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HomeMy WebLinkAboutMinutes - March 3, 1971205 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MARCH 3, 1971 A regular meeting -of the City•.Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, March 3; 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, Hughes second, the Minutes of February 17, 1971 were approved as written and mailed. -- -PUBLIC HEARINGS APPEAL - Notice thereof having been published in accords c,e_ C. R. LOHR -' with law, Mayor Schaffer 'called for the. pu�h� f3i pg CONTINUED on the "appeal of Attorney'Robert K. Ellio£ on 0 -of- Mr. C. R. Lohr 'from the decision of the tP anning Commission in denying his•request for a change in zoningfrom the R-2, Single -Family Residential District to the 'R -GA; Residential -Garden Apartment District for a parcel located at 1401 West Lockeford Street. Planning Director Schroeder reviewed the request and presented a drawing of the 'parcel proposed for rezoning. . Attorney Robert Kr Elliott, 22$-230 West Pine Street, representing the property`owner, Mr. C. R. Lohr, spoke` on behalf of the appeal. " Mr. Elliott explained that he was not appealing the entire action of the Planning Commission. He.: said he agreed with the Planning Commission that the property fronting on Graffigna Street should remain inthe R-2 District, but he requested the front half of the property (fronting on Lockeford Street) be rezoned to the R -GA District. The following persons spoke in opposition to the requested rezoning: Mr. Dan Oshner, 1409 West Lockeford Street Mr. Jim Warn, 1425 West Lockeford Street Mr. Delfred Schlenker, 1412 Graffigna Street Mr. Clyde Landaker, 1421 West Lockeford Street Mr. Victor Heer, 1416 Graffigna Street Mrs. Kathryn J. Warn; 1425 West Lockeford Street Mr. Ken Riley, 1401 Graffigna Street There being no other persons in the audience wishing to be heard on the matter, the public portion of the hearing was closed. -I- z06 _t1Mlnu�eJs-o€,lviareh;:; 71, continued After Council discussion of the request, Councilman Kirsten moved4e,.appeal be;,de%ecj,ajn�cth� �clQeistio a._..*s..:? ni.�r:.,J� ,. , -.pf �he Planning Gomnissiozi �ae,uplxel�, _.:Fhe mvki¢n was seconded by Councilman Ehrhardt. After further HCIIAT'r..1 23HDU.ci •T "_ dseusion „ ;the Council; det r.{nined that,`;-ir!c�s rxrtUE request had been amended by the appellant since it had been considered by the Planning Commission, the amended_ requetst,:should be:_ returned to that body for further consideration, Councilman Kirsten then withdrre _y. his./ original ,;notio _and moved that the request �9,. ;1.' j_� ... 1, q axriended by the. appellant,, a referred to the Planning` Coarr}�xssion,fo_xYer consideration and recommendation to the City Council, and the public 3 hearing on; the atter is .,, .o�atinued to the Counr"n�_;,:, sli ort cJ ��c;.al' is :i s:.. �; i .,,:mr..:. meeting of March 17, 1971.}The motion was seconded by,Gouncian Katnich ,anci carried by unanizncla;a fl_Q � s is-)vo"Lgc s o _ .v/ f -vote , ! Planning Director Schroeder stated the matter would be considered at the Planning,( q�L �gi9njmee;ting on March 8, 1971. AES' f3 ALJ rc _.:r.ic'`1 .i t? ?99A t Lto s �. t c3 Notice ,thereof- having- been pq>�i}shed in ac,Gomdanre ,with law, Mayor _Schaffer 11 d for the uloi' a V �1 n9i •� Yf �t 1 e bdEN> onJtl appeal of Mr. R I �Ogan from the decision s ed3 :o cocai�J: �.. ,.,.:__ _ o tAe_:Planning`Comm ssio . i en in his request �:) .�.._.,. � ,.. :._ �....?f' a3denying B q J u isi3rL�i is ).. ;_;,.for a: Variance tq::incFea e.ttd�e maximum fence height r s::_. t t ll s 4 Ftp.bzs„ _inc.at ,118.0: Qrang,4qwRod Drive. .A.. .. .. _.... 1 est Z bxui�Hxl 7=.z `W . 7; b�._,.:_ _- ^'t s YO' Planning Director Schroeder explained that Mr. Organ, ow,ne=,,of .the�pr,operiy.;iat ll$Ql.prangewood Drive, .7e9Jp9”( 8f..i lits"/: J1'• . ..: ; , .. toi b�2oc,o: y, ,hch as requested_ the Varianoe. sq,,khat he might increase the height of his fenceprivacy to a recently - constructed swimming pool and to lessen the hazard tp.neighbor{ng .children..{yFeor orted that the Planning rio.i .H .J .x_.<_ ,gommission's. denial- vas�4q,e;L..on the determination i)c,rtrsitxs Y,cill� i that�no _zoninghards:fiipI}een proven. appellant,.,Mr.. .R; H.,;:Organ, 1180 Orangewood jl!Drive, ,sRpkp,}.inV favorpof the_tappeal. He said if his )Jli!atl S q`Js;+ original: rediast yvere not aI?x. Yed he would like to increaS a the heig�7ht of his fonce. b at least 2 to 4 �:. x. 7 7..C�'. ..! fl.__a S3 _ '.:u Y inches. He alsg -read', a .letter_ from Mr. Anton L. .v ✓ ` ii �'):�.! J'J._ =_) Zupo, 1174 Orangewood Drive, which stated he was not. opposed ,to-: the request.. ,) here being no other persons in the3audience wising:to be heard on the matter, the public portion of 'the hearing was closed. After Council consideration of, the matter, it was deterrined that.no..hardship existed, and on motion of Councilman Kirsten, Ehrhardt_ second, the appeal was, ,denied and the . decision of_ : the Planning Commission upheld., x©!7 Minutes of March 3, 1971 continued SPECIFIC PLAN - �c.icl Notice thereof having been published in' acco dance E. LOCKEFORD G 1� with law, 'Mayor Schaffer caped for the., publ�c hearing STREET on the recommendation of the'Planning t;ofnmi.ssion to adopt a Specific Plan for the future development ORD. NO. 944 of Eas'i Lockeford Street" between the Southern Pacific INTRODUCED Railroad right of way and North -Washington Street. Public Works Director Jones "reviewed fo'r`the -Council the three alternate plans that had been reviewed by the Planning Commission and recommended the Council adopt the plan approved by the Planning Commission. The following persons were present and spoke on this matter: Mr. Howard Mason, President of Lodi 7CgId_ Storage, Inc., 315 North Main Street. Mr. Mason was concerned with changes proposed for Lockeford Street that might affect the existing truck loading facilities at the Lodi Cold Storage plant. Mr. George Lewis, Vice President of Lodi Cold Storage, Inc., 7282 North _Myrtle Stree,to_Auesti�nead, the feasibility of installing- sidewalk next t`o tie rail- road track. Mr. Leland Mounce, 530 Calaveras Street, said he felt the improvements proposed for Lockeford Street would improve the appearance of the City in that area. Mr. James New, 712 Donner Court, stated he felt the installation of sidewalk on the north side of Lockeford Street was essential. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. After considerable Council discussion on the proposed Specific Plan, Councilman Kirsten moved introduction of Ordinance No. 944 adopting a Specific Plan for East Lockeford Street between Main Street and Stockton Street. The motion was seconded by Councilman Hughes and carried by unanimous vote. PASSENGER Mayor Schaffer reported that Councilman Ezra Ehrhardt TRAIN ROUTE and Dr. Howard Letcher had represented the ,City at a hearing in Fresno which had been called for the purpose of selecting a San Joaquin ValLey route for, the new West Coast passenger train. CounciLrrian Ehzhardt reported that all persons in attendance had expressed support of the valley route. Mayor Schaffer said that he had sent a telegram to Congressman John McFall supporting the recommended valley passenger train route. Councilman Ehrhardt then moved Council approval of the action taken by the Mayor in this matter. The motion was seconded by Councilman Kirsten and carried by unanimous vote. Mayor Schaffer thanked Dr.. Letcher for attending the hearing on behalf of the City of Lodi. -3- � �j Minutes of March 3, 1971 continued APPRECIATION - Mayor Schaffer presented former Mayors Fred M. BROWN & Brown and James F. Culbertson with plaques in CULBERTSON recognition of their past service to the community as councilman and mayor. Both served on the City Council from April, 1958 to April, 1970. PLANNING COMMISSION The City Manager gave the following report of the City Planning Commission meeting of February 22, 1971: REZONE E. The Planning Commission recommended the rezoning SIDE CRESCENT of all parcels on the east side of Crescent Avenue AVE. TO R- 2 between West Locust Street and West Lodi Avenue from the R -MD, Medium Density Multiple -Family Residential District to the R-2, Single -Family Resi- dential District. The matter was set for public hearing on April 7, 1971 on motion of Councilman Kirsten, Hughes second. OF INTEREST The Planning Commission also took the following actions of interest to the City Council: 1. Approved the modified plot plan for Phase III of Planned Development District #1 (Town and Country Park) located at the southwest corner of West Turner Road and Rutledge Drive. 2. Instructed the Planning Director to inform the owner of A & P Rentals that a rental truck parked at the northwest corner of South Rose Street and West Lodi Avenue is in an illegal location and must be removed. 3. Discussed garage and patio sales and reviewed an explanation of the staff procedures used in stopping continuous or frequently -held sales in residentially -zoned areas. 4. Asked the Planning Director to inform the Planning Commission members of the time and subject of Special City Council meeting called to discuss matters of public interest. COMMUNICATIONS FOLSOM SOUTH City Manager Glaves reported that a request had been CANAL received from a representative of Northern San Joaquin Water Conservation District for the City to adopt a RES. NO. 3490 resolution urging Congress to appropriate funds for the extension of the Fclsc--i South Canal. On motion of Councilman Kirsten, Katnich second, the Council adopted Resolution No, 3490 supporting efforts of Congressman John J. McFall and others to secure an additional 1.8 million dollars in the 1971-72 federal budget for extension of Folsom South Canal south of Clay. -4- 2u -q Minutes of March 3, 1971 continued REPORTS OF TI4-E CITY MANAGER CLAIMS Claims in the amount of $236,390.83 were approved on motion of Councilman Kirsten, Ehrhardt second. AWARD - City Manager Glaves presented the one bid recieved 1500 GPM for the 1500 GPM Triple Combination Pumper for PUMPER the Fire Department. The bid was from P. E. Van Pelt Company in the amount of $57, 112. 65. The City RES. NO. 3484 Manager recommended the award be made to P. E. Van Pelt Company for the amount of the bid. On motion of Councilman Ehrhardt, Kirsten second, the City Council adopted Resolution No. 3484 awarding the 1500 GPM Pumper to P. E. Van Pelt Company for the amount of the bid. EASEMENT On motion of Councilman Ehrhardt, Hughes second, AGREEMENT the Council adopted Resolution No. 3485 authorizing C. C. T. CO. the Mayor to execute an agreement on behalf of the City of Lodi with the Central California Traction RES. NO. 3485 Company covering overhead 60 KV and 12 KV power transmission lines crossing the Company's tracks and property between Cherokee Lane and the east line of Highway 99 Freeway. AGREEMENT On motion of Councilman Kirsten, Katnich second, the FOR REMOVAL Council rescinded the action taken on February 3, OF AUTOS 1971 in which it granted a franchise to Mr. Tom Miller for removal of abandoned, wrecked, dismantled or inoperative vehicles on private property within the incorporated limits of the City. The Council then approved a Franchise Agreement with Mr. Vernon Cline for the removal of abandoned wrecked, dismantled or inoperative vehicles on private property within the incorporated limits of the City and authorized the City Manager to execute the Agree- ment on behalf of the City. APPLICATION The City Manager presented an application for grant FOR GRANT funds under the Omnibus Crime Control and Safe Streets Act of 1968 to undertake a study of the Police Department. RES. NO. 3489 The City Manager recommended approval of the appli- cation. Police Chief Yates explained that the proposed program is designed to improve the level of the police function within the community as well as set a course of action for the Police Department for the future. The estimated cost of the program is $65,612 for a two- year program. The City's matching fund will not call for increased expenditures at this time but will include the time of specific personnel for the duration of the study as well as some supplies and services rendered by the City staff. The program calls for the employment of a qualified criminal justice planner for the period of the study. -5- 230 Minutes of March 3, 1971 continued On motion of Co.Lncilman Kirsten, Katnich second, the Council adopted Resolution No. 3489 authorizing the City Manager to submit the application for grant funds for law enforcement purposes to the California Council on Criminal Justice and to execute, on behalf of the City of Lodi, the contract for the grant. APPRENTICE The Council, on motion of Councilman Kirsten, PROGRAM Katnich second, adopted Resolution No. 3486 approving implementa`?on of certain conditions of the Apprentice RES. NO. 3486 Program in the Utilities Department. AMENDED Public Works Director Jones presented an amended AGREEMENT agreement between the City of Lodi and the State WITH STATE Division of Highways for the Kettleman Lane under- pass. The amended agreement supersedes the agreement RES. NO. 3487 dated March 18, 1970 between the City and the State Division of Highways. He recommended the Council approve the new agreement. On motion of Councilman Kirsten, Ehrhardt second, the Council adopted Reso- lution No. 3487 approving the above -amended agreement and authorizing the Mayor to sign the same on behalf of the City. CALAVERAS - The City Manager presented a traffic study prepared MURRAY STS. by the Public Works Department for the intersection of Calaveras and Murray Streets. The study was undertaken to determine if stop signs were warranted or would be advisable at this intersection to correct what residents in the area believed to be a dangerous traffic hazard. The study indicated that the intersection did not meet the warrants established for installation of stop signs. The recommendation of the Public Works Director was that no action be taken on the request for installation of stop signs at the intersection. Mr. Leland Mounce, 530 Calaveras Street, who was in the audience, stated he felt a stop sign at the intersection might aid pedestrians in crossing the street as well as slow down the traffic in that area. On motion of Councilman Kirsten, Ehrhardt second, the Council accepted the report as presented. CALAVERAS Public Works Director Jones reviewed six alternates STREET for the improvement of Calaveras Street and then PLANS recommended the Council refer the alignment of Calaveras Street frcm Lockeford Street to Murray Street to the Planning Commission for recommendation of a Specific Plan.. On motion of Councilman Ehrhardt, Kirsten second, the Council referrF:d the :natter of a Specific Plan for Calaveras Street to the Planning Commission for recommendaticn. -6- 211 Minutes of March 3, 1971 con: -need SPECS - The Cite Manager presented specifications for vehicles VEHICLES for the Public Works Department as follows: (1) one survey van, (2) four compact sedans, (3) one standard sedan and (4) two half -ton pickup trucks. On motion of Councilman Ehrhardt, Kirsten second, the Council approved the specifications for the above vehicles and authorized advertising for bids thereon. ACCEPT The Council, on motion of Councilman Kirsten, L. SACTO RD. Katnich second, accepted the Lower Sacramento SAN SEWER Road Sanitary Sewer as complete and authorized the Public Works Director to file the Notice of Completion on the project. PLANS & SPECS- On motion of Councilman Katnich, Kirsten second, LOCKEFORD ST. the Council approved plans and specifications for the STORM DRAIN Lockeford Street storm drain and authorized adver- tising for bids thereon. SP AGREEMENT The City Manager presented an agreement with the APPROVED Southern Pacific Transportation Company covering the relocation of the trackage in Lockeford Street. RES. NO. 3488 The City Manager recommended adoption of a reso- lution authorizing the agreement on behalf of the City and setting forth certain amendments to the Agreement. On motion of Councilman Kirsten, Ehrhardt second, the Council adopted Resolution No. 3488 authorizing the Mayor and City Clerk to execute an agreement with the Southern Pacific Trans- portation Company covering the relocation of the trackage in Lockeford Street with the understanding that (l) the language of Paragraph 2 of the agreement shall be deleted from said agreement; and (2) in Paragraph 2(c) the word "protect" is defined as locating the utilities on the surface of the street by appropriate markings so that the City's obligation will be to locate the underground utilities. WATER City Manager Glaves stated that the Public Works RESOURCES Director had reviewed proposed regulations for the CONTROL Federal -State Grant Program for construction of BOARD waste water treatment facilities and had prepared a letter to the State Water Resources Control Board commenting on these regulations. He recommended the Council give its approval to the letter and authorize the Mayor to sign the letter for transmittal to the State Water Resources Control Board. After Council discussion, Mayor Schaffer moved approval of the above letter. The motion was seconded by Councilman Ehrhardt and carried by unanimous vote. AIRPORT City Manager Glaves explained to the Council that LAND USE legislation was recently passed requiring each County LEGISLATION to create an Airport Land Use Commission. The law provides that, as an alternate, the powers and duties of the Airport Land Use Commission may be assigned to an existing appropriate agency. The County Board of Supervisors agreed to assign this function to the County Planning Commission in lieu of establishing an Airport Land Use Commission. However, the City of Tracy has recommended this function be assigned to the Cities and County of San Joaquin Advisory Planning Association. Minutes of March 3, 1971 continued Mr. Glaves recommended the Council support the recommendation made by the City of Tracy. Council- man Kirsten then moved that the Council go on record favoring the recommendation made by the City of Tracy that the Cities and County of San Joaquin Advisory Planning Association perform the function of airport land use planning in lieu of creating an Airport Land Use Commission. The motion was seconded by Councilman Ehrhardt and carried by unanimous vote. REAPPT. Mayor Schaffer stated he wished to reappoint Elmer BROWN, SALAS Brown, Davis J. Reese and Samuel D. Salas to the & REESE TO Recreation Commission for four-year terms ending RECR. COM. December 31, 1974 and asked the Council's concurrence. On motion of Councilman Ehrhardt, Katnich second, the Council concurred in the above appointments. LABOR RELATIONS The City Manager reminded the Council of the Labor INSTITUTE Relations Institute which the Council and members of the City staff will be attending in San Francisco on March 17, 18, and 19, 1971. PASSING OF Mayor Schaffer informed the Council that messages KOFU MAYOR of condolence concerning the passing of Mayor Akiyama of Kofu, Japan had been sent to the citizens of Kofu on behalf of the citizens of Lodi, the City Council and the Sister -City Committee. KIRSTEN - USNR Councilman Kirsten was congratulated by Mayor COMMANDER Schaffer and his fellow Councilmen on his recent promotion to the rank of Commander in the United States Naval Reserves. ORDINANCES FLOODPLAIN ORDINANCE NO. 943, entitled, "AN ORDINANCE DISTRICT AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF LODI THEREBY ADDING SECTION 27-12C ORD. NO. 943 ENTITLED, 'FLOODPLAIN DISTRICT,' "having ADOPTED been introduced at a regular meeting on February 17, 1971, was brought up for passage on motion of Councilman Hughes after striking the phrase "Such machinery shall be removed from the FP District from November 1 through March 15, yearly" from Subsection d. 1. (i)b. of the ordinance as introduced. The motion was seconded by Councilman Ehrhardt. Second reading was omitted after reading by title, and the ordinance as amended was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - EHRHARDT, HUGHES KATNICH, KIRSTEN and SCHAFFER Noes: Councilmen - None Absent: Councilmen - None -8- ADJOURNMENT Minutes of March 3, 1971 continued There being no further business, the meeting was adjourned on motion of Councilman Katnich, Ehrhardt second, at approximately 11:35 p.m. Attest: B�9SSIE�ETT City Clerk -9- 21io