Loading...
HomeMy WebLinkAboutMinutes - June 1, 1983CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, JUNE 1, 1983 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, June 1, 1983 in the City Hall Council Chambers. ROLL CALL Present: Council Members - Murphy, Snider, Pinkerton, and Olson (Mayor) Absent: Council Members - Reid Also Present: City Manager Glaves, Assistant City Manager Glenn, Comnamity Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Dr. Wayne Kildall, Center of Hope PLEDGE The Pledge of Allegiance was led by Mayor Olson PRESENTATIONS Mayor Olson presented Dr. Wayne Kildall with a Lodi "Grape" Pin and expressed appreciation to or. Kildall for his many hours of time, effort, and prayer for the City of Lodi. CONSENT CALENDAR REPORTS OF THE CITY MANAGER In accordance with report and recanrnndation of the City Manager, Council, on motion of Council Membps Pinkerton, Murphy second, approved the following actions hereinafter set forth. CLAIMS CLAIMS WERE APPROVED IN THE AMOUNT OF $602,832.96 MAN M&I f� MATERIAL SPECIFICATIONS 1. APPROVED r�IJ t r AWARD -PURCHASE �,P OF 15-XLP CABLE RES. NO. 83-41 AWARD -PURCHASE OF WOOD UTILITY n POLES .'V RES. NO. 83-42 THE MINUTES OF MAY 4, 1983 WERE APPROVED AS WRITTEN. The following specifications were approved and the advertising for bids thereon was authorized: A) Rock and Sand Material needed for Fiscal Year 1983-84. B) Asphalt Material needed during first quarter of Fiscal Year 1983-84. Q TWo 225 KVA, one 500 KVA, and one 750 KVA three-phase Padmount Transformers. Council received the following bids which had been received frau the purchase of 15 -KV XLP Cable (see page 2). On recommendation of City Manager Glaves, Council adopted Resolution No. 83-41 awarding the bid for the purchase of the subject cable to General Electric Supply, Co., the low bidder, in the amount of $50,051.96. Council received the following bids which had been received for the purchase of 75 (various size) wood utility poles (see page 3). On recommendation of City Manager Glaves, Council adopted Resolution No. 83-42 awarding the purchase I i i Supplier General Electric Supply Co, Emeryville, CA t Valley Electric Co. Stockton, CA Weetinghouse Electric Supply Co. i° Concord, CA i Maydvell 6 Hartsell, Inc. Brisbane, CA i General Electric Supply Co. Emeryville, CA i u ' I * Based on minimum order of 20,000 ft. if i t i 15 -KV XLP CABLE DID EVALUATION (UD -E83-4) 16,000 ft, 30,000 ft. 7,500 ft. Lump Sum P2 Alum. 2/0 Alum. 750 MCH Total Total Escalation Delivery Incl. Tax rnel. Tax Incl. Tax incl, Tax Incl. Tax (Maximum) Weeks Mnnufacturer $ 9,500.99 $21,162.90 $19,388.07 $50,051.96 - Firm 13-14 Phelps Dodge 10,939.20 23,436.60 19,795.50 54,171.30 $53,770.00 Firm 7-9 Pirelli 10,973.12 23,500.20 19,859.10 54,332.42 - Firm 7-9 Pirelli 10,243.84 23,436.60 23,174.25 56,854.69 - 37. 10-12 Hendrix 12,090.44 26,553.95 20,627.00 59,271.39 - $.84/lb. 8-10 Kaiser 11,697.65 23,942.22 25,507.50 61,147.37 - $.85/11). 12 Alcoa 11,679.67 24,913.07 52,616.70* 89,209.44 - $.84/lb. 8-10 Reynolds WOOD UTILITY POLE BID EVALUATION UD-E83-3 (25) (15) (35) 50' Class 3 45' Class 3 35' Class 3 Total Cost Delivery Supplier Incl. Tax Incl. Tax Incl. Tax Incl. Tax Weeks Koppers Company, Inc. West Sacramento (Alternate) $5,591.50 $2,814.30 $4,192.30 $12,598.10 2-3 Koppers Company, Inc. West Sacramento, CA 5,909.50 2,989.20 4,489.10 13,387.80 2-3 J. H. Baxter and Co. San Mateo, CA 5,822.05 3,076.65 4,496.52 13,395.22 4-5 Niedermeyer-Martin Co. Portland, Oregon 5,636.29 2,914.47 5,031.50 13,582.26 4-6 McCormick and Baxter San•Francisco, CA 6,360.00 .3,195.90 4,823.00 14,378.90 4 North Pacific Lumber Co. Portland, Oregon 7,340.50 3,227.70 5,305.30 15,873.50 2-3 General Electric Supply Co. Emeryville, CA 7,311.35 3,298.46 5,665,17 16,274.98 4 435 Continued June 1, 1983 AWARD -TURNER ROAD OVERLAY 200' W/STOCKTON STREET' TO 630' E/WINP[4 DRIVE RES.NO. 83-43 +y l `ACCEPTANCE OF "SALAS PARK CONCESSION STAND + + CONCRETE 'L.. J LT TRiy1TfV 1 of 75 (various size) wood poles to Koppers Company, Inc., the low bidder, in the amount of $12,598.10 (Alternate Bid). Council received the following bids which had been received for "Turner Road Overlay 200' W/Stockton Street to 630' E/Wintun Drive": 00-60-110 Granite Construction Co. $64,954.00 Claude C. Wood Co. $69,492.00 Frank Ferreira Paving, Inc. $80,503.28 Teichert Construction $81,769.40 On recommendation of the City Manager, Council adopted Resolution No. 83-43 awarding the contract for "Turner Road Overlay, 200' W/Stockton Street to 630' E/Wintum Drive" to Granite Construction Company in the amount of $64,954.00 and appropriated an additional $25,000.00 from the Transportation Development Act Fund to complete the project. Council accepted the improvements in "Salas Park Concession Stand Concrete Flatwork" and directed the Public Works Director to file a Notice of Conpletion thereon. This Contract was awarded to H. Max Lee of Lodi on March 16, 1983 in the amount of $17,323.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The final contract price was $17,426.95. COUNCIL APPROVES RENEKAL OF LANDSCAPE MAINTENANCE CONTRACT Council approved and authorized the City Manager and City Clerk to execute the renewal of the Landscape Maintenance Contract with Ireland Landscape Co., Inc., for the 1983-84 Fiscal Year. The total annual cost of the contract is $25,368.00 which reflects an increase of $1,572.00 which provides funds to maintain three new sites; namely, Well #19, Lawrence Park and the Hutchins Street Median. SOUTH STOCKTON STREET RIGHT- �� OF-;QY ACQUISITIONS APPROVED Council was reminded that it had authorized the procurement of right-of-way for construction by CALTRANS sometime ago. The first 24 parcels have been obtained by the State at the appraisal cost. Council authorized the City Manager and City Clerk to execute any necessary documents for the right-of-way acquisition on South Stockton Street between Tokay Street and Kettlenan Lane. AGENDA ITE1 REMOVED FROM THE AGENDA With the tacit concurrence of the Council, Agenda item K - "Approve Development Agreement for 1438 Iris Drive" was removed from the Agenda. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4.9F Continued June 1, 1983 PUBLIC HEARINGS Notices thereof having been published in accordance with law and affidavits of publication being on file in the office of the City Clerk, Mayor Olson called for the Public Hearing to �;. consider: - J a) Negative Declaration and Tentative Map of Park west, an 88 acre, 515 Unit Residential Subdivision on the west �'. side of Lower Sacramento Road, Lodi, California, as adequate _ environmental documentation. b) The recomrendation that the City Council amend P -D(23) Planned Development District No. 23 which is located on the west side of Lower Sacramento Road, northerly of the future extension of West Elm Street by substituting Single -Family Residential for 11.5 acres of previously approved Multiple -Family Residential. CcmTunity Development Director Schroeder introduced the matters, presenting diagrams of the subject area and responding to questions as were posed by the Council. Mr. Ted Katzakian, 330 South Fairmont Avenue, Lodi, California, spoke on behalf of the matter. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Councilman Pinkerton, Murphy second, Council certified the Negative Declaration and the Tentative Map of Park West, an 88 acre, 515 Unit Residential Subdivision on the west side of Lower Sacramento Road, Lodi, as adequate environmental documentation. PARK WEST NEGATIVE DECLARATION v j AND TENTATIVE MAP y� APPROVED Council Member Pinkerton then moved introduction of ORD.NO. 1287 Ordinance No. 1287 - An Ordinance amending P -D(23), Planned INrRL7DUCED Development District No. 23 which is located on the west side of Lower Sacramento Road, northerly of the future SUBSTITUTION OF extension of West Elm Street by substituting single-family MULTIPLE -FAMILY Residential for 11.5 acres of previously approved Multiple - RESIDENTIAL ID Family -Residential. The motion was seconded by Council SINGLE-FAMILY Member Murphy and carried by unanimous vote of all those RESIDENTIAL Council Members present. APPROVED Notice thereof having been published in accordance with law and affidavit of publication being on file in the office of the City Clerk, Mayor Olson called for the Public Hearing to consider the appeal of Jerry Steele, P. 0. Box 253, Jackson, CA 95642, of the denial of a Card Roan Employee's License pursuant to City Code Section No. 7-4, et seq. APPEAL OF JERRY The matter was introduced by City Attorney Stein. Speaking STEED RE on behalf of Mr. Steele was Mr. James S. Johnson, Vocational �.}. ISSUANCE OF A Rehabilitation Counselor. Mr. Steele also addressed the CARD ROOM Council on behalf of his appeal. EMPLOYEE'S LICENSE There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Following discussion, on motion of Mayor Olson, Murphy second, Council directed that the Police Department go forward with their investigation in this matter, and if no problems are encountered in the investigation process, that the requested license be issued to Mr. Steele at the earliest possible date. Continued June 1, 1983 43? 6 PLANNING COMMISSION City Manager Glaves gave the following report of the Planning Commission meeting of May 23, 1983: The Planning Commission - ITEMS OF INTEREST 1. Conducted a Public Hearing on the Housing Element of the General Plan and continued consideration until Monday, June 13, 1983. 2. Approved the request of Cleve Beach for a Use Permit for a card room, consisting of two tables, to be located at 9 South Sacramento Street in an area zoned C -M, Ccamercial-Light Industrial District. 3. Determined that a Zoning Hardship existed, and approved the request of Aundrey Abbott, General Contractor on behalf of Cliff and Sherry Barnhart for a Zoning Variance to reduce the required 5 foot sideyard setback to 4 feet to allow new additions to align with an existing dwelling at 235 East Vine Street in an area zoned R -M, Medium Density Multiple Family Residential. 4. Reviewed the request of Wayne Craig, a general partner, > on behalf of Lodi Avenue Centers, a Limited Partnership, for a Zoning Variance to permit a 3 -foot extension into the public right -of -gray by a new canvas roof design and painting or signs directly on the mansard at 720-730 West Lodi Avenue, and 302 South Crescent Avenue in an area zoned C-1, Neighborhood. After hearing testimony and reviewing the request, the Planning Commission determined that the proposed canvas roof design was a marquee as described in Section 27-13(h) 3(ii) of the Lodi Municipal Code which reads: "Signs shall be placed flush and have a maximum height of two (2) feet when attached to the front of a marquee." This determination eliminates the necessity for a Zoning Variance. COMMUNICATIONS l v`i * CITY CLERK ABC LICENSES Application for the following Alcoholic Beverage License was received: Aldee Market Brinlee, Alton P/Dion M. 216 North Cherokee Lane Lodi, CA 95240 Off Sale Beer and Wine CLAIMS On recommendation of the City Attorney and R. L. Kautz and Company, Council, on motion of Council Member Pinkerton, Snider second, denied the following claim and referred it back to R. L. Kautz and Company: a) Marcilla Billigmeier Date of Loss - Unknown yCLERK DIRECTED 1 ' ; TO POST FOR `✓ VACANCIES ON VARIOUS BOARDS AND COMMISSIONS Following introduction of the matter by City Clerk Reimche, Council, on motion of Council Member Murphy, Snider second, authorized the posting of vacancies on various City Boards -r- 438 Continued June 1, 1983 and Commissions pursuant to the Government Code of the State of California. COUNCIL MIIM13ER 1. REID GRANTED PERMISSION TO BE ABSENT Following a receipt of a request from Council Member Reid, FROM COUNCIL Council, on motion of Mayor Pro Tempore Snider, Murphy MEETINGS DURING second, granted Council Member Reid permission pursuant tC HIS CONVALESCENCE Government Code Section 36513 to be absent from regular Council meetings during his convalescence. l LETTER Tl?MI SED FROM ASSEMBL)9-M ISENBERG RURAL LANDOWNERS ASSN. ET AL VS LODI CITY COUNCIL ET AL GENIE DEVELOPMENT Mayor Olson sent greetings to Councilman'Reid on behalf of the Council and Staff and wished him a speedy recovery. City Clerk Reimche presented the following letter which had been received from Assemblyman Phillip Isenberg regarding binding arbitration legislation: "Thank you for your recent letter about binding arbitration legislation. As a former city official, I am generally opposed to binding arbitration, particularly when it is forced on local government by the Legislature. There are a number of bills dealing with this issue affecting various segments of the public workforce, and I intend to keep the foregoing in mind when any of these bills care before me for a vote. If I can provide you any additional information, please call on me. Best regards. Sincerely, Phillip Isenberg" City Attorney Stein apprised the Council that in the matter of the Rural Land Owners Association, et al, vs. the Lodi City Council, et al; Genie Development which matter is before the Court of Appeal of the State of California in and for the Third Appellate District that the Court has advised that because of the cauplexity of the issues and the need for further research and study, the order of submission is vacated and the cause resubmitted as of this date (dated 5/31/83). COMMENTS BY CITY COUNCIL MEMBERS .� Mayor Olson, with the concurrence of the Council, on motion ^ APPOIDIIAEN'T TO of Council Member Pinkerton, Snider second, appointed Carol LODI ARTS Taylor to fill the unexpired term of Gay Stewart on the Lodi COMMISSION Arts Commission, which term expires May 5, 1985. DISCUSSION RE. CONC INIS RE LODI CABLE TELEVISION Following introduction of the matter by Council Member Pinkerton, Council expressed various concerns regarding Lodi Cable Television such as the change of programming in the middle of a program, poor reception, etc. >42c Continued June 1, 1983 A background check was done on the contractor and the surfacing material he intends to use. No problems were found with the material or the contractor's workmanship. However, our records indicated that his contractor's license recently expired. He was unaware of this and had not received a renewal notice. Apparently he had not notified the Contractor's License Board of a change in address. "We" checked with the Board and found that this situation is not uncommon and that the contractor would be reinstated upon payment of the fees. As of this writing, the contractor has received the necessary forms and is sending us a copy of the application and his check. It is recommended that the contract be awarded to the low bidder, Sports Surfacing, Inc. Staff will assure that the license has been reinstated prior to execution of the contract. PWS. NO. 83-44 Following discussion, on motion of Mayor Pro Tempore Snider, Pinkerton second, Council adopted Resolution No. 83-44 awarding the contract for "Kofu Park Tennis Court Resurfacing" to Sports Surfacing, Inc., in the amount of $13,150.00. mayor Olson apprised the Council that she had recently attended a session on Cable Television at the recent League Legislative Conference held in Sacramento. A lengthy discussion followed with no formal action being taken by the Council. CITY CLERK DIRECTED TO SEND LETTER TO GOVERNOR RE COMPULSORY AND BINDING ARBITRATION Council Member Murphy apprised the Council of a recent meeting that he, Mayor Olson, City Manager Glaves, and the City Clerk had with Senator Garamendi. Following discussion, on motion of Council Member Murphy, Pinkerton second, Council directed the City Clerk to forward a letter to Governor George Deukmejian regarding the City's position on compulsory and binding arbitration. COMMENTS BY THE PUBLIC ON NON AGENDA IMIS There were no persons in the audience wishing to speak under this segment of the agenda. REPORTS OF THE CITY MANAGER REGULAR CALENDAR Agenda Item K-1 - Award Bid - Kofu Tennis Court Resurfacing was introduced by City Manager Glaves. Public Works Director Ronsko apprised the Council that this project AWARD - KOFU includes resurfacing and repainting the five tennis courts TENNIS COURT at Kofu Park. Plans and specifications for this project RESURFACING COff RACT were approved on April 20, 1983. 1� The City has received the following 4 bids for this project: :^ BIDDER BID Sports Surfacing, Inc. $13,150.00 Central Striping Service $16,660.00 Malott & Peterson -Grundy $16,787.00 A & B Asphalt Sealing Co. $20,304.00 Engineer's Estimate $20,000.00 A background check was done on the contractor and the surfacing material he intends to use. No problems were found with the material or the contractor's workmanship. However, our records indicated that his contractor's license recently expired. He was unaware of this and had not received a renewal notice. Apparently he had not notified the Contractor's License Board of a change in address. "We" checked with the Board and found that this situation is not uncommon and that the contractor would be reinstated upon payment of the fees. As of this writing, the contractor has received the necessary forms and is sending us a copy of the application and his check. It is recommended that the contract be awarded to the low bidder, Sports Surfacing, Inc. Staff will assure that the license has been reinstated prior to execution of the contract. PWS. NO. 83-44 Following discussion, on motion of Mayor Pro Tempore Snider, Pinkerton second, Council adopted Resolution No. 83-44 awarding the contract for "Kofu Park Tennis Court Resurfacing" to Sports Surfacing, Inc., in the amount of $13,150.00. 440 Continued June 1, 1983 Council was apprised that as a part of that process, a Committee of effected personnel was appointed which included administrative personnel, department heads, and representatives of employees groups. The committee evaluated the proposals which were received frau eight firms and determined there were two which would best serve the City of Lodi: Industrial Indemnity Insurance Services, ingilbc i%4�'oRUN@ wits to meet the persons that would be handling the actual claims, ask them questions, clarify procedures, etc. After the visit to both firms in their local offices, it became obvious that Leonard J. Russo would best serve the City of Lodi's interest. The major factors which led to this conclusion were: familiarity with local government issues; experience of the people handling the claims; backup availability; and the workloads assigned. The Committee is of the strong opinion that Leonard J. Russo should be selected to function as our Workers Compensation Administrator effective July 1, 1983. -` AWARD - CONTRACT ` FOR CONTRACT 1 ADMINISTRATOR FOR WORKERS COMP Barbara Akk was in the audience and addressed the Council regarding the matter. RES. NO. 83-45 Following discussion, with questions being directed to Staff and Ms. Akk, Council, on motion of Council Member Murphy, Snider second, adopted Resolution No. 83-45 awarding the contract to serve as the City's Contract Administrator for Workers Compensation to Leonard J. Russo, Inc., of Sacramento. Council was informed that because of new regulations regarding the STA claim, the Council of Governments is requesting county agencies to revise their claims to make sure that all 1982-83 STA apportionment funds are used during the year. Any unused STA money could revert to the State. These revisions will claim $55,239.99 of unclaimed STA funds which will be used for our Dial -A -Ride system and the excess on the Turner Road overlay project - COG is handling the paperwork for these revisions. STA & TDA 1982-83 CLAIMS AMENDED Following discussion, on motion of Council Member Pinkerton, Murphy second, Council adopted Resolution No. 83-46 RES. NO. 83-46 authorizing the City Manager to execute the revised 1982-83 Local Transportation Fund and the State Transit Assistance ` (TDA) Claims. Following introduction of the matters by City Manager Glaves, Council took the following actions: SPECIAL a) on motion of Council Member Pinkerton, Murphy second, ALLOCATION Council approved a Special Allocation in the amount of APPROVED FOR $7,500.00 for Lodi Avenue and Church Street Signal LODI AVENUE AND Coordination Study. t� CHURCH STREET SIGNAL b) Council, on motion of Council Member Murphy, Pinkerton COORDINATION second, approved a Special Allocation in the amount of STUDY AND CITY $3,800.00 for installation of the City Hall Parking Lot HALL PARKING LOT Lighting. LIGHTING Council was apprised that each year, the City finances the budget with funds which have been labeled as Prior Years Revenues and have made no effort, except in the General Fund, to make appropriations to and from reserves. - 441 Continued June 1, 1983 APPROPRIATIONS TO VARIOUS FUNDS APPROVED RES. NO. 83-471 It seems good practice and is in accordance with the provision of "Proposition 4" that the City clearly establish operating reserves in the Enterprise Funds such as the City has in the General Fund. Council is requested to authorize the establishment of the following Operating Reserve Funds, and to appropriate the following amounts into those funds: Electric Utility Fund Operating Reserve $2,554,090 Sewer Utility Find Operating Reserve 104,550 Water Utility Fund Operating Reserve 110,065 These are the amounts we estimate to be in these funds when the books are closed for the 1982-83 fiscal year. The 1983-84 budget is predicated on the establishment of these reserves and transfers from those reserves will be shown, rather than as Prior Years Revenue. In addition, Council is also requested to transfer $176,440 to the General Fund operating Reserve and $347,830 to the PL & PD Reserve Fund. The latter request is to fund the needed reserves recommended by Barbara Y. Akk & Associates. on motion of Council Member Pinkerton, Murphy second, Council adopted Resolution No. 83-47 authorizing the establishment of the following Operating Reserve Funds and appropriating the following amounts into those funds: Electric Utility Fund Operating Reserve $2,554,090 Sewer Utility Fund Operating Reserve 104,550 Water Utility Fund Operating Reserve 110,065 and transfer of $176,440 to the General Fund Operating Reserve and $347,830 to the PL and PD Reserve Fund. Council was apprised that Pacific Telephone Co. is in the process of upgrading its facilities in the general area north and west of the Hutchins Street Square. In discussing this work with City Staff, the possibility of undergrounding the existing aerial cables on Oak Street in front of the Hutchins Street Square was explored. HUTCHINS STREET The Company has placed some underground facilities but was SQUARE TELEPHONE intending to leave the existing wire on the wood poles UNDERG%?UNDING fronting the site on Oak Street. Since they have not installed the wire, they are willing to place the new wire and the existing cable underground, do the necessary splicing and remove the poles, if the City will install the conduit. Ordinarily undergrounding done at the request of an outside party is done entirely at that party's expense. The estimate is a rough one based on preliminary discussions with Pacific Telephone co. A better estimate would be made after plans and specifications are prepared. Following discussion, on motion of Council Member Pinkerton, Snider second, Council appropriated $15,000 from the Capital Outlay Reserve Fund to provide underground conduit for telephone facilities on Oak Street fronting the Hutchins Street Square and to prepare -plans and specifications for the work. City Attorney Stein apprised the Council that he had been asked how the City of Lodi adequately protects itself fiat suits resulting from injuries caused by defective materials and/or products used in Public Works Projects. 44'' Continued June 1, 1983 ti POLICY ESTABLI11En City Attorney Stein presented for Council's perusal, an TO PROTECT CITY analysis of the question which analysis determined that the "FROM SUITS City could require all general contractors doing work for RESULTING FROM the City of Lodi to maintain in addition to normal bodily DEFECTIVE injury and property damage insurance, independent MATERIALS contractor's insurance. Discussion followed with questions being directed to Staff. Council, on motion of Council Member Pinkerton, Murphy second, set forth a policy whereby the City will henceforth require all general contractors doing work for the City of Lodi to maintain in addition to normal bodily injury and property damage insurance, independent contractor's insurance. 1983-84 BUDGET Following introduction of the matter by City Manager Glaves, PRESENTATION Council received the initial presentation of the 1983-84 City of Lodi Budget by Assistant City Manager Glenn. As a part of that presentation, on motion of Council Member Snider, Murphy second, Council authorized an expenditure of $2,900 for a Finance Department Reorganization Study. ADJUU TO There being no further business to caste before the Council, CLOSED SESSION Mayor Olson adjourned the meeting at approximately 9:50 p.m. to a Closed Session to discuss a matter of possible litigation. Attest: Alice M. Re' City Clerk