HomeMy WebLinkAboutMinutes - February 19, 1992/S
_ CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 19, 1992
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Pennino,
Sieglock and Pinkerton (Mayor)
Absent: Council Members - Snider
Also Present: City Manager Peterson, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
INVOCATION The invocation was given by Pastor Norm Mowery, First
United Methodist Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pinkerton.
ALLEGIANCE
PRESENTATIONS There were no awards, presentations, or proclamations
presented at this meeting.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Pennino,
Hinchman second, approved the following items hereinafter
set forth:
It was requested that the appropriate correction be made
to step E for the Sports Official V classification which
schedule appeared as an appendix to material relating to
agenda item #E-6 entitled, "Amend salary schedule for
temporary employees".
Further, agenda item #E-14 entitled, "Work statement
advertisement for proposals for a cost reduction study" was
removed from the Consent Calendar and discussed and acted
upon under the Regular Calendar.
CLAIMS CC -21(a) Claims were approved in the amount of $1,502,658.67.
MINUTES No minutes were presented for approval.
1
5f 7 Continued February 19, 1992
PURCHASE OF 12KV BUS CONDUCTOR
FOR THE INDUSTRIAL
SUBSTATION PROJECT
RESOLUTION 92-28
CC -12(d) The City Council adopted Resolution No. 92-28 awarding the
CC -300 bid for the purchase of 1,600 feet of 3", and 1,000 feet of
1.5" aluminum bus conductor to the sole bidder, Sefcor,
Inc, of Griffin, Georgia, in the amount of $17,804.61.
The City Council was advised that on January 15, 1992 it
approved specifications and authorized advertisement for
bids for electrical bus conductor. One bid was received
and opened on February 6, 1992:
Sefcor, Inc., Griffin, GA $17,804.61
The electrical bus conductor will be used in the
construction of the 12KV distribution structure at the
Industrial Substation. This structure, a major component
of the system expansion being installed at the site, will
provide additional electrical capacity, primarily for
industrial and commercial customers in the eastern part of
the City.
PURCHASE OF 12KV BUS FITTINGS
FOR THE INDUSTRIAL SUBSTATION PROJECT
RESOLUTION NO. 92-29
CC -12(d) The City Council adopted Resolution No. 92-29 awarding the
CC -300 bid for the purchase of approximately 1,300 connectors,
fasteners, and supports for use in construction of the
Industrial Substation's 12KV distribution structure to the
low bidder, Sefcor, Inc. of Griffin, Georgia, in the amount
of $36,692.85.
The City Council was advised that on January 15, 1992, the
City Council approved specifications and authorized
advertisement for bids for electrical bus fittings. Bids
were opened on February 6, 1992:
Sefcor, Inc., Griffin, GA $36,692.85
Maydwell & Hartzell, Brisbane, CA 40,498.75*
PowerCom, Orinda, CA 42,987.54*
*(Maydwell & Hartzell and PowerCom did not bid all items).
The electrical bus fittings will be used in the
construction of the 12KV distribution structure at the
Industrial Substation. This structure, a major component
of the system expansion being installed at the site, will
provide additional electrical capacity, primarily for
2
Continued February 19, 1992
industrial and commercial customers in the eastern part of
the City.
ACCEPTANCE OF IMPROVEMENTS AT
1248 SOUTH SCHOOL STREET
RESOLUTION NO. 92-30
CC -46 The City Council adopted Resolution No. 92-30 accepting
CC -300 the development improvements for 1248 South School Street.
The City Council was advised that improvements at 1248
South School Street have been completed in substantial
conformance with the requirements of the Improvement
Agreement between the City of Lodi and Seco Plumbing, Inc.,
dated November 2, 1990, as shown on Drawing No. 90DO68, and
as specifically set forth in the plans and specifications
approved by the City Council.
The streets to be accepted are as follows:
STREETS LENGTH IN MILES
Tamarack Drive 0.0
TOTAL NEW MILES OF CITY STREETS 0.0
SALARY SCHEDULE FOR TEMPORARY
EMPLOYEES AMENDED
RESOLUTION NO. 92-31
CC -34 The City Council adopted Resolution No. 92-31 approving an
CC -300 amended salary schedule as corrected for temporary
employees.
The City Council was advised that the City recently
completed negotiations with its bargaining units and made
appropriate changes to the effected salary schedules.
It was recommended that certain part-time salaries be
increased to reflect these same amounts. The amounts
include a 3.75% increase for all classifications except the
following:
a) Account Clerk, Administrative Clerk I/II,
Meter Reader, Heavy Equipment Mechanic and
Tree Trimmer. These classes are aligned to
correspond with the equivalent full-time
classification salaries.
b) Boat Attendant I, Cashier -Recreation,
Recreation Leader, and Recreation
3
Continued February 19, 1992
Scorekeeper have been increased to reflect
federal minimum wage requirements.
Other recommended changes are as follows:
a) That the following classifications be
deleted: Custodian, Police Matron, and
Deputy Water Conservation Officer Y -Rate.
b) That the title City Councilman be changed to
City Councilmember.
c) That the Laborer classification be re -titled
to Laborer A and that Laborer B be added as
indicated.
d) That the Mechanic classification be
re -titled to Heavy Equipment Mechanic.
These changes would be effective at the beginning of the
pay period in which this meeting falls.
Y
CONTRACT APPROVED FOR SCOTT BARNES
RESOLUTION NO. 92-32
CC -34 The City Council adopted Resolution No. 92-32 approving a
CC -300 Personal Services Contract for Scott Barnes.
The City Council was advised that there is currently a
vacancy in the Public Works Department due to the loss of
an Engineering Technician to the Electric Utility
Department engineering division.
Mr. Barnes has worked as an Intern in the Public Works
Department since June 1988. He is familiar with many of
the division functions and duties and is also proficient in
the use of the automated computer-aided drafting system,
Autocad. This system is an integral part of the work in
the engineering division.
Mr. Barnes is currently a student at a community college
and plans to transfer to a four-year institution next
year. He will be available to work with the City until
August 1993. This time period will give us the opportunity
to review the changing needs of the Public Works Department
and to recruit an employee to meet these needs.
4
Continued February 19, 1992
REQUEST FROM THE POLICE DEPARTMENT TO
USE FUNDS DERIVED FROM THE AUCTION OF
CONFISCATED WEAPONS TO SUPPLEMENT
THE SWAT TEAM'S EQUIPMENT AND SUPPLIES
APPROVED
CC -20 The City Council granted permission to the Police Department
CC -47 to use funds derived from the auction of confiscated
weapons to supplement the SWAT Team's equipment and
supplies.
Historically, for the past several years, the Lodi Police
Department, after authorization by the City Council, has
turned weapons over to Roger Ernst and Associates for
auction to gun dealers. The proceeds from this have been
used to supplement the purchase of weapons and other
equipment needed by the SWAT Team.
AGREEMENT WITH ST. JOSEPH'S MEDICAL CENTER
OF STOCKTON FOR FIREFIGHTERS
PHYSICAL FITNESS PROGRAM APPROVED
CC -90 The City Council approved an agreement with St. Joseph's
Medical Center of Stockton for the firefighters physical
fitness program and authorized the City Manager and City
Clerk to execute the agreement on behalf of the City.
Further, the City Council approved this contract without
competitive bidding with a finding that this action is
being taken in the best interest of the City.
During our negotiations with the United Firefighters of
Lodi in 1986 there was established a firefighters physical
fitness program which would meet very specific criteria.
It was negotiated to have St. Joseph's Fitness Center, a
division of St. Joseph's Medical Center, conduct the
program during the first three years of the program. When
we renegotiated the contract with the UFL in 1990 the
program continued in effect, but without the specific
wording which would require us to use St. Joseph's. We
have continued to use St. Joseph's due to the advantages of
having our medical records pertaining to the physical
fitness program and vaccinations kept in one place. We
have also been impressed with the fact that their prices
have increased very minimally during the past five years.
St. Joseph's has provided the Fire Department with
exceptional service and comes to our location to conduct
physicals, fitness assessments, and assessment follow-up
conferences. We are very pleased with their service and
find that the continuity of maintenance of medical history
records and the historical tracking of the progress of our
employees physical fitness is important to the continued
success of this program.
5
67-F
Continued February 19, 1992
Funds for the physicals, vaccinations and physical fitness
assessments are budgeted in the Workers Compensation fund.
The required funds vary depending on the number of new
employees we have; the number of vaccinations;
re -vaccinations, etc. We generally expend approximately
$10,000 to $12,000 per year for these services.
PUBLIC HEARING SET REGARDING THE NOTICE
OF PUBLIC NUISANCE AND ABATEMENT ORDER
REGARDING PROPERTY LOCATED AT 303 EAST
ELM STREET
CC -24(c) The City Council, by motion action, set for public hearing
on March 4, 1992, at the request of the Fire Marshal,
regarding the Notice of Public Nuisance and Abatement
Order, dated February 7, 1991 concerning the property at
303 East Elm Street.
The City Council was informed that on February 7, 1992, the
Fire Department issued a Notice of Public Nuisance and
Abatement Order for a structure located at 303 East Elm
Street, Lodi. During a conversation between the building
owner and the Fire Marshal, the building owner stated that
he did not intend to do any work to the building.
The building is currently unsecured and has combustible
waste material within the structure.
Notice of Public Nuisance and Order to Abate have been sent
to the legal owner and to Mr. Patrick Manly, who has a
legal interest in the property and is attempting to regain
legal title.
AUTHORIZATION GRANTED TO SOLICIT
PROPOSALS FOR CONCESSION OPERATIONS
AT LODI LAKE PARK
CC -6 The City Council authorized the solicitation of proposals
CC -40 for the operation of a food cart concession at Lodi Lake
CC -90 Park. Since the conversion of the snack bar to the
Discovery Center, the concession operation has consisted of
a food cart which offers a basic assortment of foods and
beverages.
The food cart concession, which is scheduled to operate on
weekends between May 1 and Memorial Day, daily between
Memorial Day and Labor Day, and weekends thereafter through
September, will not conflict with commitments to Kiwanis
and Lodi Tokay Rotary Clubs for operation of their own
concessions during special events in July.
Selection of concessionaire will be based on highest
percentage of return from gross sales receipts, as well as
experience and reputation of the concessionaire.
Continued February 19, 1992
The deadline for submitting proposals will be March 10,
1992.
AWARD CONTRACT FOR ARMORY PARK
AND SOFTBALL COMPLEX CONCESSION
RESOLUTION NO. 92-33
CC -90 The City Council adopted Resolution No. 92-33 awarding
CC -300 the contract for operation of concession stands at Armory
Park and the Softball Complex to Food and Fun Concessions
of Stockton for the period of February 19, 1992 through
December 31, 1995.
On January 15, 1992 the City Council authorized the
solicitation of proposals for operation of the concession
stands at Armory Park and the Softball Complex for the
period of February 19, 1992 through December 31, 1995.
Proposals were received from four vendors prior to the
deadline, January 27, 1992: Food and Fun Concessions of
Stockton; Snack Attack of Stockton, Nor -Cal Carts of
Stockton, and Gloria's Catering of Lodi.
Proposals were evaluated on the basis of experience in
concession operations, reputation, and percentage of gross
receipts returned to the City. Although Snack Attack and
Nor -Cal Carts offered higher percentages of return (28% and
30%, respectively), the experience and reputation offered
by Food and Fun Concessions suggests that the best
interests of the City would be well -served even at the 25%
rate of return proposed by Food and Fun. (Gloria's
Catering offered a 20% return).
Currently the concession operators at Spanos Center on the
University of Pacific campus, Food and Fun Catering has
shown the ability to provide high-quality food and service
in a professional manner while offering a reasonable rate
of return. For this reason, staff recommends that the City
Council award the contract to Food and Fun Catering for the
operation of concessions at Armory Park and the Softball
Complex.
S7�
/411
Continued February 19, 1992
i
ARBITRAGE REBATE SERVICES CONTRACT APPROVED
RESOLUTION NO. 92-34
CC -90 The City Council adopted Resolution No. 92-34 authorizing
CC -190 the City Manager and City Clerk to execute an agreement
CC -300 with the firm of Jones Hall Hill and White to calculate the
City's arbitrage liability and prepare arbitrage reports
for the Certificates of Participation re -financed December
18, 1991.
The City Council was advised that on August 7, 1991 the
City Council authorized the City Manager to execute an
agreement with the firm of Jones Hall Hill & White to
calculate the City's arbitrage liability and to prepare
arbitrage reports required by the Internal Revenue Service
for the Certificates of Participation issued by the City to
finance construction at the White Slough Water Pollution
Control Facility. On December 18, 1991, the City
refinanced these Certificates of Participation to obtain
better interest rates. Accordingly, a new agreement is
required to continue the rebate calculation services
provided by Jones Hall Hill & White.
As discussed in the Council Communication dated August 7,
1991, arbitrage earnings are the interest earnings from the
investment of bond proceeds at interest rates greater than
the rates paid to bond holders. In short, the City is
prohibited from making a profit by investing bond
proceeds. Under the 1986 Tax Reform Act, excess earnings
(profit) must be reported to the Internal Revenue Service
yearly and then paid to the Internal Revenue Service at the
end of five years from the date the bonds were issued. The
1986 Tax Reform Act requires that bond proceeds be expended
in full by the end of the fifth year from when they were
received. Failure to comply with the 1986 Tax Reform Act
could result in withdrawal of the "tax exempt" status of
these Certificates of Participation and would result in the
interest earnings paid to bond holders becoming "taxable
earning" versus "non-taxable earning" which they now are.
This would also adversely affect the future credibility of
the City in the bond market when seeking financing.
Because of the importance of the arbitrage calculation to
bondholders and to the City, it is recommended that the
City continue to contract with a firm that specializes in
preparing these calculations and reports.
Jones Hall Hill & White was recommended and approved by
Council on August 7, 1991 to be the firm to prepare the
rebate calculations and official reports based on their
prior experience and reputation. Jones Hall Hill & White
was selected by the City after review of four proposals for
this service.
Continued February 19, 1992
// ;Ii, .,l
Considering that only six months have passed since the
contract was first awarded to Jones Hall Hill & White, it
is the staff's recommendation that the City continue to
contract for these services with this firm.
The cost to the City for Fiscal Year 1991-92 will be
$4,000, $2,000 for each year for each of the next four
years and $500 per year for the bond reserve fund.
CONSULTANT AGREEMENT WITH THE ENGINEERING
FIRM OF BROWN AND CALDWELL FOR DESIGN
OF GRANULAR ACTIVATED CARBON (GAC) DBCP
TREATMENT UNITS FOR WELLS 18, 19, 20, 22,
AND 23 APPROVED
CC -90 The City Council authorized the City Manager and City Clerk
to execute a consultant agreement with the engineering firm
of Brown & Caldwell for the design of granular activated
carbon (GAC) DBCP treatment units for Wells 18, 19, 20, 22
and 23 and appropriated $95,000 from the Water Capital
Outlay Fund for this phase of the project.
The DBCP treatment study prepared by Brown & Caldwell (B &
C) and approved by the State Department of Health Services
calls for the use of granular activated carbon units to
remove DBCP from City wells. B & C was selected to prepare
the plans and specifications for the first GAC unit at Well
16. Their familiarity with Lodi's well sites and their
previous experience in preparing plans and specifications
for us will be very helpful in meeting the State mandated
October 1992 deadline for the installation of these units.
The design cost for these five units is $79,000 plus City
staff time costs and miscellaneous expenses and
contingencies for an estimated total of $95,000.
FINAL MAP AND IMPROVEMENT AGREEMENT
FOR ALDER PLACE, TRACT NO. 2531
CC -46 The City Council approved the final map for Alder Place,
Tract No. 2531, and directed the City Manager and City
Clerk to execute the Improvement Agreement and map on
behalf of the City.
Vinewest Development, the developer of this subdivision,
has furnished the City with the improvement plans, the
necessary agreements, guarantees, insurance certificates,
and fees for the proposed subdivision.
The subdivision is located at 2410 Cochran Road, 814
Community Drive, and 2323 West Vine Street, and contains a
total of nineteen single-family residential lots.
4
7 Continued February 19, 1992
TRAFFIC RESOLUTION AMENDMENT -
MAPLE STREET AT WASHINGTON STREET
AND DEFORCE AVENUE AT SCHOOL STREET,
INTERSECTION CONTROL, CONVERSION FROM
YIELD SIGNS TO STOP SIGNS
CC -48(h) The City Council adopted Resolution No. 92-35 amending the
CC -300 Traffic Resolution #87-163 by approving the conversion of
"yield" signs to "stop" signs at the intersections of Maple
Street at Washington Street, and DeForce Avenue at School
Street.
The intersections of Maple Street at Washington Street and
DeForce Avenue at School Street have been studied due to
their accident rates. The accident rates at these two
locations ranked highest on our study list when compared to
all other intersections controlled with yield signs.
Available accident records for a three-year period indicate
that at the intersection of Maple Street and Washington
Street, three of the six reported accidents were
correctable with the installation of stop signs. At the
intersection of DeForce Avenue and School Street, three of
the nine reported accidents were correctable with the
installation of stop signs.
Based on the low traffic volumes and disproportionately
high number of accidents, staff recommends converting the
"yield" signs to "stop" signs at both of these
intersections. Multi -way stop controls are not justified
at either of these locations.
****************************************
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
SUGGESTION RECEIVED REGARDING
CITY'S UTILITY BILLINGS
CC -16 Council Member Hinchman referred to the letter received
CC -51(a) from Norma Jean Gates, 910 Dianne Drive, Lodi asking for
comparative data on City utility billings stating that he
felt the request was valid and that the City should look
into providing such information on its billings. Further,
Council Member Hinchman suggested that a street level
mailbox be provided in front of City Hall for the payment
of utility bills. Finance Director Flynn responded that he
is currently looking at revamping the City utility bill
format and that he will be coming back to Council shortly
with suggestions regarding the matter.
10
Continued February 19, 1992
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 appeal of Cal-Pac Roofing, Inc.,
11350 Monier Park Place, Rancho Cordova, California 95742
appealing the decision of the Lodi Chief Building Official
not to let their company roof over existing shake and wood
shingle roofs with Decrabond Tile as per ICBO Report 3409.
APPEAL OF CAL -PAC ROOFING, INC.,
11350 MONIER PARK PLACE, RANCHO CORDOVA
APPEALING THE DECISION OF THE LODI
CHIEF BUILDING OFFICIAL NOT TO LET
THEIR COMPANY ROOF OVER EXISTING SHAKE
AND WOOD SHINGLE ROOFS WITH DECRABOND
TILE AS PER ICBO REPORT 3409
CC -24(b) The City Council was advised that Cal-Pac Roofing, Inc.,
CC -53(b) and the City's Chief Building Inspector have been in
discussion over this appeal since September, 1991.
Chief Building Inspector Houston gave the following
response regarding the appeal.
Cal-Pac Item No. 1 - ADDITIONAL WEIGHT
Our product weighs 1-1/2 lbs./sq. ft. An existing heavy
shake roof weighs about 2-1/4 lbs./sq. ft. when dry,
installed over a heavy shake weighs about 3-3/4 lbs./sq.
ft., marginally heavier than the existing shake roof when
wet and well within the design load limit of 7 lbs./sq.
ft. We feel that our product is being confused with other
so called "light weight roofing tiles" which weigh 6-8
lbs./sq. ft. and require the conditions required by your
Building Department.
I am not confusing Decrabond Tile with other tiles. I know
exactly what the product is. Let me give you an example of
what we commonly find when an existing shake roof is
removed.
Say the home was constructed 35 years ago with a roof
framing system which was barely adequate to support its
wood shingle roof, which was popular in that era. After 15
years, the house was reroofed with shakes over the top of
the existing shingles. This would have been prior to the
City of Lodi requiring a building permit for reroofing,
which began June 1, 1982. The rafters are now overloaded.
11
Continued February 19, 1992
Even though Decrabond is a relatively light -weight roofing
product, no additional load should be added to this already
overloaded roof. By removing the shake and single roof,
the weight of the roof will be returned to its original
level.
Cal-Pac Item No. 2 - CONDITION OF EXISTING ROOF STRUCTURE
Dry -rot (or more correctly wet rot) needs moisture to
exist. It is mostly found around the perimeter of a
structure, along the eaves. Our method of installation
ensures we find and replace any damaged wood.
Dry -rot can occur anywhere in a roof structure. It is not
unusual to find 1 x 4 spaced sheathing or solid sheathing
and rafters rotted in areas where the shakes appear to be
still intact. This is caused by a leak higher up on the
roof running down the rafter or solid sheathing thus
saturating them under the shakes. Unless the shakes are
removed, there is no way to detect this deterioration.
Decrabond's ICBO Research Report No. 3409 and the 1988
Uniform Building Code both require that the existing roof
must be inspected and approved prior to application of new
roof coverings.
Our inspections have revealed that 9 out of 10 shake roofs
in Lodi are deteriorated to a point that we would not allow
reroof over them with any roofing product.
We are not singling out Decrabond tile. We do not allow
any roofing product to be installed over shakes.
Cal-Pac Item No. 3 - ATTACHMENT OF ROOF TO EXISTING ROOF
SUB -STRUCTURE
We install a lumber grid system which is attached through
the existing wood shingle or shake roof to the structure
below. Our roof system provides a structural diaphragm
equivalent to installing 15/32 plywood and improves the
diaphragm created by spaced sheathing by approximately 300%.
The lumber grid system used by Decrabond Tile is similar to
the systems contained in research reports for other roofing
products including other metal tiles, clay and cement tile
and shakes. The key is to make sure the 1" x 4" counter
battens are being nailed to the existing roof structure in
a proper manner. Shakes are installed over 1 x 4 spaced
sheathing. This leaves a 4" gap between each 1 X 4. If
the 1 x 4 counter battens are installed over the existing
shakes, it is impossible to tell if the nails have hit a 1
x 4 or are in an open space.
12
Continued February 19, 1992
However, if the shakes are removed and the spaces filled in
or the roof sheathed with plywood, we are then guaranteed a
positive connection between the new counter batten system
and the existing roof structure.
Per Section II.c. of Decrabond's research report an
underlayment of two layers of 15 -pound organic felt (tar
paper) or one layer of 30 -pound felt is required in areas
subject to blowing dust or sand must be installed. It is a
well-known fact that the Lodi area has serious peat dust
storms. We also have high winds during rainstorms which
will drive water into the smallest of openings. Unless an
interlocking roof system is backed up by a felt barrier,
leaks will result. Felt cannot be installed over existing
shakes because as the workers walk on the felt, it will be
torn at the offsets in the rows of shakes. Felt must be
installed over a smooth surface such as plywood or an
existing composition roof.
I do not agree with Cal-Pac's claim that the owner is
getting a superior roof when Decrabond is installed over
existing shakes. Don't get me wrong, Decrabond is an
excellent product, but not when it is installed over a
deteriorated shake roof with nailing of questionable value
and no felt backup system.
If you have any questions, I would be happy to address them
at this time.
Speaking on behalf of the appeal of Cal-Pac Roofing, Inc.
were the following people:
a) Frank Swartz, 18231 Abbott Lane, Villa Park,
California; and
b) Gary Nickle, 5388 Willow Lake Court, Byron,
California.
There being no other persons in the audience wishing to
address the City Council regarding the matter, the public
portion of the hearing was closed.
Following a lengthy discussion with questions being
directed to staff and to those who had given testimony, the
City Council on motion of Council Member Sieglock, Pennino
second, denied the appeal of Cal-Pac Roofing, Inc., 11350
Monier Park Place, Rancho Cordova, California 95742
appealing the decision of the Lodi Chief Building Official
not to let their company roof over existing shake roofs
with Decrabond Tile as per ICBO Report 3409. Further, the
City Council determined on motion of Mayor Pro Tempore
Pennino, Sieglock second, that it would allow roofing with
Decrabond Tile over existing wood shingle roofs following
approval by the City of Lodi Building Department.
13
b &a
J Continued February 19, 1992
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
February 10, 1992.
CC -35 The Planning Commission -
a. Recommended approval of the following requests of Dana
Smith:
1. to amend the Land Use Element of the Lodi
General Plan by redesignating a 6.71 acre
portion of the parcel located on Woodhaven
Drive, north of Turner Road, west of Eilers
Lane and south of the WID canal (APN
015-230-29) from PR, Planned Residential to
MDR, Medium Density Residential (GPA LU
92-1, General Plan Amendment 92-1).
2. to prezone a 6.71 acre portion of the parcel
located on Woodhaven, Drive, north of Turner
Road, west of Eilers Lane and south of the
WID Canal (APN 015-230-29) PD -28, Planned
Development District No. 28.
3. to certify the filing of a Negative
Declaration by the Community Development
Director as adequate environmental
documentation on the above projects.
On motion of Mayor Pro Tempore Pennino, Hinchman second,
the City Council set the heretofore listed matters for
public hearing on March 4, 1992.
Further the Planning Commission
b. Conditionally, approved the following requests of
Environmental Management Technologies, Inc.
1. for a Use Permit to operate a soils
recycling facility at 1333 East Turner Road
in an area zoned M-2, Heavy Industrial; and
2. to certify the filing of a Negative
Declaration by the Community Development
Director as adequate environmental
documentation on the above project.
C. Denied the request of Ad Art Signs, Inc. on behalf of Lodi
Honda to amend Section 17.63.420 of the Lodi Municipal Code
(Sign Ordinance) to increase the allowable size of an
advertising display adjacent to a freeway to 700 square
feet.
14
Continued February 19, 1992
d. Accepted withdrawal of the request of Claude C. Wood Co.
Inc. to abandon East Lockeford Street from Beckman Road to
Cluff Avenue.
e. Continued the following items until 7:30 p.m., Monday,
March 9, 1992:
1. Request of Lodi Honda for a Use Permit to
install a programmable electronic display
identification sign on an existing 70' high
sign structure at 1700 South Cherokee Lane
in an area zoned C-2, General Commercial;
and
a) Michael and Patricia Drouin, date of loss
11/28 through 12/14/91.
ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk Reimche presented an application for Alcoholic
Beverage Control License which had been received from
Rick's New York Style Pizza, Inc., 1320 Lakewood Mall,
Lodi, California, On Sale Beer and Wine Eating Place,
Premise to Premise Service Charge.
15
2. Request of Lodi Honda for a Zoning Variance
to increase the maximum allowable sign size
from 480 square feet to 818 square feet at
1700 South Cherokee Lane in an area zoned
C-2, General Commercial.
RECESS
Mayor Pinkerton declared a five-minute recess and the City
Council reconvened at 8:50 p.m.
CLOSED SESSION
At 8:50 p.m., the City Council adjourned to a Closed
Session regarding Litigation - Celiz/Lovell v. City of
CC -200(d)
Lodi, San Joaquin County Superior Court #227183/227151.
At approximately 9:15 p.m., the City Council reconvened.
No formal action was taken by the City Council regarding
the Closed Session topic.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On motion of Council Member Hinchman, 5ieglock second, the
City Council_ denied the following claim and referred it
back to Insurance Consulting Associates, Inc., the City's
Contract Administrator:
a) Michael and Patricia Drouin, date of loss
11/28 through 12/14/91.
ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk Reimche presented an application for Alcoholic
Beverage Control License which had been received from
Rick's New York Style Pizza, Inc., 1320 Lakewood Mall,
Lodi, California, On Sale Beer and Wine Eating Place,
Premise to Premise Service Charge.
15
/6- ,
Continued February 19, 1992
APPOINTMENT OF LILLIAN GOLDSMITH
AS LODI SENIOR CITIZENS COMMISSION'S
REPRESENTATIVE ON THE LODI AD HOC
TRANSPORTATION COMMITTEE
CC -2(n) On motion of Council Member Hinchman, Pennino second, the
City Council concurred with the Mayor's appointment of
Lillian Goldsmith to replace Don Ochs as the Senior
Citizens Commission's representative on the Lodi Ad Hoc
Transportation Committee.
RESIGNATION FROM LODI PARKS AND
RECREATION COMMISSION
CC -2(h) Following receipt of the resignation of Dennis W. Jones
from the Lodi Parks and Recreation Commission, the City
Council on motion of Council Member Hinchman, Sieglock
second, directed the City Clerk to post for the vacancy on
the Lodi Parks and Recreation Commission created by this
resignation. Mr. Jones's term was due to expire on
December 31, 1994.
PACIFIC BELL REQUEST RATE INCREASE
BEFORE -THE CALIFORNIA PUBLIC UTILITIES
COMMISSION
CC -7(f) City Clerk Reimche presented a notice that had been
received advising of Pacific Bell's request before the
California Public Utilities Commission (CPUC) to authorize
a temporary rate increase of $9.25 million to recover the
cost of undergrounding telephone facilities in areas
destroyed by the recent Oakland Hills fire.
CITIZEN ASKED FOR COMPARATIVE DATA
ON CITY UTILITY BILLINGS
CC -16 Following receipt of a letter from Norma Gates, 910 Dianne
CC -51(a) Drive, Lodi, the City Council referred the matter to staff.
REGULAR CALENDAR
LODI DOWNTOWN PARKING
CC -72 City Attorney McNatt advised the City Council that at the
CC -150 January 22, 1992 meeting between Mayor Jim Pinkerton, Lodi
Downtown Business Association representatives Dan Battilana
and John Borelli, and himself, several questions arose
concerning parking enforcement in downtown Lodi.
One of the possibilities discussed involved a
self-assessment of LDBA members to create a fund which
could then be used to reimburse customers who receive
parking citations while shopping downtown. There would be
several advantages to this approach. First, it would
16
Continued February 19, 1992
require no procedural changes in how the City handles
parking citations. A customer receiving a citation would
pay the fine and take the receipt to the store where he or
she shopped when the citation was received. If the store
verified the person was a bonafide customer, reimbursement
would be made.
This would also discourage overtime parking by downtown
merchants and employees, since the two-hour limit would
continue to be enforced and they would not be eligible for
reimbursement under the LOBA policy. Overtime parking by
downtown business people was one of the major points
discussed previously.
It was suggested that if this approach was used, that a
"two-tier" system of fines be explored. If bail was posted
promptly (for example, within 48 hours), a lower bail would
apply, and if delayed, the bail would increase. This
appears to be feasible.
The Lodi Municipal Court, which sets bail for such
violations, already has a "two-tier" bail system in place
allowing a lower bail if promptly posted. Although the
City Attorney has no knowledge of the logistics under which
citations are transmitted to the Court, he believes it
would be possible to coordinate between the Finance
Department and the Court to allow such expeditious handling.
Although the citations have i
them when issued, this is
citation before it is given
on the citation and the bail
confirm whether a violator w
person.
o vehicle owner information on
obtained and added to the
.o the Court. Having the name
receipt would help the LDBA to
,s a customer or an ineligible
As a side note, information received from the Finance
Department shows that of the $5.50 bail now set by the
Court for overtime parking, State mandated costs make up
about $5.06 of that amount, with the City receiving the
other $0.44 per citation. Our past experience with the
Court has shown the Judges to be cooperative with any
reasonable request from the City in establishing parking
fines/bails. However, it should be remembered that the
City has no direct control over the bail -setting for such
violations an as no control at all over the amount of
State -mandated surcharges imposed.
A second option discussed was the use of "stickers"
purchased from the City by LDBA which would then be affixed
to parking citations to cover bail or fine. Admittedly,
this is a new concept which has not been tried elsewhere to
my knowledge and it probably would involve changing the
collection procedures. The proposal as discussed would go
as follows:
17
J TG Continued February 19, 1992
1. The City sells validation stickers to LOBA
members. The cost covers at a minimum, the
State -mandated costs (presently
approximately $5.00) since these fees apply
to all parking citations issued, even if
the City instead of the Court collects the
bail.
2.
3.
Customers receiving the citation would then
take them to the merchants who would affix a
validation sticker.
The citation is then delivered to the City
Finance Department and is never processed by
the Court.
4. It would probably be necessary to have a
strict time limit such as 48 or 72 hours
after which the citation would be forwarded
to the Court for routine processing if the
sticker is not used.
There are obviously pros and cons to this idea. It
probably would require the merchants to pay in advance for
a sheet or book of validation stickers. This might be to
the City's benefit because we would get the funds up
front. However, these stickers could be lost, stolen, or
misused. It would also require the City to establish a new
procedure adopted under a new ordinance to handle this
process. Staff resources needed for this program can't be
predicted at present, and other problems (such as
unforeseen bail increases after stickers are issued) might
arise.
Another possibility discussed involved simply terminating
routine parking enforcement in downtown, such as the City
of Tracy has done. This is the most drastic option which
may not be acceptable to anyone.
In Mr. McNatt's discussion with Tracy City Attorney Debra
Corbett, she indicated that that their "complaint only"
parking enforcement program has not generated a great deal
of problem, and she was unaware of specific complaints.
However, Tracy is presently working on a new downtown
redevelopment plan which will likely contain a "parking
element" that will change the situation entirely.
On a related point, it was suggested that lunch hours for
Lodi's parking enforcement assistants be staggered so as to
provide better coverage around noon. Finance Director
Dixon Flynn has said this is possible, but he does not
believe this would significantly increase coverage, since
the cycles of tire marking and citation issuing do not
generally overlap between 12:00 and 1:00 o'clock.
7/
Continued February 19, 1992 f
City Attorney McNatt included the following additional
information in this report.
On February 13, 1992, Mayor Jim Pinkerton and the City
Attorney met with Lodi Downtown Business Association
representatives Dan Battilana and John Borelli regarding
the downtown parking situation. They indicated the
consensus arrived at by the general membership of the LDBA
at its recent meeting involved the following
recommendations:
1. Keep the parking fines as low as possible.
The present $5.50 figure is preferred, but
the merchants understand the fiscal
considerations and would not object if the
fines were increased slightly to the $8.50
area.
2. Change permit parking charges so that permit
holders can pay monthly or quarterly. In
addition, the Association asked if it was
possible to purchase quarterly or yearly
permits at a slightly reduced rate, such as
annual permits sold for approximately $100.
This would benefit the employees who might
find it easier to pay parking permit fees on
a monthly basis as well as those merchants
who know they will be in the area for the
entire year and who would benefit from the
lower rate for a longer term.
3. No changes in the Municipal Code are
recommended. No support was voiced for
validation stickers. Some merchants already
reimburse customers for parking fines.
4. It was agreed that regular enforcement of
parking restrictions by the City should be
resumed.
A lengthy discussion followed with questions being directed
to staff and to representatives of the Lodi Downtown
Business Association who were in the audience.
On motion of Council Member Hinchman, Sieglock second, the
City Council approved raising parking fines to $8.50 and
directed staff to report back to the City Council with
suggested rate structures for permits to park in the city's
permit -only parking lots.
GRAFFITI AND GRAFFITI ABATEMENT
CC -13 City Manager Peterson reported that Mr. Arthur Price, 1053
Port Chelsea Circle, Lodi had requested that the subject of
19
Continued February 19, 1992
s
graffiti and graffiti abatement be placed on the agenda so
that he could update the City Council on his observations
regarding the matter.
Mr. Price reported that the City Council of Lodi passed a
Grafitti Abatement Ordinance in January 1991. After
waiting until April 1991, he contacted Mr. Jack Ronsko,
Public Works Director, as to why there was no apparent
implementation of the ordinance. Mr. Ronsko advised him
that a volunteer program by the Woman's Club of Lodi was
being put in place. Mr. Price participated in this
volunteer program which started strongly but foundered in
August due to internal problems at the Woman's Club. When
all progress by the Woman's Club stopped, Mr. Price wrote a
letter to the Club expressing his disappointment in the
collapse of its program. Mr. Price then wrote a letter to
Mr. Ronsko again pertaining to his intent in implementing
the ordinance. Despite the good intentions of the Woman's
Club, its program resulted in a delay of almost one year in
the implementation of an effective Grafitti Abatement
program. In response to his letter, Mr. Ronsko set up an
appointment for Mr. Price to meet Mr. Glenn Baltzer, Street
Superintendent, to discuss the grafitti problem. Mr.
Baltzer enlisted Mr. Price's aid in obtaining "Hold
Harmless" agreements. On February 2 and 3 he obtained
"Hold Harmless" releases for nine properties in the area
designated as District 2 in the abatement program --roughly
east of the railroad tracks between Lodi Avenue and Tokay
Street. In obtaining these releases he discovered how
difficult it would be for him as a sole volunteer to have
any real impact. Many of the properties where work was
needed were closed on weekends or vacant. Mr. Price works
in Stockton and cannot be in Lodi on weekdays. But really
more to the point is the fact that his activity would be a
palliative, an excuse for further delay in implementing an
effective program. He is willing to continue working but
is not willing to play that role.
In talking with Mr. Baltzer, he made clear to Mr. Price the
problems he encountered in combatting grafitti. His crew
has full-time work on the streets, street signs,
intersections, maintenance, etc. At best combatting
grafitti could be but a minor activity for his crews. They
are neither trained nor prepared to match paints, remove
certain types of substances, obtain "Hold Harmless" forms
or search out areas where grafitti is prevalent but off the
beaten path. Above all private citizens and public
officials, as well as the police, know that prompt removal
of grafitti is essential. Grafitti allowed to remain
breeds grafitti. At best Mr. Baltzer's crew could only
make an occasional "sweep" through an area. He made it
clear that his men could not "hopscotch" the City. Mr.
Price fully understands Mr. Baltzer's dilemma and concurs
in his conclusions.
20
Continued February 19, 1992
17
/
Mr. Price therefore requested that the Council consider and
approve an alternative solution --the use of an independent
contractor to perform the Grafitti Abatement services.
There is in Lodi such an independent contractor, Mr. Dennis
Cochran, DBA Grafitti Abatement Service, State Contractors
License #413098. Mr. Cochran is licensed in Lodi and
Stockton, a member of the Chamber of Commerce and is bonded
for one million dollars by Sanguinetti Insurance Company.
Mr. Price has no personal interest in his company other
than to have seen his work and performance. He knows also
that as Lodi residents we share a dedication to keep Lodi a
clean, beautiful, grafitti-free city. Mr. Cochran is an
expert in his field. He has a complete anti-grafitti
program which can include a grafitti resistant paint, paint
blending and removal of foreign substances on both public
and private edifices, mail boxes, power boxes, etc.
regardless of the surface involved. Mr. Price hopes his
company makes a profit but that is not his concern. He
knows he has cleaned up some areas of grafitti at his own
expense. He has also been told by Mr. Ronsko that Mr.
Cochran's charges are much lower by far than could be
provided by the City without even approaching his level of
expertise. At Mr. Price's request Mr. Cochran is
submitting a proposal to the Council. The stated objective
of the proposal is to eliminate grafitti from Lodi.
Included in a packet presented for Council's review was
several testimonials including a letter from Congressman
John T. Doolittle and two photos. The first because Mr.
Price was amazed that such a large amount of grafitti could
be removed in only five minutes. The second because it is
in his neighborhood. Mr. Price knows in fact that he has
returned five times to touch it up. What Mr. Cochran fails
to say is that the vandals, knowing that their efforts are
futile, have stopped marking up the wall altogether. Mr.
Cochran has a full portfolio of color "before and after"
shots which show his work. Mr. Price is sure he will make
himself available to the Council to amplify his remarks and
answer any questions that the members might have for him.
Mr. Price makes this recommendation whole -heartily because
he is convinced that Mr. Cochran will complete the task set
before him.
When the Council enacted the Grafitti Abatement ordinance
it made an important decision for the future of Lodi.
However, to this point the decision has not been
accompanied by a determination to succeed, followed by an
allocation of resources sufficient to ensure success. The
time to act is now. The City deserves no less.
Addressing the City Council regarding the matter were:
a) Mr. Dan Danino, 256 Prado Way, Stockton;
b) Mr. Ed Wahl, 1026 Port Chelsea, Lodi;
21
Continued February 19, 1992
c)
d)
e)
Mrs. Virginia Lahr, 311 East Elm Street,
Lodi;
Sgt. Richard Dean, Lodi Police Department;
and
Mr. Dennis Cochran, 935 Coloma, Lodi.
A lengthy discussion followed with questions being directed
to staff and to those who had spoken regarding the matter.
Staff was then directed to report back to the City Council
at its next meeting with possible solutions to concerns
that were raised during this discussion. Further, members
of the City Council encouraged community volunteer efforts
in dealing with this problem.
KOFU PARK BATTING CAGE PROJECT
CC -27(c) The City Council was advised by Parks and Recreation
Director Ron Williamson that we have been approached by the
Boosters of Boys/Girls Sports Organization and Tokay High
baseball program to construct a batting cage at Kofu Park.
The location of this facility would be on the first base
side of the field near the right field fence and water
outlet storm drain, in foul territory. This would be a
permanent installation that will allow batting practice
facilities like the batting cage operation constructed at
Zupo Field some two years ago. Since the batting cage will
be near and on the berm that ascends from the bottom of the
basin up to a levy for holding storm waters, we would be
constructing two retaining walls, made up of railroad ties
to hold the rock and earthen fill to raise the cage area
above any potential high water level.
A storage building 15' x 12' x b' would also be constructed
to house the pitching machine(s) and batting cage netting.
For each use, the doors of the building would be opened,
the netting pulled out the length of the cage area, and
pitching machine pulled out to a stationary area to pitch
balls to a batter. Electricity would be run to the cage to
operate the pitching machine. Again, this would be
installed above any high water area.
Tokay High School, under their coaches, would control the
operation of the cage during high school practice or
pre -game situation. Likewise, the B. 0. B. S./City would
schedule and assign and operate for our youth baseball team
usages.
This project was presented to the Parks and Recreation
Commission on February 4, 1992, and received their total
approval by a vote of 5-0, and comes to you as their
22
Continued February 19, 1992
recommendation for support of this project. It should also
be mentioned that "Public Notices" were hand carried and
issued by Scott Essin, Parks Superintendent, to the
residents on Cardinal and South Sunset streets, inviting
them to attend the Commission meeting for input. No one
attended our meeting.
Also addressing the City Council regarding the matter were:
a) Mr. Ed Wahl representing the Boosters of
Boys and Girls Sports (BOBS); and
b) Mr. Paul Lavotti, Tokay High School Baseball
Coach.
A lengthy discussion followed with questions being directed
to those who had addressed the City Council regarding the
matter.
Action was deferred on the matter to allow members of the
City Council time to view the area proposed for the project.
PLANS AND SPECIFICATIONS FOR THE
LEASE/PURCHASE OF A MODULAR OFFICE
BUILDING FOR THE ELECTRIC UTILITY
DEPARTMENT APPROVED
CC -12.1(c) The City Council was advised that temporary mobile offices
were installed in 1986 and 1989 at the Electric Utility
Service Center due to insufficient space for housing of
staff. Use Permit extensions for these temporary
facilities were granted at the last extension request (May
1991) for a one-year period with the condition that
permanent facilities be constructed -On July 17, 1991, the
CityoC unci I approved the Architectural Service Agreement
for development of plans, specifications and biddin
document for the installation of a modular (portable}?
office building.
The Electric Utility Department has been diligently
pursuing a solution to its overall space deficiency since
1988. These deficiencies include general office space,
rest room facilities (no women's rest room at all), control
room compaction, tool and vehicle storage, tool and
equipment repair shops and lack of any conference room.
Schematic design plans to address all of these needs have
been prepared and presented to the City Council on several
occasions in the past. Development of these plans into
construction plans followed by actual construction has been
placed on hold due to other construction needs within the
City organization. This recommendation will not address
all the deficiencies listed above; it will only provide
intermediate relief in the areas where relief must be
provided at this time.
23
/ ?4' Continued February 19, 1992
The estimated value of this building installed on the site
is $160,000. Bid opening date has been set for March 25,
1992.
On motion of Mayor Pro Tempore Pennino, Hinchman second,
the City Council approved the plans and specifications and
authorized advertising for bids for the lease/purchase of a
modular office building for the Electric Utility Department.
COST REDUCTION STUDY
CC -6 City Finance Director Dixon Flynn reminded the City Council
CC -21(b) that at a Shirtsleeve Session of the City Council on
November 5, 1991, staff presented the Council with an
analysis of the City's current fiscal condition and
recommended actions to be taken to ensure the long term
financial health of the City and to ensure a balanced
budget in 1992-93. At the conclusion of this meeting and
again in January 1992, the City Council advised staff to
first determine the cost savings and cost reduction
measures that could be adopted before recommending or
L requesting the Council to consider new fees and/or taxes.
Accordingly, the staff recommended that the City contract
with a qualified consultant to conduct a cost study to
determine where the City could reduce and/or defer
operating cost by 5% or more. One or more of the following
actions might result in a cost reduction of this size:
° Improved supply discipline
° Privatization of services
Elimination of duplicate services, functions
and equipment between and within Departments
Consolidation of services, functions and
equipment between and within Departments
° Improved efficiencies through automation and
use of new technologies
Reduction of regular, part-time and
temporary staff, if necessary
The 1992-93 Budget will be prepared in a setting of
economic uncertainty, declining revenues at the City, State
and Federal levels of government, in an election year,
during a time of voter animosity toward increased taxes and
fees and when citizens are demanding the same or greater
levels of government services. To balance the demand for
services within the City's capacity to pay for these
services, the City will have to look for new and innovative
ideas, policies and procedures to stretch the limited
24
Continued February 19, 1992
fiscal resources of the City to the greatest extent
reasonable.
The City's General Fund reserve is at the lowest level it
has been in many years. Less than one-half of one month's
operating expenses are available to fund contingencies,
emergencies, and unanticipated requirements. Normally,
Lodi as well as most cities target to maintain a reserve
equal to two (2) months operating expenditures. In the
last four years, the City has had to reduce reserves to
fund current service levels, employee salary increases and
routine operating costs. This is a trend which the City
needs to reverse in Budget Year 1992-93. The City's
Finance Director estimates that the City will have to
reduce costs or raise revenues by $1.5 to $2 million in
1992-93 to ensure a balanced budget and to provide some
level of reserves for emergencies.
As discussed above and based on City Council guidance, the
City needs to determine what actions can be taken to reduce
costs. A five percent reduction in operating costs should
save the City approximately $1.5 million. It is staff's
suggestion that a consultant should be employed to conduct
this study and to make these recommendations for the
following reasons:
Analysis and recommendations made as a
disinterested party
° Experience in analyzing service operations
Not constrained by past practices and
unwritten understandings
° Knowledge of other cities and efforts to
improve efficiency
A study of this scope may require from four to six months
to complete to ensure that all operations were reviewed,
that proper level of coordination and consultation is
conducted with both management and employees, and that, the
recommendations are properly presented. The cost of this
study may be as high as $100,000; however, this information
will not be known until proposals are received and a cost
for these services are negotiated. The determination as to
whether the City should proceed with contracting for the
service will be in part based on whether the return to the
City in cost savings justifies the expense to be incurred.
Discussion followed with Council Members voicing their
concerns regarding the matter; the City's fiscal situation;
and the cost of the study.
25
/7p Continued February 19, 1992 ,
On motion of Mayor Pro Tempore Pennino, Sieglock second,
the City Council approved the work statement and authorized
staff to solicit proposals from qualified consultants to
conduct a study of City services and to recommend cost
reduction/cost deferral actions to be taken by the City to
reduce operating cost by at least 5%.
ORDINANCES There were no ordinances presented for adoption.
ADJOURNMENT There being no further business to come before the
City Council, Mayor Pinkerton adjourned the meeting at
approximately 11:25 p.m.
ATTEST:
-,h,. 4"'Z�
Alice M. Reimche
City Clerk
W