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HomeMy WebLinkAboutMinutes - June 1, 19772� CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JUNE 1, 1977 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. , Wednesday, June 1, 1977 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katrich (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assis- tant 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 James Holm, Vinewood Community Church. PLEDGE Mayor Katnich led the Pledge of Allegiance to the flag. PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of May 23, 1977: The Planning Commission - 1. Certified as adequate and recommended to the City Council the Final Environmental Im- pact Report for Beckman Park, a proposed 140. 34 acre Planning Development bounded by West Kettleman Lane on the north; South Hutchins Street on the east; 'West Century Boulevard on the south; and the Woodbridge Irrigation District Canal on the west. EIR FOR BECKMAN On motion of Councilman Pinkerton, Hughes PARK second, Council set the matter for public hear- ing on July 6, 1977. The Planning Commission also - BECKMAN PARK 2. Recommended that the portions designated REZONE FROM for residential purposes on the development R- 1 TO P -D(15) plan for Beckman Park be rezoned from R- 1, Single -Family Residential to P -D(15), Planned Development District No. 15 with the following conditions: -I- 234 Minutes of June 1, 1977, continued BECKMAN PARK a. that the single-family areas westerly of REZONE(Contd.) South Ham Lane conform to the zoning re- quirements of Zoning Ordinance Section 27-5, R-1 Single -Family Residential; b. that the single-family areas easterly of South Ham Lane conform to the Zoning re- quirements of Zoning Ordinance Section 27-6; R-2, Single -Family Residential. c. that the areas designated for multiple family purposes be limited to 20 units per acre and conform to Zoning Ordinance Section 27-7, Garden Apartment Residential District; and d. that the areas designated for condominium purposes be limited to 10 units per acre and conform to Zoning Section 27-7, Garden Apartment Residential District. On motion of Councilman Pinkerton, Hughes second, the matter was set for public hearing on July 6, 1977. ITEMS OF INTEREST The Planning Commission also - 1. Denied General Plan Amendment X77-2 which proposed changes to the Land Use Ele- ment by establishing 28. 12 acres of commer- cial use at the southwest corner of West Kettleman Lane and South Hutchins Street and 12 acres of commercial -professional use on the south side of West Kettleman Lane east and west of South Ham Lane. 2. Approved the request of Mr. James A. Brooks for a Variance "to permit the extension of a use for not more than 50 feet into a more restrictive district where the boundary line thereof divides a 'lot of record' " to permit the relocation of an existing cocktail lounge oper- ated in conjunction with a restaurant from a C-2, General Commercial area to a C-1, Neighbor- hood Commercial area at 621 North Cherokee Lane. COMMUNICATIONS COUNCIL RECEIVES City Clerk Reimche announced that copies of the COPIES OF BECKMAN Final Environmental Impact Report on Beckman PARK EIR Park Planned Development had been presented to the Council at the onset of the Council meet- ing to allow sufficient time for study and evalua- tion of the report by the Council prior to the public hearing on the matter. OPPOSITION RECD. City Clerk Reimche apprised the Council that a RE BECKMAN letter had been received from Vince Campodonico, PROPERTY PLANNED 1336 S. Crescent Avenue opposing the planfied DEVELOPMENT development on the Beckman property at Highway 12 and Hutchins Street. SPAS 235 Minutes of June 1, 1977, continued APPLICATION Council was informed that a Notice of BEFORE PUC Hearing regarding application No. 57228 has been received. This is an application of P. G. &E. for authority tc increase its electric rates and charges in accordance with the Energy Cost Adjustment Clause included in its Electric Tariff. The matter has been set for hearing Thursday, June 9, 1977 at 10:00 a.m. in the Commission Courtroom, State Building, 350 McAllister Street, San Francisco, Ca. APPEAL RECD. RE The City Clerk presented a letter which had PLANNING COMM. been received from Ronald B. Thomas of ACTION RE BECKMAN Aladdin Real Estate, Inc. appealing the actions PARK SUBDV. of the Planning Commission at its meeting of May 23, 1977 regarding Beckman Park Subdi- vision (P -D 15). On motion of Councilman Ehrhardt, Pinkerton second, the matter was set for public hearing on July 6, 1977. UPDATE ON FPC Councilman Hughes advised the Council that DELAY IN RATE delays are still being encountered regarding CASES F. P. C. ratification of the settlement agreement pertaining to pending rate cases with P. G. &E. CITIZEN EXPRESSES Following introduction of the matter by Council - CONCERN RE man Hughes, the City Clerk was directed to STOCKTON & TOKAY correspond with Ms. Phyllis T. Harvey whose INTERSECTION letter appeared in the "Letters to the Editor", Lodi News Sentinel, June 1, 1977 expressing her concerns regarding traffic conditions at Tokay and Stockton Streets. Council was apprised that this location is included in the OTS Identification and Surveillance of Accident Location Study pre- sently being done by George S. Nolte and Assoc- iates from San Jose. APPRECIATION Mayor Katnich apprised the Council that Father EXTENDED TO O'Grady had extended his appreciation for the CITIZENS kind reception he had received from the citizens while in Lodi and the fact that he will be moving to Turlock shortly. REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with the report and recommenda- tion of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Ehrhardt second, were approved by Council. i� >f i= �'F �=F i� �= '3-' �'F a=# $ # r },e i<*i # '�` i� # # �`r a' -'-''i, # i� # � T't'K:�: #'i' i• i= � #''r'`r ��= i r * i= � i= �=�'k i:'F'F'K �� �'r >'F i>f i ik m CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $422,762.37. -3- Minutes of June 1, 1977, continued "NO PARKING" ZONE Council was apprised that the Manager of ON VICTOR ROAD Farm Industrial Supplies had requested that WEST OF CLUFF AVE. parking be prohibited in an area on Victor Road west of Cluff Avenue to improve visi- RES. NO. 4358 bility for drivers exiting from FISCO onto Victor Road. It was Staff's recommendation that this request be granted. RESOLUTION NO. 4358 ESTABLISHING "NO PARKING" ZONE ON VICTOR ROAD WEST OF CLUFF AVENUE. "NO PARKING" ZONE City Manager Glaves advised the Council that ON SCHOOL ST. the City has just completed a curb and gutter SOUTH OF WALNUT replacement project, and the owners of the STREET Cottage Bakery property have constructed a ROAD new and wider commercial driveway on this RES. NO. 4359 section of School Street. In conjunction with URGENCY ORD, this project, it is necessary to eliminate one NO. 1110 ADOPTED substandard length parking stall north of the driveway and to relocate the parking meters and stalls to the south. RESOLUTION NO. 4359 ESTABLISHING "NO PARKING" ZONE ON SCHOOL STREET SOUTH OF WALNUT STREET. AGENDA ITEM WITH COUNCIL'S CONCURRENCE, AGENDA REMOVED FROM ITEM "d" - "ACCEPTANCE OF WESTDALE AGENDA BASIN FENCE - TOKAY STREET AND W.I.D. CANAL" WAS REMOVED FROM THE AGENDA. Following introduction of the matter by City OFFSITE Manager Glaves and City Attorney Mullen, IMPROVEMENTS AT Council, on motion of Councilman Katzakian, 351 N. BECKMAN Ehrhardt second, directed Mr. Richard J. ROAD Thorpe to install storm drainage improvements at 351 N. Beckman Road; approved deferring the URGENCY ORD, installation of curb, gutter and sidewalk im- NO. 1110 ADOPTED provements at that location which are to be com- pleted at a later date under the 1911 Act; and directed that an Agreement be drawn up between the City of Lodi and Mr. Thorpe covering the conditions of the Council's actions in this matter. A presentation regarding a proposed Revenue SEWER REVENUE Program for the City of Lodi Sewer Utility was PROGRAM presented by Dave Requa, Resident Engineer for Trotter -Yoder and Associates. Mr. Requa RES. NO. 4360 apprised the Council that in accepting state and federal funds to finance a portion of the expansion URGENCY ORD, of the White Slough Water Pollution Control NO. 1110 ADOPTED Facilities, the City of Lodi agreed to comply with Clean Water Grant Program regulations which, in part, require the implementation of a revenue pro- gram. The purpose of the revenue program is to insure compliance with state and federal require- ments while providing the City of Lodi with a sound financial plan for the continued operation of waste- water facilities. -4- 234 Minutes of Jure 1, 1977, continued SEWER REVENUE PROGRAM Separate industrial and domestic wastewater (Continued) treatment facilities are owned and operated by the City. Only the domestic _`acility has been constructed with funds from the Clean Water Grant Program; thus, the raising of revenues for the operation of industrial facilities is not subject to state and federal requirements; however, in the interest of uniform financial planning, the document en- titled "Revenue Program for City of Lodi Sewer Utility", which had been presented for Council's perusal, covered the needs of both facilitie s. Council was further apprised that the Clean Water Grant regulations require that the City of Lodi implement a revenue program which will, through user service charges, connection fees, or other means approved by the state, recover appropriate capital costs, costs of operation and maintenance, and fund reasonable future expan- sion and improvement as needed, A program was then presented which consisted of two por- tions covering revenue requirements and sources of revenue; namely, to maintain a consistent fis- cal policy and to insure a self-sustaining pay-as- you-go wastewater program, revenue needs and sources for both the industrial and domestic systems are satisfied in a similar manner. Council was further apprised that State and federal guidelines separate revenue requirements into three specific areas as follows: 1. Provide financing for an adequate operation and maintenance program, including the employ- ment of competent operating personnel. 2. Fund interest payments on debts attributable to construction of wastewater facilities. 3. Provide amounts required to be deposited in a Wastewater Capital Reserve Fund. Sources of revenue including proposed sewer charges and connection fees were then discussed. A lengthy discussion followed regarding Mr. Requa's presentation and the documentation pro- vided the Council on the subject. On motion of Councilman Katzakian, Ehrhardt second, Council adopted Resolution No. 4360 approving the "Revenue Program for City of Lodi Sewer Utility" as presented to Council. Councilman Katzakian.then moved adoption of Urgency Ordinance No. 11:0, "An Ordinance Amending Certain Sections of Lodi City Code, Chapter 20 re Sewer charges and connection fees". The motion was seconded by Councilman Ehrhardt and carried by the following vote., -5- 238 Minutes of June 1, 1977, continued SEWER REVENUE Ayes: Councilmen - Ehrhardt, Hughes, PROGRAM Katzakian, Pinkerton (Continued) and Katnich ORD. NO. 1110 Noes: Councilmen - None ADOPTED(Contd. ) Interest Code for Trustees and Employees of FOR TRUSTEES & Absent: Councilmen - None SB 325 CLAIM A proposed resolution approving the revised APPROVED 1975-76, the revised 1976-77 and the new LIBRARY 1977-78 claims for the Transportation Devel- RES. NO. 4361 opment Act funds (SB 325) was presented for SET FOR CONSID- Council's approval. It w•as explained that in ERATION OF adopting the resolution, the City Council will be MODIFICATION OF authorizing the use of SB 325 funds on any or all UNIFORM FIRE of the projects listed. The 1975-76 and 1976-77 CODE- 1976 claims have been revised to include those pro- EDITION jects which SB 325 funds were or are going to be expended on. The 1977-78 claim includes all of those street projects which are being contem- plated for construction next fiscal year. If all of the projects are approved for SB 325 funding, the City has greater flexibility when the actual funding for the 1977-78 Capital Improvement Program is finalized. In approving the 1977-78 claim, it does not mean that all of the projects listed will be constructed, it only means that if the project is approved as part of the Capital Improvement Program, it can be funded with SB 325 funds. On motion of Councilman Katzakian, Ehrhardt second, Council adopted Resolution No. 4361 approving revised 1975-76, revised 1976-77 and new 1977-78 claims for Transportation Development Act funds (SB 325). CONFLICT OF Following receipt of the proposed Conflict of INTEREST CODE Interest Code for Trustees and Employees of FOR TRUSTEES & the Lodi Public Library, the matter was set for EMPLOYEES OF THE public hearing on July 6, 19797 on motion of LODI PUBLIC Councilman Katzakian, Ehrhardt second. LIBRARY PUBLIC HEARING City Manager Glaves apprised the Council SET FOR CONSID- that the Fire Chief has requested that the ERATION OF Uniform Fire Code be updated to bring it in line MODIFICATION OF with other codes. On motion of Councilman UNIFORM FIRE Ehrhardt, Katzakian second, Council set the CODE- 1976 consideration for modification of the Uniform EDITION Fire Code - 1976 Edition for Public Hearing on July 6, 1977. 50 METER POOL AT Prior to introduction of Agenda Item "K" - NEW TOKAY HIGH "Tokay Swimming Pool", Mayor Katnich indicated SCHOOL SITE his desire to abstain from discussion and voting on the matter, turned the meeting over to Mayor Pro Tempore Pinkerton, and vacated his seat at the Council table. -6- 239 Minutes of June 1, 1977, continued 50 METER POOL Lengthy discussion followed on the subject (Continued) of City participation in the construction and maintenance of a 50 meter pool at the new Tokay High School site, with questions regarding the matter being directed to staff. Councilman Hughes stated that he felt that the natural gas costs for heating such a pool should be looked into and that he would appreciate re- ceiving information on the subject. Following additional discussion Councilman Katzakian then moved that a) The City contribute $150,000 toward the construction of a 50 meter swimming pool on the campus of the new Tokay High School. This sum to be paid in six annual installments of $25, 000, no interest to be involved. b) The City will share 5070 of the normal annual maintenance expense to include heating, chemi- cals and a maintenance worker. c) The City is willing to participate in the estab- lishment of a fund designed to provide for future maintenance and repairs in the amount of $2600.00 per year. The motion was seconded by Councilman Ehrhardt and carried by the following vote: Ayes: Councilmen - Ehrhardt, Hughes,Katzakian, and Pinke rton Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Katnich RECESS Mayor Katnich then returned to his seat at the Council table and declared a five-minute recess. Council reconvened at 10:15 p.m. COMMERCIAL Information concerning the following types of WATER USE commercial use of water within the City of Lodi was presented to the City Council by Public Works Director Ronsko: a) Once -through, Water-cooled Refrigeration Units b) Car Wash Installations (1) Tunnel Type (2) Coin Ope rated c) Pools without filtering systems d) Private Wells -7- 240 Minutes of June 1, 1977, continued COMMERCIAL WATER USE (Continued) Mr. Ronsko apprised the Council that it is ver y difficult to obtain=ompletely accurate information because of the lack of adequate records and manpower. Mr. Ronsko's report concluded with the state- ment that "at the present time most State and Federal aid is set up to help the agricultural users and water districts. There are special provisions for businesses that lose revenue because of the drought such as ranches and recreational areas. The only available source of funds for a Lodi business that wants to install a more efficient water using system would be through a Small Business Administration Loan or other normal financing method. " Council discussion followed with questions regarding the subject being directed to Staff. On motion of Councilman Hughes, Ehrhardt second, Council identified task regarding com- mercial water use as set forth in letter of May 17, 1977 addressed to the City Manager from Public Works Director Ronsko and directed that the feasibility of using C.E.T.A, funds be studied for manpower requirements to implement the project. A report regarding projects presently being developed by N. C. P. A. for supplemental power, namely; a) Shell Agreement, b) Calaveras Project, was presented to the Council by Council- man Hughes. REPORT ON NCPA Copies of agreements entitled "Geothermal Steam SUPPLEMENTAL Sales Agreement" and "Member Agreement for POWER PROJECTS Construction, Operation and Financing of NCPA Geothermal Generating Unit #2 Proiect" were pre- sented for Council's perusal. Council discussion followed with questions regard- ing the report being directed to Coancilman Hughes. No action was taken by the Ccuz:ul on the matter. 1977-78 BUDGET The recommended 1977-78 Budget was presented to the City Council. A brief review of the proposed budget was presented by Assistant City Manager Glenn. The City Council was apprised that the pro- posed Operating Budget totals $16, 010, 350, which is an increase of $3,631,830 over the 1976-77 budget, an increase of 29.3%. Questions regarding the budget were posed by Council. Following discussion, on motion of Councilman Pinkerton, Katzakian second, the con- sideration of the proposed 1977-78 Budget of the City of Lodi, including proposed Capital items, was set for public hearing on June 15, 1977 at 8:00 p. m. -8- 241 Minutes of June 1, 1977, continued SAN JOAQUIN COUNTY Council was apprised that on May 25, 1977, SOLID WASTE Mayor Katn_ch, the City Manager, and Public MANAGEMENT PLAN Works Director had attended a meeting at the County offices to review with the representatives from other cities and the County, the recommen- dation of the Solid Waste Technical Advisory Committee. Their recommendation covered the direction which the cities and the County should take with respect to developing a revised Regional Solid Waste Management Plan that would be acceptable to all municipal agencies within the County. The following policy decisions were agreed upon by the elected officials attending this meeting, and it was their recommendation that these items be taken back to their political bodies for ratifica- tion which would be in the form of a resolution: 1. Recommend hiring a consultant to develop a Regional Solid Waste Management Plan which would be acceptable to all municipal agencies in the County and the State Solid Waste Management Board; 2. Recommend that the funding of the consultant would be proportioned between all agencies based on population using the 1975 census; 3. Recommend County to be the lead agency with respect to hiring and supervising the consultant; 4. Recommend that a policy body be developed con- sisting of one member of each City Council and one member of the Board of Supervisors. This policy would participate in the consultant selection and would act and give direction on the management plan preparation. Each member of this policy body should receive authorization from their pol- itical body to vote on the consultant selection and items during the plan preparation phase. 5. That a Technical Advisory Committee made up of one member of each agency staff plus members from private firms continue to make technical recommendations to the policy body. RES. NO. 4362 Following discussion, on motion of Councilman Katzakian, Pinkerton second, Council adopted Resolution No. 4362 confirming recommendations as set forth by the policy body regarding the San Joaquin County Solid Waste Management Plan, which recommendations have been heretofore set forth. ORDINANCES Ordinance No. 1106 entitled ''An Ordinance adopting UNIFORM MECHANICAL the 'Uniform Mechanical Code', 1976 Edition, CODE 1976 EDITION which Code provides regulations controlling the design, construction, installation, quality of mater - ORD. NO. 1106 ials, location, operation, and maintenance of heating ADOPTED ventilating, comfort cooling, refrigeration systems , incinerators and other heat producing appliances in the City of Lodi, providing for the issuance of per- mits and collection of fees therefor; providing -9- u 42 Minutes C-` 7u..e i, 1�7 , con' nued ORD. NO. 1106 ADOPTED (Contd.) penalt_e_ ___ tr_t� ,_olaricns -hereof; and repealing Section_ i,A-2,inclusive.3A-?, and .3A-_ inclusive of the Code c, -he C_-%• E . cd4 an,! all other ordi- nances and parts ._r _rd.-.a^c .s .__ confsi& there - w th" ha-;eng be__. n:rodu•�ed a- a regular meeting of the Lodi. Ciw Cc.:_zcii re=? Mal: 18, 1977 was broughtp g up c_- assn e _ _n:.Cr cf Councilman Pinkerton, Katzakian :ecC.d. Second reading was omitted atter read-*..-- t---; ti.:c and she Ordinance was then passed, adopted and ordered tc print, by the following -: ote' Ayes: Councilmen. - Eh-hardt, Hughes, Katzakian, P_nke_to . and Katnich Noe s ; C ounz:-Umen No ne Absent; Councilmen - Ncre "UNIFORM PLUMBING Ordinance No. 1107, ent_tied 'An Ordinance CODE", 1976 EDITION adopting the 'Uniform Plumbing Code', 1976 Edition, providing for the e=stablishing c: minimum regula- ORD. NO. 1107 tions for the il,*talla.t40:1, aireraticn or repair of ADOPTED plumbing and drainage sv stems and the inspection thereof; prcvidi ng penal:_es t„r the violation thereof; and repeal-'ag Sections 18- i, 18-2, 18-3 and 18-4 inciusi-.e of the Code cf the C:tv of Lodi and all other ordinances and parts ci ordinances in conflict therewith" having been i.ntroduced at a regular meeting of the. Lcd: City Ccu ncil held May 18, 1977 was brought up fcr passage or. motion of Councilman Pinkerton, Ehrrard: second. Second reading was omitted after read:.:g by ti.tie and the Ordinance was they, passed, ado -p -ed and ordered to print by the following vete: Ayes: Comac.1men - Ehrhardt, Hughes, Katzakian, Pinkerccr. and Katnich Noes: Cc:a _.iimaa - Mone Absent: Councilmen - Nene "UNIFORM BUILDING Ordinance No. 1:03 er_ti>_ied "An Ordinance adopting CODE" 1976 EDITION the 'Ur_iform B-4 'ding Co,'e', 1976 Edition, and the secondary cede reierred co therein, namely the ORD. NO. 1108 'Uniform B L—_U_-1g Code Standards', 1976 Edition, ADOPTED which Codes regulate the design, construction, quality cf materials, use and occupancy, location and maintenance cf Uai-dings cr structures in the City cf Ledi, p:ev':?i:.g for the issuance of permits and ce'_1_ectcn of tee- cherErQ , providing penalties for the 'riela=i^ .s `.hereof' repealing Sections 5.1 and 5.2. inclus -%e of. tr.a C::de of the City of Lodi, and all other ordi.n.a,r,�es and parts c` crd'_nances in conflict therewith'', ha-,-ing Meer introdu,-ed at a regular meet- ing of _he Lc -(ii. Ci_y Con^c i held. May 18, 1977 was brought up.'_,: pas save ...- niotio cf Councilman Katzakian, Piakerto. sea:cnd. Second reading was omitted after reading br .rue and the ordinance was then passed, adopted, a: d ordered to print by the following vote, - 10- Minutes of June 1, 1977, continued ORD. NO. 110SADOPTED Ayes: Councilmen - Ehrhardt, Hughes, (Continued) Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None P.E. R.S. CONTRACT Ordinance No. 1109 entitled "An Ordinance AMENDED authorizing an amendment to the Contract between the City of Lodi and the Board of ORD. NO. 1109 Administration of the California Public Employees' ADOPTED Retirement System" having been introduced at a regular meeting of the Lodi City Council held May 18, 1977 was brought up for passage on motion of Councilman Ehrhardt, Katzakian 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 - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None ADJOURNMENT There being no further business to be brought before the Council, the meeting was adjourned to June 8, 1977 at 8:00 p. m. by Mayor Katnich, at approxi- mately 11:15 p.m,. on motion of Councilman Ehrhardt, Katzakian second. Attest: ALICE M. REIMCHE City Clerk NBE