HomeMy WebLinkAboutMinutes - December 1, 1991CITY COUNCIL, CITY OF LODI
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 1, 1991
7:30 P.M.
ROLL CALL Present: Council Members - Pennino, Pinkerton,
Sieglock, Snider, and Hinchman (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, Acting City Attorney Bob Mullen, and
Deputy City Clerk Perrin
INVOCATION The invocation was given by Pastor Ernie Troutner, First
United Methodist Church, which was dedicated to the memory
of former Council Member Robert H. Rinn.
PLEDGE OF The Pledge of Allegiance was led by Mayor Hinchman.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS
CC -37 Mayor Hinchman presented the following proclamations:
a)
"National Nursing Week" for the week of May
6 - 12, 1991 presented to Murlene Ryder of
the Lodi Memorial Hospital.
b)
"Hire a Vet Week" for the week of May 6 -
12, 1991 presented to Brad Jones and Judy
Clemmons of the Lodi Employment Office.
c)
"Water Awareness Month" for the month of May
1991 presented to George Sande and Holly
Jones of the City of Lodi Municipal Service
Center. Water Conservation Officer Holly
Jones presented buttons to the City Council
members with this year's theme - "Don't be a
Waterhog".
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Snider,
Sieglock second, approved the following items hereinafter
set forth.
Further, the City Council pulled the following Consent
Calendar items from the agenda:
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Continued May 1, 1991
a)
b)
Item #E-7 entitled, "Award contract for tree
work at Lodi Lake Park"; and
Item #E-15 entitled, "Final Map for Pioneer
Place, a six -lot condominium, 505 Pioneer
Drive.
CLAIMS CC -21(a) Claims were approved in the amount of $1,906,426.75.
MINUTES The Minutes of April 3, 1991 (Regular Meeting) were
approved as written.
ADOPTED CLASS SPECIFICATIONS
AND SET SALARY RANGE FOR SUPERVISING
ADMINISTRATIVE CLERK (MUNICIPAL
SERVICE CENTER)
RESOLUTION NO. 91-76
CC -34 The City Council adopted Resolution No. 91-76 approving the
CC -300 class specifications for Sondra Huff appropriately employed
as a Supervising Administrative Clerk. Council also set
the salary range for this position as shown below:
Supervising Administrative Clerk (Municipal Service Center):
A B C D E
$1,607.24 $1,687.61 $1,772.00 $1,860.61 $1953.64
Late last year the Council authorized a classification
study for clerical positions. The major portion of that
study was implemented in March 1991. One of the positions
reviewed was undergoing a transition and required that we
wait for a period of time and restudy the position. We
have received the final report which recommends an
Administrative Clerk III position at the Municipal Service
Center (MSC) be upgraded to Supervising Administrative
Clerk - a new classification.
Ms. Sondra Huff is the incumbent in that position.
Personnel policies recommend in situations like this - when
a position is upgraded or downgraded - the incumbent is
found to be appropriately employed in the new
classification. It is, therefore, appropriate to make the
finding that Ms. Sondra Huff is appropriately employed as a
Supervising Administrative Clerk.
Council is asked to set the salary range for this position
to be 5% more than an Administrative Clerk III.
2
1 1 6 Continued May 1, 1991
PLANS AND SPECIFICATIONS AND
ADVERTISEMENT FOR BIDS FOR HUTCHINS
STREET SENIOR GARDEN PROJECT,
600 WEST OAK STREET APPROVED
CC -12.1(c) The City Council approved the plans and specifications for
the Hutchins Street Senior Garden Project, 600 West Oak
Street and authorized advertising for bids.
This project will construct a walled patio space which will
feature raised concrete planters for senior gardening.
Community Development Block Grant funds will be used to pay
for this construction.
SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS FOR FIRE DEPARTMENT
CARPET APPROVED
CC -12.1(c) The City Council approved the specifications for the
installation of carpet for the Fire Department and
authorized advertising for bids to be received Wednesday,
May 22, 1991.
Funds to purchase carpet for the Fire Department at Station
One, 210 West Elm Street (Public Safety Building) were
approved in the 1990-91 Operations/Maintenance Budget by
the City Council.
CONTRACT AWARD FOR MILLS AVENUE
OVERLAY, LODI AVENUE TO ELM STREET
APPROVED
RESOLUTION NO. 91-77
CC -12(a) The City Council adopted Resolution No. 91-77 awarding the
CC -300 contract for the Mills Avenue Overlay, Lodi Avenue to Elm
Street to Claude C. Wood Company in the amount of
$79,632.00.
This project will place a pavement reinforcing fabric and
an asphalt concrete overlay on Mills Avenue from Lodi
Avenue through the Elm Street intersection.
The paving operation for this project will require that
Mills Avenue be closed. The street closure will be done in
two phases; Lodi Avenue to Pine Street and Pine Street to
Elm Street. The phasing of the street closure will be less
of an inconvenience to the public than if the entire length
of the project is closed at one time.
Plans and specifications for this project were approved on
April 3, 1991. The City received the following four bids
for this project:
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Continued May 1, 1991
Bidder
Engineer's Estimate
Claude C. Wood Company
Teichert Construction
Granite Construction
A.M. Stephens
ITEM PULLED FROM THE AGENDA
Location Bid
$90,044.20
Lodi
$79,632.00
Stockton
$79,989.00
Watsonville
$89,354.00
Rio Vista
$95,965.50
Item #E-7 entitled, "Award contract for tree work at Lodi
Lake Park" was removed from the agenda.
PURCHASE OF ANIMAL CONTROL
TRUCK TRANSPORT BOX APPROVED
RESOLUTION NO. 91-79
CC -12(d) The City Council adopted Resolution No. 91-79 approving the
CC -300 purchase of an animal control truck transport box for the
Police Department from T&N Manufacturing and Sales,
Sacramento, California, for the amount of $5,804.25.
Funds to purchase an animal control truck transport box for
the Police Department were approved in the 1990-91 Budget
and specifications were approved by the City Council on
March 20, 1991. Bids were opened on April 3, 1991 and
three bids were received.
Name of Bidder Total Bid
T&N Manufacturing and Sales, Sacramento $5,804.25
Diamond Truck Body Company, Stockton $9,076.80
Dailey Body Company, Oakland $10,812.00
PURCHASE OF BOOM TRUCK FOR THE
PUBLIC WORKS DEPARTMENT APPROVED
RESOLUTION NO. 91-80
CC -12(d) The City Council adopted Resolution No. 91-80 approving the
CC -300 purchase of a boom truck for the Public Works Department
from Western Traction Company, Union City, California, for
the amount of $81,579.00.
Funds to purchase the boom truck for the Public Works
Department were approved in the 1990-91 budget and
specifications were approved by the City Council on
March 20, 1991. Bids were opened on April 3, 1991 and
three bids were received. The low bidder failed to meet
the specifications.
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118
Continued May 1, 1991
T
V
Name of Bidder Total Bid
Manitowoc Western, Fairfield $80,982.00
Western Traction Co., Union City $81,579.00
Simon West Coast, Inc., Fontana $108,360.56
MAINTENANCE AND ENERGY AGREEMENT
WITH STATE OF CALIFORNIA FOR TRAFFIC
SIGNAL AT CLUFF AVENUE AND VICTOR ROAD
(HIGHWAY 12) APPROVED
RESOLUTION NO. 91-81
CC -7(f)
The City Council adopted Resolution No. 91-81 approving the
CC -90
maintenance and energy agreement with the State of
CC -300
California Department of Transportation for the traffic
signal to be installed at Cluff Avenue and Victor Road
(Highway 12).
The City is installing traffic signals at Cluff Avenue and
Victor Road using Federal -Aid Urban (FAU) funds. This
agreement covers the sharing of costs for the maintenance
and energy used at this signal after the project has been
completed. Under this agreement, the State will furnish
one California Type 170 controller assembly for the
project. They will also pay 50 percent of the cost to
maintain and operate the entire traffic control signal
system and lighting at this intersection. This agreement
is similar to other agreements with the State to cover the
maintenance and operation of signals along Highway 12.
ARCHITECTURAL
SERVICE AGREEMENT
FOR THE RENOVATION OF THE BLAKELY
PARK RESTROOM
BUILDING, 1050 SOUTH
STOCKTON STREET APPROVED
CC -90 The City Council authorized the City Manager to sign an
architectural service agreement between Wenell Mattheis
Bowe Inc. and the City of Lodi for providing plans and
specifications for the renovation of the Blakely Park
restroom building.
The Parks and Recreation Department has obtained State
approval to use Community Development Block Grant funds to
rehabilitate the restrooms at Blakely Park and make them
handicap accessible. The project will also re -roof the
building and install new fixtures in the restrooms. The
new fixtures will be handicap -accessible and will also be
more vandal -resistant than the existing ones. The firm of
Wenell Mattheis Bowe Inc. has been chosen to prepare the
plans and specifications for this project. The design
portion of this project will be funded by the Capital
Outlay Reserve Fund.
Continued May 1, 1991
M
EXTENSION OF AGREEMENT BETWEEN
THE CITY OF LODI AND FAMILY SERVICE
AGENCY TO PROVIDE EMPLOYEE ASSISTANCE
PROGRAM (COUNSELING SERVICE) APPROVED
CC -90 Council authorized the extending of the agreement between
the City and the Family Service Agency to provide an
employee assistance program (counseling service) for City
employees and their dependents.
For several years, the City has contracted with the Family
Service Agency to provide an employee assistance program
for employees and dependents. The relationship in the past
has been satisfactory and it is staff's recommendation that
the relationship be continued in its present format.
The Family Service Agency has requested a 5% increase for
the 1991-92 agreement. That represents a change in the
total amount of the contract from $11,670 to $12,253.50.
However, the hourly rate of $50 remains the same. In all
other regards, the agreement is identical to the ones used
in previous years.
SET PUBLIC HEARING FOR MAY 15, 1991
REGARDING AMENDING ENGINEERING FEES
CC -6 The City Council set a public hearing for May 15, 1991 on
CC -56 the Engineering Fee Update.
The Engineering Fee Update has been revised, circulated,
and discussed at a Council "shirtsleeve" meeting on
April 9, 1991. An informal public meeting is scheduled for
April 26.
SET PUBLIC HEARING FOR MAY 15, 1991
ON PUBLIC IMPROVEMENT DESIGN STANDARDS
CC -6 The City Council set a public hearing for May 15, 1991 on
the Public Improvement Design Standards.
The Public Improvement Design Standards have been revised
and updated, prepared, circulated, and discussed at an
informal public meeting on March 12, 1991 and a Council
"shirtsleeve" meeting on April 9, 1991.
ITEM REMOVED FROM THE AGENDA
Item #E-15 entitled, "Final Map for Pioneer Place, a
six -lot condominium, 505 Pioneer Place" was removed from
the agenda.
M
2� Continued May 1, 1991
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
SUGGESTION TO DEPUTY.
CITY CLERK
Mayor Pro Tempore Pinkerton made a recommendation to Deputy
City Clerk Perrin to watch closely who makes the motions,
seconds the motions, and who votes because the Former City
Attorney, Bob Mullen, acting in Mr. McNatt's stead, has not
only made the resolutions, but also moved and seconded the
votes.
COMMENT ON PRELIMINARY STUDY
DONE BY COG REGARDING WEST LANE
AND HUTCHINS STREET SQUARE BETWEEN
LODI AND STOCKTON
CC -7(n) Council Member Pennino commented on the recent Council of
Government's (COG) meeting where a motion was passed to
have COG do a study of the West Lane and Hutchins Street
corridor between Lodi and Stockton. This is a long-range
20 to 30 year plan looking at the commuting patterns
between Lodi and Stockton. It would not only incorporate
West Lane and Hutchins Street, but look at Highway 99 and
Lower Sacramento Road. This preliminary study has been
approved. COG will not, however, take a side on the growth
issue between Lodi and Stockton and will, therefore, remain
neutral.
COMMENT ON PRESENTATION BY
SMART REGARDING REGIONAL TRANSIT
CC -50(b) Council Member Pennino also commented on the presentation
given by the Stockton Metropolitan Area Regional Transit
(SMART) district which took a look at regional
transportation and included a stop in Lodi. No action was
taken at the COG meeting. Council Member Pennino requested
that the City Manager schedule this as a possible
Shirtsleeve topic.
BOARD OF SUPERVISORS APPROVE THE
WAIVING OF BOOKING FEES
CC -7(b) Mayor Hinchman reminded the Council that a letter was CC -56
written to the Board of Supervisors asking that booking
fees be waived in exchange for the time the City devotes to
County prisoners, and informed the Council that the Board
approved this waiver Tuesday. Therefore, the fees have now
been waived, which, in some cases, were quite high.
Continued May 1, 1991
MAYOR COMMENTS ON RECENT VISIT TO
A MIDDLE -SCHOOL SOCIAL STUDIES CLASS
Mayor Hinchman also commented on his recent visit to a
young, outstanding teacher, Mr. Mark Biskeen, and his
social studies class. Mayor Hinchman was impressed by the
questions that were asked by the kids, and he received some
very nice thank you letters from all of the students. The
Mayor wanted all of the people to know the good things the
students are doing in this City.
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:
REMINDER OF "DOLLAR DUMP DAY" AND
"SPRING CLEANUP WEEK"
Annette Murdoca, California Waste Removal Systems, reminded
the City Council and the public that Saturday, May 4, 1991
e is "Dollar Dump Day" at the Transfer Station and that the
" week of May 6 - 12, 1991 is "Spring Cleanup Week".
Citizens can put up to six 30 -gallon bagged, bundled or
wrapped items at the curb side in addition to their regular
cans.
COMPLAINT RECEIVED REGARDING
THE LOCATION OF ELM AND LOCUST
STREETS AND ELM AND PINE STREETS
CC -16 Virginia Lahr, 311 West Elm Street, expressed her concern
regarding the area around Elm and Locust streets and Elm
and Pine streets. A little girl was hit by a speeding
vehicle that was coming out the alley way, and she was,
fortunately, not injured badly. She told the Council that
people are using this alley as a drag strip. She said she
often hears gun shots, and claims the quality of the area
is going downhill. She is very concerned and requests that
something be done about this problem.
WELCOME TO ACTING CITY ATTORNEY,
MR. ROBERT MULLEN
Council Member Snider welcomed Mr. Robert Mullen, Acting
City Attorney, who was representing the City in Mr.
McNatt's stead.
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 Hinchman called for the Public
Hearing to consider an amendment to the Refuse Franchise
Agreement to provide for addition of industrial service.
PIP
122 Continued May 1, 1991
PUBLIC HEARING TO CONSIDER AMENDMENT
TO THE REFUSE FRANCHISE AGREEMENT TO
PROVIDE FOR ADDITION OF INDUSTRIAL SERVICE
ORDINANCE NOS. 1512 AND 1513
CC -22(b) The City Council conducted a public hearing regarding an
CC -149 amendment to the Refuse Franchise Agreement to provide for
the addition of industrial customers.
Administrative Assistant to the City Manager Kirk Evans
reminded the City Council that 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 of the matter by the City of Lodi
Solid Waste Management Task Force.
At its meeting of Monday, March 25, 1991, the Task Force
unanimously voted (Dave Vaccarezza abstained) to "recommend
to City Council the approval of an amendment to the Refuse
Franchise Agreement to provide for addition of Industrial
Refuse Service". Representatives from the industrial
community were invited, attended, and expressed their
concerns at this meeting. After hearing these concerns,
Task Force members agreed that if such amendment is made,
it should not interfere with industries' management of
in-house recyclable materials. That would be materials
which an industrial company does not wish to set out for
collection by any industrial waste disposal organization.
Ordinance No. 1513 entitled, "An Ordinance of the Lodi City
Council Amending the City's Exclusive Franchise for Waste
Disposal Services to Include Industrial Waste" and
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" were provided for Council's review.
A letter from EMCON Associates expressing their position on
this subject is shown below:
This letter responds to the City of Lodi's (City's) request
to review the issue of exclusive franchise operations as it
may relate to integrated waste management planning mandated
by Assembly Bill (AB) 939. Flow control is a key issue in
any solid waste system and is critical to assure reaching
the AB 939 goals and the need for an integrated approach to
solid waste management.
A significant amount of waste diversion will come from
aggressive separation of commercial and industrial waste,
both by appropriate diversion of recyclables rich loads and
by separation of recyclables at a centralized materials
Continued May 1, 1991
123
recovery facility (MRF). In the case of the City, the
waste stream is not of sufficient size to economically
support more than one MRF. Flow control through issuance
of exclusive franchises can guarantee that a sufficient
waste or material base and revenues rate base will be
available to support the costs of the City's waste
processing system. This is especially true for
jurisdictions where a facility is already in place for
which the owner has expended a significant level of
resources.
AB 939 requires each jurisdiction to prepare a plan for
integrated waste management and to report annually on
progress towards achieving state -mandated goals and
objectives (section 41821 of the Public Resources Code).
Having our own franchise hauler operating within the City
limits will significantly reduce the annual costs that
would likely be incurred by the City to gather data on
waste generation, diversion, and disposal, including
information on categories and types of wastes. Under the
present arrangement, a number of haulers would have to
integrate their accounting systems with the City's
reporting requirements.
At the present time, an exclusive franchise arrangement
fits the needs of the City of Lodi for purposes of AB 939.
In summary, exclusive franchising and flow control
centrally assigns the responsibility for (a) providing a
service and (b) the mechanism for accountability and
financing the operation of the waste removal and recovery
system. If you have any questions or require additional
information, please do not hesitate to call.
Cheryl L. Shields
Project Manager
Mr. Dennis Deg, Chairman of the Lodi Solid Waste Management
Task Force, made a few comments regarding industrial refuse
service, followed by questions from the City Council
directed at both Mr. Evans and Mr. Deg. The City Council's
main concern regarded the rates of this service and who
will be determining these rates.
Mayor Hinchman then opened the hearing to the public. The
following people spoke at the hearing and expressed their
concerns that costs may go up due to lack of competition.
a) Myrle Morgan, 922 Industrial Way, Lodi,
California;
b) Jim Verseput, 2120 West Lodi Avenue, Lodi,
California; and
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124 Continued May 1, 1991
c) Steven Fraizer, Interlake Corporation, South
Sacramento Street, Lodi, California.
Following further discussion among the Council, staff and
the public, the Mayor closed the hearing.
The City Council, on motion of Council Member Snider,
Hinchman second, introduced 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 Ordinance
No. 1513 entitled, "An Ordinance of the Lodi City Council
Amending the City's Exclusive Franchise for Waste Disposal
Services to Include Industrial Waste". Each Ordinance will
contain the statement that it will become effective at the
time the amended rates go into effect.
PUBLIC HEARING TO CONSIDER THE
INDUSTRIAL SUBSTATION REORGANIZATION,
INCLUDING ANNEXATION TO THE CITY OF LODI
AND DETACHMENT FROM THE MOKELUMNE FIRE
DISTRICT AND THE SAN JOAQUIN COUNTY
(S.J.C.) RESOURCE CONSERVATION DISTRICT
RESOLUTION NO. 91-82
CC -8(a) Notice thereof having been published according to law, an
CC -300 affidavit of which publication is on file in the office of
the City Clerk, Mayor Hinchman called for the Public
Hearing to consider the Industrial Substation
Reorganization, Including Annexation to the City of Lodi
and Detachment from the Mokelumne Fire District and the San
Joaquin County (S.J.C.) Resource Conservation District.
Community Development Director Schroeder reminded the City
Council that on October 17, 1990, Council adopted
Resolution No. 90-161 initiating annexation proceedings on
the subject parcel.
Following a public hearing regarding the matter held on
March 15, 1991 before LAFCO, the Local Agency Formation
Commission of San Joaquin County, it determined and ordered
the following:
1. The Environmental Impact Report adopted by
the City of Lodi as lead agency has been
reviewed and considered, and findings of
fact and a statement of overriding
considerations are hereby adopted.
2. The above entitled reorganization is
approved subject to the terms and conditions
contained herein.
11
Continued May 1, 1991 12 r
3. The boundaries are hereby approved as
submitted.
4. The affected territory is uninhabited.
5. The City of Lodi is designated as the
conducting authority and the City Council is
authorized to initiate proceedings for
uninhabited reorganization in accordance
with Section 57000 et seq. of the Government
Code.
Resolution No. 825 before the Local Agency Formation
Commission of San Joaquin County - Resolution Approving the
Industrial Substation Reorganization (LAFCO 4-91) Including
Annexation to the City of Lodi and Detachment from the
Mokelumne Fire District and the S. J. C. Resource
Conservation District is on file in the City Clerk's office.
On November 7, 1990, Council adopted Ordinance No. 1499
prezoning the Industrial Substation site to M-2, Heavy
Industrial.
At the April 3, 1991 meeting, Council adopted Resolution
No. 91-69 - Resolution directing the City Clerk, pursuant
to the State of California Government Code Section 5700 et
seq., to set a public hearing May 1, 1991 at 7:30 p.m. to
consider the Industrial Substation Reorganization,
including annexation to the City of Lodi and detachment
from the Mokelumne Fire District and the S. J. C. Resource
Conservation District. The appropriated advertising and
mailings were made pursuant to State statute.
Mayor Hinchman opened the hearing to the public. There
being no one wishing to speak, the Mayor then closed the
hearing to the public.
On motion of Council Member Snider, Pinkerton second, the
City Council adopted Resolution No. 91-82 entitled, "A
Resolution of the Lodi City Council Ordering the Industrial
Substation Reorganization (LAFC 4-91) with Notice and
Hearing, Including Annexation to the City of Lodi, and
Detachment from the Mokelumne Fire District and the San
Joaquin County (S.J.C.) Resource Conservation District".
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
April 22, 1991.
ITEMS OF INTEREST
CC -35 The Planning Commission -
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126
Continued May 1, 1991
a. Conditionally approved the request of Terry Piazza,
Baumbach and Piazza, Inc. on behalf of Irvin Bender et al
for the Tentative Subdivision Map of Camellia Plaza, a
proposed 8 -lot, 1.23 acre single-family project at 2008
West Tokay Street in an area zoned R-2, Single -Family
Residential; and
Certified the filing of a Negative Declaration by the
Community Development Director as adequate environmental
documentation on the above project.
b. Determined that the buildable lot area was too small and
the density too high and denied the request of Tim
Mattheis, Wenell, Mattheis, Bowe Inc. on behalf of Bob
Spiekerman and Carol Muller for approval of the Tentative
Subdivision Map of a 7 -lot single-family residential
subdivision at 535 South School Street in an area zoned
R-1*, Single -Family Residential - Eastside.
c. Accepted the developer's request and continued
consideration of the request of Terry Piazza, Baumbach and
Piazza, Inc. 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 until
7:30 p.m., Monday, May 13, 1991.
d. Conditionally approved the request of Phillippi
Engineering, Inc. on behalf of Lodi Plaza Partnership for a
Lot Line Adjustment at 2448
West Kettleman Lane (Sunwest Plaza Shopping Center) in an
area zoned C -S, Commercial Shopping.
e. Continued consideration of the request of Terry Piazza,
Baumbach and Piazza, Inc. on behalf of Century Park
Investors for approval of Century Park Unit No. 3, a
resubdivision of Lots 6 through 16 of Century Park Unit No.
2 at 2041 South Cherokee Lane in an area zoned P -D(19),
Planned Development District No. 19 until 7:30 p.m.,
Monday, May 13, 1991 so that the City Attorney could review
the conditions and rules for a modified Homeowners
Association.
f. Approved the request of Tony White (formerly Don Pearson)
for a one-year extension of his Tentative Parcel Map to
divide 550 Loma Drive into two lots and modify two of the
original conditions established on April 24, 1989.
g. Determined that a Zoning Hardship did not exist and denied
the request of Dan White for a Variance to reduce the
sideyard setback requirement from 5 feet to 3 feet to
permit a two story addition consisting of a carport,
bedroom, bath and family room at 1621 Holly Drive in an
area zoned R-2, Single -Family Residential.
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Continued May 1, 1991 127---
h. Continued consideration of the request of Jim Thorpe Oil,
Inc. for a Use Permit to install a temporary security
trailer at 807 Black Diamond Way in an area zoned M-2,
Heavy Industrial.
i. Determined that electronic games centers included pool
tables and suggested that Marlon DeGrandmont apply for a
Use Permit for same.
ANNOUNCEMENT OF GENERAL PLAN MEETING
Mayor Hinchman took this moment to announce that the next
meeting for the General Plan review will be on Thursday,
May 2, 1991 at 7:30 p.m.
COMMUNICATIONS
(CITY CLERK)
CLAIMS CC -4(c) On motion of Council Member Pinkerton, Hinchman second, the
City Council denied the following claims and referred them
back to the City's Contract Administrator, Insurance
Consulting Associates, Inc. (ICA):
a) Kurt Bush, Jr. (a minor), Date of loss
1/22/91;
b) Pacific Bell, Date of loss 10/31/90; and
c) Isabel (Connie) Raya, Date of loss 1/25/91.
ABC LICENSE
APPLICATIONS
CC -7(f) Deputy City Clerk Perrin informed the City Council that the
City had received an application for Alcoholic Beverage
Control License for the following business:
a) Bumble Bee Inn, 20 North Main Street, Lodi,
On Sale Beer, Person to Person Transfer.
NOTICE FROM THE PUBLIC UTILITIES
COMMISSION REGARDING APPLICATION
OF PACIFIC GAS AND ELECTRIC COMPANY
CC -7(f) Deputy City Clerk Perrin read for City Council's
information the Public Utilities Commission's notice of the
application of Pacific Gas and Electric Company for
authority to adjust its electric rates effective November
1, 1991 and to adjust its gas rates effective January 1,
1992.
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128 Continued May 1, 1991
APPEALS RECEIVED REGARDING
USE PERMIT AT TWIN ARBORS
ATHLETICS CLUB, 2040 COCHRAN ROAD
CC -53(b) Two appeals were received from Bruce Schweigerdt, 747 Mills
Avenue, Lodi and Ron Hilder, 808 Tilden Drive, Lodi
regarding the Planning Commission's conditional approval of
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 South Cochran Road,
in an area zoned R-1, Single -Family Residential.
Council was asked to set this matter for public hearing on
May 15, 1991 at 7:30 p.m.
There were a few members in the audience who spoke
regarding this matter.
a) Bruce Schweigerdt, 747 South Mills Avenue,
Lodi, California requested that the City
Council set this matter for public hearing
in July 1991 instead of on May 15, 1991 due
to the fact that he will be out of town May
through late June.
b) Christy Savage of the law firm Hefner, Stark
& Marios, 2710 Gateway Oaks, Sacramento,
representing Twin Arbors Athletics Club
asked the Council to set this matter for
public hearing on May 15, 1991 because she
feels the delay is unfair to the applicant,
seeing that he has been through many
meetings already.
The City Attorney's recommendation was also to set this
matter for public hearing at the May 15, 1991 City Council
Meeting. Therefore, on motion of Council Member Sieglock,
Hinchman second, the City Council set the appeal for the
Planning Commission's conditional approval of the request
of Wennell, Mattheis, Bowe, Inc. on behalf of the 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 for the Council
meeting of May 15, 1991 (Council Member Snider abstained
from voting on this matter, due to a conflict of interest).
15
Continued May 1, 1991
129
POSTING FOR EXPIRING TERMS
ON VARIOUS BOARDS AND COMMISSIONS
CC -2(a) Deputy City Clerk Perrin informed the City Council that
CC -2(d) several of the terms on the various City of Lodi Boards and
CC -2(g) Commissions will be expiring shortly as follows:
CC -2(h)
CC -2(k)
CC -2(1)
Advisory Board 49-99 Library System
Patricia Robison
Library Board of Trustees
Milton Bergantz
Leonard A. Humphreys
Lodi Arts Commission
Don Levy
Raquel Thompson
Kathleen Manwaring
Reverend Harmon D. Skillin
Planning Commission
Susan Hitchcock
Roger Stafford
San Joaquin Commission on Aging
Dorance Ochs
two-year term expiring July 1, 1991
three-year term expiring June 30, 1991
three-year term expiring June 30, 1991
three-year term expiring July 1, 1991
three-year term expiring July 1, 1991
three-year term expiring July 1, 1991
three-year term expiring July 1, 1991
four-year term expiring June 30, 1991
four-year term expiring June 30, 1991
three-year term expiring June 30, 1991
Site Plan and Architectural Review Committee
Michael Locke four-year term expiring June 30, 1991
On motion of Council Member Snider, Hinchman second, the
City Council directed the City Clerk to post for these
vacancies.
IR
I 30 Continued May 1, 1991
REGULAR CALENDAR
FUNDING APPROVED FOR PREPARATION
OF PRELIMINARY DESIGN FOR HUTCHINS
STREET SQUARE AUDITORIUM
CC -27(e) City Manager Peterson, reminded the City Council that at
its regular meeting of April 17, 1991, the City Council
heard a request from the Old Lodi Union High School Site
Foundation, in the person of Mr. Dennis Bennett, Chairman,
that the City Council advance the Foundation the sum of
$170,000 to fund the preparation of preliminary design
drawings for the restoration of the auditorium at Hutchins
Street Square. In the Council Communication addressing
this request in the agenda packet for that meeting, it was
noted that the balance in the General Fund Operating
Reserve had dipped below the generally accepted minimum
level. As such, it is not prudent to tap this reserve fund
for this purpose. Therefore, the only remaining source of
revenue are those funds already appropriated for Capital
Improvement Program projects. It comes down to a priority
ranking. The following list of projects illustrates from
which projects funds could be made available to satisfy the
Foundation's request.
FUNDING SOURCES
FOR AUDITORIUM DESIGN
HUTCHINS STREET SQUARE
Available Recommended
Funds
Reallocation
MSC Covered Storage:
Sewer Capital $ 120,000
Water Capital 60,000
MSC - Administration Building:
Sewer Capital
200,000
$ 90,000
Water Capital
100,000
45,000
MSC - Garage Expansion:
Sewer Capital
60,000
Electric Capital
78,000
Water Capital
60,000
Capital Outlay
13,816
City Hall Addition
1,881,473
Miscellaneous Sanitary Sewer
10,000
5,000
Oversized Water Mains
10,000
5,000
17
Continued May 1, 1991
pf
Miscellaneous Water Mains 9,805 5,000
Miscellaneous Storm Drains 10,000 5,000
Kofu Park Lighting 130,403
Upgrade Stadium Electric 135,700
Hutchins Street Square Music Building Lighting 3,000 3,000
Miscellaneous Sewer Manholes 13,691 5,761
Sewer Taps 8,138 4,000
SPRR Property Acquisition 2,239 2,239
$170,000
The biggest "hit" is on the Municipal Service Center's
Administration Building expansion project. There is a need
for this expansion or it would not have been included in
the recently -adopted Capital Improvement Program. The
operative word here is "priority." If the City Council
deems it a higher priority to move ahead with the
preparation of the'preliminary design for the auditorium at
this time, there is funding available. However, it is
available only at the expense of other projects.
The City Hall addition project appropriation is listed as a
possible source of funding, but this is a critical need
from both space and handicap accessibility standpoints. It
is recommended that this project not be slowed.
Mr. Ben Schaffer representing the Old Lodi Union High
School Site Foundation shared with the Council on how much
the community has supported the Foundation, not only in its
goals, but also financially. He also informed the Council
that the Foundation's debts have either all been paid or
have been arranged to be paid.
Following further discussion among Council and staff with
questions being directed to Mr. Schaffer, the Council on
motion of Mayor Pro Tempore Pinkerton, Pennino second,
unanimously approved the funding as recommended by staff
($170,000) for the preparation of a preliminary design for
the Hutchins Street Square Auditorium rehabilitation with
the anticipation that these funds will be re -paid by the
Foundation as has been done in the past.
RECESS Mayor Hinchman called for a short recess and Council
reconvened at approximately 9:14 p.m.
132
Continued May 1, 1991
ADOPTED RESOLUTION REGARDING
NEPOTISM THEREFORE RESCINDING
RESOLUTION NO. 90-109
RESOLUTION NO. 91-78
CC -34 As directed by the Council, at its meeting of April 17,
CC -300 1991, the City Attorney prepared two draft resolutions,
offering options for the City's nepotism policy.
These were prepared in response to concerns regarding
employees related to members of City Advisory Boards, and
also situations in which part time employees may supervise
other part time employees.
Option A modifies the City's existing nepotism policy as
adopted in Resolution 90-109 by simply removing reference
to members of "Advisory Board(s) to that Department".
Option B is similar to Option A in removing reference to
members of Advisory Boards. In addition, Option B also
would state explicitly that the nepotism policy as it
applies to situations in which one family member might "...
supervise, dispatch or evaluate ..." does not apply to
part time employees. This would address the situation
discussed at the meeting in which persons who referee
athletic events on a part time basis might find themselves
supervising other family members who are part time City
employees.
Following discussion among the City Council and staff, the
Council, on motion of Mayor Pro Tempore Pinkerton, Hinchman
second, adopted Resolution No. 91-78 entitled, "Resolution
Establishing a Policy in Regard to Employment of Relatives
Within the City of Lodi Classified Service and Thereby
Rescinding Resolution No. 90-109 Pertaining Thereto"
(Option B) by the following vote:
Ayes: Council Members - Pennino, Pinkerton, and Snider
Noes: Council Members - Sieglock and Hinchman (Mayor)
Absent: Council Members - None
ORDER CHANGED ON AGENDA
Regular Calendar Item #K-3 entitled, "Set Public Hearing
regarding Development Impact Fees" was moved, discussed and
acted upon at the end of the Regular Calendar.
19
Continued May 1, 1991 1 3 3
UPDATE ON LODI LIFE MISSION
PROJECT (HOMELESS CENTER)
CC -55 City Manager Peterson reminded the City Council that at the
meeting of April 17, 1991, Councilman Snider asked that the
City Council be updated on the progress of the Lodi Life
Mission (Homeless Center) on North Sacramento Street in
what was formerly Quinn's Bar.
Below is a memorandum from Eric Veerkamp, the City's Block
Grant Administrator which describes the present conditions
of the project.
The sub -recipient agreement with Fellowship -In -Action (FIA)
was such that all funds had to be expended by January 31,
1991. In meeting this objective, FIA encumbered the
remainder of the $100,000 grant by purchasing construction
materials such as lumber, sheetrock, heating and air
conditioning equipment, and plumbing and electrical
supplies.
Construction activities at the project site have continued
steadily so that recently all drywall work has been
completed. While the project is approximately two (2)
months behind schedule, all construction work should be
completed by July 1, 1991.
Harry Marzolf, President, Fellowship in Action (FIA)
presented the City Council with a report on how the
renovating of the building is coming along. The interior
is -almost finished. There are, of course, a few more items
to finish like getting bedding, volunteers, tile setters,
etc. Mr. Marzolf extended an invitation to the Council
Members to attend its "Hard Hat Tour" on Thursday, May 9,
1991 at 5:00 p.m. Mayor Hinchman also suggested that the
merchants along Sacramento Street be invited so that they
become aware of what is happening with this building.
PEDESTRIAN CROSSING ON CHEROKEE LANE,
VICINITY OF HALE ROAD
CC -48(a) Public Works Director Ronsko reminded the
the request of City Council, staff has
study of pedestrian safety across Cherokf
Road. Staff began this study due to the ci
and accident reports received. Backgrc
regarding school age pedestrians is on f
Clerk's office. This Caltrans matt
pedestrian and driver characteristics as
guidelines in analyzing pedestrian problems.
20
Council that at
accelerated the
e Lane at Hale
-.izen complaints
ind information
le in the City
rial discusses
sell as general
134
Continued May 1, 1991
Existing Conditions
° Physical Characteristics
This "T" intersection is controlled by a stop sign on Hale
Road at Cherokee Lane. A marked pedestrian crosswalk
exists on the south leg of this intersection across
Cherokee Lane. Pedestrian crossing signs and pavement
legends exist at both approaches to this crosswalk. Street
lights on both sides of Cherokee Lane at this intersection
were installed in April of 1987 by the City as the result
of citizen complaints and a traffic study. The land use
along Cherokee Lane is commercial; however, Hale Road leads
into a residential area with over 140 single and multiple
residential lots. The other access to this area is Delores
Street, approximately 1,700 feet to the south.
° Accident Histor
A summary of available accident records from 1987 to the
present is shown in the table below. The results of the
summary indicate that 6 pedestrians were struck by vehicles
while crossing Cherokee Lane. Four of these pedestrians
were between the ages of 10-13 years old. The two other
pedestrians were 20 and 31 years old. In addition to the
pedestrians struck by vehicles, 3 others were not struck,
but involved in the accident such as a vehicle stopped for
a pedestrian being rear-ended by another vehicle. All 9 of
these pedestrian -related accidents occurred on a weekday
between the hours of 2:00 p.m. and 7:00 p.m.
YEAR
1991 1990 1989 1988 1987 TOTAL
ACCIDENT TYPE (TO PRESENT)
PEDESTRIANS STRUCK 2 0 2 0 2 6
PEDESTRIANS INVOLVED 1 0 0 0 2 3
OTHER ACCIDENTS
(NON -PEDESTRIAN RELATED) 0 2 2 3 5 12
TOTAL ACCIDENTS 3 2 4 3 9 21
*Pedestrian Coun
A pedestrian count was performed on Friday, April 19, from
3:00 to 5:00 p.m. This is the time period that the market
in the area felt the most pedestrian activity occurred.
This also is within the time period that the pedestrian
accidents occurred as shown in the accident study. The
results of this survey are shown below.
21
Continued May 1, 1991
TOTALS
*65
3,044
A 5
*Approximately 70% or 45 of the 65 pedestrians observed were elementary
school age
°Volumes/Speed
Traffic counts show that volumes on Cherokee Lane and Hale
Road are approximately 16,500 and 900 vehicles per day,
respectively. The existing posted speed limit on Cherokee
Lane 35 mph. The prima facie speed limit on Hale Road is
25 mph.
Altarnativac
Staff has developed some possible actions to increase
pedestrian safety. These alternatives are listed below.
Alternative A - Install larger pedestrian crossing signs
and improve crosswalk markings. The existing 30 -inch
pedestrian crossing signs at this location are standard per
State of California (Caltrans) guidelines. Thirty -six-inch
signs are also available. Due to the large number of
businesses and advertising signing along Cherokee Lane,
traffic signs are difficult to see. The location of the
pedestrian signs at this crossing. In addition to larger
signs, the crosswalk bars can be widened from 12 inches to
24 inches and crosshatching added for improved driver
visibility of crosswalk.
The cost of installing larger signs and modifying the
crosswalk is approximately $350.00.
Alternative B - Install a flashing yellow beacon to
supplement t e existing pedestrian signs and markings. A
flashing beacon is designed to alert motorists of
pedestrian activity in the area. The State of California
(Caltrans) provides guidelines for the installation of
flashing beacons at uncontrolled school crossings.
Although not directly applicable here, the guidelines have
been used at this location for comparison. At an
uncontrolled school crossing, these guidelines are
satisfied when there are at least 40 elementary school age
pedestrians using the crossing and 200 vehicles traveling
through the crossing during each of any two hours. The
results of the survey are shown below.
22
PEDESTRIANS
VEHICLES
TIME
(PM)
(CROSSING CHEROKEE LANE)
(THROUGH CROSSWALK)
3:00 -
3:30
13
733
3:30 -
4:00
16
789
4:00 -
4:30
22
772
4:30 -
5:00
14
750
TOTALS
*65
3,044
A 5
*Approximately 70% or 45 of the 65 pedestrians observed were elementary
school age
°Volumes/Speed
Traffic counts show that volumes on Cherokee Lane and Hale
Road are approximately 16,500 and 900 vehicles per day,
respectively. The existing posted speed limit on Cherokee
Lane 35 mph. The prima facie speed limit on Hale Road is
25 mph.
Altarnativac
Staff has developed some possible actions to increase
pedestrian safety. These alternatives are listed below.
Alternative A - Install larger pedestrian crossing signs
and improve crosswalk markings. The existing 30 -inch
pedestrian crossing signs at this location are standard per
State of California (Caltrans) guidelines. Thirty -six-inch
signs are also available. Due to the large number of
businesses and advertising signing along Cherokee Lane,
traffic signs are difficult to see. The location of the
pedestrian signs at this crossing. In addition to larger
signs, the crosswalk bars can be widened from 12 inches to
24 inches and crosshatching added for improved driver
visibility of crosswalk.
The cost of installing larger signs and modifying the
crosswalk is approximately $350.00.
Alternative B - Install a flashing yellow beacon to
supplement t e existing pedestrian signs and markings. A
flashing beacon is designed to alert motorists of
pedestrian activity in the area. The State of California
(Caltrans) provides guidelines for the installation of
flashing beacons at uncontrolled school crossings.
Although not directly applicable here, the guidelines have
been used at this location for comparison. At an
uncontrolled school crossing, these guidelines are
satisfied when there are at least 40 elementary school age
pedestrians using the crossing and 200 vehicles traveling
through the crossing during each of any two hours. The
results of the survey are shown below.
22
136
Continued May 1, 1991
i"
PEDESTRIANS VEHICLES
PEDESTRIANS NEEDED PER VEHICLES NEEDED PER
TIME (PM) OBSERVED / GUIDELINES OBSERVED J GUIDELINES
3:00 - 4:00 20 / 40 1,522 / 200
4:00 - 5:00 25 / 40 1,520 / 200
As shown above, the number of school age pedestrians are
below the 40 per hour indicated in the guidelines for the
installation of a flashing beacon. Adult crossing guard
guidelines for school areas also were not satisfied.
The cost of installing a flashing beacon is approximately
$10,000.
Alternative C - Install a mid -block pedestrian -actuated
crossing signal across Cherokee Lane between Hale Road and
Maple Street. A pedestrian -actuated crossing signal would
provide maximum safety for pedestrians short of an
overcrossing or tunnel. The cost of a pedestrian crossing
signal is approximately $60,000. The signal would be
actuated by pedestrian push buttons. When a pedestrian
pushes the button, the traffic controller will search for
an adequate gap in traffic. When the adequate gap is
found, the signal will stop vehicle movement and allow the
pedestrian(s) to cross. This is similar to a traffic
signal at an intersection except that this is designed for
a mid -block installation. If the pedestrian crossing
signal is placed at this location, it may also be desirable
to replace the existing depressed curb with square -type
curbing to protect the signal posts on both sides of
Cherokee Lane. The parking lot at the market on the west
side of Cherokee Lane may also need some striping
modifications to divert traffic around the signal pole.
These improvement costs are unknown at this time and are
not included in the $60,000 estimate shown.
State of California (Caltrans) traffic signal guidelines
were also checked for the intersection of Hale Road and
Cherokee Lane. The intersection met State guidelines for a
traffic signal; however, per our 1990 Traffic Signal
Priority Study, 16 of the 21 intersections studied rank
higher on the list. These guidelines are used to determine
if a traffic signal should be considered. Meeting the
State guidelines does not necessarily mean that a traffic
signal should be installed at an intersection. These
guidelines would be satisfied at many of the remaining
unsignalized intersections along Cherokee Lane. The cost
of installation of an intersection traffic signal is
approximately $100,000.
23
Continued May 1, 1991
LOCATION
Cherokee/Eden
Locust between
Cherokee/Hale
Cherokee/Locust
Cherokee/Elm
Lodi/Church
Discussion
The manager of a business in the area indicated that this
crosswalk is used by young and adult pedestrians throughout
the day. The destinations of these pedestrians are a
variety of locations due to the mix of residential and
commercial uses on both sides of Cherokee Lane. During
staff's survey, the majority of pedestrians observed were
customers of Star Market on the west side of Cherokee Lane
across from Hale Road. There is an arcade at this market
that draws younger customers.
Staff has also recently compiled City-wide pedestrian
accident data from 1987-1990. The results of this data
indicates that Cherokee Lane has the highest number of
pedestrian accidents of any other streets. Locations with
3 or more are:
# PEDESTRIAN ACCIDENTS
(1987 THRU 1990)
Central and Garfield
Pine between School and Sacramento
5
4
3
3
3
3
3
The majority of these accidents occurred at the
intersections of Eden Street, Hale Road, Elm Street, and
Locust Street. All of the pedestrian accidents in this
time period have been plotted on a large map and is
available for viewing at the Council meeting or prior to
the meeting at City Hall, Traffic Division.
Recommendation
Due to the relatively high number of pedestrian and
pedestrian -related accidents, congestion, and relatively
high speeds at this location, staff feels additional
pedestrian protection is appropriate.
Staff does not recommend a mid -block pedestrian -actuated
traffic signal at this location due to its proximity to
side streets. The distance between Hale Road and Maple
Street is only approximately 120'. This could create
problems for drivers turning left from these side streets
because their attention will be focused on entering
Cherokee Lane and they may not see the traffic signal.
Also, the required placement of the overhead traffic signal
(40' from crosswalk for visibility by stopped drivers) may
cause drivers to stop at the intersection instead of at the
crosswalk. Drivers normally associate a traffic signal
24
138
Continued May 1, 1991
with an intersection. These mid -block pedestrian signals
are better suited for locations that are not close to side
streets.
Staff feels an
overhead flashing beacon at this location
would provide
additional indication of pedestrian activity
to drivers without giving pedestrians a false sense of
security.
Following much
discussion among the City Council and staff
regarding each
of the alternatives, the following person
spoke regarding
the matter:
a)
Marla Donovan, 827 Lloyd Street, Lodi,
California. Ms. Donovan's main concern was
that people, children especially, are too
afraid to cross this street due to the high
volume of traffic and no place to cross
safely. She feels a signal would be the
best solution to this problem, and a
flashing beacon would only be a temporary
solution. Ms. Donovan also expressed her
concern that the bus stop for the children
going to school is at a bad location and it
forces the children to stand on the street
instead of the sidewalk. She also suggested
that signs be put up to reduce the speed
limit to 15 - 20 mph.
following a lengthy discussion on the matter, Council on
motion,_ of Council Member Sieglock, Snider s-econd,
unanimously ,..authorized the installatio a yellow
flashing light 'in_.the subject are nd to improve and
increase the size of- the si_dewalk in the area of the
striping, further that the� e Public Works Department, in
�/✓ conjunction with thice Department, take a look at the
painting of th rea with a red stripe and report back to
the City ncil with its findings and recommendations.
�p Further e City Council directed that a letter be sent to
the school district requesting that the bus stop be
ocated.
CONTRACT APPROVED FOR TECHNICAL
ASSISTANCE TO REVIEW COST OF SERVICES
CC -90 Assistant City Manager Glenn informed the City Council that
prior to Proposition 13 local governments were not overly
concerned with recapturing the costs of providing public
services. The solution was simple; property tax rates were
adjusted to provide the needed dollars to balance the
budget. The reality of the situation was that property
assessments grew and expanded to the extent that tax rate
increases were not necessary and if so the change was
slight. Many cities provided certain services without
25
Continued May 1, 1991
139
charge. Los Angeles, for instance, provided free refuse
pick-up.
With the passing of Proposition 13 the rules of the game
changed. It became necessary to begin to charge for
services. Lodi behaved much like other cities. We
tightened our belt, reestablished priorities, relied on the
State to provide revenues, and lived on reserves. Lodi was
and is unique in that we have three well-run and profitable
Enterprise Funds which have provided needed additional
revenues.
Staff has reviewed and increased some of our fees and
charges for services in an effort to recapture our costs.
However, costs continue to increase as inflation takes its
toll, and as the City grows.
In past budget messages the City Council has been advised
that General Fund revenues do not meet the cost of
providing services. It must be reiterated strongly and
indelibly that the Council has little control over its
revenue stream. It cannot set .property tax rates; it
cannot increase assessments; it cannot change the sales
tax. State subventions are not determined by local
action. Interest rates are set by the market. The only
General Fund revenues controlled locally are charges for
services and those licenses and fees a General Law city can
impose.
One facet of good public monetary policy is to recapture
the cost of direct services that are unique to the person,
the property or time. For instance, the general public
should not pay for the direct costs of issuing a variance
or changing the zoning of a piece of property. Those
services are a direct benefit to an individual or the owner
of a piece of property. General tax revenues should not be
used for those purposes. By the same token, the cost of
maintenance of traffic lights, trimming street trees, fire
protection, police patrol, library services, for instance,
benefit the entire community and should be paid for from
general tax revenue.
In order to maintain our levels of service, the City must
undertake a program to identify the costs of providing
services and develop fees to recapture all or a portion of
those costs. The amount to be recaptured certainly is, and
appropriately so, the province of the City Council.
However, to make an intelligent decision the costs must be
known.
The present City staff does not have the expertise nor the
time to do a proper job of identifying the costs and
develop appropriate fee schedules. If we were to assign
this task in-house we could not complete this project in a
26
140
Continued May 1, 1991
1
timely manner but most importantly, we would spend a great
deal of time spinning our wheels and most likely could not
do the same quality job as experts in the field.
The City's present business license fees were put into
effect in 1948 and have not been revised since that time.
A business license fee is not regulatory in nature but a
revenue source. If our business license fees are to be
revised (and they should be) any new formula analyzed with
an eye toward being reasonable, equitable, understood, and
justified. It should assist in meeting the City's revenue
needs, and be easily administered. Such.a tax should not
be regressive, but rather be responsive to the business
cycle.
This likewise is a specialized study and requires special
knowledge and above all the time to complete such a study.
The cost of this study if approved will be:
Cost Recovery - $41,000
r Business License Review - 22,480
63,48
Staff strongly urged the Council to authorize these
studies. The City is presently in the process of putting
together an operating budget for 1991-92 and it is becoming
increasingly clear we must take action to ensure an
adequate revenue stream to support our present levels of
service.
Speaking on behalf of Ralph Andersen Associates was Mr.
Jim Morrison. Mr. Morrison informed the Council that his
consulting firm would work very closely with Council in
documenting and developing user fees and charges to recover
the City's direct costs and would assess and develop a
business tax program to provide a revenue source for the
City. Council showed concern in creating fees that were
too high for the public, and Mr. Morrison assured the
Council that it would have the ultimate decision in what
percentage fees would increase, if any.
Following further discussion on the matter, the Council on
motion of Council Member Sieglock, Snider second, voted
unanimously to authorize the City Manager to enter into
contract with Ralph Andersen and Associates to identify,
document and develop user fees and charges to recover the
City's direct cost for providing public services. Further
the City Council directed the City Manager to study the
business license fees and report back to the City Council
at a future meeting.
27
Continued May 1, 1991
SET PUBLIC HEARING REGARDING
DEVELOPMENT IMPACT FEES
O
CC -56 Public Works Director Ronsko informed Council that as part
of the General Plan update, the City retained the firms of
Nolte and Associates and Angus McDonald and Associates to
prepare a comprehensive study of costs and financing
mechanisms for the major capital improvements needed to
support the growth shown in the General Plan. The goal is
to provide needed capital improvements meeting City service
standards in a timely fashion.
The draft study was sent out April 17, 1991 and an informal
public meeting scheduled for April 30, 1991. At the May 1
meeting, staff made a short presentation on the results of
the meeting.
Eventual adoption of the fee program will need to be
coincidental or closely follow adoption of the General
Plan. It is assumed Council will want to hold special
meetings to review the fee program. Staff suggests those
begin in the third week of May.
Since this program will have a significant affect on the
Capital Improvement Program which is to be considered in
July/August, it is recommended action on the General Plan
and fee program take place as soon as practical.
Following a brief discussion, the Council, on motion of
Council Member Snider, Pennino second, voted unanimously to
set the matter for public hearing on Tuesday, May 28, 1991
at the hour of 7:00 a.m.
ORDINANCES
ORDINANCE AMENDING LODI
MUNICIPAL CODE CHAPTER 12.12 -
PARKS - BY ADDING A NEW
SECTION PERTAINING TO PROHIBITED
ACTIVITIES
ORDINANCE NO. 1510 ADOPTED
CC -27 Ordinance No. 1510 entitled, "An Ordinance of the Lodi City
CC -149 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"' having been
introduced at a regular meeting of the Lodi City Council
held April 17, 1991 was brought up for passage on motion of
Council Member Pennino, Sieglock second. Second reading of
the ordinance was omitted after reading by title, and the
ordinance was then adopted and ordered to print by the
following vote:
9
142
Continued May 1, 1991
Ayes: Council Members - Pennino, Sieglock, and Hinchman
(Mayor)
Noes: Council Members - Pinkerton and Snider
Absent: Council Members'- None
CLOSED SESSION The City Council adjourned to a closed session regarding
the following matter:
a) Litigation - Reed v City of Lodi, Superior
Court Case No.—TZ-7677
No formal action was taken by the City Council. The City
Council reconvened at approximately 11:20 p.m.
ADJOURNMENT There being no further business to come before the
City Council, Mayor Hinchman adjourned the meeting at
approximately 11:20 p.m.
ATTEST:
nni fe 111. Perri n
eputy pity Clerk
for Alice M. Reimche
City Clerk
! "Following a lengthy discussion on the matter, Council on motion of Council
Member Sieglock, Snider second, unanimously authorized the installation of a
yellow flashing light in the subject area and to improve and increase the size
of the crosswalk painting, further that the Public Works Department, in
conjunction with the Police Department, take a look at the painting of that
area with a red curb and report back to the City Council with its findings and
recommendations. Further the City Counc-il directed that a letter be sent to
the school district requesting that the bus stop be relocated."
6/51yi Gly
29