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HomeMy WebLinkAboutMinutes - August 19, 1981483 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS August 19, 1981 A regular meeting of the Lodi City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, August 19, 1981 in the City ,.. Hall Council Chambers. ROLL CALL Present: Councilmen - Katnich, Murphy, Pinkerton and McCarty (Mayor) Absent: Councilmen - Hughes Also present: City Manager Glaves, Assistant City Manager Glenn, Assistant City Engineer Robison, Community Development Director Schroeder, City Attorney Stein and City Clerk Reimche INVOCATION The invocation was given by Pastor Harvey Klapstein, Bethel Open Bible Church PLEDGE Mayor McCarty led the Pledge of Allegiance to the Flag PRESENTATIONS Mayor McCarty presented a token of appreciation to Planning Commissioner Fred Reid who recently FRED REID'S resigned from the Commission, expressing the YEARS OF SERVICE Council's sincere appreciation for his many TO THIS COMMUNITY years of dedicated service to this community. AS A PLANNING COMMISSIONER ACKNOWLEDGED PUBLIC HEARINGS Notice thereof having been published and posted in accordance with the law and affidavit of ORDER TO ABANDON publication and posting being on file in the EASEMENTS AT office of the City Clerk, Mayor McCarty called LAKESHORE VILLAGE, for a public hearing to consider the abandonment UNIT NO. 1 of a portion of easements located at Lots 42, 33, ADOPTED 31 and 30 at Lakeshore Village, Unit No. 1 The matter was introduced by Assistant City Engineer Glenn Robison with diagrams of the subject area being presented to the Council. Speaking on behalf of the abandonment was: a) Mr. Paul R. Cavanaugh, R.W. Siegfried and Associates, 4045 Coronado Ave., Stockton There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. Following discussion with questions being directed to Staff, Council, on motion of Councilman Pinkerton, Katnich second, adopted an Order to abandon a portion of the easements at Lots 42, 33, 31 and 30 at Lakeshore Village, Unit No. 1. REQUEST TO Notice thereof having been published and posted ABANDON PORTION in accordance with the law and affidavit of OF EASEMENT AT publication and posting being on file in the 1206, 1218 AND office of the City Clerk, Mayor McCarty called 1230 S. FAIRMONT for the Public Hearing to consider the abandonment DENIED of a portion of an easement at 1206, 1218 and - 1230 S. Fairmont Ave., Lodi. 484 Continued August 19, 1981 Council was apprised that the Planning Commission at its meeting of August 10, 1981 after reviewing the report of the Public Works Department which indicated that overhead power and CATV existed, determined that a public need existed and recom- mended that the City retain the easement at 1206, 1218, and 1230 South Fairmont Avenue. Council was apprised in a memorandum from the Public Works Department that determination of the exact location of the easement and utilities in it makes it impossible to abandon the easement at this time and that the Public Works Department is working with the owner to resolve the problem with an encroachment permit. Following discussion, on motion of Councilman Katnich, Pinkerton second, Council denied the request to abandon portion of the easement at 1206, 1218, and 1230 South Fairmont, Lodi. Notices thereof having been published in accordance with the law and affidavits of publication being on file in the office of the City Clerk, Mayor McCarty called for the Public Hearings to consider the following: A) the City Planning Commission's recommended approval of General Plan Land Use Element Amendment No. GPA -LU -81-2 as follows: Section 1. - The request of Millard Fore, Jr., and Thomas Hom to redesignate a strip of land 198 feet north of the future centerline of West Tokay Street and 949 feet west of Lower Sacramento Road from Low Density Residential to Office -Institution; Section 2. - The request of James L. Gerard, et al to redesignate the 5.59 acre parcel at 1110 West Kettleman Lane in the Vineyard Business Center from Office -Institutional to Commercial B) Consider the City Planning Commission's recommended approval of the request of Millard Fore, Jr., and Thomas Hom to rezone a strip of land 198 feet north of the future center- line of West Tokay Street and 949 feet west f of Lower Sacramento Road from R-1, Single - Family Residential to R -C -P. Residential - Commercial -Professional. C) Consider the City Planning Commission's recommended approval of the request of James L. Gerard on behalf of Vineyard Business Center to amend P -D(15), Planned Development District No. 15 to permit C -S, Commercial Shopping Uses, on the 5.59 acre parcel at i 1110 West Kettleman Lane. D) Consider the City Planning Commission's i recommended approval of the request of Thomas Development Co., Inc., to rezone the Kennedy Ranch on the west side of Lower Sacramento Road, north of the future extension of West Elm Street from U -H, Unclassified Holding to P -D (23), Planned Development District No. 23 with the follow- ing conditions: 485 - Continued August 19, 1981 GENERAL PLAN 1. that the 3 acre commercial site be eliminated AMENDMENT NO. and substituted with cluster housing; GPA -LU -81-2 c /r 2. that the density of the areas designated for rC cluster housing be a maximum of 15 units per acre; 3. that the cluster housing areas conform to the requirements of the City's R -GA, Garden Apartment Residential District, except for density; 4, that the single-family residential areas conform to the City's R-1, Single -Family Residential District; and 5. that the project conform to the Specific Plan for Lower Sacramento Road between West Turner Road and West Lodi Ave. E) Consider the City Planning Commission's recommendation that the City Council certify as adequate the Kennedy Ranch Final Environ- mental Impact Report. It was determined that Item A - Section 1 and Item B as set forth below could be heard together. The matters were introduced by Community Develop- ment Director Schroeder, who presented diagrams of the subject area. Mr. Schroeder then responded to questions as were posed by the Council. t The following person spoke in favor of the matter: Mr. Ivan Suess, 723 S. Mills Ave., Lodi The following person spoke in opposition to the matter: Mr. John D. Withers, 2448 Corbin Lane, Lodi - Mr. Withers stated that he had submitted a petition to the Planning Commission . bearing the signatures of 72 property owners in opposition to the proposed General Plan Amendment and rezoning. Mr. Withers stated that the objection of the persons signing the petition is basically of the basic land use of Kristmont West. ORD. NO. 1234 There being no other persons wishing to speak ORD. NO. 1235 on the matter, the public portion of the hearing ORD. NO. 1236 was closed. INTRODUCED A lengthy discussion followed with questions being directed to those who had given testimony and to Staff. Councilman Katnich then moved for introduction of Ordinance No. 1234 approving Section 1 of General Plan Land Use Element Amendment No. GPA -LU -81-2 which consists of: -3- 486 i Continued August 19, 1981 Redesignating a strip of land 198 feet north of the future centerline of West Tokay Street and 949 feet west of Lower Sacramento road from Low Density Residential to Office - Institution. The motion was seconded by Councilman Pinkerton and carried by the following vote: Ayes: Councilmen - Katnich, Murphy, Pinkerton, and McCarty Noes: Councilmen - None Absent: Councilmen - Hughes Further, on motion of Councilman Katnich, Pinkerton second, Council, by the following vote introduced ordinance No. 1235 rezoning a strip of land 198 feet north of the future centerline of West Tokay Street and 949 feet west of Lower Sacramento Road from R-1, Single -Family Residential, to R -C -P, Residential -Commercial -Professional. The motion carried by the following vote: Ayes: Councilmen - Katnich, Murphy, Pinkerton, and McCarty Noes:. Councilmen - None Absent: Councilmen - Hughes Mayor McCarty then called for the Public Hearing to consider Item A - Section 2 and Item C, as set forth below as it was determined that these items could be heard together. The matter was introduced by Community Development Director Schroeder, who presented diagrams of the subject area. The following person spoke on behalf of the proposed General Plan Land Use Element Amendment and PD Amendment: a) James Gerard, 330 S. Fairmont, Lodi Mr. Wilbert Ruhl, 3933 Almond Drive, Lodi, raised questions regarding the number of General Plan Amendments allowed in one year. It was explained that only three were allowed each year, but that each one of the three could consist of several sections. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Mayor Pro Tempore Murphy then moved for intro- duction of Ordinance No. 1234 Section 2, approving . General Plan Land Use Element No. GPA -LU -71-2 which consists of: redesignating the 5.59 acre parcel at 110 West Kettleman Lane in the Vineyard Business Center from Office -Institutional to Commercial. Continued August 19, 1981 The motion was seconded by Councilman Katnich and carried by the following vote: Ayes: Councilmen - Katnich, Murphy, Pinkerton, and McCarty r- Noes: Councilmen - None Absent: Councilmen - Hughes Mayor Pro Tempore Murphy then moved for intro- duction of Ordinance No. 1236 amending P -D (15), Planned Development District No. 15 to permit C -S, Commercial Shopping Uses, on the 5.59 acre parcel at 1110 West Kettleman Lane. The motion was seconded by Councilman Katnich and carried by the following vote: Ayes: Councilmen - Katnich, Murphy, Pinkerton and McCarty Noes: Councilmen - None Absent: Councilmen - Hughes Mayor McCarty then called for the public hearing to consider items D & E as set forth below, as it was determined that these two items could be heard together. -- The matters were introduced by Community Develop- ment Director Schroeder who presented diagrams of the subject area and responded to questions as were posed by Council. KENNEDY RANCH The Kennedy Ranch Final Environmental Impact E.I.R. CERTIFIED Report was reviewed in detail be Assistant AS ADEQUATE Planner David Morimoto. Speaking on behalf of the matter was Mr. Ron Thomas, 1209 W. Tokay, Lodi. Speaking in opposition was Mr. Wilbert Ruhl, 3933 Almond Drive, Lodi, who stated that the E.I.R. indicated to him that this project should not go forward. Mr. Ruhl then detailed the reasons for his position. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. A very lengthy discussion followed with questions being directed to Staff and to those persons who had given testimony. On motion of Councilman Katnich, Murphy second, Council certified as adequate the Kennedy Ranch Final Environmental Impact Report. COUNCIL REJECTED On motion of Councilman Katnich, Pinkerton PROPOSAL TO second, Council rejected the request to rezone REZONE KENNEDY the Kennedy Ranch on the west side of Lower RANCH FROM U -H Sacramento Road, north of the future extension TO P -D AND REFERS of West Elm Street from U -H, Unclassified Holding MATTER TO PLANNING to P -D(23), Planned Development District No. 23, COMMISSION FOR with the conditions heretofore set forth, and RE-EVALUATION referred the matter back to the Planning Commission v_- for re-evaluation. 488 The report indicated that the new building loca- tion would be handled with an Encroachment Permit subject to the receipt of an easement to enable the City to extend existing 3 inch, deadend water line to Fairmont Avenue. COMMUNICATIONS CLAIMS The City Clerk apprised the Council that the City of Lodi is in receipt of the following claims, and it is the recommendation of the City Attorney and R. L. Kautz and Company, } the City's Contract Administrator, that these 4 i Claims be rejected: a) Katherine Crane - Date of Loss - 6/20/81 i z b) Tony Bolewine - Date of Loss - 7/23/81 On motion of Councilman Katnich, Murphy second, Council rejected the heretofore mentioned claims and referred same to the City's Contract Administrator. r r -6- Continued August 19, 1981 APPEAL OF Mayor McCarty then called for the public hearing DR. DENNIS R. to consider the appeal of Dr. Dennis R. Swanson SWANSON OF THE of the Lodi City Planning Commission's denial of LODI CITY his request to amend the Land Use Element of PLANNING the General Plan by redesignating the parcel at COMMISSION DENIAL 1001 Windsor Drive, Lodi, from Low Density OF HIS REQUEST TO Residential to Office -Institutional. Council AMEND THE LAND was apprised that Dr. Swanson had requested USE ELEMENT OF that the matter be continued to November 18, 1981. THE GENERAL PLAN BY REDESIGNATING On motion of Councilman Pinkerton, Murphy second, THE PARCEL AT 1001 the matter was continued to the regular meeting WINDSOR DRIVE, of November 18, 1981 as requested. LODI, FROM LOW DENSITY RESIDENTIAL TO OFFICE - INSTITUTIONAL CONTINUED TO NOVEMBER 18, 1981 RECESS Mayor McCarty declared a five-minute recess and the Council reconvened at approximately 10:00 t p.m. PLANNING City Manager Glaves gave the following report COMMISSION of the Planning Commission Meeting of August 10, 1981: ITEMS OF INTEREST The Planning Commission - 1. After reviewing the report of the Public Works Department determined that no public need existed and recommended that the City Council abandon certain easements in Lots 30, 31, 32 and 42 of Lakeshore Village, Unit #1. 2. After reviewing the report of the Public Works Department which indicated that overhead power and CATV existed, the Plan- ning Commission determined that a public need existed and recommended that the City retain the easement at 1206, 1218 and 1230 South Fairmont Avenue. The report indicated that the new building loca- tion would be handled with an Encroachment Permit subject to the receipt of an easement to enable the City to extend existing 3 inch, deadend water line to Fairmont Avenue. COMMUNICATIONS CLAIMS The City Clerk apprised the Council that the City of Lodi is in receipt of the following claims, and it is the recommendation of the City Attorney and R. L. Kautz and Company, } the City's Contract Administrator, that these 4 i Claims be rejected: a) Katherine Crane - Date of Loss - 6/20/81 i z b) Tony Bolewine - Date of Loss - 7/23/81 On motion of Councilman Katnich, Murphy second, Council rejected the heretofore mentioned claims and referred same to the City's Contract Administrator. r r -6- WE Continued August 19, 1981 STAFF DIRECTED City Clerk Reimche presented a letter from the TO INSTALL PARKING Lodi Racquetball and Swim Club requesting that NOTICES ON the City of Lodi proceed with the installation FRONTAGE ROAD IN of parking notices on the frontage road in front FRONT OF THE of the subject club. On motion of Mayor Pro LODI RACQUETBALL Tempore Murphy, Katnich second, Council directed _ AND SWIM CLUB Staff to proceed with the installation of the \ ^ subject signs. -- SUPPORT City Clerk Reimche presented a letter from RECEIVED FOR Nancy Kessler Adam, 121 Hemlock Drive, Lodi, ADDITIONAL supporting the recent request for an additional RECREATIONAL Recreational Supervisor. SUPERVISOR DECLARATION OF City Clerk Reimche presented Resolution No. IMPACTION LODI 81-32 - Resolution of Declaration of Impaction UNIFIED SCHOOL by the Board of Trustees of the Lodi Unified DISTRICT School District - and apprised the City Council, that pursuant to the City Code of the City of Lodi, this matter must be set for Public Hearing. On motion of Councilman Pinkerton, Katnich second, the matter was set for Public Hearing at 8:00 p.m., September 16, 1981. Councilman Katnich commented to the Council regarding impaction of the Lodi Unified School District Schools stating that if the District's boundary was at Harney Lane, many of our schools would be half full. Under "Comments by the City Council", Mayor Pro Tempore Murphy stated that for 1981-82 the enrollment in the Lodi Unified School j District is estimated at 15,000 with only 35% of that figure residing within the perimeter of the City of Lodi. CHECK City Clerk Reimche presented a check received RECEIVED FROM THE from the Old Lodi High School Site Foundation OLD LODI HIGH in the amount of $730.00. The Council extended SCHOOL SITE its sincere appreciation to the Foundation and FOUNDATION Mayor Pro Tempore Murphy colored in the appropriate squares on the graph depicting the contributions received for the site to date. REQUEST FOR Jack Ronsko, Public Works Director reported FOUR-WAY STOP that his department has reviewed the request AT LOCKEFORD for a four-way stop at Lockeford and Cluff, and AND CLUFF their investigation revealed that there has been only one accident since 1976 at the subject - location and that estimated traffic volumes are too low to meet warrants for a four-way stop. Council was further apprised that once the assess- ment district work is completed, the Public Works Department will review the intersection again to determine if additional work needs to be done for safety reasons. No action was taken by the Council on the matter. COMMENTS BY Mayor McCarty appointed Councilman Walter Katnich CITY COUNCILMEN and Councilman James Pinkerton as a Committee to - meet with officials of P.G.&E. regarding bulk ` power. 49© Continued August 19, 1981 REPORTS OF THE In accordance with report and recommendation of CITY MANAGER the City Manager, the following actions, hereby set forth between asterisks, on motion of Councilman Pinkerton, Katnich second, were approved. CLAIMS `,.-- CLAIMS WERE APPROVED IN THE AMOUNT OF $1,988,422.75.( 1981 FALL LEAF Council was apprised that the City had an agree - REMOVAL AGREEMENT ment with F. F. Smith, Inc., for the removal WITH F. F. SMITH of the 1980 Fall leaves. The City was com- AND CO., INC., pensated $0.50 per cubic yard in the 1980 agree - APPROVED ment and recieved $860.00. In the proposed 1981 agreement F. F. Smith & Co., Inc., has `- -__ agreed to pay a lump sum of $1,000 for the leaves, which is approximately a 16% increase. COUNCIL APPROVED 1981 FALL LEAF AGREEMENT WITH F. F. SMITH AND COMPANY, INC., SACRAMENTO, AND AUTHORIZED THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. ' RESOLUTION Council was apprised that pursuant to the AUTHORIZING Government Code of the State of California, the THE City Attorney had approved an inventory of DESTRUCTION OF records for destruction by the Public Works PUBLIC WORKS Department. RECORDS RESOLUTION NO. 81-114 RES. NO. 81-114 RESOLUTION AUTHORIZING THE DESTRUCTION OF r _r CERTAIN PUBLIC WORKS RECORDS AS APPROVED BY THE i CITY ATTORNEY f CHEROKEE LANE Council was apprised that when the Division of ACCESS 920 S. Highways relinquished Cherokee Lane to the City t CHEROKEE LANE, of Lodi, they also gave to the City certain LODI access rights in the area south of Vine Street. In order to have a legal access, it is necessary RES. NO. 81-115 for property owners to receive approval from the City Council to add new driveways. v Staff has reviewed the request for driveways at 920 South Cherokee Lane, Lodi, to provide access to these two parcels, and feel that the request is reasonable. RESOLUTION NO. 81-115 RESOLUTION GRANTING TWO 24' DRIVEWAYS AS REQUESTED AT 920 SOUTH CHEROKEE LANE, LODI, AND RELINQUISH- ING AN EXISTING 60' ACCESS. E PARKING METER A presentation was made to the Council by REMOVAL C.L.I.C. Chairman, Walter Sanborn at which time AUTHORIZED Mr. Sanborn requested the removal of the parking meters in downtown Lodi. A lengthy discussion V followed with questions being directed to Mr. - Sanborn and to Staff. On motion of Councilman Katnich, Pinkerton second, Council authorized the removal of the parking meters and directed that the parking meter heads be removed sometime before the 1981 Grape and wine Festival. 491 Continued August 19, 1981 FINAL PAYMENT Following introduction of the matter by City AUTHORIZED TO Manager Glaves, Council, on motion of Councilman QUAD Katnich, Murphy second, authorized the final CONSULTANTS payment of $20,000.00 to Quad Consultants cover- ` ing the Lodi Downtown Development Plan. RESOLUTION OF Following introduction of the matter by City INTENTION TO Manager Glaves, Council, on motion of Council - ABANDON ALLEYS man Pinkerton, Murphy second, adopted Resolu- -' IN BLOCK BOUNDED tion No. 81-116 - Resolution of Intention to BY WALNUT, SCHOOL, Abandon Alleys as Requested by the United States OAK, AND Postal Service in the Block Bounded by Walnut, SACRAMENTO STREETS School, Oak, and Sacramento Street, Lodi - annexation to the City of Lodi and detachment referring the matter to the Planning Commission RES. NO. 81-116 and setting the matter for Public Hearing on District was presented to the Council. Section September 16, 1981. COUNCIL Following receipt of a report entitled, "First AUTHORIZES 911 Phase Report of the Telecommunications Consulting IMPLEMENTATION Study", as prepared by Dr. Henry L. Richter, Council, on motion of Mayor Pro Tempore Murphy, Katnich second, directed Staff to implement the proposal contained within the report, and the necessary installations for 911, including the automated number I.D. System. REQUEST TO DEFER A request from the firm of Dauber -Kikuchi, 433 IMPROVEMENT W. Pine Street, Lodi, to defer improvement REQUIREMENTS, requirements at 615 South Lower Sacramento Rd., 615 SOUTH LOWER Lodi, was presented for Council's consideration. SACRAMENTO ROAD, -- LODI, GRANTED Following discussion with questions being directed to Staff, Council, on motion of Councilman Katnich, `-- - - Pinkerton second, approved the request to defer the subject improvements at 615 South Lower Sacramento Road, Lodi. COUNCIL VOTES LAFCO Resolution No. 519 approving the Woodbridge NOT TO APPROVE School Reorganization (LAFC 19-81) including WOODBRIDGE SCHOOL annexation to the City of Lodi and detachment REORGANIZATION, from the Woodbridge Rural County Fire Protection INCLUDING District was presented to the Council. Section ANNEXATION TO 5 of the Subject resolution sets forth that the THE CITY OF LODI City of Lodi is designated as the conducting AND DETACHMENT agency and is authorized to complete proceedings FROM THE for uninhabited reorganization without public WOODBRIDGE RURAL notice and hearing by the City Council pursuant FIRE PROTECTION to Section 56439.5 of the District Reorganization DISTRICT Act. -` Diagrams of the subject area were presented by - -- - Community Development Director Schroeder, who then responded to questions as were.posed by the Council. Following discussion, on motion of Mayor Pro Tempore Murphy, Katnich second, Council, by the following vote, voted not to approve the Wood- bridge School Reorganization, including annexa- tion to the City of Lodi and detachment from the Woodbridge Rural Fire Protection District: Ayes: Councilmen - Murphy Noes: Councilmen - Katnich, Pinkerton, and McCarty Absent: Councilmen - Hughes -Q- 492 Continued August 19, 1981 BIDS RECEIVED City Clerk Reimche presented the following bids FOR CERTAIN OIL which had been received pursuant to Resolution AND GAS LEASE No. 81-80, "Resolution Declaring the Council's Intention to Call for Bids for a Certain __- Oil and Gas Lease": a) Texas Oil and Gas Corporation - $15,000.00 - which includes the first year's rental b) City of Santa Clara - $10,005.00 - which includes first year's rental On motion of Councilman Pinkerton, Katnich second, Council referred the bids to Staff for r recommendation to be presented at the next Council Meeting. AMENDMENT TO SAN Council was apprised that the San Joaquin JOAQUIN COUNTY County Solid Waste Policy Committee voted to SOLID WASTE recommend the amendment of the County's Solid MANAGEMENT PLAN Waste Management Plan by the deletion of the APPROVED Plan's requirement that the search for a Central County landfill site be confined to an area RES. NO. 81-117 within a ten mile radius of the Lovelace Transfer Station. Following discussion, on motion of Councilman — - Pinkerton, Murphy second, adopted Resolution No. 81-117 approving an amendment to the San Joaquin County Solid Waste Management Plan heretofore set forth. AWARD - CONTRACT City Manager Glaves presented the following FOR FURNITURE FOR bids which had been received for Fire Station [ FIRE STATION NO. No. 2 furnishings: 2 BIDDER BID RES. NO. 81-113 M. Newfield and Sons $7,753.62 (mattresses/box springs and frames delivered in 2 weeks; remaining items: 6 - 10 weeks) Village House $1,809.72 (The only items bid were mattresses/box springs and frames. The items were higher than the same items in the low bid.) On motion of Councilman Katnich, Murphy second, Council adopted Resolution No. 81-113 awarding the contract for furniture for Fire Station No. 2 to M. Newfield and Sons at a cost of $7,753.62. E MEMORANDUM OF Following introduction of the matter by Assistant €� UNDERSTANDING City Manager Glenn, Council, on motion of WITH I.B.E.W. Councilman Katnich, Murphy second, received for RECEIVED FOR filing Memorandum of Understanding with I.B.E.W. FILING r I.B.E.W. On motion of Councilman Pinkerton, Murphy second, SALARY RANGES Council adopted Resolution No. 81-112 modifying the MODIFIED L salary ranges for employees represented by I.B.E.W. ' RES. NO. 81-112 A Continued August 19, 1981 ADJOURNMENT There being no further business to come before the Council, Mayor McCarty adjourned the meeting to 8:00 p.m., Tuesday, September 1, 1981 on motion of Mayor Pro Tempore Murphy, Katnich second. Attest: ALICE M. REIMCHE City Clerk