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Home My WebLink AboutMinutes - January 7, 19760 1 E� CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS JANUARY 7, I976 A regular meeting of the City Council of the City of Lodi was held beginning at,9:0.0,p, m, on Wednesday, January 7, 1976 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, HUGHES, KATNICH, PINKERTON, and SCHAFFER (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, City Attorney Mullen, Community Devel- opment Director Schroeder, Public Works Director Ronsko, and City Clerk Reimche INVOCATION The invocation was given by Reverend Walter Baumgartner, Zion Reformed Church. PLEDGE Mayor Schaffer led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Katnich, Ehrhardt second, the minutes of December 10, 1975 were approved as written and mailed. Councilman Pinkerton moved that the min- utes of December 17, 1975 be approved as amended - page 8, paragraph 1, following the words, "Community Hospital, whereby" to be amended to read - "the City would permit annexation and development of an area of approximately 300 feet south of Vine Street containing approximately 11 acres plus an additional 5 -acre area for a drainage basin, which would have the capacity to serve all of the undrained areas north of Vine Street to Tokay Street at no cost to the City". The motion was seconded by Councilman Ehrhardt and carried. PUBLIC HEARINGS ADOPTION OF Notice thereof having been published in NATIONAL accordance with law and affidavit of publica- ELECTRICAL CODE, tion being on file in the office of the City Clerk, 1975 EDITION Mayor Schaffer called for the Public Hearing to consider the adoption of the provisions set ORD. NO. 1070 forth in the "National Electrical Code", 1975 INTRODUCED Edition. -I- 32' Minutes of January 7, 1976, continued r Chief Building Inspector J. Paul McClure addressed the Council encouraging adop- tion of the "National Electrical Code, 1975 Edition, and cited changes appearing in this new and latest edition. Council was apprised that the 1975 Edition of the "National Electrical Code" is the most de- tailed and comprehensive revision in the history of the Electrical Code and that it contains dozens of radically new regulations and changes covering the widest range of every -day electrical details involved in basic wiring of all buildings. Questions re- garding this Code were directed to Mr. McClure by the Council. There being no other persons in the audience wishing to speak either in favor of or in opposition to the proposed adoption of the provisions set forth in the "National Elec- trical Code, " 1975 Edition, the public por- tion of the hearing was closed. Following discussion, Councilman Katnich moved introduction of Ordinance No. 1070 - "An Ordinance Adopting the 'National Elec- trical Code, ' 1975 Edition, which Code regulates the installation, alteration, or addition of electrical wiring, devices, appli- ances, or equipment in the City of Lodi; and repealing Sections 9-1 and 9- 16 of the Code of the City of Lodi, and all other ordinances and parts of ordinances in conflict therewith". The motion was seconded by Councilman Ehrhardt and carried. Notice thereof having been published in accor- dance with law and affidavit of publication be- ing on file in the office of the City Clerk, the Mayor called for the public hearing on Mr. George Ferrero's (Ferrero -Heath Realtors) appeal of the Planning Commission's decision in denying his request for a variance to increase the allowable sign area from 8 -square feet to 32 -square feet at 310 West Pine Street, Lodi in an area zoned C -P, Commercial Professional. Planning Director Schroeder introduced the matter and presented a diagram of the variance requested. The City Clerk presented letters received from the following persons supporting the appeal: Mr. and Mrs. Jack Labes, 306 W. Pine St. , Lodi H. A. Renschler, 314 W. Pine St. , Lodi Gene G. Walton, 318 W. Pine St., Lodi Mike Ramsey, Newman & Ramsey, 402 W. Pine St., Lodi 2 Minutes of January 7, 1976, continued G. FERRERO Mr. George Ferrero, 310 W. Pine Street, APPEAL RE Lodi spoke on behalf of his appeal. VARIANCE TO INCREASE ALLOW- Also speaking on behalf of the appeal was ABLE SIGN AREA Mr. Ron Heath, Ferrero -Heath Realtors, IN C -P ZONE 310 W. Pine Street, Lodi. DENIED y There being no other persons in the audience wishing to speak, either in favor of or in opposition to the appeal, the public portion of the hearing was closed. The Council determined that a "hardship" as defined by the Zoning Ordinance did not exist and, on motion of Councilman Ehrhardt, Hughes second, denied the appeal of Mr. Ferrero. COMMUNICATIONS The City Clerk presented a claim which had been received in the amount of $i, 000, 000. 00 CLAIM filed on behalf of Timothy Joseph O'Shea. On i:') motion of Councilman Ehrhardt, Pinkerton second, Council rejected the claim and re- ferred the matter to the City's Agent of Record. A lengthy discussion on the subject of claims followed. S.F. CITY & COUNTY Councilman Pinkerton asked the City POLLUTION OF Attorney to check to see if the City and BAY WATERS County of San Francisco have paid fines as yet for the pollution of bay waters caused by the dumping of raw sewage into the bay. PAPERWORK COSTS Excerpts from an article entitled, "Meter FOR NEW DOW PLANT is Still Running on Paperwork Costs for N -N ew Dow Plant", which had appeared in a recent edition of the Northern California Industrial News were read by Councilman Pinkerton. REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with the report and recommen- dation of the City Manager, the following actions hereby set forth between asterisks, on motion of Councilman Pinkerton, Ehrhardt second, were approved by the Council. CLAIMS Claims were approved in the amount of ti:,�$436, 789. 99. -3- 32o, Minutes of January 7, 1976, continued SPECS APPROVED Spec if+_ca+inns for the Pump and Motor at FOR PUMP AND Well =i8 were presented for Ccuncii MOTOR AT WELL 18 approval. Council was advised that the ? pump and motor is a porticn of the Well 18 project which was approved in the 1975- 76 Capital Improvement Budget. The specifications prcvide for a submersible pump and motor to be furnished and in- stalled by a pump contractor. The speci- fications are similar to those for Well 17 and are based upon well data furnished by the drilling contractor. An allowance of 20 feet of water table subsidence has been included in the design. COUNCIL APPROVED THE SPECIFICA- TIONS FOR THE PUMP AND MOTOR AT WELL 18 AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS TO BE RECEIVED TUESDAY, JANUARY 27, 1976. PLANS & SPECS FOR "LODI AVE.STREET IMPROVEMENTS, CABRILLO CIRCLE TO WOOD DRIVE" APPROVED REGULAR CALENDAR Plans and specifications for "Lodi Avenue Street Improvements, Cabrillo Circle to Wood Drive" were presented for Council approval. Council was apprised that the reconstruction of Lodi Avenue between Cabrillo Circle and Wood Drive was approved in the 1975-76 Capital Improve- ment Budget with an estimated expenditure of $148, 000 and that in general, the work would consist of reconstructing existing street between curbs. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "LODI AVENUE STREET IMPROVEMENTS, CABRILLO CIRCLE TO WOOD DRIVE" AND AUTHOR- IZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON". RE-ESTABLISHMENT Agenda Item "d" - "Request of Lodi OF PARKING ON W. Avenue Merchants to re-establish parking LODI AVE. IN FRONT in area of their businesses" - was introduced OF HOUSTON BLDG. by City Manager Glaves. DISCUSSED An oral presentation on the matter was made by Public Works Director Ronsko. Diagrams were presented for Council perusal, with Mr. Ronsko giving a narrative on each exhibit. Mr. Ronsko presented the following diagrams as a part of his presentation: (1) A diagram of Lodi Avenue, Rose Street to Hutchins as it presently exists. (Z) A diagram identified as "Alternate No. 1", which w-nuld require the following changes on Lodi Avenue, Rose Street to Hutchins Street; 330 ces of January 7, 1976, continued ia; The removal of eight on -street parking stalls on the south side f Lodi Avenue between Rose Street. and Califcrnia Street. �` The add.non cf five on -street parking stalls on the north side of Lodi Avenue between California Street and the alley east of California Street. (c) Pavement markings, or physical barriers to prevent left turns between Rose Street and Hutchins Street. (d) The relocation of a 2 -car left turn pocket from the east driveway to the Lucky -Value Giant property to the west driveway of that property. (e) The marking of sub -standard lane widths between California Street and the alley east of California Street. (f) The removal, or relocation of the concrete barrier between California Street and Hutchins Street. (3) A diagram identified as Alternate No. 2 which would re- quire the following changes on Lodi Avenue between Rose Street and Hutchins Street: (a) The removal of four on -street parking stalls on the south side of Lodi Avenue between California Street and the alley west of California Street. (b) The addition of five on -street parking stalls on the north side of Lodi Avenue between California Street and the alley- east of California Street. (c ) The realignment of a 2 -car left -turn pocket at the east driveway to the Lucky Market and Value Giant property. td) The marking of substandard lane widths between California Street and Hutchins Street. (e) The removal or relocation of the concrete barrier between California Street and Hutchins Street. Quesu.ons were directed to the Staff by the Council. Dis- cussion followed with Councilman Pinkerton suggesting that California Street be made a one-way street. Mr. Ronsko asked that if this is an alternate to be considered, Staff would like the opportunity to study it further. Persons present in the audience addressed the Council as follows. ( !j Clarence Turner, 531 W. Lodi Avenue, Lodi stated he was thF spokesman for the Houston Building tenants, and indi- cated that he would hope the Council would give consideration to Alternate 2. -3- REC ESS ,=, ',.Ir. D :,.. C.unimings, Manager, Lucky Market, 530 W. Lr d: A .-cur. l_ -,,d:. stared that he was speaking on behalf of L.ic .v -'_•,r:> e -, aluF, Gla.nt and Gene's Drive In, Mr. --- -d -iia: these three businesses would favor the a question directed by Councilman stared that he. felt it would be all Bu,.di::g Lusiness customers, but net t.mp':):, c 1. 1 • _ -k .. th Lucky parking iot. _,17- .. t ., tncc�.e, Gene's Drive In, 510 W. Lodi Ave. , L, d-. 5- -! € *hr, _rtAt *.urn lane in the area of his busi- r.cs- ^i•.., '. 1-:, .:: -u d be cut of business, C _ ..._.. .. _.tical that Staff provide Council with a p _;.<! _:drat alk plan '-n front of the Houston A 'F ❑e F.' ' - -_ __',.:red. On motion of Councilman E{t:_.`•, ,,.; rnd, Ccunci.l continued the matter of the A : t- rUe .'vlerchar_ts in the area of 'he H:..... i_. rt--t_5t�,ba.sh parking in the area of their :.. - •,. __,...:ar; , 1976 tc allow Council time to r. ..<, :a:, ;, ~Alyn: a defln_te decision to be made on at +hat time, S. _irrd a •_._••e -minute recess at approxi - a.: t_ng -.'as rtccnvened at 10:25 6_ 331, e se-nted a _E-tfFr wh=ch had teen _ .. H.e german, owner c:f p cprtty at :.. `:. .. ". .., vit, Hc.eger nan stated inh_s z pr_(-c;ed_'ng, cr p_.pet- _ -, . _ thc: w--len-ng cf Lcdi A-: enue, Street, propc-::y ou ncz s r.rc .. C...:y's = egc:iatcrs that no specia- con - any properties involved in the «,cEr:.._ -.- * ut :hat all wruld be treated equal, as --ta nrc> cc,ncerned, Mr, Hoegerma_n went ". , ._: vcuid be most unfair to the prop- - •. . ra,F tarn required to sacrifice valuable P( .. - ._-d_ A�� nue could be widened, if on-street rk. ^,__ c,r. ; _ .=n=31 IV, Lodi Avenue and curb and .d,.'-._ .. _.... _s Chen moved back into the new Mr. ',_.n,, 627 W. Lodi Avenue, Lodi spoke re- gsrd.r., .. _..cu -v f making a left turn get�ing onto S_,. '-- .r: m IVcst Lodi Avenue and stated that he re': rha. r..g:::-ha.nd turns only were allowed, he doesn't be- a problem, Mr. Kiinc also pointed J, out t'r.c• r_.- •e :ng encountered with through traffic gc :::g •... -. _`t -,r parking lot. Following Council inquiry, _:id.,.zred that he would favor Alternate 2, REC ESS ,=, ',.Ir. D :,.. C.unimings, Manager, Lucky Market, 530 W. Lr d: A .-cur. l_ -,,d:. stared that he was speaking on behalf of L.ic .v -'_•,r:> e -, aluF, Gla.nt and Gene's Drive In, Mr. --- -d -iia: these three businesses would favor the a question directed by Councilman stared that he. felt it would be all Bu,.di::g Lusiness customers, but net t.mp':):, c 1. 1 • _ -k .. th Lucky parking iot. _,17- .. t ., tncc�.e, Gene's Drive In, 510 W. Lodi Ave. , L, d-. 5- -! € *hr, _rtAt *.urn lane in the area of his busi- r.cs- ^i•.., '. 1-:, .:: -u d be cut of business, C _ ..._.. .. _.tical that Staff provide Council with a p _;.<! _:drat alk plan '-n front of the Houston A 'F ❑e F.' ' - -_ __',.:red. On motion of Councilman E{t:_.`•, ,,.; rnd, Ccunci.l continued the matter of the A : t- rUe .'vlerchar_ts in the area of 'he H:..... i_. rt--t_5t�,ba.sh parking in the area of their :.. - •,. __,...:ar; , 1976 tc allow Council time to r. ..<, :a:, ;, ~Alyn: a defln_te decision to be made on at +hat time, S. _irrd a •_._••e -minute recess at approxi - a.: t_ng -.'as rtccnvened at 10:25 6_ 331, 33 ,2 `vi_—j-el -f January 7, 1976, continued RFL AX '_\ LnD! C- v Manager Glaves stated that he had OA RDS rc .e..'•ed a cal'. from Mr, Frank W„lfe cf hr L. -d; D:.scr:ct Chamber of Commerce -t qut.T-.ng that action be deferred on Age.—du lien 'e'" - ''Approve contrac' ith Ryan Ou-docr Advertising, Inc, for Relax C. :...::.: d:_scussion followed with Staff being rr,qur-=*cd to provide Council with ir_fcrma- ._ __- a _ . `he present balance of the Beuu-,.:icatien Reserve Account and the in- creu=e, _f any, to this fund resulting from th.e: _-_i.a_!at'_on cf these billboards, Mayor Scbaf:e-r then directed that action on this be deferred as requested.- - he City NIanager apprised the Council that 1• -ds had beer. received January % "976 for `he i:.=`allatien of four street lights in the 200 b_c•ck of Eden Street as follows: BIDDER AMOUNT Sz.e:nv and Company, Inc. S6,076 Sm.th Electric Supply $5,267 Ferrero Electric, Inc. $4,880 Gra`_figna Electric $3, 980 CC' -!ins Electr?cal Go. $3, 952 Wagers Electric $3,225 City Manager Glaves recommended that the A%VAP.D-CO:,� : R.AC? _,=._tract be awarded to Wagers Electric, the FOP EDF: S', 5:, .-,_ E_dles, in the amount of $3,225. Mr. I'GLi'_ D:S7PIC G:.z:r:- stated that the amount of 53,225 bid by IV,gt-r•, Electric, with the addition .f miscel- PFS, N:0, i :- + -t.: _c.; expenses, such as advertising, would ! *. sht _n line with the engineer's estimate f a..t for this street light in=stallation. Or: cr _`:cn cf Councilman Katnich, Ehrhardt -e•. _r.d, Counc..l adopted Resolution Nc, 4149 i,^,- rd -'ng the contract for the Eden Street S-*,.,-: Light District. to Wagers Electric, the __— t__d-&r, in the amount of $3,225. C..`g Manager Glaves informed the Council PAVSFER. OF 07AI FI).- `Fa-, --he City Code requires that a transfer of SHIP OF LOD; -sfvp of an ambulance operator's permit A`dE',-i.A'�C-F SERVICE c s.1:m1`:e:d to the City Council for approval ?P P.O"ED :::d=suancc of a new permit, This provision - rl^.r_ Ccde v7as overlooked when the Lodi RFS.NO, Service had a change in .«nership -.'. :1:c new owners have now complied :F :he, .re.qur-ements of the City Code and i',.ur.c:__ approual would now he in rrder author- _-�g -1-._ ..ransff r of ownership of the Ambulance Opo-r«.;is Permit to Michael N. Nilssen and P,rxc D. Schimke, co-partners doing business a°- Loth. Ambulance Service, 33F'--' '.l_ -,-_i-..:: :; January 7, 1976, continued F - ,:ng !'iacussion, Councilman Pinkerton :n eei ad: _ .gin of Resolution N,:. $150 can - _g :. timbu_ance Operator's Permit �... _=sued to Michael N. Nilssen and M. Cerruti, doing business as Lodi yzn_ulance Service and granting an Ambulance Opr-acor's Permit to Michael N. Nilsser, and Pe -r; D. Schi nke, co-partners doing business _- is Amba -lance Service. PO'—.ICY RE F:::.:.o-"izg Introduction of the matter by City C AN`D 1 D A TE'S S TA' -E- Attl:�-n..y Mullen, Councilman Ehrhardt `IF:`T OFQJALT_FICa-- n .c=d alrrpticr of Resolution No. 4:5: ='IONS re,_"na-If g R.escluticn No. 1128 and thereby A%IF'DMENT `0 !Cl, _p a.: otl:a City's Policy in connection with STATE CO':STITLilO;,: -hs! Ge :eral Municipal Election with regard to RES. NO, >." . -i-.r Candidate's Statement of Qualifications, -' :h<re!;y there shall be no charge for those pr.rcnn _ fii_ng a Candidate's Statement of in English, and for those persons r�ques ng a Spanish translation of the Candidate's S:a`e-nFn= of Qualifications, the City will bill each •:;a ndidate a sum not greater than the actual r-rorated costs of printing, handling and trans - ia` rg ti Candidate's Statement of Qualifications. I '.e motion was seconded by Councilman Hughes a- ^d carried by the following vote: A,i, • Councilmen - Ehrhardt, Hughes, Pinkerton and Schaffer NC -es- Cr_uncilmen - Katnich Absent: Councilmen - None P.ESOLUTION OF Mayr Schaffer presented a letter that had been SfTPPOR.T FOR _t. e --:.ted from Senator John. Stull, 38th District SENATOR S ;__ L !'.:h a c•; py of a draft constitutional amendment PROPOSED ::blob Se` -_tor Stull intends to introduce in A%IF'DMENT `0 a.nu: .:-y relating to individual rights. Senator STATE CO':STITLilO;,: S`u:1 _.aced in his letter that he believes that ---� c_; zeas .should not be required to pay dues or fel = to a third party in order to be employed by 'h.Ei_ government, at any level, and that he be:`.c-:es it imperative that the oeople of Ca:z:cr.ria ha -:e the opportunity to vote on this mat`cr. Fo:_o%ving discussion on the matter, on motion Gc,uncilnian Hughes, Katnich second, Council d.ptud a Re•sclu-ion of Support for Senator John prz�pcsed amendment to Section 8 of .= r Iola: ; ?f the Constitution of the State o rea`.ing to individual rights. HOLIDAY C ^.EE ::NNS %I,,e. !: Schaffer noted that Christmas and hoii- R.ECFiVED r.e•` r.gs had been rece4ved frc;n the Mayor Ireland and Kofu, Japan. n< 0 I:. ...'t ,- _. Janna:,i , i'76, c .n ;'..ruEd . OD: .:.I1 � :..- 1 C.- nz_. Ehrhard`. apprised zbe Cru_n-c:1 PAF.K:` .3 L.07 L: 1 . High Sch^c' Park:ng C.C` Illi 7. -EF .'.FE-_' C had been reschvA,,-'ed DATE CF;ANGFD -nry =, "6 c, January _ -..g- - OF F ._...:--:-.g .: rep::r-. by CuunC:!man Ehrhardt M'_S.-;PPOF.i'C`•:ED .,c,..._ect methods used previously SE-._- F,;,DS Transportat...._ LABOR P.C.L..A - .O`.S De ;,::,_p ne-:: Acs (SB -32=1 Funds by `he -NS _.'L'TF. :O BF. C--. _n—...: cf G: ernmems, Councii on motion. FF. i.:'._:g<.:�: M-;iy r Schaffer, Pinkerton second, __.- - .'.'Jr:- ed ::':e: C-ry'5 delegates to that. Bcdv C. -y cf Lod's pasi.tion that the �.. S ,.ck.._._ reimburse the ..'her c:>ies and C_�-Lna `!.,.se funds due as a resu_' of these >app r. t_nme :ts without benefit of interest. DA:ES OF :N:EF.EST - Sch�-ffer reminded the Ccunc:l of the ^e upc Dming -nee -*ngs: 18!76 - Cities and County meeting to be �!d 4n \Ian eca. 76 -Quarterly meeting of the Central Valley Division, League of California Cities to be held in Ceres . i/ i/ 76 - Congressman John McFall will be .r Sicck:on to review some concerns on Fescm South Canal. This mee`ing will be held �.t thr Stockton -East Water District Of`ice, 2526 E. Fremont, S ock`on, '.;PDA; LE ON REE DE R_ G_u-.c:ii :pan Hughes gave an update to the Council (;P.A7, e- CASE ...< case cf the People of the: State of C•.:.:fornl.a ss. Reeder Gray, et al, reporting on `hat had been held w;th District Baker, and that a meeting had been set `he :ti1a r and cne Counr_ilman'o meet with on January 20, LABOR P.C.L..A - .O`.S C .0^c,._man Hughes reminded the Council of -NS _.'L'TF. :O BF. -.ht- >F.• r Re-at:cns Institute being held in Los FF. i.:'._:g<.:�: o Ianuary 2 1-23, 1976. It was deter- - I `hal. a number of Ccur_cil members and =:ati -nf.rnbe_ s would be attending.Fo!iowing -t,3 c- c -a, Council agreed that. the Council mt c'..ng scheduled for January 21, :?7c %vculd ,'1 Ja::.lary 28, 1976. A_FO 'R.N:�IE., : e r Lee ng nc further bus:ne:ss, the meeting ad;: -irce,d a,: approxima`.ely i 1:20 p. m. to ?76 at 7.00 p.m. on mc` -ion cf 1P,'.nkerten, Ehrhardt second, ALICE M, REINICHE C_:y Clerk