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HomeMy WebLinkAboutMinutes - June 22, 197724 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 22, 1977 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 7:00 p.m., Wednesday, June 2Z, 1977 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES(arrived 7:03 p.m.), PINKERTON and KATNICH (Mayor) Absent: Councilmen - KATZAKIAN Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Development Director Schroeder, City Attorney Mullen, and City Clerk Reimche. INVOCATION The invocation was given by Senior Pastor Carl Adams - Colonial Four Square Church. PLEDGE OF ALLEGIANCE Mayor Katnich led the Pledge of Allegiance to the flag. MINUTES City Clerk Reimche apprised the Council that the City Attorney had requested that the Minutes of May 18, 1977 be amended as follows: Pages 2 and 3 - Introduction of Ordinance No. 1106, "Uniform Mechanical Code, 1976 Edition", Ordinance No. 1107, "Uniform Plumbing Code, 1976 Edition", and Ordinance No. 1108 "Uniform Building Code, 1976 Edition". that the motions introducing each of the above - listed ordinances conclude with the statement - "that the changes and modifications in said Uni- form Code were adopted by the City Council prior to 197 1 ". On motion of Councilman Pinkerton, Ehrhardt second, the Minutes of May 18, 1977 were approved as amended. On motion of Councilman Ehrhardt, Katnich second, the Minutes of June 1, 1977 were approved as written and mailed. On motion of Councilman Hughes, Ehrhardt second, the Minutes of June 8, 1977 were approved as written and mailed. -I- 248 Minutes of June 22, 1977, PLANNING COMMISSION The City Manager gave tr_s-c,_=owing report of the Planning Commissio-i of June 13, 1977: ITEMS OF INTEREST The Planning Commissio` 1. Conditionally approved the request of Aladdin Real Estate, Inc., to approve the Tentative Map of Beckman Ranch (formerly Beckman Park), a 140.34 acre Planned Development bounded by West Kettleman Lane on the north, South Hutchins Street on the east; West Century Boalevard on the south and the Woodbridge Irrigation District Canal on the west. Pending City Council action on an appeal the Planning Commission eliminated the following from its approval: (a) 3.4 acres of institutional; (b) 6 ages of commercial - professional; (c) 28 acres of commercial; (d) 4.4 acres of multiple family adjacent to the proposed commer- cial -professional; (e) 5.6 acres c_` condominiums adjacent to the proposed commercial and single-family lots 226 through 239. 2. Conditionally approved the request of Mr. Steve Speegle, for a Use Permit for vehicle restoration and welding (i.e. automobile body shop) at 533 and 535 North Hutchins Street in an area zoned C-2, General Commer- cial. 3. Determined that a Zoning Hardship existed and approved the request of Mr. Charles Kellam on behalf of 99 Furniture for a Variance to reduce the required off- street from 16 spaces to an amount det--rmined by the Planning Commission to permit the replacement of an existing wood -frame building with a meta; warehouse building at 122 North Cherokee La : -.e in an area zoned C-2, General Commercial. The Planning Commission found ti at 10 off-street parking spaces would be adequate with 6 spaces cn-site and 4 spaces on a parcel within one hundred feet. 4. Set a Public Hearing for 7:30 p. m. , Monday, June 27, 1977 to consider the recommendation of the Site Plan and Architectural Review Committee to reorganize SPARC into a 5 -member Committee appointed to 4 -year terms by the Mayor with the approval of the City Council. 5. Recommended denial of action iitiated by the San Joaquin County Planning Commission to amend the Lane Use/Circulation Element of the Co7,mty General Plan by designating the area at the inte_sectic_z of Interstate 5 (I-5) and State Route 12 (Kettleman Lacs) f-om Agricultural to Highway Ser<:ice. 6. Recommended approval of action initiated by the San Joaquin County Planning Commissic^ to rezone the area generally bounded on the north by the Lodi City Limits and Almond Drive; on the east by State Route 99; on the south by Eight Mile Road and on the west by West Lane from I -PA, Interim Protected Agriculture; GA -5, G-20, General Agriculture and C-2, Community Commercial to GA- 10, GA -20 and GA -40, General Agricu pare. -2- -2�1 Minutes of June 22, 1977, ccn-_^ued COMMUNICATIONS City Clerk Reimche apprised the Csxncil that an ABC applica.io_i for Alcoholic Beveragw L,_'cense had been LICENSE received for Martha Jo and Eddie T. Wakimoto, for "The Happening", 212 W. Kettle man Lane, Lodi, On Sale Beer and Wine, Public Premises, Person to Person transfer. CLAIM City Clerk Reimche presented a Claim for damages in the amount of $500.00 which had been filed on be- half of Garold Giddens. On motion of Councilman Pinkerton, Ehrhardt second, Council rejected the claim and referred it to the City's Contract Adminis- trator. REQUEST The City Clerk presented a letter which had been re - FOR ceived from Mrs. Virginia Barrett, U01 -A Liebig REZONING Street, Lodi requesting the northwest corner of South Central Avenue and East Kettleman Lane be rezoned from R -MD to C-2, General Commercial and advising of her inability to pay the necessary filing fees for the rezoning and environmental clearance. INSTALLATION At the June 1, 1977 Council meeting, Council had OF IMPROVE- directed Mr. Richard J. Thorpe to install storm MENTS AT drainage improvements at 351 N. Beckman Road and 351 N. approved deferring the installation of curb, gutter amd BECKMAN RD. sidewalk improvements at that location. City Attorney Mullen advised the Council that although an agreement covering the condition of the Council's actions in this matter had been drawn up, Mr. Thorpe has now decided to proceed with the installation of all the improvements at that location. Councilman Hughes apprised the Council that the Federal Poker Commission has not yet ratified the settlement agreement pertaining to pending rate cases with P.G.&E. Councilman Hughes further advised that the F. P. C. is presently operating with only four com- F.P.C. missioners and that there are rumors of yet another DELAYS pending resignation. Discussion followed with the City Clerk being instructed to inquire as to the date of the next Federal Power Commission with the possibility of sending a representative from the City Council back to address that body on behalf of the City regarding this matte r. LEAF COMPOST The City Manager apprised the Council of problems COMMUNITY that have been encountered by the Lodi Community GARDEN Development and Services Agency in fulfilling the terms PROJECT of the Agreement and Lease with the City of Lodi dated December 22, 1976 covering the leaf compost/commun- ity garden project. Mr. Glaves stated that for all intent and purpose, the operation is now defunct. Council discussion followed with questions regarding the matter being directed to Staff. Council requested that it be furnished with a breakdown of funds that had been expended by the City on this project. -3- l•4 �.f i••t_a1��� cf ?une ZZ, 1977, cow>;c�ce% CONSENT C 9LEI DAR �=axT.�.r;-;�r �•r �� �•;::.pr; •::;.a :�r; ��-��o-:����m��x��:��;=T*T;:;:;_��-�x����xT*����k# �-T�x=�,«� -4- a=-:orda nce with the report a:_d _ :..:,mmer_dation ,�_' ti-_- City Manager, the follcwinI, a:ti:, s hereby ._Council- `, fcth between asterisks, on ^rr•'.°gin of snan Pinkerton, Ehrhardt second, _.. re approved by Co ..: _.,. CLAIMS CL'A*IMS WERE APPROVED IN THE AMOUNT OF <_ 1, -68, 586.69. ACCEPTANCE Ca -r Manager Glaves advised the Council that the OF S'=TOCKTON certrac*, for the improvements in ''Stockton Street ST. IMPROVE- Improvements and Century Boulevard and Beckman MENTS $4 Rcad Sanitary Sewer", which had been awarded to CENTURY BLVD Erre;: E. Pestana, Inc. of San .;cse an November 3, & BECKMAN RD 176 in the amount of $485, 480 has been completed SANITARY in substantial conformance with tie plans and speci- SEWER fica'_icns approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "S TOCKTON STREET IMPROVEMENTS AND CENTURY BOULEVARD AND BECKMAN ROAD SANITARY SEWER" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMr PLETION WITH THE COUNTY RECORDER'S OFFICE, The City Manager apprised the City Council that the ACCEPTANCE co::tract for the improvements in "Westdale Basin OF WESTDALE Fey , Trkay Street and W.I.D. Canal" which had BASIN FENCE ben awarded to Alameda Fence, Inc, of Alameda on February 16, 1977 in the amount of $6,758.00 has b• en, completed in substantial ce lformance with the plans and specifications approved by the City Council. COUNCIL ACCEPTED THE IMPROVEMENTS IN "WESTDALE BASIN FENCE, TOKAY STREET AND W.I.D. CANAL" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COM- PLE':ION WITH THE COUNTY RECORDER'S OFFICE, Ccuncil was apprised that a request had been received to aba:-don a portion of a Public Utility Easement lo - ca ,gid, in the area of the southeast corner of Hutchins Suer:: and Chestnut Street. Pacific Gas and Electric Cccnpa:,-;r, Pacific Telephone Company and Lodi Cable T• have been notified of the proposed abandonment and have indicated verbally their approval. EASEMENT VACATION RESOLUTION NO. 4164 S/E CORNER HUTCCHINS/ RESOLUTION OF THE CITY COUNCIL OF THE CITY CHESTNUT OF LODI DECLARING ITS INTENTION TO VACATE A;v EASEMENT LOCATED IN THE AREA OF THE RES. NO, 4364 SOUTHEAST CORNER OF HUTCHINS STREET AND CHESTNUT STREET, REFERRING THE MATTER TO THE PLANNING COMMISSION FOR RECOMMENDATION, AND SETTING THE MATTER FOR PUBLIC HEARING .T'1LY Z0, 1977. �=axT.�.r;-;�r �•r �� �•;::.pr; •::;.a :�r; ��-��o-:����m��x��:��;=T*T;:;:;_��-�x����xT*����k# �-T�x=�,«� -4- Minutes of June 22, 1977, continued 25.-,. SPECS FOR Specifications for asphalt materials needed during ASPHALT & the first half of the fiscal year and specifications ROCK & SAND for rock and sand materials needed for the fiscal MATERIAL year were presented for Council's scrutiny. APPROVED Program Application documents on the following new FOLK CONCERT On motion of Councilman Pinkerton, Hughes second, IN STADIUM Counzil approved the specifications for asphalt material and for rock and sand material and author! !zed the Purchasing Agent to advertise for bide there- on. Following kitroduction of the matter by City Manager E. D. A. Glaves, Council, on motion of Councilman Ehrhardt♦ PROJECTS Pinkerton second, adopted Resolution No. 4365 APPROVED authorizing the City Manager to execute all Locai PROPOSAL Public Works Capital Development and Investtpent RES, NO. 4365 Program Application documents on the following new FOLK CONCERT projects: a) City of Lodi - Century Boulevard Storm Drain - Salas Park to C- 1 Basin b) City of Lodi - Cherokee Lane Water Line and Fire Protection Kettleman Lane to South City Limits, and further authorizing the City Manager to execute the following Round I Local Public Works Capital Development and Investment Program Application documents being re -submitted for Round II fundings a) City of Lodi - Lodi Public Library b) City of Lodi - City Hall Remodel first floor and basement c) City of Lodi - Century Boulevard/Stockton Street Waver Main d) City of Lodi - Ham Lane Relief Sewer Council was apprised that a request had been received from Mr. Bruce Williams and Mr. Peter Koularls of PROPOSAL Stockton, for the use of the Stadium for a "soft" folk FOR "SOFT" conzert. It is their feeling that this concert could FOLK CONCERT draw as many as 15, 000 people and proposed that the IN STADIUM City would receive 8% of the gross and/or a minimum. The promoters would provide a performance bond, required insurance, all security within the stadium. their own stage and amenities that go with the promotion including clean-up. Lengthy discussion followed with questions regarding the proposal being directed to Staff. Councilman Ehrhardt then moved that Council approve the request as submitted by the Recreation Commission. The motion was seconded by Mayor Katnich. Discussion followed with Councilman. Hughes soliciti;xg comments from Chief of Police Marc Yates who was }n the audience as to problems and costs that could be anticipated in holding such an event. Following Chief Yates' remarks, additional discussion followedwith -5- 23 Min -.; o-` Jure 22, 1977, cc: ti _ue3 FR0POS AI. q,.c scions t, -ting directed to Sta-ff. !- n -. - TO -_!K Ehrhardt then ame-dzd his motion to ( 0-"r ER 3_"e.Ft the-ecommendation of :he Recreation Corn- s A'•.Y ' ` :ion kai: this request be given serious considera- ._.._.. '=h� question was called for and failed to pass ne-''c:i•-zwing vote: N;e Cc_ncilmen - Ehrhardt and Hughes tioes, Councilmen - Pinkerton and Katnich Abse._:: Councilmen - Katzakiar Courci'man Pinkerton then moved that Council give a tentative go-ahead on this proposal with the stipu- la`..'.�z that the promoters meet the demands and re. �ur.ste cf the Police Departmer-t and City Attorney prntec=ing the City relating to insurance and protlems involving the law, and that this should be czrc rd.;n aced with the Police Chief, with his recom- menda*ions coming back to the City Council no later than --uiy 6, 1977. The motion was seconded by Councilman Katnich, and failed to pass by the following vote: A•ies: Councilmen - Pinkerton and Katnich Noes- Councilmen - Ehrhardt and Hughes Absent: Councilmen - Katzakian Aa-'itior_al- discussion followed with Councilman Hugres moving that Council indicate it is interested in —h.- pr. _-.,al For a "soft" folk concert to be held in th.e Stadium; that Staff be dire_ted to investigate pro- cedures and di-'ficulties which are anticipated to bg e-^co-.n�ered in holding such a concert; and that Staff report back to Council on its findings at the July $. 1477 Council meeting. The motion was seconded by Co:nc'!-nan Ehrhardt and carried. TtE'4F WAL. OF Council was advised that following review of the GO_ F go'_ci driving range operation with the Lessee, Mr, DR1VIv;, Ha-•olc4- Walz, the Recreation Commission recom- RAN'uE mends that the present agreement be renewed to AGREEME^: coi.no:de with the Festival Agreement. APPROVED D'.sc-_ssior_ followed with questions regarding the :.peration of the Golf Driving Range being directed to Sla`.! and to Mr. Walz who was in the audience. O r it' -on of Councilman Ehrhardt, Pinkerton second, Co.a-.c:i authorized renewal of the present Agreement Nfr. Harold Walz covering the Golf Driving Range :a c :incide w th the Festival Agreement. Pcr�ivar_t to instructions from the City Council on PTL07 e R, 1977, a letter was presented for Council's TRANISPORT — _ � ;r -ti from Mr. William B. Welch, Transportation TIO�i PRO -EC', Paaa_-ner. JHK and Associates. Mr. Welch advised in -k- 254 - Min -tel of Tune 2.2, 1977, contin.ied t1 --at lie has given ca7ef,.:1 thought to the cf implementing a pil,t program for sub- -R to>_i service in Lodi a..6 has developed what p:ECT =_�. ",s. ss i5 a realistic a3z;essm=nt of the work !Cand level of effort required. Mr. Welch ;her stated that he would estimate that the pro _uic.. he completed by mid-Augi. ,t and estimated 7t cn a time and materials basis at approxi - $3, 600. Co•.:: ]ii. wiscussion followed with Mayor Katnich the City Clerk to contact Mr. Welch to inquire as to his availability to meet with the City Ccu it at the Informal Informaticnal Meeting of ;r =977. :aa cr Katnich asked Councilman Ehrhardt and Co_n _lman Hughes to meet and tc determine, based on reports previously furnished the Council and prior dis.:c_eion, what approaches the City would want to i.mf°eme:zt in a pilot transportation program for the City o` Lcdi. Pli Bel.'.: PE_v,RiNGS :Nut;.•_e thereof having been mailed to the property ov:ne_s and also published and posted in accordance -with la -.,i, affidavits of which are on file in the office VIRCINiA c: the City Clerk, Mayor Katnich called for the public AVE, ST. ht-aring on the assessment for the Virginia Avenue Llsti7'T^iC S,r;at L•i.ghting District which had been set for June 15, DIS -RTC; ; ; at 8:00 p., m. and had subsequently been continued ASSESS E.ti : CC'sF'_RP.d_D "i"a m_'tr r was introduced by City Manager Glaves} RES. q.e3tions regarding the assessment being directed S.aff by the Council. Cvun,,_l was apprised of a letter which had been recei yea from Mr. Frank Koeneke, 400 Virginia Avenue, L:d. CLje-aing to the assessment. Discussion followed :-gardi_:.g Mr. Koeneke's assessment with Mayor di-ecting the City Clerk to contact Mr. Koeneke an -i d' : iss with him the alternatives open to him in paying :'her: we :e no persons in the aud_ence wishing to speak zr-`' F matter, and the public portion of the hearing was cio- ed. On myio:. of Councilman Ehrhardt, Hughes second, the City Ccuncil adopted Resolution Ne. 4363 confirming the a,sr=s n�zt on the Virginia Avenue Street Lighting D -z REQUEST FOR I•dla, V`r.ginia Barrett, 1201-A Liebig Street, Lodi REZO'," •.G :vhcse leve.- requesting the northwest corner of Sam `: Cea`cai Avenue and East Kettleman Lane be rezones S. C:'E'.� ='RAL _rom R -MD, Medium Density Multiple Family Residential 5 E: KETTLE- t. C-2, General Commercial was presented under :.lA:v C:.,:nmunications" was in the audience and asked to come f,:r•...rd to address the Council concerning her request, -7- .254 RE'QUES" FOR RE7-ONINI , N;'W COR IFR S. CE.,;TRAL b!,. IiE';' i L•E �,XAN RECESS PROPOSE_ D :977-78 BUDGET ii_,,ata3 of fuze Z2, 1977, continue` Fc11c,vii ng her presentation, questions regarding the :a ,:.est -,;-are presented to Staff a3 well as to Mrs. b a _ . :t. (_-)a of Councilman Ehrhart, Pinkerton -,zoz- 2, Coon cil directed the Pl r:ning Commission ci ,!,., the possible rezoning of the 300 block of Ea -.t Kettleman Lane from R -MD, Medium Density '•:Iul:irle Family Residential to C-2, General Com- rr_rcial with a report and recommendation to be re- tirned to the City Council at the earliest possible d xte . The Mayor declared a five-minute recess and the Cauncii reconvened at 9:00 p.m. Nntxce thereof having been published in accordance with /•;w and affidavit of publication being on file in the ..,Bice of the City Clerk, Mayor Katnich called for the Public Hearing to consider the proposed 1971- 78 Budget of the City of Lodi. Fallowing introduction of the matter by the City Manager, Mr. William Plath, 800 Greenwood Drive Lcdi presented a follow-up proposal to a request for revenue sharing funds for a program of delinquency prevt tion involving "Parent Effectiveness Training" and "Youth Effectiveness Training" programs. Mi. Piath stated that currently there are several programs aimed at filling the recreational, educa- '.igr_ai and spiritual needs of Lodlans and their families; however, there are many ;young people and -;,,ho have never learned the skills needed to assist them in becoming confident, cooperative citirea living as individuals within a larger com- mi..ni`y. . By learning to successfully handle their own r<--lationships and lives, the participants in ;b.e3B Programs can return to their families, schools, ;obs, arid community with new skills in relation to around them and in solving problems in their cwn li~.ss. Parents, young people, and public agencies a_+. benefit from these programs and so benefit our City, through their enhanced problem solving skills and is cr=asd confidence in themselves and in the system is whi:*n they live. Aisa addr-oaing the Council on the proposal was Mr, Art Raab, 1800 W. Walnut Street, Lodi and Ms. Doris M::Caughaa, 6333 Analitis Drive, Lodi. _,e3gt_`ry di3cussion followed with Council directing rl.. �tio r-5garding the proposal to Staff, Mr. Plath, 2d Raab and Ms. McCaughna. :r= being no other persons in the audience wishing speak on the proposed 1977-78 Budget for the City v. is-?, the public portion of the hearing was closed, -7- 25-;'6 i,1i_^_utes of June 22, 1977, continued PROPOSED Staff's presentation of the propos_d 1977-78 :9777-78 Budget of the City of Lodi continued with proposod BUDGET inc-eases i, personnel being v�viswed. Chief of Police Yates was in the audience and addressed :he Co•.=Heil regarding the Administrative Assistant - Police position and answered que tions as were posed by the Council on the matter. Additional discussion followed with no action being taken by the Council on the proposed 1977-78 budget, The City Manager apprised the Council that the City AUDIT OF had recently been visited by Federal auditors to re - REVENUE view its compliance with regulations for the use of SHARING Revenue Sharing funds. The Federal Auditor indicated FUNDS that the annual audit of City funds does not meet the requirements of a specific audit of Revenue Shar}ng fundi every three years. The City has secured a quotation for the specific audit from Ernst and Ernst in the amount of $1400. 00. It was the City Manage r� s recommendation that this audit be authorized and that the funds be appropriated from Revenue Sharing Funds, Council discussion followed with questions regarding the matter being directed to staff. Councilman Ehrhardt then moved to appropriate $1400. 00 from Revenue Sharing Funds to cover the cost of auditing the Revenue Sharing Funds. The motion was seconded by Councilman Pinkerton. rollow- ing additional discussion, the motion failed to pass bV unanimous vote. INIPENDING Following introduction of the matter by City Attorney CONDEDANA- Mullen, Council, on motion of Councilman Pinkertoii, TION Ehrhardt second, instructed the City Attorney to PROCEEDINGS write to Tillie D. Sanguinetti and Homestead Savings and Loan Association advising of the City's impending cond,5mnation proceedings as set forth in proposed letter dated Jure 23, 1977 which had been reviewed by Council. ADJOURN- There being no further business to come before the MENT Council, the meeting was adjourned to Tuesday, June 28, 1977 at 7:00 p.m. by Mayor Katnich on motion of Councilman Pinkerton, Ehrhardt second. Attest. AL M: R City Clerk -8-