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Home My WebLink AboutMinutes - May 18, 1977225 CITY COUNCIL, CITY OF LODI CITY BALL COUNCIL CHAMBERS MAY 18, 1977 A regular meeting o: the City Council of the City of Lodi was held beginning at 8;00 p. m. , Wednesday, May 18, 1977 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATZAKIAN, PINKERTON and KATNICH Abs ---rt: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Co-nmix ity Development Director Schroeder, City Attorney Mullen, and City Clerk Reimche INVOCATION The invocation was given by Assistant Pastor Eric Coulcn, of the First Baptist Church. PLEDGE Mayor Kat;ich led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Ehrhardt, Katzakian second, Council approved the Minutes of April 20, 1977 as written and mailed. Councilman Katzakian then moved that the Minutes of May 4, 1977 be approved as written and mailed. The Councilman Ehrhardt then moved for adoption of Rcsoluti'on No. 4354 to adopt the proposed Conflict of Inte.-est Code for the Planning Commission and Various Departments of the City of Lodi. The motion was seconded by Councilman Katzakian and carried by the fo'low_4^g vote: �e mctier. was seconded by Councilman Pinkerton and carried by unanimous vote. PRESENTATIONS Mayor Kat:ich proclaimed the week of May 16-2.0, '977 as "Medical Assistants Week" and presented the May 16-20, 1977 proclamation to Ms. Bessie T. Edgar. "MEDICAL ASSISTANTS WEEK" 37Notice thereof having been published and posted in CONFLICT OF accordance with law and affidavit of publication being INTEREST CODE on file in the office of the City Clerk, Mayor Katnich FOR PLANNING called for the public hearing to consider the adoption COMM. & of Conflict of Interest Code for the Planning Commis - VARIOUS sic n and the various Department of the City of Lodi. DEPARTMENTS OF THE CITY The matter was introduced by City Attorney Mullen, ADOPTED Mr. Mullen then briefed the Council on the proposed Conflict of Interest Code and answered questions re - RES. NO. 4354 gardirg the subject as were directed by Council. There being no persons in the audience wishing to speak or. the matter, the public portion of the hearing was closed. Councilman Ehrhardt then moved for adoption of Rcsoluti'on No. 4354 to adopt the proposed Conflict of Inte.-est Code for the Planning Commission and Various Departments of the City of Lodi. The motion was seconded by Councilman Katzakian and carried by the fo'low_4^g vote: �e 226 Minutes of May 18, 1977, continued CONFLICT OF Ayes: Councilmen - Ehrhardt, Hughes, INTEREST CODE Katzakian and Katnich RES. NO. 4354 ORD. NO. 1107 (Continued) Noes: Councilmen - Pinkerton Absent: Councilmen - None UNIFORM Notice thereof having been published in accordance MECHANICAL CODE, with law and affidavit of publication being on file in 1976 EDITION the office of the City Clerk, Mayor Katnich called for the public hearing to consider the "Uniform ORD. NO. 1106 Mechanical Code", 1976 Edition. INTRODUCED Community Development Director Schroeder intro- duced the matter and answered questions regarding the subject as were directed by Council. Informa- tion regarding the subject was also presented by City Attorney Mullen. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed by Mayor Katnich. Following Council discussion on the matter, Councilman Ehrhardt moved introduction of Ordi- nance No. 1106 adopting the "Uniform Mechanical Code", 1976 Edition, which Code provides regula- tions controlling the design, construction, installa- tion, quality of materials, location, operation , and maintenance of heating ventilating, comfort cooling, refrigeration systems, incinerators and other heat producing appliances in the City of Lodi, providing for the issuance of permits and collection of fees therefor; providing penalties for the violations there- of; and repealing Sections 13A, 1, 13A.2 and 13A.3 inclusive of the Code of the City of Lodi, and all other ordinances and parts of ordinances in conflict there- with, with statement of findings as stipulated by the City Attorney, The motion was seconded by Councilman Katzakian and carried by the following vote: Ayes: Councilmen - Ehrhardt, Katzakian, Hughes, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None UNIFORM PLUMBING Notice thereof having been published in accordance CODE, 1976 with law and affidavit of publication being on file in EDITION the office of the City Clerk, Mayor Katnich called for the public hearing to consider the "Uniform Plumbing ORD. NO. 1107 Code", 1976 Edition. INTRODUCED The matter was introduced by Community Development Director Schroeder,. who responded to questions on the subject as posed by the Council. There were no persons in the audience wishing to speak either in favor of or in opposition to the matter, and the public portion of the hearing was closed. -2- 22" Ayes: Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Notice thereof having been published in accordance with law and affidavit of publication being on file in UNIFORM BUILDING the office of the City Clerk, Mayor Katnich called CODE, 1976 EDITION for the public hearing to consider the "Uniform Building Code", 1976 Edition and the Secondary Code ORD. NO. 1108 Referred to Therein; namely, the "Uniform Building INTRODUCED Code Standards", 1976 Edition. Community Development Director Schroeder again introduced the matter and answered questions as were directed by Council. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. Councilman Ehrhardt then moved introduction of Ordinance No. 1108 adopting the "Uniform Building Code, " 1976 Edition, and the secondary Code re- ferred to therein, namely, the "Uniform Building Code Standards", 1976 Edition, which Codes regulate the design, construction, quality of materials, use and occupancy, location and maintenance of buildings or structures in the City of Lodi, providing for the issuance of permits and collection of fees therefor, providing penalties for the violations thereof; repeal- ing Sections 5. 1 and 5. Z, inclusive of the Code of the City of Lodi, and all other ordinances and parts of ordinances in conflict therewith and containing a state- ment of findings as stipulated by the City Attorney. The motion was seconded by Councilman Pinkerton and carried by the following vote - Aye s: ote:Ayes: Councilman - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None -3- Minutes of May 18, 1977, continued UNIFORM PLUMBING CODE Councilman Katzakian moved introduction of ORD. NO. 1107 Ordinance No. 1107 adopting the "Uniform INTRO. (Continued) Plumbing Code", 1976 Edition, providing for the establishing of minimum regulations for the in- stallation, alteration or repair of plumbing and drainage systems and the inspection thereof; pro- viding penalties for the violation thereof; and re- pealing Sections 18. 1, 18. Z, 18. 3 and 18. 4, inclusive of the Code of the City of Lodi and all other ordinances and parts of ordinances in conflict therewith with statement of findings as stipulated by City Attorney Mullen. The motion was seconded by Councilman Ehrhardt and carried by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None Notice thereof having been published in accordance with law and affidavit of publication being on file in UNIFORM BUILDING the office of the City Clerk, Mayor Katnich called CODE, 1976 EDITION for the public hearing to consider the "Uniform Building Code", 1976 Edition and the Secondary Code ORD. NO. 1108 Referred to Therein; namely, the "Uniform Building INTRODUCED Code Standards", 1976 Edition. Community Development Director Schroeder again introduced the matter and answered questions as were directed by Council. There were no persons in the audience wishing to speak on the matter, and the public portion of the hearing was closed. Councilman Ehrhardt then moved introduction of Ordinance No. 1108 adopting the "Uniform Building Code, " 1976 Edition, and the secondary Code re- ferred to therein, namely, the "Uniform Building Code Standards", 1976 Edition, which Codes regulate the design, construction, quality of materials, use and occupancy, location and maintenance of buildings or structures in the City of Lodi, providing for the issuance of permits and collection of fees therefor, providing penalties for the violations thereof; repeal- ing Sections 5. 1 and 5. Z, inclusive of the Code of the City of Lodi, and all other ordinances and parts of ordinances in conflict therewith and containing a state- ment of findings as stipulated by the City Attorney. The motion was seconded by Councilman Pinkerton and carried by the following vote - Aye s: ote:Ayes: Councilman - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None -3- 228 Minutes of May 18, 1977, continued PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of May 9, 1977: The Planning Commission - REQUEST TO PRE- 1. Recommended approval of the request of Mr. ZONE TO M-2, Frank A. Nottingham to prezone to M-2, Heavy 51 -ACRE PARCEL Industrial a 51 -acre parcel located between Victor BETWEEN VICTOR Road (State Route 12) and East Pine Street, west RDi & E. PINE ST, of the Central California Traction Company right-of- way . On motion of Councilman Ehrhardt, Hughes second, the matter was set for Public Hearing on July 6, 1977. ITEMS OF INTEREST The Planning Commission also: 1. Recommended approval of action initiated by the San Joaquin County Planning Commission to rezone the area bounded by Rode, May and Acampo Roads on the north; Lower Sacramento Road on the east; Woodbridge Road on the south; and the Mokelumne River on the west from EA -5, Exclusive Agriculture; GA- 1; GA -5 and GA -20, General Agriculture and RA -15, Rural Residential to GA -20 and GA -40 General Agriculture. COMMUNICATIONS City Clerk Reimche presented information regard- ing the following applications before the Public Utilities Commission: APPLICATIONS 1) Applications No. 57124 and 57138 of P. G. &E. BEFORE P.U.C. for authority to increase its natural gas rates to off- set increases in purchased gas adjustment of El Paso Natural Gas Company, and for authority to revise its gas service tariff to offset the effect of increases in the price of gas from El Paso Natural Gas Co. 2) Application No. 57285 of P. G. &E. for authoriza- tion, among other things to increase its rates and charges for gas service 3) Application No. 57228 of P. G. &E. for authoriza- tion, under the Energy Cost Adjustment Clause, to increase its rates and charges for electric service through an energy cost adjustment to offset increases in the cost of energy used to generate electricity. 4) Application No. 57284 of P. G. &E. requesting authorization, among other things, to increase its rates and charges for electric services. PETITION RECD. The City Clerk presented a petition bearing the sig- R.tQUESTING CON- natures of 74 persons which states "We, the under- TINUED ACCESS TO signed, request the City of Lodi to purchase and LODI LAKE PARK develop a five foot wide easement along the south IN AREA OF LAKE- side of Lot 190 in Lakewood Subdivision #4 to continue WOOD SUBDV.#4 to provide the residents the access they have used for the past six years connecting 'our' community with Laurel Avenue, and thereupon access to Lodi Lake Park. This request would not open a new access to the wilder- ness area but would simply continue to keep open one of the long-standing accesses to Lodi Lake Park." -4- C Council discussed at length the Local Public Works LOCAL PUBLIC Capital Development and Investment Act under which WORKS CAPITAL application had been made for funding for a library as DEVELOPMENT & well as other City projects. Questions were directed INVESTMENT ACT to staff regarding the procedure that had been followed in applying for these funds and the present status of the application. Council was apprised that the Library Application (L -CA -0323-0) in the amount of $1, 737, 810 had re- ceived a score in the Round 1 scoring of 76.6235 and placed 1764 in the State Ranking. Additional discussion followed regarding recent legis- lation (H. R. 11, to increase the authorization for the Local Public Works Capital Development and Invest- ment Act of 1976 from $2 billion to $6 billion) and H. R. 4876, the Economic Stimulus Appropriations Act, which includes $4 billion to fund the authorizing legis- lation) which had been signed into law by President Carter on May 13, 1977. UPDATE ON FPC Councilman Hughes updated the Council on the delays DELAY IN RATE that have been encountered regarding F. P.C. ratifica- CASES tion of the settlement agreement pertaining to pending rate cases with P. G. &E. REPORTS OF THE CI'T'Y MANAGER CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Katzakian second, were approved by Council: -"r'��'fi-F#�h#yF,F#�*k##�*k�kkX<>kk#�mT, ,'--�c##,��;-,k;=MT#; ,•�•m•;;�::<��:T •T;-�T; T:; ��T=�#�a4•TT�##kk� -5- Minutes of May 18, 1977, continued PETITION RECD. RE ACCESS TO LODI Following discussion on the matter with questions LAKE PARK being directed to Staff, on motion of Councilman (Continued) Hughes, Katzakian second, Staff was directed to - correspond with Mr. Robert Postier requesting a meeting concerning the matter. RESOLUTION REC'D The City Clerk presented a resolution received OPPOSING SB 42 from the City and County Board of Supervisors, San i , t Francisco, expressing opposition to SB 42, the - Determinate Sentencing Act of 1976, as drafted, and urging immediate emergency amendments. Dis- cussion followed with no action being taken by the Council on the matter. INFORMATION The City Clerk presented a resolution which had SOUGHT ON AB 965 been received from the City of Duarte supporting AB 965 - Youth and Family Projects and urging support necessary for the passage of this legislation. Following Council discussion on the subject, the City Clerk was directed to correspond with Mr. William Jones, Chief Probation Officer, San Joaquin County Probation Department requesting information and opinions relative to this bill. ABC LICENSE City Clerk Reimche presented Application for Alcoholic Beverage License for William Valencia dba Valencia Restaurant, 43 N. Sacramento Street, Lodi - "On Sale Beer and lVine Eating Place" -New License. Council discussed at length the Local Public Works LOCAL PUBLIC Capital Development and Investment Act under which WORKS CAPITAL application had been made for funding for a library as DEVELOPMENT & well as other City projects. Questions were directed INVESTMENT ACT to staff regarding the procedure that had been followed in applying for these funds and the present status of the application. Council was apprised that the Library Application (L -CA -0323-0) in the amount of $1, 737, 810 had re- ceived a score in the Round 1 scoring of 76.6235 and placed 1764 in the State Ranking. Additional discussion followed regarding recent legis- lation (H. R. 11, to increase the authorization for the Local Public Works Capital Development and Invest- ment Act of 1976 from $2 billion to $6 billion) and H. R. 4876, the Economic Stimulus Appropriations Act, which includes $4 billion to fund the authorizing legis- lation) which had been signed into law by President Carter on May 13, 1977. UPDATE ON FPC Councilman Hughes updated the Council on the delays DELAY IN RATE that have been encountered regarding F. P.C. ratifica- CASES tion of the settlement agreement pertaining to pending rate cases with P. G. &E. REPORTS OF THE CI'T'Y MANAGER CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Katzakian second, were approved by Council: -"r'��'fi-F#�h#yF,F#�*k##�*k�kkX<>kk#�mT, ,'--�c##,��;-,k;=MT#; ,•�•m•;;�::<��:T •T;-�T; T:; ��T=�#�a4•TT�##kk� -5- 230 Minutes of May 18, 1977, continued CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1,315,814.22. 2156 STREET Council was apprised that every four years a report REPORT is made to the Califcrria Legislature detailing the _ progress made on city streets and county roads and which provides an estimate of future needs on these systems. Section 2156 of the Streets and Highways Code requires that each city and county transmit to the California Department of Transportation a report containing the data that may be necessary to detail progress and needs for its road or street system. A copy of the report was presented for Council's perusal pursuant to requirements of the California Department of Transportation, WITHDRAWING Report of the City Manager reflected that pursuant to "GEWEKE NO. 3" the California Health and Safety Code Section 13952 ADDITION FROM "the legislative body of the City may within one year WOODBRIDGE RURAL after the annexation proceedings are complete provide FIRE PROTECTION by resolution that such territory shall be withdrawn DISTRICT from the rural fire protection district. RES. NO. 4355 RESOLUTION NO. 4355 - WITHDRAWING CERTAIN PROPERTY DESIGNATED AS "GEWEKE NO. 3 ADDITION" FROM THE WOODBRIDGE RURAL FIRE PROTECTION DISTRICT. EXECUTIVE The City Council then recessed to Executive Session SESSION at approximately 8:50 p.m. Upon request, the City Clerk was excused from attending the Executive Session by Mayor Katr_ich. The City Council recon- vened from Executive Session at approximately 9:17 p. M. A presentation regarding the proposed Air Quality Maintenance Plan was made by Mr. Val Alexuff, MEMORANDUM OF Planner for the County of San Joaquin. Mr. Alexuff UNDERSTANDING apprised the Council that or. March 8, 1977, the Board FOR PREPARATION of Supervisors adopted the organization plan for the & ADOPTION OF AIR Phase II Air Quality Maintenance Plan (AQMP) which QUALITY MAINTE- established Technical, Advisory and Policy units. NANCE PLAN Additionally, the Board directed that a Memorandum of ADOPTED Understanding among the various agencies and jurisdic- tions which will participate in the planning process be RES. NO. 4356 prepared. The Memorandum of Understanding was highlighted by Mr. Alexuff, who then responded to questions regarding the subject as were directed by Council. Following Council discussion, Council, on motion of Councilman Katzakian, Ehrhardt second adopted Resolution No. 4356 approving the Memorandum of Understanding for the preparation and adoption of an Air Quality Maintenance Plan. AMENDMENT TO Following introduction of the matter by City Manager P�E.R.S. CONTRACT Glaves and Assistant City Manager Glenn, Councilman APPRVD. Hughes introduced Ordinance No. 1109 authorizing an amendment to the Cont=act between the City of Lodi and ORD. NO. 1109 the Board of AdmL-istratiom cf the California Public INTRODUCED Employees' Retirement System, The motion was seconded by Councilman. Ehrhardt and carried by the following vote: -6- 23J Minutes of May 18, 1977, continued PERS CONTRACT ORD, NO. 1109 Ayes: Councilmen - Ehrhardt, Hughes, (Continued) Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None COUNCIL On motion of Councilman Ehrhardt, Katzakian AUf14ORIZES second, the City Manager was then authorized to CONTRACT WITH enter into a contract with the Standard Insurance STANDARD INS. Company of Oregon for the following coverage: CO,& OR OREGON FOR SPECIFIED For Miscellaneous Employees COVERAGE Long Term Disability Insurance and $8, 000 Term Life Insurance . For Mid -Management Employees Additional $ 15, 000 Term Life Insurance . For Management Employees Additional 1. 5 times annual salary rounded to nearest $1, 000 Term Life Insurance. AUDITORS RETAINED Following introduction of the matter by City FOR 1976-77 AUDIT Manager Glaves, Council, on motion of Councilman ;'. Pinkerton, Katzakian second, authorized retaining the firm of Ernst and Ernst to conduct the 1976-77 audit for the City of Lodi at a fee not to exceed $8,000.00. Following discussion on the matter, Staff was directed to present a report to Council on the manner with which the points which had been raised by Ernst and Ernst in the "Management Letter" covering the 1975-76 audit have been dealt with. TRANSFER FROM Council was apprised by City Manager Glaves that ANTI -RECESSION on July 26, 1976 Congress enacted legislation desig- FUNDS AUTHORIZED nated to help prevent local governments from taking budget cutting actions which would result in increasing unemployment. The City has received thus far $79, 694 which has been placed in a separate fund. Council has previously authorized expenditures of $40, 7 18 leaving a balance of $38, 976. This year the City has experienced very unexpected increases in the cost of insurance and in the cost of electricity. City Manager Glaves stated that it is proper use of those funds to spend them for these purposes and recommended that transfers from the anti- recession fund be made to the following accounts: 10-503. 10 Street Lights $11,000 10-351. 1 Building Maintenance $ 3,585 10-020.2 Insurance PL & PD $24, 391 $38, 976 On motion of Councilman. Ehrhardt, Katzakian second, Council authorized the transfer from Anti -recession Funds as recommended by the City Manager and here- tofore set forth. -7- 232 Minutes of May 18, 1977, continued PURCHASE: OF HURST Following introduction of the matter by City POWER TOOL Manager Glaves, CouncH on motion of Councilman AUTHORIZED Ehrhardt, Katzakian second authorized the purchase of a Hurst Power Tool (Jaws of Life), spare parts kit, sales tax, training and ten air bottles at a total cost of $6, 943. 00. PUBLIC HEARING SET Council was advised that mss- February 7, 1973 the FOR PROPOSED DOWN- City Council adopted the Downtown Underground TOWN UTILITY DIST. Utility Master Plan encompassing the area bounded IV by Lodi Avenue, Locust Street, Church Street and Sacramento Street. Ircluded in the adoption of that RES. NO, 4357 master plan was phasing to accomplish the under - grounding of the master pian over a 5 -year period. Districts 1, 2 and 3 have already been completed. Underground Utility District 4 will include the area bounded by Pine Street on the south, Elm Street on the north, Church Street cn the west and Sacramento Street on the east. This district was originally planned for completion in 1,377 but was postponed for one year due to financial considerations. On motion of Councilman Katzakian, Ehrhardt second, Council adopted Resolution No. 4357 setting for public hearing July 6, 1977 the conversion of Downtown Utility District IV from 4-kv overhead to 12 kv underground - Elm/Pine - Sacramento Street to Church Street. MEETING TO BE HELD Council concurred that a Special Meeting of the RE TRANSPORTATION Council should he held Wednesday, June 8, 1977 at 8.00 PLAN p.m. for receipt of the. Transportation Plan Alternatives and final recommendation from the Transportation Planning Project Review Comm-^ee. HIGHWAY 12 ASSN. Councilman Ehrhardt_ adv -sed rhe Council that a meeting TO MEET IN LODI of the Highway 12 Associaticn will be held May 19, 1977 at the El Charro Restaurant in Lodi, ADJOURNMENT There being no further business to come before the Council, Mayor Katnich adjourned the meeting at approxi- mately 10.25 p.m. y lfl' 'ra 11rL4it Y� Attest: ALICE M. REIMCHE -R- City Clerk A lengthy discussion was held by the City Council regarding possible City participation in the construc- tion and maintenance of a 50 -meter pool at the new Tokay High School. 50 METER POOL Parks and Recreation Director Ed De Benedetti NEW TOKAY HIGH was in the audience and responded to questions re - SCHOOL garding the matter as were directed by the Council. Following discussion, Council directed City Manager Glave s to make a de ce rmination of what the Lodi Unified School District w•culd expect of the City should the school district elect to build a 50 -meter pool at the new Tokay High Schocl site. QUESTION POSED Following introduction of the subject by Councilman RE SECTION 27-19(c) Katzakian, Mayor Katnich requested the City Attorney OF CITY CODE to check to see if the provisions set forth in Section 27-.9(e)of the City- Code of the City of Lodi entitled "Protest" requiring a 4/5ihs approving vote of the entire Council for passage is common practice throughout the State. MEETING TO BE HELD Council concurred that a Special Meeting of the RE TRANSPORTATION Council should he held Wednesday, June 8, 1977 at 8.00 PLAN p.m. for receipt of the. Transportation Plan Alternatives and final recommendation from the Transportation Planning Project Review Comm-^ee. HIGHWAY 12 ASSN. Councilman Ehrhardt_ adv -sed rhe Council that a meeting TO MEET IN LODI of the Highway 12 Associaticn will be held May 19, 1977 at the El Charro Restaurant in Lodi, ADJOURNMENT There being no further business to come before the Council, Mayor Katnich adjourned the meeting at approxi- mately 10.25 p.m. y lfl' 'ra 11rL4it Y� Attest: ALICE M. REIMCHE -R- City Clerk