•,e '_greases: (1) raise residential and commercia_* _a -es equally; (2) adopt commercial rates ratee- th_= n have the Company individually bargain ihF,:e rates; and (3) make no change in policy. Mr. Dario De Benedetti, Manager, Sanitary City Disposal Company, '8012. North Cluff Road was present and dis.:ussed this matter with and answered questions of the Council. After a lengthy discussion., Council upon motion of Councilman Katzakia n; Ehrhardt second, continued the discussion of refuse rates until December 8, 19-6 at which =ime the s7aff and a Company repre- sentative are present a study of the Company's -6-. 88 Minutes of November 17, 1976, continued REFUSE COLLECTION commercial rates and the proposal by Mayor RATES - DISCUSSION Hughes to revise the formula to include the (Continued) salary of a department head in addition to a - - division head so as to compensate the Company for added management positions. RECESS Mayor Hughes declared a recess at 10: 16 p, m. The meeting was reconvened at 10:25 p.m. DESIGN STANDARDS FOR Public Works Director Ronsko presented new SUBDIVISIONS AND Design Standards for subdivision and developments DEVELOPMENTS and explained that these had been developed in s cooperation with local contractors, engineering design firms and material suppliers. The major recommended ch4nges made: (1) Require subdivision streets to be paved at the time of developinen#; (Z) Lengthen cul-de-sacs from 400 feet to 500 feet maximum; (3) Increased pavement cross sigpe from Z%q to 2. 5%; (4) Reduced density in apartn7egt zoning for calculation of sewer flows; (5) Provided for alternate types of pipe materials; (6) Increased runoff coefficient for industrial and commercial areas for use in calculating storm flows i and (7) Provided for alternate types of pipe materials for storm drains. RES. NOP 4290 Council on mo#ion of Councilman Ehrhardt, Katzakian second adopted Resolution No. 4290 approving the Design Standards for Subdivisions and Developments dated November 1976. - PROPOSED "BINGO" Mayor Hughes stated that in the June 1976 ORDINANCE Primary Election, the people of the State. of California approved a Ballot measure which legalized Bingo games by non-profit organizations. City Manager Glaves presented a proposed Ordinance allowing Bingo games in the City of Lodi for benefit of charitable organizations. He explained that Sections 1 through 11 spelled out the legal procedures for games in the City Limits and that Sections 12 to the end of the proposed ordi- nance were from State law as enacted by the electorate, Mayor Hughes expressed a number of concerns about the Ordinance and stated he felt things should be left as they are. Council, on motion of Councilman Pinkerton, Ehrhardt second, tabled the proposed "Bingo" Ordinance, RETAIN CONSULTANT The City Manager recommended that the City LODI LAKE WILDERNF.S$ retain Morris-Wpnell Associates, Architects, and AREA Resources Ecology Associates which will form a joint venture known as Environmental Recreation Associates to prepare plans and specifications for certain construction work in the Lodi Lake Wilder- ness Area and a management play, for the area for the amount of $10, 924.00. -7- 8� Minutes of November 17, 1976, continued RETAIN CONSU4TANT After discussion, .Council on motion of LODI LAKE WILDERNESS Councilman Katnich, Katzakian second, AREA (Continued) approyed retaining, Environmental Recreation Associates to prepare plans and specifications for certain construction work in the Lodi Lake Wilderness Area and a Wilderness management plan for tho,area. _SPECS APPROVED 30 IN, Following introduction of the matter by City ;TORM DRAIN- RIVERGATZ Manager Glaves, on motion of Councilman ;U13DIVISiON v j Katzakian, Katnich second, Council approved plans and specifications for a 30 -inch storm drain in the Rive rgate- Mokelumne Subdivision and authorized the Purchasing Agent to advertise for bids thereon. JOB SPECS - SEWER Following introduction of the matter by the City PLANT OPR, AND S&WF,R Manager and further explanation by the Public PLANT OPR, IN TRAINING Works Director, on motion of Councilman Katzakian, Ehrhardt second, Council approved the job specifications for Sewer Plant Operator SPECS APPROVED- 1 -TON and Sewer Plant Operator in Training. AMEND LABOR RELATIONS City Manager Glaves explained that the present RES.-MANAGEMENVT Resolution implementing the "Meyers -Milias- EMPLOY .EES Brown Act" makes no provision for recognizing or designating Management Employees in the classified service. He stated that after consult- ing with the employee's labor groups and obtain- ing favorable recommendation from the City's Labor Attorney, Mr. Richard Whitmore, it is recommended that Resolution 3312 implementing the "Meyers-Miilias-Brown Act" be rescinded and a new resolution encompassing Resolution 3312 and the following Section 10(C) be adopted: "The Employee Relations Officer shall, after notice to and consultation with affected employee grganizations, allocate new classifications or positions; delineate eliminated classifications or positions; designate management and confidential employees; and retain, reallocate or delete modi- fied classifications and positions for units in accordance with the provisions of this section". RES, N04 4291 On motion of Councilman Pinkerton, Ehrhardt second, Council adopted Resolution No. 4291 which rescinds Resolution No. 3312 and encom- passes the above paragraph as well as all other data included irl Resolution No. 3312. SPECS APPROVED- 1 -TON Specifications for a One Ton Truck for the Public `RUCK-PU13LIC WORKS Works Department were presented to the Council EPTt _, for its perusal, On motion of Councilman Katnich, Ehrhardt second, Council approved the plans and specification's for a one -ton truck for the Public Works Department and authorized the Purchasing Agent to advertise foz bids thereon. 90 Minutes of November 17, 1976, continued FLORA ST, ST, LIGHT. At thg Council meeting of November 3, 1976; DISTRICT -REPORT Mr, W, G. Koehler indicated to the Council that the Flora Street Street Lighting District caused him the following concerns: (1) the amount of Lighting on the street; (2) the conduit not having a typical location and (3) the turf replacement being substandard. The City Manager presented a report from the P14blic Works Director which explained the reason for meandering conduit; stated the lighting district met established lighting standards and indicated that additional emphasis would be placed on turf replacement. Council thanked Mr. Ronsko for his thorough study and report on this matter. CURBSIDE MAIL The City Manager presented a report from the DELIVERY Community Development Director which indicated that Mr. James Huber, Lodi Postmaster, had informed the City that effective immediately, mail service to new residences will be provided at curb - line rather than at the back of the sidewalk. The Public Works Director presented a drawing which showed that under this requirement, mail- boxes in Lodi would be placed within the sidewalk area. He stated that he would not issue encroach- ment permits for mailboxes in the sidewalk unless so directed by the Council. Councilman Katzakian stated that the staff report contained the same information that his Company and other firms had received from the Post Office, He also reviewed the last four years in which the Postal Service has either changed the location or number of mailboxes per pole on three different occasions. On motion of Councilman Ehrhardt, Katzakian second, the Council authorized the Mayor to direct a letter to the Postmaster General and other regional postal authorities stating the City's objec- tion to the requirement of residential curbside mail delivery and asking to be released from this re- quirement because of local conditions. MANDATED FIRE The City Manager presented a report from the MANNING STANDARDS Fire Chief which indicated that the State of .`- California, Assembly Select Committee on Fire Service was conducting a public hearing on November 19, 1976 in Los Angeles to consider establishing legislation for manning requirements for the Fire Services in the State of California. The report recommended that the City Council go on record as opposing any mandated manning level for fire suppression crews or fire apparatus, and further, that the level of Fire protection provided to the taxpayers of any agency, is the responsibility of those taxpayers through their local elected officials. -9- Minutes of November 17, 1976, cont hued 9-1 MANDATED FIRE On motion of Councilman Ehrhardt, Katzakian MANNING STANDARDS second, Council instructed the Fire Chief to (Continued) oppose, on behalf of the City, any legislation f mandating fire manning standards and, if., appropriate, appear before the Assembly Select Committee on Fire Service and present the City's position. AB 3 lZ I Councilman Ehrhardt reported on AB 312 1 which becomes law January 1, I977 which bill does not permit the arrest of juvenile offenders. He asked Mayor Hughes to write to the PP±esident of the League of California Cities and tc the City's State Senator and Assemblyman urging the repeal of the legislation. CAC REPRESENTATIVE, Mayor Hughes appointed Councilman Katzakian as the City's representative on the Community Action Council replacing Assistant Planner Gregory C. Freitas who had resigned. ADJOURNMENT There being no further business, at approximately 11;50 p.m. Mayor Hughes adjourned the meeting on motion of Councilman Katnich, Ehrhardt second. Attest: J MES B. S�HROEDER eputy City Clerk -10-