HomeMy WebLinkAboutMinutes - November 18, 1992z��
CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 18, 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, Assistant City Engineer
Prima, City Attorney McNatt, and City Clerk
Reimche
INVOCATION The invocation was given by Pastor Jean Lebbert, Emanuel
Lutheran Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pinkerton.
ALLEGIANCE
PRESENTATIONS
HELEN PUTNAM AWARDS PRESENTED TO
HUT CHINS STREET SQUARE AND THE OLD
LODI UNION HIGH SCHOOL SITE FOUNDATIONi
CC -14(e) Mayor Pinkerton and Dennis Bennett, Chairman of the Old
Lodi Union High School Site Foundation, announced that at a
ceremony in the Governor's Office, the City of Lodi
received the "California Cities Helen Putnam Award for
Excellence, Community Development, Lodi 199211, and the
.Foundation received the "California Cities Helen Putnam
Award f;,t- Kxcellance, Hutchins Street Square Foundation for
its Vdr-1naroh-;.p ..=th the City of Lodi 1992".
PROCLAMATION
CC -37 Mayor Pinkerton presented a proclamation for the "Mayor's
Annual Holiday Child Share Program".
REPRESENTATIVES OF THE LODI SWIM CLUB INITRODUCED
Representatives of the Lodi Swim Club who recently
participated in a swim meet on Victoria Island were
introduced.
COYMEENTS BY THE PUBLIC - CONSENT CALENDAR
SEGMENT OF THE AGENDA
There were no persons wishing to speak under this segment
of the agenda.
1
1:Wt7/
Continued November 18, 1992
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Sieglock,
Pinkerton second, approved the following items hereinafter
set forth.
Agenda item #F-10 entitled, "Salary adjustments for members
of the Firefighters Unit" was removed from the agenda.
Agenda item #F-11 entitled, "Establish standard pickup
location for waste cart receptacles" was pulled from the
Consent Calendar and discussed and acted upon under the
Regular Calendar.
CLAIMS CC -21(a) Claims were approved in the amount of $1,237,028.19.
MINUTES There were no minutes presented for City Council approval.
SPECIFICATIONS APPROVED FOR PURCHASE
OF OIL FILTRATION SYSTEM
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for an oil filtration system for the
Electric Utility Department.
The City Council was advised that the oil filtration system
is a piece of equipment used in maintenance and repair of
high voltage, oil insulated equipment, such as power
transformers, circuit breakers and switching equipment.
This system will replace a similar, but worn out and
corroded pump and filter system.
The bid opening has been set for Tuesday, December 15, 1992.
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
FOR PADMOUNT SWITCHGEAR APPROVED FOR
ELECTRIC UTILITY DEPARTMENT
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of air insulated
padmount switchgear (4) for the Electric Utility Department.
The City Council was advised that the switchgear will be
used on the electric distribution system in the following
subdivisions: Century Meadows One, Century Meadows Three
and Towne Ranch as well as to provide inventory for
emergency backup.
The bid opening has been set for Tuesday, December 22, 1992.
2
Continued November 18, 1992
a�
SPECIFICATIONS FOR ELECTRICAL CABLE FOR ..
THE ELECTRIC UTILITY DEPARTMENT APPROVED
CC -12.1(b) The City Council approved the specifications and authorized
advertisement for bids for the purchase of 30,000 feet of
#1/0 15kV underground primary conductor, and 10,000 feet of
600 -volt secondary triplex for the Electric Utility
Department. 1,
This cable will be needed for installation in eleven new
residential and commercial subdivisions scheduled to begin
during the next six to twelve months, and to provide an
inventory for routine or emergency maintenance of the
existing electrical system.
Some of the developments where this cable will be used are
Sunwest Plaza 2, Johnson Ranch 2, Century Meadows 1, 2 and
3, Towne Ranch 1, and the new Target store. As home
construction continues beyond the 12 -month horizon,
additional 600 -volt triplex will be needed, and bids will
be solicited at that time.
SPECIFICATIONS FOR COMPUTER EQUIPMENT FOR
THE POLICE DEPARTMENT APPROVED
CC -12.1(b) The City Council approved specifications and authorized
advertisement for bids for computer equipment as specified
below for the Police Department's Detective Division.
On July 15, 1992, the City Council authorized the
allocation of funds from the Asset Seizure Account to
purchase computer equipment, as well as firearms, for the
Police Department. In August, the City Council adopted
Resolution 92-140 authorizing the purchase of thirteen
computer terminals, the first phase in the Police
Department's computer upgrade program.
This second and final phase of the program will provide for
purchase and installation of three IBM personal computers,
six IBM printers, four IBM emulation kits (allowing the PCs
to attach to and communicate with the Department's IBM
AS/400 computer), and an auxiliary diskette drive.
PUBLIC HEARING SET TO CONSIDER REQUEST
OF SUPER CAB TO OPERATE A TAXI SERVICE
WITHIN THE CITY OF LODI
CC -22 The City Council directed the City Clerk to publish a legal
CC -22.1 advertisement advising of a public hearing that has been
set by the City Clerk for December 16, 1992 to consider the
application of Super Cab to operate a taxicab service
within the City of Lodi.
3
Continued November 18, 1992
The City of Lodi is in receipt of an application to operate
a taxicab service in the City of Lodi which has been
received from Super Cab, P.O. Box 45, Rio Vista, Ca.
Section 5.24.220 of the Lodi Municipal Code sets forth
that:
"...upon the receipt of an application
referred to in Section 5.24.210, the city
clerk shall set a time, not less than ten
nor more than thirty days thereafter, for
the hearing of the application before the
City Council, and shall give notice of the
time so set, at least five days before the
date of the hearing, to the applicant and to
any other permit holder under this chapter
at the address set out in such application
and by publication, if directed, by the
council."
Pursuant to this Section of the Lodi Municipal Code, the
City Clerk set this public hearing for December 16, 1992.
PUBLIC HEARING SET TO REVIEW COST REPORT
OF CITY OF LODI 1992 WEED ABATEMENT
PROGRAM
CC -24(b) The City Council set a public hearing for the regular
Council meeting of December 16, 1992 to receive a report of
the cost of abatement of weeds on the parcels listed below
located in the City and to hear any objections of the
property owners liable to be assessed for the abatement.
Council was reminded that several months ago the Council
initiated weed abatement proceedings on various parcels
throughout the City. According to the Government Code of
the State of California legal noticing, including letters
to the subject property owners, publications and postings
were made regarding the matter. Public hearings regarding
the program were conducted by the City Council.
Ultimately, the City abated weeds on the following parcels:
1. 713 South Sacramento Street, Lodi $145.00
Contractor: Ireland Landscape Co., Stockton
2. 811 South Pleasant Avenue, Lodi $100.00
Contractor: Ireland Landscape Co., Stockton
3. 404 Flora Street, Lodi $120.00
Contractor: Ireland Landscape Co., Stockton
4
Continued November 18, 1992
4. 706 Garfield Street, Lodi
Contractor: S. E. Del Rio, Lodi
$175.00
Owner has indicated
willingness to
reimburse City for
cost of abatement
The Government Code provides that the City Council shall
set a public hearing to receive a report of the cost of
abatement in front of or on each separate parcel of land
where the work was done by the City. At the time fixed for
receiving and considering the report, the legislative body
shall hear it with any objections of the property owners
liable to be assessed for the abatement. After
confirmation of the report by the Council a copy shall be
forwarded to the County Assessor and Tax Collector who
shall add the amount of the assessment to the next regular
tax bill levied against the parcel for municipal purposes.
PUBLIC HEARING SET REGARDING THE NEGATIVE
DECLARATION FOR SOUTH LODI SANITARY
SEWER LINE EXPANSION AND LIFT STATION
CC -6 The City Council set a Public Hearing for December 16, 1992
CC -44 to certify a Negative Declaration for South Lodi Sanitary
Sewer Line Expansion and Lift Station.
ITEM REMOVED FROM AGENDA
Agenda item #F-10 entitled, "Salary adjustments for members
of the Firefighters Unit" was removed from the agenda.
ITEM REMOVED FROM CONSENT CALENDAR AND
DISCUSSED AND ACTED UPON UNDER THE
REGULAR CALENDAR
Agenda item #F-11 entitled, "Establish standard pickup
location for waste cart receptacles" was removed from the
Consent Calendar and discussed and acted upon under the
Regular Calendar.
ACCEPTANCE OF IMPROVEMENTS UNDER ALMOND DRIVE,
CURB, GUTTER AND SIDEWALK, 1100 E/SONGBIRD
PLACE TO 1300' E/SONGBIRD PLACE
CC -90 The City Council accepted the improvements under the
"Almond Drive Curb, Gutter and Sidewalk, 1100' E/Songbird
Place to 1300' E/Songbird Place" contract, and directed the
Public Works Director to file a Notice of Completion with
the County Recorder's office.
The contract was awarded to Claude C. Wood Co. of Lodi on
August 19, 1992 in the amount of $29,808.25. The contract
has been completed in substantial conformance with the
plans and specifications approved by the City Council.
5
Continued November 18, 1992
The contract completion date was November 18, 1992, and the
actual completion date was November 9, 1992. The final
contract price was $29,503.38. The difference between the
contract amount and the final contract price is mainly due
to- minor differences in the contract pay quantities and the
engineer's estimate.
CONTRACT AWARDED FOR UNIFORM SERVICE FOR
PUBLIC WORKS EMPLOYEES
RESOLUTION NO. 92-186
CC -34 The City Council adopted Resolution 92-186 awarding the
CC -300 contract for uniforms for Public Works Street and
Water/Wastewater employees in the amount of $10,295 to
Valley Industrial Services.
The City received bids for rental and cleaning of uniforms
on July 6, 1992 for Public Works. Street and
Water/Wastewater employees and Parks Division employees.
Upon review of the bids, it was determined that due to
budget constraints, uniforms were not feasible until
further consideration of department budgets. No contracts
were awarded and no bids were rejected.
After evaluating the budget situation and safety issues,
staff is now recommending that the City go forward with the
rental agreement for uniforms for the Public Works Street
and Water/Wastewater employees (48 total) and not provide
uniforms for the Parks Division employees at this time.
Three vendors submitted bids, and all have agreed to honor
their initial proposed prices.
Bidder Location Bid
--------------------------------- ---------- ----------
valley Industrial Services Sacramento $10,295.00
Prudential Overall Supply Elk Grove $10,600.80
Mission Uniform and Linen Service Sacramento $11,564.00
SPECIFICATIONS APPROVED FOR REQUESTS FOR
PROPOSALS FOR DIAL -A -RIDE RADIO SYSTEM
CC -50(b) The City Council approved specifications and authorized the
advertisement for Requests for Proposals for a Dial -A -Ride
radio system to include mobile radios and a base station.
The City has been renting a Motorola Communications radio
system for the Dial -A -Ride program since the City took over
the Dial -A -Ride contract on September 10, 1992. The City
is paying approximately $2,000 per month to utilize ten
hand-held portable Motorola radios for the drivers and
6
Continued November 18, 1992
dispatchers. The old radio system and frequency are owned
by the former City Cab Company.
The City will be in the transportation business until at
least such time as a decision is made -.regarding the City's
overall transportation needs. It is much more economically
feasible to purchase a radio system now, which can work off
of the City's trunking system, rather than continue to rent
radios from Motorola. A new radio system can be purchased
and installed for under $10,000.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
REQUEST TO LOOK INTO UNDERGROUNDING OF
POWER POLES ON ALMOND DRIVE
CC -16 Mayor Pro Tempore Pennino asked that staff look into
CC -57 undergrounding three electrical power poles in the area of
Almond Drive and Songbird Place.
PARTING REMARKS AND EXPRESSIONS OF
APPRECIATION MADE BY COUNCIL MEMBER HINCHMAN
i Parting remarks and expressions of appreciation were made
by Council Member Hinchman.
CONCERNS EXPRESSED REGARDING PROPOSED NEW
NCPA PROJECT ON THE NORTH FORK OF THE
STANISLAUS RIVER
Council Member Hinchman commented on the proposed new NCPA
project involving the north fork of the Stanislaus River,
and indicated his concerns regarding the project.
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:
HUTCHINS STREET SQUARE FUND RAISER
Evelyn M. Olson, member of the Old Lodi Union High School
Site Foundation, announced that December 4, 1992 the
Foundation is holding its winter fund raiser for Hutchins
Street Square, Jingle Bell Rock and urged the citizens of
this community to participate.
7
Continued November 18, 1992
QUESTIONS RAISED REGARDING RECENTLY APPROVED
THREE -CART REFUSE COLLECTION SYSTEM AND INCREASED RATES
CC -22(b) Eileen St. Yves, 310 South Orange Avenue #60, Lodi
addressed the City Council asking a number of questions
regarding the recently approved three -cart refuse
collection system and increased rates.
LODI DOWNTOWN BUSINESS ASSOCIATION REQUEST
FUNDS FOR CHRISTMAS DECORATIONS
CC -6 John Borelli, 718 West Pine Street, Lodi speaking on behalf
CC -72 of the Lodi Downtown Business Association addressed the
City Council requesting $2700 to be used toward the
purchase of Christmas decorations in the downtown area.
The request was approved with the funds to be allocated
from the Hotel/Motel Tax Reserve Fund. This appropriation
was included in the adoption of Resolution No. 92-185 which
was adopted at another point on the agenda.
PUBLIC HEARINGS 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 update of the Development Impact
Mitigation fees.
PUBLIC HEARING REGARDING THE UPDATE OF THE
DEVELOPMENT IMPACT MITIGATION FEES
CONTINUED TO FEBRUARY 3, 1993
CC -56 Assistant City Engineer Richard Prima introduced the matter
advising the City Council that the City's Development
Impact Mitigation Fee Program, adopted in 1991, provides
for an annual update of the fees based on the Engineering
News Record (ENR) 20 Cities Construction Cost Index.
Further adjustments can be made if there are substantial
changes in the fee program projects, their costs, or other
factors. The City has used the ENR for updating the storm
drainage impact fee since 1972.
The projects, costs, need for improvements and relationship
between the need and impacts of the various types of
development are substantially the same as contained in the
1991 Lodi Development Impact Fee Study prepared by Nolte
and Associates and Angus McDonald & Associates. Minor
changes in street projects have occurred which offset each
other in terms of costs under the fee program. Costs for
Kettleman Lane (Highway 12) widening are higher due to
widening and traffic signal relocations approved by the
Council in conjunction with the Wal-Mart project. However,
Federal funding for some traffic signals included in the
program will offset these costs.
8
Continued November 18, 1992
a�
The only other potentially substantial change involved the
cost of land acquisition for basins and parks. The Study
calculations used a land value of $100,000 per acre as of
January 1990. The fee calculation process used in
establishing the fees adopted in late 1991 included an
inflation factor which updated this value to roughly 1
$106,000. The City has received appraisals on two basin
sites. Negotiations have not been completed on either
site, but the average appraised value was $105,000 per
acre. Thus, no additional adjustment in the Storm Drainage
or Parks and Recreation fees is recommended because of land
value.
The recommended adjustment to the fees consists of a 3.61ir
increase based on the Engineering News Record 20 Cities
Construction Cost Index. The total increase for
single-family residential development is $1,460 per acre or
roughly $300 per dwelling.
Addressing the City Council regarding the matter were:
1) Rick Scott, Interim Director of BIA;
2) Jeff Kirst, KCF Real Estate, 120 North
Pleasant Avenue, Lodi;
3) Dennis Bennett, Bennett and Compton, Inc.
777 South Ham Lane, Lodi; and
4) Russ Munson, 1530 Edgewood Drive, Lodi.
A lengthy discussion followed with questions being directed
to staff and to those who had given testimony.
On motion of Council Member Hinchman, Sieglock second, the
City Council continued the public hearing to February 3,
1993 to allow staff time to develop information as was
requested by the City Council regarding the matter.
RECESS Mayor Pinkerton declared a five-minute recess and the City
Council meeting reconvened at approximately 9:30 p.m.
PUBLIC HEARING, TO CONSIDER PLANNING COMMISSION'S
RECOMMENDATION THAT THE SITE PLAN AND ARCHITECTURAL
REVIEW COMMITTEE'S AUTHORITY BE EXTENDED TO INCLUDE
NON-RESIDENTIAL NEW CONSTRUCTION AND REMODEL
PROJECT IN M-1 AND M-2 ZONES AND TO EXPAND THE
DEFINITION OF "MATERIAL ALTERATION"
CC -2(1) Notice thereof having been published according to law, an
affidavit of which publication is on file in the City
Clerk's Office, the Mayor called for the Public Hearing to
consider the Planning Commission's recommendation that the
Site Plan and Architectural Review Committee's (SPARC)
9
Continued November 18, 1992
authority be extended to include non-residential new
construction and remodel projects in M-1 and M-2 zones and
to expand the definition of "material alteration".
Community Development Director Schroeder addressed the City
Council advising that the proposed amendments which would
extend the SPARC Committee's authority to include
non-residential new construction and remodel projects in
M-1 and M-2 zones and to expand the definition of "material
alteration" were generated by discussions amongst the
members of the Planning Commission and were viewed as
needed changes to insure the orderly development of
industrial areas. It does not appear that these amendments
will increase the amount of time required to obtain a
building permit for a proposed project in an industrial
zone. The SPARC review can be accomplished, in most cases,
while the construction plans are in plan check.
Addressing the City Council regarding the matter was Larry
Mindt, Chairman of the Lodi Planning Commission.
There being no other persons in the audience wishing to
address" the City Council regarding the matter, the public
portion of the hearing was closed.
Discussion followed with questions ',being directed to Mr.
Mindt.
Also addressing the City Council regarding the matter was
the City Attorney.
Council Member Hinchman moved introduction of Ordinance No.
1561 entitled, "An Ordinance of the City Council of the
City of Lodi Repealing and Reenacting Lodi Municipal Code
Section 17.81.030, and Amending Section 17.81.060 (A)
Relating to Site Plan and Architectural Approvals". The
motion was seconded by Council Member Snider and failed to
pass by the following vote:
Ayes: Council Members - Hinchman and Snider
Noes: Council Members - Pennino, Sieglock and Pinkerton
(Mayor)
Absent: Council Members - None
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
November 9, 1992.
CC -35 The Planning Commission -
a. Recommended that the City Council adopt a Specific Plan for
a Collector Street approximately 500 feet north of
io
Continued November 18, 1992
Kettleman Lane between Lower Sacramento Road and the
Woodbridge Irrigation District Canal.
��
Note: Rather than recommending the adopting of a Specific
Plan the Public Works Department advises that this should
be ". . . adopt a Resolution establishing the alignment of `
a Collector Street....".
On motion of Mayor Pro Tempore Pennino, Hinchman second,
the City Council set the heretofore listed matter for
public hearing on December 16, 1992.
a. Denied the appeal of Hawkins and Horton Ventures on behalf
of Walgreens concerning the Site Plan and Architectural
Committee's denial of a pylon readerboard sign at the
southwest 'corner of West Elm Street and North Ham Lane in
an area zoned C-1, Neighborhood Commercial.
C. Determined that zoning hardships existed and approved the
requests of Phillippi Engineering Inc. on behalf of Lodi
Towne Plaza (i.e. Target Stores) Shopping Center at 901
East State Route 12 (new address 2375 West Kettleman Lane)
for zoning variances to (1) reduce building setbacks that
require 30 -foot setbacks from public streets and 25 -foot
setbacks from interior property lines, (2) to increase the
allowable lot coverage from 25V to 27.5V, and (3) to permit
parking stalls that back onto a public street in an area
zoned C -S, Commercial Shopping Center.
d. Determined that a zoning hardship did not exist and denied
the request of Delta Sign and Crane Service on behalf of
Riley Pearlman to increase the size of a free standing sign
at 2350 west Kettleman Lane (Sunwest Plaza/Walmart) in an
area zoned C -S, Commercial Shopping Center.
In relation to this matter, the staff was instructed to
present alternate amendments to the City's shopping center
identification sign requirements.
e. Denied the request of Delta Signs and Crane Service on
behalf of Riley Pearlman (Sunwest Plaza/Walmart) for a Use
Permit for a second shopping center identification sign at
2350 West Kettleman Lane in an area zoned C -S, Commercial
Shopping Center, and waived the one-year restriction on
raan?1-�i-_.y for Y_:ns: use permit.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On recommendation of the City Attorney and Insurance
Consulting Associates, Inc. (ICA), on motion of Council
Member Hinchman, Sieglock second, the City Council denied
the following claim:
11
Continued November 18, 1992
a) Alice B. Jolly, Date of lose 9/26/92
ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk Reimche presented an application for Alcoholic
Beverage Control License which had been received for Quik
Stop Markets, Inc. and Tony Plattelu, Quik Stop Market
4153, 1721 - 1 South Cherokee Lane, Lodi, Off Sale Beer and
Wine, Person to Person Transfer.
TERMS EXPIRING ON VARIOUS CITY OF
LODI BOARDS AND COMMISSIONS
CC -2(f) On motion of Council Member Hinchman, Sieglock second, the
CC -2(h) City Council directed the City Clerk to post for the
CC -2(i) following terms which are expiring and various City of Lodi
CC -2(1) Boards and Commissions:
Lodi Senior Citizens Commission
Eleanor Todd four-year term expiring December 31,
1992
John Gorman four-year term expiring December 31,
1992
Personnel Board of Review
Peter Hetzner four-year term expiring January 17,
1993
Parks and Recreation Commission
Elvera Melby four-year term expiring December 31,
1992
Stephen Scott four-year term expiring December 31,
1992
Site Plan and Architectural Review Committee
Donald P. Kundert four-year term expiring January 1, 1993
REFUSE RATES
CC -22(b) The subject of refuse rates was introduced by City Manager
Peterson who reminded the City Council that at its meeting
of November 4, 1992, it considered the adoption of
Ordinance No. 1562 (establishing industrial rates),
Ordinance No. 1512 (establishing industrial refuse
collection as a service which must be provided by the
City's contract waste hauler) and Ordinance No. 1513
12
Continued November 18, 1992
(amending the City's franchise for waste disposal services
to include industrial waste).
Council examined many issues relative to these ordinances.
Of primary concern was that while many industrial customers
would see rates fall, many others would see their rates 1
escalate. Kevin Van Steenberge of Lodi Iron Works, Inc.
expressed concern with substantially higher waste
collection rates facing his firm. The rate structure
schedule proposed on November 4, 1992 included a $25.00/ton
processing charge. In part, this reflects the new practice
at the county landfill of charging tipping fees based on
weight, rather than volume. Lodi industries which generate
large tonnages of waste would therefore face higher rates.
After reviewing these issues, Council directed Dave
Vaccarezza, President, California Waste Removal Systems
(CWRS), to contact all industrial customers in Lodi and
inform them of the impact of the proposed ordinances and
request their attendance at the next Council meeting.
After meeting with industrial representatives, CWRS has
requested a significant change. CWRS no longer desires a
franchise for the collection of industrial waste. Given
this, Ordinances 1512, 1513, 1562 may be tabled by Council
with no further consideration.
Discussions with Mr. Vaccarezza and input from the last
public hearing has led staff to believe it would be in the
best interest of all parties if the market were allowed to
set the rate for collection and disposal of industrial
waste and provide industrial customers with the right to
choose the carrier that serves them best.
The City has a large stake in this decision in that the
City must have control of the flow of all solid waste so we
can meet AB 939 mandates. In fairness to all haulers there
should be some uniformity in their relations with the
City. So all haulers are treated fairly, the City knows
who the haulers are, and receives funds for allowing people
to do business in the City, and has control over the flow
of waste so AB 939 mandates are met, the following
recommendations are made and will be included in an
ordinance to be introduced on December 16, 1992:
a) All collectors of industrial solid waste
must have a business license.
b) All collectors of industrial solid waste
must pay a franchise fee equal to 4$ of the
cost of collection and disposal.
13
✓ Continued November IS, 1992
c) All solid waste collected in the City of
Lodi must go through a State licensed
Material Recovery Facility.
So- that there is standardization of charges for collection
and disposal of commercial solid waste collected in
roll -off boxes or collection that is out of the normal
course of events, Council is asked to conduct a public
hearing to consider adopting standardized rates for this
service. Roughly 15 commercial customers in Lodi will be
affected by these rates. This will be presented as a
separate item.
Discussion followed with questions regarding the subject
being directed to staff.
On motion of Council Member Sieglock, Pennino second, the
City Council laid on the table the following ordinances:
1. Ordinance No. 1562 entitled, "An Uncodified
Urgency Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 13.16
Relating to Industrial Waste Collection
Monthly Rates";
2. Ordinance No. 1512 entitled, "An Ordinance
of the Lodi City Council Amending Lodi
Municipal Code Chapter 13.16 - Solid Waste -
To Provide for the Addition of Industrial
Refuse Service"; and
3. Ordinance No. 1513 entitled, "An Ordinance
of the Lodi City Council Amending the City's
Exclusive Franchise for Waste Disposal
Service to include Industrial Waste".
Further, on motion of Council Member Sieglock, Hinchman
second, the City Council set the following public hearings
regarding the matter for December 16, 1992:
1. Public hearing to consider adopting an
urgency ordinance amending commercial rates
relating to 50 cubic yard roll -off boxes; and
2. Public hearing to consider introduction of
an ordinance for regulating all industrial
waste haulers.
APPOINTMENTS TO CITIZENS ADVISORY BOARD
TO REVIEW APPLICATIONS FOR RESIDENTIAL
REFUSE SERVICE/FEE ADJUSTMENTS
CC -2(r) On motion of Council rlember Hinchman, Snider second, the
City Council concurred with the appointments by the Mayor
14
Continued November 18, 1992
of Trella Arieda and Richard Warner to the Citizens'
Advisory Board for the purpose of reviewing applications
for residential refuse service/fees exemptions.
STANDARD PICKUP LOCATION FOR WASTE CART
RECEPTACLES ESTABLISHED
CC -22(b) Assistant City Engineer Richard Prima advised the City
Council that the Public Works Department met with Lodi
Sanitary City Disposal Company and agreed upon the pickup
locations for their new waste receptacles.
The operating procedures for this three -cart system that
had to be considered in picking a location are as follows:
1. The 38 -gallon trash container
(nonrecyclables) will be picked up weekly.
In most locations, this pickup will be fully
automated using a truck with an extendable
arm that can reach out 96 inches.
2. The 60 -gallon recycling container will be
picked up every other week. This container
will be manually moved to the truck for
dumping.
3. The 90 -gallon yard and garden container will
be picked up every other week alternating
with the recycling container. This
container will be manually moved to the
truck for dumping.
4. Therefore, each week there will be two
containers to be picked up, either the trash
and recycling or the trash and yard -garden.
5. There must be a clear space of at least two
to three feet around the refuse container to
provide room for operation of the automatic
arm.
In determining the proper pickup location, the City had the
following two major concerns:
1. That we did not block the sidewalk; and
2. That if the street was used that there was
no conflict with our sweeping schedule.
The following four general locations were evaluated:
1. Immediately behind the back of sidewalk;
2. On the sidewalk at the back of sidewalk;
15
Continued November 18, 1992
3. In the street near the flow line of the
curb; and
4. On the sidewalk at face of curb
The locations near the back of sidewalk were eliminated due
to the liability of the extendable arm going out and
crossing the sidewalk and the fact that, if there was a
parked car near the cart location, the container may not be
reached because of the 96 -inch limitation on the arm.
Putting the pickup location in the street was eliminated
because we could not coordinate the street sweeping
schedule with the weekly pickup schedule. Our street
sweeping schedule during non -leaf season is every twelve
working days and during leaf season every ten working
days. The other problem with the street location that we
witnessed in other communities was that the carts are not
always removed from the street on the day of pickup. This
would increase the conflicts with street sweeping.
It was determined that the best location is in the existing
driveway section at the face of the curb. This location
provides for easy placement by the property owner and
provides the pedestrian with the driveway area to walk
around the cart which will be blocking a portion of the
sidewalk. Where a parkway (lawn area between curb, gutter
and sidewalk) exists, it is recommended the cart be placed
at the curb in the parkway outside -of the driveway limits.
Most parkway areas exist in the older part of town and have
a substandard width driveway. For this reason, staff
recommended carts be placed outside the driveway limits.
It should be noted that these standard locations will be
used as guidelines and there will be specific exceptions to
these standards which will need to be worked out on an
individual basis between the property owner and Sanitary
City.
Exhibit 1 presented for Council's review indicated cart
locations for the following four situations:
Case 1 - Vertical curb
Case 2 - Vertical curb with parkway
Case 3 - Joint driveways
Case 4 - Roll -type curb
Exhibit 2 presented for Council's review showed pictures of
the carts under each of the four cases above.
A lengthy discussion followed with questions being directed
to staff.
on motion of Council Member Snider, Pennino second, the
City Council standardized the pickup location for Sanitary
16
Continued November 18, 1992
City's new three -cart system as proposed by staff and
stressed the need for built-in flexibility in the pickup
program.
BUILDING PERMIT ALLOCATION SCHEDULE FOR 1992 APPROVED
CC -14(g) Community Development Director Schroeder introduced the
CC -33 subject advising that at a Special Session on Monday,
October 19, 1992 the Planning Commission recommended that
the City Council adopt the 1992 Building Permit Allocation
Schedule. These allocations recommended only single-family
(i.e. low density) because no requests were received for
medium or high density allocations. The Growth Management
System carries the unallocated units forward to future
years.
Since the City received requests for more allocations than
were permitted (i.e. 462 requests and 259 allocations) the
following should be noted.
1. The units requested in Century Meadows I are
in Phase II of development.
2. Richards Ranch is not in the City and is not
adjacent to a City limits line.
3. The Planning Commission's recommendation is
based strictly on the point system. Century
Meadows II and III received no allocation
because the 259 units were gone before these
projects were reached. However, they will
be eligible in 1993 because Johnson Ranch II
and Morimoto-Neuharth are completely
allocated which accounts for 90 additional
units.
Listed on the following page is the Development Plan
Scoring Summary which was approved by the Planning
Commission:
17
Continued November 18, 1992
et et o0 00 h M M O O
00 00 M 00
N N N N N N N •-�
E.
(�nulxoid) uonsalold a113 �n 0 0 0 +C,4n Olw uzxosd) sloogaSN N N N N
uSlsaQ yaafoid Pue weld auS s 0 0 0 0 O o 0 o O
x
(";IIIgePloB�') ulsnoH 0 0 0 0 0 0 0 0 0
(sluauianwduij laanS) a!UMZ • � ... O. 0 0 00 0 0 o cr)
uad) aaEdS uadp;o uonowosd *K o 0 o 0 0 0 0 0 0
W
saaluaS oltgnd of Igsuonelag Q o 0 0 'tt o v et o et
saal uaS ol[gnd °1 dlRsuopeja-d M 00 0 00 00 0 od o0 0 00
l^IaS o!lgnd oi dn{suogela�l eV 00 O o 0 00 O o o O
IatiaQ utl5txg Ol tgSUO�EIag .-r O v M O M M O M
A
ud A]uoud) uoneao-1 lMau00 0 0 0 0 0 0 0 0 0
V N N N N N N N N
I NI PURI ImTqIy aus-up t� o o +n t� 0 0 0 0
q
S70i1)it03 Pue'I ITUII1JuatJ (z M M O �
d
U
ti
z
Ag
3
j
113
N
U
O
O
Nt
O
z
U
U
N
C/)
z
U
M
G7
O
z
W
U
Continued November 18, 1992
Following discussion with questions being directed to
staff, the City Council on motion of Council Member Snider,
Hinchman second, approved the Building Permit Allocation
Schedule for 1992 as recommended by the Lodi Planning
Commission.
AGREEMENT BETWEEN CITY AND OWNERS OF PROPERTY
SOUTH OF HARVEY LANE WHICH WOULD INDEMNIFY THE
CITY AGAINST LOSSES INCURRED IN DEFENDING
COUNCIL'S DECISION TO ALLOW OVERSIZE SEWER
LINE APPROVED
CC -44 City Attorney McNatt advised the City Council that this
CC -51 matter involves the offer by owners of property south of
CC -90 Harney Lane to pay for oversizing of a sewer line which
could ultimately serve their properties. An 8" sewer line
is presently proposed for installation in conjunction with
the Century. Meadows project. The property owners have
proposed increasing the line to 24" in order to provide
capacity for their property when it develops at some future
date.
At the" October 21, 1992 meeting, the City Council directed
staff to bring back an agreement between -the property
owners and the City to accomplish this, and to prepare
appropriate environmental clearances. The negative
declaration will be coming back to the Council for possible
certification at the -December 16, 1992 meeting.
The subject agreement reflects the previous discussions and
agreements between the parties. Under this document, the
property owners agree to do the following:
1. Pay directly to the Century Meadows
developers all costs of oversizing the line;
2. Pay all costs to the City for engineering
and other applicable fees for the oversizing
project;
3. Pay all costs of oversizing the lift
station, force main and collector lines at
the time of construction, including any
necessary redesign costs;
4. Defend and indemnify the City from any legal
challenge to the oversizing project;
5. Dedicate all necessary easements for Harney
Lane widening from Mills Avenue to the
Southern Pacific Railroad right-of-way; and
6. Dedicate the lift station site and
associated easements.
19
Continued November 18, 1992
In consideration, the City will consent to the size
increase, and further agrees to consider a request at some
future date for reimbursement of a portion of the cost.
However, the City does not obligate itself by this
agreement to approve such request.
1
The legal description for the easements and the lift
station site are now being prepared and will, if Council
approves, be attached to the executed agreement.
The City Attorney then recited proposed amended language
that he proposes be included in the subject agreement
Following discussion, on motion of Mayor Pinkerton,
Pennino second, the City Council approved the agreement
between City and owners of property south of Harney Lane
with amended language as outlined by the City Attorney
which would indemnify the City against losses incurred in
defending Council's decision to allow oversize sewer line.
REQUEST FOR DEVELOPMENT IMPACT MITIGATION
FEE WAIVER OR ADJUSTMENT AT 225 NORTH
GUILD AVENUE, LODI (APN 049'=040-61) GRANTED
CC -16 City Attorney McNatt reminded the City Council that at the
CC -56 meeting of October 21, 1992, the City Council was asked by
Civil Engineer Cecil Dillon to consider an adjustment or
waiver of Development Impact Mitigation fees on the Teresi
property, a five -acre parcel at the southwest corner of
Victor Road (Highway 12) and Guild Avenue. Specifically,
Mr. Dillon felt it was equitable to apply the fees in place
prior to adoption of Ordinance 1526 because the City had
prior to that time approved the deferral of the storm drain
fees on the parcel by letter of October 25, 1990.
As the Council will recall, at the time Ordinance 1518 was
adopted, there was a lengthy discussion of how vacant
parcels with frontage improvements already in were to be
treated. It was decided that there might be some
circumstances in which exemptions 'were appropriate, and
these situations should be considered per Lodi Municipal
Code Section 15.64.110 et seq. The major considerations
discussed at that time were regarding "projects in
progress" in which substantial investment and approvals had
been made, and that no further approvals except a building
permit were required. Council then modified Ordinance 1518
with Ordinance 1526 providing exemptions for "projects in
progress".
If the City Council wishes to grant the request, it is
necessary under LMC Section 15.64.130 to prepare written
findings, identifying the basis upon which the request is
made and the circumstances justifying the granting of the
20
Continued November 18, 1992
exemption. Should the Council wish to grant the request,
the following language may be used:
"The City Council hereby finds and declares
that it is appropriate to impose upon the
subject parcel only those fees in place
prior to adoption of Ordinance 1518 because:
1. At the time of adoption of Ordinance
1526, the subject parcel met the
requirements of Section
15.64.110(E)(2);
2. The letter from Assistant City Engineer
Richard Prima to Dillon Engineering
dated October 25, 1990, granting a
deferral of storm drainage fees until
building permits were issued, implies a
preexisting waiver of the additional
fees imposed by Ordinance 1518; and
3. In order to meet the conditions for
exemption found in Lodi Municipal Code
Section 15.64.110(5)(1), the owner of
the parcel shall, within thirty days
from the date of this approval, pay all
fees which would have been due prior to
adoption of Ordinance 1518."
To the best of staff's knowledge, only one other parcel
meets these exact circumstances. That parcel is APN
049-040-57, 1371 East Pine Street, which was split as part
of the Teresi project on the west side of Guild Avenue.
Note that the October 25, 1990 letter was copied to Mr. Ted
Molfino, the property owner and joint developer of this
project with Mr. Teresi. If Council wishes to approve this
request, it should apply to that parcel as well.
Following discussion, on motion of Mayor Pro Tempore
Pennino, Pinkerton second, the City Council approved
Development Impact Mitigation Fee waiver for parcel located
at 225 North Guild Avenue (APN 049-040-61) and Parcel
located at 1371 East Pine Street (APN 049-040-57), with
findings.
TRUCK PARKING ON RESIDENTIAL STREETS
CC -45(i) Staff presented the following report regarding truck
parking on residential streets:
At the October 21, 1992 meeting, City Council received a
written complaint from a citizen regarding truck and
trailer parking on City streets at night and on weekends.
The concerns expressed in this letter are as follows:
21
Continued November 18, 1992
Truck parking should be allowed only while deliveries are
being made
Streets are too narrow to allow truck parking
Eliminate truck parking on residential streets
- Need for weight limits on all noncommercial streets _
- Local trucking companies should provide private parking
facilities
" Aesthetics
Locations specifically indicated in the letter as areas
where truck parking is occurring are Keagle Way, Mills
Avenue at Tokay Street and Turner Road at Woodhaven Lane.
The City's existing truck parking ordinance is designed to
prohibit truck parking in residentially zoned areas except
while in the process of being loaded or unloaded. Of the
three areas indicated by the complainant, truck parking is
legal only at the nonresidential areas adjacent to the
intersection of Turner Road and Woodhaven Lane. Truck
parking on Keagle way and on Mills Avenue at Tokay Street
is illegal under our existing ordinance.
The Public works Department is currently in the process of
reviewing the City's truck parking ordinance. We are
working with the Chamber of Commerce to hold more informal
meetings before the matter is brought back to the Council.
With Council's approval, staff would like to address the
concerns listed in this memo when the entire problem is
reviewed early next year.
On motion of Council Member Sieglock, Hinchman second, the
City Council deferred action on the matter at this time.
REQUEST TO TRANSFER $12,000 FROM THE
LODI LAKE PARK SPECIAL REVENUE ACCOUNT (122)
TO THE -CAPITAL IMPROVEMENT FUND (121) TO
ADDRESS THE RE -CONTOURING OF LODI LAKE
AND TO LOCATE AN ACCESS POINT TO THE WEST
13 ACRES OF LODI LAKE PARK
CC -27(c) The City Council was advised that for the past ten years,
we have experienced a gradual and steady silting buildup of
our lake bottom at Lodi Lake Park resulting in the
following conditions:
1. Lake has become extremely shallow;
2. Due to shallow water, we have seen an
increase in the growth of noxious aquatic
grasses and weeds;
3. Because of the shallow and warm water, the
water quality has diminished.
22
Continued November 18, 1992
To address the situation, it is staff's opinion that we
must re -contour and deepen Lodi Lake if we are to maintain
this body of water as a recreation facility. Meetings have
been held on this subject with the City Manager, Public
Works Director, Community Development Director and Parks
and Recreation staff attending. They all agree that
something must be done and it is imperative that we move as
quickly as possible. Therefore, the transfer of the
$12,000 would allow us to expend $10,000 for an engineering
study to address the deepening and re -contouring of Lodi
Lake and $2,000 would begin to address the access to our
undeveloped 13 -acre parcel on the west side of Lodi Lake.
The consensus of City staff was the $2,000 would be enough
to acquire the land needed to provide access to this area.
On motion of Council Member Sieglock, Hinchman second, the
City Council approved the transfer of $12,000 from the Lodi
Lake Park Special Revenue Account (122) to the Capital
Improvement Fund (121); to address the re -contouring of
Lodi Lake and to locate an access point to the west 13
acres of Lodi Lake Park.
1992/93 OPERATING BUDGET (LIBRARY) ADOPTED
RESOLUTION NO. 92-185
CC -21(b) The City Council was advised that at its regular meeting of
CC -29 Wednesday, November 4, 1992 the City Council adopted the
CC -300 final 1992-93 Operating Budget as amended by expenditure
reduction, with the exception of the Library. City staff
requested additional time to present an alternate revenue
reduction formula for the Library to ease the impact on
that department. This revised amount was reviewed with the
City Council and the President of the Library Board of
Trustees at the "Shirtsleeve" meeting of Tuesday, November
10, 1992.
On motion of Council Member Snider, Sieglock second, the
City Council adopted Resolution No.' 92-185 adopting the
final phase of the 1992-93 Operating Budget providing for a
reduction in the Library revenues of $21,500 and including
funding in the amount of $2700 for the Lodi Downtown
Business Association for Christmas decorations in the
downtown area.
ORDINANCES There were no ordinances listed on the agenda for adoption.
ADJOURNMENT There being no further business to come before the
City Council, Mayor Pinkerton adjourned the meeting at
approximately 10:50 p.m.
ATTEST:
�1� Ill � !
Alice M. Reim he, City Clerk
23