HomeMy WebLinkAboutAgenda Report - November 17, 1982 (65)CITY C= CIL, CITY OF LODI
CrV MALL COUNCIL CHN-SEPS
Noverber 17, 1982
A regular meeting of the City Council of the City of Lodi was held begiijairr4 at
8:00 p.m. Wedriesday, November 17, 1982 in the City Hall Council Chambers.
ROLL CALL Present: Council Lamers: Murphy, Olson, Pinke ��,
Snider, and Reid Mayor)
Absent: Council Vkmbers: None
Also Present: City 1-1anager Glaves, Assistant City manager
Glenn, Public Vlorks Director Ronsko, City
Attorney Stein, and City Clerk lairche
INVOCATION The invocation was given by. Reverend R. L. Weishof, f ,
Emanuel American Lutheran 0mrch
PLEDGE The Pledge of Allegiance was led by flayor Reid
PRESEN'MIONS mayor Reid presented to City Manager Henry Glaves; the
International City Managecent, Association Certificate of
Service in recognition of his twenty five years of service
to city management.
REPORTS OF THE
CITY MANAGER
CONSEUr CALENUM In accordance with report and recaruendation of the
City manager, the following actions hereby set forth beb4cm
asterisks, on notion of Mayor Pro Taq=e
Mimphy, Snider seom*ad, were approved by Council.
CLAIM CEA1249 WERE APPAWED IN THE AM0UNr OF $1,621,963.94.
AVVM - SUBMERSIBLE
TRANSFM4ERS
City Manager Glaves presented the following bids
which had been received for four 167 RVA, single-
phase submersible transformers.
gRaWSM4 M!MMM BID WALUATID4
*JV* & *Bn
Price est pM Of Life -Cycle
aMlier witax losses gas—t
RTE Cor
'p. 9,103.28 9,209.60 $1$•312.86
Westinghouse
Electric Co. 16,887.92 8,195.20 25,083.12
G.E. Supply 12,652.16 12,472.20 25,124.36
I
(7�
Continued rbved>--r 17, 1982
Flollowing recommendation of the City Manager, Council
adopted the follct-iing resolution:
RES. NO. 82-125 REESOWrICH NO. 82-125
RESMIMON XIAMM THE BID FOR miR 167 M
SINGEZ-PILASE SUM, ruRSIBLE TRANSEM. WS To RIE
CORPORATION IN TIM X-IOUNT OF $9,103.28
o==il was anxised; that the City of Lodi entered into an
agreemmt with CAL TRAM In 1979 to acquire the necessary
rights of way for the luprovement of South Stockton Street.
That agreement.was to expire Deomber 31, 1982,. With delays
in Stockton Street preLbdnary design, MM, etc. tMt date
will be here before the city can acquire those rights of
way. Zia City Attorney has reviewed the Amendment and
approves; of the document extending the original agreement
for two years until December 1984.
Qxvicil adopted the follming resolution
JO -
City Vbmger Glaves Presented the following bids which
DI. ad
had been received for Lane Line Painting and Rew,;al of
Miscellaneous Markings:
Name of Bidder kat!tM Raraval Total Bid
Traffic Ltd. $13,089.84 $2,849.30 $15,939.14
Safety Striping 14,269.22 1,865.00 16,134.22
Riley's Striping 19,505.50 1,325.00 20,830.50
Following recommendation of the City Manager, Council
adopted the following resolution:
PAINTING AND
104OVAL OF MISC.
PgUUCDX;S
RESOLUTION NO. 82-126
RES. NO. 82-126
RESOLUZZON ANAMING THE CONTRACT FOR LANE LINE
PAINTING AND PZWAL OF WSWZAHWUS 11tVM=
To Troln= IM-1ITED, LODI, IN THE AV-10UW OF
$15,939.14.
Cm=U was apprised that CML TRANS has notified the City
that it is in order to ped with the appraisals and
right-of-way acquisitions for the Stodd= Street Widening
Project. The contract with Craig Hutbard is in the amount
CONTRACT WITH
of $8,400 and covers the appraisals for 26 parcels.
CF4aG HUBBhRD
FOR S. SIOCKTION
STREET APPRAISALS
APPROIM
COUNCIL APPF0= THE; COtn?A= WITH CRAIG HUBBARD, INC. FOR
THE REAL EMTE APPRAISALS ON STIOMaW STREW AND AUT1JM=W
Tim mm AND my am 70 EXWrM THE CMn?.A= ON BM"
OF TEM CITY.
o==il was anxised; that the City of Lodi entered into an
agreemmt with CAL TRAM In 1979 to acquire the necessary
rights of way for the luprovement of South Stockton Street.
That agreement.was to expire Deomber 31, 1982,. With delays
in Stockton Street preLbdnary design, MM, etc. tMt date
will be here before the city can acquire those rights of
way. Zia City Attorney has reviewed the Amendment and
approves; of the document extending the original agreement
for two years until December 1984.
Qxvicil adopted the follming resolution
JO -
DI. ad
ID,
to 1. Z-11
ad 10 Y DOZ4
. r r I °.a;•
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%ontin"Od 130vem`aer 1982
;e
SPECS APPROVED FOR
TURF XXIM COUNCIL APPROVED ME SPDCIFICATIa S FOR CvC TJRc 1197ER AHD
Atli 1=7.ED TfiE PUXHASING AGr caW TO ADVERTISE x)R BIDS
THEROON.
4:
Council was apprised that Lance Ellis owner of Ellis Czar
Cherokee "No
Wash Co. at 820 South Lane has requested a
Parking Zone" to provids sight distance for his custcaers as
s_
they exit the Gar wash. The situation is similar to that at
other locations ubere property owners have requested the
removal of on -street parking near driveways to prevent�rr=
accidents by impraving sight distance and it was Staff's
} s x
reooimvdation that the request bef
granted.
Council adopted the following resolution:
a
RFS. ESTABLISHING RFSOUTTION NO. 82-128
l
f
A "NO -PARKING ZCW
IN THE AREA OF RESO.*ITPIC N ESTABLISHING A "NO PAET nIG ZwE" IN THE AREA
820 SOtTTH QXROKEE OF 820 SOUTH CbiF2UM IR. ]E, LODI.
LAZE
RES. NO. 82-128
r' t
PUBLIC HEARINGS Notice thereof having been published and affidavit of
publication being on file in the office of the City Clerk,
Mayor Reid called for the continued Public Hearing to
consider unmet transit needs within the City of Lodi. An
earlier Public Hearing had been held at 3:00 p.m. at the
.
Hale Park Recreation Center on the matter.
UNMET TRMISIT The matter was introducedby Assistant City Manager Glenn,
NEEDS WITHIN who reported on the November 12, 1983 Transportation
j
cm of imi Productivity Improvement Committee. The Comrattee consisted
of Assistant City Mnager Glenn, Dallas Stafford of the City
Cab Company., and Shirley Klein of Loel Center.
Mr. Bob slauson, 2200 West Walnut Street, Lodi gave the
following presentation regarding the subject and responded
to questions as were posed by the Council.
"I thank you for the opportunity to present my concerns
regarding the local dial -a -ride system, local transportation
needs in general, and the appropriate expenditure of
Transportation Development Act Funds. Because of blindness,
I am a certified dial -a --ride user. X am indeed a
dial. -a -rich user and I have had experienoe with such systems
in three small cities: Eureka, Humboldt County; Ukiah,
liendocino County: and nodi,. The 2-1/2 years prior to my
=
moving to Lodi this August, I was active on the Citizens'
i
Advisory Committee for Elderly and Handicapped
Transportation in Eureka and Northern Humboldt County. I
was also the executive director of a small human service
agency --an iriMendent living progrm for the physically
disabled—one function of which was to provide accessible
i
transportation for the disabled citizens of Northern
o
itmboldt County.
Particularly, because our current approach to land use
planning spreads shopping centers, residential areas,
educational facilities and industry all over the map, and
such planning is based on the assumption that every citizen
?.
is independently mobile, the term "transportation
r` ;
handicapped" has real meaning for those of us who cannot
drive. Because of this truly handicapping effect of
restricted mobility, we must rely upon transportation
provided by others: public fixed route systems, paratransit
systems, and when we can afford it, by cab,
`1
iU
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'1
Continued November 17, 1981
Turning to my particular concerns, the first of these is
Lodi's dial -a -ride system. Let me say that those that
Provide the service, the drivers, are courteous, helpful,
concerned people. The four drivers who work for this system
are great. however, compared with the other two systcr►s
with which I have had experience, the Lodi system falls
short in most other respects. In my opinion, the rost
serious short -=ming is the unpredictability and the
generally long delay between the initial can for service
and the cocpletion of the ride. I was originally told that
this systea would complete the transportation in thirty to
forty minutes. Flor we, in my seventy some odd trips since
early Septenber, the shortest time has been fifteen minutes
which is excellent; the average is around thirty-five to
forty-five minutes, the longest times are over an hour.
The Ukiah system also has a fixed mate scheduled service
with which I am more familiar. The few times I have used
their dial -,a -ride, however, the average wait has been about
twenty minutes. I have used the Eureka systen hundreds of
times. The average time is bienty minutes. More serious to
me than the delay, here, is the unpredictability of the
service, and the inability to reserve specific times in
advance. I have frequently missed appoint-ents: in many
instances, had I been informed of the approximate duration
of the delay, I could have easily walked to my destination.
Walking time is often substantially shorter than relying on
this service. I certainly could not rely on this system to
facilitate employment. 1+1 primary a<perience has been with
the Eureka system, in that case, delay time was sufficiently
predictable so that I could depend on the system to make
appointments and to get to work on time. In addition, it
was possible to make advance reservations to guarantee
tran.�portation within a ten minute time frame. In that
situation, one could anticipate a total of one half hour
time spent to and from an appointment. Here, I Host set
aside a total of two hours waiting and transporting for an
appointment. Too often, even this is not sufficient. If I
were to depend on this system, the Greyhound and S:.II.D to
make an appointment in Stockton, I would have to set aside
more than five hours for transportation.
Possible solutions which occur to me for this particular
dial -a --ride problem include: increasing the number of
drivers; arranging for guaranteed advance reservations;
utilizing other cabs in the system, when necessary and
arranging the dispatch system so that a time frame is
specified for each trip.
A second major problem is the inability of this system to
connect with other dial aride services and public freed
route systems. Odah's dial -a -ride system worked quite well
in conjunction with the Mendocino Transit Authority. Tine
MM goes to almost every populated portion of Mendocino
county. Tice same is true of the Flureka system. Banat is
more, the Faureka system will transport to the adjacent
northern dial -a -ride jurisdiction; the one dial -a ride w11
take a passenger to the destination while the other system
will return him to his point of origin. For ma,
specifically, I have need to go to wooatir3dge and to North
Stockton; the Woodbridge trip costs me ten dollars round
trip and the Stockton trip would cost me thirty-six dollars
round trip by cab or five hours of transportation time using
a caebination of other systems. I believe the geographic
area for dial -a -ride should be expanded, using a zone
system, if necessary. This should include the setting of a
reasonable flat rate for connection with Stockton.
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OLh-itinuad �bvc.7bor i �; 1982
Another general problem with dial -a -rid-- whirl. I have
encountered is the lack of cooperation armg systa.1s
regarding certification. What I pay for the pritrarf support
of most dial -a -ride system is a State tax which I believe
should entitle me to the use of this service wherever I am
in tho State. The existing systems seem to usually require
local certification. I believe that such services as
dial -a -ride should be available to any certified user
throughout the state and that state wide information should
be made available to all useeers. Many of the problems which I
have expressed regarding local transportation could be
solved with fixed route, frequently scheduled public
transportation.
Before concluding, I would like to share, briefly, my
thoughts on this process and the. appropriate use of 7M
rcney. As I understand it, TDA money represents one out of
every twenty-four cents collected as the general State sales
tax. It is not a special tax placed on gasoline or licenses
and should therefore not necessarily be scant in the same
way as those user fees. !ransportation Development Act
funding was created to develop a variety of alternative
transportation systems in response to unmet public need.
The potential needs have been categorized, and while
maintenance and improvement of streets and road are armg
the categories, streets and roads are at the bottom of the
list follawing public transit, specialized transporta`
for the elderly and handicapped and bike paths and trails.
In Lodi core than 90$ of DA money goes to streets and roads
and less than 101 goes to public and specialized
transportation. While I am new to the area and may not
fully understand local problem, I believe this proportion
is unreasonable.
The matter was introduced by Public Works Director Ronsko
who presented diagrams depicting the proposed aumxt nts,
detailing the proposed a w0h eats, and responding to
questions as were posed to Council.
There were no persons in the audience wishing to 'speak on
the matter, and the public portion of the hearing was
closed.
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I ask that you consider my needs and concerns and I
—
respectfully suggest that you actively solicit public input
regarding these needs."
Council discussion followad. Questions were directed to
Mrs. Rae Margrave, city Cab many - Dial -A -Ride, who was
in the audience.
There being no other persons in the audience wishing to
speak on the matter-, Mayo: Reid closed the Public Hearing.
No formal action was taken by the Council on the matter.
AliE NDM US TO
SPDCMC P,.AN OF
IO= SX:F e4E=
R0AD BEDO.
KE=iNi LANE AMID
IADI AVENZ
ORD. 210. 1278
UVRODUCED
Notice thereof having been published in accordance with law
and affidavit of publication being on file in the office of
the city Clerk, Mayor Reid called for the Public Hearing to
consider the Lodi. City Planning Oanmission's re=mwdat on
that the followirg.amen&mts be made to the Specific Flan
of Ivwer Sacramento Road betwen Xettleman Lane and Lodi
Avenue, U di.
The matter was introduced by Public Works Director Ronsko
who presented diagrams depicting the proposed aumxt nts,
detailing the proposed a w0h eats, and responding to
questions as were posed to Council.
There were no persons in the audience wishing to 'speak on
the matter, and the public portion of the hearing was
closed.
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7
Continu,�d Nov3-i>ar 17, 198201
On notion of Council .b==ar Snider, Murphy second, council
introduced Ordinance ib. 1278 adapting nunerous ammbx-nts
to the Specific Plan of lower Sacramento Road bet.,;een
ttleman Lane and Lodi Avenue as heretofore set forth. The
motion was carried by unanir-aus vote.
a) That Tokay Street be shown on the west side of Lower
Sacramento Road with a right-of-way width of 55 feet;
b) That a statement be added to the plan that indicates the
approved center median openings at this tizze are
Kettleman Lam, vine strL-at and Lodi Avenue;
c) That the sidewalk din-ansion of 10 fee- be revised to 5
feet in residential areas and 7 feet in coam.rical,
institutional. and reverse frontage single-fardly
residential;
d) That the following staterent be added to note rio. 3 on
the speciiic Plan: "Fencing at right-of-way will be
adjacent to only reverse frontage single-family
residmtial development;"
e) That "Denied Access" in the leggy be changed to read
"Denied Vehicular Aocess*; and
f)- that the following coament be added to the specific
plan-. "Fencing and corner cutoffs at intersections
sh3II be approved by the Public Vbrks Department.
ORDINANCE Ur.Al, R*J= thereof having been published in accordance with law
IZIM BINW IN THE and affidavit of publication being on file in the Office of
CM OF IMI AS the City Clerk, mayor Reid called for the Public Hearing to
AUIMORIZM BY STATE consider a Proposed Ordinance legalizing Bingo in the City
LAW WWOUCED of Lodi as authorized by State Law.
The ratter was introduced by City Attorney Stein who
reviewed the proposed Ordinance and responded to questions
as uvxe posed by the Council.
Speaking in support of the proposed Ordinance was Dr. Thomas
Carlton, 732 Costa Drive, Lodi.
sbere being no other persons in the audience wishing to
speak on the subject, the public portion of the hearing was
closed by Mayor Reid.
OV0IWXM NO. 1279 Council Member Pinkerton then moved to introduce Ordinance
No. 1279 - An Ordinance of the City of Lodi authorizing
qualified organizations to coniuct Bingo Games within the
City of Lodi. The motion was seoondW by Mayor Pro Tempore
Murphy and carried by unanimous vote.
PIANN= C0K4ISSIa;
City Rmager Glaves gave the following report of the
November 8, 1982 Planning OonvAission Meeting:
The Planning 63mmission:
IT&4S OF RnERESr 1. Conditionally approved the request of TA=ky,Stores, Inc.
and Euclid Shopping center for a Use Permit to demolish
and replace the former Albertson's Market with a new
Ducky's Food Store at 340 West Kettleman Iam in an area
zoned C -S, Convercial Shopping.
In a related item, certified the filing of a Negative
Declaration by the Cmmmity Development Directior on the
above project.
Continued tbvember 1982
2. Determined that a Zoning Hardship existed and approved
request of Mike Stiehr for a Zoning Variance to reduce
the roquired minima lot width from 50 feet to 45 feet
at 316 and 316 East Elm Street to permit existing lots
to be used for maltiple-family purposes in an area zoned
R -M. High Density Maltiple Family Residern, tial.
CITY CLERK
PUC APPLICATIONS City Clerk Rein&..e apprised the cm=il that a letter had
LE17M FROM CITY
ATION&Y RE POSSIBLE .
CONFLICT OF IWEREST
RE DECLARATION OF
DIPAC%ION BY LUSD City Clerk Reimche read the foilaAM letter from City
Attorney Stein regarding a conflict of interest for
omu=ilmen whose imediate family =cabers are employed by
the Lodi. Unified School District to vete an a decision
regarding a public hearing on a Lodi Unified School District
Declaration of Lypaction
M
"On Tb=sday, November 4, 1982, I contacted the Fair
Political. Practices Commission and asked specifically
whether them would be a conflict of interest for mailmen
whose immediate family members are euployed by the Lodi
Unified School District to vote on a decision regarding a
public hearing on a Lodi Unified School District Declarations
of Impaction.
The FPPC stated there was no conflict of interest. The
reasoning used and the first Section that one rust look to
is under Government Cade Sections 82030 under definitions
of -inane" and thereunder Section 82030 (b) (2) to wit:
"Inoone" also does not include
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r.
been received frog P.G.& E. giving notice that in Ar,=Ided
Application 82-01-59 it has requested authorization under,
its Solar Financing Adjustrent (SFA) to revise its electric
and gas tariffs, effective January 1, 1983, to support its
Demonstration Solar Financing Program, which the Cocmission
!
i
ordered P.G.& E. to conduct under 011-42 in Decision No.
92251.
City Clerk Reiidw presented a Notice that had been received
advising of the Pacific Telephone and Telegraph Company's
application to increase revenue to offset increases in
depreciation expenses.
LE ERS OF RESIGNA-
TICtB itc'XSIVFD FROX+!
VARIOUS BOARDS AND
OOMUSSIONS
City Clerk Reinriz° presented letters of resignation from
Eco =Ic Development Commissioner Russell Larkin and Arts
Ctomissioner R. P. Corey. City Clerk Reimd a was directed
to make the necessary postings for applicants.
ABC LICENSE
The City Clerk presented the follrfr ng application for
Alcoholic Beverage License:
Rose Four Aces
Aguilar, Elss G/Rosemarie
9 North Sacramento Street
Lodi, CA 95240
On Sale Beer and Wine Eating Placa and Public Premises
LE17M FROM CITY
ATION&Y RE POSSIBLE .
CONFLICT OF IWEREST
RE DECLARATION OF
DIPAC%ION BY LUSD City Clerk Reimche read the foilaAM letter from City
Attorney Stein regarding a conflict of interest for
omu=ilmen whose imediate family =cabers are employed by
the Lodi. Unified School District to vete an a decision
regarding a public hearing on a Lodi Unified School District
Declaration of Lypaction
M
"On Tb=sday, November 4, 1982, I contacted the Fair
Political. Practices Commission and asked specifically
whether them would be a conflict of interest for mailmen
whose immediate family members are euployed by the Lodi
Unified School District to vote on a decision regarding a
public hearing on a Lodi Unified School District Declarations
of Impaction.
The FPPC stated there was no conflict of interest. The
reasoning used and the first Section that one rust look to
is under Government Cade Sections 82030 under definitions
of -inane" and thereunder Section 82030 (b) (2) to wit:
"Inoone" also does not include
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r.
!
i
a
a
�y
Continued November 17, 1982
"...(2) Salary and reim.!=scment for emeses
or per diem received from a state or local
government agency and reimbursement for trav,l
expenses and per diem received from a bona fide
educational, academic or charitable organization;"
The part that Section 82030 is under deals with the
ti
requirement of filing a conflict of interest statement.
What the FPPC said is that since Section 82030 (b)(2) does
not include monies received from a School District,
f`
therefore there would be no conflict of interest where a
decision of a C m=il would affect said i:nccm. .
You get to the decision regarding the voting on the S --',,ml
District impaction by loaki.ng further to Covernrient Code
Section 87103 (c) which contains the general prohibition
against a public official voting on a project or making a
decision which will affect a financial interest. Govent
Code Section 87103 states that an official has a fina-rcial
interest in a decision if it will have an effect on any
'
source of income, to wit:
"An official has a financial interest in a
decision within the meaning of Section 87100 if
it is reasonably foreseeable that the decision
will have a material financial effect, d stingmsha'ale
from its effect on the public generally..."
Since salaries received from a School District are not
considered reportable income hereunder, it is the position
of FPPC that voting on a decision which will affect that
inoocne would not, therefore, be a conflict of interest.
Subsequent to speaking with the EM, I spoke with Dick
Eichenberger of the District Attorney's office. It was his
opinion that since the FPPC did not consider that a conflict
of interest exists, that he would not consider prosecuting
any suggested violation. He further, stated that he agreed
with the FPPC's opinion."
RONALD M. SPEIN
City Attorney
city Clerk Reimehe then read the following letter that had
been received from John J. Vatsula, President of the
c<merning Board of the Lodi unified School District:
Mayor Fred M. Reid
Lodi city Hall -
221 West Pine Street
Lodi, CA 95240
"Dear Mayor Reid and Had)ers of the Lodi City Council:
On behalf of the Lodi unified School District, I
respectfully request that the Lodi. City Council reconsider �+
its action of Wednesday, November 3, in which the collection
of Development Fees for new housing units in the school
district was susperded.
This district has approximately 5,000 students who are
housed in interim facilities or on double session this
school year. Development Fees have been an important source
of revenue that enables the district to provide interim
housing this year at those schools (Lawrence, Heritage,
Nichols, Senior Elementary, W= brige, Lodi and Tokay High
Schools) serving students from developing subdivisions in
Lodi. proposition 1 is important to Lodi Unified, but it
will not result in a relief to our overcrowded schools for a
time to cane.
Coatinucd Novas ber
'_. ; 1982
In light of the Fair Political Practices Camission's ruling
indicating that there is no conflict of interest of comncil
mfrs in this matter and in recognition of the district's
documented need for interim Imsing this school year, we
request reconsideration of this matter by the full camel
at the earliest possible date.
—jLnank you for your consideration of this irportant request.
Sincerely,
t 4
'
r 34
John J. Vatsula
} �i
President of the Gweznin3 Board"
council Member Olson Bien roved that in light of the Fr PC's
"
ruling indicating that there is no conflict of interest that
the Council's action of 14 verber 3, 1982 be rescinded
regarding the suspending of the collection of Deyveloprent
Fees for new housing units and that a Public Hearing for
=
reconsideration of the Declaration of B paction dated
Septenber 7,1982 by the Lodi Unified School District Board
of Trustees be set. The notion was seconded by Council
Ir Snider. A lengthy discussion followed with an
int to the ration being proposed by council rbuber
Pinkerton. 0ouncil mer Pinkerton challenged the legality
of the motion indicating that he felt that !,.:fora Council
rescinded its earlier action, he felt the matter had to be
discussed in Public Hearing.
council Member Olson's motion as heretofore set forth
carried with the Public Hearing for the reconsideration of
the Declaration of Irpaction being set for January 5 1983
at 8soo p..m. by the foilowir-7 vote:
LORI UNIFIED
`
Ayes: Oouncil Neuer - Olson, Snider and Reid
DISTRICT
I
DBM ARATION OF
Noes: Oouncil 14mber - Dlirphp and Pinkerton
€
IMPACTION
L
Absent: Council Meber - Nome
cauicil I-bm uer Pinkerton again challenged the legality of
this vote.
GRAND JURY REPORT
RE INVESTIGATION OF
LPD
City Clerk Reimche read the following report received from
Beed Robbins, Foretian, Grand Jury, County of San Joaquire,
i
-Interim Report #1 November 10, 1982
In. -v stigation of Lodi Police 1>eparbm-it at Request of
city of. Lodi.
f
The Grand Jury received from the Mayor of Lodi, Califorria,
`
Mr. Fred Reid, a letter outlining a nuaber of ooaplaints and
int the Lodi Police
allegations ago Depart�ut. These
f • : ,f
includes
1. Falsifying poiicx reports;
e
7. Illepl haps and seizures;
3. Brutality,
4. Vulgar and abusive language;
5. Harassaent;
6. Flaplayees stopped;
7. Spotters on the roof with radios;
8. Officers staking out cars and bars.'
Cet,arally, replies to ccuplaints and allegations such as
f .
these are not released to the public. The Grand Jury+`
receives many ompisints of this nature regarding other
z
agencies of this County and after investigation issues a
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Continued Nvaiber 17, 1982
COUNCIL D MUED
Avomm CTAm
FOR bfOW OF NON-
PA3a-1EN ' W HILLS
PRESEN12M BY PG&E
PETITION RE
PE*nTrm ANY
OPERWE AT LACKE-
St'REET
LOC`ATICN WITiiO(TP
ANY STREET OR
ADJOlNnn OFF-
STREET PARKING
TO ci't'y
private letter or rakes no report. Fia-aever, because of the
notoriety given this cutter by the newspapers, City Council
and tlr. Mitchell we felt it only right that our findings be
made public.
In our investigation we interviewed Mr. Mitchell, Lodi
Police Department Personnel, County Counsel, Deputy. District
Attorney, the City Manager, and many concerned citizens of
the Lodi area.
Findings
The complaints and allegations can be boiled clam to three
areas:
1. The lack of probable cause for arrests;
2. Harassment by staking out bars at night;
3. A "point system" used by the Lodi Police Department in
the Performance Evaluation Reports system to evaluate.
personnel.
The Grand Jury feats it would be presumptuous of the Grand
Jury to even discuss "probable cause" as this issue can only
be determined by the Court at the time of the hearing.
In regards to harassment by staking out the bars at night,
the Grand Jury found there had been no legal improprieties
in this complaint.
A detailed review was made of the 'point system" as used in
the Police Performance Evaluation Reports and again it was
found there were no legal improprieties. The points for
motor vehicle violations are only one of a number of item
used in evaluating the personnel of the police department.
It appears, however, that the point system has been a strong
incentive in vehicle stops. Therefore, it is suggested that
the City Council revaluate the use of points as pertains to
motor vehicle violations.
Respectfully,
Read Robbins, Foreman"
Councilman Pinkerton indicated his displeasure in that the
City Manager was given a -copy of the subject report before
Council Ment ers received their copies. It was indicated
that copies went to the Council and the City Manager at
the approximate same time, when the packets were prepared
and distributed.
Mayor Pro 4 gxwe DAirphy asked about the reports release to
the public and press prior to it being received by the City
of Lodi.
On motion of Mayor Pro Torpore Murphy, Reid second* Council
denied the Amended Claim for money for nonpayment of bills
presented by Pacific Gas and Electric Company.
Council, following discussion and complaints received
regarding the matter from W. Thomas Carlton,. 732 Costa
Drive, Lodi, referred to the City Attorney, petition FOR)
received from business operators located.adjacent to that
parcel of land located at the northwest corner (inter-
section) of Lockeford Street and Pleasant Avenue, expressing
conoersn as to the advisability of permitting any business to
operate at said location without any street or adjoining
off-street parking.
-10- ,
Con,tLrnkod Nbve;--ber 1932
pin_ORT RE CLOSED City Clerk Rehwht- reported that at a Closed Session of the
'SESS1a4 OF '111& City Council hold tbvembar 3, 1982, Council authoriv--d the
C(XPCIL H= proceeding with negotiations ccs the rights-of-way
=M -BER 3, 1982 acquisitions on the Snell and Jercae parcels.
CCX DIUM BY CITY Council Member applauded the recent Bard Review hold in this
COLkCIL WMERS City.
COrL-03TS BY THE There were no persons in the audience wishing to speak under
PUBLIC ON NON this segment of the agenda.
AG0M ITE -IS
REGUIAR CAtANDAR
REPORTS OF THE CITY Following introdUCtiOn of the matter by Assistant City
MNAGER 3m-3-er Glenn, Council,
on m. -ion of Council ma:ber Snider,
Ammmir WITH Olson Second, adopted Resolution No. 82-129 approvkrj the
COU1?rY FOR DIAL -A- Agreeme:lt between the City of Lodi and the County of San
RIDE IN WOODBRIDGE Joaquin for Dial -A -Ride Transportatum in the lbodbridge
APPROVED area and authorized the S yor and City Clerk to execute the
document an behalf of the City.
RES. 140, 82-129
Agenda item k-1 *Request for mid -block crosswalk between the
Fairmont Rehabilitation Hosoital and Lodi Memorial Hospital"
was introduced by Public Works Director Ponsko. fir. Ronzko
reported that for various reasons, the City of Lodi has
strongly discouraged such installations in the past. Among
them reasons are:
RD)UEST FOR MID -
B= CROS%VJA 1. They may cause pedestrians to have a false sense of
BEn%1EEN THE FAIR- security with respect to vehicular traffic.
NONT REHABILITATION`
HOSPITAL AND 2. They may cause a greater number of rear end collisions
LJODI HiZURIAL due to pedestrians not waiting for gaps in traffic.
HOSPITAL
3. They may cause an increase in fatal and serious injury
accidents, because crosswalks are usually considered to
be safety devices. How -aver, accident studies shad a
disproportionate accident rate in terms of marked versus
unmarked crosswalks, probably due to a less cautious
pedestrian attitude at urrarked walks.
4. Additionally, motorists expect crosswalks and
pedestrians at interesectims and when there are
intersections fairly close together, motorists would
not expect to have a crosswalk In the middle of the
block.
A number of cities were contacted in, past studies, and it
was found that most not only discourage mid -block
ansswalks, they don't consider them in blocks less than
600-1000 ft. long. Furt1wr, the amount of use of this
crosswalk would be minimal in the sense that very few people
would use it compared to a rud-block crosswalk in the
downtown area.
Ms. Beverly McFarland, Administrator, Fairmont Pzhabilita-
tion Hospital was in the audience and spoke on behalf of
her request.
roliwing discussion, with questions being directed to staff
and to Ms. McFarland, Council, on motion of Mayor Pro
Tenj)ore Murphy, Reid secorA, denied Ms.. McFarland's request
for a mid-blOck crosswalk between that facility and Lodi
memorial Hospital. Further, Staff was directed to check
into expediting the construction of wheelchair reaps at the
Fairmont Avenue -Winder Avenue Crossing.
-11-
I
Continued fbve.,finer 17, 1982
RDCFSS Mayor Reid declared a five-minute recess and the Council
reconvenod at approximately 10:35 p.n.
CITY STREET TREE Following introduction of the matter by Staff, Council, on
POLICY UPHECD notion of Council fbrber Snider, t
y second, voted not to
deviate frau the City's Street Tree Policy, thereby denying
the request of Ms. Viola Fahrner, 424 S. School Street,
Lodi, for the removal of certain trees located in the
parkway fronting her ply•
AMrr AND Following introduction of the matter and discussion,
M*MW4ffTr LErrER Council, an motion of Councilman Pinkerton, 21urphy second,
FOR YEAR RM D accepted for filing the Audited Financial StataTents of the
JUNE 30, 1982 City of Lodi for the year ended June 30, 1982 and tbanage-
AOCEP'rED FOR FILING went Letter from the auditing firm of Ernst and trdmey.
ITM RENOWN With the tacit concurrence of the Council, agenda item k-4
FROM THE AGENDA "Request for Crossing Guard at Haan Lane and Highway 12" was
removed from the Agenda.
COMPACT CAR Council, on motion of Mayor Pro Tempore ma phy, Olson
AUnEPJZM FOR second, authorized purchase of a compact car for the
RBCF4FPTICN DEPT. Recreation Department based on the condition that the specs
be written for a domestic vehicle.
Council was apprised that earlier this year, the City
applied for, and was granted, an EDEA grant for construction
of the above line. Since that time, the Engineering
Division has prepared plans and specifications, which are
being reviewed by the EDA Regional Office in Seattle.
The project consists of a storm drain in Cluff Avenue from
Industrial Way to Victor Road, varying in size from 48" to
600, and a storm drain pump station near Pine Street. tinder
this grant eligible work, the center 26 feet of the street
is also being reconstructed to industrial standards.
Additionally, the City is also asking for bids for the
installation of a sanitary sewer in Cluff Avenue from Lodi
Avenue to Pine Street.
Sine many of the adjacent property aaners are either
required to, or have sham an interest in the installation
of their curb, gutter, sidewalk and paving, we are also
asking for proposals on each of the property owner's
frontage requirements.
Zine contract will be awarded on the basis of the IDA
eligible work, and the other items will each be evaluated by
the City and the individual property owners prior to award.
All work will be done by one contractor.
The engineer's estimate of the grant eligible work is
$859,680. The sanitary sewer is expected to cost $22,930,
and the property owner's work if it i's "ail awarded, is
expected to cost $165,090. The total, if all items are
awarded, would be $1,047,700. Award will be in January,
with construction starting in February and expected to last
approximately six months. All the necessary rights of way
have been acquired and once approval is granted by the EDA,
it will be in order to start advertising.
Councilman Pinkerton asked to abstain from discussion and
voting on this matter because of possible Conflict of
Interest.
On motion of Mayor Pro Tempore Murphy, Olson second, Council
approved plans and specifications for Cluff Avenue Storni
Drain., Industrial Way to Victor Road, and authorized the
advertising for bids thereon subject to receiving approval
from the Economic Development Agency.
-12-
C+aztinuod Novaater i. , 1932
^PEARS A:O SPECIFI- The motio:i carried by the `ollaaing vote:
CATIa4S MR CLUFF
AVE2,1Z STOR3 DRAIN,
IFIUIJSTRm wAy Ayes: Council IIkxI>er - Murphy, Olson, Snider, and
TO VICTOR 100 Reid (taayor)
APP.ROR/FD
Noes: Council iianber - done
Abstain: Council 14m.-ber - Pinkerton
Absent: Council I33er - None
SPEED ZCNES Following introduction of the matter by Staff, and an
ES:ABLISIM earlier indepth study of the subject at an Infomal
`Tvinua?OVI' CITy Informational tSeeting, Council, on notion of C�=xnailman
Snider, Idurphy second, ado?ted Resolution znb. 82-230
establishing various speed zones nraughout the city as
heretofore set forth
RE9OLI7nIai In. Resolution :b. 82-130
82-130
Resolution of the City Council of the City of iodi
establishing various sx-ead zones within the City
of Lodi.
RESOLVED, that t1le City Council of the City of Lodi does
hereby establish the following speed zonas within the City
of Lodi.
BD=4kn MAD, Kettleman In. to Pine St.
45 mph
BE= -'AN RDAD, Pine St. to Victor Rd.
30 mph
BECKMAN ROAD, Lockeford St. to Turner Rd.
40 rio
CALIf'OMIIA STREET, Lockeford St. to Turner Rei.
30 mph
CEDTI W BLVD.., Ham In. to Hutchi:n St.
35 mph
ELMSTRr"ET, Lower Sacramento Rd. to Ham Lane
35 mph
EIR STREET, Stockton St. to Cherokee In.
35 vo,
HAM LAN£, Harney Iso. to Century Blvd,
35 no
HAM LF01R, Lodi Ave. to Eln St.
35 mph
HUICHM STREEP, Harney Ln. to Century Blvd.
50 mph
HL71XXM STREEP, TUkay St. to Lockeford St.
30 mph
LODI AVENUE, Ham In.. to East City Limits
30 uph
LOWER SACRAMENTO RD., Turnsr Rol:. to North
City Limits
35 mph
HILLS AVRXX, Lodi Ave. to Turner Rd,
35 mph
STOCZC= STREET, So. City limits to
Kettleman Ln.
35 mph
STOCKMIN STREET, Lodi Ave. to Lockeford St.
30 mph
sTomiOQV SrF=, Lockeford St. to Turner Rd.
35 mph
TURNER ROAD, Lower Sacramento Act. to SPRR
35 no
Turem ROAD, SPRA to Highway 99
45 mph
TURNER ROAD, Highway 99 to East City Limits
35 mph
VINE STREET, Lower Sacramento Road to Ham Ln. 35 iph
BE IT FURTHER RESOLVED, that all: resolutions or parts of
Resolutions in conflict herewith are hereby rescinded.
Dated: November 17, 1982
-13-
Continued Novenber 17, 1982
I hereby certify that P.ssolution PXI. 82-130 was passed
and adopted by the City Om=il of the City of Lodi in a
regular meeting held liovember 17, 1982 by the following
vote:
Ayes: Council 1-b bers - Pinkerton, Olson, Snider,
Murphy, and Reid (Mayor)
Noes: Council Mgrs - None
Absent: Council ta'abers - tom!
ALICE M. REI XME
City Clerk
RES. NO. 82-131
Following introduction of the ratter by Staff, Council, on
motion of Council Maher Snider, Olson second, adopted
E
Resolution No. 82-131 - Resolutio::� Amending "Rules for
Personnel Administration, City of Lodi", Rule 9, Section 6,
re holidays observed by the City of Lodi employees, and
timvby rescinding Resolution No. 78-132 pertaining thereto.
ACTIMS TAiON
Further, on motion of Councilman Pinkerton, Olson seed,
MZNDIM LIST OF
Council introduced Ordinance No. 1280 establishing the
r CITY RE)OLUMED
Friday after. Thanksgiving as a parking holiday in downtaarn
HOLIDAYS
Lodi, The motion carried by unanimous vote. Further,
Council tacitly concurred that enforcement will be excused
ORDS
for that day this year.
DMM TO ANIML
Councilman Afurphy proposed delaying the improvement proposed
SHELTER IMINE
for the animal shelter in order to proceed with the
MW PF40P0SED
refurbishing of city restroom facilities. Discussion
followed with no action being taken.
-- ADJOURROU
There being no further business to arae before the Council,
Mayan Reid adjourned the meeting at approximately U.-20 p.m.
Attest:
ALICE M. RE. IC HE
City Clerk
THE FOREGt MG DOCUMENT IS CERTIFIED
TO BEA C DWv..CT CO -- i CF TRE GRIGINAI
ON ME IN TMS OF IZE.
C c1 07 LODI