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HomeMy WebLinkAboutMinutes - May 20, 1981CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS May 20, 1981 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, May 20, 1981 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (Arrived 8:05 p.m.), Katnich, Murphy, Pinkerton, and McCarty (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Reverend Harvey Klapstein, Bethel Open Bible Church PLEDGE Mayor McCarty led the Pledge of Allegiance to the flag. COUNCILMAN HUGHES ARRIVES - 8:05 p.m. PRESENTATIONS/ Mayor McCarty recognized Delta College Political ACKNOWLEDGEMENTS Science students who were in the audience. MEDICAL ASSISTANTS Mayor McCarty acknowledged "Medical Assistants WEEK Week" - May 11 - 15, 1981. HUNGER AWARENESS Mrs. Glenda Hesseltine addressed the Council PROGRAM regarding the "Hunger Awareness Program". PUBLIC Notice thereof having been published in accordance HEARINGS with law and affidavit of publication being on file in the office of the City Clerk, Mayor McCarty AMENDMENT TO P -D called for the Public Hearing to consider the City 21 THEREBY Planning Commission's recommended approval of the INCREASING THE request of Grupe Communities, Inc., by Luis Arismendi ALLOWABLE to amend P -D (21), Planned Development District No. RESIDENTIAL 21 by increasing the allowable residential density DENSITY FROM from 18 units per acre to 22 units per acre on Lot 18 UNITS PER 56 of Lakeshore Village Subdivision which is ACRE TO 22 UNITS located on the south side of West Kettleman Lane, PER ACRE ON LOT 56 west of the W.I.D. Canal. LAKESHORE VILLAGE SUBDIVISION The matter was introduced by Community Develop- ment Director Schroeder, who presented diagrams ORD. NO. 1226 of the subject area. Mr. Schroeder indicated INTRODUCED that the proposed amendment would not change or affect the General Plan. Speaking on behalf of the proposed amendment was: a) Mr. Luis Arismendi, Grupe Communities, 2191 W. March Lane, Stockton, California, who stated that this was basically a marketing request. Market surveys indicate that there is a better market for smaller units. Also addressing the Council on the matter was Ms. Barbara Lea (4266 Almond Drive, Lodi). Ms. Lea asked if the 20 acre lake is considered in the density. Mr. Schroeder replied that without the lake it would still not be over 10 units per acre. -1- 421 Continued May 20, 1981 There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. Following Council discussion, Councilman Katnich moved for introduction of Ordinance No. 1226 - Ordinance amending P -D 21, Planned Development District No. 21 by increasing the allowable resi- dential density from 18 units per acre to 22 �- units per acre on Lot 56 of Lakeshore Village Subdivision, which is located on the south side of West Kettleman Lane, west of W.I.D. Canal. The motion was seconded by Councilman Pinkerton and carried by unanimous vote. APPROPRIATIONS Notice thereof having been published in accordance OF FEDERAL with law and affidavit of publication being on file REVENUE SHARING in the office of the City Clerk, Mayor McCarty FUNDS - 1980-81 called for the Public Hearing to consider the BUDGET APPROVED proposed appropriations of Federal Revenue Sharing Funds - 1980-1981 Budget - $401,351. ORD. NO. 1227 INTRODUCED A breakdown of the proposed appropriations was presented to the Council and was recapped by City �In Manager Glaves. Questions regarding the proposed a) Communications Study - $11,370 and b) Modification to Police Radio System - $25,000 were raised by the Council. City Manager Glaves called on Dr. Henry Richter of Telecomm Consultants, Inc., who the City Mana- ger is proposing be retained for the subject study. Dr. Richter then responded to questions as were posed by the Council. There being no persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Following discussion, Councilman Hughes moved for introduction of Ordinance No. 1227 - Ordinance approving appropriations of Federal Revenue Sharing Funds - 1980-81 Budget - $401,351.; however, requesting that additional information be provided to Council on a) Communications Study - $11,370 b) Modification to Police Radio System - $25,000 and c) Word Processors - $20,000. The motion was seconded by Mayor Pro Tempore Murphy and carried by unanimous vote. PLANNING It was reported that the Planning Commission COMMISSION had not met since the last Council meeting. COMMUNICATIONS City Clerk Reimche presented a letter which had (CITY CLERK) been received from Elizabeth Ann Swift expressing .- her appreciation for the proclamation Council passed - - on the occasion of the hostages return from captivity in Iran. ABC LICENSES City Clerk Reimche presented the following appli- cations for ABC Licenses which had been received: a) Buull's - 107 N. School Street, Lodi, On -Sale General Public Premises b) Oak Street Cafe, 10 W. Oak Street, Lodi, On -Sale beer and wine eating -place c) Island Wine Cooler Co., Inc., 6161 E. Highway 12, Room 1-A, Wine Blender, 5000 Gallons or less. L.I 2 Continued May 20, 1981 LETTER RECEIVED FROM SENATOR HAYAKAW�: RESOLUTION RE PRIORITIZATION OF MUNICIPAL SERVICES RECEIVED FROM CITY OF MODESTO COMPLAINT RECEIVED FROM MR. AND MRS. ROBERT VETTER RE CONDITIONS PLACED ON BUILDING PERMIT LETTER FROM LODI UNIFIED SCHOOL DISTRICT RE LAND IN AREA OF HERITAGE SCHOOL PUC APPLICATION ADDITIONAL FUNDS RECEIVED FROM OLD LODI HIGH SCHOOL SITE FOUNDATION COMMENTS BY CITY COUNCILMEN d) Gordy's Bait and Tackle, 219 E. Kettleman Lane, Lodi, Off -Sale Beer and Wine Council received a letter from S. I. Hayakawa thanking the Council for expressing opinions about the President's program for economic recovery. The City Clerk presented a copy of the City of Modesto's Resolution No. 81-361, entitled, "A - Resolution of the City Council of the City of Modesto Regarding State of California Prioriti- zation of Municipal Services". The City Clerk presented a letter which had been received from Robert and Beverly Vetter regarding their property located on the corner of Stockton Street and Kettleman Lane and their concern over the conditions placed on their building permit to build a structure at that site. Following discussion with questions being directed to Staff and to Mr. and Mrs. Vetter who were in the audience, Council referred the matter to Staff for study and asked that the matter be reviewed at a future Informal Informational Meeting. The City Clerk presented a letter which had been received from Richard L. Ehrhardt, Facility Planner, Lodi Unified School District, stating that they have received an appraisal on the strip of property at j Heritage School, and have informed Mr. Walter Il Flowers' attorney of their opportunity to purchase. Mr. Ehrhardt further states that they have had no response from Mr. Flowers and are abandoning the idea of selling and the license is to remain in effect as written. City Clerk Reimche presented a Notice re Pacific Telephone Offset Rate Increase Application and Hearings stating that Pacific Telephone has re- quested authorization from the California Public Utilities Commission to increase its rates by $252 million per year. The City Council gratefully accepted from the Old Lodi High School Site Foundation a check in the amount of $1,320.00 There were no comments by the City Council under agenda item entitled, "Comments by City Councilmen". REPORTS OF In accordance with report and recommendation of THE CITY the City Manager, the following actions, hereby MANAGER set forth between asterisks, on motion of Council- man Hughes, Murphy second, were approved. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,296,770.09- -3- 423 Continued May 20, 1981 SPECS COUNCIL APPROVED THE SPECIFICATIONS FOR ASPHALT APPROVED FOR REJUVENATING AGENT TO BE USED IN SEALING OF STREETS ASPHALT THAT WERE NEWLY CONSTRUCTED OR HAVE BEEN PAVED REJUVENATING IN THE LAST YEAR AND AUTHORIZED THE PURCHASING AGENT L L AGENT TO ADVERTISE FOR BIDS THEREON. SPECS APPROVED COUNCIL APPROVED THE SPECIFICATION FOR THE PUR- FOR PURCHASE OF CHASE OF ONE 750 KVA PADMOUNTED TRANSFORMER AND THREE-PHASE AUTHORIZED THE PURCHASING AGENT TO ADVERTISE PADMOUNTED FOR BIDS THEREON. TRANSFORMER PINEWOOD Council was apprised that Pinewood Limited, the SUBDIVISION developer of Pinewood Subdivision, has furnished CONDITIONALLY the City with the final map and the Subdivision APPROVED Improvement Plans, as well as the necessary agree- ments, guarantees for faithful performance and ��- labor and materials, insurance certificate, and subdivision fees for the proposed subdivision. This subdivision is located on the north side of Pine Street, immediately east of the Presbyterian Church on Mills Avenue. It consists of 13 lots, all of which are zoned R-2. COUNCIL APPROVED THE FINAL MAP, CONDITIONED UPON THE COUNTY'S APPROVAL, THE IMPROVEMENT PLANS, AND THE IMPROVEMENT SECURITY OF THE PINEWOOD SUBDIVISION AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBJECT DOCUMENTS ON BEHALF OF THE CITY. AGREEMENT FOR Council was informed that with the improvements IMPROVEMENT OF completed in Beckman Ranch, Unit 44, Ham Lane was HAM LANE extended from Kettleman Lane south to approxi - APPROVED mately 250' south of Burgundy Lane. At that location and at that time, barricades were placed on the two southbound lanes and traffic was diverted across the median, making Ham Lane a two-lane, two-way street from that point to Century Boule- vard. This has caused problems with the traffic, which concerned both the City and the developer. Since the development of Beckman Ranch, Unit T5, is being delayed, the developer has agreed, at the City's request, to extend Ham Lane at this time. This agreement covers the City's responsibility for the median along Ham Lane and miscellaneous paving. The developer's contractor will do the work and the City will in turn reimburse the developer for this work. When the work is completed, Ham Lane will be four lanes, with median from Harney Lane to Kettleman Lane. COUNCIL APPROVED THE AGREEMENT BETWEEN THE CITY OF LODI AND GENIE DEVELOPMENT, INC., AND GUARANTEE SAVINGS AND LOAN ASSOCIATION FOR THE IMPROVEMENT OF HAM LANE, AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SUBJECT AGREEMENT ON BEHALF OF THE CITY. RESOLUTION NO. 81-53 RESOLUTION COUNCIL ADOPTED RESOLUTION NO. 81-53 APPROVING APPROVING A LOT LINE ADJUSTMENT AT 225 - 231 NORTH LOT LINE WASHINGTON STREET, LODI, THERBY COMBINING THE SUBJECT ADJUSTMENT PARCELS. 225 - 231 N. WASHINGTON STREET, LODI..,-. RES. NO. 81-53 �`' 4 u Continued May 20, 1981 SPECIAL ELECTION City Clerk Reimche apprised the Council that on ORDERED TO May 5, 1981, she received Initiative Petitions VOTE ON LODI bearing approximately 4,000 signatures. Pursuant GREEN BELT to Elections Code Section 3706 and 4009, from her INITIATIVE prima facie examination of the petitions, she determined that the number of signatures equals RES. NO. 81-54 or is in excess of the minimum numberlo£ signatures required which is 2,585 (not less than 15% of the registered voters according to the County Clerk's official report to the Secretary of State at the time the Notice of Intent was published). The petitions have been examined by the County Clerk's office and from the records of registration, it has been determined that the petitions have been signed by the requisite number of voters. According to the City Clerk, pursuant to Elections Code Section 4010, the legislative body shall either: a) Introduce the Ordinance without altera- tion at the regular meeting at which it is presented and adopt the ordinance within 10 days after it is presented or b) Immediately order a Special Election to be held not less than.94 or more than 109 days -after the -date of the"order,_ at which the Ordinance without alteration shall.:be submitted to a.vote of the voters of the City. Urging the Council to adopt the Ordinance without alteration was Ms. Beryl Georguson, 2223 Cochran Rd., Lodi. Urging the Council to order a Special Election pursuant to the Elections Code was Mr'. Rod Rosa, 1620 Brandywine Court, Lodi. Following the presentations by Ms. Georguson, and Mr. Rosa, Council, on motion of Councilman Katnich, Pinkerton second, adopted Resolution No. 81-54 ordering a Special Election to be held not less than 94 or more than 109 days from the date of this meeting, at which time, the Ordinance (Lodi Green Belt Initiative) shall be submitted to a vote of the voters of the City. RECESS Mayor McCarty declared a five-minute recess, and the Council reconvened at approximately 9:15 p.m. ACTIONS REGARDING Following introduction Of the matter by City AUGUST 25, 1981 Clerk Reimche, Council took the following actions SPECIAL ELECTION pertaining to the Special Election called for by the City Council under Resolution No. 81-54: RES. NO. 81-55 a) On motion of Mayor Pro Tempore Murphy, Katnich second, Council set the election date for the subject election on Tuesday, August 25, 1981. b) On motion of Councilman Katnich, Murphy second, Council approved Special Allocation in the amount of $15,000 thereby appropriating funds for the cost of the afore- mentioned Special Election. C) On motion of Councilman Katnich, Murphy second, Council approved a proposed Contract with the County of San Joaquin for certain services to 4"5 Continued May 20, 1981 be provided by the County for the August 25, 1981 Special Election and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. d) On motion of Councilman Pinkerton, McCarty second, Council adopted Reso- lution No. 81-55 allowing for rebuttal argument to be placed on the ballot for the August 25, 1981 Special Election. HUTCHINS STREET The subject of the Hutchins Street/Lodi Sports FRONTAGE ROAD Center Parking congestion and deficiency was PARKING AT LODI introduced by Staff. A number of alternate SPORTS exhibits were presented for Council's scrutiny. CENTER Staff recommended that Council adopt the modi- fied design as shown on Exhibit "H". This RES. NO. 81-56 alternate provides for the parking of approxi- mately 47 vehicles in the vicinity of the Lodi Sports Center, creates an exit of the frontage road onto Hutchins Street at the Sports Center's north property lines, and eliminated parking on the west side of the frontage road from the Lodi Sports Center driveway southerly and on the south side on the frontage road fronting the apartment complex. This alternate also provides for an interim one-way street from the Lodi Sports Center driveway northerly.. with the future northerly extension of the frontage road, the one-way would be changed to two-way traffic and the parking would be restricted on the west side. It was also recommended that, between the Lodi Sports Center driveway and the Hittle driveway, two parking stalls be provided for and that these stalls be painted as shown on an exhibit provided for Council's perusal. The Hittles have recommended that the area between the drive- ways be painted red and all parking be restricted. A very lengthy discussion followed with questions being directed to Staff. Mr. Robert Mertz, Attorney -at law, representing Mr. and Mrs. Hittle apprised the Council that the Hittle's favor the modified design. Questions regarding Exhibit "F" were posed with Staff responding that this layout is in con- formance with the Specific Plan and accommo- dates 38 on -street parking spaces. Additional discussion followed with questions being directed to Staff. On motion of Council- man Hughes, Murphy second, Council adopted Resolution No. 81-56 adopting "Design" Plan Exhibit "F" with parking stalls between the two driveways on the east side of the street to be eliminated (therefore providing for approxi- mately 37 parking stalls) for Huthcins Street Frontage Road parking at the Lodi Sports Center. The motion carried by the following vote: !LM 4`' 6 L Continued May 20, 1981 Ayes: Councilmen - Hughes, Katnich, Murphy, and Pinkerton Noes: Councilmen - McCarty Absent: Councilmen - None ACTION DEFERRED Following introduction of agenda item "i" ON BID PROPOSALS "Report on bid proposals received for transit RECEIVED FOR system", Council requested that.action be TRANSIT SYSTEM deferred on this item until the June 3, 1981 +(!-� �L✓l meeting for receipt of additional information. AGREEMENT Councilman Pinkerton asked to abstain on the KLUDT - CLUFF following matter, because of a possible conflict AVENUE STORM of interest. PUMP STATION ACQUISITION Council was apprised that Mr. Elmer Kludt is in the process of developing his lot off of Cluff Avenue and is desirous of reaching _ ^ ' agreement with the City regarding the necessary land for the pump station in order that he might know what area he can plan for and fit the City Development into his plans. Staff reported that in its discussions with Mr. Kludt, he elected to settle for the amount the City's appraiser, Mr. Craig Hubbard, established for "our take". Funding for the purchase will come from the Master Drain Fund, where adequate monies are available. Construction will take place in the future when the storm lines on Cluff Avenue south of Pine Street are installed. On motion of Councilman Hughes, Katnich second, Council approved Agreement between Elmer and Irene Kludt and the City of Lodi regarding site acquisition, Cluff Avenue Storm Drain Pump Station, and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. The motion carried by the following vote: Ayes: Councilmen - Hughes, Katnich, Murphy, and McCarty Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Pinkerton APPLICATION TO Agenda item "k" - "School Parcel - Eilers LAFCO FOR THE Reorganization, including annexation of terri- WOODBRIDGE tory to the City of Lodi and Detachment from SCHOOL PARCEL the Woodbridge Fire District" was introduced REORGANIZATION by Community Development Director Schroeder AND WITHDRAWAL who presented diagrams of the subject area. Speaking on behalf of the proposed annexation RES. NO. 81-57 were the following: - - a) President of the Lodi Unified School District, Board of Trustees, John Vatsula b) Constantine Baranoff, recently resigned Director of Facilities and Planning c) Superintendent of Schools - Ellerth Larson 'i L7 Continued May 20, 1981 Council had earlier received a letter from the Lodi Unified School District stating that the Lodi Unified School District Board of Trustees did approve being included in the annexation of the Eilers property as long as "we" have their signed agreement to pay the development fees directly to the District. j A lengthy discussion followed with questions being directed to Staff and to those representa- tives from the Lodi Unified School District who were in the audience. On motion of Councilman Hughes, Murphy second, Council adopted Resolution No. 81-57 approving the Application to LAFCO of the Woodbridge School Reorganization and detachment of territory with the condition that improvements will be made on this parcel at the time such improvements are made to the Eilers parcels, which application was approved at the May 20, 1981 Council meeting. The motion carried by —�. the following vote: -Q- Ayes: Councilmen - Hughes, Katnich, Murphy, and McCarty Noes: Councilmen - Pinkerton Absent: Councilmen - None RESOLUTION Following introduction of the matter by City ADOPTING AN Manager Glaves, Council, on motion of Council - APPROPRIATIONS man Hughes, Murphy second, adopted Resolution SPENDING LIMIT No. 81-58 adopting an appropriations spending FOR 1981-82 IN limit for 1981-82 in compliance with Proposi- COMPLIANCE WITH tion 4 Article XIIIB of the Constitution in PROPOSITION 4 the amount of $9,468,985. ARTICLE XIIIB OF THE CONSTITUTION RES. NO. 81-58 APPROPRIATIONS Assistant City Manager Glenn apprised the Council APPROVED that historically Council has been asked to FOR 1980-81 appropriate funds for Dial -A -Ride as part of TRANSPORTATION the Capital Budget. This year the Capital Budget was not presented to the City Council RES. NO. 81-59 until October 15, 1981. At that time Council was involved with viewing the feasibility of providing a fixed route transit system and looking at funding through State transit assistance funds. Therefore, the decision was made to withhold making a specific appro- priation of funds for Dial -A -Ride until these questions were resolved. At this time Staff does not anticipate any changes in the City's transportation system during fiscal 1980-81, therefore, it is necessary to make an appropriation of funds for Dial -A -Ride. On motion of Councilman Hughes, Katnich second, Council adopted Resolution No. 81-59 appropriat- ing $87,643 for 1980-81 transportation. -Q- Continued May 20, 1981 CONSULTANTS The 1980-81 CIP includes $45,000 to cover the RETAINED preliminary engineering and EIR for the Hutchins FOR HUTCHINS Street, Lodi Avenue to Kettleman Lane project. STREET The work covered in the proposal submitted by WIDENING CH M Hill includes the draft EIR, as well as PROJECT extensive traffic analysis which will determine BY RON THOMAS levels of service, hazardous conditions, RE FILLEY RANCH existing and future traffic generators and OF CITY conditions, and unusual operating characteris- FACILITIES tics. This will also include the preparation of four design alternatives together with the ORD. NO. 1225 preliminary plans of each. The study will ADOPTED also include Lodi Avenue to Pine Street in _ order to evaluate the traffic impacts ef-the new Community Center. On motion of Councilman Pinkerton, Murphy second, On motion of Councilman Hughes, McCarty second, Council moved to take under immediate advisement the developing of a policy that would encompass all land outside the City limits but within the City's General Plan area as to what the City's policy would be and what conditions, if any, would be appropriate for considering allowing a development to go in with temporary storm drainage. Council authorized retaining the firm of CH2M Hill to prepare traffic analysis, preliminary designs, and a draft EIR for the Hutchins Street widening project at a cost not to exceed ORDINANCES $31,000. PRESENTATION Following a lengthy presentation by Mr. Ron BY RON THOMAS Thomas, 1209 W. Tokay, Lodi, whereby Mr. RE FILLEY RANCH Thomas requested Council approval to authorize OF CITY the City Manager to allow the City Staff to FACILITIES continue processing the annexation and tentative map requests submitted by Mr. Thomas' organi- ORD. NO. 1225 zation on the project known as Filley Ranch ADOPTED located adjacent to and south of Sunwest Units _ 3 and 4, Council took the following action: On motion of Councilman Hughes, McCarty second, Council moved to take under immediate advisement the developing of a policy that would encompass all land outside the City limits but within the City's General Plan area as to what the City's policy would be and what conditions, if any, would be appropriate for considering allowing a development to go in with temporary storm drainage. -9- Mr. Thomas indicated to the Council that he would be returning shortly with a formal presentation regarding his proposed develop- ment. ORDINANCES Ordinance No. 1225 entitled, "An Ordinance of the City Council of the City of Lodi Amending ORDINANCE RE Chapter 15 of the Lodi Municipal Code to Add PERMIT FOR USE a New Article III Thereto Entitled, 'Permit OF CITY for Use of City Facilities"', having been FACILITIES introduced at a regular meeting held May 20, 1981 was brought up for passage on motion of ORD. NO. 1225 Councilman Katnich, Hughes second. Second reading ADOPTED was omitted after reading by title and the _ Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katnich, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - None -9- 4�9 Continued May 20, 1981 PEAK SHAVING Mayor McCarty announced that the first Energy COMMITTEE Shaving Committee meeting will be held at MEETING 7:00 a.m. on May 21, 1981 ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting at approximately 11:15 p.m. Attest: ``�� AM /ii ' r� / ALICE M. RE MCHE� City Clerk -10-