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HomeMy WebLinkAboutAgenda Report - December 15, 1982u CITY COUNCIL MEETING DECEMBER 15, 1976 They (:1ty Masteger apprised the City Council that since April 16. 1'9'o t), when the C tty':3 a xi s,tin tree rentuval ht.licy utas adopted by the City CeetnCil, the C.:aty has hzId many que:-otiors evnie: tal, cut,cer_tvig tict:A withiti they piltd-c :ight.u:f-I..•ay which wv re: no.•t anywt! ret! by tlas et.iut-ing policve 1'3e:+:.2u..w ut this, Sla-tt has drafted the following Stre-ul s vt- P-olicy for C:ouitcil's ai)prov.tt: Trucs whi,:h are 50% or tit .re witht.n tit%: pi0thc right ut wity shall be c.wisid recti City trees. This measurement :shall i;a: taken at the base ufl the took at thea gruund budace. 'I'lle City of 1_.,cli i -s rualiousibiv i.►r caring tt,r all e.:tty t rests:, within the public right tit way including truaiming, sltr'syisig and gcneral rru/iattatt'lanct►. IiJo 1• 1 reel 1:4 n-Ar.arc•toua to Into f)IIIAiC ul Its.;e;aaary rout :aurg ry word -d re vide r it la./.4.t rdciu6: 1, TfQ:v ::.+1111io.a v.III$ ZitbCwalk I- 4;v 11i3t.111vii by I►r,/he:rty va, pit rQel c_`t rb nricl �tllte.•I' iy 111 1�.i.1�1_; t'3t71 11...V:1T a tea;. c"$.Arit, u11prGVa rl.t tlt i,..�+1,••lt.vr f.e l !•... . .. h �: t.t.Ji•'l� ..[nl. .1: 1•�1 eN 1. ,. ,. 4' T'J 1'- 1 .i. 91 t; ((y le .•�. !';1=til .. Ili. i'1.. \1+. i•.r ll 1 i 1 •J:.1, .a T'11�1 �\IT!111. Il... I...,.tt:; t t:;►,t -. •i .• �.../ il• i'1:1�...\. t: '/i'�le'!' T�Ir t•+Il•.1.•.tt��! l l„�. , ati I l.• �; t ,l/r- I'lj •i�riiv rta t: •.lN: is..$ 1.': 1, j i•,,• t t .1 t'►tl}; tl •tlt :111d i.ttis'lact: to .. M.tYrra.;�4.aia�ti•.M:abg+e'RNai+cs�v.'+ewacw.•wNnNwwixwa�,k¢!� ... S d • .. N 19 s•r12r:1":'r rl��:�: POLICY ADOPTED _ RES. No. -1.104 u CITY COUNCIL MEETING DECEMBER 15, 1976 They (:1ty Masteger apprised the City Council that since April 16. 1'9'o t), when the C tty':3 a xi s,tin tree rentuval ht.licy utas adopted by the City CeetnCil, the C.:aty has hzId many que:-otiors evnie: tal, cut,cer_tvig tict:A withiti they piltd-c :ight.u:f-I..•ay which wv re: no.•t anywt! ret! by tlas et.iut-ing policve 1'3e:+:.2u..w ut this, Sla-tt has drafted the following Stre-ul s vt- P-olicy for C:ouitcil's ai)prov.tt: Trucs whi,:h are 50% or tit .re witht.n tit%: pi0thc right ut wity shall be c.wisid recti City trees. This measurement :shall i;a: taken at the base ufl the took at thea gruund budace. 'I'lle City of 1_.,cli i -s rualiousibiv i.►r caring tt,r all e.:tty t rests:, within the public right tit way including truaiming, sltr'syisig and gcneral rru/iattatt'lanct►. IiJo 1• 1 reel 1:4 n-Ar.arc•toua to Into f)IIIAiC ul Its.;e;aaary rout :aurg ry word -d re vide r it la./.4.t rdciu6: 1, TfQ:v ::.+1111io.a v.III$ ZitbCwalk I- 4;v 11i3t.111vii by I►r,/he:rty va, pit rQel c_`t rb nricl �tllte.•I' iy 111 1�.i.1�1_; t'3t71 11...V:1T a tea;. c"$.Arit, u11prGVa rl.t tlt i,..�+1,••lt.vr f.e l !•... . .. h �: t.t.Ji•'l� ..[nl. .1: 1•�1 eN 1. ,. ,. 4' T'J 1'- 1 .i. 91 t; ((y le .•�. !';1=til .. Ili. i'1.. \1+. i•.r ll 1 i 1 •J:.1, .a T'11�1 �\IT!111. Il... I...,.tt:; t t:;►,t -. •i .• �.../ il• i'1:1�...\. t: '/i'�le'!' T�Ir t•+Il•.1.•.tt��! l l„�. , ati I l.• �; t ,l/r- I'lj •i�riiv rta t: •.lN: is..$ 1.': 1, j i•,,• t t .1 t'►tl}; tl •tlt :111d i.ttis'lact: to .. M.tYrra.;�4.aia�ti•.M:abg+e'RNai+cs�v.'+ewacw.•wNnNwwixwa�,k¢!� ... 112 Minutes of December 15. 1976, continued LEAF COMPOSTING (b) that the City. Manager he authorized to PROPOSAL monitor the project and disburse a4dl lional APPROVED(Contel.), funds as necessary to sati-sly the budget. (q) that the Lodi Community Development and Services Agency, Inc. obtain. com preliensive Public Liability and Property Damage in-surance and carry Workmen's CompensatWn insurance on .their employees, Bids which had been received for a Turf Mower for AWARD -TURF the Parks Department were presented by the City MOWER FOR THE Manager as follows: PARKS DEPT. Bidder Atnoujit RES. NO. 4303 if, V. Carte -r - Jacobsen 712 -inch $5172. S0 *Optional water cooled engine +500.00 Brady Holmes Co. - Toro G manctmaste r 72 -inch $5559. 0:6 Western Lawn Equipment Co. - Hustle r Hustler $6036.70 Mr. Glaves reported that of -these bids, the H. V. Carter Co. bid. With tim Jacobsen unit is the low b-14. This -machine comes equipped with an air cooled Kobter engine or an optional water cooled indusfrial.engins at $500. 00 ext-ra. Mr. Glaves stated -that-It -has ltCen the City's- experience that thio type of angina to very expe-14vive to Discussion followed with questions regarding the matter being directed to Staff by the Couuc-il, Councilman Katzakian moved tiia-t CouxaciA adopt Resolution No. 4303 awarding the bid for a Turf. Mower for the Parks Depa-r-t-meni- to the Brady Holmes Company for the Toro Grouodma-slex - 7Z - inch at a cost of $55594 04. The mation was seconded by Coune,117man Xbrhar& and carried. The City Manager appelsed the City C:ouncil> that STREET TREF since April 16. 116,% when tlse CUyls evLaUn-ge POLICY ADOPTED tree removal policy, was a4epte.& by the City. Council, the City has had ra-any queations C" -.,Ie up RE;S.. NO. 4304 concerning trees wit -his the publit- rigta-of-way which were not answered by the emix-ting polly. Because of this. Staff has dralteA, the following Street Tree Pol1gy for Ceunel-ls approval: 1. GENERAL Trees which axe S0O/6 or more within the public right of way shall be considered City trees. This measurement shall be taken at the base of the trunk at the ground surface. The City of Lodi is responsible for caring for all City trees within the public right of way including trimming. spraying and general maintenance. -7- STREET TREE POLICY ADOPTED RES, NO. 8304 (Continued) Minutes of December 15, 1976, continued Property owners are responsible for any required watering of newly planted trees in park- ways. The City isnot respogsible for maintenance of non -City trees. Property owners and City pe rbonnel are not allowed to remove or alter any City trees unless one of the criteria listed below is met or special approval is received from the City Council. 11, TREE REMOVAL A. City Responsibility - The City will. remove a City -tree at its expense when: 1. Tree is dead; 2.,_ Tree is diseased beyond cure: 3. Tree is hazardous to the public or necessary soot surgery would render it hazardous 4. Tree conflicts with sidewalk to be installed by property .ovine rs Gn pa reels whe re cu rb and guttei is in plate; S. Tree removal is necessary for a City improve- -ment project or 6. Tree causes repeated extensive davnage to underground utilities or curb, gutter and side - ,walk. B. Property Owner Rmsinolib=ality - With the issuance of an encroachmeiat permit by the Public Works Department, a tree with�i-n the pubtic� right of way essay be removed under the followipg, comdi. tions at the property owne r0s expense. 1. Trees bearing fruit and eaus,ing a nuisance to the property owner may be removed* Trees in parkways wilt- be replaced° at City's expeta<se as part of Its tree planting- program. 2. Trees may be retrieved to widen ezi-sti-ng drive- way or to eonstr+iet a new driveway. Trees to parkways will be repladed at. City's expense as part of its tree plant-iag program, 3. Tree may be removed when less than 50% of the tree is within public right of way. 4. Trees may be removedas part of an approved development where curbs and gutters do not exist. Discussion followed with questions regarding the proposed amended City Street Tree Policy being posed to Staff. .8- 118 114 Minutes of December 15. 1976, continued STREET TRICE POLICY 4PO.PTED On Motion of Councilman Pinkerton, Katnich second, the City Cquncil adopted Resolution NQ, RESO NOV 4304 4304 approying the amended Street Tree Policy (Continued) as. heretofore outlined, Mayor Hughes read aloud a Council Communication. ELECTRIC RATES from W. C. Lewis, Utility Director, which reads in part as follows: "Payment of October and Ngve rube r P. G. Ic E bills In the amount of $420, 434# 36 and $42 3, 690. 6 respectively has been withheld on the advice of Wasldagton attorney George Spiegel pending com. pietion. of Impending negotiations with the P. G,. & EV attorney. It now appears that an. agreement with P.G.&E. will not be reached in sufficient time to pay the October and Novwmber bills W a-Umely manner. "In order to promote continued, negotiations a-nd-o dispel public fears of the termination of electric service by P-,-G,&E.', it is recommendeel that the power bills calculated with the retail fuel adjust - snout cost- be paid to P. G. &E.. and the- disputed fuel amount be deposited; in a bank account earmarked for further payment to a mutually agreed escrow company when determined;." Calculations based on the reenmmendatlon of attorney George Spiegel, we -re present --ed for CounciPs perusal. Mayor Hughes apprised the Council that the City Is in receipt of late advice and counsel f -rocs the City's Washington attorney and suggested that the Council recess to executive session.. The City Counci - recessed at 9:55 pm, to Executive Session, Upon request, the. City Clark was excused from attending the Executive Session by Mayor Hughe's The Council reconvened from Exeeutive Session at iO:30 p. me Mayor Hughes opened the discussion by glv%n;g a brief update on events which had led tothis disputa explaining that the dispute centers around the, fuel cost adjustment. The Mayor ax-plai-ned than the "direct pass through fueet cost, adIjustr-neut charpq is excessive and that the cit ze:cs: of Lodi aro paying approximately twice as much for that segment of their bills as their counterparts right optstde the City limits are paying. The City of Lodi has phosen to challenge P. G. &E. on this with respect to ttse+ fairness and equity of that rata. If the City is successful in its dispute, that money suggested to be withheld will be returned directly to the citizens of Lodi and wU1 repre=sent a credit on their, hll'ls-, The City of Lodi doesn't benefit a bit on its actions ip this matter other than to protect the citizens, because trey are paying more than P. G. & E.#s other eustomprs� -9- 350 Minutes of Apt ii 16, 1969 contttowd 1. Original It- ruse, Brr t, Lawrence 6 Lee Ca: telanelli and James A. McCarty, The Milk Stc.p, 1213 A -est Lockeford Street, cdi•:nle beer and wine. Z. Original 1.:ence. Bert, Lawrence 6c Lee Ca.telanelli and James A. McCarty, The Milk Stop, 321 South Hutchins Street, off- -.0-t: beer and mines. x. 3. Temporary retail permit, Lodi iiaseball Club, =- Lawrence Park, 350 N. Washington Street, on -sale beer seasonal l t: G LAND CONSE:R-V. Assistant City Manager Peter: on prevented a notice from AGREEMENT the San Joaquin County Hoard of Supervisor- stating the OPPOSED Board's intention to consider a Land Conservation Agreement l for land which is within one mile of the City Iimits of the RES. NO. 3254 City.of Lodi. On motion of Councilman Schaffer, i untrell z second, the Council unanimously adopted Kesoluti-on.No. 3254 protesting the establi-hment of a Land Conservation Agree- ment involving certain lands situated within one mile of the City limits of the City of Lodi. p Councilman Culbertson then tnoved that it be the policy of s . the Council to oppose any contractual arrangement for an agricultural prese-rve within one melt of the City limits. The motion was seconded by Councilman Schaffer and carried by unanimous vote. 3 AA:UIV RE Mayor Kirsten stated he had received a letter from the � y LIBRARY American Association of university Women endorsing the proposal of the Library Board for a library construction fund.. i REPORTS OF THE CI'T'Y MANAGER i CLAIMS Claims in the amount of $188, 504. 90 we r e approved > on motion of Councilman Brown. Hunneli second. i SIDEWALK Assistant City Manager prercented the sid,ewa-1'k survey SURVEY reas ` ort prepared by the. Public Works Department for P p c REPORT discussion. Councilman Culbertson moved the T-trat•ter be continued to the t weeting of May 7. so that the Courrcit i might have further time to f3ud}r the report, he tit oa- waas seconded by Mayor Ki -.-sten. under the, question, Councilma-:i HAinnell sugt esitcl the matter be. di russed t a -t a special meeting on May 14 Councilman Culbertson then withdrew his :notion and Mayos Kirsten his second. Councilman Culbertson moved tiro discussion of the r sidewalk survey report be continued to a special m -meting on May 14. 1 96 9. The traotion was seconded by Mayor Kirsten and carried by unanimous vote, RtEM•OVA-L Mr. Peterson pre-entcd the Council with the recornin-c-tiled � OF TREES e policy concerning unioval of trees in public right--* of way. 1 # POLICY After discuaston of the r.:cocnmended policy, Councitnxan Culbertson nto%r•.d Council app -oval after changing the words if _ 6 PARKING STUDY 700 BLOCK OF S. CENTRAL 351 Minutes of April 16, 1969 continued "developed residential" to 'h" in paragraph 5. and changing the words 'desire to" to 'Its to be installed" in paragraph 4 and 'hre to be installed" in paragraph S. The motion was seconded by Councilman Brous. After further discussion, Councilman Culbertson amended the motion to adopt the tree removal policy to read as follows: 'Tree Removal By The City of Lodi For Trees In Public Streets: 1. When trees are dead. Z. When trees are diseased beyond cure. 3. When trees are hazardous to the public or necessary root surgery would render therm hazardous. 4. When sidewalk is to be installed by property owners on parcels where curb anti gutter is in place. 5. When curb. gutter and sidewalk are to be installed by property owners on parcels of less than 17, 000 sq.. €t. within the City of Lodi as of April 1. 1969 6. When tree removal is necessary for a City street widening project." The motion was seconded by Councilman Brown and carried by unanimous vote. Assistant City Manager Peterson submitted a report con- cerning parking on the 700 block of South Central Avenue as requested by the Council at its meeting od April 2. Coancil-- man Hunnell mated the. -matter be continued W thel meeting of May 7. 1969. The emotion was seconded by Cmmel rnan Schaffer and carried. PURCHASE OF The Assistant City Manager subrnit ed a request: front- the ADO'ITIONAL Public Works Director recorn,mendi,,n_g that the City Co+aarc'►I PROPERTY authorize the City Manager to acquire acid-R-Janat pra , rte AT WELL S at the site of Well #9 at South Stockton Street an4 Kett-Ieman AUTHORIZED La -pie. Mr. Peterson explained that there are two, rea-goolt for acquiring the added land at this time. First, the future rights of way of both streets take a cons-Werabte pov-11an of the existing site.. thus more land is, needed to. provide an adequate maintenance and servicing= area-. Sc-coad3y,,, the sewer line of tate small house imrnediatety south of the well site is too close to the well itself to meet State standa-r-da;,. He recommended purchase of the additiona-I land to resolve a two -fold problem. On motion of CouncJI-mah Rx -own.. Hunnell second. the City Council author -•i -zed Me. City Maoager to acquire additional property. at Well No. B as recommended and to acquire an additional parcel on the east side of the present City property 10 ft. x 1000 ft, if possible. The emotion carried with Councilman Culbertson voting no. - 7 - l TO: FROM: DATE: SUBJECT: COUNCIL COMMUNICATION City Council City Manager June 23, 1982 Tree Policy Relating to Viola Fahrner's Property at 424 South School Street, RECOMMENDED ACTION: Review existing Tree Policies together with request .from V ola Fahrner dated May 31, 1982, and take appropriate action. BACKGROUND INFORMATION- The .City. -Council at their meeting of June 7,. 1983-, received the attached letter from Viola Fahrner dated May 31, 1982, request- ing the -City of Lodi to remove the two: Sycamore trees in the parkway fronting. her property at 42°4 South School Street and to also remove the roots from her - lawn. Viola Fahrner has talked to the Street Supervisor, the Assistant City Engineer, and me about this matter and we have all indicated to her that based on the existing Tree Policy, that we cannot remove the trees from the parkway fronting her property. For Council information, attached as Exhibit A is the existing Tree Policy adopted in 1976, and attached as Exhibit B- is the previous Tree Removal Policy- adopted olicyadopted by the City Counti-I In 1969. Also attached for Councilinformation.., are Exhibits C and D which are the City Council minutes adopting these policies. The removal of the trees fronting Viola Fahrner's parcel, does not fait under the guidelines of either the present or past Tree Removalr Policy. The present pol.idy (Exhibit A) does provide for special approval by the City Council` for City trees. Viola Fahrner is requesting,- that the City Council take the necessary action in order to have the trees and their roots removed- by the City at City cost. The subject trees are healthy, Sycamore trees located fn, a reasonably sized parkway and based on my observations have caused little if any damage to the sidewalk or property owner's lawn-. 1 feel that it is important that the Council personally look at these trees in the field prior to making their decision. A L. Ronsko c Works Oireetor la Fahrner . GLAVES, City Manager FILE NO.