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HomeMy WebLinkAboutMinutes - January 4, 198479 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, JANUARY 4, 1984 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, January 4, 1984 in the City Hall Council Chambers. ROLL CALL Present: Council Members - Murphy, Pinkerton, Snider, Reid, and Olson (Mayor) RES. NO. 84-001 COUNCIL ADOPTED RESOLUTION NO. 84-001 ESTABLISHING Absent: Council Members - None CROSSWALKS IN Also Present: City Manager Glaves, Assistant City Manager VICINITY OF Glenn, Community Development Director MOKELLI.1NE Schroeder, Public Works Director Ronsko, VILTA(F APPROVED City Attorney Stein, and City Clerk Reimmr.,he INVOCATION The invocation was given by Pastor E. Kreutz PLEDGE The Pledge of Allegiance was led by Mayor Olson PRESENTATIONS There were no presentations or awards made at this meeting REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with report and recommendation of the City Turner Road in this area. To facilitate these crossings, Manager, Council, on motion of Council Member Pinkerton, the Engineering Department recommends the installation of Murphy second, approved the following actions the crosswalks. hereinafter set forth. COUNCIL ADOPTED RESOLUTION NO. 84-002 ESTABLISHING A STOP SIGN ON PARK WEST DRIVE AT LOWER SACRAMENTO ROAD. STOP SIGN AT PARK CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $921,906.16 L., SACRAV& ROAD MINUTES THE MINUTES OF DECEMBER 7, 1983 WERE APPROVED AS WRITTEN. HUTCHINS STREET COUNCIL ACCEPTED THE IMPROVEMENTS IN "HUTCHINS STREET MEDIAN MEDIAN IMPROVE- MASONIZY WORK" AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE MENTS ACCEPTED A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. Council was informed that this contract had been awarded to Case Construction of Lodi on November 16, 1983, in the amount of $11,850. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council at a final contract price of $11,850.00. RES. NO. 84-001 COUNCIL ADOPTED RESOLUTION NO. 84-001 ESTABLISHING CROSSWALKS ACROSS TURNER ROAD ON THE EAST SIDE OF COMMA. CROSSWALKS IN STREET; ACROSS MIWOK DRIVE ON THE NORTH SIDE OF COLOM VICINITY OF STREET; ACROSS MIWOK DRIVE ON THE NORTH SIDE OF TURNER MOKELLI.1NE ROAD; AND ACROSS WINTUN DRIVE ON THE NORTH SIDE OF TURNER VILTA(F APPROVED ROAD. Council was advised that Mokelumne Village, a subdivision north of Turner Road near Stockton Street, has generated a number of children who attend Lawrence School and must cross Turner Road in this area. To facilitate these crossings, the Engineering Department recommends the installation of the crosswalks. RES. NO. 84-002 COUNCIL ADOPTED RESOLUTION NO. 84-002 ESTABLISHING A STOP SIGN ON PARK WEST DRIVE AT LOWER SACRAMENTO ROAD. STOP SIGN AT PARK WEST AT LOWER SACRAV& ROAD APPROVED 80 Continued January 4, 1984 PUBLIC HEARINGS ORDINANCE Notice thereof having been published in accordance with law REGULATING THE and affidavit of publication being on file in the office of USE AND OPERATION the City Clerk, Mayor Olson called for the Public Hearing to OF AMBULANCES consider a proposed ordinance of the City of Lodi repealing UPON THE PUBLIC Ordinance No. 756 and reenacting a new Ordinance regulating STREETS the use and operation of ambulances upon the public streets within the City of Lodi. Following introduction of the matter by City Attorney Stein, Council, on motion of Council Member Pinkerton, Murphy second, continued the subject public hearing to wednesday, January 18, 1984 at 8:00 p.m. PUBLIC HEARING Notice thereof having been published in accordance with law CONTINUED and affidavit of publication being on file in the office of the City Clerk, Mayor Olson called for the Public Hearing: NOMA RANCH EIR 1. To consider the Planning Commission's recommendation a AND REZONING that the Final Environmental Report for Noma Ranch, a 20+ acre residential project proposed for the north side of Almond Drive, Lodi, ; mile west of Cherokee Lane (4131 E. Almond Drive) be certified as adequate, and 2. To consider the appeal of Mr. Terry Piazza, c/o Baumbach and Piazza, 323 West Elm Street, Lodi, on behalf of Mr. Tan M. Noma of the Lodi City Planning Connission's denial to rezone a 20+ acre parcel on the North side of Almond Drive, Lodi, < mile west of Cherokee Lane (4131 E. Almond Drive) from R-2, Single -Family -Residential to P -D (26), Planned Development District No. 26. The matter was introduced by Community Development Director James Schroeder who presented diagrams of the subject area. Mr. Schroeder reninded the Council that the appeal would require a.4/5 vote of the Council for approval. Community Development Director Schroeder presented a calendar of events regarding the annexation process as it related to the Nana Property. Community Development Director Schroeder, apprised the Council that the Planning Commission had established the following findings regarding the Nana Ranch tentative Map on January 9, 1984. 1. .That the proposed map is consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans; 3. That the site is physically suitable for the type of improvement; 4. That the site is physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish, wildlife or their habitat; 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired Continued January 4, 1984 PUBLIC BEARINGS by the public at large, for access through or use of, (CONP'D) property within the proposed subdivision; 8. That the approval of this subdivision shall have a positive affect on the housing needs in the region in which the City is situated and balances these needs against the .public service needs of its residents and available fiscal and environmental resources. Mr. Schroeder further explained the Urban Growth plan (ultimate growth line). The City Attorney spoke about the relationship to the Rual Land owners law suit. Assistant Planner David Morimoto presented the Final Environmental Impact Report for Nana Subdivision (EIR - 83-2). The proposed project is the rezoning and subdivision of a 20+ acre parcel of land located on Almond Drive, ; mile west of Cherokee Lane. The project will contain 67 single-family lots, 13 duplex lost (26 units), and a 41 -unit condominium lot. There is also a 1.3 acre parcel that will be sold to an adjacent property for use as a parking lot. Mr. Morimoto's overview of the EIR included the project description; the environmental impacts; mitigation measures; alternatives to the project; irreversible and long-term impacts; emulative impacts; growth -inducing =pact; energy conservation. Mr. Morimoto addressed the response to cannents included in the environmental document. Mr. Schroeder then addressed the Council regarding the vacancy rate within the City of Lodi. Mr. Morimoto, Mr. Schroeder, and City Attorney Stein responded to questions as were posed by the Council. The following persons spoke on behalf of the project: a) Mr. Don Geiger, 311 East Main Street, Lodi, Attorney at Law b) Mr. Glen Baumbach, Baumbach and Piazza, representing Search Development Company. Mr. Baumbach presented proposed alternates for the project. The following persons spoke in opposition of the project: a) Mr. Fred Wilson, 4210 Almond Drive, Lodi - Mr. Wilson presented petitions requesting that the R-2 zoning be retained. b) Ms. Barbara Lea, 448 Almand Drive, Lodi c) Mr. Wilbur Ruhl, 3933 Almond Drive, Lodi There were no other persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. Following a lengthy discussion, with questions being directed to Staff, Council,.on motion of Council Memter Pinkerton, Reid second, certified the Nana Ranch Final Environmental Impact Report as adequate; established the following findings: 89 }f Continued January 4, 1984 PUBLIC HEARINGS A. 1) ENVIiatvENTAL IMPACT (CONT -D) The project will result in the lost of 20± acres of prime agricultural soil. If the project is approved, this loss cannot be mitigated. Finding All the land in and around the City of Lodi is designated as prime agricultural soil. The City does not have the option of building on "non prime" agricultural soils in order to preserve the prime soils. Every development built in the City, small or large, utilizes sane prime agricultural soil. The residential, ccmnercial and industrial needs of the City necessitates some urbanization of agricultural land. Overriding considerations The area in questions has been designated for residential developrent for many years by both the San Joaquin County and City of Lodi General Plan. The property currently has a zoning designation of R-2, Single -Family with corner duplexes. This existing zoning already permits development of the property. Prior to annexing to the City, the property had a similar zoning in the County. (pg. 2) The area has been undergoing urbanization for many years. There are residential and ccmrercial developments adjacent to the proposed project. The develcpnent is contiguous to existing developed areas and will be a logical continuation of the urbanized area. (pg. 2 & 14) The City of Lodi has planned and constructed its utility system to serve the area with water, sewer and storm drainage in anticipation of the area developing. The existing infrastructure will allow development of the area without costly expenditures of public funds for the extension or construction of major new lines. (pg. 6 & 7) 2) ENVIRONMENTAL IMPACT Urbanization of the subject parcel will affect adjacent agricultural parcels. Finding While some modification of current farming practices may be required, those modifications will not prevent the continued agricultural use of adjacent parcels. The use of agricultural chemicals can continue although in some cases alternative methods of application or types of chemicals may be required. (pg. 13 & 14) Trespassing and vandalism on adjacent agricultural parcels can be reduced by constructing a solid fence along the entire west and north property line adjacent to any agricultural property. The fence will reduce trespassing and vandalism by reducing easy access frau the subdivision. (pg. 13) The City is surrounded by farming operations, yet has not experienced any particular problems concerning hareowners complaints about agricultural noise or dust. If a farmer uses a reasonable amount of.care, it is unlikely that he would have a problem. (pg. 14) Continued January 4, 1984 PUBLIC HEARINGS 3. ENVIRONMENTAL IMPACT (CONT'D) The project will generate approximately 1,140 additional vehicle trips per day which will be added to surrounding streets. Finding The existing streets adjacent to the Noma Ranch Project area _-. adequate to handle the additional traffic. Improvements that will be made on Almond Drive and on Valley Avenue will improve the overall traffic flow. This includes the installation of curbs, gutters and sidewalks on both streets and the completion of Valley and Elgin Avenues. (pg. 7,8 & 14) 4. ENVIRONMII?FI'AL IMPACT The project will produce sane additional vehicle generated air pollution. Finding Based on air quality projections, the amount of additional air pollution will be less than 1/10th of 1% of the total for the City of Lodi. This level is not considered significant. (pg. 4 & 5) 5. ENVIF40NMENTAL IMPACT The project will generate an estimated 122 additional school -aged children. This will affect the MSD and its ability to provide adequate classroom space. Finding The applicant has signed a contract with the LUSD in which he agrees to pay an impaction fee to the District. The District considers the payment of these fees as sufficient mitigation for the impact of the additional students. B. 1) ALTERNATIVES To THE PRJAJF]LT The EIR discussed several alternatives to the proposed project. The following are findings on two of the alternatives. Alternative 1 This alternative is a "no build" alternative, which would mean that no development would be constructed on the property - Finding This alternative would eliminate the environmental impacts resulting from the proposed project. This alternative would, however, affect the future supply of affordable housing. The applicant is proposing to construct single-family houses that will sell for less than $85,000. Housing in this price range provides affordable housing for the residents of Lodi. Housing priced above this level is out of the price range of the majority of the residents of Lodi_. Based on a vacant lot survey, it is estimated that there are approximately 406 vacant single-family lots in approved subdivisions that could contain houses of less than $85,000. This figure represents approximately a 3 -year supply of housing in this price range. once this supply of affordable 83 84 Continued January 4, 1984 PUBLIC HFARINGs housing is used up there are very few new subdivisions being (CONP'D) planned to take their place. Much of this is a result of the "Greenbelt Initiative" which has significantly restricted the possibility of new developments. Residential projects like Nava Ranch often take 18-24 months from the time of approval to the first houses becoming available. Nana Ranch would cane on line just as existing subdivisions in this price range are built out or nearly built out. Without projects like Nana Ranch, there would - soon be a shortage of affordable housing units. (pg. 15, 16 & 17) 1 2) Alternative 3 (Discussed in Response to Comments) This alternative would utilize an "infill" property as an alternative to the Nana property. (pg. 33) Finding The City of Lodi has consistently encouraged the utilization of "infill" parcels of land available in the City of Lodi. There are no parcels that could accommodate the Nana Ranch project. Most of the "infill" properties are small in size, ranging from single-family lots to one or two acres. All the large parcels are under development or have an approved project on them. Additionally, most of these parcels, if they were available, would be very expensive. The price would probably make affordable housing impossible. C. GROWTH -INDUCING IMPACT The project will not have a significant growth -inducing - impact on the City. Finding The passage of Measure A, the "Greenbelt Initiative", has placed a significant future growth limit on the City of Lodi. All new General Plan amendments that require an annexation must receive voter approval. It does not appear that the voters arq inclined to approve any new annexations. Consequently there may be very little growth of the City in future years. Because there is very little vacant land left within the City limits, there may be very few new developments in caning years. (pg. 11 & 18) Council determined that an adequate buffer or mitigation zone exists to assure continued productivity use of agricultural land in the Green Belt Area. The motion carried by unanimous vote. on motion of Council Member Pinkerton, Reid second, Council introduced Ordinance No. 1304 rezoning a 20+ acre parcel on the north side of Almond Drive, Lodi, 4 mile west of Cherokee Lane (4131 East Almond Drive - Noma Ranch - from R-2, Single -Family Residential to P -D (26), Planned Development District No. 26 with the following conditions: { 1. For lots designated for single-family development a) The lot size shall be as shown on the development plan as adopted by the City Council; b) Building set -backs for front, side, street side and rear yards shall conform to Section 27-6, R-2 Residence District - One -family of the Lodi Municipal Code. Continued January 4, 1984 PUBLIC HEARINGS c) The maximum lot coverage shall not exceed 45 (CONT'D) per -cent of the lot area. d) The maximum height shall be two -stories or 35 feet whichever is the greater. e) Two off-street parking spaces shall be provided for each lot with both spaces covered and in conformance with the set -back requirements of Section 27-6 of the Lodi Municipal Code. 2. For corner lots designated for duplex development a) The lot size shall be as shown on the development plan as adopted by the City Council. b) Building set -backs for front, side, street side and rear yards shall conform to Section 27-6 of the Lodi Municipal Code. c) The maxinm lot coverage shall not exceed 45 per -cent of the lot area. d) The maximum height shall be two -stories or 35 feet whichever is the greater. e) Two off-street parking places shall be provided for each unit in a duplex with all such spaces covered and in conformance with the set -back and driveway requirements of Section 27-6 and 27-13 of the Lodi Municipal Code. 3. For Lot 41 designate for rtultiple-family purposes a) The maximum density shall be 15 units per gross acres with a maxinm of 2.9 gross acres. b) Building set -backs for front, side, street side and rear yards shall conform to Section 27-7, RSA Residence District - Garden Apartment of the Lodi Municipal Code. c) The maximm lot coverage shall not exceed 50 per cent of the parcel area. d) The maximum height shall be two stories or 35 feet whichever is greater. e) Two off-street parking spaces shall be provided for each residential unit in the project with two-thirds (i.e. 66 2138) of such spaces covered and in conformance with the set -back and driveway requirements of Section 27-7 and 27-13 of the Lodi Municipal Code. ORD. NO. 1304 The motion carried by the following vote: ADOPTED Ayes: Council Members - Murphy, Pinkerton, Reid, Snider, & Olson (Mayor) i Noes: Council Members - None Absent: Council Members - None AMENDMENTS TO Notice thereof having been published in accordance with law SECTION 27-13 (b) and affidavit of publication being on file in the office of OFF STREET the City Clerk, Mayor Olson called for the Public Hearing to PARKING REQUIRE- consider certain reconTended amendments to Section 27-13 MENTS (b), Off -Street parking requirements, of the Municipal Code. 5 s6 Continued January 4, 1984 AMENDMENTS TO The matter was introduced by Community Development Director SECTION 27-13 (b) Schroeder who then responded to questions regarding the OFF STREET PARK- matter as were posed by the Council. ING REQUIREMENTS (CONT'D) There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. ORD.NO.1305 Council Member Pinkerton then moved for introduction of ADOPTED Ordinance No. 1305 - An Ordinance amending Section 27-13 (b) off-street parking requirements of the Municipal Code. The motion was seconded by Mayor Pro Tempore Snider and carried by the following vote: Ayes: Council Members - Murphy, Pinkerton, Snider, Reid, and Olson (Mayor) Noes: Council Members - None Absent: Council Members - None PLANNING COMMISSION There was no meeting of the Planning Commission since the last report provided to the Council. COMMUNICATIONS City Clerk Reimche presented the following letter from Mrs. Jerrie K. Abrahamson, President of the Lodi District Chamber of Commerce: "The Board of Directors of the Lodi District Chamber of Commerce have approved, in their 1984 Plan of Action, the appointment of a Steering Committee to develop and coordinate a committee to encourage Economic Development in the Lodi area. we will be requesting the members of the present City of Lodi Economic Development Commission to participate as a core group, to aid in the establishment of this committee. We would also appreciate any help or advice the City of Lodi staff can contribute to this effort. It has been suggested that the City Council consider disbanding the present Economic Development Commission and allow the Chamber's newly proposed committee to explore the subject of Economic Development in the district. You may recall that in the early 7O's the very active Economic Development Committee, of the Chamber, was dissolved. This action was prompted by a request from the Board of Supervisors when the San Joaquin County Econanic Development Association was formed. All chambers in the County cooperated in this joint endeavor. Times have changed, the potential for new industries and jobs in San Joaquin County needs the active participation of all segments in the County aimed at Economic Development. We feel that the Chamber is the organization best suited for coordinating these efforts. We look forward to working with the City Council, IDC members and City Staff in coordinating the type of Economic Development that is the most satisfactory and productive for the Lodi area." CITY OF LODI Following discussion, on motion of Council Member Reid, ECONOMIC Murphy second, Council adopted Resolution No. 84-003 DEVELOPMENT disbanding the City of Lodi Economic Development Commission, COMMMISSION and directing the City Clerk to forward a copy of the DISBANDED originating Resolution setting forth the charge of this Commission to the Chamber of Ccnmerce for their information. RES. NO. 84-003 87 Continued January 4, 1984 , RES. PROTEST- City Clerk Reimche presented a letter which had been ING CALIFORNIA received from Joretta J. Hayde, Clerk of the Board of LAND CONSERVA- Supervisors giving notice that pursuant to Section 51243.5 TION CONTRACTS of the Government Code that the Board of Supervisors intends to enter into California Land Conservation Contract which RES. NO. 84-004 will include land within one mile of the exterior boundaries of the City of Lodi. Following discussion, on motion of Council Member Pinkerton, — Murphy second, Council adopted Resolution No. 84-004 - Resolution protesting execution of California Land j Conservation contract for Edward Pelletti and Maria Vilma Pelletti; Assessors Parcel No. 057-140-16. RESIGNATION Following receipt of a letter of resignation from Naomi RECEIVED FROM McCallum Carey as Lodi's representative to the San Joaquin _ NAOMI MC CALLat Arts Commission, Council, on motion of Council Member CAREY Pinkerton, Snider second, directed the City Clerk to make the necessary posting for this vacancy. The Council directed the City Clerk to send a letter of appreciation and congratulation to Mrs. Carey on her recent acceptance to the Peace Corps. CONCERN FOR THE The City Council expressed its concerns as well as those of WELL BEING OF the camnanity on the well being of Officer Carl Bawling, OFFICER BOWLING recently wounded in the line of duty and expressed EXPRESSED appreciation to the entire Police Department on the job being done by that department. COUNCIL EXTENDS APPRECIATION TO POLICE DEPART- MENT FOR THE JOB ITS DOING CCRIErTTS BY THE PUBLIC ON NON AGENDA ITEMS There were no persons wishing to speak under this segment of the agenda. REGULAR CALENDAR Council was apprised that the Officer of Revenue Sharing has issued as final certain deferred provisions of its January 5, 1981, Section 504 regulations prohibiting handicapped based discrimination. RULES AND The final rules became effective October 17, 1983. Admin - REGULATIONS istrative Requirements which are now in effect were REGARDING presented for council's perusal. It is much too early to REVENUE truly ascertain what this means to the City of Lodi. A SHARING seminar is scheduled in Los Angeles on February 13 which will more fully explain the requirements. However, prior to January 17, 1984, the city must issue necessary notices and announcements that the City of Lodi does not discriminate on the basis of handicapped status and a "responsible" employee must be designated to co-ordinate compliance of the new regulations. Following discussion, on motion of council Member Pinkerton, Snider second, Council directed that the City issue _ necessary notices and announcements that the City of Lodi does not discriminate on the basis of handicapped status, designated Assistant City Manager Jerry Glenn to coordinate compliance of the new Revenue Sharing regulations; and authorized the expenditures.of up to $1,000 from Revenue Sharing Funds to cover costs of notices, training, etc., to provide for the initial steps of this program. 88 Continued January 4, 1984 POLICE SERGEANTS Following introduction of the matter by the City Manager and TO BE MADE Assistant City Manager, Council, on motion of Council Member MID --MANAGEMENT Pinkerton, Murphy second, designated the City of Lodi's six Police Sergeants as Mid -Management employees of the City of Lodi effective 1/2/84. FIRE PROTECTION Council was informed in accordance with State Fire SYSTEM FOR Regulations, the City Hall Basement Computer Room requires COMPUTER ROOM an Automatic around the Clock Fire Protection System. Presently there are no fire sprinklers supplied to this roan because of the electrical requirements and the damage that would be incurred by dispensing water on the machines and paper work. The recommended fixe system is Halon Gas, as this would meet all present conditions and further requirements, such as; running programs while the building is unattended. The Halon Gas is safe to dispense should there be personnel in the roan, the automatic controls would shut down the heating and air conditioning basement system to confine the gas to the computer roan, and audible alarms will alert City Hall and the Fire Department that the system is discharging, indicating a fire in the computer roan. The total cost of this installation, including first time certification is $5,500.00. Following discussion, on motion of Mayor Pro Tempore Snider, Murphy second, Council approved a Special Allocation in the amount of $5,500.00 to provide a fire protection system for the Computer Roan. LEASE PURCHASE Council was apprised that the City has been informed by our OF IBM SYSTEM IBM representative that an IBM System 36 Ccxnputer is 36 APPROVED available to the City of Lodi. in anticipation of our needs he placed a non-binding tentative order for this new system. His rationale was based on his knowledge of the City of Lodi's present system and future requirements. our present IBM System 34 is rapidly reaching the point that it cannot be further effectively expanded. Our computer study is in the final stages and Council should be made aware that Ernst & Whinney is going to recamend the City obtain an IBM System 36. While we are under no obligation to accept this equipment now, it may be advantages to do so for the following reasons: The system available falls under an existing contract with the State of California that allows for a 30% discount. There is no guarantee this same agreement will be available next fiscal year. The City would not be able to obtain a piece of equipment until after June of 1984 and we do not know the price. The City has a current offer fran a muter broker to purchase the City owned system 34 for $16,845.00. If we wait until July of 1984 to sell the system it would be expeced the price will drop 15% to 20%. The system hardward and software anticipated will cost $61,754.00 including tax. The sale of our present system will reduce the net cost to $44,909.00. Following discussion, on motion of Council Member Murphy, Reid second, Council approved the lease/purchase of an IBM System 36. Further, on motion of Council Member Reid, Murphy second, Council declared the City's System 34 as "surplus property". Continued January 4, 1984 CHECK RECEIVED City Manager Glaves apprised the Council that a check had FROM NCPA been received from the Northern California Power Agency in REPAYMENT FROM the amount of $1,589,209.46 which represents a repayment THE DEVELOP- from the Develognent Fund. With the tacit concurrence of MENT FUND the City Council, this money was appropriated to the Utility Outlay Reserve. ADJOURNMENT There being no further business to come before the Council Mayor Olson adjourned the meeting at approximately 11:25 - p.m. Attest: Al%h �L ice M. Rel=he City Clerk