HomeMy WebLinkAboutMinutes - October 17, 1990V7
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 17, 1990
7:30 P.M.
ROLL CALL
INVOCATION
PLEDGE OF
ALLEGIANCE
PROCLAMATION
PRESENTATIONS
RED RIBBON WEEK
CC -37
NATIONAL BUSINESS
WOMEN'S WEEK
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 Deputy
City Clerk Perrin
The invocation was given by Assistant City Manager, Jerry
Glenn.
The Pledge of Allegiance was led by Mayor Snider.
Mayor Snider announced that October 21-28, 1990 will be
Red Ribbon Week in the City of Lodi and urged all citizens
to show their support and wear red ribbons.
Mayor Snider presented a proclamation recognizing National
Business Women's Week to Patti McCallister and Maria Elena
Serna of the National Federation of Business and
Professional Women. National Business Women's Week is
October 21-27, 1990.
AWARDS TO THE WINNERS
OF THE MAYOR'S CUP GOLF
TOURNAMENT
Mayor Snider presented awards, to the winners in the Mayor's
Cup Golf Tournament held Sunday, October 14, 1990. The
winners were as follows:
Virginia Green - Women's Low -Gross
Diane Coyner - Women's Calloway (Accepted by her daughter,
Cindy Cummings)
Mike Diserio - Men's Low -Gross
Steve Virrey - Men's Calloway
Dallas Daniel - Handicap
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128
Continued October 17, 1990
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Olson,
Pinkerton second, approved the following items hereinafter
set forth.
Further, the following agenda items were pulled from the
agenda.
a) E-11 entitled, "Improvement Agreement for
Locust Square II, 217 North School Street,
Lodi, California"; and
b) E-13 entitled, "Amendment to contract
between the Board of Administration of the
Public Employees' Retirement System and the
City Council of the City of Lodi pertaining
to third level of 1959 Survivor Benefits".
CLAIMS CC -21(a) Claims were approved in the amount of $2,441.568.16
MINUTES The Minutes of September 5, 1990 (Regular Meeting) and
September 19, 1990 (Regular Meeting) were approved as
written.
REPORT ON SALE OF
CITY PROPERTY
CC -20 In accordance with Lodi Municipal Code Section 2.12.020,
CC -47 a report of the sale of City property was submitted for the
City Council's information.
On October 2, 1990, one lot of scrap wire and metal was
sold to the high bidder, Robert Griffin (dba B & G
Machinery, Lodi) for the amount of $1,837.30.
During the course of operations the Electric Utility
Department accumulates scrap wire and metal. Approximately
twice a year these accumulations are offered for bids to
scrap metal dealers in the Lodi/Stockton/Sacramento area.
This latest offering yielded bids from LMC high bidder, B &
G Machinery of Lodi.
SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS -
STEEL LIGHT STANDARDS APPROVED
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 47 steel light
standards.
The Electric Utility Department has issued preliminary work
orders for the replacement of 39 steel light poles. Recent
K,
Continued October 17, 1990 J29
inspections and tests have revealed existence of metal
fatigue in some of the older standards in the street light
system. As a result, the Department is moving forward to
replace those poles with new, galvanized steel standards.
The additional eight poles would be placed in inventory to
provide immediate replacements for other poles found, in
the future, to be deficient.
The estimated cost of this purchase is $20,500, with
funding available in the Public Works/Street Light
Maintenance account.
The bid opening is scheduled for Tuesday, October 30, 1990.
SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS -
TURF FERTILIZER APPROVED
CC -12.1(c) The City Council approved the specifications and authorized
the advertisement for bids for the purchase of 20 tons of
Best "Turf Gold" slow-release fertilizer for use in various
City parks.
Each year the Parks Department purchases fertilizer for use
on the City's 208 acres of parks. Experience has shown
that Best Turf Gold yields a lower annual cost per acre due
to a longer nitrogen release time, requiring fewer
applications per year, than water-soluble or agricultural
blend fertilizer.
This purchase, having an estimated cost of $9,000, is
included in the Parks Department's 1990-91 budget.
The bid opening date has been set for Tuesday, October 30,
1990.
SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS
FOR LANE LINE PAINTING,
VARIOUS STREETS, 1990
APPROVED
CC -12.1(c) The City Council approved the specifications for Lane Line
Painting, Various Streets, 1990, Contract and authorized
advertising for bids to be received Wednesday, October 31,
1990.
This project provides painting of lane lines on arterial
and collector streets on an annual basis, and approximately
50 percent of residential streets. Should the actual bid
be less. than the amount budgeted, the difference will be
used to paint additional lane lines.
3
3.30
J Continued October 17, 1990
A recap of lane lines and quantities is shown below:
I ana I inac
Broken White/Yellow
Double Yellow
Eight -inch Solid White
Edge Line
Transitional
Two-way Left Turn
TOTAL MILES
PLANS AND SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS FOR
ZUPO FIELD BACKSTOP AND FENCING,
350 NORTH WASHINGTON STREET APPROVED
Miles
48.3
11.7
2.2
.2
.5
7.5
70.4
CC -12.1(c) The City Council approved the plans and specifications for
Zupo Field backstop, 350 North Washington Street, Lodi
project and authorized advertising for bids.
4
This project will replace the existing backstop at Zupo
Field with a higher backstop. The existing backstop has
been in use for many years and is in need of major
repairs. The new backstop will be 40 feet high and will
provide additional safety for the spectators. Ball clubs
playing in the park have also been complaining about foul
balls that are lost because our backstop is too low. The
40 -foot backstop will keep more balls in the field and save
teams the cost of replacing them. This project will also
install fencing around the left field bullpen area and the
field drinking fountains to provide additional protection
for the ball players.
APPROVED PURCHASE OF
1200 KVAR CAPACITOR BANKS
RESOLUTION NO. 90-158
CC -12(d) The City Council adopted Resolution No. 90-158 awarding the
CC -300 bid for the purchase of two 1200 KVAR Capacitor Banks to
the sole bidder whose proposal meets specifications, Cooper
Power Systems of Burlingame, in the amount of $7,843.38.
On August 15, 1990, the City Council approved
specifications and authorized advertisement for bids. Bids
were opened on September 5, 1990, but because of pricing
discrepancies and deviations to specifications, bids were
rejected by City Council action on September 19, 1990.
New bids were solicited and opened on October 3, 1990, with
the following results:
4
131
Continued October 17, 1990 1-1
General Electric Supply, Martinez $7,174.00
Westinghouse Electric, Concord $7,518.25
Cooper Power Systems, Burlingame $7,843.38
However, the Electric Utility Department Engineering staff
noted that both General Electric and Westinghouse failed to
meet specifications in construction material of the rack
assembly, quoting aluminum construction versus galvanized
steel as specified. As a result, the Engineering
Department has recommended that General Electric and
Westinghouse bids be disqualified, and that Cooper Power
Systems be awarded the bid.
The capacitor banks are planned for installation at various
locations throughout the City to increase electrical system
capacity and to maintain high service levels during periods
of peak demand.
Delivery would be fourteen weeks after placement of the
order.
Funding for this purchase is available in Electric Utility
Department's Operating Fund.
ACCEPTANCE IMPROVEMENTS
UNDER LODI LAKE PARK RESTROOM
IMPROVEMENTS (NORTH & SOUTH),
1301 WEST TURNER ROAD, CONTRACT
APPROVED
CC -90 The City Council accepted the improvements for the "Lodi
Lake Park Restroom Improvements (North & South), 1301 West
Turner Road" contract, and directed the Public Works
Director to file a Notice of Completion with the County
Recorder's office.
The contract was awarded to Diede Construction of
Woodbridge on March 7, 1990 in the amount of $232,261.00.
The contract has been completed in substantial conformance
with the plans and specifications approved by the City
Council.
The contract completion date was August 13, 1990, and the
actual completion date was August 23, 1990. The final
contract price was $230,426.00.
ACCEPTANCE OF IMPROVEMENTS
UNDER TYPE II SLURRY SEAL,
VARIOUS CITY STREETS, 1990
CONTRACT APPROVED
CC -90 The City Council accepted the improvements for "Type II
Slurry Seal, Various City Streets, 1990" contract and
1a2
Continued October 17, 1990
directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
The contract was awarded to Valley Slurry Seal Company of
West Sacramento on August 2, 1990, in the amount of
$40,657.99. The contract has been completed in substantial
conformace with the specifications approved by the City
Council.
The contract completion date was September 24, 1990, and
the actual completion date was September 19, 1990. The
final contract price was $40,657.90.
ITEM PULLED FROM AGENDA
IMPROVEMENT AGREEMENT FOR
LOCUST SQUARE II, 217 NORTH
SCHOOL STREET, LODI
CC -46 Agenda item E-11 entitled, "Improvement Agreement for
CC -300 Locust Square II, 217 North School Street, Lodi,
California" was pulled from the agenda.
ACCEPTANCE OF IMPROVEMENTS IN
BROOKSIDE TERRACE, 2250 SCARBOROUGH
DRIVE APPROVED
RESOLUTION NO. 90-159
CC -46 The City Council adopted Resolution No. 90-159 accepting
CC -300 the subdivision improvements included in Brookside Terrace,
Tract No. 2309, as filed on August 14, 1989, in Volume 29,
Page 98, Book of Maps and Plats, San Joaquin County Records.
Improvements in Brookside Terrace have been completed in
substantial conformance with the requirements of the
Subdivision Agreement between the City of Lodi and FCF
Properties dated July 25, 1989, and as specifically set
forth in the plans and specifications approved by the City
Council.
No streets are being dedicated in this subdivision.
ITEM PULLED FROM AGENDA
AMENDMENT TO CONTRACT BETWEEN
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF LODI
PERTAINING TO THIRD LEVEL OF 1959
SURVIVOR BENEFITS
Agenda item E-13 entitled, "Amendment to contract between
the Board of Administration of the Public Employees'
R
Continued October 17, 1990
J33
Retirement System and the City Council of the City of Lodi
pertaining to third level of 1959 Survivor Benefits was
pulled from the agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
COMPLAINT FROM CITIZEN
REGARDING U-TURNS
CC -16 Council Member Olson commented on a call she received from
a local citizen with a complaint that the police are not
strict enough when it comes to vehicles making U-turns in
the middle of the block. Council Member Olson urged the
citizens of the City of Lodi to be more careful and not
make these U-turns.
UPDATE ON DIBROMOCHLOROPROPANE
(DBCP)
CC -183(a) Council Member Olson requested a report regarding the
status of the loan for Dibromochloropropane (DBCP). City
Manager Peterson informed her that the loan has been
approved. The Council then directed the Public Works
Director to provide an update at the next meeting for
action by the City Council.
FELLOWSHIP IN ACTION
PROJECT ON SACRAMENTO STREET
Council Member Olson, who is a member of Fellowship in
Action, informed the public of the project the group is
currently involved in on Sacramento Street and invited the
public to a work party Saturday, October 27, 1990 to clean
up the area around the facility. Council Member Olson also
mentioned the project could use more volunteers.
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:
VISION 2000: A BLUEPRINT
FOR THE FUTURE
Mr. Walter Pruss, 2421 Diablo Drive, Lodi, commented on the
workshop he recently attended in Stockton regarding "Vision
2000: A Blueprint for the Future". He feels this is a very
worthwhile plan and would like to see the City get involved
with it. Mayor Snider informed Mr. Pruss that the City has
approved this plan in concept, and City Manager Peterson
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134
i
I/ / Continued October 17, 1990
will make a copy of this plan available in the Lodi Library
for public review.
CONCERN REGARDING REMOVAL OF
OAK TREES ALONG VICTOR ROAD
CC -16 The following people spoke regarding the saving of the oak
CC -49 trees along Victor Road and requested that a Historic
Preservation of Trees Ordinance be introduced to save the
remaining trees and others like them.
1. Barbara Graham, Teacher, Lodi High School, 3
South Pacific, Lodi, California;
2.
3.
4.
Gypsy Andrews, Senior, Lodi High School, 3
South Pacific, Lodi, California;
Amy Lung, Senior, Lodi High School, 3 South
Pacific, Lodi, California; and
Elizabeth Baker, 321 Donner, Lodi,
California.
Barbara Graham submitted for Council's information letters
from students of Lodi High School, which copies are on file
in the City Clerk's office. Also submitted for the
Council's review was an article appearing in the Flames
Newsletter, written by Lodi High School Senior, Gypsy
Andrews, as shown below:
STUDENTS PROTEST DESTRUCTION OF TREES ALONG VICTOR ROAD
A new development in progress on Victor Road has led to the
chopping down of trees, causing environmental awareness to
rise among Lodi citizens.
The development, sponsored by Dart Container, Ted Molfino,
and Teresi Trucking, is required by the City to have curbs
and sidewalks installed as with other developments. This,
in essence, will bring the removal of an entire row of
historic trees, three of which have already been cut down.
LHS teacher, Barbara Graham, has made several phone calls
to the City of Lodi and to Assistant City Engineer, Richard
Prima, in regard to her concern about the utter demolition
of the trees. The response Graham received from Prima was
in a tone of "arrogance" and proved to be of no effect due
to his difference of opinion in the matter. However, Alice
Reimche, City Clerk, gave Graham some new enlightenment of
the trees' history. Graham was told that the line of trees
along Victor Road is the longest row of any trees existing
in the United States. Thus the destruction of the trees
would bring a great loss to priceless historical monuments.
Continued October 17, 1990
135
Dawn Litton, LHS senior, also understands this loss. "When
I was a little girl, my family and I would stop and get
mistletoe at Christmas time from those trees. It's
disappointing to me. Progress shouldn't bring destruction."
Not only would the loss of these trees bring a loss to
history, but also a loss to one vital aspect in the circle
of life: the release of oxygen into the atmosphere through
photosynthesis. If trees continue to be chopped down in
order that progress be made, the world's supply of oxygen
will slowly be depleted. This is an environmental fact by
which Lodi citizens must take heed and speak out against
threats to the system. The opportunity in which to do so
will be on October 17, 1990 at the next City Council
meeting. Concerned students and residents should make it a
point to attend so as to impede further destruction in
their City and in their environment.
Angry students and teachers from LHS intend to make
speeches at the City Council meeting concerning the
situation, pointing out two alternative solutions to the
tree problem. The other solutions (other than removal)
include either rerouting the water system so as not to
interfere with the trees' routes, or to simply build the
sidewalks around the trees.
It is a known fact that in larger metropolitan areas,
efforts have been made to save trees by doing just that.
Also, the sidewalk at Hutchins Street Square has managed to
have been built around the trees in order that they might
be salvaged. Both are viable options to the developers.
Concerned residents aimed at putting a stop to the tree
chopping might find reassurance in the following:
° Sonoma County residents saved many trees
which grew along the Russian River just last
year by protesting their opinion.
The same company, Teresi Trucking, which is
involved in the Victor Road incident, tried
to do the same thing last year in the
Clements area. The progressive development
was stopped, once again due to angry
residents who made clear their stand.
However, if a stand is not made now, it will soon be too
late to save the trees and the teens of today will inherit
an earth of devastation and decay. Responsibility should
be taken by all.
The City Council directed the Public Works Director to
ensure that no trees be cut down before the approval of the
project by the City Council.
E
136
Continued October 17, 1990
EXECUTIVE SESSION
CC -200(d) The City Council adjourned to an Executive Session
regarding the following matter:
1. Litigation - City of Lodi vs Diekman et al
At approximately 8:15 p.m. the City Council returned and on
motion of Mayor Snider, Mayor Pro Tempore Hinchman second,
it voted unanimously to settle with the Diekmans as
indicated in the settlement agreement.
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 following
Public Hearing:
1. To consider the Planning Commission's
recommendation to prezone the Industrial
Substation site and the remaining Diekman
Parcel, 5200 East Sargent Road (APN
049-070-02) to M-2, Heavy Industrial
(continued public hearing from September 19,
1990 and October 3, 1990)
RECOMMENDATION TO PREZONE THE
INDUSTRIAL SUBSTATION SITE AND
THE REMAINING DIEKMAN PARCEL,
5200 EAST SARGENT ROAD TO
HEAVY INDUSTRIAL
ORDINANCE NO. 1499 INTRODUCED
CC -53(a) Community Development Director Schroeder presented the
CC -149 staff report requesting that the City Council prezone the
8.1 acre Industrial Substation site and the 7.1 remaining
Diekman Parcel both located at 5200 East Sargent Road (APN
049-070-02) to M-2, Heavy Industrial.
As part of the City's settlement with the Diekman heirs, it
agreed to prezone and annex the remainder parcel at the
same time the substation site was prezoned and annexed.
The M-2 zoning is in conformity with the General Plan.
Although City owned property is not normally shown in a
specific zoning classification, San Joaquin LAFCO requires
that prezoning occur before an annexation can proceed.
Mayor Snider opened the hearing to the public. There being
no persons in the audience wishing to speak on the matter,
the public portion of the hearing was closed.
10
Continued October 17, 1990
There being no further questions from the Council, on
motion of Council Member Reid, Olson second, the City
Council unanimously introduced Ordinance No. 1499 entitled,
"An Ordinance of the Lodi City Council Amending the
Official District Map of the City of Lodi and Thereby
Prezoning the 8.1 Acre Industrial Substation Site and the
7.1 Acre Remaining Diekman Parcel, Both Located at 5200
East Sargent Road (APN 049-070-02) to M-2, Heavy
Industrial".
RECOMMENDATION TO AMEND
THE LODI MUNICIPAL CODE
TITLE 17 - ZONING - SECTION
17.69.020 REGARDING NONCONFORMING
BUILDINGS
ORDINANCE NO. 1500
CC -53(a) Notice thereof having been published according to law, an
CC -149 affidavit of which publication is on file in the office of
the City Clerk, Mayor Snider called for the following
Public Hearing:
1. To consider the Planning Commission's
recommendation to amend Lodi Municipal Code
Title 17 - Zoning - Section 17.69.020
regarding nonconforming buildings.
Community Development Director Schroeder presented the
staff report to Council to consider the Planning
Commission's recommendation that Lodi Municipal Code Title
17, Zoning, Section 17.69.020 regarding nonconforming
buildings be amended to include the following:
"D. Notwithstanding subsection (c) above,
any residential structure legally existing
as a nonconforming use on October 1, 1990 in
any Industrial ("M") zone may be rebuilt or
restored if damaged or destroyed by fire,
other calamity, or act of God, provided that
such restoration or rebuilding is commenced
within six months of such damage or
destruction. However, such rebuilt or
restored structure shall not exceed the
square footage of the original structure and
shall otherwise conform to all applicable
building regulations for residences."
In June of this year, Loretta Churchill corresponded with
the Planning Commission concerning a dwelling she owned at
609 South Sacramento Street and her problems in selling the
property because of lenders' conditions for loaning on the
parcel.
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138
J Continued October 17, 1990
The Planning Commission instructed the staff to prepare a
zoning study of the South Sacramento Street area. A copy
presented for Council's information is on file in the City
Clerk's office. After reviewing the study, the Planning
Commission asked the City Attorney to prepare an amendment
to the Zoning Regulations which would accomplish Option 3
as discussed in the staff study.
The amendment has received widespread support from the
property owners in the study area.
Questions were directed from the Council to the Community
Development Director.
Mayor Snider then opened the hearing to the public.
The following person spoke in favor of the amendment of the
Lodi Municipal Code Title 17 - Zoning - Section 17.69.020:
1) Loretta Churchill, 1513 South Pleasant
Avenue, Lodi, California.
There being no further questions from the public, Mayor
Snider then closed the public portion of the hearing.
On motion of Council Member Pinkerton, Hinchman second,
Council unanimously introduced Ordinance No. 1500 entitled,
"An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 17 - Zoning - Section 17.69.020 by
Adding Thereto a New Subsection 'D' Relating to
Nonconforming Buildings".
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
October 8, 1990.
ITEMS OF INTEREST
CC -35 The Planning Commission -
1. Denied the following requests of David F. Hoover:
a. to amend the Land Use Element of the Lodi
General Plan by redesignating 220 South
California Street from Residential to Office
Institutional.
b. to rezone the parcel at 220 South California
Street from R-1*, Single -Family Residential
Eastside, to R -C -P,
Residential -Commercial -Professional.
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Continued October 17, 1990
9
2. Took no action on the Negative Declaration filed by the
Community Development Director on the requests of David F.
Hoover for a General Plan Amendment and Rezoning at 220
South California Street.
3. Conditionally approved the request of Steven E. Pechin,
Baumbach and Piazza, Consulting Engineers on behalf of
Craig Graham, DMD, for the Tentative Subdivision Map of
Graham Park, a proposed one -lot office condominium at 1210
West Tokay Street in an area zoned R -C -P,
Residential -Commercial -Professional.
4. Agreed to vary the Off -Street Parking Design Standards by
reducing the required parking space length at 239 stalls
(16% of total stalls) to be used by mid-sized automobiles
at Sunwest Plaza Shopping Center at the southeast corner of
Kettleman Lane and Lower Sacramento Road in an area zoned
C -S, Commercial Shopping as requested by Nadel Partnership
Inc. on behalf of Lodi Plaza, a California Limited
Partnership.
5. Conditionally approved the request of Nadel Partnership,
Inc. on behalf of Lodi Plaza, a California Limited
Partnership, for a Use Permit for approval of the site plan
and building elevations of Sunwest Plaza Shopping Center at
the southeast corner of Kettleman Lane and Lower Sacramento
Road in an area zoned C -S, Commercial Shopping.
COMMUNICATIONS
(CITY CLERK)
ABC LICENSE
APPLICATIONS The City Council received the following Alcoholic Beverage
Control License Application:
CC -7(f)
1. Carmen M. Warner, Bumble Bee Inn, 20 North
Main Street, Lodi, On Sale Beer, Person to
Person Transfer.
LETTER OF COMMENDATION
REGARDING CITY EMPLOYEE,
RANDY MCVINNIE
CC -9 Deputy City Clerk Perrin presented to the City Council a
CC -34 letter, set forth below, received from Mr. Terry Piazza
commending City of Lodi employee, Randy McVinnie of the
Public Works Department, for his brave action in
apprehending a thief and holding him until the police
arrived.
Dear Mr. Mayor:
Last week, I believe the 11th, while we were gone, my
garage was entered and my grandson's bike was stolen. This
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Continued October 17, 1990
is a daily occurrence, unworthy of note, except for one
unusual item.
Mr. Randy McVinnie, a Public Works Department employee, saw
the bike being taken away. He acted in a way that
exemplifies him as a man with great integrity.
He apprehended the thief and held him for the police; an
act that these days could be very dangerous.
In these times of "let George do it", and "I don't want to
get involved", he took it upon himself to act. I commend
him as an example to us all.
Mr. McVinnie is a credit to the City as a fine example of a
public employee, and as a citizen.
Please attach this letter of commendation to Mr. McVinnie's
personnel file.
Terry Piazza
Secretary Treasurer
REGULAR CALENDAR
REVIEW OF STATE BALLOT
PROPOSITIONS 126 AND 134
CC -18 City Attorney McNatt reminded Council that at an earlier
CC -28 City Council meeting, Mayor Pro Tempore Hinchman requested
that at a Council meeting prior to November 6, 1990 a
discussion and review be held regarding Proposition 126 and
Proposition 134.
A summary of the propositions was presented by the City
Attorney as follows:
PROPOSITION 126 - The Alcohol Abuse and Drug Education
Tax Act of 1990.
Imposes excise tax and excise surtax on beer, wine and
distilled spirits, as specified, that would supercede such
taxes previously imposed and would be in lieu of all
county, city or district taxes on the sale of alcoholic
beverages.
Placed on Ballot By: ACA 38 (Cortese).
Arguments For:
1. The measure, supported by a broad bipartisan
coalition of educators, alcohol abuse s
experts, taxpayer advocates, farmers, and
other community leaders, would help prevent
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Continued October 17, 1990
alcohol abuse among children by allocating
nearly $1 billion to schools over a 10 -year
period.
2. Funds raised by this measure could be used
effectively in such programs as hiring new
officers to increase drunk driving patrols;
treating alcoholics in trauma centers and
mental health facilities; curing alcoholics
in rehabilitation and recovery programs; and
stepping up the war on illegal drug use and
alcohol abuse.
3. The money raised by this proposition comes
strictly from a tax on beer, wine and
distilled spirits; not one penny comes from
income, sales or other taxes.
Arguments Against:
1. New tax revenues from this measure will be
deposited in the state general fund, to be
spent at the discretion of the State
Legislature.
2. Nothing will be done to address the negative
impacts and costs of alcohol abuse to
California taxpayers.
3. This initiative does not guarantee funding
for alcohol and drug use education, programs
affected by alcohol abuse or enforcement of
drunk driving laws.
League of California Cities Policy Committees' (Community
Services, Public Safety, and Revenue and Taxation)
position: oppose
California Chamber of Commerce's position: support
A copy of the full text of information concerning this
proposition as contained in the California Ballot Pamphlet
for the November 6, 1990 General Election is on file in the
City Clerk's office.
PROPOSITION 134 - Alcohol Surtax Fund. Initiative
Constitutional Amendment and Statute.
Imposes an additional tax on alcohol products (5 cents per
12 ounces of beer, five ounces of wine, three ounces of
fortified wine, one ounce of distilled spirits and an
additional per unit floor stock tax). Resulting revenues
would be deposited in the newly created Alcohol Surtax Fund
to be appropriated for, among other things, alcohol and
15
14Z
i� Continued October 17, 1990
drug abuse prevention, treatment and recovery programs,
emergency medical care, community mental health programs,
child abuse and domestic violence prevention training and
victim service, alcohol and drug-related law enforcement
costs. The funds are to be supplemental and not meant to
replace existing funds. This measure is also called the
Connelly initiative.
Proponent: Andrew McGuire.
Arguments For:
1. Approximately 33 percent of all mentally ill
and homeless persons also have alcohol and
drug problems.
2. This measure targets the heavy drinkers, the
drunk drivers and alcohol abusers who cause
most of the deaths and injuries attributable
to alcohol.
Arguments Against:
1. Proposition 134 continues the trend toward
ballot box budgeting by earmarking the funds
it raises.
2. This measure penalizes all Californians by
locking in $1.2 billion in current state
spending and relying on tax increases to
fund annual budget increases.
League of California Cities Policy Committees' (Community
Services, Public Safety, Revenue and Taxation) position:
support
California Chamber of Commerce's position: oppose
A copy of the full text of information concerning this
proposition as contained in the California Ballot Pamphlet
for the November 6, 1990 General Election is on file in the
City Clerk's office.
Following questions from the Council Members, the following
people from the audience spoke in favor of Proposition No.
126:
1. Tom Hoffman, 10112 East Woodbridge Road,
Acampo, California;
2. John Ledbetter, 833 Wightman Drive, Lodi,
California;
16
Continued October 17, 1990
3.
4.
5.
6.
LAQ
� V
Brad Alderson, General Manager, Mondavi
Winery, P.O. Box 1260, Woodbridge,
California;
Mark Gabrielli, Guild Winery, 1910 Windy
Tree Lane, Lodi, California;
Tamara Lucas, 18196 North .Davi s Road, Lodi,
California;
Steve Manildi, 1114 Devine Drive, Lodi,
California; and
There being no questions from Council, on motion of Council
Member Reid, Hinchman second, Council unanimously voted to
adopt Resolution No. 90-160 originating the annexation
proceedings for the Industrial Substation and the remaining
Diekman parcel.
17
7. Joe Cotta, 9414 Kost Road, Lodi, California.
After further discussion among the Council and those who
spoke in favor of Proposition No. 126, the Council on
motion of Mayor Pro Tempore Hinchman, Reid second, voted
unanimously to support Proposition No. 126.
ORIGINATED ANNEXATION
PROCEEDINGS FOR
THE INDUSTRIAL
SUBSTATION AND
THE REMAINING
DIEKMAN PARCEL
RESOLUTION NO.
90-160
CC -8(a)
Community Development Director Schroeder presented the
CC -300
staff report requesting the City Council to adopt
Resolution No. 90-160 originating the annexation of the 8.1
acre Industrial Substation site and the remaining 7.1 acre
Diekman parcel (i.e. Industrial Substation Addition).
The combined parcels are adjacent to the City limits on the
north, west and south. As a part of the settlement with
the Diekman heirs, the City agreed to annex the remainder
parcel at the time the substation site was added to the
City.
It is in the City's best interest to annex City owned
property whenever possible.
There being no questions from Council, on motion of Council
Member Reid, Hinchman second, Council unanimously voted to
adopt Resolution No. 90-160 originating the annexation
proceedings for the Industrial Substation and the remaining
Diekman parcel.
17
144
Continued October 17, 1990
REALLOCATED 1990-91
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO PROVIDE FUNDING
TO ASSIST SENIOR SERVICE AGENCY
RESOLUTION NO. 90-161
CC -55 Community Development Director Schroeder presented the
CC -300 staff report and asked that Council adopt Resolution No.
90-161 reallocating $16,450.00 of the 1990-91 Community
Development Block Grant funds to the Senior Service Agency
from Grant Administration, $6,450.00; and Public Safety
Program, $10,000.00.
The Senior Service Agency, a county -wide organization based
in Stockton, has requested $100,000.00 from the Urban
County, Community Development Block Grant funds. The funds
are to go towards the construction of a new kitchen
facility replacing an outdated, unsanitary one which has
been condemned by the State Department of Health.
Y Lodi's share of the request is based on the Urban County
Allocation formula. The allocation ratio is shown on the
letter from Rene Jackson, San Joaquin County Block Grant
Administrator, which is on file in the City Clerk's
office. The proposed funding of $6,450.00 from Grant
Administration is money not spent in 1989-90 fiscal year.
The $10,000.00 from the Public Safety Program is an
estimated surplus from the Eastside alley striping program.
Below is the benefit received from the Senior Service
Agency by the City of Lodi and surrounding areas stated in
numbers of meals served and in dollars.
In Home/month Congregate/month $
Lodi 2835 meals 1470 meals $18,019.00
Surroundinq 105 meals *735 meals $ 4,009.00
* Woodbridge only
$4.91 per congregate meal/$3.81 per in-home meal
The congregate meals are served at Loel Center and the
Woodbridge Grange Hall.
Speaking in favor of the reallocation of the CDBG funds to
assist the Senior Service Agency was the following:
Continued October 17, 1990
145
1. Don Ochs, Senior Citizens Commission, 1812
Burgundy Drive, Lodi, California.
On motion of Mayor Pro Tempore Hinchman, Pinkerton second,
the Council voted unanimously to adopt Resolution No.
90-161 reallocating the 1990-91 Community Development Block
Grant Funds to provide funding to assist Senior Service
Agency.
CLOSED SESSION At approximately 9:25 p.m., the City Council adjourned to a
closed session regarding the following matter:
CC -200(a)
1. Personnel - Labor Negotiations
The City Council reconvened at approximately 10:09 p.m. No
formal action was taken by the City Council
ADJOURNMENT There being no further business to come before the
City Council, Mayor Snider adjourned the meeting at
approximately 10:10 p.m.
ATTEST:
i e Perrin
eputy ity Clerk
for Alice M. Reimche
City Clerk
19