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HomeMy WebLinkAboutMinutes - July 20, 1977CITY COliNCIL, CITY OF LODI CI':Y HALL COUNCIL CHAMBERS JULY 20, 1977 A regular -;:seting of the C_ty Council of the Citv of Lodi was held beg.a ing at 3:00 p, m. , Wednesday, July 20, 1977 in the City Hall Co -.n -^.,ii Chambers. ROLL CALL Present: Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Mullen and City Clerk Reimr_he. INVOCATION The invocation was given by Dr. Darrel Kraft, Salem United Methodist Church. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. ?•,IINL'T S On motion of Councilman Ehrhardt, Katzakian se.7cnd, the Minutes of the adjourned regular meeting of June 28, 1977 were approved and written and mailed. PUBLIC HEARINGS ?ve.ice thereof having been published in accordance CONSIDERAIION OF with law and affidavit of publication being on file in PREZONING TO i•I-Z the office of the City Clerk, Mayor Katnich called PARCEL LOCATED For the public hearing to consider the City Planning BET WEEN VICTOR Commission's recommendation for approval of the ROAD & E., PINS ST. request of Mr. Frank A. Nottingham to prezone to M -Z, Heavy Industrial, a 51 -acre parcel located between Victor Road (State Route IZ) and East Pine Street west of the Central California Traction right- c-: -way. Councilman Katzakian asked to abstain from dis- cuasio. and voting on the matter as the Company wi;:h which he is associated handled the transaction _nvclving the subject property. Fo:.owing an inquiry by Mayor Pro Tempore P_nkerton, City Attorney Mullen determined that :ause Mayor Pro Tempore Pinkerton, through i:.., family and inheritance, has a 1/3 interest in the Purchase Price Note and Deed of Trust that was given by Mr. Nottingham on the property, he should abstain from discussion and voting on this matter. Ceun_ilman Pinkerton then asked to be excused and !r_ft the chambers. me 244 Minutes of July 20, 1977, continued CONSIDERATION OF PREZONING TO Community Development. Director Schroeder NI -2 PARCEL LOCATED introduced the matter and presented diagrams BETWEEN VICTOR of the proposed prezoning for Council's ROAD & E. PINE ST. scrutiny. Ccr_t9.nued) Speaking on behalf of the proposed prezoning was Mr. Richard Corpe, 1211 W. Elm Street, Lodi. The following persons spoke in opposition to the proposed prezoning: a) Mrs. Anna Mae Vollbrecht, 6058 E. Pine Street, Lodi b) Mr. John Hodgson, Attorney, representing Mr. and Mrs. John Hamilton Hodgson c) Mr. John Hamilton Hodgson, 5890 E. Pine Street, Lodi d) Mr. Ted Boriack, 6051 E. Pine Street, Lodi Following a lengthy discussion, Council on mo- tion of Councilman Ehrhardt, Hughes second, rejected the City Planning Commission's recom- mendation for approval of the request of Mr. Frank A. Nottingham to prezone to M-2, Heavy Industrial, a 51 -acre parcel located between Victor Road (State Route 12) and East Pine Street, west of the Central California Traction right-of- way by the following vote: Ayes: Councilmen - Ehrhardt, Hughes and Katnich Noes: Councilmen - None Abstain: Councilmen - Katzakian and Pinkerton Absent: Councilmen - None ORDER OF VACATION Notice thereof having been published and posted EASEMENT LOCATED it accordance with law and affidavits of publica- IN THE AREA OF THE tion and posting being on file in the office of the SOUTHEAST CORNER OF City Clerk, Mayor Katnich called for the public HUTCHINS STREET & hearing on the proposed vacation of an easement CHESTNUT STREET locaked in the area of the southeast corner of Hutchins Street and Chestnut Street. Public Works Director Ronsko introduced the matter and stated the Planning Commission has determined that no public need existed and recom- mended the abandonment of the north 2- 1/2 feet of a I0 -foot Public Utility Easement located on the scurh sides of Lots 1 through 5 of Block 6, Sturla Sch,.�ol Addition (i.e. south side of Chestnut Street between South Hutchins Street and South Lee Street) with the condition that the property owner requesting the abandonment grant the City an additional ease- menr as approved by the Public Works Director for the northerly extension of a sanitary sewer main. -2- 9. 5 Minutes of July 20, 1977, continued ORDER OF VACATION Mr. Ronsko also recommended that the Order SE CORNER HUTCHINS to Vacate be conditioned to specify that the & CHESTNUT STS. property owner requesting the abandonment be (Continued) required to pay the necessary- fees for an electrical utility relocation at that location as detailed by Mr. Ronsko. Discussion followed with questions regarding the matter being directed to Staff. On motion of Councilman Pinkerton, Ehrhardt second, Council adopted an order of Abandonment of the north 2-1/2 feet of a 10 -foot Public Utility Easement located on the south sides of Lots 1 through 5 of Block 6, Sturla School Addition (i.e. south side of Chestnut Street between South Hutchins Street and South Lee Street) and directed the City Clerk not to record said Order until all conditions as detailed by Public Works Director Ronsko have been met. PROPOSALS TO sir. Velton Stafford, 430 Elgin Avenue, Lodi ALLEVIATE OVER- addressed the Council presenting two proposals CROWDING OF for Council's examination and endorsement as SCHOOLS I_V LODI AREA follows; which he proposes be recommended to the State legislature representatives from this area: According to Mr. Stafford the intended purpose is to promptly alleviate the over -crowding of schools within the Lodi Unified School District. "1. No local governing body, whether appointed or elected, supervisorial or regulatory shall be permitted to maintain an overlapping jurisdiction with any other local governing body of any other city. "Should such a situation currently exist at the time this measure receives State legislative approval, all jurisdiction shall revert to the city government with a branch having the longest continuous respon- sibility for either development standards, or educa- tional standards at the time of such State legislative approval. "The time limit for all jurisdiction to revert to the qualified city shall not be more than thirty days after approval of this measure." "Amendment to the Environmental Impact Report "2. Before a proposed residential development may be approved by the county or city planning agency having jurisdiction over the proposed development area, the developer shall satisfy that agency, that such a development would not overburden the existing school classrooms.in the School District having juris- diction over that proposed development area. Such satisfaction shall be met through use of the following formulas only; ''a. Divide the number of students enrolled in the affected School District's public schools, grades K- 12, at the end of the pre•,ious school year by the number of existing single family living units in that -3- 276 Minutes of July 20, 1977, continued PROPOSALS RE d'_strict, to include the single family living SCHOOLS units of existing multiple living unit complexes. (Continued) "b. Multiply the number of proposed new single family living units by the answer obtained in (a) above, PLANNING COMMISSION "c. Add the answer obtained in (b) above to the number of students enrolled in the affected School District's public schools, grades K-12, at the end of the previous school year. "d. Divide the answer obtained in (c. ) above by the number of classrooms in the affected School District that were available for public student use at the time the proposed development was sub- mitted to the appropriate planning agency for their approval. "If the answer to (d. ) above, is greater than thirty, such a proposed development shall be considered overburdening to the affected School District and shall not be approved by the planning agency having jurisdiction over such a proposed development, Should it be found that the developer falsified that information regarding this amendment, whether Through oversight or intent, or that the city whose planning agency has jurisdiction over that proposed de-elopment. Approved that proposed development without complying with this amendment, whether through oversight or intent, it shall be the collective financial responsibility of that developer and that city to bring the entire affected School District up to the standard of thirty students per classroom. Neither proposed Commercial nor Industrial developments nor an individual signing an affidavit attesting that he will not build more than one single family living unit within one calendar year shall be affected by this amendment. " Following discussion, with questions being directed to Mr. Stafford, Mayor Katnich, with Council's concurrence, continued the matter to the regular meeting of August 3, 1977 to allow Council time to review the proposals. The City Manager gave the following report of the Planning Commission meeting of July 11, 1977: The Planning Commission - EASEvIENT !. Determined that no public need existed and VACATION recommended the abandonment of the north 2-1/2 feet of a 10 -foot Public Utility Easement located on the south sides of Lots 1 through 5 of Block b+ Sturla School Addition (i. e. south side of Chestnut Street between South Hutchins Street and South Lee Street) with the condition that the property owner requesting the abandonment grant the City an addi- tional. easement as approved by the Public Works Director for the northerly extension of a sanitary Sewer main. -4- Minutes of July 20, 1977, continued LODI SOUTH EIR 2. Certified as adequate and recommended to :he City Council the Final Environmental Impact Report for Lodi South, an 8. 12 acre 33 -lot sub- division located on South Church Street, north and south of the easterly extension of Lambert Court, T hs Final EIR also includes a request to rezone the area from R-1, Single -Family Residential to R -LD, Low Density Multiple Family Residential and R-tiiD, Medium -Density Multiple Family Residential. ITEMS OF INTEREST The Planning Commission also - 1. Denied the request of R & W Construction and Development Company to rezone an 8. 12 acre parcel located on South Church Street, north and south of the future extension of Lambert Court from R- 1, Single -Family Residential to R -LD, Low Density Multiple Family Residential and R -MD, Medium Density Multiple Family Residen. tial. 2. Conditionally approved the request of Rev. Edelmiro Maisonet on behalf of the Spanish Church of God for a Use Permit to use an existing non- conforming commercial building at 301 Eden Street in an area zoned R -MD, Medium Density Multiple Family Residential. 3. Denied the request of Mr. Mohamid Kazimi for a Variance to permit the erection of a 6 -foot fepee around a trash container in a street side yard area at 300 East Pine Street in an area zoned R -HD, High Density Multiple Family Residential. In denying the matter the Commission determined that a "Hardship", as defined in the Zoning Ordinance, did not exist and that the proposed fence would be hazardous to pedestrians. COMMUNICATIONS CONSIDERATION OF Following introduction of the matter by Community IRIS DRIVE E.I.R. SET Development Director Schroeder, Council, on FOR PUBLIC HEARING motion. of Councilman Katzakian, Ehrhardt second, set for Public Hearing on August 3, 1977 at 8:00 p. m. consideration of the Planning Commission's recommendation that the City Council certify as adequate the Final Environmental Impact Report for Iris Drive - Ham Lane General Plan and Zoning Study. ACTION DEFERRED ON Community Development Director Schroeder advised NOTTINGHAM the Council that it had been requested that consid- ADDITION eration of the resolution of the San Joaquin County Local Agency Formation Commission approving the Nottingham Addition to the City of Lodi be postponed to the Council meeting of August 3, 1977. Following a brief discussion, Council tacitly agreed to the request. -5- 278 Minutes of July 20, 1977, continued COMMUNICATIONS (Continued) City Clerk Reimche advised the Council of an ABC LICENSE application for Alcoholic Beverage License which had been received for "La Dalia Negra", 23-25 N. Sacramento Street, Lodi, Celia H. Albor and Maria J. Herrera, On Sale Beer and Wine Public Premises, Person to Person transfer, APPEAL OF PLANNING The City Clerk presented a letter which had been COMMISSION'S DENIAL received from Barbara Giusto, Lucchesi Realty FOR RECLASSIFICATION which stated, "On behalf of the property owners RE IRIS DRIVE to rezone 1430, 1500, 1526, 1544, 1550 Iris Drive from R- 1, Single Family Residential to R -GA, Residential Garden Apartments, it is their considered decision to appeal the Planning Com- mission's denial for reclassification to the City Council for hearing at their earliest convenience, " On motion of Councilman Katzakian, Ehrhardt second, the matter was set for Public Hearing on August 3, 1977. JOINT STUDY OF NEEDS The City Clerk presented a letter which had been FOR EDUCATIONAL received from the Stockton Unified School District FACILITIES & PROGRAMS advising that at its meeting of June 28, 1977, the IN METROPOLITAN Board of Education of the Stockton Unified School STOCKTON AREA PRO- District adopted a resolution of intent to invite joint POSED study of needs for educational facilities and pro- grams in the metropolitan Stockton area. Councilman Ehrhardt asked that the City Clerk ascertain when the joint meeting will be held. LETTER RECEIVED The City Clerk presented a letter from Mrs. W. FROM CITIZEN RE E. Flower which asked for a report on,the propose4 PROPOSED LIGHTING lighting for Cherokee Lane. Mrs. Flower's letter ON CHEROKEE LANE also commented to reports pertaining to the widen- ing of Ham Lane and proposal to make School Street a one-way Street. City Manager Glaves gave an update to Council on the proposed lighting district for Cherokee Lane. Additional discussion followed regarding the letter, with no action being taken by the Council. City Clerk Reimche presented a letter which had been received from Mr. Leonard Lachendro, City COUNCIL APPRISED Librarian advising that the Library Board took the OF LIBRARY BOARD following action at its meeting of July 18, 19771 OF TRUSTEES ACTION 1) Elected the following officers of the Board: President - C. M. Sullivan, Jr. Vice President- L. P. Singer Secretary - Darlene Avery 2) By motion action, granted a 6.5116 salary increase to ail salaried employees of the Library except the City Librarian, effective July 11, 1977, and granted all salaried employees of the Library the same benefits granted by City Council to other City em- ployees as authorized in Resolutions Nos. 4366 and 4367. -6- 17 ..CIF � q Minutes of July 20, 1977, continued COUNCIL, RECEIVES The City Clerk announced that copies of the COPIES OF LODI Final Environmental Impact Report on Lodi SOUTH E.I. R. South Rezoning had been presented to the Council at the onset of the Council meeting to allow sufficient time for study and evaluation of the report by the Council prior to a public hearing on the matter. GUIDELINES RE Councilman Hughes requested that the City COUNCIL'S Attorney draw up a set of guidelines as to the RESPONSIBILITIES IN Council's responsibilities in certifying E.I.R.'r, CERTIFYING E. I.R.'S to be adequate. AS ADEQUATE perusal and Council was advised that the Engineer - REQUESTED ing Division had determined that it would be Councilman Hughes apprised the Council that toe UPDATE ON FPC Federal Power Commission had finally ratified the proposed settlement agreement pertaining to rate cases with P. G. &E. and that copies of the orders issued by the FPC had been received by the City Manager's office. CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Council- man Katzakian, Ehrhardt second, were approved by Council. . . .,._ .���4 tie+k.�.:;==�TT�je##a`•�T###�':�'rT%>ii:rFa<i'>k+ki:'.F 14 �#m�"ra',':�#mm�"r �"rTyr>k>'F i4Ti:#%�#�X �X �F X�� CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $ 1, 178, 412. 06. "NO PARKING ZONE" Council was apprised that the City had recently ESTABLISHED ON completed a street widening project on a portion STOCKTON ST. SOUTH of Stockton Street south of Kettleman Lane. OF KETTLEMAN LANE Diagrams of the area were presented for Councills perusal and Council was advised that the Engineer - RES. NO. 4373 ing Division had determined that it would be n.,cessary to prohibit parking in an area as depicted in the diagram to provide a proposed left turn pocket. The managers of the establishments abutting the proposed "no parking" zone have been contacted and have no objections to the restriction. RESOLUTION NO. 4373 RESOLUTION ESTABLISHING A "NO PARKING ZONE" ON STOCKTON STREET SOUTH OF KETTLEMAN LANE. ABANDONED VEHICLE City Manager Glaves presented for Council approval AGREEMENI APPRVD. Abandoned Vehicle Abatement Agreement between the State of California, Department of California RES. NO. 4374 Highway Patrol, and the City of Lodi covering the City's participation in the Abandoned Vehicle Abate- ment Program for the period of July 1, 1977 thFoµgh June 30, 1978. As contractor, the City agrees to furnish personnel and services for the abatement of 91re 28() Minutes of July 20, 1977, continued ABANDONED VEHICLE AGREEMENT APPRVD. abandoned vehicles within the City and to maintain the usual records. For the purpose of this agree - RES. NO. 42274 ment, the contractor estimates that approximately fiftJ abandoned vehicles will be abated during the ..arm of the agreement. The total amount of this agreement shall not exceed $2500. 00. RESOLUTION NO. 4374 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTI- CIPATION IN THE ABANDONED VEHICLE PROGRAM. SPECS APPROVED FOR COUNCIL APPROVED SPECIFICATIONS FOR UTILITY CARGO VAN THE PURCHASE OF A UTILITY CARGO VAN FOR THE UTILITY DEPARTMENT AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. ACTION DEFERRED ON Following introduction of Agenda Item "e" - AGENDA ITEM "e" "Specifications for 2 compact pickup trucks (Community Development Dept.)", Council on motion of Councilman Ehrhardt, Pinkerton second, deferred action on the matter to the regular Council meeting of August 3, 1977 to allow Staff time to research markets available for American-made vehicles of this type. HEARING ON City Attorney Mullen introduced Agenda Item "g" - CONDEMNATION "Hearing on Condemnation Proceedings - Tillie D? PROCEEDINGS-TILLIE Sanguinetti Life Estate". Background regarding D. SANGUINETTI the subyect was presented to the Council by City Attorney Mullen and Assistant City Attorney RES. NO. 4375 Suilivan. Attorney Richard E. Macey, 1122 North El Dorado Street, Stockton representing Tillie D. Sanguinetti addressed the Council stating that he doesn't believe that it is the City of Lodi that is involved in this matter, that everything is guaranteed by Homestead Savings and Loan Association and that Homestead is asking the Council to take over the position of Homestead thereby taking over the position of a private subdivider. Mr. Macey stated further that Mrs. Sanguinetti is 94 years old and that this land has been in her family since 1885. ,Ir. Macey further related that Homestead Savings az--.d Loan Association made the mistake, and that they are now asking the Council to rectify the mistake at the sacrifice of Tillie Sanguinetti's rights and that the property involved may comprise only 3000 square feet, but it is a part of her homestead where she has lived approximately 75 years. Attorney Macey then added that in reviewing the final subdivision map, it appears that the map does not conform with the requirements of the California -8- 28.1 Mr. Bret Evans, Vice President of Homestead Savings and Loan Association, addressed the Council advising that Homestead acquired the property in July 1976 and that it was his under- standing that the Sanguinetti family was originally involved in the development of this property and at the time Homestead Savings and Loan acquired the property from the Rivergate Corporation, members of the Sanguinetti family were on the Rive rgate Corporation Board. Mr. Evans further stated that he feels it is a well laid out street and that the improvements are sub- stantially in place and that a substantial delay would cause the option holder to lose its option and suffer severe economic loss. Following additional discussion on the matter, on motion of Councilman Katzakian, Hughes second, Council adopted Resolution No. 4375 authorizing and directing condemnation of real property for street right-of-way - Tillie D. Sanguinetti Life Estate. RECESS Mayor Katnich declared a five-minute recess and the Council reconvened at 10:25 p.m. WATER .MASTER A presentation regarding the "Water System PLAN PRESENTED Analysis and Water Plan Reevaluation" for the City of Lodi was made by M. Carleton Yoder, ✓ Principal and Mr. Harold L. Welborn, Project Manager of Trotter -Yoder and Associates. Council discussion followed with Mr. Yoder indicat- ing that he and his Staff would be most happy to appear before the Council at a later date to answer questions Council may have following their perusal and review of the document. TRASH CONTAINERS Mr. Earl R. Williams, President of the Lodi FOR DOWNTOWN AREA District Chamber of Commerce addressed the Council with a proposal for 15 trash containers to be located in the School Street area from Elm Street to Lodi Avenue. Information regarding the type of container as well as a proposed location map were presented for Council's scrutiny. -9- Minutes of July 20, 1977, continued TILLIE D. SANGUINETTI Go-,ernment Code in regards to the interest of HEARING Mrs. Sanguinetti. RES. NO. 4375 (Continued) Council discussion followed with questions being directed by Council to the City Attorney and Mr, Macey. City Attorney Mullen pointed out that the City of Lodi does have an interest as to where the extension of Church Street goes, because a major street is involved. Following an inquiry by Council, Community Development Director Schroeder stated that the street does meet good traffic design and is in the same location as was shown on the original Sanguinetti Ranch Tentative Map. Mr. Bret Evans, Vice President of Homestead Savings and Loan Association, addressed the Council advising that Homestead acquired the property in July 1976 and that it was his under- standing that the Sanguinetti family was originally involved in the development of this property and at the time Homestead Savings and Loan acquired the property from the Rivergate Corporation, members of the Sanguinetti family were on the Rive rgate Corporation Board. Mr. Evans further stated that he feels it is a well laid out street and that the improvements are sub- stantially in place and that a substantial delay would cause the option holder to lose its option and suffer severe economic loss. Following additional discussion on the matter, on motion of Councilman Katzakian, Hughes second, Council adopted Resolution No. 4375 authorizing and directing condemnation of real property for street right-of-way - Tillie D. Sanguinetti Life Estate. RECESS Mayor Katnich declared a five-minute recess and the Council reconvened at 10:25 p.m. WATER .MASTER A presentation regarding the "Water System PLAN PRESENTED Analysis and Water Plan Reevaluation" for the City of Lodi was made by M. Carleton Yoder, ✓ Principal and Mr. Harold L. Welborn, Project Manager of Trotter -Yoder and Associates. Council discussion followed with Mr. Yoder indicat- ing that he and his Staff would be most happy to appear before the Council at a later date to answer questions Council may have following their perusal and review of the document. TRASH CONTAINERS Mr. Earl R. Williams, President of the Lodi FOR DOWNTOWN AREA District Chamber of Commerce addressed the Council with a proposal for 15 trash containers to be located in the School Street area from Elm Street to Lodi Avenue. Information regarding the type of container as well as a proposed location map were presented for Council's scrutiny. -9- 28? Minutes of July 20, 1977, continued TRASH CONTAINERS Council discussion followed with questions (Continued) regarding the proposal being directed to Staff and to Mr. Williams. Concern regarding the enforcement problems, beer drinking, etc. in the downtown area were expressed by the Council. On motion of Councilman Ehrhardt, Katzakian second, Council adopted Resolution No. 4376 authorizing the City Manager to sign and file for a grant under the Community Emergency Drought Relief Act of 1977 with Council requesting that the determination of the placement of the meters for high water users be made by the City Council. City Manager advised the Council that the contract ACCEPTANCE OF for the improvements in "Rivergate Drive Storm RIVERGATE DRIVE Drain, Turner Road to Mokelumne River", which STORM DRAIN had been awarded to ABC Underground Construction of Lathrop on December 15, 1976 in the amount of $39, 452. 00 had been completed in substantial con- formance with the plans and specifications approved by the City Council. On motion of Councilman Hughes, Katzakian second. the City Council accepted the improvements in "Rivergate Drive Storm Drain, Turner Road to Mokelumne River", and directed the Public Works Director to file a Notice of Completion with the County Recorder's Office. CITY HALL PARKING The Public Works Department had recently re - LOT DESIGN CONCEPT evaluated the City Hall parking lot concepts and pre, APPROVED sented for Council's scrutiny three alternatives. Council was advised that all three of the alternates me::t the City's design criteria, have good traffic circulation, and have an equivalent amount of land- scaping. -10- Following discussion, on motion of Councilman Ehrhardt, Hughes second, Council approved the concept of the proposed downtown area trash containers as proposed by the Chamber of Commerce and directed Staff to further investi- gate styles of containers that are available. Council was apprised that as part of the formal AUTHORIZATION TO _`icing for a Drought Relief Grant, it is necessary FILE FOR GRANT that an authorizing resolution be adopted by the UNDER COMMUNITY City Council. Projects for which grant funds are EMERGENCY DROUGHT being sought are as follows: RELIEF ACT OF 1977 1) Redrill Well 7 RES. NO. 4376 Z) Pump extensions - Wells 1, 3, 4, 6, 9, and 11 3) Water meter purchase and installation on high water users. Discussion followed with questions regarding the subject being directed to Staff. On motion of Councilman Ehrhardt, Katzakian second, Council adopted Resolution No. 4376 authorizing the City Manager to sign and file for a grant under the Community Emergency Drought Relief Act of 1977 with Council requesting that the determination of the placement of the meters for high water users be made by the City Council. City Manager advised the Council that the contract ACCEPTANCE OF for the improvements in "Rivergate Drive Storm RIVERGATE DRIVE Drain, Turner Road to Mokelumne River", which STORM DRAIN had been awarded to ABC Underground Construction of Lathrop on December 15, 1976 in the amount of $39, 452. 00 had been completed in substantial con- formance with the plans and specifications approved by the City Council. On motion of Councilman Hughes, Katzakian second. the City Council accepted the improvements in "Rivergate Drive Storm Drain, Turner Road to Mokelumne River", and directed the Public Works Director to file a Notice of Completion with the County Recorder's Office. CITY HALL PARKING The Public Works Department had recently re - LOT DESIGN CONCEPT evaluated the City Hall parking lot concepts and pre, APPROVED sented for Council's scrutiny three alternatives. Council was advised that all three of the alternates me::t the City's design criteria, have good traffic circulation, and have an equivalent amount of land- scaping. -10- 1283 Minutes of July 20, 1977, continued CITY HALL PARKLNG LOT (Continued) Following discussion with questions being _ directed to Staff, Council, on motion of Councilman Ehrhardt, Katzakian second, approved City Hall Parking Lot design Alter- nate No. 3 by the following vote; Ayes: Councilmen - Ehrhardt, Katzakian and Katnich Noes: Councilmen - Hughes and Pinkerton Absent: Councilmen - None PLANS 8, SPECS FOR Plans and specifications for "Ham Lane Median, HAM LANE MEDIAN Harney Lane to Port Chelsea Circle,' were APPROVED presented for Council's approval. Council was _ advised that in general the work consists of con- struction of three median islands and that the work is to be done in conjunction with the recently approved English Oaks Manor, Unit No. 3 Subdivision. On motion of Councilman Ehrhardt, Katzakian second, Council approved the plans and specifies cations for "Ham Lane Median, Harney Lane to Port Chelsea Circle" and authorized the City Clerk to advertise for bids thereon. ACCEPTANCE OF Following introduction of the matter by City STREETS IN RIVER- Attorney Mullen, Council on motion of Councilman GATE MOKELUMNE Katzakian, Ehrhardt second, adopted Resolution SUBDIVISION No. 4377 accepting the offer of dedication of all public streets in the Rivergate Mokelumne Subdi- RES. NO. 4377 vision, Tract Map No. 926. City Attorney Mullen apprised Council that at his insistence many years ago, the City Clerk's certificate on subdivision maps reads as follows# MODIFICATION TO "This is to certify that at its regularly CITY CLERK'S held meeting on , the City Council of the CERTIFICATION ON City of Lodi approved this final map of Tract SUBDIVISION .BAPS No. , Subdivision of San Joaquin County, ' , ' City of Lodi, California, and accepted on behalf of the public the dedica, tion of all Public Utility Easements shown there- on and rejected the offer of all streets shown on said map until their improvement has been corn, p'eted in accordance with the Lodi City Code, Chapter 22. " The underlined language was requested by City Attorney Mullen so that the City would have no liability for injury to citizens who might be out checking a subdivision prior to completion of the streets and who could fall down and get hurt within the street. Council was advised that the City's standard sub- division agreement requirements now requires developers to furnish evidence of their holding a comprehensive liability bond and the City is named -I1- 284 Minutes of July 20, 1977, continued SUBDIVISION MAPS CERTIFICATE as an additional insured thereon. The result (Continued) is the need for the underlined language is no longer present and the City Attorney has recom� mended to the Director of Public Works that the underlined language be eliminated in future cer- tificates. Council tacitly concurred with the City Attorney's recommendation. AGREEMENT WITH Following introduction of Agenda Item No. "n" - FIRST AMERICAN "Approval of Agreement with the First American MUSICORPORATION Musicorporation for Soft Rock Concert to be hell APPROVED in the Stadium", a proposed agreement was pre- sented by City Attorney Mullen for Council's scrutiny. Mr. Mullen then briefed the Council on several minor modifications to the Agreement which he was proposing and answered questions regarding the matter as were directed by Council, On motion of Councilman Ehrhardt, Hughes second, Council approved Agreement with the First AmericanMus icorporation with modifications as out- lined by the City Attorney by the following vote, Ayes: Councilmen - Ehrhardt, Katnich, Pinkerton and Hughes Noes: Councilmen - Katzakian Absent: Councilmen - None Copies of the proposed "Member Agreement for MEMBER AGREEMENT Construction, Operation and Financing of NCPA FOR NCPA GEOTHERMAL Geothermal Generating Unit #2 Project" were GENERATING UNIT NO. 2 presented for Council perusal and approval. PROJECT APPROVED Councilman Hughes briefed the Council on the conditions of the proposed Agreement and answered questions as were directed by Council. On motion of Councilman Hughes, Ehrhardt second, Council approved the "Member Agreement for con- struction, operation and financing of NCPA Geothermal Generating Unit No. 2 Project" and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. Following introduction of the matter by City Manager Glaves, Council took the following action; SALARY RANGES ESTABLISHED FOR a) On motion of Councilman Katzakian, Ehrhardt CERTAIN UNCLASSIFIED second, adopted Resolution No. 4378 establishing PERSONNEL salary ranges for certain unclassified personnel as follows: RES. NO. 4378 Planning Director $2030.00 - $2460.00 Finance Director $2030.00 - $2460.00 Fire Chief $2120.00 - $2565.00 Police Chief $2230.00 - $2700,00 -12- 285 Minutes of July 20, 1977, continued SALARY RANGES Public Works Director $2350.00 - $2845.00 'UNCLASSIFIED RES. NO. 4378 Recreation Director $1885.00 - $2285.00 (Continuer -4) Assistant City Manager $2060.00 - $2490.00 Administrative Assistant $1445.00 - $1750.00 Utility Director $2275.00 - $2755.00 SALARY INCREASE b) On motion of Councilman Katzakian, Ehrhardt GRANTED TO CITY second, Council adopted Resolution No. 4379 MGR., CITY ATTORNEY granting a 6-1/2% salary increase for the City AND CITY CLERK Attorney, City Clerk and City Manager. RES. NO. 4379 Multiple Family", having been introduced at a UPDATE ON DEVELOP- City Manager Glaves apprised the Council that MENT IMPROVEMENTS Mr. Richard J. Thorpe had signed and returned AT 351 N. BECKMAN RD, the Agreement to install storm drainage improve- ments at 351 N. Beckman Road and approving deferring the installation of curb, gutter and side- walk improvements at that location. ORDINANCES REZONING AREAS OF Ordinance No. 1112 entitled "Ordinance Rezoning BECKMAN PARK those areas designated for residential purposes on the Development Plan for Beckman Park from R- 1, Single -Family Residential to P -D(15), Planned ORD. NO, 1112 ADOPTED Development District No. 15" having been introduced at a regular meeting of the Lodi City Council he14 July 6, 1977 was brought up for passage on motiop pf Councilman Ehrhardt, Katnich second. Second read- ing was omitted after reading by title and the Ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Katzakian ORD. ADOPTING GENERAL Ordinance No. 1113 entitled "Ordinance adoptiq PLAN AMENDMENT NO. General Plan Amendment No. 77-2 which modifies 1 1-2 MODIFYING LAND USE the Land Use Element by designating certain area$ ELEMENT as Commercial, Commercial -Professional and Multiple Family", having been introduced at a ORD. NO. :113 ADOPTED regular meeting of the Lodi City Council held July 6, 1977 was brought up for passage on motion of Councilman Pinkerton, Ehrhardt second. Second reading was omitted after reading by title and the Ordinance was then passed, adopted and ordered to print by the following vote: -13- 286 Minutes of July 20, 1977, continued ORDINANCE ADOPTING Ayes: Councilmen - Ehrhardt, Hughes, GEN. PLAN Pinkerton and Katnich AMENDMENT 77-Z ORD. NO. 1113 Noes: Councilmen - None (Continued) Absent: Councilmen - None Abstain: Councilmen - Katzakian ORD. AMENDING Ordinance No. 1114 entitled "Ordinance CER'T'AIN AREAS amending Planned Development District No. 15 OF P -D(15) (P -D(15) ) by adding certain areas for Commercial, ORD. NO. 1115 Commercial -Professional and Multiple Family uses ORD. NO. :114 and reversing the decision of the Planning Com - ADOPTED mission", having been introduced at a regular meet. ORD. NO. 1116 ing of the Lodi City Council held July 6, 1977 was ADOPTED brought up for passage on motion of Councilman Ehrhardt, Pinkerton 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 - Ehrhardt, Hughes, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Katzakian UNIFORM FIRE Ordinance No. 1115 entitled, "An Ordinance CODE adopting the 'Uniform Fire Code', 1976 Edition, FOR TRUSTEES AND and the appendixes thereto, which code provides ORD. NO. 1115 regulations governing the conditions hazardous to ADOPTED life and property from fire or explosion; repealing Section 10- 1 of the Code of the City of Lodi and all ORD. NO. 1116 other ordinances and parts of ordinances in conflict ADOPTED therewith", having been introduced at a regular meeting of the Lodi City Council held July 6, 1977 was brought up for passage on motion of Councilman Pinkerton, Katzakian 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 - Ehrhardt, Hughes, Katzakian}, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None ADOPTING CONFLICT Ordinance No. 1116 entitled "An Ordinance adopting OF IN_EREST CODE a Conflict of Interest Code for the Trustees and FOR TRUSTEES AND Employees of the Lodi Public Library" having been E1\,IPLOYEES OF LODI introduced at a regular meeting of the Lodi City PUBLIC LIBRARY Council held July 6, 1977 was brought up for passage on motion of Councilman Ehrhardt, Katzakian second ORD. NO. 1116 Second reading was omitted after reading by title, anA ADOPTED the Ordinance was then passed, adopted and ordered to print by the following vote: -14- 287 Minutes of July 20, 1977, continued ADOPTING CONFLICT Ayes: Councilmen - Ehrhardt, Hughes, OF INTEREST CODE Katzakian and Katnich FOR LIBRARY ORD. NO. 1116 Noes: Councilmen - Pinkerton Absent: Councilmen - None ADJOURNMENT There being no further business to come before the Council, Mayor Katnich adjourned the meeting at approximately 12:03 a. m. Attest:] A �.IC M. C CITY CLERK -15-