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HomeMy WebLinkAboutMinutes - March 2, 197716 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH 2, 1977 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m., Wednesday, March 2, 1977 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - KATNICH, KATZAKIAN, PINKERTON and HUGHES (Mayor) Absent: Councilmen - EHRHARDT Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Mullen and City Clerk Reimche. INVOCATION The invocation was given by Reverend Harvey Wilkie, Temple Baptist Church. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Pinkerton, Katnich second, the Minutes of February 16, 1977 were approved as written and mailed. Following inquiry and discussion, it was deter- mined by City Attorney Mullen that neither Councilman Katzakian nor Councilman Pinkerton needed to abstain from discussion and voting on the Public Hearing concerning the request to pre- zone a 6.27 acre parcel between Victor Road and Flounce Street, East of 1220 Victor Road to M-2, Heavy Industrial. PUBLIC HEARINGS Notice thereof having been published in accor- 6.27 ACRE PARCEL dance with law and affidavit of publication being BETWEEN VICTOR on file in the office of the City Clerk, Mayor ROAD & MOUNCE ST. Hughes called for the public hearing to consider EAST OF 1220 the City Planning Commission's recommendation VICTOR ROAD for approval of the request of Lodi Door and Metal PREZONED M-2, Company, Inc. by Mr. Dan Anderson for the pre - HEAVY INDUSTRIAL zoning of a 6.27 acre parcel between Victor Road and Mounce Street, east of 1220 Victor Road to ORD. NO. 1098 M-2, Heavy Industrial., INTRO. - Community Development Director Schroeder intro- duced the matter and a diagram of the proposed prezoning was presented for Council's scrutiny. Speaking on behalf of the proposed prezoning was: Mr. Daniel Anderson 1500 Edgewood Drive Lodi, California 164 PUBLIC HEARINGS (Contd) PREZONE 6.27 ACRE PARCEL ORD. NO. 1098 INTRO. (Contd. ) Minutes of March 2, 1977, continued There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Councilman Pinkerton asked that the record show that the City has a phasing plan and unless "we" stay with it, "we" should throw it out. Following discussion on the matter, Councilman Katnich moved introduction of Ordinance No. 1098 prezoning a 6.27 acre parcel between Victor Road and Mounce Street, east of 1220 Victor Road to M-2, Heavy Industrial. The motion was seconded by Councilman Katzakian and carried by the following vote: Ayes: Councilmen - Katnich, Katzakian, Pinkerton and Hughes Noes: Councilmen - None Absent: Councilmen - Ehrhardt M-1, LIGHT Notice thereof having been published in INDUSTRIAL DISTRICT accordance with law and affidavit of publication AMENDED being on file in the office of the City Clerk, Mayor Hughes called for the public hearing to ORD. NO. 1099 consider the City Planning Commission's recom- INTRO. mendation that the M- 1 , Light Industrial District J be amended to eliminate the requirements for (a) a 20 -foot front yard, (b) two 10 -foot side yards, and (c) a 10 -foot rear yard. There being no persons in the audience wishing to speak either in favor of or in opposition to the matter, the public portion of the hearing was closed. Following Council discussion on the matter, Councilman Katzakian moved introduction of Ordinance No. 1099 amending the M- 1, Light Industrial District to eliminate the requirements for (a) a ZO-foot front yard, (b) two 10 -foot side yards, and (c) a 10 -foot rear yard. The motion was seconded by Councilman Katnich and carried by the following vote. Ayes: Councilmen - Katnich, Katzakian, Pinkerton and Hughes Noes: Councilmen - None Absent: Councilmen - Ehrhardt -2- 16.' Minutes of March 2, 1977, continued PLANNING COMMISSION ITEMS OF INTEREST The City Manager gave the following report of the Planning Commission's meeting --` of February 28, 1977: The Planning Commission - 1. Amended the previously -approved Tentative Map of Sturla Park Subdivision, a 4. .5 -acre, 20 -lot tract located between South Ham Lane and South Fairmont Avenue, north and south of the future extension of West Tokay Street by approving Lots 6 and 7 with the conditions as previously e stablished. These two lots had been excluded from the subdi- vision approval pending a final determination on the future extension of South Sunset Drive. 2. Approved the request of Mr. Leon Perlegos to extend for 18 months a Use Permit granted on August Z5, 1975 to allow construction of an off- street parking lot at 1332 South Hutchins Street in an area zoned R -MD, Medium Density Multiple Family Residential to be used as additional parking for Save -Mart Foods at 1340 South Hutchins Street with the conditions as previously established. The Resolution goes on to direct that the City Council of the City of Lodi is authorized to proceed without notice and.hearing and without an election as provided in Section 54797. 1 of the Government Code. Resolution No. 319 was passed and adopted by the San Joaquin County Local Agency Formation Commission on February 18, 1977. -3- 3. Approved the request of Mr. Oskar Hess for a Variance to reduce the required front yard from 25 feet to ZO feet at 1041 South Hutchins Street to permit the erection of a six -unit apartment house in an area zoned R -MD, Medium Density Multiple Family Residential. Community Development Director Schroeder apprised the Council that Claude C. Wood Co. has applied to the County to excavate and fill in an excavation pit located at the end of Myrtle Road in the vicinity of Guild Winery. The Planning Commission recommended approval of the request. COMMUNICATIONS RES. NO. 4325 San Joaquin County Local Agency Formation Commission Resolution 319 approving the Lodi APPROVING Door and Metal Addition to the City of Lodi was ANNEXATION OF received and presented by the City Clerk indicating LODI DOOR & that the Executive Officer of the San Joaquin County METAL ADDITION Local Agency Formation Commission certified the TO CITY OF LODI filing of an application with the Commission for said annexation on January 12, 1977. The petition for annexation of Uninhabited Territory signed by all property owners involved is on file in the Office of the City Clerk. The Resolution goes on to direct that the City Council of the City of Lodi is authorized to proceed without notice and.hearing and without an election as provided in Section 54797. 1 of the Government Code. Resolution No. 319 was passed and adopted by the San Joaquin County Local Agency Formation Commission on February 18, 1977. -3- 166 Minutes of March 2, 1977, continued LODI DOOR & METAL On motion of Councilman Katzakian, Katnich ADDN. ANNEXATION second, Council adopted Resolution No. 4325 RES. NO. 4325(Contd) approving the annexation of certain uninhabited `l territory, designated "Lodi Door and Metal Addition" to the City of Lodi. CLAIM City Clerk Reimche presented a Claim which had been filed on behalf of Mary E. Kertzman, 2- 116 Spruce Street, Galt, California for personal injuries, (1) general damages according to proof; (2) Medical expenses incurred and to be incurred according to proof; (3) Cost of suit according to proof; and (4) such other and further relief as the Court may deem proper. On motion of Councilman Katnich, Pinkerton second, the Claim was rejected and referred to the City's Agent of Record. INVITATION REC'D The City Clerk presented an invitation which had FOR GROUNDBREAK- been received from the Soroptimist International ING OF SUNSHINE of Lodi to attend the ground -breaking ceremony of TRAIL GARDEN FOR the Sunshine Trail -Garden for the Blind on Friday, THE BLIND March 25, 1977 at the Micke Grove Memorial Building. COMPLAINT RE The City Clerk presented a letter which had been PLANNING received from Donald L. Ewing, 816 Tilden Drive, COMMISSION Lodi thanking the Council for the public hearing on _ the matter of the proposed rezoning of 4. 3 acres referred to as Westwood located between Cochran Road and West Vine Street, but stating he feels the opposition to this rezoning was dealt with unfairly during the January 24th meeting with the City Planning Commission. Mr. Ewing asks that there be a public hearing on the matter of the "City Planning Commission's failure to properly execute their duties in connection with this request for rezoning. " The City Clerk was directed to corres- pond with Mr. Ewing asking for specifics on the allegations contained in his February 21, 1977 letter. ABC LICENSE City Clerk Reimche presented the following applica- APPLICATIONS tions for Alcoholic Beverage License which had been received: (a) The Winery, 548 S. Sacramento St. , Lodi, Oscar B. and Sandralee C. Logan, On Sale Beer and Wine, Public Premises, Person to Person transfer. (b) Del Monte Club, 12 1-2 3 N. Cherokee Lane, Lodi, Robert A. Trowbridge, On Sale General Public Premises, Exchange to License Type 48. BIRTHDAY WISHES Birthday wishes were extended by the Council to EXTENDED TO MRS. Mrs. Kate Boyd who will be celebrating her 104th KATE BOYD ON HER birthday on March 5, 1977. 104th BIRTHDAY -4- 167 Minutes of March Z, 1977, continued USE OF PLACE CARD Mayor Hughes presented a copy of a letter PROPOSED TO addressed to President Carter from CONSERVE WATER BY Restauranteur Mr. Dick De Grande of "the LOCAL RESTAURAN- Cosmopolitan" with a place card he is pro- TEUR posing to use in an effort to conserve water VICINITY OF in this area. REPORTS OF CITY MANAGER CONSENT CALENDAR In accordance with the report and recommenda- areas not needed for adequate on -street parking tion of the City Manager, the following actions be utilized to provide additional sight distances hereby set forth between asterisks, on motion of adjacent to the school crosswalks and at the Councilman Pinkerton, Katnich second, were Chestnut Street intersection. approved by Council: CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $351,446.87. City Manager Glaves apprised the Council that the City acquired the Well 17 property as an undeveloped parcel some time ago. The parcel is now being developed in conjunction with the development of SUNWEST Unit No. 2 Subdivision, and in order to conform to standards in the area for placement of utilities, Pacific Gas and Electric Company has required an easement as depicted on an illustration presented for Council's s c rutiny. DEED OF EASEMENT RESOLUTION NO. 4326 TO P. G. & E. RESOLUTION DEDICATING A DEED OF RES. NO. 4326 EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY FOR INSTALLATION OF FACILITIES ON WELL 17 PROPERTY. RESOLUTION NO. 4327 RESOLUTION ESTABLISHING LOADING, UNLOADING, AND "NO PARKING" ZONES ON SOUTH CHURCH STREET IN VICINITY OF NEEDHAM SCHOOL -5- The City Manager apprised the Council that the LOADING, UNLOADING Lodi Unified School District has informed the ZONE, AND NO City that the School District has relocated several PARKING ZONES offices and storage areas to Needham School and ESTABLISHED IN that this relocation has generated a need for a VICINITY OF loading and unloading zone in the vicinity of NEEDHAM SCHOOL Needham School. It is also recommended that the areas not needed for adequate on -street parking RES. NO. 4327 be utilized to provide additional sight distances adjacent to the school crosswalks and at the Chestnut Street intersection. RESOLUTION NO. 4327 RESOLUTION ESTABLISHING LOADING, UNLOADING, AND "NO PARKING" ZONES ON SOUTH CHURCH STREET IN VICINITY OF NEEDHAM SCHOOL -5- i e, Minutes of March 2, 1977, continued "NO PARKING" Council ,;,,as advised that when vehicles are ZONES ESTABLISHED parked to the curb returns on Ham Lane, ON HAM LANE AT drivers stopped on Oak Street do not have a OAK STREET clear and unobstructed -view of traffic on Ham Lane and it was Staff's recommendation that RES. NO. 4328 Council establish "No Parking" zones on Ham Lane at Oak Street which would be designed to give the Oak Street drirer a clear view of traffic for a safe sight distance of approximately 100 fee:. RESOLUTION NO. 4328 RESOLUTION ESTABLISHING "NO PARKING" ZONES ON THE WEST SIDE OF HAM LANE FROM 65 FEET SOUTH OF THE CENTERLINE OF OAK STREET TO 70 FEET NORTH OF THE CENTERLINE OF OAK STREET. EXPERIMENTAL Council Has apprised that the City has received TREE FARM AT a proposal from the Chapman Forestry Foundation W.S. W.P.C. P. for an experimental tree farm which will evaluate SITE APPROVED the feasibility of growing eucalyptus trees for wood pulp using plant effluent. It is proposed that this operation be located on a 13 -acre site south of the existing White Slough Water Pollution Control Plant facility. This site is an area which is not now under lease and should not be affected by any future plant expansion. The location has paved access and all the facilities for providing the necessary effluent are already existing. The Chapman Forestry Foundation is willing to pay a rental of $42. 00 per acre. Mr. A. Dale Chapman, President of the Chapman Forestry Foundation was in the audience and answered questions as directed by Council regarding the proposal. Following discussion, on motion of Councilman Katnich, Pinkerton second, Council approved pro- posal for an experimental Tree Farm at the White Slough Water Pollution Control Plant site as presented by the Chapman Forestry Foundation, directed the City Attorney to prepare an agreement on the project, and authorized the City Manager to execute said Agreement on behalf of the City. WATER Following introduction of the matter by City CONSERVATION Manag•-r Glaves, Administrative Aide John PROGRAM ADOPTED Abernethy outlined detail for implementing a pro- posed Nater Conservation Program for the City of RES. NO. 4329 Lodi. Information on the City's dropping under- ground water table was given by Mr. Richard Prima, Junior Civil Engineer. -6- 16. City Manager Glaves apprised the Council that he had received a letter from Eugene T. Gualco, Chairman, State Assembly Committee on Water and Ruben S. Ayala, Chairman, Senate Committee on Agriculture and Water Resources with Assembly Concurrent Resolution No. 16 attached, requesting all local water purveyors to immediately evaluate their water supplies and needs and to institute all appropriate water conservation methods that would assist their area, as well as other areas. The Governor, according to the letter, has requested that all urban areas undertake a voluntary 25% reduction in water use. Mayor Hughes asked for a staff report on informa- tion regarding swimming pool water usage, evaporation, etc. Following discussion with questions regarding the proposed plan being directed to Staff, Council, on motion of Councilman Katnich, Katzakian second, adopted Resolution No. 4329 establishing a Water Conservation Program for the City of Lodi and authorized expenditures of $1,000 toward imple_ menting this program.' GARBAGE Minutes of March 2, 1977, continued WATER Council was apprised that for maximum long?- ongrCONSERVATION CONSERVATION range effectiveness, this program will emphasize PROGRAM ADOPTED a thorough and sustained public information pro - RES. NO. 4329(Contd) gram. The program will be directed to all water INTRO. users within the City of Lodi and recognizes the - importance of voluntary cooperation and acceptance. The goal of a 30% reduction in water use has been determined as a result of the City's first two-month experience in 1977 (a 20% reduction) and the County's goal of 25%. It was also recommended that a Water Conservation Committee be appointed by the Council from a list of interested local citizens to advise and coordinate the efforts of volunteer groups and organizations. City Manager Glaves apprised the Council that he had received a letter from Eugene T. Gualco, Chairman, State Assembly Committee on Water and Ruben S. Ayala, Chairman, Senate Committee on Agriculture and Water Resources with Assembly Concurrent Resolution No. 16 attached, requesting all local water purveyors to immediately evaluate their water supplies and needs and to institute all appropriate water conservation methods that would assist their area, as well as other areas. The Governor, according to the letter, has requested that all urban areas undertake a voluntary 25% reduction in water use. Mayor Hughes asked for a staff report on informa- tion regarding swimming pool water usage, evaporation, etc. Following discussion with questions regarding the proposed plan being directed to Staff, Council, on motion of Councilman Katnich, Katzakian second, adopted Resolution No. 4329 establishing a Water Conservation Program for the City of Lodi and authorized expenditures of $1,000 toward imple_ menting this program.' GARBAGE City Manager Glaves presented for Council ORDINANCE approval a proposed garbage ordinance amendment AMENDMENT as prepared by the City Attorney. Discussion followed on the matter, with questions being posed ORD. NO. 1100 by the Council to Staff. INTRO. - Councilman Katzakian then moved introduction of Ordinance No. 1100 entitled "An Ordinance Repealing Section 11-5 of the City Code of the City of Lodi, amending Section 11-2, and Section 11-9 of Chapter 11 of the City Code entitled 'Garbage and Rubbish', thereby requiring commercial establishments to use the services of the City's Franchise Garbage Collector and authorizing collection bins for multiple family dwellings. " The motion was seconded by Councilman Katnich and carried by the following vote: Ayes: Councilmen - Katnich, Katzakian, Pinkerton and Hughes Noes: Councilmen - None Absent: Councilmen - Ehrhardt -7- 170 Minutes of March 2, 1977, continued MAIN ST. The Locust and Main Street Traffic Investigation ESTABLISHED AS as prepared by Staff was presented for Council's STREET WHICH scrutiny. Public Works Director Ronsko pointed YIELDS TO out that the accident frequency and accident LOCUST ST. severity at this intersection is extremely high and that YIELD signs are warranted under Condi- RES. NO. 4330 tion No. 5 for Warrants for Yield Signs which states "At any intersection where a special problem exists and where an engineering study indicates the problem to be susceptible to correc- tion by use of the YIELD sign. " On motion of Councilman Pinkerton, Katzakian second, Council adopted Resolution No. 4330 establishing Main Street as a street which yields to Locust Street. CALIFORNIA/ Mayor Hughes stated that the study on California/ TURNER RD. STUDY Turner Road as prepared by staff has been com- AVAILABLE TO pleted and it is available to anyone interested in PUBLIC seeing it. EXAMINATION RADIOS FOR Following introduction of the matters by City VACUUM SEWER Manager Glaves, on Motion of Councilman LINE CLEANER Katzakian, Katnich second, Council approved APPROVED Special Allocation in the sum of $3, 410 to pur- STREET LIGHTING chase one mobile radio and one portable radio for the Vacuum Sewer Line and Catch Basin Cleaner. REPLACEMENT OF Councilman Katzakian then moved to approve WACKER TAMPER Special Allocation in the sum of $1,460 to re- APPRVD. place a 1963 Wacker tamper. The motion was seconded by Councilman Katnich and carried. CHEROKEE LANE City Manager Glaves presented an update report STREET LIGHTING prepared by Staff on Cherokee Lane Street Lighting in response to an inquiry received from Mrs. Elsie Flower. It appears that the petition being circulated by Mr. Richard Sanborn for street lights covering an area from the north freeway exit, south to Kettleman.Lane, has. of this date been signed by owners of only 48. 91% of the front footage. It appears that efforts by the committee to obtain the required 60% is presently stalled. GENERAL PLAN Councilman Katzakian asked to abstain on voting LAND USE ELEMENT on the adoption of Ordinance No. 1096 and 1097 AMENDMENT as the company with which he is associated is purchasing and developing the property. ORD. 1096 ADOPTED Ordinance No. 1096 entitled "An Ordinance of the City of Lodi Amending the General Plan Land Use Element" by the extension of the Commercial - Professional designation to Ham Lane, north and south of the future extension of West Tokay Street, having been introduced at a regular meeting of the Lodi City Council on February 16, 1977, was brought up for passage on motion of Councilman Katnich, Pinkerton second. Second reading was omitted after reading by title and the Ordinance was then passed, adopted and ordered to print by the following vote: -8- 171 Minutes of March 2, 1977, continued ORD. 1096 ADOPTED Ayes: Councilmen - KATNICH, PINKERTON, (Contd. ) and HUGHES Noes: Councilmen - None Abstain: Councilmen - KATZAKIAN Absent: Councilmen - EHRHARDT ORD. TO REZONE Ordinance No. 1097 entitled "An Ordinance 1/2 OF 4.5 ACRE amending the Official District Map of the City PARCEL BETWEEN of Lodi and thereby rezoning the west one-half S. FAIRMONT & of a 45 -acre parcel located between South S. HAM (i.e. 621 S, Fairmont Avenue and South Ham Lane north and FAIRMONT) south of the future extension of West Tokay Street G. e. , 621 South Fairmont Avenue) from R -GA, ORD. NO. 1097 Carden Apartment Residential to C -P, Commercial - ADOPTED Professional" having been introduced at a regular meeting of the Lodi City Council on February 16, 1977, was brought up for passage on motion of Councilman Katnich, Pinkerton second. Second reading was omitted after reading by title, and the Ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - KATNICH, PINKERTON, and HUGHES Noes: Councilmen - None Abstain: Councilmen - KATZAKIAN Absent: Councilmen - EHRHARDT APPRECIATION Mayor Hughes expressed his appreciation to the EXPRESSED BY Council, Staff and citizens of Lodi for the MAYOR HUGHES assistance and cooperation extended to him as Mayor during the past year. REORGANIZATION OF THE COUNCIL The City Clerk called for nominations for Mayor, On motion of Councilman Katzakian, Pinkerton second, Councilman Katnich was nominated for Mayor. There being no further nominations, the nominations were closed on motion of Councilman Pinkerton, Katzakian second, and Councilman Katnich was elected Mayor. Mayor Katnich then called for nominations for Mayor Pro Tempore. On motion of Councilman Hughes, Katzakian second, Councilman Pinkerton was then nominated for Mayor Pro Tempore. There being no further nominations, the nominations were closed and Councilman Pinkerton was elected Mayor Pro Tempore. ADJOURNMENT There being no further business, on motion of Mayor Pro Tempore Pinkerton, Councilman Katzakian second, the meeting was adjourned by Mayor Katnich at approximately 10:03 p. m. S�Attest: ALICE M: R &ICHE City Clerk -9-