HomeMy WebLinkAboutMinutes - June 20, 1990 (5)�j
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 20, 1990
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Olson,
Pinkerton, Reid and Snider (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
INVOCATION The invocation was given by Pastor Bob Mattheis, St.
Paul's American Lutheran Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Snider.
ALLEGIANCE
PRESENTATIONS
NATIONAL CORRECTIONAL
OFFICERS' MEMORIAL WEEK
A presentation was made by a representative Lt. Armando
Favila of the Department of the Youth Authority, Northern
California Youth Center regarding National Correctional
Officers' Memorial Week.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Olson,
Reid second, approved the following items hereinafter set
forth on the Consent Calendar with the exception of Agenda
item E-18, "Retain drilling firm to drill test wells" which
was removed from the Consent Calendar and discussed and
acted upon at a later point on the agenda.
CLAIMS CC -21(a) Claims were approved in the amount of $1,508,156.36.
MINUTES The Minutes of May 16, 1990 and May 31, 1990 (Special
Meeting) were approved as written.
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Continued June 20, 1990
AMENDED SALARY RANGES
FOR EMPLOYEES IN VARIOUS
UNITS APPROVED
RES. NO. 90-88 - 90-92
CC -34 The City Council adopted the following resolutions amending
CC -300 salary ranges for employees in the following units:
RESOLUTION NO.
UNIT
EFFECTIVE
DATE
90-88
General Services
June
25,
1990
90-89
Maintenance and Operators
June
25,
1990
90-90
Police Dispatchers
June
15,
1990
90-91
Confidential Employees
June
25,
1990
90-92
Selected part-time employees
June
25,
1990
1990-91 APPROPRIATIONS
J SPENDING LIMIT
RES. NO. 90-93
CC -21(a) The City Council was advised that Article XIIIB of the
CC -300 California State Constitution specifies that an annual
Appropriations Spending Limit shall be established.
The Spending Limit shall be adjusted each year by the
changes in population (+2.26%) and the lesser of the
Consumer Price Index or the California Per Capita Personal
Income (+4.21%).
The 1989-90 Limit of $28,972,499, increased by population
and California Per Capita Personal Income, yields a 1990-91
Spending Limit of $30,875,992.
(1.0226) (1.0421) = 1.0657
(1.0657) ($28,972,499) = $30,875,992
The City Council adopted Resolution No. 90-93 setting the
1990-91 Appropriations Spending Limit at $30,875,992.
RESOLUTION AUTHORIZING
TRANSFER AND APPROPRIATION
OF FUNDS
RES. NO. 90-94
CC -21(a) The City Council was advised that a review of the 1989-90
CC -300 fiscal year estimated revenues and appropriations indicates
2
r
Continued June 20, 1990
the City will have sufficient funds to transfer the
following amounts into standing reserve funds.
Amount From To
$1,200,000 General Fund General Fund Operating Reserve
$1,000,000 Electric Utility Fund Capital Outlay Reserve
This appropriation falls within the City's expenditure
limits for the 1989-90 fiscal year.
The City Council adopted Resolution No. 90-94 approving the
year-end transfer and appropriation of funds.
PURCHASE OF PATROL
BOAT FOR LODI LAKE
RES. NO. 90-95
CC -12(d) The City Council adopted Resolution No. 90-95 awarding the
CC -47 bid for the purchase of one 18 -foot pontoon -style patrol
CC -300 boat to the low bidder, Gregor Boat Company of Fresno,
California, in the amount of $8,674.95, and appropriated
additional funds of $674.95 to cover the cost of the
purchase over the budgeted amount of $8,000.
The City Council was advised that on May 16, 1990, the City
Council approved specifications and authorized bidding for
one Gregor pontoon -style patrol boat. Proposal forms were
mailed to seven bidders, five of which were Gregor
dealers. Two bids were received and opened on May 29,
1990, with the following results:
Gregor Boat Company, Fresno, CA $8,674.95
Enterprise Boat Company, Rancho Cordova, CA $9,185.31*
*Bidding Sunshine Standard 20 -foot pontoon
In studying various boat designs, the Parks Department
selected the pontoon -style as the one best suited for the
needs at Lodi Lake. First, the twin hull provides
stability necessary when bringing a swimmer on board.
Second, the low deck allows easier access to persons or
object in the water. Third, the shallow hull allows
accessibility to virtually all areas of the Lake and
shoreline if law enforcement or assistance becomes
necessary.
If purchase is approved, delivery would be about six weeks
after placement of order.
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Continued June 20, 1990
PURCHASE OF 10,000 -POUND
CAPACITY FORKLIFT
RES. NO. 90-96
CC -12(d) The City Council adopted Resolution No. 90-96 awarding the
CC -47 bid for the purchase of one 10,000 -pound capacity forklift
CC -300 to the low bidder, Hyster Corporation of Modesto, in the
amount of $32,171.44, including an optional side -shift
attachment to facilitate handling and stacking.
The City Council was apprised that on May 16, 1990, the
City Council approved specifications and authorized bidding
for one 10,000 -pound capacity forklift for use at the
Municipal Service Center. Bids were opened on May 30,
1990, with the following results:
The existing higher -capacity lift at MSC is a 1961 Moline, ,
purchased as used equipment by the City in December, 1974,
and having a rated capacity of 6,000 pounds. Because of
its age, repair parts are increasingly hard to find, and
extended periods of downtime are becoming more frequent.
The new forklift will be used to handle larger transformers
and vaults, cable reels, metalclad switchgear, and other
materials and equipment exceeding the 3,000 -pound rated
capacity of the smaller forklift at MSC.
The 1989/90 budget includes $35,000 for the purchase of
this equipment.
Delivery is expected about 8 weeks after placement of order.
PURCHASE OF TRANSFORMER
STORAGE RACKS
RES. NO. 90-97
CC -12(d) The City Council adopted Resolution No. 90-97 awarding the
CC -47 bid for the purchase of eight sections of galvanized
CC -300 transformer storage racks to J. M. Lift Trucks of Stockton,
in the amount of $8,373.62.
4
Sideshift
Bidder
Equipment
Base Bid
Option
Total Amt
Hyster Co., Modesto
Hyster
$30,583.00
$1,588.44
$32,171.44
Watts Eq., Stockton
Toyota
31,457.44
759.69
32,217.13
J. M. Lift, Stockton
Kalmar
31,025.00
1,381.25
32,406.25
Graylift, Stockton
Clark
32,369.06
2,619.06
34,988.12
Tenco Lift, Stockton
Cat'pllr
33,203.66
1,123.06
34,326.72
The existing higher -capacity lift at MSC is a 1961 Moline, ,
purchased as used equipment by the City in December, 1974,
and having a rated capacity of 6,000 pounds. Because of
its age, repair parts are increasingly hard to find, and
extended periods of downtime are becoming more frequent.
The new forklift will be used to handle larger transformers
and vaults, cable reels, metalclad switchgear, and other
materials and equipment exceeding the 3,000 -pound rated
capacity of the smaller forklift at MSC.
The 1989/90 budget includes $35,000 for the purchase of
this equipment.
Delivery is expected about 8 weeks after placement of order.
PURCHASE OF TRANSFORMER
STORAGE RACKS
RES. NO. 90-97
CC -12(d) The City Council adopted Resolution No. 90-97 awarding the
CC -47 bid for the purchase of eight sections of galvanized
CC -300 transformer storage racks to J. M. Lift Trucks of Stockton,
in the amount of $8,373.62.
4
Continued June 20, 1990
PURCHASE OF ROCK AND
SAND MATERIAL FOR
FISCAL YEAR 1990-91
RES. NO. 90-98
g-3
On May 16, 1990, the City Council approved the
specifications and authorized advertisement for bids. Bids
were opened on June 11, 1990, with the following results:
J. M. Lift Trucks, Stockton $8,373.62
Steve Sheely & Associates $9,154.82
Warehouse Wares, Stockton $6,412.19*
Watts Equipment Co., Stockton $7,412.85
*The load ratings of the racks bid by the two low bidders
were under the specified capacity of 8,000 pounds per pair
of load beams. Larger pole -mount transformers may weigh
1,300 pounds each, and one pair of load beams may hold up
to six such transformers, weighing a total of 7,800
pounds. For that reason, we are recommending the award go
to J. M. Lift Trucks, the low bidder meeting the loading
specifications.
When installed, these racks would provide centralized
storage for over 120 pole -mount and pad -mount
transformers. Currently, transformers may be stored in up
to four separate locations, depending on availability of
space. During the last inventory, the auditors cited this
condition as a deficiency, and recommended that the
transformers be stored in a more centralized location.
Delivery is expected about 11 weeks after placement of
order.
Funding for this purchase has been allocated in the 1989/90
budget.
CC -12(d) The City Council adopted Resolution No. 90-98 approving the
CC -300 purchase of rock and sand material for fiscal year 1990/91,
Item 1 and 2 from Claude C. Wood Company, Lodi, California
and Item 3 by informal bid as needed.
The specifications for rock and sand material were approved
by the City Council at its meeting on May 16, 1990 and two
bids were received.
The bid from Teichert Aggregates was rejected because
Teichert Aggregates bid the material FOB plant and quoted
an hourly transportation rate of $59.00. The Purchasing
Officer, Joel Harris, contacted Teichert Aggregates after
the bid opening and tried to establish a maximum delivery
time, but was unable to obtain one. Therefore, we could
not establish an actual cost per ton.
67
4-74
Continued June 20, 1990
The cost of 3/4 class 2 aggregate base decreased one
percent and concrete sand decreased two percent since the
last time the City requested bids which was July 1989.
Listed below is a tabulation of the bids received:
Bidder Item No. 1 Item No. 2 Item No. 3
3/4" Class 2 Concrete Sand 1/4" x #10 Crushed
Aggregate Base Rock Screening
Stockpile Stockpile Stockpile
City Limits City Limits City Limits
100 Tons 300 Tons 350 Tons
Claude C. Wood Co.
Lodi, CA
Cost per ton $9.35 $9.83 NO BID
including tax
TOTAL $9.35 $9.83
Teichert Aggregates
Sacramento, CA
Cost per ton FOB plant $5.25 $9.00 $8.25
including tax
TOTAL $5.25 $9.00 $8.25
PURCHASE OF ASPHALT
MATERIALS FOR FIRST AND
SECOND QUARTERS OF
FISCAL YEAR 1990-91
RES. NO. 90-99
CC -12(d) The City Council adopted Resolution No. 90-99 approving the
CC -300 purchase of asphalt materials for the first and second
quarters of fiscal year 1990-91, Items 1A, 1B, 1C, 2A, 2B,
and 2C from Claude C. Wood.
The specifications for asphalt materials were approved by
the City Council at its meeting May 16, 1990 and three bids
were received.
The cost of asphalt material per ton has increased 1 3/4
percent FOB plant and 1/2 percent delivered to hopper of
paver since the last bid was requested which was January
1990.
A tabulation of bids received is listed below:
M
475
Continued June 20, 1990
Granite Const.
Stockton, CA
Cost per ton $25.50 $32.23 $32.76 $24.97 $31.69 $32.23
Plus: City
cost for
mileage $ 6.65 6.65
TOTAL $32.15 32.23 32.76 31.62 31.69 3 3
Teichert Ag.
Sacramento, CA
Cost per ton $24.97 NO BID NO BID $24.44 NO BID NO BID
Plus: City
cost per
mileage $11.09 $11.09
TOTAL 36.06 $35.53
CONTRACT AWARD FOR
LODI AVENUE AND HAM LANE
INTERSECTION IMPROVEMENTS
RES. NO. 90-100
CC -12(a) The City Council adopted Resolution No. 90-100 awarding the
CC -300 contract for the Lodi Avenue and Ham Lane Intersection
FA
ITEM NO. 1
ITEM NO. 2
Dense
grade asphalt Concrete
Dense
Grade Asphalt Concrete
Type B
3/8". Asphalt binder
Type B
1/2". Asphalt binder
shall
be Viscosity Grade
shall
be Viscosity Grade
AR -4000
Paving Asphalt
AR -4000
Paving Asphalt
Bidder
A
B C
A
B C
F.O.B
Stockpile Hopper of
F.O.B
Stockpile Hopper of
Plant
City Limits Paver
Plant
City Limits Paver
600 Tons
200 Tons 1600 Tons
50 Tons
100 Tons 100 Tons
Claude C. Wood
Lodi, CA
Cost per ton
$24.97
$29.22 $30.28
$23.91
$28.16 $29.22
Plus: City
cost for
mileage
$ 5.30
$ 5.30
TOTAL
30.27
29.22 30.28
29.21
28.16 29.22
Granite Const.
Stockton, CA
Cost per ton $25.50 $32.23 $32.76 $24.97 $31.69 $32.23
Plus: City
cost for
mileage $ 6.65 6.65
TOTAL $32.15 32.23 32.76 31.62 31.69 3 3
Teichert Ag.
Sacramento, CA
Cost per ton $24.97 NO BID NO BID $24.44 NO BID NO BID
Plus: City
cost per
mileage $11.09 $11.09
TOTAL 36.06 $35.53
CONTRACT AWARD FOR
LODI AVENUE AND HAM LANE
INTERSECTION IMPROVEMENTS
RES. NO. 90-100
CC -12(a) The City Council adopted Resolution No. 90-100 awarding the
CC -300 contract for the Lodi Avenue and Ham Lane Intersection
FA
47
// -Continued June 20, 1990
Improvements to Copenhagen Utilities in the amount of
$85,901.00 and authorized the appropriation of an
additional $28,000 from Transportation Development Act
funds and $7,725 from available funds in the Electric
Utility System Improvement account to complete the project.
This project consists of installing three City -furnished
vaults, two cable TV -furnished boxes, and conduit of
various types and diameters. Electrical and cable TV
wiring will be installed at a future date as a separate
project.
This project also includes an asphalt overlay of the Lodi
Avenue/Ham Lane intersection. The overlay project had been
originally budgeted in 1988 but was postponed until the
underground conduit was installed.
Plans and specifications for this project were approved on
May 16, 1990.
The City received the following six bids for this project:
Bidder
Engineer's Estimate
Copenhagen Utilities
Claude C. Wood Company
Teichert Construction
Moreno Trenching Co.
Ford Construction
McCourt-West
CONTRACT AWARD FOR
MAINTENANCE OF
LANDSCAPED AREAS
RES. NO. 90-101
Location Bid
$ 52,929.50
Sacramento
$ 85,901.00
Lodi
$ 86,992.30
Stockton
$ 93,332.90
Rio Vista
$ 99,986.07
Lodi
$110,426.00
West Sacramento
$114,751.50
Based on the number of bids and range of prices, staff
feels the low bid is reasonable and the Engineer's estimate
was too low.
The Public Works Department has designed relatively few
contract conduit installation projects in the past. The
estimates for the Lodi and Ham Lane project were based on
the similar underground projects dating back to 1980.
The difficulties of excavation under the intersection, the
time limits, and traffic control in performing the work are
the factors for higher contract price.
CC -12(a) The City Council adopted Resolution No. 90-101 awarding the
CC -300 contract for maintenance of landscaped areas for 1990/91
fiscal year to Ireland Landscape Company, Inc.
C:l
477
Continued June 20, 1990
The specifications for maintenance of landscaped areas were
approved by the City Council at its meeting May 16, 1990
and five bids were received.
The cost for maintenance of landscaped areas has increased
one percent since the contract was last renewed in July
1989. Listed below is a tabulation of the bids for your
information:
Bidder Monthly Cost Annual Cost
Ireland Landscape Co., Inc. $3,304.44 $39,653.28
Stockton, CA
City Services, Inc. $3,941.15 $47,293.80
Lodi, CA
Environmental Care, Inc. $6,868.00 $82,416.00
Sacramento, CA
Valley Landscaping $6,885.00 $82,620.00
Lodi, CA
Expert Building Maintenance $7,014.00 $84,168.00
Service, Stockton, CA
The contract covers a twelve month period, July 1, 1990
through June 30, 1991. However, by mutual consent the City
and the contractor may enter into an agreement or an annual
extension of the contract, with the approval of the City
Council.
ACCEPTANCE OF IMPROVEMENTS
UNDER HARNEY LANE OVERLAY,
HUTCHINS STREET TO 400 FEET
WEST OF STOCKTON STREET,
CONTRACT
CC -90 The City Council accepted the improvements under the
"Harney Lane Overlay, Hutchins Street to 400 feet west of
Stockton Street" contract, and directed the Public Works
Director to file a Notice of Completion with the County
Recorder's office.
The contract was awarded to Teichert Construction of
Stockton on September 6, 1989 in the amount of $76,207.00.
The contract has been completed in substantial conformance
with the plans and specifications approved by the City
Council.
The contract completion date was June 1, 1990, and the
actual completion date was June 1, 1990. The final
contract price was $74,401.26. The difference between the
contract amount and the final contract price is mainly due
9
Continued June 20, 1990
to the installation of less asphalt concrete than was
estimated in the bid.
ABANDONMENT OF WESTDALE
STORM DRAIN BASIN, ON SOUTH
SIDE OF TOKAY STREET AT
WOODBRIDGE IRRIGATION
DISTRICT CANAL
CC -176 The City Council approved the abandonment of the Westdale
CC -27(a) storm drain basin and authorized the City Clerk to sign a
deed giving title back to the original grantors of this
property.
The City Council was advised that in 1964, the developers
of Westdale subdivision were required to dedicate this
property to detain storm drainage from the Westdale
subdivision. With the development of the Sunwest and Apple
Orchard subdivisions, runoff from the Westdale
subdivision can now be stored in G -Basin and this
Westdale basin area is no longer needed.
The original deed had a reversionary clause which said that
once the City no longer needed it for the purpose of
storing storm water, this property would revert to the
grantors, their heirs, successors, or assigns.
The City has removed its pumps and equipment. The
remaining structure will be the owner's responsibility to
demolish when the property is developed.
FINAL MAP FOR MORRISON
PARK, A ONE -LOT CONDOMINIUM,
2379 MAGGIO CIRCLE
CC -46 The City Council approved the final map for Morrison
Park, a one -lot condominium, and directed the City Manager
and City Clerk to execute the map on behalf of the City.
This is an existing lot. The map is being filed to change
the parcel to a one -lot condominium. All public
improvements have been installed and all fees paid.
The subdivision is located at 2379 Maggio Circle and
contains a total of one industrial lot.
RENTAL POLICY, PROCEDURES,
AND FEES APPROVED FOR THE
ANNEX AT 111 NORTH STOCKTON
STREET
CC -27(a) The City Council was advised that for the past eight
CC -56 months, the Parks and Recreation Department has been
renting, through a lease agreement, the Annex facility at
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Continued June 20, 1990
111 North Stockton Street for city -sponsored activities.
We currently conduct indoor programs, classes and meetings
in this facility. We have also been asked, on occasion, to
rent the building for various public meetings and affairs.
The City Council approved the rental policy, procedures and
fees for the Annex at 111 North Stockton Street.
MEMBERSHIP IN CALIFORNIA
TRANSIT INSURANCE POOL
(CALTIP)
RES. NO. 90-102
CC -21.1(i) The City Council adopted Resolution No. 90-102 approving
the membership into the California Transit Insurance Pool
which shall become effective July 1, 1990.
The City Council was advised that by joining this
organization the City can achieve an approximate $40,000
savings in insurance premiums by assuming a $25,000
self-insured retention.
AGENDA ITEM REMOVED
FROM CONSENT CALENDAR
AND DISCUSSED AND ACTED
UPON AT A LATER POINT
ON THE AGENDA
Agenda item E-18, entitled, "Retain drilling firm to drill
test wells" was removed from the consent calendar and
discussed and acted upon at a later point on the agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
GENERAL MILLS APPLAUDED
FOR ITS NUMEROUS COMMUNITY
CONTRIBUTIONS
Mayor Snider presented a list of community contributions
made by General Mills and its employees this last year.
Mayor Snider commended the General Mills family for these
very generous contributions to this community.
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:
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Continued June 20, 1990
ANNOUNCEMENT OF THE FORMATION
OF THE LODI INDOOR CLEAN
AIR COALITION
CC -18 Dr. Phillip Ross of Lodi addressed the City Council
applauding it for the passage of Ordinance No. 1488
entitled, "An Ordinance of the Lodi City Council Regulating
or Prohibiting Smoking in Certain Public Places and in
Places of Employment". Dr. Ross announced the formation
of the Lodi Indoor Clean Air Coalition, outlining its goals
and announcing that its first meeting will be held at 7:30
p.m. on July 10, 1990 at the Lodi Library.
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 Snider called for the Public
Meeting being held at the request of the California
Department of Health Services, Office of Drinking Water, to
inform the public of the Dibromochloropropane (DBCP)
levels in the City water system.
DIBROMOCHLOROPROPANE
(DBCP) LEVELS IN THE
CITY WATER SYSTEM
CC -24(b) The matter was introduced by Public Works Director Ronsko
CC -183(a) who advised the City Council that in April of this year,
the City of Lodi received an amended water supply permit
from the California Department of Health Services.
The amended permit allows the City of Lodi to use City
wells which exceed the maximum contaminant level of 0.2
parts per billion (ppb) for DBCP during peak water
demands. The use of these wells is subject to a number of
conditions that are listed in the amended permit.
The first condition was that we notify our water customers
that our water system may exceed the State standard of 0.2
ppb for DBCP. The City notified water customers by
sending the first quarterly notice and by holding a press
conference on May 23, 1990. A recap was presented
regarding the 13 telephone calls that the City received, as
of June 5, 1990, after the notice was mailed and the DBCP
articles appeared in the newspaper.
The following letters were received regarding the matter
and were read into the record by the City Clerk:
Within recent weeks, the attention grabbing news story has
been the Council's decision to ban cigarette smoking in
public places. While the effects of second hand smoke are
not to be debated, there is another issue that should be
deemed more urgent and health damaging. That issue is the
safety of our water. Recently a notification was sent by
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Continued June 20, 1990
�81
the City to homeowners, which defined the current health
standards of the water in 12 of Lodi's wells. The water in
these wells is contaminated with DBCP, a known carcinogen.
This water is currently being sent into the homes of Lodi
during peak hours. These peak hours are also the most
likely times for a family to be preparing and eating a
meal. This, unlike second hand smoke which to a degree,
can be avoided, is coming directly into the home and being
used for human consumption. This is outrageous! Even
given the minute PPP (Part Per Million) of DBCP in these
wells, Lodians should not have to fear that our water could
possibly be the most health damaging substance with which
we come into contact.
We, the undersigned, in lieu of attending the June 20,
1990, session on this issue are asking for a rapid solution
to this latest health hazard which we are in contact with
everyday, in and out of our home. We are asking that the
safety of Lodi's water not be compromised in anyway, nor
for any political, or self -valuing reasons, but for the
health of the community at large. We are asking that all
of Lodi's existing wells be brought into compliance with
the California State Law within a timely manner.
(Petition contained 15 signatures)
I have counted to ten but it didn't help. As the man said
in the movie, I am mad as hell and I won't take it anymore.
I can see you are feeling the same. I admire the restraint
you show in the letter you sent to the citizens. Your
assessment of the situation is perfect. There isn't a
rational person in this town who doesn't see the California
Department of Health Services number as totally asinine.
It would seem there is more we, as a City, can do than
simply roll over and play dead in deference to the whims of
a couple of autocratic bureaucrats. Since 0.0002 ppm of
anything in a water supply is totally insignificant and
can be so proven using almost any authority, the least we
can do is sue those people and change the number to one
that is rational and meaningful. Where is it written in
stone that the number has to be 0.002?
I won't get into other arguments here such as the number of
deaths attributed to cigarettes and alcohol in comparison
to water form ANY City water supply in the United States,
but I would suppose the only water related deaths in the
United States in any given time period would be related
only to drowning.
A few years ago, the agency in question told the town of
Livingston to dig new wells, etc. because of an arsenic
finding. Since the wells had always had that (it was
13
482
r Continued June 20, 1990
assumed) and since the town didn't have the money, the
mayor, in his great wisdom, told the agency to take a
flying leap and as far as I know, not much else came of it.
There are times when, in the words of a jurist of bygone
times, the law is an ass. This is one of those times, but
I feel we really aren't dealing with a law, we are dealing
with a ruling or an opinion (whim) and that can be fought.
I would rather have my share of the $6-7,000,000 be used to
fight them bums and win than to filter already pure water.
Thanks for the letter and thanks for your analogies. I am
sure there are about 45,000 Lodians who feel as we do. We
should fight this, its nuts.
Sincerely,
Robert 0. Bader, D.C.
The purpose of this public meeting is to comply with
Condition 3b of the amended permit which reads:
"The City shall hold a public meeting by July 15, 1990 to
inform the public of the DBCP problem within the system
and provide an opportunity for comment. This public
meeting will be as provided for in Section 6061 of the
Government Code."
To further support the information contained in his letter,
Dr. Robert 0. Bader addressed the City Council regarding
the matter.
Also addressing the City Council voicing opposition to the
maximum contaminant level of 0.2 parts per billion (ppb)
for DBCP in water levels was Dr. Helmuth Hoff, 1010
West Elm Street, Lodi.
The public portion of the hearing was closed. No formal
action was required by the City Council on this matter.
RETENTION OF DRILLING
FIRM TO DRILL TEST WELLS
CC -183(a) The City Council was advised that in addition to
CC -183(b) determining appropriate cleanup methods for
dibromochloropropane (DBCP) contaminated wells, City
staff has been working with Brown and Caldwell to plan
and design new wells that will meet the DBCP maximum
contaminant level (MCL) of 0.2 parts per billion
(ppb). In March 1990, the City entered into a task order
agreement with Brown and Caldwell for the tasks listed
below. Estimated consulting fees at that time are shown.
The plan was that as each task was completed, a detailed
14
L
Continued June 20, 1990
scope of work and cost estimate would be prepared and
agreed to for the following task.
Task 1 ($4,150) - Evaluation and selection
of test well procedures including cost
estimates and preliminary designs to
determine appropriate procedures for
subsequent work.
Task 2 ($8,500) - Test well drilling
assistance, analysis and recommendations for
well design and additional work.
Task 3 ($2,500) - Prepare testing and
monitoring plan for the Mokelumne River in
relation to production well water quality.
Task 4 ($3,000) - Recommend a system or plan
for monitoring Lodi's water supply.
Task 1 has been completed for the cost indicated. Table 2
as presented describes the recommended test well process.
They conclude that an improved version of the City's recent
test well methods will be adequate at sites where no DBCP
is encountered. At contaminated sites, they recommend a
second, more extensive test well and analysis. They note
that "Neither method, however, can be expected to provide
data representative of water quality trends over the life
of the well."
Brown and Caldwell has also provided a scope of work and
cost for Task 2. Based on this cost and the average of the
drilling estimates provided as part of Task 1 for the
proposed methods, the total cost of a test well for a
contaminated site is $74,000 plus laboratory costs. In
comparison, the City has been spending under $10,000 on
test wells. Their revised fees ($29,600) were
significantly higher than the earlier Task 2 estimate
($8,500). This high total cost and the overall uncertainty
of the results led staff to reconsider this approach.
The City's past test well methods have had reasonable
success, given the design criteria and technology available
at the time. A summary of Lodi's wells showing present
DBCP levels and the results provided by test wells was
presented. Of the eight wells dating back to 1980 that
were tested prior to drilling the production well:
Two tested free of DBCP and are still
clean (Wells 6 and 10).
One contained DBCP, was designed to
produce less than 0.2 ppb and is still
15
Continued June 20, 1990
below the MCL, although only for a short
time since the well is new (Well 23).
Three contained DBCP, were designed based
on old action level of 1.0 ppb and are
still below that amount, but are above the
new 0.2 ppb MCL (Wells 1R, 19 and 21).
Two contained DBCP, were designed based on
1.0 ppb and are now over that amount
(Wells 20 and 22).
Also, three of the contaminated wells were free of DBCP
from two to four years which indicates early success that
was negated by changing groundwater conditions (Wells 19,
20 and 21).
The new General
wells. These ari
replacement for
remediation plan
Services. This
following table
Caldwell's DBCP
the proposed Wate
plan shows the City will need 14 new
in addition to four budgeted wells and a
Well 4 as proposed in the DBCP
submitted to the Department of Health
makes a total of 19 new wells. The
is based on Figure 2-5 in Brown and
study and the well locations shown in
r Master Plan.
Group # of Wells Location
A 8 Southwest or east in area over 1 ppb DBCP
B 8 North/central area, reduced chance of DBCP
C 3 "In-between" areas, DBCP levels less than 1 ppb
or uncertain
We have no choice on the location of the A Group which
comprises nearly half of the new wells due to the design
requirements described in the Master Plan. We will drill
those wells and probably end up treating them as soon as
they are put into production or within a few years of use.
Another eight (the B Group) are not likely to be a
problem. Only the remaining three are likely to benefit
from extensive testing and design and, again, there is no
long-term certainty.
In their recommendations, Brown and Caldwell suggests
that the proposed method to be used and evaluated "...to
determine if it has contributed significant information
which can be used to better design the well and whether it
has given a better indication of the risks involved in
constructing a production well at that site. A decision
can then be made whether the additional information
justifies the cost...". Earlier, this was staff's desire
16
Continued June 20, 1990 4
also. However, the high cost has been a discouraging
factor, even for only one attempt.
Staff feels that the additional expense of a more
sophisticated test well procedure is not economically
justified.
Staff recommends that the City retain a qualified well
driller on a time -and -material basis to work with City
staff on test wells using an improved version of past
methods. We plan to use Brown and Caldwell on a limited
basis to assist in data analysis.
Following Council approval, staff intends to do the
following:
1. Proceed at once on a test well/production
well at the Well 11R (East Turner Road),
Well 3R (Hutchins Street Square), and Well
24 (Stadium) sites using City personnel.
Have Brown and Caldwell participate in
sampling and analysis on an hourly basis, no
formal reports as part of Task 2. Hire a
qualified driller on a time -and -material
basis without going to formal bid.
2. Have Brown and Caldwell prepare a
monitoring well design that we can use to
determine minimum production well spacing as
part of Task 2.
3. Reconsider testing procedures for Well 25
being considered for the Industrial
Substation site after the above work is done.
4. Have Brown and Caldwell complete Tasks 3
and 4 later in the year after information
from the above work is available.
Following discussion, on motion of Mayor Pro Tempore
Hinchman, Reid second, the City Council approved retaining
a qualified well driller on a time -and -material basis to
drill test wells for the City of Lodi
INSTALLATION OF IMPROVEMENTS
ON 1700 AND 1900 BLOCKS OF
SOUTH CHURCH STREET
CC -45(e) Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Snider called for the public hearing
regarding the installation of improvements on 1700 and 1900
blocks of South Church Street
17
r
48
\ Continued June 20, 1990
The matter was introduced by Assistant City Engineer -
Richard Prima who advised the City Council that the
1989/90 Street Capital Improvement Program includes funds
for design work on the reconstruction of Church Street from
Kettleman Lane to 100 feet north of Swain Drive. The plan
was to construct the project in the summer of 1990 using
additional funds to be appropriated in the 1990/91 Capital
Improvement Program. There are eight parcels on the west
side of Church Street that do not have curb, gutter and
sidewalk. Earlier, Council expressed an interest in having
these frontage improvements installed.
1900 Block
At the southerly four parcels (1900 block), the necessary
rights-of-way for these improvements were dedicated when
the parcels were in the County. It is recommended that,
following a positive determination by the City Council,
staff notify the owners as required by law and proceed to
include these improvements as separate schedules in the
Church Street project. The owners would have three payment
choices:
1) Install the improvements on their own prior
to the project
2) Agree to reimburse the City for doing the
work as part of its project
3) Wait for the City to formally lien the
property.
The estimated construction cost of these improvements
ranges from $1,300 to $2,000 depending on the length of the
parcel's frontage. The City could add various engineering
and administrative costs. It is recommended these be
waived if the owners opt for choice 1 or 2 described
above. The parcels all have City water and sewer.
1700 Block
At the northerly four parcels (1700 block), the City needs
to acquire 10 feet of right-of-way in order for the
improvements to match the rest of the street. In order to
expedite this process, staff recommends that the City offer
to exchange the right-of-way for the installation of
improvements and sewer hookups. These parcels already have
City water.
This offer would include the following:
Curb, gutter, and sidewalk
Transition paving
l
Continued June 20, 1990
Sanitary sewer tap, connection fee and main
reimbursement
Water service upgrade to present standards.
The value of these items is very close to the estimated
value of the right-of-way based on comparison to recent
acquisitions of other property for street projects. Thus,
an even exchange is reasonable. The property owner would
be responsible for the cost of abandoning septic systems
should they elect to connect to the sewer. Of course, the
property owners may not agree to the exchange. In that
case, the City would have an appraisal done on the
unimproved property and, if necessary, could use the
eminent domain process to acquire the right-of-way.
Following that, according to the City Attorney, the City
would use the Streets and Highways Code to require the
property owners to install their improvements similarly to
the four parcels in the 1900 block. This cost, as
described earlier, would be borne by the property owner.
If the Council determines that curb, gutter and sidewalk
fronting all eight parcels should be installed, it is
recommended that the City Council set a public hearing for
June 20, 1990. This hearing provides the property owner an
opportunity to object to or protest this decision.
The total process will probably delay the project beyond
the summer construction season if the work was to be
included. However, the street project could be constructed
without these frontage improvements. This would result in
an unimproved shoulder in these areas.
There being no persons wishing to address the City Council
regarding the matter, the public portion of the hearing was
closed.
Following discussion, on motion of Mayor Pro Tempore
Hinchman, Reid second, the City Council order the
installation of improvements in the 1700 and 1900 blocks of
South Church Street as outlined by staff.
PUBLIC HEARING TO REVIEW
AND CONSIDER THE COUNTY
OF SAN JOAQUIN TRANSPORTATION
SALES TAX EXPENDITURE PLAN
CC -28 Notice thereof having been published according to law, an
CC -50(a) affidavit of which publication being on file, Mayor Snider
called for the public hearing to review and consider the
County of San Joaquin Transportation Sales Tax Expenditure
Plan.
19
Continued June 20, 1990
The City Council was advised that the governmental agencies
within San Joaquin County are proposing a sales tax ballot
measure for the general election in November 1990. It is
proposed that the ballot measure will involve a one-half
cent increase in sales tax which would raise approximately
$400 million in San Joaquin County over a 20 -year period.
The expenditure plan details how this money would be
allocated and the major projects that are proposed for
construction or that are eligible if the sales tax
initiative passes.
Mr. Steve Dial, Associate Planner, San Joaquin County
Council of Governments presented a detailed review of the
subject plan and responded to questions as were posed by
members of the City Council. Concern was expressed that if
this plan was adopted as proposed how this would affect the
City's spending limits.
Mrs. Janet Pruss, 2421 Diablo Drive, Lodi addressed the
City Council asking about Proposition 116.
Following discussion, staff was directed to place this
matter on the agenda for the Adjourned Regular Council
Meeting of July 11, 1990.
RECESS Mayor Snider declared a five-minute recess and the meeting
reconvened at 8:35 p.m.
APPEAL OF LODI DEVELOPMENT
INC. OF THE PLANNING
COMMISSION'S DECISION TO DENY
THE REQUEST FOR A USE PERMIT
TO CONSTRUCT A SENIOR APARTMENT
PROJECT CONTAINING 51 -ONE
BEDROOM APARTMENTS TO BE
LOCATED AT 217 NORTH SCHOOL
STREET IN AN AREA ZONED C-2,
GENERAL COMMERCIAL WITHDRAWN
CC -53(b) Notice thereof having been published according to law, an
affidavit of which publication being on file in the office
of the City Clerk, Mayor Snider called for the Public
Hearing to consider the appeal of Jim Pryor, Projects
Manager, Commercial Division, Lodi Development, Inc.
appealing the decision of the Planning Commission to deny
the request for a Use Permit to construct a senior
apartment project containing 51 -one bedroom apartments to
be located at 217 North School Street in an area zoned C-2,
General Commercial.
The City Council was advised that a letter had been
received from Mr. Pryor withdrawing his appeal stating
that the withdrawal is due to the fact that Lodi
Development, Inc. has redesigned its project and
20
rMs
Continued June 20, 1990
resubmitted the changes to the Planning Commission on June
11, 1990 and received approval.
Based on this information, the proceedings regarding this
matter were discontinued.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
June 11, 1990.
CC -35 The Planning Commission -
1. Recommended approval of the following items initiated by
the Planning Commission:
a. to amend the Land Use Element of the Lodi
General Plan by redesignating 1930 Holly
Drive from Commercial to Medium Density
Residential;
b. to rezone 1930 Holly Drive from C-1,
Neighborhood Commercial, to R -MD, Medium
Density Multiple Family Residential; and
C . to certify the filing of a Negative
Declaration by the Community Development
Director as adequate environmental
documentation on the above projects.
On motion of Council Member Reid, Olson second, the
heretofore listed items were set for public hearing on July
11, 1990.
Further, the Planning Commission -
1. Recommended that Section 17.57.160 of the Municipal Code
concerning Accessory Buildings be amended to include the
following:
"Detached accessory buildings shall have a
maximum size of 120 square feet. The
overall height of the building shall not
exceed eight (8) feet and the eave height
shall not exceed seven (7) feet. No
accessory building shall be closer than six
(6) feet to any main building or closer than
three (3) feet to any side or rear property
line."
21
IF
Continued June 20, 1990
On motion of Council Member Olson, Hinchman second, the
City Council set the heretofore listed item for public
hearing on July 11, 1990.
The Planning Commission also -
OF INTEREST TO THE CITY COUNCIL
1. Determined that a Zoning Hardship existed and approved the
request of Larry Anderson on behalf of Lodi Development for
a Zoning Variance to reduce the front yard setback of
Lockeford Street from 20 feet to 8 feet at 217 North School
Street in an area zoned C-2, General Commercial.
2. Conditionally approved the request of Larry Anderson on
behalf of Lodi Development for a Use Permit to construct a
senior apartment project containing 50 -one bedroom
apartments to be located at 217 North School Street in an
area zoned C-2, General Commercial.
3. Conditionally approved the request of Tony Canton for a
Tentative Parcel Map to create two parcels from one parcel
at 401 South Central Avenue in an area zoned C-1,
Neighborhood Commercial.
4. Determined that a Zoning Hardship existed and approved the
request of Jerry Snarr for a Zoning Variance to reduce
the sideyard setback from 5 feet to 4 feet to permit an
addition to an existing dwelling at 206 North Fairmont
Avenue in an area zoned R-1, Single -Family Residential.
5. Cancelled the Use Permit of Marlon DeGrandmont for an
entertainment center in Suite 7, Lakewood Mall, in an
area zoned C -S, Commercial Shopping, because the business
was never established.
6.
Cancelled the Use
Permit
of Inder P. Singh for a
temporary mobile trailer at
720-736 South Cherokee Lane in
an area zoned C-2,
General
Commercial because the business
no longer existed.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On recommendation
of the
City Attorney and Insurance
Consulting Associates, Inc.,
the City Council, on motion of
Mayor Pro Tempore
Hinchman,
Olson second, denied the
following claim and
referred
it back to the City's Contract
Administrator:
a) Kristy McCarver (a minor), date of loss,
4/12/90
22
Continued June 20, 1990
RESIGNATION FROM LODI
SENIOR CITIZENS COMMISSION
CC -2(i) City Clerk Reimche presented a letter of resignation from
the Lodi Senior Citizens Commission that had been received
from Shirley Kleim. On motion of Mayor Pro Tempore
Hinchman, Olson second, the City Council directed the City
Clerk to do the required posting regarding this vacancy.
REAPPOINTMENTS TO VARIOUS
CITY BOARDS AND COMMISSIONS
CC -2(g) On motion of Council Member Reid, Hinchman second, the City
CC -2(k) Council concurred with the following reappointments to
various City Boards and Commissions:
PLANNING COMMISSION
James Griffith 4 -year term expiring June 30, 1994
LODI ARTS COMMISSION
Eleanor Kundert
1988-89 SINGLE AUDIT
REPORT CERTIFICATION AND
AUDIT FINDING RESOLUTION
3 -year term expiring July 1, 1993
CC -7(f) The City Clerk presented a letter which had been received
from Gray Davis, Controller of the State of California,
regarding fiscal year 1988-89 Single Audit Report
Certification and Audit Finding Resolution. The documents
was received as filed.
PETITION RECEIVED
EXPRESSING CONCERN
REGARDING THE ADDITION
OF BARBECUES AT EMERSON
PARK
CC -16 City Clerk Reimche presented petitions which had been
received from Lauren Bell containing approximately 30
signature expressing concern about the addition of
barbecues at Emerson Park.
On motion of Council Member Olson, Hinchman second, the
matter was referred to the Parks and Recreation Commission.
23
492
Ij Continued June 20, 1990
REGULAR CALENDAR
DETERMINATION OF THE
EFFECTIVE DATE OF THE
CITY'S GROWTH MANAGEMENT
PLAN
CC -6 Community Development Director Schroeder advised the City
CC -35 Council that at the Shirtsleeve Session of Tuesday, May 22,
CC -117 1990 the Developers' Steering Committee asked for City
Council clarification on the following:
1. General Plan adoption date.
2. Sewer Treatment Plant addition completion
date.
3. Date annexation requests will be accepted.
4. Date when new residential construction
permits will be issued.
5. Percent of annual growth rate and the
resultant number of units per year.
6. Date from which annual growth rates will be
calculated and the approximate number of
units that represents.
7. Housing mix (e.g. what percentage of new
housing will be multiple and what percentage
will be single-family).
At that meeting the City Council indicated that it would
make a decision on Item 6 above at the Regular Session of
June 20, 1990.
Based on discussion with the developers, property owners,
the school representative and other interested citizens,
the following dates have received the most comments:
1. August 1981 - the effective date of
Measure "A", "The Greenbelt Initiative".
2. February 1986 - the date the Superior
Court declared Measure "A" in conflict with
State Annexation Laws.
3. September 1989 - the date the Appellate
Court upheld t e Superior Court decision.
4. 1990 - the date of the final adoption of
the updated Lodi General Plan.
24
Continued June 20, 1990`3
By choosing either the 1981 or 1986 dates the City would
provide growth far in excess of any previously experienced
in Lodi.
Using the Appellate Court date in 1989 would require
allocating two years (i.e. 1989-90 and 1990-91) which would
translate into 2032 additional people in 791 units.
Designating the date of the General Plan adoption would
yield a one year total of 1006 persons in 392 units.
Addressing the City Council regarding the matter and
representing a large group of developers and property
owners was Mr. Dennis Bennett, 777 South Ham Lane, Lodi.
Also addressing the Council regarding the matter and
responding to questions were:
a) Mrs. Maryjoan Starr, Facilities Planner,
Lodi Unified School District
b) Mr. J. Jeffrey Kirst, P. 0. Box 1259,
Woodbridge, CA
Following discussion, on motion of Council Member Olson,
Pinkerton second, the City Council determined that the
effective date of the City's Growth Management Plan would
be September 1989.
The motion carried by the following vote:
Ayes: Council Members - Olson, Pinkerton, Reid, and
Snider (Mayor)
Noes: Council Members - Hinchman
Absent: Council Members - None
MOKELUMNE RIVER NORTH
BANK LAND USE
CC -27(a) The City Council was advised that the Mokelumne River
CC -27(c) Conservation Alliance (MRCA) has been in existence over
the past six months and has gone from a single interest
organization to an Alliance addressing all the concerns of
the Mokelumne River. The committee would like to preserve
and/or have title to the north bank areas (land) that are
within the flood plain, from Highway 99 bridge to the
Woodbridge Dam. It is their thought that we encourage
limited access to the area -in fact, maybe all land in the
area except a small access park off of Highway 99 bridge
with this being the only area the public can use. This
area would accommodate parking, picnic, barbecue, swimming
and small boats (canoes, row boats) access to the river.
The rest of the Mokelumne north bank would not be developed
25
4�4
Continued June 20, 1990
for public access, but preservation of the land for
nonbuilding uses would be encouraged.
The Committee has met with Supervisor George Barber,
Community Development Director Schroeder, City Manager Tom
Peterson, County Planning Director Chet Davidson, and
County Parks and Recreation Director, Jim Leonard, and in
all cases received positive comments on the project. Mr.
Leonard of the County has gone so far as to say they (the
County) would take the lead in this whole project if
directed to do so by the County Board of Supervisors. The
County has the knowledge, background and wherewithal to put
together this project and see it to its development.
This matter comes to the City Council with a favorable
recommendation from the Parks and Recreation Commission.
The Commission is requesting that the City Council
incorporate language regarding this matter, to the extent
that it can, in the City's General Plan document. The
commission further recommends that the City Council request
the County Board of Supervisors to direct the County Parks
and Recreation Department to pursue such preservation
efforts, including the development of a master plan for
this area, and land acquisition where needed for either
public access or retention of open space.
The following persons addressed the City Council regarding
the matter:
a)
Jay Bell, 335 Louie Avenue, Lodi
b)
John Schmidt, 2216 West Walnut Street, Lodi
c)
Peter J. Jerome, U. S. Fish and Wildlife
Service
d)
Dan Gifford, California Department of Fish
and Game
e)
Janet Garr, Victor Fine Foods
f)
Dave Mende, Lodi Unified School District
g)
Sandi Stocker, P. 0. Box 673, Victor
h)
Art Hoffman, 2418 East Woodbridge Road,
Acampo
i)
Dan Collins, 945 South Ham Lane, Lodi
j)
Scott Essin, Parks Superintendent, City of
Lodi
26
Continued June 20, 1990
Im
Mayor Pro Tempore Hinchman moved that the City Council
approve the concept of the preservation of land in its
natural state along the north bank of the Mokelumne River
from the U.S. 99 overpass to the Woodbridge Dam, including
a public access park in that area. The motion was seconded
by Council Member Reid, but failed to pass by the following
vote:
Ayes: Council Members - Hinchman and Reid
Noes: Council Members - Olson, Pinkerton, and Snider
Absent: Council Members - None
Following additional discussion, Mayor Snider moved that
the City Council approve the concept of the preservation of
land in its natural state along the north bank of the
Mokelumne River from the U.S. 99 overpass to the Woodbridge
Dam, including the feasibility of a public access park in
the area west of the 99 overpass, namely the Mason property.
The motion was seconded by Council Member Olson and carried
by the following vote:
Ayes: Council Members - Hinchman, Olson, Snider and Reid
Noes: Council Members - Pinkerton
Absent: Council Members - None
APPLICATION FOR MOBILE
HOME PARK ASSISTANCE
PROGRAM LOAN APPROVED
CC -6 Community Development Director Schroeder advised the City
CC -25 Council that Homer Beldt presently holds a ground lease
on Casa de Lodi and has listed it for sale. The
occupants of the park (senior citizens) are concerned that
a sale will cause an increase in rents and force many of
them to move.
The State of California through the Department of Housing
and Community Development administers the Mobilehome Park
Assistance Program which is designed to help park occupants
purchase the park.
The Assistance Program requires that a local public entity,
if the loan is approved by the State, assumes the
responsibilities specified in Section 8018(c) of the
Mobilehome Park Assistance Program regulations and
certifies the following:
(1) that the project proposed in this
application was reviewed and determined to
27
49�
/ Continued June 20, 1990
be, or will be upon completion, consistent
with local zoning and land use policies if
approved by the local legislative body;
(2) that the project proposed in this
application complements the local housing
programs to preserve and increase the supply
of low -and moderate -income housing; and that
the statements in Attachment III -C.9. are
accurate;
(3) that a survey of the households residing in
the mobilehome park has been conducted and
no less than two-thirds of all the residents
support the project as proposed in this
application;.
(4)
that the statements concerning the potential
displacement of residents and of rents being
charged in comparable mobilehome parks in
the vicinity as stated in Section IV -B of
this application are accurate, feasible and
approved or will be approved by the local
public entity; and
(5)
that the local public entity has committed
to provide the financial and other
assistance specified in this application.
Although the act indicates that the local public entity can
make grants
or loans through Community Development Block
Grant or redevelopment
funds, the only assistance being
requested
at present is staff aid in application
preparation
and discussion with State officials.
It should
be noted, that if financial assistance were
requested,
the only funds Lodi has are Community
Development
Block Grant monies. These funds have already
been committed for Fiscal Year 1990-91.
Following discussion, on motion of Council Member
Pinkerton, Olson second, the City Council determined it
would serve as the Local Public Entity in assisting the
occupants of Casa de Lodi Mobilehome Park in purchasing
Homer Beldt's interest in the facility.
W
Continued June 20, 1990 'A7
PROPOSAL TO REFINANCE
LODI MEMORIAL HOSPITAL
BONDS AND RELEASE OF
CITY'S INTEREST THEREIN
RES. NO. 90-103
CC -6 The City Council was advised that the City of Lodi in 1979
lent its status as a municipal corporation to the Hospital
for the purpose of issuing certain revenue bonds with which
the emergency care wing was built. The City was in no way
a participant in this bond issue, and is not responsible
for either the principal or interest on these bonds. It
was simply necessary under Internal Revenue Service rules
for a public agency to "sponsor" such bonds.
Lodi Memorial Hospital is now attempting to refinance these
bonds with a private issue for the purposes of doing
further construction and the possible acquisition of
Doctors Hospital (although that is not a certainty at this
time). This requires the City's approval, since under the
original bond issue, it was stipulated that the City would
hold title to the emergency room facilities upon maturity
of the bonds in the year 2020. However, it was apparently
never contemplated that the City would actually take over
operation of this portion of the Hospital, now that we ever
intended to actually become involved in the running of the
facility. This was a mere formality, and the City is not
giving up anything of value by authorizing this transaction.
In effect, the Acquisition Agreement and Resolution operate
as a Quitclaim deed, simply conveying back to the Hospital
any and all right or title the City might have had to the
facilities upon the maturity of the bonds.
On motion of Council Member Reid, Hinchman second, the City
Council adopted Resolution No. 90-103, entitled, "A
Resolution of the Lodi City Council Authorizing the
Execution and Delivery of an Acquisition Agreement with the
California Health Facilities Financing Authority and
Certain Other Actions in Connection With the Transfer of
Title to Lodi Memorial Hospital".
AMENDED RATE SCHEDULE
FOR AMBULANCE SERVICE
IN THE CITY OF LODI
APPROVED
RES. NO. 90-104
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.
29
3
Continued June 20, 1990
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 the City Council's review
and is set forth below. Also presented for Council's
review 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 basic rate (Basic Life Support) for
emergency calls would be increased by approximately 9%.
The Advanced Life Support rate would also be increased by
approximately 9%, as would the Night Call extra charge and
Mileage charge. The rate for oxygen would increase 10%.
The new rate schedule would be effective July 1, 1990. The
last increase was effective August 10, 1989. The County's
plan is to review the ambulance rate schedule at mid -year
of each year. Previous reviews were toward the end of each
year.
LIFE MEDICAL INDUSTRIES, INC.
SERVICE RATE ADJUSTMENTS
Current Proposed
Service Rate Rate
------- -------- ----------
------- -------- ----------
Basic Life Support, Base Rate $170.00 $170.00
(Non -Emergency)
Basic Life Support, Base Rate $216.00 $236.00
(Emergency)
Advanced Life Support, Base Rate $375.00 $420.00
Night Call (7:00 p.m. to 7:00 a.m.) $46.00 $50.00
Oxygen $30.00 $33.00
Mileage $8.60 $9.00
919
Continued June 20, 1990
499
Following discussion, on motion of Council Member Olson,
Hinchman second, the City Council adopted Resolution No.
90-104 amending the rate schedule for ambulance service in
the City of Lodi.
ADOPTION OF URGENCY
MORATORIUM ORDINANCE ON
SECOND RESIDENTIAL UNITS
IN THE EAST SIDE REZONING AREA
ORD. NO. 1490
CC -53(a) The City Council was advised that at the Council meeting of
CC -149 April 4, 1990, the City Council adopted Ordinance No. 1481,
an urgency measure imposing a moratorium on construction of
second residential ("Granny Units") on R-1 lots in the
east side rezoning area. This was done because of concerns
about the capacity of water, wastewater, and storm drain
facilities serving this area. The action was felt
necessary by staff to allow time for identifying problems
and planning solutions.
The ordinance by its own terms was valid for 45 days unless
extended sooner by the Council following a public hearing.
That meant its expiration date was May 19, 1990 unless
acted upon by the Council.
The matter was inadvertently left off the May 16, 1990
Council agenda and thus has now lapsed.
Since a lapsed ordinance cannot be extended, if the Council
wants to continue the moratorium, it will be necessary to
adopt a new ordinance. Under Government Code Section
65858(a), this ordinance would be valid for 45 days. At
least 10 days before expiration, the Council must adopt a
report describing measures taken to alleviate the
conditions and may at that time extend the ordinance for up
to 22 months and 15 days or a lesser time if it is felt
appropriate. That could be done at the July 18, 1990
Council meeting.
Present estimates by Public Works and Community Development
indicate that it may not be necessary to have the
moratorium in place for the full period allowed by statute.
Following discussion with questions being directed to
staff, the City Council, on motion of Council Member Reid,
Olson second, adopted Urgency Ordinance No. 1490, entitled,
"An Uncodified Urgency Interim Ordinance of the Lodi City
Council Imposing a Moratorium on Second Units in the East
Side Rezoning Area".
The motion carried by unanimous vote of all Council Members.
31
540
Continued June 20, 1990
1990-91 OPERATING
BUDGET REVIEW
CC -21(b) Council Member Pinkerton moved for adoption of the proposed
1990-91 Operating Budget. The motion died for lack of a
second.
The City Council set over to the Special Meeting of June
21, 1990, its review of the City of Lodi 1990/91 Operating
Budget.
ORDINANCES
AMENDMENT TO LODI MUNICIPAL
CODE SECTION 15.20.220
REGARDING THE USE OF FIREWALLS
IN LIEU OF THE INSTALLATION
OF FIRE SPRINKLERS
ORD. NO. 1489 ADOPTED
CC -24(b) Ordinance No. 1489 entitled, "An Ordinance of the Lodi City
CC -149 Council Repealing Lodi Municipal Code Section 15.20.220 and
Reenacting a New Section 15.20.220" having been introduced
at a regular meeting of the Lodi City Council held June 6,
1990 was brought up for passage on motion of Mayor Pro
Tempore Hinchman, Reid second. Second reading of the
ordinance was omitted after reading by title, and the
ordinance was then adopted and ordered to print by
unanimous vote of the City Council
ADJOURNMENT There being no further business to come before the
City Council, Mayor Snider adjourned the meeting at
approximately 11:55 p.m. to June 27, 1990 at 7:30 p.m.
ATTEST:
Alice M. Rdimche
City Clerk
32