HomeMy WebLinkAboutMinutes - June 16, 1993 (13)CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 16, 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 Skip Suess, Vinewood
Community Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pennino.
ALLEGIANCE
PROCLAMATIONS/PRESENTATIONS
PARKS AND RECREATION MONTH
CC -37 Mayor Pennino presented Bob Johnson, Chairperson, Lodi
Parks and Recreation Commission, with a proclamation
proclaiming July as "Parks and Recreation Month".
Further, Mr. Johnson gave a brief report regarding the
activities of the Parks and Recreation
Department/Commission including the City-wide fishing
derby, boat races, Fourth of July Fireworks display,
various recreation class, Youth Sports Program, Discovery
Center, etc.
Mayor Pennino announced that the budget review meeting for
the Parks and Recreation Department would be June 23, 1993
at 7:00 p.m.
PRESENTATION BY SISTER CITY COMMITTEE
Keith Land, President, Lodi Sister City Committee,
presented the Mayor with a gold, silk -thread picture from
the Mayor of Kofu, Japan.
PRESENTATION OF SMALL BUSINESS BOOKLET
CC -400 A presentation was made to the Mayor by Gillian Murphy, San
Joaquin College, Small Business Development Center, of a
booklet entitled, "Resource Guide to Starting & Operating a
Small Business In Lodi".
1
Continued June 16, 1993
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Snider, Mann
second, approved the following items hereinafter set forth.
Further, the following items were removed from the Consent
Calendar and discussed and acted upon at the end of the
agenda;
a) Agenda item #E-4 entitled, "Specifications
and advertisement for bids for Type II
Slurry Seal for various City streets, 1993"
(removed by Council Member Mann);
b) Agenda item #E-5 entitled, "Purchase of
asphalt materials for fiscal year 1993-94"
(removed by Council Member Mann);
c) Agenda item #E-6 entitled, "Purchase of rock
and sand materials for fiscal year 1993-94"
(removed by Council Member Mann);
d) Agenda item #E-9 entitled, "Renewal of
master lease between Lodi Grape Festival and
National Wine Show, Inc. and City of Lodi"
(removed by Mayor Pennino);
e) Agenda item 4E-11 entitled, "International
City Management Association (ICMA) Deferred
Compensation Plan and Trust Agreement"
(removed by Council Member Davenport); and
f) Agenda item #E-12 entitled, "Report on
implementation of Planning and Development
Fees" (removed by Council Member Davenport).
CLAIMS CC -21(a) Claims were approved in the amount of $1,273,426.13.
MINUTES There were no minutes for approval.
PLANS AND SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR KOFU PARK HANDICAP WALKWAY,
1145 SOUTH ��H-.{AM LANE APPROVED
CC-�.1 (c) ,1;P -ti The City Council approved the plans and specifications for
Kofu Park Handicap Walkway, 1145 South Ham Lane and
authorized advertising for bids.
This project will use Community Development Block Grant
funds to make the Kofu Park building handicap accessible.
Steps in the walkway and at the building will be eliminated
so that the access to the building will meet the
requirements of the Americans with Disabilities Act. The
2
Continued June 16, 1993
use of Community Development Block Grant funds requires a
formal bidding process for any project over $2,000.00.
AGENDA ITEMS REMOVED FROM THE
CONSENT CALENDAR
Agenda item #E-4 entitled, "Specifications and
advertisement for bids for Type II Slurry Seal for various
City streets, 1993" was removed from the Consent Calendar
and discussed and acted upon at the end of the agenda.
Agenda item #E-5 entitled, "Purchase of asphalt materials
for fiscal year 1993-94" was removed from the Consent
Calendar and discussed and acted upon at the end of the
agenda.
Agenda item #E-6 entitled, "Purchase of rock and sand
materials for fiscal year 1993-94" was removed from the
Consent Calendar and discussed and acted upon at the end of
the agenda.
CONTRACT AWARDED FOR TRAFFIC SIGNAL AND
4 LIGHTING INSTALLATION, HIGHWAY 12
(KETTLEMAN LANE) AND CENTRAL AVENUE, AND
TURNER ROAD AND STOCKTON STREET/MIWOK DRIVE,
AND EXECUTED COOPERATIVE AGREEMENT ##10-881
WITH THE STATE OF CALIFORNIA
RESOLUTION NO. 93-78
CC -12(a) The City Council adopted Resolution No. 93-78 awarding the
CC -90 contract for Traffic Signal and Lighting Installation,
CC -300 Highway 12 (Kettleman Lane) and Central Avenue, and Turner
Road and Stockton Street/Miwok Drive to B. Cantarutti
Electric Co. in the amount of $140,063.00, and approving
State Cooperative Agreement #10-881 between the City of
Lodi and the State of California.
This project is to install traffic signals at the
intersection of Highway 12 (Kettleman Lane) and Central
Avenue, and Turner Road and Stockton Street/Miwok Drive.
Both intersections meet_ Caltrans signal warrants and are
being funded with Federal funds and Street Development
Impact Mitigation Fees.
The recommendation for the contract award is being made
pending approval from Caltrans. The approval from Caltrans
must be received by the City prior to the award of the
contract, otherwise our Federal funding for this project
may be jeopardized. This item will be pulled from the
agenda if approval is not received before June 16.
It was also recommended that the City Council authorize the
Mayor to execute State Cooperative Agreement 410-881
Continued June 16, 1993
14%
between the City of Lodi and the State of California for
the traffic signal work at State Route 12 and Central
Avenue. This standard agreement defines the
responsibilities of the City and State in designing,
installing, and maintaining the signals at this
intersection. Basically, the State will maintain the
signal and bill the City fifty percent of the costs.
Plans and specifications for this project were approved on
April 21, 1993. The City received the following six (6)
bids for this project:
Bidder
Location
Bid
Engineer's Estimate
$
171,406.50
B. Cantarutti Electric Co.
Novato
$
140,063.00
M & M Electric Co.
Sacramento
$
140,969.00
Collins Electric Co.
Stockton
$
149,433.00
Steiny & Co.
Vallejo
$
149,609.00
Richard Heaps Electrical
Sacramento
$
150,226.00
Wingard Engineering
Byron
$
152,979.00
L
AGREEMENT WITH BERNARD C. KOOYMAN,
DONNA K. KOOYMAN, SALEEM KAHN AND
BERNARD G. KOOYMAN FOR DEDICATION OF
RIGHT-OF-WAY ON LODI AVENUE AND RELOCATION
OF BUILDING WITH FUTURE STREET WIDENING
(360 EAST LODI AVENUE, AT CENTRAL AVENUE)
APPROVED
RESOLUTION NO. 93-79
CC -45(a) The City Council adopted Resolution No. 93-79 approving the
CC -90 agreement with Bernard C. Kooyman, Donna K. Kooyman, Saleem
CC -300 Kahn and Bernard G. Kooyman for dedication of right-of-way
on Lodi Avenue and relocation of building with future
street widening and directed the City Manager and City
Clerk to execute the agreement on behalf of the City.
On March 24, 1993, Bernard C. Kooyman, Donna K. Kooyman,
Saleem Kahn and Bernard G. Kooyman, owners of the property
located at 360 East Lodi Avenue, Lodi, California, filed an
application for a building permit for tenant improvements
(interior remodeling) of the existing structure on their
property. As a condition of the issuance of a building
permit for the remodel, the Public Works Department
required that a 5 -foot right-of-way dedication and corner
cutoff dedication be made (Lodi Municipal Code 15.44.060)
to comply with minimum right-of-way widths required by the
City of Lodi Public Improvement Design Standards and to
allow the installation of a handicap ramp. Since the
existing structure is located immediately behind the
existing back of walk on Lodi Avenue, dedication of an
4
V,.
Continued June 16, 1993
additional 5 feet would place the structure in the public
right-of-way.
As has been done for similar situations in the past, an
agreement was developed whereby the owner would agree to
dedicate the requested right-of-way in exchange for the
City's assumption of responsibility for modifying the
encroaching structure when Lodi Avenue is widened. The
structural modifications would be of like design and
construction to those in existence at the time of execution
of the agreement. In addition, the City would be
responsible for relocated street improvements. The City
has no immediate plans to widen Lodi Avenue in this area.
A sketch showing the location of the dedication requested
and a copy of the agreement are attached. The owner has
executed the grant deed and the agreement.
AGENDA ITEM REMOVED FROM THE
CONSENT CALENDAR
Agenda item #E-9 entitled, "Renewal of master lease between
" Lodi Grape Festival and National Wine Show, Inc. and City
of Lodi" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda.
ACCEPTED IMPROVEMENTS UNDER THE CONTRACT
FOR THE CONSTRUCTION OF BERMS AND
TRANSFORMER PAD AT MCLANE SUBSTATION
RESOLUTION NO. 93-80
CC -90 The City Council adopted Resolution No. 93-80 accepting
CC -300 the improvements under construction of berms and
transformer pad at the McLane Substation and directed the
Electric Utility Director to file a Notice of Completion
with the County Recorder's Office.
The contract was awarded to Case Construction Co., Lodi,
California, on January 6, 1993 in the amount of $45,153
with subsequently approved Change Order (1) bringing the
final contract price to $47,643.29. The contract has been
completed in substantial conformance with the plans and
specifications approved by the City Council.
The contractor's completion date was May 20, 1993.
AGENDA ITEMS REMOVED FROM THE
CONSENT CALENDAR
Agenda item #E-11 entitled, "International City Management
Association (ICMA) Deferred Compensation Plan and Trust
Agreement" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda.
5
Continued June 16, 1993
Agenda item U-12 entitled, "Report on implementation of
Planning and Development Fees" was removed from the Consent
Calendar and discussed and acted upon at the end of 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:
CITY OF STOCKTON GENERAL PLAN
CC -6 Council Member Snider commented on an article that appeared
CC -35(a) in the Stockton Record regarding the Stockton Planning
Commission's push to develop north to Armstrong Road, which
has been a continuing battle between the City of Lodi and
Stockton. Mr. Snider informed the public that a
Shirtsleeve Session is scheduled for July 6, 1993 to
discuss this matter and further requested that it also be
scheduled for the July 7, 1993 City Council meeting so that
Council may take a stand on the matter.
REMINDER OF BUDGET REVIEW MEETINGS
CC -21(b) Mayor Pennino reminded the public that the City is
currently in the process of its budget review and has been
holding review meetings which are open to the public.
Mayor Pennino gave the following schedule of the meetings:
a) Friday, June 18, 1993 at 7:00 a.m. to
discuss City Attorney, City Manager,
Personnel, Risk Management and Electric
Utility;
b) Tuesday, June 22, 1993 at 7:00 a.m, to
discuss the Public Works Department;
c) Wednesday, June 23, 1993 at 7:00 p.m. to
discuss the Library and the Parks and
Recreation Department; and
d) Thursday, June 24, 1993 at 7:00 a.m. to
continue discussing Public Works Department.
PUBLIC PARTICIPATION ENCOURAGED FOR
BUDGET REVIEW MEETINGS
CC -21(b) Council Member Davenport expressed his concerns on the
small number of people attending the budget review meetings
and encouraged more people to attend and give their input.
6
Continued June 16, 1993
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:
REQUEST FOR ASSISTANCE FOR THE HANDICAPPED
CC -118 Kim Forberg, 18828 Lilac Street, Woodbridge, who is
handicapped and confined to a wheelchair, explained some of
the difficulties she experiences maneuvering throughout
town (at the movies, stores, parks, etc.), and urged that
this issue be addressed to help accommodate the
handicapped.
Ms. Forberg received much support from the City Council for
her courage in coming forth to express her feelings
regarding this matter.
THANKS EXPRESSED TO THE CITY COUNCIL FOR
STREETS LIGHTS ON GARFIELD STREET
CC -6 Becky Bailey, 909 South Garfield Street, Lodi, read the
CC -45(g) following letter from the Heritage School PTA thanking the
City of Lodi for the street lights that were installed on
Garfield and Eden streets.
"The PTA of Heritage School wish to express our gratitude
to the City of Lodi concerning street lights which are
being installed on Garfield and Eden streets. In the
evening the area around our school has always been dim.
Lights being installed will help to make this area safer
for those attending meetings and the local residents. we
are looking forward to more involvement on the City level
in making the Heritage area a safe place for our children
to live and play. Again we thank you."
BUDGET CONCERNS EXPRESSED
CC -21(b) Frank Alegre, 2000 Edgewood Drive, Lodi, commented on the
lack of people at the budget review sessions and encouraged
people to show an interest and take part in the
discussions. Mr. Alegre does not want to see the Park
Rangers taken away from Lodi Lake and does not want the
creation of any new titles.
RESPONSE REGARDING FLIERS
CC -6 George Garcia, 852 Daisy, Lodi, responded to comments made
CC -16 by Mr. Bob Murphy at the last City Council meeting
CC -18 regarding fliers being put into mail boxes. Mr. Garcia
also gave his condolences to the family who lost their
little boy in the recent fire on Kettleman Lane.
7
s�7
Continued June 16, 1993 v
PUBLIC HEARINGS
CONTINUED PUBLIC HEARING REGARDING THE
PLANNING COMMISSIONS RECOMMENDATION FOR
A GENERAL PLAN AMENDMENT FOR REQUEST OF
J. JEFFREY KIRST (HELMLE) AND RONALD B.
THOMAS, ET AL (RICHARDS RANCH)
ORDINANCE NOS. 1578, 1579 AND 1580 INTRODUCED
CC -53(a) Council Member Snider abstained from discussion and voting
CC -149 on the matters pertaining to the request of J. Jeffrey
Kirst (Helmle project).
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 Public Hearing
to consider the following:
1. Planning Commission's recommendation for a
General Plan Amendment on the following:
a) request of J. Jeffrey Kirst to
redesignate the parcels located within
the area bounded by the Woodbridge
Irrigation Canal on the north and east,
West Kettleman Lane (Highway 12) on the
south, and Lower Sacramento Road on the
west from PR, Planned Residential, and
O, Office to LDR, Low Density
Residential and 0, Office; and
b) request of Ronald B. Thomas, et al to
redesignate the parcels at 13737 North
Cherokee Lane (APN 062-290-18) 2250
South Stockton Street (APN 062-290-08),
and 13845 North Cherokee Lane (APN
062-290-07) from PR, Planned
Residential to LDR, Low Density
Residential.
2. Planning Commission's recommendation to
approve the request of J. Jeffrey Kirst to
prezone the parcels within the area bounded
by the Woodbridge Irrigation Canal on the
north and east, West Kettleman Lane (Highway
12) on the south, and Lower Sacramento Road
on the west to R-1, Single -Family
Residential, R-2, Single -Family Residential
and R -C -P, Residential -Commercial -
Professional.
3. Planning Commission's recommendation to
approve the request of Ronald B. Thomas, et
8
7 d Continued June 16, 1993
V
al to prezone the parcels at 13737 North
Cherokee Lane (APN 062-290-18), 2250 South
Stockton Street (APN 062-290-07) R-2,
Single -Family Residential.
4. Certifying the filing of negative
declarations by the Community Development
Director as adequate environmental
documentation on the above projects.
(These matters were heard as one Public Hearing.)
Community Development Director Schroeder presented the
following report.
Both of the requests are the first step toward annexation
and are in conformance with the General Plan as adopted by
the City Council on June 12, 1993. The PR, Planned
Residential designation was put in the plan to provide the
Planning Commission and City Council with a means to review
each development project at the earliest possible stage.
The LDR designation is for single-family densities.
The Kirst or Helmle project consists of an
office -institutional designation along Kettleman Lane which
can be constructed at any time. The remainder of those
properties are in Phase II of residential development which
does not occur until 1995 and later.
The Thomas or Richards Ranch project is in Phase I of
residential development and could compete for allocations
this year. It should be noted that the development plan
shows an elementary school and neighborhood park. The
school site has been requested by Lodi Unified School
District and the park site conforms to the Parks Master
Plan being considered by the City Council.
The prezoning serves two purposes. First, it is required
by the Local Agency Formation Commission (LAFCO) before
reorganization (i.e. annexation) proceedings begin.
Secondly, it makes the zoning map consistent with the
General Plan.
1. Prezoning of the parcels within the area
bounded by Woodbridge Irrigation District
Canal on the north and east; Kettleman Lane
(State Route 12) on the south and Lower
Sacramento Road on the west to R-1,
Single -Family Residential, R-2,
Single -Family Residential and R -C -P,
Residential -Commercial -Professional (Helmle).
_>2 /
Continued June 16, 1993
The R -C -P zoning matches the south side of
Kettleman Lane. The R-1 zoning provides the
necessary buffer for the Sunwest subdivision.
2. Prezoning of the parcels at 13737 North
Cherokee Lane (APN 062-290-18), 2250 South
Stockton Street (APN 062-290-08), and 13845
North Cherokee Lane (APN 062-290-07) R-2,
Single -Family Residential.
The R-2, Single -Family zoning matches the
surrounding zoning in the southeast area.
Since both projects conform to the General Plan, Negative
Declarations are adequate environmental documentation.
Council Member Davenport expressed concerns that he did not
want to approve both General Plan Amendments as one
project, and they should be separated instead.
Mayor Pennino opened the hearing to the public to discuss
only the request of J. Jeffrey Kirst (Helmle project).
Speaking in support of the matter was Jeff Kirst, 109 River
Meadows Drive, Lodi.
Mayor Pennino closed the public portion of the hearing
regarding the Helmle project.
On motion of Council Member Davenport, Mann second, the
City Council took a straw vote to approve the Planning
Commission's recommendation for a General Plan Amendment on
the request of J. Jeffrey Kirst to redesignate the parcels
located within the area bounded by the Woodbridge
Irrigation Canal on the north and east, West Kettleman Lane
(Highway 12) on the south, and Lower Sacramento Road on the
west from PR, Planned Residential, and O, Office to LDR,
Low Density Residential and O, Office by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Snider
Mayor Pennino then opened the hearing to the public to
discuss only the matter regarding the request of Ran Thomas
(Richards Ranch). The following persons spoke in support
of the matter:
10
�GG
% Continued June 16, 1993
a) Jeff Kirst, 109 River Meadows Drive, Lodi,
speaking on behalf of Ron Thomas; and
b) David Witt, 371 East Century Boulevard, Lodi.
There being no one else wishing to speak on the matter, the
Mayor closed the public portion of the hearing regarding
the Richards Ranch project.
Following discussion regarding the matter, Council Member
Davenport made a motion to table the request of Ron Thomas,
and the motion died for lack of a second.
On motion of Council Member Snider, Mann second, the City
Council took a straw vote to approve the Planning
Commission's recommendation for a General Plan Amendment on
the request of Ronald B. Thomas, et al to redesignate the
parcels at 13737 North Cherokee Lane (APN 062-290-18), 2250
South Stockton Street (APN 062-290-07) from PR, Planned
Residential to LDR, Low Density Residential by the
following vote:
r Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FINAL ACTIONS:
On motion of Mayor Pennino, Davenport second, the City
Council approved certifying the filing of a negative
declaration by the Community Development Director as
adequate environmental documentation on the request of J.
Jeffrey Kirst (Helmle) by the following vote:
Ayes:
Council
Members
- Davenport, Mann, Sieglock and
Pennino (Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- None
Abstain:
Council
Members
- Snider
On motion of Council Member Sieglock, Mann second, the City
Council approved certifying the filing of a negative
declaration by the Community Development Director as
adequate environmental documentation on the request of
Ronald B. Thomas, et al (Richards Ranch) by the following
vote: f
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Continued June 16, 1993
Ayes:
Noes:
Absent:
Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Council Members - Davenport
Council Members - None
(Introduction of Ordinance No. 1578 was separated into two
votes.) On motion of Mayor Pennino, Mann second, the City
Council introduced Ordinance No. 1578 approving only the
portion of the request of J. Jeffrey Kirst to redesignate
the parcels located within the area bounded by the
Woodbridge Irrigation Canal on the north and east, West
Kettleman Lane (Highway 12) on the south, and Lower
Sacramento Road on the west from PR, Planned Residential,
and O, Office to LDR, Low Density Residential and O, Office
by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and
Pennino (Mayor)
Noes: Council Members - None
Y
Absent: Council Members - None
Abstain: Council Members - Snider
On motion of Council Member Sieglock, Snider second, the
City Council introduced Ordinance No. 1578 approving only
the portion of the request of Ronald B. Thomas et al to
redesignate the parcels at 13737 North Cherokee Lane (APN
062-290-18), 2250 South Stockton Street (APN 062-290-08),
and 13845 North Cherokee Lane (APN 062-290-07) from PR,
Planned Residential to LDR, Low Density Residential by the
following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
On motion of Council Member Mann, Davenport second, the
City Council introduced Ordinance No. 1579 entitled, "An
Ordinance of the Lodi City Council Amending the Official
District Map of the City of Lodi and Thereby Prezoning the
Parcels Located Within the Area Bounded By the Woodbridge
Irrigation District Canal on the North and East; Kettleman
Lane (State Route 12) on the South, and Lower Sacramento
Road on the West (APN's 027-040-10, 11, 12, 16, 17, 32, 63,
64, 65, 66 and APN's 031-040-07, 08, 09, 10, 11, 12, 13,
14, 150 16, 19 and 20) to R-1, Single -Family Residential,
R-2 Single -Family Residential and R -C -P,
12
„4' Continued June 16, 1993
Residential -Commercial -Professional, With a Condition
Relating to School Facilities Funding” by the following
vote:
Ayes: Council Members - Davenport, Mann, Sieglock and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Snider
On motion of Council Member Sieglock, Snider second, the
City Council introduced Ordinance No. 1580 entitled, "An
Ordinance of the Lodi City Council Amending the Official
District Map of the City of Lodi and Thereby Prezoning the
Parcels Located at 13737 North Cherokee Lane (APN
062-290-18), 2250 South Stockton Street (APN 062-290-08),
and 13845 North Cherokee Lane (APN 062-290-07) R-2,
Single -Family Residential, With a Condition Relating to
School Facilities Funding" by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
RECESS Mayor Pennino called for a ten-minute recess and the City
Council meeting reconvened at approximately 9:27 p.m.
PUBLIC HEARING TO CONSIDER 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
ORDINANCE NO. 1581 INTRODUCED
CC -6 Notice thereof having been published according to law, an
CC -48(a) affidavit of which publication is on file in the office of
CC -149 the City Clerk, Mayor Pennino called for the Public Hearing
to consider 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.
13
Continued June 16, 1993
Assistant City Engineer Prima and Public Works Director
Ronsko presented the following report.
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
Y
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
This list does not include complaints received at locations
where truck parking is illegal under the existing truck
parking ordinance. 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". Since the May 19 Meeting, when the public
hearing on this item was set, one minor change was made in
the draft ordinance related to how the distance is
measured. This restriction would be in effect every day
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
14
: 5L
Continued June 16, 1993
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
which was 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.
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
"Provides double notice to truck drivers
entering the City and at complaint
locations
15
Disadvantages
-Could confuse drivers by
implying that the restriction
is not in effect at unsigned
locations
"High cost of signing all
locations and "chasing" the
problem around town
Continued June 16, 1993
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 located in a commercial
zone surrounded by commercial and industrial uses. The
proposed 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
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 in commercial zones. Also,
as previously discussed, the existing commercial vehicle
parking restriction in residential zones 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.
16
Continued June 16, 1993
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.
This informational sheet will be sent to the Police
Department for enforcement purposes and will be available
as a handout for the public. 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 add
Section 10.52.080 to Title 10 of the Lodi Municipal Code
with the restriction applying every day 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).
Mayor Pennino opened the hearing to the public and the
following persons spoke regarding the matter.
a)
Penny Mattos, 944 South Stockton Street,
Lodi (support);
b)
David Witt, 371 East Century Boulevard,
Lodi
(support);
c)
John Mattos, 944 South Stockton Street,
Lodi
(support);
d)
Lu Benson, 714 North Mills Avenue,
Lodi
(support);
e)
Virginia Snyder, P.O. Box 2444,
Lodi
(support);
f)
Frank Alegre, 2000 Edgewood Drive,
Lodi
(supports ordinance, but had suggestions
regarding enforcement); and
g)
Gary Lund, P.O. Box 22, Lodi (oppose).
I
17
°-a4;�'7
Continued June 16, 1993
There being no one else wishing to speak on the matter,
Mayor Pennino closed the public portion of the hearing.
Following discussion, the City Council, on motion of
Council Member Snider, Sieglock second, unanimously
introduced Ordinance No. 1581 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 and
approved Method 1 of signing which would put signs at all
major entrances to the City and provide a warning prior to
issuing citations.
Further, Council Member Sieglock stated he would very much
like to see maps and information sent to all packing and
trucking companies to inform the drivers of this new
ordinance.
PUBLIC HEARING REGARDING WEED ABATEMENT
PROCEEDINGS INVOLVING VARIOUS PARCELS
WITHIN THE CITY OF LODI TO ALLOW PROPERTY
4
OWNERS HAVING OBJECTIONS TO THE PROPOSED
REMOVAL OF WEEDS TO BE HEARD AND GIVEN
DUE CONSIDERATION
RESOLUTION NO. 93-82
CC -24(b) Notice thereof having been published according to law, an
CC -300 affidavit of which publication is on file in the office of
the City Clerk, Mayor Pennino called for the Public Hearing
to consider weed abatement proceedings involving various
parcels within the City of Lodi to allow property owners
having objections to the proposed removal of weeds to be
heard and given due consideration.
Fire Marshal Gorbet presented the following information.
At the City Council meeting of June 2, 1993 the Lodi City
Council adopted Resolution No. 93-74 - Resolution
Declaring Weeds a Public Nuisance and Initiating Abatement
Proceedings On Various Parcels throughout the City.
Pursuant to State of California Government Code Section
39500 et seq., a Notice to Destroy Weeds and Remove
Rubbish, Refuse, and Dirt, was published, mailed under
Declaration of Mailing to each of the involved property
owners, and posted on the subject properties as determined
by the City Attorney and the Fire Inspector. The purpose
of this public hearing is for property owners having any
objections to the proposed abatement to be heard and given
due consideration.
18
-) Y
Continued June 16, 1993
The Fire Department advised that since the adoption of
Resolution No. 93-74 numerous property owners have abated
the weeds on their property, and he provided the City
Council with a list of the parcels that were still not in
compliance following final inspection by the Fire
Inspector.
Following the public hearing and receipt of public
testimony regarding the matter, it would be in order for
the Council to adopt the Resolution No. 93-82 - Resolution
Overruling Objections and Proceeding with Abatement.
Mayor Pennino opened the hearing to the public. There
being no one wishing to speak on the matter, the Mayor
closed the public portion of the hearing.
On motion of Council Member Sieglock, Pennino second, the
City Council unanimously adopted Resolution No. '93-82
entitled, "Resolution Overruling Objections and Proceeding
with Weed Abatement Before the City Council of the City of
Lodi".
COMMUNICATIONS
` (CITY CLERK)
REPORTS The following reports were presented:
CC -2(h) Parks and Recreation Commission
The agenda stated that Bob Johnson, Chairman, Lodi Parks
and Recreation Commission, would be presenting a report;
however, Mr. Johnson made his brief report under
"Presentations" at the beginning of the agenda.
APPOINTMENTS TO THE EAST SIDE IMPROVEMENT COMMITTEE
CC -2(s) At the February 17, 1993 City Council meeting, the City
Clerk was directed to post for the newly created East Side
Improvement Committee. At the meeting of April 21, 1993,
the City Council appointed 13 members to the Committee.
There are currently two positions still available on the
committee.
On motion of Council Member Davenport, Pennino second, the
City Council unanimously appointed the following persons to
the East Side Improvement Committee:
LODI EAST SIDE IMPROVEMENT COMMITTEE
Lorrie King
Joann Mounce
19
Continued June 16, 1993
APPOINTMENTS TO THE GREATER LODI YOUTH COMMISSION
CC -2(t) At the April 21, 1993 City Council meeting, the City Clerk
was directed to post for the newly created Greater Lodi
Youth Commission. The Committee will consist of 11 members
with the Present of the Lodi Unified School District Board
and the Mayor of the City of Lodi acting as ad hoc
committee members.
On motion of Council Member Mann, Sieglock second, the City
Council unanimously appointed the following persons to the
Greater Lodi Youth Commission:
GREATER LODI YOUTH COMMISSION
Gary Alegre
Nancy Dobler
Marilyn Field
Mary Fritts
Jeff Glenn
Charlene Lange
Gary Lund
Debra Parkins
Phillip Pennino
William Pirtle
Rick Souza
REGULAR CALENDAR
LEASE FOR GOLF DRIVING RANGE AT THE
LODI GRAPE FESTIVAL GROUNDS
CC -7(p) City Manager Peterson presented the following report.
CC -90
For several decades, the City of Lodi has leased space on
the grounds of the Lodi Grape Festival and National Wine
Show for the operation of a golf driving range. The space
has then been sub -leased to a driving range operator who
has paid the City a percentage of the revenue derived from
golf ball rentals. The operation has been satisfactory for
many years until very recently. The combination of
improved golfing equipment and the increasing popularity of
the game has brought to the range greater numbers of people
who are able to hit golf balls considerably longer
distances than in the past.
The residents of Murray Street, which is north of and
adjacent to the golf driving range, have lodged a number of
complaints with the City regarding golf balls clearing the
protective fence and landing on private property. City
staff met last week with area residents, the driving range
operator and the Executive Director of the Lodi Grape
Festival and National Wine Show to discuss this matter and
review the possible solutions. At that meeting, it was
20
V
Continued June 16, 1993
agreed that, on an interim basis, the hitting of golf balls
would be restricted to iron clubs only (no woods). That
restriction did little to prevent golf balls from leaving
the confines of the driving range. Staff received calls
from residents of the area shortly after the meeting
regarding golf balls still coming over the protective
screen. An on-site visit confirmed these complaints.
It is obvious that the golf driving range can no longer be
accommodated at its present location. In view of this, it
was recommended that the lease with Mr. Choo for the
operation of the range not be renewed. It is scheduled to
expire June 30, 1993.
Staff had scheduled a meeting with Mr. Choo and his
representative, Robert Mertz, Esquire, to discuss alternate
locations for a new golf driving range, and the results of
this meeting were reviewed with the City Council.
City Manager Peterson read the following letter from Mark
A. Armstrong, General Manager, Lodi Grape Festival &
Harvest Fair.
"At the June 8, 1993, Executive Committee meeting of the
Lodi Grape Festival Board of Directors, it was decided that
our organization would accept the decision of the City
Council as to whether to extend or terminate the lease with
Ken Choo, Lodi Golf Range operator.
if the range is allowed to stay open beyond June 30, 1993,
the current lease agreement's time period, while an
alternative site is explored, we recommend that that period
of operation not extend past August 31, 1993. In light of
the suddenness of this decision, we would waive our rent
fees for July and August; however, we want the range to
continue to operate under the 'irons only' restriction."
Speaking on the matter were the following persons:
a) Daisy Bulik, 510 Murray Street, Lodi (in
support of terminating the lease);
b) Don Minatree, 510 Murray Street, Lodi (in
support of terminating the lease);
c) Bob Mertz, 111 West Pine Street, Lodi,
speaking on behalf of Kenneth Choo (against
terminating the lease); and
d) Kenneth Choo, 531 East Lockeford Street,
Lodi (against terminating the lease).
Following a lengthy discussion, the City Council, on motion
of Council Member Sieglock, Snider second, renewed the
21
Continued June 16, 1993
lease agreement between the City of Lodi and Mr. Kenneth
Choo for the operation of the golf driving range on the
grounds of Lodi Grape Festival and National Wine Show at
the intersection of North Cherokee Lane and East Lockeford
Street for a 60 -day period to expire on August 31, 1993
with certain conditions by the following vote:
Ayes: Council Members - Davenport, Sieglock, Snider
and Pennino (Mayor)
Noes: Council Members - Mann
Absent: Council Members - None
It was understood that if the problem continued, the lease
would be terminated.
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, Sieglock second, the
City Council determined it would continue with the
remainder of the meeting by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and
Pennino (Mayor)
Noes: Council Members - Snider
Absent: Council Members - None
RECESS Mayor Pennino called for a ten-minute recess and the City
Council meeting reconvened at approximately 11:50 p.m.
ADOPT -A -PARK PROGRAM
CC -6 Parks and Recreation Director Williamson presented the
CC -27(c) following report.
Generally, this is the City's attempt to involve the
community, service clubs/organizations, businesses,
individual families or area interest groups in projects,
maintenance, neighborhood watch, etc., in various parks
and/or areas of same.
Staff heard a lot about adopt -a -park programs when we
physically contacted other cities, etc. They said they
just get a group, organization, or whomever to do projects
or maintenance on an ongoing basis. Our feeling is we want
to do this also, but to more commit whomever to an
agreement with stipulations, tasks to be done, projects to
22
t=y/.2-�'
V Continued June 16, 1993
be completed, controls on same, and a period of time for
said agreement.
This concept and agreement has been approved by the Parks
and Recreation Commission and suggested it be moved on to
the Council for adoption. It is hoped with this now in
place and the publicity from same, plus our efforts to
market the concept, we will get inquiries into this program
and some adopt -a -park programs will come about.
Recognition for various groups, organizations, businesses,
etc., would be by park signage, much like the State of
California program. We would indicate Adopt -A -Park and the
party adopting said park.
Parks and Recreation Director Williamson suggested that as
a group/organization is interested in adopting a park, that
recognition by sign be done at a place visual to the public
(like the State program) -a sign designating the program and
who has adopted the park, facility, or area. Cost per sign
would run about $150.00 to $250.00. We would only ask for
this money upon adoption of a park. Funds would come from
the current park operating budget or through a special
allocation request.
On motion of Council Member Snider, Sieglock second, the
City Council unanimously approved the Adopt -A -Park concept
to be implemented when the opportunity arises.
CONTRACT AWARDED FOR DIAL -A -RIDS RADIO SYSTEM
RESOLUTION NO. 93-83
CC -12(d) Administrative Assistant to the City Manager Keeter
CC -47 presented the following information.
CC -50(b)
CC -300 The Dial -A -Ride program is in need of a radio system to
provide communications between the dispatcher and drivers.
The City is currently renting a radio system for
Dial -A -Ride, but has received funding through the
Transportation Development Act (TDA) to purchase a
communications system for the program.
Requests for Proposal (RFPs) were mailed to four vendors;
four responded prior to the submission deadline. A summary
of proposed equipment costs, including shipping,
programming, tax and installation, follows. Monthly
repeater fees are also indicated.
23
Continued June 16, 1993
Repeater
Eauipment Fees/Month
1. McGee Communications Electronics, Inc. $12,961.80 $104.00
2. Lagorio Communications $14,046.70 $165.00
3. Motorola, Inc. $17,937.93 $142.50
4. Nor -Cal Communications - Did not wish to submit a proposal but wants to
remain on consideration list for future communication proposals.
While McGee Communications' proposal is $1,084.90 less than
Lagorio Communications' cost for equipment, it was staff's
recommendation that the City contract with Lagorio for
compatible Motorola radio equipment as originally
re commended .
The recommendation for contracting with Lagorio is based on
the assertion that it is in the City's best interest to
standardize on radio equipment which is compatible with the
City's existing communications system. Equipment proposed
by McGee Communications is not compatible with the City's
Motorola equipment and, if installed in the Dial -A -Ride
system, would require purchase of additional non -compatible
units as the program expands. The City presently has
Motorola equipment in Public Works, Electric Utilities,
Police and Fire Departments. The City's radio needs will
continue to grow and the City will therefore continue to
add onto the radio communications system. The City should
strive to standardize equipment, not diversify.
Each company submitted a list of references to the City
which staff contacted via telephone. McGee Communications
received less than favorable comments from one reference
and marginally good comments from the second. One
reference stated that his business is considering going to
a different system and that they are not at all enthused
with McGee Communications.
Lagorio and Motorola are both highly reputable companies
with strong and positive references. As mentioned
previously, the City currently has Lagorio and Motorola
equipment in use by the Public Works, Electric Utility,
Fire, and Police Departments. The City's experience with
both companies has been favorable. San Joaquin County is
also pleased with their Motorola equipment in use
throughout their departments.
Lagorio and Motorola both offered lease and lease/purchase
options for the proposed radio system. The additional cost
for the lease options would add $2,965.30 to Lagorio's
proposal and $2,038.59 to Motorola's proposal for a three
year lease term. Although a representative from McGee
24
Continued June 16, 1993
Communications contended at the April 7, 1993 City Council
meeting that they could provide radios to the City at a
very attractive rental price, McGee Communications
neglected to include a lease and lease/purchase option in
their proposal.
Based on the references, the desire to standardize, and the
City's past and current service satisfaction with Lagorio
Communications, it was staff's recommendation that the City
Council award the Dial -A -Ride radio contract to Lagorio
Communications.
As an aside, CalTrans has offered a pallet of old radios
which they are willing to donate to the City at no cost.
Upon investigation, it turns out the radios are on a low
band which will not be compatible with any other radio
owned by the City. In addition, it is virtually impossible
to obtain a low band frequency from the Federal
Communications Commission (FCC).
Although the radios are no cost initially, the cost to
recrystal, program and install the radios would be
approximately $350 per radio or nearly $4,550 for equipment
which is between 12 and 15 years old. A CalTrans
representative did state that "all bands are taken up, but
State OES may have a low band for the City to piggyback."
He also stated that "the General Electric radios are old
tube sets and are not good radios". It was City staff's
recommendation that the City thank CalTrans for the offer,
but decline due to the nature of the radios and the fact
that the City has TDA funding to purchase a new system
which will be able to easily accommodate future expansion.
Speaking on the matter were the following persons:
a)
Walt Saxton, 1450 Park Street, Lodi (in
support of contracting with low bidder);
b)
Jim Mellinger, McGee Communications, P.O.
Box 8750, Stockton (in support of
contracting with low bidder);
c)
Steve Finch, Lagorio Communications, 217 Las
Palmas, Modesto (opposed to contracting with
low bidder);
d)
Frank Alegre, 2000 Edgewood Drive, Lodi (in
support of contracting with low bidder); and
e)
Jean Davenport, 445 Almond Drive #45, Lodi,
expressed some concerns about a possible
conflict of interest.
25
Continued June 16, 1993
Following a very lengthy discussion, the City Council, on
motion of Council Member Snider, Mann second, adopted
Resolution No. 93-81 awarding the purchase of radio
equipment for the Dial -A -Ride program to Lagorio
Communications of Manteca in the amount of $14,046.70 by
the following vote:
Ayes: Council Members - Mann, Snider and Pennino (Mayor)
Noes: Council Members - Davenport and Sieglock
Absent: Council Members - None
SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS (COG)
1993-94 BUDGET NOT RECEIVED
CC -7(n) City Manager Peterson introduced the following matter:
CC -21(b)
The City has received the 1993-94 adopted COG budget.
Their executive officer has requested this budget be placed
on a forthcoming agenda prior to June 30, 1993. The budget
is nearly $400,000 less than the adopted 1992-93 budget.
The major reductions are in the elimination or reduction of
professional services for specific projects.
This budget has been approved by the COG Board of
Directors. Pursuant to the COG's Joint Powers Agreement,
following adoption of the budget by the Board, it is to be
presented to member agencies for ratification by each
governing body.
A budget highlight memo was presented for the City
Council's review. Bart Meays, Executive Director, and
Steve Dial, Manager of Finance and Administration, with COG
were present at the meeting, presented an overview of the
COG budget and answered questions from the City Council.
Following discussion regarding the matter, the City
Council, on motion of Council Member Davenport, Sieglock
second, voted not to ratify the San Joaquin County Council
of Governments (COG) 1993-94 budget by the following vote:
Ayes: Council Members - Davenport, Mann and Sieglock
Noes: Council Members - Snider and Pennino (Mayor)
Absent: Council Members - None
CONTINUING RESOLUTION AUTHORITY FOR 1993-94
OPERATING BUDGET NOT ADOPTED
CC -21(b) The following information was presented by Finance Director
Flynn.
26
2f� Continued June 16, 1993
At this time, it appears that the City Council may not be
able to complete budget deliberations and adopt an
operating budget for Fiscal Year 1993-94 prior to July 1,
1993. Accordingly, the City Manager will be required to
terminate City services and furlough City employees until
such time as a budget is approved by the City Council
unless otherwise directed and authorized by the City
Council under continuing resolution authority.
Continuing resolution authority is authority to continue
services and to pay bills and payrolls at a level
consistent with the prior year budget. As such, adoption
of the continuing resolution authority will allow the City
Manager to conduct City business at currently approved
levels and to purchase supplies, materials and services
consistent with service levels, salaries and operating
costs consistent with Fiscal Year 1992-93. As such the
continuing resolution authority does not authorize the City
Manager to make any of the following changes in services:
° Begin new services or change service levels except those
explicitly authorized by the City Council after July 1,
1993.
• Increase or change employee compensation except by
agreement approved prior to July 1, 1993 or explicitly
authorized by the City Council after July 1, 1993.
° Hire new employees or reclassify employees after July 1,
1993 except when explicitly authorized by the City
Council.
• Establish new contracts or agreements after July 1, 1993
regardless of amount except those contracts and
agreement explicitly authorized by the City Council.
FISCAL IMPACT
Will limit expenditures paid by warrant or wire transfer by
fund to a level not greater than authorized in the 1992-93
budget.
Following a brief discussion, the City Council took no
action regarding the "continuing resolution authority" for
the 1993-94 budget. Council felt that adoption of this
resolution gives an excuse to not adopt a budget on time,
and they felt confident that they would be able to meet
this goal.
ARBITRAGE REBATE SERVICES AGREEMENT
CC -21(a) The following was presented by Finance Director Flynn.
27
z�i �7
Continued June 16, 1993 Z'
On February 19, 1992, the City Council authorized the City
Manager to enter into an agreement with Jones, Hall, Hill &
White to prepare the arbitrage calculation as discussed in
the Council Communication dated February 19, 1992.
On April 19, 1993, Jones, Hall, Hill & White notified the
City that they had made a decision to discontinue offering
rebate calculation services and asked that Lodi transfer
the arbitrage service contract to Ernst & Young. Ernst &
Young is a nationally recognized accounting firm who offers
these services to local government for the same fee charged
by Jones, Hall, Hill & White.
On April 21, 1993, Ernst & Young contacted the City and
requested that we enter into a contract with them to
provide arbitrage rebate calculations. They had been
contacted by Jones, Hall, Hill & White and requested to
provide these services.
FISCAL IMPACT
No additional cost will be incurred by the City. The
remaining cost to the City over the next three years will
be $7,500.
On motion of Council Member Sieglock, Pennino second, the
City Council authorized the City Manager to terminate the
contract with Jones, Hall, Hill & White to provide
arbitrage rebate calculations and enter into an agreement
with Ernst & Young to provide these services by the
following vote:
Ayes: Council Members - Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
ORDINANCES None
AGENDA ITEMS #E-4, 5 AND 6 APPROVED
Council Member Mann had removed agenda items #E-4, 5 and 6
from the Consent Calendar due to concerns regarding the
funding. Following discussion, on motion of Council Member
Mann, Sieglock second, the City Council unanimously
approved the following matters (agenda items #E-4, 5 and 6).
28
% Continued June 16, 1993
V
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR TYPE II SLURRY SEAL FOR VARIOUS
CITY STREETS, 1993 APPROVED
CC -12.1(c) Slurry sealing of City streets is done annually by
contract. Funds to accomplish the project are included in
the 1993-94 Operating Budget.
The City Council approved the specifications for Type II
Slurry Seal for various City streets, 1993 and authorized
advertising for bids (see vote on page 28).
PURCHASE OF ASPHALT MATERIALS FOR FISCAL
YEAR 1993-94 APPROVED
RESOLUTION NO. 93-76
CC -90 The specifications for asphalt material were approved by
CC -300 the City Council at its meeting on May 19, 1993 and four
bids were received on June 2, 1993. The cost of asphalt
has decreased approximately 14$ per ton FOB and increased
approximately 6V delivered to hopper of paver since the
last bid was received in July, 1992.
The City Council adopted Resolution No. 93-76 awarding the
purchase of asphalt materials for the fiscal year 1993-94,
Items lA and 1B to George Reed, Inc. of Lodi, California
and Item 1C to FTG Construction Materials, Inc. of Lodi,
California (see vote on page 28) .
PURCHASE OF ROCK AND SAND MATERIALS FOR
FISCAL YEAR 1993-94 APPROVED
RESOLUTION NO. 93-77
CC -90 The specifications for rock and sand material were approved
CC -300 by the City Council at its meeting on May 19, 1993 and
three bids were received on June 2, 1993.
The City Council adopted Resolution No. 93-77 awarding the
purchase of rock and sand material for the fiscal year
1993-94, Items 1, 2 and 3 to FTG Construction Materials,
Inc. of Lodi, California (see vote on page 28).
RENEWAL OF MASTER LEASE BETWEEN LODI GRAPE
FESTIVAL AND NATIONAL WINE SHOW, INC.
AND CITY OF LODI
CC -7(p) The Parks and Recreation Department uses two buildings on
CC -90 the Grape Festival grounds for major program offerings.
29
Continued June 16, 1993
It was recommended that the City Council renew the
three-year master lease between the City of Lodi and the
Lodi Grape Festival and National Wine Show, Inc. The first
year's rent is $14,000.00 and the subsequent annual rent is
negotiated.
Mayor Pennino had concerns on the cost of the lease and
felt that it could be lowered due to the amount of
assistance it receives from the Lodi Police Department
especially during the Lodi Grape Festival.
On motion of Council Member Snider, Sieglock second, the
City Council renewed the three-year master lease between
the City of Lodi and the Lodi Grape Festival and National
Wine Show, Inc. by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and
Snider
Noes: Council Members - Pennino (Mayor)
Absent: Council Members - None
INTERNATIONAL CITY MANAGEMENT ASSOCIATION (ICMA)
DEFERRED COMPENSATION PLAN AND TRUST AGREEMENT
RESOLUTION NO. 93-75
CC -34 The Council had authorized the City to include the ICMA
CC -90 Retirement Corporation Deferred Compensation Plan as an
CC -300 additional option for employees.
The final action required by the City Council is to adopt
the Plan document and execute the Declaration of Trust.
This Plan document and Trust are the same documents all
public employers adopt and execute when using ICMA
Retirement Corporation as an investment vehicle for their
employees deferred income plans.
Following a brief discussion, the City Council, on motion
of Council Member Davenport, Sieglock second, unanimously
adopted Resolution No. 93-75 approving the International
City Management Association (ICMA) Retirement Corporation
Deferred Compensation Plan and executed the appropriate
Trust Agreement.
REPORT ON IMPLEMENTATION OF PLANNING AND
DEVELOPMENT FEES
CC -6 On April 7, 1993, the City Council adopted Resolution
CC -56 93-46. The information given to Council as part of that
resolution adopted those fees over $500 over a two-year
period. when Council adopted that resolution, it was with
30
451 � Continued June 16, 1993
the direction that fees be implemented over a 3 -year period
and to reevaluate Site Plan and Architectural Review
(SPARC) fees.
The schedule that shows the calculations Council adopted
was presented. It was pointed out that SPARC fees were not
included, as the Planning Commission, at Council's
direction, is reevaluating and defining the mission and
role of SPARC. When those findings and recommendations
come before Council, appropriate fees will be included.
Following brief questions, the City Council, on motion of
Council Member Davenport, Mann second, unanimously received
the report regarding the implementation of planning and ,
development fees.
ADJOURNMENT There being no further business to come before the City
Council, Mayor Pennino adjourned the meeting at
approximately 2:05 a.m. to Friday, June 18, 1993 at 7:00
a.m.
ATTEST:
� i.,l�`--lin
J,e iir er e2 n
City Clerk
31