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HomeMy WebLinkAboutMinutes - July 15, 198792 CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Reid, Hinchman second, approved the following items hereinafter set forth with the exception of agenda item "N" - "Report regarding consolidation of precincts for November 3, 1987 Special Election" which was removed from the Consent Calendar and placed on the Regular Calendar. CLAIMS CC -21(a) Claims were approved in the amount of $1,286,145.93. MINUTES There were no minutes presented for Council approval at this meeting. SPECIFICATIONS FOR VARIOUS ITEMS APPROVED BY COUNCIL Council approved the following specifications and authorized the advertising for bids thereon: CC -12.1(b) CC -20 I. Four hundred chairs, forty tables, and four CC -47 table storage racks for Hutchins Street Square. II. Four 10 KVA, fifteen 25 KVA, fourteen 37.5 KVA, sixteen 50 KVA and eight 75 KVA single-phase Polemount Transformers III. Six 75 KVA single-phase, two 500 KVA and one 1500 KVA three-phase padmount transformers IV. 15,000 feet of #2 aluminum, 20,000 feet of X2/0 aluminum and 40,000 feet of 750 MCM Aluminum 15-kv concentric neutral cable V. Class II Slurry Seal - for sealing 642,780 square feet of streets 1 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, JULY 15, 1987 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Pinkerton, Reid, Snider, and Olson (Mayor) Absent: Council Members - None Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Assistant City Manager Glenn. PLEDGE OF The Pledge of Allegiance was led by Mayor Olson. ALLEGIANCE PRESENTATIONS There were no awards, presentations, or proclamations presented at this meeting. REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Reid, Hinchman second, approved the following items hereinafter set forth with the exception of agenda item "N" - "Report regarding consolidation of precincts for November 3, 1987 Special Election" which was removed from the Consent Calendar and placed on the Regular Calendar. CLAIMS CC -21(a) Claims were approved in the amount of $1,286,145.93. MINUTES There were no minutes presented for Council approval at this meeting. SPECIFICATIONS FOR VARIOUS ITEMS APPROVED BY COUNCIL Council approved the following specifications and authorized the advertising for bids thereon: CC -12.1(b) CC -20 I. Four hundred chairs, forty tables, and four CC -47 table storage racks for Hutchins Street Square. II. Four 10 KVA, fifteen 25 KVA, fourteen 37.5 KVA, sixteen 50 KVA and eight 75 KVA single-phase Polemount Transformers III. Six 75 KVA single-phase, two 500 KVA and one 1500 KVA three-phase padmount transformers IV. 15,000 feet of #2 aluminum, 20,000 feet of X2/0 aluminum and 40,000 feet of 750 MCM Aluminum 15-kv concentric neutral cable V. Class II Slurry Seal - for sealing 642,780 square feet of streets 1 Continued July 15, 1987 93 PLANS AND SPECIFI- CATIONS APPROVED FOR LINCOLN AVENUE STORM DRAIN OUTFALL STRUCTURE LOCATED 550' NORTH OF TURNER ROAD Council approved the plans and specifications for Lincoln Avenue Storm Drain Outfall Structure located 550' north of CC -12.1(a) Turner Road and authorized advertising for bids thereon. This project consists of the construction of a large manhole and screw gate in Lincoln Avenue north of Turner Road for control of possible toxic spills. Also included is a large gate to be supplied for installation on the Cluff Avenue outfall line later this fall. PURCHASE OF USED VEHICLES FROM RENTAL AGENCIES OR FLEET DEALERS FOR VEHICLES APPROVED IN 1987-88 BUDGET APPROVED Ordinance No. 1399 adopted June 17, 1987 amended the Lodi Municipal Code, Section 3.20.070 relating to bidding. The CC -20 amendment states that bidding can be dispensed with when the City Council determines that the purchase or method of purchase would be in the best interest of the City of Lodi. Council approved the purchase of used vehicles from rental agencies or fleet dealers for vehicles approved in the 1987-88 Budget. COUNCIL CONCURS IN STAFF ACTION REGARDING AWARD OF BID FOR SOFTBALL COMPLEX BLEACHERS RES. NO. 87-85 City Manager Peterson advised the Council that the City had received the following bids for six sets of bleachers for CC -12(d) the Softball Complex: 1. Stadiums Unlimited, $10,594.70 2. Playground Products, $14,127.00 3. Ross Equipments/Dant Corp., $14,557.00 4. Husbands and Assoc/Game Time, $16,396.00 Inasmuch as Stadiums Unlimited's estimated best delivery date, August 15, 1987 was not in time for the Softball Tournament scheduled for August 13 - 16, the bid was awarded to Playground Products, which assured delivery on or before August 3, 1987. Council adopted Resolution No. 87-85 concurring in staff's action regarding the award of the bid for Softball Complex bleachers to Playground Products in the amount of $14,127.00 IMPROVEMENTS UNDER "TOKAY STREET IMPROVEMENTS, SPRR TO STOCKTON STREET", CONTRACT ACCEPTED Council accepted the improvements under the "Tokay Street Improvements, SPRR to Stockton Street" contract and CC -90 directed the Public Works Director to file a Notice of Completion with the County Recorder's Office. F y4 Continued July 15, 1987 Council was apprised that the contract was awarded to Teichert Construction of Stockton on May 6, 1987 in the amount of $62,323.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was July 3, 1987 and the actual completion date was July 3, 1987. The final contract price was $61,446.15. The difference between the contract amount and the final contract price is mainly due to a slight underrun in the asphaltic concrete quantities. FINAL MAP AND SUB- DIVISION AGREEMENT FOR SUNWEST UNIT NO. 8 LOCATED ON INTERLAKEN DRIVE AND GRENOBLE DRIVE APPROVED Council approved the final map for Sunwest Unit No. 8, Tract No. 2105 and directed the City Manager and City Clerk CC -46 to execute the subdivision agreement and map on behalf of the City. Chris R. Keszler, the developer of this subdivision, has furnished the City with the improvement plans, the necessary agreements, guarantees, insurance certificates, and fees for the proposed subdivision. The subdivision is located on Interlaken Drive and Grenoble Drive and contains a total of 17 single-family lots. IMPROVEMENTS FOR G - BASIN DRAINAGE AREA STORM DRAIN FROM VINE STREET AND INTERLAKEN DRIVE SOUTH TO NORTH END OF SYLVAN WAY ACCEPTED RES. NO. 87-86 Council adopted Resolution No. 87-86 accepting the G -Basin Area storm drain improvements included in City of Lodi CC -46 Drawings 86DO80 through 86DO86. CC -176 Installation of the storm drain from Vine Street to Lakeshore Meadows, approximately 900' north of Century Boulevard, has been completed in substantial conformance with the requirements of the agreement between the City of Lodi and Chris R. and LaVeta Keszler dated August 8, 1986, and as specifically set forth in the plans and specifications approved by the City Council. SALARY SCHEDULE FOR REPRESENTED EMPLOYEES IN ELECTRIC UNIT APPROVED RES. NO. 87-87 Council was apprised that the City has concluded negotiations with represented employees in the Electric CC -34 Unit which calls for a salary increase effective July 13, 1987. Council adopted Resolution No. 87-87 adopting a salary schedule effective July 13, 1987 for employees in the Electric Unit and adjusting the salaries for Mid -Management employees by the same formula. Continued July 15, 1987 AWARD CONTRACT FOR TURNER ROAD IMPROVEMENTS, LOWER SACRAMENTO ROAD TO SPRR 95 RES. NO. 87-88 The City Council adopted Resolution No. 87-88 awarding the contract for "Turner Road Improvements, Lower Sacramento CC -12(c) Road to SPRR" to Teichert Construction in the amount of $201,524.10. This project includes the improvement of Turner Road from Lower Sacramento Road (N) to the SPRR spur west of Mills Avenue. The proposed City work includes an asphalt concrete overlay, some pavement and curb and gutter repairs, and a traffic signal installation at the Turner/Lower Sacramento intersection. General Mills intends to relocate a railroad spur and install curb, gutter, and sidewalk along their frontage on the north side. This will complete the improvements on Turner Road between Mills Avenue and Lower Sacramento Road (S) and will allow four lanes of traffic. In order to minimize disruption and coordinate the work, the City will include some of the General Mills work in its contract under the terms of an agreement approved by the City Council on June 3, 1987. The City has received the following 2 bids for this project: BIDDER LOCATION BID Teichert Construction Stockton $201,524.10* Claude C. Wood Co. Lodi $204,113.10 *Corrected figure Plans and specifications for this project were approved on June 17, 1987. RESOLUTION ADOPTED AMENDING AUTHORITY GRANTED FOR EXECUTING DOCUMENTS PERTAINING TO THE COMMUNITY CRIME RESISTANCE GRANT PHASE II RES. NO. 87-89 Council adopted Resolution No. 87-89 amending authority granted for executing documents pertaining to the Police CC -152 Department Community Crime Resistance Grant Phase II. This CC -175 resolution now provides that Chief of Police Williams is authorized to execute all documents pertaining to this Grant on behalf of the City. 4 96 Continued July 15, 1987 AGREEMENT FOR SERVICES BETWEEN THE CITY AND NCPA FOR CONSULTING SERVICES ON COOPERATIVE ANALYSIS OF INTER- CONNECTION AT 230 KV WITH WESTERN AREA TRANSMISSION SYSTEM NEAR LODI APPROVED RES. NO. 87-90 Council was reminded that on June 3, 1987, the Lodi City Council approved a Letter Of Agreement with Western Area CC -11(d) Power Administration (WAPA) to provide a cooperative analysis of interconnection at 230 kv with WAPA's system near Lodi. Engineering services required during fiscal year 1987-88 anticipated in that agreement amounted to $125,000. Continued discussion and negotiation with WAPA have resulted in the City acquiring the lead role in project analysis and studies. WAPA has agreed that sufficient expertise to accomplish all phases of the project are available in the form of Northern California Power Agency staff supplemented by the consulting firm of Power Engineers, Inc. The subject Agreement for Services is anticipated to cover all activities necessary to produce required environmental documentation for state and federal compliance and a Facilities Development Report required by WAPA. Environmental considerations must be dealt with initially since they can ultimately be determined whether to proceed further or not. The cost for scheduled studies through the second quarter 1988 was included in the Electric Utility Department budget for 1987-88. Council adopted Resolution No. 87-90 approving Letter Of Agreement between the City of Lodi and the Northern California Power Agency for consulting services on cooperative analysis of interconnection at 230 KV with Western Area Transmission System near Lodi and authorized the City Manager and City Clerk to execute the subject agreement. PUBLIC HEARINGS Notice thereof having been published according to law, an affidavit of which publication is on file in the office of PUBLIC HEARING the City Clerk, Mayor Olson called for the Public TO CONSIDER NEW Hearing to consider a new traffic ordinance for the City of TRAFFIC Lodi and the accompanying traffic resolution. ORDINANCE The matter was introduced by City Manager Peterson. The ORO. NO. 1402 staff report was presented by Public Works Director Ronsko INTRODUCED and Chief Civil Engineer Richard Prima. CC -48(a) Council was apprised that the proposed Traffic Ordinance CC -149 and accompanying Traffic Resolution are being CC -179 recommended for adoption for the following reasons: 1. Some sections of the present ordinance are obsolete with respect to the California Vehicle Code and should be revised or deleted. Continued July 15, 1987 97 2. The City's present ordinance is written such that it must be revised frequently in areas where the Vehicle Code allows changes to be made by resolution or by staff. By taking advantage of all or some of these situations, Council and staff time will be saved and there will be a small savings in actual expenditures (i.e., publication of ordinances, revising code book). Revision of the outdated ordinance has been recommended by the Institute of Transportation Studies under the auspices of the State Office of Traffic Safety. To accomplish the above, sample ordinances from the League of California Cities and a model ordinance from the Southern California Chapter of the American Public Works Association were reviewed. The City's ordinance was reorganized to follow the order of the applicable sections of the model ordinance. Revisions were made to meet Lodi's needs and the draft was reviewed by all affected departments. The major change is the use of the "Traffic Resolution". It contains items now done by ordinance (one-way streets and alleys, through streets, speed limits, prohibitions on commercial vehicles, parking regulations). In general, it includes all traffic restrictions which are controlled on the street by signs. Citations can be issued under the appropriate Vehicle Code section or the City ordinance section requiring obedience to official traffic control devices. The resolution compiles other actions now done by separate resolution. Its use will eliminate the need for frequently revising the City Code in order to make changes in these areas. In fact, some ordinances (i.e., through streets and stop intersections) have not been placed in the Code because of the difficulty and expense in revising the Code with every change. The ordinance was reviewed with the City Council at its shirtsleeve meeting on June 23. It was noted that the ordinance needed minor revisions and updating. Councilmembers suggested some revisions. Staff was also asked to hold a special meeting to discuss the sections on truck routes with the local trucking industry. A meeting field on July 7 was attended by nine representatives of local trucking and construction firms. Most of their comments have been incorporated into the revised ordinance. The major change is the recommendation that Turner Road be designated as a truck route. The representatives all agreed that Turner Road should be included and made some very good points. They included: only one east -west route was proposed (Highway 12) while four north -south routes were recommended; - there are a number of businesses located east of Lodi who transport materials to Woodbridge and areas west of Lodi and thus would not be exempted as deliveries; - the volumes and accident rates on Highway 12 are higher than Turner Road. Continued July 15, 1987 With the addition of Turner Road and the other routes recommended by staff, the representatives agreed that Lodi Avenue, Ham Lane, and Hutchins Street north of Highway 12 would not be needed as truck routes. Additional changes made at the request of the trucking industry include: - a deletion of the section on hazardous materials - The intent of this section will be adequately covered in the new Fire Code. In addition, Federal and State agencies are increasing regulation of hazardous materials. - clarification on abandoned vehicles - This section of the ordinance was not intended to include trucking and related industries. Wording was changed to make this clear. Tentative truck routes were reviewed and staff responded to questions regarding the matter as were posed by the Council. Mr. Prima presented the following options regarding the proposed ordinance and Turner Road: 1. Adopt Ordinance and Resolution as is - Turner Road becomes a truck route 2. Adopt ordinance and resolution except omit Turner Road between Lower Sacramento Road and Stockton Street, add clarification on "direct route" - no through trucks on Turner Road Note: "Direct" route shall mean the shortest route on a street as nearly perpendicular to the Truck Route as practical except that vehicles shall not be required to travel more than an additional 1 1/2 miles (one way) on a Truck Route in order to comply with this section. This exception shall also apply to truck trips originating or ending at a lawfully conducted business within the City. 3. Adopt ordinance and resolution except omit Turner Road between Lower Sacramento Road and Stockton Street - few trucks on Turner Road (if heavily enforced). Mr. Frank Alegre, 2000 Edgewood Drive, Lodi, urged Council to establish Turner Road as a Truck Route. Also speaking in support of designating Turner Road as a Truck Route was: Mr. Les Calkins, 19825 North Highway 99, Acampo Mr. Tom Sweat, 210 South Ham Lane, Lodi, The following persons spoke in opposition to designating Turner Road as a Truck Route: 1) Mr. Lawrence Fowler, 927 Parkview Avenue, Lodi 2) Mr. James Linn, 1134 West Turner, Lodi 7 Continued July 15, 1987 Mr. Linn also read a letter from Art Mellor, 1008 Laurel Avenue, Lodi, who also opposed Turner Road being designated a Truck Route 3) Mr. Ron Hackworth, 1017 West Turner Road, Lodi 4) Mr. Jim Burlington, 802 West Turner Road, Lodi 5) Mr. Frank Garcia, 721 Willow Glen, Lodi 6) Ms. Donna Phillips, 1040 Laurel Avenue, Lodi 7) Reverend Oscar Gross, Gross Convalescent Hospital, 321 West Turner Road, Lodi 8) Mr. Dale Prohaska, 610 West Turner Road, Lodi 9) Mr. Ron Dancer, 603 West Turner Road, Lodi 10) Ms. Beverly Hoag, 1036 North Lincoln Way, Lodi 11) Ms. Helen Stevens, 616 West Turner Road, Lodi 12) Mr. Julius Weber, 416 West Turner Road, Lodi 13) Mr. Larry Roberts, 412 Tioga Drive, Lodi Mr. Eric Van Hove, Plant Engineering Manager, representing General Mills addressed the Council stating that they can ask truckers not to use Turner Road, but they can not be assured they will not do so. Mr. Van Hove asked the City to work with General Mills and asked that their drivers not be harassed. Mr. Van Hove concluded his remarks by stating that they (General Mills) will ask their drivers not to use Turner Road. Mr. Mark Weber, 820 West Turner Road, Lodi, asked if truck traffic on Turner Road would get worse if it is established as a truck route. Mr. Joe Giamnona, representing JSG Trucking Co., Inc., 19400 North Highway 99, Acampo, addressed the Council regarding his concerns regarding trucks being allowed to use Stockton Street. Mr. Bob Bird, 1117 Edgewood Drive, representing Claude C. Wood Company, expressed his concern and posed questions as to how this would impact construction deliveries. There being no other persons in the audience wishing to address the council, regarding the matter, the public portion of the hearing was closed. Following additional discussion, Council Member Hinchman moved that Council approve Option 3 heretofore set forth - "Adopt ordinance and resolution except omit Turner Road between Lower Sacramento Road and Stockton Street" but comply with the other staff recommendations. The motion died for lack of a second. Following additional discussion, Council Member Reid moved for introduction of Ordinance No. 1402 - entitled, "Ordinance Regulating The Use Of and Traffic Upon The Streets, Sidewalks, And Other Public And Private Places In 8 100 Continued July 15, 1987 the City Of Lodi; The Use, Parking, And Control Of Vehicles Thereon: And Repealing Ordinance No. 493 And All Ordinances And Parts Of Ordinances Amendatory Thereof And In Conflict Herewith". The motion was seconded by Council Member Hinchman and carried by a unanimous vote of the Council. On motion of Council Member Hinchman, Reid second, Council, by the following vote, set forth its declaration of intent to not designate Turner Road as a "Truck Route" from Lower Sacramento Road east to Stockton Street: Ayes: Council Members - Hinchman, Pinkerton, Reid, and Snider Noes: Council Members - Olson (Mayor) Absent: Council Members - None Abstain: Council Members - None RECESS Mayor Olson declared a five-minute recess and the meeting reconvened at approximately 10:05 p.m. PUBLIC HEARING ON SIDEWALK INSTALLATION AT DEL RANCHO MOTOR INN, 501 NORTH CHEROKEE LANE Notice thereof having been published according to law, an affidavit of publication being on file in the office of the CC -45(e) City Clerk, Mayor Olson called for the public hearing to hear and pass upon objections or protests raised by the owner of the property on sidewalk installation at Del Rancho Motor Inn, 501 North Cherokee Lane, Lodi. Following introduction of the matter by the City Manager, Public Works Director Ronsko apprised the Council that this public hearing was set to hear objections from the property owners required to install sidewalk on the Cherokee Lane frontage of their property at 501 North Cherokee Lane. On June 17, 1987, the City Council determined that sidewalk should be installed on the property fronting the Del Rancho Motor Inn. A Notice to Construct was sent to the property owners requiring sidewalk construction to start within 60 days. This is the only parcel on the west side of Cherokee Lane between Lockeford and Pioneer which does not have sidewalk. The State of California Streets and Highways Code requires that legislative bodies hear and pass upon objections at a public hearing set no sooner than 10 days after giving notice to the property owner. Notice was given on June 25, 1987. There being no persons in the audience wishing to address the Council regarding the matter, the public portion of the hearing was closed. On motion of Council Member Reid, Hinchman second, Council overruled objections and determined that it is in the public's best interest to have sidewalk at the subject location and ordered that the installation be made pursuant to the State of California Streets and Highways Code. Continued July 15, 1987 101 PLANNING COMMISSION City Manager Peterson reported that there had been no Planning Commission Meeting since receipt of the last report. COMMUNICATIONS (CITY CLERK) PUC APPLICATIONS City Clerk Reimche apprised the Council that a copy of PGandE application No. 87-04-040 had been received CC -7(f) requesting that the California Public Utilities Commission approve an increase in total gas system revenues by approximately $265.3 million (11.8)% on an annualized basis. ABC LICENSE City Clerk Reimche presented the following Alcoholic Beverage License Application which had been received: CC -7(f) Kanubhai N. Patel 22 South Main Street On Sale Beer and Wine Public Premises Original License - Annual Fee PETITION RECEIVED REQUESTING FILERS LANE BE CLOSED TO THROUGH TRAFFIC AT LILAC STREET Following receipt of a petition requesting that Eilers Lane be closed to through traffic at Lilac Street, Council, on CC -45(a) motion of Council Member Hinchman, Reid second, referred CC -48(a) the matter to staff for review and recommendation and asked that this matter be placed on the August 19, 1987 agenda. Mr. Thomas M. Gau, 2336 Eilers Lane, Lodi, addressed the Council regarding the request and responded to questions as were posed by members of the. Council. LETTER OF APPRECIATION RECEIVED FROM LODI SENIOR CITIZENS City Clerk Reimche presented a letter from the Lodi Senior Citizens Club expressing appreciation for the expeditious CC -9 manner in which the parking spaces were provided for the CC -48(a) handicapped in the area of the Lodi Senior Citizens Club. REQUEST FROM EL PORTAL HOMEOWNERS' ASSOCIATION FOR CERTAIN TRAFFIC SIGNING, REPORTING VARIOUS TRAFFIC VIOLATIONS, ETC. following receipt of a request from the El Portal Homeowners' Association for certain traffic signing on CC -45(a) specific streets, reporting various types of traffic CC -48(a) violations in the area, and reporting a sight distance problem, Council, on motion of Council Member Reid, Hinchman second, referred the matter to staff for review and recommendation and asked that this matter be placed on the August 19, 1987 agenda. MOTORIZED BOATING ON LODI LAKE City Manager Peterson reported that, at its regular meeting of July 7, 1987, the Parks and Recreation Commission voted CC -27(c) unanimously to return to the City Council its original CC -40 recommendation to the Council concerning the operation of motorized boats on Lodi Lake. The recommendation is that 10 102 Continued July 15, 1987 COUNCIL MEMBER REQUESTS ASSISTANCE FROM CITY ATTORNEY IN AUTHORING LETTERS TO LEGISLATORS, ETC. Following introduction of the matter by Council Member CC -93 Pinkerton, the City Attorney was requested to work with Council Member Pinkerton in corresponding with Senator Wilson, Senator Cranston, Congressman Shumway and the Sargeant -at -Arms of Congress and the Senate regarding specific questions pertaining to attendance, voting records, etc. COMMENTS BY THE PUBLIC ON NON AGENDA ITEMS REPORTS OF THE CITY MANAGER REGULAR CALENDAR ORDER OF REGULAR CALENDAR AMENDED RECEIPT OF SIDS FOR OIL AND GAS LEASE ON CERTAIN CITY PROPERTY LOCATED IN THE AREA OF THE WHITE SLOUGH WATER POLLUTION CONTROL PLANT CC -27(d) There were no persons wishing to speak under this segment of the agenda. On motion of Mayor Pro Tempore Snider, Reid second, Council amended the order of the Regular Calendar so that agenda item k-3 - "Preliminary Report of Measure A Task Force" would be taken prior to agenda item k-2 - "Consider request for Loading Zone at 610 South Fairmont Avenue". Council was reminded that Resolution No. 87-60 was adopted at the June 3, 1987 Council meeting declaring Council's intention to call for bids for a certain oil and gas lease 11 all motorized boating be eliminated from Lodi Lake with certain exceptions (i.e. Fourth of July races); and that the boat launching ramp remain open to provide access to the Mokelumne River with prohibition of certain types of power boats. On motion of Council Member Reid, Olson second, Council directed that this matter be placed on the agenda for the Regular Council Meeting of August 19, 1987. COMMENTS BY CITY COUNCIL MEMBERS PROCEDURE SUGGESTED FOR HANDLING MISCELLANEOUS TRAFFIC REQUESTS Following introduction of the matter by Mayor Pro Tempore Snider, Mayor Olson directed Staff to develop and bring CC -48(a) back to the Council a proposed procedure for the City to CC -179 adopt in handling miscellaneous traffic requests. CC -180 COUNCIL MEMBER REQUESTS ASSISTANCE FROM CITY ATTORNEY IN AUTHORING LETTERS TO LEGISLATORS, ETC. Following introduction of the matter by Council Member CC -93 Pinkerton, the City Attorney was requested to work with Council Member Pinkerton in corresponding with Senator Wilson, Senator Cranston, Congressman Shumway and the Sargeant -at -Arms of Congress and the Senate regarding specific questions pertaining to attendance, voting records, etc. COMMENTS BY THE PUBLIC ON NON AGENDA ITEMS REPORTS OF THE CITY MANAGER REGULAR CALENDAR ORDER OF REGULAR CALENDAR AMENDED RECEIPT OF SIDS FOR OIL AND GAS LEASE ON CERTAIN CITY PROPERTY LOCATED IN THE AREA OF THE WHITE SLOUGH WATER POLLUTION CONTROL PLANT CC -27(d) There were no persons wishing to speak under this segment of the agenda. On motion of Mayor Pro Tempore Snider, Reid second, Council amended the order of the Regular Calendar so that agenda item k-3 - "Preliminary Report of Measure A Task Force" would be taken prior to agenda item k-2 - "Consider request for Loading Zone at 610 South Fairmont Avenue". Council was reminded that Resolution No. 87-60 was adopted at the June 3, 1987 Council meeting declaring Council's intention to call for bids for a certain oil and gas lease 11 Continued July 15, 1987 103 on City property located in the area of the White Slough Water Pollution Control Plant. The call for bids was advertised pursuant to law. Resolution No. 87-60 sets forth that the bidders shall submit sealed proposals to the City Clerk on or before 5:00 p.m. Wednesday, July 15, 1987 and that the bids will then be opened publicly and declared by the City Clerk at the July 15, 1987 Council Meeting. Bids were therefore opened and declared publicly by the City Clerk as follows: Note: Resolution No. 87-60 sets forth that - 1) The minimum annual rental shall be $20.00 per acre. 2) The royalty share payable for oil, gas and other hydrocarbons produced from wells on the leased land shall be one-sixth (1/6th) to be computed as provided in said form of lease. 3) The term of the lease shall be for three (3) years and for such longer period (not to exceed 35 years) during which oil, gas and other hydrocarbon substances shall be produced from said leased land, or lands with which the leased land may be pooled. 4) The form of the lease shall be a standard oil and gas lease form such as is used by Shell Oil, Standard Oil, Phillips Petroleum, or any other major oil company. 5) The variable bidding factor from which bids shall be received shall be the cash bonus consideration, payable upon submittal of the bid. 6) Bids may be submitted on either Parcel 1 (390 acres +/-) or Parcel 2 (137 acres +/-) or may be submitted on Parcels 1 and 2 combined (527 acres +/-). BIDS RECEIVED 1) NGC Energy Company, 2320 Courage Drive, Suite 110, Fairfield, CA Parcel 1 - 390 acres - Cash bonus and first years rental - Cashiers check in the amount of $11,895.00 2) Sun Exploration and Production Company, 2151 Alessandro, Suite 190, Ventura, CA Parcel 2 - 137 acres - Cash bonus and first years rental - Cashiers Check in the amount of $3,425.00 On motion of Council Member Reid, Hinchman second, Council directed staff to analyze the bids received and bring back a recommendation regarding the matter at the August 5, 1987 Council meeting. PRELIMINARY REPORT OF MEASURE A TASK FORCE Following introduction of the matter by City Manager Peterson, Community Development Director Schroeder reminded 12 104 Continued July 15, 1987 CC -2(j) the Council that, towards the end of Council Member CC -53(a) Hinchman's term as Mayor, he appointed a ten member Task CC -117 Force to make recommendations for an alternate to Measure A, "The Green Belt Initiative". The Task Force has been meeting on a regular basis for about a year and one-half and, with the assistance of Ron Bass, a Consultant from Jones and Stokes Associates, has come up with a series of recommendations which will (1) control the rate of growth and (2) outline the basis for a Growth Management System in the Revised General Plan. Measure A Task Force Chairman Ronald B. Thomas addressed the Council regarding the preliminary report of the Measure A Task Force and outlined the recommendations contained therein. Mr. Thomas introduced other members of the Task Force who were in the audience and responded to questions regarding the subject as were posed by Council. Council applauded the Task Force on its hard work and dedication to this task. Following discussion, on motion of Council Member Hinchman, Reid second, Council accepted the report for filing and referred the matter to the Planning Commission. LOADING ZONE ESTABLISHED AT 610 SOUTH FAIRMONT AVENUE RES. NO. 87-91 Council was apprised that at the June 17, 1987 Council meeting, City Council requested staff to evaluate the CC -48(d) request for a loading zone at 610 South Fairmont Avenue. The Administrative Assistant of the Bechthold Convalescent Home requested the loading zone for the purpose of loading freight and a handicapped student. The written request stated the area has a high parking demand and the vendors and school bus have difficulty loading and unloading supplies and the student. Staff verified the high on -street parking usage in the area. The convalescent home has three on -street parking spaces in front of the building and a driveway that can hold approximately two vehicles. The driveway is not used by the vendors due to the narrow width, and school buses do not use driveways in the City limits unless they have a turn -around (two driveways). To determine the most appropriate zone, staff reviewed the following definitions (VC 21458): A yellow loading zone is for the purpose of loading or unloading passengers or freight. - A white loading zone is for the purpose of loading or unloading passengers or depositing mail. - A red zone indicates no parking, standing, and stopping except a bus may stop in a red zone marked as a bus loading zone. The City's bus loading zones are usually adjacent to schools and bus stations. Since a loading zone is needed for freight and for a student, staff recommends installing a yellow loading zone. 13 Continued July 15, 1987 COUNCIL SUPPORTS AB 971 (COSTA) AND AB 980 (COSTA) BOTH RELATING TO INCREASED HIGH-SPEED RAIL SERVICE IN CALIFORNIA CC -28 AMENDMENTS TO THE LODI MUNICIPAL CODE PROCEDURAL ORDINANCE APPROVED ORD. NO. 1403 INTRO. CC -6 CC -138 CC -149 The LUSD Transportation Center felt a 35' zone would be appropriate for the school bus. Staff recommends installing a 20' yellow loading zone south of the driveway which will allow the school bus and vendors to use the driveway width for maneuverability. Council, on motion of Council Member Hinchman, Pinkerton second, adopted Resolution No. 87-91 establishing a 20 foot yellow loading zone south of the Bechthold Convalescent Home driveway at 610 South Fairmont Avenue. Council received a copy of a letter written by Mayor Olson to the San Joaquin County Board of Supervisors member William Sousa lending her support for expanded high speed rail service in California. In that letter Mayor Olson apprised Supervisor Sousa that this item would be placed on this meeting's agenda for consideration by the City Council. The AMTRAK San Joaquin Steering Committee is meeting in Hanford July 16, 1987 and is desirous of learning of the Council's support at that time. On motion of Council Member Hinchman, Snider second, Council voted to support AB 971 and AB 980 and directed the City Clerk to send a wire reporting this action to the AMTRAK San Joaquin Steering Committee which is meeting in Hanford July 16, 1987. City Attorney Stein reported on a meeting held on June 8, 1987 in Sacramento comprised of Deputy Attorney General Ted Prim, Mayor Evelyn Olson, City Clerk Alice Reimche, Lodi News Sentinel Reporter Julie Schmit, and City Attorney Ron Stein. The purpose of the meeting was to discuss a problem that came up at the June 3, 1987 Council meeting regarding the ability of citizens and/or council to discuss non-agendaed items under the requirements of the Brown Act. As a result of that meeting City Attorney Stein presented a number of recommendations to the City Council for consideration. Following discussion, on motion of Mayor Pro Tempore Snider, Reid second, Council introduced Ordinance No. 1403 entitled, "An Ordinance of the Lodi City Council Amending Chapter 2.04 Of The Lodi Municipal Code Relating to Order Of Business At City Council Meetings". Further, Council limited to five minutes, the time allowed per non -agenda item, for comments made by the public. This would give the City Council ample time to determine through discussion whether the "Comments by the Public" falls into one of the exceptions to the Brown Act (Government Code §54950 et seq.) under Government Code §54954.2, allowing council to take action on the item by finding either: 14 105 106 Continued July 15, 1987 CONSOLIDATION OF PRECINCTS FOR THE NOVEMBER 3, 1987 SPECIAL ELECTION APPROVED CC -18 a) that there was an emergency situation, or b) that the need to take action on an item arose subsequent to the agenda's being posted. Further, Council directed the City Clerk to have printed on the agenda itself, standard language advising the public of the five-minute time limitation; as well as standard language advising as follows: "The City Council cannot deliberate or take any action on a non -agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code §54954.2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda's being posted. "Unless the City Council is presented with this factual evidence, the City Council will refer the matter to staff for review and placement on a future City Council agenda." Further, Council determined that, in an extreme case, to allow for additional agenda items up to five days prior to a city council meeting. This would require that the additional agenda item also be posted within the seventy-two hour limit as provided by Government Code §54954.2, as well as included in the current agenda. Finally, Council concurred that Council Members need to contact the City Clerk to add any additional items or reports under the council comments portion of the agenda, unless the item falls into an exception under Government Code §54954.2. City Clerk Reimche reported that in preparing for the November 3, 1987 Special Election, plans are being formulated to consolidate the City's 35 precincts to 15. The consolidation has been planned to provide easy access to polling places, keeping in mind the total number of registered voters residing in each consolidated area. A diagram depicting the proposed 15 consolidated precincts was presented for Council's perusal. Further, in order to save dollars, it was proposed that three-man election boards be used rather than the traditional four -man boards. A roving precinct worker will also be available to fill in where needed. A cost savings of approximately $900.00 could be realized by utilizing the smaller boards. Council Member Hinchman indicated his concerns regarding this proposal as follows: 1) that a larger voter turnout could be realized if the full 35 precincts were used. 2) that it makes it difficult when precincts and polling places are changed and voters are unsure of where they vote 15 Continued July 15, 1987 107 A lengthy discussion followed regarding the matter with questions being directed to the City Clerk. Council Member Hinchman then moved that there be no consolidation of precincts and that the entire 35 precincts be utilized for this election. The motion died for lack of a second. Following additional discussion, on motion of Mayor Pro Tempore Snider, Reid second, Council approved consolidating the City's 35 precincts for the November 3, 1987 election to 15 precincts and authorized using three-man precinct boards. The motion carried by the following vote: Ayes: Council Members - Pinkerton, Reid, Snider and Olson (Mayor) Noes: Council Members - Hinchman Absent: Council Members - None Abstain: Council Members - None ADJOURNMENT There being no further business to come before the Council, Mayor Olson adjourned the meeting at approximately 11:30 p.m. ATTEST: iCC� iK, f�:Lrtr�-t, Alice M. Reimche City Clerk 16