HomeMy WebLinkAboutMinutes - December 10, 1991CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
THURSDAY, JANUARY 2, 1992
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Pennino,
Sieglock, Snider, and Pinkerton (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
Reimche
INVOCATION The invocation was given by Envoy Timothy Arnhold of the
Salvation Army.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pinkerton.
ALLEGIANCE
PRESENTATIONS There were no awards, proclamations or presentations.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member
Snider, Pennino second, approved the following items
hereinafter set forth.
Council Member Snider abstained from discussion and voting
on Agenda item #E-11 entitled, "Proposed completion of
Anagnos Reorganization, including annexation to the City of
Lodi and detachment from certain districts (located at the
northeast corner of Kettleman Lane and Lower Sacramento
Road)" because of a possible conflict of interest.
CLAIMS CC -21(a) Claims were approved in the amount of $3,244,771.15.
MINUTES The Minutes of the December 10, 1991 (Adjourned Meeting)
were approved as written.
RENEWAL OF CONTRACTS WITH NATIONAL
ADVERTISING COMPANY FOR RENTAL OF TWO
BILLBOARDS LOCATED ON HIGHWAY 99
ENTRANCES TO CITY OF LODI APPROVED
CC -6 The City Council approved the renewal of contracts with
CC -59 National Advertising Company for rental of two billboards
located on Highway 99 entrances to the City of Lodi.
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Continued January 2, 1992
LOCATION EFFECTIVE DATE MONTHLY UNIT CHARGE
Highway 99, East side
0.5 miles s/o Armstrong
Road March 1, 1992 $814.00
Highway 99, West side
n/o Peltier Road April 1, 1992 $814.00
The monthly unit charge shown above is applicable only to
the first 12 months of the agreement term. A 9-1/2% per
year increase in the monthly unit charge will be applicable
to each succeeding year, commencing on each anniversary of
the effective date of the agreement.
REPORT REGARDING SALE OF SURPLUS
TELEPHONE EQUIPMENT
CC -20 The City Council was advised that the City is in the
CC -47 process of upgrading its existing telephone system.
Included with the upgrade is the replacement of old
equipment which will not be compatible with the new
software. Four key systems, one call accounting system,
and various miscellaneous telephone equipment will be
replaced with new equipment as part of the project.
The City will have no further use for the aforementioned
equipment and will attempt to sell the key systems, old
telephone sets, and the call accounting system.
REPORT OF THE SALE OF CITY PROPERTY
CC -20 This report of the sale of City property was presented as
CC -47 required by City Code Section 2.12.120:
1 Hewlett-Packard HP1000 minicomputer system: $4,501.00
The Public Works Department purchased the HP1000 system
approximately 5 years ago for use in computer-aided
drafting and mapping. With changes in computer technology,
the drafting and mapping work has been moved to the faster,
more versatile PC-based systems in the department, making
the HP1000 obsolete.
On August 7, 1991, the City Council authorized
advertisement for bids for the sale of the system. Three
potential bidders expressed interest in the system; one
responded with a bid which was opened on November 25, 1991:
Crisis Computer Corporation, San Jose $4,501.00
The sale was completed on December 9, 1991.
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Continued January 2, 1992
ods
PLANS AND SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS FOR CHEROKEE
LANE STREET IMPROVEMENTS, 200 FEET
SOUTH OF KETTLEMAN LANE TO POPLAR STREET
CC -12.1(c) The City Council approved the plans and specifications for
Cherokee Lane Improvements, 200 feet south of Kettleman
Lane to Poplar Street and authorized the advertising for
bids thereon.
This project consists of reconstructing the left -turn
pockets on Cherokee Lane at Kettleman Lane. Also included
in the project is the installation of pavement reinforcing
fabric and an asphalt concrete overlay on the north -bound
lanes from 200 feet south of Kettleman Lane to Kettleman
Lane and the south -bound lanes from Poplar Street to
Kettleman Lane.
The specifications require that the project be phased so
that at least one travel lane in each direction will be
open to traffic at all times.
This project was originally budgeted to improve the
Cherokee Lane approaches at Kettleman Lane only. Further
engineering studies have extended the limits of the
project, hence an additional appropriation will be
recommended at the time of bid award.
PURCHASE OF TURF FERTILIZER FOR
PARKS DEPARTMENT
RESOLUTION NO. 92-1
CC -12(d) The City Council adopted Resolution No. 92-1 awarding the
CC -300 purchase of 20 tons of Best "Turf Gold" commercial turf
fertilizer to the low bidder, Turf Tech of Sacramento, in
the amount of $8,921.70.
The City Council was advised that on December 4, 1991, the
City Council authorized advertisement for bids for the
purchase of 20 tons of Best "Turf Gold" commercial
fertilizer. Bids were opened on December 18, 1991, with
the following results:
Turf Tech, Sacramento $8,921.70
San Joaquin Sulphur, Lodi 9,033.76
Wilbur -Ellis, Stockton 9,204.87
Orchard Supply Co., Sacramento 9,339.77
Lockhart Seeds, Stockton 9,645.78
Each year the Parks Department purchases fertilizer for use
on the City's 208 acres of parks. Experience has shown
that Best "Turf Gold" yields a lower annual cost per acre
than a water-soluble or agricultural blend fertilizer, due
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Continued January 2, 1992
to - a longer nitrogen
applications per year.
PURCHASE OF 210 HIGH PRESSURE SODIUM
LUMINAIRES
RESOLUTION NO. 92-6
release time, requiring fewer
CC -12(b) The City Council adopted Resolution No. 92-6 rejecting the
CC -300 bids received for the purchase of 210 high pressure sodium
luminaires and authorizing readvertizing for bids thereon.
ACCEPTANCE OF IMPROVEMENTS UNDER
LANE LINE PAINTING, VARIOUS STREETS,
1991 CONTRACT
CC -90 The City Council accepted the improvements for "Lane Line
Painting, Various Streets, 1991" and directed the Public
Works Director to file a Notice of Completion with the
County Recorder's office.
The contract was awarded to Traffic Limited, Lodi on
October 2, 1991, in the amount of $21,899.66. The contract
has been completed in substantial conformance with the
specifications approved by the City Council on September 4,
1991.
The contract completion date was December 4, 1991.
PUBLIC HEARING SET TO CONSIDER ADOPTION
OF THE UPDATED URBAN WATER MANAGEMENT
PLAN AND WATER SHORTAGE CONTINGENCY PLAN
CC -183(d) The City Council set a public hearing for January 15, 1992
to discuss the adoption of required updating of Lodi's
Urban Water Management Plan.
The City Council was advised that Assembly Bill 11
(Filante, 1991) requires by January 31, 1992 the adoption
of a water shortage contingency plan to be included in the
Urban Water Management Plan. Additionally, the City missed
a required updating of the original Urban Water Management
Plan due December 31, 1990. The Urban Water Management
Plan includes both the updating of the original plan and
the water shortage contingency plan. The adoption process
requires a public hearing and adoption by the City Council.
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Continued January 2, 1992
PROPOSED COMPLETION OF ANAGNOS REORGANIZATION,
INCLUDING ANNEXATION TO THE CITY OF LODI AND
DETACHMENT FROM CERTAIN DISTRICTS (LOCATED
AT THE NORTHEAST CORNER OF KETTLEMAN
LANE AND LOWER SACRAMENTO ROAD)
RESOLUTION NO. 92-3
CC -8(a) Council Member Snider abstained from discussion and voting
CC -300 on the following matter because of a possible conflict of
interest.
The City Council adopted Resolution No. 92-3 entitled, "A
Resolution of the Lodi Cit Council Ordering the Anagnos
Reorganization (LAFC 19-91� Without Notice and Hearing,
Including Annexation to the City of Lodi, and Detachment
from the Woodbridge Fire District and the SJC Resource
Conservation District".
The City Council was advised that on October 2, 1991 the
City Council adopted Resolution No. 91-180 entitled, "A
Resolution of the Lodi City Council for Application to the
San Joaquin County Local Agency Formation Commission in the
matter of the Proposed 'Anagnos Addition' Including the
Detachment of Certain Territory Within the Area Proposed
for Annexation to the City of Lodi".
Following a public hearing regarding the matter held on
December 6, 1991 by the San Joaquin County Local Agency
Formation Commission, LAFCO adopted Resolution No. 841
approving the Anagnos Reorganization (LAFCO 19-91)
Including Annexation to the City of Lodi and Detachment
from the Woodbridge Fire District and the SJC Resource
Conservation District with the.following condition:
a) The City of Lodi shall initiate separate
proceedings to propose annexation of the
three parcels located immediately north
along Lower Sacramento Road, containing
about 9 acres.
The Anagnos Addition encompasses three parcels, 801 East
State Route 12 (APN 027-040-30), 901 East State Route 12
(APN 027-040-29) and 1081 East State Route 12 (APN
027-040-14). It contains approximately 26.43 acres and is
located at the northeast corner of Lower Sacramento Road
and State Route 12 (Kettleman Lane).
The parcels were prezoned C -S, Commercial Shopping Center
by Ordinance No. 1520 adopted September 18, 1991.
Continued January 2, 1992
EMPLOYEE UNITS COMPENSATION SCHEDULES
FOR DISPATCHERS UNIT AND MAINTENANCE AND
OPERATORS UNIT AMENDED
RESOLUTION NOS. 92-4 AND 92-5
CC -34 The City Council adopted Resolution No. 92-4 amending the
CC -300 salary schedule for Police Dispatchers Unit and
discontinuing any City contributions to the Deferred
Compensation Program and adopted Resolution No. 92-5
amending the salary schedule for Maintenance and Operators
both to become effective January 6, 1992.
The City Council was advised that recent negotiations with
the Police Dispatchers Unit calls for a salary increase
effective the pay period beginning January 6, 1992. On the
same date, the City is discontinuing its contribution to
employees' deferred compensation accounts.
Further, the City Council was advised that the City has
entered into a Memorandum of Understanding with the
Maintenance and Operator Unit. That agreement calls for
adjustment to certain classifications effective January 6,
1992.
EXTENSION BY LESSEE LODI GRAPE
FESTIVAL OF LEASE FOR CITY PROPERTY
AT LODI STADIUM AND LAWRENCE PARK APPROVED
CC -90 The City Council was advised that on October 7, 1983 and
March 20, 1985 respectively, the City of Lodi leased to the
Grape Festival and Wine Show, certain property at the Lodi
Stadium and in Lawrence Park. These leases were for 7 and
10 years respectively.
Both leases contained a provision giving the lessee the
option of extending the lease for one 10 -year period. The
Grape Festival Board of Directors has now chosen to
exercise that option on both leases. A letter dated
November 21, 1991 indicating that desire was presented for
City Council review.
All terms of the existing leases would remain the same,
since the lessee has an absolute right to extend the leases
for the 10 -year period on the terms specified.
REPORT REGARDING AWARDING OF CONTRACT
FOR REMOVAL OF ABANDONED VEHICLES
CC -90 The City Council was advised by City Attorney McNatt that
questions have recently arisen about the manner in which
the City awarded the contract to Stubbs Paint & Body for
removal of abandoned vehicles. The following is a brief
overview of events with reference to applicable law.
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Continued January 2, 1992
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According to City files, Guthrie, Inc., DBA Stubb's Auto
Body & Paint, had an agreement with the City of Lodi for
removal of abandoned automobiles dating back to at least
1985. The agreement lapsed and was not extended because of
a 1989 federal court case from Santa Ana, California which
called into question the authority and procedures used to
abate non-operative cars.
After some clarification of the Santa Ana case, it was
determined that the City could once again abate abandoned
autos. There were numerous discussions between the
Community Development Department and myself over the
appropriate manner of handling the situation. It was the
feeling of the Community Development Department that the
contract should not be put out to competitive bid since we
had a long and satisfactory relationship with Stubbs Paint
& Body, and also due to the fact that no other towing
service at that time expressed any interest whatsoever in
submitting a proposal.
Under Municipal Code Section 2.30.070, contracts for
services would normally go to competitive bid. However,
that section allows the City Council to determine that such
competitive methods can be dispensed with where it would be
"in the best interests of the city" or where there is a
sole source supplier. I believe that was the position
taken when this contract was awarded. There are no other
State statues of which I am aware requiring this sort of
contract to be put to public bid, since it is not a "public
works contract" under applicable State law.
COMPENSATION SCHEDULE FOR EMPLOYEES
IN THE ELECTRIC UTILITY UNIT AMENDED
RESOLUTION NO. 92-2
CC -34 The City Council adopted Resolution No. 92-2 authorizing an
CC -300 across the board four percent (4.0%) salary increase for
all classes represented by International Brotherhood of
Electrical Workers (IBEW) Local 1245 in the Electric
Utility Unit, effective the pay period beginning December
23, 1991.
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COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
NEW YEAR'S EVE PROGRAM TO KEEP DUI
DRIVERS OFF THE ROAD APPLAUDED
CC -24(b) Mayor Pro Tempore Pennino stated that he rode with the
Police Department on New Year's Eve and complimented the
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Continued January 2, 1992
Police Department and Dial -A -Ride for their efforts in
attempting to keep DUI drivers off the road.
REQUEST TO EXTEND LATE NIGHT
BASKETBALL PROGRAM
CC -40 Council Member Sieglock indicated that he had recently
volunteered time with the Late Night Basketball Program and
complimented the Parks and Recreation Department and the
Police Department for their efforts on behalf of this
program. Mr. Sieglock further stated that he would like to
see this program continued.
LIQUOR LICENSE APPLICATION PROCESS EXPLAINED
CC -7(f) Mayor Pinkerton responded to a recent "Letter to the
Editor" which appeared in the Lodi New Sentinel regarding
the granting of liquor licenses indicating that the City
Council does not approve or disapprove these licenses and
advised that these licenses are issued by the State
Department of Alcoholic Beverage Control.
TRAFFIC FINE FORMULA EXPLAINED BY CITY ATTORNEY
CC -6 Mayor Pinkerton indicated that he had received a number of
CC -152 inquiries regarding the increase in traffic ticket fines.
City Attorney McNatt gave a brief report on the formula set
by the State of California and the Courts in establishing
the amount of traffic ticket fines.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS No comments were received under the "Comments by the public
on non -agenda items" segment of the agenda.
PUBLIC HEARINGS Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Pinkerton called for the Public
Hearing to consider the adoption of an urgency ordinance to
require water meters on all new water services.
URGENCY ORDINANCE REQUIRING WATER
METERS ON ALL NEW WATER SERVICES
URGENCY ORDINANCE NO. 1541 ADOPTED
CC -149 The City Council was advised that the proposed Urgency
CC -183(g) Ordinance to require water meters on all new water services
is required by Senate Bill 229. Other changes in language
were made to update Lodi Municipal Code 13.08, Water
Service, Article I.
It was also recommended by staff that the following section
on billing adjustments be added to section 13.08 of the
Continued January 2, 1992
proposed urgency ordinance. This addition only formalizes
the City's current practice for billing adjustments.
13.08.070 Billing adjustment.
When it is found that any charges for water service,
connections, installations, abandonments, etc., have been
incorrectly billed or that no billing has occurred, the
City has the right to make adjustments as determined by the
Public Works Director. Billings for undercharges or
credits for overcharges shall be subject to the three-year
limitation period found in the California Code of Civil
Procedure, Section 338.
There being no persons wishing to address the City Council
regarding the matter, the public portion of the meeting was
closed.
On motion of Council Member Hinchman, Pennino second, the
City Council adopted Urgency Ordinance No. 1541 entitled,
"An Urgency Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 13.08 - 'Water Service'",
including the following section:
13.08.070 Billing Adjustment
When it is found that any charges for water service,
connections, installations, abandonments, etc, have been
incorrectly billed or that no billing has occurred, the
City has the right to make adjustments as determined by the
Public Works Director. Billings for undercharges or
credits for overcharges shall be subject to the three-year
limitation period found in the California Code of Civil
Procedure, Section 338.
Ordinance No. 1541 passed by an unanimous vote of the City
Council.
PLANNING COMMISSION The City Council was advised that there had been no
Planning Commission Meeting since the City Council received
the last report.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On recommendation of the City Attorney and Insurance
Consulting Associates, Inc., the City Council, on motion of
Council Member Snider, Hinchman second denied the following
verified claims:
a) Judith and Don Smith, dba Mom's Kitchen,
date of loss, 12/10/91; and
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0A Continued January 2, 1992
b) Sergio Valenzuela vs City of Lodi, date of
loss 11/14/91.
ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk Reimche presented an application for Alcoholic
Beverage Control License which had been received for Joseph
Canepa, The Opponent, 112 South Cherokee Lane, Lodi, On
Sale Beer, Original License.
LETTER RECEIVED ASKING THAT TRUCKS
NOT BE ALLOWED TO PARK THE ENTIRE
LENGTH OF NORTH MILLS AVENUE
CC -45(a) City Clerk Reimche read a letter received from L. Benson,
CC -48(a) 714 North Mills Avenue, Lodi asking that trucks not be
allowed to park the entire length of North Mills Avenue.
The matter was referred to staff.
JOINT MEETING WITH LODI PARKS
AND RECREATION DEPARTMENT
At approximately 8:05 p.m., the City Council adjourned to a
Special Joint Meeting with the Lodi Parks and Recreation
Commission.
The City Council reconvened at approximately 9:30 p.m.
ORDINANCES There were no ordinance for adoption at this meeting.
REGULAR CALENDAR No items appeared on this agenda under the Regular Calendar.
CLOSED SESSION
CC -200(d) At approximately 9:30 p.m., the City Council adjourned to a
Closed Session regarding USA (WAPA) v. PG&E, NCPA and
Cities Case No. C-88-1600-WWS, United States District
Court, Northern District of California.
Council Member Pennino indicated that he wished to abstain
from discussion and voting on the matter and excused
himself from attending the Closed Session.
The City Council reconvened at approximately 9:45 p.m.
On motion of Council Member Hinchman, Snider second, the
City Council voted to dismiss Lodi's cross-appeal in the
hereinafter listed matter.
USA (WAPA) v. PG&E, NCPA, and Cities Case No.
C-88-1600-WWS, United States District Court, Northern
District of California
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Continued January 2, 1992
The motion carried by the following vote:
Ayes: Council Members - Hinchman, Sieglock, Snider, and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Pennino
ADJOURNMENT There being no further business to come before the City
Council, Mayor Pinkerton adjourned the meeting at
approximately 9:45 p.m.
ATTEST:
�W�AchWe� Alice M.
City Clerk
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