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HomeMy WebLinkAboutMinutes - April 4, 1979291 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS APRIL 4, 1974 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, April 4, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes, Katnich, Katzakian, McCarty and Pinkerton(Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Mullen, and City Clerk Reimche. INVOCATION The invocation was given by Reverend Jim De Boer, Associate Pastor, First Baptist Church. ! PLEDGE Mayor Pinkerton led the Pledge of Allegiance y g to the Flag. MINUTES On motion of Mayor Pro Tempore Katzakian, Katnich second, Council approved the Minutes of March 7, 1979 as written and mailed. PROCLAMATION Mayor Pinkerton proclaimed the week of April 1, through April 7, 1979 as the "Week of the Young Child" and presented the proclamation to Ms. Barbara Peck. PUBLIC HEARINGS EIR FOR STORM Notice thereof having been published in accor- DRAINAGE dance with law and affidavit of publication being RETENTION on file in the office of the City Clerk, Mayor BASIN PARK C-2 Pinkerton called for the public hearing to consider the Cify Planning Commission's recommendation - that the City Council certify as adequate the Final Environmental Impact Report for Storm Drainage Retention Basin Park C-2; and Consider the City Planning Commission's recom- mendation that the City Council amend the Master Storm Drainage Plan by eliminating Storm Drainage Retention Basin Park C-2, which is proposed for the area bounded by Kettleman Lane on the North, 292 Minutes of April 4, 1979, continued EIR BASIN Beckman Road on the East, Cherokee Memorial PARK C-2 Park Cemetery on the South and State Highway (cont'd) Route 99 on the West and moving the required storage capacity to Storm Drainage Retention Basin C- 1 at the southeast corner of Beckman Road and East Vine Street. The following persons were in the audience and spoke in support of Alternate 7: a) Mr. John Stovall, Attorney at Law, 6 S. El Dorado Street, Stockton, representing various property owners in the area of C-2 Basin. b) Mr. Paul Schuett, 13779 North Wells Lane, Lodi Mrs. Gertrude Kettleman, 1170 Green Oaks Way, Lodi stated that they are opposed to giving more acreage for the C- 1 Basin. Mrs. John L. Ferrero, 11877 North Highway 99, Lodi expressed her opposition'to the C-2 Basin being developed. Mrs. Bob Kettleman, 17601 N. Cluff Avenue, Lodi asked that the City not change the General Plan or take more land. Mrs. Kdttleman further stated that they wish to continue farming as in the past and want to preserve the land for farming. She suggested that C-1 Basin be excavated to a deeper depth. _2 The matter was introduced by Public Works ALTERNATE 7 Director Ronsko. Mr. Albert H. Spiers, Environ- CLUFF AVE. mental Planner/Engineer for CH2M Hill outlined STORM DRAIN significant impacts of the project and presented EXTENSION & responses which had been sent to comment letters. LIFT STATION APPROVED Mr. Rich Prima, Associate Civil Engineer for the City of Lodi gave a presentation outlining each alter- nate and the ultimate effect of each alternate. Alternate 7: Cluff Avenue Storm Drain Extension and Lift Station was proposed and it was explained that by redesigning the Master Plan Storm Drain planned for Cluff Avenue from the Mokelumne River to the C- 1 Basin, adding a lift station approxi- mately at the midpoint of the line, and adding 10 acres to C- 1 basin, the C-2 basin could be elimin- ated. The cost of this alternative is approximately $90, 000 less than developing C-2 basin. It was further explained that the environmental impacts of this alternate are similar to the other alternates with regard to effects of construction activities. The energy requirements of the lift station are the same _ as the C-2 proposal in that the water stored in C-2 would need to eventually be pumped at A-2 basin ` pumps while in the alternate, the pumping would take place at the new lift station. However, a possible growth inducing impact does exist in that the unused hydraulic capacity of the lines leading to the C-2 site could be used to serve additional area outside the City's existing service area with the construction of a basin. _ The following persons were in the audience and spoke in support of Alternate 7: a) Mr. John Stovall, Attorney at Law, 6 S. El Dorado Street, Stockton, representing various property owners in the area of C-2 Basin. b) Mr. Paul Schuett, 13779 North Wells Lane, Lodi Mrs. Gertrude Kettleman, 1170 Green Oaks Way, Lodi stated that they are opposed to giving more acreage for the C- 1 Basin. Mrs. John L. Ferrero, 11877 North Highway 99, Lodi expressed her opposition'to the C-2 Basin being developed. Mrs. Bob Kettleman, 17601 N. Cluff Avenue, Lodi asked that the City not change the General Plan or take more land. Mrs. Kdttleman further stated that they wish to continue farming as in the past and want to preserve the land for farming. She suggested that C-1 Basin be excavated to a deeper depth. _2 Minutes of April 4, 1979, continued 293 EIR BASIN Mr. Duane Jungeblut, 5827 E. Kettleman Lane PARK C-2 suggested that the City utilize the property it presently owns and that when the Kettleman's wish ALTERNATE 7 to divest themselves of their property, then the City CLUFF AVE. could enlarge the C- 1 Basin. (Cont'd) There being no further persons wishing to speak on the matter, the public portion of the hearing was closed. Council discussion followed with questions being directed to Staff. On motion of Mayor Pro Tempore Katzakian, Katnich second, Council certified as adequate the amended Final Environmental Impact Report for Storm Drainage Retention Basin Park C-2. On motion of Mayor Pro Tempore Katzakian, Katnich second, Council approved Alternative 7: Cluff Avenue Storm Drain Extension and Lift Station as heretofore set forth, instructed Staff to refine the proposal, and to check with Mrs. Gertrude Kettleman regarding the possible future acquisition of a portion of her property in the area of C- 1 Basin; and to hold in abeyance amending the Master Storm Drainage Plan in regard to Storm Drainage Retention Basin C-2, until such time as Alternate 7 has been imple- me me d. RECESS Mayor Pinkerton declared a five-minute recess, and the Council reconvened at approximately 9:40 p. m. APPEAL FOR Notice thereof having been published in accordance with A USE PERMIT law and affidavit of publication being on file in the office TO INSTALL A of the City Clerk, Mayor Pinkerton called for the public BOAT DOCK & hearing to consider the Zity Planning Commission's denial TERRACE AT of the request of Mr. Maurice O. Ray, Jr. for a Use Permit 1234 RIVERGATE to install a boat dock and terrace at 1234 Rivergate IYrive DRIVE (i.e. LOT (i. e. , Lot 46, Rive rgate-Mokelumne) in an area zoned F- P, 46, RIVERGATE- Floodplain. MOKELUMNE) IN AN AREA ZONED The matter was introduced by Community Development F -P DENIED Director James Schroeder who also presented a diagram of the subject area for the Council's perusal. Council was informed that in denying Mr. Ray's request, the Planning Commission made the following findings: 1. that the proposed boat dock was not in conformance to the conditions established at the time of the approval of the Tentative Map of the Rive rgate-Mokelumne Sub- division; 2, that the structure was not in conformance with the City's floodplain management program; 3, that the Planning Commission believes that the Reclama- tion Board should have prepared environmental docu- mentation before issuance of any permits; and 4. that the developer of Rive rgate-Mokelumne had entered into a contract with the State Division of Fish and Game which provides that the rear 30 feet of all lots would be left in a natural state. =3= 2H4 Minutes of April 4, 1979, continued APPEAL- Speaking on behalf of his appeal was Mr. Maurice O. BOAT DOCK Ray. , 801 S. Fairmont Avenue, Lodi, Iralifornia, 3; TERRACE (Cont'd) Mr. Duncan R. McPherson of Neumiller and Beardslee, Attorneys, 400 First Federal Plaza, Stockton, represent- ing the Rivergate Mokelumne Owners' Association and the developer of the Rivergate-Mokelumne subdivision addressed the Council opposing the appeal of Mr. Ray. Mr. McPherson stated that the opposition of the Owners' Association and the developer to the use permit and the appeal are based on the following grounds: 1. The Owners' Association is a non-profit corporation established and empowered to enforce the Rivergate- Mokelumne Restrictions, which are covenants, conditions and restrictions of record dated May 5, 1977 and recorded on May 13, 1977, in Book 4258 at page 39 Official Records of San Joaquin County as supplemented by an amendment recorded on September 2, 1978 in Book 4303 at page 65 Official Records of San Joaquin County. The Association is given the power and obligation to enforce the Restric- tions. The right of any owner to do any improvements on a lot are subject to the approval of the Association (see Section 3.08). The Ass-ociation can approve the improve- ments only if, "The Planning Committee (of the Associa- tion) finds that the proposed improvement conforms to these Restrictions" (see Section 3.08 (c) (2) ). The amendment to the Restrictions adding Section 11. 13, pro- hibits expressly what Mr. Ray wants to do; it states: SPecia.l Provision for Maintenance of River Bank. Each owner of a lot which includes bank area fronting on the Mokelumne River has the following duties with regard to such bank area: (1) to maintain the rip -rap in good condition and to replace any rip -rap that is lost from the bank area; (2) to maintain the natural vegetation; (3) to control erosion of the bank area; (4) to make no improvements on the bank area; and (5) not td -construct, maintain or allow any permanent structure within an area extending thirty (30) feet into the lot at right angles from the bank lot line abutting the Mokelumne River as shown on the map described in Exhibit "A". _ Mr. Ray has made no submittal to the Association Planning Committee. The Association will move judi- cially, pursuant to the Restrictions, to prevent Mr. Ray - from making the proposed improvement if a permit is granted. 2. Section 11. 13 of the Restrictions was added specifi- cally at the demand of the California Department of Fish and Game as set forth in the Environmental Impact Report (EIR 76- 1) prepared by the City of Lodi Community Development Department for Rivergate- Mokelumne. Nothing was changed to alter the policy set by the EIR and by the Restrictions. 3. The work to be d6ne by Mr. Ray would destroy the concrete slabs placed in the bank area to protect the erosion of an old oak tree adjacent to Mr. Ray's lot (on lot 47), and would open the area to erosion, endangering his and neighboring properties. -4- ivfinutes of April 4, 1979, continued ` APPEAL- Also addressing the Council on the matter were: BOAT DOCK & TERRACE a) Mr. John Kendseth, Principal, Lodi Unified School (Cont'd) District - Adult School b) Mr. Robert G. Murphy, 746 Palm Ave., Lodi Following a lengthy discussion with questions being directed to the Staff, the City Attorney and to those giving testimony, Councilman Katnich moved that the appeal be denied. The motion died for lack of a second. Additional discussion followed with Councilman Hughes moving that the Council defer taking action on the appeal at this time. The motion was seconded by Councilman McCarty and failed to pass by the following vote: Ayes: Councilmen - Hughes and McCarty Noes: Councilmen - Katnich, Katzakian, and Pinkerton Absent: Councilmen - None Following additional discussion, Councilman Katnich again moved todeny the appeal of Mr. Maurice O. Ray, Jr. , for a Use Permit to install a boat dock and terrace at 1234 Rive rgate Drive (i. e. , Lot 46, Rive rgate- Mokelumne) in an area zoned F -P Floodplain. The motion was seconded by Mayor Pinkerton and carried. EASEMENT Notice thereof having been published and posted in VACATION accordance with law and affidavit of publication and COLONY posting being on file in the office of the City Clerk, RANCH SUBDV, Mayor Pinkerton called for the public hearing regarding _ the proposed vacation of a 6 -foot Public Utility Easement lying along the east property line of Lot 64 in the proposed Colony Ranch Subdivision. The matter was introduced by Public Works Director Ronsko who presented a diagram of the subject area for Council's perusal. Council was advised that the Planning Commission, in action taken at a Planning Commission meeting held March 12, 1979 determined that no public need existed and recommended approval of the request of Mr. Terry Piazza, Consulting Engineer, to abandon a 6 -foot public utility easement along the east property line of Lot 64 in Colony Ranch Subdivision. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. Following Council discussion on the matter, Council, on motion of Mayor Pro Tempore Katzakian, Katnich second, adopted an Order to abandon a 6 -foot public utility easement along the east property line of Lot 64 in Colony Ranch Subdivision. -5- 296 Minutes of April 4, 1979, continued PORTIONS OF Notice thereof having been published and posted in DORCHESTER accordance with law and affidavit of publication and CIRCLE VACATED posting being on file in the office of the City Clerk, Mayor Pinkerton called for the public hearing regard- ing the proposed vacation of portions of Dorchester Circle in English Oaks, Unit No. 1. Public Works Director Ronsko presented a diagram of the subject area for Council's perusal. Council was advised that the Planning Commission in action taken at a Planning Commission meeting held March 12, 1979 determined that no public need existed, and re- commended the approval of the request of Grupe Development Company to abandon portions of Dorchester Circle in English Oaks, Unit No. 1, with the condition the public utility easements, as required by the Public Works Director, be retained. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. Following Council discussion, on motion of Mayor Pro Tempore Katzakian, Hughes second, Council adopted an Order to abandon portions of Dorchester Circle in English Oaks, Unit No. 1 with the condition the public utility easements, as required by the Public Works Director, be retained. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of March 26, 1979: The Planning Commission - ITEMS OF INTEREST 1. Denied the request of Mr. Dick DeGrande for a Use Permit to establish a card room at 118 West Oak Street, a former group dwelling in an area zoned C-2, General Commercial. 2. Approved the request of Mr. Mel Enze for a Variance to encroach 1 foot into a 10 foot rear yard at 250 Ticknor Court in an area zoned R- 1, Single -Family Residential. 3. Approved the request of Jim, George and John Kakkazis for a Use Permit for a restaurant, cocktail lounge and coffee shop (i. e. , Lodi Joe's) at 616 Kettleman Lane in the Vineyard Shopping Center in an area zoned P -D(15), Planned Development District No. 15. 4. Denied the request of Joaquin Development Company by Mr. James Watson for a Variance to increase the allowable building coverage from 40% to 46% at 314 Fir Drive (i.e., Lot235, The Vineyard, Unit 43) to permit construction of a duplex with three covered parking stalls in an area zoned P -D(10), Planned Development District No. 10. -6- 297 Minutes of April 4, 1979, continued PLANNING COMMISSION ITEMS OF INTEREST (Cont'd) 5. Approved the request of Aladdin Real Estate, Inc. for a Use Permit for a wand -type car wash with vacuum and detail bays on Lots 8 and 9 of Sanguinetti Park in an area zoned P -D(17), Planned -Development District No. 17. 6. Approved the request of Mr. William E. Ruff, to reduce the required sideyards at 425 West Walnut Street (i.e. northeast corner of Walnut and Hutchins Streets) to permit off-street parking encroachment in an area zoned R -HD, High Density Multiple Family Residential. 7. Recommended that the San Joaquin County Planning Commission approve the request of Mr. Steve Giammona on behalf of JGS Trucking Company to change a noncon- forming truck yard located on a freeway island at the southwest corner of State Route 99 and Woodbridge Road in an area zoned GA -20, General Agriculture. COMMUNICATIONS APPEAL RE USE Council, on motion of Mayor Pro Tempore Katzakian, PERMIT TO Katnich second, set for Public Hearing at 8:00 p, m. , ESTABLISH CARD May 16, 1979, the appeal of Mr. Dick DeGrande of the ROOM AT 118 W. Lodi City Planning Commission's denial for a Use Permit OAK STREET to establish a card room at 118 West Oak Street, a former group dwelling, in an area zoned C-2, General Commercial. C. A. PROPOSES The City Clerk presented a letter from City Attorney Mullen METHODS TO City Clerk Reimche presented a claim which had been CLAIM presented on behalf of Cecil Church. On motion -of Council- EXERCISE OPTION man Katnich, Katzakian second, Council rejected the Claim TO PURCHASE and referred the matter to R. L. Kautz and Company, the OLD TOKAY HIGH City's Contract Administrator. CITY ADVISED City Clerk Reimche read a letter which had been received THAT OLD TOKAY from Constantine I. Baranoff, Administrative Director of HIGH SCHOOL. SITE Facilities and Planning for the Lodi Unified School District WILL SOON BE advising that "Board action at last night's meeting sets in VACATED motion the vacating of the Valley Oaks School at the Old - Tokay High School site. It is planned that the buildings will be removed from the site as soon as school lets out in June and completed almost immediately, thereupon fulfilling the requirements of the option. " No action was taken by -the Council on the matter. APPEAL RE USE Council, on motion of Mayor Pro Tempore Katzakian, PERMIT TO Katnich second, set for Public Hearing at 8:00 p, m. , ESTABLISH CARD May 16, 1979, the appeal of Mr. Dick DeGrande of the ROOM AT 118 W. Lodi City Planning Commission's denial for a Use Permit OAK STREET to establish a card room at 118 West Oak Street, a former group dwelling, in an area zoned C-2, General Commercial. C. A. PROPOSES The City Clerk presented a letter from City Attorney Mullen METHODS TO giving his opinion as to what methods -could be used to raise RAISE FUNDS TO $475, 000.00 to exercise the option to purchase the old Lodi EXERCISE OPTION Union School site; namely: TO PURCHASE OLD TOKAY HIGH a) Create a non-profit corporation for the specific -' SCHOOL SITE purpose of soliciting funds and donations from the general - public. The funds collected could be escrowed until the purchase price was obtained and at that time, the funds would be given to the City, conditioned upon the City exer- cising its option to acquire title to the real property. b) The formation of a non-profit corporation, which corporation would be authorized to issue bonds in the sum of $475, 000 to purchase the site. This non-profit corpora- tion would use the proceeds from the sale of the bonds to -7- 29th Minutes of April 4, 1979, continued OPTION - OLD purchase the site and simultaneously lease the TOKAY HIGH property to the City of Lodi at an annual rental sufficient (Cont'd) to amortize the bonds. No action was taken on the FOR TRANSPORTA- matter at this time by the City Council. TION DEVELOP- City Clerk Reimche presented a letter which had been PLAN TO PLACE received from the Turlock Irrigation District stating U.S. FOREST that their Board of Directors had passed a resolution SERVICE UNDER opposing President Carter's plan to place the U.S. RENAMED DEPT. Forest Service under the jurisdiction of a renamed OF INTERIOR Department of Interior. Following discussion, the City OPPOSED Clerk was directed by Mayor Pinkerton to prepare a letter opposing this plan. ABC LICENSES The City Clerk presented the following applications for Alcoholic Beverage Licenses which had been re- ceived: a) Jose L. Martin, La Plallyta Market, 39 N. Sacramento Street, Lodi, CA - Off Sale Beer and Wine - New License. b) Elodia G. /Juventino T. Cuevas, LaCosina Cuevas, 653 E. Pine Street, Lodi - On Sale Beer and Wine Eating Place, New License. SCAN ANNUAL City Clerk Reimche presented an invitation which AWARDS DINNER had been received from Senior Citizens Action Now INVITATION (SCAN) inviting the Council to attend its 10th Annual FOR TRANSPORTA- Awards Dinner to be held at the Civic Auditorium on TION DEVELOP- May 6, 1979. REPORTS OF THE tion Development Act Fund (SB 325) includes all those CITY MANAGER In accordance with the report and recommendation of the City Manager, the following actions hereby set CONSENT forth between asterisks, on motion of Mayor Pro CALENDAR Tempore Katzakian, Pinkerton second, were approved by Council. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $840, 9 11. 01. 1979-80 CLAIMS A list of all projects for which SB 325 funds are proposed FOR TRANSPORTA- to be used was presented for Council's perusal. Council TION DEVELOP- was apprised that the Claim for the 1979-80.Transporta- MENT ACT FUNDS tion Development Act Fund (SB 325) includes all those APPROVED street projects that are being considered for construc- tion during the next fiscal year. If all the projects are RES. NO. 79-32 approved for 325 funding, the City will have greater flexibility when the actual funding for the 1979-80 Capital Improvement Program is finalized. RESOLUTION NO. 79-32 RESOLUTION APPROVING 1979=80 CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT FUNDS (SB 325) -8- .2 99 Minutes of April 4, 1979, continued ABANDONMENT OF Council was apprised that the owner of the property at EASEMENT TICKNOR 250 Ticknor Court has requested that one foot of the COURT easement located at the rear of his property be aban- EXECUTE RIGHT- doned to allow construction of a patio. The Planning RES. NO. 79-33 Commission has approved a variance for this construc- FICATIONS tion conditioned on the abandonment of one foot of this easement. RESOLUTION NO. 79-33 A RESOLUTION OF INTENTION TO ABANDON A PORTION OFA PUBLIC UTILITY EASEMENT RUN- NING ALONG THE REAR OF THE LOTS ON THE EAST SIDE OF TICKNOR COURT, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND SETTING THE MATTER FOR PUBLIC HEARING MAY 2, 1979. The City Council was advised that the contract which was awarded to Graffigna Electric of Lodi on July 5, 1978 in the amount of $4, 195. 00 for the Poplar Street Street Lighting District has been completed in substantial con- formance with the plans and specifications approved by the Council. ACCEPTANCE OF THE CITY COUNCIL ACCEPTED THE IMPROVEMENTS "POPLAR STREET IN "POPLAR STREET STREET LIGHTING DISTRICT" STREET LIGHTING AND DIRECTED THE PUBLIC WORKS DIRECTOR TO - DISTRICT" _ FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE. PUBLIC WORKS The City Council was informed that on all Federal -Aid - DIRECTOR Urban projects, it is necessary for the City to provide AUTHORIZED TO the Federal Agency with a certification as to the avail - EXECUTE RIGHT- ability of the necessary rights-of-way, and, in some OF -WAY CERTI- cases, the manner in which it was acquired. Since the FICATIONS Public Works Director is knowledgeable in this area, it appears reasonable to authorize him to execute certifi- RES. NO. 79-34 cations rather than send each one to the City Counc4 for their approval. Additionally, it should reduce both time and paperwork in the future. RESOLUTION NO. 79-34 RESOLUTION GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS. B. 0. B. S. PROPOSE Council was advised that the Boosters of Boys Sports SUPPORT FOR Organization is looking for a permanent home for various PROPOSED COM- co-sponsored activities by the B.O. B.S. and the PLEX AT SALAS Department of Recreation and Parks. The B. 0. B.S. PARK proposed a complex for Salas Park which would include `, four lighted junior baseball league diamonds with _ movable fences. When the fences are moved or re- arranged and because of the proposed lighting system, the areas could be used for soccer, flag football, pony- tail softball,_ as well as adult softball, making this a very unique and diversified facility. Along with this proposed installation would be the con- struction of restrooms and a concession stand. The reason for making the request at this time is to give the B. 0. B. S. a project to look forward to. The B. O. B. S. would not and could not be totally responsible for the cost 1300 ivunuces ui nprit -f, i7r'7, continuea of all of the items suggested, but by the year B. 0. B. S. 1980-81, it is conceivable that the B. 0. B. S., (Cont'd) through their efforts, could possibly donate to the City of Lodi between $35, 000 and $40, 000, of which they now have $25, 000. They would also be instrumental in getting volunteer labor to do a great deal of the concrete block work for restrooms and the proposed concession stand. For their participation in this program, the B. 0. B.S. want exclusive rights on all concessions for this facility. Said concession profits would then be used I - for youth activity programs in the City of Lodi. Council discussion followed with questions being directed to Staff and to a representative of the B. 0. B. S. who was in the audience. On motion of Mayor Pro Tempore Katzakian, Katnich second, Council concurred with the concept and principles of the proposed complex at Salas Park, for which the Boosters of Boys Sports has offered to give financial, materials, and labor support. SPECIAL ELECTION Council was apprised that on March 9, 1979, the ORDERED RE AMENDMENT City Clerk received Initiative Petitions reading as TO SECTION 27-9(b) 2(i) OF follows, bearing 2498 signatures: THE CITY CODE ENTITLED "BUILDING SITE AREA RE- "We, the undersigned qualified electors of the City QUIREMENTS" of Lodi, request the following ordinance be submitted immediately to a vote of the people at a special RES. NO. 79-35 election: "Section 27-9(b) 2(i). "Building Site Area Require- ments" is hereby amended to read in full as follows: '(i) For the various residential types of buildings permitted the provisions shall be as follows: a. For one family dwellings: a minimum of five thousand square feet and fifty feet in width for each main building and its accessory buildings. b. For two family dwellings: A minimum of eight thousand square feet and eighty feet in width for each main building and its accessory buildings. c. For multiple family and group dwellings: a minimum of four thousand square feet for the first dwelling unit and four thousand square feet for each additional attached dwelling unit, with a minimum lot width of one hundred feet. - d. However, in areas that are adjacent to the Central Business District and surrounded by areas classified in the R -HD District, the provisions for dwellings - shall be the same as the R -HD District as provided in subsection (b) 1 and 2 of Section 27-8A'. "Section 27-9(c) 1 Subsection (c)1, 'Minimum Yards' is hereby amended to read as follows: 1. For dwellings the provisions shall be the same as the R-1 Zone.' " _10- Minutes of April 4, 1979, continued 301 SPECIAL Pursuant to Elections Code Section 3706, the City ELECTION Clerk from her prima facie examination of the petition ORDERED determined that the number of signatures equals or is (C ont'd) in excess of the minimum number of signatures re- quired, which is 2, 264. (Not less than 15°j0 of the voters of the City according to the County Clerk's last official report of registration to the Secretary of State. ) The petitions have been examined by the County Clerk's office and from the records of registration, it has been determined that the petition has been signed by the requisite number of voters. There was deemed to be 2, 317 valid signatures. Council was informed that pursuant to Elections Code Section 4010, the legislative body shall either: a) Introduce the ordinance without alteration 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 74 nor more than 89 days after the date of the order, at which time the ordinance without alteration shall be submitted to a vote of the voters of the City. Council discussion followed. Councilman Katnich then moved the introduction of the ordinance as heretofore listed (No. 1169) without alteration. The motion was seconded by Councilman McCarty and failed to carry by the following vote: Ayes: Councilmen - Katnich and McCarty Noes: Councilmen - Hughes, Katzakian and Pinkerton Absent: Councilmen -None Councilman Katnich then moved for adoption of Resolution No. 79-35 ordering a special election to be held not less than 74 nor more than 89 days after the date of the order, at which time the ordinance heretofore listed without alteration shall be submitted to a vote of the voters of the City. The motion was seconded by Councilman Hughes and carried by unani- mous vote. HOLLY DRIVE ST. A petition was presented for the installation of street, f' LIGHT DISTRICT lights on Holly Drive (Mills Avenue to Crescent Avenue). The City Clerk had examined and checked r._.._ RES. NO. 79-36 the signatures on the petition and had certified that RES. NO. 79-37 said petition contained signatures of the owners of more than 60116 of the property described in the petition with the exception of School District -owned property which the City Attorney determined need not be included -11- J U L, Minutes of April 4, 1979, continued HOLLY DR. ST. LIGHT in the computation. Council was presented with DISTRICT (Cont'd) a diagram of the subject district depicting the boundaries. The petitioners waived the investi- gation provided for by the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931" in connection with the installation. Plans and specifications for the proposed district were presented for Council's approval by the City Manage r. Following discussion, on motion of Councilman Hughes, Katzakian second, Council adopted Resolution No. 79-36 adopting the plans and speci- fications for the Holly Drive Street Light District (Mills Avenue to Crescent Avenue). On motion of Mayor Pro Tempore Katzakian, Pinkerton second, Council adopted Resolution No. 79-37 - A Resolution of Intention in the Holly Drive Street Light District (Mills Avenue to Crescent Avenue) and set the matter for Public Hearing May 16, 1979. CONCEPT OF AWARDING Following introduction of the matter by Public MAINTENANCE CONTRACTS Works Director Ronsko, with questions being FOR PUBLIC WORKS directed to Staff and to -the City Attorney, Council, LANDSCAPED AREAS on motion of Councilman Hughes, Katzakian second, APPROVED approved the concept of awarding Maintenance Contracts for Public Works landscaped areas. AGENDA ITEM "j" Following introduction of Agenda item "j" - DEFERRED TO 4/18/79 "Approve Red Zones, diagonal parking elimination" MEETING by Public Works Director Ronsko and discussion, the matter was deferred to the regular meeting of April 18, 1979 with Staff being instructed to send notices of this meeting to the involved property owners, on motion of Councilman Katnich, Katzakian s e Bond. SALARY INCREASES Following introduction of the matter by Assistant GRANTED CERTAIN City Manager Glenn, Council, on motion of EMPLOYEES Councilman Katnich, Katzakian second, received for filing Employees Compensation Memorandum of RES. NO. 79-39 Understanding - General Service Unit. On motion of Mayor Pro Tempore Katzakian, Katnich second, Council adopted Resolution No. 79-39 estab- lishing compensation for certain classified personnel as detailed in a presentation to Council by Assistant City Manager Glenn. ORD. PREZONING City Clerk Reimche requested clafification from, SANITARY CITY the City Council on Ordinance No. -1168 which had ADDITION been introduced at a regular meeting of the City Council held March 21, 1979. On motion of Mayor ORD. NO. 1168 ADOPTED Pro Tempore Katzakian, McCarty second, -12- Minutes of April 4, 1979, continued 303 ORD. NO. 1168 Ordinance No. 1168 - An Ordinance prezoning that ADOPTED portion of the Sanitary City Addition located north (Cont'd) of Turner Road, west of Cluff Avenue and bordering the River, and an area 100 feet easterly of Casa de Lodi as C -M, Commercial -Light Industrial; and the remaining portion of the Sanitary City Addition M-2, Heavy Industrial, with the condition that the 200 foot wide strip of land lying adjacent and contiguous to the east of the property commonly known as Casa de Lodi be reviewed prior to its development, by the Site Plan and Architectural Review Committee for noise and aesthetics. Second reading was omitted after reading by title, and the Ordinance was then adopted and ordered to print by the following vote: Ayes: Councilmen - Hughes, Katnich, Katzakian, McCarty and Pinkerton Noes: Councilmen - None Absent: 'Councilmen - :lone 5 -YEAR The City of Lodi 5 -year Transportation Improve - TRANSPORTATION ment Program as prop.osed by staff was explained IMPROVEMENT in detail for the City Council. Discussion followed PROGRAM FOR CITY with questions regarding the matter being directed APPROVED to Public Works Director Ronsko. RES. NO. 79-38 On motion of Councilman Katnich, Katzakian second, Council adopted Resolution No. 79-38 approving the City of Lodi 5 -year Transportation Improvement Program as proposed by staff. REORGANIZATION OF THE COUNCIL The City Clerk called for nominations for Mayor. On motion of Councilman Katnich, Hughes second, Mayor Pro Tempore Katzakian was nominated for Mayor. There being no further nominations, the nominations were closed and Mayor Pro Tempore Katzakian was elected Mayor. Mayor Katzakian then called for nominations for Mayor Pro Tempore. On motion of Mayor Katzakian, Hughes second, Councilman Katnich was then nomi- nated for Mayor Pro Tempore. There being no further nominations, the nominations were closed and Councilman Katnich was elected Mayor Pro Tempore. APPRECIATION Mayor Pro Tempore Katnich expressed appreciation EXTENDED TO to Councilman Pinkerton for the excellent job he did COUNCILMAN this last year while serving as Mayor. PINKERTON !"IS 304 Minutes of April 4, 1979, continued ADJOURNMENT There being no further business to come before the Council, Mayor Katzakian adjourned the meeting at approximately 11:59 p. m. Attest: ALICE �i EI CHE CITY CLERK -.14--