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HomeMy WebLinkAboutMinutes - December 15, 1976106 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS DECEMBER 15, 1976 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p. m., Wednesday, December 15, 1976, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - EHRHARDT, KATNICH, KATZAKIAN, PINKERTON and HUGHES (Mayor) Absent: Councilmen - Ngne Also Present: City Manager Glaves, Assistant City Manager Glenn, Public Works Director Ronsko , Community Development Director Schroeder, City Attorney Mullen and City Clerk Re}mche INVOCATION The invocation was given by Reverend Harold Duncan, Century Assembly Church. PLEDGE Mayor Hughes led the Pledge of Allegiance to the flag. PUBLIC HEARINGS Notice thereof having been published in accordance with law and affidavit of publication being on file in the office of the City Clerk, Mayor Hughes called for the public hearing to consider the City Planning Commission's recommendation that the F -P, Flood Plain Zoning District be amended to conform with the F -P A+vtE`DF..D TO adonted Open Space-Conservltign Elemfmt of the CONFORNI WITH General Plan. ADOPTED OPEN SPACE COP:SERVA- Community Development Director Schroeder intro- TIOi� ELE`IENT OF duced the matter, stating that this proposed amend - GENT FRAr_ PLAN ment to Chapter 27 (Zoning Ordinance) of the Lodi Municipal Code is intended to establish specific ORD. NO, 1091 restrictions on the use of those properties or INTRO, portions of properties which are situated both within the Planning Area of the City of Lodi and within the Mokelumne River Floodplain. Special regulation is necessary for the protection of the public health, safety, and general welfare, and of property and improvements both within and without the floodplain from hazards and damage resulting from flood waters and to promote the Open Space Conservation Element policies of the City's General Plan. 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. Follourir.g discussion, Councilman Katzakian moved introducticn of Ordinance No. 1091 amending Chapter 47 (Zoning Ordinance) of the Lodi. Municipal Code and thereby amending Section 27- 12C Regulating the Usk, the Mokelumne River Floodplain. The motion ,va; seconded by Councilman Katniqh and carried by unanimous vote. -I- Minutes of December 15, 1976, continued �V 1 PLANNING COMMISSION The City Manager gave the following report of the Planning Commission meeting of December 13, 1976: The Planning Commission - REQUEST TO I. Recon -nended the approval of the request of REZONE 119 N. Mr. Vict&:r Goehring, Attorney at Law, to rezone PLEASANT AVE, 119 North Pleasant Avenue from R-IJD, High FROM R -HD TO Density Multiple Family itesidential to C -P, C -P - Commer.sial-Professional and determined that this rezoning is =onsistent with the General Plan, On motion of Councilman Kataakian, Ehrhardt second, the matter was set for Public Hearing on January 5, '-977. ITEMS OF INTEREST The Planni»g Commission also; 1. Certifier,' as adequate the Final Environmental Impact Report for a Use Permit request of IvlrI Frank Alegre to construct a boat dock, sand beach and asphalt play area for family use at 1630 Edgewood Drive in the floodplain of the Mokelumne River. 2. Conditionally approved the request of Mr, Frank Alegre for a Use Permit to construct a boat dock, sand beach and asphalt play area for family use at 1630 Edge.vood Drive in an area zoned F -P, Floodplain District. 3. Determined that a Zoning Hardship did not exist and denied the request of Mr. Oskar Hess fon Variances to permit the erection of a 6 -unit apart- ment house 1) to reduce the required off-street parking from 9 stalls to 6 stalls; (2) to reduce the required interior side yard from 5 feet to 2-1/2 feet to permit parking stall overhang; (3) to reduce the required front yard from 20 feet to 15 feet; and (4) to reduce• the required ;ear yard on a corner parcel from 7- 1/2 feet to 5 feet at 104I South Hutchins Street in an area zoned R -MD, Medium Density Mui-ipl a Family Residential, 4. Determined that a Zoning Hardship did not exist and denied the request of Mr. Bill Stemler for a Variance ro increase the allowable fence height from 3-1/2 feet to 4 feet along the Sunset Drive frontage of a parcell located at 1200 West Lodi Avenue in an area zoned P-1, Single -Family Residential. 5. Recommended that the San Joaquin County Board of Zoning Adjustment approve the request of Mr. Leroy Do:_inger for a Use Permit for commercial firewood sales on the north side of State Route 12 (Kettleman Lane) 2130 feet west of Lower Sacramento Road in an area zoned GA -40, General Agriculture. 2- M !Minutes of December 15, 1976, continued 6, Recommended that the San Joaquin County Board of Zoning Adjustment approve the request of Rocha's Mortuary for a Variance to reduce the required front yard from 20 feet to 0 feet to permit the installation of a double-faced, 3 -foot by 6 -foot pole sign at 5750 East Pine Street, the site of an existing mortuary and cemetery in an area zoned I -PA, Interim -Protected Agriculture. 7, Recommended that the San Joaquin County Planning Commission approve the request of Mrs, Eunice Benson and Mr, Stanley D, Kirst for a Division of Land to divide a 21.6 -acre parcel with three parcels containing 1.7 acres, 17 acres and 2.9 acres, respectively, on the south side of Augusta Street, 300 feet west of Chestnut Street, Town of Woodbridge in an area zoned R-3, ;Multiple Family Residential, INQUIRY RE CONFLICT In response to an inquiry by Councilman Pinkerton OF INTEREST RE at the December 8, 1976 Council meeting, City PROPOSED WOOD- Attorney Mullen, in a written communication to BRIDGE GOLF & the Council, concluded that City Council members, COUNTRY CLUB as well as members of the Planning Commission, SUBDIVISION may discuss and make recommendations regarding OF SELLING NAMES the rezoning of the Woodbridge Qolf and Country & ADDRESSES OF Club property. City Attorney Mullen also recom- CITIZENS UPON RE- mended that prior to the discussions of the subject, QUEST TO ANY if those members who do own a share of stock in the INDIVIDUAL OR Mokelumne Land Development Company COMPANY and are members of the Woodbridge Golf and Country Club disclose that fact, they would not then be prohibited from discussing the 'subject. PROPOSED Mr. Lindsay Marshall, Attorney -at -Law, 703 W. WOODBRIDGE GOLF Pine Street, Lodi, California addressed the Council & COUNTRY CLUB regarding the proposed Woodbridge Golf and Country SUBDIVISION Club Subdivision, A copy of the map as filed with the County was presented by Mr. Marshall for Council's perusal. Mr. Marshall detailed the map for Council's infor- mation and apprised the Council that the proposal does conform with the County's General Plan, Lengthy discussion followed, with questions regard- ing the project being directed by Council to Mr. Marshall and Staff. Council, by its common Consent, then concurred not to oppose the Woodbridge Golf and Country Club proposed subdivisign, COUNCIL PROTESTS City Clerk Reimche presented Resolution No. 76-420 PRACTICE OF DMV of the City Council of the City of Carson which pro - OF SELLING NAMES tests the practice of the Department of Motor & ADDRESSES OF Vehicles of selling the names and addresses of CITIZENS UPON RE- citizens upon request to any individual or company so QUEST TO ANY requesting, and urging repeal of the law authorizing INDIVIDUAL OR this practice. COMPANY Discussion followed on the matter{ with Councilman Ehrhardt moving that Council also protest this practice and urge repeal of this law. The motion was seconded by Councilman Katnich and carried. -3- Minutes of December 15, 1976, continued APPLICATION FOR The City Clerk presented an Application for ABC LICENSE Alcoholic Beverage License for Amelia L, and Panfilo Ramirez, Three Aces Tavern, 111 Ni Sacramento Street, Lodi, Person to Person Transfer, On Sale Beer and Wine Public Prem}ses. CITY OF EL MONTE The City Clerk presented Resolution No. 76T 1954 OPPOSES REDISTRI- of the City Council of the City of South El Morlte BUTION OF SALES Opposing the redistribution of sales tax revenues TAX REVENUES ON on the basis of population. Discupsion followed BASIS OF r. %� with no action being taken by Council on toe matter. POPULATION LODI TO HOST CVD Mayor Hughes presented a letter which had been DINNER received from the City of Riverbank confirming that '= the City of Lodi will host the quarterly meeting of the Central Valley Divisio. of the League of California Cities to be held in Lodi on September 29, 1977. PG&E CLAIM FOR Following presentation by City Clerk Reimche of NON-PAYMENT OF Pacific Gas and Electric Company's Claim for BILL Money for Nonpayment of Bills which had been received December 14, 1976, Council deferred action on the item and asked that the matter be brought up with Agendg Item "i". CONSENT CALENDAR In accordance with the report and recommendation of the City Mitnager, the following actions hereby set forth between asterisks, on motion of Councilman Katnich, Ehrhardt second, were approved by Council. �„_,;c :;c ;:.,<{<s -z;: :�:,__;::�:;::;: ;<h- �#=Fir=:rig=Rm*#�"r ��'r �r �iF''i•'fi �'i•.�mi[' >k�'-F �'r �=*i �'r*i`yf•'4*moi ��yi•itF �i�'�F�i�itm*•"i•�Y i`a4 iwt'm`�• �[ CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $313, 116.60. SPECS APPROVED COUNCIL APPROVED SPECIFICATIONS FOR FOR ASPHALT ASPHALT MATERIAL FOR. THE LAST HALF OF MATERIAL FISCAL YEAR 1976-77 AND AUTHORIZED THE PURCHASING AGENT TO ADVERTISE FOR BIDS Tl-IEREON, —4— City Manager Glaves apprised the Council that the construction of the Ham Lane Sanitary Sewer be- AGREE�MENT WITH tween Lockeford Street and Turner Road was SP FOR 10” SANI- approved in the 1976-77 Capital Improvement Budget. TARY SEWER This project will necessitate crossing the Southern CROSSING AT HALM Pacific Tracks at Ham Lane just north of Holly Drive, LANE APPRVD. and the City Manager presented an agreement with the Southern Pacific Transportation Company RES. NO. 4301 approving this 10" Sanitary Sewer crossing at Ham ' Lane. RESOLUTION NO. 4301 RESOLUTION APPROVING AGREEMEhIT BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANS- PORTATION COMPANY FOR A 10" SANITARY SEWER CROSSING AT HAM LANE AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BE13ALF OF THE CITY. <�=F $;•; =m -'r 7: �: c ;;. �-X_>$"•i=�: :-'�: �:r%i i'�i mi••`�y[.F.�.��'ti +�yF 'c. 'M a4 �e .-'i-•'i•�'m r%`r rm� yr�i='i•ic is .�i•a4 Tici �r %F+i•�ri $'m `•'.f �-i � —4— 110 AWARQ,RIVERGATE City Manager Glaves presented bids which had DRIVE STORM been received for "Rivergate Drive Storm Drain, DRAIN Turner Road to Mokelumne River" as followsi RES. NO? 430?, BIDDER AMOUNT ABC Underground Construction $39,45Z, 16 Teichert Construction $45,390,00 Ernest E. Pestana, Inc. $48,616120 Claude C. Wood Co, $50,774.00 Valley Irrigation Co, $51, 374 00 J. R. Pope, Inc. $56091.50 50 Hunsaker Construction Co. $61,772.,80 Cal Vada Construction & Plumbing C9, $68,08a,00 J & W Pipelines, Inc, $69,54Z,00 M. L, Garten $78,759.60 Following discussion, on motion of Councilman Ehrhardt, Pinkerton secgnd, Council adgpted Resolution No. 4302 awarding the contract for "Rivergate Drive Storm Drain, Turner Road to Mokelumne River" to the low bidder, ABC Under. ground Construction in the amount of $39,452. 16. City Manager Glaves apprised the Council that for many years the City has dumped and disposed of LEAF COMPOSTING accumulated leaves and garden refuse at the site of PROPOSAL the former San Joaquin County disposal area located APPROVED adjacent to the Southern Pacific Railroad right-af. way, south of the Mokelumne River in Lodi, An order has been received from the State to remove this material from the floodplain in that area which necessitates that a solution be found for the dis- position of this material in an economical and feasible manner. The City Manager then presented a proposal that had been received from Lodi Community Development and Services Agency to compost all of the City's leaves and for removal of the composted material from that site, which proposes the following: 1. To negotiate with the City of Lodi, a profit per, centage of sales, in exchange for the use of a loader and operator to handle the material, 2. To develop, implement and maintain an invoice control system. -5- Minutes of December 15, 1976, continued. PLANS & SPECS FOP, Plans and Specifications for "Building Demp- DEMOLITION & lition/Clearing, 201 W, Pine Street", (Turnage CLEARING OF Market) were presented by City Manager Glaves BUILDING AT 201 W, for Council approval, PINE ST, �PPRVD, Following discussion, on motion of Councilman Katzakian, Ehrhardt second, Counci} approved the Plans and Specifications fox "Building Demolition/ i:learing, 201 W, Pine, Lodi", setting the time of completion at 30 days &nd authorizing the City Clerk to advertise for bids thereon. AWARQ,RIVERGATE City Manager Glaves presented bids which had DRIVE STORM been received for "Rivergate Drive Storm Drain, DRAIN Turner Road to Mokelumne River" as followsi RES. NO? 430?, BIDDER AMOUNT ABC Underground Construction $39,45Z, 16 Teichert Construction $45,390,00 Ernest E. Pestana, Inc. $48,616120 Claude C. Wood Co, $50,774.00 Valley Irrigation Co, $51, 374 00 J. R. Pope, Inc. $56091.50 50 Hunsaker Construction Co. $61,772.,80 Cal Vada Construction & Plumbing C9, $68,08a,00 J & W Pipelines, Inc, $69,54Z,00 M. L, Garten $78,759.60 Following discussion, on motion of Councilman Ehrhardt, Pinkerton secgnd, Council adgpted Resolution No. 4302 awarding the contract for "Rivergate Drive Storm Drain, Turner Road to Mokelumne River" to the low bidder, ABC Under. ground Construction in the amount of $39,452. 16. City Manager Glaves apprised the Council that for many years the City has dumped and disposed of LEAF COMPOSTING accumulated leaves and garden refuse at the site of PROPOSAL the former San Joaquin County disposal area located APPROVED adjacent to the Southern Pacific Railroad right-af. way, south of the Mokelumne River in Lodi, An order has been received from the State to remove this material from the floodplain in that area which necessitates that a solution be found for the dis- position of this material in an economical and feasible manner. The City Manager then presented a proposal that had been received from Lodi Community Development and Services Agency to compost all of the City's leaves and for removal of the composted material from that site, which proposes the following: 1. To negotiate with the City of Lodi, a profit per, centage of sales, in exchange for the use of a loader and operator to handle the material, 2. To develop, implement and maintain an invoice control system. -5- III Minutes of December 15, 1976, continued LEAF COMPOSTING PROPOSAL 3. To process the refuse, as leaf compost, those APPROVE D(Contd,) a. -:counts available in the natural state. 4. To compost chemically, the aulk remaining and the newly collected refuse, 1. . 5. To m4rket these products on an on-going basis. 6. To keep accurate accounts and records of the e:rte rprise. 7. To make quarterly reports to the City of Lodi r(:garding the economic development enterpriser 8. To make rponthly reports to the Lodi Community D;velopment and Sery}ces Agency Board of Directors regarding the enterprise. 9. To utilize resource agencies and program personnel to a maximum extent. 10. To collect, compile and disseminate data per- taining to research being carried out regarding the utilization of solid sewerage sludge. 11. To plan and implement, on an experimental W-sis, a. project which will utilize the City's accumu- lated garden refuse, dispose of by composting the newly collected refuse; by development of a model community garden for elderly re,aidents of Lodi. Emphasis will be placed on youth involvement and pz.rticipation in assistance to the Senior citjzenS} Mfrs. Bethea E. Wydner, Director, Lodi Community Dovelopment and Services Agency, Inc. addressed tha Council supporting the proposal and answered questions regarding the matter as were directed by the Council. The proposed procedure for the screening and loading of the composted material was outlined by Public Works Director Ronsko, who then answered gi:estions regarding the matter as were directed by Council. , A lengthy discussion followed with questions regard - in; the matter being directed to Mrs. Wydner and Staff. Or. motion of Councilman Pinkerton, Katnich second, Cc until approved the leaf composting proposal as submitted by the Lodi Development and Services AE;ency which would include the following conditigns: (a) that the City would agree to advance to the Lcdi Community Development and Services Agency th : maximum sum of $10, 000. 00, with an initial ad,rance to be made in an amount necessary to initiate operation of the project, -6- 11 Western Lawn Equipment Co. - Hustler $6036.70 Mr. Glaves reported that of these bids, the H. V. Carter Co. bid with the Jacobsen uni� is the low bid. This machine comes equipped with an air cooled Kohler engine or an optional water cooled industrial engine at $500.00 extra. Mr. Glaves stated that it has Leen the City's experience that thin typi of engine is very expensive to utaintain. Discussion followed with questions regarding the matter being directed to Staff by the Council. Councilman Katzakian moved that Council adopt Resolution No. 4303 awarding the bid for a Turf Mower for the Parks Department to the Brady Holmes Company for the Toro Groundmaster - 72 - inch at a cost of $5559. 06. The motion was seconded by Councilman Ehrhardt and carried. The City Manager apprised the City Council that STREET TREE since April 16, 1969, when the City's existing POLICY ADOPTED tree removal policy was adopted by the City Council, the City has had many questions come up RES. 140. 4304 concerning trees within the public right-of-w•ay which were not answered by the existing policy. Because of this, Staff has drafted the following Street Tree Policy for Council's approval: 1. GENERAL Trees which are 50% or more within the public right of way shall be considered City trees. This measurement shall be taken at the base of the trunk at the ground surface. The City of Lodi is responsible for caring for all City trees within the public right of way including trimming, spraying and general maintenance. -7- Minutes of December 15, 1976, continued LEAF COMPOSTING (b) that the City Manager be authorized to PROPOSAL monitor the project and disburse additional APPROVED(Contd.) funds as necessary to satisfy the budget. (o) that the Lodi Community Development and Services Agency, Inc, obtain comprehensive Public Liability and Property Damage insurance and carry Workmen's Compensation insurance on their employees, Bids which had been received for a Turf Nlower for AWARD -TURF the Parks Department were presented by the City MOWER FOR THE Manager as follows: PARKS DEPT. Bidder Amount RES. NO. 4303 H, V. Carter - Jacobsen 72 -inch $5172.30 *Optional water cooled engine +500.00 Brady Holmes Co, - Toro Groundmaster 72 -inch $5559.06 Western Lawn Equipment Co. - Hustler $6036.70 Mr. Glaves reported that of these bids, the H. V. Carter Co. bid with the Jacobsen uni� is the low bid. This machine comes equipped with an air cooled Kohler engine or an optional water cooled industrial engine at $500.00 extra. Mr. Glaves stated that it has Leen the City's experience that thin typi of engine is very expensive to utaintain. Discussion followed with questions regarding the matter being directed to Staff by the Council. Councilman Katzakian moved that Council adopt Resolution No. 4303 awarding the bid for a Turf Mower for the Parks Department to the Brady Holmes Company for the Toro Groundmaster - 72 - inch at a cost of $5559. 06. The motion was seconded by Councilman Ehrhardt and carried. The City Manager apprised the City Council that STREET TREE since April 16, 1969, when the City's existing POLICY ADOPTED tree removal policy was adopted by the City Council, the City has had many questions come up RES. 140. 4304 concerning trees within the public right-of-w•ay which were not answered by the existing policy. Because of this, Staff has drafted the following Street Tree Policy for Council's approval: 1. GENERAL Trees which are 50% or more within the public right of way shall be considered City trees. This measurement shall be taken at the base of the trunk at the ground surface. The City of Lodi is responsible for caring for all City trees within the public right of way including trimming, spraying and general maintenance. -7- 111 Z. Tree is diseased beyond cure; 3. Tree is hazardous to the public or necessary root surgery would render it hazardous; 4. Tree conflicts with sidewalk to be installed by property owners on parcels where curb and gutter is in place; 5. Tree removal is necessary for a City improve- ment project; or 6. Tree causes repeated extensive damage to underground utilities or curb, gutter and side- walk. B. Property Owner Responsibility - With the issuance of an encroachment permit by the Public Works Department, a tree within the public right of way may be removed under the followipg condi- tions at the property owner's expense: 1. Trees bearing fruit and causing a nuisance to the property owner may be removed. Trees in parkways will be replaced at City's expense as part of its tree planting program. ?. Trees may be removed to widen existing drive- way or to construct a new driveway, Trees in parkways will be replaced at City's expense as part of its tree planting program. 3. Tree may be removed when less than 501/6 of the tree is within public right of way. 4. Trees may be xemoved as part of an approved development where curbs and gutters do not exist. Discussion followed with questions regarding the proposed amended City Street Tree Policy being posed to Staff. -8- Minutes of December 15, 1976, continued STREET TREE Property owners are responsible for any POLICY" ADOPTED required watering of newly planted trees in park- ways. RES. NO. 4304 (Continued) The City isnot responsible for maintenance of non -City trees. Property owners and City personnel are not allowed to remove or alter any City trees unless one of the criteria listed below is met or special approval is received from the City Council. II, TREE REMOVAL A. City Responsibility - The City will remove a City tree at its expense when: 1. Tree is dead; Z. Tree is diseased beyond cure; 3. Tree is hazardous to the public or necessary root surgery would render it hazardous; 4. Tree conflicts with sidewalk to be installed by property owners on parcels where curb and gutter is in place; 5. Tree removal is necessary for a City improve- ment project; or 6. Tree causes repeated extensive damage to underground utilities or curb, gutter and side- walk. B. Property Owner Responsibility - With the issuance of an encroachment permit by the Public Works Department, a tree within the public right of way may be removed under the followipg condi- tions at the property owner's expense: 1. Trees bearing fruit and causing a nuisance to the property owner may be removed. Trees in parkways will be replaced at City's expense as part of its tree planting program. ?. Trees may be removed to widen existing drive- way or to construct a new driveway, Trees in parkways will be replaced at City's expense as part of its tree planting program. 3. Tree may be removed when less than 501/6 of the tree is within public right of way. 4. Trees may be xemoved as part of an approved development where curbs and gutters do not exist. Discussion followed with questions regarding the proposed amended City Street Tree Policy being posed to Staff. -8- 114 Minutes of December 15, 1976, continued STREET TREE POLICY ADOPTED On motion of Councilman Pinkerton, Katnich second, the City Council adopted Resolution No, RES, NO, 4304 4304 approving the amended Street Tree Policy (Continued) as heretofore outlined, Mayor Hughes read aloud a Council Communication ELECTRIC RATES from W. C. Lewis, Utility Director, which reads in part as follows; "Payment of October and November P. Q. &E? bills in the amount of $420, 434F 36 and $4Z3, 690, 62 respectively has been withheld on the advice of Washington attorney George Spiegel pending corn, pletion of impending negotiations with the P. G, &E1 attornpy. It now appears that an agreement with P. G. &E. will not be reached in sufficient time to pay the October and November bills in a timely manne r. "In order to promote continued negotiations and to dispel public fears of the termination of electrip service by P, G, &.E., it is recommended that the power bills calculated with the retail fuel adjust- ment cost be paid to P. G, &E. and the disputed fuel amount be deposited in a bank account earmarked for further payment to a mutually agreed escrow company when determined. " Calculations based on the recommendation of Attorney George Spiegel, were presented for Council's perusal. Mayor Hughes apprised the Council that the City ip in receipt of late advice and counsel from the City's Washington attorney and suggested that the Council recess to executive session. The City Council recessed at 9:55 p.m. tp Executive Session, Upon request, the City Clerk was excused from attending the Executive Session by Mayor Hughes. The Council reconvened from Executive Session at 10:30 p. m. Mayor Hughes opened the discussion by giving a brief update on events which had led to this dispute, explaining that the dispute centers around the fuel cost adjustment. The Mayor explained that the "direct pass through fuel cost adjustment charge is excessive and that the citizens of Lodi are paying approximately twice as much for that segment of their bills as their counterparts right outside the City limits are paying. The City of Lodi has chosen to challenge P. G. &E, on this with respect to the fairness and equity of that rate. If the City is successful in its dispute, that money suggested to be withheld will be returned directly to the citizens of Lodi and will represent a credit on their hills, The City of Lodi doesn't benefit a bit on its actions in this matter other than to protect the citizens, because they are paying more than P. G, &E:s other customprs, -9- 11c Minutes of December 15, 1976, cgntinued ELECTRIC RATES Council discussion followed with Councilrpan (Continued) Pinkerton suggesting that elected City 'officials meet with P. G. &E. executives to discuss the entire matte r. Mayor Hughes then moved that the City Council authorize the City to pay P. G. &E. an amount that has been calculated by taking the energy charge as P. G. &E. has billed the City and adding the fuel adjustment cost that is charged to the outlying retail customers which amounts to 7. 74 mils per kilowatt hour and paying that amount for both the months of October and November thereby setting aside the November bill also and that those respective amounts would be paid directly to P. G. &E. ; namely, October - $323, 48 1. 94 and November $324, 778. 56 and that the City pay the difference between the fuel cost that is being charged the retail customers and what is being charged. to the citizens of Lodi, which represents an amount of $96, 952.42 for October and $98, 912. 06 for the month of November into an interest bearing account in the name of the City of Lodi in a separate account in a local bank, which account is to be designated for payment of this disputed amount in the event that this matter is resolved at a figure different from that which the City set aside. The motion was seconded by Councilman Katnich. Mr. E. O. Lightfoot, Manager, Pacific Gas and Electric Co. , Lodi, California addressed the Council stating that he wished to clarify some of the statements which had been made. Mr. Lightfoot stated that P. G. &E. is a conduit also in that they buy oil to generate power from oil producers and that is what the City is buying and that is where the oil price comes from. Mr, Lightfoot concurred that the City's fuel cost adjust, ment to its citizens is higher, but that wasn't always true, stating that the fuel charge started in 1973 and until April 1975, the customers of P. G. &E. were paying more for oil than the City was. Mr. Lightfoot added that the fuel cost adjustment is designed to come out even, that all customers are going to pay the same price in the long run. Mr. Lightfoot stated that "they" would be happy to consider a meeting such as that proposed by Councilman Pinkerton suggesting that Council direct a letter to him regarding such a meeting and that he would see that it is routed to the proper channels. Mr. Lightfoot then restated P.G. &E. Is position that the bills that are presented to the City of Lodi are in accordance with the tariffs filed with the Federal Pw.ver Commission and approved there and that the bills are due and payable and become delinquent after 15 days. Any portion of the bill that is found un, warranted by the F.P.C. after you paid it and alter 116 Minutes of December 15, 1976, continued ELECTRIC RATES their review is refundable with an interest rate (Continued) set by them - in this case it would be 9%. Mr. Lightfoot further explained that if the City paid P. G. &E. the $95, 000 each month that is in dis- pute, and it was found not to be justified, the City would recei-•e 9% interest back on that money. If any portion of the bill is not paid as presented, then it is subject to a 7% interest charge, which would be due P. G. &E. if it were determined to be a warranted bill. The question was then called for and the motion carried by unanimous vote. PG&E CLAIM FOR On motion of Councilman Ehrhardt, Katzakian NONPAYMENT OF second, Council determined to take no action on BILL the Pacific Gas and Electric Company's Claim for COLLECTION RATES Money for Nonpayment of Bills which had been re- FOR GARBAGE ceived by the City Clerk and referred the Claim to SE RViCE the City Attorney. REAPPOI`ITMENTS On motion of Mayor Hughes, Katnich second, Mas TO RECREATION Okuhara and David Hinchman were reappointed to COMMISSION serve another 4 -year term on the Recreation ADOPTED Commission, which terms will expire December 31, ' 1980. ORDi� ANCES Ordinance No, 1090 entitled, "An Ordinance F ISCAL 1SSISTA_�CE Amending Section 11-3 of the City Code of the City -AMENDI-NG of Lodi entitled 'Collection Rates for Garbage COLLECTION RATES Services' " havLng been introduced at an adjourned FOR GARBAGE regular meeting held December 8, 1976 was brought SE RViCE up for passage on motion of Councilman Katzakian, Pinkerton second. Second reading was omitted after reading by title, and the ordinance was then passed, ORD. NO. 1090 adopted and ordered to print by the following vote: ADOPTED $40,081.00. ' Ayes: Councilmen - Ehrhardt, Katnich, Katzakian, EXTE ,:D D B`i Pinkerton and Hughes Noes: Councilmen - None Absent: Counciimen - None ANT iRE CESSION City :Manager Glaves briefed the Council on informa- F ISCAL 1SSISTA_�CE tion that has been received on Antlrecesslon Fiscal TO STATE k LOCAL Assistance to State and Local Governments - Publ;c GOVERNMENTS Works Employment Act of 1976 (PL 94-369) Notification has been received from the Department of the Treasury which indicates that the Antirecession Allocation for the City of Lodi is under this Act for the July - September 1976 payment quarter and the October - December 1976 payment quarter totals $40,081.00. HOLIDA':' GREETINGS The City Cou :cil extended best wishes for a very EXTE ,:D D B`i Merry Christma- and Happy New Year to all citizens COUNCIL of Lodi. - 1I- 11' Minutes of December 151 1976, continued ADJOURNMENT There being no other bgsiness to come before the Council, the meeting was adjourned by Mayor Hughes at approximately 10:55 p, m, on motion of Councilman Katnich, Ehrhardt second. �cGGCG. Attest: A41CF- M, kMC�HE CITY CLERK -12-