HomeMy WebLinkAboutMinutes - November 4, 1987v
CITY COUNCIL. CITY OF LODI
CITY HALL COUNCIL CHAMBERS
UEDNESD;,Y, N'OVEMSER 4, 1987
7:3C
ROLL CALL Pres_nt: Ceurcil Members - Hinchman, Pinkerton,
Reid, Snicer and Olson (Mayor)
Absent: COUnCil Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public forks Director !"
Ronsko, City Attorney Stein, and City Clerk 1
Reimche
INVOCATION The invocation was given by Reverend David Hill, Grace
Presbyterian Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Olson.
ALLEGIANCE
PRESENTATIONS There were no presentations, awards, or proclamatFv •5
presented at this meeting.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Mayor Pro Tempore Snider,
Reid second, approved the following items hereinafter i
forth. Item E-9 - "Receive report and recommendation. 1 --on
the Parks and Recreation Commission regarding the G -Ba.
(Golf Course) Master Plan, southeast corner of Ceni.
Boulevard and Lower Sacramento Road" was removed from
Consent Calendar and discussed under the Regular Calendar
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * x
CLAIMS CC -21(a) Claims were approved in the amount of $2,307,288.72.
PLANS AND SPECIFICA-
TIONS FOR STORM DRAIN
AND PUMP STATION
ABANDONMENTS, LC'riER
SACRAMENTO ROAD
AT LODI AVENUE,
APPROVED City Council approved the plans and specifications for
Storm Drain and Pump Station Abandonments, Lower Sacrame-;.o
CC -12.1(c) Road at Lodi Avenue and authorize advertising for bids.
This project consists of abandoning two storm water pump
1
stations. These stations handled storm water at iiie
intersection of Lower Sacramento Road and Lodi Avenue prior
to developing the area. With minor changes to the exist lig
piping in the street, the pump stations will no longer be
required. One station belongs to the City and one to the
County. The County will reimburse the City for t':
portion of the work. The project estimate of $3,500
nct include the County's portion, which is a compar,:,ie
amount.
SPECIFICATIONS FOR
-- -
S A."DBY GENERATOR
REPLACEMENT AT
PUELIC SAFETY
BUILDING, 230 t•IEST
ELM STREET, LODI,
APPROVED
Council approved the specifications for the Standby
CC -12.1(b)
Generator Replacement Publir_ Safety Building, 230 1 -lest Elm
Street, Lodi, and authorized advertising for bids thereon.
1
Continued Mo vember
4, 1987
This project includes the removal of the existing 1941
gasoline engine and generator assembly, the installation of
a new diesel powered enoine, generator with controls and,
wiring to the building's transfer electrical switching gear.
IMPROVEMENTS ACCEPTED
IN SUNWEST UNIT NO.
_
6, LOCATED IN THE
_
---
2200 BLOCK OF
GRENOBLE DRIVE
RES. NO. 87-148
Council adopted Resolution No. 87-148 accepting the
subdivision improvements included in Tract No. 2046,
CC -46
Sunwest Unit No. 6.
Improvements in Sunwest Unit No. 6 have been completed in
substantial conformance with the requirements of the
--
Subdivision Agreement between the City of Lodi and Chris R.
and LaVeta Keszler dated September 3, 1986, and as
specifically set forth in the plans and specifications for
the work.
IMPROVEMENTS ACCEPTED
IN IRIS PLACE,
1416 IRIS DRIVE
RES. NO. 87-149
Council adopted Resolution No. 87-149 accepting the
subdivision improvements in Iris Place, 1416 Iris Drive,
CC -46
Tract No. 2075.
Improvement in Iris Place, 1416 Iris Drive, have been
completed in substantial conformance with the requirements
of the Subdivision Agreement between the City of Lodi and
H&M Builders, dated January 28, 1987, and as specifically
set forth in the plans and specifications for the work.
COUNCIL CONCURS IN
PURCHASE OF AIR
COMPRESSOR The City Council concurred with the errergency purchase of
an air compressor for the Street Division of the Public
CC -20 Works Department.
CC -47 - —
The 1987/88 Cperating budget included 512,960 for the
purchase of an additional air compressor and accessories
for the Street Division. However, before bids could be
advertised, the existing 1979 air comoresscr failed,
leaving the Division without an air compressor. Staff has
not yet determined if the existing compressor is going to
be repaired or replaced. The Division borrowed air
compressors from the Utility Department and
Water/Wastewater Division when they were available. The
City was in a position where it would have to rent an air
compressor for 5400-5500 per week, if we could even find
one, which would fit accessories.
Because of this emergency situation and the time that would
be required to bid on an air compressor, informal quotes
were obtained from three companies on used -leased air
compressors. A claim was issued on October 13, 1987 -to
Tenco of West Sacramento for a 1985 used -leased
Ingersoll-Rand air compressor in the amount of $9,275.
This was done under Lodi Municipal Code Section 3.20.070
which allot -is the bidding process to be eliminated when an
emergency exists.
PUBLIC HEARINGS Notice thereof having been published according to law, an
affidavit of which publication is an file in the office of
the City Clerk, Mavcr Olson called for the Public Hearing
to consider the appeal of 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.
APPEAL REGARDING Following introduction of the _matter by City Manage
REQUIREMENT THAT Peterson, Public Works Director Ronsko gave the folldo-iih§
C 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
SYSTE14 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 Mao
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 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
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.
3
Continued November
4, 1967
RENEWAL OF CONTRACT
WITH THE FAMILY
SERVICE AGENCY
APPROVED FOR AN
EMPLOYEE ASSISTANCE
PROGRAM
Council approved the renewal of the contract with the
Family Service Agency for an employee assistance
CC -6
program and authorized the City Manager and City Clerk to
CC -90
execute the contract on behalf of the City.
COMMENTS BY CITY
COUNCIL ME14BERS
PAINTING OF
DOWNTOWN LIGHT
POSTS QUESTIONED
Council Member Pinkerton expressed his concern for the time
it is presently taking to repair and paint damaged light
CC -16
posts in the downtown area and suggested that a time -frame
be established to make such repairs.
SUGGESTION FADE TO
BRING THE SAN
FRANCISCO GIANTS
TO LOCI
Mayor Pro Tempore Snider, at.the suagesticr. of his son,
proposed bringing the Giants to Lodi in light of the defeat
of Proposition. W in the San Francisco election cn Tuesday.
CC .MENTS BY THE
FUBLiC ON NCN
AGENDA ITEMS
There were no persons wishing to speak under this segment
of the agenda.
PUBLIC HEARINGS Notice thereof having been published according to law, an
affidavit of which publication is an file in the office of
the City Clerk, Mavcr Olson called for the Public Hearing
to consider the appeal of 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.
APPEAL REGARDING Following introduction of the _matter by City Manage
REQUIREMENT THAT Peterson, Public Works Director Ronsko gave the folldo-iih§
C 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
SYSTE14 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 Mao
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 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
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.
3
Continued November 4, 19E7
The Plannine Co mission approved the tentative map with the
following conditions:
1. that the following items be acccrplished prior to the
recording of t*.e Final raap:
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
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. ill;
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 removes the existing parcel
from the map. The neer map will eliminate the oil and sand
separator installation requirement on his existing parcel.
City's Resconsibility to Protect Receiving !iaters
At the time the City received approval for the Cluff Avenue
Storm Drain Outfall into the Mlokelumne River, the City
agreed to control the discharges from the industrial areas.
Approvals from the Regional Water Quality Control Board and
the Deoartment of Fish and Game were presented for
Council's review. Shown below are conditions of these
approvals that apply to this subject.
4
Continued November 4, 1957
r Regional water (Duality 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
housekeeping practices, minimize spills, prevent ill l`
C discharges, etc., which would otherwise drain to the
Mokeiumne River."
Deoartment 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 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 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, :eaters 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
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 recuirements had been contemplated for some time end
were finally implemented after experiencing an increasing
number of hazardous waste discharges into the storm drain
system from all types CT 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 Mokeiumne River,
tcgether with tte requirem=nts under our agreement with
Woodbridge Irrigation District, the City of Lodi hasan
obligation to control the discharges into all receiving
waters.
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 discharges, the changes in
industrial development requirements were implemented on
August 4, 1987.
Recent Deveiooments
Since August 4, these requirements have been applied
C 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 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 or 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 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.
RECESS
CONSIDER RESOLUTION
OF NECESSITY FOR
THE ACQUISITION OF
ADDITIONAL LAND
FOR THE C -BASIN,
SOUTHEAST CORNER
OF VINE STREET
AND BECK14AN ROAD,
BY EMINENT DOMAIN
PROCEDURES
CC -27(a)
CC -27(c)
Speaking on behalf of the appeal were:
1) Mr. Albert N. Ellis
Attorney -at -Law representing Mr. Frank Alegre, Sr.
Law Offices of Rishwain, Hakeem, Ellis and LeBeouf
2800 West March Lane, Suite 200
Stockton, California
2) Mr. Frank Alegre, Sr.
2C00 Edgewood Drive
Lodi, California
Mr. Yosh Mataga, 1911 Edgewood Drive, Lodi, California,
addressed the Council stating that he isn't against the
requirement, but that he doesn't like being singled out.
Mr. Mataga's comments were directed to recuirements 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.
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.
Mayor Olson declared a five-minute recess -and the meeting
reconvened at approximately 8:55 p.m.
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Olson called for the Public Hearing
to consider the adoption of Resolution of Necessity for the
acquisition of additional land for the C -Basin, southeast
corner of Vine Street and Beckman Road, by Eminent Domain
procedures.
%d
Continued November 4, 1987
It was also determined that Council would consider at the
same time r.cenda item K-3, entitled, "Consider request of
Daryle Geweke for Council discussion and resolution of
concerns relating to Park Basin "C" acquisition, southeast_.
corner of 'line Street and Beckman Road".
The following staff report was presented:
At the October 14, 1987 City Council meeting, Council set a
hearing for November 4, 1987 to consider adoption of a
resolution of necessity for the acquisition of additional
land for C -Basin by eminent domain proceedings, pursuant to
Code of Civil Procedure Section 1245.220. Notice of said
hearing was nailed to property owners Orrin D. and Gertrude
M. Kettelman an October lb, 1987. The City has not -
received notice from the Kettelmans indicating any desire
to be heard at the November 4 hearing.
The City's right of way negotiator, Jerry Heminger, first
contacted the owners on April 27, 1987. Through numerous
contacts since that time, he has reached verbal agreement
with the Kettelmans to purchase the 10 acre parcel
necessary for the basin or a i2- acre parcel which would r
"square off" their remainder. Problems with a third party
Cand the agreement between the Kettelmans and that party
have held up consummation of the formal agreement.
k
The pevier of eminent domain may be exercised to acquire
property for a proposed project only if ail of the
following are established:
1. The public interest and necessity require the project.
2. The project is planned or located in the manner that
will be most compatible with the greatest public good
and the least private injury.
3. The property sought to be acquired is necessary for the
project.
State law provides that a public entity may exercise the
power of eminent domain only if it has adopted a resolution
of necessity by a vote of two-thirds of all of the members
of the governing body.
It is important to be aware that once the resolution of
necessity has been adopted, the City must commence an
eminent domain proceeding to acquire the property within
six months after the date of adoption or, if the City has
filed such proceeding, the City must serve the complaint
and the summons relating to the proceeding. If it does
not, the property owner may file an action for inverse
condemnation to:
1. Require the City to take the property and pay
compensation therefor, and/cr
°. Recover damages from the ���y
�'�for the interference with
the possession and use of the property resulting from
adoption of the resolution.
However, the City Council is permitted to rescind the
resolution cf necessity as a matter of richt at any time
before the property owner commences an action.
The following_ letter from the law Offices of Freeman and
brown, 1818 Grand Canal Boulevard, Stockton, California,
was presented for Council review:
Continued November d, 1987
"Re: Park Basin "C"
Acquisition of Property
10 Acre Parcel
Dear Mayor and Council Members:
This office represents Mr. Daryle Geweke who
purchaser, pursuant to a land sales contract, of tTii"ree
adjacent parcels of real property, Parcels 428, #29 and 7#30
lying to the north of Kattleman Lane, east of Highway 99
and adjacent to Lodi City limits belonging to Orrind D.
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acres of
said parcel 1-0'30".
We have reviewed the Master Plan of Park Base "C" adopted
by the City Council on October 15, 1986, and discussed the
proposed acquisition of the portion of parcel 430
specifically, timing, configuration, use and damages.
Mr. Geweke has instructed us to attempt to minimize the
adverse impacts the presently proposed acquisition would
have on Parcel 430 while attempting to equitably
accommodate the needs of the City of Lodi.
We subsequently contacted Mr. Ronald Stein, City Attorney,
and inquired as to how soon the city needed the property,
what methods were available to mitigate Mr. Geweke's
damages and how could are work with the City of Lodi in the
equitable resolution of these problems.
Mr. Stein advised that the City's department of Public
Works wanted to proceed immediately with the acquisition of
the property and the construction of the project; that as
the plan had been adopted by the City Council, it could
only be modified by the City Council; that we would
therefore have to direct our concerns and proposals for
mitigation to the City Council.
Will you please schedule this matter for discussion by the
City Council as soon as mutually convenient. As resolution
of these problems need to be explored through open
discussion, vie would suggest an initial council study
session for that purpose. Unfortunately, '4r. Freeman will
be out of the ccuntry until the end of October. We will be
pleased at that time to present tc you our concerns and our
proposal to mitigate M,r. Gevreke's damages while
accommodating the needs of the City of Lodi.
Thank you for your consideration and cooperation. We look
forward to workinc with you and your staff in the equitable
resolution of this prcblem.
Very truly yours,
s/Gerald A. Sperry"
Addressing the Council regarding the matter ,vrere:
a) Mr. Maxwell M. Freeman
Attorney at Law
1818 Grand Canal Boulevard —
C Stockton, California
representing Daryle Ge,,aeke
b) Mtr. Cerald A. Sperry
Attorney at Law
1818 Grand Canal Boulevard
-Stockton, California
representing Daryle Geweke
There being no other persons wishing to address the Council
on the matter, the public portion of the hearing was closed.
"I&
I
Continued November 4, 1987
A very lengthy discussion followed with questions being
directed to Staff, the City Attorney, and to those who had
given testimony. '
Council Member Hinchman moved adoption of a Resolution of
Necessity for the acquisition of additional land for the
C -Basin, southeast corner of Vine Street and Beckman Road,
by eminent Domain procedures. The motion was seconded by
Council Member Reid, but failed to pass by the following
vote:
Ayes: Council Members - Hinchman and Reid
Hoes: Council Members - Pinkerton, Snider, and
. Olson (Mayor)
Following additional discussion, Council, on motion of
Council Member Snider, Pinkerton second, determined to
adjourn this meetino to 7:30 p.m., Wednesday, November 11
1987 for further review of the C -Basin whit! .could allow
for all interested parties to be present during the subject
discussion.
The motion carried by the follo-wing vote:
Ayes: Council i•:embers - Pinkerton, Sniper, and
Olson (ilayor)
Noes: Council Member - Hinchman and Reid
PLANNING CCMMISSION City Manager Peterson presented the following Planning
REPORTS Commission Report of the Planning Commission Meeting of
October 12, 1587:
The Planning Commission -
ITEMS OF INTEREST 1. Conditionally approved the request of Dillon
Engineering on behalf of Fred Lewis for a Lot Ling
Adjustment between 324 Leland -Court (APN 027-080-68)----, —'
in an area zoned R-1, Single -Family Residential. _
CC -35
2. Conditionally approved the request of Dillon
Engineering cn behalf of James Ehlers for a Lot Lire
Adjustment between 317 Leland Court (APN 027-240-03)
in an area zoned R-1, Single -Family Residential.
3. Continued consideration of the request of Dillon
Engineering on behalf of Harry S. Bader for the
approval of a Tentative Parcel Map to divide 610 West
Lodi Avenue (APN 033-190-31) into Parcel "A" and "8"
and to join 708 West Lodi Avenue (APN 033-190-28) to
new Parcel "B" in an area zoned C-1, Neighborhood
Commercial. This item was continued so that the
developer's engineers could submit a parking layout for
the total area to the Planning Commission.
4. Continued consideration of the request of Saumbach and
Piazza, Consulting Engineers, on behalf of James H. and
Hilda Sanguinetti for the approval of the Tentative
Map of Apple Orchard, a 9.60 acre, 34 lot project at
the northeast corner of Lower Sacramento Road and
Cochran Road, in an area zoned R-1, Single -Family
Residential.
This item was continued so that the developers and
neighbors could reach a ccnpromise on a masonry wall
proposed for the south side of West Tokay Street along
the proposed subdivision's north side.
9
Continued November 4, 1987
5. Conditional',;- approved the request of Pasco
Enterprises fcr an Amended Use Permit for a twenty-t:•ro
unit planned unit development on�L.ot 86, Johnson Ranch,
Unit No. 1, in an area zoned ^r-0 (19), Planned
Oevelepment District No. 19.
6. Approved the request of City of Lodi Electric
Department to extend the use permit approved November
11, 1986 for one year for a temporary n.obile office
located at the Municipal Service Center.
7. Determined that a Zoning Hardship existed and approved
the request of David M. Akin for a Zoning Variance to
reduce the sideyard from 5 feet to 3 feet to permit
the expansion of a second story and the addition of a
carport at 141 South Avena Avenue in an area zoned
R-2, Single -Family Residential
Further, City Manager Peterson presented the following
report of the Planning Connission Meeting of October 26,
1987:
ITEMS OF INTEREST The Planning Commission - - --=
CC -35 1. Conditionally approved the request of Cecil Dillon,
Dillon Engineering, on behalf of Harry S. Bader, to
divide 610 West Lodi Avenue (APH 033-190-31) into
Parcel "A" and "B" and to join 708 West Lodi Avenue
(APN 033-190-28) to new Parcel "6" in an area zoned
C-1, Pleighborhood Commercial.
2. Continued consideration of the request of Terry Piazza,
Baumbach and Piazza, Consulting Engineers, on behalf of
James H. and Hilda Sanguinetti for the approval of
the Tentative Subdivision Map of the Apple Orchard
Subdivision at the northeast corner of Lower Sacramento
Road and Cochran Road, in an area zoned R-1,'
Single -Family Residential until 7:30 p.m., Monday,
November 23, 1987.
3. Set a public hearing for 7:30 p.m., Monday, November
23, 1987 to consider the request of Terry Piazza,
Baumbach and Piazza, Consulting Engineers, on behalf of
James H. and Hilda Sanguinetti to rezone the lots
facing West Tokay Street on the Revised Tentative Map
of the Apple Orchard Subdivision at the northeast
corner of Lower Sacramento Road and Cochran Road from
-- ^- — - -- R-1, Single -Family Residential to R-2, Single Family
Residential.
COMMUNICATIONS
(CITY CLERK)
ABC LICENSE
APPLICATIONS City Clerk Reimche presented the following application
which had been received for an alcoholic beveraa_e license:
LC -7{f}
Lam Linh Nguyen
Lcoi Sausaae and Meat Comoany
845 South Central Avenue, Lodi
Off Sale beer and :line
Original License
RATE MODIFICATION
LODI AMBULANCE
SERVICE Following receipt of a letter from the Lodi Ambulance
Service (Life Medical Industries, Inc.) giving thirty day
CC -22.1(a) notification of a rete modification, Council, on motion of
CC -22(a) Council Member Reid, Hinchman second, directed the City
Clerk to place this matter on the agenda for the Regular
Council Meeting of November 18, 1987.
in
71
Continued November 4, 119&7
REGULAR CALENDAR
C REQUEST FROM LODI
PARK WEST AND THE 1
TOWNE RANCH TO
TRANSFER THE 20
FOOT AGRICULTURAL
SETBACK FROM THE
PARKWEST PROPERTY
TO THE TOWNE
PROPERTY, APPROVED At the time the City Council approved the Lodi Park West
development, it required a 20 foot building setback. along
CC -27(a) the subdivision's north line adjacent to the Horace
CC -53(a) Towne Property. The setback was deemed to be an adequate
CC -53(c) agricultural buffer or mitigation zone as required by
Section 3 of the Green Belt Initiative, Measure "A" as
adopted by the public on August 25, 1981.
Since the north line of the subdivision jogs, it was
impossible to resign a subdivision where all lots would
rear to the Towne Ranch. The 20 foot setback has
continually caused siting problems where the sideyard
contains the agricultural setback. In order to solve this
problem, Horace and Bruce Towne, the vineyard owners, have
.offered to place the setback on their property. Measure
"A" does not preclude the suggestion being made by the
Towne family.
If the City Council approves the suggestion of Lodi Park
Nest and the Towne Ranch, the City Attorney recommends that
a 20 foot agricultural easement be recorded alona the sout'%
line of Towne Ranch. This easement would be null ar.d voi
r upon annexation of the property to the City.
i` 14r. Ken Boyd, 2208 West Vine Street, Lodi, representing the
property o:rners, spoke on behalf of the request.
On motion of Council Member Snider, Hinchran second,
Council approved the request to transfer the 20 foot
agricultural setback from the Park West property to --the
Tonne property, directing that a 20 foot agricultural
easement be recorded along the south line of the Towne
Ranch. This easement will to null and void upon annexation
of the property to the City.
URGENCY ORDINANCE
AMENDING THE LAND
USE ELEMENT OF THE
GENERAL PLAN TO DESIGNATE THE
APARTMENT
FiORATORIUM AREA
(EASTSIDE STUDY
AREA.) FOR LOW
DENSITY SINGLE- :
.FAMILY 4lITH CERTAIN
EXCEPTIONS ADOPTED
URGENCY ORDINANCE
NO. 1409 ADOPTED Following introduction of the matter by staff, Council on
motion of Mayor Pro Tempore Snider, Reid second, adopted
CC -53(a) Urgency Ordinance No. 1409 amending the Land Use Element of
CC -149 the General Plan to designate the apartment moratorium area
(eastside study area) for Low Density Single -Family with
certain exceptions, which ordinance is entitled, "An
Ordinance of the Lodi City Council Amending the Official
District Map of the City of Lodi Adopted by Section 17.06
et seq. of the Lodi Municipal Code and Thereby Rezoning
Certain Properties".
The motion carried by unanimous vote of the Council.
Community Development Director Schroeder pointed out:
11
Continued N'overr.ber 4, 1987
REQUEST FOR
RESIDENTIAL PERMIT
PARKING ON PLEASANT
AVENUE FROM WALNUT
( STREET TO PINE
STREET DENIED
CC -450)
CC -48(1)
cX 7
A) That any property presently zoned R -C -P, C-1, C-2 or
C -td, containing a multifamily dwelling unit, will be
permitted to rebuild only the same number of units,
upon the destruction of the present multifamily
dwelling unit.
B) That in the downtown core area, a commercially -zoned
property ,which does not presently have a muitifamily
unit built thereon, will be permitted to build a
multifamily residential unit facility only with a
conditional use permit approved by the City Council.
C) In all other commercially -zoned areas in the
Eastside Moratorium Study Area, if there is not
presently located on those parcels a multifamily
unit, no such unit shall be permitted to be built.
Mr. Barry Clark, 715 (forth School Street, Lodi, suggested
that single-family homes located between apartment
complexes in the subject area could be used for child care
facilities for children living in the apartment complexes.
Staff responded to questions posed by Mr. Haltom Goodell, 8
North Rose Street, Lodi, regarding conversions and the
requirements for building permits.
Public Works Director Ronsko gave the following staff
report concerning the matter:
Council was reminded of a petition it has received from
residents on Pleasant Avenue and Oak Street and from the
San Joaquin Local Health District office located at the
southwest corner of Oak and Pleasant. This petition
requests that two-hour parking be established on Pleasant
Avenue from Walnut Street to Pine Street and that a
residential permit zone be established which would exclude
residents from the posted parking restrictions.
Residential Parkinn Permits
The general objective of the residential permit parking
program is to provide on -street parking for residents in
their own immediate neighborhoods and to preserve the
residential character of the area. The area east of the
Pacific Coast Producers cannery on South Stockton Street is
the only residential permit parking area presently in
effect.
Existinq Conditions
Pleasant Avenue between Lodi Avenue and Pine Street is a
one-way (northbound) 30 -foot curb to curb street. It
provides one travel lane and parking on both sides.
On -street stalls are not marked.
The area in euestion is zoned Residential -Commercial
Professional (F. -CP) and General Commercial (C-2).
Diagrams were presented deoictino the following
information:
E::istinc two-hour parking limitations in adjacent
areas and other parking restrictions in downtown
area.
12
9?lf-
M
Continued November 4, 1987
- Existing land use of oarceis fronting Pleasant
Avenue between V.Ialrut and Pine. -
- Garages and off-street parking spaces available on
residential use parcels.
Parking Survevs
Off -Street Parkinc
The three commercial areas between Pine and Walnut all have
provided some off-street parking. The southeast and
southwest corners of Pine and Pleasant have provided maIlked
stalls totalling 30 and 18 respectively. The San Joaquin
Local Health District office at the southwest corner of Oak
and Pleasant has an off-street parking lot, however, stalls
are not marked. This lot can hold approximately 10 cars.
On the days that vie counted cars in the two commercial
onsite lots, it appeared that they were only approximately
50% filled.
On -Street Parking
1. Walnut Street to Oak Street
An exhibit was presented o-;hich shows data from 11 surveys
taken on 7 days at different times during the day. This
exhibit shows the number of available parking spaces in
each half -block and the number of cars parked in the
half -block during the survey. The results are summarized
below:
Pleasant Avenue - Walnut to Oak N/Alley S/Alley
stalls on -street 10 8
Highest f of parked vehicles 9 5
Average P of parked vehicles 4.6 2.2
Average % occupied 46 28%
This indicates that there is ample on -street parking
available for the residential uses in this block. However,
residents often may not be able to park directly in front
of their homes.
2. Oak Street to Pine Street
Results of the exhibit shown for Oak Street to Pine Street
are shown below:
Pleasant Avenue - Oak to Pine N/Alley S/Alley
stalls on -street 11 12
Highest = of parked vehicles 11 8
Average o; parked vehicles 7.7 6.6
Average 5 occupied 70% 55`S
.On -street parking in this block is heavier than the block
to the south and is highest near Pine Street fronting the
commercial uses and nearest to City Hall.
Discussion
The Finance Department was contacted regarding possible
enforcement of two-hour parking on this street. Their
torments are attached. They indicate enforcement would be
difficult with existing personnel and recommend against
establishing two-hour parking. Since the area is zoned
R -CP, it can be assumed the daytime parking demand w -rid
increase as homes are converted to businesses.
s
13
l
Continued ',ovember 4, 1.987
ADULT CROSSING GUARD
APPROVED FOR AREA OF
WOODBRIDGE MIDDLE
SCHOOL
CC -24(b)
CC -43
CC -45(a)
CC -48.(a)
Recommendation
Since the area is small and parking is available within a
reasonable distance to homes, staff is reluctant to
recommend establishment of two-hour parking and another
permit zone.
If the parking lot behind the Local Health District office
was signed for customer use and if the stalls were marked,
there may be fewer cars parked on Pleasant Avenue and on
Oak Street. The City Council may want to consider asking
the Local Health District to sign and stripe their parking
lot.
A lengthy discussion followed with questions being directed
to staff.
On motion of Council Member Hinchman, Reid second, Council
denied the request for Residential Permit Parking on
Pleasant Avenue from Walnut Street to Pine Street; however,
suggested that Staff follow up on a number of suggestions
contained in the staff report regarding this matter.
This agenda item was introduced by City Manager Peterson.
The following staff report was given by Public Works
Director Ronsko:
In the spring cf 1987, the Lodi Unified School District
(LUSD) requested the Public, 4!orks Department install a
crosswalk and conduct eri adult crossing guard study at
Lower Sacramento Road and Eilers Lane. At the June 3, 1987
Council meetinc, City Council approved the installation of
three crosswalks in the area and directed staff to
re-evaluate the need for an adult crossing guard in the
fail of 1987.
Recently, Turner Road from Lower Sacramento Road to Mills
Avenue has been widened and re -striped for four travel
lanes. A traffic signal is under construction at Lower
Sacramento Road/Turner Road.
Staff performed the necessary studies for an adult crossing
guard in accordance with the guidelines adopted by
Caltrans. The ouicelines require that at least 40
elementary school pedestrians (including student
bicyclists) use the crossing while going to or from school
each of any two hours daily.
An exhibit was presented which indicated the vehicle and
pedestrian counts for Lower Sacramento Road/Eiiers Lane and
Lower Sacramento Road/Turner Road. The counts do not meet
the mininums required by Caltrans.
The City of Lodi's crossing guard agreement with the LUSO
states that the City has a statutory duty to reimburse the
School District for costs of employing school crossing
guards if the requisite criteria are met. The primary
criterion is the data shall be measured against the
warrants of the Traffic Manual published and adopted by
Caltrans.
Since this criterion is not met, the City staff cannot
recommend reimbursing the LUSD for costs of an adult
crossing guard. This type of funding comes from the City's
street maintenance accounts. However, the LUSD can employ
an adult crossing guard at these locations with LUSD
funding.
14
nln
i� z: '✓
Continued November 4, 1987
Council does not have to strictly follow the Caltrans
1 criteria. Since the minimums are met at Lower Sacramento
Road/Eilers Lane in the morning and Lower Sacramento
Road/Turner Road in the afternoon, the Council may approve
a guard on that basis.
During the traffic count, staff observed many bicyclists
are not abiding by the traffic laws. Staff suggests t?
Woodbridge Middle School staff work closely with the Polic:
Department in educating the students.
A lenethy discussion followed ti,,ith questions being_ directed
to staff.
Lir. Bob Gross, Vice Principal, 1•'codbridge Middle School,
spcke in favor of the crossing guard.
On motion of Council i'ember Snider, Reid second, Council
approved the placing of a crossing guard in the subject
area at the City's expense.
G -BASIN (GOLF COURSE)
.•:ASTER PLAN CONCEPT
APPROVED Council was apprised that, over the past six months,
landscape architect and golf course designer, Richard
CC -27(a) Bigler, has reviewed the feasibility of determining need,
CC -27(c) developing, operating and construction a golf course at "G"
Basin. Mir. Bigler has completed his report in document
form and developed three general plans for a golf course
layout and operation. This document and the plans have
been reviewed by the Parks and Recreation Commission and
the City Council at a Shirtsleeve Session.
is
It was the recommendation of the Parks and Recreattr
Commission that the City Council accept the feasibilit,
C
report and Plan I (family golf center concept), 9 -hole golf
course. It was additionally stated by the Commission that
financial and/or owned acreage limitations at this point
somewhat dictate this type course, but if someone was to
approach the City with creative financing or an investor
development/operator plan, they would be in favor of a_ full
regulation 18 -hole course.
On motion of Council Member Pinkerton, Olson second,
Council received the report and recommendation and approved
the golf course concept for the subject area.
ORDINANCES
TRAFFIC ORDINANCE
ADOPTED
ORDINANCE NO. 1402
Ordinance "lo. 1402 entitled, "An Ordinance of the Lodi City
Council Repealing Ordinance No. 493 and All Ordinances and
CC -45(a)
Parts of Ordinance Amendatory Thereof, Thereby Repealing
CC -48(a)
Title 10, Chapter 10 of the Lodi Municipal Code, Regulating
CC -149
Vehicles and Traffic Upon the Streets Within the City of
Lodi, and Adding a New Title 10, Chapter 10 to the Lodi
Municipal Code Regulating Vehicles and Traffic Upon the
Streets Within the City of Lodi" having been introduced at
a Regular Meeting of the Lodi City Council held October 21,
1987 was brought up for passage on motion of Council Member
Reid, Hinchman second. Second reading of the Ordinance was
omitted after reading by title, and the Ordinance was then
adopted and ordered to print by the following vote:
Ayes: Council ;Members - Hinchman, Pinkerton, Reid,
Snider, and Olson (Mayor)
?!oes: Council !•terbers - None
Absent: Council ;*embers - "one
is
Continued November 4, 1987
16
"CLOSED SESSION"
HELD
REGARDING PERSONNEL
- MATTERS
following introduction of the matter by the City
Manager,
Council, on motion of Council Member Hinchman, Reid
second,
determined that the reed for a "Closed Session"
regarding
personnel matters arose after the preparation of the
agenda.
The Council met in "Closed Session" regarding
personnel
matters from 11:25 p.m. to 11:53 p.m.
The meeting was adjourned at approximately 11:53
p.m. to
Wednesday, November 11, 1987 at 7:30 p.m.
ADJOURNMENT
There being no further business to come before the
Council,
Mayor Olson adjourned the meeting at approximately
11:55 p.m. --
ATTEST:
C`
Pe
lAlice
M. mche
City Clerk
16