HomeMy WebLinkAboutMinutes - November 28, 1990 (5)CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 28, 1990
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Olson, Reid,
Pinkerton and Snider (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
INVOCATION The invocation was given by Pastor Bill Crabtree,
Emanual Lutheran Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Snider.
ALLEGIANCE
PRESENTATIONS
CHECK RECEIVED FROM THE
OLD LODI HIGH SCHOOL SITE
FOUNDATION FOR WILLIAM G. HOLZ
SENIOR COMPLEX PROJECT
CC -27(e) Dennis Bennett, Chairman, Old Lodi Union High School Site
Foundation presented the City of Lodi with a check in the
amount of $161,364.19 for its portion of the final costs
for the William G. Holz Senior Complex Project. Mayor
Snider expressed the Council's sincere appreciation for the
Foundation's ongoing efforts.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Reid,
Olson second, approved the following items hereinafter set
forth, with the exception of agenda item E-16 "Intention to
vacate the public utility easement at 405 North Pacific
Avenue" which was removed from the agenda.
****************************************
CLAIMS CC -21(a) Claims were approved in the amount of $1,968,956.69.
MINUTES There were no minutes presented for Council approval.
PUBLIC HEARINGS CONTINUED
CC -6 The following public hearings which had previously been set
for December 5, 1990 were continued to December 19, 1990:
1
Continued November 28, 1990
a) to consider the appeal of J. J. S. Warehouse
to the Notice of Fire Hazard and Order to
Abate Issued by the Lodi Fire Department on
September 28, 1990.
b) 7:30 p.m. public hearing to obtain
citizens' comments on transit needs within
the City of Lodi.
SPECIFICATIONS FOR ONE
THREE -REEL TURRET TRAILER
FOR THE ELECTRIC UTILITY
DEPARTMENT APPROVED
CC -12.1(b) The City Council approved the specifications for the
purchase of one three -reel Turret Trailer and authorized
the advertisement for bids.
This wire and cable trailer will replace an existing
trailer in the Electric Utility Department. Funding for
this purchase was included in the Department's 1990-91
fiscal year budget. The estimated cost is $35,000.
The bid opening date has been set for December 18, 1990.
SPECIFICATIONS FOR BIDS
FOR WELL DRILLING, WELL #24,
640 NORTH STOCKTON STREET
(NORTH OF GRAPE BOWL STADIUM)
CC -12.1(c) The City Council approved the plans and specifications and
authorized advertisement for bids for Well Drilling, Well
24, 640 North Stockton Street (North of Grape Bowl Stadium).
This well site is located on Stockton Street in an unused
portion of City property between the Grape Bowl and the
parking lot north of it. Analysis of test well water
samples has shown no detectable levels of DBCP. The
project consists of drilling a municipal water well to a
depth of 473 feet. The development of the site and
purchase of pumping equipment will be handled by separate
contracts at a later date.
PLANS AND SPECIFICATIONS FOR
TRAFFIC SIGNAL AND LIGHTING
INSTALLATION AT LODI AVENUE/LOWER
SACRAMENTO ROAD
CC -12.1(c) The City Council approved plans and specifications and
authorized advertisement for bids for Traffic Signal and
Lighting Installation at Lodi Avenue/Lower Sacramento Road.
This project includes the installation of a traffic
actuated signal at Lodi Avenue and Lower Sacramento Road
2
Continued November 28, 1990
using Federal (FAU) funds. The signal will include left
turn phases on each approach as well as intersection
lighting and pedestrian signals.
Ih accordance with Federal rules, the contract estimate is
not public. The total appropriation for the project is
$90,000.
Since the longer bid time required by Federal rules would
place the bid opening in the Christmas holidays, the bid
opening has been set for after the first of the year.
Award cannot be made until Caltrans reviews the bids and
approves the award.
PURCHASE OF OILS AND
LUBRICANTS
RESOLUTION NO. 90-174
CC -12(d) The City Council adopted Resolution No. 90-174 authorizing
CC -300 the purchase of the annual requirement of various oils and
lubricants from two bidders, Mel Bokidas Petroleum of
Stockton and Roberts Petroleum Service of Lodi.
On September 4, 1990, the City requested informal bids for
annual requirements of oil and lubricants, anticipating
that the total dollar amount bid for annual quantities
would be under $5,000.
Bids were received from five bidders and opened on
September 12, 1990. Results of the bids are shown below.
I TEN B.G. STOCKING ROBERTS PET. BOKIOES PET. BOx10E5 PET. J. THORPE OIL.
.0 /DESCRIPTION vACAVILLE LODI STOCKTON STOCKTON LODI
(EST. ANNUAL ____ _____
REQMNT) (a) 810 01 910 12
___________________________ _____________ _____________ _____________ -------------
1. MOTOR OIL, ISN/40 S2.49/GAL 52.79/GAL 52.92/CAL 5Z.62/GAI. 53.59/GAL
SF.Cf/CD- 2 SG CHEVRON RPM CHEVRON TEXACO URSA CITGO SUO API SG.91BN
(1,200 GAL/YEAR) DELO 15/40(b) OELO 15/40(6) LS/4U 15/40(c) 15/40
2. RANDO132 OIL 2-24/GAL 2.37/GAL 2.76/GAL 1.99/GAL 2.99/GAL
(220 GAL/TEAR) CHEVRON AN 32 CHEVRON AH 32 RANDO 132 CITGO AW132 HYDR/TURBINE
432
3. AUTOTRANS. OIL 2.18(GAL 2.75/GAL 3.54/GAL 2.49/GAL 1,49/CAL
DEXiRON It CHEVRON ATF MOBIL TEXACO AfF CITGO ATF UNITRAN
(165 GAL/YEAR) DEMON It MULTI-PURPOSE OEXTRON 11 OEXTRON it DEXTRON 11
4. AUTO. TRANS OIL 2.69/GAL 2.75/G41. 3.54/GAL 2.49/GAL 3.49/CAL
TYPE F CHEVRON ATF MOBIL TEXACO ATF CITGO AIF UNITRAN
(100 GAL/YEAR) SPECIAL MULTI-PURPOSE TYPE F TYPE F MERCON (d)
S. HYDRAULIC FLUID 7.34/GAL7.14/GAL 7.78/GAL NO PRODUCT NO PRODUCT
TYPE E CHEVRON AV- CHEVRON TYPE E TEXACO TYPE E
(55 GAL/YEAR) IIYD. TYPE E
6. HYDRAULIC OIL 2.24/GAL 2.12/GAL 2.76/GAL 1.997r 1L 2,99/CAL
ROF-ISO 146 CHEVRON HVDR. CHEVRON TEXACO 046 NOT SPECIFIED HIURAHL IC.
(2 20
GAL/YEAR) AW 946 AW 046 (e) TURBIIIL 446
7. GEAR LIM .478/1.9 .496/1.8 .550/LB NO PRODUCT .660/LB
SAE BOW -90 EP CHEVRON UNIV. CHEVRON UNIV. TEXACO 8OW-90 NOT SPECIFIED
1110 GAL/YEAR) GL 80-90 GL 80-90
B. ALL-PHRPOSE .759/1.8 .760/L8 .820/LO 140 PRODUCT 1.010/18
WHEEL/CHASSIS CHEVRON CHEVRON TEXACO ALL- HOLY E.P--2
GREASE (240 LB/YR) MULTI-MO11VE POLYUREA 1.2 PURPOSE 41917 GREASE
9. SOLVENT. STODDARD 1.97/GAL 1.65/GAL 1 JB/GAL NO PRODUCT 2.29/GAL
OU ICK -DRY CLEANING CHEVRON ASHLAND STODDARD
(I65 GAL/YEAR) SOLVENT 350 140F (f) STODDARD SOLVENT
ESTIMATED TOTAL ANNUAL
COST OF ITEMS AWARDED: $1,095.06 $3,797,10 51,097.65
FOOTNOTES: (4) B.C. STOCKING, 810 SUBMITTED WITH THE CONDITION THAT AWARD BE 'ALL OR NOW
(b) CHEVRON RPM DELO NOT RECOMMENDED BY CHEVRON FOR INDUSTRIAL USE
(CI CIFCO BRAND MOTOR OIL NOT CONSIDERED EQUIVALENTS OF CHEYRON OR TEXACO FOR CITY USE
(d) ESIIMATED SAVINGS OF 16.00 PER YEAR DOES NOI JUSTIFY PROCESSING OF A SEPARATE ORDER
(e)
It
PRODUCT INFORMATION TO EVALUATE 010
(f) CHEVRON 140F SOLVENT NOT CONSIDERED BY CHEVRON TO BE A QUICK -CRY SOLVENT
I
104
Continued November 28, 1990
The low bidder for motor oil, gear lube, and all-purpose
grease, B.C. Stocking of Vacaville, requested an
all -or -nothing award but failed to meet the specifications
for the 15-40W Motor Oil.
The second low bidder for motor oil, Mel Bokidas
Petroleum, Bid #2, also failed to meet specifications for
motor oil, but did submit low bids for the #32 Oil and
Automatic Transmission Fluid.
Roberts Petroleum Service met specifications for Hydraulic
Fluid Type E, Hydraulic Oil ROF-ISO #46, 80-90W Gear
Lube, and Wheel and Chassis Grease, but failed to meet
specifications for the 15-40W Motor Oil, the Automatic
Transmission Fluid, and the Stoddard Solvent.
Mel Bokidas Petroleum, Bid #1, met the specifications
for the 15-40W Motor Oil and the Stoddard Solvent.
It was recommended that the City Council award bid items 1,
2, 3, 4, and 9 to Mel Bokidas Petroleum, and award bid
items 5, 6, 7, and 8 to Roberts Petroleum.
Because of the volatile Mid -East situation, neither
supplier is able or willing to lock in a fixed price, but
both agree to pass on only verifiable manufacturers'
increases.
The bids and this proposal have been reviewed by the City
Attorney and the Purchasing Officer.
REPORT REGARDING SALE
OF CITY PROPERTY
CC -6 The City Council was advised that the following items of
CC -12(d) City property have been sold within the last thirty days:
CC -47
11/8/90 1 Well Pump, Motor, & Tank $125.00
On March 21, 1990, the City Council approved the sale and
removal of a house and garage on City property located at
12001 N. Thornton Road. Responsibility for removal of the
well remained with the City.
Last month, an offer to buy the pump, motor and tank was
received from Bechthold & Kirshenman, the company currently
leasing the agricultural land at White Slough. The offer
included cash compensation of $125 and removal of the
building in which the equipment was housed. On November 8,
1990, the offer was accepted.
4
Continued November 28, 1990
SALE OF SURPLUS VEHICLES
AND EQUIPMENT
•
• r
CC -6 The City Council approved the sale of surplus vehicles and
CC -12(d) equipment and authorized advertising for bids.
CC -47
The vehicles and equipment listed below have been removed
from service and are of no use to the City. It is proposed
that we sell these items at the minimum bids proposed.
Quantity Item Proposed Minimum Bid
318 Dodge Engines 250.00 each
Dodge Diplomat Differentials 75.00 each
1965 Ford F-100 Pickups 1,000.00 each
1984 Ford Escort 1,000.00
1982 Mercury Lynx 600.00
1981 Mercury Futura 800.00
1980 Chevrolet Citation 700.00
1982 GMC S15 1,600.00
1982 Chevrolet Impala 600.00
1979 Ford Granada 300.00
1984 Ford LTD 400.00
1980 Oldsmobile Cutlass 1,200.00
1980 Buick Regal 500.00
1981 Chevrolet Citation 700.00
1981 Chevrolet Impala 800.00
1978 Ford F100 1,200.00
1979 Mercury Zephyr 300.00
1982 Dodge Diplomat 400.00
1978 Chevrolet Nova 600.00
1981 Chevrolet Monte Carlo 1,100.00
1979 Chevrolet Monte Carlo 1,000.00
1979 Chevrolet Caprice 400.00
1979 Chevrolet Caprice 500.00
1986 Chevrolet Camaro 1,000.00
1979 Chevrolet Malibu Wagon 900.00
1985 Chevrolet Caprice Wagons 1,000.00 ea.
Quantity Item Proposed Minimum Bid
1 Pneumatic Coats 20/20 Tire Changer 300.00
1 8' Utility Trailer 200.00
1 9' Utility Hand -Operated Dump Trailer 300.00
3 14' Aluminum Rowboats 200.00 each
1 18' Fiberglass Flat -Bottom Jet Boat, Hull
Only 400.00
5
164
IX Continued November 28, 1990
CONTRACT APPROVAL - FUEL
SUPPLIES FOR THE PERIOD
DECEMBER 1, 1990 THROUGH
MAY 31, 1991
RESOLUTION NO. 90-175
CC -12(d) The City Council adopted Resolution No. 90-175 approving
CC -47 the agreement providing to the City of Lodi supplies of
regular and unleaded gasoline, and diesel fuel, covering
the period of December 1, 1990 through May 31, 1991, for
award to Roberts Petroleum Service of Lodi, California.
On September 21, 1990, the City Council authorized the
Purchasing Officer to negotiate a fuel supplies agreement
with a local distributor of major brands of fuel. In view
of the current crisis in the Persian Gulf and uncertainty
over availability of fuel this winter, it would be prudent
for the City to be involved in a fuel supplies agreement
over the near term.
Since Roberts Petroleum has access to the greatest number
of major refiners (Chevron, Arco, and BP North America),
and offers the greatest assurance for continuity of supply
during a fuel shortage situation, Roberts was selected for
negotiation of an agreement.
Revised estimates of fuel requirements during the six-month
period are:
Regular Unleaded: 77,400 gallons
Regular Leaded: 12,400 gallons
Diesel: 21,500 gallons
Projected costs are difficult to determine as the price of
oil varies, but at current prices the total cost to the
City during the period is estimated to be about $125,000.
While fuel supplies agreements do not guarantee delivery of
100% of fuel requirements during periods of shortage, users
with contracts are generally given preference over those
without. Additionally, in times of limited supply, major
refiners generally have greater access to supplies than do
independents, hence the decision to align with a major
supplies contractor such as Roberts Petroleum.
ACCEPTANCE OF IMPROVEMENTS
UNDER WELL 23 CHAIN LINK FENCE,
55 EAST HARNEY LANE, CONTRACT
CC -90 The City Council accepted the improvements under the "Well
23 Chain Link Fence, 55 East Harney Lane" contract, and
directed the Public Works Director to file a Notice of
Completion with the County Recorder's office. The City
Continued November 28, 1990
l��
Council was advised that the contract was awarded to
Stockton Fence of Stockton on March 7, 1990, in the amount
of $6,838.94. The contract has been completed in
substantial conformance with the plans and specifications
approved by the City Council.
The contract completion date was May 16, 1990, and the
actual completion date was August 1, 1990. The final
contract price was $6,590.94. The difference between the
contract amount and the final contract price is mainly due
to a deduction for poor workmanship on the project.
The delay in accepting the improvements was due to problems
in reaching an agreement for damages caused by the poor
workmanship.
ACCEPTANCE OF IMPROVEMENTS
UNDER LODI AVENUE AND
HAM LANE INTERSECTION
IMPROVEMENTS CONTRACT
CC -90 The City Council accepted the improvements under the "Lodi
Avenue and Ham Lane Intersection Improvements" contract,
and directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
The contract was awarded to Copenhagen Utilities and
Construction, Inc. of Sacramento on June 20, 1990 in the
amount of $85,901.00.
The contract has been completed in substantial conformance
with the plans and specifications approved by the City
Council.
The contract completion date was November 16, 1990, and the
actual completion date was November 13, 1990. The final
contract price was $98,358.54. The difference between the
contract amount and the final contract price is mainly due
to a change order which replaced the traffic signal loops
on Ham Lane.
DEFERRED IMPROVEMENT AGREEMENT
FOR STREET IMPROVEMENTS AT
1 WEST LOWE STREET, LODI
CC -6 The City Council approved the Deferred Improvement
CC -46 Agreement for the installation of curb, gutter, sidewalk,
street paving, and miscellaneous items related to street
construction for the north half of Lowe Street along the
undeveloped portion of the parcel frontage.
On September 17, 1990, the owner of the property located at
1 West Lowe Street, Lodi, California, filed an application
for a building permit for the construction of a 3 -bedroom,
sc�a
Continued November 28, 1990
single-family dwelling on the subject property. The
property is located on the north side of Lowe Street, at
the easterly terminus of the Lowe Street right-of-way.
The property frontage along Lowe Street totals 40 feet
with existing street improvements (curb, gutter, sidewalk,
street pavement) extending only along the west 20 feet.
The remaining length of Lowe Street is unimproved. The
property immediately east of the right-of-way is currently
owned by Southern Pacific Railroad. The City of Lodi
Municipal Code (15.44.030 and 15.44.050) requires the
installation of street improvements along all portions of
the developer's property which fronts upon a public
street. However, since the street improvements currently
available are sufficient to provide adequate access to the
property and there are no plans to extend Lowe Street in
the foreseeable future, the Public Works Department offered
to defer the street improvements provided the owner would
enter into a Deferred Improvement Agreement with the City
(Municipal Code 15.44.040).
The owner, Aquarius Construction Company, Inc., has signed
the agreement in which they agreed to pay for the cost of
design and installation of street improvements at such time
as requested by the Public Works Director, the City
Council, or a substantial number of property owners. The
agreement contains provisions for providing interim
improvements for temporary termination of Lowe Street at
the end of the existing pavement. The Public Works
Department is currently evaluating alternatives for interim
improvements which may include curbing and a dead-end
barricade at the end of the existing pavement. The
executed agreement will be recorded and run with the land,
and shall be binding on the successors, heirs, or assigns
of the current owner.
CONTRACT RENEWAL WITH
INSURANCE CONSULTING ASSOCIATES,
INC. TO PROVIDE LIABILITY CLAIMS
ADMINISTRATION AND GENERAL
RISK MANAGEMENT CONSULTING
SERVICES TO THE CITY OF
LODI APPROVED
CC -21.1(a) The City Council approved a three-year contract with
Insurance Consulting Associates, Inc. to provide liability
claims administration and general risk management
consulting service to the City of Lodi and authorized the
City Manager and City Clerk to execute the contract on
behalf of the City of Lodi.
The City Council was advised that for the past year, the
City of Lodi has contracted with Insurance Consulting
Associates, Inc. (ICA) to provide liability claims
administration and general risk management. ICA was
Continued November 28, 1990
retained when we
performance of
administrator.
under difficult
have performed
manner during the
experienced a very serious decline in the
the City's previous liability contract
ICA was able to accomplish the transition
circumstances with minimum disruption and
in a very expeditious and professional
past 12 months.
The following are
performed for the
Authority of which
The City of Lodi
effectively managed
Associates, Inc.
conclusions contained in a recent audit
California Joint Powers Risk Management
Lodi is a member:
liability claim program is being very
and adminstered by Insurance Consulting
There had been an apparent lapse in effective claim
administration by the previous administrator due to a
significant change in management and the City made a
decision to change claim administrators approximately nine
months ago. This has been a very positive change and the
City benefits from a very professional and experienced
claim technical staff at ICA.
The changes contained in the proposed contract renewal are
as follows:
1. Three-year contract (subject to same
termination conditions) instead of one.
2. $2.00 per hour increase (roughly 4%) on our
claims management service fee.
3. $50.00 per month increase in computer
service fee.
im
RECLASSIFICATION OF POLICE
OFFICER POSITION IN THE
DETECTIVE BUREAU TO SERGEANT
RESOLUTION NO. 90-176
$15.00 per hour reduction for risk
management and loss control services.
CC -34 The City Council adopted Resolution No. 90-176 approving
the reclassification of a Police Officer position in the
Detective Bureau to Sergeant effective January 7, 1991.
The City Council received a copy of the following October
29, 1990 memorandum that was authored by Police Chief
Williams. Assistant City Manager Glenn advised the City
Council that it was our position too that additional
supervision was needed; however, the Division Commander
felt that if he could not have an additional position he
9
•i
Continued November 28, 1990
AGENDA ITEM REMOVED
FROM AGENDA
did not want to take investigative time and devote that
time to supervision. We did not want to force an
organization on the Division Commander that he was not
comfortable with at that time.
As you will recall Fire Chief Hughes requested an
additional sergeant in this year's budget, to be assigned
to Investigations. At that time the offer was made to
upgrade one office to sergeant but not to add a new
position. When checked with Capt. Martin, who was at that
time the division commander, he felt he would be better off
without the position. As you are aware Captain Adams is
presently in chare of that division and has also expressed
the need for another supervisor in that division. When Mr.
Hughes informed him of the offer made during budget
hearings he stated he would have taken the offer.
Fire Chief Hughes feels there is a very definite need for
another supervisor in the investigations division. At the
present time the Sergeant assigned to that division has
been assigned to supervise the four narcotics officers,
leaving no supervisor for the remainder of the division,
which means I have a Captain directly supervising ten
people.
The Fire Chief requests consideration be given to upgrading
a patrolmans position to the rank of Sergeant, effective
the first pay period in 1991. This position would be
assigned in the investigations division.
Thank you for your consideration in this matter.
One Captain cannot provide adequate supervision to 10
people, all who work somewhat independently. Additional
supervision is needed.
Mr. Glenn indicated that he and the City Manager concur
with the Chief's request and recommend that a Police
Officer position be upgraded to Sergeant effective January
6, 1991.
Agenda item E-16 - "Intention to vacate the public utility
easement at 405 North Pacific Avenue" was removed from the
agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
10
Continued November 28, 1990
INFORMATION REQUESTED
REGARDING FALL AND WINTER
WATERING OF YARDS AND
LANDSCAPED AREAS
••
•
CC -183(d) Council Member Pinkerton following receipt of a telephone
complaint requested that an information program be
initiated for the citizens of this community on fall and
winter watering of yards and landscaped areas.
Further Council Member Olson stated that she had observed a
citizen in the community hosing his lawn to remove the
leaves. Council Member Olson stated that the citizens of
this community should be advised that this is not allowed.
SAN JOAQUIN COUNTY
COUNCIL OF GOVERNMENTS UPDATE
Council Member Olson reported on the last San Joaquin
County Council of Governments meeting she attended and gave
an update on COG activities and the time schedule for the
implementation of Measure K.
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:
CITY COUNCIL RECEIVES
PROCLAMATION FROM THE
BOY SCOUTS FOR "SCOUTING
FOR FOOD" CAMPAIGN
Patricia Menough, "Scouting for Food" Campaign Director
presented Mayor Snider with a proclamation thanking the
citizens of the City of Lodi for their great support during
the recent campaign. Over 17,500 pounds of food was
donated during the campaign which was donated to four area
food banks.
PUBLIC HEARINGS There were no public hearings scheduled for this meeting.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
November 12, 1990:
CC -35 The Planning Commission -
OF INTEREST TO THE CITY COUNCIL
1. Conditionally approved the request of Terry Piazza,
Baumbach and Piazza, Consulting Engineers, on behalf of
Terry Knutson (i.e. Cottage Bakery) for a Lot Line
Adjustment to create one lot from three lots at 203 and 213
11
Continued November 28, 1990
2.
South School
Commercial.
Continued the
Environmental
General Plan.
Street in an area zoned C-2, General
review of the Policy Document and Draft
Impact Report for the City of Lodi Draft
3. Set a public hearing for 7:30 p.m., Monday, November 26,
1990 to consider the request of Benjamen Pineda for a
Use Permit for a 15 -bed board and care home for ambulatory
adults at 458 Almond Drive in an area zoned R -MD, Medium
Density Multiple Family Residential.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On recommendation of the City Attorney and the City's
Contract Administrator, on motion of Council Member Olson,
Hinchman second, the City Council rejected the following
claims and referred them back to the City's Contract
Administrator:
a)
b)
c)
d)
APPEAL OF PLANNING
COMMISSION DENIAL
REGARDING TWO EXISTING
CANVAS ROOF COVERS AT
25 SOUTH HUTCHINS STREET
SET FOR PUBLIC HEARING
Marie Bowlin, Date of loss 9/16/90
Valerie Killian (a minor), Date of loss
7/09/90
Linda R. O'Brion, Date of loss 9/03/90
David W. Wright, Date of loss 10/23/90
On motion of Mayor Pro Tempore Hinchman, Reid second, the
City Council set for public hearing on December 19, 1990
the appeal received from Mr. Lance Robinson of the Planning
Commission's denial of his request for Zoning Variances to
permit two existing canvas roof covers to encroach into the
required frontyard (20 feet) and street sideyard (10
feet) at 25 South Hutchins Street.
12
Continued November 28, 1990
PETITION RECEIVED REQUESTING
FOUR-WAY STOP SIGNS ON THE
CORNER OF WASHINGTON
STREET AND ACACIA STREET
CC -16 The City Council referred to staff the petition received
CC -48(h) from Kenny Krenz requesting four-way stop signs at the
corner of Washington Street and Acacia Street.
RESIGNATION RECEIVED FROM
MEMBER OF THE LODI ARTS
COMMISSION
CC -2(k) City Clerk Reimche presented a letter of resignation that
had been received from Lodi Arts Commissioner Rick
Dentino. On motion of Mayor Pro Tempore Hinchman, Reid
second, the City Clerk was directed to post for the vacancy.
REGULAR CALENDAR
GRAFFITI ORDINANCE
- INTRODUCED
ORDINANCE NO. 1502
CC -6 The City Council was advised that at the shirtsleeve
CC -13 session of November 13, 1990, the City Council considered
CC -149 two versions of an ordinance dealing with graffiti. The
first was based on voluntary cooperation by the owner or
responsible person, and did not compel graffiti abatement.
The second version allowed the City to compel graffiti
removal and if necessary, to lien the property for costs of
abatement. From input by Council members and staff, it
appears that the preferred option at present is the
non -mandatory version.
The ordinances were evaluated and discussed by the Mayor's
informal committee, comprised of concerned citizen Arthur
Price, Council member Evelyn Olson, Public Works Director
Jack Ronsko, and the City Attorney. The consensus was that
the ordinance providing for mandatory removal of graffiti
was probably not cost-effective at present, because in many
cases, it might actually cost more to process the necessary
paperwork than the actual cost of abating the graffiti.
The paperwork would have been necessary, however, if a lien
was going to be used to cover abatement costs. For those
reasons, the voluntary ordinance appears preferable.
The City Attorney presented a proposed ordinance which
would allow Public Works to abate graffiti at no cost to
the property owner, but does not provide for painting any
area larger than that necessary just to cover up the
graffiti. It also makes no guarantees as to a color
match.
13
19Z
Continued November 28, 1990
In addition to the abatement provisions of this ordinance,
it would make illegal the placing of any unauthorized
graffiti on a public or privately -owned building or
structure, and would also prohibit the sale or furnishing
to persons under 18 years of age any pressurized paint can
or felt tip pen with a tip more than 1/2 inch wide.
Possession of such spray paint or marking pen by any person
would also be prohibited in publicly -owned parks,
playgrounds or recreational facilities in the City, subject
to certain specified exemptions.
The ordinance would place the burden on businesses which
sell such paint and marking pens to get proof of age from
some potential buyers. However, State law already requires
that sellers of such items get proof of age before selling
airplane glue or paint which contains certain substances
such as toluene. There are also a number of cities in
California that have adopted similar restrictions on sale
of paint to minors, and no evidence of this creating major
problems for businesses has been noted.
It has also been proposed that in conjunction with the
possible adoption of a graffiti ordinance, that the City
undertake an information campaign making people aware of
the graffiti cleanup program. Businesses and property
owners would be urged to set aside some touchup paint
when buildings are repainted. Then, should it be necessary
for City crews to assist in abating graffiti, the owner's
paint could be used assuring a color match.
If the Council desires to put this ordinance in place, a
consent/hold harmless form would be prepared by the City
Attorney's office. This form would be required before the
City would do any graffiti abatement work.
Some community organizations have already expressed an
interest in helping with this program.
Following discussion, on motion of Mayor Pro Tempore
Hinchman, Reid second, the City Council introduced
Ordinance No. 1502 entitled, "An Ordinance of the Lodi City
Council Adding Chapter 9.28 to the Lodi Municipal Code
Relating to Graffiti Abatement." At the direction of the
City Council, any reference to marking pen was deleted from
the ordinance which was introduced.
DIBROMOCHLOROPROPANE
(DBCP) UPDATE
CC -183(a) The following report was given by Fran Forkas,
Water/Wastewater Superintendent.
The City Council received an excerpt from the 1989 Annual
Water Quality Report mailed in August of 1990 which was a
14
Continued November 28, 1990
193
required DBCP notification to the City's water
customers. At the time of this notification, the cost
estimate to being the City wells into compliance was 5.6
Million dollars. The maximum loan amount of 5.0 million
dollars.
In September 1990, the City received tentative approval for
the 5.0 million dollar low interest loan (3.4%). The loan
documents are now being processed by the Finance and Public
Works Departments. To obtain the loan, the City Council
will be required to adopt a resolution accepting the loan
and designating a representative to execute the loan
documents. We are proposing to bring this resolution to
the Council for approval at its next regular meeting of
December 19, 1990.
Changes in DBCP Levels
Since the original loan application was submitted, the
following changes in compliance status have occurred.
1. Well #8 sampling for DBCP was started late
due to the well being out of service for
awhile. Initial results lead us to believe
Well #8 would be out of compliance and it
was included in the loan request. After the
six monthly samples were averaged, we found
the well in compliance with the maximum
contaminant level (MCL).
2. Well #1R, #14, and #21 were resampled for
a second six-month period and were found to
be back in compliance.
Note - The above four wells (8, 1R, 14, and
21) must now be sampled quarterly for DBCP
and could, in the future, again go over the
MCL and thereby become out of compliance.
This could happen if heavy rains were to
push more DBCP from the soil into the
groundwater.
3. Well #23 was originally in compliance, but
it appears now that it will certainly go out
of compliance after its six-month sampling
period is completed in March 1991.
4. The above changes in compliance status
change the estimated funds required for
initial construction as follows:
15
IV,*
Continued November 28, 1990
Initial Estimate Used for Loan
Application $5,623,800.00
Well
#1R
(500,500.00)
Well
#8
(345,800.00)
Well#14
(835,900.00)
Well
#21
(653,900.00)
Well
#23
495,300.00
Current Estimate $3,783,000.00
The original submitted loan application requested funds to
improve 11 wells. Due to the changing compliance status of
some wells, we met with California Department of Health
Services (DHS) officials and clarified that there is
flexibility in the loan. Lodi, with DHS approval, can
substitute any wells which are out of compliance with those
wells listed in the original loan application.
Filtration Improvements
Consulting engineers were retained and are preparing the
plans and specifications for filtration improvements at
Well #16 located in Beckman Park at Century Boulevard and
the Woodbridge Irrigation District canal. This work will
be completed in January 1991. The City will then advertise
for bids. The contract award will be made in February or
March 1991. The same plans and specifications from Well
#16, with some minor modifications, would then be utilized
on the remaining wells that are out of compliance.
New Wells
Test Well #11R, located on Turner Road east of Casa de
Lodi, Test Well #24, located in the northwestern corner of
the Grape Bowl off of North Stockton Street, and Test Well
#25, located just south of the City's new industrial
substation east of the freeway, have been drilled. All
these proposed sites are on existing City property.
Test results show NO DBCP in 11R and 24, however, Test
Well #25 showed a DBCP level in one strata of 1.8 parts
per billion.
On November 7, 1990, Council awarded a contract to drill
Well #11-R. This well will be brought on-line during the
summer of 1991.
The City Council will be
specifications for drilling
November 28, 1990. This well
during the summer of 1991.
16
approving the plans and
Well #24 at its meeting of
will also be brought on-line
Continued November 28, 1990
Staff is still evaluating whether or not we will be
developing Well #25.
Future Dates and Items to be Completed
1. December 11, 1990 - Next public DBCP
notification required by DHS. This will
be done by using utility billing message
referring to notification to be published in
newspaper. This method will reduce our
quarterly notification costs from $4,300 to
$420.
2. December 19, 1990 - Council will be asked to
adopt a resolution accepting the loan.
3. Conduct Fee Study - After the first of the
year, City will conduct a water rate study
to determine rate increase necessary to pay
back loan for DBCP improvements.
4. April 1992 - By this date, City must bring
all of its non-compliance wells into
compliance.
DELIVERY OF UNCLAIMED TOYS
AND BICYCLES FOR "THE MAYOR'S
ANNUAL HOLIDAY CHILD
SHARE PROGRAM"
URGENCY ORDINANCE
NO. 1503 ADOPTED
CC -6 Last year, the Lodi Service Center, working in conjunction
CC -73 with the Lodi Salvation Army Service Extension Committee
CC -149 requested and received all unclaimed bicycles and toys held
by the Lodi Police Department, in lieu of selling them at
auction. This program is known as "The Mayor's Annual
Holiday Child Share Program". The items were distributed
to underprivileged children.
A similar request has been made again this year. If the
Council deems it appropriate, Welfare and Institutions Code
§217 can be utilized to authorize delivery of the toys and
bicycles to these organizations for distribution.
Should the Council choose to do so, the ordinance
authorizing the delivery should probably be made on an
urgency basis in order to allow the delivery of the toys in
time for Christmas.
On motion of Council Member Reid, Olson second, the City
Council by unanimous vote adopted Ordinance No. 1503
entitled, "An Urgency Ordinance of the Lodi City Council
17
lib
Continued November 28, 1990
Authorizing Delivery of Unclaimed Bicycles and Toys for the -
Mayor's Annual Holiday Child Share Program".
RECESS Mayor Snider declared a five-minute recess and the City
Council reconvened at approximately 9:15 p.m.
TRAFFIC SIGNAL APPROPRIATIONS
The City Council was advised that the Traffic Signal
Priority Study identifies and prioritizes 19 intersections
that meet Caltrans criteria for installation of traffic
signals. Additional information regarding another
intersection, Kettleman Lane at Crescent Street, will be
provided at the meeting. Also, rules recently adopted by
the State of California require that remaining Federal
funds allocated to the City of Lodi be obligated by April
1991. (Obligated means that Caltrans has approved the
plans and specifications for advertising.) If this is not
done, the City will lose the allocation. The City could
elect to "sell" the allocation at a discount (approximately
20%). The reduced amount would be available for any street
project.
The City has approximately $192,000 available in this
account. This account, along with an additional $30,000 in
City matching funds plus another $30,000 for design, would
fund three signal installations.
The City Council was informed that staff needs direction to
either proceed on signal installations determined by the
Council or to "sell" the Federal funds:
A. Proceed on signal installations.
1) Select intersections to be signalized.
2) Appropriate design funds from the Gas Tax Fund
($10,000 per intersection).
3) Authorize the City Manager to execute a consultant
design agreement.
and/or
B. Direct staff to make necessary arrangements to "sell"
excess FAU funds.
The Council may select less than three locations under "A"
and "sell" the remaining funds. After Council makes a
decision, at a later meeting, staff will make a
recommendation on the necessary appropriations for the
In
Continued November 28, 1990
,197
Capital Improvement Program. In addition, any specific FAU
"sale" arrangements would be brought back to the Council
action.
A very lengthy discussion followed with questions being
directed to Staff.
On motion of Council Member Olson, Pinkerton second, the
City Council by the following vote, directed staff to
attempt to sell FAU funds at not less than 70% of their
value within a two-week period. If staff is unable to sell
the funds under these conditions, then the City Council
directed the City staff to go forward with the traffic
signalization at Kettleman and Mills, Hutchins and Vine,
and with the modernization of the already appropriated
Church Street signals.
Ayes: Council Members - Olson, Pinkerton, and Reid
Noes: Council Members - Hinchman and Snider
Absent: Council Members - None
SPECIAL ALLOCATION APPROVED
FOR REMODELING OF 217 WEST
ELM STREET AND THE PUBLIC
SAFETY BUILDING, 230 WEST
ELM STREET
CC -27(a) The City Council was advised that with the acquisition of
the house located at 217 W. Elm Street the opportunity was
presented to relieve some of the crowded working conditions
in the Police Department and in the Fire Prevention
Bureau. The most logical movement of personnel was to
place the Fire Prevention Bureau and the Fire Training
Officer in the house at 217 W. Elm Street and move the
Detective Division into what is now the Fire Prevention
Bureau. Such movement of personnel will provide both
Departments with more work space and provide relief from
their crowded working conditions and lack of proper work
space. Examples of these conditions are five detectives
working out of an office that measures 11.5 feet by 17
feet, and a Fire Prevention Bureau with no room to meet
privately with those in the construction trades,
businessmen and the general public nor a place to spread
out construction plans for plan checking.
Dennis Callahan and Steve Raddigan have provided cost
estimates of all work required for the remodeling of the
current Fire Prevention Bureau area and the house at 217
West Elm. These estimates include the following:
19
lye
Continued November 28, 1990
Remodeling of 217 W. Elm
Remodeling of Public Safety Building
Installation of conduit from Public
Safety Building to 217 W. Elm
Purchase of furnishings, computer
equipment, etc. for 217 W. Elm
Installation of telephone lines and
telephones at 217 W. Elm
Ten percent contingency
$10,945.00
1,860.00
2,857.00
9,076.00
1,250.00
2,598.00
TOTAL PROJECTED COST 28,586.00
Upon receipt of approval of these funds, the Public Works
Department will prepare plans and specifications for this
project and will return to Council for approval and a
request to go out for bids on the project.
On motion of Council Member Pinkerton, Olson second, the
City Council approved a Special Allocation in the amount of
$28,586.00 for the remodeling of 217 West Elm Street and
the Public Safety building at 230 West Elm Street which
funds are to be allocated from the Contingency fund.
RESOLUTION ADOPTED RELATING
TO STATE BUDGET ACTIONS AND
URGING REPEAL OF SB 2557
RESOLUTION NO. 90-177
CC -28 Senate Bill 2557 is a highly controversial law which allows
CC -300 (among other things) counties to charge city police
departments a fee for every prisoner booked into the county
jail. Heretofore, this cost has always been absorbed by
county budgets funded by both county and city taxes.
Charging cities for booking prisoners will generate over $6
million dollars for counties --coming directly from city
budgets. Cities in California are protesting this law
based upon the fact the city residents already pay county
taxes and this law would result in a form of double
taxation. Legal challenges are being mounted.
The League of California Cities Public Safety Committee has
recommended that all cities adopt a resolution advocating
repeal of SB 2557. This resolution will be sent to our
State Legislators and the League of California Cities
legislative office.
From a local perspective it is esimated the Lodi Police
Department will book approximately 80 prisoners into the
County Jail this year at an approximate cost of $4,800.00
This amount could increase significantly if the County
changes either the proposed cost per booking or the
interpretation of what constitutes a booking.
20
Continued November 28, 1990
The City of Lodi will feel the effect less than other
cities due to the fact we have our own jail and book few
prisoners into the County.
Following discussion, on motion of Council Member Reid,
Hinchman second, the City Council adopted Resolution No.
90-177 - A Resolution of the Lodi City Council Relating to
the State Budget Actions and Urging Repeal of SB 2557.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LODI
AND THE UNITED FIREFIGHTERS
OF LODI
RESOLUTION NO. 90-178
CC -34 Assistant City Manager Glenn advised the City Council that
CC -300 negotiations have been concluded with the UFL and that
agreement has been committed to writing.
The major components of that agreement are:
1. TERM
a. Three years.
2. SALARY ADJUSTMENTS
a. 4.25% across-the-board retroactive to
October 1, 1990.
b. An across-the-board salary adjustment
equal to the change in the Consumer
Price Index Urban Wage Earner and
Clerical Workers - San Francisco -
August 1990 to August 1991, effective
the pay period in which October 1, 1991
falls.
C. A salary survey of Fire Captains based
on October 1, 1992 salaries. Such
increase to be effective the pay period
in which October 1, 1992 falls.
3. MODIFICATION OF THE RETIREMENT SYSTEM TO
PROVIDE THE FOLLOWING:
a. Third -level of 1959 survivor benefits.
b. Single highest year option.
4. The employee will pay a portion of medical
insurance premiums for dependents and a
greater portion of costs of dental coverage.
21
ZVV
Continued November 28, 1990
5. Purchase of safety clothing (fire resistant
material to coincide with OSHA requirements)
and an increase in uniform maintenance
allowance.
6. Provide for surviving spouse to have an
interest in the sick leave conversion bank.
7. Modified grievance procedure.
8. Other changes which eliminate unnecessary
clauses, clarify or modify other clauses to
conform to present practice.
Some of these items will require Council action such as
salary increases and modifications of PERS contract while
others may be done administratively. As appropriate we
will bring to Council those items requiring action.
Following discussion, on motion of Council Member Reid,
Olson second, the City Council received the subject
"- Memorandum of Understanding. Further on motion of Council
Member Pinkerton, Hinchman second, the City Council adopted
Resolution No. 90-178 modifying the salary schedule for the
represented Fire Department employees, including Fire
Department Mid -Management employees retroactive to October
1, 1990.
ORDINANCES
ORDINANCE REPEALING LODI
MUNICIPAL CODE CHAPTER 13.12 -
SEWER SERVICE - AND
REENACTING A NEW ORDINANCE
RELATING TO SEWER SERVICE
ORDINANCE NO. 1501 ADOPTED
CC -44 Ordinance No. 1501 entitled, "An Ordinance of the Lodi City
CC -51(a) Council Repealing Lodi Municipal Code Chapter 13.12 - Sewer
CC -149 Service - and Reenacting a New Ordinance Relating to Sewer
Service" having been introduced at a regular meeting of the
Lodi City Council held November 7, 1990 was brought up for
passage on motion of Council Member Reid, Olson second.
Second reading of the ordinance was omitted after reading
by title, and the ordinance was then adopted and ordered to
print by the following vote:
Ayes: Council Members - Hinchman, Olson, Pinkerton,
Reid and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
22
Continued November 28, 1990
Abstain: Council Members - None
ADJOURNMENT There being no further business to come before the
City Council, Mayor Snider adjourned the meeting at
approximately 10:17 p.m.
ATTEST:
Qkt t" )h
Alice M. Reimche
City Clerk
23