HomeMy WebLinkAboutMinutes - August 19, 1992COMMENTS BY THE PUBLIC
No persons spoke under this segment of the agenda.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Hinchman,
Pinkerton second, approved the following items hereinafter
set forth.
CLAIMS CC -21(a) Claims were approved in the amount of $1,483,290.38
MINUTES No Minutes were presented for approval.
1
CITY COUNCIL,
CITY OF LODI
CARNEGIE FORUM, 305
WEST PINE STREET
WEDNESDAY, AUGUST 19, 1992
7:30
P.M.
ROLL CALL
Present:
Council Members - Hinchman, Pennino,
Sieglock, Snider, and Pinkerton (Mayor)
Absent:
Council Members - None
Also Present:
City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
IN -VOCATION
The invocation was given by Reverend David Mitchell,
First Baptist
Church.
PLEDGE OF
The Pledge of
Allegiance was led by Mayor Pinkerton.
ALLEGIANCE
PRESENTATIONS
MAYOR'S GOLF
TOURNAMENT
Mayor Pinkerton and Recreation Superintendent Field
presented awards to the winners of the 1992 Mayors Golf
Tournament.
PROCLAMATION/RESOLUTION
OF APPRECIATION
CC -37
Mayor Pinkerton presented the following Proclamation and
Resolution of
Appreciation:
a)
Lodi Lions Club - 75th Anniversary; and
b)
Resolution of Appreciation - Lodi Rotary
Club for the painting of the Lodi Arch.
COMMENTS BY THE PUBLIC
No persons spoke under this segment of the agenda.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Hinchman,
Pinkerton second, approved the following items hereinafter
set forth.
CLAIMS CC -21(a) Claims were approved in the amount of $1,483,290.38
MINUTES No Minutes were presented for approval.
1
Continued August 19, 1992
EXECUTION OF BONNEVILLE POWER
ADMINISTRATION/NORTHERN CALIFORNIA POWER
AGENCY ENABLING AGREEMENT (UMBRELLA
AGREEMENT) APPROVED
RESOLUTION NO. 92-136
CC -7(j) The City Council adopted Resolution No. 92-136 thereby
CC -300 authorizing the execution of the Bonneville Power
Administration/Northern California Power Agency Enabling
Agreement (Umbrella Agreement) on file in the office of the
City Clerk
The purpose of the Enabling Agreement (Umbrella Agreement)
is to duly recognize Bonneville as the Pacific Northwest
"Marketing and Transfer" agency for all transfers of power
out of the Northwest. Transfers of power and energy from
Canadian power agencies and Northwest agencies all require
formal agreement and acceptance by Bonneville. This
Enabling Agreement, authorized by Bonneville, allows
Northern California Power Agency to transfer power and
energy with the Northwest on behalf of its members for a
twenty-year period. .
Approval of the Enabling Agreement pursuant to the subject
Resolution will ensure proper execution of the necessary
documents to assure timely participation in the power
exchange with the City of Seattle and any other services
economically available in the Northwest.
BIDS REJECTED AND READVERTISEMENT FOR
BIDS AUTHORIZED FOR PURCHASE OF A 1,500
GALLON PER MINUTE ENGINE FOR THE FIRE DEPARTMENT
RESOLUTION NO. 92-137
CC -12(b) The City Council adopted Resolution No. 92-137 rejecting
CC -300 all bids_ received on June 24, 1992 and authorized
readvertisement for new bids for the purchase of one 1,500
gallon per minute pumper for the Fire Department.
On May 20, 1992 the City Council authorized advertisement
for bids for a new fire apparatus. Four bids were
received; however, all bids exceeded the $200,000 amount
budgeted for the purchase of this unit.
Lease/Purchase Purchase
Westates Truck Equipment, Woodland $226,876.10 $202,532.29
River City Emergency Equip., Sacramento $234,033.80 $207,928.41
Hi -Tech Emergency Vehicle, Oakdale $245,876.75 $203,587.16
Golden State Fire Apparatus, Modesto $246,109.74 $208,196.71
Continued August 19, 1992
To bring the cost of this equipment under budget limits,
specifications have been modified slightly without
compromising equipment performance.
$40,000 was approved in the 91-92 budget to acquire bids
for the lease/purchase of a new Fire Pumper with the
stipulation that said funds would not be disbursed until
the 92-93 budget year. A fire apparatus committee was
formed from line and management personnel to assemble the
specifications for this apparatus. The Fire Department has
prepared a modified specification we believe will come in
under the total authorized budget of $200,000.00 and still
be a quality Fire Apparatus that will meet our needs.
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
APPROVED FOR HALF-SIZE DUMP TRUCK,
STREET DIVISION APPROVED
CC -12.1(b) The City Council approved the specifications for a
half-size dump truck and authorized advertising for bids to
be received Wednesday, September 2, 1992.
Funds to purchase a half-size dump truck for the street
division maintenance crews were approved in the 1992-93
Operations/maintenance budget.
The unit will be used by the crews to haul street material i~
and tow equipment on a daily basis.
SPECIFICATIONS AND ADVERTISEMENT FOR
BIDS APPROVED FOR CUSHMAN UTILITY VEHICLE
FOR PARKS AND RECREATION DEPARTMENT
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for one Cushman Utility vehicle for
the Parks Department.
The City Council was advised that Cushman #17 was struck by
a vehicle pulling out from a stop sign on November 5,
1991. The insurance company for the responsible party
settled with the City in the amount of $7,300.00. It is
necessary to replace this cushman as we are currently
paying overtime to repair or service cushmans that may need
it. We are also short on the necessary number of vehicles
for the Parks Division.
PURCHASE OF PHOTOCOPIERS FOR PARKS
AND RECREATION AND ELECTRIC UTILITY DEPARTMENT
RESOLUTION NO. 92-138
CC -12(d) The City Council adopted Resolution No. 92-138 authorizing
CC -300 the purchase of two photocopiers in the amount of $9,410.24
from Xerox Corporation under terms of the purchase
3
Continued August 19, 1992
agreement between Xerox and Los Angeles County, which
agreement is available to all city and county agencies
within California.
Both copiers are included in the 1992/93 Equipment Budget.
One unit, a higher -volume Xerox 5052, is planned for
installation in the Parks and Recreation office for
production of the large number of activity flyers, notices,
and correspondence needed to effectively coordinate
department programs. The second unit, a Xerox 5028, is
planned for installation in the Electric Utility
Department's Operation office at the Municipal Service
Center.
Since the Los Angeles County contract was negotiated,
rather than bid, Lodi City Code Section 3•.20.040, which
allows the City Council to authorize purchase through other
public agency bid agreements, does not apply. However, the
negotiated L. A. County contract provides pricing nearly
15* below established Xerox state and local government
price levels, and nearly 30t below commercial list prices.
Additionally, the City will obtain trade-in allowances on
two worn-out Xerox copiers (one over 20 years old), and
will benefit overall from the quality and reliability of
Xerox equipment.
It was therefore recommended that the City Council
authorize this purchase under City Code Section 3.20.070,
which provides that bidding may be. dispensed with when
"...the City Council determines that the purchase or method
of purchase would be in the best interests of the City."
PURCHASE OF USED VEHICLES FROM RENTAL
AGENCIES OR FLEET DEALERS
RESOLUTION NO. 92-139
CC -12(d) The City Council approved the purchase of used vehicles
CC -300 from rental agencies or fleet dealers.
Ordinance No. 1399, adopted June 17, 1987, amended Lodi
Municipal Code, Section 3.20.070 relating to bidding. The
amendment states that bidding can be dispensed with when
the City Council determines that the purchase or method of
purchase would be in the best interest of the City of
Lodi. The primary reasons for purchasing vehicles under
this program are:
1. Lower initial cost;
2. Shorter lead time for delivery;
3. vehicles purchased have maintenance and
repair records available for review;
4
Continued August 19, 1992
4. Higher resale value due to greater number of
options available;
5. Twelve month/12,000 mile, warranty written by
the agency.
PURCHASE OF COMPUTER TERMINALS FOR POLICE DEPARTMENT
RESOLUTION NO. 92-140
CC -12(d)
The City Council adopted Resolution No. 92-140 authorizing
CC -300
the purchase of 13 computer terminals from Memorex -Telex,
under State of California bid, for the amount of $9,410.24.
On July 15, 1992, the City Council authorized the
allocation of funds from the Asset Seizure Account to
purchase computer equipment, as well as firearms, for the
Police Department. This purchase represents the first part
of the computer equipment acquisition program.
Planned for use in the Police Department's Detective
_
Division, these thirteen Memorex -Telex model 1477 -CX
display stations are designed to be fully compatible with,
and connect directly to, the Department's IBM AS/400
computer. Additionally, they are designed to function as a
dual -session mode, meaning the user can be working in two _
separate data bases or programs concurrently. i
Recently, the State of California bid to supply computer {_
equipment to various state agencies was awarded to
Memorex -Telex. In the ongoing effort to expand cooperative
public purchasing, the bid 'pricing was made available to
all cities and counties in California. The bid price of
$671.80 plus tax for these Model 1477 -CX terminals
represents a 538 savings off list price, and nearly a 35*
savings off IBM's government price for a similar unit.
CERTIFICATION
OF WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY EXPANSION
SUPPLEMENTAL FINAL ENVIRONMENTAL IMPACT
REPORT, 12751
NORTH THORNTON ROAD
CC -51(f) The City Council determined the Supplemental Final
Environmental Impact Report (SFEIR) for White Slough Water
Pollution Control Facility Expansion prepared by EIP
Associates is adequate and certified the document.
The purpose of this document is to revise and supplement
the June 1988 Environmental Impact Report (EIR) for the
White Slough Water Pollution Control Facility Plant
Expansion. The preparation of this Supplemental EIR was
required because new information became available since the
certification of the original EIR. ' The new information
regards the relationship between receiving water quality
5
✓G�
Continued August 19, 1992
and the WSWPCF performance. Specifically, the project
description of the original EIR assumed the expanded
facility would be capable of producing domestic effluent
having 10 milligrams/liter (mg/L) or less biochemical
oxygen demand (BOD) and total suspended solids (TSS) more
than 90 percent of the time.
The project considered in the original EIR involved the
expansion of the WSWPCF from an average dry, weather flow
capacity of 6.2 million gallons per day (MGD) to 8.5 MGD
(an increase of 2.3 MGD, or a 37V increase in capacity),
together with improvements to the wastewater irrigation and
sludge handling systems. The proposed action under
consideration in the Supplemental EIR is the same as
considered in the original EIR with one exception: the
June 1988 EIR assumed the expanded WSWPCF would routinely
produce an effluent quality of 10 mg/L BOD & TSS. The
supplemental EIR examined the environmental effects that
would result from WSWPCF production of an effluent with 30
mg/L BOD & TSS from 16 October to 31 May, and 20 mg/L from
O1 June through 15 October.
The proposed action would result in an increase in the mass
emission of BOD & TSS into the receiving waters, as
compared to the existing conditions; however the dissolved
oxygen (DO) levels in the receiving waters are expected to
be maintained above standards currently established by the
Regional Water Quality Control Board. Water quality
monitoring would be included, and no treated effluent would
be discharged when DO levels fall below established
standards. The City has begun preparing an additional 275
acres of recently purchased land to receive treated
effluent to ensure adequate reuse/disposal capacity. As
considered in the original EIR, the buildup of heavy metals
in the soil would occur slowly as a result of the land
reuse/disposal of effluent, but with the existing
pretreatment program, effluent disposal could occur for
about 200 years before the buildup reached levels where
additional land disposal would be prohibited.
Summary of Environmental Effects - Proposed Actions
A summary of the environmental effects - proposed actions
was presented for City Council's review.
Further, the City Council adopted the following findings in
the matter.
Finding
1. The City of Lodi finds that the supplemental
Final EIR has been completed in compliance
with CEQA;
Continued August 19, 1992
2. The Supplemental Final EIR has been
presented to the City Council and has been
reviewed and considered prior to its
approval; and
3. The City of Lodi will adopt the required
mitigation measures to reduce all
significant, or potentially significant
environmental impacts to a less than
significant level.
Mitigation measures include:
a. Additional water quality monitoring of
the receiving waters will be conducted
to provide complete data as to when
ambient conditions are such that DO
levels should fall below 5.0 mg/l.
When such conditions are present,
WSWPCF effluent would be diverted to
storage facilities or land application.
b. Because disposal capacity is considered
to be marginally adequate to
accommodate extended periods of
irrigation when discharge is
prohibited, the City of Lodi shall
prepare an additional 275 acres of land
for effluent application.
C. Continue with the City's existing
pretreatment program of industrial
wastewater discharge to remove heavy
metals with an emphasis on zinc.
ACCEPTANCE OF IMPROVEMENTS UNDER WHITE
SLOUGH WATER POLLUTION CONTROL FACILITY
EXPANSION CONTRACT
CC -51(f) The City Council accepted the improvements under the "White
CC -90 Slough Water Pollution Control Facility Expansion"
contract, and directed the Public Works Director to file a
Notice of Completion with the County Recorder's office.
The contract was awarded to Alder Engineering and
Construction Company of Salt Lake City, Utah, on January
17, 1990, in the amount of $9,681,218.00. The contract has
been completed in substantial conformance with the plans
and specifications approved by the City Council.
The original contract completion date was October 3, 1991,
however, this was extended to November 8, 1991 with the
approval of Change Order #6. Change Order #9, included on
this agenda, extends the completion date to December 10,
7
Continued August 19, 1992
1991. The approved extensions were due to required major
repairs to the existing digester covers and modifications
to the electrical and instrumentation facilities. The
actual completion date was April 30, 1992.
The major reason the contract was not completed on time was
due to both the electrical subcontractor and the
instrumentation subcontractor going bankrupt. However,
Alder Engineering did everything in their power to keep the
workers of the subcontractors on our job during the
bankruptcy procedures. This included paying cash for the
subcontractors' material and paying their workers direct.
There is a $250 per day liquidated damage amount included
in the contract. Change Order #9 includes a credit to the
City of $35,500 for liquidated damages.
The final contract price is $10,140,096 (4.7V over original
contract amount). However, of the total change order
amount of $459,623, $314,209 was for HVAC system
improvements and repairs to the two existing digester
lids. At the time of the contract award it was known that
HVAC system improvements and digester lid repairs would be
additional costs., 'Therefore, unaccountable change orders
only amounted to 1.5V of the original contract amount. For
an expansion of an existing treatment plant facility,
this is an extremely low change order amount. We feel
strongly that this can be contributed to the thoroughness
our plant personnel and the Electric Utility Department's
electricians did in reviewing the contract drawings.
The increased cost is mainly due to the following major
change order items: repairing existing floating covers on
Digester #1 and Digester #2, replacing HVAC system in
existing control building, additional asphalt paving,
adding additional pipe and valving supports, providing
additional instrumentation, modifying locker rooms
(handicap requirements and additional tile work), improving
drainage and curbing around existing parking area,
upgrading concrete wall finishes, repairing deterioration
of headworks influent distribution box, replacing
deteriorated steel doors and window frames on headworks
building, expanding capacity of PLC's (programmable logic
controllers), replacing deteriorated insulated steel hot
water lines to digester, and removing sludge from Sludge
Lagoon #1.
This was Alder Engineering's first project in California.
Public Works Director Ronsko stated that they performed
quality work and the project was run in an organized and
professional manner. The Public Works Department is very
pleased with the construction that took place under this
contract. Black & Veatch must also be commended for their
work and especially for the contract
administration/inspection performed by Mr. Miller.
Continued August 19, 1992
CONTRACT CHANGE ORDERS - WHITE SLOUGH
WATER POLLUTION CONTROL FACILITY CAPACITY
EXPANSION IMPROVEMENTS
CC -51(f) This information was presented to the City Council in
CC -90 accordance with the contract change order policy approved
by Resolution 85-72. One of the requirements of this
policy is that staff inform the City Council of all change
orders in excess of an aggregate of $25,000. Contract
Change Orders #8 and #9, approved by the City Manager, have
a net decrease to the contract of $925. The total cost of
all change orders for this project is $458,878, or 4.74V of
the contract.
Contract Change Order #8, in the amount of $19,902, covers
additional cementitious coating, air piping, minor
modifications due to unforeseen pipe and electrical
conditions, repair to Digesters #1 and #2 lids, and
additional concrete for patio, steps and roadway. This
change order also deleted an instrument panel for the air
compressor package, an influent bubbler panel, digester gas
piping swivel joints, an asphalt redwood header, and torque
and shear pin limit switches.
Contract Change Order .#9, the last change order for this
project, is in the amount of ($20,827). This change order
added minor electrical, mechanical and piping revisions,
ceiling support work, and additional asphalt pavement work.
It also deleted asphalt slurry seal and single -ply roofing
and credit 142 days of liquidated damages ($250 per day).
The original contract price for the expansion project was
$9,681,218. The contract price, including change orders,
is $10,140,096.
CONTRACT CHANGE ORDER - LODI LAKE
PICNIC FACILITIES
CC -90 This information was 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 the larger of $5,000 or 10?- of the contract
amount.
This contract change order, approved by the City Manager,
was in the amount of $20,110 which is 20.6?- of the
contract. The major items of work in this change order are:
1) Installing lights in the Hughes Beach and
South Point picnic structures;
2) Increasing the parking lot size in the
Hughes Beach area; and
9
Continued August 19, 1992
3) Installing electrical conduit for future
lighting in the youth group area.
The City has a State grant of $140,000 to help pay for the
design and construction of the picnic facilities at Lodi
Lake. $20,000 was also appropriated from the General Fund
to meet the original project estimate of $160,000. Two
conditions of the grant were that the City use its $20,000
first and any money remaining in the account at the
completion of the project must be returned to the State.
Richard Bigler and Associates, the architect for this
project, revised his construction estimate to $190,000
just prior to putting the plans and specifications out to
bid. Bid items were deleted to keep the project within
budget and H. Max Lee, Inc. was the low bidder at $97,500.
The additional work shown in the change order will reduce
the amount of money that must be returned. The project
officer from the State Parks and Recreation Department has
reviewed and approved the changes in the scope of work.
4
CONTRACT AWARD FOR WELL #11-R ENCLOSURES,
824 EAST TURNER ROAD, LODI
RESOLUTION NO. 52-141
CC -12(a) The City Council adopted Resolution No. 92-141 awarding the
CC -300 contract for Well #il-R Enclosure, 824 East Turner Road,
Lodi, California project to H. Max Lee, Inc. in the amount
of $66,994.00 (base bid only).
This project consists of furnishing and installing concrete
footings, curb, gutter and sidewalk, concrete masonry unit
walls, steel door and gates and other incidental and
related work all as shown on the plans and specifications
for the above named project.
After the bid opening, Diede Construction notified the City
that a clerical error had been made on their bid proposal
and that they wished to have their bid withdrawn.
Bids were also received for two additional items of work.
The first item of work was for furnishing and installing a
landscaping wall and a retaining wall outside the well
enclosure. The second additional item of work was for an
exposed aggregate walkway to the well site.
Staff is reviewing ways to reduce the cost of the
landscaping and retaining walls and a change order may be
issued for this work. The exposed aggregate walkway will
not be included as part of this project. People needing to
use the door in the enclosure can use the driveway as an
approach.
10
Continued August 19, 1992
It was recommended that H. Max Lee, Inc. be awarded the
Well #11-R Enclosure contract for the base bid only
($66,994.00). -
Plans and specifications for this project were approved on
July 15, 1992. The City received the following four bids
for this project:
Bidder Location Bi
Engineer's Estimate $77,477.00
H. Max Lee, Inc. Lodi 66,994.00
A. M. Stephens Construction Rio Vista 74,375.00
Claude C. Wood Company Lodi 78,859.25
*Diede Construction Woodbridge 58,639.05
*bid withdrawn
CONTRACT AWARD FOR ALMOND DRIVE CURB,
GUTTER AND SIDEWALK, 1100' E/SONGBIRD
PLACE TO 1300' E/SONGBIRD PLACE
Y
RESOLUTION NO. 92-142
CC -12(a) The City Council adopted Resolution No. 92-142 awarding the
CC -300 contract for Almond Drive Curb, Gutter and Sidewalk, 1100'
E/Songbird Place to 1300' E/Songbird Place to Claude C.
Wood Company in the amount of $28,808.25 and appropriated
$16,000.00 from the Gas Tax Fund to complete the project.
This project consists of installing approximately 175
linear feet of curb, gutter and sidewalk and installing
approximately 2,000 square feet of asphalt concrete paving
and other incidental and related work, all as shown on the
plans and specifications for the above project.
It was also recommended that $16,000.00 be appropriated
from the Gas Tax Fund to complete the project.
Plans and specifications for this project were approved on
July 1, 1992. The City received the following three bids
for this project:
Bidder Location Bid
Engineer's Estimate $33,156.00
Claude C. Wood Company Lodi 28,808.25
A. M. Stephens Construction Rio Vista - 34,950.00
Diede Construction Woodbridge 39,425.39
11
Continued August 19, 1992
CONTRACT AWARD FOR POPLAR STREET WASTEWATER
PIPE IMPROVEMENT, CHEROKEE LANE TO
CENTRAL AVENUE
RESOLUTION NO. 92-143
CC -12(a) The City Council adopted Resolution No. 92-143 awarding the
CC -300 contract for Poplar Street Wastewater Pipe Improvements,
Cherokee Lane to Central Avenue Project to Jardin Pipeline,
Inc. in the amount of $111,900.00.
This project consists of jacking and trenching
approximately 1,800 linear feet of 10 -inch diameter
wastewater pipe, constructing 8 wastewater manholes,
abandoning existing 8 -inch diameter wastewater pipes and
manholes, and other incidental and related work, all as
shown on the plans and specifications for the above project.
Plans and specifications for this project were approved on
July 15, 1992. The City received the following 11 bids for
this project:
Bidder
Location
Bid
Engineers Estimate
$135,960.00
Jardin Pipeline, Inc.
Hayward
111,900.00
Clyde Wheeler Pipeline, Inc.
Oakdale
113,900.00
Claude C. Wood Co.
Lodi
118,266.25
Crutchfield Construction
Stockton
129,992.50
Phillips Backhoe
Lodi
142,778.75
Sacramento Excavator, Inc.
Fair Oaks
163,905.00
V & M Construction
Antioch
164,164.00
Jerry Gavrilko Co.
Folsom
164,278.00
Teichert Construction
Stockton
164,830.00
W. M. Lyles Co.
Acampo
169,785.00
Daniel Ontiveros Construction
Yuba City
189,925.00
TRAFFIC RESOLUTION AMENDMENT - PARKING
RESTRICTION EXTENSION ON THE 300 BLOCK
OF MAPLE STREET
RESOLUTION NO. 92-144
CC -48(a) The City Council adopted Resolution No. 92-144 amending the
CC -300 Traffic Resolution #87-163 to extend the parking
restriction on the 300 block of Maple Street.
The Public Works Department received petition requesting
the existing parking restriction in the vicinity of PCP
Cannery be extended to the 300 block of Maple Street. The
area was surveyed and staff observed many parked vehicles
on this block as well as some on Central Avenue near Maple
Street and portions of the 400 block of Maple Street. This
12
Continued August 19, 1992
area is closer to the employee entrance than the PCP
parking lot which was heavily used.
Staff recommends the following restrictions be extended to
the 300 block of Maple Street:
"No Parking" for one hour from
8:00 a.m to 9:00 a.m.
3:00 p.m. to 4:00 p.m.
3:00 a.m. to 4:00 a.m.
Except with resident permit
The current fee of the residential permit in other areas is
$3 for three years. The fee helps defray the cost of
signing, enforcing and record keeping. If City Council
approves this parking restriction, the Finance Department
will send notices to the residents explaining the process
of applying for a permit. For those residents who do not
wish to purchase a permit for their vehicle, they can still
park on the street except during the three one-hour periods.
Staff feels the parking problem may extend to adjacent
streets if the parking restriction is implemented. Staff
notified adjacent residents of this meeting. If City
Council wishes to extend the parking restrictions to some
of these adjacent streets, Public Works staff has no
objections.
RECLASSIFICATION OF ELECTRIC DATA
TECHNICIAN/RELIEF OPERATOR TO UTILITY
SERVICE OPERATOR - RELIEF
RESOLUTION NO. 92-145
CC -34 The City Council adopted Resolution No. 92-145 approving
CC -300 the reclassification of Electric Data Technician/Relief
Operator to Utility Service Operator -Relief.
The City Council was advised that since the Spring of 1991,
the Electric Utility Department has been reorganizing to
increase its efficiency. The reorganization has created
the need for reclassification of the Electric Data
Technician/Relief Operator class.
This position will be filled by an incumbent operator and
will not require additional funding. The salary range for
this position will be the same as the Electric Data
Technician/Relief Operator position.
13
Continued August 19, 1992
PUBLIC HEARING SET TO INCLUDE ADDITIONAL
PARCELS IN THE CITY'S WEED ABATEMENT
PROGRAM FOR 1992
RESOLUTION NO. 92-149
CC -24(b) The City Council adopted Resolution No. 92-149 including
two additional parcels in the City's 1992 Weed Abatement
Program and setting the matter for public hearing on
September 16, 1992.
The City Council was reminded that several months ago the
City Council initiated weed abatement proceedings involving
various parcels within the City of Lodi. At a public
hearing held May 20, 1992, the City Council ordered
proceeding with the abatement program on the various
parcels set forth in Resolution No. 92-99.
We have now been advised by the Fire Department that two
additional parcels as listed below, need to be included in
the 1992 Weed Abatement Program for the City of Lodi.
Viola 0. Fahrner
424 S. School Street
(APN 045-201-0018)
Maribel Munoz
706 South Garfield
(APN 047-323-0003)
It was therefore recommended that the City Council adopt a
resolution including these two parcels in the City of Lodi
1992 Weed Abatement Program and set the matter for public
hearing on September 16, 1992.
SET PUBLIC HFJU:ING TO CONSIDER AN
APPEAL TO THE LODI CITY COUNCIL UNDER LODI
MUNICIPAL CODE SECTION 5.32.120 BY FRANCES ELKINS,
OWNER OF LAKEWOOD HEALTH SPA, OF THE ORDER
OF THE CHIEF OF POLICE REVOKING HER MASSAGE
BUSINESS LICENSE UNDER LODI MUNICIPAL
CODE SECTION 5.32.110.
CC -6 Following receipt of a letter from' the law offices of
CC -156 Adams, Horstmann, and Edwards asking that the license
revocation of Lakewood Health Spa (Frances Elkins) be set
for hearing before the City Council, the City Council set
September 16, 1992 as the hearing date for the subject
matter.
This date is preferred by the appellant, who has agreed to
waive time limits for a prompt hearing, pursuant to the
letter of her attorney, Roy Edwards.
14
Continued August 19, 1992
PUBLIC HEARING SET REGARDING GRAFFITI
ABATEMENT PROGRAM
CC -6 The City Council set a public hearing on September 16, 1992
CC -13 regarding Graffiti Abatement to allow the public the
CC -55 opportunity to speak on the proposal and also to hear
recommendation from staff.
This project will fund an ongoing effort to remove graffiti
from primarily residential properties in the City's east
side. This activity will principally benefit low/moderate
income individuals and contribute to the elimination of a
slum or blighted condition.
Reallocation from two 1990-91 CDBG accounts, Public Safety
Program (45.5-503.04) $19,407.24, and Code Enforcement
(45.5-301.03) $14,000 will provide the necessary funding.
PUBLIC HEARING SET TO CONSIDER
REQUEST OF STOCKTON INTERTRANS CORPORATION
TO OPERATE A TAXI SERVICE WITHIN THE CITY
OF LODI
CC -22(a) The City Council directed the City Clerk to publish a legal
advertisement advising of a public hearing that has been
set by the City Clerk for September 16, 1992 to consider _
the application of Stockton Intertrans Corporation, dba
Yellow Cab, to operate a taxicab service with the City of
Lodi.
The City of Lodi is in receipt of an application to operate
a taxicab service in the 'City of Lodi which has been
received from Stockton Intertrans Corporation, dba Yellow
Cab, 206 North Sutter Street, Stockton.
Section 5.24.220 of the Lodi Municipal Code sets forth
that:
"...upon the receipt of an application
referred to in Section 5.24.210, the city
clerk shall set a time, not less than ten
nor more than thirty days thereafter, for
the hearing of the application before the
city council, and shall give notice of the
time so set, at least five days before the
date of the hearing, to the applicant and to
any other permit holder under this chapter
at the address set out in such application
and by publication, if directed, by the
council."
Pursuant to this Section of the Lodi Municipal Code, City
Clerk Reimche set this public hearing for September 16,
1992.
15
Continued August 19, 1992
RESOLUTION ADOPTED DELETING REFERENCE
TO THE NUMBER OF CONSECUTIVE TERMS MEMBERS
OF THE LODI ARTS COMMISSION MAY SERVE
RESOLUTION NO. 92-146
CC -2(k) The City Council adopted Resolution No. 92-146 repealing
CC -300 and reenacting Resolution No. 89-121 relating to the Lodi
Arts Commission, thereby deleting reference to the number
of consecutive terms members may serve.
In 1989, the Council adopted Resolution No. 89-121, a
portion of which placed a two -term limitation on members of
the Lodi Arts Commission. It has now been requested that
the term limitations be removed.
This would be consistent with all other Boards and
Commissions of the City which are not subject to term
limitation provisions.
CITY OF LODI DIAL -A -RIDE TRANSIT SYSTEM
PERFORMANCE AUDIT FOR THREE YEARS ENDED
JUNE 30, 1991 RECEIVED
CC -50(b) The City Council accepted the City of Lodi Dial -A -Ride
CC -22(a) Transit System Performance Audit for the Three Years Ended
June 30, 1991.
The City Council was informed that the Public Utilities
Code requires a tri -annual audit of the City of Lodi's
transit system. The audit was conducted by the Certified
Public Accounting firm of 'Bartig, Basler & Ray which was
selected by the San Joaquin County Council of Governments
(COG) .
The Audit Report makes the following recommendations:
1. GOALS AND OBJECTIVES
Goals and objectives with respect to
short-range and long-range transit planning
need to be expanded upon. Furthermore, a
system of evaluating' the achievement of
those goals should be installed.
C O M M E N T
This audit was not coordinated with the
transit needs assessment. That report sets
forth a set of goals and objectives. Needs
assessment will set a good framework for
meeting this recommendation.
16
Continued August 19, 1992
2. MARKETING AND PUBLIC INFORMATION
The City should embark upon a more
aggressive marketing campaign to encourage
ridership. This campaign should be the
result of surveys designed to determine
service satisfaction.
C O M M E N T
The City of Lodi has been reluctant to
publicize Dial -A -Ride to a greater degree
than has been done because of concerns of
not being able to meet the demand.
Dial -A -Ride is generally known to the entire
community. If we expand our transit system
to include a fixed route system we will most
certainly include a full-blown marketing
campaign.
3. REPORTING OF COMPLAINTS
The City should maintain a log of complaints
to undercover trends that management can
utilize for future planning.
COMMENT
Each complaint is reviewed and those needing �..
action are passed on to the contractor. We
do not keep a formal log, but have now
established one.
4. EMPLOYEE HOUR EQUIVALENTS
The City should maintain a record of hours
spent on the transit system by City
personnel and should require the contractor
to report the same.
C O M M E N T
We are now collecting the maintenance hours
spent on maintenance and including that in
our monthly summaries. City Cab Company
also is being requested to provide this
information.
5. URBAN MASS TRANSPORTATION ADMINISTRATION
(UMTA) OPERATING ASSISTANCE
The City should make full use of UMTA
operating and capital assistance grants
17
Continued August 19, 1992
before claiming State Transit Assistance
funds. This is especially true now that the
City is eligible for UMTA Section 9 Urban
Grant funds.
C O M M E N T S
Staff is exploring the requirements and
ramifications of obtaining these funds.
A copy of the Audit Report is on file in the office of the
City Clerk.
LODI TRANSIT NEEDS ASSESSMENT AND
SYSTEM PLAN RECEIVED
CC -50(b) The City Council received the City of Lodi Transit Needs
CC -22(a) Assessment and System Plan.
For the past number of years the City of Lodi has heard at
its Unmet Transit Needs hearings the statement, "The City
needs a fixed route bus system." After the 1991-92 hearing
the City of Lodi, in conjunction with San Joaquin County
Council of Governments (COG), hired the transportation
planning firm of Arthur Bauer & Associates, Inc. to
evaluate the long-term transit needs in the City of Lodi.
The bottom line of the study is a recommendation that the
City develop fixed route service as an adjunct to the
present demand response service.
The report gives a set of short and long-term steps to
fully implement their recommendations. The final chapter
of the report outlines a financial and capital plan
utilizing Urban Mass Transportation Administration (UMTA)
funds as well as Transportation Development Act (TDA) funds.
It is suggested this plan be presented to the City Council
at a "Shirtsleeve Session." Before that date, copies
should be forwarded to the Ad Hoc Transportation Committee
and to the Chamber of Commerce Government and
Transportation Review Committee so those organizations can
provide input and comment as the Council considers these
recommendations.
A copy of the report is on file in the office of the City
Clerk.
18
Continued August 19, 1992
SITE LOCATION AND PLANS AND SPECIFICATIONS
AND ADVERTISEMENT FOR BIDS FOR WELL 3-R
DRILLING, 144 SOUTH ROSE STREET.(SOUTHEAST
CORNER OF HUTCHINS STREET SQUARE) AND
CERTIFY THE FILING OF A NEGATIVE DECLARATION
BY THE COMMUNITY DEVELOPMENT DIRECTOR AS
ADEQUATE ENVIRONMENTAL DOCUMENTATION
CC -12.1(c) The City Council reviewed and approved the location of Well
3-R at Hutchins Street Square and approved the plans and
specifications and advertisement for bids and certified the
filing of a negative declaration by the Community
Development Director as adequate environmental
documentation on the project.
The City Council was advised that a test well has been
drilled at Hutchins Street Square and the results show that
there is sufficient water of acceptable quality to drill a
production well on Rose Street approximately 180 feet north
of Walnut Street. The site location and layout has been
reviewed by the Hutchins Street Square Board and their
concerns about the timing of the project and the extent of
the site improvements have been addressed.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
RAIL SERVICE IN THIS AREA
CC -6 Following introduction of the subject by Mayor Pro Tempore
CC -7(h) Pennino, the City Manager was directed to write letters
CC -50(b) regarding rail service in the area.
REQUEST FOR COPIES OF OFFICIAL MINUTES OF
ALL CITY BOARDS AND COMMISSION TO BE PLACED
AT THE LODI PUBLIC LIBRARY
CC -6 Council Member Snider asked that copies of official minutes
CC -16 for all City Boards and Commissions be forwarded to the
Lodi Public Library to allow public review of the documents.
UPDATE ON "LATE NIGHT BASKETBALL PROGRAM"
CC -40 Following an inquiry from Council Member Sieglock, the City
Council was advised that the "Late Night Basketball
Program" will commence about November 1, 1992.
19
Continued August 19, 1992
MEETING SCHEDULED REGARDING IMPROVEMENT
AND UPGRADING OF CHEROKEE LANE
CC -13 Mayor Pinkerton announced that a meeting is being scheduled
for Friday, August 28, 1992 at 12:00 p.m. at Porfi's
Restaurant regarding the improvement and upgrading of
Cherokee Lane.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
COMPLAINTS REGARDING 303 EAST ELM
STREET, LODI
CC -16 Virginia Lahr, 311 East Elm Street, Lodi addressed the City
Council regarding complaints involving property at 303 East
Elm Street, Lodi, asking that the matter be placed on a
future agenda. The City Manager was directed to attempt to
resolve these problems at the earliest possible time.
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
Hearings to consider the zoning/rezoning of the Towne Ranch
project (APN's 029-030-01 and 029-030-42) R-2 as
recommended by the Planning Commission and the continued
appeal of Edie Houston, 611 Glen Oak Drive, Lodi regarding
the Planning Commission's approval of the tentative map of
the Towne Ranch Development located at the southwest corner
of Turner Road and Lower Sacramento Road.
ZONING/REZONING OF THE TOWNE RANCH PROJECT
(APN'S 029-030-01 AND 029-030-42) R-2 AS
RECOMMENDED BY THE PLANNING COMMISSION
AND THE CONTINUED APPEAL OF EDIE HOUSTON,
611 GLEN OAK DRIVE, LODI REGARDING THE
PLANNING COMMISSION'S APPROVAL OF THE
TENTATIVE MAP OF THE TOWNE RANCH DEVELOPMENT
LOCATED AT THE SOUTHWEST CORNER OF TURNER
ROAD AND LOWER SACRAMENTO ROAD
ORDINANCE NO. 1556 INTRODUCED
CC -53(a) The City Council conducted a Public Hearing to consider
CC -149 zoning/rezoning the Towne Ranch project at 150 East Turner
Road (APN 029-030-01) and 398 East Turner Road (APN
029-030-42) R-2, Single -Family Residential in conformance
with the Planning Commission's recommendation of October 7,
1992 and to consider the appeal of Edie Houston, 611 Glen
Oak Drive, Lodi regarding the Planning Commission's
approval of the tentative map of the Towne Ranch
20
Continued August 19, 1992
S
Development located at the southwest corner of Turner Road
and Lower Sacramento Road.
Community Development Director Schroeder advised the City
Council that Ordinance 1529 adopted by the City Council on
November 20, 1991 prezoned the Towne Ranch project to R-1,
Single -Family Residential and R-2, Single -Family
Residential. However, the Ordinance had no legal
descriptions depicting which areas of the project were to
be designated R-1 or R-2. Without these legal descriptions
the Ordinance was flawed and therefore unusable.
The staff recommended that the City Council accept the
Planning Commission's recommendation and zone/rezone the
Towne Ranch project to R-2, Single -Family Residential.
Further, Community Development Director Schroeder advised
the City Council that Edie Houston is appealing the
Planning Commission's approval of the Tentative Parcel Map
of Towne Ranch, Unit No. 1 because she believes that all
lots abutting the Park West Subdivision should have a
minimum of 6500 square feet which is the minimum lot size
in Lodi's R-1, Single -Family Residential District. She
backs her argument by referring to Ordinance 1529 which
states:
"The parcels at 150 East Turner Road (APN
029-030-01) and 398 East Turner Road (APN
029-030-42) (proposed Towne Ranch
development) are hereby prezoned R-1,
Single -Family Residential and R-2,
Single -Family Residential."
The text does not designate what lots or areas are to be
zoned either R-1 or R-2.
The staff report for the November 6, 1991 Council meeting
also states R-1 and R-2, again without any lot or area
designation.
However, the Planning Commission's recommendation indicates
R-2 zoning for the entire site. In fact, the Planning
Commission's approval of the Tentative Subdivision Map was
made with the conclusion that the entire area was zoned R-2.
At the Planning Commission hearing on the prezoning, Terry
Piazza indicated that his clients wanted R-2 zoning
throughout Towne Ranch and were dropping any request for
R-1 designation.
Ms. Houston feels the area adjacent to Park West should be
R-1 to conform to that subdivision and there should be no
duplexes on corner lots as permitted by R-2 zoning.
21
Continued August 19, 1992
The staff suggested that the City Council accept the appeal
of Ms.
Houston
and
approve the appealed Tentative
Subdivision Map
with
the conditions required by the
Planning
Commission
plus
the following requirements:
1.
that
the
lots abutting Park West Subdivision
in Towne
Ranch, Unit No. 1 and subsequent
units--
contain a minimum of 6500 square feet
which
is
the lot size requirement in the
R-1,
Single -Family District;
2.
that
no
duplexes be permitted on corner
lots;
and
3. that the Ordinance zoning/rezoning the Towne
Ranch project becomes law.
Discussion followed with questions being directed to staff.
The following persons addressed the City Council speaking
on behalf of the appeal.
1) Mrs. Mike Djordjevich, 2528 Cottonwood
Drive, Lodi;
2) Mr. Michael Kaminski, 317 Evergreen Drive,
Lodi; and
3) Mr. Don DeWitt, Parkwest Subdivision.
Those speaking in support of the project were:
1) Mr. Terry Piazza, Baumbach and Piazza, Inc.,
323 West Elm Street, Lodi; and
2) Mr. Dennis Bennett, 777 South Ham Lane,
Suite L, Lodi.
Mr. Bennett indicated that he agreed with the staff
recommendations as set forth above.
There being no other persons wishing to speak on the
matter, the public portions of the hearings were closed.
On motion of Council Member Hinchman, Pennino second, the
City Council by unanimous vote introduced Ordinance No.
1556 entitled, "An Ordinance of the Lodi City Council
Repealing Ordinance No. 1529 in its Entirety and Amending
the Official District Map of the City of Lodi and Thereby
Zoning/Rezoning the Parcels located at 150 East Turner Road
(APN 029-030-01) and 398 East Turner Road (APN 029-030-42)
(Proposed Towne Ranch Development) R-2 Single -Family
22
Continued August 19, 1992
Residential, with a Condition Relating to School Facilities
Funding".
On motion of Council Member Sieglock, Pennino second, the
City Council granted the appeal of Mrs. Houston and
approved the appealed Tentative Subdivision Map with the
conditions required by the Planning Commission plus the
following requirements:
23
a) that the lots abutting Park West Subdivision
in Towne Ranch, Unit No. 1 and subsequent
units contain a minimum of 6,500 square feet
which is the lot size requirement in the
R-1, Single -Family District;
b) that no duplexes be permitted on corner lots;
c) that the same conditions be placed by the
Planning Commission on future phases in
Towne Ranch;
d) that all the conditions of the Planning
Commission remain in place; and
e) that the map approval is contingent upon the
Ordinance No. 1556 zoning/rezoning Towne
Ranch becoming law.
RECESS
Mayor Pinkerton declared a ten-minute recess and the City
Council reconvened at 9:20 p.m.
APPEAL OF G.
T. AUTO SALES, 821-B SOUTH
CHEROKEE LANE, LODI'REGARDING PUBLIC
RIGHT-OF-WAY
ENCROACHMENT VIOLATION AT
821 SOUTH CHEROKEE LANE, LODI -
LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY
(BETWEEN THE
CURB AND SIDEWALK AREA)
CC -6
Notice thereof having been published'according to law, an
CC -16
affidavit of which publication is on file in the City
CC -53(b)
Clerk's Office, the Mayor called for the public hearing to
CC X00
consider the appeal of G. T. Auto Sales, 821-B South
Cherokee Lane, Lodi regarding public right-of-way
encroachment violation at 821 South Cherokee Lane, Lodi -
landscaping within the public right-of-way (between the
curb and sidewalk area) - violation of Section 1204 of the
Lodi Municipal Code.
The City Council was advised that an appeal letter had been
received from GT Auto Sales asking that the Council permit
them to keep the recently planted landscaping or provide a
low-cost solution.
23
Continued August 19, 1992
Lodi Municipal Code Section 12.04.370A prohibits the
planting of anything other than lawn or sod and also
prohibits the placement of earth,- gravel, or any other
material within the right-of-way without an encroachment
permit. The most common type of encroachment violation
takes place in the "parkway", that area between the curb
and sidewalk. Our department acts on approximately three
to five of these types of encroachment violations per
year. These violations range from planting rose bushes,
unauthorized trees and other shrubs to placement of
cobbles, gravel, lava rock, redwood surfacing, fencing,
etc.
Parkway areas are all within the public right-of-way and
per Lodi Municipal Code should be accessible and usable by
the public. Section 12.04.370B reads in part:
"No encroachment of any nature will be
permitted or maintained which impedes,
obstructs or denies such pedestrian or other
lawful travel within the limits of the
right-of-way of a public street, "
Where cars park adjacent to the parkway, passengers will be
stepping out and using the parkway for access to the
sidewalk. The City, therefore, has a responsibility to
ensure that whatever is placed in the parkway area does not
create a liability. our policy has been to allow parkways
to be improved only by the planting of lawn or sod, which
does not require a permit. All trees which are planted
must be approved and planted by the City. In keeping with
the requirements of Lodi Municipal Code Section 12.04.3708,
our department has not issued permits for other types of
parkway landscaping. The parkway is within the public
right-of-way, however, it is the property owners
responsibility to maintain, including watering. The City
is responsible for tree maintenance, i.e., trimming,
cutting, spraying, removal, etc.
With respect to Cherokee Lane, a Cherokee Lane landscape
master plan was presented to the City Council in January
1967. A copy of this plan is on file at City Hall. Since
that date, as vacant parcels have developed or parcels have
redeveloped, the City has required that the improvements be
installed conforming to this plan. The exception to this
has been for street lights, center traffic median and the
Council has waived tree planting fronting certain car
dealerships. All street improvements, i.e., curb, gutter
and sidewalk, and landscaping are the responsibility of the
property owner or developer.
Page 13 of the master plan does not show a parkway in
front of the subject property at 821 South Cherokee Lane,
but shown concrete sidewalk adjacent to the curb with
24
Continued August 19, 1992
individual tree wells and a planting of crepe myrtle
trees. There is no sidewalk fronting the subject parcel,
however, there is an asphalt • walkway. Requiring
conformance with the plan is only required if major
improvements are made on site. If the Oberles or their
licensed landscape contractor had come in for an
encroachment permit, we would not have required them to
install sidewalk and tree wells per the plan, but they
would have been informed that lawn could be planted without
a permit and that a permit would not be issued for their
proposed landscaping. we feel it was the responsibility of
the Oberles' licensed contractor to ensure that the
required permits were obtained. Since the work was done
without a permit, it would seem that the licensed
contractor has a responsibility to make it right. The
landscaped area in question is approximately 630 square
feet and has no sprinkler system. In checking with a local
landscaping firm, an automatic sprinkler system and sod
could be installed for approximately $700 assuming water is
available nearby.
The landscaping on the subject property is shown on an
Exhibit presented to the City Council. The following areas
are of concern:
1. The tree planted does not conform to the
landscape plan and is planted too close to
the power pole.
2. As people exit their car during the winter,
they will be stepping through a muddy
planter to get to the asphalt walkway.
3. As previously pointed out by the City
Attorney, the vertical sign, rocks and other
obstructions in the parkway can be a
liability.
It is felt that the City's existing policy of allowing only
lawn or sod in parkway areas is appropriate and is in
keeping with the overall beautification of Lodi. If we
allow each individual parcel to develop to its own taste,
there will be no uniformity and no way to enforce what is
placed in the public right-of-way. If variations are to be
considered, some guidelines need to be developed. This may
be an appropriate task for the Site Plan and Architectural
Review Committee (SPARC).
Staff recommended that the Oberles' appeal be denied.
Speaking on behalf of the appeal was Audrey Oberle, B21 -B
South Cherokee Lane, Lodi.
25
Continued August 19, 1992
i
There being no other persons wishing to address the City
Council regarding the matter, the public portion of the
hearing was closed.
On motion of Council Member Snider, Hinchman second, the
City Council granted the appeal and determined that the
subject landscaping could remain until there is a uniform
plan adopted for the area.
The motion carried by the following vote:
Ayes: Council Members - Hinchman, Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - Pennino
Absent: Council Members - None
PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS
ON THE FINAL DRAFT OF THE REGIONAL
HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE)
RESOLUTION NO. 92-147
CC -24(d) Notice thereof having been published according to law, an
CC -300 affidavit of which publication is on file in the City
Clerk's Office, Mayor Pinkerton called for the continued
public hearing to receive public comments on the Final
Draft of the Regional Household Hazardous Waste Element
(HHWE) .
The City Council was reminded'that at the last City Council
meeting, it asked its representative to the County
Integrated Waste Management Local Task Force, Council
Member Sieglock, to discuss various points with the Task
Force which were raised during the meeting. He has done
this and was prepared to discuss his findings. The Lodi
Solid Waste Management Task Force met August 17, to discuss
the Household Hazardous Waste Element. Minutes of this
meeting were provided to Council. A representative from
California Waste Removal Systems provided their perspective.
We must emphasize the need to be a part of the county -wide
plan. The costs, risks and potential liabilities
associated with "going it alone" are too great. A number
of years ago the City Council wisely recognized the
liabilities of operating a sanitary landfill and
relinquished that burden to the County. Whether or not the
County is operating that landfill more economically than
the City is not the central question. .They have a large
enough operation to hire specialists to assure all the
state and federal mandates are being followed and they are
responsible. Think for a moment the problems associated
with closing the old landfill and purchasing and opening a
26
Continued August 19, 1992
new one.
responsibility
county service
County.
Just recently we saw the pitfalls of
with the DBCP transformers. By joining a
area the responsibility is passed on to the
We have contacted Dave Vaccarezza, owner of California
Waste, to determine if it is feasible for him to become
involved in handling the City's Household Hazardous Waste
Program. He responded that it is not feasible for the City
nor California Waste to do this.
California Waste's transfer station is not licensed to
handle hazardous waste of any kind. As a matter of fact,
in the not too distant past Mr. Vaccarezza petitioned the
City to amend his franchise to exclude hazardous and
biological waste. To be licensed for handling hazardous
waste would require four additional state agencies to be
involved. Mr. Vaccarezza estimates his liability and
workers' compensation insurance alone would increase by at
least $72,000 per year. His letter to the Lodi City
Council of August 11, 1992 supporting a county -wide plan
was presented to the City Council.
No one will deny that the cost of operating a daily
collection event is very high. However, it should be kept
in mind that Lodi's share of the financing required to
implement the proposed Regional Element, is not exclusively
for daily collection events. Lodi will also be involved in
a regional public education program (eg. television and
radio advertisements, etc.) aimed at encouraging citizens
to generate less household hazardous waste. The Household
Hazardous Waste Element also includes a regional Permanent/
Mobile Collection Facility which will enhance the cost
effectiveness of the daily collection events and will
provide residents with an alternative if they can not wait
for a daily collection event. This facility is not a
disposal or treatment facility; it acts more like a
transfer station. The proposed $4.00 annual fee will cover
the cost of operating all of these programs.
There are a number of means of funding the county service
area. The two most viable are an addition to the refuse
bill or an addition to the property tax. There are pros
and cons of each.
A. ADD TO REFUSE BILL
This technique has the advantage of the
householder paying directly for the cost of
the service. In most cases the
single-family home will generate the most
household hazardous waste. Homeowners,
rather than tenants, tend to be those with
paint, insecticides, etc. The monthly
27
Continued August 19, 1992
revenue would have to net $.333 per month.
The actual charge would have to be greater
than $.333 per month to cover vacancies and
non-payment.
There are a number of disadvantages of this
technique. The City becomes involved in the
collection process and would ultimately be
responsible for paying,.the cost. This fee
is a monthly irritant or reminder of this
fee and the City would be the one receiving
the complaints. Lastly, if this fee is in
the form of a surcharge on the refuse bill
it is not tax deductible.
B. ADD TO TAX BILL
If the fee is added to the tax bill the
collection process is much simplified from
the City's point we will not be involved,
and the cost is completely tax deductible.
The landowner in the case of apartments can,
if they choose to, pass this cost directly
to the apartment owner.
Either system will work - staff recognizes the
philosophical differences involved in this decision - but
it should be pointed out that it is a less onerous burden
to the City operations to have this fee paid as part of the
tax bill.
Addressing the City Council regarding the matter were:
a) Dave Mende, Member of the City of Lodi Solid
Waste Management Task Force (SWAM);
b) David Vaccarezza, President, California
Waste Removal Systems; and
c) Janet Pruss, 2421 Diablo Drive, Lodi.
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.
Council Member Sieglock moved the City Council adopt
Resolution No. 92-147 requesting the formation of a County
service area for the purpose of providing a household
hazardous waste program for area residents, consenting to
the inclusion of the City of Lodi in the subject area,
adopting the Regional Household Hazardous Waste Element
(HHWE) and authorizing adding the fee to the City's utility
bills. The motion failed passage.
28
Continued August 19, 1992
Following additional discussion, on motion of Council
Member Snider, Pinkerton second, the City Council adopted
Resolution No. 92-147 requesting the formation of a County
service area for the purpose of providing a household
hazardous waste program for area residents, and consenting
to the inclusion of the City of Lodi in the subject area,
adopting the Regional Household Hazardous Waste Element
(HHWE) and authorized adding the fee to the property tax
bill.
The motion carried by the following vote:
Ayes: Council Members - Snider, Pennino and Pinkerton
(Mayor)
Noes: Council Members - Hinchman and Sieglock
Absent: Council Members - None
PLANNING COMMISSION City Manager Peterson presented the following
Planning Commission Report of the Planning Commission
Meeting of August 10, 1992:
CC -35
The Planning Commission -
a. Determined that the Public Works Department's Streets
Capital Improvement Program conformed to the General Plan
and recommended its adoption to the City Council.
Further, the Planning Commission -
a. Determined that the Public Works Department's Streets
Capital Improvement Program conformed to the General Plan
and recommended its adoption to the City Council.
b. Determined a Zoning Hardship existed and conditionally
approved the request of Jeffery J. Gravish for a Zoning
variance to reduce the front yard setback requirement to
permit the replacement of an existing 31 -foot fence with a
6 -foot fence at 1138 North Ham Lane in an area zoned R-1,
Single -Family Residential.
C. Set the following requests of Dana Smith and Brad DuLac for
Public Hearing at 7:30 p.m., Monday, August 24, 1992:
1. for approval of the Tentative Subdivision
Map of Bridgehaven, a 6.15 acre, 47 -lot
single-family residential subdivision to be
located on Woodhaven Lane, south of the
W.Z.D. canal; west of Eilers Lane and north
of Turner Road in an area zoned P -D(30),
Planned Development District No. 30.
29
Continued August 19, 1992
2. to certify the filing of a Negative
Declaration by the Community Development
Director as adequate environmental
documentation on the above project.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On recommendation of Insurance Consulting Associates, Inc.,
the City's Contract Administrator and the City Attorney, on
motion of Council Member Hinchman, Snider second, the City
Council denied the following claims:
a)
David Brien, Date of loss
7/3/92;
b)
Miracle Recreation, et
al, Date
of loss
4/17/91; and
c)
Shasta Dam Area Public
Utility
District,
Date of loss 1/24/92.
ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk
Reimche presented the
following
Alcoholic
Beverage
Control License Applications which
had been
received:
a) Richard H. Orr, Roundhouse Tavern, 104 East
Lodi Avenue, Lodi, On Sale General Public
Premises, Person to Person Transfer; and
b) Thrifty Corporation, 300 West Kettleman
Lane, Lodi, Off -Sale General and Off -Sale
Beer and Wine.
REGULAR CALENDAR
CITY -MONITORED SILENT ALARM SERVICE
CC -6 The City Council was reminded that the subject of
CC -16 City -monitored silent alarm system appeared on previous
CC -152 City Council agendas of March 4, 1992 and August 5, 1992.
At its last regular meeting, the City Council reviewed the
results of a survey of the business community conducted by
the Police Department. Mr. David Rice, owner of
Bitterman's Jewelry, 10 North School Street, who assisted
in the development of the survey form, was present at that
meeting and requested more time to personally contact those
businesses that did not respond to the survey.
The following persons addressed the City Council regarding
the subject:
30
Continued August 19, 1992
a) Mr. Dave Rice, 10 North School Street, Lodi;
b) Mrs. Barbara McWilliams, 208 South School
Street, Lodi; and
c) Mr. Steve Bosserman, 109 Hemlock Drive, Lodi.
Captain Larry Hansen responded to questions regarding the
matter as were posed by members of the City Council.
A very lengthy discussion followed with questions being
directed to staff and to those who had addressed the City
Council regarding the matter.
On motion of Council Member Hinchman, Snider second, the
City Council directed the solicitation of bids for a
City -monitored silent alarm service. The motion carried by
the following vote:
Ayes: Council Members - Hinchman, Sieglock, Snider and
Pinkerton (Mayor)
Y
- Noes: Council Members - Pennino
Absent: Council Members - None
ORDINANCE INTRODUCED ESTABLISHING A 5 MPH
SPEED LIMIT ON PRIVATE PROPERTY DESCRIBED
AS THE RIVERGATE HOMEOWNERS' ASSOCIATION
LAGOON, APN 041-290-0026
ORDINANCE NO. 1554 INTRODUCED
CC -6 City Attorney McNatt reminded the City Council that at its
CC -16 meeting of August 5, 1992, a request was made by Mr. Robert
CC -149 Stipe on behalf of the Rivergate Homeowners' Association
CC -184 for the Council to adopt an ordinance establishing a 5 -MPH
speed limit on the lagoon owned by the Rivergate
Homeowners' Association. Under Harbors and Navigations
Code Section 660, it is necessary that the city in which a
body of water is located formally adopt an ordinance
establishing speed limits on bodies of water before such
speed limit can be enforced.
The Council recently acted to establish a 5 -MPH speed limit
on Lodi Lake (Ordinance No. 1553). This matter is slightly
different in that it addresses private property, on which
the City will probably not have any enforcement
capability. As such, the ordinance establishing a 5 -MPH
speed limit is uncodified, i.e., meaning it will not be
placed in the Lodi Municipal Code. This will still allow
enforcement by the San Joaquin County Sheriff's Marine
Patrol.
31
Continued August 19, 1992
Following discussion, on motion of Council Member Sieglock,
Hinchman second, the City Council by unanimous vote
introduced Ordinance No. 1554 entitled, "An Uncodified
Ordinance of the City Council of the City of Lodi
Establishing a Five -Mile Per Hour (5 MPH) Speed Limit on
Private Property Described as the Rivergate Homeowners'
Association Lagoon, APN 041-290-0026".
INTRODUCTION OF ORDINANCE ADDING NEW
SECTION TO THE LODI MUNICIPAL CODE
RELATING TO THE POSTING OF CERTAIN
FACILITIES TO PROHIBIT THE UTILIZATION OR
POSSESSION OF GLASS BOTTLES AND SIMILAR
CONTAINERS AND/OR ALCOHOLIC BEVERAGE
ORDINANCE NO. 1555 INTRODUCED
CC -27(c) The City Council was advised that for a number of years,
CC -149 the Parks and Recreation Department has posted by general
policy, those facilities that have accommodated youth
sports activities and events against the bringing in of
glass containers and consumption of alcoholic beverages.
V
It was the feeling of Parks and Recreation staff and the
Commission that we needed more teeth in the policy, so it
could rightfully be enforced.
By making it into an ordinance, we now get the kind of
j enforcement needed at various facilities that primarily
accommodate youth sports activities and events. Plus, it
gives us the latitude, where and when needed, to post other
facilities that should be posted due to youth involvement
or specific event(s) that would not lend itself to glass
bottles, containers, and/or consumption of alcohol.
Following discussion with questions being directed to
staff, the City Council by unanimous vote, on motion of
Mayor Pro Tempore Pennino, Hinchman second, introduced
Ordinance No. 1555 entitled, "An Ordinance of the City
Council of the City of Lodi Adding a New Section 12.12.045
Relating to the Posting of Certain Facilities to Prohibit
the utilization or Possession of Glass Bottles and Similar
Containers and/or Alcoholic Beverages".
CONTRACT AWARD FOR THE PURCHASE OF
A DIAL -A -RIDE STATION WAGON
RESOLUTION NO. 92-148
CC -12(d) The City Council was advised that funds were approved in
CC -300 the 1992/93 budget for the purchase of one (1) Chevrolet
station wagon for Dial -A -Ride.
32
V
Continued August 19, 1992
Specifications for this project were approved on August 5,
1992. The City received the following two (2) bids, opened
on August 18, 1992, for this project: -
Bidder Location Bid
Project Estimate $20,000.00
Chase Chevrolet Company, Inc. Stockton $20,560.42
Sanborn Chevrolet -Geo, Inc. Lodi $20,851.78
The low bidder, Chase Chevrolet Company, Inc., listed four
(4) exceptions to the specifications. Additionally noted
was that the vehicle that was bid was "at another dealer as
of August 17, 1992 and would be subject to availability at
time of awarding."
The second low bidder, Sanborn Chevrolet -Geo, Inc., listed
no exceptions to the specifications and included three (3)
options/upgrades (automatic leveling suspension, a 5.7
liter engine, and a trailering package). Furthermore, the
unit bid is listed as a vehicle "in stock". Since this
wagon replaces one that is out of service due to accident
damage, the need to expedite the replacement is critical to
the Dial -A -Ride Program.
In addition, it was suggested that the City Council should
consider the sales tax credit of one percent (it) of the
purchase price for purchasing from a Lodi business. In
this case, that amount is $193.52, reducing the difference
between bids received from $291.36 to $97.84.
Due to the four (4) exceptions, the additional
upgrades/options, the immediate availability of the
vehicle, and the one percent (1t) sales tax credit, staff
recommended purchasing this vehicle from Sanborn
Chevrolet -Geo, Inc.
On motion of Council Member Sieglock, Pinkerton second, the
City Council adopted Resolution No. 92-148 awarding the
contract for the purchase of a Dial -A -Ride Station Wagon to
Sanborn Chevrolet -Geo., Inc. in the amount of $20,851.78.
VOTING DELEGATE AND ALTERNATE SELECTED FOR
ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
CC -7(i) On motion of Council Member Snider, Hinchman second, the
City Council selected Mayor Pinkerton as the Voting
Delegate and Mayor Pro Tempore Pennino as the Voting
Alternate for the Annual League of California Cities
Conference to be held in Los Angeles October 10 - 13, 1992.
ORDINANCES There were no ordinances presented for adoption.
33
Continued August 19, 1992
.t
i
CLOSED SESSION
CC -200(c) At approximately 11:15 p.m., the City Council adjourned to
CC -200(d) a Closed Session regarding the following matters:
1. Litigation - Davenport v. City of Lodi,
United States District Court, Case No. CIV.
No. S-89-0861 MLS; and
2. Property Acquisition - 212 West Pine Street.
The City Council reconvened at approximately 11:59 p.m. and
authorized the City Manager and City Clerk to execute on
behalf of the City of Lodi a lease agreement for property
at 212 West Pine Street, Lodi.
ADJOURNMENT There being no further business to come before the City
Council, the meeting was adjourned at approximately 12
midnight.
ATTEST:
Alice M. Rei the
City Clerk
34