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Minutes - February 17, 1971
194 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS FEBRUARY i7, 1971 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, February 17, 1971 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, KIRSTEN and SCHAFFER (Mayor) Absent: Councilmen. - .None Also present: City Manager Glaves, Assistant City Manager Peterson, City Attorney Mullen, Planning Director Schroeder and Public Works Director Jones. PLEDGE Mayor Schaffer led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Ehrhardt, Kirsten second, the Minutes of February 3, 1971 and February 10, 1971 were approved as written and mailed. PUBLIC HEARINGS APPEAL - :Notice thereof having been published in accordance MARTHEL, INC. with law, Mayor Schaffer called for the public DENIED hearing on the appeal of Mr. C. L. Jones on behalf of the Marthel, Inc. from the decision of the Planning Com-ni5sion in denying his request for a change in zoning from the C -P, Commercial - Professional District to the C-1, Neighborhood Commercial District for a one -acre parcel at the northeast corner of South Haan Lane and West Kettleman Lane. City Manager Glaves read a memorandum from the Planning Director giving the basis for the Planning Commission's denial of the rezoning request. Planning Director Schroeder reviewed the request and showed a drawing of the area proposed for rezoning. Mr. C. L. Jones, representing Marthel, Inc., spoke in favor of the appeal. He said proposed pians for the property included a small market plus certain neighborhood service -type stores. There being no other persons in the audience wishing to speak on the r_iatter, the public portion of the hearing was closed, Council Kirsten stated he wished to abstain from both discussion and voting on the matter because of a possible confl--c: of inti -rest. 9a© Min,:tes of Fehruary 17, 1971 centin•aed After discuss r . by the Council. Councilman Ehrhardt moved the appeal be, granted and she one -acre parcel located at the northeast corner of South Hain Lane and West Kettleman Lane be rezoned to the C-1, Neighborhood Commercial District, The motion was seconded by Councilman Hughes. A roll call vote was taken and the motion failed by the following vote: Ayes: Councilmen - Ehrhardt and Hughes Noes: Councilmen - Katnich and Schaffer Abstain: Councilmen - Kirsten The appeal was denied, and the decision of the Planning Commission was upheld. FLOODPLAIN Notice thereof having been published in accordance ORDINANCE with law, Mayor Schaffer called for the public hearing on the recommendation of the Planning Commission ORD. NO. 943 to amend the Zoning Ordinance to include a Flood - INTRODUCED plain District and that the area along the Mokelumne River charnel between the Central California Traction Company bridge and a point west of the Town of Woodbridge as defined by the U.S, Army Corps of Engineers be zoned and prezoned FP District. Planning Director Schroeder reviewed the proposed FLoodplain Zoning Ordinance and discussed the list of uses permitted in the Floodplain District, He presented a drawing showing the Mckelumne River FLoodplain as defined by the U.S. Array Corps of Engineers for the City of Lodi in August, 1970. Mr. Schroeder stated that the ?roposed ordinance had been revie,led and approved by the Planning Commission, the Reclamation Bcard and the City Atto rnev., The following peracns .vere present and spoke on the matter: 1. Mr, Victor Meyer, 41 South Sacramento Street, Lodi, Mr. :Meyer stated he was not opposed to the proposed ordinance, but he questioned the advisability of including a shooting range in the list of uses permitted in the Section entitled, "Outdoor pri•;a.te recreational facilities. " He asked if the Sanguinetti property north of Turner Road was in the Floodplain District. Mr. Meyer said the Bureau of Reclamation Board had issued a per -=.t for :he develop: - of the Sang,_inetti property to fill the area which would raise the ground level and th.erefore requested that th'-s property not be included in the Flood- plain Distr:c: t, -2- 209 Minutes of February 17, 1971 continued 2. Mr. William Lange, 11070 East Woodbridge Road, Acampo. Mr. Lange commended the Planning Commission, Planning staff and the City Council for giving consideration to the proposed ordinance. He emphasized that, while there is a high degree of flood protection on the i4lokelumne River, there is always the threat of a flood. He said that the bottomlands should be retained for agricultural, recreational and seasonal uses. 3. Mr. Bob Mason, 937 Mason Street, Lodi. Mr. Mason spoke in favor of the proposed ordinance and stated he felt the recreational value of the river should be emphasized and lands adjacent to the river should be preserved for recreational and agricultural purposes. The Council discussed the proposed ordinance. Councilman Hughes stated he was not opposed to the ordinance, but he requested the Council to delay action on the matter so that further consideration could be given to the wording of the ordinance. After further discussion, Councilman Kirsten moved introduction of Ordinance No. 943 amending Chapter 27 of the Code of the City of Lodi thereby adding Section 27- 12C regulating the use of the Mokelumne River Floodplain. The motion was seconded by Councilman Ehrhardt and carried by the following vote: Ayes: Councilmen - Ehrhardt, Katnich, Kirsten and Schaffer Noes: Councilmen - Hughes DEBRIS IN The Council discussed the problem of debris clogging MOKELUMNE the Mokelumne River and agreed this should be RIVER corrected. On motion of Councilman Kirsten, Hughes second, the Council directed the staff to determine what can be done to correct this situation and the best method by which it can be accomplished and to report back to the Council. LAWRENCE Firs. Joy Walker, 711 Donner Court, addressed RANCH SUBD. the Council concerning improvements she had previously IMPROVEMENTS requested for the Lawrence Ranch Subdivision. She further requested that a stop sign be installed at the intersection of Calaveras and Murray Streets and asked if a recommendation had been prepared for the improvement of Calaveras Street. City Manager Glaves reported that, because of the high priorities of other projects, the staff had been unable to prepare plans for the improvement of Calaveras Street. He said plans would be available soon. -3- -202 Minutes of February 17, 1971 cor_:inued PLANNING COMMISSION The City Manager gave the following report of the City Planning Commission meeting of February 8, 1971: SPECIFIC PLAN - The Planning Commission recommended the adoption E. LOCKEFORD of a Specific Plan for the future develcpmert of East Lockeford Street between the Southern Pacific Railroad right of way and North Washington Street. On motion of Councilman Kirsten, Ehrhardt second, the matter was set for public_ hearing on March 3, 1971. OF INTEREST The Planning Commission also took the following actions of interest to the City Council: I. Recommended that the San Joaquin County Planning Commission deny the request of Mr. Berle G. Crisp for a change in zoning from the RA- 15, Residential District, to the R- IU and R- 1- 10 Residential Districts for a parcel at the southwest corner of Lower Sacramento Road and Woodbridge Road, north of the Town of Woodbridge. 2. Approved the request of the Foursquare Gospel Church for a Variance to reduce the required sign setback area from 10 feet to 5 feet to permit the erection of a I2 -square -foo: church sign at the southwest corner of Sou* Hutchins Street and West Park Street in an area zoned R-2, Single -Family Residential. COMMUNICATIONS WESTERN A notice of hearing before the Public_ Utilities UNION Commission concerning the Western Union Telegraph Company's application for an order authorizing it to revise certain intrastate rates and charges appli- cable to message telegraph and other services within the State of California was read. LEAGUE OF CC The City Clerk read a letter from Assistant Director RE ECOLOGY of the League of California Cities, Don Benninghoven, acknowledging receipt of the City's resolution con- cerning the problem of litter and waste disposal created by the sale of beverages in disposable, non- returnable containers. The letter stated the League's Board of Directors had also expressed a similar concern for finding practical solut'-ons to this problem. LEGISLATION A letter was read from Mr. Richard L. Friel, RE ELECTIVE Executive Vice -President of the Beverly Bills OFFICES Chamber of Com-nerce Civic Association staving that under existing legislation, General Law Cities permit filing, or nomination, for an ele,: i;:e office with such minimal requirements as to possibly -a- 203 Minutes of Februa ry i ; , 19-1 1 continued provide a platform for publicity seekers cr other insecure persons. Also enclosed was a copy of a letter which had been sent to State legislators requesting enactment of appropriate legislat;cn for General Law cities so as to improve the procedure for nomination for elective offices. No action was taker_. SAN MATEO A letter was read from Mayor Hugh A. Wayne, City RE PROPERTY of San Mateo requesting the City Council to adopt TAX RELIEF a resol•ition urging the legislature to submit to the voters a measure ;hick would permit and provide a procedure for the establishing of a different assessment ratio for a single-family dwelling. No action was taken. CCSJAPA A notice was read of a meeting of the Cities and County of San Joaquin Advisory Planning Association to be held Tuesday, February 23, 1971. Members of the Council as well as the Planning Director and Public Works Director were invited to attend. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $296,318.90 were approved SOFTBALL on motion of Councilman Kirsten, Katnich second. AWARD - The City Manager presented bids received for STORM DRAINS storm drains for Wells No. 1, 2 and 6 as follows: FOR WELLS San Jose Steel Ccmpany 6, 950. 00 NO. 1, 2 & 6 Certified Sewer $ 9,984.92 R. C. &E. , Inc. 10,418.62 RES. NO. 3482 James E. Johnston 11, 282.00 William Burkhardt 11, 669.20 Sub -Surface Pipelines 12,724. 00 A. Teichert & Son 14,464,00 Parrish, Inc. 19,021.40 The City Manager recon u --vended the award be made to the low bidder, Certified Sewer. On motion of Councilman Ehrhardt„ Kirsten second, the Council adopted Resolution No. 3482 awarding the contract for the storm drain_ to Certif-Jed Sewer for a total amount of $9, 984. 92, AWARD - Bids were also received for the fencing_ for the SOFTBALL Softball Complex as follows: COMPLEX FENCING Stockton Fence & Material Co, $6,3Z9.00 San Jose Steel Ccmpany 6, 950. 00 RES. NO. 3483 C & R Fencnng & Welding 7, 750. 00 Delta Fence Company 8, 2(p6j�0k, 00 Alternate 1 7: T -cry. 50 � Alternate 2 7,301.25 The City Manager recommended he award be made to the low bidder, Stockton Fence and Material Company. On _action cf Co incilman Katnich, ao& Minutes of February 17, 1971 continued i'drsten second, the Council adopted Resolution No. 3483 awarding the contract for the fencing for the Softball Complex to the low bidder, Stockton Fence and Material Company, for a total amount of $6,329.00. SUPPLEMENTAL On recommendation of the City Manager, the Council ALLOCATION - approved, on motion of Councilman Kirsten, Ehrhardt STREET LIGHTS second, a supplemental allocation in the amount of $13,989 to be charged to the Contingency Fund for killowatt, hours used for unmetered street light circuits. REPORT OF City Manager Glaves reviewed a memorandum he FINANCE DIR, received from Finance Director Fred Wilson con- cerning the City's present financial status. C & C OF SJA Councilman Kirsten commented on a meeting of the Cities and County of San Joaquin Association which was held in Lodi on February 11, 1971 and which the Council attended. ADJOURNMENT There being no further business, the meeting was adjourned at 10:50 p.m. on motion of Councilman Kirsten, Katnich second. Attest: BESSIE L. BENNETT City Clerk -6-