HomeMy WebLinkAboutMinutes - February 17, 1993CITY COUNCIL, CITY OF LODI
:ARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 17, 1993
7:30 P.M.
ROLL CALL Present: Council Members - Davenport, Mann, Sieglock,
Snider, and Pennino (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Perrin
INVOCATION The invocation was given by Pastor Don Thomas, Lodi
Community Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pennino.
ALLEGIANCE
PRESENTATIONS
PRESENTATION BY BIG VALLEY SENIOR SOFTBALL
CC -27(c) A presentation of check in the amount of $1,000 was made by
Gene Zwingleberg on behalf of Big Valley Senior Softball
for the batters box mats for the Armory and Complex
softball diamonds.
COMMENTS SY PITSLIC ON
CONSENT CAL�_N'AR ITEMS
Frank Alegre, 2000 Edgewood Drive, questioned what type of
records were going to be destroyed by the Lodi Police
Department in regards to agenda item #F-12 entitled,
"Destruction of certain records retained by the Lodi Police
Department".
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Davenport,
Snider second, approved the following items hereinafter set
forth.
The following items were removed from the Consent Calendar
and discussed and acted upon at the end of this segment:
a) Agenda item 4F-1 entitled, "Claims -
$1,331,159.73" (Removed by Council Member
Davenport);
b) Agenda item #F-2 entitled, "Minutes - (a)
December 16, 1992 (Regular Meeting) and (b)
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Continued Fek...ruary 17, 1993
January 6, 1993 (Regular Meeting)" (Removed
by Council Member Davenport);
c) Agenda item #F-4 entitled, "Approve class
specification and set control point for
Police Chief" (Removed by Council Member
Davenport); and
d) Agenda item #F-10 entitled, "Authorize
exception to bidding procedures for the
purchase of Well 3R•. Pump and Motor, 144
South Rose Street (southwest corner of
Hutchins Street Square)" (Removed by Council
Member Davenport).
Further the following item was pulled from the agenda:
a) Agenda item #F-7 entitled, "Final Map and
Improvement Agreement for Towne Ranch, Unit
No. 1, Tract No. 2050" (Removed on
recommendation of staff).
AGENDA ITEMS REMOVED FROM THE CONSENT
CALENDAR Ai7D DISCUSSED AND ACTED UPON
AT THE END 1i• THIS SEGMENT
Agenda item 4F-1 entitled, "Claims - $1,331,159.73" was
removed from the Consent Calendar and discussed and acted
upon at the end of this segment.
Agenda item #F-2 entitled, "Minutes - (a) December 16, 1992
(Regular Meeting) and (b) January 6, 1993 (Regular
Meeting)" was discussed and acted upon at the end of this
segment.
PLANS AND SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR EASTSIDE LIGHTING PROGRAM APPROVED
CC -12.1(c) The City Council approved the plans and specifications for
bids for Eastside Lighting Program and authorized
advertising for bids.
This project consists of installing street lights, conduit
and junction boxes on streets in the area of Hale Park,
Blakely Park and Heritage School and other incidental and
related work, all as shown on the plans and specifications
for this project.
Community Development Block Grant (CDBG) funds will be used
to pay for this project.
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Continued February 17, 1993
AGENDA ITE':•.. P1?MOVED FROM THE CONSENT
CALENDAR ANil- ")ISCUSSED AND ACTED UPON
AT THE END OF THIS SEGMENT
Agenda item #F-4 entitled, "Approve class specification and
set control point for Police Chief" was removed from the
Consent Calendar and discussed and acted upon at the end of
this segment.
ACCEPTED IMPROVEMENTS UNDER WELL #17
PUMP AND MOTOR, 2017 WEST VINE STREET,
CONTRACT
CC -90 The City Council accepted the improvements under the "Well
417 Pump and Motor, 2017 West Vine Street" contract, and
directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
The contract was awarded to Kirby Pump and Mechanical of
Rancho Cordova on March 20, 1991, in the amount of $25,535.
The contract has been completed in substantial conformance
with the plans and specifications approved by the City
Council.
The contract completion date was October 2, 1991, and the
actual completion date was January 22, 1993. The final
contract price was $25,535. The difference between the
contract completion date and the final actual completion
date is mainly due to difficulties the motor manufacturer
had in supplying a motor that met the noise requirements in
the specifications.
ACCEPTED IMPROVEMENTS UNDER ABOVEGROUND
VAULTED FUEL STORAGE TANK, 125 NORTH
STOCKTON STRE-ET, CONTRACT
CC -90 The City Council accepted the improvements under the
"Aboveground Vaulted Fuel Storage Tank, 125 North Stockton
Street" contract, and directed the Public Works Director to
file a Notice of Completion with the County Recorder's
office.
The contract was awarded to SEMCO of Modesto, California,
on September 2, 1992, in the amount of $14,543.65. The
contract has been completed in substantial conformance with
the plans and specifications approved by the City Council.
The contract completion date was December 15, 1992, and the
actual completion date was January 21, 1993. The final
contract price was $15,710.65. The difference between the
contract amount and the final contract price is mainly due
to adding another shutoff switch with some additional
wiring, and equipping the gas pump with Phase II Recovery
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Continued February 17, 1993
hardware to conform to the San Joaquin County Air Pollution
Control District's regulations.
ITEM PULLED FROM THE AGENDA
Agenda item #F-7 entitled, "Final Map and Improvement
Agreement for Towne Ranch, Unit No. 1, Tract No. 2050" was
pulled from the agenda at staff's recommendation.
PUBLIC HEARING SET FOR MARCH 17, 1993 TO
CONSIDER ADOPTION OF THE UNIFORM CODES
CC -6 The City Council set a public hearing for Wednesday, March
17, 1993 to consider adopting the following Uniform Codes:
1991 Uniform Building Code
1991 Uniform Plumbing Code
1991 Uniform Mechanical Code
1991 Uniform Housing Code
1991.Uniform Code for the Abatement of Dangerous Buildings
1990 National Electrical Code
SET PUBLIC HEARING FOR MARCH 17, 1993 TO
CONSIDER AMENDING MUNICIPAL CODE SECTION
15.44.040 TO INCREASE THE MINIMUM VALUE OF
A CONSTRUCTION PROJECT REQUIRING OFF-SITE
IMPROVEMENTS TO $25,000
CC -6 The City Council set a public hearing for Wednesday, March
17, 1993 to consider amending Municipal Code Section
15.44.040 to increase the minimum value of a construction
project requiring off-site improvements to $25,000.
The proposed Municipal Code amendment was one of the
recommendations of the Permit Processing Committee. It
seems appropriate that this change be accomplished in
harmony With the Uniform Code adoptions.
AGENDA ITEM RFMOVED FROM THE. CONSENT
CALENDAR AND DISCUSSED AND ACTED UPON
AT THE END OF THIS SEGMENT
Agenda item #F-10 entitled, "Authorize exception to bidding
procedures for the purchase of Well 3R Pump and Motor, 144
South Rose Street (southwest corner of Hutchins Street
Square)" was removed from the Consent Calendar and
discussed and acted upon at the end of this segment.
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Continued February 17, 1993
CONTRACT FOR ARCHITECTURAL SERVICES FOR
WELL 3R ENCLOSURE, 144 SOUTH ROSE STREET
(SOUTHWEST CGi2NER OF HUTCHINS STREET
SQUARE) APPROVED
CC -90 The City Council authorized the City Manager to sign an
CC -183(a) architectural service agreement with Wenell Mattheis Bowe
for providing plans and specifications for the enclosure at
Well 3R.
The Public Works Department and the Old Lodi Union High
School Site Foundation have chosen the firm of Wenell
Mattheis Bowe to prepare the plans and specifications for
the Well enclosure at Well 3R. The fee for preparing these
plans and specifications is $11,040.
This project will construct a block wall around the well
with a covered arbor. The enclosure will be covered and
sloped so that soccer balls and volleyballs will roll off
the enclosure and back onto the field. This concept was
previously agreed to by the Foundation and the City.
The design of the enclosure will complement the existing
facilities at Hutchins Street Square and will also help to
reduce the noise from the well site.
DESTRUCTION OF CERTAIN RECORDS RETAINED BY
THE LODI POLICE DEPARTMENT APPROVED
RESOLUTION NO. 93-28
CC -6 The City Council adopted Resolution No. 93-28 granting
CC -300 permission to destroy certain records listed below in
excess of five (5) years of age.
In the interest of conserving storage space, the Lodi
Police Department makes this annual request to destroy
certain records in excess of five (5) years of age as
follows:
1. Background investigations and employment
records of previous employees who have left
employment with the City over five years
ago. This does not include retirees.
2. Background investigations on previous
applicants not hired, over five years old.
3. Crime reports, incident reports and traffic
reports over five years old, except for
those with pending court action and all
homicide investigations.
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Continued February 17, 1993
4. Investigations of citizens complaints over
five years old.
CONTRACT AWARD FOR CHEROKEE LANE/HALE ROAD
TRAFFIC SIGKAL AND LIGHTING INSTALLATION
AND CONCRETE CURB, GUTTER AND SIDEWALK
INSTALLATION
RESOLUTION NO. 93-29
CC -90 The City Council adopted Resolution No. 93-29 awarding the
CC -48(h) contract for Cherokee Lane/Hale Road Traffic Signal &
CC -300 Lighting Installation and Concrete Curb, Gutter and
Sidewalk Installation to Richard Heaps Electrial in the
amount of $81,683.00 and appropriated $6,000.00 from the
Hotel/Motel Tax Fund for sidewalk work.
At its April 1, 1992 meeting, City Council adopted
Resolution 92-55 authorizing funding, approving an
amendment to the Transportation Improvement Plan and
directing City staff to proceed with the traffic signal and
lighting installation at the intersection of Cherokee Lane
and Hale Road. Plans and specifications have been prepared
by City staff and have been reviewed and approved by
Caltrans. Since this project is funded with Federal
Transportation funds, this additional review was necessary.
In order to provide controlled access to this intersection
and coordinate vehicle flow, construction of curb, gutter
and alley approaches are necessary. Also,- to improve
pedestrian access (which is the primary purpose of
installing the signal), sidewalk and handicap ramps are
being installed. At the Star Market, this will mean the
displacement of six nonstandard diagonal parking stalls
which were marked within the public right of way.
Staff has met with the owner of the property and his
attorney. The project was described to them, and that it
is being done by the City at no cost to the owner even
though, under the Streets and Highways Code, the City could
require the owner to pay for the sidewalk. Apparently, the
owner has a parcel immediately west of the market and is
considering expanding the parking lot. Staff offered to
assist in doing a layout but declined a request to pay for
the expansion.
Staff also reviewed this project with the Cherokee Lane
Improvement Committee/Chamber of Commerce at their December
3 meeting. The consensus of the group was that the City
should proceed with the project as proposed by staff.
Plans and specifications for this project were approved on
December 16, 1992. The City received the following nine
bids for this project:
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�/ Continued February 17, 1993
Bidder
Location
Bid
Engineer's Estimate
$127,394.50
Richard A. Heaps Electrical
Sacramento
$ 81,683.00
M & M Electric
Sacramento
$ 86,669.00
Steiny and Company, Inc.
Vallejo
$ 91,066.21
Collins Electrical.
Stockton
$101,774.31
B. Cantarutti Electric Co.
Novato
$103,188.00
Anaconda Engineering & Construction
Stockton
$107,357.00
Tri -Technic, Inc.
Jamestown
$107,995.00
St. Francis Electric
Hayward
$109,474.30
A. M. Stephens Construction
Rio Vista
$121,747.50
With design and construction engineering plus
contingencies, the total project cost will exceed the
$100,000.00 appropriation. Staff recommended that the new
sidewalk work be paid for out of the Hotel/Motel Tax Fund
as was recommended when the Council approved the project
for bidding. The recommended appropriation is $6,000.00.
CLAIMS - CC -21(b) Following questions by Council Member Davenport, the City
Council, on motion of Council Member Mann, Snider second,
unanimously approved the claims in the amount of
$1,331,159.73.
MINUTES Copies of the minutes for December 16, 1992 (Regular
Meeting) and January 6, 1993 (Regular Meeting) were
presented for Council's approval.
Council Member Davenport brought up several comments on
possible errors and suggestions regarding the minutes of
both meetings, including:
a) Request to specify Council Member who
removed item(s) from the Consent Calendar;
b) Correction by Mr. Davenport stating that he
made a comment regarding report of claims
under the Comments by Council Members
segment of the agenda;
c) Correction that Mr. Steven Pechin spoke at
the City Council meeting of December 16,
1992;
d) Request that the address for Mr. Eilers be
shown on the December 16, 1992 minutes;
e) Request to include name of citizen who spoke
regarding the refuse system at the January
6, 1993 meeting;
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Continued February 17, 1993
f) Request to add citizen who spoke regarding
the transit needs public hearing at the
January 6, 1993 City Council meeting;
g) Request for the minutes to follow the
agenda; and
h) Request to have government and City codes
referenced in the minutes.
Speaking on the matter was Janet Pruss, 2421 Diablo Drive,
Lodi.
Following a lengthy discussion, Council Member Mann made a
motion to accept the minutes as presented. The matter died
for lack of a second.
On motion of Council Member Snider, Sieglock second, the
City Council unanimously accepted the minutes as presented
subject to verification by the City Clerk (copy of findings
on file in the City Clerk's office).
M
APPROVED CLA33 SPECIFICATIONS AND SET
CONTROL POINT FOR POLICE CHIEF
RESOLUTION NO. 93-27
CC -34 This class specification has been developed for the
CC -300 recruitment of Police Chief. The Control Point for this
position is $7,000 per month (salary + PERS contribution).
Council Member Davenport expressed his concern over this
figure, stating that he felt it was too high.
Following discussion regarding the matter, the City
Council, on motion of Mayor Pennino, Sieglock second,
approved the class specification and set control point for
the Police Chief at $7,000 per month (salary + PERS
contribution) by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
AUTHORIZED EXCEPTION TO BIDDING PROCEDURES
FOR THE PURCHASE OF WELL 3R PUMP AND MOTOR,
144 SOUTH ROSE STREET (SOUTHWEST CORNER OF
HUTCHINS STREET SQUARE)
CC -90 The following report was prepared by Public Works Director
CC -12(d) Ronsko.
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Continued February 17, 1993
CC -183(a) On September lb, 1992, City Council approved the drilling
and development of a water production well at Hutchins
Street Square. The size of the pump and motor is dependent
on the well production after the well has been developed.
The development of the well has just been completed and
staff is now ready to acquire the pump and motor.
Because the well site may be adjacent to a future
amphitheater at Hutchins Street Square, a decision was made
to install a submersible motor. This will help reduce the
noise from the well site.
The Public Works staff recommended the exception to the
bidding procedures for two reasons:
1. The payee is a sole supplier of submersible
motors. Byron Jackson Pumps is the only
manufacturer of oil -filled submersible
motors.
2. This is an emergency and there is
insufficient time to go to bid. Public
Works staff feels that it will be necessary
to have this well on line early this summer
to help meet the peak demands. Eliminating
the formal contract procedures will save the
City approximately six weeks of bidding time.
Council Member Davenport expressed his concerns about
deviating from the bidding procedure.
Speaking on the matter was Frank Alegre, 2000 Edgewood
Drive, Lodi.
Following discussion on the matter, the City Council, on
motion of Council Member Snider, Sieglock second,
authorized the exception to the bidding procedure for the
purchase of Well 3R Pump and Motor, 144 South Rose Street
(southwest corner of Hutchins Street Square) by the
following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
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Continued February 17, 1993
LETTER READ FROM SISTER CITY COMMITTEE
REGARDING BUDGET REDUCTION
,4//_2 ----
CC -21(b) Mayor Pennino read the following letter received from Naomi
McCallum Carey, Secretary of the Lodi Sister City
Committee, regarding the ten percent budget reduction it
took at a recent meeting.
"Lodi Sister City Committee has enjoyed an excellent
relationship with Lodi City Council for many years. We
have shared experiences with visitors from L.Ai, Italy and
from Kofu, Japan. Each visit has been planned and carried
out with the aid of City staff and City Council Members.
Expenses have been met through the Visitors Fund and our
own fund-raising.
City Council and staff are studying all departments of city
government in order to determine cuts in present funding.
Because we have shared the good times, we are prepared to
share the bad times.
During this evenings meeting... (January 26, 1993) ... the
Board of Directors of Lodi Sister City Committee passed the
following motion:
° That Lodi Sister City Committee join Lodi City Council
Members in taking a ten -percent reduction in our annual
allotment. This year we received $1,000 for our office
supplies, mailing expenses and staff assistance. We
would receive $900 for 1993-94 fiscal year.
Motion: Naomi Carey, Second: Merry Sasaki"
ADDITIONAL "TOWN HALL" MEETINGS SCHEDULED
CC -6 Mayor Pennino asked for Council concurrence to add two
CC -21(b) additional "Town Hall" meetings on the dates of April 13
and 14, 1993 as a follow-up and would serve as a free-flow
conversation among the City Council and the public
regarding the budget.
STATEMENT READ BY MAYOR PENNINO CONCERNING
THE RELATIONSHIP BETWEEN THE CITY COUNCIL
AND CITY STAFF
CC -6 Mayor Pennino read the following statement regarding the
roles of the City Manager, City Attorney and City Clerk and
the fact that a number of requests are being directed from
a Council Member to City Department Heads. and staff,
causing an additional workload. Mr. Pennino stated there
needs to be a policy that clearly states what an "inquiry"
is and that the City Council should deal with City staff
through the City Manager.
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Continued February 17, 1993
"Each one of us was elected by the citizens of Lodi to
represent them in providing direction and setting policy
for the City of Lodi. As Council Members we are like the
board of directors of a corporation in which we have a
chief executive officer or in this case a City Manager.
The City Manager directly reports to the City Council. In
addition to the City Manager, two other individuals are
hired and, for that matter, fired by the City Council.
Those being the City Attorney and the City Clerk.
The City Manager is responsible for taking direction and
action from this council as a whole and not from any one
individual. He is responsible for taking this information
and running the City's operations on a day-to-day basis.
Municipal Code Section 2.12.070 spells out how Council
Members are to deal with City staff. It says:
'Except for the purpose of inquiry, the city
council and its members shall deal with the
administrative services solely through the
city mlLnager, and neither the city council
nor any member thereof shall give orders to
any of the subordinates of the city manager.'
To that point, during the past several weeks some issues
have arisen that need to be addressed by the Council. A
Council Member has requested documents of information which
has been very time consuming to produce. This has placed
an additional workload on certain Department Heads and
their staff. Some of the information appears to be of a
personal nature.
There have been other actions which are disrupting the
normal operations of the City. It is not my/our intent to
stop a Council Member from staying abreast of City
business, but the Council needs to adopt a policy in
connection with Municipal Code Section 2.12.070, spelling
out what 'inquiry' is and making it perfectly clear that
for everything else besides simple routine questions, the
Council should deal with City staff through the City
Manager.
Finally in closing, as Council Members and as individuals,
we must remember that the City Manager, City Attorney and
the City Clerk work for the Council as a whole and we
should respect them and not threaten them with verbal
comments. This cannot and will not be tolerated!"
REPORT READ BY COUNCIL MEMBER DAVENPORT
CC -6 Council Member Davenport read a prepared memo stating
CC -16 several different matters, including in part: (1) that
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Continued February 17, 1993
the citizens be made more aware of when they may speak at a
City Council meeting; (2) that the minutes, when referring
to a State statute or a City code, reflect the appropriate
Government Code section or City ordinance number; (3) made
several comments regarding the City Manager's attendance at
a recent City Manager's conference and "secret meetings"
between the City Manager and the Mayor; (4) that he is
entitled to request documents from City staff; (S) stated
he was not permitted to attend the City Department Head
staff meeting; (6) commented he was refused cc_iies of City
records; (7) alleged that top City officials are not
reporting their time away from the office; (8) expressed
his opinion that reports should not go through the City
Manager because he has too much power; and (9) urged
citizens to contact him with any questions or comments.
COMMENT IN SUPPORT OF CITY STAFF
CC -6 Council Member Snider spoke in support of the City of Lodi,
its government and the City Manager and expressed his
disgust that Council Member Davenport dominated more than
an hour of discussion regarding routine matters that could
M
have been questioned prior to the meeting.
GANG TASK 1 --)PCE MEETINGS
CC -2(q) Council Member Sieglock informed the public that the Gang
Task Force meeting was held that evening and urged the
public to attend future meetings.
COMMENT IN SUPPORT OF CITY STAFF
CC -6 Council Member Sieglock spoke in support of the City
Manager that he is doing a good job and expressed his
concerns in the way Mr. Davenport presents himself at the
City Council meetings.
POSSIBLE FORMATION OF AN ECONOMIC
DEVELOPMENT DEPARTMENT/COMMITTEE
CC -6 Council Member Mann commented on the need for more jobs in
the City of Lodi and that the City will need to compete to
attract more jobs. Council Member Mann proposed the
formation of an Economic Development Department/Committee
to assist in conjunction with the Chamber of Commerce's
Economic Development Committee and the San Joaquin
Partnership in retaining current businesses and attracting
new businesses. He proposed that this be a subject of a
future Shirtsleeve Session.
COMMENT IN SUPPORT OF THE CITY MANAGER
CC -6 Council Member Mann also spoke in support of the City
Manager.
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Continued Feb:-uary 17, 1993
FAREWELL EXr'2:-.SSED TO RICHARD SANFORD,
LODI MEMORIAL HOSPITAL
Council Member Snider expressed his gratitude to Mr.
Richard Sanford of the Lodi Memorial Hospital who is
retiring after 25 years of dedicated service.
RESPONSE TO COUNCIL MEMBER SIEGLOCK'S
EARLIER COMMENT
CC -6 Council Member Davenport urged the citizens to remain
objective and stated his concerns regarding Council Member
Sieglock's earlier comments.
COMMENT IN SUPPORT OF THE CITY
CC -6 Mayor Pennino spoke in support of the City of Lodi and
informed the public that there are no "secret meetings".
COMMENTS BY '1!-.2
PUBLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
GOALS OF THE :HABITAT FOR HUMANITY
SHARED WITH THtiE CITY COUNCIL
CC -25 Pastor Robert Schreiber, 324 Rutledge Drive, Lodi, spoke
CC -84 on behalf of Habitat for Humanity which is an organization
that assists in providing housing for those in poverty.
Mr. Schreiber shared the program's goal to provide housing
in Lodi by acquiring rundown houses and refurbishing them
with the assistance of volunteers and also asked for City
assistance.
Mayor Pennino suggested that Mr. Schreiber work with the
Eastside Task Force and the Community Development
Department.
COMMENT REGARD7NG THE ECONOMIC DEVELOPMENT
TASK FORCE
CC -7(k) Les Dabritz, Executive Director of the Chamber of Commerce,
commented that the Economic Development Task Force is
currently working on an Economic Development Plan which
will be brought to the City Council in the near future.
The Chamber of Commerce's number one priority this year is
to focus on generating new jobs. Mr. Dabritz also spoke in
support of the outstanding City of Lodi government, its
staff and the City Manager.
Further, Mr. Dabritz introduced the Chamber of Commerce's
new Membership Coordinator, Katherine Provins. Ms. Provins
informed the public of the Chamber's upcoming 7th Annual
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Continued February 17, 1993
Trade Show to be held on March 31, 1993. They are hoping
to have a turnout of about 600 to 800 people.
- REPRODUCTION/DESTRUCTION OF CITY OF LODI
RECORDS QUESTIONED
CC -6 Frank Gayaldo Jr., P.O. Box 206, Lodi, commented on the
destruction of Finance Department records and stated he has
a lot more copy work he will need to do, but will not be
able to do it if records are destroyed. Mr. rayaldo also
questioned the City Attorney if he were to bring in his own
photocopy machine, would he be charged for copy work. City
Attorney McNatt responded that he would not be charged for
copy work, but could be charged for staff time if the
request resulted in any research. Mr. Gayaldo then
requested reimbursement for charges he was assessed for
copy work he did with his own photocopier.
COMMENT IN SUPPORT OF COUNCIL MEMBER DAVENPORT
CC -6 Cheryl E. Reinke, 420 Ravenwood Way, Lodi, stated that
Council Member Davenport was voted into office by the
people of this community, as were the other Council
Members, and, although the people were aware of Mr.
Davenport's lawsuit against the City during the election,
the people voted him into office regardless.
COMMENT REGARDING COUNCIL MEMBER DAVENPORT
CC -6 Arthur Price, 1053 Port Chelsea, Lodi, commented on his
disgust regarding these shameful attacks and urged the
citizens not to believe Council Member Davenport who, he
feels, has his own "personal agenda".
REQUEST FOR REIMBURSEMENT FOR REPRODUCTION
OF DOCUMENTS
CC -6 Frank Alegre, 2000 Edgewood Drive, Lodi, requested that the
City of Lodi reimburse him $502.40 that the City charged
him for copying requested documents. He feels this is an
extensive amount to pay for copies and that it is an
injustice when the City starts charging citizens for
copies. Mr. Alegre would like to see all records regarding
travel costs and expenses be recorded by individual and by
event and that records regarding consultant costs and
attorney fees be broken down by project. In Mr. Alegre's
final comment, he stated he would like to see an ordinance
prohibiting City employees from drinking during working
hours.
Questions followed by Council Member Davenport regarding
the procedure that Mr. Alegre followed to receive his
requested copies. Mr. Alegre stated that he requested
these copies through the City Manager, as it should be done.
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Continued February 17, 1993
Further, Council Member Snider agreed that he would like
the citizens to see what he is doing, what he is spending
on travel and salary and that these records be readily
available. Mr. Snider also commented that the City needs a
policy regarding copying costs.
In addition, Mayor Pennino commented that the City's
accounting system has changed over the last few years due
to Mr. Flynn's streamlining of the system, and that most of
the records being requested are old and were not as
accessible as they are today.
Mr. Flynn reported that existing documents are available;
however, some may require research to create a new report
and/or document, which results in additional use of staff
time.
In response, Mayor Pennino expressed his concern of taking
away from staff time and that further requests for
information should go to the City Manager in writing, who
will, in turn, direct staff appropriately.
COMMENT RI' zA:DING REQUEST FOR DOCUMENTS
CC -6 Janet Pruss, 2421 Diablo Drive, Lodi commented that in the
ten years or so that she has been attending City Council
meetings, she has never been denied a request for
information by the City Manager, City Council or staff.
Mrs. Pruss feels this is a waste of time.
COMMENT IN SUPPORT OF COUNCIL MEMBER DAVENPORT
CC -6 Andrea Davenport (no address given), commented that Council
Member Davenport's "personal agenda" is to help the
citizens of Lodi and is not to be against the City
Manager. She further stated that Mr. Davenport was not
fired for insubordination, but was "forced into early
retirement". Ms. Davenport stated that the 1994 election
will see more people like Council Member Davenport on the
Lodi City Council.
PUBLIC HF -Z ,.TVGS There were no public hearings.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
February 8, 1993.
CC -35 The Planning Commission -
ITEMS OF INTEREST
a. Conditionally approved the request of Steve Widhalm for a
Tentative Parcel Map to create 2 lots from 1 lot at 1703
15
Continued Febivary 17, 1993
51/4'
Reisling Drive/703 Pinot Noir Drive in an area zoned
P -D(4), Planned Development District No. 4.
b. Determined that Commissioners Griffith, Lapenta and Marzolf
would represent the Commission at the League of California
Cities Planning Commissioners Institute March 10-12, 1993
in Monterey, CA.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On recommendation of the City Attorney and the City's
contract administrator, Insurance Consulting Associates,
Inc. (ICA), the City Council, on motion of Council Member
Snider, Pennino second, unanimously rejected the following
verified claims:
a) George Konton, Date of loss 12/13/92; and
b) Sam A. S. Silva, Date of lose 12/21/92.
PUBLIC HEARING SET FOR APPEAL RECEIVED
Y FROM CLAUDE C. WOOD COMPANY
CC -53(b) The City Council on motion of Council Member Davenport,
Snider second, unanimously set a public hearing for March
17, 1993 to consider the appeal received from Claude C.
Wood Company regarding the Planning Commission's denial of
its request for an extension of a Use Permit for a
temporary office trailer at 686 East Lockeford Street, Lodi.
APPLICATION RECEIVED FROM PACIFIC GAS &
ELECTRIC (PG&E) REGARDING RATE INCREASE
CC -7(t) Application No. 93-02-005 from Pacific Gas & Electric
Company (PG&E) filed February 1, 1993 with the California
Public Utilities Commission (CPUC) was received for
authority to revise its gas rates and tariffs effective
September 1, 1993, pursuant to the Commission's Decision
No. 92-12-058 for gas transportation services to both core
and noncore customers.
RECESS Mayor Pennino called for a ten-minute recess and the City
Council reconvened at approximately 9:34 p.m.
REGULAR CALENDAR
EASTSIDE TASK FORCE COMMITTEE APPROVED WITH
FULL COOPERATION FROM THE CITY
CC -6 City Manager Peterson introduced the following matter.
CC -2(s)
The City Council was reminded that at the City Council
meeting of February 3, 1993, the Mayor directed Virginia
16
Continued February 17, 1993
Snyder, Virginia Lahr and John Young to meet with staff to
prepare guidelines and recommendations regarding the
formation of an Eastside Task Force and to return to the
City Council with its recommendations within 30 days.
Virginia Snyder, 412 East Oak Street, Lodi, presented the
following report:
"Community response to this effort has been enthusiastic.
The following summary sets forth guidelines under which we
would like to operate. Since we are all new at this, we
will no doubt ask for modifications as we gain experience.
We propose Eastside Improvement Committee for our official
name.
1. We feel this body should be an arm of city
government. Since we will be working toward
solutions of some monumental problems, it is
our belief that we need the full authority
of the City of Lodi behind us. Success of
this effort will depend on citizen
volunteers, and we intend to operate in an
atmosphere of openness and trust which would
meet the requirements of the Brown Act.
2. Under the guidance of the City Manager, City
Attorney, and Community Services Director,
we plan to educate Lodi citizens on how to
reclaim their neighborhoods from drugs,
crime, and blight by using existing laws and
ordinances.
3. It is our belief that the designation
"eastside" should encompass an area bounded
by Sacramento Street, Highway 99, Turner
Road, and Century Boulevard. (By including
Century Boulevard, we can serve the area
south of the Kettleman Lane overpass which
has been in decline for years).
4. We believe a steering committee of fifteen
members should lead this effort. We suggest
two requirements for board members. We
believe they should be:
a) individuals who either reside on the
eastside, own eastside property, or are
engaged in business on the eastside.
b) persons who agree to establish a
Neighborhood Watch group on their own
block. (The act of forming such a
group would demonstrate commitment on
the part of the steering committee
17
Continued February 17, 1993
to
members. We are looking for
self-starters.)
5. For the present, we see six areas of
immediate concern:
a) Neighborhood Watch for fighting drugs
and crime. We have volunteers who will
walk around neighborhoods and encourage
people to establish Neighborhood Watch
groups. They will furnish upport and
expertise.
b) Renters and Landlords. Goal: educate
on health and safety codes, screening
tenants, evictions. Explain legal
penalties for harboring criminal
activity, take action if necessary.
Require resident apartment managers.
c) Publicity and Speaker Bureau. Goal:
gain public support by speaking to
civic groups, churches, ethnic groups.
Inform residents on how to effectively
complain, start Neighborhood Watch.
d) Business Interests. Goal: explain
attractive business climate promotes
profit, property appreciation. Work
with DBA, Cherokee Lane, Mayor's
Sacramento Street project. Inform
businesses of "ugly" ordinance, legal
implications. Alert community to
movement of prostitutes, drug dealers,
and winos from Sacramento Street to
Cherokee Lane, East Lodi Avenue, and
East Pine Street.
e) Ethnic Outreach Goal: enlist
bi-lingual volunteers to educate
immigrants on civic responsibility,
city laws, and Neighborhood Watch.
Recruit minorities for Eastside
Improvement Committee.
f) "Ugly Ordinance" Goal: require clean
up of eyesores, trash, abandoned
vehicles. Train volunteers to teach
citizens how to enforce compliance with
the law.
6. Two steering committee members would be
assigned to each of the above categories;
one would serve as team leader and the
is
Continued Fe::,:uary 17, 1993
second would serve as, alternate. Six
individuals would serve three-year terms,
six would serve two-year terms, and six
would serve one-year terms. Team leaders
will teach, guide, direct efforts of
volunteers who serve on each committee.
7. With the exception: of the steering
committee, citizens from the community at
large will be encouraged to serve on a
committee of interest to them. We need help
from the entire city.
8. With your consent.,, Virginia Snyder would
serve as coordinator for one year. John
Young would serve as first alternate, and
Virginia Lahr. would serve as second
alternate. Subsequent coordinators and
alternates must have served one year on the
steering committee and will be elected by a
majority vote of the steering committee.
New terms would begin March 1, 1994. With
Council approval, the coordinator and
alternates could be elected to serve
additional terms.
9. We propose that the City Council advertise
the formation of the steering committee and
ask for volunteers. Lahr, Young and Snyder
would appreciate being asked to screen the
applications and make recommendations to the
City Council for approval. A trial
application form for consideration... (was
presented for Council's review).
We respectfully request a review of.this proposal by the
City Council, City Attorney, City Manager, and Community
Services Director. Any advice or suggestions will be much
appreciated."
Speaking on the matter were the following:
a) Virginia Snyder, 412 East Oak Street, Lodi;
b) John Young, 600 Tara Place, Lodi; and
c) Virginia Lahr, 311 East Elm Street, Lodi.
The Eastside Improvement Committee informed the public of
its new address and phone number:
P.O. Box 2444
Lodi, CA 95241
(209) 368-8848
19
Continued Feb.rjary 17, 1993
Aox-:2--
Following discussion, the City Council, on motion of
Council Member Snider, Davenport second, accepted the
report and recommendations prepared by the Mayor's ad hoc
committee and approved full cooperation in efforts to
formulate the Eastside Improvement Committee.
REPORT REGXi DI -7G AMBULANCE RATE ADJUSTMENTS
CC -6 City Manager Peterson introduced the following cuter:
CC -22(d)
Last spring the City Council heard a presentation regarding
the adoption by the County Board of Supervisors of the
adjusted ceiling for ambulance rates which may be charged
throughout the County, by ambulance service providers. At
that time the City Council requested the opportunity to
provide input, if deemed appropriate, to this process.
Following is a letter from Ms. Elaine L. Hatch, the
County's Emergency Medical Services Coordinator, addressing
this matter.
"As you are aware, San Joaquin County has an ambulance
ordinance, which includes a provision to regulate ambulance
rates charged in the County by setting a ceiling. These
rates are reviewed annually by the Board of Supervisors,
following an analysis conducted by emergency medical
services agency staff. Last year, I requested your input
on ambulance rates, prior to presenting staff's
recommendations to the Board of Supervisors. Your input is
requested for our analysis this year.
...I will be discussing the issue with the ambulance
providers in the next month."
Ms. Elaine Hatch was present at the meeting and answered
several questions from the City Council and was directed to
provide the City Council with a report of the final figures
sometime in March.
ORDINANCE INTRODUCED AMENDING LODI MUNICIPAL
CHAPTER 2.04 REGARDING COUNCIL PROCEDURES
ORDINANCE NO. 1566
CC -6 City Attorney McNatt presented the following report.
CC -149
At the shirtsleeve session of February 2, 1993, the Council
discussed a proposed Ordinance and Resolution intended to
update and streamline City Council meeting procedures.
Among the more significant changes were:
1. Deletion of Robert's Rules of Order as the
guideline for meetings, and substitution of
a Resolution abbreviating the procedural
rules;
20
Continued February 17, 1993
2. Clarification of parties responsible for
preparation and distribution of the Agenda;
3. Spelling out how and by whom matters are
placed on the Council Agenda and provide a
place on every Agenda for Task Force reports;
4. Limit introduction of new business at City
Council meetings after 11:00 p.m.;
5. Protect the confidentiality of information
received by staff or Council during closed
sessions; and
5. Clarify miscellaneous rules of decorum and
authority of the chairperson.
Following Council discussion at the shirtsleeve session, a
number of changes or additions were suggested which have
now been incorporated into the Resolution and Ordinance.
These points include:
° Application of the new procedural rules to all City
Boards and Commissions;
° Change starting time for Council meetings to 7:00 p.m.
° Clarify the number of votes needed for actions which
would require "two-thirds vote" of the Council when
varying numbers of members are present;
° Clarify that violation of decorum or disturbance rules
as an infraction under Lodi Municipal Code Chapter 1.08;
° Allow reading of entire minutes only by majority vote of
the Council;
° Require that the Chair admonish or warn a member before
a vote is taken to eject; and
° Specify the sequence for the reading, comments on, and
adoption of the Consent Calendar.
One of the main points of discussion regarding the
Ordinance focused on placing matters on the Agenda. The
Ordinance contains the original proposal, i.e., that items
can be placed on the Agenda by the Mayor, two Council
Members, the City Manager, City Clerk, or City Attorney.
In addition, two other options have been included for
Council consideration. The first would require any new
matter a Council Member desires to place on the Agenda be
moved and voted on at the time Council Members' comments
are discussed on non -agenda items (Section 2104.100(F)).
21
Continued February 17, 1993
f� 5z
The second option allows any single Council Member to place
s any item on the Agenda, but unless there is a second of the
concurrences of the Chair, provides that no staff time be
spent preparing a report. If the Council then wants to act
further on the matter after it is debated, it would be
continued to another date and the staff report prepared.
Following a lengthy discussion, the following persons spoke
regarding the matter:
a) Frank Gayaldo Jr., P.O.'Box 206, Lodi;
b) Cheryl Reinke, 420 Ravenwood Way, Lodi; and
c) Frank Alegre, 2000 Edgewood Drive, Lodi.
Following a lengthy discussion regarding the matter, the
City Council on motion of Council Member Snider, Mann
second, introduced Ordinance No. 1566 entitled, "An
Ordinance of the City Council of the City of Lodi Repealing
and Reenacting in its Entirety Chapter 2.04 - City Council
Meetings" with recommended changes regarding the setting of
agenda items and with the clarification of "reasonable
request" by the following vote:
_ Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
It was further directed to schedule for the next City
Council meeting the adoption of the related resolution.
REQUEST FOR .W ACCOUNT NUMBER FOR THE
CITY OF LODI z1.OTOCOPIER DENIED
CC -6 Recently, the City Clerk's office received a request from
Council Member Davenport for an account number, whether it
be an existing or a newly created account number, for use
on the City of Lodi photocopier. Presently, the usual
procedure has been for the Department from which the
documents were requested to do the copy work.
The photocopier works from a code number punched into the
machine and each Department has its own designated code.
This system tracks the amount of copy work, and is then
charged to the appropriate department. Our options would be
(1) to designate an existing code number for Council
Members' use, (2) to create a new code strictly for Council
Members' use, or (3) to leave the procedure as it is and
have the appropriate staff members make the requested
copies.
22
�{ Continued February 17, 1993
Following discussion among the City Council, Council Member
Davenport made a motion for the City Council to be given an
account number for use on the City of Lodi photocopier.
The motion died for lack of a second.
REQUEST TO PURCHASE PERSONALIZED STATIONERY DENIED
CC -6 A request was received on February 10, 1993 from Council
Member Davenport for the City to order and print
personalized stationery. To my knowledge, we have not done
this in the past, and there are no funds allocated for this
purchase. Therefore, we would need to transfer the
appropriate funds to accommodate this request. It was
requested that the Council give direction to staff
regarding this matter.
Following discussion on the matter, Council Member
Davenport made a motion to have personalized stationery
purchased for each of the Council Members. The motion died
for lack of a second.
REQUEST TO RECONSIDER RESOLUTION NO. 93-18
REGARDING THE DESTRUCTION OF CERTAIN
FINANCE DEPARTMENT RECORDS DENIED
CC -6 Requests have been received from Council Member Davenport
and from Mr. Frank Gayaldo, Jr., requesting that the City
Council reconsider its action of the adoption of Resolution
No. 93-18 entitled, "A Resolution of the Lodi City Council
Authorizing Destruction of Certain Records Retained by the
Lodi Finance Department", which was taken at the January
20, 1993 City Council meeting.
Following discussion among the City Council and Finance
Director Flynn, the following persons spoke regarding the
matter:
a) Frank Gayaldo Jr., P.O. Box 206, Lodi;
b) Arthur Price, 1053 Port Chelsea Circle,
Lodi; and
c) Frank Alegre, 2000 Edgewood Drive, Lodi.
Council Member Davenport made a motion to reconsider
Resolution No. 93-18 entitled, "A Resolution of the Lodi
City Council Authorizing Destruction of Certain Records
Retained by the Lodi Finance Department" and to keep the
records indefinitely. The motion died for lack of a second.
Further, it was made clear, as stated before, that the
records would be held until after the completion of the
"Town Hall" meetings whereby interested parties would be
notified prior to the destruction of these records.
23
Continued February 17, 1993
-- LEASE AGREEMErT WITH NORTHERN CALIFORNIA
POWER AGENCY (NCPA) AT WHITE SLOUGH
(STIG PROJECT) APPROVED
CC -7(j) City Attorney McNatt presented the following report. It
CC -90 was further determined that Mayor Pennino did not have a
conflict of interest regarding this matter.
As the City Council may be aware, negotiations have been
going on for some time on a proposed lease agreement
between the City and NCPA for location of a gu- turbine at
the White Slough plant as part of NCPA's electric
generation capability.
The premises would total approximately 10 acres, broken
into two 5 -acre parcels. Initially, NCPA will be occupying
only one parcel, but wanted the second for a possible
future expansion. The rents will begin at $1354 per month
for the first parcel, going to $2708 per month when the
second parcel is utilized. The initial term of the lease
agreement is for 50 years, with periodic rent. adjustments
and extension provisions included.
Under this arrangement, NCPA will actually own and operate
the physical facilities, but the City will continue to own
the ground. The City will also be a 39.5 percent
participant in the project, meaning that Lodi intends to
avail itself of a large portion of the plant's capacity.
Initial plans and environmental clearances have been
completed. If this lease agreement is approved by the
Council, construction would begin in the near future. A
representative of the Public Works Department was present
at the February 17, 1993 Council meeting to answer
technical questions.
On motion of Council Member Snider, Mann second, the City
Council unanimously approved the lease agreement with
Northern California Power Agency (NCPA) at White Slough
(STIG Project).
RECIPROCAL AC-'%:!EMENT WITH TURLOCK CITY
ATTORNEY FOR LEGAL SERVICES APPROVED
CC -6 City Attorney McNatt presented the following report.
CC -90
Historically, when the City Attorney has been out of town
or otherwise unavailable on City Council meeting dates, it
has been necessary to retain an outside law firm to provide
legal services. While the local firm utilized has always
done an excellent job, the City's current financial
situation requires innovative measures to contain costs.
24
Continued .?etruary 17, 1993
In recent conversation with Angil P. Jones, City Attorney
for Turlock, it became apparent that City is in a similar
situation. It occurred to us that we might be able to help
each other under a reciprocal agreement.
The proposal is simply that each City Attorney provide
coverage to the other's Council meetings on those occasions
when the regular City Attorney is unavailable, at no
charge. When Ms. Jones is unavailable to attend Turlock
Council meetings, I would cover for her, assuming my
schedule would otherwise allow, and she would do likewise
in my absence. These situations would probably be
infrequent.
Of course, this would require approval by both City
Councils as well as a mutual indemnity agreement. The
agreement would create no obligation to provide reciprocal
coverage, but would authorize it if our schedules permit.
This would give the respective cities the option to do so
if feasible.
I have high regard for Ms. Jones' abilities and reputation
as a City Attorney and believe she would do an excellent
job. Turlock is approximately the same size as Lodi and
deals with many of the same issues, so her experience is on
point. This situation would also have less potential for
conflict than hiring an outside firm, since she would have
no private clients' interests to look out for which might
theoretically later come into conflict with the City's
interests.
Assuming the Council consents to this proposal, a letter of
understanding can be drafted. Council direction was
requested.
On motion of Council Member Mann, Davenport second, the
City Council unanimously approved the reciprocal agreement
with Turlock City Attorney for legal services.
PERSONAL COMPUTER PURCHASE POLICY FOR
CITY EMPLOY22S APPROVED
RESOLUTION NO. 93-30
CC -6 The following report was presented by Finance Director
CC -34 Dixon Flynn.
CC -300
It was recommended that the City Council approve the
"Personal Computer Purchase Plan" to allow eligible City
employees to purchase a Personal Computer, software, and
related equipment by: (1) obtaining government discounts
offered to the City of Lodi by manufacturers and vendors;
and (2) providing low interest loans.
25
Continued Febxuary 17, 1993
This recommendation is based on the interest expressed by
members of the City Council and staff to promote the
productivity of City staff by using Personal Computers
(PC's) when there are practical applications for this
equipment. The experience in both the public and private
sectors over the last 5 to 6 years has been that both the
employee and the organization benefit when PC's are used in
the conduct of business. These benefits include reduced
staffing, faster service, increased salaries, improvement
control over funds and other assets.
Personal Computers are versatile pieces of equipment that
have many uses and applications. They can be used as
typewriters, calculators, for problem solving, for storage
of information and preparing reports. With the extensive
use of Personal Computers in the workplace, a large number
of "off-the-shelf" programs have been marketed that help
cities conduct business more efficiently. There are
payroll and accounting programs, computer aided design
programs, publication programs, fleet managements programs,
etc. Many of these programs replace either manual record
keeping efforts or more expansive "central computer"
applications.
Two problems faced by all organizations that introduce
Personal Computers to the workplace are the employee's
learning curve and the cost of training. The sooner
employees become computer literate, the sooner the
organization achieves the increased productivity this
equipment can provide. To reduce the learning curve and
training costs, many cities have encouraged employees to
use Personal Computers at home that are similar to that
used or to be used at work. This is accomplished by
offering incentives to employees to purchase equipment and
software for home use. The typical incentives offered
include, but are not limited to the following:
• Providing employees with the opportunity to purchase
equipment and software using company discounts.
• Low interest loans
° No interest loans
• Giving the equipment and software to employees for work
• Allowing employees to purchase surplus equipment at a
deep discount
MANAGEMENT INFORMATION SYSTEMS COMMITTEE
In early December 1992, the Personnel Director recommended
an "Employee Purchase Plan" to allow City employees to
purchase Personal Computers with a "no -interest" loan. The
26
,/*7 Continued February 17, 1993
City Manager referred this recommendation to the Management -
Information Systems Committee which has representatives
from each Department. The Committee met on January 11,
1993, reviewed the recommendations of the Personnel
Director. The policy, which was presented for Council's
review, reflects the final recommendation of the Committee:
1. Allows employees to purchase equipment and
software using City of Lodi government
discounts.
2. Provide employees with "low interest" loans
for the purchase of equipment and software.
The interest rate to be based on the
interest rate earned for City investments at
the State Treasurer's Office.
It was determined after discussions at the Management
Information Systems Committee and with the City Manager,
that it would not be in the City's best interest at this
time to give employees "no interest" loans to purchase
PC's. This would not only result in lost revenue to the
City but would require more effort to administer than for
"low interest" loans. However, the recommendation to offer
"no interest" loans can be reviewed again when the
financial stability of the City is more certain.
COORDINATION
This policy has been coordinated with the City Attorney and
a representative of each Department.
FUNDING
This program will not require the expenditure of City funds.
Following discussion among the City Council and staff, the
City Council, on motion of Mayor Pennino, Snider second,
adopted Resolution No. 93-30 approving the personal
computer purchase policy for the City employees by the
following vote:
Ayes: Council Members - Davenport, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Mann
Absent: Council Members - None
APPOINTMENTS MADE TO THE EAST BAY MUNICIPAL
UTILITY DISTRICT (EBMUD) NEGOTIATING COMMITTEE
CC -6 City Manager Peterson presented the following report.
CC -7(b)
`4id
Continued Fearuary 17, 1993
The letter shown below had been received from the County of
San Joaquin Department of Public Works, whereby they have
requested that the City of Lodi appoint one elected
official and one staff representative to the East Bay
Municipal Utility District (EBMUD) Negotiating Committee.
"At the January 12, 1993 Board of Supervisors meeting, a
Board Order was passed approving the establishment of a
Committee to negotiate with the East Bay Municipal Utility
District regarding the development of supplemental water
supplies. The Board Order states that the - mittee will
include one elected and one staff representative of the
interested organizations in San Joaquin County. The Board
appointed Supervisor Barber as the elected representative
and...(John Pulver) ... as the staff member.
It is requested that you present this plan to your Council
and ask for appointments to be made in each of these
categories. ...If I may be of some further help in
presentation of this plan to your Council, I will be
willing to do so.
4
It would be timely to establish this committee and begin
its work as soon as possible as the East Bay Municipal
Utility District is currently in the process of review of
the EIR/EIS for their Water Supply Management Plan. Please
let me know as soon as the committee members have been
selected so that an organizational meeting of the group can
be set.''
It was suggested that the City Council appoint Council
Member Stephen Mann and Public Works Director Jack Ronsko
to this committee.
On motion of Council Member Snider, Sieglock second, the
City Council unanimously appointed Council Member Stephen
Mann and Public Works Director Jack Ronsko to the East Bay
Municipal Utility District (EBMUD) Negotiating Committee.
ASSISTANCE I1:' OBTAINING INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA)
FUNDING APPROVED
CC -50(a) Assistant City Manager Glenn presented the following report.
CC -90
The City of Lodi became eligible for Federal Transportation
funds in July 1991. The City is eligible to receive
approximately $500,000 per year, nearly one-half for
operations and one-half for capital.
In order to utilize our Transportation Development Act
(TDA) funds, we must first avail ourselves of ISTEA funds.
The San Joaquin County Council of Governments (COG) will
not approve our claim unless we have or will utilize the
28
Continued February 17, 1993
Federal dollars. We can use our TDA funds to match the
Federal dollars.
The match to receive ISTEA funds is 20* for operations and
SOW for capital. It is our understanding these funds can
be held for three years.
Unfortunately, these funds do not come to us like revenue
sharing. The City must submit a rather complicated
application, then follow rules and regulations, and what
has been described as cumbersome reporting requirements.
Staff has been told that once an agency is tied into the
system and the necessary systems of collecting data are
established and proper operating procedures put in place,
it is not a complicated process. However, accomplishing
these tasks requires some knowledge and effort.
We have contacted COG and been informed they have no one on
staff who has the knowledge and time to provide the
necessary assistance. We contacted Stockton Metropolitan
Transit District (SMART), requesting help. They have
someone on staff who is familiar with the system; however,
because of internal situations, they cannot provide the
amount of time needed. CALTRANS administers the program
and is not in a position to help us.
The City does not have anyone on staff that possesses the
required knowledge. We do have the staff person on board
who will do this work. The bottom line is that we must
obtain some training and familiarization for Ms. Keeter.
Staff feels the best method of obtaining the necessary
training is to provide "hands-on" assistance in putting
together the claim, assist us in establishing the necessary
systems to collect the data in a manner that allows proper
reporting, and developing appropriate operating policies
and procedures to meet Federal guidel_°.nes.
Both COG and CALTRANS suggested we contact James Brown and
Associates to provide the necessary assistance in this
endeavor. We have contacted Mr. Brown and he has indicated
his willingness to assist us. Mr. Brown has served as a
consultant to California Transportation Insurance Plan
(CALTIP), which provides our liability insurance for our
transit system. He reviewed our system before our joining
CALTIP, so has some familiarity with our system. With that
knowledge and the suggestions of COG and CALTRANS, we are
confident he can help us.
He has quoted the City a price of $70.00 per hour. It was
requested that the City enter into an agreement with Mr.
Brown for 100 hours. If this time is not sufficient, we
will return to Council with a status report and a request
29
Continued February 17, 1993
for additional authorization. Funding for this can be 1001
funded with TDA funds.
Following discussion, the City Council, on motion of
Council Member Mann, Snider second,- authorized the City
Manager to enter into a personal service contract with
James Brown and Associates to assist in obtaining
Intermodal Surface Transportation Efficiency Act (ISTEA)
funding by the following vote:
Ayes: Council Members - Mann, Sieglock, Snide- and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
PLANS AND SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FC:2 WELL 4R DRILLING LOCATED AT THE
INDUSTRIAL !YTF�STATION, 1215 THURMAN STREET APPROVED
CC -12.1(c) This project consists of drilling a new water well at the
CC -183(a) City's Industrial Substation site. This project was
initially budgeted in 1990 and a test well was drilled last
year.
It is critical that the City provide another well for this
summer's peak flows and that it be located east of Highway
99. This well will help provide the needed pressures and
flows for the eastside industrial area.
The test well results show that this location will provide
us with one of our largest capacity wells (approximately
2,500 to 3,000 gallons per minute); however, the test
results also show high levels of dibromochloropropane
(DBCP). We have determined from prior test well drilling
that the whole planning limit east of Highway 99, except
the .area near the river, is contaminated with DBCP levels
above the State's allowable amount.
We are recommending that Well 4R be drilled at this time.
once the well is developed and the actual level of DBCP is
determined, we will then be recommending to the City
Council a schedule for the required filtration system
installation.
On Wednesday, February 10, 1993, staff met with the DBCP
Committee and explained this proposal. The Committee
understood the immediate need and the eastside well
location.
There are insufficient funds currently budgeted for this
entire project; however, the California Department of
Health Services has given its tentative approval to use our
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g Continued February 17, 1993
loan funds from the Safe Drinking Water Bond of 1988 for
the construction of this well site. The basis of this
approval is that Well 4R will be a replacement for the
City's existing Well 1 and Well 4. Both Wells 1 and 4 are
out of service and have DBCP levels over the maximum
allowed by the State.
Speaking on the matter was Dr. Helmuth Hoff,
Dibromochloropropane (DBCP) Committee and Fran Farkas,
Water/Wastewater Superintendent.
Following discussion regarding the matter, the City
Council, on motion of Council Member Snider, Sieglock
second, approved the plans and specifications for Well 4R
Drilling without the Granular Activated Carbon (GAC) filter
system, located at the Industrial Substation, 1215 Thurman
Street and authorized advertising for bids by the following
vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
ORDINANCES
ORDINANCE AMENDING EXCLUSIVE FRANCHISE
FOR WASTE DISPOSAL SERVICES
ORDINANCE NO. "565
CC -22(b) Ordinance No. 1565 entitled, "An Ordinance of the City
CC -54 Council of the City of Lodi Amending Exclusive Franchise
CC -90 for Waste Disposal Services" having been introduced at a
CC -149 regular meeting of the Lodi City Council held February 3,
1993 was brought up for passage on motion of Council Member
Sieglock, Mann second. Second reading of the ordinance was
omitted after reading by title, and the ordinance was then
adopted and ordered to print by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
31
Continued February 17, 1993
CLOSED SESSION The City Council met in a Closed Session regarding the
following matter:
a) Proposed litigation - City of Lodi v. Arends
et al.
The City Council meeting reconvened at approximately 12:55
a.m.
ADJOURNMENT There being no further business to come before the City
Council, Mayor Pennino adjourned the meeting at
approximately 12:56 a.m.
ATTEST :
J le r Perrin
yer
32