HomeMy WebLinkAboutMinutes - May 19, 1993CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 19, 1993
7:00 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 Dick Patterson, Zion
Christian Fellowship.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pennino.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS Mayor Pennino presented the following proclamations:
CC -37 a) "National Safe Boating Week", week of June 6
- 12, 1993 --accepting the proclamation was
Ken Martin, Vice Flotilla Commander of the
Stockton Flotilla 10-3; and
b) "Emergency Medical Services Week", week of
May 23 - 29, 1993 --accepting the
proclamations were Brad White with Emergency
Medical Services, Captain Richard Newman
with Lodi Fire Department, and Debbie
Crawford with Lodi Memorial Hospital.
PRESENTATION OF CERTIFICATE OF COMMENDATION
BY THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES
CC -7(b) The City of Lodi was presented with a Certificate of
CC -102 Commendation by Jim Stone on behalf of the Governor's
Office of Emergency Services for Lodi's participation in
the Operational Area Satellite Information System (OASIS)
project.
The City of Lodi, along with other cities in San Joaquin
County, worked in conjunction with the Governor's Office of
Emergency Services and the County Office of Emergency
Services to develop resource policies and procedures for
disaster preparedness.
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V Continued May 19, 1993
City of Lodi employees involved in the project include the
following:
1. Larry Hughes, Fire Chief
2. -Robert Gorbet, Fire Marshal
3. Wes Fujitani, Senior Civil Engineer
4. Charlie Mauch, Police Lieutenant
5. Marilyn Field, Recreation Superintendent
6. Hans Hansen, Assistant Electric Utility Director
7. Roger Houston, Chief Building Inspector
8. Scott Resin, Parks Superintendent
9. Rick Shaeffer, Utility Operations Supervisor
10. Jerry Glenn, Assistant City Manager
11. Janet Keeter, Administrative Assistant to the
City Manager
ANNOUNCEMENT BY CITY MANAGER
City Manager Peterson informed the public that there would
be a brief video played during the first break of the
meeting regarding "Public Works Week".
COMMENT BY PUBLIC UNDER CONSENT CALENDAR
CC -90 Janet Pruss, 2421 Diablo Drive, Lodi, asked questions
regarding insurance coverage on agenda item #E-13 entitled,
"Renewal of landscape maintenance contract".
Further, Council Member Davenport expressed concerns
regarding the renewal of the landscape maintenance contract
and felt that this matter should go out to bid; therefore,
Council Member Davenport made a motion, Mann second, to go
to bid on the landscape maintenance contract and the motion
failed by the following vote:
Ayes: Council Members - Davenport and Mann
Noes: Council Members - Sieglock, Snider and Pennino
(Mayor)
Absent: Council Members - None
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Snider,
Sieglock second, approved the following items hereinafter
set forth.
Further, agenda item #E-15 entitled, "Receive General
Services Unit Memorandum of Understanding (MOU) 1992-93"
was pulled from the agenda pursuant to staffs request.
CLAIMS CC -21(a) Claims were approved in the amount of $1,313,535.70.
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Continued May 19, 1993
MINUTES The Minutes of March 23, 1993 (Adjourned Regular Meeting),
March 23, 1993 (Special "Town Hall" Meeting), March 24,
1993 (Special "Town Hall" Meeting), March 30, 1993 (Special
"Town Hall" Meeting) and March 31, 1993 (Special "Town
Hall" Meeting) were approved as written.
RENT PAYMENTS FOR BIG VALLEY MODEL
RAILROADERS ELIMINATED
CC -7(h) The City Council rescinded rental payments for Big Valley
CC -90 Model Railroaders from May 1, 1993 to July 31, 1993, a
period of 3 months.
The City of Lodi has a contract with Big Valley Model
Railroaders for their lease of the basement of the Carnegie
Forum.
The present terms of this lease are rental payments of $100
per month, and a stipulation that either party may
terminate the lease with a 30 -day notice.
On March 31, 1993, the Big Valley Model Railroaders were
sent a letter by the City notifying them that the City was
exercising its option to terminate the agreement effective
August 1, 1993 because of the City's need for the space
they are occupying.
The Model Railroaders have indicated they will turn the
facility over to the City by August 1, 1993, however, in
that they are now in the process of dismantling their model
railroad and trains, they have asked to be excused from the
rental fee of $100 per month for the months of May, June
and July.
It was recommended that the City forgive the $100 monthly
rent payments due from May 1, 1993 through July 31, 1993
since the group can no longer use the facility for the
purpose of operating model railroads.
PLANS AND SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR JAIL PAINTING AND PLUMBING
RETROFIT APPROVED
CC -12.1(c) The City Council approved the plans and specifications for
jail painting and plumbing retrofit and authorized
advertising for bids.
This project consists of furnishing all labor, materials,
tools and equipment to complete the painting and plumbing
retrofit of the Public Safety Building jail at 230 West Elm
Street. The work includes the removal of the existing
paint from jail interior walls, ceilings, floors, and
interior metal surfaces; preparation, priming and painting
of those interior walls and surfaces; plumbing, including
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Continued May 19, 1993
changing valves and both supply and waste piping, and
reworking existing plumbing deficiencies, and other
incidental and related work, all as shown on the plans and
specifications for the above project.
The Public Safety Building jail, built in 1968, has had
ongoing problems with the plumbing for years. The
patchwork and piecemeal repairs that have been done over
those 25 years are now causing maintenance problems and
must now be upgraded. Replacement sink and toilet valves
and replacement toilets are almost impossible to find, and
the "homemade" remedies we've attempted are not holding
UP- Because of these plumbing problems, one cell has been
unusable for the last two years.
The jail paint is peeling, deteriorated, and has been
vandalized throughout the entire jail facilities. Several
layers of latex paint, in a variety of colors, have been
applied over the years. It has been worn, peeled and
vandalized to the point where new vandalism to paint cannot
be detected and assessed to the appropriate prisoner. A
new, more durable, epoxy paint system needs to be applied
now after the numerous old layers are removed and the
surface adequately prepared.
It was staff's recommendation that both plumbing and paint
problems be corrected at the same time so closing of the
jail can be kept to a minimum.
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR ROCK AND SAND MATERIAL FOR FISCAL
YEAR 1993/94 APPROVED
CC -12.1(c) The City Council approved the specifications for rock and
sand material and authorized advertisement for bids to be
received Wednesday, June 2, 1993.
The City advertises for rock and sand material on an annual
basis. This bid will cover rock and sand material needed
during the fiscal year July 1, 1993 through June 30, 1994.
A recap of the quantities is shown below:
ROCK AND SAND MATERIAL OUANTITIES
Item No. 1 100 tons 3/4" class II aggregate
Item No. 2 300 tons concrete sand
Item No. 3 350 tons 5/16" x #6 crushed rock
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Continued May 19, 1993
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR ASPHALT MATERIALS FOR FISCAL YEAR
1993/94 APPROVED
CC -12.1(c) The City Council approved the specifications for asphalt
materials and authorized advertisement for bids to be
received Wednesday, June 2, 1993.
The City of Lodi advertises for asphalt materials on an
annual basis. This bid will cover asphalt materials needed
during the fiscal year July 1, 1993 through June 30, 1994.
A recap of the quantities is shown below:
ASPHALT MATERIAL QUANTITIES
3/8" Asphalt Concrete 2,825 tons
RECEIVED CHANGE ORDER FOR TWO MID-SIZE
PARATRANSIT BUSES
CC -50(b) The City Council approved a change order request for
CC -90 upgraded dual air conditioning units for two mid-size
paratransit buses for Dial -A -Ride at a total cost of $2,800.
The City is in the process of ordering two mid-size
paratransit buses as approved by City Council at the April
21, 1993 Council Meeting. Staff, in working with the
vendor, California Bus Sales, has come to the conclusion
that the air conditioning system, as proposed in the bid,
should be upgraded to a dual -compressor air conditioning
unit. The upgraded system will better accommodate the
anticipated loss of cool air due to the rear door opening
and closing for wheelchair access. This will provide the
passengers with a much more comfortable ride in the hot
summer months, and will be less of a strain on the vehicle.
The cost to the City, should the order be placed prior to
the manufacturing of the vehicles, will be $1,400 per
unit. If the City determines, after the vehicles have been
built according to the current specifications, that the
passengers would be better served with the upgraded air
conditioning unit, the cost would then be approximately
$2,045 per unit. The City would realize a total savings of
$1,290 on the two busses by ordering the air conditioning
units prior to manufacture.
Included with the price of the upgraded air conditioning is
a rear center brake light which would be activated every
time the driver stepped on the brake. Staff views the rear
center light as a safety issue; one which could potentially
prevent rear -end accidents. This feature does not come as
stock, however, the vendor is willing to include the light
with the upgraded air conditioning unit.
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Continued May 19, 1993
The $2,800 expense will be paid with Transportation
Development funds (TDA) which are available for this
project.
AUTHORIZED THE CITY MANAGER TO FILE ALL
APPLICATIONS WITH THE DEPARTMENT OF
TRANSPORTATION FOR GRANTS UNDER THE
URBAN MASS TRANSPORTATION ACT OF 1964,
AS AMENDED
RESOLUTION NO. 93-62
CC -50(b) The City Council adopted Resolution 93-62 authorizing the
CC -300 City Manager to execute and file all applications on behalf
of the City of Lodi with the U. S. Department of
Transportation to aid in the financing of all planning,
capital, training, and/or operating assistance projects.
The City of Lodi became eligible for Federal Transportation
Administration (FTA) funds in July 1991. The City is in
the process of submitting its first application to FTA to
obtain funding for the existing transportation program and
for future transportation projects. James Brown and
Associates, the City's transportation contractor, is
assisting the City with the appropriate documentation;
however, certain documents must be signed by an authorized
representative of the City of Lodi.
The City Manager is the logical individual to have as the
signature to the documents as he will be accessible to
staff and will be working directly with staff to confirm
that the application is complete and accurate.
PUBLIC HEARING SET FOR JUNE 2, 1993 TO
APPROVE SECTION 9 APPLICATION FOR
FEDERAL TRANSPORTATION FUNDS
CC -50(b) The City Council set a public hearing for June 2, 1993 to
consider the City of Lodi's Federal Transportation
Administration (FTA) Section 9 application for transit
needs.
The City of Lodi, became eligible, in July 1991, to receive
approximately $500,000 per year for Federal Transportation
funds. The City, to obtain the funds, must submit an
application to the Federal Transportation Administration
and to CalTrans. City staff, working in conjunction with
James Brown and Associates, has prepared the appropriate
application which will be submitted to FTA on June 10,
1993. Funding will be available to the City upon review
and approval of the application by FTA and CalTrans.
At the public hearing, the public will have the opportunity
to comment on the transit project. The hearing will
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Continued May 19, 1993
include consideration of the economic, environmental and
social aspects of the project and will be presented by
staff and Jim Brown and Associates.
PUBLIC HEARING SET FOR JUNE 16, 1993 TO
CONSIDER THE INTRODUCTION OF AN ORDINANCE
ADDING SECTION 10.52.080 TO LODI MUNICIPAL
CODE TO PROHIBIT THE PARKING OF COMMERCIAL
VEHICLES OPERATING DIESEL AND/OR AUXILIARY
ENGINES WITHIN 250 FEET OF A "RESIDENTIAL
DISTRICT", BETWEEN THE HOURS OF 10 P.M. AND
7 A.M. ON ANY STREET EXCEPT STATE HIGHWAYS
CC -48(a) The City Council set a public hearing for June 16, 1993, to
CC -149 consider the introduction of an ordinance adding Section
10.52.080 to Lodi Municipal Code (LMC) to prohibit
on -street parking of commercial vehicles operating diesel
engines and/or auxiliary engines within 250 feet of a
"residential district", between the hours of 10 p.m. and 7
a.m., on any street except State highways; and to approve
the method of sign placement for this restriction.
Auxiliary engines include but are not limited to truck
refrigerator units.
At the public hearing held on March 17, 1993, regarding
truck parking and truck travel on City streets, Council
elected to address the issues associated with this subject
on a case-by-case basis. These issues are:
Noise complaints on trucks legally parked near residences
- Sight obstruction complaints on trucks parking too close
to driveways and intersections
Truck travel complaints on various City streets
This is the first of three reports prepared on this subject
and deals with noise complaints received related to truck
parking. The two remaining issues will be reviewed at
future Council meetings. The following is a list of
locations where truck related noise complaints have been
received:
Mills Avenue - (west side) south of Turner Road, adjacent
to General Mills
- Stockton Street - (west side) from Mission Street to
Poplar Street, adjacent to PCP Cannery
Cherokee Lane - (east side) south of Kettleman Lane,
adjacent to Lodi Truck Service (1430 South Cherokee Lane)
Cherokee Lane - (east side) north of Almond Drive, in
front of Croce's Restaurant parcel
Walnut Street - (south side) east of Stockton Street,
adjacent to Safeway Grocery Store
Elm Street - (north side) west of Ham Lane, adjacent to
Lakewood Mall
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'.J Continued May 19, 1993
This list does not include complaints received at locations
where truck parking is illegal under the existing truck
parking ordinance. A map showing these areas was presented
to the City Council. Other areas where this problem could
occur are at any location where a "residential district"
abuts a nonresidential parcel, such as a commercial use.
To address this issue, Public Works staff and the City
Attorney drafted a new ordinance (LMC 10.52.080) designed
to reduce residents' exposure to truck noise by restricting
parked commercial vehicles from operating diesel or
auxiliary engines within 250 feet of a "residential
district". This restriction would be in effect everyday
between the hours of 10 p.m. and 7 a.m. and applies to all
on -street (public) parking within the City limits with the
exception of State highways. The ordinance does not
prohibit noise from commercial vehicles in the process of
being loaded or unloaded. Commercial vehicles operating
diesel or auxiliary engines on private property are also
not restricted.
The 250 -foot distance was chosen based on the distance it
would take to dissipate truck engine noise to an acceptable
level at the boundary of the "residential district".
Because each individual's tolerance to sound is different,
comparing the level of noise to human annoyance is
difficult to determine. The data used to determine the
distance used for this restriction was shown in an Appendix
presented to the City Council. The time limit used for
this restriction (10 p.m. to 7 a.m.) corresponds with the
existing noise ordinance described below.
Currently, there are two existing ordinances in Title 9,
"Public Peace, Morals and Welfare", of the Lodi Municipal
Code related to public nuisance and excessive noise. These
ordinances differ from the proposed ordinance because they
only allow citations to be issued to the individual
creating the offensive noise. Thus, citations for trucks
could not be issued until the driver of the truck was
located. The proposed ordinance would allow citations to
be placed on the vehicle.
The California Vehicle Code indicates that this type of
restriction shall not apply until signs or markings giving
adequate notice have been placed. Staff has reviewed the
following two signing methods for this restriction. These
methods and their advantages and disadvantages are shown
below with additional discussion following.
Method 1 - install signs at all major entrances to the
City. Provide warning period prior to issuing citations.
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Continued May 19, 1993
Advantages
Disadvantages
"Provides notice to truck drivers entering "Only truck drivers entering the
the City of these restrictions City would be exposed to signing
"Warning period allows truck drivers to "May be difficult to read since
become familiar with the restrictions it is a nonconforming sign
prior to receiving a citation
Method 2 - Install signs at all major entrances to the City
and specific locations where problems have been reported.
Advantages Disadvantages
-Provides double notice to truck drivers -Could confuse drivers by
entering the City and at complaint implying that the restriction
locations is not in effect at unsigned
locations
-High cost Of signing all
locations and "chasing the
problem around town
Discussion/Recommendation: The proposed truck noise
ordinance was designed to work in conjunction with the
existing commercial vehicle parking ordinance (LMC
10.52.050). The existing ordinance restricts commercial
vehicle parking in "residential districts" at all times of
the day. In combination with the proposed ordinance, they
will resolve the majority of truck parking problems related
to noise at or near residences. Of the six locations on
which we have received complaints, the proposed ordinance
will resolve the problem at all locations except on
Cherokee Lane, adjacent to Lodi Truck Service. Staff
believes this to be a rare incident since this is an
isolated single-family residence surrounded by commercial
and industrial uses. This restriction is also easy to
enforce because a decibel reading is not required. The
specified distance can also be easily measured since zoning
boundaries which follow property lines are generally
distinguishable in the field. The only concern staff has
regarding this restriction is that noise problems could
continue to occur if truck drivers park in this area when
the noise ordinance is not in effect and leave during the
restricted time, before enforcement can arrive at the
scene. This problem can be remedied by restricting parking
within 250 feet of a "residential district" at all times;
however, an all -day restriction is not recommended based on
the reason indicated below.
Staff has received a citizen request to extend the time
limit on this restriction to be in effect at all times.
While this would be beneficial to those residents who sleep
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during the day, there would be a problem at locations where
businesses are located within 250 feet of a "residential
district". At these locations, commercial vehicles would
not be allowed to park at any time in front of restaurants
or stores within the restricted distance of a "residential
district" with engines or refrigerator units operating.
This problem would occur on Cherokee Lane, Lodi Avenue,
Turner Road and many other locations. Since the needs of
truck drivers should be balanced with the needs of the
community, staff does not feel it is appropriate to
restrict truck parking all day. Also, as previously
discussed, the existing commercial vehicle parking
restriction will continue to be in effect all day.
When considering signing for a restriction, in general, the
more signs posted the better compliance will be. However,
due to the type of restriction, staff does not feel that is
true in this case. Posting signs at problem areas as well
as major entrances to the City would provide additional
notice to drivers; however, it would also imply that
parking in unsigned areas is legal. This could be a
problem where unsigned areas and signed areas meet.
Depending on the specific location, parking in these
unsigned areas may or may not be legal. The only way to
totally alleviate this confusion is by posting signs at
every location where the restriction applies, which is not
practical. Also, since this restriction is similar to the
existing truck parking ordinance, signing individual
locations for either or both of these restrictions could be
confusing to drivers since the restrictions are different.
Staff feels that a better solution would be to place signs
only at the major entrances to the City, displaying both
the parking and noise restrictions. Staff will prepare an
information sheet describing the allowable parking areas.
Because individual locations will not be signed, it may be
desirable to provide a warning period prior to issuing
citations to allow drivers to become familiar with the
restriction. If enforcement is not effective at a
particular location, an alternate method of restriction,
such as the installation of no -parking zones, can be
considered.
Based on these factors, staff recommended that Council set
a public hearing to consider the introduction of an
ordinance adding Section 10.52.080 to Title 10 of the Lodi
Municipal Code with the restriction applying everyday
between the hours of 10 p.m. to 7 a.m. Staff also
recommended the approval of signing Method 1 (installing
signs only at the major entrances to the City).
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Continued May 19, 1993
ACCEPTED IMPROVEMENTS UNDER WELL #11-R ENCLOSURE,
824 EAST TURNER ROAD, CONTRACT
CC -90 The City Council accepted the improvements under the "Well
#11-R Enclosure, 824 East Turner Road" contract, and
directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
The contract was awarded to H. Max Lee, Inc., of Lodi on
August 19, 1992, in the amount of $66,994.00. The contract
has been completed in substantial conformance with the
plans and specifications approved by the City Council.
The contract completion date was May 4, 1993, and the
actual completion date was May 4, 1993. The final contract
price was $67,602.40. The difference between the contract
amount and the final contract price is mainly due'to an
increase in the square footage of the concrete work for the
driveway.
PROGRAM SUPPLEMENT TO LOCAL AGENCY -STATE
AGREEMENT FOR TRAFFIC SIGNALS AT TURNER
ROAD AND STOCKTON STREET/MIWOK DRIVE, AND
KETTLEMAN LANE AND CENTRAL AVENUE APPROVED
RESOLUTION NO. 93-63
CC -48(h) The City Council adopted Resolution No. 93-63 approving
CC -90 Program Supplement No. 35 to the Local Agency -State
CC -300 Agreement and authorized the City Manager and City Clerk to
execute the agreement on behalf of the City.
This agreement covers the use of Federal Surface
Transportation Program (STP) funds for the installation of
the traffic signals at Turner Road and Stockton
Street/Miwok Drive, and Kettleman Lane and Central Avenue.
The Federal funds will cover 100V of the preliminary
engineering, construction and construction engineering, up
to a total of $215,000. After the bids are received, if
additional money is needed, it will be requested from the
Street Impact Mitigation Fees.
The plans and specifications for this project are being
advertised with bid opening scheduled for May 26, 1993.
RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT APPROVED
CC -90 The City Council approved renewal of the Landscape
Maintenance Contract and authorized the City Manager and
City Clerk to execute the renewal of the contract for the
1993/94 fiscal year to Ireland Landscape Company, Inc. of
Stockton.
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Ireland Landscape Company, Inc. has maintained 44
landscaped areas within the City and White Slough during
the 1992/93 fiscal year and have provided satisfactory
service. In their letter dated January 20, 1993, they have
agreed to maintain the existing areas at no increase in
rate for additional 12 months, July 1, 1993 through June
30, 1994. Ireland Landscape Company, Inc. has also agreed
to maintain one (1) new area during the same period of time
at the rate of $25 per month. The contract has been
renewed two times. 1990 was the last time the contract was
bid. The contract cost for the 1993/94 fiscal year,
including the new area, is $42,593.28.
Staff also requested that by mutual consent, the City and
the contractor enter into an agreement for an annual
extension of the contract, with the approval of the City
Council.
Funds to finance the contract were included by various
departments in the 1993/94 operating budget.
RECEIVED POLICE OFFICERS ASSOCIATION OF
LODI MEMORANDUM OF UNDERSTANDING (MOU)
1992-1993
CC -34 The City Council received for filing the Police Officer
Association of Lodi's Memorandum of Understanding (MOU)
1992-1993.
AGENDA ITEM PULLED FROM THE AGENDA
Agenda item #E-15 entitled, "Receive General Services Unit
Memorandum of Understanding (MOU) 1992-1994" was pulled
from the agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
ON NON -AGENDA ITEMS City Council Members" segment of the agenda:
LODI DAY AT THE STICK
Council Member Snider informed the public that the tickets
for the Annual "Lodi Day at the Stick" to be held on May
22, 1993 were sold out and reminded everyone to bring
clothes for all kind of weather.
COMMENT REGARDING PROPOSED CUT IN SALES TAX
CC -6 Council Member Mann wished City Manager Peterson a "Happy
CC -21(b) Birthday". Mr. Mann reported that he recently attended a
meeting with Senator Johnston regarding the State's
proposed cut in sales tax to local City's and how it will
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Continued May 19, 1993
o7.�s
effect the justice system in Lodi (crimes not being
prosecuted) and urged his opposition to this. Mr. Johnston
agreed that the cut is large, but supports it regardless.
Mr. Mann urged the citizens to contact Johnston to express
their support of the continued funding of law and justice.
In response to the funding for law and justice, City
Manager Peterson and Police Chief Hansen commented on the
recent San Joaquin County Board of Supervisors Board
meeting they attended in which they presented the City
Council's Resolution urging the Board of Supervisors to
continue funding of law and justice in the County and to
support the County's efforts to retain property tax revenue.
COMMENT REGARDING THE RECENT SPECIAL MEETING
HELD ON THE EAST SIDE
CC -2(s) Council Member Mann expressed his feeling that the Special
CC -6 Council meeting to discuss the East Side which was held on
May 12, 1993 was very successful. Mr. Mann feels that
something needs to be done about the problems on the East
Side - follow through on enforcement of the "ugly
ordinance", take back the neighborhoods, crack down on gang
violence, etc.
SEVERAL COMMENTS MADE BY COUNCIL MEMBER DAVENPORT
CC -6 Council Member Davenport commented on the following
CC -21(b) matters: (1) thanked the citizens for the many letters of
support he has received; (2) commented on the success of
the recent Crime Prevention Fair; (3) informed the public
that the Public Works Department had its breakfast that
morning, which was very enjoyable, and the City Council did
some of the cooking and serving; (4) received a survey
regarding the number of crimes in Lodi and will make that
available to the public and to the newspapers if they are
interested; (5) recently received a letter from residents
on Murray Street regarding golf balls from the Cherokee
Lane driving range being hit into their yards; (6) urged
the citizens to contact their local representatives to urge
the support of funding of law and justice; (7) would like
to receive a response regarding the request of the Veterans
of Foreign Wars to fly the flag at half-mast when a veteran
passes away; (8) commented that he has been told that the
Executive Sessions are confidential and cannot be
discussed; however, he is hearing that members of the
public are aware of some of this confidential material and
he does not want to be held responsible; and (9) made
several comments regarding the possible layoffs of City
employees and the excessive amount of overtime hours and
feels that there are other alternatives that can be
explored. Mr. Davenport also felt that the City Clerk does
not need to attend out -of -State training, especially during
these tough financial times, and that the City Council
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G
V Continued May 19, 1993
should look at the City employee's recommendations in
cutting the budget and start implementing those ideas now.
City Manager Peterson commented that the City is currently
looking at alternatives to layoffs and have begun sessions
with the various employee groups.
CONCERNS EXPRESSED REGARDING HIRING FREEZE,
OVERTIME HOURS
CC -6 Council Member Sieglock agreed with Mr. Davenport that he
CC -21(b) would also like to see a hiring freeze; however, there are
some classifications that will need to be filled. He, too,
is concerned about the number of overtime hours and has
been meeting with the Finance Director to discuss this
situation. Council Member Sieglock extended his
appreciation to the East Side Improvement Committee on the
tour it gave of the East Side area prior to the May 12,
1993 Special Council meeting regarding the East Side and
commented on a recent tour he and the Mayor took on
Sacramento Street one evening.
4
UPDATE ON BUDGET
CC -6 Mayor Pennino informed the public that ten notices had
CC -21(b) been sent out to employees that their positions may be
eliminated and ten additional positions are currently
vacant. Mr. Pennino stressed that at this time these
positions are only recommended and they will be discussed
in detail during the budget sessions in June. The Mayor
announced that the off -Wednesdays in June will be used to
discuss the budget.
OPPOSITION VOICED REGARDING CUTTING THE
STREET SWEEPING PROGRAM
CC -6 Council Member Davenport expressed his opposition to
CC -21(b) cutting the Public Works street sweeping program and feels
that a cut could be made instead in the Water Conservation
Program.
Pursuant to Council's request, City Manager and Police
Chief Hansen addressed the overtime issue and some of the
reasons for the excess amount in overtime hours. The City
Manager was directed to bring back a report with the
breakdown of the overtime hours.
REVIEW OF WEEKEND'S EVENTS
Mayor Pennino told the public that there were many events
held in the City of Lodi last weekend, including, Walk For
the Health of It, Tokay High School Karate tournament, swim
meets at the high schools, dancing at the Armory, and the
Crime Prevention Fair, and welcomed the Good Sams to Lodi.
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Continued May 19, 1993
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COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
COMPLAINT REGARDING METHOD AND TIME OF
DELIVERY OF LETTER TO COUNCIL MEMBER
DAVENPORT
CC -6 Jean Davenport, 445 Almond Drive #45, Lodi, questioned
CC -16 the Mayor why the letter from Residents United For Fairness
(R. U. F. F.) regarding request for termination of City
Manager Peterson was delivered to their house at 2:00 a.m.
and why were they not telephoned instead.
Police Chief Hansen publicly apologized for the lateness of
the delivery of the letter. The Officer tried to make
earlier contact and was unsuccessful, and used poor
judgement.
OPPOSITION TO RECALL VOICED
CC -16 George Newmarch, P.O. Box 355, Lodi, expressed his
CC -18 opposition to the recalls and urged the citizens not to
sign any petition to save the City money in special
election costs.
"FRIENDS OF TOM (F. O. T.)"
CC -6 Bryan Stamos, 1935 Carmel Circle, Lodi, made several
CC -16 comments alleging that there is a "Friends of Tom"
organization and stated he felt the City Manager should be
terminated.
OPPOSITION TO RECALL
CC -16 Colleen Dixon, 333 Hilborn, Lodi, commented on her
CC -18 opposition to the recalls and urged the citizens not to
sign the petitions.
SERVICE OF A NOTICE OF INTENTION TO RECALL
CC -16 Clayton Henson, P.O. Box 591, Valley Springs, made several
CC -18 comments: (1) presented Council Member Mann with a Notice
of Intention to Recall (Note: This Notice of Intention to
Recall Council Member Mann served by Mr. Henson apparently
was a hoax.); (2) would like the Mayor to be consistent
with his regulations; (3) questioned the relationship
between Mr. Peterson and Mr. Jones with the Grand Jury.
15
Continued May 19, 1993
THANKS EXPRESSED FOR ASSISTANCE WITH THE
SHRINERS' CIRCUS
John Young, 500 East Lodi Avenue, Lodi acknowledged
Virginia Lahr, Virginia Snyder and Paula Soto for their
assistance in the bus trip they arranged to take 49
children to the Shriners Circus. The Lodi High 12 Club and
the Ben Ali Shriners donated the buses and it was a fun,
successful event.
COMPLAINT REGARDING REFUSE SYSTEM
CC -16 Stan Harkness, 700 Cardinal Street, Lodi, complained about
CC -22(b) the garbage cans blocking the sidewalks creating a
CC -54 dangerous situation. Mr. Harkness would like something
done about this, and according to the Municipal Code, it is
violating City of Lodi codes.
REQUEST FOR SUPPORT OF THE LODI COMMUNITY CENTER
CC -6 Paula Soto, 19361 North Jacktone, Lockeford; Jeff Cobb, 446
Cedar Court, Lodi; Delores Sanchez, 122 Adobe Court, Lodi;
Tony Castellon, 446 Cedar Court, Lodi; and Mary Enriquez,
537 Kirst, Woodbridge, all spoke on the budget cuts the
Lodi Community Service Center is facing. It is losing one
person from its two -person staff which will affect many of
its programs and will hurt the Spanish-speaking community.
It was strongly urged that citizens volunteer at the
Service Center and support the Center's efforts.
SUPPORT FOR CAMP HUTCHINS
CC -21(b) Cheryl Daijogo, 457 East Augusta, Woodbridge, expressed her
CC -27(e) support for Camp Hutchins remaining operational and would
prefer to see salary cuts instead of layoffs.
COMMENT REGARDING MAYOR'S QUOTE IN NEWSPAPER
CC -6 John Engman, 823 Sylvia Drive, Lodi, commented On the
CC -16 Mayor's quote in the Lodi News Sentinel, "Lodi is envied
not only by other Californians but individuals from all
over the world", and feels that Lodi is not known by many
people as the Mayor believes.
CRIME PREVENTION FAIR A SUCCESS
CC -152 Larry Hansen, Lodi Police Chief, commented on the success
of the recent Crime Prevention Fair and presented the City
with checks totaling $2,018.50 from selling recovered items
at the Fair, which will go into the City's General Fund.
Police Chief Hansen acknowledged Ron Tobeck, Mary Fuhs and
Jeannie Biskup for their hard work putting on the event,
and informed the public that the Fair is now
self-sufficient and no longer needs funding from the City.
16
Continued May 19, 1993
INTRODUCTION OF RESIDENTS UNITED FOR
FAIRNESS (R.U.F.F.)
CC -6 Adam Dados, 1101 Junewood Drive, Lodi, informed the public
CC -18 that 'a committee has been formed for the recall of Council
Members Pennino, Sieglock and Snider called Residents
United for Fairness (R. U. F. F.) and gave the following
numbers for citizens to contact if they are interested:
333-0777, 368-2269 and 334-3163.
RESPONSE TO MR. HENSON'S QUESTION
REGARDING RELATIONSHIP BETWEEN CITY
MANAGER AND MR. JONES OF THE GRAND JURY
CC -6 Bob Johnson, 1311 Midvale Road, Lodi, responded to Clayton
Henson's comments regarding the relationship between City
Manager Peterson and Mr. Jones of the Grand Jury. Mr.
Johnson informed the Council that it was he who wrote to
the Grand Jury urging it to investigate Mr. Davenport's
residency.
COMMENTS REGARDING SEVERAL DIFFERENT MATTERS
CC -6 Arlene Farley, 2121 Scarborough Drive, Lodi commented on
the following matters: (1) that it is common courtesy to
remove one's hat indoors; (2) complimented the Mayor in
following orders during the meetings even though it may be
very difficult at times; (3) she has written one letter to
the paper regarding the residency of Council Member
Davenport; (4) thanked the people who have supported her;
(5) commented that in all of her dealings with the City she
has always received help from staff and has never had a
problem with City Hall.
SUPPORT OF CAMP HUTCHINS
CC -21(b) Lita Wallad, 650 North Roper, Lodi, spoke in support of
CC -27(e) Camp Hutchins and does not want to see it closed.
COMMENTS REGARDING POLICE DEPARTMENT AND
LAW AND JUSTICE FUNDING
CC -6 Frank Alegre, 2000 Edgewood Drive, Lodi, commented that the
CC -21(b) City Council Members and City staff are good people and the
recall is a great waste. Mr. Alegre also expressed his
opinion that the Police Department be more streamlined to
get more officers on the street and urged the citizens to
talk to Congress to continue to fund law and justice.
SUPPORT OF CAMP HUTCHINS
CC -21(b) Steve Pechin, 501 Black Oak Way, Lodi, spoke in support of
CC -27(e) Camp Hutchins.
17
,✓ Continued May 19, 1993
ANNOUNCEMENTS BY CITY MANAGER
CC -6 City Manager Peterson announced that the City of Lodi and
CC -400 Delta College has worked together to create a booklet on
CC -27(c) how_ to start a small business in Lodi. Mr. Peterson
acknowledged Maxine Cadwallader, Revenue Manager, for her
efforts on this project.
Mr. Peterson also announced that Hale Park is open. A
portion of the park is still fenced so the grass may be
reseeded.
Further, Mr. Peterson assured the City Council, staff and
the community that he has no intention of resigning as City
Manager.
RECESS Mayor Pennino called for a ten-minute recess and the City
Council meeting reconvened at approximately 9:41 p.m.
PUBLIC HEARINGS
CONTINUED PUBLIC HEARING TO CONSIDER 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
CC -53(b) Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Pennino called for the continued
Public Hearing to consider 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.
City Manager Peterson announced that there was no need to
hear this matter, because the appeal had been withdrawn.
CONTINUED PUBLIC HEARING TO CONSIDER THE
APPEAL RECEIVED FROM CHRIS KESZLER
REGARDING THE PLANNING COMMISSION'S DENIAL
OF HIS REQUEST FOR A GENERAL PLAN AMENDMENT
TO REDESIGNATE A PORTION OF THE PARCEL
LOCATED AT 451 EAST TURNER ROAD (APN 015-230-28)
FROM P -R, PLANNED RESIDENTIAL TO NCC,
NEIGHBORHOOD/COMMUNITY COMMERCIAL AND TO
PREZONE THE PARCEL C -S, COMMERCIAL SHOPPING
ORDINANCE NO. 1577 INTRODUCED
CC -53(b) Council Member Snider abstained from discussion and voting
CC -149 on this matter.
18
Continued May 19, 1993
..:::7a �Kl
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Pennino called for the continued
Public Hearing to consider appeal received from Chris
Keszler regarding the Planning Commission's denial of his
request for a General Plan Amendment to redesignate a
portion of the parcel located at 451 East Turner Road (APN
015-230-28) from P -R, Planned Residential to NCC,
Neighborhooa/Community Commercial and to prezone the parcel
C -S, Commercial Shopping.
Community Development Director Schroeder presented the
following report.
The Wine and Roses Country Inn is located adjacent and to
the east of the proposed shopping center site. The
shopping center developer and the owners of the inn
proposed to integrate the two uses into a compatible site
plan.
The Commercial zoning at the northwest corner of Turner
Road and Woodhaven Lane was originally approved to
accommodate the country inn. Shopping center development
was not proposed at that time.
On March 1, 1989 the City Council denied a General Plan
Amendment and rezoning for a shopping center on a 9.6 acre
site at the southwest corner of the Turner Road and
Woodhaven Lane -Lower Sacramento Road intersection (i.e.
site of MCI building).
Section 17.84.050 of the Lodi Municipal Code provides as
follows:
"Disapproval Recommendation - Appeal to
Council. If the report of the Planning
Commission recommends disapproval of the
proposed change or amendment or
reclassification, the applicant upon
notification of such action may, within
twenty days thereafter, appeal to the City
Council. After public hearing with due
notice as provided in this chapter the City
Council may by a four-fifths vote of the
entire council grant an appealed application
and adopt by the vote an ordinance effecting
such proposed changes or portions thereof."
The City Council may approve the General Plan amendment
with a simple majority. However, the prezoning to C -S,
Commercial Shopping, requires a four-fifths vote of the
entire council.
19
U Continued May 19, 1993
The section of the Planning Commission Minutes of March 22,
1993 which deals with these requests was presented for the
City Council's information.
This public hearing was continued from the Regular Session
of May 5, 1993 at the request of the applicant's attorney,
Ronald M. Stein.
Following this report, Craig Rasmussen, Vice Chair of the
Planning Commission and Jim Griffith, Commissioner of the
Planning Commission, presented the Planning Commission's
reasons for denial in this matter and answered several
questions from the City Council. Assistant City Engineer
Prima answer several questions regarding traffic concerns.
The Mayor opened the hearing to the public and asked the
proponents of the matter to make its presentation first.
Speaking on behalf of the proponents were the following:
a) Ron Stein, 5345 North E1 Dorado, Stockton;
b) Fred Baker, 317 West Lodi Avenue, Lodi;
c) Kris Cromwell, 2505 West Turner Road, Lodi;
d) Del Smith, 2505 West Turner Road, Lodi;
e) Johnathan Flecker, Flecker Engineering; Lodi;
f) Rick Weddle, 4346 St. Andrews Drive, San
Joaquin Partnership; and
g) Ron Bernasconi, 312 Evergreen Drive, Lodi.
Further, the following persons spoke regarding the matter:
a) Frank Alegre, 2000 Edgewood Drive, Lodi
(support);
b) Ron Addington, 920 West Oak Street, Lodi
(support);
c) Helen Stevens, 616 West Turner Road, Lodi
(oppose);
d) Kristy Phillips, 2210 West Woodbridge Road,
Lodi (oppose);
RECESS Mayor Pennino called for a ten-minute recess and the City
Council meeting reconvened at approximately 12:08 a.m.
Mayor Pennino continued with public testimony regarding the
public hearing to consider the appeal received from Chris
Keszler.
20
Continued May 19, 1993
e) Bob Green, 340 West Kettleman Lane, Lodi
(oppose);
f)
Bruce Salisbury, 2401 West Turner Road, Lodi
(oppose);
g)
Ed White, representing Raleys, 311 North
Lower Sacramento Road, Lodi (oppose);
h)
Eileen St. Yves, 310 South Orange #60, Lodi
(support);
i)
Dana Smith,_ 211 South Avena Avenue, Lodi
(support);
j)
Zola Liner, 1702 Windjammer Court, Lodi,
(support);
k)
James Rankin, 574 Yellowstone, Woodbridge
(oppose);
1)
Tom Gau, 2336 Eilers Lane, Lodi (oppose);
m)
Janet Pruss, 2421 Diablo Drive, Lodi (asked
for a clarification on the minutes of the
Planning Commission meeting);
n)
Ken Cantrell, 2334 St. Anton Drive, Lodi
(oppose); and
o)
Buck Lucas, 18196 North Davis Road, Lodi
(oppose).
Mr. Stein
then presented a brief summary, and Mayor Pennino
closed the
public portion of the hearing.
Following a very lengthy discussion, the City Council, on
motion of Mayor Pennino, Mann second, unanimously approved
the request of Chris Keszler for a General Plan Amendment
to redesignate a portion of the parcel located at 451 East
Turner Turner Road (APN 015-230-28) from P -R, Planned
Residential to NCC, Neighborhood/Community Commercial with
the agreement to include a hold harmless clause in the
event that an Environmental Impact Report (EIR) may be
required on the project (Council Member Snider abstained
from discussion and voting on this matter).
Further, the City Council, on motion of Council Member
Mann, Pennino second, unanimously introduced Ordinance No.
1577 entitled, "An Ordinance of the Lodi City Council
Amending the Land Use Element of the Lodi General Plan by
Redesignating a Portion of the Parcel Located at 451 East
Turner Road (APN 015-230-28) From P -R, Planned Residential,
To NCC, Neighborhood/Community Commercial and to Prezone
21
Continued May 19, 1993
the Parcel C-2, Commercial Shopping, with a Condition
Relating to School Facilities Funding" (Council Member
Snider abstained from discussion and voting on this matter).
MEETING TO CONTINUE FOLLOWING 11:00 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council needs a
4/5 vote to continue with the remainder of the meeting
after the 11:00 p.m. hour.
On motion of Council Member Davenport, Pennino second, the
City Council unanimously approved to continue with the
remainder of the meeting.
COMMUNICATIONS
(CITY CLERK)
REPORTS Under Reports, the City Council heard the following:
CC -35 The Planning Commission report of May 10. 1993:
a. Continued consideration of the request of Benjamin and
Y
i Carmelita Pineda for a use permit to operate a 15 -bed board
and care home for adults at 458 Almond Drive in an area
zoned R -MD, Medium Density Multiple Family Residential
until Monday, May 24, 1993 because no one was present to
represent the applicant.
b. Approved the request of the Women's Center of San Joaquin
County for a use permit to operate a counseling center at
29 South Washington Street in an area zoned R-1*,
Single -Family Residential - Eastside.
C. Continued discussion of the on -premise portion of the sign
restrictions.
d. Reviewed Site Plan and Architectural Review Committee
(SPARC) responsibilities.
REPORT REGARDING ALCOHOLIC BEVERAGE CONTROL
LICENSES - SOUTH CENTRAL AVENUE BETWEEN
EAST LODI AVENUE AND EAST VINE STREET
CC -7(f) Community Development Director Schroeder presented the
following report for the City Council's information.
At its meeting of May 5, 1993 the City Council directed the
City Clerk's office to correspond with the Department of
Alcoholic Beverages and ask for a time extension on the
issuance of an off -sale beer and wine license at 845 South
Central Avenue. This action was taken based on concerns
expressed by citizens about the number of alcoholic
beverage licenses in the area.
22
Continued May 19, 1993
The City Council also asked the Community Development
Department to determine the number of establishments
selling alcoholic beverages on South Central Avenue between
East Lodi Avenue and East Vine Street. It appears that the
following presently have off -sale beer and wine licenses:
1.
Doe Hermanos Market
603, South Central Avenue
(at Elm Street)
2.
California Gourmet Deli
620 South Central Avenue
(at
Tokay Street)
3.
H and L Market
844 South Central Avenue
(at
Vine Street)
off -sale
beer and wine licenses are
pending at the
following
addresses:
1.
Proposed convenience market
301 South Central Avenue
(at
Lodi Avenue)
2. La Chiquita Meat Market (at Vine Street)
4
It was directed that a copy of the letter that was sent to
the Department of Alcoholic Beverage Licenses regarding La
Chiquita Meat Market be sent to the owners of this
establishment.
REGULAR CALENDAR
ISSUANCE OF TAX REVENUE ANTICIPATION NOTE APPROVED
RESOLUTION NO. 93-61
CC -21(a) Finance Director Flynn presented the following report.
CC -300
The League of California Cities and the California State
Association of Counties have joined together to provide a
Pooled Tax and Revenue Anticipation Note Program. The
program is being offered through the California Statewide
Communities Development Authority, a joint powers authority
established to assist California communities with financing
programs. Upon becoming a member of the California
Statewide Communities Development Authority, the City of
Lodi will be able to participate in the California Cash
Flow Financing Program for Fiscal Year 1993-94. The
advantages of this financing program include:
° Reduced issuance expenses because expenses
are shared.
° The ability to attain the highest short term
credit rating available through the Joint
Powers Authority issuing structure.
23
_7C
Continued May 19, 1993
•%
° Increased market access resulting in lower
interest cost.
° Effective and efficient standardized
documentation and credit criteria.
° Streamlined issuance process resulting in
less work for the City.
TAX REVENUE ANTICIPATION NOTES
Tax and Revenue Anticipation Notes (TRANs) are issued to
eliminate cash-flow deficits in the general fund and other
restricted funds before receipt of taxes and other revenues
during the same fiscal year. In addition to eliminating
cash-flow deficits, benefits include: (1) increased cash
balances available for investment; (2) interest rates on
TRANs are typically 1.5$ to 4* below available reinvestment
rates; and (3) the difference between the borrowing rate
and the reinvestment rate can be retained.
In the present fiscal crises faced by California cities,
Tax and Revenue Anticipation Notes are becoming
increasingly popular as a means to raise revenues. This is
the only financing vehicle which the Federal and State
government allow local agencies to retain investment
earnings from borrowed monies.
FINANCING TEAM
Following a competitive bid process, CSCDA assembled a
financing team to be managed by Sutro & Co. Incorporated,
acting as the managing underwriter of the program. Sutro
has considerable experience working with issuers of Tax and
Revenue Anticipation Notes and pioneered pooled TRANS
programs in California.
Orrick Herrington & Sutcliff will act as bond counsel for
the program. Orrick is a nationally recognized law firm
which specializes in tax exempt municipal finance, is the
largest such law firm in California, and has considerable
experience in the area of pooled TRANs programs.
HB Capital will serve as Financial Advisor for the CSCDA
program and will coordinate the efforts of the financing
team, and the League of California Cities.
LEGAL STRUCTURE
Each participant in the CSCDA program will issue an
individual note obligation. The note obligation must be
authorized by resolution of the City Council as directed by
Article 7.6, Chapter 4, Part 1, Division 2, Title 5 under
Section 53580 of the California Government Code. The City
24
Continued May 19, 1993
will be responsible for the repayment of its note
obligation and has no responsibility for the repayment of
notes issued by other participants in the program. The
following timetable has been adopted by CSCDA for
participants:
Date Action
April City completes Credit Questionnaire
and prepares case flow statements.
April -May City Council approval.
May 31, 1993 City completes Closing Questionnaire.
June Establish interest rate, prepare and
sign closing documentation.
July 1, 1993 Closing and delivery of funds to City.
DOCUMENTATION REQUIRED BY CSCDA
Presented to the City Council was an exhibit entitled,
"Amended and Restated Joint Exercise of Powers Agreement
Relating to the California Statewide Communities
Development Authority" which must be approved by the City
Council and signed by the Mayor.
Another exhibit that was presented was the model "Local
Agency Resolution" required by Bond Counsel and which must
be approved by the City Council at the scheduled meeting
May 19, 1993 and signed by the Mayor.
Another exhibit was the "Indenture" by and between the U.S.
Trust Company of California, N. A. and the California
Statewide Communities Development Authority provided as
information only. The Indenture will be completed by CSCDA
July 1, 1993. No action is required by the City.
The final exhibit was the "Purchase Agreement" which will
be completed in June after pricing. No action needed at
this time but will require the signature of the Mayor in
late June.
ANALYSIS
Due to the uneven pattern of revenues and expenditures in
the General Fund, the General Fund periodically has a cash
deficit. This necessitates the internal borrowing from
other funds, which in turn lowers the interest income to
the City.
25
Continued May 19, 1993
This situation is common among municipal governments. An
increasing practice among cities is to issue and Tax and
Revenue Anticipation Note (TRAM). The TRAM can be issued
for an amount that will alleviate the deficit in the
General Fund. The use of a TRAM recognizes that the
deficit is only a temporary condition caused by the
difference in revenues and expenditures and that the
General Fund will be able to provide for the payback before
the end of the fiscal year.
The advantage of using a TRAN as opposed to internal
borrowing is that the City can sell the TRAM at a lower
interest rate than the City is earning on its investments.
Although driven by market conditions, the net income to the
City should be roughly 2* of the outstanding TRAM. If the
City issues a TRAN for $4 million, the additional interest
income to the General Fund will be $65,000 which is not
subject to rebate.
FISCAL IMPACT
The proposed TRAM will be issued for a period of 12
months. The General Fund will recognize interest income to
the extent that interest earnings exceed interest expense
and issuance cost. Staff expects that this will be
approximately $65,000.
Following a lengthy discussion, the City Council, on motion
of Council Member Mann, Snider second, adopted Resolution
No. 93-61 authorizing the Mayor to enter into an agreement
with the California Statewide Communities Development
Authority (CSCDA) to issue "Tax and Revenue Anticipation
Notes" (TRANS) by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
PROPOSAL TO HAVE THE SAN JOAQUIN COUNTY
REGISTRAR OF VOTERS OFFICE TAKE
RESPONSIBILITY FOR RECALL PROCEDURES
RESOLUTION NO. 93-66
CC -6 City Clerk Perrin presented the following report.
CC -18
CC -300 On May 10, 1993, a message was received from Mr. Adam Dados
requesting that the City Clerk authorize the San Joaquin
County Registrar of Voters to handle the recall procedures
for Council Members Davenport, Pennino, Sieglock and
Snider. Mr. George Cunningham, Registrar of Voters, has
26
Continued May 19, 1993
offered to handle the recall proceedings if we so choose
(see letter below).
"In the event the City of Lodi were to request the office
of the Registrar of Voters to perform the duties of the
Lodi City Clerk with regard to recall filings and
elections, the office of the Registrar of Voters would
consent. The cost of receiving and processing the
appropriate papers would be minimal.
The cost of checking signatures is an additional expense.
The cost of a special election is of course substantial.
FPPC filings should remain with the City Clerk"
The cost for the County Registrar of Voters Office to
handle the recall procedures is minimal and it would be in
addition to the costs of a Special Election which would
come from the Election Account.
Speaking in favor of giving the authority to the San
Joaquin County Registrar of Voters Office was the following
person:
a) Adam Dados, 1101 Junewood Drive, Lodi.
On motion of Council Member Snider, Davenport second, the
City Council adopted Resolution No. 93-66 authorizing the
San Joaquin County Registrar of Voters to handle the duties
related to the recall procedure by the following vote:
Ayes: Council Members - Davenport, Mann, Snider and
Pennino (Mayor)
Noes: Council Members - Sieglock
Absent: Council Members - None
REQUEST BY ALL STATE PACKERS, INC.,
6011 EAST PINE STREET, FOR ADDITIONAL
WATER SERVICE FOR FIRE PROTECTION
CC -183(0) Public Works Director Ronsko presented the following report.
The City of Lodi received the following letter from All
State Packers, Inc., dated November 23, 1992, requesting
additional water service exclusively for fire protection.
"My name is Peter Craig. I am the Operations Manager for
All State Packers, Inc. All State Packers is located at
6011 East Pine Street; just past the Lodi traction line on
the property north of Pine and paralleling the City limits
boundary, between Pine Street and Victor Road.
27
/ Continued May 19, 1993
We currently have City water for domestic use. I would
like to petition the City for additional water for the sole
purpose of fire protection. Our past expansion, plus any
future expansions, depend on our having a reliable source
of water.
Upon approval, we will install hydrants per the Uniform
Fire Code and located in accordance with Mokelumne Rural
Fire District's regulations.
Thank you for your consideration in this matter."
Presented for Council's review was subsequent
correspondence relating to this matter. (December 8, 1992
letter; March 29, 1993 letter; and April 26, 1993 letter).
The City Code reads as follows with respect to providing
water service outside the City limits.
13.08.020 Rates outside City.
The City will not normally serve water
outside the City limits. In those cases
where it is authorized by the City Council,
the rates shall be established by
resolutions of the City Council. (Ord. 1333
Section 1 (9) (I), 1984: Prior Code Section
26-2).
The above City Code section requires that the City Council
authorize any service outside the City limits.
The City of Lodi is presently serving All State Packers,
Inc. with a 4" metered domestic water service and has for
over 20 years. Their current rate is 1-1/2 times the rate
of metered customers within the City limits. This rate has
been a standard practice for several customers (4) outside
the City limits. However, there is no monthly charge for
any customers that have fire protection services.
Serving All State Packers, Inc. with a second water service
for fire protection should be conditioned upon the
following requirements:
1. All State Packers, Inc. agree to all
applicable conditions of the Lodi City Code
related to water service, cross connection,
water conservation, etc.
2. All State Packers, Inc. pay any future fire
service rate established by City Council
(currently no fee is existing).
28
Continued May 19, 1993
3. All State Packers, Inc. pay the appropriate
water impact fee based on the acreage being
served. The current fee is $1,480 per
acre.
4. All State Packers, Inc. pay $4,315 for work
performed by City forces to make available
the actual connection point.
5. All State Packers, Inc. understands that
their status will be that of any other water
customer of the City. No special
relationship is created hereunder.
All State Packers, Inc. has agreed to the above conditions.
If the City agrees with this request, staff will prepare a
letter -type agreement covering the above items.
Speaking on the matter was Peter Craig, 19300 Wilderness
Way, Woodbridge, on behalf of All State Packers, Inc.
The City Council, on motion of Council Member Snider, Mann
second, unanimously approved the request by All State
Packers, Inc., 6011 East Pine Street, Lodi, for additional
water service for fire protection.
PRESERVATION OF RETIREMENT BENEFITS
RESOLUTION NO. 93-64
CC -34 Personnel Director Narloch presented the following report.
CC -300
The condition of the economy has led many agencies to
search for ways to cope with shrinking budgets. One
alternative the City of Lodi may wish to consider is a
temporary reduction of the salary or work hours of some or
all of its employees. If the City chose this alternative
it would not only result in lesser earnings for the
employees, but it could also have the unintentional
disadvantage of reducing their retirement benefits.
Normal payroll reporting for an employee following a
reduction in his/her salary or earnings would result in
either a lower compensation earnable or reduced service
credit. By adopting the Preservation of Retirement
Benefits, the City could maintain employees' payrates and
earnings at the same amount and in the same way as they
were reported prior to the reductions.
This procedure applies only to employees who suffer a loss
of retirement benefits while continuing to work in the same
position occupied prior to taking a temporary reduction in
salary or working hours. It does not apply to demotions in
29
V Continued May 19, 1993
lieu of layoff, transfer to part time positions, or any
other personnel action where it would be appropriate that
there be a salary change or a reduction in service credit.
On motion of Council Member Snider, Mann second, the City
Council unanimously adopted Resolution No. 93-64 approving
the Preservation of Retirement Benefits for employees
affected by a temporary reduction in salary or reduced work
hours.
AMENDMENT OF PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (PERS) CONTRACT TO PROVIDE SECTION
20818 (TWO -YEARS ADDITIONAL SERVICE CREDIT)
RESOLUTION NO. 93-65 ADOPTED
ORDINANCE NO. 1576 INTRODUCED
CC -34 Personnel Director Narloch presented the following report.
CC -149
CC -300 The City has been considering various options in
implementing budget cutbacks. Included in these options is
a reduction in the workforce. In order to minimize or
4
reduce the impact of this action, the City wishes to amend
its contract with the Public Employees' Retirement System
(PERS) to provide two -years additional service credit to
employees who retire during a designated period if a
mandatory transfer, layoff, or demotion is imminent and
certain requirements are met.
The estimated cost of providing this option is
approximately 50V of an employee's annual salary. This
cost may be remitted to PERS in a lump sum payment within
30 days of billing or on a payment schedule spread out over
a period of up to two years. Interest will be established
based upon our current crediting rate (8.750.
Following a few questions, the City Council, on motion of
Council Member Snider, Mann second, unanimously adopted
Resolution No. 93-65 entitled, "Resolution of Intention to
Approve an Amendment to Contract Between the Board of
Administration of the Public Employees' Retirement System
and the City Council of the City of Lodi".
Further, the City Council, on motion of Council Member
Davenport, Pennino second, unanimously introduced Ordinance
No. 1576 amending the City of Lodi's contract with the
Public Employees' Retirement System (PERS) by approving the
Resolution of Intention to adopt Government Code Section
20818 (two -years additional service credit) for specified
miscellaneous and safety members.
30
Continued May 19, 1993
ORDINANCES
ORDINANCE ADDING CHAPTER 17.74
TO LODI MUNICIPAL CODE RELATING
TO ADMINISTRATIVE DEVIATIONS
ORDINANCE NO. 1575 ADOPTED
CC -6 Ordinance No. 1575 entitled, "An Ordinance of the City
CC -149 Council of the City of Lodi Adding Chapter 17.74 to the
Lodi Municipal Code Relating to Administrative Deviations"
having been introduced at a regular meeting of the Lodi
City Council held May 5, 1993 was brought up for passage on
motion of Mayor Pennino, 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 - Davenport, Mann, Sieglock,
Snider and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
ADJOURNMENT There being no further business to come before the City
Council, Mayor Pennino adjourned the meeting at
approximately 2:02 a.m.
ATTEST:
iferM. Perrin
C' t CIe:
31