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HomeMy WebLinkAboutMinutes - April 23, 1980114 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 23, 1980 An adourned regular meeting of the City Council of the City of Lodi was held beginning at 7:30 p.m., Wednesday, April 23, 1980 in the City Hall Council Chambers. ROLL CALL Present: Councilmen Hughes, (arrived 8:00 p.m.),�_._ McCarty, Murphy (arrived 7:50 p.m.), Pinkerton, and Katnich (Mayor) 4. Approved the request of Baumbach and Piazza, Consulting Engineers, on behalf of Mr. Robert Griffin for the ao_orova' of the Tentative Subdivision. Mao_ of Griffin Industrial Park, a 19.56 acre, 14 -lot industrial tract located on the south side of East Pine Street, west of the future extension of Myrtle Street in an area zoned M-2, Heavy Industrial. Absent: Councilmen - None Also present were: City Manager Glaves, Assistant City Manager Glenn, City Attorney Stein, and City Clerk Reimche PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of April 14, 1980 - The Planning Commission - ITEMS OF 1. Amended City Planning Commission Resolution No. INTEREST 1 which establishes permitted and conditional uses in the C-1, Neighborhood Commercial District and - C-2, General Commercial District by adding mini - storage as a use permitted with a Use Permit in the C-2 District. 2. Approved the consent calendar which included: a. the request of Morris and Wene'_l, Architects for the aDDroval of the Tentative Subdivision Map for the Pleasant Avenue Office Condominiums (i.e. 218 and 222 West Lockeford Street) in an: area zoned C-2, General Commercial; b. the request of Baumbach and Piazza, Consulting Engineers, on behalf of Mr. A. L. Lind for a Tentative Parcel Map to create three lots from the existing parcels at 115 East Pine Street and 21 North Stockton Street in an area zoned C-2, General Commerical; C. the request of Baumbach and Piazza, Consulting Engineers, on behalf of Lodi Memorial HOSDital and Fairmont Medical Center for a Tentative Parcel Map to create a 1.27 acre lot at the south- east corner of South Ham Lane and West vine Street in an area zoned R -C -P, Residential -Commercial - Professional; 3. Approved the request of Mr. L. R. Davey, Civil r Engineer, on behalf of Mr. Frank Alegre and Mr. David Vaccarezza, c/o Sanitary City Disposal Company for a Tentative Parcel Map to divide the parcel at 1004 North Cluff Road into Parcel "A" containing 4.91 gross acres in an area zoned M-2, Heavy Indus- trial. 4. Approved the request of Baumbach and Piazza, Consulting Engineers, on behalf of Mr. Robert Griffin for the ao_orova' of the Tentative Subdivision. Mao_ of Griffin Industrial Park, a 19.56 acre, 14 -lot industrial tract located on the south side of East Pine Street, west of the future extension of Myrtle Street in an area zoned M-2, Heavy Industrial. lit Aril 23, 1980 continued 5. Approved the request of Mr. Weldon Moss for a Use Permit for mini -storage units on a 3.86 acre parcel at 450 North Cherokee Lane in an area zoned C-2, General Commercial. 6. Recommended approval of action initiated by the San Joaquin County Planning Commission to rezone the area generally bounded by Woodbridge Road on the north, City of Lodi and Town of Woodbridge on the east, State Route 12 (i.e. Kettleman Lane) on the south, and Interstate 5 on the west from I -PA, CA -1, GA -5 and GA -10 to GA -10, GA -20. GA -40 and/or GA -80 and to enlarge Agricultural Preserve R -69-C1. COMMUNICATIONS Council was apprised that Virginia B. Word has negotiated a sale of her leasehold interest in the LODI GOLF RANGE Lodi Golf Range to Mr. and Mrs. Bob J. Gasaway, sub - LEASEHOLD ASSIGN- ject to aoproval of assignment by the City of Lodi. MENT APPROVED On recommendation of the City Manager, Council took 1� the following action: On motion of Councilman Pinkerton, McCarty second, `r Council approved the assignment and consent of the Lodi Golf Range leasehold from Virginia B. Word to J Bob and Doris Gasaway effective 4/6/80 and authorized the City Manager to execute the document on behalf of the City. City Clerk Reimche presented a letter which had been received from John D. Pettine, P. E. , Deputy District Director Transportation Planning, State of California acknowledging receipt of the City of Lodi Resolution No. 80-42 that concerned the Mokelumne River Bridge (North -bound) on State Route 99. LETTER RE CITY'S Mr. Pettine's letter further stated that since the RESOLUTION RE resolution concerns a competitive project for the MOKELUMNE RIVER State Transportation Improvement Program, they have BRIDGE forwarded a copy of the resolution to the Caltrans Deputy Director for Planning and Programming. % City Clerk Reimche presented the following application ABC LICENSE for Alcoholic Beverage License issued to John Lewis - Ruby, Delmona Pauline Ruby and the Southland Corpor- ation - applicants for the 7 -Eleven Store, 201-B West Lodi Avenue, Lodi. CLAIMS City Clerk Reimche presented the following Claims received by the City of Lodi, advising that it is the recommendation to R. L. Kautz and Company, the City's Contract Administrator, and the City Attorney that the Claims be denied: a) Carl Healton and Gerald Giddens vs. City of Lodi - Loss Date - January 3, 1980. b) David Wright vs. City of Lodi - Loss Date - February 13, 1980 On motion of Councilman Pinkerton, Katnich second, the heretofore listed claims were rejected and referred to R. L. Kautz and Company, the City's Contract Administrator. Mayor Katnich addressed the Council regarding FORGOTTEEN "Forgotten Victims' Week" and stressed the fact VICTIMS WEEt that over and over again victims are left with their memories and traumas, while the perpetrator of the crimes receive reduced sentences etc. 116 April 23, 1980 continued Elevator 69 - One Bedroom 70 1 - Two 3ebroom _'. letter further states that "vursuant to Section 213 (a) of the Housing and Community Development Act of 1974, 'your' unit of government has the opportunity to object to our approval of any application on the grounds that the application is inconsistent with your Local Housing Assistance Plans as approved by HUD for your jurisdiction." The review criteria to be considered by your unit of government are outlined in Subpart 3, Applications -or rousing Assistance in Areas With rousing Assis- tance Plans, of the regulations in 24 CFR Part 891, Review of Applications for Housing Assistance, published in the Federal Register. The City of Lodi is required to submit any objection by our unit of government based on these grounds no later than 30 days after the date of this letter. If our unit of government does not intend to object, we are to notify the Department of Housing and Urban L'evelopment as soon as possible so that the Department of Housing and Urban Development can expedite the completion of their review. COUNCIL SUPPORTS The letter is concluded with the statement that "any PROPOSAL TO other comments that our unit of government might DEVELOP HOUSING have which are relevant to their determination FOR ELDERLY AND/ concerning approval of this application for the OR HANDICAPPED housing assistance (e.g., site related comments; whether the proposed project is approvable under local codes and zoning ordinances) would be appreciated." The following persons were in the audience and addressed the Council in support of the application. a) Mr. William G. Holz, President of the Loe l Foundation b) Mr. 2ozant Katza..<ian, 503 W. Pine Street, Lodi Following introduction of the matter by Councilman Pinkerton and Councilman McCarty, Council discussed _ransit Assistance Funds, whica according to the County Council of Governments will soon be avail- able. Concern was expressed as to the strings that may be attached to these funds. TRANSIT It was requested that the Public Works Director be ASSISTING contacted for a report concerning Transit Assistance FUND -_'1G .- Funding, including the restrictions included with this type of funding etc. REPORTS OF TFE CITY MANAGER City :tanager Glaves presented a letter which had been received from Michael P. Kulick, Service Office Supervisor for the United States Department of -ousing and Urban Development advising that they have received and are considering an Application to develov housing for the elderly and/or andicapped in "our" jurisdiction under the Section 202 Program -or Housing for the Elderly and Handicapped. The proposal numbered CA30-T801-009 and consists of 70 units to be located at 216 E. Oak Street in Lodi and would include the following units: BUILD?^TG TYPE ELDERLY, HANDICAPPED TOTAL OR DISABLED DWELL T_NG UNTITS Elevator 69 - One Bedroom 70 1 - Two 3ebroom _'. letter further states that "vursuant to Section 213 (a) of the Housing and Community Development Act of 1974, 'your' unit of government has the opportunity to object to our approval of any application on the grounds that the application is inconsistent with your Local Housing Assistance Plans as approved by HUD for your jurisdiction." The review criteria to be considered by your unit of government are outlined in Subpart 3, Applications -or rousing Assistance in Areas With rousing Assis- tance Plans, of the regulations in 24 CFR Part 891, Review of Applications for Housing Assistance, published in the Federal Register. The City of Lodi is required to submit any objection by our unit of government based on these grounds no later than 30 days after the date of this letter. If our unit of government does not intend to object, we are to notify the Department of Housing and Urban L'evelopment as soon as possible so that the Department of Housing and Urban Development can expedite the completion of their review. COUNCIL SUPPORTS The letter is concluded with the statement that "any PROPOSAL TO other comments that our unit of government might DEVELOP HOUSING have which are relevant to their determination FOR ELDERLY AND/ concerning approval of this application for the OR HANDICAPPED housing assistance (e.g., site related comments; whether the proposed project is approvable under local codes and zoning ordinances) would be appreciated." The following persons were in the audience and addressed the Council in support of the application. a) Mr. William G. Holz, President of the Loe l Foundation b) Mr. 2ozant Katza..<ian, 503 W. Pine Street, Lodi 1.i7 April 23, 1983 continued Following Council discussion with questions being directed to Mr. Holz, on motion of Councilman Pinkerton, McCarty second, Council enthusiastically endorsed the proposed project to develop housing for the elderly and/or handicapped in Lodi under Section 202 Program for Housing for the Elderly and Handicapped The proposal consists of 70 units to be located at 216 East Oak Street, Lodi. Further, the City Clerk was directed to forward a letter confirming the Council's action in this matter to the Department of Housing and Urban Development. City Manager Glaves advised the -Council that a letter had been received from Super Pull, Tnc., requesting the use of the stadium for a modified tractor and four wheel drive pulling event. According to the promoters, this would be part of a world championship series which will culminate at the Cow Palace. They are proposing that the event take place on May 31 and June 1, 1980 with each event lasting approximately two and one half to three hours. Highlights of the proposal were presented by City Manager Glaves who then responded to questions regarding the subject as were posed by Council. Mr. Ron 'Whitehead a representative of Super Pull, Inc. addressed the Council regarding the proposal and also responded to questions as were posed by Council and Staff. COUNCIL APPROVES On motion of Councilman Pinkerton, Murphy second, USE OF STADIUM Council approved the proposal for the use of the FOR SUPER PULL Stadium for a Super Pull event to be held May 31 EVENT and June 1, 1980 and directed the City Attorney to draw up the necessary agreement. City Manager Glaves introduced Agenda item "b" - j "ADDrove Amended and Restated Member Agreement for Construction, Operation, and Financing of NCPA Geothermal Generating, Unit T2 Project," highlighting the various provisions of the subject Agreement. A very lengthy discussion followed with questions regarding the subject being directed to Staff and to the City Attorney. AMENDED AND City Attorney Stein was directed to correspond with RESTATED MEMBER the law offices of McDonough, Holland, Schwartz AGREEMENT FOR et al to confirm that under the subject agreement CONSTRUCTION that a particular member could, pursuant to para - OPE RATT_ON AND graph 6 (Page 14) and Paragraph 6 (i), lease to a FIP1^NC i i,:G OF *:CPA public utility its electric distribution system and GEOTHERMAL GENER- assign to said public utility its participative ATING UNIT #2 share of the power for the benefit of its (city's) PROJECT customers without following the procedures set forth in 6 (a) through (h); and further, that the City RES. NO. 80-62 could lease out the system to a public utility without going through the procedure set forth in Section 6 (i), (1) and (2), since Section 6 (i) does J not prohibit the leasing of the electrical distri- bution system (leasing is not transferring of owner- S.^._p) . ELECTRIC SUPPLY Following additional discussion, on motion of PROJEC_ CAPACITY Councilman Pinkerton., McCarty second, Council AGREEMENT SHELL adopted _Resolution No. 80-62 approving the .=mended PROJECT and Restated Member Agreement for Construction APPROVED Operation and Financing of DIC?A Geothermal Generating RES. NO. 8C-61 Uni_ No. 2 Project, and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. 118 April 23, 1980 continued City Manager Glaves introduced Agenda item "a" - "pprove Electric Supply Project Capacity Agreement Shell Project," highlighting the provisions of the subject agreement and responding to cues ions regarding the matters as were posed by Council. A lengthy Council discussion followed with questions being directed to Staff and to the City A.=torney. EL=_RIC SUPPLY On motion of Councilman Pinkerton, Hughes second, PROJECT CAPACITY Council adopted Resolution No. 80-61 ap_roving the AGREEMENT - SHELL Electric Supply Project Capacity Agreement - Shell PROJECT APPROVED Project and authorizing the Mayor and Ci --y Clerk to execute the Agreement on behalf of the Citv. RES. NO. 80-61 A request to transfer funds from the Utility Outlay Fund to fund the under -funded NCPA budget as follows was presented by City Manager Glaves: P.G. & E. Interconnection Agreement, `dCPA Members Service Agreement, Stanislaus nuclear Protect and Eelms Creek Project 5=0,000 TRANSFER OF FUNDS FROM Case E7777 (Incl. carry-over fron 1978-7935,000 UTILITY OUTLAY FUND TO FUND P.G. & E. wholesale rate case (1980) 26,000 UNDER -FUNDED NCPA BUDGET Calaveras Project 20,000 APPROVED Alternate resource investment 10,000 Power supply and operations planning (dispatch) 9,000 140,000 City Manager Glaves highlighted each segment of the request. Again, a very lengthy discussion followed with questions being directed to the City Manager regarding the request. On motion of Councilman Hughes, McCarty second, Council approved a Special Allocation in the amt. of $140,000 to cover NCPA Assessments over and above previously City budgeted amounts, as hereto- fore set forth. (Which funds are to be transferred from the Utility Outlay Fund to the under -funded NCPA budget.) ORDINANCES ORD. .0. '-196 Ordinance No. 1196, entitled, "An Ordinance ADOPTIFG "UNIFORM Adopting the "Uniform Fire Code," 1979 Edition, FINE CODE," 1979 and the appendixes thereto, which code provides EDITION: regulations governing the conditions hazardous to life and property from fire or explosion; repealing ADOPTED Section 10-1 of the code of the City of Lodi and all other Ordinances and Darts of Ordinances in conflict therewith." having been introduced at an =adjourned regular meeting held April 15, 1980, was brought uD for passage on *notion of Councilman Pinkerton, Murphy second. Second reading was omitted after reading by title and the Ordinance was then adopted and ordered to Drint by the following vote: Ayes: Councilmen - Hughes, McCarty, Murphy Pinkerton, and {atnich .foes: Councilmen - None Absent: Councilmen - ',.'one k, 119 April 23, 1980 cont_nued Ordinance No. 1197, entitled, "An Ordinance Adopting the 'Uniform. Building Code,' 1979 Edition, and the Secondary Code Referred to Therein, namely the "Uniform ORD. ';0. 1197 Building Code Standards," 1979 Edition, which codes ADOPTI':C "U: IFORM regulate the design, construction, quality of materials BU=LDI`iG CODE", use and Occupancy, Location and Maintenance of 1979 EDI-_IO?•I 3uildings or Structures in the City of Lodi, providing ADOPTED for the Issuance of Permits and Collection of fees Therefor, providing penalties for the Violations therec Repealing Section 5.1, 5.2, 5.4, 5.5, 5.5 and 5.7 inclu sive of the Code of the City of Lodi, and all other Ordinances and parts of Ordinances in conflict there -,lit having been introduced at an adjourned regular meeting held April 15, 1980 was brought up for passage on motion of Councilman Pinkerton, Murphy second. Second reading was omitted after reading by title and the Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, McCarty, Murphy, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1199, entitled, "An Ordnance Adopting the 'Uniform Plumbing Code,' 1979 Edition, Providing OP.D. NO. 1198 For the Establishing of Minimum Regulations for the ADOPTI`iG "UNIFORM Installation, Alteration or Repair of Plumbing and PLUMBI'.^_- CODE," Drainage Systems and the inspection thereof; Providing 1979 E^T IG'i Penalties for the Violations Thereof; and Repealing Sections 18.1, 18.2, 18.3, 18.4 and 18.5 inclusive ADOPTED of the Code of the City of Lodi and All Other Ordinance and Parts of Ordinances in Conflict Therewith," having been introduced at an adjourned regular meeting held ✓l April 15, 1980 was brought up for passage on motion of Councilman Pinkerton, Murphy second. Second reading was omitted after reading by title, and the Ordinance was then adopted and ordered to print by the folloiwng vote: Ayes: Councilmen - Hughes, McCarty, Murphy, Pinkerton and Katnich ?Moes: Councilmen - None Absent: Councilmen - None Ordinance No. 1199 entitled, "An Ordinance Adopting the 'Uniform Mechanical Code' 1979 Edition, which ORD. ?iC. 1199 code provides Regulations Controlling the Design, ADOPT -_`-G "U`:IFORM Construction, Installation, Quality of Materials, MEGAN.CAL COD£," Location, Operation, and Maintenance of Heating, Ventil• 1979 rr.7710': ating, Comfort Cooling, Refrigeration Systems, Incin- erators and Other Heat Producing Appliances in the ADOPTED City of Lodi, providing for the Issuance of Permits and Collection of fees therefor; providing penalties for the Violations Thereof; and Repealing Sections 13A-1, _ - 13A-2 and 13A-3 inclusive of the Code of the City of Lodi, and all other Ordinances and Parts of Ordinances in Conflict Therewith" having been introduced at an adjourned regular meeting held April 15, 1980 was brought up for passage on motion of Councilman Pinkertoi Murphy second. Second reading was omitted after readinf by title, and the Ordinance was then adopted and orderer to print by the following vote. Ayes: Councilmen - ?ughes, McCarty, Murphy Pinkerton and Katnich "Toes : Councilmen - Mone Absent: Co,-ncilmen - `Mone 100 rpril 23, 1980 continued Ordinance No. 1200 entitled, "An Ordinance adopting the 'Uniform Housing Code', 1979 Edition, which code provides for the Minimum Requirements for the ORD. NO. 1200 Protection of Life, Limb, Health, Property, Safety ADOPTING "UNIFORM and Welfare of the General Public and the Owners HOUSING CODE," and Occupants of Residential Buildings; Providing 1979 EDITION Penalties for Violation Thereof; Repealing Sections 11A-1 through 11A-3 inclusive of the code of the ADOPTED City of Lodi and all other Ordinances and Parts of Ordinances in Conflict Therewith," having been introduced at an adjourned regular meeting held April 15, 1980, was brought up for passage on motion of Councilman Pinkerton, Murphy -second. Second reading was omitted after reading by title and the Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmen. - Hughes, McCarty, Murphy Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1201 entitled, "An Ordinance Adopting the "Uniform Code for the Abatement of Dangerous Buildings," 1979 Edition, which code provides regu- ORD. NO. 1201 lations for the Repair, Vacation, and Demolition ADOPTING THE of Buildings or Structures Endangering the Life, UNIF0RM CODE FOR Limb, Health, Property, Safety and Welfare of the THE ABATEMENT OF General Public and Their Occupants; Providing Pro - DANGEROUS BUILD- cedures and Penalties for the Violation Thereof; INGS," 1979 Revealing Section 5-50 through 5-52 inclusive of ED=IODi the code of the City of Lodi, and all other Ordinances and parts of Ordinances in Conflict Therewith," ADOPTED having been introduced at an adjourned regular - meeting held April 15, 1980 was brought up for passage on motion of Councilman Pinkerton, Murphy second. Second reading was omitted after reading by title, and the Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, McCarty, Murphy Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None COUP•iCILMAN Mayor Katnich appointed Councilman Pinkerton to PINIKEERTON serve on a Committee to develop a procedure for A?POINTED TO sharing of property tax revenues and appropriation SERVE ON COM.M.ITTEElimits with the County of San Joaquin upon the RE SHARING OF annexation of unincorporated areas into cities PPCPERTv TAX within the County. REVE`lUES , ETC. UPON COMPLETION OF v ANNEXATIONS 1N77CRMATI011 Information concerning the NCPA Calaveras Project PRESE`iTED RE was presented by Councilman Hughes. Discussion NCPA CALAVERAS followed with questions regarding the subject being PROJECT directed to Councilman Hughes and Staff. There being no further business to come before ADJOURNME"dT the Council, Mayor Catnich adjourned the meeting at approximately 9:20 p.m. Attest: ?:LICE M. REIMCLiE CITY CLERK