HomeMy WebLinkAboutMinutes - May 3, 1978L••
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
MAY 3, 1978
A regular meeting of the City Council of -the City of Lodi wa7 held
beginning at 8:00 p.m., Wednesday, May 8 in the Ci -Ly Hall
Council Chambers.
ROLL CALL Present: Councilmen - Hughes, Katnich,
Katzakiar_, McCarty and
Pinkerton (Mayor)
Absent: Councilmen - None
Als o
Present: City Manager Glaves, Assistant
City Manager Glenn, Community
Development Director Schroeder,
Public Works Director Ronsko,
and City Clerk Reimche.
INVOCATION The invocation was given by Reverend Rod
Greenfield, Vir_ewood Community Church.
PLEDGE Mayor Pinkerton led the Pledge of Allegiance
to the flag.
PLANNING COMMISSION The City Manager gave the following report
` of the Planning Commission meeting of
March 27, 1978:
The Planning Commission -
SCENIC HIGHWAY Determined and recommended to the City
ELEMENT FOR Council that the City of Lodi has no need for
GENERAL PLAN a Scenic Highway Element to its General Plan
pursuant to the provisions of Section 65302(h)
of the Government Code of the State of
California, On notion of Councilman Katnich,
Katzakian second, the matter was set for
Public Hearing on May 17, 1978.
The City Manager gave the following report of
the Planning Commission meeting of April 24,
1978:
The Planning Commission -
AMENDMENTS TO Recommended arnendme: is to the C -P,
C -P DISTRICT Commercial -Professional District.
On motion of Councilman Katnich, Katzakian
second, the matter was set for Public Hearing
on May 17, 1x78.
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(Note. For Pages 2 to 8 of May 3, 1978 Minutes
see Minutes Book Volume 171
NOTE: FOR PAGE 1 OF THE MAY 3, 1978 MINUTES, SEE
MINUTES BOOK VOLUME 16.
Minutes of :ala-; ' , "-c78, n%�e t!
PLANNING COMMISSION
(Continued)
ITEMS OF INTEREST The Planning
1. Con di.io:-a'_ly --'rFrc-lea t.„ re -quest of Mr.
Gary Koeppl = ar.3 1_. Mil o: Takahashi
£or a Ute Fe --- mit tc e ;abii_h an automo-
bile bony, fender a_ Fant shop at 500
East Ke>t°eman Lane in a-_ area zoned C-2,
r General Commerciai.
2. Directed the _,tax`f to meet ..th the appli-
cant's rep-esenta`iVe and work out a solu-
tion :;o :ne request of Mrs. Imelda Burke
I
or a Variance to _educe. the required lot
width from 165 feet tc 20 feet, and required
40 £oe:accessway to two flag lots to Z5 feet
to permit the creation of a second flag lot
to the rear of 340 South Lower Sacramento
Road in an area zoned R-1, Single -Family
Residential.
COMMUNICATIONS
CITY OF LODI CONCERNS A statement was presented by Mayor Pinkerton
RE GENERAL PLAN apprising the citizens of Lodi of a serious prob-
S la lem affecting the economic growth and climate
- of the City of Lodi. The State of California man-
dates to local Governments, the preparation of
General Fla .s for the growth and development of
the City. This plan is to be used by the City
Council and administrators as a reference and
guideline in setting local policies, however,
Mayor Pinkerton apprised that the present admin-
istration in Sacramento has usurped its authorities
by setti=ng forth guidelines and mandating that cities
not only follow those guidelines but have an imple-
mentation plan included. Then, and only then, will
the State give its approval to that General Plan.
Mayor Pinkerton stated that he does not quarrel
with the concept of a General Plan as a tool for
local administrators, brit to have the State deter-
mine what is acceptable is an esosio : of local con -
trot.
Mayor Pinkerton further stated that the City of
Lodi has endea-vored to comply with these State -
mandated programs within `:our" budgetary limits
and that the City now finda that because it has not
completed certain sections of the City's General
Plan, Lodi is being in-;-estigated by the State
Attorney General and Grand Jury and that the City
runs the risk of being i. violation of the law if
Council aPPrc-ves subdivision=or grants zoning
changes until this Flan is completed.
Further, Mayor Pin kertcn z::ated that upon advice
of the City Attorney, the Co nzil declared a mora-
torium on all zoning charges and filing of tentative
and final maps until the City recei-res an extension
of the time _.units to file the unfinished elements.
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.LL
CITY OF LODI
CONCERNS RE
GENERAL PLAN
(Continued)
PUBLIC NUISANCE
ABATEMENT INITIATIVE
CLAIM F�
ABC LICENSE
PUC APPLICATIONS
Minutes of May 3, 1978, cortin%ped
Mayor Pinkerton stated that _here are presently
17 separate construction pro eats which are be-
ing affected t} :his moratc:iwrn.
Mayor Pin-ke_te : further advised that the City
Council has u;rFcted the Ci:y Ma._sger to make
the completion of the General Plan_ the number
one priority of the Planning Depar:rnent.
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In conclusion, n, the Mayor stated that he wouid ; I
introduce a Resolution outlining ali of the other
things that impacted -zpo n the City's not meeting
the mandated tirne-tabes and urged his fellow
Councilme~ to approve�is proposed resolution_
lifting the mo_atorium.
The City Clerk presented a letter which had
been received from James J. Clancy, Attorney -
at -Law, requesting support on an initiative mea-
sure which has been prepared and is being cir-
culated in an effort to place amending legislation
on the ballot which will increase the effectiveness
of public nuisance abatement laws involving porno-
graphic films, massage parlors, etc.
City Clerk Reimche presented a Claim filed on
behalf of Bill Chase for vehicular damage.
On motion of Mayor Pro Tempore Katzakian,
Hughes second, Council rejected the Claim and
referred it to the City Contract Administrator. i
The City Clerk presented the following application
for Alcoholic Beverage Licer_se:
a) Leonard L. Book, dba Len's Texaco Service,
801 E. Kettieman Lane, Lodi, new license, Off
Sale Beer and Wire.
The following correspondence pertaining to
California Public Utilities Ccmmission applica-
tions was presented for Council's perusal:
a) Notice of Greyhound Lines, Inc. Application
57966 with California PUC, Greyhound Lines, Inc.
which requested approval or a proposal to increase
its passenger bus fares and package express rates
3% in order to recover increased wage costs.
b) Before the PUC - Decision No. 88651, Case
No. 9988 Phase II, Investigation on Commission's
own motion into the determination of a lifeline j
volume of gas and a lifeline quantity of electricity j 1
and into gas a= d electric utility rate structures and
the changes, if any, that should be made in presently
constituted rate structures to provide a lifeline
quantity of energy to the average residential user for
specified end uses.
c) Application No. 57978 of Pacific Gas & Electric
Co. giving Notice that in Application 57978 it has
requested authorization to revise its gas rates and
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Minutes or May 3, 1978, continuer
tariffs _ceder tFe Gas Cost Ad;-ustment Clause,
PUC APPLICATIONS to charge gas rate design, and to =nodify the
{Continued} Gas Coe: Ba:ance Accoun-to ref'ec•s carrying
costs of gas :.__ storage.
REPORTS OF THE .
CITY:MANAGER
CONSENT CAI;ENDAR In accordance with report a recommendation
of the City Manager, the actions here-
by set for!, -1: between asterisks, on motion of
Councilman Katnich, Katzakia . second, were
approved by Council.
CLAIMS Gam. �t� CLAIMS WERE APPROVED IN THE AMOUNT
OF $1, 400, 653. 45.
ACCEPTANCE OF COUNCIL ACCEPTED THE IMPROVEMENTS IN
"LOCUST ST. & "LOCUST STREET STORM DRAIN, CHURCH TO
SACRAMENTO ST. SACRAMENTO; SACRAMENTO STREET STORM
STORM DRAIN" DRAIN, LOCUST STREET TO ALLEY NORTH;"
_�. /,y ('% AND DIRECTED THE PUBLIC WORKS DIRECTOR
TO FILE A NOTICE OF COMPLETION WITH THE
COUNTY- RECORDER'S OFFICE.
ACCEPTANCE OF "CATCH COUNCIL ACCEPTED THE IMPROVEMENTS IN
BASIN REPLACEMENT" "CATCH BASIN REPLACEMENT, TAMARACK
AND CHURCH, LOCUST AND CENTRAL,
HILBORIN AND WASHINGTON, LOCUST &
STOCKTON", AND DIRECTED TIHE PUBLIC
WORKS DIRECTOR TO FILE A NOTICE OF
COMPLETION WITH THE COUNTY RECORDER'S
OFFICE.
ACCEPTANCE OF WELL COUNCIL ACCEPTED THE IMPROVEMENTS IN
4 AND.WELL 7 PUMPS "WELL 4 AND WELL 7 PUMPS" AND DIRECTED
THE PUBLIC WORKS DIRECTOR TO FILE A
d- NOTICE OF COMPLETION WITH THE COUNTY
RECORDER'S OFFICE.
AWARD-WATER/SEWER
City Manager Gla -,es presented the following bids
SERVICE MAINTENANCE
which had been received for a Water/Sewer
TRUCK
Service Ma:n:emance Truck:
BID A BID B
RES. NO. 78-44
BIDDER Gasoline Engine 'Diesel Engine
-
Geweke Ford $42,884.20 $48,184.35
International $44,343.91 $49,481.63
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Following the recommendation of the City Manager,
Council adopted the following Resolution:
RESOLUTION NO. 78-44
RESOLUTION AWARDING THE CONTRACT FOR A
WATER/SEWER SERVICE MAINTENANCE TRUCK
FOR WHITE: SLOUGH TO GEWEKE FORD IN THE
AMOUNT OF $48, 184.35.
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Minutes of May 3, 1978, continue_
PLANS AND SPECS FOR The plans and zpecifir_atiors for Almond Drive
ALMOND DRIVE STORM Storm Drain were presented fol Council's
DRAIN APPROVED scrutiny. Cou.-ci1 •aras app_isee. that in general
the works cc_nsists of furnishing and installing
approximately 2, CM :_-ea-1 fre`. of 10 -inch
asbestos <.eme__4 pipe, reialc, ce3 co,_crete pipe,
or cast -i -place conc_ese pipe,
COUNCIL APPROVED THE PLANS AND SPECI-
FICATIO.NTS FOR "ALMOND DRIVE STORM
DRAIN, STOCKTON STREET TO CHEROKEE
LANE" AND AU'T'HORIZED THE CITY CLERK TO
ADVERTISE FOR BIDS THEREON.
City Manager Glaves p_esen"_ed an agreement with
RENEWAL OF Cooperative Pe-so.r_el Services of the State
COOPERATIVE Personnel Boazd. overing z three year period for
PERSONNEL SERVICES Council approval. Council :was apprised that the
AGREEMENT APPRVD. Cooperative Perso-mel Serer;ice& provides various
persomiei services to local governments of the
RES. NO. 78-45 State on a won -profit basis. The City has utilized
the services for many years. The contract does
not obligate the City to any co=ts, but does provide
the conditions of their service when ordered by the
City.
RESOLUTION NO. 78-45
COUNCIL ADOPTED RESOLUTION NO. 78-45
AUTHORIZING RENEWAL OF THE CONTRACT
WITH COOPERATIVE PERSONNEL SERVICES
FOR A PERIOD OF THREE YEARS AND AUTHOR-
IZED THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY.
AGEN.DA ITEM "h"
With Council's tacit concur-rence, Agenda Item "h" -
i
WITHDRAWN FROM
"Report by Mr. Sanguinetti re additional costs for
AGENDA
billboards" was withdrawn from the Agenda.
CONCESSION
Council was apprised that th-e Recreatioa and
PRIVILEGES AT LODI
Parks Department had distributed or mailed specs
LAKE PARK
to possible concession operators for certain con-
cession priviieges at Lodi Lake Park. No bids
were received at the bid -openi ng, and it was the
recommendation of the Commission for Recreation
and Parks That Ed DeBe. edetti, Director of
Recreation and Paries, be authorized to negotiate
with prospective bidders for these privileges.
Following Council discussion on the matter, Council,
on motion of Co-,i=c-_lman Katnich, Katzakian second,
authorized Ed DeBe= edetti to negotiate with pros-
pective bidders for ce-:ain Lodi Lake Park con-
cession privileges.
TDA NON -TRANSIT
A proposedthe use of SB 3Z5
CLAIM APPROVED
Funds on projecSts depicted Pr., exhibit entitled
(1978-7i.clai n fo_.Trazspo-ration Development
RES. NO. 78-46
Act Funds, SB ?25), prepared by Staff was pre-
sented for Council's app -oval.
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Minute3 of May 3, 15-78,
TDA NON -TRANSIT Council »ag apprised that the 1?73-7.9 clai:nu
CLAIM APPRVD_-incluc e awl of Mose sheet which are
bei :g consiae_ed for ccr_.-t c =:,- during t' --e
RES. NO. 78-46 next fiscal year. 1: a?i the are approved
for SB 325 i•=?ing, t_.e greater
fiexiblli:y whe tl:e ac:._a: fu-'_-r_g for the _:78-79
Capital I:•npzo,-_mert P_cg:.arn i Tinalized.
FaiLowi ng Cci_c_ disc--- sic_., -rdth questic=s being
directed to Staff, Ccu✓z°l or_ r &► on of Mayor Pro
Tempore Katzakia_, Kat ic'.aace:o:d, adopted "*
Resc'u on Nu. 78-46 a_:_..,_lzing the use of SB 325
funds or any a=d all. of the pre'ec s appearing on
✓
exhibit preaenzed by Staff.
AGREEMENT WITH
A proposed agreement between Mr- Marg is '_Mayer
P,ZARVIN MAYER
and the City covering 13 acres of City land planted
COVERING LEASE OF
to walnut trees and vineyard oras presented for
CITY PROPERTY PLANTED Council's approval.
1114 WALNUTS AND VINE:- .
YARD APPROVED
Councilman Hughes stated that he feels there may-
aybe
beothers who would be i.:erested in rer_ting this
n-
hand on a more competitive basis.
Council also expressed its concern about the pro-
posed agreemejt i- ti at i> c?id not coy ain a to rmin-
ation clause and suggested other m*mor changes.
Followi._g additional discus•sio_, Col.=ciImar. Hughes
moved that Council approve the rental of this prop-
erty to Mr. Mayer for tLG year at as annual rental
of $600; that the proposed agreerner+t be modified
as suggested; and that prior to the termination of
this agreemer:, Staff investigate to determine if
there are other persons who would be interested in
leasing this land on a more compet-itive basie.
The motion was seconded by Mayor Pro Tempore
Katzakia; aid carried by unannn_us vete.
FEDERAL -AID FOR
Following in't oduction of the matter by City Marmge:
SAFER OFF -SYSTEMS
Glaves, Council, on mot-?oa of Mayor Pro Tempore
ROADS PROGRAM
Katzakian, Kainich seco_d, adopted Resolution- No -
DISTRIBUTION OF
78-47 approving Agreement betlwnen the City and
FUNDS AGREEMENT
County of San Joaquin for tr_e distribution of funds
APPROVED
for Federal -Aid for Safe= Off-Syst-erns Roads
Program and authorizing the May r z_zd City Cleric
RES. NO. 78-47
to execute sai-1 Agreement_
SUPPLEMENTAL.
A proposed resolution eeu_iled "Supplemental
RESOLUTION REQUEST-
Resolution Requesting a Time Extension to
i13G A TIME EXTENSION
December 31, 1•a78 for Completion of t}:e I-Iousirxg
- TO DECEMBER 31, 1978
Element o: the General Pla= by the City of Lodi"
FOR COMPLETION OF
was preserver! for Council's strut -1-y' by City
THE HOUSING ELEMENT
Manager Gla; -es.
OF THE GENERAL PLAN
BY THE CITY OF LODI
Council dlsctiseio'^ fallo•a-ed wiih questions _egarciin;
APPRVD.
the matter being directed to Surf.
RES. NO. 78-48
On motion. of Iviayo= Pro Ternpore Katzakian,
McCarty second, Ccunc:i by az imoLa :vote adoptee
Resolution No. i8-48 e_;it"ea 1 S,:;pp eme_ tai Reso- -
lution Requesting a Tirne to December 3I
1978 for Completion of the 1-foasim.g E=ement of the
General Plan by i:he City of Lodi".
_ Minutes of May'3 1978, continued _
PROPOSED RESOLUTION Mayor Pinkerton then proposed adopting - -
LIFTING MORATORIUM Resolution No. 78;49 lifting the morators+am
ON ALL TENTATIVE which had-been declared by motion action of
NEAPS, FINAL MAPS, AND the City Council on February _5, 31978 on the
REZONINGS approval of all tentative maps,. f: al reaps, and
rezonings.un t_l such tine as the Guy's request
for a time extec.sioa on the coml,letion of the
City's Housing, Safety, Seismic Safety, and
Noise Eleme1ts of the Geaeral PIa:-. has been
accepted by the Director of the State Office of
Planning had Research. The motto= Was
``r,, seconded by Councilman McCarty;
Mayor Pro Tempore Katza_�ian asked to abstain
from discussion and voting because of his direct
interest in the matter. "
A lengthy Council, discussion fo_lewed_
Councilman Hughes stated t2_at he was in sym-
paihy with the intent of the proposed resolution;
however, he felt that the legal alternatives should
be investigated-prior to the> Council, taking action.
Counci.lmamm Katzi=lL also indicated that he would
support deferring. actiomen this proposal Soy t0ro
weeks proposing that a meeting be scheduled with
the Council. and Mr. Sternberg of the State mousing
and Community Development De partmer_t.
Councilman Katnich also proposed that the League
of California- *Cities put its "talents to task" in i
t' this :matter_
Councilman McCarty pointed out that the City's
request for an extension had not been denied by-
the State Office of Planning •and research, and
further stated that in fact., Mrs. 'Vivian Kahp,
District Director of that offic& indicated in a re-
cent meeting with members of the, City Council
and the City Manager, that she had not yet re-
viewed the Cityls request-
Following additional discussio., the motion, failed
to pass by the folioN3ng vote:
Ayes: Councilmen-P!_-ikertor. and McCarty
Noes: Councilmen - Hughes and Katnich
Abstain: Councilmen Katzakiau.
Absent: Councilmen -None t
I
$ The Ci Clerk was directed b the Mayor to
City Y Y
calendar this matter on the Agaada fo-r the regcla7r
Ma} 17, 1978 Council rneet_-_g_
Minutes of May 3, 19718, co-::inued
ACTION DEFERRED ON At the suggestion of Maycr Pinkerton and with
ORD. NO. 1142 Council's tacit concurrence, action was de-
ferred on Ordinance No. 1142 entitled
"Ordinance providing for installation of Public
Improvements and Dedication of Rights -of -Way
and Easements in conjunction with Building
Construction or other Development and Repealing
Section 5- 19 through 5-2 1 of the Code of the City
of Lodi" to allow time for further review of the
ordinance at the Informal Informational Meeting
of May 9, 1978.
ADJOURNMENT On motion of Councilman Kairich, Mayor Pro
Tempore Katzakian second, Mayor Pinkerton
adjourned the meeting at approximately 8.50 p.m.
Atte st.,
ALICE M. REIMCHE
CITY CLERK
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