HomeMy WebLinkAboutMinutes - June 19, 1991202
ROLL CALL
INVOCATION
PLEDGE OF
ALLEGIANCE
PRESENTATIONS
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 19, 1991
(ADJOURNED TO THURSDAY, JUNE 20, 1991)
7:30 P.M.
Present: Council Members
Sieglock, Snider
Hinchman (Mayor)
- Pennino, Pinkerton,
(arrived 9:25 p.m.), and
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
The invocation was given by Pastor Jim Berner, Redeemer
Lutheran Church.
The Pledge of Allegiance was led by Mayor Hinchman.
There were no presentations, awards or proclamations
presented at this meeting.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Mayor Pro Tempore Pinkerton,
Sieglock second, approved the following items hereinafter
set forth.
Agenda items #E-11 entitled, "Concession contract with
Boosters of Boys/Girls Sports Organization for use of the
Softball Complex and Armory Park facilities," was removed
from the agenda.
Agenda item #E-13 entitled, "Service Authority for Freeway
Emergencies (SAFE) Program," was moved to Regular Calendar.
Council Member Pennino abstained from discussion and voting
on agenda item E-14, entitled, "Agreement required for
replacement of surety firm underwriting the Performance
Bond pursuant to interconnection agreement between PG&E and
Northern California Power Agency" because of a possible
conflict of interest.
CLAIMS CC -21(a) Claims were approved in the amount of $1,476,908.23.
MINUTES The Minutes of May 15, 1991 (Regular Meeting) and May 28,
1991 (Adjourned Regular Meeting) were approved as written.
1
Continued June 20, 1991 203
DESTRUCTION OF RECORDS
RETAINED BY CITY CLERK'S OFFICE
RESOLUTION NO. 91-104
CC -6 The City Council adopted Resolution No. 91-104 approving
CC -300 destruction of certain files retained by the City Clerk's
office.
Section 34090 of the State of California Government Code
provides for the destruction of certain City records that
are over two years old and are no longer required with the
approval of the legislative body by resolution and the
written consent of the City Attorney.
The City Attorney has given his written consent to destroy
the subject files.
SEASON PARKING PASSES FOR
LODI LAKE PARK, 1301 WEST
TURNER ROAD APPROVED
RESOLUTION NO. 91-105
CC -56 The City Council adopted Resolution No. 91-105 adopting a
CC -300 seasonal parking pass for Lodi Lake Park - $35.00 for
non-residents and $25.00 for residents.
The Parks and Recreation Department has received numerous
requests for a seasonal parking pass to Lodi Lake. In
responding to these requests, a survey was conducted of
other areas and it was determined that a seasonal pass was
provided in all areas surveyed. The Parks and Recreation
Commission, in its June 4, 1991 meeting, reviewed these
various fee schedules and voted 3-1 to initiate a seasonal
pass for Lodi Lake Park. The recommended rate was $35.00
for non-residents and $25.00 for residents. The dissenting
vote, cast by Bob Johnson, was due primarily to his wanting
the seasonal pass to go for a higher fee. The Commission
heard a proposal by Parks Superintendent Scott Essin to
create a $15.00 pass for handicapped. The lower fee for
handicapped was rejected as the Commission felt the $25.00
fee a fair break for all Lodi citizens who are frequent
users of the Park.
TRANSFER AND APPROPRIATIONS OF FUNDS
RESOLUTION NO. 91-106
CC -21(a) The City Council adopted Resolution No. 91-106 approving
CC -300 the year-end transfer and appropriations of funds.
The City Council was advised that a review of the 1990-91
fiscal year estimated revenues and appropriations indicates
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the City will have sufficient funds to transfer this amount
into standing reserve funds. This appropriation falls
within the City's expenditure limits for the 1990-91 fiscal
year.
SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR PURCHASE OF 15 -KV
CONCENTRIC NEUTRAL CABLE
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 30,000 feet of
#2 Aluminum, 15-kv, concentric neutral, jacketed cable.
This high voltage cable will be used in the installation of
electric distribution systems in subdivisions and other
developments expected to be under construction in late 1991
and early 1992. Due to lead time of 30+ weeks, from
placement of order, it is necessary to bid and purchase
this material at this time to meet the anticipated
construction period.
The bid opening has been set for Tuesday, July 23, 1991.
SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR PURCHASE OF POLE -MOUNTED
TRANSFORMERS APPROVED
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 14 circuit
protected and 11 conventional pole -mounted transformers of
various ratings.
The transformers will be installed as replacement for
PCB -contaminated units and will replenish the Department's
inventory.
The bid opening has been set for Tuesday, July 23, 1991.
SPECIFICATIONS APPROVED FOR
PAD -MOUNTED TRANSFORMERS
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 38 single-phase
and 2 three-phase padmounted transformers of various
ratings.
The transformers will primarily be used in the installation
of electric distribution systems in subdivisions expected
to be under construction in late 1991 and early 1992. Due
to lead time of approximately 25 weeks, from placement of
order, it is necessary to bid and purchase this material at
this time to meet the anticipated construction period. Two
of the transformers are for replenishment of the
Department's inventory.
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Continued June 20, 1991 205
The bid opening has been set for Tuesday, July 23, 1991.
SPECIFICATIONS APPROVED FOR
CLASS 3 WOOD UTILITY POLES
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 123 Class 3 Wood
Utility Poles.
These poles are needed in conjunction with the wood pole
testing contract awarded by the City Council on May 15,
1991.
Poles in five lengths are included in this bid:
Length Quantity
35 -foot
10
45 -foot
60
50 -foot
36
55 -foot
10
65 -foot
7
Total
123
The bid opening has been set for Tuesday, July 9, 1991.
AWARD OF BID FOR PURCHASE
OF WATTHOUR METERS
RESOLUTION NO. 91-107
CC -12(d) The City Council adopted Resolution No. 91-107 awarding the
CC -47 bid for the purchase of 672 watthour meters to the low
CC -300 bidder, Maydwell & Hartzell, Inc., of Brisbane, California.
The purchase price is $20,661.68.
The City Council was advised that on May 15, 1991, the City
Council authorized advertisement for bids for 672 watthour
meters. Four bids were received, and opened on June 4,
1991.
Bidder Amount
Maydwell & Hartzell, Brisbane $20,661.68
Westinghouse, Electric, Concord 21,234.23
GE Supply, Martinez 22,543.92
Ace Supply Co., Emeryville 29,944.05
The meters will be purchased to maintain an inventory for
installation at new developments, and for replacement of
obsolete and deteriorated meters located during meter
testing.
4
2U6
Continued June 20, 1991
ITEM REMOVED FROM AGENDA
AGENDA ITEM #E-11 - "CONCESSION
CONTRACT WITH BOOSTERS OF BOYS/GIRLS
SPORTS ORGANIZATION FOR USE OF THE
SOFTBALL COMPLEX AND ARMORY PARK
FACILITIES" WAS REMOVED FROM AGENDA
STATE -LOCAL ENTITY MASTER AGREEMENT
FOR STATE -LOCAL PARTNERSHIP PROGRAM
AND PROGRAM SUPPLEMENTS TO STREET
IMPROVEMENT AGREEMENTS FOR MILLS AVENUE,
LODI AVENUE TO ELM STREET, AND SACRAMENTO
STREET, LOCKEFORD STREET TO TURNER
ROAD APPROVED
RESOLUTION NO. 91-108
CC -7(f) The City Council adopted Resolution No. 91-108 approving
CC -300 the State -Local Entity Master Agreement No. SLTPP-5154 for
State -Local Partnership Program and Program Supplement Nos.
001 and 002 covering street improvements to Mills Avenue,
Lodi Avenue to Elm Street and Sacramento Street, Lockeford
Street to Turner Road, respectively, and authorized the
City Manager and City Clerk to execute the Agreements on
behalf of the City.
The Master Agreement covers the use of the State -Local
Partnership Program Funds as provided by Section 2600 et
seq. of the Streets and Highway Code for eligible City
projects. Under this program, the City could receive up to
50% of the construction engineering and contingency costs
of a project; however, the State computes a pro rata share
of the funds available so that each eligible project will
receive the same ratio of State share funding. The share
will vary from year to year depending on the number of
eligible projects submitted by local agencies. The City
will be using these funds on three projects this year. The
program supplements being approved with the Master
Agreement cover two of these projects. The State share
funds for Sacramento Street amount to $51,253 and for Mills
Avenue $18,202. This is approximately 20.25% of the total
contract. The State has very specific requirements
regarding what local agencies use as matching funds. The
City will be using TDA Funds for these State -Local
Partnership Program projects. The TDA Funds are an
allowable matching fund.
Continued June 20, 1991 207
AGREEMENT REQUIRED FOR REPLACEMENT
OF SURETY FIRM UNDERWRITING THE
PERFORMANCE BOND PURSUANT TO
INTERCONNECTION AGREEMENT BETWEEN
PG&E AND NORTHERN CALIFORNIA POWER AGENCY
RESOLUTION NO. 91-110
COUNCIL MEMBER PENNINO ABSTAINED FROM DISCUSSION AND VOTING
ON THIS AGENDA ITEM
CC -7(j) The City Council adopted Resolution No. 91-110 approving
CC -300 "General Agreement of Indemnity" and "Bill Guaranty Bond"
to Pacific Gas & Electric Company and authorized the City
Manager and City Clerk to execute the agreements in the
form requested by NCPA.
The motion carried by the following vote:
Ayes:
Council
Members
- Pinkerton, Sieglock, and
Hinchman
Noes:
Council
Members
- None
Absent:
Council
Members
- Snider
Abstain:
Council
Members
- Pennino
The City Council was informed that NCPA has requested
execution of the subject documents to reflect the fact that
the Firemen's Insurance Company issue the bond at a reduced
fee providing the same level of bonding formerly available.
The Performance Bond required under the NCPA
Interconnection Agreement with the Pacific Gas & Electric
Company was reduced from a $25 million bond to a
$12,500,000 bond. In the past, two companies had each
provided half of the required bond.
The Firemen's Insurance Company has agreed to provide the
bond for a fee of $62,500. This represents a $25,000
savings from the fee charged by the two former companies
providing the same level of bonding.
However, each time the bonding company is changed, NCPA is
required to obtain new documentation from each
Interconnected member. This documentation is substantially
the same as that required in the past and has been reviewed
by the NCPA General Counsel.
Expeditious handling of this matter will help ensure our
ability to maintain the bond in compliance with the
provisions of the Interconnection Agreement.
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2 08
J Continued June 20, 1991
CONTRACT CHANGE ORDER -
WHITE SLOUGH WATER POLLUTION
CONTROL FACILITY CAPACITY
EXPANSION IMPROVEMENTS,
12751 NORTH THORNTON ROAD
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 staff inform the City Council of all change
orders in excess of $25,000. Contract Change Order #4,
approved by the City Manager, was in the amount of $80,215
which is .83% of the contract. This Change Order includes
modifications to the Headwork's influent distribution box,
the Headwork's Building, the Chlorine Building, and the
Control Building; replacement of galvanized grit hopper
with a stainless steel grit hopper; rerouting of the
electrical duct work; and other miscellaneous work. A
summary of the description of work was presented for City
Council review. The time of completion was not affected by
this Change Order.
One item listed on the Change Order was caused by an error
on the Engineers' part and they have agreed to reimburse
the City $11,243.
The total cost of all change orders to date including
Change Order #4, is $269,225 or 2.8% of the contract. The
original contract price was $9,681,218. The contract price
including change orders is $9,950,443.
KETTLEMAN LANE (STATE HIGHWAY 12)
AND HUTCHINS STREET TRAFFIC STUDY
PROGRESS REPORT
CC -48(a) The City Council was advised that as requested by City
Council at the April 17 meeting, the Public Works staff has
met with ARCO and Caltrans representatives regarding the
installation of medians at the intersection of Kettleman
Lane (State Highway 12) and Hutchins Street.
The City proposal was to install a painted median with
raised "bumpers" adjacent to the intersection. Caltrans
would only approve a standard raised median and wanted it
installed from Crescent Avenue to Pleasant Avenue. This
would be a major project and staff recommended that a
decision be deferred until a complete study of Kettleman
Lane is done next year.
The major concern ARCO representatives have with a raised
median on Hutchins Street is whether their fuel trucks will
be able to access the underground tanks in a manner that is
consistent with safe fuel unloading procedures. Staff is
Continued June 20, 1991
209
reviewing their on-site plan and will be working with ARCO
staff on resolving this issue.
ARCO is attempting to acquire an access easement north of
their existing driveway in order to widen the driveway,
allow better fuel truck access from the north, and allow
more on-site vehicle stacking. Staff will monitor ARCO's
progress on this item.
ARCO also indicated that signs and markings can be
installed on-site to control access and improve
circulation; although past experience has indicated that
all drivers do not obey these markings. Staff agrees that
these unenforceable markings will have little effect on
movement through the lot, although they may help direct
drivers and if ARCO is willing to install them, that is
fine.
Earlier, the Police Department requested a minor addition
of red curb on Kettleman Lane between the ARCO driveways.
This would assist in enforcement relating to vehicles
stopped on Kettleman Lane waiting to enter the station.
With Council direction, staff will pursue the necessary
Caltrans approval.
MOKELUMNE RIVER WATER
QUALITY MONITORING STUDY
CC -6 The City Council accepted the Final Report on Monitoring of
the Mokelumne River and approved future monitoring as
described below:
The Mokelumne River is one of three major sources of
recharge to Lodi's groundwater system; therefore, it's
water quality is of interest to the City. The City Council
requested a study to determine what water quality
monitoring of the Mokelumne River would be beneficial. In
September 1990 Brown and Caldwell Consulting Engineers were
retained to do a monitoring study.
The final report summarizes water quality in the Mokelumne
River from existing East Bay Municipal Utility District
(EBMUD) and a U.S. Geological Survey (USGS) data. The
conclusion of this study is that there is "no apparent need
to monitor the Mokelumne River ... with the possible
exception of trihalomethane formation potential (THMFP)".
The Public Works Department, therefore, recommended that
the City collect future monitoring data from existing EBMUD
and USGS sources. Staff also recommended that the City
conduct only two rounds of THMFP monitoring and then
evaluate the results to determine if more should be done.
9
210
Continued June 20, 1991
ACCEPTANCE OF IMPROVEMENTS
UNDER ZUPO FIELD BACKSTOP AND
FENCING, 350 NORTH WASHINGTON
STREET, CONTRACT
CC -90 The City Council accepted the improvements under the "Zupo
Field Backstop and Fencing" contract, and directed the
Public Works Director to file a Notice of Completion with
the County Recorder's office.
The contract was awarded to Scrimsher and Mineni
Construction of Modesto on January 2, 1991 in the amount of
$35,921.39. The contract has been completed in substantial
conformance with the plans and specifications approved by
the City Council.
The contract completion date was July 8, 1991, and the
actual completion date was June 10, 1991. The final
contract price was $43,897.23. The difference between the
contract amount and the final contract price is mainly due
to a redesign of the backstop to reduce the size of the
posts.
ACCEPTANCE OF IMPROVEMENTS AT
ALMONDWOOD PACE, TRACT NO. 2410
BOUNDED BY 420 EAST ALMOND DRIVE
ON THE WEST AND 452 EAST ALMOND DRIVE
ON THE EAST
RESOLUTION NO. 91-111
CC -46 The City Council adopted Resolution No. 91-111 accepting
CC -300 the subdivision improvements included in Almondwood Place,
as filed on September 12, 1990, in Volume 30, Page 67, Book
of Maps and Plats, San Joaquin County Records.
Improvements in Almondwood Place have been completed in
substantial conformance with the requirements of the
Subdivision Agreement between the City of Lodi and
Almondwood Place Joint Venture dated September 5, 1990, and
as specifically set forth in the plans and specifications
approved by the City Council.
The streets to be accepted are as follows:
STREETS LENGTH IN MILES
Almond Drive 0.00
TOTAL NEW MILES OF CITY STREETS 0.00
E
Continued June 20, 1991 2 1
FEDERALLY MANDATED RETIREMENT
SYSTEM FOR PART-TIME EMPLOYEES
RESOLUTION NO. 91-112
CC -34 The City Council adopted Resolution No. 91-112 directing
CC -300 the City Manager to explore and select a qualified
retirement program for all employees not covered by Public
Employees Retirement System (PERS).
The federal government, as part of its budget balancing
measures last fall, mandated that all state and local
governmental employees must participate in a retirement
plan. If the local agency does not include part-time or
temporary employees in a plan, they must be enrolled in
Social Security.
Currently the City of Lodi is not required nor does it
enroll part-time employees in PERS. As a matter of fact,
the City's contract with PERS does not allow part-time
employees to be a member. There is legislation now being
proposed that would allow this, but there are drawbacks to
that method of meeting our requirements.
There are some other alternatives to meeting our
requirements other than Social Security. One option is a
program by Public Agency Retirement Systems (PARS) a joint
powers agency which will offer a program at significantly
less cost than Social Security. Another option is to
enroll our part-time employees in a deferred compensation
plan much like the one we offer our full-time employees.
All of the options are being explored and considered. We
believe there are cost effective alternatives to Social
Security. Of course, the best alternative will be one
which offers the employee a secured retirement plan and
provides the City with the most cost effective program
which meets the needs of the employee and the legislation.
We are bringing this to the attention of the City Council
to advise them of this legislative requirement and the
alternatives available.
Action must be taken by July 2, 1991. However, final
regulations have not been promulgated. Until these
regulations are issued, we do not know which alternative
would be the best.
The Internal Revenue Service (IRS) has issued interim
regulations. The regulations do give employers some
breathing room; they have until the end of 1992 to
retro -actively establish a retirement program. The
employer, however, must give indications that:
10
212
Continued June 20, 1991
It is reasonable to believe a qualified _
program will be established.
Affirmative steps be taken to support this
belief.
The program must be put into effect by the
end of 1992.
It must cover employees retro -actively to
July 2, 1991.
Beginning July 2, 1991 the City will begin deducting an
additional 6.2% from the salaries of part-time employees.
This is the amount necessary to cover the cost of the OASDI
portion of Social Security. If an alternate, less
expensive, plan is selected, the difference will be
refunded to the part-time employee.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
PRESENTATION MADE TO
ASSISTANT CITY MANAGER
A presentation was made to Assistant City Manager Glenn by
Council Member Pennino acknowledging with appreciation Mr.
Glenn's work on the City's budget.
COUNCIL MEMBER MEETS WITH
VARIOUS DEPARTMENT HEADS
Council Member Sieglock spoke about recent meetings he had
with a number of City Department Heads, Parks and
Recreation Director Ron Williamson, Chief of Police Floyd
Williams, and Finance Director Robert Holm and expressed
his appreciation in being able to learn more about each of
these departments.
COMMUNITY URGED TO ATTEND
"CELEBRATE AMERICA"
Mayor Pro Tempore Pinkerton invited the citizens of this
community to join in the "Celebrate America" celebration
being held from 6:30 p.m. to 8:30 p.m., July 3, 1991 at
Hutchins Street Square. Mayor Pro Tempore Pinkerton
challenged all veterans to put on their uniforms and attend.
11
Continued June 20, 1991 213
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:
ANNUAL BOAT RACES AND FOURTH
OF JULY HOLIDAY EVENTS ANNOUNCED
Parks and Recreation Director Ron Williamson invited the
community to attend the boat races being held at Lodi Lake
June 29 and 30, 1991. Mr. Williamson also invited the
community to a full day of activities being held at Lodi
Lake Park on the 4th of July.
PUBLIC HEARINGS No public hearings were scheduled for this meeting.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
June 19, 1991:
CC -35 The Planning Commission
The following actions were taken at the last regular
Planning Commission meeting of June 10, 1991.
a. Conditionally approved the request of Marlon DeGrandmont
for a Use Permit to place two pool tables in an existing
cafe business at 1321 Lakewood Mall in an area zoned C -S,
Commercial Shopping.
b. Conditionally approved the request of Dillon Engineering on
behalf of D and D Properties and Pacific Coast Producers
for a Tentative Parcel Map to create two lots from one lot
at 811 North Cluff Avenue (APN 049-040-02) in an area zoned
M-2, Heavy Industrial.
C. Conditionally approved the request of Del G. Smith on
behalf of Wine and Roses Country Inn for a Tentative Parcel
Map to realign the parcels at 2505 and 2525 West Turner
Road (APN's 015-230-05, 20, 21 and 24) in an area zoned
C-1, Neighborhood Commercial.
d. Accepted withdrawal of the request of Anthony Canton for a
Tentative Parcel Map to create two lots from one lot at 208
East Oak Street (APN 043-064-02) in an area zoned R-1*,
Single -Family Residential - Eastside.
e. Conditionally approved the request of Steven Pechin,
Baumbach and Piazza, Inc. on behalf of Charles Wentland for
approval of a 1 -lot office condominium at 801 South Ham
Lane (APN 033-040-08) in an area zoned R -C -P,
Residential -Commercial -Professional.
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214
L Continued June 20, 1991
f. Accepted withdrawal of the request of Jim Thorpe Oil, Inc.
for a Use Permit to install a temporary security trailer at
807 Black Diamond Way in an area zoned M-2, Heavy
Industrial.
g- Approved the request of Industrial Way Developers for a Use
Permit to construct a 1260 square foot living unit for a
residence manager in existing Building 2 of the proposed AA
Mini -Storage at 1025 Industrial Way in an area zoned M-1,
Light Industrial.
h. Heard a presentation from Dave Cooper, Central Valley
Cinemas, Inc. concerning the proposed renovation of the
Sunset Theater into three theaters and indicated that the
developers should have additional traffic data and
neighborhood input.
COMMUNICATIONS
(CITY CLERK)
ALCOHOLIC BEVERAGE CONTROL
LICENSE APPLICATIONS
CC -7(f) City Clerk Reimche presented the City Council with the
following applications received for Alcoholic Beverage
Control licenses:
a) Chow, Feng T., Brother House, 429 West
Lockeford Street, Lodi, On Sale Beer and
Wine Eating Place, Original License
b) Singh, Jyoti S. and Satbir K., Aldee Market,
216 North Cherokee Lane, Off Sale Beer and
Wine, Person to Person Transfer
APPOINTMENTS AND REAPPOINTMENTS
TO VARIOUS CITY OF LODI BOARDS
AND COMMISSIONS
CC -2(a) On motion of Council Member Snider, Sieglock, the City
CC -2(d) Council concurred with the following Mayors appointments
CC -2(g) and reappointments to various City of Lodi Boards and
CC -2(i) Commissions:
CC -2(k)
CC -2(k)
APPOINTMENTS
Lodi Arts Commission
Pamela Van Fleet three-year term expiring July 1, 1994
appointment to become effective July 1, 1991
13
Continued June 20, 1991b
Lodi Senior Citizens Commission
Terry Whitmire four-year term expiring December 31,
1991
Library Board of Trustees
Milton Bergantz
Leonard A. Humphreys
Lodi Arts Commission
Don Levy
Raquel Thompson
Kathleen Manwaring
Reverend Harmon D. Skillin
Planning Commission
Susan Hitchcock
Roger Stafford
San Joaquin Commission on Aging
Dorance Ochs
REAPPOINTMENTS
three-year term expiring June 30, 1994
three-year term expiring June 30, 1994
three-year term expiring July 1, 1994
three-year term expiring July 1, 1994
three-year term expiring July 1, 1994
three-year term expiring July 1, 1994
four-year term expiring June 30, 1995
four-year term expiring June 30, 1995
three-year term expiring June 30, 1994
Site Plan and Architectural Review Committee
Michael Locke
REGULAR CALENDAR
four-year term expiring June 30, 1995
A question was raised as to the legality of the Lodi Public
Library retaining bequeathed certificates of stock.
AUTHORITY FOR FREEWAY EMERGENCIES
(SAFE) PROGRAM APPROVED
RESOLUTION NO. 91-109
,. 4d Cal The City Council was advised that the Sacramento Area
l Council of Governments (SACOG) has requested that the
�� County of San Joaquin join forces with six other counties
- in implementing a regional Service Authority Freeway
Emergencies program. The other counties are Sacramento,
Sutter, Yolo, Yuba, Placer and El Dorado. The City Council
reviewed this topic at its "Shirtsleeve" session of April
16, 1991. At that time Council Member Pennino requested
more detailed information on the various cost components of
this program.
14
�:16
I,:-'' Continued June 20, 1991
The SAFE program provides for the installation of call
boxes on interstate highways and state routes within
designated areas. A number of counties in California have
the program already in place with boxes installed. Funding
is provided through a $1 increase in vehicle registration
fees in the area where the service is provided. The call
boxes can be used to report accidents or other road
emergencies that may create safety hazards. The boxes
provide for two-way communication between the caller and
the California Highway Patrol.
Ms. Nancy Miller, Associate Planner for the San Joaquin
County Council of Governments (COG), addressed the Council
regarding the matter and responded to questions regarding
the subject as were posed the members of the City Council.
Questions were posed regarding the proposed funding which
would be provided through a $1.00 increase in vehicle
registration fees in the area where the service is provided
and the fees appropriated to the costs of the project.
Following additional discussion, on motion of Council
Member Pennino, Pinkerton second, the City Council adopted
Resolution No. 91-109 approving in concept the Freeway
Emergencies (SAFE) Program. Staff was asked to monitor
this proposed program and report back to the Council on its
findings.
AMBULANCE RATE SCHEDULE
ADJUSTMENTS
RESOLUTION NO. 91-113
CC -22(d) The City Council was advised that the City Code provides
CC -300 that the City Council "reserves the right to finally
determine and fix by resolution, the rates to be charged by
the operator of the ambulance service." Mr. Michael N.
Nilssen, owner -operator of Lodi Ambulance Service, has, in
accordance with the provisions of the City Code, filed with
the City a request to amend the ambulance rates charged in
the City of Lodi. A copy of the requested new rate
schedule was presented for Council review. Also presented
was a copy of an order of the County Board of Supervisors
and an accompanying Board resolution establishing the
County ceiling for ambulance rates. The request of Lodi
Ambulance Service is in accordance with the new ceiling.
The rate for Basic Life Support (non -emergency calls such
as transferring a patient from one hospital to another)
would increase by approximately 12%. The Basic Life
Support rate for emergency calls would increase by
approximately 35%. The current Basic Life Support rate
includes the emergency rate, and according to data gathered
by the County of San Joaquin's Emergency Medical Services
15
Continued June 20, 1991
217
Agency, this was not sufficient to cover costs. The
Advance Life Support rate would also be increased by
approximately 12%. This charge is made when medical
treatment is required during the transportation to the
hospital of a seriously ill or injured person. The other
rates would be increased as follows: Night Call, 10%;
Oxygen, 12%; and Mileage, 11%. The new rates would be
effective the day following City Council action. The
rate ceilings established by the Board of Supervisors are
based on a number of factors. These include data gathered
in a State-wide survey of fees in other areas; an analysis
of Medicare reimbursement rates; the ambulance company's
financial statements; and an internal audit of each
company's operating procedures, pay scales, equipment, and
other factors.
All of the other ambulance companies in the County have
filed requests with the Board of Supervisors to implement
the same new rate schedule at the ceiling established by
the Board. The City of Lodi is the only City in the County
which requires City Council review and approval of
ambulance rate schedules. The ambulance company has
requested that the City of Lodi consider transferring this
authority to the County and this matter will be the subject
of a "Shirtsleeve" meeting this fall. Staff has no problem
with this request.
LIFE MEDICAL INDUSTRIES, INC.
PROPOSED RATES EXISTING RATES
(to be implemented 06-21-91) (06 -01 -90)
---------------------------- --------------
ALS Base Rate $470.00 $420.00
BLS Base Rate $265.00 $236.00
Emergency $ 55.00 -
Night $ 55.00 $ 50.00
Oxygen $ 37.00 $ 33.00
Mileage $ 10.00 $ 9.00
Mr. Lewis Meyer of Life Medical Industries, Inc., addressed
the City Council regarding the matter and responded to
questions as were posed by the City Council.
16
2 1 S Continued June 20, 1991
Following a lengthy discussion, on motion of Mayor
Hinchman, Pennino second, the City Council by the following
vote adopted Resolution No. 91-113 amending the rate
schedule for ambulance service in the City of Lodi as
outlined.
Ayes: Council Members - Pennino, Pinkerton, and Hinchman
(Mayor) ;r
Noes: Counci 1 Members - 3a-egleE
Absent: Council Members - Snider
Prior to future rate reviews by the City Council, staff was
directed to join with the County in reviewing the ambulance
company's financial statements.
HAROLD DIXON FLYNN APPOINTED
CITY TREASURER
RESOLUTION NO. 91-114
CC -6 City Manager Peterson advised the City Council that since
CC -21(a) the adoption of the Council -Manager form of government in
CC -34 the City of Lodi in 1948, the person holding the position
CC -300 of Finance Director has also held the City Council
appointed position of City Treasurer. The Treasurer post
is a constitutional position required by Government Code
Section 36501.
As the City Council is aware, Mr. H. Dixon Flynn has been
appointed the City's new Finance Director to replace Mr.
Robert H. Holm. Mr. Flynn's starting date is June 24,
1991. Mr. Holm's last day on the job will be July 5, 1991,
and he will continue to hold the Treasurer position through
that date. The City Manager respectfully requested that
the City Council appoint Mr. Flynn to the position of City
Treasurer, at no compensation, effective July 6, 1991. The
City Council has previously reviewed Mr. Flynn's resume.
He brings to the position a sound background in treasury
management and is well qualified for this appointment.
On motion of Mayor Pro Tempore Pinkerton, Pennino second,
the City Council adopted Resolution No. 91-114 appointing
Harold Dixon Flynn to the position of City Treasurer of the
City of Lodi.
17
Continued June 20, 1991 219
APPOINTMENT OF CITY OF LODI
REPRESENTATIVE TO COUNCIL OF
GOVERNMENTS (COG) CITIZENS'
ADVISORY COMMITTEE
RESOLUTION NO. 91-115
CC -2(a) City Manager Peterson apprised the City Council that the
CC -7(n) passage by the voters last November of Measure K provided
CC -300 for the establishment of a Local Transportation Authority.
By action of the various local governmental agencies in the
County of San Joaquin, COG has been so designated. Thus
the COG Board of Directors serves as the Local
Transportation Authority responsible for the implementation
of the Local Transportation Improvement Plan. The
Authority receives advice from, among other groups and
committees, a Citizens' Advisory Committee. Each city in
the County has been asked to appoint a representative to
the committee.
On recommendation of Council Member Pennino, the City's
representative on the COG Board of Directors, Mayor
Hinchman requested City Council concurrence in the
appointment of Mr. John Schmidt as the City of Lodi's
representative to the Citizens' Advisory Committee. A copy
of Mr. Schmidt's application was forwarded to each Council
Member.
The City Council on motion of Council Member Pennino,
Hinchman second, adopted Resolution No. 91-115 concurring
in the appointment of Mr. John Schmidt as the City of
Lodi's representative to the Council of Governments (COG)
Citizens' Advisory Committee.
PURCHASE AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT CANDY
CANE PARK, 1324 HOLLY DRIVE,
BY SOROPTIMIST INTERNATIONAL OF LODI
CC -27(c) The City Council was apprised by Parks and Recreation
Director Williamson that some time ago he spoke to the
Soroptimist Club of Lodi at their luncheon meeting. He
indicated the variety of projects local groups were doing
to assist the City and meet their service obligation to
their international program and the citizens of Lodi. Mr.
Williamson indicated that in the mid -1951's, the
Soroptimist Club had installed playground equipment at
Candy Cane Park, that this equipment was in need of
replacement, and asked if the club would be interested in
pursuing this project. Shortly after this engagement, he
was contacted by Alice Reimche, incoming president of
Soroptimist, who very much wanted more information and
dollar figures to accomplish this project. Estimate
included type of equipment to be installed and installation
220 Continued June 20, 1991
costs. The project was approved by the Soroptimist's Board
of Directors with plans for a two or three year payback.
Mrs. Reimche spoke at the City of Lodi Parks and Recreation
Commission Meeting in June. The Soroptimist proposal was
warmly accepted and backed 100% by the commission. The
project was discussed, the loan agreement considered, and
the commission moved to recommend that the concept and
request go to the City Council.
The City has had a lot of success doing projects with
service clubs in this manner, and support the commission
and staff's position in moving this project along to
install badly needed new group playground equipment in this
park.
Addressing the City Council regarding the matter was
Soroptimist International of Lodi President -Elect Alice
Reimche.
Following discussion, on motion of Mayor Pro Tempore
Pinkerton, Pennino second, the City Council approved the
purchase and installation of New Miracle Group Playground
Equipment at Candy Cane Park by the Soroptimist
International of Lodi, allowing a loan of $8,000 to the
service club with annual paybacks (up to three years) by
agreement.
INTRODUCTION OF AN UNCODIFIED
ORDINANCE ADOPTING A REVISED
SCHEDULE OF RATES AND CHARGES FOR
WATER SERVICE AND REPEALING
ORDINANCE NO. 1448
ORDINANCE NO. 1514 INTRODUCED
CC -6 The City Council was advised that the costs associated with
CC -56 providing water service in 1991-92 are $116,490 more than
CC -149 budgeted for in 1990-91. A recommended increase would
CC -183(e) provide approximately $120,000 additional revenue in
1991-92 fiscal year. The City Council was further advised
that water rates were last adjusted in March 1989.
Following discussion with questions being directed to
staff, the City Council, on motion of Mayor Pro Tempore
Pinkerton, Sieglock second, introduced an uncodified
ordinance, Ordinance No. 1514 entitled, "An Uncodified
Ordinance of the Lodi City Council Adopting a Revised
Schedule of Rates and Charges for Water Service and
Repealing Ordinance No. 1448".
19
Continued June 20, 1991
e=
The motion carried by the following vote:
Ayes:
Council
Members
- Pennino, Pinkerton, Sieglock,
and Hinchman (Mayor)
Noes:
Council
Members
- None
Abstain:
Council
Members
- None
Absent:
Council
Members
- Snider
INTRODUCTION OF AN ORDINANCE
IMPOSING A THREE PERCENT SURCHARGE
ON THE CITY'S TRANSIENT OCCUPANCY TAX
ORDINANCE NO. 1515
CC -56 The City Council was advised by City Attorney McNatt that
CC -149 as part of the City's ongoing evaluation and update of
CC -177 revenue sources, the possibility of increasing the City's
Transient Occupancy Tax (TOT) has been discussed. For that
purpose, a draft ordinance had been prepared and presented
for Council review which increases the TOT from six to nine
percent.
It will be noted that the ordinance is drafted in an
unusual fashion, leaving intact the existing ordinance
which sets the TOT at six percent, and simply adding a
surcharge of an additional three percent by way of the new
section of the Municipal Code. It was done in this manner
because there may be some risk involved in the proposed
action.
As the Council may recall, the voters in 1986 approved
Proposition 62 (codified as Government Code Sections 53720
through 53730), a measure requiring two-thirds majority
voter approval to impose any new special or general tax.
In a case called Rider v'CountX of San Diego (1990) 272
Cal.Rptr. 857, the ourth District Court of Appeal held
that Proposition 62 conflicted with California Constitution
Article II, Sections 9 and 11, which in essence say that
the voters power of referendum does not apply to matters of
tax levies or appropriations for usual current
expenses of the (city)." The Rider court viewed
Proposition 62 as a referendum on taxes.
Other courts have also invalidated parts of Proposition 62
(e.g., City of Westminster v. CountX of Orange (1988) 251
Cal.Rptr. 51 leading some to believe the measure is
dead. However, the California Supreme Court has agreed to
review the Rider case and it is at least possible that it
could reverse the District Court of Appeal.
20
222 Continued June 20, 1991
In spite of that, a round table discussion at the May 1991
City Attorney's conference shows many cities have chosen to
take the risk and increase TOT or other similar revenues on
the assumption that Proposition 62 will be declared invalid
by the State Supreme Court. If that assumption proves
wrong, a new TOT ordinance might be void. That is why the
draft ordinance attached is done in the fashion that it is.
If the City Council simply repealed the existing ordinance
imposing a six percent TOT (which ordinance predates
Proposition 62 and is thus "grandfathered") and replaced it
with an entirely new ordinance setting the TOT at nine
percent and then Proposition 62 is upheld, we might lose
the entire tax. Adding a three percent surcharge would
mean that all we risk if Proposition 62 is upheld, is the
amount set by the new ordinance. The existing six percent
ordinance would remain in place without risk.
Addressing the City Council regarding the matter was:
Evelyn Olson, 1306 Burgundy Drive, Lodi (Mrs. Olson
indicated that she not only was representing the Lodi
District Chamber of Commerce but herself as a Lodi
businesswoman).
Following discussion, with questions being directed to
staff, the City Council on motion of Council Member
Pennino, Hinchman second, introduced Ordinance No. 1515
entitled, "An Ordinance of the Lodi City Council Amending -
Lodi Municipal Code Chapter 3.12 - 'Transient Occupancy
Tax', by Adding Thereto a New Subsection 3.12.035 Entitled
'Surcharge'" This ordinance will be in force and take
effect immediately upon its passage and approval. The City
Council asked that this be reviewed next year as to how the
3% is to be used.
The motion carried by the following vote:
Ayes:
Council
Members
- Pennino, Pinkerton, Sieglock,
and Hinchman (Mayor)
Noes:
Council
Members
- None
Abstain:
Council
Members
- None
Absent:
Council
Members
- Snider
21
Continued June 20, 1991 223,
TRAFFIC RESOLUTION AMENDED
REGARDING SPEED LIMITS ON ELM STREET,
LOCKEFORD STREET, MILLS AVENUE
BETWEEN CENTURY BOULEVARD AND
KETTLEMAN LANE, PINE STREET,
TOKAY STREET AND WOODHAVEN LANE
RESOLUTION NO. 91-116
CC -48(a) The City Council was advised that the Public Works staff
CC -300 has recently updated engineering and traffic studies for 14
streets. These studies are performed following State of
California Department of Transportation (Caltrans)
guidelines in accordance with California Vehicle Code
Section 40802. Based on the Vehicle Code Section 40802, in
order to use radar enforcement, it is necessary to conduct
engineering and traffic studies every five years on
"non -local" streets. "Non -local" streets are the collector
and arterial streets shown on the Federal Aid System Maps.
The engineering and traffic studies include measurement of
prevailing speeds by a radar survey, review of unexpected
conditions to the driver and accident data. The speed
limits for the 14 streets were previously adopted in July
1986.
There are eight streets that have no changes to existing
speed limits and do not need City Council approval. On
some of these streets, the number of accidents has
decreased from the previous surveys. On those streets, the
speed limit was reduced from the 85th percentile based on
accident data and/or unexpected conditions. Staff felt
this means that the existing speed limit is appropriate and
therefore is continuing to maintain the speed limit below
the 85th percentile. This occurred on four streets:
Church Street between Lockeford Street and Turner Road,
Central Avenue between Tokay Street and Railroad Avenue,
Holly Drive, and Rutledge Drive.
In the past, City Council has not approved the speed limit
based on the engineering and traffic survey on two
streets. These streets are Tokay Street between Lower
Sacramento Road and Ham Lane, and Mills Avenue between
Century Boulevard and Kettleman Lane. They are posted at
25 mph and are not radar enforceable. Past experience has
shown the 85th percentile speeds do not change even if the
speed zones increase. An example of this is on Church
Street between Kettleman Lane and Tokay Street. In 1986,
when the posted speed limit was 30 mph, the 85th percentile
speeds ranged between 35 and 37 mph. The current survey
shows the 85th percentile speeds ranging between 35 and 31
mph even though the posted speed limit is 35 mph.
On Tokay Street, the 85th percentile speeds have remained
the same every time it has been surveyed. In 1986, they
22
224/` Continued June 20, 1991
ranged from 33 to 38 mph; in 1989, they ranged from 34 to
41 mph; and now, they are between 34 and 39 mph. A
variation of 1 mph is normal given the relatively small
number of vehicles measured.
Similarly, on Mills Avenue, the 85th percentile speeds
remained the same since the previous survey.
Street - Segment
Central Avenue
Kettleman Lane - Tokay Street
Tokay Street - Railroad Avenue
Cherokee Lane
South City Limit - Poplar Street
Poplar Street - Vine Street
Vine Street - Victor Road
Victor Road - Pioneer Street
Church Street
Century Boulevard - Kettleman Lane
Kettleman Lane - Tokay Street
Tokay Street - Turner Road
Cluff Avenue
Lodi Avenue - Victor Road
Victor Road - Turner Road
Holly Drive
Mills Avenue - Ham Lane
Ham Lane - California Street
Hutchins Street
Harney Lane - Kettleman Lane
Kettleman Lane - Tokay Street
Tokay Street - Lockeford Street
Lockeford Street - Holly Drive
Lower Sacramento Road
South City Limit - Turner Road
Rutledge Drive
Table 1
23
Posted Speed Limit
30 mph
25 mph
45 mph
40 mph
35 mph
40 mph
30 mph
35 mph
30 mph
35 mph
40 mph
30 mph
30 mph
45 mph
35 mph
30 mph
25 mph
45 mph
30 mph
Continued June 20, 1991
Table 2
Street - Segment
Existing
Recommended
Elm Street
Lower Sacramento Road - Hutchins Street
35
35
Hutchins Street - Cherokee Lane
30
25
Lockeford Street
Mills Avenue - Church Street
35
35
Church Street - Cherokee Lane
35
30
Cherokee Lane - East City Limit
35
35
Mills Avenue
Century Boulevard - Kettleman Lane
25*
30
Pine Street
Ham Lane - Beckman Road
30
30
Beckman Road - Cluff Avenue
40
35
Cluff Avenue - East City Limit
40
40
Tokay Street
Lower Sacramento Road - Mills Avenue
25*
35
Mills Avenue - Ham Lane
25*
30
Ham Lane - Hutchins Street
30
30
Hutchins Street - Cherokee Lane
30
25
Woodhaven Lane
30
35
*Not radar enforceable
225
4-1
A lengthy discussion followed with questions regarding the
matter being directed to staff.
Council Member Pennino indicated that he would like to
defer action on the matter to allow time for citizens
public input.
Following additional discussion, on motion of Mayor Pro
Tempore Pinkerton, Sieglock second, the City Council
adopted Resolution No. 91-116 amending the Traffic
Resolution by approving speed limits on Elm Street,
Lockeford Street, Mills Avenue between Century Boulevard
and Kettleman Lane, Pine Street, Tokay Street, and
Woodhaven Lane.
The motion carried by the following vote:
Ayes: Council Members - Pinkerton, Sieglock, and
Hinchman (Mayor)
Noes: Council Members - Pennino
Abstain: Council Members - None
24
226
1 Continued June 20, 1991
Absent: Council Members - Snider
RECESS The Mayor declared a five-minute recess and the City
Council reconvened at approximately 9:15 p.m.
CHEROKEE LANE AT HALE ROAD,
"NO PARKING" ZONE
RESOLUTION NO. 91-117
The City Council was informed that as requested by City
l Council at the May 1, 1991 meeting, Public Works staff has
performed a sight distance analysis for "No Parking" zones
on the east side of Cherokee Lane adjacent to Hale Road.
With continual parking and an accident problem, the
analysis would indicate that 145' of "No Parking" south of
Hale Road and 40' of "No Parking" north of Hale Road would
be needed.
These "No Parking" zones will affect on -street parking at
three businesses along Cherokee Lane. North of Hale Road,
one of the six existing Cherokee Lane parking spaces in
front of the auto sales lot would be eliminated. South of
Hale Road, all four of the existing parking spaces in front
of the auto sales lot and adjacent three -unit office
building would be eliminated. Parking space for three cars
will remain on the Hale Road frontage of the auto sales
parcel.
The three -unit office building is the only of the affected
parcels with on-site parking. One on-site parking space
exists on this parcel. One of the three offices at this
building is vacant.
Available accident records from 1987 to the present
indicate that one of the 22 reported accidents at this
intersection may have been related to a sight obstruction,
although no mention was made in the accident report. This
1988 accident involved a driver making a left turn exiting
from Hale Road that did not see the approaching northbound
vehicle. Traffic volumes on Hale Road and Cherokee Lane
are 910 and 16,580 vehicles per day, respectively.
Discussion: Field observations made by staff indicate
that on -street parking demand along Hale Road is fairly
high apparently due to the apartment complex on the north
side of the street. On -street parking demand on Cherokee
Lane adjacent to Hale Road appears to be varied. Since
Council's recommendations at the May 1 meeting, on -street
parking appears to have decreased. To date, the Public
Works Department has received one formal complaint
regarding vehicles parking at this location.
25
Continued June 20, 1991
Due to the lack of on-site parking at the affected
businesses and the accident history at the intersection,
staff is reluctant to recommend the installation of these
"No Parking" zones at this time. However, Council may wish
to install a shorter "No Parking" zone. A shorter "No
Parking" zone immediately south of the crosswalk would
increase driver visibility of pedestrians using the
crosswalk and improve driver visibility when exiting from
Hale Road. Up to 20' of "No Parking" (one stall) can be
installed under the direction of the Public Works Director
without City Council approval.
FUNDING: If approved, funding for the "No Parking" zone to
be provided from the street maintenance account.
Marla Donovan, 827 Lloyd Street, Lodi addressed the City
Council regarding the matter and presented the following
letter which she had just received from the Lodi Unified
School District:
We are now preparing for the new 1991-92 school year
beginning Monday, July 1.
You have been reading and hearing about the budget problems
in the state and school district and how Heritage might
feel the results of the cut-backs.
Transportation is one area that Lodi Unified must cut-back
on. There will no longer be bus transportation to Heritage
School from the Blakely Park area for kindergarten
students, nor from the east side of Cherokee Lane, between
hale road and Delores Street, for K-6 students. These
changes will take effect on Monday, July 1.
If you have any questions regarding this transportation
change, you are invited to an informational meeting on
Thursday, June 13, 1991 at 7:00 p.m. in the Heritage School
library.
Duane Ostgaard
Principal
A lengthy discussion followed with two motions regarding
the matter being made and withdrawn.
On motion of Mayor Hinchman, Pennino second, the City
Council adopted Resolution No. 91-117 approving the
installation of a "No Parking" zone on the east side of
Cherokee Lane adjacent to Hale Road. Attached to the
original Resolution No. 91-117 is an exhibit depicting the
exact configuration of the "No Parking" zone approved by
the City Council (see copy of Exhibit as shown on the next
Page)•
26
ti
rA
rA*%CITY QF LODI
CHEROKEE LN / NAGE. RD
• PUBLIC WORKS DEPARTMENT NO PARKING Zp NE
AUTO SALE_.
I LE GEN D
NO PARKING ZONE
AIDOPTED BY
COUNCIL PER RES.
N0. 91-117
Is B.
V21/91
Continued June 20, 1991
229
CONTRACT AWARD FOR JANITORIAL
SERVICES FOR CITY FACILITIES
RESOLUTION NO. 91-118
CC -12(a) The City Council was advised that specifications for
CC -300 janitorial services were approved by the City Council on
June 5, 1991. Bids were opened on June 18, 1991 and four
bids were received:
Firm *Monthly Amount
Korean Building Maintenance $5,950.00
Stockton
Robert's Building Maintenance $9,815.68
Lodi
Associate Janitorial Service $15,070.19
Stockton
Orv's Janitorial Service **$525,740.00
*Monthly amount shown includes cost of cleaning Hutchins
Street Square Team Room (5 months only).
**Orv's Janitorial total written bid of $6,308,880.00 was
verbally corrected by the contractor at the bid opening
to $630,888.00.
Following discussion, on motion of Mayor Hinchman, Pennino
second, the City Council adopted Resolution No. 91-118
awarding the janitorial contract for various City
facilities to Korean Building Maintenance for $70,000.00
1991-92 APPROPRIATIONS SPENDING
LIMIT APPROVED
RESOLUTION NO. 91-119
CC -21(a) The subject of the 1991-92 appropriations spending limit
CC -300 was introduced by City Manager Peterson. Also addressing
the City Council regarding the matter and responding to
questions as were posed was Finance Director/Treasurer
Robert Holm.
It was recommended that the City Council provisionally set
the 1991-92 Appropriations Spending Limit at $33,441,797 as
calculated using:
1. The percentage increase in the California
Per Capita Income; and
230 Continued June 20, 1991
2. The greater of the percentage increase in
the City's own population growth or the
population growth of the entire San Joaquin
County.
These figures were supplied by the California Department of
Finance. The 1991-92 Appropriations Spending Limit may
require adjustment if the County Assessor's Office provides
data showing that percentage change in the local assessment
roll from the preceding year due to the addition of local
non-residential construction is greater than the percentage
increase in the California Per Capita Income. The County
does not have the ability to provide this information at
this time.
Article XIIIB of the California State Constitution
specifies that an annual Appropriations Spending Limit
shall be established to place limits on the amount of
revenue which can be spent by the City. In June, 1990,
Proposition 111 was passed which modified the earlier
Proposition 4 and the corresponding legislation regarding
calculation.
The current legislation has changed the annual growth
adjustment factors used in the calculation of the
Appropriations Spending Limit. The City Council must
choose between:
1. The population growth of the city; OR
2. The population growth within the County.
The recommendation of the Finance Department was to use the
percentage which will result in the highest Appropriations
Spending Limit. The population growth of the County is
higher in fiscal year 1991-92. The population growth of
the City was higher during fiscal years 1987-88 through
1990-91.
Currently, the County does not have the ability to provide
the data for the change in non-residential assessment.
Therefore, we have no choice but to use the California Per
Capita Income as part of the calculation. In future years,
the Council will also have to make a selection between
these two items.
In calculating the 1991-92 Appropriations Spending Limit,
the new growth factors were applied to the 1986-87
Appropriations Limit and each year thereafter. This did
not change the limits for these years but allowed the
accumulated growth in these years to be applied to the
current year.
29
Continued June 20, 1991
pi
Discussion followed with questions being directed to
Staff. On motion of Mayor Pro Tempore Pinkerton, Hinchman
second, the City Council adopted Resolution No. 91-119
setting the 1991-92 Appropriations Spending Limit at
$33,441,797 as calculated using:
1. The percentage increase in the California
Per Capita Income; and
2. The greater of the percentage increase in
the City's own population growth or the
population growth of the entire San Joaquin
County.
ADOPTION
OF 1991-92 OPERATING
BUDGET -
URGENCY ORDINANCE
ORDINANCE
NO. 1516
CC -21(b)
The City
Council continued its review of the 1991-92
CC -149
Operating
Budget.
Based on
earlier discussions regarding the budget, the City
Council considered
each of the following:
1.
Eliminate the City Newsletter - savings
$20,000
2.
Increase funding for the Chamber of Commerce
- $13,000 General Fund Operating Reserve
3.
Fund the Business Council - $15,000 General
Fund Operating Reserve
4.
Increase the Transit Occupancy Tax to 9% -
additional $28,000
5.
Provide funds for educational brochures at
the Nature Interpretive Center at Lodi Lake
Park - $4,000 General Fund Operating Reserve
6.
Purchase Flail Thatcher Deck - $5,000
Equipment Fund
7.
Radios for meter readers and account
collectors - $28,000 Workers Compensation
Fund
8. Election Budget - $13,125 General Fund
Operating Reserve
9. Miscellaneous Equipment - $2,640 Water &
Wastewater Funds
30
232 Continued June 20, 1991
1. Some members of the City Council have indicated a
reluctance to appropriate $36,000 for a community
newsletter. If this item is removed, funds need to be
restored to certain budget accounts to continue to
promulgate information. The net savings will be
approximately $20,000.
2. The present budget includes $12,000 for the Chamber of
Commerce. The Chamber requested $52,600. Some members of
the Council have indicated a desire to increase the
recommended level of funding for the Chamber. At least one
figure mentioned was $13,000. A $13,000 additional
appropriation would reduce the General Fund Operating
Reserve.
3. The Business Council of San Joaquin County has asked the
City to contribute $30,000 into a plan to promote business
and industrial growth in San Joaquin County. There are no
funds for this purpose in the recommended 1991-92 Operating
Budget. If Council wishes to make such a contribution it
must come from the General Fund Operating Reserve.
4. An increase in the Transit Occupancy Tax from 6% to 9%
would generate approximately $28,000 of additional new
revenue. The recommended budget includes an increase from
6% to 8% or $48,000. The increase then would increase
projected income by $24,000.
5. The Parks Division requested a Park Ranger position to
begin an Interpretive Program at Lodi Lake. Also included
was approximately $4,000 for office equipment, displays and
brochures. Because we did not add the position we did not
add funding for supplies. The program will go forward
using existing staff and volunteers. The Lodi Rotary clubs
are jointly refurbishing the concession stand at Lodi Lake
to function as an Interpretive Center. The City Council
may now appropriate the requested $4,000. These funds
would come from the General Fund Operating Reserve.
6. The Parks Division requested a Flail Thatcher for this
year. It was not explained nor listed as a high priority
item. During the past few months the Parks Division has
been on a major water conservation area. The reduced water
has exacerbated the need to remove thatch from park areas.
The heavy buildup of thatch in grass areas reduces the
amount of water reaching roots. This $5,000 expenditure
can come from the Equipment Fund.
7. An initial budget request was for a radio system for the
meter readers and accounts collectors. These employees are
the only field personnel without radios. The request wai
not included in the budget as the estimated cost wa;
$28,000. This price seemed excessive. That, and due to
the budget crunch, we did not include this in the budget.
31
Continued June 20, 1991
Subsequent to that,
safety features of
radios. The City
request and strongly
affected employees have
having the field forces
Safety Committee has
recommends its inclusion.
233
reiterated the
equipped with
reviewed this
We do feel we can reduce the price tag on this system by
"piggy -backing" on an existing system. Because this is a
safety item, we are short of funds and there is a small
surplus in the Workers Compensation Fund - we fund safety
programs from this fund - we recommend that we include the
entire $26,000 as equipment in the Workers Compensation
Fund. When we have reviewed all the options we will
present those to the City Council.
8. The City Clerk submitted a budget request for election in
this budget year. The request was overlooked and not
included. Funds in the amount of $13,125 should be
included in the 1991-92 budget as we will have expenses for
the November 1992 election before July 1, 1992. This
funding must come form the General Fund Operating Reserve.
9. The amount of $2,640 for miscellaneous tools was not
included in the Water/Wastewater Budget. Half of the funds
should come from the water and half from the wastewater
budget. There are sufficient reserves in both these funds
to cover this additional cost.
On motion of Council Member Pennino, Hinchman second, the
City Council by the following vote determined to retain
funding included in the proposed budget for a City
Newsletter:
Ayes: Council Members - Pennino, Snider, and
Hinchman (Mayor)
Noes: Council Members - amara
Absent: Council Members - None
Mayor Pro Tempore Pinkerton expressed his feelings that
after the mailing out of the third City of Lodi Newsletter,
a telephone sampling should be undertaken. If the sampling
doesn't show that the Newsletter have at least a 50%
readership, it should be dropped.
On motion of Council Member Snider, Hinchman second, the
City Council increased funding for the Chamber of Commerce
- $13,000 General Fund Operating Reserve. The motion
carried by the following vote:
Ayes: Council Members - Pennino, Sieglock, Snider, and
Hinchman (Mayor)
Noes: Council Members - Pinkerton
32
3
234 Continued June 20, 1991
l
Absent: Council Members - None
On motion of Council Member Snider, Sieglock second, the
City Council by unanimous vote approved funding in the
amount of $15,000 from the General Fund Operating Reserve
for the Business Council of San Joaquin, Inc.
On motion of Council Member Snider, Hinchman second, the
City Council, by unanimous vote approved funding for
educational brochures at the Nature Interpretive Center at
Lodi Lake Park at a cost of $4,000 which will be allocated
from the General Fund Operating Reserve.
On motion of Council Member Sieglock, Pennino second, the
City Council by unanimous vote approved the purchase of a
Flail Thatcher Deck in the amount of $5,000 which funds are
to be allocated from the Equipment Fund.
On motion of Council Member Pennino, Hinchman second, the
City Council asked that a survey be conducted of NCPA
cities as to whether or not radios are provided for their
meter readers and account collectors and asked that the
survey results be presented to the City Council at its July
17, 1991 meeting.
On motion of Mayor Pro Tempore Pinkerton, Hinchman second,
the City Council approved funding in the 1991/92 Budget for
the November 1992 General Municipal Election in the amount
of $13,125 which funds are to be allocated from the General
Fund Operating Reserve.
On motion of Mayor Pro Tempore Pinkerton, Hinchman second,
the City Council approved the purchase of miscellaneous
tools not included in the Water/Wastewater Budget in the
amount of $2,640 which funds are to be allocated from Water
and Wastewater Funds.
On motion of Council Member Snider, Hinchman second, the
City Council, by unanimous vote, adopted Urgency Ordinance
No. 1516 as amended excluding the bulk power portion.
Urgency Ordinance No. 1516 is entitled, "An Uncodified
Urgency Ordinance of the Lodi City Council Adopting an
Operating Budget for the Support of Various Departments of
the City of Lodi and a Utility Outlay Budget for the Fiscal
Year Beginning July 1, 1991 and Ending June 30, 1992".
Council Member Pennino abstained from discussion and acting
upon the bulk power portion of the 1991/92 Operating Budget.
On motion of Council Member Snider, Hinchman second, the
City Council, by the following vote, adopted the bulk power
portion of the 1991/92 Operating Budget (Urgency Ordinance
No. 1516 as amended entitled, "An Uncodified Urgency
Ordinance of the Lodi City Council Adopting an Operating
33
Continued June 20, 1991 235
Budget for the Support of Various Departments of the City
of Lodi and a Utility Outlay Budget for the Fiscal Year
Beginning July 1, 1991 and Ending June 30, 1992.")
Ayes: Council Members - Pinkerton, Sieglock, Snider,
and Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Pennino
ADJOURNMENT There being no further business to come before the
City Council, Mayor Hinchman adjourned the meeting at
approximately 10:25 p.m.
ATTEST:
Alice M. Rkche
xa
City Clerk
34