HomeMy WebLinkAboutMinutes - May 5, 1982CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
May 5, 1982
A regular meeting of the City Council of the City of Lodi was held beginning at
8:00 p. m. , Wednesday, May 5, 1982 in the City Hall Council Chambers.
ROLL CALL
INVOCATION
PLEDGE
PRESENTA TIONS
Present: Councilmembers - Murphy, Olson,
Pinkerton, Snider
and Reid (Mayor)
Absent: Councilmembers: None I
Also Present: City Manager Glaves, Assistant
City Manager Glenn, Community
Development Director Schroeder,
Public Works Director Ronsko,
City Attorney Stein, and City Clerk
Re imc he
The invocation was given by Reverend Harvey Klapstein,
Bethel Open Bible Church
The Pledge of Allegiance to the flag was led by Mayor
Reid
Mayor Reid made the following proclamations:
a) National School Guidance Week
b) Ashley Lynne Snider Day (Brand new daughter of
Councilman Snider)
a) Frieda Hieb, 1021 W. Lockeford Street, Lodi.
b) Jacob Hoffer, 715 W. Lockeford Street, Lodi.
c) Glen R. Jones, 230 N. Fairmont Street, Lodi.
d) Antonio Blecic, 618 W. Lockeford Street, Lodi.
e) Lynnell Hadley, 705 Howard Street, Lodi.
f) Reuben Knecht, 1015 W. Lockeford Street, -Lodi.
There being no other pea -sons wishing to speak on the
matter, the public portion of the hearing was closed.
4 1—th\! rlic; ' It Ginn fnllnwarl .xrirh 1'.;„ Ai ... f 1
c) Proclamation commending Leo R. Baltzer for
outstanding service to the City of Lodi
PUBLIC HEARINGS
Notice thereof having been published in accordance with
law and affidavit of publication being on file in the Office
LOCKEFORD
of the City Clerk, Mayor Reid called for the Public
STREET IMPROVE-
Hearing to consider the Lockeford Street Improvement
MENT PROJECT,
Project, Ham Lane to California Street, Lodi, California.
HAM LANE TO
CALIFORNIA
The matter was introduced by Public Works Director
STREET
Ronsko who presented diagrams of the subject area.
RES. NO. 82-40
Mr. Ronsko and Associate Civil Engineer Richard Prima
detailed various alternates, talked about City standards,
traffic, parking and responded to questions as were posed
by the Council.
CC
The following persons addressed the Council regarding
the matte r:
a) Frieda Hieb, 1021 W. Lockeford Street, Lodi.
b) Jacob Hoffer, 715 W. Lockeford Street, Lodi.
c) Glen R. Jones, 230 N. Fairmont Street, Lodi.
d) Antonio Blecic, 618 W. Lockeford Street, Lodi.
e) Lynnell Hadley, 705 Howard Street, Lodi.
f) Reuben Knecht, 1015 W. Lockeford Street, -Lodi.
There being no other pea -sons wishing to speak on the
matter, the public portion of the hearing was closed.
4 1—th\! rlic; ' It Ginn fnllnwarl .xrirh 1'.;„ Ai ... f 1
Continued May 5, 1982
_ GENERAL PLAN
LAND USE ELEMENT
AMENDMENT NO.
GPA -L U -82 -1
On motion of Council Member Snider, Olson second.
Council adopted Resolution No. 82-40 rescinding
the removal of parking on the north side of Lockeford
Street, and adopting Alternate 2 as outlined by Staff,
with the modifications shown on Alternate 5 in the
area of California Street.
Notice thereof having been published in accordance
with law and affidavit of publication being on file in
the office of the City Clerk, Mayor Reid called for
the Public Hearing to consider the -recommended
approval of General Plan - Land Use Element Amendment
Na_ GPA -LU -82-1 consisting of the following sections:
Section 1 - Request of Luis Arismendi on behalf of
Grupe Communities to redesignate a portion of 1600
West Kettleman Lane from Low Density Residential
to Office -Institutional.
Section 2 - Request of Paul Hausler and Sara A.
Hausler, et al to redesignate the parcels at 428,
440, 448, 452, 458 and 464 Almond Drive from Low
Density Residential to Medium Density Residential.
Section 3 - Request of Al Haro to redesignate the parcel
at 301 North Pleasant Avenue from Medium Density
Residential to Commercial.
Section 4 - Action initiated by the Planning Commission
to redesignate 105 East Turner Road (i.e. Scenic Over-
look Property) from Recreational to Low -Density
(, Residential.
Section 1 of General Plan Land Use Element Amendment
No. GPA -LU -82-1 heretofore set forth was considered
simultaneously with consideration of the recommended
approval of the request of Luis Arismendi on behalf of
the Grupe Communities to amend P-1)(21), Planned
Development District No. 21, by eliminating Single -
Family Development and permitting professional offices
and condominiums at 1600 West Kettleman Lane and
1500 through 1524 Lakeshore Drive, and the certification
of the filing of Negative Declaration ND -82-3 by the
Community Development Director.
The matter was introduced by Community Development
Director Schroeder, who presented a detailed presentation
regarding the matter and presented diagrams of the subject
area.
Speaking on behalf of the matter was Mr. Luis Arismendi
-' of Grupe Communities, 2291 West March Lane, Stockton,
California. Mr. Arismendi presented renderings for
Council's perusal.
Mrs. Barbara Kern, 448 Almond Drive, Lodi addressed
the Council posing questions regarding density in the
subject area.
There being no other persons wishing to speak on the matter,
the public portion of the hearing was closed.
Following discussion, with findings hereinafter set
forth, . Council took the following actions:
Continued May 5, 1982
On motion of Councilman Pinkerton, Murphy second,
Council certified the filing of the Negative Declaration
ND -82-3 - Grupe/Lakeshore Village General Plan
Amendment (No. 2) by the Community Development Director.
On motion of Councilman Pinkerton, Murphy second,
Council approved Section 1 of General Plan Land Use
Element Amendment No. GPA -LU -82-1, heretofore set forth.
Councilman Pinkerton then moved for introduction of
Ordinance No. 1258 amending P-0(21), Planned Develop-
ment and permitting professional offices and
condominiums at 1600 West Kettleman Lane and 1500
through 1524 Lakeshore Drive. The motion was
seconded by Mayor Pro Tempore Murphy and carried
by unanimous vote.
Section 2 of General Plan Land Use Element Amendment
No.' -GPA -LU-82-1 heretofore set forth was considered
simultaneously with consideration of the recommended
approval of the request of Paul Hausler and Sara A.
Hausler, et al to rezone the parcels at 428, 440, 448, 452,
458, and 464 Almond Drive from Low Density
Residential to Medium Density Residential, and the
certification of the filing of Negative Declaration
ND -82 -4 by the Community Development Director.
The matter was introduced by Community Development
Director Schroeder, who presented a detailed presentation
regarding the matter and presented diagrams of the
subject area.
Speaking on behalf of the matter was Paul Hausler,
464 Almond Drive, Lodi.
Speaking in opposition to the matter was Mrs. Barbara
Kern, 448 Almond Drive, Lodi.
There being no other persons wishing to speaking on the
matter, the public portion of the hearing was closed.
Following discussion, with findings hereinafter
set forth, Council took the following actions:
On motion of Council Member Olson, Reid second,
Council certified the filing of the Negative Declaration
ND -82-4 Hausler/Almond Terrace Rezoning and.General
Plan Amendment by the Community Development Director.
On motion of Council Member Olson, Murphy second,
Council approved Section 2 of General Plan Land Use
Element Amendment No. GPA -LU -82-1, heretofore set forth.
Council Member Olson then moved for introduction of _
Ordinance No. 1259 rezoning the parcels at 428, 440, 448,
452, 458, and 464 Almond Drive, Lodi, from Low Density j
Residential to Medium Density Residential. The motion -
was seeonded by Mayor Reid and carried by unanimous vote.
RECESS Mayor Reid declared a five-minute recess and the Council
reconvened at approximately 10:20 p.m.
PUBLIC HEARINGS Section 3 of General Plan Land Use Element Amendment No.
CONTINUED GPA -LU -82-1 heretofore set forth, was considered simul-
GENERAL PLAN taneously with consideration of the recommended approval of
LAND USE ELEMENT the request of Al Haro to rezone the parcel at 301 North
NO. GPA -LU -82-1 Pleasant Avenue, Lodi, from R -C -P, Residential-Commercia
Professional, to C-2, Genezal, Commercial and the
Continued May 5, 1982
17.5
ND -82-6 by the Community Development Director.
The matter was introduced by Community Development
Director Schroeder, who presented a detailed presentation
regarding the matter, and presented diagrams of the
subject area.
There were no persons in the audience wishing to speak
on the matter, and the public portion of the hearing was
closed.
FOLLOWING DISCUSSION, WITH FINDINGS HEREINAFTER
SET FORTH, COUNCIL TOOK THE FOLLOWING ACTIONS:
On motion of Mayor Pro Tempore Murphy, Olson second,
Council certified the filing of the Negative Declaration
ND -82-6 - Haro General Plan Amendment by the Community
Development Director.
On motion of Councilman Pinkerton, Olson second, Council
approved Section 3 of General Plan Land Use Element
Amendment No. GPA -LU -82-1, heretofore set forth.
Councilman Pinkerton then moved for introduction of
Ordinance No. 1260 rezoning the parcel at 301 North
Pleasant Avenue from R -C -P, Residential -Commercial -
Professional, to C-2, General Commercial, The motion
was seconded by Mayor Pro Temp ore Murphy and carried
by unanimous vote.
Section 4 of General Plan Land Use Element Amendment
No. GPA -LU -82-1 heretofore set forth, was considered
simultaneously with consideration of the recommendation
that the parcel at 105 East Turner Road (i.e. Scenic
Overlook Property) be rezoned from F -P, Floodplain, to
R-1, Single Family Residential and the certification of
the filing of Negative Declaration ND -82-7 by the Community
Development Director.
The matter was introduced by Community Development
Director Schroeder, who presented a detailed report
regarding the matter, and presented diagrams of the
subject area.
There were no persons wishing to speak on the matter,
and the public portion of the hearing was closed.
FOLLOWING DISCUSSION, WITH FINDINGS HEREINAFTER
SET FORTH, COUNCIL TOOK THE FOLLOWING ACTIONS:
On motion of Councilman Pinkerton, Murphy second,
Council certified the filing of the Negative Declaration
ND -82-7 - Scenic Overlook/ Redesignate from Flood Plain
to Low Density Residential.
On motion of Council member Olson, Murphy second,
Council approved Section 4 of General Plan Land Use
Element Amendment No. GPA -LU -82-1, heretofore
set forth.
176
Continued May 5, 1982
Councilman Pinkerton then moved for introduction of
Ordinance No. 1261 - rezoning the parcel at 105 East Turner
Road (i.e. Scenic Overlook Property) from F -P, Floodplain,
to R-1, Single -Family Residential. The motion was
seconded by Mayor Pro Tempore Murphy and carried by
unanimous vote.
Councilman Pinkerton then moved for introduction
of Ordinance No. 1257 - General Plan Land Use Element
Amendment No. GPA -LU -82-1, including all four
sections with findings hereinafter set.forth. The motion
was seconded by Mayor Pro Tempore Murphy and
carried by unanimous vote. Ordinance No. 1257 is hereby
set forth in its entirety.
ORDINANCE NO. Findings to be established by Lodi City
1257, 1258, 1259, Council on General Plan - Land Use
1260, and 1261 Element Amendment No. GPA -LU -82-1
INTRODUCED
CC - 1,49 1. Negative Declarations filed by Community Development
cc - 3S-Ck. Director on all sections are in order.
2. All proposed sections of the General Plan Amendment
are in the public's interest.
3. 1600 West Kettleman Lane (Grupe Communities ) -
There is a need for additional condominium property
(higher density and office area) in the Lodi area, and
subject lends itself to these land uses.
4. 428, 440, 448, 452, 158 and 464 Almond Avenue (Hausler)-'
Property along Almond Drive is adjacent to other
multi -family residential designation and therefore
this would lend itself to that designation.
301 North Pleasant Avenue (Haro) -
This property is adjacent to already existing commercial
property, and this change would therefore be made to
make this property consistent with other surrounding
property.
6. 105 E. Turner Road (i.e. Scenic Overlook Property -
This property is no longer in the Flood Plain, and it
would be reasonable to redesignate this property to
Low -Density Residential.
An Ordinance amending the land use element of
the General Plan of the City of Lodi by a)
redesignating a portion of 1600 West Kettleman
Lane, Lodi, from Low -Density Residential
to Office -Institutional b) redesignating the
parcels at 4Z8, 440, 448, 452, 458 and 464 Almond
Drive, Lodi, from Low -Density Residential to
Medium -Density Residential c) Redesignating
the parcel at 301 North Pleasant Avenue, Lodi, from
Medium -Density Residential to Commercial;
and redesignating 105 E. Turner Road, Lodi,
(i. e. Scenic Overlook Property) from Recreational
to Low -Density Residential.
The City Council of the City of Lodi does ordain as
follows:
Section 1. - The Land Use Element of the General
Plan of the City of Lodi is hereby amended by a)
redesignating a portion of 1600 Nest Kettleman Lane.
Continued May 5, 1982
Lodi, from Low -Density Residential to Office -Institutional
b) redesignating the parcels at 428, 440, 448, 452, 458 and
464 Almond Drive, Lodi, from Low -Density Residential
to Medium -Density Residential c) redesignating the
parcel at 301 North Pleasant Avenue, Lodi, from Medium -
Density Residential to Commercial; and redesignating
105 East Turner Road, Lodi, (i.e. Scenic Overlook
Property) from Recreational to Low -Density Residential.
Section 2. - All ordinances and parts of ordinances in
conflict herewith are repealed insofar as such conflict
may exist.
Section 3. - This ordinance shall be published one
time in the "Lodi Life and Times", a twice weekly news -
paper of general circulation printed and published in the
City of Lodi and shall be in force and take effect thirty
days from and after its passage and approval.
Approved this 19th day of May, 1982
Name
Mayor
Atte st:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
177
1; Alice M. Reimche, City Clerk of the City of Lodi,
do hereby certify that Ordinance No. 1257 was introduced
at a regular meeting of the City Council of the City
of Lodi held May 5, 1982 and was thereafter passed,
adopted and ordered to print at a regular meeting of
said Council held May 19, 1982 by the following vote:
Ayes: Council member - Olson, Snider, Pinkerton,
Murphy and Reid
Noes: Council member - None
Absent: Council member - None
Abstain: Council member - None
I further certify that Ordinance No. 1257 was approved
and signed by the Mayor on the date of its passage and
the same has been published pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to form
RONALD M. STEIN
City Attorney
178
Continued May 5, 1982
PLANNING COMMISSION City Manager Glaves gave the following report on
the Planning Commission meeting of April 26, 1982:
The Planning Commission -
ITEMS OF INTEREST 1. Conditionally approved the request of G &: H
i ( c . Leisure Enterprises for a Tentative Parcel Map to
divide the lot at 841 East Kettleman Lane (APN 049 -
070 -27) into two parts with Parcel 1 containing 0. 562
Acres and Parcel 2 - 0.723 acres in an area zoned
C-2, General Commercial.
The Planning Commission certified the filing of a
Negative Declaration as adequate Environmental
Documentation for this project.
2. Conditionally approved the request of Pizza Time
Theatre, Inc. for a Use Permit for video and arcade
games and kiddie rides in conjunction with a pizza
restaurant at 550 South Cherokee Lane in an area
zoned C-2, General Commercial.
3. Conditionally approved the re quest of Albino Paz
for a Use Permit to convert a portion of the banquet
room into a card room at Los Compadres Restaurant
at 110 North Cherokee Lane in an area zoned C-2,
General Commercial.
Since the operation of trains in your area is under the
jurisdiction of Mr. K. A. Moore, Sacramento Division
Superintendent, a copy of your letter is being passed
to him with request that he take necessary precautions
against excessive and unnecessary whistling in this
territory."
City Clerk Reimche was directed to forward a copy
of this.letter to Mr. Lawrence Wilson, who initiated
the subject complaint.
4. Determined that a solar collection rack, which is
partially constructed in the rear yard at 9 Mulberry
Court, constitutes a structure under the definition
of the Zoning Ordinance and it must be relocated so
as to maintain a maximun of 30 percent coverage of
the required 10 -foot rear yard.
COMMUNICA TIONS
City Clerk Reimche presented a letter which had been
(City Clerk)
received from C. T. Babers, General Manager,
Southern Pacific Transportation Company in response
to a complaint regarding excessive whistle blowing
by locomotive engineers which read in part as follows:
COMPLAINT RE
"We do not condone excessive blowing of the train
EXCESSIVE WHISTLE
whistle, but the locomotive engineer is required by
BLOWING BY LOCO-
rules and court decisions to sound a warning as the
MOTIVE ENGINEERS
train approaches a grade crossing regardless of the
type of crossing protection that exists. This signal
is to be commenced sufficiently in advance to afford
ample warning, but not less than one-quarter mile
before reaching the crossing. Additionally, it is
necessary to use the train whistle as a means of
communications in train operations and for standard
safety procedures.
Since the operation of trains in your area is under the
jurisdiction of Mr. K. A. Moore, Sacramento Division
Superintendent, a copy of your letter is being passed
to him with request that he take necessary precautions
against excessive and unnecessary whistling in this
territory."
City Clerk Reimche was directed to forward a copy
of this.letter to Mr. Lawrence Wilson, who initiated
the subject complaint.
179
Continued May 5, 1982
ABC LICENSE
City Clerk Reimche presented the following
APPLICATIONS
applications for Alcoholic Beverage Licenses which
TING AGENT
had been received:
RES. NO. 82 -42
Reed & Graham, Inc. 5, 000 $5,247.00
a) David A. and Joanne G. Hildenbrand, Hildenbrand's
A. M. /P. M. Mini Mart, 225 S. Cherokee Lane, Lodi
Off Sale Beer and Wine.
b) Pizza Time Theatre, Inc. , 550 S. Cherokee Lane,
Suite E. Lodi, On -sale beer and wine eating place.
c) Porfis Mexican Food, Inc. , 910 S. Cherokee Lane,
Lodi - On Sale General Eating Place.
APPEAL RE SOLAR
City Clerk Reimche presented a letter which had
PANEL SUPPORT
been received from Dennis E. Lewis, 9 Mulberry
Court, Lodi, appealing the Planning Commissions'
determination that the Solar Panel Support partially
-
constructed in his rear yard at 9 Mulberry Court
constitutes a structure.
On motion of Councilman Pinkerton, Murphy second,
Council set the aforementioned appeal for Public
Hearing on May 19, 1982 at 8:00 p.m.
COMMENTS BY
City Clerk Reimche presented a letter which had been
CITY COUNCIL
received from various residents in the 700, 800, and
MEMBERS
900 block of Loma Drive indicating their concern about
the way young people are racing up and down Loma Drive
going to Lodi Lake. The letter further stated that
`
they don't think cars should be allowed to drive into
the Lake area.
GATE ADMISSIONS A very lengthy discussion followed regarding the
FOR VEHICLES problems being encountered in the area of Lodi Lake.
ESTABLISHED AT On motion of Mayor Pro Tempore Murphy, Pinkerton
LODI LAKE PARK second, Council adopted Resolution No. 8Z-41 directing
that a gate admission of $1. 00 be established at Lodi
RES. NO. 82 -41 Lake Park effective May 10, 1982 commencing at 12
noon, Monday through Friday and all day Saturday
and Sunday.
REPORTS OF THE CITY In accordance with report and recommendation of the
MANAGER City Manager, the following actions, hereby set forth
between asterisks, on motion of Councilman Pinkerton,
Murphy second, were approved by the Council.
. . . . . . . . .. . . . . .. . . . . . . .
CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF
$669, 906. 74.
AWARD CONTRACT FOR
City Manager Glaves presented the following bids
ASPHALT REJUVENA -
which had been received to supply 5, 000 gallons of
TING AGENT
asphalt rejuvenating agent.
RES. NO. 82 -42
Reed & Graham, Inc. 5, 000 $5,247.00
Western Asphalt Service 5,000 6,466.00
Sheldon Oil Company 5,000 6, 837.00
On recommendation of the City Manager, Council
adopted the following resolution:
180
Continued May 5, 1982
RESOLUTION NO. 82-42
RESOLUTION AWARDING THE CONTRACT TO SUPPLY
5,000 GALLONS OF ASPHALT REJUVENATING AGENT
TO REED AND GRAHAM, INC., THE LOW BIDDER
IN THE A MOUNT OF $5, 247. 00.
A draft resolution adopting the -San Joaquin County
1982 Air Ouality Management Plan was presented
for Council's consideration.
S. J. CO. AIR QUALITY A lengthy discussion followed with questions being
MANAGEMENT PLAN
directed to Staff.
ADOPTED
On motion of Councilman Pinkerton, Murphy second,
RES. NO. 82-43
Council adopted Resolution No. 82-43 thereby adopting
_
the San Joaquin County 1982. Air Quality Management
'gyp
Plan, with the exception of the section dealing with
Pesticides.
CONTRACT FOR
Following introduction of the matter by Staff, Council
MAINTENANCE OF
on motion of Mayor Pro Tempore Murphy, Olson
LODI MUNICIPAL
second, adopted Resolution No. 82-44 approving
COURT BUILDING
the modification of Agreement
APPROVED - .y ';
with the County of San Joaquin for the operation of
%-
the Lodi Public Safety/Court Building, and authorizing
RES. NO. 82 -44 i , 3DB
the Mayor and City Clerk to execute the Agreement
CO
on behalf of the City.
i•
APPOINTMENTS TO
Mayor Reid, with the concurrence of the City
VARIOUS BOARDS
Council, on motion of Councilman Pinkerton, Murphy
AND COMMISSIONS
second, appointed Darrel Johnson as Lodi's
representative to the San Joaquin County Crime
_
Awareness Prevention Commission.
Mayor Reid, with the concurrence of the Council,
C�
following discussion, on motion of Councilman
Pinkerton, Murphy second, made the following
appointments to various Boards and Commissions:
COUNTY COUNCIL OF GOVERNMENTS
Executive Board Principal Alternate
James Pinkerton Evelyn Olson
Transportation
Policy
Committee Robert Murphy Fred Reid
SOLID WASTE MANAGEMENT BOARD
John (Randy) Snider James Pinkerton
NORTHERN CALIFORNIA POWER AGENCY
Fred Reid Robert Murphy
Henry Glaves
Continued May 5, 1982
COUNCIL SUPPORTS
SB500 (BEVERLY)
RES. NO. 82 -45
ADJOURNMENT
191
Mayor Reid, with the concurrence of the City
Council, on motion of Mayor Pro Tempore Murphy,
Olson second, appointed the following persons to the
City of Lodi Arts Commission.
Kathy Terra, D. Juan Gonzales, Mel Brenner,
Sara Heberle, Nancy Carey, Kathleen Gonzales,
Phawnda Cochran, Bill Chapman, Richard P. Corey,
Gwinnett H. Mitchell, Laura R. Wild, Suse Chacon,
Gay Stewart, Eileen Chaffee, Carol Marvel.
Mayor Reid, with the concurrence of the City Council,
on motion of Councilman Pinkerton, Murphy second,
named Mrs. Gwinett H. Mitchell as Chairman of
the City of Lodi Arts Commission.
Mayor Reid apprised the Council that the City of
Lodi would not have a representative on the Local
Agency Formation Commission this year.
City Attorney Stein gave a detailed report on SB 500
(Beverly) which deals with the subject of joint and
several liability. Mr. Stein asked for Council's
support on this piece of legislation. Following
discussion, with questions being directed to the City
Attorney, Council, on motion of Councilman Pinkerton,
Murphy second, adopted Resolution No. 82-45 supporting
SB500 (Beverly).
There being no further business to come before the
Council, the meeting was adjourned at approximatel y
11:15 p: M.
A tte s t.,
ALICE M. REIMCHE
City Clerk