HomeMy WebLinkAboutMinutes - October 21, 1992ROLL CALL
INVOCATICN
PLEDGE OF
ALLEGIANC:--
Y
PRESENTATIONS
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 7, 1992
7:30 P.M.
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/Deputy City Clerk Schroeder, Public
Works Director Ronsko, and City Attorney
McNatt
The invocation was given by Pastor David Hill, Grace
Presbyterian Church.
The Pledge of Allegiance was led by Mayor Pinkerton.
PRESENTATION REGARDING FIELD AND FAIR DAY, 1992
CC -14(e) A report regarding Field and Fair Day 13 was made by Phil
Felde, Co -Chairman and Old Lodi Union High School Site
Foundation Chairman Dennis Bennett. A check in the amount
of $53,100 was presented to the City of Lodi for final
payment for the Hutchins Street Square Fine Arts Building.
YOUNG RENAISSANCE ART SHOW AWARD PRESENTED
Mayor P :kap-=or pri-sented 3n award to Matt Moore, Mayor's
lward w. lar of the 7-:iur. ° Art Show.
PROCLAMATIONS
PROCLAMATION PRESENTED TO JAPANESE
AMERICAN CITIZENS LEAGUE (JACL)
CC -37 A proclamation was presented congratulating the Lodi
Japanese American Citizens League (JACL) baseball team on
winning this year's State Championship.
ITEM CONTINUED TO OCTOBER 21, 1992
CITY COUNCIL MEETING
Upon recommendation of the City Manager, on motion of
Council Member Hinchman, Sieglock second, the Lodi City
Council continued Regular Calendar item #L-4 entitled,
"Report concern_ng the request of property owners for
nodific3.::ion of City of Lodi General Plan (South Lodi
Continued October 7, 1992
/kY
Sanitary Sewer Study)" until the Council meeting of October
21, 1992.
COMMENTS BY THE PUBLIC
No persons wished to speak on this segment of the agenda.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Snider,
Hinchman second, approved the following Consent Calendar
items hereinafter set forth.
Further the Council removed the following items from the
Consent Calendar to be continued to the October 21, 1992
City Council meeting:
a) Agenda item #F-9. entitled, "Final map and
improvement agreement for Johnson Ranch,
Unit No. 2, Tract No. 2586"; and
b) Agenda item #F-13 entitled, "Salary
adjustments for members of the Firefighters
Unit".
Further the Council removed the following item from the
Consent Calendar and discussed and acted upon it before the
Public Hearing segment:
a) Agenda item #F-12 entitled, "Traffic
Resolution amendment - Cherokee Lane, from
Oak Street to 100' South of Oak Street, 'No
Parking, of vehicles 6' or more in height".
CLAIMS CC -21(a) Claims were.approved in the amount of $4,004,089.14.
MINUTES The Minutes of the meetings of August 19, 1992 (Regular
Meeting), September 2, 1992 (Regular Meeting), September 9,
1992 (Special Meeting), September 16, 1992 (Regular
Meeting), and September 22, 1992 (Special sheeting) were
approved as written.
FISCAL YEAR 1992/93 BUDGET APPROPRIATIONS
APPROVED
RESOLUTION NO. 92-166
CC -21(b) The City Council adopted Resolution No. 92-166
CC -300 appropriating funds in accordance with the 1992/93 Budget
submitted July 1, 1992 and approved the recommended
adjustments.
2
Continued October 7, 1992
On July 1, 1992, the City Council adopted Resolution No.
92-117 appropriating revenues and authorizing expenditures
for the conduct of City business (operations, maintenance,
construction and procurement) beginning July 1, 1992 and
ending June 30, 1993. Resolution No. 92-117 appropriated
revenues and expenditures for the General Fund, Electric
Utility Fund, Sewer Fund, Water Fund, Library Fund and
Community Center Fund. Not included in this Resolution was
appropriation authority for the Utility Outlay Fund,
Equipment Fund, Debt Service Funds, and Internal Service
Funds which were also included in the Budget submitted to
the City Council on July 1, 1992.
APPROPRIATIONS
At this time the Finance Director is requesting that the
City Council appropriate all revenues and expenditures
submitted to the City Council in the Budget on July 1, 1992
to appropriate expenditure authority for "street projects"
approved by Council September 2, 1992 and appropriate
additional expenditure authority to adjust for the revenues
and expenditures which were overlooked in the 1992/93
Budget. The adjustments requested include Revenues by
Transfer and expenditures for interfund loans, debt service
payments, encumbrances and work -in -progress carried forward
from FY 1991/92. The budget summary shown in the
Resolution includes schedules which summarize the
appropriation of revenues, expenditures, interfund
transfers and revenues by transfer included in the 1992/93
Budget with required adjustments. The amended Resolution
is necessary to allow the Finance Department to calculate
the 1992/93 Appropriation Limitation required by Article
XIIA of the California Constitution.
STATE BUDGET
The Governor signed into law the 1992/93 Budget for the
State of California on September 2, 1992. With the
adoption of the State Budget, the City of Lodi loses 9V of
the 1991/92 Property Tax (approximately $430,000) and all
Cigarette Tax. The 1992/93 Budget submitted to the City
Council on July 1; 1992 was based on the elimination of
Cigarette Tax revenues but not on the reduction of Property
Tax revenues. Accordingly, further adjustments to revenues
and expenditures will be submitted to the City Council for
approval and appropriation.
REPORT OF SALE OF SURPLUS VEHICLES AND EQUIPMENT
CC -20 This report was made to the City Council in compliance with
Lodi Municipal Code Section 2.12.120.
r
Continued October 7, 1992
On March 6, 1992, the City Council authorized the sale of
surplus vehicles and equipment through auctioneers Roger
Ernst & Associates of Modesto.
On September 5, 1992, a total of 17 vehicles and 18 items
of surplus equipment were sold at auction, generating a
total of $17,476.85 in income.
PLANS AND SPECIFICATION AND ADVERTISEMENT
FOR BIDS FOR UNDERGROUND FUEL STORAGE TANK
REMOVAL, 125 NORTH STOCKTON STREET APPROVED
CC -12.1(a) The City Council approved the plans and specifications for
Underground Fuel Storage Tank Removal, 125 North Stockton
Street and authorized advertising for bids.
This project consists of removing one 2,000 -gallon
single-wall steel underground fuel storage tank, piping,
concrete dispenser island, dispenser, vehicle slabs and
adjacent asphalt concrete paving. The work shall also
include all permits, inspection fees, draining, cleaning
and purging of fuel lines and tank, disposal and tracking
of tank, soil tests and report of test results, all
excavation, backfill, import borrow, and compaction and
grading to return the site to its original condition.
This tank is located at the Parks and Recreation
Department's corporation yard and is the last of the old
City -owned fuel tanks to be removed. The project estimate
is slightly higher than the current appropriation. If
additional funding is needed to complete the project, it
will be requested at the time of award and will be based on
actual bid prices.
PURCHASE OF MULTI -CONDUCTOR CONTROL CABLE
FOR THE ELECTRIC UTILITY DEPARTMENT APPROVED
RESOLUTION NO. 92-167
CC -47 The City Council adopted Resolution No. 92-167 authorizing
CC -300 the purchase of four sizes of multi -conductor control cable
to the low bidder, General Electric Supply Company of
Martinez, in the amount of $11,359.22.
On September 2, 1992, the City Council approved
specifications and authorized advertisement for bids. Bids
were opened on September 22, 1992 with the following
results:
General Electric Supply Co. $11,359.22
Graybar Electric Co., Sacramento 13,085.43
All -Phase Electric Supply, Stockton 13,132.57
Westinghouse Electric, Concord 13,611.52
Deco Electric Supply, Vacaville 13,822.98
4
Continued October 7, 1992
This cable will be installed during the construction of the
12KV distribution portion of the Industrial Substation.
CONTRACT CHANGE ORDER - CHURCH STREET OVERLAY,
LODI AVENUE TO CHESTNUT STREET, TOKAY STREET
TO VINE STREET
CC -90 This information is being given to the City Council in
accordance with the Contract Change Order policy approved
by Resolution 85-72. One of the requirements of this
policy is that we inform the City Council of all change
orders over 10 percent of the contract amount.
The subject contract change order, approved by the City
Manager, is in the amount of $12,240.75, which is 15.71 of
the contract. The work includes extending the limits of
the project to 60 feet south of Vine Street. Funds are
available in the project budget since the contractor's
(Claude C. Wood Co.) bid was $17,500.00 below the
engineer's estimate. The final phase of the Church Street
overlay (from Kettleman Lane to Vine Street), planned for
next year, will be easier if the next contractor doesn't
have to work through the Vine Street intersection.
The estimated time of completion was increased by three
days by this change order.
AGREEMENT FOR RENEWAL OF THE ELECTRIC SUPPLY
CONTRACT WITH WESTERN AREA POWER
ADMINISTRATION APPROVED
RESOLUTION NO. 92-168
CC -90 The City Council approved execution of the Agreement for
CC -300 Renewal of the Electric Supply Contract with Western Area
Power Administration (Agreement) on file in the office of
the City Clerk.
Western Area Power Administration (Western) is a power
marketing agency within the Department of Energy which
controls and administers all Central Valley Project power
transactions including sale of power and energy to the
City of Lodi pursuant to Contract No. DE-MS65-82WP59015,
dated February 24, 1982, as amended or supplemented.
Contract No. DE-MS65-82WP59015 is subject to termination
June 30, 1994 unless renewed in appropriate manner.
Western has submitted an Agreement for Renewal of the
Electric Supply Contract (Agreement) pursuant to a Federal
Register Notice which provides for renewal of existing
Western allocations in like amounts to existing customers
through 2004. Approval of the Agreement of renewal will
ensure proper execution of the necessary documents to
Continued October 7, 1992
assure continued access by the City to this valuable,
low-cost source of power and energy.
This Agreement for renewal shall become effective on the
date of execution and, subject to prior termination as
provided therein, shall remain in effect until midnight of
December 31, 2004. Contract No. DE-MS65-82WP59015, dated
February 24, 1982, between the City of Lodi and Western, as
amended or supplemented, shall terminate upon the effective
date of this Agreement.
AGENDA ITEM PULLED FROM THE CONSENT
CALENDAR AND CONTINUED TO THE COUNCIL
MEETING OF OCTOBER 21, 1992
Continued consideration of agenda item #F-9 entitled,
"Final map and improvement agreement of Johnson Ranch, Unit
No. 2, Tract No. 2586" until the Council meeting of October
21, 1992.
IMPROVEMENT DEFERRAL AGREEMENT FOR SIDEWALK
REPAIR AT 1619 HOLLY DRIVE, LODI APPROVED
RESOLUTION NO. 92-170
CC -90 The City Council adopted Resolution No. 92-170 approving
-:-300 the Improvement Deferral Agreement for sidewalk repair at
1619 Holly Drive, Lodi, California, and directed the City
Manager and City Clerk to execute the, Improvement Deferral
Agreement on behalf of the City.
On April 3, 1992, an application was filed for a building
permit for a residential remodel consisting of a second
story bath and recreation room addition at 1619 Holly
Drive. As a condition of the issuance of a building permit
for the addition, and per our existing policy, the Public
Works Department required that damaged sidewalk
(approximately 48 feet) fronting the residence be repaired
(Lodi Municipal Code 15.44.030 and 15.44.050). The owners
have questioned this requirement. Staff is currently
reevaluating the criteria used to determine if this type of
sidewalk repair should be required in conjunction with the
issuance of a building permit. The Public works
Department, therefore, has offered to defer the sidewalk
repair work for one year provided the owner would enter
into an Improvement Deferral Agreement with the City (Lodi
Municipal Code 15.44.040). The owners, Robert L. and
Samantha J. Fitzgerald, have signed the agreement in which
they agree to pay for and complete the removal and
replacement of damaged sidewalk within the time period
mentioned above. The executed agreement will be recorded
and run with the land and shall be binding on the
successors, heirs, or assigns of the current owners.
Continued October 7, 1992
PROFESSIONAL SERVICES FOR TEST WELL
DRILLING 1992/93 APPROVED
CC -90 The City Council approved retaining-
Stockton as a qualified driller for
services for 1992/93. Cost will be
materials.
Clark Well, Inc. of
test well drilling
based on time and
At the June 20, 1990 meeting, Council approved retaining a
qualified driller on a time and materials basis for the
drilling of four test wells. Subsequently, test wells for
wells 3-R, 11-R, 24 and 25 were drilled. These wells were
specifically mentioned in the June 20 Council Communication
and were drilled by Clark Well, Inc. Clark has done a good
job on these projects and cooperates with City staff. This
work is fairly specialized and few drillers do this work.
We have also checked costs and Clark is substantially less
expensive. The cost for each test well is approximately
$12,500. This approval would be for the two sites
described below and any others done through 1993.
The Public Works Department has received preliminary
approval from the Lodi Unified School District to drill
test wells at both the Washington and Lakewood school
sites. These sites conform to locations shown on the Water
Master Plan and we would like to move ahead with testing
these sites as soon as possible. Should either of these
sites prove acceptable for municipal wells, the next step
would be to negotiate the lease or purchase of the sites.
AGENDA ITEM PULLED FROM THE
CONSENT CALENDAR
Agenda item #F-13 entitled, "Salary adjustments for members
of the Firefighters Unit" was removed from the agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
ON -STREET PARKING IN AREAS OF TOKAY
HIGH SCHOOL
CC -16 Mayor Pinkerton asked staff to review the on -street parking
CC -48(e) situation in the residential areas near Tokay High School.
COMPLAINT RECEIVED CONCERNING OVER -CROWDING
IN SINGLE-FAMILY RESIDENTIAL DWELLINGS
CC -16 Council Member Snider stated that he has been receiving
CC -53(a) increased complaints concerning over -crowding of dwellings,
especially in single-family neighborhoods.
7
Continued October 7, 1992
c ]MENTS BY THE
i_JLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
CHAMBER OF COMMERCE INFORMS PUBLIC OF
NEW PUBLICATIONS
Evelyn M. Olson, President, Lodi District Chamber of
Commerce, 1306 Burgundy Court, Lodi presented two new
Chamber publications --Lodi Business Newsletter- and
"Visitor's Guide" and invited the City Council to a
breakfast on tourism on October 9, 1992.
AGENDA ITEM REMOVED FROM THE CONSENT
CALENDAR AND DISCUSSED AND ACTED UPON
BEFORE THE PUBLIC HEARING SEGMENT
Agenda item #F-12 entitled, "Traffic Resolution amendment -
Cherokee Lane, from Oak Street to 100' South of Oak Street,
"No Parking" of vehicles 6' or more in height" was removed
w from the Consent Calendar and discussed and acted upon
before the Public Hearing segment.
TRAFFIC RESOLUTION AMENDMENT - CHEROKEE LANE,
FROM OAK STREET TO 100' SOUTH OF OAK STREET,
` PARKING" OF VEHICLES 6' OR MORE IN HEIGHT
L ADOPTED
CC -48(e) The Public Works Department received a complaint from a
citizen who was involved in an accident earlier this year
while entering Cherokee Lane from westbound Oak Street.
The citizen's concern at this location is that trucks
parked along the east curb line of Cherokee Lane make it
difficult for drivers to see northbound vehicles while
stopped on westbound Oak Street. This area is zoned
commercial and truck parking is permitted.
Available accident records from 1989 to the present
indicate that this has been the only accident at this
location related to a sight obstruction. The accident
report indicated that a truck parked along the east curb
line may have contributed to this accident by restricting
the visibility of the driver entering Cherokee Lane.
Public Works staff field checked this location and agreed
that trucks parking near the intersection could cause a
sight problem. Staff feels restricting vehicles 6 feet or
more in height within 100 feet south of the intersection
would improve visibility of northbound vehicles while still
retaining a parking area of 63.5 feet adjacent to the
restaurant on the southeast corner to accommodate customers
with vehicles under 6 feet high. Unrestricted parking is
also available on Oak Street.
v�.
Continued October 7, 1992
The type of parking restriction being proposed was
installed on Cherokee Lane at Almond Drive in December
1990. The Police Department has indicated that they have
experienced no problems with this installation and
available accident records indicate that no accidents
related to sight obstructions have occurred since the
signing was installed. Therefore, staff recommended that
City Council approve the installation of this restricted
parking zone.
Speaking against the matter was the following:
a) George Galatsatos, George's Family
Restaurant, 100 South Cherokee Lane.
On motion of Mayor Pro Tempore Pennino, Pinkerton second,
the City Council by a unanimous vote failed to adopt
resolution installing a 100' restricted parking zone, for
vehicles 6' or more in height, on the east side of Cherokee
Lane, south of Oak Street.
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 Eastside Lighting Program which
project would include the installation of street lights at
various sites on the east side of the City of Lodi.
EASTSIDE LIGHTING PROGRAM APPROVED
RESOLUTION NO. 92-172
CC -133 Following introduction of the matter by Community
CC -300 Development Director Schroeder, Assistant Planner, Eric
Veerkamp, presented the following report regarding the
Eastside Lighting Program.
This project will install street lights at four public
sites in the east side as shown below:
In the area of Heritage School on Garfield
Street between Hilborn and Eden Streets, on
Eden Street between Garfield Street and
Cherokee Lane.
In the area of Van Buskirk Park on Pleasant
Avenue between Forest and Daisy Avenue, on
Daisy Avenue between Pleasant Avenue and
Church Street.
In the area of John Blakely Park on Mission
and Poplar Streets between Stockton and
Washington Streets, on Washington Street
between Mission and Poplar Streets.
9
Continued October 7, 1992
In the area of Hale Park on Washington
Street between Locust and Elm Streets.
City staff has determined that in order to sufficiently
illuminate the streets and intersections surrounding the
sites, not only should new lights be added, but some of the
old standards should be replaced. Comments from the public
are expected to be related to the type of light, the
brightness, and the location. Community Development Block
Grant (CDBG) funds will be used to pay this project.
Following questions directed to Mr. Veerkamp and Mel
Grandi, Electrical Engineer, Mayor Pinkerton opened the
hearing to the public. Speaking in favor of the matter was
the following person:
a) Virginia Lahr, 311 East Elm Street, Lodi,
California.
There being no other persons wishing to speak on the
matter, the public portion of the hearing was closed.
Following further discussion, on motion of Council Member
Snider, Hinchman second, the City Council adopted
Resolution No. 92-172 entitled, "A Resolution of the Lodi
City Council Approving the Eastside Lighting Program For
the Installation of Street Lights at Various Sites on the
East Side of the City of Lodi", Option 1.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Reports of the Planning Commission Meetings of
September 14, 1992 and September 28, 1992:
CC -35 The regular Planning Commission meeting of September 14,
1992 was not conducted due to the lack of a quorum.
The following actions were taken at the last regular
Planning Commission meeting of September 28, 1992:
a. Recommended that the Site Plan and Architectural Review
Committee's authority be extended to include
non-residential new construction and remodel projects in
the M-1 and M-2 zones and to expand the definition of
"material alteration".
ITEMS OF INTEREST
On motion of Council Member Hinchman, Snider second, the
City Council unanimously set the matter for public hearing
on November 4, 1992.
The Planning Commission also -
10
1 7
V
Continued October 7, 1992
b. Conditionally approved the request of Stephen R. Edwards
for a Use Permit for slot car sales and racetrack at 720
West Lodi Avenue in an area zoned C-1, Neighborhood
Commercial.
C. Took the following actions on the request of Dana Smith and
Brad DuLac for the approval of the Tentative Subdivision
Map of Bridgehaven, a 6.15 acre, 47 lot single-family
subdivision south of the W.I.D. Canal on the west side of
Woodhaven Lane:
1. Certified the filing of a Negative
Declaration by the Community Development
Director as adequate environmental
documentation on the project; and
2. Conditionally approved the Tentative
Subdivision Map.
d. Conditionally approved the request of Phillippi Engineering
Inc. on behalf of Manuel and Jane Hughes and the Roman
Catholic Bishop of Stockton for a Tentative Parcel Map to
create 6 parcels from 2 parcels at 2315 and 2375 West
Kettleman Lane (Lodi Towne Plaza) in an area zoned C -S,
Commercial Shopping.
e. Conditionally approved the request of Phillippi Engineering
on behalf of Manuel and Jane Hughes and the Roman Catholic
Bishop of Stockton for a Use Permit for Lodi Towne Plaza, a
14 acre retail shopping center proposed for 2315 and 2375
west Kettleman Lane in an area zoned C -S, Commercial
Shopping.
f. Continued consideration of the request of Gary Archer for a
Use Permit for a temporary office trailer at 247 Commerce
Street in an area zoned M-2, Heavy Industrial until October
12, 1992 because no one was present to represent the
applicant.
g. Continued consideration of the request of Ford Construction
Company, Inc. for a Use Permit for a temporary office
trailer at 500 North Cluff Avenue in an area zoned M-2,
Heavy Industrial because no one was present to represent
the applicant.
h. Conditionally approved the request of Christian J. Knox for
a Use Permit for a playroom and video arcade adjacent to a
laundromat at 633 East Victor Road in an area zoned M-1,
Light Industrial.
i. Determined that a zoning hardship existed and approved the
request of Daniel Ingrum for a Zoning Variance to reduce
the required front yard setback from 20 feet to 10 feet to
11
Continued October 7, 1992
permit the erection of a 6 -foot fence at 1905 Edgewood
Drive in an area zoned R-1, Single -Family Residential.
j. Continued discussion of the Sign Ordinance amendment and
set a work session for 7:00 a.m., Monday, October 19, 1992
to review the present on -premise sign restrictions.
k. Received the 1992 Growth Management ratings by the staff
and called a Special Session and Public Hearing for 7:30
p.m., Monday, October 19, 1992 to review the ratings and
make recommendations to the City Council.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On recommendation of the City Attorney and Insurance
Consulting Associates, Inc., the City's Contract
Administrator, the City Council, on motion of Council
Member Hinchman, Pennino second, rejected the following
claims and referred them back to the City's Contract
Administrator:
L
a) Michael and Debra Irwin, Date of loss
8/11/92;
b) Mike Liebelt, Date of loss 6/24/92;
c) State Farm Insurance (Brien), Date of loss
7/3/92; and
d) Transamerica Insurance Company (Marks), Date
of loss 6/1/92.
ABC LICENSE
APPLICATIONS The City Council received the following Alcoholic Beverage
Control License:
CC -7(f) a) Quik Stop Markets, Inc. and Walter Plattel
and Hong Nga Plattel, 205 West Lockeford
Street, Off Sale Beer and Wine, Person to
Person Transfer.
REGULAR CALENDAR
SET PUBLIC HEARING FOR OCTOBER 21, 1992 TO
CONSIDER REFUSE RATES ADJUSTMENTS
CC -54 On motion of Council Member Sieglock, Hinchman second, the
CC -56 City Council set for public hearing on October 21, 1992 a
public hearing to establish rates for refuse collection and
disposal.
12
v
Continued October 7, 1992
HUTCHINS STREET SQUARE RENTAL FEE SCHEDULE AMENDED
RESOLUTION NO. 92-171
CC -14(e) Community Center Director Lange presented a report to the
CC -56 City Council regarding the proposed Hutchins Street Square
CC -300 rental fee schedule.
The Community Center, or Hutchins Street Square, has
numerous specialized facilities available for various
recreational and cultural activities. The Center also has
several buildings available for private use.
The North Hall has a maximum seating of 400 for dining and
900 for dancing/lectures. The room has air conditioning,
hardwood floors and measures 99' X 62' (6,138 sq. ft.).
The Multipurpose Room, with hardwood floors, measures 821 X
46' (3,772 sq. ft.) has a maximum seating capacity of 250
for dining and 300 for dancing/lectures.
The Fine Arts Theater lends itself nicely to theatrical
productions, lectures, and small receptions. The
air-conditioned room measures 48' X 37' (1,776 sq. ft.) and
can accommodate up to 100 seated diners.
The City is currently charging fees to most private users
at a level that is recovering about 47V of the full cost of
providing the service. It is recommended that the City
recover 50% of the full cost for local residents and 100*
of the cost for non -local residents.
The City is also charging a $100 refundable deposit for the
use of the above buildings. It is recommended that the
deposit be raised to $150 for local residents and $250 for
non-residents.
Following a lengthy discussion among the City Council and
staff, on :notion of Council Member Snider, Pinkerton
second, the City Council adopted resolution setting the
residential fee to be within the boundaries of the Lodi
Unified School District and the non-residential fee to be
those outside of the boundaries of the Lodi Unified School
District at the rates shown on the next page by the
following vote:
Ayes: Council Members - Hinchman, Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - Pennino
Absent: Council Members - None
13
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F' -
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RENTAL RATES AND MISCELLANEOUS FEES p,
0
HUTCHINS STREET SQUARE (T
125 S. Hutchins Street Square, Suite A tr
Lodi, California 95240 h
(209) 333-6782
%D
w
N
FACILITY
RENT
RENT
DEPOSIT
DEPOSIT
INSURANCE
STAGES
PIANO
CANOPY
resident
non-
resident
non-
6' X 81.
10'X10'
resident
resident
onsite
NORTH HAIL
$ 650
$ 1,300
$ 150
$ 250
To Be
$ 20
$ 25
$ 25
Capacity - 400
Determined
each
each
MULTIPURPOSE ROOM
$ 300
$ 600
$ 150
$ 250
To Be
$ 20
$ 25
Capacity - 250
Determined
each
N/A
each
FINE ARTS THEATRE
$-.160
$ 300
$. 150
$ 250
To Be
$ 20
$ 25
$ 25
Capacity - 100
Determined
each
each
* Lessee is responsible for tuning piano
ALSO AVAILABLE AT NO ADDITIONAL FEE:
* Overhead Projector
* Coffee Urns
* Amplified Lecturn
* TV/VCR
rev/6/8/92
Continued October 7, 1992
RECESS Mayor Pinkerton called for a recess and the City Council
reconvened at approximately 9:12 p.m.
REPORT REGARDING THE GANG TASK FORCE
CC -2(q) City Manager Peterson introduced Sergeant Richard Dean who
reported on the progress of the Gang Task Force and the
formation of the new Lodi Police Department Gang Unit.
Speaking on the matter was Perfector Munoz, 19329
Wilderness Way, Woodbridge stressing the importance of this
committee as a community involvement. The 19 member
committee would consist of the following: three members
from the Lodi Unified School District (one from
administration, one from the middle school and one from the
high school), two members from the Lodi Police Department
(one from administration and one officer), one person from
the San Joaquin County Sherrif's Office from North County,
one from the City of Lodi Parks and Recreation Department,
one member from the Chamber of Commerce, one member of the
Mexican -American Lions Club, one City Council Member, one
member from the Council of Churches, two student
representatives from the Lodi Unified School District, an
ex -gang member, and five citizen members to be appointed by
the Mayor. Mr. Munoz recommends three members including
Mrs. Salazar, Mr. Bob Shamrock, and Perfector Munoz be
among the five citizen representatives to be appointed by
the Mayor. Citizens interested in serving on this
committee were directed to contact Sgt. Dean at the Police
Department at 333-6880.
The City Council asked that names for Task Force Members be
submitted to the Mayor for appointment at a future meeting.
In addition, Sgt. Dean informed the City Council of the
Police Department's two new full-time officers whose time
will be devoted strictly to gang activity.
ITEM CONTINUED TO THE COUNCIL MEETING OF
OCTOBER 21, 1992
Upon recommendation of the City Manager, on motion of
Council Member Hinchman, Sieglock second, the Lodi City
Council continued Regular Calendar item #L-4 entitled,
"Report concerning the request of property owners for
modification of City of Lodi General Plan (South Lodi
Sanitary Sewer Study)" until the Council meeting of October
21, 1992.
15
Continued October 7, 1992
92/93 APPROPRIATION SPENDING LIMIT ADOPTED
RESOLUTION NO. 92-169
CC -21(b) Finance Director Flynn presented the following report to
CC -300 the City Council regarding the 1992/93 Appropriation
Spending Limit.
The statutes regarding the adoption of the Appropriations
Limit are contained in Government Code Section 7910.
Basically the law calls for the adoption of the Liinit by
resolution prior to the beginning of the fiscal year.
However, this requirement also assumes that the State has
an adopted budget in accordance with the State Constitution
in which the City's revenues subject to limit are
available. Also, Proposition 111 now requires a recorded
vote of the Council designating the annual adjustment
factors selected to calculate the Limit.
Adoption of the Limit is required to be done at a regular
meeting of the Council. There is no required hearing or
public notice. The documentation used to compute the Limit
must be available to the public at least 15 days prior to
the meeting, but only the meeting itself needs to be
publicly noticed.
Once the Limit is adopted, the public has 45 days from the
effective date of the resolution to initiate judicial
action regarding the Limit. Once the Appropriations Limit
has been adopted, there are two publication requirements:
1. Pursuant to Government Code Section 37200
the Appropriation Limit and the total
Appropriation Subject to Limitation must be
published in the annual budget.
2. The State Controller's Office requires the
submission of an informational form along
with the filing of the Annual Statement of
Financial Transactions no later than 90 days
after the state of each fiscal year.
APPROPRIATION LIMIT
Calculation of the appropriation limit is relatively easy
to compute. The calculation is based on either the growth
of California Per Capita Income (.9936) or the increase in
non-residential assessed value due to new construction
(published by the County) and City population growth
(1.0241) or County population growth. The "annual
adjustment factors", inflation and the population increase
are multiplied to determine a final percentage (1.0175)
which is then multiplied by the prior years' Limit. This
calculation is provided in an exhibit which was presented
16
,�c 3
v
Continued October 7, 1992
to the City Council with the calculations used in the last
six (6) years.
The City selected the California Per Capita Income and the
City population growth to calculate the Appropriation
Limit. With these factors, the appropriation subject to
the Limit of $17,255,606 is significantly less than the
Appropriation Limit of $34,027,028. This allows the City a
50V available margin before the Appropriation Limit is
exceeded.
APPROPRIATIONS SUBJECT TO LIMIT
The appropriation subject to limit for Fiscal Year 1992/93
is $17,255,606 as shown in an exhibit presented for
Council's review. This limit represents the proceeds from
taxes plus investment earnings less allowable exclusions
which includes debt service, qualified capital outlays,
court orders and federal mandates. The calculation for
exclusions is shown in exhibits which were presented for
Council's review.
ANNUAL REVIEW AND ENFORCEMENT
Proposition 111 (Section 1.5 of Article XIIIB) requires
that the annual calculation of the limit be reviewed as
part of the annual financial audit which is now scheduled
to be completed prior to November 1992 by the City's
auditors, KPMG Peat Marwick.
On motion of Mayor Pro Tempore Pennino, Hinchman second,
the City Council adopted Resolution No. 92-169 entitled,
"Resolution Adopting the Appropriation Limit and Adjustment
Factors Selected to Calculate the Limit for Fiscal Year
1992/93" by a unanimous vote.
DISCUSSION REGARDING 1992/93 OPERATING BUDGET
CC -21(b) City Manager Peterson presented the following report
regarding the 1992/93 Operating Budget.
Actions of the State Legislature in balancing the State's
budget has resulted in a reduction of property tax revenue
to the City of approximately $430,000. City Council and
staff action to date has met this deficit, but additional
considerations are necessary in preparation for the
anticipated significant revenue shortfall in the 1993/94
operating budget. Department heads have prepared
operations and staff level reductions in various levels of
severity. Staff will be looking to the City Council for
policy decisions as we move to the adoption of a final
operating budget for 1992/93.
17
Continued October 7, 1992
Discussion and comments were made by City Council and staff
members.
INTRODUCTION OF MATTERS PERTAINING TO
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
SERVICE CREDIT
CC -6 Personnel Director Narloch presented the following report
CC -34 regarding the introduction of matters pertaining to Public
Employees' Retirement System service credit.
The condition of the economy in the state has compelled
many agencies to search for ways to cope with lost
revenues. To assist agencies with implementing various
courses of action, PERS has provided some relief through
the offering of optional provisions for contracting
agencies.
The following memorandum explains what the three options
are and the conditions that apply to each.
Per the City Manager's direction, the Personnel Director
has researched and prepared an analysis of the City's
available options under PERS for the implementation of
cutbacks. These options and their impact are discussed
below.
Section 20818
This option is currently available to PERS contracting
agencies and provides two years of additional service
credit to members who retire during a designated period if
a mandatory transfer, layoff, or demotion is imminent and
the following requirements are met:
a. The designated period can not be less
than 90 nor more than 180 days in
length.
b. The contracting agency must submit to
PERS the actuarial equivalent of the
difference between the allowance the
member will receive and the allowance
the member would have received without
the additional service credit within 30
days of billing; or on a two-year
payment schedule subject to interest
assessment at the current employer
crediting rate (8.75W).
C. The contracting agency must certify
that it is electing to be subject to
the provisions of this section due to
mandatory transfers, layoffs, and/or
18
Continued October 7, 1992
demotions and that these actions
constitute at least one percent of
the job classification, department, or
organizational unit;
d. The contracting agency must certify
that it is its intention at the time it
becomes subject to Section 20818 to
keep all vacancies, or at least one
vacancy in any position in any
department or organizational unit,
created by retirements under this
section permanently unfilled.
The eligibility for this service credit is the same as for
a regular service retirement, which is at least five (5)
years of service credit and 50 years of age. The
expiration date on this section was recently amended from
January, 1993 to January, 1998 by Senate Bill 1285.
The estimated cost of providing this option is based on the
employee's annual reportable compensation, the cost
estimate factors and any additional allowances an agency
may have. For the City of Lodi, this amount would be 31V -
52W of annual salary for miscellaneous employees and 49V -
60t for safety employees. In general terms, this is about
50V of an employee's annual salary.
The cost savings factor comes into play with the follow-up
on filling or not filling the resulting vacancy. For
example, if a vacancy was not filled, the agency would save
the cost of salary, and benefits. If a position was not
filled for six months, the savings would be six months
salary, benefits, and additional PERS contributions. If a
position was filled immediately at a lower rate or pay, we
may be saving salary, but we would be in essence paying
PERS for two employees.
In addition, there is a $10.00 valuation fee for each
member who retires during the designated period and
receives the additional service credit...
To provide this option, we would have to amend our contract
with PERS, in compliance with the Government Code.
Section 20499.5
Senate Bill 1285 was recently signed into law by the
Governor. This bill added Section 20499.5 to the
Government Code effective July 1, 1992. This law gives
contracting agencies the opportunity to preserve retirement
benefits for employees who are affected by a reduction in
salary or reduced working hours. In a nutshell, this law
enables agencies to maintain compensation and service
19
Continued October 7, 1992
credit levels at the level currently provided to the
employee prior to the reduction in salary and/or working
hours.
There would be no additional cost to the employers in
offering this benefit. It would mean, however, that we
would continue to make the employer and employee
contributions on the basis of the employee's usual earnings
prior to the reduction in salary and/or working hours. The
net savings to us would be in reduced salary only.
To provide this option, we would have to file a resolution
with PERS to inform the system of our intention.
Assembly Bill 75
This bill was vetoed by the governor and is currently not
an available option.
Council, feeling that there was not enough information to
make a decision on the matter, did not take any action
y regarding the two options available through contract with
Public Employees' Retirement System.
REQUEST FOR WATER AND STORM DRAINAGE
SERVICE FOR A PORTION OF PARCEL NO. 027-040-33
.313 EAST HIGHWAY 12, LODI) APPROVED
.-21(b) Following introduction of the matter by City Manager
CC -176 Peterson, the Public Works Director presented the following
report regarding request for water and storm drainage
service for a portion of Parcel No. 027-040-33 (1313 East
Highway 12, Lodi).
The City Council received the following letter from the
Lodi Church of God (Seventh Day) on the north side of
Kettleman Lane requesting water and storm drainage service
for a portion of parcel number 027-040-33.
I am hereby requesting that you place on the next available
City Council agenda my request to receive contract water
service and contract storm drainage service from the City
for a portion of parcel number 027-040-33. The Church will
be filing an application for a use permit under the County
planning ordinance for a Church site on this property.
After the use permit has been granted the Church will
parcelize the property and begin to arrange financing for
the construction of permanent Church facilities.
As you know, this property is a peninsula of county
property surrounded by the City and is slated to have full
City services very soon as the City staff has already
received numerous requests for annexation for all the
20
Continued October 7, 1992
properties along the north side of Kettleman Lane east of
Lower Sacramento Road.
I have included a location map and parcel map for staff to
review the area. If you have any questions regarding this
request, please contact myself at 334-6263 or Jeffrey Kirst
of KCF Real Estate. His phone number is 334-0670.
Michael Reuscher
Chairman of the Board
Church of God
(Seventh Day)
According to staff's conversations with Jeffrey Kirst of
KCF Real Estate, the church wishes to purchase
approximately three acres for a future church site. It is
their current plan to be annexed to the City before their
church is actually built and before they would be using
City water and storm services. Since the land is presently
not within the City limits, they have approached the County
for a use permit and parcel map. To obtain these, they
need a letter from the City authorizing water and drainage
service. If Council grants approval and for some reason
they wish to build prior to annexation, the City would be
obligated to provide service.
The existing water and storm lines were shown on a map
presented to Council. Water service will require a
Kettleman Lane crossing and storm service will require
crossing the parcel located to the west or installation of
a line in Kettleman Lane. Any work in Kettleman Lane will
require Caltrans approval.
Staff has no problem with the utility service request.
However, there is some concern over the proposed layout of
the parcel. Staff has discussed these concerns with Mr.
Kirst as it affects the master planned collector street
north of Kettleman Lane. We will continue to work with him
and the other property owners in the area to resolve the
street location.
In the meantime, if Council wishes to approve the request,
the following conditions are recommended:
1) That rates for utility service outside the
City limits apply.
2) That the applicant prepare all necessary
plans for the needed improvements, install
the improvements and pay all impact fees and
charges for service in conformance with City
Design and Construction Standards and
development requirements.
21
Continued October 7, 1992
3) That the applicant agree to connect to the
City sewer system upon request and pay all
applicable fees and charges for service.
4) That the parcel map creating the parcel be
by the formally reviewed Planning Commission.
Speaking on the matter was the following:
a) Jeffrey Kirst, 109 River Meadows Drive, Lodi.
On motion of Council Member Hinchman, Snider second, the
City Council unanimously approved the request for water and
storm drainage service for a portion of Parcel No.
027-040-33 (1313 East Highway 12, Lodi) with the conditions
recommended by staff.
ORDINANCES There were no ordinances for adoption.
CLOSED SESSION The City Council adjourned to a Closed Session to discuss
the following matters:
CC -200(d) a) Litigation - Un Mi Barnes v. City of Lodi
and Floyd Williams, Chief of Police,
Superior Court, San Joaquin County, Case No.
247245;
•200(c) b) Property acquisition - APN: 029-030-33 Lower
Sacramento Road, Lodi, California;
CC -200(d) c) Litigation - City of Lodi v. Shell Oil Co.
et al., Superior Court, County of San
Francisco, Case No. 939483; and
CC -200(a) d) Labor relations.
ADJOURNMENT There being no further business to come before the
City Council, Mayor Pinkerton adjourned the meeting at
approximately 11:30 p.m.
A,TTEST : l
�
James B. 5chrooder
Deputy City Clerk
22