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HomeMy WebLinkAboutMinutes - October 3, 197945; CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS OCTOBER 3, 1979 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. , Wednesday, October 3, 1979 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Hughes (arrived at 8:15 p.m. ) Katnich, McCarty, Pinkerton and Katzakian (Mayor) Absent: Councilmen - None Also City Manager Glaves, City Attorney Stein, Present: Public Works Director Ronsko and Deputy City Clerk Schroeder. INVOCATION The invocation was given by Ermal Williamson, Pastor Lodi People's Community Church. PLEDGE Mayor Katzakian led the Pledge of Allegiance to the flag. COMMUNICATIONS ABC LICENSE The Deputy City Clerk presented an application for an L.J.S. ENTERPRISES Alcoholic Beverage License for L. J. S. Enterprises, Inc. , 800 E. KETTLEMAN Ladon J. Strapp, President/Treasure and Marlene L. Strapp, Vice President/Secretary, "Don Strapp Arco", 800 East Kettleman Lane, Lodi, Off Sale Beer and Wine, person to person transfer. LETTER TO At the suggestion of Councilman Pinkerton, Council S. J. EDA directed the Mayor to address a letter to the Economic Development Association of San Joaquin County praising the organization and its Executive Director for the good job being done in getting new industry into San Joaquin County. MORATORIUM On motion of Mayor Pro Tempore Katnich, Pinkerton CONDOMINIUM second, Council declared a moratorium on the approval CONVERSIONS of the conversion of apartments to condominiums and instructed the City Attorney and appropriate Staff persons to present the Council with a condominium conversior Ordinance within 30 days. DENSITY STUDY On motion of Councilman McCarty, Katnich second, RHD AND RMI) Council asked the Planning Commission to study the ZONING DISTRICTS present residential densities permitted in the R -HD, High Density Multiple Family Residential District and. in R -MD, Medium Density Multiple Family Residential District with emphasis on the ability of existing utility systems to serve these densities and the adequacy of existing off-street parking requirements in these zoning classifications. -1- 454 NOISE The Deputy City Clerk read a letter from Fred M. ORDINANCE Reid, Chairman, Lodi Noise Ordinance Review COMMITTEE Committee which forwarded the Committee's funding to the City Council. KOFU LETTER The Deputy City Clerk read a letter addressed to Mayor Pro Tempore Katnich from Mr. Takao Komiyama, Councilman, Kofu, Japan thanking the City of Lodi for the kindnesses and considerations during his recent visit. REPORTS OF THE CITY MANAGER CONSENT In accordance with report and recommendation of the CALENDAR City Manager, the following actions hereby set forth in asterisks, on motion of Mayor Pro Tempore Katnich, Pinkerton second, were approved by the City Council with Mayor Katzakian abstaining from the vote on the Lot Line Adjustment, Lot 8 and 9, Maxwell Industrial Park (Agenda item "e"), a firm in which he was an officer had interest in the project. CLAIMS ACCEPTING IMPROVEMENTS HANSEN INDUSTRIAL PARK RES. NO. 79-153 WINCHESTER ACRES FINAL MAP AND AGREEMENTS LOT LINE ADJUSTMENT LOTS 8 AND 9 MAXWELL INDUS - TRIAL PARK RES. NO. 79-154 ACCEPT VINE ST. IMPROVEMENTS KRAMER DR. TO WID CANAL CLAIMS WERE APPROVED IN THE AMOUNT OF $1, 674, 640.13. RESOLUTION 79-153 RESOLUTION ACCEPTING THE SUBDIVISION IMPROVEMENTS AND STREETS INCLUDED IN TRACT NO. 1300, HANSEN INDUSTRIAL PARK Council approved the Final Map, the improvement plans and the improvement security and directed the City Manager and City Clerk to sign the Sub- division Agreement on behalf of the City of Lodi. RESOLUTION NO. 79-154 RESOLUTION APPROVING LOT LINE ADJUSTMENT BETWEEN LOTS 8 AND 9 OF MAXWELL INDUS- TRIAL PARK Council accepted the improvements in "Vine Street Improvements, 125 Feet West/Kramer Drive to Woodbridge Irrigation District Canal" and directed the Public Works Director to file a Notice of Completion with the County Recorders Office. n'=** , , * ry . .'.' *-+r * * *% ***** * h=er* ***** ***Yf"*** *******w*** #* * * y*«' **** .-ray;: HUGHES Councilman Hughes arrived at the Council Chambers ARRIVES at 8:15 p. m. -2- 45 EXECUTIVE Mayor Katzakian recessed the meeting to Executive SESSION Session at 8:15 p.m. so that Council could meet with Special Counsel, Gene G. Walton to discuss the upcoming Public Utility Commission hearings to consider closing various street/railroad crossings within the City Limits. NEW CHAPTER 3 City Attorney Stein stated that he had recently reviewed LODI MUNICIPAL Chapter 3 of the Lodi City Code as it related toanimals CODE - ANIMALS and fowl and that he had prepared certain amendments AND FOWL to the code to be more in line with current practice and other existing laws. He reviewed the changes for the City Council. ORD. NO. 1181 The following persons were present and spoke on the INTRODUCED proposed amendments: 1. Ms. Kay Lang, 815 Holly Drive, Lodi. She suggested that the fees be the same as charged by San Joaquin County. 2. Mr. Eugene C. Hersam, 2200 Capell Drive, Lodi. He stated that he strongly favored that section which addressed itself to the abatement of barking dogs. Mayor Pro Tempore Katnich introduced Ordinance No. 1181, "An Ordinance Repealing Chapter 3 of the Lodi Municipal Code and Enacting a New Chapter 3 as it Relates to Animals and Fowl within the City of Lodi. " The motion was seconded by Councilman Pinkerton and carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty, Pinkerton and Katzakian (Mayor) Noes: Councilmen - None Absent: Councilmen - None -3- The meeting reconvened at 8:35 p. m. KATZAKIAN Mayor Katzakian stated he must abstain from discussing ABSTAINS or voting on the upcoming item because of a possible conflict of interest and handed the gavel to Mayor Pro Tempore Katnich. LODI BASEBALL The City Manager reviewed the report of the Recreation CLUB CONTRACT - and Parks Director concerning the renewal of the LAWRENCE PARK contract for the use of Lawrence Park Baseball facilities. The report indicated that contract was - recommended for renewal with the addition of a statement concerning turning -on the field lights before dusk. On motion of Councilman Pinkerton, McCarty second, Council renewed the contract with the Lodi Dodgers Baseball Club for the use of Lawrence Park baseball facilities with the addition of a statement concerning turning -on the field lights before dusk. KATZAKIAN Mayor Katzakian returned to the Council table and RETURNS received the gavel from Mayor Pro Tempore Katnich. NEW CHAPTER 3 City Attorney Stein stated that he had recently reviewed LODI MUNICIPAL Chapter 3 of the Lodi City Code as it related toanimals CODE - ANIMALS and fowl and that he had prepared certain amendments AND FOWL to the code to be more in line with current practice and other existing laws. He reviewed the changes for the City Council. ORD. NO. 1181 The following persons were present and spoke on the INTRODUCED proposed amendments: 1. Ms. Kay Lang, 815 Holly Drive, Lodi. She suggested that the fees be the same as charged by San Joaquin County. 2. Mr. Eugene C. Hersam, 2200 Capell Drive, Lodi. He stated that he strongly favored that section which addressed itself to the abatement of barking dogs. Mayor Pro Tempore Katnich introduced Ordinance No. 1181, "An Ordinance Repealing Chapter 3 of the Lodi Municipal Code and Enacting a New Chapter 3 as it Relates to Animals and Fowl within the City of Lodi. " The motion was seconded by Councilman Pinkerton and carried by the following vote: Ayes: Councilmen - Hughes, Katnich, McCarty, Pinkerton and Katzakian (Mayor) Noes: Councilmen - None Absent: Councilmen - None -3- 456 CONSIDER Council was in receipt of reports from the Public CONDEMNATION Works Director and Special Counsel C. M. PUBLIC UTILITY Sullivan, Jr. concerning the necessity for a public EASEMENT - 840 utility easement along the east 5 feet of the parcel SO. FAIRMONT at 840 South Fairmont Avenue owned by C. W. Fortier; et, al. and a request that Council adopt a "Resolutions of Necessity in Condemnation - _ Proceeding" which resolution is the first step in a condemnation action. The Deputy City Clerk stated a "Resolution of Necessity in Condemnation Proceeding" required a two-thirds vote of the entire City Council. The Public Works Director gave the background on this matter and presented graphics which depicted the problem. Dr. C. W. Fortier, 840 South Fairmont Avenue was present and stated his reasons why he opposed granting or selling the easement to the City. Basically he was opposed to the easement because it might limit the future use of his property. He gave as an example the construction of an underground parking garage which might require footings on underground retaining walls in the area required for the easement. He also was opposed to the easement because it was needed to solve a problem on someone else's prop- erty. A problem which he did not have. Finally he felt that there were other solutions to the problem which would not require the easement. After lengthy discussion, Councilman Hughes moved adoption of a Resolution of Necessity in Condemnation Proceedings and one which also required the Staff to negotiate an easement which would be compatible with a future underground retaining wall. The motion was seconded by Councilman Pinkerton. Upon roll call the motion failed to receive two -third affirmative vote as follows - Aye s: ollows:Ayes: Councilmen - Hughes, Katnich, and Katzakian (Mayor) Noes: Councilmen - McCarty and Pinkerton Absent: Councilmen - None Mayor Katzakian directed the Staff to negotiate an easement with Dr. C. W. Fortier at 840 South Fairmont Avenue which would be compatible with a future underground retaining wall. PURCHASE AND The City Manager reviewed a report from the Public MODIFICATION Work Director which described the necessity to USED FERTILIZER purchase and modify a used fertilizer spreader to SPREADER dispose of sludge at the White Slough Water Pollution Control Plant. -4- 45' After discussion on motion of Councilman Pinkerton, Hughes second, Council authorized purchase and modification of a used fertilizer spreader to dispose of sludge at its White Slough Water Pollution Control Plant. ADJOURNMENT As there was no further business to be brought before the City Council, Mayor Katzakian adjourned the session at 10:54 p.m. Attest: JJAMES SCHROEDER Deputy City Clerk -5-