HomeMy WebLinkAboutAgenda Report - November 4, 1987 (47)pe
CITY COUNCIL MEETING
NOVEMBER 4, 1987
APPEAL REGARDING Following introduction of the matter by City Manager
REQUIREMENT THAT Peterson, Public Works Director Ronsko gave the following
ALL STORM DRAINAGE staff report, presented diagrams of the subject area, and
PASS THROUGH THE responded to questions regarding the matter.
CITY APPROVED SAND
AND OIL TRAPS PRIOR At the City Council meeting of September 30, 1987, the
TO ENTERING THE Council received an appeal letter from Mr. Alegre's
CITY'S STORM DRAIN attorney. This letter is appealing the City's requirement
SYSTEM for onsite storm drainage to pass through an oil and sand
trap separator prior to discharging into the City's storm
CC -53{b) drain system.
CC -176.........
Subdivision Ma
A copy of the tentative parcel map submitted by Mr.
Alegre's engineer to the Planning Commission for approval
was presented for Council review. As part of this map
submittal, Mr. Alegre was developing fivenew lots.,and
changing the configuration of. his existing parcel. Under
the City Code Title 16, Subdivisions, Section 16.24.030,
the subdivider is required to put .in improvements
conforming to City design standards and construction
specifications. Under the Cluff Avenue Assessment
District, all of the major offsite improvements including
curb, gutter, ``sidewalk, street, water', sewer, storm
drainage, including the storm drain lateral into':=Mr.
Alegre's parcel for future use, were installed. Since the
construction of the assessment district improvements,; new
City requirements have been required on industrial
developments.
The Planning Commission approved the tentative map with the
following conditions:
I. that the following items be accomplished prior to the
recording of the Final Map:
a. dedication of public utility easements as
requested by the various utility companies and the
City of Lodi.
b. dedication of a corner cut-off on Parcel "A".
c. provisior, of a copy of Well Abandonment Permit
from the county for any on-site wells abandoned
during development or certification by the
developer's engineer that: none existed prior to
conversio!; from agricultural and residential to
industrial use;
d. map to have standard note: "Requirements to be
met at time of development or Building Permit"; and
e. all six lots to be graded to enable storm drainage
to be collected on-site and transported to City
system in conformance with present City standards;
and
2. that the following items be accomplished at time
of development or issuance of Building Permit;
a. Parcel "D" and "E" to have special commercial
driveways conforming to City Standard Plan No. 111;
b. payment of the appropriate fees in effect at that
time;
Water service for Parcels "A" and "B"
Sewer service for Parcels "A" and "B"
Storm drainage service to all parcels not already
serviced
c. all storm drainage to pass through City approved
sand and oil trap and enter City Storm drain system
in a City manhole or through the back. of City catch
basin; and
d.b On-site Fire Protection per Fire Department
requirements.
Mr. Alegre is appealing only the conditions as they apply
to his existing developed property and not as they apply to
the new lots.
It should be noted that Mr. Alegre is now processing a
revised tentative map which-emoves the existing parcel
from the map. The new map will eliminate the oil and sand
separator installation requirement on his existing parcel.
City's Responsibility to Protect Receiving Waters
At the time the City received approval for the Cluff Avenue
Storm Drain Outfall into the Mokelumne River, the City
agreed to control the discharges from the industrial areas.
Approvals from the Regional Water Quality Control Board and
the Department of Fish and Game were presented fcr
Council's review. Shown below are conditions of these
approvals that apply to this subject.
Regional Outer Qua Ccr.tro= Baa rd
"N'-, significant threat Yater a!lality should result from
this activity provided the City, through its land use
permits or similar measures, strictly regulates industries
served by the storm drain system to adhere to good
housekeeping practices, minimize spills, prevent illegal
discharges, etc., which would otherwise drain to the
Frokelumne River.
Department of Fish and Game
"2. All industrial waste discharge such as concrete
washing, petroleum products, rubbish and others will
not be allowed to enter storm drain to river.
3. Sump to be installed in drain system to catch heavy
solids and debris and to be checked and cleaned
periodically.
4. Discharge into river to confirm to Water Quality Board
Standards.
20. No debris, soil, silt, sand, bark, slash, sawdust,
rubbish, cement or concrete or washings thereof, oil
or petroleum products or othr organic or earthen
material from any logging, construction, or associated
activity of whatever nature shall be allowed to enter
into or placed where it may be washed by rainfall or
runoff into, waters of the State."
New Citv Requirements
In August of this year, changes in the requirements on
industrial developments ware made. A copy of these changes
were presented for Council review. At the time that these
requirements were implemented, copies of the requirements
were sent to the local consulting engineers.
These requirements had been contemplated for some time and
were finally implemented after experiencing an increasing
number of hazardous waste discharges into the storm drain
system from all types of industrial uses and from having a
major hazardous waste discharge into the Mokelumne River.
Under the City's discharge requirements from the Regional
Wates- Quality Control Board and the Department of Fish and
Game on the Cluff Avenue Outfall into the Mokelumne River,
together with the requirements under our agreement with
Woodbridge Irrigation District, the City of Lodi hai an
obligation to control the discharges into all receiving
waters.
Because of what the City was experiencing in illegai
discharges, the City's obligation under existing agreements
to control these discharges and EPA's Clean Water Act
restrictions of st-orm drainage dis--harges, the chanes in
industrial development requirements were implemented on
August 4, 1987.
Recent Developments
Since August 4, these requirements have been applied
uniformly to all industrial tentative maps and building
plans being processed by the City. Listed below is a recap
of sand and oil traps required and installed to date:
Sand and oil traps required and installed 3
Sand and oil traps required but not yet installed 7
City's Authority
City Code Title 12, Public Services, Section 13.12.510,
Monitoring Facilities, as shown below, clearly gives the
Public Works Director (without Council approval) the
authority to require a monitoring facility on an internal
storm drainage system. This authority can be applied to
any existing user where it is in the City's best interest
to have such monitoring facility installed.
13.12.510 Monitoring facilities
A. The public works director may require the user to
construct and maintain, at the user's expense,
monitoring facilities which meet all government safety
regulations (OSHA) to allow inspection, sampling and
flow measurement of the building sewer 6r internal
storm drainage systems and may also require sampling or
metering equipment to be provided, installed, operated
and maintained at the user's expense.
Under the Subdivision Map Act, the Lity has the right to
attach conditions to any tentative map that will mitigate
the impacts caused by the development's use.
City Code Title 16, Subdivisions, requires the developer of
a subdivision to put in improvements in conformance with
the City standards.
Speaking on behalf of the appeal were:
1) Mr. Albert M. Ellis
Attorney -at -Law representing Mr. Frank Aleare, Sr.
Law Offices of Rishwain, Hakeem, Ellis and LeSeouf
2800 West March Lane, Suite 200
Stockton, California
2) Mr. Frank Alegre, Sr.
2000 Edgewood Drive
Lodi, California
Mr. Yosh Mataga, 1911 Edgewood Drive, Lodi, California,
addressed the Council stating that he isn't against the
g
requirement, but that he doesn't like being singled out.
L'
Mr. Mataga's comments were directed to requirements being
{_
imposed on his automobile agency located at 880 Beckman
Road, Lodi.
There being no other persons in the audience wishing to
address the Council on the matter, the public portion of
the hearing was closed.
E
S
A very lengthy discussion followed with questions being
directed to Staff and to those who had given testimony.
On motion of Council Member Hinchman, Olson second, Council
denied Mr. Alegre's appeal.
CITY OF LORI
PUBLIC WORKS DEPARTMENT COUNCIL CONIM UN I CATION
TO: City Council
FROM: City Manager
MEETING DATE: November 4, 198;
AGENDA TITLE: Public Nearing to Consider Appeal of Mr. Frank Alegre Sr.,
910 N. Cluff Avenue, Lodi, of the Planning Commission's
Action Requiring All Storm Drainage to Pass Through the
City -Approved Sand and OiI Traps Prior to Entering the City's
Storm Drain System
RECOMMENDED ACTION: That the City Council hear the appeal of Mr. Alegre,
together with the staff report, and take the appropriate action.
BACKGROUND INFORMATION: At the City Council meeting of September 30, 1987,
the Council received the attached appeal letter from Mr. Alegre's attorney
(see Exhibit A). This letter is appealing the City's requirement for onsite
storm drainage to pass through an oil and sand trap separator prior to
discharging into the City's storm drain system.
Subdivision Map
Attached as Exhibit B is a copy of the tentative parcel map submitted by Mr.
Alegre's engineer to the Planning Commission for approval. As part of this
map submittal, Mr. Alegre was developing five new lots and changing the
configuration of his existing parcel. Under the City Code Title 16,
Subdivisions, Section 16.24.030, the subdivider is required to put in
improvements conforming to City design standards and construction 8
specifications. Under the Cluff Avenue Assessment District, all of the major €
offsite improvements including curb, gutter, sidewalk, street, water, sewer,
storm drainage, including the storm drain lateral into Mr. Alegre's parcel
for future use were installed. Since the construction of the assessment
F
district improvements, new City requirements have been required on industrial
developments. s
The Planning Commission approved the tentative map with the conditions shown
in the letter from the City to Mr. Alegre's engineer attached as Exhibit C.
Mr. Alegre is appealing only the conditions as they apply to his existing
developed property and not as they apply to the new lots.
It should be noted that Mr. Alegre is now processing a revised tentative map
which removes the existing parcel from the map. The new map will eliminate
the oil and sand separator installation requirement on his existing parcel.
APPROVED:
tv Manager
FILE NO.
CALEGRE/TXTW.02M October 29, 1987
City Council
November 4, 1987
Page 2
City's Responsibility to Protect Receiving Waters
At the time the City received approval for the Cluff Avenue Storm Drain
Outfall into the Mokelumne River, the City agreed to control the discharges
from the industrial areas.
Approvals from the Regional Water Quality Control Board and the Department of
Fish and Game are attached as Exhibits D and E. Shown below are conditions
of these approvals that apply to this subject.
Regional Water Quality Control Board
"No significant threat to water quality should result from this activity
provided the City, through its land use permits or similar measures,
strictly regulates industries served by the storm drain system to adhere
to good housekeeping practices, minimize spills, prevent illegal
discharges, etc., which would otherwise drain to the Mokelumne River."
Department of Fish and Game
"2. All industrial waste discharge such as concrete washing, petroleum
products, rubbish and others will not be allowed to enter storm
drain to river.
3. Sump to be installed in drain system to catch heavy solids and
debris and to be checked and cleaned periodically.
4. Discharge into river to conform tc Water Quality"Board Standards.
20. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement
or concrete or washings thereof, oil or petroleum products or
other organic or earthen material from any logging, construction,
or associated activity of whatever nature shall be allowed to
enter into or placed where it may be washed by rainfall or runoff
into, waters of the State."
New City Requirements
In August of this year, changes in the requirements on industrial
developments were made. A copy of these changes is attached as Exhibit F.
At the time that these requirements were implemented, copies of the
requirements were sent to the local consulting engineers.
These requirements had been contemplated for some time and were finally
implemented after experiencing an increasing number of hazardous waste
discharges into the storm drain system from all types of industrial uses and
from having a major hazardous waste discharge into the Mokelumne River.
Under the City's discharge requirements from the Regional Water Quality
Control Board and the Department of Fish and Game on the Cluff Avenue Outfall
into the Mokelumne River, together with the requirements under our agreement
with WID, the City of Lodi has an obligation to control the discharges into
all receiving waters.
City Council
November 4, 1987
Page 3
Because of what the City was experiencing in illegal discharges, the City's
obligation under existing agreements to control these discharges and EPA's
Clean Water Act restrictions of storm drainage disch- ges, the changes in
industrial development requirements were implemented on August 4, 1987_
Recent Developments
Since August 4, these requirements have been applied uniformly to all
industrial tentative maps and building plans being processed by the City.
Listed below is a recap of sand and oil traps required and installed to date:
Sand and oil traps required and installed 3
Sand and oil traps required but not yet installed 7
City's Authority
City Code Title 13, Public Services, Section 13.12.510, Monitoring
Facilities, as shown below, clearly gives the Public Works Director (without
Council approval) the authority to require a monitoring facility on an
internal storm drainage system. This authority can be applied to any
existing user where it is in the City's best interest to have such
monitoring facility installed.
13.12.510 Monitoring facilities.
A. The public works director may
require the user to construct and main-
tain. at the users expense. monitoring
facilities which meet all government
safety regulations (OSHA) to allow
inspection. sampling and flow measure-
ment of the building sewer or internal
storm drainage systems and may also
require sampling or metering equipment
to be provided. installed, operated and
maintained at the users expense.
Under the Subdivision Map Act, the City has the right to attach conditions to
any tentative map that will mitigate the impacts caused by the development's
use.
City Code Title 16, Subdivisions, requires the developer of a subdivision to
put in improvements in conformance with the City standards.
Jack,\ L. Ronsko
( Publ c Works Director
a
Attachments
2800 West March Lane
Suite 200
Stockton. California 95207
209 474 2800
RISHWAIN HAKEEM, ELLIS & L.E$EOUr
A rrofessionai Corgorahon
September 25, 1987
Robert J. Rishwam
Michael D. Hakeem
Albert M. Ellis
Alice
M. Re imch e
David R. LeBeouf
City
Clerk
Michael R. Norton
City
of Lodi
Renee M. Marengo
Teresa G. Richardson
221 W.
Pine Street
Linda Lofthizi
Lodi,
California 95240
Jeffrey A. Silvia
Mani S. Rishwain
Donald F. Mull
Re: Tentative Parcel
Doris M. Powell. P.L.
Frank Alegre, Sr.
04-080-61 and 62
Dear Ms. Reimche:
Exhibit i A
HAND DELIVERED
Map 87P010
- 910 N. Cluff Ave.
Please view this correspondence as our notice of
complaint filed with your office concerning the above -
referenced action of the Lodi City Planning Commission at
its meeting of Monday, September 14, 1987.
Specifically, the Planning Commission's action is
requiring all storm drainage to pass through the City
approved sand and oil traps prior to entering the City's
storm drain system is the subject of my client's complaint.
Based on the cost that my client would sustain as a result
of implementing such procedures, as well as the fact that
the above -referenced tentative parcel map does not
substantially effect the property in question that would be
burdened by the oil traps, my client and I both strongly
feel that such procedures would require undue hardship and
burden on the Alegre Trucking Company.
in addition to the economic burdens imposed on my
client as a result of the Planning Commission's
suggestions, my client and I are also quite concerned. with
the fact that no other existing business has been made to
comply with these rather stringent criteria. Furthermore,
according to the individuals that testified on behalf of
the City before the Planning Commission, this procedure for
the implementation of oil traps has been unilaterally
created by City staff without the input or approval of the
Council. In light of these issues, several of the Planning
Commissioners at the September 14, 1987 hearing recommended
that the Council study the necessity of oil traps, which
are to be implemented on a City wide basis.
Alice M. Reimche
September 25, 1987
Page Two
Consequently, in light of the foregoing, I would
request your placing this matter on the City Council agenda
pursuant to Government Code Section 66451.3.
Should you have any questions, please do not
hasitate to contact my office.
Very truly yours,
RISHWAIN, HAKEEM, LLLIS & LeBEOUF
A Professional Corporation
By: 0.
ALBERT M. ELLIS
AME/cdz
cc: Mr. Frank Alegre, Sr.
Exhibit B
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CITY COUNCIL
EVELYN M. OLSON, Mayor
JOHN R. (Randy) SNIDER
Mayor Pro Tempore
DAVID M. HINCHMAN
JAMES W. PINKERTON. Jr.
FRED M REID
September 15, 1987
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
CALL BOX 3006
LODI. CALIFORNIA 952 41-1 91 0
(209) 334-5634
TELECOPIER : (2M) 3336795
Mr. Terry Piazza
c/o Baumbach and Piazza, Consulting Engineers
323 West Elm Street
Lodi, CA 95240
RE: Tentative Parcel Map - 87 P 010
Frank Alegre, Sr. - 910 N. Ciuff Avenue
049-080-61 and 62
Exhibit C
E
THOMAS A. PETERSON
City manager
ALICE M. REIMCL-iE
City Clerk
RONALD M. STEIN
City Attorney
At its meeting of Monday, September 14, 1987 the Lodi City Planning
Commission conditionally approved your request on behalf of Frank
Alegre, Sr. to divide 910 North Cluff Avenue (APN's 049-080-61 and 62)
into five parts with Parcel "A" containing 0.6 acres; Parcel "6"
containing 0.6 acres; Parcel "CO containing 0.6 acres; Parcel "D"
containing 1.9 acres; and Parcel "E" containing 1.9 acres in an area
zoned M-2, Heavy Industrial.
The Planning Commission's. approval is subject to the following
conditions:
1. that the following items be accomplished prior to the recording
of the Final Map:
a. dedication of public utility easements as requested by the
various utility companies and the City of Lodi;
b. dedication of a corner cut-off on Parcel "A";
C. provision of a copy of Well Abandonment Permit from the
county for any on-site wells abandoned during development or
certification by the developer's engineer that none existed
prior to conversion from agricultural and residential to
industrial use;
d. map to have standard note: "Requirements to be met at time
of development or Building Permit"; and
e. all six lots to be graded to enable storm drainage to be
collected on-site and transported to City system in
conformance with present City standards; and
Mr. Terry Piazza
C/o Baumbach and Piazza
Consulting Engineers
September 15, 1987
Page 2
2. that the following items be accomplished at time of development or
issuance of Building Permit;
a. Parcel "D" and "E" to have special commercial driveways
conforming to City Standard Plan No. 111;
b. payment of the appropriate fees in effect at that time;
Water service for Parcels "A" and "B"
Sewer service for Parcels "A" and "B"
Storm drainage service to all parcels not already serviced.
C. all storm drainage to pass through City approved sand and
oil trap and enter City Storm drain system in a City manhole
or through the back of City catch basin; and
d.b On-site Fire Protection per Fire Department requirements.
Section 16.36.010 provides as follows:
"Any interested person adversely affected by any decision of the
advisory agency (i.e. Planning Commission) may file a complaint
with the City Clerk concerning such decision. Any such complaint
shall be filed with the City Clerk within fifteen days after the
action which is the subject of the complaint. The City Council
may, in its discretion, rejects the complaint, the complainant
shall be notified of such action. If the matter is set for Public
Hearing, the hearing shall be conducted and notice thereof given
as provided by Government Code Section 66451.3.
If you, your client, or his agent wish to complain to the City Council,
you, or they, must correspond with Alice M. Reimche, City Clerk. The
correspondence must be received by her before 5:00 p.m., Tuesday,
September 29, 1987.
Sincerely,
c�
J S B. SCHROEDER
C unity Development Director
cc: Frank Alegre, Sr.
Albert M. Ellis, Attorney at Law
City Clerk
Public Works Director,
��Exhibit D
STATE OF CALIFORNIA—RESOURCES AGE. .{ EDMUNDtG BR0VM JR.. Gw,.,,
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
=1 S STREET
SACRAMENTO, CALIFORNIA 95816
Phom: (916) 445 -WO
i7 March 1980
Mr. Jack L. Roasko,
Public Works Director
City of Lodi
21-1 West Pine Street
Lodi, California 95240
CITY OF IADI`S EAST AREA STORM DRAIN PROJECT
Thank you for submitting the request for car t:.fication of coaformance with
applicable water quality standards for the subject report. We have reviewed
the project.
No significant threat to water quality should result frac this activity pro-
vided the City, through its land use permits or similar measures, strictly
regulates industries served by the storm drain system to adhere to good
housekeeping practices, minimize spills, prevent illegal discharges, etc.,
which would otherwise drain to the Mbkulumne River.
Therefore, we anticipate no further action by our agency on this project.
Should further investigation reveal a potential water -Quality problem, we
will proceed with formulation of waste discharge requirements.
FRANK N,CDERHOTT
Area Engineer
Delta Watershed
FOM/ap
cc: Corps of Engineers
State of Californias Reclauwtion Guard
Department of Fish & Game, Region I1
RECEIVED
CITY OF LODI
PUbL 1C *UN K j 1. L rA K1 MINT
Exhibit E
Z` ' ifi_ation iso- g' 0
AGREEMENT REGARDRVG PROPOSED STREAMOR LASE ALTERATION
THIS AGREEMENT, entered into between the State of California., Department of Fnh and Game,
hereinafter called the Departm tL�-.,� City of Lodi.
of Lodi i State of �, M, a hereinafter called the operator, is as follows:
pursuant to Section 1601-1603 of California Fish and Cama Code, the operator, on
the lay of b T49nodfied the Department that he intends to substantially divert
or obstruct the naiirral flow of; or substantially change the bed, channel, or bank: of, -or use materW from the
�h^earr�b�othe following water: btokelt=nfi River in the County of
_ aa�� .T State of California, S 3 T 'N R 7
WHEREAS, the Departme4t hereby certifies that an inspection of subject area %vas made on the 2nd
day of 19 ttiS!- by the following Department personnel:
Ernest A. Nies, Fish rad Game 'Ta,Tiien and it was
determined that an existing fish or game resource may be substantially adversely affected by such opembozu..
'THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's
work. The hereby agrees to accept the following recommendations as part of his work:. Numbers
1. 2.-1, 10, 11, 15- �* 22 from the. hist of rewromeadatioas on the
bark of this page and the following special recommendat fans:
L . All work in or near the stream or lake shall be confined to the period October 1. 19$0 to
September 1, 19810,
A3.L waste discharge auah as oonarete MELdM, petrolettmyroducts,
others win mot be &110"d to enter sto= drain to river.
3.Snmtp to be installed in drain system to catch heavmsoUds and debris t3n8 to
be obselmd and, cleaned- periodica11Y*_
into river toWater
S,_Dtoti_v Department a am* chaaIMs Afrk9ting n1ans
If the operattoes work changes from that stated in the notification specified above: this apecummt is no -
longer valid and a new notification shall be submitted to the Department of Fish and Came. Failure to comply
with the, provisions of this agreement and- with other pertinent -Code Sedioas, fmdudbW but not limited to
Fish and Came Code Sections MM, 5652 and 5948, may result in prosecution,
Nothing in this agreement authorizes the operator to trespass on my land or property, nor does it relieve,
the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. -
This agreeiper /becomes , ue vGan _,_§/6/80 and terminates 9 A ZM
Title C i tit Maliape r
Organi=tiori___Li_t y_af l of i i -
Date -....iirr-e- 1 QR7
Tide Fish and Game Naxden
" I
Department of Fish and Game, State of California
Date 6/6/80
FG 1060 tie-T7�
F
i
i
I; i.F_COMMENDATIONS
L Disturbance or removal of vegetation shall not exceed
the minimum necessary to complete operations. The
disturbed portions of any stream channel or lake mar-
gin within the high water mark of the stream or lake
shall be restored to as near their original condition as
possible.
2. Restora:;an shall include the revegetation of. stripped
or exposed areas.
3. Rock, riprap, or other erosion protection shall be placed
in areas where vegetation cannot reasonably be expected
to become reestablished.
4 Installation of bridges, culverts, or other structures shall
be -such that :eater flow is not impaired andu-tstrearn
or downstream passage of fish is assured at all times
Bottoms of tempporar3' culverts shall beplaced at or
below stream channel grade. Bottoms of permanent
I its shall be 1 --A bolo d
nary to construct barriers or fills. If work in the Iake
is unavoidable, a curtain enclosure to prevent siltation
of the lake beyond the immediate working area shall
be installed. The enclosure and any supportive material
shall be removed when the work is completed-
13.
ompleted
13. Silt settling basins shall be located away from the stream
or lake to prevent discolored, silt -bearing wat,-r from
reaching the stream or lake.
14. Preparation shall be made so that runoff from steep,
ero")e surfaces will be diverted into stable areas with
little erosion potential. Frequent water checks shall be
placed on dirt roads, cat tracks, or other work trails to
control erosion.
15. Wash water containing mud or silt from aggregate wash-
ing or other operations shall not be allowed to enter a
lake or flowing streams.
cu ve p a w stream ebar:nel gra e. 16. A silt catchment basin shall be constructed across the
5. Plans for design of concrete sills and other features stream immediately below the prajea site. This catch -
that could potentially impede fish migrations must be- ment basin shall be constru= of gravel which is free
approved by Department engineers. - from mud or silL Upon completion of the project and
after all flowing water in the area is clear of turbidity,
8. When any dam (any artif-cial obstruction) is being the gravel along with the trapped sediment shall be
constructed, maintained, or placed in operation, suS- removed from the stream.
lim
tient wiLter shall at all es be allowed to pass down-..__. - - . _- . -
stream to . maintain fishlife. below the dam. - 1T. ' R 'operations require . movine conducted
g of cqui t across a
7_ An adequate fish pstssage faciljy must be fnearporated� `•witbb%it substantially fzy�g 'stream turbidity. For
into any barrier that obstructs i`flowing stream, such Operations shalf bbpassage-
repeated crossmM the operator shall install a bridge,
$. An dam- any artificial obstruction] constructed- shall ' culvert or rock ming.
only b.e built from material such as dean washed gravel..
which" will cause little or no'siltation."
9.
10.
Equipment shall not be operated in the stream channek- .
of flowing live: streams. except. as may, be any • to - -
construct -crossings or 'battlers and fills at ochaanel
changes.. -
Zphen work in a flowing -stream is unavoidable, the
entire streamffow shall be diverted around the. work
area by a barrier, temporary culvert, and/or a new '
channel capable of permitting upstream and down-
stream fish movement. Construction of the barrier' '
andJ or =the =nevi chinsel -shall'normally -begot in the
downstream area and •continue in an &psiztam direct- .
tion, and the flow shall be diverted only when con-
struction of the diversion is completed. Channel bank
or barrier construction shallbe adequate to prevent
seepage into or from the wort. area Channel banks or
barriers shall -not be maiie'of eaith or other substances
subject to erosion unless first enclosed by sheet piling,
rock riprap, or other protective material. The enclosure
and the supportive material shall be removed when
the wort: is completed and the removal shall normally
proceed from downstream in an upstream -direction...
IL Temporary fills shall be constructed of nonerodibls
materials and sliall be removed immediately upon work
completion.
M Equipment shall not be operated in the lake or its
margin -except during excavation and as may be nett. -s -
M If a -stream channel hbs' been 'ah&ed�:ddring the opera'
tions, its low flow channel shall be returned as nearly
.as possible to its natural state yrfthqut creating a possible
`future bank.erosion.p;oblem,:or.a:flat wide cbaurvel or
sluice�like area. If -a lake' margin' has • been"altered, it
shall be returned as nearly as nos
si'ble to its natural
state without cxeatiag A future bank erosion problem.
The gradient of the streambed or lake margin shall be
as � possible the: samb gradie t 'as existed prior
19. Structures and associated materials not designed to
wit!istand high seasonal flows shall be removed to areas
above the high water mark before such Bows occur.
20. No debris, sod, silt, sand, bark, slash, sawdust, rub-
bish, cement or concrete. or washings thereof, oq or
petroleum products or other organic or earthen material
fsorn any logging, construction, or associated activity
of whatever nature shall be allowed to enter into or
placed where it may be washed by rainfall, or runoff
into, waters of the State. When operations are .lom-
Nted, any excess materials or debris shall be removed
fm the work area. No rubbish shall be deposited
within 154 feet of the high water mark of any stream
or lake.
21. t•he operator will notify the Department of Fish and
Game of the date of completion of operations at least
five clays prior to such completion.
Exhl bI t F
MEMORANDUM, City of Lodi, Public WorLs Department
TO: Engineering Personnel
FRCM: Public Works Director
DATE: August 4, 1987
SUBJECT: Modification to Storm Drainage Design Criteria for Industrial
Uses and Industrial Toning
Effective immediately, the following changes apply to all new m.p submittals
and any onsite plans and building plans currently being processed.
For industrial .zoning and existing industrial uses, the following require-
ments shall apply:
I. All storm dc nage on industrial parcels shall oe picked up in an
onsite drainay. system. Refer to Item #6 for possibip exceptions.
2. The onsite drainage system shall be tied to the City's storm drain
system, either at the back of a City catch basin or at a storm drain
manhole on the City's system.
3. A "sand and oil trap" conforming to City of Lodi Standard Plan 205
shall be constructed on new storm drain discharge lines. The City may
also require a sand and oil trap on existing storm drain discharge
lines or through -the -curb drains.
4. All sand and oil traps shall be readily accessible and on the street
side of all fences and gates and not in the sidewalk area.
5. No storm drainage will be allowed to flow over the curb, gutter, and
siJewalk into the street. Roof drainage may be tied directly to a
"through -the -curb drain" per Standard Plan 129. Exceptions are
driveway approaches and landscaped areas adjacent to sidewalks.
6. With approval from the Public Works Director, smaller industrial
parcels may be allowed to drain through the curb face. This approval
shall depend upon existing street conditions, the location of City
storm drain facilities, and the site and use of the parcel. Onsite
drainage must still flow through a sand and oil trap.
&J►
JackRonsko
orks Director
JLR/ma
cc: Street Superintendent
Water/Wastewater Superintendent
PUBLIC HEARING
NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO
CONSIDER THE APPEAL OF MR. FRANK ALEGRE, SR., 910 NORTH CLUFF AVE"'UE, LODI,
OF THE LODI PLANNING COMMISSION'S ACTION REQUIRING ALL STORM DRAINAGE TO
PASS THROUGH THE CITY APPROVED SAND AND OIL TRAPS PRIOR TO ENTERING THE
CITY'S STORM DRAIN SYSTEM.
NOTICE IS HEREBY GIVEN that on the 4th day of November, 1987, at the hour of
7:30 p.m. or as soon thereafter as the matter may be heard, the Lodi City
Council will conduct a public hearing in the chambers of the Lodi City
Council at 221 West Pine Street, Lodi, California, to consider the appeal of
Mr. Frank Alegre, Sr., 910 North Cluff Avenue, Lodi, of the Lodi Planning.
Commission's action requiring all storm drainage to pass through the City
approved sand and oil traps prior to entering the City's storm drain system.
Information regarding this item may be obtained in ;he offi:e of the City
Clerk at 221 West Pine Street, Lodi, California. Al' interested persons are
invited to present their views either for or against the above proposal.
Written statements may be filed with the City Clerk 4t any time prior to the
hearing scheduled herein and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City Clark, 221
West Pine Street, Lodi. at, or prior to, the public hearing.
Date: October 14, 1987
BY ORDER OF THE LODI CITY COUNCIL
Alice M. Reimche
City Clerk
CITY COUNCIL
EVELI'N M OLSON..DER CITY O F L O D I
JOHN R (Randy) SNIDER
Mavor Pro Tempore CITY HALL. 221 WEST PINE STREET
DAVID M HINCHMAN CALL BOX 3006
TAMES W. PINKERTON. Ir LODI, CALIFORNIA 95241-1910
FRED M REID (209) 334-5634
..-:Cp`rlhR I.on1 tt}b795
November 6, 1987
Mr. Albert M. Ellis
Attorney -at -Law
Rishwain, Hakeem, Ellis and LeBeouf
2800 West March Lane, Suite 200
Stockton, CA 95207
Deer Mr. Ellis:
THOMAS A. "ETERSON
Crty -Manager
ALICE M. REIMCHE
City Clerk
RONALD M. STEIN
Cil' Attornev
This letter will confirm that the Lodi City Council, following a public
hearing on the matter, "denied the appeal of your client, Mr, Frank
Alegre, Sr., 910 North Cluff Avenue, Lodi, of the Planning Commission's
action requiring all storm drainage to pass through the City approved
sand and oil traps prior to entering the City's storm drain system.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
Very truly yours,
-
Alice M. Reimche
City Clerk
AMR:JJ