HomeMy WebLinkAboutMinutes - May 4, 1988.� J
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CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
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.
Agenda item E-5 - "Approve Employment Agreements for City
Attorney and City Clerk" were removed from the Consent
Calendar and discussed and acted upon under the Regular
Calendar.
CLAIMS CC -21(a) Claims were approved in the amount of $3,107,489.34.
MINUTES There were no minutes presented for approval.
SPECIAL ALLOCATION
APPROVED FOR
PURCHASE OF A
S.W.A.T. TEAM
VAN The City Council approved a Special Allocation in-tte
amount of $5,500 for the purchase of a S.W.A.T. Team van,
CC -20 which amount is to be appropriated from the Contingency
CC -47 Fund.
RECLASSIFICATION OF
HEAVY EQUIPMENT
MECHANIC TO WELDER -
MECHANIC APPROVED The City Council approved the reclassification"of one Heavy
Equipment Mechanic to Welder -Mechanic.
CC -34
The City Council was apprised that the requirement for the
Welder -Mechanic is journeyman experience in both equipment
maintenance and welding. The requirement for the Heavy
Equipment Mechanic is journeyman experience in equipment
1
WEDNESDAY, MAY 4, 1988
7:30 P.M.
ROLL CALL
Present: Council Members - Hinchman, Olson, Reid,
and Snider (Mayor Pro Tempore)
Absent: Council Members - Pinkerton
Also Present: City Manager Peterson, Assistant City
i
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 Pro Tempore
ALLEGIANCE
Snider.
PRESENTATIONS
PROCLAMATIONS
Mayor Pro Tempore Snider presented the following
proclamations:
CC -37
a) "Clean -Up Lodi Week"
b) "Hire -a -Veteran Week"
c) "Public Works Week"
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.
Agenda item E-5 - "Approve Employment Agreements for City
Attorney and City Clerk" were removed from the Consent
Calendar and discussed and acted upon under the Regular
Calendar.
CLAIMS CC -21(a) Claims were approved in the amount of $3,107,489.34.
MINUTES There were no minutes presented for approval.
SPECIAL ALLOCATION
APPROVED FOR
PURCHASE OF A
S.W.A.T. TEAM
VAN The City Council approved a Special Allocation in-tte
amount of $5,500 for the purchase of a S.W.A.T. Team van,
CC -20 which amount is to be appropriated from the Contingency
CC -47 Fund.
RECLASSIFICATION OF
HEAVY EQUIPMENT
MECHANIC TO WELDER -
MECHANIC APPROVED The City Council approved the reclassification"of one Heavy
Equipment Mechanic to Welder -Mechanic.
CC -34
The City Council was apprised that the requirement for the
Welder -Mechanic is journeyman experience in both equipment
maintenance and welding. The requirement for the Heavy
Equipment Mechanic is journeyman experience in equipment
1
Continued May 4, 1988
maintenance. The City filled a vacant Heavy Equipment
Mechanic position by hiring off of an existing eligibility
list for Welder -Mechanic in order to fill the position with
minimal time lost in recruitment. This was not a problem
since the applicants on the Welder -Mechanic list must be
journeymen mechanics and the salary for Heavy Equipment
Mechanic and Welder -Mechanic is the same.
The Equipment Maintenance Shop presently is working their
Heavy Equipment Mechanics and the Welder -Mechanic on a 4/10
plan (4 days per week/10 hours per day). In order to
provide additional flexibility in the Shop, it is requested
that the Heavy Equipment Mechanic hired off of the
Welder -Mechanic list be reclassified to Welder -Mechanic.
The employee involved has no problem with this
reclassification. It was recommended that the City Council
reallocate the positions in the Equipment Maintenance
Division as follows:
Authorized Recommended
1987/88 Reauthorization
Equipment Maintenance
Supervisor 1 1
Welder -Mechanic
1 2
Equipment Service
Worker 1 1
Heavy Equipment
Mechanic 3 2
6 6
REPORT REGARDING
RESULTS OF
DECERTIFICATION
ELECTION OF THE
GENERAL SERVICES
BARGAINING UNIT
EMPLOYEES
The City Council was advised that the City received a
petition signed by 42 persons requesting decertification of
CC -34
IBEW Local 1245 as the majority representative of the
General Services Unit. In accordance with provisions of
Resolution 3344, a secret ballot election was held on April
26, 1988. The result of the election was 43 to 17 in favor
of withdrawing certification.
The same petition asked that the San Joaquin County
Employees Association be named the majority representative
of the General Services Unit. Inasmuch as those signing
the petition and the overwhelming vote in favor of
decertification, formal recognition to the San Joaquin
County Employees Association as the majority representative
for the General Services Unit should be granted.
This unit consists of clerical workers, engineers, meter
readers, and other white-collar occupations.
PUBLIC HEARING SET
TO REVIEW COUNTY
OF SAP! JOAQUIN
HAZARDOUS WASTE
MANAGEMENT PLAN
The City Council was apprised that the next step in the
process of adopting a county wide Hazardous Waste
CC -24(a)
Management Plan, as required by AB 2948, is setting a
public hearing for May 18, 1988 to consider the contents of
the draft plan and to hear public comment on the plan.
Council set the subject public hearing for the Regular
Council Meeting of May 18, 1988.
Continued May 4, 1988
REPORT REGARDING
FEES AND DEPOSITS
FOR SYETP THEATRE
PROJECT The City Council was advised that as in past years, the
City has worked jointly with the County Theatre Arts.
CC -56 Project by providing a site at Hutchins Street Square for
CC -130 their performances. They use the soccer field, on the west
side of the project, and are completely self-contained with
lights, set-up and clean-up staff and of course, the actors.
This year's performance is scheduled for Tuesday, August
16, 1988. They have appropriate insurance on file. They
expect a community audience of approximately 3-400 people.
Staff advised that they have not charged them a fee in the
past, nor do we anticipate any fee assessment for this
year's performance. It is an excellent youth effort and an
added cultural addition to the City's artistic calendar of
events.
AWARD BID FOR THE
PURCHASE OF CONVENTIONAL
POLE -MOUNTED TRANSFORMERS
RES. NO. 88-58 The City Council adopted Resolution No. 88-58 awarding the
bid for the purchase of Conventional Pole -Mounted
CC -20 Transformers as follows:
CC -47
General Electric Supply Co. Bid
10 ea 10 KVA Single -Phase 120/240 volt $4,017.40
3 ea 75 KVA Single -Phase 277 volt $3,742.86
$7,760.26
RTE Corooration
10 ea 25 KVA Single -Phase 120/240 volt $5,989.00
10 ea 37.5 KVA Single -Phase 120/240 volt 6,953.60
10 ea 50 KVA Single -Phase 120/240 volt 8,713.20
$21,655.80
McGraw Edison Power Systems
3 ea 167 KVA Single-phase 277 volt $8,045.40
The TOTAL COST of the award is $37,461.46
The City Council was advised that on April 12, 1988 bids
were received for the purchase of ten 10-KVA, ten 25-KVA,
ten 37.5 KVA, ten 50-KVA, three 75-KVA, and three 167-KVA
Conventional Single -Phase Pole Mounted Transformers.
The Transformers will be used to serve new developments
(10) for replacement in the PCB change -out program (25) and
to maintain an inventory for other needs as they develop.
Some of the specific developments requiring transformers
are as follows:
Almond Drive Apartments
Lodi Iron Works
Maggio Industrial Park
Transformers are evaluated by combining the purchase price
with the life -cycle cost of transformer losses.
Funding for this purchase is available in the Electric
Utility Department's Operating Fund.
3
Z=v J
Continued May 4, 1988
AWARD BID FOR THE
PURCHASE OF PADMOUNT
TRANSFORMERS
RES. NO. 88-59 The City Council adopted Resolution No. 88-59 awarding the
bid for padmount transformers as follows:
CC -20
CC -47 Maydwell and Hartzell, Inc. Bid
5 ea 37.5 KVA Single-phase 240/120 volt S 5,867.10
5 ea 50 KVA Single-phase 240/120 volt 6,434.20
1 ea 75 KVA Three-phase 208Y/120 volt 3,324.16
$15,625.46
McGraw Edison Power Systems
7 ea 75 KVA Single-phase 240/120 volt $ 9,267.58
Pauwels-Chance
1 ea 500 KVA Three-phase 480Y/277 volt $ 7,333.08
1 ea 750 KVA Three-phase 480Y/277 volt 9,366.16
$16,699.24
The TOTAL COST of this purchase is $41,592.28
The City Council was advised that on April 12, 1988 bids
were received for the purchase of five 37.5 KVA, five 50
KVA, and seven 75 KVA Single -Phase, and one 75 KVA, one 500
KVA, and one 750 KVA Three -Phase Padmounted Transformers.
The transformers will be used to serve new customer loads
(10), for the PCB change -out program (5), and to maintain
an inventory for other needs and emergencies as they
develop (5).
Some of the specific developments requiring transformers
are as follows:
Apple Orchard
Sun West #9
Awani Estates
Mokelumne #2
Almond Place Apartments
Transformers are evaluated by combining the purchase price
with the life -cycle cost of transformer losses.
Funding for this purchase is available in the Electric
Utility Department's Operating Fund.
AWARD BID FOR THE
PURCHASE OF 600
VOLT XLPE TRIPLEX
CABLE
RES. NO. 88-60 The City Council adopted Resolution No. 88-60 awarding the
bid for the purchase of 20,000 feet of 600 -volt #1/0 XLPE
CC -20 Triplex Cable to Reynolds Aluminum in the amount of
CC -47 517,384.00.
The City Council was advised that on April 19, 1988 bids
were received as follows:
General Electric Supply Company $16,896.40
Reynolds Aluminum 17,384.00
Pirelli Cable Company 20,931.60
4
Continued May 4, 1988
However, General Electric's proposal did not meet reel
specification and price was subject to change. Reynolds
Aluminum, the second lowest bidder, met specifications and
guaranteed no escalation in the price.
The cable will be used throughout the City to serve
developments currently planned for construction and to
maintain an inventory for other needs as they develop.
Some of the specific projects requiring this cable are as
follows:
Apple Orchard
Sun West #9
Awani Estates
Mokelumne #2
Funding for this purchase is available in the Electric
Utility Department's Operating Fund.
IMPROVEMENTS UNDER
INSTALLATION/UPGRADE
OF KILLELEA SUBSTATION
FENCE CONTRACT
ACCEPTED The City Council accepted the fence installation/upgrade of
Killelea Substation and directed the Electric Utility
CC -90 Director to file a Notice of Completion with the County
Recorder's office. The final contract price was
415,024.30. The difference (of $967) between the contract
and the final contract price is due to Change Order No. 1
that added railing and gate footings. It should be noted
that the final contract price of $15,024.30 remains lower
than the second lowest bid of $16,750.75.
The City Council was reminded that at the Council meeting
of March 2, 1988 the City Council awarded the contract for
installation/upgrade of the Killelea Substation fence to
Economy Fence Co., Stockton, CA, in the amount of
$14,057.30.
The original security system at the Killelea Substation
(Cherokee Lane and Locust Street) had been repeatedly
breached and considerable upgrade of this system was
required. Unauthorized entry had included intrusions under
and over the chain-link fence surrounding the substation;
the padlock was cut and removed leaving the gate open to
the general public. Articles had been stolen from the site
and various toys had been found on site. This particular
substation is the only one which has experienced such
intrusions.
While no significant damage has been done to date, the
presence of unauthorized persons in an ultra -hazardous area
is a serious matter. The exposure to high-voltage
equipment should be limited to only those trained in
electrical safety. Furthermore, that substation represents
the direct link between Lodi and its power supply. Any
accident involving the main power bus at that substation
affects the entire city.
IMPROVEMENTS ACCEPTED
UNDER THE WHITE
SLOUGH WATER POLLUTION
CONTROL FACILITY
AERATION SYSTEM
DIFFUSER RETROFIT
1987 CONTRACT The City Council accepted the improvements for the
"Aeration System Diffuser Retrofit 1987", and directed the
CC -90 Public Works Director to file a Notice of Completion with
the County Recorder's Office.
Ova
Continued May 4, 1988
The City Council was advised that the contract was awarded
to Kaweah Construction of Visalia on October 21, 1987 in
the amount of $76,500. The contract has been completed in
substantial conformance with the plans and specifications
approved by the City Council.
The contract completion date was March 4, 1988 and the
actual completion date was February 26, 1988. The final
contract price was $76,690.80.
IMPROVEMENTS UNDER
BUILDING DEMOLITIONS,
125 NORTH STOCKTON
STREET, 122 NORTH
MAIN STREET, AND
208 EAST LOCUST
STREET ACCEPTED The City Council accepted the improvements for the
"Building Demolitions, 125 North Stockton Street, 122 North
CC -90 Main Street and 208 East Locust Street" contract and
directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
Council was advised that the contract was awarded to
Sterling P. Holloway of Auburn on February 17, 1988, in the
amount of $32,916.00. 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, 1988, and the
actual completion date was April 15, 1988. The final
contract price was $35,853.50. The difference between the
contract amount and the final contract price is mainly due
to abandonment of an additional unrecorded well, removal of
additional concrete, and salvaging additional block of
historical value.
DEVELOPMENT AGREEMENT
FOR THE FOUNTAINS,
1516 AND 1718 SYLVAN
WAY APPROVED The City Council approved the Development Agreement for The
Fountains, 1516 and 1718 Sylvan Way, and directed the City
CC -46 Manager and City Clerk to execute the agreement on behalf
of the City.
The City Council was informed that Jerry Heminger, the
developer of this project, has furnished the City with the
improvement plans, the necessary agreements, guarantees,
insurance certificates, and fees for the proposed
development.
This project is located at 1516 and 1718 Sylvan Way and
contains a total of 149 apartment units.
IMPROVEMENTS IN.
SUNWEST UNIT NO. 5
ACCEPTED
RES. NO. 88-61 The City Council adopted Resolution No. 88-61 accepting the
subdivision improvements included in Tract Map No. 2045,
CC -46 Sunwest Unit No. 5.
The City Council was informed that improvements in. Sunwest
Unit No. 5 have been completed in substantial conformance
with the requirements of the subdivision agreement between
the City of Lodi and Search Development, Inc., dated August
20, 1986, and as specifically set forth in the plans and
specifications approved by the City Council.
Continued May 4, 1988
IMPROVEMENTS IN
SUNWEST UNIT NO. 7
ACCEPTED
RES. NO. 88-62 The City Council adopted Resolution No. 88-62 accepting the
subdivision improvements included in Tract Map No. 2049,
CC -46 Sunwest Unit No. 7.
The City Council was informed that improvements in Sunwest
Unit No. 7 have been completed in substantial conformance
with the requirements of the subdivision agreement between
the City of Lodi and Search Sunwest, dated August 20, 1986,
and as specifically set forth in the plans and
specifications approved by the City Council.
AGREEMENT WITH
SEIDLER-FITZGERALD
PUBLIC FINANCE TO
PROVIDE FINANCIAL
SERVICES AND
AGREEMENT WITH
JONES HALL HILL
AND WHITE TO PROVIDE
LEGAL SERVICES
ASSOCIATED WITH THE
230 KV -INTERCONNECTION
PROJECT
RES. NO. 88-63 The City Council adopted Resolution No. 88-63 authorizing
the approval of agreements for financial services with
CC -51(e) Seidler -Fitzgerald Public Finance, and legal services with
CC -190 Jones Hall Hill and White associated with the 230 -KV
Interconnection project.
The City Council was reminded that at the "Shirtsleeve"
session of April 26, 1988, the City Council heard
presentations from Mr. John Fitzgerald, of the finance
consulting firm of Seidler -Fitzgerald Public Finance, and
Mr. Brian Quint, of the law firm of Jones Hall Hill and
White concerning certain services each would provide in
regard to the proposed 230 -KV Interconnection project.
Copies of proposed agreements covering these services were
presented for Council review. Both agreements are standard
for these kinds of professional services. The fee for
financial services will be in the vicinity of $112,500.
The fee for legal services will be approximately $45,000.
The payment of these fees are included in total amount of
the Certificates of Participation to be sold and is
included in the estimated issuance cost of $200,000 as
presented.
The issuance cost will represent only about 2% of what will
be the total issue. Combined with the 1% discount rate,
this results in a total issuance cost/discount rate of
approximately 3% of the issue. This is the result of the
unusual strength of this electric utility issue. This
compares with the normal total cost in this area of 5-6%,
which is probably what the City can look to at the time of
the financing of the White Slough wastewater treatment
plant expansion.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMENTS BY CITY
COUNCIL MEMBERS
BOYS AND GIRLS CLUB
JAll BAND CONCERT
APPLAUDED Council Member Olson applauded the recent Boys and Girls
Club Jazz Band Concert.
'.1
Continued May 4, 1988
POLICE DEPARTMENT'S
NEW "SPEED MACHINE"
COMPLIMENTED Council Member Reid indicated how impressed he was with the
Police Departments new "Speed Machine".
RV PARKING CONCERNS Council Member Hinchman expressed concern regarding RV
parking and posed a number of questions regarding the
CC -53(a) matter to Staff.
CC -150
INQUIRY REGARDING
UNAVAILABILITY OF
CITY PERMIT PARKING
LOT PERMITS Council Member Hinchman voiced his concern regarding the
unavailability of City permit parking lot permits.
CC -150
CONCERN EXPRESSED
REGARDING SPEED
LIMIT ON WEST LODI
AVENUE BETWEEN HAM
LANE AND MILLS
AVENUE Council Member Hinchman expressed his concern regarding the
40 M.P.H. speed limit on West'Lodi Avenue between Ham Lane
CC -48(a) and Mills Avenue and directed a number of questions
regarding the matter to Staff.
QUESTIONS REGARDING
LEAKING ROOF AT THE
OLD CARNEGIE LIBRARY
BUILDING Council Member Olson advised that she had received a call
from a citizen who was concerned about the leaking roof at
CC -14(a) the old Carnegie Library Building.
COMMENTS BY THE
PUBLIC ON NON AGENDA
ITEMS
GOEHRING MEAT, INC.
SEEKS SOLUTION
REGARDING SALT
INTRUSION OF THEIR
UNDERGROUND WATER
SUPPLY Mr. Ben Goehring, 15405 North Locust Tree Road, Lodi,
representing Goehring Meat, Inc., asked the City to assist
CC -44 them in finding a solution regarding salt intrusion of
CC -183(c) their underground water supply.
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 Pro Tempore Snider called for the
cc :r 7Ca)
Public Hearing to determine whether or not to defer the
November 1988 election on measures pertaining to the "Green
Belt" Initiative adopted by the electorate on August 1981
to June 1989.
The subject was introduced by Community Development
Director Schroeder who advised the City Council that Staff
recommends that the City Council determine that the
November, 1988 election on measures pertaining to the
"Green Belt" Initiative adopted by the electorate on August
25, 1981 be deferred until June, 1989.
Mr. Schroeder stated that although the "Green Belt"
Initiative requires a vote of the people on each project
proposed to be added to the Land Use Element of the General
Plan, it does not establish a date for the elections. The
City Council, by policy, has determined that the "Green
A41
Continued May 4, 1988
Belt" measures will be considered once a year at the time
of the November general election.
The staff is recommending that the November, 1988 election
not be held because the legality of the "Green Belt"
Initiative is pending before the Third District Appellate
Court. The concern is that the City may schedule an
election which would be unnecessary if the measure is
unconstitutional.
If the Court finds in favor of the Measure, it appears that
only commercial and industrial projects could be considered
because of the sewer moratorium imposed by the Council on
9
residential developments.
There were no persons in the audience wishing to speak on
the matter, and the public portion of the hearing was
closed.
On motion of Council Member Olson, Hinchman second, the
City Council determined to defer the November 1988 election
on measures pertaining to the "Green Belt" Initiative
adopted by the electorate on August 1981 to June 1989.
REQUEST FROM MORRIS
AND WENELL, ARCHITECTS
ON BEHALF OF FELLOWSHIP
MINISTRIES FOR
CONDITIONAL USE PERMIT
FOR CONVERSION AND
REHABILITATION OF
EXISTING BAR ON
NORTH SACRAMENTO
STREET
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -6
the City Clerk, Mayor Pro Tempore Snider called for the
CC -53(a)
Public Hearing to consider the request from Morris and
Wenell, Architects, on behalf of Fellowship Ministries,
Inc., 222 West Lockeford Street, Suite 9, Lodi, for a
Conditional Use Permit pursuant to Ordinance No. 1409 for
the conversion and rehabilitation of an existing bar into a
shelter for the homeless, which property is located at 19
North Sacramento Street, Lodi.
The matter was introduced by Community Development Director
Schroeder who presented diagrams of the subject area. Also
making a presentation regarding the request was Robert
Morris of Morris and Wenell, Architects and Planners, Inc.,
222 West Lockeford Street, Lodi.
Speaking on behalf of the request were:
A) Rudy Rodriquez, Director of the New Life Mission 7,
North Sacramento Street, Lodi
B) Linda Rodriquez, 7 North Sacramento Street, Lodi
C) Dr. Walter Reiss, 1200 West Vine Street, Lodi
D) Pastor Bob Mattheis, St. Paul's American Lutheran
Church, 701 South Pleasant Avenue, Lodi
E) Walter Sozich, 1608 Fawnhaven Way, Lodi
F) Larry Meyers, 131 South Avena Street, Lodi
G) James Verseput, 2120 West Lodi Avenue, Lodi
9
4�G
Continued May 4, 1988
Speaking in opposition was Gene Walton, Attorney -at -Law,
representing several property owners on Sacramento Street.
Also speaking in support were:
A) Tom Kooyman, Friendship Ministries
B) Debbie Craig, 232 Hilborn Street, Apt. #3, Lodi
C) Jared Coffey, 444 Murray Street, Lodi
City Clerk Reimche presented a letter of support that had
been received from Felicia Johnson, 130 North California
Street, Lodi.
There being no other persons wishing to address the Council
on the matter, the public portion of the hearing was closed.
Following discussion, the City Council on motion of Council
Member Hinchman, Reid second, granted the request for a
conditional Use Permit pursuant to Ordinance No. 1409 for
the conversion and rehabilitation of an existing bar into a
shelter for the homeless, which property is located at 19
North Sacramento Street, Lodi. The motion carried by an
unanimous vote of all Council Members present.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
April 25, 1988:
CC -35 The Planning Commission -
ITEMS OF INTEREST
1. Continued consideration of the request of Glen I.
Baumbach, c/o Baumbach and Piazza, Consulting
Engineers, on behalf of Maurice 0. Ray for the approval
of a Tentative Parcel Map to create two parcels from
1108, 1120 and 1132 Sylvia Drive and 811 South Fairmont
Avenue (APN's 033-080-19, 14, 13 and 16) in an area
zoned R -C -P, Residential -Commercial -Professional.
The matter was continued so that the developer could
provide the Planning Commission with a parking layout for
the existing convalescent hospital and the proposed future
development.
2. Conditionally approved the Tentative Parcel Map to
divide 306 North Cluff Avenue (APN 049-080-46) into
Parcels "A" and "B" in an area zoned M-2, Heavy
Industrial as requested by Terry Piazza, c/o Baumbach
and Piazza, Consulting Engineers, on behalf of ASA
Investments, a Partnership.
3. Conditionally approved the Tentative Subdivision Map of
Awani Estates, a 3.4 acre, 8 -lot single-family
residential project proposed for the north end of Awani
Drive (APN's 041-250-38 and 041-410-01) in an area
zoned R-1, Single -Family Residential as requested by
RLC Associates, Consulting Civil Engineers on behalf of
Pintail Investment Corporation.
4. Conditionally approved the Tentative Subdivision Map of
903 Park Place which combines Lots 7 and 8 of
Industrial Lite Subdivision (903 and 909 Black Diamond
Way) and resubdivides the joined lots into a one -lot
condominium in an area zoned M-2, Heavy Industrial as
requested by Glen I. Baumbach, c/o Baumbach and Piazza,
Consulting Engineers on behalf of Neal Weaver.
10
Continued May 4, 1988
RESOLUTION ADOPTED
REGARDING THE 230
KV -INTERCONNECTION
PROJECT APPROVING,
AUTHORIZING AND
DIRECTING EXECUTION
OF CERTAIN INSTALLMENT
SALE FINANCING DOCUMENTS,
APPROVING THE FORM AND
DISTRIBUTION OF A
PRELIMINARY OFFICIAL
STATEMENT, AND OFFICIAL
NOTICE OF SALE AND AN
OFFICIAL BID FORM IN
CONNECTION WITH THE
OFFERING AND SALE OF
CERTIFICATES OF
PARTICIPATION RELATING
THERETO
RES. NO. 88-64 City Manager Peterson advised that one of the procedural
actions which must be taken as part of the financing of the
CC -51(e) proposed 230 -KV interconnection project is the adoption by
CC -190 the City Council of a resolution authorizing and directing
11
5. Continued consideration of the request of Liquid
Carbonic Industrial/Medical Corporation for a Use
Permit to install a temporary office trailer and to
operate a truck terminal at 1123 West Vine Street in an
area zoned M-1, Light Industrial because no one was
present to represent the applicant.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On motion of Council Member Reid, Hinchman second, the City
Council denied the following Claims and referred them back
to the Leonard J. Russo Insurance Services, Inc., the
City's Contract Administrator:
A) David M. Smith (DOL 11/4/87)
8) Annette Mondavi (DOL 1/6/88)
PUC APPLICATIONS
City Clerk Reimche presented a copy of Reply of the Pacific
Gas and Electric Company to Response of Division of
CC -7(f)
Ratepayer Advocates to Application for Rehearing of
D.88-02-029.
DISSOLUTION OF SAN
JOAQUIN LOCAL
HEALTH DISTRICT
A letter was presented which had been received from Al
Crow, President of the Board of Trustees, San Joaquin Local
CC -2(c)
Health District, regarding dissolution of the district.
RECESS
Mayor Pro Tempore Snider declared a five-minute recess.
The Council reconvened at approximately 9:25 p.m.
ADJOURNMENT TO
MEETING OF THE LODI
PUBLIC IMPROVEMENT
CORPORATION
The meeting was adjourned at approximately 9:25 p.m. to a
meeting of the Lodi Public Improvement Corporation.
The City Council meeting reconvened at approximately 9:35
p.m.
REGULAR CALENDAR
RESOLUTION ADOPTED
REGARDING THE 230
KV -INTERCONNECTION
PROJECT APPROVING,
AUTHORIZING AND
DIRECTING EXECUTION
OF CERTAIN INSTALLMENT
SALE FINANCING DOCUMENTS,
APPROVING THE FORM AND
DISTRIBUTION OF A
PRELIMINARY OFFICIAL
STATEMENT, AND OFFICIAL
NOTICE OF SALE AND AN
OFFICIAL BID FORM IN
CONNECTION WITH THE
OFFERING AND SALE OF
CERTIFICATES OF
PARTICIPATION RELATING
THERETO
RES. NO. 88-64 City Manager Peterson advised that one of the procedural
actions which must be taken as part of the financing of the
CC -51(e) proposed 230 -KV interconnection project is the adoption by
CC -190 the City Council of a resolution authorizing and directing
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Continued May 4, 1988
the execution of certain installment sale financing
documents, approving the form and distribution of a
preliminary official statement, and Official Notice of Sale
and an official bid form in connection with the offering
and sale of certificates of participation relating
thereto. Mr. Brian Quint, of Jones Hall Hill & White,
the City's bond counsel, who was in attendance, made a
presentation and responded to questions regarding the
proposed resolution. The City Council was advised that the
appropriate supporting documents have been prepared by the
financial advisor and bond counsel and were presented for
Council's review.
Following discussion with questions being directed to Mr.
Quint and to Staff, the City Council on motion of Council
Member Hinchman, Olson second, adopted Resolution No.
88-64, "A Resolution Approving, Authorizing and Directing
Execution of Certain Installment Sale Financing Documents,
Approving the Form and Distribution of a Preliminary
Official Statement, an Official Notice of Sale and an
Official Bid Form in Connection With the Offering and Sale
of Certificates of Participation Relating Thereto and
Authorizing and Directing Certain Actions With Respect
Thereto."
TRUCK ROUTE
ENVIRONMENTAL IMPACT
REPORT REVIEW The City Council was advised that, at its October 21, 1987
meeting, the Council directed staff to take the necessary
CC -45(a) steps toward preparation of an Environmental Impact Report
CC -48(a) (EIR) on the establishment of truck routes within the City
of Lodi. This was done as part of the discussions
concerning the new Traffic Ordinance and regulation of
commercial vehicles.
One of the city wide problems that was to be addressed in
the new ordinance was that of truck parking in residential
areas. At the time the ordinance was drafted (early 1987),
the most effective way to prohibit truck parking in
residential areas was to restrict their travel.
Cities can restrict travel of commercial vehicles through
the establishment of weight limits. This is usually done
in one of two ways:
1) Weight Limits on Selected Streets - This is the
approach used in Lodi. Weight limits have been set on
two streets (East Tokay Street and Holly Drive). This
method requires signs on each street.
2) Weight Limits on All Streets Except Selected Streets
Truck Routes - This approach was suggested in the
new Traffic Ordinance but was not adopted due to
controversy over the status of Turner Road. Under this
method, signs are posted on the truck routes only.
Advantages include:
- Reduced signing
- Clearer message to truck drivers
- Better control in all residential areas, not just
streets with weight limit as in 1)
- Controls off-street parking in residential areas
- Slight reduction in street wear by putting trucks on
streets that are designed for truck loading.
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Continued May 4, 1988
The controversy over establishing Turner Road as a truck
route included both pro and con arguments with supporting
letters. Trucking industry representatives wanted the
truck route, and area residents wanted a weight limit that
would substantially reduce truck traffic. The City was
placed in a position where either action would need an EIR.
Staff contacted Jones and Stokes, the firm preparing the
City-wide General Plan update, and TJKM, the traffic firm
doing the Street Master Plan as part of the General Pian.
The EIR would be prepared by Jones and Stokes using the
traffic data generated by TJKM. Their proposals for
preparing the truck route EIR are attached. The cost of
the project is:
Jones & Stokes EIR $23,500
TJKM 13,500
City work (approximate) 5,000
Total $42,500
In spite of the advantages provided by establishment of
truck routes, staff has some reservations about going ahead
with the EIR. They are:
1) The environmental impacts will be vague and
inconclusive. Based on our knowledge of traffic
volumes and noise/air quality analyses, it is very
likely there will be no firm statements that will be
of use in decision making.
2) It is impractical to prohibit trucks on Turner Road.
Given the street network and location of Turner Road
and the businesses/industries.located on or near Turner
Road, a complete prohibition of trucks (even excepting
deliveries on Turner itself) will be impractical,
unenforceable, and ill-advised.
3) Even if some environmental impacts due to establishing
Turner Road as a truck route can be identified, there
are no practical mitigating measures and Council can
make a finding of overriding considerations and
establish the route anyway.
4) A compromise solution for Turner Road such as
prohibiting I-5 to Highway 99 trucks could be reached
without the expense of an EIR.
5) The money could be much better spent elsewhere such as
contributing toward the cost of a traffic signal.
In January 1988, a new State law went into effect allowing
Cities to restrict truck 'parking in residentially zoned
areas. The City's new ordinance makes this effective in
Lodi. Thus, the primary reason truck routes were even
considered no longer applies.
On motion of Council Member Hinchman, Olson second, the
City Council directed the City Clerk to place on the agenda
for the City Council Meeting of May 18, 1988, for
discussion and receipt of public input, the Truck Route
Environmental Impact Report.
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cu. J
Continued May 4, 1988
REQUEST TO USE
PUBLIC RIGHT-OF-WAY
FOR DISPLAY AND
SALE OF MERCHANDISE
AT CENTRAL FURNITURE
608 SOUTH CENTRAL
AVENUE DENIED
CC -16
CC -45(e)
CC -53(a)
RECREATION ACTIVITY
FEE REVIEW
CC -6
CC -40
CC -56
The City Council was advised that in October of last year,
the City reviewed with the City Council the different types
of encroachments that were taking place within the public
right-of-way. The Public Works Department is enforcing the
ordinance with respect to these encroachments. Letters
were sent to parties having encroachments allowing them
sufficient time to remove their property from the public
right-of-way. Approximately 40 businesses have now
complied with this request.
At the April 20, 1988 Council meeting, a letter dated March
29, 1988 from E. H. Spangler was received by the City
Council. Mr. Spangler is requesting a waiver of the
ordinance requirements in order to display sale merchandise
fronting his business.
The Council, at its meeting of February 17, 1988, reviewed
the request of the appliance stores of Kundert and Bauer
and Reo's Appliance for a waiver of the ordinance. In the
case of the appliance stores, their need was to facilitate
the deliveries from customers and suppliers. The City
Council did approve this use of the right-of-way under the
issuance of an encroachment permit.
The Chamber's Retail Merchants Committee is in agreement
with the City's position of cleaning up the sidewalk and
right-of-way of signs and sales material except for special
organized sidewalk sales.
It is felt that the approval of the variance for the
appliance stores was not precedent setting. However, the
approval of this request would set a precedent for allowing
the display and sale of material on the sidewalk and in the
public right-of-way. Therefore, it is Staff's
recommendation that this request be denied.
Mr. Spangler was not in attendance to speak on behalf of
his request.
Following discussion with questions being directed to Staff
the City Council on motion of Council Member Reid, Hinchman
second, denied the request of E. H. Spangler to use the
public right-of-way for display and sale of merchandise.
Following a review of Recreation Department activity fees
and discussion Council, on motion of Council Member Reid,
Olson second, approved the 50% maximum subsidy of Adult
Sports League Programs and authorized the Parks and
Recreation Commission to adjust sports league program fees
when the percentage goes over the 50% limit without
resubmitting a request for fee adjustments. Further, Staff
was directed to forward a report to Council on all fee
modifications.
EMPLOYMENT AGREEMENTS
FOR CITY ATTORNEY
AND CITY CLERK
APPROVED The City Manager introduced this matter advising that
shortly after his appointment in April, 1985, the City
CC -34 Council deemed it appropriate, and he concurred, that there
CC -90 be an employment agreement between the City and the City
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Continued May 4, 1988
Manager. Such an agreement was approved by the City
Council at its regular meeting of September 4, 1985. With
the appointment of the new City Attorney, then -Mayor
suggested it would be appropriate to put in effect a
similar agreement covering that position. It was further
suggested that the City Clerk be covered likewise by such
an agreement. This then would clearly set forth the terms
and conditions of employment of the City Council's three
full-time appointees. These agreements are patterned after
the City Manager's employment agreement.
The City Manager pointed out that perhaps the most
significant point is that these are agreements, not
contracts. Specifically, the agreements provide that:
"Nothing in this agreement shall prevent, limit or
otherwise interfere with the rights of the City Council to
terminate the services of EMPLOYEE" (meaning the City
Attorney or City Clerk as the case may be). Thus the
incumbents in these positions continue to serve as "at
pleasure" appointees of the City Council.
Following discussion with questions being directed to the
City Manager, the City Council, on motion of Council Member
Reid, Olson second, approved employment agreements between
the City of Lodi and the City Attorney and the City of Lodi
and the City Clerk. Further, the City Manager was directed
to present a report to the City Council annually on
vacation balances for the three Council appointees; namely
the City Manager, City Attorney, and City Clerk.
ORDINANCES
ORDINANCE AMENDING
LAND USE ELEMENT OF
THE LODI GENERAL
PLAN BY REDESIGNATING
THE 9.2 ACRE PARCEL
AT THE N/W CORNER OF
STATE ROUTE 99 AND
EAST TURNER ROAD
FROM COMMERCIAL TO
LOW DENSITY
RESIDENTIAL ADOPTED
ORDINANCE NO. 1424
ADOPTED Ordinance No. 1424 - entitled, "Ordinance Amending the Land
Use Element of the Lodi General Plan by Redesignating the
CC -53(a) 9.2 Acre Parcel at the Northwest Corner of State Route 99
CC -149 and East Turner Road from Commercial to Low Density
Residential" having been introduced at a Regular Council
Meeting held April 20, 1988 was brought up for passage on
motion of Council Member Reid, Hinchman 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 all Council Members present.
ORDINANCE REZONING
THE 9.2 ACRE PARCEL
LOCATED AT THE
NORTHWEST CORNER OF
STATE ROUTE 99 AND
EAST TURNER ROAD
FROM C -S TO R-1
ORDINANCE NO. 1425
ADOPTED Ordinance No. 1425 - entitled, "Ordinance Amending the
Official Map of the City of Lodi and Thereby Rezoning the
CC -53(a) 9.2 Acre Parcel Located at the Northwest Corner of State
CC -149 Route 99 and East Turner Road from C -S, Commercial Shopping
15
,j 0
Continued May 4, 1988
to R-1, Single -Family Residential" having been introduced
at a Regular Council Meeting held April 20, 1988 was
brought up for passage on motion of Council Member Olson,
Hinchman 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 all
Council members present.
ADJOURNMENT There being no further business to come before the Council,
Mayor Pro Tempore Snider adjourned the meeting at
approximately 10:15 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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