HomeMy WebLinkAboutMinutes - October 21, 1992 (8)yes
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 21, 1992
7:30 P.M.
ROLL CALL Present: Council Members - Hinchman, Pennino,
Sieglock, Snider, and Pinkerton (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and City Clerk
Reimche
_T;i7 C.,ATION The invocation was given by Pastor Boyd Patterson, Zion
Christian Fellowship.
PL1�GE OF The Pledge of Allegiance was led by Mayor Pinkerton.
".LLSGIANCE
PPS3ENTATIONS Mayor Pinkerton announced that October 18 - 26, 1992 is
"National Business Women's Week" and that lie had the
pleasure of presenting an appropriate proclamation earlier
to the Lodi Business and Professional Women's Club.
COMMENTS BY THE PUBLIC
There were no persons in the audience wishing to present
comments under this segment of the agenda.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Mayor Pro Tempore
Pennino, Hinchman second, approved the following items
hereinafter set forth with the following items being
removed from the agenda:
a) Agenda item #F-7 entitled, "Final Map and
Improvement Agreement' for Johnson Ranch,
Unit No. 2, Tract No. 2586";
h) Agenda item 4F-14 entitled, "Set public
hearing for November 18, 1992 for amendment
of garbage ordinance to include industrial
waste and to amend the franchise agreement
with Sanitary City Disposal Company"; and
c) Agenda item #F-15 entitled, "Salary
adjustments for members of the Firefighters
Unit".
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Continued October 21, 1992
,civ
CLAIMS CC -21(a) Claims were approved in the amount of $1,946,827.05.
MINUTES No minutes were presented for approval.
CONTRACT AWARD FOR LANE LINE PAINTING,
VARIOUS STREETS. 1992
RESOLUTION NO. 92-173
CC -12(a) The City Ccuncil adopted Resolution No. 92-173 awarding
CC -300 contract for lane line painting, various streets, 1992 to
Traffic Limited, Lodi, California, in the amount of
$18,788.34.
This project provides painting of lane lines on arterial
and collection streets on an annual basis and approximately
50 percent of lane lines on residential streets. Bids were
opened on September 30, 1992 and four bids were received.
The cost of painting a mile of lane line has decreased
approximately six percent since the last time the City
requested bids, which was September 1991.
Following is a tabulation of the bids received for your
information:
Traffic Limited, Lodi, California $18,788.34
Central Striping, Rancho Cordova, California 21,079.30
Chrisp Company, Fremont, California 21,951.60
A & B Sealing, Sacramento, California 33,605.80
ACCEPTANCE OF IMPROVEMENTS UNDER CHURCH
STREET PARKING LOT EXPANSION, 100'
N/PINE STREET - ALLEY/NORTH
CC -90 The City Council accepted the improvements under the
"Church Street Parking Lot Expansion, 100' N/Pine Street -
Alley/North" contract, and directed the Public Works
Director to file a Notice of Completion with the County
Recorder's office.
The contract was awarded to A. M. Stephens Construction of
Rio Vista on July 15, 1992 in the amount of $40,651.25.
The contract has been completed in substantial conformance
with the plans and specifications approved by the City
Council.
The contract completion date was September 23, 1992, and
the actual completion date was September 7, 1992. The
final contract price was $46,250.21. The difference
between the contract amount and the final contract price is
mainly due to underestimating the tonnage of asphalt
2
Continued October 21, 1992
concrete needed for the project and a contract change order
that was issued to abandon the old septic tank.
The $3,000.00 appropriation from the Gas Tax Fund will pay
for the paving in the alley right-of-way which is now being
used as the driveway. The exact Gas Tax Fund will be
determined by the Finance Director.
The $1,500.00 appropriation from the General Fund will pay
for the balance of the project.
PURCHASE OF ONE -TON DUMP TRUCK,
STREET DIVISION
RESOLUTION NO. 92-174
CC -12(d) The City Council adopted Resolution No. 92-174 approving the
CC -300 purchase of a one -ton dump truck for the street division
from Geweke Ford of Lodi, the low bidder, in the amount of
$23,420.54.
Funds to purchase a one -ton dump truck for the street
division maintenance crews were approved in the 1992/93
operations/maintenance budget. This vehicle will replace
truck #54, a 1980 Chevrolet pickup with 129,000 miles on
the odometer. The unit will be used by crews to haul
street material and tow equipment on a daily basis.
Bids were opened on October 6, 1992 and ten bids were
received from eight bidders as set forth below:
Bidder Amount
Geweke Ford, Lodi
(Bid #1) $23,420.54
S & C Motors, San Francisco
24,423.70
Stan Morri Ford/Chrysler,
Tracy
(Bid #1) 25,294.31
Sanborn Chevrolet, Inc.,
Lodi
25,527.05
Stockton F. B. Hart Co.,
Stockton
25,761.79
Geweke Ford, Lodi
(Bid #2) 25,826.60
Country Ford, Modesto
25,981.76
Stan Morri Ford/Chrysler,
Tracy
(Bid #2) 27,279.07
Swift Dodge, Sacramento
28,744.47
Weil Motors, Inc., Lodi
29,246.35
PURCHASE OF CUSHMAN UTILITY VEHICLE
FOR THE PARKS DEPARTMENT
RESOLUTION NO. 92-175
CC -12(d) The City Council adopted Resolution No. 92-175 authorizing
CC -300 the purchase of one Cushman Utility Vehicle from the low
bidder, Duke Equipment and Irrigation, Inc. of Rancho
Cordova, in the amount of $11,008.98.
3
Continued October 21, 1992
IV
On August 19, 1992, the City Council approved
specifications and authorized advertisement for bids for
one Cushman Utility Vehicle. Proposals were received from
two bidders, and were opened on October 7, 1992. Results
of the bid were as follows:
Duke Equipment & Irrigation, Rancho Cordova $11,008.98
West Star Distribution, Hayward 11,644.54
This unit will replace the Cushman vehicle damaged in a
November, 1991 accident.
FINAL MAP AND IMPROVEMENT AGREEMENT FOR
JOHNSON RANCH, UNIT NO. 2, TRACT NO.
2586 REMOVED FROM THE AGENDA
Aganaa item *F-7 entitled,
Agreement for Johnson Ranch,
removed from the agenda.
DEFERRAL AGREEMENT FOR SIDEWALK REPAIR AT
28 NORTH SCHOOL STREET, LODI APPROVED
RESOLUTION NO. 92-177
"Final Map and Improvement
Unit No. 2, Tract No. 2586 was
CC -90 The City Council adopted Resolution No. 92-177 approving
CC -300 the Improvement Deferral Agreement for sidewalk repair at
28 North School Street, Lodi, California, and directed the
City Manager and City Clerk to execute the Improvement
Deferral Agreement on behalf of the City.
On December 12, 1991, an application was filed for a
building permit for a tenant improvement consisting of a
restaurant remodel at 28 North School Street. As a
condition of the issuance of a building permit for the
tenant improvement, and per our existing policy, the Public
Works Department required that damaged sidewalk be repaired
and that the existing service elevator doors in the
sidewalk be abandoned or replaced (Lodi Municipal Code
15.44.030 and 15.44.050). Due to financial considerations,
the owner has requested final inspection and issuance of a
Certificate of Occupancy for the tenant improvements prior
to the completion of the above-mentioned repairs. The
Public Works Department offered to defer the sidewalk and
service elevator repair work for six months provided the
owner would enter into an Improvement Deferral Agreement
with the City (Lodi Municipal Code 15.44.040). The owners,
Paul K. and Christine Tsampis, have signed the agreement in
which they agree to pay for and complete the repairs to
damaged sidewalks in conformance with City standards,
including replacement or abandonment of the damaged service
elevator doors in the sidewalk, within the time period
mentioned above. The executed agreement will be recorded
4
J Continued October 21, 1992
and run with the land and shall be binding on the
successors, heirs, or assigns of the current owners.
PROGRAM SUPPLEMENT TO LOCAL AGENCY -STATE
AGREEMENT FOR TRAFFIC SIGNAL AT
CHEROKEE LANE/;TALE ROAD
RESOLUTION NO. 92-178
CC -7(f) The City Council adopted Resolution No. 92-178 approving
CC -300 Program Supplement No. 034 to the Local Agency -State
Agreement and authorized the City Manager and City Clerk to
execute the agreement on behalf of the City.
This agreement covers the use of Federal Surface
Transportation Program (STP) funds for the installation of
the traffic signal at Cherokee Lane and Hale Road. The
Federal funds will cover 100 percent of at least $100,000
of the preliminary engineering, contract, and construction
engineering.
The plans and specifications for this project are now being
reviewed by Caltrans.
ADDITION OF SECTION 10.16.015 TO THE LODI
MUNICIPAL CODE, TRAFFIC REGULATIONS
ON STATE HIGHWAYS
ORDINANCE NO. 1557 INTRODUCED
CC -7(f) The City Council introduced Ordinance No. 1557 entitled,
CC -48(a) "An Ordinance of the City Council of the City of Lodi
CC -149 Amending Lodi Municipal Code Chapter 10.16 By Adding a New
Section 10.16.015 Relating to Traffic Regulations on State
Highways".
The City Council was advised that Title 10 (Vehicles and
Traffic) of the Lodi Municipal Code currently lacks the
clause required by the State of California, Department of
Transportation, dealing with the regulation of traffic on
State highways. To address these regulations, staff
recommends that the following clause, adopted from the
Caltrans Traffic Manual, be added.
Section 10.16.015
"Any provision of this ordinance which regulates traffic or
delegates the regulation of traffic upon State highways in
any way for which the approval of the Department of
Transportation is required by State law, shall cease to be
operative six months after receipt by the City Council of
written notice of withdrawal of approval of the Department
of Transportation."
5
Continued October 21, 1992
"Whenever this ordinance delegates authority to a city
officer, or authorizes action by the City Council to
regulate traffic upon a State highway in any way which by
State law requires the prior approval of the Department of
Transportation, no such officer shall exercise such
authority nor shall such action by the City Council be
effective with respect to any State highway without the
prior approval in writing of the Department of
Transportation when and to the extent required by the
Vehicle Code."
COUNCIL AUTHORIZES CONTINUED RETENTION
OF DUFOUR AND ASSOCIATES FOR ASSISTANCE
WITH DBCP REGULATIONS
CC -90 The City Council authorized the continued retention of
Dufour and Associates for assistance with DBCP regulations
and approved an appropriation of $11,000 from the Water
Operating Reserve to cover this expenditure.
The City Council was reminded that at the meeting of April
15, 1992, it authorized retention of the firm of Dufour &
Associates to assist in seeking administrative remedies in
handling the City's DBCP problems. As pointed out at that
time, it appears to be in the City's best interest to
pursue both the suit for damages being handled by the law
firm of Miller & Rolfe, and also this administrative
approach to deal with the situation. The Council approved
retaining Dufour & Associates, with expenditures not to
exceed $10,000.
Since April, Mr. Dufour has worked extensively with the
State Department of Health Services (DHS) and other
regulatory agencies as well as the'Mayor's Task Force on
DBCP. It appeared we were making excellent progress in
getting DHS to agree to certain interpretations of
applicable regulations which might have alleviated some or
all of the problems. However, DHS officials a few weeks
ago in an apparent reversal informed us the regulatory
language did not permit them to do as we requested.
It appears there may be other avenues, however, which Mr.
Dufour's firm could help us explore with regulatory
agencies. These would include exemption or waivers, as
well as the possibility of special legislation. Since
expenditures are now approaching the maximum $10,000 figure
authorized in April, it was requested that the Council and
approve appropriate an additional $10,000 for Dufour &
Associates to carry forward efforts for an administrative
solution, plus an additional $1,000 to cover associated
expenses.
6
Continued October 21, 1992
RESOLUTION ADOPTED REGARDING DISABILITY
DETERMINATIONS AND THE SUBMISSION
OF DISABILITY APPLICATIONS
RESOLUTION NO. 92-179
CC -34 The City Council was advised that the Public Employees'
CC -300 Retirement System (PERS) has requested that we include a
provision in our resolution granting authority to
person/persons within the City of Lodi to submit Disability
Applications on behalf of its Miscellaneous members.
The City Council rescinded Resolution No. 92-115 and
adopted Resolution No. 92-179 for disability determinations
ani the submission of disability applications.
PUBLIC HEARINGS SET FOR CITY OF LODI
UNMET TRANSIT NEEDS
CC -50(b) The City Council set the following two public hearings to
receive comments from the public on unmet transit needs:
4
10:00 a.m. Wednesday, December 2, 1992
Senior Center - Hutchins Street Square; and
7:30 p.m. Wednesday, January 6, 1993
Carnegie Forum.
This is an annual requirement of San Joaquin Council of
Government (COG). The City has been conducting these
hearings both in the daytime and at Council meetings since
the inception of the Dial -A -Ride program.
ITEM REMOVED FROM AGENDA
Agenda item #F-14 entitled, "Set public hearing for
November 18, 1992 for amendment of garbage ordinance to
include industrial waste and to amend the franchise
agreement with Sanitary City Disposal Company" was removed
from the agenda.
ITEM REMOVED FP.;M THE AGENDA
Agenda item #F-15 entitled, "Salary adjustments for members
of the Firefighters Unit" was removed from the agenda.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
7
Continued October 21, 1992
REPORT ON LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE
12111
Both Mayor Pro Tempore Pennino and Council Member Snider
spoke about attending the recent League of California
Cities Annual Conference in Los Angeles and reported on
some of the very interesting and informative sessions they
attended.
CITY OF LODI COMMUNITY CENTER/HUTCHINS STREET
SQUARE WINNER OF THE LEAGUE OF CALIFORNIA CITIES
HELEN PUTNAM AWARD FOR EXCELLENCE
CC -7(i) Council Member Snider announced that the City of Lodi was
named the winner of the Helen Putnam Award for Excellence
in the Community Development Division for its Community
Center/Hutchins Street Square. Further, a special award
will be presented to the Old Lodi Union High School Site
Foundation for its partnership with the City in developing
this site.
L QUESTIONS RAISED REGARDING COMPLAINTS RECEIVED
CONCERNING THE NUMBER OF PEOPLE ALLOWED TO
RESIDE IN SINGLE-FAMILY RESIDENCES
CC -16 In response to question raised by Council Member Snider
regarding complaints received concerning the number of
people allowed to reside in single-family residences, the
City Attorney spoke about being regulated by State and
Federal regulations involving this subject.
APPOINTMENTS MADE TO THE CITY OF LODI GANG
TASK FORCE
CC -2(q) Mayor Pinkerton made the following Gang Task Force
appointments:
1) Perfecto Munoz, Woodbridge;
2) Severa Salazar, Lodi;
3) Bob Shamrock, Lockeford;
4) Virginia Lahr, Lodi; and
5) Joe Trevino, Lodi.
8
Continued October 21, 1992
MAYOR ACKNOWLEDGED THE POLICE DEPARTMENT'S
MIS -IDENTIFICATION OF PERSON SOLICITING
AN UNDERCOVER OFFICER FOR AN ACT OF
PROSTITUTION
CC -6 Mayor Pinkerton publicly acknowledged the Police
CC -152 Department's mis-identification of a person believed to be
Un Mi Barnes for soliciting an undercover officer for an
act of prostitution and indicated, the City's regret
regarding this error.
The Mayor read the following statement regarding the matter:
"On August 5, 1992, a hearing was held
before the Lodi City Council on revocation
of the Massage Technician's License held by
Un Mi Barnes. At that time, Lodi Police
Officer Willis Smith testified that during
an undercover investigation, a person he
believed to be Un Mi Barnes solicited him
for an act of prostitution.
It has been subsequently learned that this
identification was wrong and the woman with
whom Officer Smith dealt was not in fact Un
Mi Barnes. The City of Lodi wants to
publicly acknowledge this mis-identification
and to say we deeply regret the error."
UPDATE ON EFFORTS OF PERMIT PROCESSING COMMITTEE
CC -2(o) Following an inquiry by Mayor Pro Tempore Pennino, the City
Council was given a status report on the work of the Permit
Processing Committee and when its final report may be
expected to be received by the City Council.
"RED RIBBON WEEK" ANNOUNCED
Council Member Hinchman announced that October 21, 1992 is
the beginning of "Red Ribbon Week" and applauded the
community's support of the program.
MAYOR VOICES CONCERN REGARDING PURPORTED
DELAY OF INSTALLATION OF ELECTRIC METER
CC -16 Mayor Pinkerton reported on a situation involving a local
contractor in getting an electric meter installed and
directed the City Manager to look into the matter.
"CALIFORNIA JOBS AND FUTURE - COUNCIL
ON CALIFORNIA COMPETITIVENESS"
Mayor Pro Tempore Pennino reported that he had an
opportunity to read the "California, Jobs and Future -
9
a�F
Continued October 21, 1992
Council on California Competitiveness" and asked that the
City Manager and Department Heads review the document.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
CITIZEN VOICES NUMEROUS COMPLAINTS
CC -16 Ngujen To Can, P. O. Box 9077, Stockton addressed the City
Council regarding her driver's license being suspended and
numerous other complaints.
LODI DISTRICT CHAMBER OF COMMERCE
INDICATES THAT AN ECONOMIC DEVELOPMENT
PLAN IS NEEDED BY THE CITY OF LODI
CC -400 Lodi District Chamber of Commerce President Evelyn Olson
addressed the City Council indicating that following a
planning meeting of Chamber members, it was felt that an
economic development plan is needed by the City of Lodi.
CITY COUNCIL CANDIDATE EXPRESSES DISAPPOINTMENT
IN NOT BEING APPOINTED TO THE CITY'S GANG TASK FORCE
CC -16 Marlon DeGrandmont, 2410 Modoc Way, Lodi indicated his
CC -2(q) concern that he was excluded from appointment to the City's
Gang Task Force because he is a candidate for City Council
in the November 3, 1992 election.
PUBLIC HEARINGS
AMENDMENT OF REFUSE RATES WITHIN THE CITY
OF LODI AND NEW COLLECTION MECHANISM
URGENCY ORDINANCES 1558 AND 1559 ADOPTED
Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, Mayor Pinkerton called for the Public
Hearing to consider the amendment of refuse rates within
the City of Lodi and a new collection mechanism.
The following information was presented by staff:
AB939 requires the City of Lodi and all California cities
to reduce the flow of solid waste to landfills 25V by 1995
and 50%- by the year 2000. From the waste characterization
studies we have conducted the only means of meeting this
requirement is to recycle.
The Solid Waste Management Task Force after much study has
recommended to the City Council a curbside recycling
10
Continued October 21, 1992
program. The major elements of this plan are that
residents will be issued one 38 -gallon waste cart to be
used for all non -recyclable waste. Residents will be given
the option of obtaining one or more 60 -gallon carts for
recyclables and one or more 90 -gallon carts for yard and
garden waste. The 38 -gallon cart will be picked up every
week at the curb and the recyclables and yard and garden
waste on alternate weeks.
When this plan was first presented to the City Council, it
projected a residential rate increase to $14.92 for basic
service and another increase of 31V to $19.55 effective
April 1, 1993. It also projected a 31V increase for
commercial and industrial customers now and an additional
31W in April 1993.
Upon review of the projected rates, staff of the City and
Sanitary City Disposal refined these numbers by reducing
labor costs, the number of new trucks to be purchased, the
City's franchise fee and other operational costs. After
this refinement we were able to reduce the rate increase in
April 1993 not to exceed $16.46.
It is recognized there is a segment of our population which
cannot take or make arrangements to have the waste carts
taken to the street. Also we have a sizable number of
families in Lodi who live below the poverty level. In
order to alleviate the impact of this program on those
citizens, it is recommended that the citizens' advisory
board be established to review petitions to continue back
yard service and to ascertain if a family is living below
the poverty level. If the criteria for not being able to
get the waste cart to the curb are met, then back yard
service will be continued. If a family is living below the
poverty level a reduced rate will be effected. It is
suggested this board consist of the following:
° Kirk Evans, Administrative Assistant to the City Manager;
° One member from the Senior Citizens Commission; and
° One member from the Solid Waste Management Task Force.
If a family wishes to continue back yard pick up, this
service will be provided. However, there will be a $10.00
per month surcharge.
This program is designed to provide a strong incentive for
the majority of our population to encourage recycling. By
only having available a 38 -gallon container for solid
waste, people will be forced to utilize the opportunity to
recycle or pay extra for additional capacity. For those
who have little solid waste we can only hope they will
avail themselves of the opportunity to recycle.
11
Continued October 21, 1992
There is little doubt this program is expensive. It is
very capital intensive. Rear -loader collection trucks will
be rarely used as they require two people. Waste carts
must be purchased. Finally, the largest cost of all, is
the expansion of the material recovery facility. This
alone is a project in excess of $4,000,000 which must be
included in the rate.
It must be understood by the City Council that another rate
adjustment is contemplated this spring. The initial
estimates are that the increase will be 28k. However, it
is believed that increase will be significantly lower. We
will certainly have a better handle on the actual costs of
trucks, waste carts, interest, number of carts actually
utilized, the actual costs of operation, and a more clearly
defined cost of the Material Recovery Facility.
On means of increasing efficiency and thus reducing costs
is to allow service to be shared by families in
multi -unit residences. All of the ramifications of this
have not been worked out and the City policy on sharing
service must be rethought. This is certainly an item that
can be considered and included in the implementation.
The budget submitted includes over $100,000 for community
education and awareness. We envision utilizing newspaper
and television advertising. One idea has been to contract
to have a video-tape prepared that would be suitable for
service clubs, church groups and the like.
This program cannot be implemented overnight, but by using
equipment on hand, and "begging, borrowing and stealing"
resources we can begin the first phase of the program
within two weeks and have the whole city involved by
February 1, 1993. The City council would be divided into
districts and each district would be implemented at the
same time.
David Vaccarezza, President Sanitary City Disposal Company
gave a very indepth report concerning the proposal and
responded to questions as were posed by members of the City
Council.
The following persons addressed the City Council regarding
the matter:
a) Joe Ratliff, 1212 Bradford Circle, Lodi;
b) Marlon DeGrandmont, 2410 Modoc Way, Lodi;
c) Barbara Bowers, 419 Swallow Lane, Lodi;
d) Richard Warner, 15 Rio Vista Drive, Lodi;
12
r �y /
Continued October 21, 1992
e)
Mary Bergantz, 261 South Mills Avenue, Lodi;
f)
Larry Crump, 828 South Rose Street, Lodi;
g)
Dave Mende, 834 Wightman Drive, Lodi;
h)
Eileen St. Yves, 310 South Orange Street,
Lodi;
i)
Charlene Crump 828 South Rose Street, Lodi;
j)
Harold Rohrbach, 648 Daisy Avenue, Lodi;
k)
Jim Johnson, 2305 Polk Way, Stockton;
1)
James W. Baum, 3380 East Woodbridge Road,
Acampo;
m)
Rene Bayardo, 3530 Plymouth Road, Stockton;
n)
Dorothy Karabetsos, 312 North Pleasant
Avenue, Lodi;
o)
Ammon Dennis, 15332 Hilde Lane, Lodi;
p)
Dennis Bennett, 1225 Rivergate Drive, Lodi;
q)
Jay Bell, 335 Louie Avenue, Lodi;
r)
Harold Klein, 411 North Lincoln Avenue, Lodi;
s)
Richard Turner, 555 Capitol Mall, Sacramento;
t)
Luis Paredes, 403 South Central Avenue, Lodi;
U)
Debbie Cox, 9 South Crescent Avenue, Lodi;
V)
Dennis Deg, Chairman of the Solid Waste
Management Task Force;
w)
Duane Lindstrom, 360 North Loma Drive, Lodi;
and
X)
Jeff Kirst, P. O. Box 1259, Woodbridge,
California.
Also addressing the City Council regarding the matter and
responding to
questions as were posed by the City Council
was Mr. John Mapes of Barakat and Chamberlin.
Approximately
25 letters that had been received regarding
the matter were presented to the City Council for review.
13
Continued October 21, 1992
There being no other persons wishing to address the City
Council regarding the matter, the public portion of the
hearing was closed.
On motion of Council Member Hinchman, Snider second, the
City Council adopted the following urgency ordinances:
Ordinance No. 1558 entitled, "An Uncodified
Urgency Ordinance of the City Council of the
City of Lodi Amending Lodi Municipal Code
Chapter 13.16 Relating to Residential Solid
waste Collection Monthly Rates"; and
Ordinance No. 1559 entitled, "An Uncodified
Urgency Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 13.16,
Relating to Commercial Solid waste
Collection Monthly Rates".
The motion carried by the following vote:
Ayes: Council Members - Hinchman, Pennino, Snider and
Pinkerton (Mayor)
Noes: Council Members - Sieglock
Absent: Council Members - None
Council Member Sieglock stated that the reason that he was
voting no was that he objected to the 12t profit margin to
be realized by Sanitary City Disposal Company under this
proposal.
RECESS During the course of the public hearing two five-minute
recesses were called: one at 9:15 p.m. and the second at
10:55 p.m.
PLANNING COMMISSION Community Development Director Schroeder gave the following
REPORT Planning Commission Report of its meeting of October 12,
1992:
CC -35
a) The Planning Commission recommended that the issue of
development south of Harney Lane be deferred until a future
General Plan update when all the issues, alternatives and
environmental impacts can be properly addressed with full
public input.
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Continued October 21, 1992
ITEMS OF INTEREST
Further, the Planning Commission -
b. Conditionally approved the request of Terry Piazza,
Baumbach and Piazza Inc. on behalf of Irvin Bender for a
lot line adjustment between 705, 709, 715 and 721 Camellia
Court in an area zoned R-2, Single -Family Residential.
C. Continued consideration of the request of Gary Archer for a
use permit for a temporary office trailer at 247 Commerce
Street in an area zoned M-2, Heavy Industrial until October
26, 1992 because no one was present to represent the
applicant.
d. Conditionally approved the request of Ford Construction
Company, Inc. for a use permit for a temporary office
trailer at 500 North Cluff Avenue in an area zoned M-2,
Heavy Industrial.
e. Reaffirmed its previous position and required that the
reversed frontages fences along Century Boulevard and South
Stockton Street in Bangs Ranch Subdivision be grape stake
with slumpstone pilaster and base and that the developer
deposit with the City for fence maintenance the difference
between that fence and masonry fence.
COMMUNICATIONS
(CITY CLERK)
ACTION DEFERRED ON APPOINTMENT
TO LODI ARTS COMMISSION
CC -2(k) On motion of Council Member Hinchman, Sieglock second, the
City Council by the following vote deferred for two weeks
action pertaining to the appointment to the Lodi Arts
Commission.
Ayes: Council Members - Hinchman, Pennino, Sieglock
and Snider
Noes: Council Members - Pinkerton (Mayor)
Absent: Council Members - None
COMPLAINT RECEIVED REGARDING TRUCKS AND
TRAILERS PARKING ON CITY STREET DURING
THE NIGHT AND OVER THE WEEKENDS IN THE
AREAS OF KEAGLS WAY, MILLS AVENUE AT
TOKAY STREET, TURNER ROAD AND CHESTNUT STREET
CC -16 Mayor Pinkerton referred to staff a letter that had been
CC -46(a) received from Mr. Bill Barton complaining about trucks and
trailers parked on City streets during the night and over
15
Continued October 21, 1992
the weekends in the areas of Keagle Way, Mills Avenue at
Tokay street, Turner Road and Chestnut Street.
REGULAR CALENDAR
DEVELOPMENT IMPACT MITIGATION FEES AT
225 NORTH GUILD AVENUE (APN 029-040-61)
CC -46 The matter was introduced by Assistant City Engineer
CC -56 Richard Prima who advised the City Council that the City
received a letter from Mr. Cecil Dillon, of Dillon and
Murphy, Consulting Civil Engineers requesting an appearance
at a formal meeting of the City Council to discuss the
increased development impact mitigation fees for Parcel No.
029-040-61 which is a five -acre vacant parcel located at
the southwest corner of Victor Road and Guild Avenue in the
Teresi Industrial Park.
The City Council was advised that staff previously
discussed with Mr. Dillon the fee issues involved with this
parcel and indicated that Council action would be needed to
accommodate his request. In short, he feels this parcel
should 'not be subject to the Impact Fees adopted in 1991.
Therefore, staff has prepared the following background
material on this parcel and its relationship to the
Development Impact Mitigation fees.
The subject parcel is one of the remaining portions of the
Teresi property originally subdivided with a parcel map in
1985 as part of the development of the Dart Container
project. Two subsequent parcel maps for the west side of
Guild Avenue were filed in 1985 and 1991. The most recent
map created the subject parcel. All were signed by John
and Varene Teresi as owners. Public improvements were
installed in two phases with property owner, developer, and
City participation.
The latest map, filed on September 26, 1991, contained the
note:
"Requirements of the Lodi Municipal Code for
the dedication of easements, payment of fees
and installation of off-site improvements,
utilities and well and septic tank
abandonments per San Joaquin County permits
have not been met at this time and must be
met prior to development or issuance of a
building permit or when requested by the
City."
Prior to that time, the City had confirmed, in a letter to
Dillon Engineering that storm drain fees could be deferred
until issuance of a building permit. It has been common
16
aol�
Continued October 21, 1992
practice for industrial and commercial parcel maps to defer
fees and improvements until the time of actual development.
During this time frame, as part of the General Plan update,
the City discussed and adopted a new fee schedule for
development impact mitigation. The schedule updated the
commercial and industrial storm drainage fee from $5,700
per acre to $10,520 per acre and added an additional
$19,300 per acre in Water, Sewer, Street, Police, Fire,
Parks and Recreation, and General City Facilities Impact
Mitigation fees for heavy industrial projects.
At the time of adoption in late 1991, the fee ordinance
applied the fees to any parcel which had not obtained a
building permit. Prior to the effective date of the
ordinance, additional Council meetings and hearings were
held regarding application of the fees to parcels which had
started the development process but had not taken out a
building permit.
At the special Council meeting held October 3, 1991, staff
presented four alternate policies on Impact fees and
existing parcels. After much discussion, the Council
adopted Alternate 3. This alternate exempted parcels from
additional Impact fees provided they have development
approvals (short of a building permit) have paid
current Development Impact Mitigation fees (which was the
storm drainage fee).
Since the owner had requested and received approval for
deferral of fees, staff could not approve Mr. Dillon's
request to apply the old fees to this parcel should the
owner wish to pay them now. Mr. Dillon noted that the
owner would have paid the fees prior to the new fee
ordinance had he been aware of the increase. Staff
responded that Mr. Teresi had been sent a letter regarding
the project on his parcel immediately south of the subject
parcel. Apparently the responsibility for payment was in
dispute. The City Attorney was contacted by the developers
and another letter was sent to them and Mr. Teresi which
noted the November 5, 1991 deadline. The developers of the
property paid them for the south parcel before the November
5 deadline in order to avoid the increase. The point is,
Mr. Teresi was made aware of the fee increase prior to the
effective date. Accommodating Mr. Teresi's request now
would require a change in the fee ordinance.
It appears there are only two alternative actions for the
Council to take:
1. Confirm the existing ordinance which means
the subject 5 -acre parcel should pay the
Impact Fees upon development, or
17
Continued October 21, 1992
2. Give staff policy direction on how Council
wants ordinance changed.
Mr. Dillon addressed the City Council regarding the matter
and responded to questions as were posed by members of the
City Council.
Following discussion, the City Council referred the matter
to staff for additional information.
REPORT CONCERNING THE REQUEST OF PROPERTY
OWNERS FOR MODIFICATION OF CITY OF LODI
GENERAL PLAN (SOUTH LODI SANITARY SEWER
STUDY)
CC -21(b) City Attorney McNatt advised the City Council that at the
CC -35(a) October 7, 1992 meeting, the City Council was asked by
CC -51(a) owners of property south of Harney Lane to allow oversizing
CC -176 of a sewer line presently planned to serve the Century
Meadows project. The oversizing would provide capacity for
(among other things) the property now designated "Planned
Residential Reserve" in the General Plan.
Discussions occurred on a number of points, including
whether the proposal could be viewed as a change in the
development policies contained in the General Plan, and
whether environmental clearance would be required. A
number of related questions also came up which still have
not been answered, such as the actual cost of the
oversizing and how much redesign of planned infrastructure
would be necessary if this is approved.
The proposal was also considered by the Planning Commission
at its meeting of October 12, 1992. A recommendation to
the City Council was adopted by a 3 - 2 vote to postpone
consideration of this matter until the next General Plan
update.
Since the last meeting, the City Attorney has remained in
contact with the attorney for the landowners and legal
research has continued. While the search has not turned up
a completely dispositive answer, he still believes the most
cautious approach would be to prepare an environmental
impact report. The proponents in good faith feel a
negative declaration would be sufficient and are prepared
to pay the City's legal costs if the decision is
challenged. This is predominantly a question of policy.
If the Council desires to move forward on the request, it
is possible the action could be challenged. If that
occurs, the critical questions would then include:
1. Is this really a change to the General Plan
requiring the formalities of a General Plan
amendment?
18
Continued October 21, 1992
2. Can the project be accomplished by a
negative declaration of would a full EIR be
required?
Practical considerations would also have to be addressed
including a determination of what, if any, redesign of
existing plans for infrastructure would be necessary and
how the question of reimbursement would be handled. we
still do not know whether the proposed oversizing could be
accomplished concurrently with the present construction
plans without undue delay.
Addressing the City Council regarding the matter was
Attorney -at -Law Steve Herum, P. 0. Box 20, Stockton who
represented the property owners.
Following a lengthy discussion, on motion of Council Member
Pennino, Pinkerton second, the City Council approved the
request of the affected property owners to oversize the
sanitary sewer lines south of Harney Lane, Southern Pacific
right-of-way to Lower Sacramento Road from 8" to 2411,
provided the owners pay all construction costs of such
oversizing including engineering/re-engineering of the
installation of the subject line. Further provided that
proponents execute an agreement to pay all city costs and
expenses incurred in defending the action against challenge
to environmental clearance of general plan issues.
BANGS RANCH UNIT NO. 1, TRACT NO. 2560,
FINAL MAP AND RIGHT-OF-WAY
RESOLUTION NO. 92-176
CC -46 The City Council was advised that the developer of the Bangs
CC -300 Ranch, a California Limited Partnership, has furnished the
City with the improvement plans, necessary agreements,
guarantees, insurance certificates, and fees for the
proposed subdivision.
The subdivision is located on the east side of Stockton
Street at Century Boulevard and contains a total of 33
single-family residential lots and 1 lot (Lot 1) which is
to be resubdivided at a later date. This project is the
first unit in a planned 105 -lot single-family residential
development. Upon receipt of the plans, fees and other
subdivision documentation, final map approval is usually a
consent calendar item. However, two items need Council
decisions:
Fence
The Planning Commission has required the construction of a
right-of-way fence along Stockton Street and Century
Boulevard. The original Planning Commission recommendation
19
Continued October 21, 1992
was for a wood fence with slumpstone pilasters similar to
the fence along Turner Road at Mokelumne Village and along
the south side of Century Boulevard east of Bangs Ranch.
The developers have offered to provide one of the following
alternatives to meet this requirement.
1. Construct a wood fence as recommended by the
Planning Commission and pay the City the
difference between the cost of this fence
and a solid masonry fence ($7/LF) if the
City will assume ownership and maintenance
responsibilities for the fence, or
2. Construct a solid masonry fence for City
ownership and maintenance.
This issue is being reviewed with the Planning Commission
at their October 12, 1992 meeting and will be discussed
more fully with the Council after that meeting. The Public
Works Department feels strongly that some provision for
maintenance should be made either through private ownership
of the fence or payment of maintenance to cover the cost to
the City for maintaining the fence.
Requiring private ownership could involve a change in the
final map.
Red Curb
In order to avoid unnecessary costs in providing temporary
turnarounds for Fire Department equipment, the developers
and Fire Department staff have agreed that temporary red
curbing could be provided at the knuckles on Fairchild
Drive and Squire Way to facilitate the required turning
movements. The red curbing would be temporary and would be
removed when the streets are extended during the next phase
of this development.
Staff recommended that the City Council accept public
ownership of the right-of-way fence at Bangs Ranch and
establish a maintenance fund from a developer contribution
of $7 per lineal foot of fence.
Further, the City Council was advised that the Planning
Commission has required the construction of a right-of-way
fence along Stockton Street and Century Boulevard. The
original Planning Commission recommendation was for a grape
stake fence with slumpstone pilasters similar to the fence
along Turner Road at Mokelumne Village and along the south
side of Century Boulevard east of Bangs Ranch. The
developers have offered to provide one of the following
alternatives to meet this requirement:
20
Continued October 21, 1992
1. Construct a grape stake fence as recommended
by the Planning Commission and pay the City
the difference between the cost of this
fence and a solid masonry fence ($7/LF) if
the City will assume ownership and
maintenance responsibilities for the fence,
or
2. Construct a solid masonry fence for City
ownership and maintenance.
This issue was reviewed with the Planning Commission at
their October 12, 1992 meeting. The Commission reaffirmed
their desire for a masonry/grape stake fence instead of a
solid masonry fence. The Public Works Department has
stated in the past that some provision for maintenance
should be made, either through private ownership of the
fence or payment of maintenance to cover the cost to the
City for maintaining the fence. The developer's offer of
$7 per lineal foot will provide a reasonable amount of cash
to pay for future maintenance. Given this, the Planning
Commission's recommendation, and the aesthetic value and
relative graffiti resistance of a grape stake fence, the
Public Works Department recommends the City accept the
offer of dedication of the fence and the maintenance fund.
On motion of Council Member Hinchman, Pinkerton second, the
City Council adopted Resolution No. 92-176 approving the
final map for Bangs Ranch Unit No. 1, Tract No. 2560, and
directed the City Manager and City Clerk to execute the
improvement agreement and map on behalf of the City.
Further, the City Council approved the construction by the
developers of a grape stake fence as recommended by the
Planning Commission and payment to the City by the
developers of the difference between the cost of this fence
and a solid masonry fence ($7/1,F). The City Council
accepted public ownership of the right-of-way fence at
Bangs Ranch and established a maintenance fund from a
developer contribution of $7 per lineal foot of fence.
Further, the Council approved temporary red curbing at the
knuckles on Fairchild Drive and Squire Way at the
intersection with Dunsmuir Drive to provide turnaround
capability for fire equipment per Fire Department
requirements.
EXTENSION OF OPTION TO LEASE REAL PROPERTY
AT BLAKELY PARK BY THE LODI BOYS AND
GIRLS CLUB APPROVED
CC -27(b) The subject was introduced by City Attorney McNatt and
Parks and Recreation Director Ron Williamson who advised
the City Council that in 1988, an option to lease real
property at Blakely Park was executed between the City and
the Lodi Boys and Girls Club. The option granted the Club
21
Continued October 21, 1992
the exclusive right to lease 29,000 square feet of land at
Blakely Park for the construction of a clubhouse facility.
This option expires December 31, 1992. It is the desire of
the Lodi Boys and Girls Club to extend the option and
progress has been made toward completion of the project.
At the last meeting of the Parks and Recreation Commission,
a recommendation was adopted to extend the option for a
three-year period through December 1995. It was further
recommended that if the City constructs any improvements
such as basketball courts on the subject property between
now and the time the option is exercised, that the Boys and
Girls Club agree to pay for relocation costs of such
facilities.
On motion of Mayor Pro Tempore Pennino, Sieglock second,
the City Council approved the extension of the option to
lease real property at Blakely Park by the Lodi Boys and
Girls Club for a three-year period through December 1995.
Further, the City Council directed that if the City
constructs any improvements such as basketball courts on
the subject property between now and the time the option is
exercised, that the Boys and Girls Club must agree to pay
for relocation costs of such facilities. It was further
suggested that the Lodi Boys and Girls Club look at
developing a site plan now.
ORDINANCES There were no ordinances presented for adoption.
CLOSED SESSION LABOR RELATIONS
CC -200(a) At approximately 11:55 p.m. the City Council met in Closed
Session regarding labor relations.
ADJOURNMENT There being no further business to come before the
City Council, Mayor Pinkerton adjourned the meeting at
approximately 12 midnight.
ATTEST:
Alice M. Reimche
City Clerk
22