HomeMy WebLinkAboutMinutes - April 17, 1991CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 17, 1991
7:30 P.M.
ROLL CALL Present: Council Members - Pennino, Pinkerton,
Sieglock, Snider (arrived 7:40 p.m.), and
Hinchman (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Public Works Director Ronsko,
City Attorney McNatt, and City Clerk Reimche
INVOCATION The invocation was given by Pastor Vernon Janzen, Vinewood
Community Church.
PLEDGE OF The Pledge of Allegiance was led by Mayor Hinchman.
ALLEGIANCE
PRESENTATIONS
PRESENTATION BY FRIENDS
OF THE LIBRARY
Friends of the Library Program Chairman Robin Knowlton made
a symbolic presentation of a sound system for the library
to Library Board of Trustees Chairman C. M. Sullivan.
RESOLUTION DECLARING "DESIGNATED
DRIVER WEEK" PRESENTED
On motion of Council Member Snider, Sieglock second, the
City Council adopted a resolution recognizing "Designated
Driver Week". The resolution was then presented to Lodi
Police Officer Ernie Nies.
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Pennino,
Sieglock second, approved the following items hereinafter
set forth.
CLAIMS CC -21(a) Claims were approved in the amount of $1,760,081.50.
MINUTES No minutes were presented for City Council approval.
1
Continued April 17, 1991 Jam'
PLANS AND SPECIFICATIONS
FOR HUTCHINS STREET IMPROVEMENTS,
PINE STREET TO LOCKEFORD STREET
APPROVED
CC -12.1(c) The City Council approved the plans and specifications for
Hutchins Street improvements, Pine Street to Lockeford
Street, and authorized advertising for bids.
This project will install a 30" storm drain pipe in
Hutchins Street from Pine Street to Elm Street, place a
pavement reinforcing fabric and an asphalt concrete overlay
on Hutchins Street from Pine Street to Lockeford Street,
install six wheelchair ramps, and other miscellaneous and
related works. The storm drain installation and the paving
operation for this project will require that Hutchins
Street be closed from Pine Street to Lockeford Street.
CONTRACT CHANGE ORDER -
WHITE SLOUGH WATER POLLUTION
CONTROL FACILITY CAPACITY
EXPANSION IMPROVEMENTS,
12751 NORTH THORNTON ROAD
CC -90 This information was given to the City Council in
accordance with the Contract Change Order policy approved
by Resolution No. 85-72. One of the requirements of this
policy is that we inform the City Council of all change
orders over $25,000.
Contract change order No. 3, approved by the City Manager,
was in the amount of $176,296, which is 1.84% of the
contract. The work includes the removal and replacement of
the heating, ventilating, and air conditioning system and
other required modifications to the administrative
building. The time of completion was not affected by this
change order.
A recap of change orders to date is as follows:
Number of
Major Items Amount of Total
Included Change Order
Change Order No. 1 6 (6,530)
Change Order No. 2 4 17,244
Change Order No. 3 2 178,296
Total Contract Change Orders $189,010
The original contract amount was $9,681,218. The contract
amount including change orders is $9,870,228.
F
88 Continued April 17, 1991
PURCHASE OF ANIMAL CONTROL
TRUCK CAB AND CHASSIS
RESOLUTION NO. 91-70
CC -12(d) The City Council adopted Resolution No. 91-70 approving the
CC -300 purchase of an animal control truck cab and chassis for the
Police Department from Hayward Dodge, Hayward, California,
in the amount of $16,872.79.
Funds to purchase an animal control truck cab and chassis
for the Police Department were approved through a special
allocation dated March 4, 1991 and specifications were
approved by the City Council on March 20, 1991. Bids were
opened on April 3, 1991 and one bid was received.
Name of Bidder Total Bid
Hayward Dodge, Hayward $16,872.79
ACCEPTANCE OF IMPROVEMENTS IN
SUNWEST UNIT NO. 9 BOUNDED BY LOWER
SACRAMENTO ROAD ON THE WEST, ST. MORITZ
DRIVE ON THE NORTH, INTERLAKEN DRIVE ON
THE EAST, AND THE CITY LIMITS ON THE SOUTH
RESOLUTION NO. 91-71
CC -46 The City Council adopted Resolution No. 91-71 accepting the
CC -300 subdivision improvements included in Sunwest Unit No. 9, as
filed on September 26, 1989, in Volume 30, Page 5, Book of
Maps and Plats, San Joaquin County Records.
Improvements in Sunwest Unit No. 9 have been completed in
substantial conformance with the requirements of the
Subdivision Agreement between the City of Lodi and Chris R.
Keszler, LaVeta Keszler, Gary Keszler, Marlene Keszler,
A. Fred Baker, G. Camy Bader, John Graves, and Tena Graves,
dated September 6, 1989, and as specifically set forth in
the plans and specifications approved by the City Council.
The streets to be accepted are as follows:
STREETS LENGTH IN MILES
Brittany Court 0.08
TOTAL NEW MILES OF CITY STREETS 0.08
3
Continued April 17, 1991
ACCEPTANCE OF IMPROVEMENTS IN
SUNWEST UNIT NO. 10, BOUNDED BY
LOWER SACRAMENTO ROAD ON THE WEST,
ST. MORITZ DRIVE ON THE SOUTH,
INTERLAKEN DRIVE ON THE EAST, AND
UNDEVELOPED LAND ON THE NORTH
RESOLUTION NO. 91-72
CC -46 The City Council adopted Resolution No. 91-72 accepting the
CC -300 subdivision improvements included in Sunwest Unit No. 10,
as filed on September 26, 1989, in Volume 30, Page 6, Book
of Maps and Plats, San Joaquin County Records.
Improvements in Sunwest Unit No. 10 have been completed in
substantial conformance with the requirements of the
Subdivision Agreement between the City of Lodi and Chris R.
Keszler, LaVeta Keszler, A. Fred Baker, G. Camy Bader, John
Graves, Tena Graves, Gary Keszler, and Marlene Keszler,
dated September 14, 1989, and as specifically set forth in
the plans and specifications approved by the City Council.
The streets to be accepted are as follows:
STREETS LENGTH IN MILES
Grenoble Court 0.09
Interlaken Drive 0.00
TOTAL NEW MILES OF CITY STREETS 0.09
PUBLIC HEARING SET TO CONSIDER
AN AMENDMENT TO THE REFUSE FRANCHISE
AGREEMENT TO PROVIDE FOR ADDITION OF
INDUSTRIAL REFUSE SERVICE
CC -22(b) The City Council set a public hearing for May 1, 1991 to
CC -90 discuss an amendment to the Refuse Franchise Agreement to
provide for the addition of industrial customers.
CLOSED SESSION
On Wednesday, February 20, 1991, City Council considered
the introduction of an ordinance to amend Chapter 13.16 -
Solid Waste - of the City Code. This ordinance was tabled
pending further review and recommendation on the matter by
the City of Lodi Solid Waste Management Task Force.
The Task Force, at its regular meeting of Monday, March 25,
1991, voted to recommend that City Council approve the
proposed amendment.
At approximately 7:43 p.m., the City Council adjourned to
Closed Session regarding:
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u
90
Continued April 17, 1991
CC -200(d) Litigation - Celiz/Lovell v. City of Lodi (Celiz v.
Titcomb, Griffen, City of Lodi Superior Court Case No.
227183; and Lovell v. Celiz, Titcomb, Giffen and City of
Lodi Superior Court Case No. 227151
At approximately 8:03 p.m., the City Council reconvened in
Regular Session. No formal action was taken by the City
Council on the matter.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
CONCERNS EXPRESSED REGARDING
THE INTERSECTION OF CHEROKEE
LANE AND HALE ROAD
CC -16 Council Member Sieglock expressed his concern regarding the
CC -48(a) intersection of Cherokee Lane and Hale Road and asked that
the City look into what could be done to mitigate this
situation and suggested the installation of signals with
crosswalk buttons.
COMMENTS REGARDING LODI
BOYS' AND GIRLS' CLUB
Council Member Sieglock applauded the Lodi Board of
Realtors for their recent, very generous donation to the
Lodi Boys' and Girls' Club and announced that on May 13,
1991, the First Lady of the State, Mrs. Pete Wilson, will
be in Lodi for a breakfast being held at Hutchins Street
Square which will be a kickoff for a capital campaign
fund-raising effort for the Lodi Boys' and Girl's Club.
COUNCIL MEMBER SIEGLOCK WISHED
HIS WIFE HAPPY BIRTHDAY
Council Member Sieglock wished his wife Happy Birthday.
CONCERNS EXPRESSED REGARDING
EARTH DAY PROPONENTS
Mayor Pro Tempore Pinkerton urged Earth Day proponents to
use moderation and common sense in their efforts.
LODI LIFE MISSION PROJECT
UPDATE REQUESTED
CC -126 Council Member Snider asked that the City Council be given
CC -55 an update on the progress of the Lodi Life Mission.
Continued April 17, 1991
COMPLAINTS RECEIVED REGARDING
DISTRIBUTION OF "JUNK" MERCHANDISERS
CC -16 Following an inquiry by Mayor Hinchman regarding the
distribution of "junk" merchandisers, citizens were urged
to call the City Manager's office if they are encountering
problems of this kind.
CANCER SOCIETY'S DAFFODIL
DAYS A SUCCESS
Mayor Hinchman applauded this community for its
participation in the Cancer Society's Daffodil Days
indicating that $5,800 had been raised in this effort.
STAFF REQUESTED TO CHECK WITH
LAS VEGAS REGARDING ITS TRAFFIC
CONTROLS IN SCHOOL ZONES
CC -16 Mayor Hinchman asked staff to check with the City of Las
CC -48(a) Vegas as to what traffic controls had been put in place to
slow traffic in school zones to 15 miles per hour.
ATTENDANCE AT CLEMENTS
STAMPEDE URGED
Mayor Hinchman urged the citizens of this community to
attend the Clements Stampede.
PUBLIC TRANSPORTATION
CC -50(b) Mayor Hinchman referred to a recent newspaper article which
appeared in the Lodi News Sentinel regarding expanded
public transportation in this area and cautioned that the
Stockton Metropolitan Transit (SMART) District provider is
asking for an expanded share of tax monies being collected
to provide such service.
UPDATE ON TURNER ROAD TRAFFIC
CONTROLS IN AREA OF LODI LAKE
REQUESTED
CC -16 Following an inquiry by Council Member Pennino, staff gave
CC -48(a) an update on what has been done on Turner Road in the area
of the entrance/exit to Lodi Lake Park.
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:
P
92 Continued April 17, 1991
7
ANNUAL SPRING CLEAN UP
WEEK ANNOUNCED
Annette Murdoca, California Waste Removal Systems,
announced that the Annual Spring Clean Up Week will be held
May 6 - 10, 1991 this year and that Saturday, May 4, 1991
will be Dollar Dump Day at the transfer station.
CONCERNS EXPRESSED REGARDING
CHEROKEE LANE AND HALE ROAD
INTERSECTION
CC -16 Marla Donavan, 827 Lloyd Street, Lodi addressed the City
CC -48(a) Council expressing her concerns regarding the intersection
of Cherokee Lane and Hale Road and asked that a crossing
signal be installed.
LODI LAKE CLEAN UP DAY
ANNOUNCED
Mr. Scott Essin, Parks Superintendent announced that
Sunday, April 21, 1991 will be Lodi Lake Cleanup Day (9:00
a.m to noon) and urged community participation.
PUBLIC HEARINGS Notice thereof having been published and posted according
to law, an affidavit of which publication and posting is on
file in the office of the City Clerk, Mayor Hinchman called
for the Public Hearing regarding weed abatement proceedings
involving various parcels within the City of Lodi to allow
property owners having objections to the proposed removal
of weeds to be heard and given due consideration.
PUBLIC HEARING REGARDING WEED
ABATEMENT PROCEEDINGS INVOLVING
VARIOUS PARCELS WITHIN THE CITY OF LODI
RESOLUTION NO. 91-74
CC -24(b) The City Council was reminded that at the City Council
CC -300 meeting of February 20, 1991 the Lodi City Council adopted
Resolution No. 91-30 - Resolution Declaring Weeds a Public
Nuisance and Initiating Abatement Proceedings - Various
Parcels, Lodi, California. Pursuant to State of California
Government Code Section 29500 et seq., a Notice to Destroy
Weeds and Remove Rubbish, Refuse, and Dirt, was published,
mailed under Declaration of Mailing to each of the involved
property owners, and posted on the subject properties as
determined by the City Attorney and the Fire Inspector.
The purpose of this public hearing is for all property
owners having any objections to the proposed abatement to
be heard and given due consideration.
We have been advised by the Fire Department that since the
adopting of Resolution No. 91-30 several property owners
Continued April 17, 1991
have abated the weeds on their property. A list of the
parcels that are not in compliance following a final
inspection by the Fire Inspector prior to the City Council
meeting was presented for City Council review.
Following the public hearing and receipt of public
testimony regarding the matter, it would be in order for
the Council to adopt a Resolution Overruling Objections and
Proceeding with Abatement.
There being no persons in the audience wishing to address
the City Council regarding the matter, the public portion
of the hearing was closed.
On motion of Council Member Snider, Sieglock second, the
City Council adopted Resolution No. 91-74 entitled,
"Resolution Overruling Objections and Proceeding with
Abatement".
PUBLIC HEARING REGARDING APPEAL
OF J. J. S. WAREHOUSE TO THE NOTICE
w OF FIRE HAZARD AND ORDER TO ABATE
ISSUED BY THE LODI FIRE DEPARTMENT ON
SEPTEMBER 28, 1990 CONTINUED
CC -24(a) Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
the City Clerk, the Mayor called for the continued public
hearing to consider the appeal of J. J. S. Warehouse to the
Notice of Fire Hazard and Order to Abate issued by the Lodi
Fire Department on September 28, 1990.
The City Council was advised that this appeal was to be
heard at the regular City Council meeting of December 19,
1991. It was continued until March 20, 1991 and again
until April 17, 1991. Mr. Anton Sitter, his attorney Herb
Horstmann and the Fire Department have met on several
occasions and have corresponded by mail in an attempt to
resolve the issues regarding J.J.S. Warehouses storage of
flammable and combustible liquids. Fire Chief Hughes met
with Mr. Sitter on April 9, 1991 in a final attempt to
identify ways in which J.J.S. Warehouse can comply with the
Uniform Fire Code. Mr. Sitter asked that Chief Hughes
provide a letter clearly outlining the requirements so that
he (Sitter) can decide whether to proceed with his appeal
or to drop it. Mr. Sitter also asked that the Public
Hearing be continued from this agenda for placement on a
future agenda. Since Fire Marshal Raddigan will not be
available on an agenda night until May 15, 1991, staff
requested that the Public Hearing be continued until that
time.
1.1
9
1 Continued April 17, 1991
On motion of Mayor Hinchman, Snider second, the City
Council continued the subject public hearing to May 15,
1991.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
April 18, 1991.
CC -35
ITEMS OF INTEREST
The Planning Commission:
a. Approved one year extension of Randall Heinitz' Tentative
Parcel Map to create three lots from two lots at 60 and 70
North Lower Sacramento Road in an area zoned R-1,
Single -Family Residential.
b. Conditionally approved the request of Wennell Mattheis Bowe
Inc. on behalf of Twin Arbors Athletics Club for a Use
Permit to expand and remodel an existing sports club at
2040 Cochran Road in an area zoned R-1, Single -Family
Residential. The plans have been extensively redesigned at
the request of the neighborhood residents.
C. Continued consideration of the following items until 7:30
p.m., Monday, April 22, 1991 at the request of the
applicants:
1. Request of Terry Piazza, Baumbach & Piazza
Consulting Engineers on behalf of Daryl
Geweke for approval of a parcel map to
create two lots from one lot at 1150 South
Beckman Road in an area zoned M-1, Light
Industrial.
2. Request of Dan White for a variance to
reduce the sideyard setback requirement from
five feet to three feet to permit
construction of a two-story addition at 1621
Holly Drive in an area zoned R-2,
Single -Family Residential.
d. Continued consideration of the following item until 7:30
p.m., Monday, May 6, 1991 at the request of the applicant:
Request of City of Lodi electric Utility
Department for a temporary office trailer at
the Municipal Service Center (MSC), 1331
South Ham Lane in an area zoned Public.
e. Approved for a one-year period the request of Fred Muther
to install a ship -to -shore container to be used for storage
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Continued April 17, 1991
at 208 E. Pine Street in an area zoned C-2, General
Commercial.
f. Set the following request of Tim Mattheis, Wenell Mattheis
Bowe Inc. on behalf of Bob Spiekerman and Carol Muller:
1. for approval of the tentative
subdivision map of a 7 -lot
single-family residential subdivision
to be located at 535 South School
Street in an area zoned R-1*,
Single -Family Residential - Eastside.
2. to certify the filing of a Negative
Declaration by the Community
Development Director as adequate
environmental documentation on the
above project.
COMMUNICATIONS
(CITY CLERK)
Y
` ABC LICENSE
APPLICATIONS
CC -7(f) City Clerk Reimche presented an application for Alcoholic
Beverage Control License which had been received from
California Gourmet Sausage Company, Inc., 620 South Central
Avenue, Lodi, Off Sale Beer and Wine, Original License.
RESIGNATION FROM SENIOR
CITIZENS COMMISSION
CC -2(i) City Clerk Reimche presented a letter of resignation from
the Lodi Senior Citizens Commission which had been received
from Violet Stenson.
On motion of Council Member Snider, Pennino second, the
City Clerk was requested to do the required posting.
REGULAR CALENDAR
RENOVATION PLANS FOR HUTCHINS
STREET SQUARE AUDITORIUM
CC -27(e) City Manager Peterson presented the following letter which
had been received from Dennis Bennett, Old Lodi Union High
School Site Foundation Chairman, requesting that the City
of Lodi "front" the money necessary for the development of
plans for the renovation of the auditorium.
The development of Hutchins Street Square during the past
twelve years has been a source of pride for the
constituents of the greater Lodi area. No other city in
10
..�6 Continued April 17, 1991
the state can boast the dedication and generosity of our
local individuals and businesses alike who claim
responsibility for building a facility like Hutchins Street
Square.
As chairman of the Old Lodi Union High School Site
Foundation, I have been privileged to be part of this
metamorphosis and participate in the development of the
once abandoned high school.
Each year the Foundation strives to complete another piece
of this ten -acre facility. To date, we have added outdoor
playing fields, parking facilities, a Fine Arts building
and most recently a Senior Complex. We are now ready to
address the renovation of the auditorium.
Preliminary discussions with the architects, Wenell,
Mattheis and Bowe, have shown the first phase of design to
be investigative work, which includes many hours of
community review, following with a schematic and
preliminary design. The anticipated cost of these services
will be approximately $170,000.00.
The renovation of the auditorium will fill a void in this
community as we attempt to retain historical reference
while providing the new theatre interior completely
state-of-the-art.
We need to begin this work to be successful in selling the
project to potential donors of the auditorium fund. Our
'investors' need to visualize what their contributions will
provide for the benefit of all Lodi.
Our past relationship with the City has been one of
cooperation and we are asking to continue that association
with the City fronting the funds for architectural
services, with the Foundation assuming the responsibility
of coordinating the design efforts and insuring the City a
return of their monies.
As always, the Foundation stands ready to work with the
City in cooperation with our large cadre of volunteers to
complete the task for building Hutchins Street Square.
The City Manager stated that as with past advances, the
Foundation will once again ensure the City the ultimate
repayment of the amount requested.
City Manager Peterson further advised that the only
available source of funding, should this request be
approved, is the General Fund Operating Reserve. It has
been the City's policy over the years to maintain a balance
in this reserve fund in an amount approaching two month's
appropriations to carry the City through any unforeseen
11
Continued April 17, 1991
fiscal emergency. This would be 16% of the total
appropriations. The current balance in this fund stands at
7.5% of the total appropriations, a little less than one
month's reserve. One reason for the decline in the
percentage of reserve is that during the past few years it
has not been possible to transfer to the General Fund
Operating Reserve each year sufficient funds to maintain
the two month's figure. Another is that at certain times
this fund has been tapped to fund negotiated Memorandums of
Understanding.
Foundation Chairman Dennis Bennett then addressed the
Council regarding the request for funding in the amount of
$170,000 for the development of plans for the renovation of
the Hutchins Street Square auditorium and responded to
questions regarding the matter as were posed by the City
Council.
On motion of Council Member Snider, Hinchman second, the
City Council directed the matter to staff to seek out
alternative methods for funding the request and asked that
the matter be placed on the May 1, 1991 City Council agenda.
RECESS Mayor Hinchman declared a five-minute recess and the
meeting then reconvened at approximately 9:20 p.m.
ORDINANCE PERTAINING TO THE
RESTRICTION OF BICYCLING AND
ORGANIZED TRACK MEETS/EVENTS
IN THE NATURE AREA AT LODI LAKE PARK
ORDINANCE NO. 1510 INTRODUCED
CC -27 City Attorney McNatt reminded the City Council of its
CC -149 direction to redraft the ordinance pertaining to
restriction of bicycling and organized track meets/events
in the Nature Area at Lodi Lake Park which had been
reviewed and discussed at the April 3, 1991 meeting.
The new statute would prohibit the riding of bicycles in
the Nature Area except upon the main trails, as designated
by posted signs. In addition, it would prohibit all
organized athletic events except cross country races, and
would limit those cross country events to the ones
sponsored in the past by such organizations as Lodi High
School, Tokay High School, Field and Fair Day, etc.
Addressing the City Council regarding the matter was Parks
Superintendent Scott Essin who then responded to questions
as were posed by the City Council.
Following a lengthy discussion with various options being
reviewed, on motion of Council Member Pennino, Hinchman
second, the City Council introduced Ordinance No. 1510,
12
98 Continued April 17, 1991
entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 12.12 - Parks - by Adding
Thereto a New Section 12.12.255 Entitled 'Lodi Lake Nature
Area: Prohibited Activities"'. Further, the City Council
selected Option 1 as the desired bicycle route and amended
the ordinance to include language that "should any included
organization under this section fail to conduct a
cross-country event during any twelve-month period, consent
shall be denied thereafter".
The motion carried by the following vote:
Ayes: Council Members - Pennino, Sieglock, and Hinchman
Noes: Council Members - Pinkerton and Snider
Absent: Council Members - None
KETTLEMAN LANE (STATE HIGHWAY 12)
AND HUTCHINS STREET - TRAFFIC STUDY
CC -48(a) The City Council was advised that the Public Works
Department has received a number of recent citizen and
Police Department complaints concerning the traffic hazards
created due to the congestion at the AM -PM Mini -Mart
located at the northwest corner of Hutchins Street and
Kettleman Lane. The sudden rise in congestion is due to
the volume of traffic using the station, presumably because
of the fuel prices. This Mini -Mart's prices for gas have
been reported as the lowest in the state. The concerns
expressed in the complaints received consist of:
Drivers attempting to enter the congested
Mini -Mart are overflowing into the roadway
blocking traffic and the sidewalk.
Eastbound drivers wishing to enter the
Mini -Mart that are delayed by backed up
vehicles in the left turn lane are driving
eastbound in the westbound (opposing)
traffic lane to enter the Mini -Mart.
° Pavement arrows and signs are needed in the
Mini -Mart lot to promote coordinated
movement.
° Hazard created by drivers northbound on
Hutchins Street making U-turns at Rimby
Avenue to get in line to enter Mini -Mart
from southbound Hutchins Street.
° Southbound vehicles on Hutchins Street
backed up through Rimby Avenue preventing
access.
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Continued April 17, 1991
0
Hazard created by drivers attempting to make
left turns exiting the Mini -Mart from both
Hutchins Street and Kettleman Lane.
Engineering staff and the Police Department visited the
Mini -Mart and observed many of the problems expressed in
the complaints. The following study has been prepared
addressing these problems and possible alternatives to
correct them.
EXISTING CONDITIONS
Physical Characteristics - This
four -legged intersection is controlled by a
traffic signal. The traffic signal provides
protected left turn movements, as well as
protected through movements, from all
approaches. U-turns at this intersection
are only allowed from the northbound
direction. A raised concrete median exists
only on the south leg of this intersection.
The land use adjacent to the intersection is
commercial. All businesses on the corners
have direct access from either Kettleman
Lane or Hutchins except the southwest corner
which has a shared access with the other
businesses in the Vineyard Shopping Center.
These driveways are far from the
intersection and are not affected by this
study.
Accident Histor - In 1988, Public Works
staff corresponded with Caltrans regarding
the high accident rate observed at the
intersection of Hutchins Street and
Kettleman Lane. Caltrans indicated that the
high accident rate may be due to the
increase in traffic volumes and the
congestion associated with this rise in
volumes. Their study also references the
relatively high number of accidents related
to the AM -PM Mini -Mart and the installation
of raised medians to reduce accidents by
restricting left turns except at the
intersection.
An updated review of available accident
records from 1984 to the present revealed
that there have been numerous accidents
related to the AM -PM Mini -Mart and that the
problem has existed for many years. Of the
accidents occurring at the businesses on the
corners of this intersection, 89% (24 of 27)
were related to the AM -PM Mini -Mart. The
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COQ
;- Continued April 17, 1991
15
remaining 11% (3 of 27) were related to the
Savemart Market. These figures are shown in
Table I.
Table I
ACCIDENTS
YEAR
RELATED TO
1991
1990 1989 1988 1987 1986 1985 1984 Total
(to
Present)
AM -PM
Mini -Mart
1
3 7 2 2 3 4 2 24
(Northwest
Corner)
Savemart
Market
1
0 1 0 1 0 .0 0 3
(Northeast
Corner)
Shell Gas
y Station
0
0 0 0 0 0 0 0 0
(Southeast
Corner)
OTHER ACCIDENTS
2
12 14 17 19 11 16 17 108
(ALL)
NOTE: Southwest
corner has
no access near the intersection
Table II shows the effect raised medians'
would have on the reduction of accidents
adjacent to the intersection. Raised
medians eliminate left turn accidents
entering and exiting the businesses adjacent
to the intersection as well as head-on and
rear -end accidents caused by left turning
vehicles. A raised median on the north leg
would have eliminated 12 accidents (10 at
AM -PM Mini -Mart, 2 at Savemart). A raised
median on the west leg would have eliminated
6 accidents related to the AM -PM Mini -Mart
and 1 other accident. A raised median on
the east leg would have eliminated 1
accident related to the Savemart Market.
Extending this median east of Savemart to
Lee Avenue would eliminate an additional 8
accidents (1986 to present) related to the
Ultramart (Beacon) Gas Station.
15
Continued April 17, 1991
Staff has reviewed some possible alternatives to reduce
congestion and accidents related to the AM -PM Mini -Mart.
These alternatives are listed below.
Alternative A - Install a raised median on the remaining
three legs of the intersection. Caltrans approval is
required for medians on Kettleman Lane (State Highway 12).
Advantages
° Eliminates left turn and head-on accidents adjacent to
the intersection.
° Controls access from driveways.
• Increases overall safety adjacent to the intersection.
16
Table II
YEAR
1991
1990 1989 1988 1987 1986 1985 1984 Total
(to
Present)
North Leg
AM -PM Mini -Mart
1
1 4 0 1 1 0 2 10
North Leg
Savemart
0
0 1 0 1 0 0 0 2
West Leg
AM -PM Mini -Mart
0
1 1 1 1 0 2 1 7
East Leg
Savemart
1
0 0 0 0 0 0 0 1
East Leg
Beacon
1
2 2 1 1 1 -- -- 8
NOTE: Southwest corner
has no
access near the intersection and median on south
leg already exists.
No accidents
related to
Shell Gas Station at southeast corner.
°
Volumes/S eeds - Traffic counts performed
in 1989 show volumes on Hutchins Street and
Kettleman Lane are approximately 13,200 and
21,100 vehicles per day, respectively. The
current posted speed limit on Kettleman Lane
at Hutchins Street is 35 mph. Hutchins
Street north of Kettleman Lane is also
posted 35 mph and south of Kettleman Lane is
posted 45 mph.
Staff has reviewed some possible alternatives to reduce
congestion and accidents related to the AM -PM Mini -Mart.
These alternatives are listed below.
Alternative A - Install a raised median on the remaining
three legs of the intersection. Caltrans approval is
required for medians on Kettleman Lane (State Highway 12).
Advantages
° Eliminates left turn and head-on accidents adjacent to
the intersection.
° Controls access from driveways.
• Increases overall safety adjacent to the intersection.
16
1 Q2 Continued April 17, 1991
Disadvantages
° There may be some opposition by businesses affected by
median installation as it restricts access to their
property.
° To avoid the turning restrictions created by medians,
some drivers may choose less desirable routes (i.e.,
through minor residential areas).
Alternative B - Install a 31 -foot "No Parking" zone along
the Kett eman Lane frontage of the AM -PM Mini -Mart. A "No
Parking" zone already exists along the Hutchins Street
frontage.
Advantages
° Provides indication of violation to motorists and will
aid police enforcement.
° May reduce congestion caused by vehicles overflowing from
lot.
Disadvantages
° May require Police enforcement after initial installation.
° Reduces congestion but has minimal effect on accident
reduction.
Alternative C - Require the installation of signs and
pavement arrows in the Mini -Mart lot to provide a more
coordinated movement through the lot.
Advantages
° May reduce accidents exiting the lot.
° May reduce congestion in the lot.
Disadvantages
Driver compliance necessary to obtain the desired results.
DISCUSSION/RECOMMENDATIONS
The recommendations below only address the problems
correctable with the installation of additional traffic
control devices. Enforcement from the Police Department is
still necessary to supplement the traffic control devices.
Raised Medians - Staff feels that the benefits provided
by raised medians exceed the disadvantages and recommends
17
Continued April 17, 1991
103
the installation as long as certain considerations can be
met. These considerations are:
Providing sufficient width for U-turns from
the left turn lanes at both approaches to
Hutchins Street on Kettleman Lane. Due to
width of the north leg, U-turns cannot be
permitted from southbound Hutchins Street at
Kettleman Lane.
Medians should be installed on all of the
remaining three legs.
"No Parkin " Zone on Kettleman Lane - Staff recommends
the installation of a 31 -foot No arking" zone along the
entire Mini -Mart frontage along Kettleman Lane. This will
provide notification of stopping violation to motorists and
aid enforcement.
Signs and Pavement Arrows in the Mini -Mart Lot - Although
this seems like a valid solution to the congestion in the
lot, it is heavily dependent on the compliance by
customers. The Mini -Mart owner indicated that in the past
the lot was signed for access to the pumps from specific
directions and it was not successful. Signs alone will not
ensure driver compliance. For these reasons, staff does
not recommend this alternative.
Any of the work indicated that will impact Kettleman Lane
(State Highway 12) is subject to State (Caltrans) approval.
Addressing the City Council regarding the matter were:
a) Geralo L. Petry, 5421 Alder Glen Court,
Carmichael, California representing Atlantic
Richfield;
b) Francis Jolly, resident of the area of
Hutchins and Rimby; and
c) Melissa Harmuth Joshi, State of California,
Department of Transportation.
Following discussion with questions being directed to staff
and to those who had addressed the City Council regarding
the matter, on motion of Council Member Snider, Pennino
second, the City Council voted to ask all involved parties
(i.e., City of Lodi, CalTrans, Arco, AM -PM Mini -Mart) and
residents in the subject area to get together and come back
with a recommendation to resolve the problems being
encountered.
18
1 04 Continued April 17, 1991
REQUEST FROM SAN JOAQUIN COUNTY
ASKING CITY OF LODI TO PROVIDE
SEWER SERVICE TO COUNTY SERVICE
AREA 31 (CSA 31) LOCATED AT
THORNTON ROAD AND HIGHWAY 12
DENIED
CC -44 The City Council was reminded
CC -51(a) prohibits the City of Lodi from
treating sewage from outside
been a City policy as far bac
City Code reads as follows:
that the Lodi Municipal Code
providing sewer service and
the City limits. This has
k as can be researched. The
13.12.150 CONNECTIONS OUTSIDE CITY
No discharge from facilities or properties outside the
limits of the city shall be allowed into the sewerage
system (Ord. 1501 Section 1 (Part), 1990)
In February 1981, the City received a request from a firm
proposing to develop a roadside service at the southeast
quadrant of Thornton Road and Highway 12. The request was
made to the City Council asking that the sewer ordinance be
changed in order for their sewage to be received and
treated by the City's White Slough Water Pollution Control
Facility. The decision of the City Council was to not
change the ordinance and denied the request.
In March 1983, the City received a similar request from the
California Department of Transportation asking the City to
provide sewer service to a proposed rest stop being planned
for the I-5 offramp at Highway 12. The City denied this
request based on the recent Council action and the present
sewer ordinance.
In December of 1986, the City received a similar request
from San Joaquin County asking the City to provide sewer
service and sewage treatment for their proposed CSA 31. At
that time, the City of Lodi was in the planning stages of
the current expansion project and indicated to the County
that we would consider taking this back to the City Council
if they (the County) would agree to paying our consultant
to study this request. It was felt there were differences
between this request and the original request by the
private development firm in 1981. The differences were as
follows:
1. A public agency was making the request and
not a private developer.
2. The timing was such that the design capacity
could be increased so facility life would
not be reduced because of development of CSA
31.
19
Continued April 17, 1991
105-
3. The City also was requiring that the
County's CSA 31 be expanded to include all
of the developable roadside service zoning
at Thornton and Highway 12.
Staff had the same major concerns then as we do now but
felt the County did have the right, because of the above
differences, to make this request to the City Council.
Presented for Council's review- was an abbreviated
chronological listing of the major transmittals and
requests related to this subject since December of 1986.
This exhibit showed the initial request was withdrawn and
since that time the request has been reactivated several
times. Recently the Regional Water Quality Control Board
has required the County to receive a formal position from
the City of Lodi before they (the Regional Board) can
consider approving alternative ways of providing sewage
treatment to CSA 31.
Staff Recommendation
It is the staff's recommendation that the County's request
for sewage service be denied. This recommendation is based
on the following:
1. Serving outside the City limits would be
precedent -setting. We have already received
informal requests for sewage service from
other property owners in the area and
adjacent to our sewer outfall line.
Developers have already purchased land near
I-5 and north of Highway 12. The City has
had requests from developers holding land
south of our facility. These requests were
turned down.
2. Loss of facility life. The attached Exhibit
B shows the projected flows based on a 2%
residential growth rate. With the
completion of our expansion in October of
this year, it will have a capacity of 8.5
million gallons per day (mgd). It is
estimated that the 8.5 mgd capacity will
provide us with a 16 -year life. The
ultimate flow of CSA 31 is estimated at 0.25
mgd. If the City elects to serve CSA 31,
the facility life will be decreased by 11 to
2 years.
3. The City will experience a loss of control
over land use and types of sewer flows.
Within the City limits, we have strict
control over building, zoning and land use.
20
1(6 Continued April 17, 1991
i/
I
We would not have this control in CSA 31.
Where we have a problem with sewage from any
one commercial or industrial firm in the
City of Lodi, we can simply shut the water
off. In CSA 31, the County would be
responsible for water shut offs. The County
has indicated they would perform this
function at our request.
Addressing the City Council and responding to questions
regarding the matter was Manual Lopez, Deputy Director of
Public Works, San Joaquin County.
Following discussion, on motion of Council Member Sieglock,
Pennino second, the City Council denied the request.
REPORT ON CITY OF LODI
NEPOTISM POLICY
CC -34 The City Council was advised that the City of Lodi has had
a nepotism resolution in one form or another in place for
several years. The most recent resolution was adopted July
11, 1990. It replaced a resolution adopted in 1985. The
1985 version was too narrow in some respects and not broad
enough in others. It applied only to relatives of the City
Manager and employees of both the City Manager's office and
the Personnel Office. The application of that policy would
have prohibited the appointment of a new police officer
whose sister, for example, held a clerical position in the
Personnel Office. That restriction would not have survived
any kind of judicial review. The narrowness and the
omissions of this resolution brought about the adoption of
the 1990 version. This current resolution provides for the
expansion of restriction on the hiring of relatives to
include City Council Members, Board and Commission
members, the City Attorney and the Assistant City Manager.
The latter two are specifically included because each play
key roles in the disciplinary process which is applicable
to employees in all departments.
The existing resolution provides in part that, "The City of
Lodi shall prohibit the initial appointment to a position
within the City of Lodi of any person or employee who has
the status of marital or familial relationship with the
Lodi City Manager, Assistant City Manager, City Attorney,
or Personnel Director, members of the City Council and in
the case of Library employees, members of the Library Board
or the City Librarian. Further, the City will prohibit the
employment in that Department of any person who has status
of marital or familial relationship with the Department
Head or Advisory Board to that Department."
Mr. Robert Johnson, the current chairman of the Parks and
Recreation Commission, has questioned this policy in a
21
Continued April 17, 1991
letter read to the City Council at its regular meeting of
April 3, 1991. He has two sons who are now, and have for
several summer seasons, been employed in part-time
positions in the Parks and Recreation Department. Mr.
Johnson's main point is that since his sons were already
working for the City before his appointment to the Parks
and Recreation Commission, his sons should be
"grandfathered" and thus able to retain their part-time
positions while Mr. Johnson serves on the Commission.
While not specifically addressed in the resolution, the
flip side of this matter is that the City Council is
prohibited from appointing a citizen to a board or
commission if that person has a relative working in a
department which has a direct relationship to that board or
commission.
Following a lengthy discussion with questions being
directed to the City Attorney and to staff, the City
Council on motion of Council Member Snider, Pinkerton
second, indicated its desire to remove advisory boards from
the City's present policy and directed the City Attorney to
bring back an amended resolution at the May 1, 1991 City
Council meeting for Council consideration.
REPORT REGARDING ALMOND DRIVE
STREET IMPROVEMENTS, 452 AND 458
ALMOND DRIVE, LODI
CC -16 The City Council was reminded that at its February 20, 1991
CC -45(e) meeting, it received a letter from the property owner at
458 Almond Drive. This parcel is one of the last two
parcels on the portion of Almond Drive within the City
limits that does not have frontage improvements. During
the past year, staff has had a number of discussions with
the property owner regarding street improvements in
connection with an application for a building addition and
use permit. The project would have required the owner to
do the improvements under the terms of the City's off-site
improvement ordinance. Since then, the application has
been dropped.
This street improvement project has been shown on the
Street Five -Year Capital Improvement Program with funding
for the curb and gutter tentatively shown in 1991/92 and an
overlay in 1992/93. Five feet of right-of-way would need
to be acquired in order to install sidewalk. The City
cannot ask the property owner to dedicate the right-of-way
without stating that we must pay for it if requested.
Doing so would involve obtaining appraisals and paying
possible severance damages. If both property owners were
to offer to dedicate the right-of-way, it would be a
reasonable use of public funds for the City to install all
the improvements. In the absence of such an offer, staff
22
1 $ Continued April 17, 1991
recommends that we consider the project with the rest of
the 1991/92 Street Capital Improvement Program.
Mrs. Carmelita P. Pineda, 458 Almond Drive, Lodi addressed
the City Council regarding the matter and responded to
questions as were posed by the City Council.
Mrs. Pineda indicated that both property owners would be
willing to offer to dedicate the right-of-way.
No formal action was taken regarding the matter.
LOWER SACRAMENTO ROAD, WOODBRIDGE
IRRIGATION DISTRICT CANAL TO LODI
AVENUE (SARGENT ROAD) - PARKING OF VEHICLES
RESOLUTION NO. 91-75
CC -16 At the request of the City Council, the Public Works
CC -48(a) Department has prepared the following information regarding
CC -48(e) vehicles for sale parked on the west side of Lower
e Sacramento Road between the WID canal and Lodi Avenue.
In the past, the City adopted an ordinance that regulated
the display of vehicles for sale on all public streets;
however, this ordinance was found to be unconstitutional
and was therefore rescinded.
Another less restrictive ordinance (Lodi Municipal Code
Section 10.44.040) was then adopted which prohibited
parking vehicles for sale within 200 feet of any signalized
or four-way stop intersection.
Staff continued to receive complaints regarding vehicles
for sale along Lower Sacramento Road, especially at Park
West Drive. To resolve this problem, "No Parking" zones
were established on both sides of Lower Sacramento Road
from Lodi Avenue to Turner Road at all of the probable
problem locations. These "No Parking" zones corrected the
problem north of Lodi Avenue but may have displaced the
vehicles for sale to south of Lodi Avenue in front of
Raley's Supermarket.
Available accident records from 1987 to the present
indicate that one of seven accidents occurring at this
location was the type that could have been related to
parked vehicles, although no mention of this was made in
the accident report. This 1990 accident involved a driver
exiting Raley's parking lot that was struck by a southbound
vehicle. Traffic volume counts performed on Lower
Sacramento Road south of Lodi Avenue in 1988 are
approximately 11,400 vehicles per day. The posted speed on
Lower Sacramento Road is 45 miles per hour. Traffic
control at the intersection of Lower Sacramento Road at
23
Continued April 17, 1991
1W
Lodi Avenue is currently provided by a four-way stop.
However, a traffic signal at this intersection is under
construction.
Discussion
Staff has verified the large number of vehicles for sale
parked at this location but has no practical solution to
this problem. In addition to vehicles for sale, trucks use
the area, often for many days. Complaints include
pollution and noise from idling trucks. If parking is
restricted at this location, past experience indicates that
these vehicles will most likely move across the street or
to another location. If Council allows these vehicles to
remain at this location, they may wish to direct staff to
install 200 -foot "No Parking" zones on Lower Sacramento
Road adjacent to the intersection as provided for per the
Lodi Municipal Code.
Addressing the City Council regarding the matter were:
a) Walter Pruss, 2421 Diablo Drive, Lodi;
b) Al Furr, 2420 Diablo Drive, Lodi; and
c) Lee Furr, 2420 Diablo Drive, Lodi
Following a lengthy discussion, on motion of Council Member
Pinkerton, Pennino second, the City Council adopted
Resolution No. 91-75 establishing "No Parking" zones on the
east and west side of Lower Sacramento Road between the
Woodbridge Irrigation District (WID) canal and Lodi Avenue
(Sargent Road).
SAN JOAQUIN COUNTY SUBSTANCE
ABUSE GRANT APPLICATION APPROVED
RESOLUTION NO. 91-73
CC -7(b) The City Council was advised that the San Joaquin County
CC -105 Office of Substance Abuse is preparing a grant application
to be submitted to the Office of Substance Abuse Programs,
a division of the Federal government's Department of Health
Service, in the amount of $445,427 to fund a five-year
planning program. The City of Lodi is being asked to both
support the filing of this application and to agree to
participate as a partner member of the San Joaquin
Substance Abuse Partnership (Community Coalition).
Barbara Walker, Planning Coordinator of the San Joaquin
County Office of Substance Abuse was in the audience and
responded to questions as were posed.
24
i 1 Continued April 17, 1991
Following a lengthy discussion, on motion of Council
Member Snider, Hinchman second, the City Council adopted
Resolution No. 91-73 supporting the filing of an
application for Federal grant funds to be submitted by the
San Joaquin Office of Substance Abuse to combat drugs and
alcohol abuse in this county, and approved City
participation in the proposed Community Coalition. The
motion carried by the following vote:
Ayes: Council Members - Pennino, Pinkerton, Sieglock,
and Snider
Noes: Council Members - Hinchman
Absent: Council Members - None
ORDINANCES
LODI MUNICIPAL CODE AMENDED -
CHAPTER 13.08 WATER SERVICE -
ARTICLE III - WASTE
CC -183(d) Ordinance No. 1509 entitled, "An Ordinance of the Lodi City
CC -149 Council Amending Lodi Municipal Code Chapter 13.08 - Water
Service - Article III - Waste" having been introduced at
a regular meeting of the Lodi City Council held April 3,
1991 was brought up for passage on motion of Council Member
Sieglock, Snider second. Second reading of the ordinance
was omitted after reading by title, and the ordinance was
then adopted and ordered to print by a unanimous vote of
the City Council.
LODI MUNICIPAL CODE AMENDED -
CHAPTER 13.12.195 ENTITLED
"DOWNTOWN BUSINESS DISTRICT
CONNECTION FEES"
ORDINANCE NO. 1511 ADOPTED
CC -14 Ordinance No. 1511 entitled, "An Ordinance of the Lodi City
CC -16 Council Amending Lodi Municipal Code Chapter 13.12.195
CC -44 entitled 'Downtown Business District Connection Fees'"
CC -51 having been introduced at a regular meeting of the Lodi
CC -56 City Council held April 3, 1991 was brought up for passage
CC -149 on motion of Council Member Sieglock, Pennino second.
Second reading of the ordinance was omitted after reading
by title, and the ordinance was then adopted and ordered to
print by a unanimous vote of the City Council.
25
Continued April 17, 1991 1 1
ADJOURNMENT There being no further business to come before the City
Council, Mayor Hinchman adjourned the meeting at
approximately 11:50 p.m.
ATTEST:
Alice M. Reimche
City Clerk
26