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HomeMy WebLinkAboutMinutes - March 4, 1981b4 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS March 4, 1981 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, March 4, 1981 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (arrived 8:02 p.m.), McCarty,.Pinkerton, and Katnich (Mayor) Absent: Councilmen - Murphy Also present: City Manager Glaves, Assistant City Mana- ger Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Stein, and City Clerk Reimche INVOCATION AND The invocation was given and was followed by the PLEDGE Pledge of Allegiance to the flag, led by Mayor Katnich PROCLAMATIONS Mayor Katnich presented the following Procla- mations: a) "International Demolay Week" b) "Women's History Week" PUBLIC HEARINGS Notices thereof having been published in accordance b) Consider the City Planning Commission's recommended approval of the request of Chris Katopothis, et al to rezone ' 515-721 West Kettleman Lane and 1336 South Crescent Avenue from R -MD, Medium Density Multiple Family Residential to R -C -P, Residential, Commercial, Professional c) Consider the City Planning Commission's recommendation and certification of the filing of a Negative Declaration by I the Community Development Director on the request of Chris Katopothis to amend the Land Use Element of the General Plan by redesignating 515-721 with law and affidavits of publication being on LAND USE ELEMENT file in the office of the City Clerk, Mayor AMENDMENT REZONING _ Katnich called for the Public Hearing to consider AND CERTIFICATION the following three items, after it was determined OF NEGATIVE the items could be heard together: DECLARATION RE 515-721 W. a) Consider the City Planning Commission's KETTLEMAN LANE recommended approval of the request of AND 1336 S. Chris Katopothis et al to amend the CRESCENT AVE., Land Use Element of the General Plan LODI by redesignating 515-721 West Kettleman Lane and 1336 South Crescent Avenue from ORD. NO. 1223 Medium Density Residential to Office - AND 1224 Institutional. INTRODUCED b) Consider the City Planning Commission's recommended approval of the request of Chris Katopothis, et al to rezone ' 515-721 West Kettleman Lane and 1336 South Crescent Avenue from R -MD, Medium Density Multiple Family Residential to R -C -P, Residential, Commercial, Professional c) Consider the City Planning Commission's recommendation and certification of the filing of a Negative Declaration by I the Community Development Director on the request of Chris Katopothis to amend the Land Use Element of the General Plan by redesignating 515-721 365 Continued March 4, 1981 West Kettleman Lane, Lodi, and 1336 South Crescent Avenue, Lodi, from Medium Density Residential to Office -Institutional and to rezone 515-721 West Kettleman Lane, Lodi, and 1336 South Crescent Avenue, Lodi, from R -MD, Medium Density Multiple Family Residential to R -C -P, Residential, Commercial, Professional. i The matters were introduced by Community Development Director Schroeder who presented diagrams of the subject area. Mr. Schroeder informed the Council 100% of the property owners within the subject area had signed the petition proposing these changes. The following persons spoke on behalf of the matter: a) Mr. Kris Katopothis, 531 W. Kettleman, Lodi. Mr. Katopothis stated that he was speaking on behalf of all the property owners within the subject area. b) Mannie Trefz, 521 N. Lower Sacramento Road, Lodi, California There being no other persons wishing to speak either in favor or in opposition to the matter, the public portion of the hearing was closed. Following discussion, Council, on motion of -- Mayor Pro Tempore McCarty, Pinkerton second, approved the certification of the filing of a Negative Declaration by the Community Develop- ment Director on the request of Chris Katopothis to amend the Land Use Element of the General Plan by redesignating 515-721 West Kettleman Lane, Lodi, and 1336 South Crescent Avenue, Lodi, from Medium Density Residential to Office Institu- tional and to rezone 515-721 West Kettleman Lane, Lodi, and 1336 South Crescent Avenue, Lodi, from R -MD, Medium Density Multiple Family Residential to R -C -P, Residential, Commercial, Professional. Councilman Pinkerton then moved for introduction of Ordinance No. 1223 amending the Land Use Element of the General Plan by redesignating 515-721 West Kettleman Lane and 1336 South Crescent Avenue from Medium Density Residential to Office -Institutional. The motion was seconded by Mayor Pro Tempore McCarty and carried by unanimous vote. Mayor Pro Tempore McCarty then moved for intro- duction of Ordinance No. 1224 rezoning 515-721 West Kettleman Lane and 1336 South Crescent Avenue from R -MD, Medium Density Multiple Family Residential to R -C -P, Residential, Commercial, Professional. The motion was seconded by Councilman Pinkerton and carried by unanimous vote. PLANNING City Manager Glaves gave the following report COMMISSION of the Planning Commission meeting of February 23, 1981. The Planning Commission - -2- 360 - Continued March 4, 1981 ITEMS OF INTEREST 1. Approved the request of Glen I. Baumbach, Baumbach and Piazza, Consulting Engi- neers, on behalf of Lodi Associates for a Revised Tentative Map for Stonetree Estates, a 3 -lot, 5.7 acre, 90 unit condominium project to be located at the southwest corner of South Cherokee Lane and Almond Drive in an area zoned P -D(20), Planned Development District No. 20. Determined that a Zoning Hardship existed and approved the request of Lee Meidinger on behalf of Ronald Kinkaid for zoning Variances to reduce the required front yard from 20 feet to 7 feet and to reduce the required side yard to less than 5 feet to permit the addition of 3 living units to an existing single-family dwelling at 414 South Church Street in an area zoned R -MD, Medium Density Multiple Family Residential. Determined that the size and shape of the parcel constituted a Zoning Hard- ship and approved the request of Rodney B. Rosa for a Variance to reduce the required off-street parking from 1 to 10 spaces to permit the erection of a barber shop at 305 West Lockeford Street in an area zoned C-2, General - Commercial. Recommended that the San Joaquin County Planning Commission approve the request of J.W. Duncan to reclassify property located on the north side of Mokelumne Street between Orange and Chestnut Streets in Woodbridge from EA-AP3, GA -1, GA -40, EA -5 and R-3 to R-2. COMMUNICATIONS City Clerk Reimche apprised the Council that a letter had been received from Pacific Gas and PUC APPLICATION Electric Company giving notice that in PUC Application No. 60263, it has requested authoriza- tion under its Gas Adjustment Clause to revise its gas service tariff effective April 1, 1981, to reflect gas costs, to amortize the Gas Cost Balance Account undercollection, and to modify its Gas Adjustment Clause. LETTER RECEIVED The City Clerk presented a copy of a letter which RE HARRASSMENT had been sent to Mr. Peter Verdoorn, Executive TO CITIZENS Director, San Joaquin County Council of Governments, ATTEMPTING TO from Ernest Lent, Chairman of the Steering Board, TESTIFY AT San Joaquin County Senior Advocacy Council appris- TRANSPORTATION ing Mr. Verdoorn that no reply has been received HEARING from the Lodi City Council in answer to a letter sent to the Council by Mr. Lent on November 26, 1980 regarding threats and harrassement to citizens attempting to testify at the Transport- ation Hearings held November 19, 1980- Council -3- 367 Continued March 4, 1981 "Assemblyman Hannigan has requested me to respond to a request from Speaker Pro Tempore McCarthy that our office bring you up to date about the status of the Agricultural Lands Task Force. The task force has finished its work and has thus been discontinued. It held several meet- ings to examine various alternatives for preserv- ing agricultural land. Unfortunately, at the end of its deliberations the task force remained quite divided on the question of whether major legislative action was necessary or appropriate at this time to deal with the agricultural land issue. Because no consesus was produced, the task force issued no reports and published no documents, thus, our office has no accounts of recommendations or proceedings which we can send to you. discussion followed with Mayor Katnich apprising the Council that he has attempted to reach Mr. Lents by telephone, and will continue in his attempts to reach him. LODI CABLE TV City Clerk Reimche presented a letter which RATE INCREASE had been received from Mr. Fred Honnold, APPLICATION Manager, King Videocable Company, DBA Lodi CABLE TV, making application to the City Council _ ..._ for approval to raise its rates.pursuant to Resolution 80-64. The new rates would go into effect on April 1, 1981 according to the cor- respondence. Council discussion followed regarding service, rates, etc., with Council directing questions regarding the subject to Mr. Honnold, who was in the audience. PRIORITY PLAN A letter dated February 19, 1981 setting forth FOR EXPENDITURES the priority plan for expenditures for the FOR CALIFORNIA California Parklands Act of 1980 as submitted PARKLANDS ACT by the San Joaquin County Department of Parks OF 1980 and Recreation was presented for Council's PRESENTED scrutiny. PROJECT FUNDING City Clerk Reimche presented a letter which had DENIED ON EDA been received from Phyllis Lamphere, Regional PROJECT - Director of the U.S. Department of Commerce, CLUFF AVENUE Economic Development Administration which stated STORM DRAIN in part that "as a part of the Administration's _j economic program, the President will shortly be sending to the Congress a request to rescind a large portion of EDA's fiscal 1981 appropria- tion and loan guaranty authority. The amount remaining in FY 81 will be sufficient only to fund projects which have already been approved". Accordingly, Ms. Lamphere advised the City of Lodi that its pending project cannot be approved. Since the President will not be requesting pro- gram funds for FY 82, hope cannot be held out for funding of the City's project next year. COMMENTS BY CITY COUNCILMEN LETTER RE Council discussed a letter which had been received from AGRICULTURAL Thomas H. Willoughby, Chief Consultant, Assembly LANDS TASK California Legislature which reads in part as FORCE follows: "Assemblyman Hannigan has requested me to respond to a request from Speaker Pro Tempore McCarthy that our office bring you up to date about the status of the Agricultural Lands Task Force. The task force has finished its work and has thus been discontinued. It held several meet- ings to examine various alternatives for preserv- ing agricultural land. Unfortunately, at the end of its deliberations the task force remained quite divided on the question of whether major legislative action was necessary or appropriate at this time to deal with the agricultural land issue. Because no consesus was produced, the task force issued no reports and published no documents, thus, our office has no accounts of recommendations or proceedings which we can send to you. Continued March 4, 1981 Although Assemblyman Hannigan remains keenly interested in preserving agricultural land, there does not appear to be widespread support for major legislation at this time." LETTER RECEIVED Mayor Pro Tempore McCarty made additional comments RE HARRASSMENT TO regarding the letter received from Mr. Ernest - CITIZENS ATTEMPT- Lent, Steering Board Chairperson, San Joaquin ING TO TESTIFY AT County Senior Advocacy Council, and addressed TRANSPORTATION the Council on the conduct of the Transportation HEARING Hearings held in Lodi on November 19, 1980 which Mayor Pro Tempore McCarty chaired. PRESIDENT Mayor Katnich read aloud a letter which had REAGAN URGED TO been drafted by City Clerk Reimche at the direction RESCIND of the City Council addressed to the President MULTI-LINGUAL of the United States urging that in view of BALLOT the present economy of the nation and the finan- REQUIREMENTS cial reversals being encountered by cities through - 4 aut this nation, that immediate action be taken to rescind the multi-lingual ballot requirements of the Voting Rights Act. VARIOUS Following introduction of the matter by Council - PROGRAMS man Pinkerton, Council, on motion of Councilman INTRODUCED BY Pinkerton, Hughes second, adopted Resolution No. REAGAN 81-19, whereby the City Council of the City of ADMINISTRATION Lodi, California, commends and supports President ENDORSED BY Ronald Reagan on the various programs introduced COUNCIL __;! by his administration reducing the size of Government, supporting fiscal restraint and RES. NO. 81-19 responsibility and fortifying our national defense. LODI AMBULANCE As requested by Mayor Pro Tempore McCarty, City SERVICE Attorney Stein prepared a letter regarding the relationship between the City of Lodi and the ambulance service operating therein. Council discussion followed with Mayor Katnich appointing Mayor Pro Tempore McCarty to review the ambulance rates. BUSINESS LICENSE A brief discussion was held by the Council regard - REQUIREMENTS RE ing Business License requirements for vendors STREET CORNER selling flowers on City street corners. No FLOWER VENDORS action was taken by the Council on the matter. REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Mayor Pro Tempore McCarty, Katnich second were approved by the Council. CLAIMS s CLAIMS WERE APPROVED IN THE AMOUNT OF $1,185,737.17.1 MINUTES APPROVED Councilman Pinkerton asked to abstain from voting on the approval of the Minutes of February 18, 1981 as he was not present at that meeting and could not attest to the accuracy of the Minutes. THE MINUTES OF JANUARY 21,1981, FEBRUARY 4, 1981, AND FEBRUARY 18, 1981 WERE APPROVED AS WRITTEN. Continued March 4, 1981 369 ITEMS REMOVED FROM With the tacit concurrence of the City Council, AGENDA the following items were removed from the agenda: a) Agenda item "c" - "Accept MSC -Phase II Improvements" b) Agenda item "i" - "Approve Letter Agreement with Grupe Communities for exchange of lands (Kettleman Lane 20' strip)" c) Agenda item "j" - "Approve transfer of lands with Guarantee Savings and Loan Association and Genie Construction (Kettleman Lane 20' strip)" d) Agenda item "k" - "Approve Agreement with L. Williams for Hale Road Develop- ment" e) Agenda item "1" - "Amendment to Liabili- ty Administration Agreement with R.L. Kautz and Co." ACCEPTANCE OF Council was apprised that the contract which had "TRAFFIC SIGNAL been awarded to Collins Electrical Company, Inc., INSTALLATIONS" of Stockton on January 16, 1980, in the amount of $496,000 has been completed in substantial ^� conformance with the plans and specifications approved by the City Council. The final contract price was $507,666.76. The major difference between the contract amount and the final contract price is due to: 1) Replacement of an existing conduit that was too small for required additional wires; 2) Additional conduit and wire crossing of Lodi Avenue 3) Replacement of existing conduit and wire for the interconnect from School Street to Sacramento Street. COUNCIL ACCEPTED THE IMPROVEMENTS IN TRAFFIC SIGNAL INSTALLATIONS FAU MG 3039 (1), AND DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. INSTALLATION OF Council was apprised that the City has received 4 -WAY STOP SIGNS a request from Bainbridge and Sternfels, Attor- AT INTERSECTIONS neys at Law, whose office is at Fairmont OF FAIRMONT AVE. Avenue and Tokay Street, for a 4 -way stop instal - AND TOKAY STREET, lation at that intersection, and a request from AND FAIRMONT Dennis Swanson, D. C. and Wayne B. McAllister, AVENUE AND VINE D. C., whose offices are at Fairmont Avenue and STREET Vine Street, for a 4 -way stop installation at that intersection. RES. NO. 81-20 Following receipt of a Staff report and on recommendation of the City Manager, Council adopted the following resolution: RESOLUTION NO. 81-20 RESOLUTION APPROVING THE INSTALLATION OF 4 -WAY 370 Continued March 4, 1981 c) Resolution No. 81-23 approving a Lot Line Adjustment - Lots 199 and 200 Beckman Ranch 3 (i.e. 810 and 816 Pinot Noir Drive, Lodi) STOP SIGNS AT THE INTERSECTION OF FAIRMONT CHECK RECEIVED AVENUE AND TOKAY STREET, AND FAIRMONT AVENUE FROM OLD LODI 1 AND VINE STREET, AND THE MODIFICATION OF THE UNION HIGH "NO PARKING" LIMITS AT BOTH INTERSECTIONS. LOT LINE Following recommendation of Staff, Council ADJUSTMENTS adopted resolutions approving the following lot APPROVED line adjustments: RES. NO. 81-21, a) Resolution 81-21 approving a Lot Line 81-22, AND Adjustment - 107 and 109 North School 81-23Street, Lodi COMMITTEE owned by the City of Lodi. Dr. Johnson also b) Resolution No. 81-22 approving a Lot Line Adjustment - 1619 and 1621 Holly Drive, Lodi c) Resolution No. 81-23 approving a Lot Line Adjustment - Lots 199 and 200 Beckman Ranch 3 (i.e. 810 and 816 Pinot Noir Drive, Lodi) CHECK RECEIVED Mr. Ken Boyd presented a check in the amount FROM OLD LODI 1 of $25,000.00 on behalf of the Old Lodi Union UNION HIGH High School Site Foundation. Appreciation SCHOOL SITE "" was extended to the Foundation for their efforts FOUNDATION in raising these funds. PRESENTATION BY Dr. Frank Johnson, Chairman, Lodi Community LODI COMMUNITY Center Development Committee presented a report CENTER regarding recommendations concerning the future DEVELOPMENT use and development of various properties COMMITTEE owned by the City of Lodi. Dr. Johnson also presented a proposal for design services for the Lodi Community Center. A lengthy discussion followed with questions being directed to Staff and to Dr. Johnson. Mayor Katnich requested that the subject of the "Old" Lodi Union High School Site be placed on the agenda for discussion at the March 18, 1981 regular Council Meeting. LOBAUGH SOUTH Following introduction of the matter by Community REORGANIZATION Development Director Schroeder, Council, on motion of Mayor Pro Tempore McCarty, Hughes RES. NO. 81-24 second, certified the filing of the Negative Declaration on the Lobaugh South Reorganization. On motion of Mayor Pro Tempore McCarty, Pinkerton second, Council adopted Resolution No. 81-24 - "Reso- lution of the Lodi City Council for the Appli- cation to the San Joaquin County Local Agency Formation Commission in the matter of the proposed "Lobaugh South Reorganization", including the detachment of said territory from the Woodbridge Rural Fire Protection District and the Wood- bridge Irrigation District. REQUEST FOR Council was apprised that Assistant City Manager PROPOSAL FOR Glenn had received a draft of a Request for Pro - TRANSIT SYSTEM posal from Mr. Hinshaw of CALTRANS for a fixed route transit system. The proposal contains the standard boiler plate for such requests and includes the same concepts as Mr. Hinshaw discussed with the Council at a previous shirt- sleeve session. The draft proposal was presented for Council's scrutiny. A very lengthy discussion followed with questions being directed to Staff. Points of discussion included: 371 Continued March 4, 1981 -R- 1) Suggestion to develop management rationals 2) The fact that Dial -A -Ride is not public transportation 3) Suggestion that a minor subsidy be provided for all people to use Dial - A -Ride Following additional discussion, on motion of Mayor Katnich, Hughes second, the matter was continued to the regular Council Meeting of March 18, 1981 when a full Council would be in attendance. "NO PARKING" Council was reminded that in November 1977, RESTRICTIONS and April, 1980, the City Council adopted reso- ON SOUTH SIDE lutions prohibiting parking in certain areas OF CENTURY in the vicinity of Tokay High School between BOULEVARD 9:00 a.m. and 10:00 a.m., and between 12:30 EXTENDED p.m. and 1:30 p.m. The school has now requested that the restrictions be extended to 2:30 p.m. RES. NO. 81-25 in the area depicted on a diagram presented for Council scrutiny. A letter from Orlando Spero, !-- i ,/Assistant Principal at Tokay High School, stating their reasons for making this request was also presented for Council's review. In October, 1980, the City received a similar request from Constantine Baranoff, Director of Facilities and Planning, for the Lodi Unified School District. Speaking on behalf of the request was Mr. Leroy Carney, 233 S. Fairmont Avenue, Lodi. A very lengthy discussion followed with questions being directed to Staff and to Mr. Carney. On motion of Councilman Pinkerton, McCarty second, Council adopted Resolution No. 81-25 extending the "No Parking" restrictions on the south side of Century Boulevard between Scarborough Drive and Ham Lane to 2:30 p.m. RECESS Mayor Katnich declared a 5 -minute recess and the Council reconvened at 9:45 p.m. AWARD - CONTRACT Council was informed that the City had received FOR MAINTENANCE the following three proposals for maintenance of OF CITY RADIO radio equipment: EQUIPMENT FIRM ANNUAL UNCOVERED RES. NO. 81-26 NAME CONTRACT AMOUNT WORK Delta Communication $18,009.00 $40.00/hr. McGee Communication $20,741.40 $36.00/hr. Motorola Communications $21,661.80 $49.00/hr. Following Staff's recommendation, on motion of Councilman Pinkerton, McCarty second, Council adopted Resolution No. 81-26 awarding the contract for the maintenance of City Radio Equipment to Delta Communication. -R- 3%2 Continued March 4, 1981 RESOLUTION Following introduction of the matter by City PROVIDING FOR Manager Glaves, Council, on motion of Councilman WORKMEN'S Pinkerton, McCarty second, adopted Resolution COMPENSATION No. 81-27 providing for Workmen's Compensation INSURANCE FOR Insurance for volunteer workers and appointees by VOLUNTEER the Council to various Boards and Commissions WORKERS & pursuant to State of California Labor Code APPOINTEES OF Section 3363.5 et seq. THE COUNCIL RES. NO. 81-27 ORDINANCES Ordinance No. 1222, entitled, " An Ordinance Amending the Municipal Code of the City of ORDINANCE Lodi by Amending Chapter 8B Relative to Community AMENDING Housing Project Conversions of Residential or ORDINANCE NO. Housing Units, and Amending Section 27-15 of 1187 RE the Municipal Code Relating to the Requirement CONVERSION TO of a Use Permit, for Conversion to a Community COMMUNITY HOUSING Housing Project of Residential or Housing Units; PROJECT OF and for the Construction of a Community. Housing RESIDENTIAL OR Project, a Condominium, a Community Apartment HOUSING UNITS Project, a Stock Cooperative or a Planned Development", having been introduced at a regular ORD. NO. 1222 meeting of the Council held February 18, 1981 ADOPTED was brought for passage on motion of Mayor Pro Tempore McCarty, Pinkerton second. Second reading was omitted after reading by title, and the Ordinance was then passed, adopted, and ordered to print by the following vote: Ayes: Councilmen - Hughes, McCarty, Pinkerton, and Katnich Noes: Councilmen - None Absent: Councilmen - Murphy ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned to a "Closed Session" at approximately 10:30 p.m. Mayor Katnich indicated that the Council would not reconvene after the "Closed Session". Attest: , ALICE M. IMCHE/ City Clerk