HomeMy WebLinkAboutMinutes - October 5, 1988116
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, OCTOBER 5, 1988
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Olson, Reid,
Snider and Pinkerton (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
INVOCATION
The invocation was given by Assistant City Manager Glenn.
PLEDGE OF
The Pledge of Allegiance was led by Mayor Pinkerton.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS
Mayor Pinkerton presented the following proclamations:
CC -37
a) "Public Power Week" - October 9 - 15, 1988
b) "Rideshare Week '88" - October 3 - 7, 1988
c) Proclamation urging the citizens of Lodi to register
to vote and to vote
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member
Hinchman, Olson second, approved the following items
hereinafter set forth. Agenda item E-13 entitled, "Approve
agreement with Dave Smith for Wine Country Carriage to
operate a horse-drawn wagon -carriage concession at Lodi
Lake Park and authorize the City Manager and City Clerk to
execute the agreement" was removed from the Consent
Calendar and discussed and acted upon at a later point on
the agenda.
****************************************
CLAIMS CC -21(a) Claims were approved in the amount of $3,458,925.53.
MINUTES The Minutes of September 7, 1988 were approved as written.
VARIOUS SPECIFI-
CATIONS APPROVED City Council approved the following specifications and
authorized advertising for bids:
CC -12.1(b) a) Purchase of 20,000 feet of No. 2-15 KV XLPE Cable
CC -12.1(c) b) Painting and Preparation Work at 303 West Elm Street,
contract
CC -12.1(c) c) Lodi Lake beach sand material
PLANS AND SPECIFI-
CATIONS FOR SOFTBALL
COMPLEX FENCE
REPLACEMENT, 401
NORTH STOCKTON
STREET APPROVED The City Council approved the plans and specifications for
the Softball Complex Fence Replacement, 401 North Stockton
CC -12.1(a) Street, and authorized advertising for bids.
1
117
Continued October 5, 1988
The City Council was advised that this project was
originally planned to include a 16 -foot outfield fence to
prevent windshield breakage in the parking lot. Bids were
rejected by the City Council when objections were raised
concerning the height of the fence.
The project was reviewed by the Parks and Recreation
Commission and the City Attorney. It was determined that a
12 -foot fence with warning signs would sufficiently relieve
the City of liability.
The project has been redesigned and includes a 12 -foot
outfield fence with 20 -foot foul line marker poles, a
mowstrip, and miscellaneous fence repairs.
PLANS AND SPECIFI-
CATIONS FOR SOFTBALL
COMPLEX UTILITY ROAD,
401 NORTH STOCKTON
STREET APPROVED The City Council approved the plans and specifications for
the Softball Complex Utility Road, 401 North Stockton
CC -12.1(a) Street and authorized advertising for bids, and transferred
sufficient funds from the excess in the Softball Complex
shade structure account for this project.
The City Council was apprised that the utility service road
from Lawrence Avenue will allow vendors and suppliers
access to the concession stand area without interfering
with pedestrians in the bleacher area. The Parks and
Recreation Department has also requested additional paving
adjacent to the roadway to accommodate accessory vehicles
associated with the sports tournaments held there. This
additional work accounts for a portion of the project
overrun. The remainder is due to the original low budget
estimate. Funds remaining in the Softball Complex shade
structure account will be sufficient to do this work and
replace or modify the backstops which were included in that
project.
AWARD BID FOR THE
PURCHASE OF FOUR
CUSHMAN VEHICLES
RES. NO. 88-137
The City Council adopted Resolution No. 88-137 awarding
the bid for the purchase of four Cushman vehicles to the
CC -12(d)
low bidder, Duke Equipment Company of Rancho Cordova, in
CC -47
the amount of $32,012.01 and approved allocation of
additional funding of $4,962.01 from the 12 Equipment Fund
to cover this purchase.
The City Council was advised that on September 7, 1988 it
approved the specifications for the purchase of said
vehicles and authorized advertisement for bids. Bids were
opened on September 27, 1988 with the following results:
Duke Equipment and Irrigation $32,012.01
Rancho Cordova, CA
West Star Distributing $33,994.20
Hayward, CA
Turf and Industrial Equipment $36,456.05
Santa Clara, CA
(Bidding Daihatsu vehicles)
Golden Bear Equipment No Response
North Highlands, CA
118
Continued October 5, 1988
J. M. Lift No Response
Stockton, CA
Three of the vehicles purchased would be used by the Parks
and Recreation Department to replace existing units. The
fourth vehicle would be used at the Community Center for
maintenance and hauling of materials and equipment between
buildings or scheduled activities.
On December 16, 1987, City Council approved Cushman as the
standard small vehicle for use by the Parks and Recreation
Department.
The 1988/89 Equipment Fund Budget included $27,050 for the
purchase of these four vehicles. However, with the low bid
entered at $32,012.01, additional funding of $4,962.01
would be required and is requested herein.
Delivery would be expected about four weeks after placement
of order.
AWARD BID FOR THE
PURCHASE OF FIRE
APPARATUS INTERCOM
SYSTEM (SOLE MANUFACTURER
DAVID CLARK COMPANY)
RES. NO. 88-138 The City Council adopted Resolution No. 88-138 awarding
the bid for the purchase of Fire Apparatus Intercom
CC -12(d) Systems, manufactured by the David Clark Company of
CC -47 Worchester, Massachusetts, to the low bidder, L. N. Curtis
and Sons of Oakland, California, in the amount of
$12,855.68.
The City Council was reminded that on September 7, 1988 it
approved specifications for the purchase of said equipment
and authorized advertisement for bids. Bids were opened on
September 27, 1988 with the following results:
L. N Curtis and Sons $12,855.68
Oakland, CA
Jan Industrial Electronics $13,121.95
Philadelphia, PA
Santa Rosa Fire Equipment $13,462.00
Santa Rosa, CA
Mine Safety Equipment Co. No bid
Simi Valley, CA
Solon Fire Control No bid
Folsom, CA
The purpose of this equipment is to improve radio
communications and provide hearing protection to all
employees during Code 3 emergency responses. With this
equipment each employee on the fire engine or truck will
wear a headset which will allow for intercom and radio
reception and transmission. These headsets also block out
the engine, siren, and air horn noise which can reach
levels which will permanently damage hearing.
Funds for the purchase of this equipment have been budgeted
in the 1988-89 Equipment Fund.
Delivery is expected about 6 weeks following placement of
order.
3
119
Continued October 5, 1988
AWARD BID FOR THE
PURCHASE OF TWO
DIGGER -DERRICK
BUCKET TRUCKS
RES. NO. 88-139 The City Council adopted Resolution No. 88-139 awarding the
bid for two digger-derrick/bucket trucks to the low bidder,
CC -12(d) meeting specifications, Pac Power, Dixon, California, in
CC -47 the amount of $262,033.70.
The City Council was advised that on August 17, 1988, it
had approved specifications and authorized the
advertisement for bids for two digger-derrick/bucket
trucks. These_ units are for replacement of existing line
truck #2 and for use by the additional line crew being
added to the Department's staff during this fiscal year.
The specifications call for a truck configuration with the
aerial unit mounted behind the cab. It was subsequently
determined to request a bid for a configuration with the
aerial mounted over the rear axle and thus an addendum to
the specifications was mailed to all prospective bidders.
This alternate configuration does offer an advantage in
unique work situations and it is felt that the Department
would benefit from having one unit of this "over -the -axle"
arrangement in its equipment fleet.
The apparent low bidder, West Coast Utility Equipment Co.,
did take seven exceptions to the specifications of which
one is especially significant. The specifications call for
the 'top controls' of the aerial device, i.e. the controls
used to operate (manipulate) the unit from either bucket
position to "be removable and capable of being mounted to
the lip of either bucket." The ability of the operator to
position the controls at any location on the bucket lip,
i.e. between the operator and the work area and within view
and easy reach, is a significant safety feature. The
apparent low bidder's control unit is located on the boom
supporting the buckets, thus not meeting this very
important safety requirement.
Based on the exception(s) taken by the apparent low bidder,
the above recommended award was made. This recommendation
is further based on one unit of each configuration.
Funding for this purchase was included in the 1988-89
fiscal year budget.
BID EVALUATION - EUD-88-5
DIGGER-DERRICK/BUCKET TRUCKS
Behind Cab Over Axle
Unit Price Delivery Unit Price Deliver
Incl. Tax Weeks Incl. Tax Weeks
Pac Power
Dixon, CA $130,766.90
Utility Body Company
Berkeley,CA 148,779.48
30-34 $131,266.80 30-34
16 148,779.48 16
West Coast Utility Equip. *
Fontana, CA 129,806.54 28-32
Pacific Mobile Equip. Corp.
Benicia, CA
129,806.54 28-32
Late Bid
120
Continued October 5, 1988
Heil Equipment Company
Dixon, CA No Bid
Mobile Hydraulic Equip., Inc.
West Sacramento, CA No. Bid
* Does not meet specifications
RESOLUTION OF
INTENTION TO
VACATE THE WEST
FIFTEEN FEET OF
RAVENWOOD WAY ADOPTED
RES. NO. 88-140 The City Council adopted Resolution No. 88-140 a
resolution of intention to abandon the west 15 feet of
CC -52(c) Ravenwood Way; referred the matter to the Planning
Commission; and set the matter for public hearing at the
regular Council meeting of November 2, 1988.
The City Council was advised that this abandonment has been
requested by Gibraltar Community Builders pursuant to an
order issued by the Superior Court. Wilbert and Roberta
Ruhl obtained a judgement establishing certain easement
rights in their favor over a portion of the Noma Ranch
Subdivision. Gibraltar and Ruhl have agreed upon a method
of resolving this dispute whereby Gibraltar will grant the
Ruhl's easement rights in exchange for certain
consideration. Specifically, the Ruhls will obtain a
15 -foot easement over the westerly portion of Lots 1 and 20
in the Noma Ranch Subdivision as well as the westerly 15
feet of Ravenwood Way. In order to accomplish this, the
City of Lodi will need to vacate and abandon the westerly
15 feet of Ravenwood Way as well as a portion of certain
improvements along Almond Drive where the Ruhl's roadway
would intersect Almond Drive. Gibraltar will then
construct a fence along the boundary between the Ruhl
property and Noma Ranch. The fence to be constructed at
the end of Ravenwood Way would have a gate with a City lock.
The owners have paid the required fees to process this
abandonment. Pacific Bell, PG&E, King Videocable Company,
and City utilities have been notified of this proposed
abandonment and their approval will be secured prior to the
final action.
In exchange for the abandonment and vacation, the adjacent
owners, Wilbert and Roberta Ruhl, have agreed to execute a
deed restriction, to be recorded and run with the land,
obligating them or their successors in interest to restore
the public rights-of-way at such time as they or their
successors in interest seek any development permit or map,
at their own cost. This simply means that at such time as
the adjacent Ruhl property is used for anything other than
its present agricultural uses, the owners of the property
at that time will be required to rededicate to the City the
land abandoned here, and to provide the extension of such
public rights-of-way in conjunction with any development.
IMPROVEMENTS AT 631
NORTH CLUFF AVENUE
ACCEPTED
RES. NO. 88-141 The City Council adopted Resolution No. 88-141 accepting
the development improvements included in the Development
CC -46 Agreement for 631 North Cluff Avenue and as shown on
Drawing Nos. 88D025 through 880026.
121
Continued October 5, 1988
The City Council was informed that improvements at 631
North Cluff Avenue have been completed in substantial
conformance with the requirements of the Development
Agreement between the City of Lodi and Modern Building
Company dated May 13, 1988, and as specifically set forth
in the plans and specifications approved by the City
Council.
No streets are to be accepted.
AGREEMENT WITH DAVE
SMITH FOR WINE
COUNTRY CARRIAGE TO
OPERATE A HORSE-DRAWN
WAGON -CARRIAGE CONCESSION
AT LODI LAKE PARK
APPROVED
Presented for City Council approval was an agreement
prepared by the City Attorney with David Smith, dba Wine
CC -6
country Carriage, to establish an exclusive agreement
CC -22(a)
whereby Mr. Smith would provide carriage rides in Lodi Lake
CC -90
Park.
The Agreement is for an initial period of one year, and is
renewable thereafter on a year-to-year basis by mutual
consent. In exchange for the exclusive right to haul
passengers in the Park, Mr. Smith will pay to the City 10%
of his gross revenues.
Following discussion with questions being directed to the
City Attorney regarding the proposed agreement, on motion
of Council Member Reid, Hinchman second, the City Council
approved the subject agreement and authorized .the City
Manager and City Clerk to execute the agreement.
COMMENTS BY CITY
COUNCIL MEMBERS
The following comments were received under the "Comments by
City Council Members" segment of the agenda:
REPORT BY CITY'S
REPRESENTATIVE TO
LAFCO REGARDING THE
ANNUAL LAFCO
CONFERENCE
Council Member Olson gave a brief report regarding the
Annual Local Agency Formation Commission (LAFCO)
CC -7(m)
Annual Conference she recently attended.
MAYOR PINKERTON
REQUESTS INFORMATION
REGARDING ENFORCEMENT
OF TRUCK TRAFFIC ON
TURNER ROAD
Following a request by Mayor Pinkerton for "effective
enforcement" of truck traffic on Turner Road, the City
CC -45(a)
Manager reported that he had instructed the Chief of Police
CC -48(a)
to have police department personnel stop trucks on Turner
Road to determine their destination. This is being done in
an effort to determine the extent of through truck traffic
on Turner Road.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS
There were no persons in the audience wishing to speak
under this segment of the agenda.
6
122
I
Continued October 5, 1988
REPORT GIVEN
REGARDING SURVEY
OF BUILDABLE LOTS
IN THE CITY OF
LODI Community Development Director Schroeder reported on the
CC -27(a) City of Lodi Buildable Lots Survey.
CC -35
CC -91
CITY ATTORNEY GIVES
UPDATE ON MEASURE A
LAWSUIT City Attorney McNatt gave an update on the Measure A
lawsuit.
CC -4(a)
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
September 26, 1988:
The Planning Commission -
CITY ATTORNEY REQUESTED
TO PREPARE AN ORDINANCE
WHICH WILL BRING THE
CITY'S "GRANNY UNIT"
ORDINANCE INTO CONFORMANCE
WITH EXISTING STATE
LAW Recommended that the City Attorney prepare an Ordinance for
adoption by the City Council which will bring the City's
CC -35 "Granny Unit" Ordinance (i.e. Residential Second Unit)
CC -53(a) into conformance with existing State law.
CC -149
PROPOSED AMENDMENT
FOR OFF-STREET PARKING
REQUIREMENTS FOR
TRIPLEXES, FOURPLEXES
AND MULTIPLE -FAMILY
UNITS IN AREAS ZONED
R -LD, R -GA, R -MD, AND
R -HD SET FOR PUBLIC
HEARING Recommended that the off-street parking requirements for
triplexes, fourplexes and multiple -family units in areas
CC -35 zoned R -LD, Low Density Multiple Family Residential, R -GA,
CC -53(a) Garden Apartment Residential, R -MD, Medium Density Multiple
CC -149 Family Residential, and R -HD, High Density Multiple Family
Residential, be increased from 1 1/2 spaces per unit to 2
spaces per unit.
On motion of Council Member Hinchman, Olson second, the
City Council set this matter for public hearing on November
2, 1988.
Further, the Planning Commission -
Determined that 1988-89 through 1992-93 Water Capital
Improvement Program was consistent with the Lodi General
Plan and recommended its approval to the City Council.
Determined that the 1988-89 through 1992-93 Capital
Improvement Program was consistent with the Lodi General
Plan and recommended its approval to the City Council.
7
REPORT BY COMMUNITY
DEVELOPMENT DIRECTOR
CONCERNING RECOURSE
THE OWNER OF A
SINGLE-FAMILY
RESIDENCE HAS IF
THE RESIDENCE IS
LOCATED IN THE
"MORATORIUM AREA"
AND iS SURROUNDED
BY APARTMENT
COMPLEXES Community Development Director Schroeder presented the
following report concerning the recourse the owner of a
CC -35 single-family residence has if the residence is located in
CC -53(a) the "Moratorium Area" and is surrounded by apartment
complexes:
123
Continued October
5, 1988 j
ITEMS OF INTEREST TO THE CITY COUNCIL
1. Denied the request of Donald R. Pearson on behalf of H
and M Builders for the approval of the Tentative
Subdivision Map of Iris Place, Phase II, a 1.0 acre,
6 -lot single-family residential project proposed for
1420 Iris Drive (APN 033-040-15) in an area zoned R-1,
Single Family Residential.
2. Conditionally extended for a period of six months the
Temporary Use Permit of Concrete, Inc. to install a
portable batch plant and office trailer at 1360 East
Turner Road in an area zoned M-2, Heavy Industrial.
3. Conditionally approved the request of Weil Motors for a
Use Permit to install a temporary office trailer at 2
West Lockeford Street in an area zoned C-2, General
Commercial.
4. Determined that a zoning hardship did not exist and
denied the request of Harry Ilgenfritz for a zoning
variance to reduce the setback for a monument sign from
10 feet to 4 feet at 1330 South Ham Lane in an area
zoned R -C -P, Residential -Commercial- Professional.
On motion of Council Member Hinchman, Olson second, the
City Council set this matter for public hearing on November
2, 1988.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c)
On motion of Council Member Olson, Reid second, the City
Council denied the following claim which had been filed
against the City of Lodi:
a) Raymond Davenport - date received August 12, 1988
ABC APPLICATIONS
City Clerk Reimche presented the following application for
Alcoholic Beverage License which had been received:
CC -7(f)
a) Angele M. Ingrao, 360 East Lodi Avenue, Lodi, CA, On
Sale General Eating Place - Person to Person Transfer
PUC APPLICATIONS
City Clerk Reimche presented a notice that had been
received from Pacific Gas and Electric Company (PG&E)
CC -7(f)
advising of its filing of Application No. 88-09-032 in
which it requests authority from the California Public
Utilities Commission to increase its rates for natural gas
services under the Annual Cost Allocation Proceeding.
REPORT BY COMMUNITY
DEVELOPMENT DIRECTOR
CONCERNING RECOURSE
THE OWNER OF A
SINGLE-FAMILY
RESIDENCE HAS IF
THE RESIDENCE IS
LOCATED IN THE
"MORATORIUM AREA"
AND iS SURROUNDED
BY APARTMENT
COMPLEXES Community Development Director Schroeder presented the
following report concerning the recourse the owner of a
CC -35 single-family residence has if the residence is located in
CC -53(a) the "Moratorium Area" and is surrounded by apartment
complexes:
124
Continued October 5, 1988
At the City Council meeting of Wednesday, September 7,
1988, Council -Person Olson asked what a single-family
property owner in the East Side Study could do with his
property when it was adjacent to multiple family on two or
three sides.
The Ordinance, as adopted by the City Council, classified
that property as single-family and no units could be
added. However, under the City's "Granny Ordinance"
(Residential Second Units) he might be eligible for an
additional unit as are many other single-family parcels
throughout the City.
It has been determined that in the East Side study area
there exist 43 single-family homes that abut on two sides
or more by other than single-family units or duplexes. To
permit 43 additional apartment conversions would aggravate
the problems of utility impactions, traffic and
overcrowding the Planning Commission and City Council were
concerned about when the East Side zoning was accomplished.
When the present sewer moratorium was adopted, no
additional conversions to apartments were contemplated in
the study area. It appears that any changes in the status
of the 43 homes will have to wait until the White Slough
expansion and utility improvements are completed.
REGULAR CALENDAR
ACQUISITION OF
PROPERTY FOR
C -BASIN City Attorney McNatt apprised the City Council that
at the Council meeting of September 28, 1988, he was
CC -27(a) directed to explore possible disposition of the matter
CC -27(c) involving redesign of and land acquisition for the C -Basin
park on Beckman Road.
As the Council will recall, the original design of the park
was modified somewhat to accommodate the desires of Daryl
Geweke, who wished to acquire adjacent property from the
Kettelman family. A second plan was drafted, which has
been found by the Parks and Recreation Department to be
preferable to the original design. However, the redesign
involves placing the park east of the existing Basin on
land which presently belongs to the Parker/Briggs family.
The Parker/Briggs family has stated they are willing to
sell the necessary land to the City of Lodi for the same
amount as that paid by Mr. Geweke to the Kettelmans
($26,260 per acre), but as a condition, wish the park to be
named "Rueben and Mary Pixley Park" in honor of the
Parker/Briggs ancestors.
This condition has not been universally endorsed by parties
involved, who point out that parks are traditionally named
to honor families who donate the land, not simply sell it
to the public entity. However, the Parker/Briggs family
believes their land is worth over twice the amount per acre
paid by Mr. Geweke to the Kettelmans for adjacent land, and
thus they feel they are making a substantial donation
toward the park.
After consultation and negotiation with Attorneys Lewis
Hawkins, representing the Parker/Briggs interest, Gerald
Sperry representing Mr. Geweke, and Robert Elliott on
behalf of the Kettelmans, there appear to be three workable
options available:
125
Continued October 5, 1988
OPTION 1:
Abandon plans to expand the C -Basin, and construct a park.
This does not appear practical based on the City's needs
and Council's desires as heretofore expressed.
OPTION 2:
Execute a four -party agreement in which the City agrees to
build the revised plan and name the park "Rueben and Mary
Pixley Park". Under this scenario, the Parker/Briggs
family will accept the same amount per acre ($26,260 per
acre), Mr. Geweke will agree to pay the additional costs of
the redesigned plan, and the Kettelmans will sell the land
necessary to the City and to Mr. Geweke. Tentative
negotiations indicate this is acceptable to the Kettelmans
and Mr. Geweke.
The only real hurdle left under this option is the
willingness of the Council to name the park after the
Pixley family. If that is agreeable, then this appears to
be the most viable option.
OPTION 3:
Under this option, should the Council decide against naming
the park after the Pixley family, and the Briggs/Parker
family will not voluntarily sell the land otherwise, the
Council may wish to set a date for a hearing on a
resolution of necessity to acquire the land by eminent
domain. If this is done, Mr. Geweke has indicated his
willingness to pay the ultimate value of the land as
determined in litigation, as well as costs of an associate
lawfirm for the litigation.
Before this is done, however, a finding should be made by
the City Council that the second design is preferable for
municipal needs, and not adopted primarily to accommodate
Mr. Geweke. The City may not use its eminent domain powers
to acquire land simply to assist private interests.
However, if the second design of the park is preferable
from a municipal standpoint, the fact that Mr. Geweke is an
incidental beneficiary is unimportant.
The desirability of this option should be weighed against
the risks inherent in litigation. If found preferable, the
Council should set the hearing on the resolution of
necessity for the November 2, 1988 Council meeting.
On the other hand, if the second option (naming the park
after the Pixley family) is decided upon, a resolution
authorizing the City Manager and City Clerk to execute the
necessary documents for acquisition of the land, and
designating the site "Rueben and Mary Pixley Park" should
t be brought back for adoption at the October 19, 1988
Council meeting.
Following discussion with questions being directed to the
City Attorney, Council, on motion of Mayor Pro Tempore
Snider, Hinchman second, voted to go forward with Option 2
as heretofore set forth.
The City Attorney apprised the City Council that a
resolution authorizing the City Manager and City Clerk to
execute the necessary documents for acquisition of the
land, and designating the site "Rueben and Mary Pixley
Park", will be brought back to the City Council for
adoption at the October 19, 1988 Council meeting.
10
126
Continued October 5, 1988
REFINANCING OF THE
TURNER ROAD/CLUFF
AVENUE ASSESSMENT
DISTRICT
RES. NO. 88-142
RES. NO. 88-143
Following the introduction of the matter by the City
Manager and Attorney -at -Law Tim Hachman, the City Council
CC -10(g)
on motion of Mayor Pro Tempore Snider, Olson second adopted
the following resolutions pertaining to the refinancing of
the Turner Road/Cluff Avenue Assessment District:
Resolution 88-142 - A Resolution Appointing Escrow Bank,
Registrar, Transfer Agent and Paying Agent and Authorizing
Execution of Fee Agreement for Services
Resolution No. 88-143 - A Resolution Determining Unpaid
Reassessments and Providing for Issuance of Refunding Bonds
Resolution No. 88-142 appoints Bank of America as fiscal
agent to perform those services required to service the
debt and establish escrow, etc. They have performed these
services on the original Turner Road/Cluff Avenue financing
and are very capable.
Resolution No. 88-143 determines the amount of unpaid
assessments, sets forth provisions for issuance of the
Refunding Bonds, establishes the necessary funds for
administering the proceeds of the sale of the Refunding
Bonds and provides for redemption of the Refunding Bonds at
maturity.
CONSOLIDATION OF
MUNICIPAL ELECTIONS
WITH THE STATEWIDE
GENERAL ELECTION
ORD. NO. 1438
INTRODUCED
City Attorney McNatt introduced the matter advising that at
the direction of the City Council, an Ordinance has been
CC -18
prepared which, if adopted, will consolidate the municipal
election with the Statewide general election. As the
Council is aware, municipal elections have previously been
held on the second Tuesday of April in even numbered years,
and the Statewide general elections on the first Tuesday
following the first Monday in November of even numbered
years. The intent of the proposed ordinance is to increase
voter turnout and avoid additional costs of a separate
municipal election.
Under applicable State law, if the Council adopts the
ordinance, it must then be forwarded to the County Board of
Supervisors for approval. Government Code §36503.5
specifies that the Board of Supervisors . shall . .
approve (the ordinance) ... unless the ballot style, voting
equipment, or computer capability is such that additional
elections or material cannot be handled." In speaking with
San Joaquin County Registrar of Voters George Cunningham,
it appears that no such problems would exist in the City's
case.
It is also noted that the Cities of Tracy and Manteca have
already consolidated their municipal elections with the
Statewide general election. According to Mr. Cunningham
this has resulted in an increase in voter turnout of
approximately fifty percent.
Assuming that the Council adopts this Ordinance, and
approval is given by the County Board of Supervisors, it
11
127
Continued October 5, 1988
would then be required that the City Clerk provide notice
to all registered voters in the City of the change in
election date and of the fact that Council members' terms
would be extended by approximately seven months.
Following discussion, the City Council on motion of Council
Member Hinchman, Olson second, introduced Ordinance No.
1438 entitled, "An Ordinance of the Lodi City Council
Consolidating Municipal Elections with Statewide General
Elections".
DIAL -A -RIDE FOR
VOTERS NOT APPROVED City Attorney McNatt made the following report regarding
"Dial -A -Ride" transportation for voters:
CC -18
CC -50(a) In conjunction with the City's consolidation of municipal
CC -50(b) elections with the general election, the Council has
directed that measures to increase voter turnout be
explored. Among other things, it has been proposed that
Dial -A -Ride vehicles be utilized to provide transportation
for voters to and from the polls on election day.
In researching the legalities of this proposal, it appears
that no State law would be violated. While Article 16, §6
of the California Constitution prohibits making a gift of
public funds to any individual, it has been held that use
of such funds for a "public purpose" is proper, and that
the determination of what is a "public purpose" is
generally a matter for legislative discretion (Alameda
County v. Janssen (1940) 16 Cal.2d 276). Alit ough
providing free transportation to voters would obviously
bestow some benefit on individuals, if the Council
determined that such action was in the public interest and
was thus a "public purpose", the action could be upheld.
That is not to say that some Council candidate might not
attempt to allege that such a pian favors incumbents who
bestowed such a benefit, but this argument appears rather
weak.
In addition, the proposed action does not appear to violate
the provisions of Election Code 5§29621 or 29622, which
generally prohibit gifts or payments to voters for voting.
The essence of these statutes is that some benefit, gift or
consideration was given or promised to a voter to:
1. Refrain from voting
2. Remain away from the polls entirely
3. Vote for a particular person or measure.
As long as no election materials or advertisements were
attached to or located in the Dial -A -Ride vehicles, urging
a vote for a particular person or measure, the provisions
of Election Code §§29621 and 29622 would probably not apply.
This proposal was also discussed with Paul Valle-Riestra,
Staff Attorney for the League of California Cities, and
with Deputy Secretary of State Deborah Seiler, both of whom
were unaware of any reason under State law why it would be
prohibited.
City Attorney McNatt has been informed that there is
presently no Federal grant money in the Dial -A -Ride
program, so potential problems with certain Federal
statutes are avoided. If this assumption were shown to be
erroneous, there are numerous cases which prohibit the use
of Federal grant funds in various programs from being
utilized "... to provide voters or prospective voters with
f
128
Continued October 5, 1988
transportation to the polls or similar assistance in
connection with any such election " (Southeastern Human
Development Corp. v. Schweiker (1982) 531 F.Supp. 40)_.
In summary, while the City Attorney has found no law which
directly addressed the situation contemplated, it appears
that if the Council wishes, it may direct that Dial -A -Ride
vehicles be utilized to provide voters transportation to
and from the polls on election day.
Following discussion, the City Council on motion of Council
Member Hinchman, Olson second, determined it would not
provide free Dial -A -Ride transportation for voters.
REPORT REGARDING
- "Shirtsleeve" - Water Rates
PROPOSED ALTERNATE
and Financing
WATER RATE SCHEDULE
City Manager Peterson gave the following report regarding
proposed alternate water rate schedule:
CC -56
- City Council sets January 4,
CC -183(e)
At the "Shirtsleeve" session of September 20, 1988 the City
Council reviewed the recommended five-year Capital
Improvement Program for the water system. The major
January 4, 1989
portion of that program, if it is to be accomplished in the
five-year period as presented, will involve long-term
financing and the issuance of Certificates of Participation
as we did in the recent White Slough expansion project.
The total project cost is approximately $6.4 million. The
January 25, 1989 -
original schedule called for a public hearing on this
January 26, 1989 -
matter at the regular City Council meeting of October 19,
1988. During the Council's review at the September 20
February 1, 1989 -
"Shirtsleeve" session, comments by some Councilmembers led
staff to conclude that it would perhaps be of value to
develop an alternate approach to adjustments to the water
rate schedules, while still maintaining flat rates for all
residential units. The approach staff is now developing
involves a series of flat rates which increase with the
size of the home, i.e. the number of bedrooms as we have
done for years with the sanitary sewer rate schedules.
The development of this alternative will require a change
in the financing schedule. As it now stands, the revision
will result in the following series of events if the
Council opts for long-term financing:
November 8, 1988
- "Shirtsleeve" - Water Rates
and Financing
November 15, 1988
- "Shirtsleeve" - Water Rates
and Financing (if necessary)
November 16, 1988
- City Council sets January 4,
1989 for public hearing on
water rate adjustments as
required by State law
January 4, 1989
- City Council holds public
hearing on water adjustments;
adopts resolution setting
rates effective February 1,
1989 (recommended)
January 25, 1989 -
Pre-closing (San Francisco)
January 26, 1989 -
Closing; proceeds received by
City (San Francisco)
February 1, 1989 -
New rates become effective
13
Continued October 5, 1988
129
i
14
The City Manager concluded his report by stating the City
Council will be kept apprised as this schedule moves along.
ORDINANCES
ORDINANCE ACCEPTING
THE PENAL CODE
REQUIREMENTS RELATING
TO THE SELECTION AND
TRAINING STANDARDS
OF
PUBLIC SAFETY
DISPATCHERS
ORD. NO. 1435
ADOPTED
Ordinance No. 1435 entitled, "An Ordinance of the Lodi City
Council Accepting the Penal Code Requirements Relating to
CC -149
the Selection and Training Standards of Public Safety
CC -152
Dispatchers" having been introduced at an adjourned regular
meeting of the Lodi City Council held September 28, 1988
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 a unanimous vote of the
City Council.
ORDINANCE AMENDING
SPECIFIC PLAN OF
LOWER SACRAMENTO
ROAD BETWEEN KETTLEMAN
LANE AND LODI AVENUE
ORD. NO. 1437
ADOPTED
Ordinance No. 1437 entitled, "An Ordinance Amending the
Specific Plan of Lower Sacramento Road Between Kettleman
CC -149
Lane and Lodi Avenue, Lodi" having been introduced at an
CC-t5't
adjourned regular meeting of the Lodi City Council held
September 28, 1988 was brought up for passage on motion of
Council Member Hinchman, Olson second. Second reading of
the ordinance was omitted after reading by title, and the
ordinance was then adopted and ordered to print by a
unanimous vote of the City Council.
ADJOURNMENT
There being no further business to come before the
City Council, Mayor Pinkerton adjourned the meeting at
approximately 8:17 p.m.
ATTEST:
Alice M. Reimche
City Clerk
14