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Home My WebLink AboutMinutes - October 27, 197655 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS OCTOBER 27, 1976 An adjourned regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p, m. , Wednesday, October 27, 1976 in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, KATZAKIAN, PINKERTON and HUGHES (Mayor) Absent: Councilmen - None Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko, Community Development Director Schroeder, City Attorney Mullen, and City Clerk Reimche. EXECUTIVE SESSION Council recessed at 8:05 p. m. ,to Executive Session to discuss a matter of potential litigation. The City Clerk was excused by Mayor Hughes from attending the Executive Session. The Council reconvened from the Executive Session at 8:10 p.m. INVOCATION The invocation was given by Chaplain Wayne INTENTION TO Kildall of Teen Challenge. PLEDGE Mayor Hughes led the Pledge of Allegiance OF EASEMENT to the flag. MINUTES On motion of Councilman Katnich, Ehrhardt LAKEWOOD UNIT second, the Minutes of October 6, 1976 were NO. 4 approved as written and mailed. PROCLAMATION Mayor Hughes proclaimed the Month of October 1976 as "Toastmistress Month". PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of October 11, 1976. The Planning Commission - RES.DECLARING 1. Determined that no public need existed for INTENTION TO the southwesterly 4 feet of an 8 -foot easement VACATE PORTIONS to the rear of Lots 177-190 of Lakewood Unit OF EASEMENT #4 (i. e. , 1900-2028 Edgewood Drive) and LOCATED IN recommended that the City Council approve the LAKEWOOD UNIT request to abandon the 4 -foot area. NO. 4 RES. NO. 4267 - 1- 56 Minutes of October 27, 1976, continued PLANNING COMMISSION (Contd. ) RES. DECLARING On motion of Councilman Katnich, Ehrhardt INTENTION TO second, Council adopted Resolution 4267 VACATE PORTIONS declaring its intention to vacate portions of OF EASEMENT an easement located in Lakewood Unit No. 4 LOCATED IN (i. e., 1900-2028 Edgewood Drive) and setting LAKEWOOD UNIT the matter for Public Hearing November 17, NO. 4 1976. RES. NO. 4267 ITEMS OF INTEREST The Planning Commission also - 1. Conditionally approved the request of Kristmont West, Inc. by Mr. Victor W. Meyer for a Use Permit to construct a double motion picture theater as Phase IV of the Westgate Shopping Center at the southwest corner of West Lodi Avenue and Lower Sacramento Road in an area zoned C -S, Comm mercial Shopping. 2. Recommended that the San Joaquin County Planning Commission approve the request of Mr. William F. Johnson, et al to rezone the area generally bounded by the Mokelumne River on the north; a line one mile east of the Central California Traction Company right-of- way on the east; State Highway 12 (Victor Road) on the south, and the C. C. T. Company right-of-way on the west from I -PA, Interim - Protective Agriculture and GA -5, General Agriculture/5-Acre Minimum to GA -40, General Agriculture/40-Acre Minimum. COMMUNICATIONS The City Clerk presented the following applica- tions for Alcoholic Beverage License which had been received: a) Daniel D. Lowry, The Southland Corporation, dba 7 -Eleven Store, 205 W. Lodi Avenue, Lodi - Off Sale Beer and Wine - Transfer of license. ABC LICENSES b) Anthony J. Ahn, Fredrick M. Hanf, Arthur Kemalyan, and Hiroshi Kanegawa, Sun West Swim and Racquet Club, 2040 Cochran Road, On Sale Beer - Person to person transfer c) Robert A. Trowbridge, 121-23 N. Cherokee Lane, Lodi, Del Monte Club, On Sale General Eating Place, Person to Person transfer. d) Ali A. Hussain and Saleh H. Sanany, Sanaa Market, 10 E. Tokay Street, Lodi, Off Sale Beer and Wine - adding partner. e) Andrew K. Quady, Quady Port Company, 212 W. Pine Street, Lodi, Winegrower's Agent License - Original Application. APPLICATION The City Clerk presented the following corres- NOTICES OF pondence which had been received regarding MATTERS BEFORE applications before the California Public Utilities THE P. U. C. Commission: -2- 5d GOVERNING BOARD The City Clerk presented a letter from Mr. OF THE LODI Minutes of October 27, 1976, continued COMMUNICATIONS(Contd. ) APPLICATION a) Pacific Gas and Electric Company Notice NOTICES OF that in Application No. 56810 filed with the MATTERS BEFORE P. U. C. on October 14, 1976, P. G. &E. re - THE P. U. C. quests authorization under the Energy Cost (Continued) Adjustment Clause to increase its rates and been received from James E. Mulligan, charges for electric service through an Deputy Assistant to the Governor, Programs energy cost adjustment to offset increases in and Policies, apprising that on November 20, the cost of energy used to generate electricity. 1976, at the Sacramento Memorial Auditorium, b) Notice from the Public Utilities Commission the Office of Governor Edmund G. Brown, Jr. that Case No. 10056 and Application No. 56471 is presenting "California Celebrates the Whale". and 56709 have been set for hearing on The purpose of this event according to the letter November 16, 1976 in the Commission Court- is to raise public consciousness regarding this room, Los Angeles, California. GOVERNING BOARD The City Clerk presented a letter from Mr. OF THE LODI Ellerth Larson, Superintendent and Secretary UNIFIED SCHOOL to the Governing Board of the Lodi Unified DISTRICT & School District confirming that the Board will COUNCIL TO MEET meet with the Council in a joint meeting on IN JOINT MEETING October 28, 1976, The City Clerk presented a letter which had been received from James E. Mulligan, NOTICE OF Deputy Assistant to the Governor, Programs "CALIFORNIA and Policies, apprising that on November 20, CELEBRATES THE 1976, at the Sacramento Memorial Auditorium, WHALE" the Office of Governor Edmund G. Brown, Jr. is presenting "California Celebrates the Whale". The purpose of this event according to the letter is to raise public consciousness regarding this critical environmental issue. The letter seeks Council's assistance and support of this issue. The City Clerk presented a letter which had LODI BICENTENNIAL been received from Mary L. Godfrey, Co - COMMITTEE Chairman and Acting Secretary of the Lodi DISBANDS Bicentennial Committee, which letter stated that the Committee voted to disband as of October 7, 1976, as they had fulfilled all duties required of them. The letter also stated that the Committee feels that due to the huge success of the 1976 fire- works display and show in the Grape Bowl that a like show and display should again be held in the Bowl on July 4, 1977. COMMITTEE The Lodi Bicentennial Committee was compli- COMPLIMENTED mented by the Council for their efforts in plan - ON SUCCESSFUL ning a most successful Bicentennial celebration. CELEBRATION Mayor Hughes apprised the Council that he had directed the City Clerk to write a letter to the Co -Chairmen thanking them and their committee for their excellent handling of Lodi's most success- ful Bicentennial celebration. -3- 58 (2) The Lodi City Attorney or City Clerk be instructed to annually inform or review with Council members the operational methods of the Council, including the method of abstaining from voting. (3) Councilmen are required to file Form 702 Statement of Economic Interest. The City Council ascertain that each Councilman fully understands Form 702 and its ramifications. (4) The City Clerk or some other designated City official prepare a summary of each Councilman's financial holdings. At such times when bids are reviewed, compare the bidding suppliers with the listing of Councilmen's financial holdings. (5) When presenting bids to the City Council for consideration or acceptance, the City Clerk or some other designated City official specifically ask if any Council member has a direct or remote financial interest in any of the bidding suppliers. -4- Minutes of October 27, 1976, continued RETIRED A letter was presented by City Clerk Reimche EMPLOYEES which had been received from George Robles REQUEST COST and Loren Cromwell, Ways and Means OF LIVING Committee, Retired City of Lodi Employees, INCREASE requesting that the City consider a cost of AGAINST COUNCIL- living increase in the benefits paid by the MAN JAMES Public Employees Retirement System in PINKERTON & OF Sacramento to retired City of Lodi employees. WHICH THERE WAS Action on the matter was deferred for further NO INDICTMENT study. (2) The Lodi City Attorney or City Clerk be instructed to annually inform or review with Council members the operational methods of the Council, including the method of abstaining from voting. (3) Councilmen are required to file Form 702 Statement of Economic Interest. The City Council ascertain that each Councilman fully understands Form 702 and its ramifications. (4) The City Clerk or some other designated City official prepare a summary of each Councilman's financial holdings. At such times when bids are reviewed, compare the bidding suppliers with the listing of Councilmen's financial holdings. (5) When presenting bids to the City Council for consideration or acceptance, the City Clerk or some other designated City official specifically ask if any Council member has a direct or remote financial interest in any of the bidding suppliers. -4- City Clerk Reimche presented a letter that LETTER RECD had been received from Rudy G. Croce, FROM GRAND Foreman pro tem, 1976-77 San Joaquin County JURY RE POSSIBLE Grand Jury which reads in full as follows: CONFLICT OF INTEREST CHARGES "On Wednesday, October 6, 1976, the 1976-77 AGAINST COUNCIL- San Joaquin County Grand Jury reviewed evi- MAN JAMES dence for an indictment of a possible conflict PINKERTON & OF of interest charge against Lodi City Councilman WHICH THERE WAS James W. Pinkerton. NO INDICTMENT "Although an indictment for the charge was not returned against Councilman Pinkerton, the Grand Jury feels he should be reprimanded for carelessness in the performance of his Council functions. In addition, several items arose in the testimony to which the Grand Jury makes the following suggestions: "( 1) The Lodi City Council instruct the City Attorney or some other designated City Official to better acquaint the new and present City Council members with the regulations pertaining to conflicts of interest --both direct and remote. (2) The Lodi City Attorney or City Clerk be instructed to annually inform or review with Council members the operational methods of the Council, including the method of abstaining from voting. (3) Councilmen are required to file Form 702 Statement of Economic Interest. The City Council ascertain that each Councilman fully understands Form 702 and its ramifications. (4) The City Clerk or some other designated City official prepare a summary of each Councilman's financial holdings. At such times when bids are reviewed, compare the bidding suppliers with the listing of Councilmen's financial holdings. (5) When presenting bids to the City Council for consideration or acceptance, the City Clerk or some other designated City official specifically ask if any Council member has a direct or remote financial interest in any of the bidding suppliers. -4- Minutes of October 27, 1976, continued LETTER FROM GRAND JURY (6) It is the Jury's understanding that (Contd. } several of the items listed above are currently provided to Council members in a written format. The Jury recommends that such items also be presented orally to the Council and recorded as part of the official Council proceedings so as to remove any doubts of familiarization. "The 1976-77 San Joaquin County Grand Jury suggests that the Lodi City Council consider the items and comments enumerated above. By following these procedures, the Grand Jury believes the problem of conflict of interest will be removed from Council activities. " In response to the letter received from the Grand Jury, Mayor Hughes expressed his delight that Councilman Pinkerton was absolved of all charges in this matter. Mayor Hughes stated that he didn't think that under the circum- stances it would be appropriate or meaningful for the Council to carry out any type of retribu- tion against Councilman Pinkerton. Mayor Hughes further added that due to the complexity of the Conflict of Interest laws, and the numerous changes that were taking place during the early periods of the implementation of the Conflict of Interest rules that he feels it is fortunate that more office holders did not stumble on a techni- cality and that this should be a lesson to all to be as careful as possible to avoid any possible implication of conflict of interest. City Attorney Mullen indicated that as outlined in Item 6 of the aforementioned letter that basically the first three items listed in the letter are provided to the Council in written format. As far as Items 4 and 5 of the letter are con- cerned, City Attorney Mullen stated that he feels the Grand Jury possibly misconstrues what the State requires. The City Attorney stated that he would hesitate to have a policy where the City Clerk prepares a summary of each Councilman's financial holdings and when bids are reviewed, compares the bidding suppliers with the listing of the Councilmen's financial holdings. The law does not impose that duty on the City Clerk, and until the State law instructs and requires the recommendations listed in items 4 and 5, the City Attorney doesn't feel they are indicated, Mr. Mullen further stated that the burden is on the Council, and to put that burden on the City Clerk, is not the law. The City Clerk was then directed by Mayor Hughes to file the letter for future reference. -5- 60 Minutes of October 27, 1976, continued COUNCIL RECEIVES Council members were reminded of an INVITATION TO invitation- at had been extended to them to ATTEND JAMES O, attend the James O. Lind multi-purpose room_ LIND DEDICATION addition dedication at Lawrence School October 28, 1976. CONSENT CALENDAR In accordance with the report and recommenda- RESOLUTION APPROVING THE ASSESSMENT DIAGRAM FOR THE WELLSWOOD AVENUE STREET LIGHTING DISTRICT. PLANS & SPECS FOR City Manager Glaves presented the plans and "HAM LANE tion of the City Manager, the following actions MEDIAN, ARUNDEL hereby set forth between asterisks, on motion COURT TO of Councilman Pinkerton, Katnich second, were CENTURY BLVD. " approved by the Council. Councilman Pinkerton APPROVED asked that the record show his objection to Agenda Item No. "c" - "Approve Plans and Specifications - Ham Lane Median -Century Boulevard to Arundel Court''. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $1, 351, 138. 75. WELLSWOOD AVE.ST. City Manager Glaves presented the Wellswood LIGHTING DISTRICT Avenue Street Light District Assessment ASSESSMENT Diagram for Council approval, apprising the DIAGRAM APPRVD. Council that pursuant to the State of California Streets and Highways Code Section 5342, the Assessment Diagram showing each parcel of land within the limits of the assessment district, the dimensions of each such lot or parcel of land and the relative location of the same to the work proposed to be done under the 1911 Improvement Act must be approved by the legislative body. RES. NO. 4268 RESOLUTION NO. 4268 \ RESOLUTION APPROVING THE ASSESSMENT DIAGRAM FOR THE WELLSWOOD AVENUE STREET LIGHTING DISTRICT. PLANS & SPECS FOR City Manager Glaves presented the plans and "HAM LANE specifications for "Ham Lane Median, Arundel MEDIAN, ARUNDEL Court to Century Boulevard" for Council COURT TO approval. Mr. Glaves apprised the Council that CENTURY BLVD. " the construction of the median between Port APPROVED Chelsea Circle and Century Boulevard was approved in the 1976-77 Capital Improvement Budget. That portion of the median between Port Chelsea Circle and Arundel Court is presently under construction. COUNCIL APPROVED THE PLANS AND SPECI- FICATIONS FOR "HAM LANE MEDIAN, ARUNDEL COURT TO CENTURY BOULEVARD" AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON. 191 Minutes of October 27, '_?76, cr_ntinued SPECS FOR "LANE Council was informed by City Manager Glaves LINE PAINTING" that the Clty's present pr=actice is that the 87 APPROVED miles of centerline striping wh_ch exists within the City of Lodi is repainted approximately every two years; however, some major streets are done yearly, The City Manager presented specifications for 47. _5 miles of "Lane Line Painting" for Cour,:il's apprcvai. COUNCIL APPROVED THE SPECIFICATIONS FOR "LANE LINE PAINTING" AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. SPECS APPRVD COUNCIL APPROVED SPECIFICATIONS FOR A FOR TURF MOWER TURF MOWER FOR THE PARKS DEPARTMENT FOR PARKS DEPT, AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS THEREON. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "CATCH BASIN REPLACE- MENT", HUTCHINS AND TOKAY STREETS, CHURCH STREET & DEFORCE AVENUE, ORANGE AVENUE & LOCKEFORD STREET, CHURCH STREET AND OLIVE COURT", AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON, CLASS SPECS FOR CLASSIFICATIONS SPECIFICATIONS FOR WATER WATER & SEWER AND SEWER SUPERVISOR WERE APPROVED BY SUPERVISOR COUNCIL. APPRVD. In conformance with the City Council's instructions RES. ESTABLISHING to provide a left -turn pocket on Lodi Avenue for "NO PARKING" ZONES the westbound apprcach to Fairmont Avenue and ON LODI AVENUE Ham Lane, City Manager Glaves presented for BETWEEN HAM AND Council approval a resolution prohibiting parking AVENA on certain portions of Lodi Avenue between Ham Lane and Avena Avenue, as shoe on diagram RES. NO. 4269 presented for Council's scrutiny, RF,SOLUTION NO. 4269 RESOLUTION PROHIBITING PARKING ON CERTAIN PORTIONS OF LODI AVENUE BE- TWEEN HAM LANE AND AVENA AVENUE. -7- City Manager Glaves presented for Council approval specifications for "Catch Basin Replacement, Hutchins and Tokay Streets, Church Street and Deforce Avenue, Orange Avenue and Lockeford Street, Church Street and PLANS AND SPECS Olive Court". The Council was advised that this APPRVD FOR construction was approved in the 1976-77 Capital "CATCH BASIN Improvement Budget, and that in general, the REPLACEMENT" work consists of replacing substandard catch basins and catch basin lines and miscellaneous curb, gutter and sidewalk work. COUNCIL APPROVED THE PLANS AND SPECIFICATIONS FOR "CATCH BASIN REPLACE- MENT", HUTCHINS AND TOKAY STREETS, CHURCH STREET & DEFORCE AVENUE, ORANGE AVENUE & LOCKEFORD STREET, CHURCH STREET AND OLIVE COURT", AND AUTHORIZED THE CITY CLERK TO ADVERTISE FOR BIDS THEREON, CLASS SPECS FOR CLASSIFICATIONS SPECIFICATIONS FOR WATER WATER & SEWER AND SEWER SUPERVISOR WERE APPROVED BY SUPERVISOR COUNCIL. APPRVD. In conformance with the City Council's instructions RES. ESTABLISHING to provide a left -turn pocket on Lodi Avenue for "NO PARKING" ZONES the westbound apprcach to Fairmont Avenue and ON LODI AVENUE Ham Lane, City Manager Glaves presented for BETWEEN HAM AND Council approval a resolution prohibiting parking AVENA on certain portions of Lodi Avenue between Ham Lane and Avena Avenue, as shoe on diagram RES. NO. 4269 presented for Council's scrutiny, RF,SOLUTION NO. 4269 RESOLUTION PROHIBITING PARKING ON CERTAIN PORTIONS OF LODI AVENUE BE- TWEEN HAM LANE AND AVENA AVENUE. -7- 62 Minutes of October 2`, l976, continued CONDITIONAL City Manager Glaves presented for Council's APPROVAL OF conditional apFroval the fin a: map; the RIVERGATE improvement pia=_s, and :rc improvement MOKELUMNE securities for Rivergate Mckelumne Subdivision SUBDIVISION and apprised the Council that the subdivision DOCUMENTS consists of approximately 29 acres lying south of the Mokeiumne Ri•rer, between the Gross Rest Home and the Allied Grape Growers Winery. Six of these acres comprise the lagoon area. The subdivision is zoned R-1 and contains 50 lots, all single-family, The developer has completed all of the requirements specified by the Planning Commission in the appre-ra- of `.he new• tentative map on June 14, 1976. The tentative map was approved prior to 'she sanitary sewer problems develop-ing at the White Slough Water Pollution Control Plant, and as such, is acceptable to the Public Works Departmer.t, Council was apprisod that there are two permits that may be required Jr. `.his matter. It is going to be necessary for the City to acquire a permit from the Board of Reclamation for the construc- tion of an outfall structure in the river. The City has received verbal approval from the Board of Reclamation on this; however, the formal permit has not yet been received. The other permit that may be required is from the Corps of Engineers regarding the amount and type of slope protection that _s going to be put on the river's bank, to be determined by the Department of Fish and Game. 1 will be unknown how much work is involved in the slope protection until the beards are taken out of the dam at Woodbridge, It is Staff's feeiir_g that i_ would be reasonable to put a condition in the Subdivision Agreement such that the Ci -':y will not notify the California Real Estate Commission `.hat the City has accepted all the street- and utilities in said subdivision until such tine as the-equired. above-mer_tioned permits have been-eceived. Therefore, the developer would not be able to sell any lots in the subdivision until all required permits have been received by the City, Council was advised That the matter has been re- viewed by the City Attorney and that he concurs with Staff's recommendations in the matter. Councilman Katnich moved that the Council conditionally approve the f_ al map, the improve- ment plans, aad the iznpro•remene securities for. Rivergate Mokelumne Subdivision subject to those conditions outlined by Staff and hereinabove set forth. The motion also direc'ed the City Manager to sign the Subdi-.ision Agreeme `., Electrical Utility Agreement and Sa.tary Sewer Extension Reimbursement Agreement on behalf of the City when the conditions ha -,e been met. The motion was seconded by CeuncUrnan Ehrhardt and carried. -8- 53 Minutes of October. 2-,, _9-t, Conti ued LETTER -REGARDING Council received for filing Lodi Ambulance FEE SCHEDULE FOR Service letter advis:r_g `ha` witb:n 30 days the PARAMEDIC SERVICE Lodi Ambulance Service w: -,hes to provide a RECEIVED FOR paramedic ser -=ice tc the Community of Lodi. FILING The letter i_ eluded a fee schedule for this serv.ce. City Manage- Glaves informed `_he Council that the present City Ordinar-ce regarding Ambulance service regulations does not require that the City Council approve the rates. The Ordinance specifies that the rates cannot go into effect for 30 days aftez submi=sion; however, it reserves the right of the City Council to approve the rates by resolution. Discussion followed with questions being directed to Staff by the Council. No action was taken by the Council on the matter. Mr. Perry Schimke of the Lodi Ambulance Service, who was in the audience, was advised that the paramedic rate schedule would go into effect 30 days from October 6, 1976, which was the date these rates were first filed with the City Council. AGREEMENT Following introduction of the matter by City BETWEEN CITY & Manager Glaves, Council, on motion of Council - BRUCE P. TOWNE man Ehrhardt, Katnich second, approved ET AL APPROVED Agreement covering the acquisition of property located at 14?73 Beckman Read (Bruce P. Towne et al) and authorized the City Manager to execute the Agreement on behalf of the City. A drilling agreement with Standard Oil Company was presented for Council's approval. City STANDARD OIL Manager Claves advised the Council that the CO. DRILLING drilling agreement is supplemental to the subsur- AGREEMENT face oil and gas lease dated November 6, 1974 APPROVED with the Standard Oil Company of California. The purpose of this lease is to cover the drilling of an exploratory gat, v,,eil on the White Slough Nater Pollution Control Paan: property and covers the following major points: 1. location of well site 2. access to well' site 3. crop loss payment 4. site restoration 5. annual rental fee 6. hold harmless liability statement On motion of Councilman Ehrhardt, Katzakian second, Council approved Standard Oil Company Driliing Agreement and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. -9- 64 Minuies cf Or':cte- _7, -c, _cnz_nued PROPOSED The City Ccur_r.'.i •J%as ad"_sed ':ha'' Section 15-1 AMENDMENT TO of the C-'`y's pre -pen- C '_c -eads =.s follows: SECTION 15-1 OF THE CITY CODE "Advertising -ni—e_ - D:.=i.:.tu'-iota on private RE "DISTRIBUTION property. OF HANDBILLS" "It shall t pe: son to distribute c- _._-c— `cr prccuie, anyone to dis- tribute or thrc _ upc:n r_.ny F --,%ate yard, lawn, driveway, sidewalk, perch s' -cps of any residence, or upon cr'_n arty pa. -T- cf any structure, c -r upon any ve.:a.nt property, or in or upon any nicer :eh,':_ie - c`heT vehicle in the city, aay 3d:r'._tis.'.rg =ample, handbill, dodger, circuits , bccklr'': - ci.he:� notice of commerc_al a,! -er`is_.ng p---:'_3ed, that nothing in this sectic-i shall prch_.t'_` "..he distribution and delivery of any newspaper. :Lh_ch is capable of being entered or is en`.ercd as second-class matter under ':he prcvzs rots of 'br United States Post Office rcgulat`cns e- March 3, =879, and other United States S:atu'.ea,' O_d, ',No. 191. This ordinance was adcp-ed _n 1932, City Attorney Mullen apprised':he Council that he had obtained copies cf Ccdes from the League and from the City cf Medestc and all read substantially the same as the City of Lodi's except that Modesto has included a provision that he feels would take care of the problem that had been raised regarding the Led`_ Advertiser, Life and Times in Lodi, as we'll as the weekly Stockton Advertiser, So that these three. publicat_cns -would not be in violation with the City's ordinance, Mr, Mullen proposed that the City's existing Ordinance be amended to add a now sentence tc read as follows: "Pre ided, fur±e-', that the provisions of this se_ticn shalnet prohibit the distribut'r-n and de1i.•ery tc dwellings of resider_ts of`C_e Cicy cf. any regularly pub-ished med'u-n or_:nposed of multiple advertisements cf ma-than=s and news items dis,ribu`.ed ty a business licensed by =lie City, Lengthy discussion fc'_icwed ,vi -.h questions regarding the matter being directed to the City Manager and City A`:orey, The fcl!cwing parse ns, whc were in the audience, addressed the Ce _ic_ cn the matter. of Mr. Al Van Veidhu;zcn, P-esident, Lodi District Chambe- cf Cc7,me:ce proposed the following amend ncnc `he Cry's present ordinance: i� Minute, cf O.'.cte_ ? . 79-t, ecn".need Mr. Kleinfela u-a`ed tha.: he. :.11lv realizes that there are iega=-am;f_, tica.s hcwe-,er, he feels that the ord: _an; e by City Attorney Mullen wou!:!. be imrn-pe: and a iclatien of the first amendment., Mr, K e'_nfe:d then referred his comme_1`_=_ tc the case :n -_111:.ng the National Delivery Sys -;em and relw.:ed to. the Council statements made by `_he Ccur-1 in that case, Mr. Kleinfeld urged that the suggested ordinance not be adopte•: and that the Ccu.nc'l amend the existing ordinance ':c 1±c« L'ce:used •concerns to distribute ad.-e-t:s:.ng, Lengthy Cou--.._- d_ c-a-7sir... _.._.cwed ith questions bel ng d:rectcd ':.. vL-. Van Veldhuizen, Mr. Kle:z£e!d, the. C_'- Mr-nager and City Attorney, On monis_:-. c`. Cc•xr_ n .:.. K�-.:_ ^h, EF--hardt second, =.t_e:r. =-_ ch< Cl&i :c:: -'as deferred to a date un:er:d.i: :c ...... U'`:.^ic ._..cher review and study c_ ''are-na-_c.:7, COUNCIL Counc_: then e:.F esse ...ts :;.:.:ern rega-ding EXPRESSES the School S`_ee: _i `5e r' p-ct:cm and the CONCERN RE- policing of ':r_ ' =,.ea, Ccunc-equested an GARDING SCHOOL early &taff p::e_o..at:: c_,-e.gard::ng possible types STREET "PROBLEM” of co'?taineri, h:.. -_s :ha: :card be used in the area. RES. PROHIBITING City Manage- G_'L.�e5 d+;;.;ed the Council that PARKING AT in January 1_977 s expo: ed .hat CALTRANS KETTLEMAN LANE will be ad:erc s.,. g ';- t:.ds fc- the installation AND CHURCH STREET of traffic s1g.-=,mss r=`. the .- .r<cr~.cr. ci Kettle -man Lane and Ch::_•.n St ea`, in tcn junction with this RES. NO. 4270 instai'ar-.en tart...... Fa- :.tagrrs`._'_ct:ons are re- quired tc p7•c-.:de ..?c _:a -c si;t' distances for motorises and pec e,-_.._.._ . Lc general, the standard rest-4.ct;=.5 .:-e 40 fee of no parking on app-cacl-.'.ng a.c '.-`.e: ect:cn e:.nd 21 feet on leaving the i _s. .t:.. ~. Ccns:.de_a';_cn has been given exist'.ng d-_,,e,v3y ._,.., s and these distances r> becr_ gt,•::.y ce:_gthcr_ed or shortened in some -:i- "To perm: d:e s:: _g c1x•.u:ars distributed for L'censed bx s.-,cs_cs _r. Lc^_ -ega-diess of whether 0^ act *.hero _s'.-_ y ne- s- ren tent con- tained the=e_-.", PROPOSED AMENDMENT TO Mr. Van '✓e:dh-.' a.r_ _ `= a. h_'_ `he a-nendment SECTION 15-1 OF to the eXis:ing d:.:c.=:..,c -.z p::epc=ed by the THE CITY CODE City Attcr�vv '.s !:. RE "DISTRIBUTION OF HANDBILLS" Mr. Van Ve= h,<:'.ze= '.etc _ r.ed `hr' procedure (Continued) to stoF del' ,e -_y c_ :.: type e`. c:rcu:ars by , those pe.rsc:. .._ ': ::,g t.-E:_e:.Ve ,hem. (b) Mr, Oswar B -::d K:c'.-:fc.: A -crney-at- law, 949 N, Cerate- 5tr. a S�:rk:cz, stated that he -cry,-esen.xd Va„:ey Pceia_ Scr-rice. Mr. Kleinfeid s=ate-^ `ha- he yea;: eaaorse the comments of the Chambc-' ;;f Comme-ce repre- sentative, Mr. Kleinfela u-a`ed tha.: he. :.11lv realizes that there are iega=-am;f_, tica.s hcwe-,er, he feels that the ord: _an; e by City Attorney Mullen wou!:!. be imrn-pe: and a iclatien of the first amendment., Mr, K e'_nfe:d then referred his comme_1`_=_ tc the case :n -_111:.ng the National Delivery Sys -;em and relw.:ed to. the Council statements made by `_he Ccur-1 in that case, Mr. Kleinfeld urged that the suggested ordinance not be adopte•: and that the Ccu.nc'l amend the existing ordinance ':c 1±c« L'ce:used •concerns to distribute ad.-e-t:s:.ng, Lengthy Cou--.._- d_ c-a-7sir... _.._.cwed ith questions bel ng d:rectcd ':.. vL-. Van Veldhuizen, Mr. Kle:z£e!d, the. C_'- Mr-nager and City Attorney, On monis_:-. c`. Cc•xr_ n .:.. K�-.:_ ^h, EF--hardt second, =.t_e:r. =-_ ch< Cl&i :c:: -'as deferred to a date un:er:d.i: :c ...... U'`:.^ic ._..cher review and study c_ ''are-na-_c.:7, COUNCIL Counc_: then e:.F esse ...ts :;.:.:ern rega-ding EXPRESSES the School S`_ee: _i `5e r' p-ct:cm and the CONCERN RE- policing of ':r_ ' =,.ea, Ccunc-equested an GARDING SCHOOL early &taff p::e_o..at:: c_,-e.gard::ng possible types STREET "PROBLEM” of co'?taineri, h:.. -_s :ha: :card be used in the area. RES. PROHIBITING City Manage- G_'L.�e5 d+;;.;ed the Council that PARKING AT in January 1_977 s expo: ed .hat CALTRANS KETTLEMAN LANE will be ad:erc s.,. g ';- t:.ds fc- the installation AND CHURCH STREET of traffic s1g.-=,mss r=`. the .- .r<cr~.cr. ci Kettle -man Lane and Ch::_•.n St ea`, in tcn junction with this RES. NO. 4270 instai'ar-.en tart...... Fa- :.tagrrs`._'_ct:ons are re- quired tc p7•c-.:de ..?c _:a -c si;t' distances for motorises and pec e,-_.._.._ . Lc general, the standard rest-4.ct;=.5 .:-e 40 fee of no parking on app-cacl-.'.ng a.c '.-`.e: ect:cn e:.nd 21 feet on leaving the i _s. .t:.. ~. Ccns:.de_a';_cn has been given exist'.ng d-_,,e,v3y ._,.., s and these distances r> becr_ gt,•::.y ce:_gthcr_ed or shortened in some -:i- 66 Minutes of October 2.7, '.�" t, -,.-:_rued RES. PROHIBITING A diagram of the area 'ndic_-ting the proposed PARKING AT parking ressrizt`cr w>s presented =-_ KETTLEMAN LANE Council's 5cru`_ina, AND CHURCH ST. RES. NO. 4270 Councilman Katzakian then m: -:ed for adoption (continued) of Resolution No. 4270 prchib_`ng parking at Kettleman. Lane a. d Churc: Street as proposed by Staff. The motion was sece:zded by Councilman EY_rhardt and ca red by unanimous vote. RESOLUTION Council was apprised by City Manager Glaves PROHIBITING that a request had been received that curb PARKING ON NORTH parking be eliminated in front of Denny's SIDE OF KETTLEMAN Restaurant on East Kettleman L:.:.ne to provide LANE -CHEROKEE better sight visibility for motorists ex?ting from LANE TO FREEWAY the restaurant in observing westbound vehicles OFF -RAMP on Kettleman Lane. RES. NO. 4271 The Engineering Division has studied the Police Department accident records which reveal there have been five recent accidents at the driveway - of a type susceptible to correction by the parking prohibition. Of these fire accidents, four of the drivers leaving Denny's stated their view of on- coming traffic was blocked by parked vehicles. There are now six on -street parking stalls on the north side of Kettleman Lane between Cherokee Lane and the freeway off -.-amp (four in front of Denny's and twc in front of the Texaco Station), The e'-imiration c`_ these stalls, along with •those restrictic ns ,approved by the City Council in front of the Uaicn Station in August 1974, would provide fcr another standard width (14 feet) westbound traffic lane. This pro- posed plan has been reviewed by CAL T RANS and has their approval, A diagram outlining the proposed "no parking" zone was presented for Counci.l's scrutiny. On motion of Councilman Katnich, Ehrhardt second, Council adopted Resolution No. 4271 prohibiting parking on the no-th side of Kettleman Lane in the area of Cherokee Lane to the Freeway Off -ramp, ARCHITECTURAL City Manager Glaves informed the Council that FIRM AUTHORIZED due to the heavy use of the Hale Park Center, TO DESIGN HALE it is proposed that the area west of the building PARK PARKING be redesigned, graded and pa: -ed for parking LOT AND HORSESHOE and in doing so would incorporate a mini master FACILITIES plan,to include a horse3hoe •zcmplex. The City Manager proposed -etainin g the archi- tectural firm of Morris-Wenc_ to prc•ride this design work at a cost riot co exceed $700, 00. On motion of Councilman Ptcker:on, Ehrhardt second, Council authorized re-,ainiag the archi- tectural firm of Morris-NVenell is design Hale Park parking lot and horseshoe facilities at a fee not to exceed $700.00.. -'.2- Minutes cf Oc,obe. 27, 1976, con*'_hued COUNCIL RECEIVES A copy of the 1974-75 (re•rised December 2, CITY ELECTRICAL 1975) City of Lod'_ Ele_'t_S•:a. System Financial SYSTEM FINANCIAL Report vas presented i; . Ccxacii's perusal REPORT by City Manager Gia;•es, Discission followed with questions -regard ng the report being directed to Staff by the Ccuntai, Staff was requested p.c.;:?e Ccuncil with information regard''ng :):..per?:`:res made to the Northern Ca ifo-nia Power Association and 21 expenditures made c., the Pc^wer Development Fund, Following additional d scuss .on, the matter was deferred to a date uncertain to allow time for furshe. review and E-udy of the matter by the Cou:acil, COUNCIL RECEIVES An update on the Power De,relopment Fund UPDATE ON POWER project was presented tc the Ccuncil by Mayor DEVELOPMENT Hughes. PROJECT ORDINANCES Ordinance No. 1088 entitled "An Ordinance Amending Section 24-25 of the City Code of the City of Lodi - 'Liability Insurance Required' " having been introduced at a regular meeting of the Council held October 6, '_976 was brought up for passage cn motion of Councilman Katnich, Ehrhardt second. Second reading Was omitted after reading by tale, and the ordinance was then passed, adopted ind ordered to print by t:ae following vote: Ayes: Councilmen - Ehrhazdt, Katnich, Ka.:zakian, Pinkerton and Hughes Noes: Councilmen. - Ncne Absent., Councilmen - None ADJOURNMENT There being no further busineess to come before the Council, the meeting was adjourned by Mayor Hughes-pproximately 10:35 p.m. to October 28, 1976 at 8:00 p.m. on motion of Councilman Katnich, Eh=ha.dt second. i Attest: ALICE M. REIMCHE City Clerk _13- sr