HomeMy WebLinkAboutMinutes - February 20, 1980CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
FEBRUARY 20, 19SO
A regular meeting of the City Council of the City of Lodi was held
beginning at 8:00 p.m. Wednesday, February 20, 1980 in the City
Hall Council Chambers.
ROLL CALL
Present: Councilmen - HUGHES, KATNICH, MC CARTY,
PINKERTON, AND KATZAKIAN (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 Richard Lungren,
First Methodist Church.
PLEDGE
Mayor Katzakian led the Pledge of Allegiance to the
flag.
MINUTES
On motion of Mayor Pro Tempore Katnich, Pinkerton
second, Council approved the Minutes of February 6,
1980 as written and mailed.
PROCLAMATIODI`
Mayor Katzakian proclaimed the week of February 21, 1980
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as "Rotary.Week" and presented the proclamation to
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H. T. Woodworth.
PUBLIC HEARINGS
Notice thereof having been published in accordance with
the law and affidavit of publication being on file in
the Office of the City Clerk, Mayor Katzakian called
for the Public Hearing to consider the appeal of
the Century Assembly Church of the Planning Commission's
denial of a variance on a fence height at 2220 Scar-
borough Drive, Lodi.
The matter was introduced by Community Development
Director Schroeder who presented diagrams of the subject
area for Council's perusal and responded to questions
regarding the matter as were directed by Council.
Reverend Harold Duncan, Senior Pastor of the Lodi
Century Assembly Church, Corner South Hutchins and
Century Boulevard, Lodi spoke on behalf of the appeal.
Council discussion followed with questions regarding
the matter being directed to Staff and to Reverend
Duncan. There being no other persons wishing to speak
VARIANC? ON
on the matter, the public portion of the hearing was
FENCE HEIGHT AT
closed.
CENTURY ASS;_M3LY
CHURCH SITE
On motion of Mayor Pro Tempore Katnich, Pinkerton
APPROVED
second, Council approved the appeal of Reverend Gordon
!'
Elmes on behalf of the Century Assembly Church of the
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Planning Commission denial of a variance to permit
the erection of a 6 foot height fence in the required
front yard area at 2220 Scarborough Drive, Lodi in
an area zoned P -D(4), Planned Development District
No. 4 with the following conditions:
44
February 20, 1980, continued
1) that the fence shall maintain a set back of
20 feet from the south property line to a point
north of the proposed driveway serving the parcel.
2) that from the point north of said driveway the
fence shall follow the outside of an existing
running tract until it reaches a maximum set back
of 6 feet from the street property line and
3) that the fence be set back a distance of 6 feet
from the street oroperty line for the remaining
frontage of said parcel.
The motion carried by unanimous vote.
PLANNING
COMMISSION City Manager Glaves gave the following report of
the Planning Commission meeting of February 11, 1980.
ABANDON A PUBLIC FOR ACTION OF THE CITY COUNCIL
UTILITY EASE-
MENT AT 730 W. 1. Determined that no public need existed and
KETTLEMAN recommended that the City Council abandon a public
utility easement in the Vineyard Shopping Center
at 730 West Kettleman Lane.
ABANDON A POR- 2. Determined that no public need existed and
TION OF S. recommended that the City Council approve the
HUTCHINS ST. AT request of Mr. Max Hittle to abandon a portion
1902 S. HUTCHINS of South Hutchins Street in 1902 South Hutchins
Street.
ITEMS OF
INT.ERES=
ACTIONS OF INT?REST TO THE CITY COUNCIL
1. Conditionally approved the request of Bennett -
Arnold Development Company for the approval of
the Tentative Subdivision Mao for a 20 -unit
Planned Unit Development project at 511 Murray
Street in an area zoned C-1, Neighborhood
Commercial.
2. Conditionally approved the request of Mr. Wayne
Johnson to divide Lot 7, Maxwell Industrial
Park (i.e. 1730 Ackerman Drive) into two parcels
in an area zoned M-2, Heavy Industrial.
3. Conditionally approved the request of Mr. John
Zabelle to create two parcels from 4 lots at
716 Peach Street and 2001, 2009, and 2017 Cochran
Road in.. an area zoned R-1, Single -Family
Residential.
4. Determined that a Zoning Hardship did not exist
and denied the request of Mr. Carmelo T. Maggio
for a Variance to reduce the required driveway
length from 20 feet to 17 feet 9 inches to
permit the enlargement and enclosure of a carport
at 901 Greenwood Drive in an area zoned R-1,
Single- Family Residential.
5. Determined that the pre-existing conditions
constituted a Zoning hardship and approved the
request of Mr. Dean Bender for a Variance to
reduce the required interior sideyard from 5
feet to 4 feet to permit an addition to a
single-family dwelling at 535 Ribier Avenue in
an area zoned R-2, Single -Family Residential.
4 t
February 20, 1980, continued
Mayor Katzakian asked to abstain from discuss -on
and voting on the following matter, because of a
-.possible conflict of interest.
Following introduction of the matter by City
Clerk Reimche, Council on motion of Mayor Pro
Tempore Katnich, McCarty second, set the following
matters for Public Hearing at an adjourned regular
meeting to be held Tuesday, `"arch 11, 1980 at
7:30 p.m.
1. Recommended the approval of the Amendment of
the Land Use Element of the•General Plan (i.e.
GP -LU -80) which encompasses the following changes-:
a. to designate the 3.96 acre parcel at 450 North
Cherokee Lane as Medium Industrial;
b. to designate the parcel at 1000 West Vine
Street as Office -Institutional; and
C. to designate the parcel at 975 South Fairmont
Avenue (i.e. Lodi Memorical Hospital) as Office -
Institutional.
2. Certified as adequate recommended the Negative
Declaration filed by the Community Development
Director on the request of Mr. Weldon Moss to
rezone the 3.86 acre parcel at 450 "forth Cherokee
Lane from C-2, General Commercial to M-1, Light
Industrial.
3. Recommended approval of the request of Mr.
Weldon Moss to rezone the 3.86 acre parcel at 450
North Cherokee Lane from C-2, General Commercial
to M-1; Light Industrial.
4. Certified as adequate and recommended to the City
Council the Iris Drive and Vine Street Final
Environmental Impact Report No. EIR-79-4.
S. Recommended the approval of Dr. Dennis R. Swanson,
et al to rezone the parcel at 1000 West Vine Street
from R-1, Single -Family Residential to R -C -P,
Residential -Commercial -Professional.
6. Recommended approval of the request of Mr. Richard
Sandford, Administrator on behalf of Lodi Memorial
Hospital to rezone the existing hospital property
at 975 South Fairmont Avenue from R -HD, High
Density Multiple Family Residential to R -C -P,
Residential -Commercial -Professional.
7. Certified as adequate and recommended the Southeast
Lodi Final Environmental Impact Report No. EIR-79-3.
8. Recommended approval of the request of Genie
Development, Inc. on behalf of Ms. Clarice Tandy,
et al to prezone the Tandy Ranch Reorganization
which is located on the south side of Almond Drive,
westerly of South Cherokee Lane to P -D(19)
Planned DeveloDment District No. 19 for residentialu:
consistent with the General Plan.
9. Recommended approval of the request of Genie
Development, Inc..on behalf of Ms. Mary Miller
Johnson to prezone the Johnson Ranch Reorganization
except for the easterly 300 feet which is located
on the west side of South Cherokee Lane, north
and south of the future extension of Century
Boulevard to P -D(19), Planned Development District
No. 19 for residential use consistent with the
General Plan.
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February 20, 1980, continued
No action was taken on the easterly 300 feet because
the proposed commercial zoning was not consistent
with the General Plan.
The motion carried by the following vote:
Ayes: Councilmen - Hughes, `4cCarty, Katnich,
and Pinkerton
Noes: Councilmen - None
Absent: Councilmen - None
Abstain: Councilmen - Katzakiar.
NUMEROUS ITEMS On motion of Councilman Pinkerton, Hughes second,
I`ICLUDING APPEALSCouncil, by the following vote set the following
SE" FOR PUBLIC appeals for Public Hearing at an adjourned regular
H-EARIDT 'G TUESDAY, meeting to be held Tuesday, March 11, 1980:
MARCH 11, 1980
COMMUNICATIONS
ABC LICENSE
PUC APPLICATIOM
APPEALS
1. Appeal of Genie ^evelopment, Inc. of the Lodi
Planning Commission's denial of the General
Plan Amendment and Prezoning of the Section
noted commercial in the Johnson Ranch PD -19.
2. Appeal by Robert Evans, California Property
Enterprises, of the Planning Commission's
decision of Jan. 28, denying the proposed amend-
ment of the land use element of the General
Plan, 510 Almond Drive.
3. Appeal of Jerry D. Cox of Planning Commission's
denial to rezone one acre parcel at 1438 Iris
Drive from R-1 to RGA.
4. Appeal of Shirley Lucchesi of Planning Com-
mission's decision regarding 1430 Iris Drive.
Ayes: Councilmen - Hughes, Katnich, McCarty
and Pinkerton
Noes: Councilmen - None
Absent: Councilmen - None
Abstain: Councilmen - Katzakian
City Clerk Reimche presented the following Application
for Alcoholic Beverage License which had been
received:
Mitchell's Pizza - Mitchell, Leon H./Winifred K. and
Small, Ralph A., 100 S. Cherokee Lane, Lodi, New
License
City Clerk Reimche apprised the Council that
correspondence had been received from PG & E
Company giving notice that in Application No.
59406, PG & E has requested authorization to
revise its gas service tariff effective Feb. 17,
1980 or as soon thereafter as possible.
City Clerk Reimche presented the following letters
of appeal that had been received and which in a
previous action had been set for Public ?searing to
be held at 7:30 p.m., on March 11, 1980:
a. Genie Development, Inc. appeal of the General
Plan Amendment and Prezoning of the section
noted "commercial" in the Johnson Ranch PD -19.
b. Request of Jerry D. Cox for a review and
reversal of the denial of petition re 1438 Iris
Drive from R -GA.
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February 20, 1980, continued
REPORTS OF THE In accordance with report and recommendation of the
CIT`_' MANAGER
City Manager, the following actions, hereby set
forth between asterisks, on motion of Councilman
CO`:SENT
Pinkerton, Hughes second, were approved by the
CALENDAR
Council_.
CLAI`"S
CLAIMS WERE APPROVED IN THE AMOUNT OF $1,069,903.82.
Council was apprised that Dean Pearson and Clarence
Blewett, the developers of 1_520 Iris Drive, Lodi
have furnished the.City with the parcel map and
the development improvement plans, as well as the
necessary agreements, instruments of credit and
development fees for the proposed development.
Th's development consists of a parcel split located
at Atherton Drive and Iris Drive.
APPROVE DEVELOP-
COUNCIL APPROVED THE DEVELOPMENT AGREEMENT AND THE
MENT AGREEMENT
IMPROVEMENT SECURITY FOR THE DEVELOPMENT AT 1520
BLEWETT/PEARSON
IRIS DRIVE, LODI AND DIRECTED THE CITY MANAGER AND
1520 IRIS DRIVE
CITY CLERK TO EXECUTE THE DEVELOPMENT AGREEMENT
0"' BEHALF OF THE CITY.
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RESOLUTION NO. 80-33
SUPPLEMENT COUNCIL APPROVED A SUPPLEMENTAL AGREEMENT WITH
AGREEMENT WITH THE STATE OF CALIFORNIA COVERING USE OF 169.1 STATE
STATE APPROVED MATCHING FUNDS FOR RAILROAD CROSSING IMPROVEMENTS
AS LISTED BELOW AND AUTHORIZED THE CITY MANAGER
RES. NO. 80-33 AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF
;_ OF THE CITY.
LOCATION TOTAL PROJECT FEDERAL FUNDING LOCAL SHARE (10%)
COST (900) STATE 169.1 FUNDS
Lodi Ave. $123,250 $110,925 812,325
RESOLUTION NO. 80-34
LOT LINE ADJUST- COU';CIL ADOPTED RESOLUTION NO. 80-34 - "RESOLUTION
MENT 504-508 WESTAPPROVING A LOT LIME ADJUSTMENT AT 504-508 WEST
LOCKEFORD STR. LOCKEFORD STREET, LODI!'
LODI
RES. NO. 80-34
Council was apprised that the City of Lodi has
RES. OF SUPPORT had an abandoned vehicle abatement ordinance and
FOR CONTINUATIO_,{ program since 1963 and has participated in the
OF THE ABANDONED State sponsored AVA Program since 1973. More
VEHICLE ABATE- than 100 vehicles in Lodi have been towed for
MENT PROGRAM dismantling by a licensed contractor since 1973. In
addition, more than 400 abandoned autos in the City
RES. NO. 80-35 were legally stored out of sight, removed from the
area, or restored to operation during this time
r as a direct result of enforcement action.
RESOLUTION NO. 80-35
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RESOLUTION OF SUPPORT FOR THE CONTINUATION OF THE
ABANDIONTED VEHICLE ABATEMENT (AVA) PROGRAM
Following introduction of the matter of Public
Works Director Ronsko, Mr. Gary Kroll, 677 E.
Lockeford Str.', Lodi addressed the City Council
apprising them of some of the problems he is
encountering concerning drainage at his property
which is located adjacent to the Phillips Petroleum
Company at 351 North Beckman Road, Lodi. Mr. Kroll
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February 20, 1980, continued
stated that as a result of the drainage problem,
he is encountering flooding in his basement;
petroleum residue on the water flooding his
property and a heavy amount of debris collecting
on his property.
Mr. Kroll stated that he feels the only solution
to the problem would be for Mr. Jim Thorpe owner
of the parcel at 351 ?Torth Beckman Rd., Lodi to
install the curb, gutter, sidewalk and full street
improvements at this time. Mr. Kroll also indicated
that he would be willing to install such improve-
ments on his property at this time.
UNAUTHORIZED Agenda Item "g" - "Unauthorized water service at
WATER SERVICE AT 1880 S. Hutchins Street, Lodi" was introduced by
1860 S. HUTCH PTS City Manager Glaves. Council was reminded that
STREET_ following an appeal by Mr. Jake Ferguson of an
unauthorized service at the above address, Council
authorized a six month extension or until Thursday,
February 1, 1980 for Mr. Ferguson to provide himself
with the appropriate water extension in the Hutchins
Street frontage road and the applicable water
service to the subject residence.
On January 16, 1980 a letter went forward from Jack
Ronsko, Public Works Director to Mr. Ferguson
reminding Mr. Ferguson that if he has not provided
himself with the appropriate water extension and
water service by February 2, 1980, the City would
be forced to terminate the unauthorized connection
to the City's system.
Council was informed that a letter had been received
from Mr. Gene Walton, Attorney-at-law representing
Mr. Ferguson advising -that the property that is
located behind the property of Mr. and Mrs. Ferguson
on Hutchins Street has been sold by Commercial
Western Finance Corporation and that his office has
been informed that the new purchaser is surveying the
property and will be developing such property in
the immediate future and thus the Droblem will be
taken care of at the time of such development.
Council was reminded that following an appeal by
Mr. Jim Thorpe in June, 1977, Council deferred the
installation of these improvements on the parcel
located at 351 N. Beckman Road, Lodi.
Mr. Jim Thorpe, 351 N. Beckman Road, Lodi then
addressed the Council stating that he is willing
to install the curb, gutter, sidewalk and full
street improvements at this time; however, he had
a problem with the required 30 foot driveways. Mr.
Thorpe elaborated on the problems his operation
would encounter with driveways of this size.
A lengthy Council discussion followed with questions
being directed to Staff.
On motion of Councilman McCarty, Pinkerton second,
REQUEST FOR
Council directed Staff to contact PG 6 E regarding
INSTALLATION OF
the installation of curb, gutter, sidewalk, driveway
THORPE'S OFFSITE
and street improvements on their property located
IMPROVEMEPITS
in the vicinity of 351 N. Beckman Road, and
(351 M. BECKMAN
further directed that Mr. Jim Thorpe, 351 N.
ROAD, LODI)
Beckman Road, Lodi and Mr. Gary Kroll, 677 E.
Lockeford Street, Lodi are to install curb, gutter,
sidewalk, driveway, and street improvements on
their respective parcels. Staff was directed to
work with Mr. "'horpe on ingress and egress to his
parcel which would be compatible to his petroleum
distributing business.
UNAUTHORIZED Agenda Item "g" - "Unauthorized water service at
WATER SERVICE AT 1880 S. Hutchins Street, Lodi" was introduced by
1860 S. HUTCH PTS City Manager Glaves. Council was reminded that
STREET_ following an appeal by Mr. Jake Ferguson of an
unauthorized service at the above address, Council
authorized a six month extension or until Thursday,
February 1, 1980 for Mr. Ferguson to provide himself
with the appropriate water extension in the Hutchins
Street frontage road and the applicable water
service to the subject residence.
On January 16, 1980 a letter went forward from Jack
Ronsko, Public Works Director to Mr. Ferguson
reminding Mr. Ferguson that if he has not provided
himself with the appropriate water extension and
water service by February 2, 1980, the City would
be forced to terminate the unauthorized connection
to the City's system.
Council was informed that a letter had been received
from Mr. Gene Walton, Attorney-at-law representing
Mr. Ferguson advising -that the property that is
located behind the property of Mr. and Mrs. Ferguson
on Hutchins Street has been sold by Commercial
Western Finance Corporation and that his office has
been informed that the new purchaser is surveying the
property and will be developing such property in
the immediate future and thus the Droblem will be
taken care of at the time of such development.
4(
February 20, 1980, continued
Mr. Gene G. Walton was present in the audience
and spoke on behalf of Mr. Ferguson stating that
Mr. Ferguson would be willing to submit a letter
of credit due and payable to make the necessary
repairs within 8 months.
Following a lengthy discussion with questions
being directed to Mr. Walton and to Staff and with
a motion being made by Councilman McCarty and
Pinkerton and subsequently withdrawn, Council, on
motion of Councilman Hughes, McCarty second,
directed Mr. J. M. Ferguson to install the required
water extension and service to his property located
at 1880 S. Hutchins; Street, Lodi in conjunction
with the installation being done by the Lodi Sports
Center on an adjoining parcel. Further, if the
water extension and service on the Ferguson parcel
is not completed within 30 days following completion
of the Lodi Sports Center installation, Staff
was directed to disconnect the unauthorized water
service at 1880 S. Hutchins Street, Lodi.
ENGINEERING Following introduction of the matter by City
DIVISION REOR- Manager Glaves, Council on motion of Councilman
GANIZATION Hughes, Katnich second, approved job specifications
APPROVED for the Supervising Engineering Aide position
and authorized a reorganization in the Engineering
Division of the Public Works Department thereby
providing for two Supervising Engineering Aides
and reducing the number of Engineering Assistants
to one.
RECESS Mayor Katzakian declared a 5 -minute recess and
the Council reconvened at approximately 9:20 p.m.
"OLD" TOKAY HIGH Following introduction of the matter by City
SCHOOL SITE Manager Glaves, Ben Schaffer reported to the Council
on the efforts of the Non-profit Foundation which
he chairs in attempting to raise funds for the
purchase of the "Old" Tokay High School Site. It
was reported that a surge of pledges and donations
in the last few days has fattened the non-profit
foundation treasury toward the purchase of the site
from 511,500 to more than $240,000. Mr. Schaffer
asked that the City exercise its option and give
the group additional fund raising time.
Further testimony concerning the subject and supporting
the City exercising the option was given by the
following persons:
a) Mr. Lindsay Marshall, 703 West Pine Street, Lodi
b) Mr. Robert Rinn, 228 W. Pine Street, Lodi
c) Mrs. Sheri Mallory, 2216 Cabrillo Circle, Lodi
d) Jerry Jones, 331 Rutledge Drive, Lodi
e) Ken Boyd, 1540 Edgewood Drive, Lodi
f) James Culbertson, 641 N. Pacific Ave, Lodi.
g) Dr. James Cross, 845 S. Fairmont Ave., Lodi
Dr. Cross urged that City develop the site,
however, if the City is not in a position to
do so, it should exit from the picture.
Also urging the City to exercise the option
were the following persons:
a) Ivan Suess, 723 S. Mills Ave., Lodi
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February 20, 1980, continued
b) Larry Mallory, Cabrillo Circle, Lodi
c) Cecil Mumbert, 20 S. Crescent Ave., Lodi
Mrs. Nancy Jones, Board Member of the Lodi
Unified School District Board of Trustees a�2dressed
the Council giving the following statement relative
to the "Old" Tokay High School Site optio--.:
In April of 1975, the Lodi Unified School District
and the City of Lodi entered into an agreement
whereby the City of Lodi received an option to
purchase from the District the Old Tokay High
School Site upon abandonment of the site for
school purposes. At the time this agreement was
entered into, it was the expressed desire of both
parties to see the site preserved for community
use through the development of a cultural center
on the property.
The Governing Board of Lodi Unified School District
respectfully requests that if the City is not
to purchase the site for development of cultural
center, the City decline the option on the property.
Mr. Ed Pinkering, 9015 Hope Lane, Stockton addressed
the Council stating he wants Council to purchase
site only if the Council is going to exercise the
option with the good faith intention of developing
a Community Center on the site.
Mr. Bob Murphy, 746 Plam Avenue, Lodi stated that
he feels the majority is asking for the purchase
of the site, however consideration must be given
to what the maintenance costs will be for the
site. Mr.'Murphy further stated that the profits
of the sale should be shared by both entities,
should the property be sold.
A very lengthy discussion with questions being
directed to staff and to persons who had given
testimony followed.
On motion of Councilman Hughes, Katnich second,
Staff was directed to determine from what City
source the $475,000 required for the purchase of
the "Old" Tokay High School Site would be derived;
what effect the expenditure of these funds would
haveuntil the money is raised by the committee
on the City's normal operations; further, what it
would take to maintain the site under a "bare
bones" plan, should the City elect to purchase
the site.
ORDINANCES
Ordinance No.1189, entitled, "An Ordinance Adopting
SPECIFIC PLAN a Specific Plan for the Ultimate Development of
FOR ALMOND DRIVE Almond Drive between South Stockton Street and
BETWEEN S. South Cherokee Lane" having been introduced at a
STOCKTOP; AND S. regular meeting held February 6, 1980 was brought
CHEROKEE LAITE up for passage on motion of Councilman Pinkerton,
Katnich second. Second reading was omitted a'ter
ORD. NO. 1189 reading by title, and the Ordinance was then
ADCPTED adopted and ordered to print by the following
vote:
0
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February 20, 1980, continued
Ayes: Councilmen - HUGHES, KATHICF, MC CARTY
PINKERTON, AMT) KATZAKIAN
Noes: Councilmen - Mone
Absent: Councilmen - Mone
ADJOURNMENT
There being no further business to come before the
Council, Mayor Katzakian adjourned the meeting at
10:30 P.M.
Attest:
ALICE M. RE MCHE
City Clerk