Loading...
HomeMy WebLinkAboutMinutes - September 18, 19910 CITY COUNCIL, CITY OF LODI CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, SEPTEMBER 18, 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, City Attorney McNatt, and City Clerk Reimche INVOCATION The invocation was given by Pastor Rudy Rodriquez, Lodi New Life Mission. PLEDGE OF The Pledge of Allegiance was led by Mayor Hinchman. ALLEGIANCE PRESENTATIONS PROCLAMATIONS Mayor Hinchman presented the following proclamations: CC -37 a) "National Adult Day Care Center Week"; b) "Rideshare Week"; c) "National Emblem Club Week"; and d) Proclamation commending City Electric utility employees on their success in the Lineman's Rodeo competition. PRESENTATION FROM CALIFORNIA JOINT POWERS INSURANCE AUTHORITY CC -21.1(e) Assistant City Manager Glenn presented a plaque from the California Joint Powers Risk Management Authority depicting rebates paid by the Authority to the City of Lodi totaling $252,592. MEASURE K FUNDS RECEIVED CC -7(n) Mr. John Schmidt, the City of Lodi's representative on the CC -28 Measure K Citizens Advisory Committee presented the City's initial allocation of Measure K funds to the City Council in the amount of $110,000. 11 393 3 94Continued September 18, 1991 PRESENTATION MADE REGARDING UPCOMING CONSERVATION FAIR Mr. Bob McMillan, Director of the San Joaquin County Parks and Recreation Department and other Fair Sponsors made a brief presentation to the City Council regarding the upcoming Conservation Fair scheduled to take place on October 5, 1991. The City of Lodi is also a Fair sponsor. CONTRIBUTION MADE TO CRIME STOPPERS, INC. CC -24(b) The City Council authorized the allocation of $2,000 in CC -152 Asset Seizure Funds to the Lodi Area Crimestoppers, Inc. and Mayor Hinchman and Chief of Police Williams made the appropriate presentation to representatives of that organization. CLOSED SESSION REGARDING PROPOSED LITIGATION AND LITIGATION At approximately 7:55 p.m., the City Council adjourned to a CLAIMS CC -21(a) Claims were approved in the amount of $1,492,960.59. MINUTES The Minutes of August 28, 1991 (Special City Council Meeting) were approved as written. 2 Closed Session regarding the following matters: CC -200(d) a) Proposed litigation - City of Lodi v. Dow Chemical Company, et al; and CC -200(d) b) Litigation - Fischer v. City of Lodi. The City Council reconvened in regular session at approximately 8:25 p.m. CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Snider, Pennino second, approved the following items hereinafter set forth. Agenda item #E-4 entitled, "Plans and specifications and advertisement for bids of DBCP Treatment Unit at Well #16, Century Boulevard and WID Canal" was removed from the Consent Calendar and discussed and acted upon under the Regular Calendar. **************************************** CLAIMS CC -21(a) Claims were approved in the amount of $1,492,960.59. MINUTES The Minutes of August 28, 1991 (Special City Council Meeting) were approved as written. 2 i Continued September 18, 1991 395 L11 ANNUAL INVESTMENT POLICY AND INTERNAL CONTROL GUIDELINES ADOPTED RESOLUTION NO. 91-175 CC -21(a) The City Council adopted Resolution No. 91-175 approving CC -300 the City's annual investment policy and internal control guidelines. Section 53601 of the California Government Code requires the City Council to annually review and adopt the City's investment policy. This policy was first reviewed and approved by the City Council on October 1985. It is in compliance with state laws governing the investment of local agency funds and provides internal control guidelines to protect the funds of the City from misappropriation, speculation, and fraud. Additionally, this policy is annually reviewed by the City's audit firm (KPMG Peat Marwick) and has been found to be in compliance with Government Code. PLANS AND SPECIFICATIONS FOR BLAKELY PARK RESTROOM REMODEL APPROVED CC -21.1(a) The City Council approved the plans and specifications for Blakely Park Restroom Remodel and authorized the advertising for bids. This project will renovate Blakely Park by replacing pitched roof and providing Community Development Block finance this project. PURCHASE OF DIAL -A -RIDE VEHICLE APPROVED RESOLUTION NO. 91-176 the deteriorated restroom in the existing flat roof with a handicap accessibility inside. Grant Funds will be used to CC -12(d) The City Council adopted Resolution No. 91-176 approving CC -300 the purchase of a station wagon for Dial -A -Ride from Sanborn Chevrolet, Inc., Lodi, California in the amount of $18,451.61. Funds to purchase the station wagon were approved in the 1991-92 budget and specifications and advertisement for bids were approved by the City Council on August 21, 1991. Bids were opened on September 3, 1991 and one bid with no alternate bid was received. The originally budgeted amount was $17,500. The difference of $975.61 between that amount and the bid received is due to the increase in cost for a 1992 model and the increase in sales tax. 9 �ontinued September 18, 1991 v PURCHASE OF THREE PICKUP TRUCKS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT APPROVED RESOLUTION NO. 91-177 CC -12(d) The City Council adopted Resolution No. 91-177 awarding the CC -300 purchase of three pickup trucks for the Community Development Department from Sanborn Chevrolet, Inc., Lodi, California for the amount of $37,655.73. Funds to purchase the three pickup trucks were approved in the 1991-92 budget and specifications and advertisement for bids were approved by the City Council on August 21, 1991. Bids were opened on September 3, 1991 and one bid was received. PURCHASE OF HEWLETT-PACKARD MICROCOMPUTER SYSTEM FOR THE COMMUNITY DEVELOPMENT DEPARTMENT V RESOLUTION NO. 91-178 CC -12(d) The City Council adopted Resolution No. 91-178 awarding the CC -300 purchase of a Hewlett-Packard microcomputer system with peripherals, for use in the Community Developmept Department, to the low bidder, Omnivar Company of Sacramento, in the amount of $23,756.72. On August 7, 1991, the City Council approved specifications and authorized advertisement for bids for five Hewlett-Packard microcomputers, two HP LaserJet III printers, various memory upgrades, adapters, cables, and numeric coprocessors. Bids were opened on September 4, 1991. The results are shown on the following page: 4 Continued September 18, 1991 59% ' BIDDERS: OMNIVAR, SACRAMENTO HALLMARK ELECTRONICS, ROCKLIN ONLINE CONNECTING POINT, STOCKTON ENTRE COMPUTER CENTER, NORTH HIGHLANDS BIDDERS INDICATE ITEMS ARE AVAILABLE DIRECTLY FROM HEYLS-7-PACKARD. RECOMMENDED ORDER CONSISTS OF UNDERLINED ITEMS. k BID SUMMARY HENLETT-PACKARO 31CR000MPUTERS, JRINTERS, AND ACCESSORIES BIO OPENING: SEPTEMBER 4, 1991 320DERS:' OMNIVAR HALLMARK ONLINE SNTRE ITEMS/DESCRIPTIONS (UNIT PRICES) BASE BID: ' 3 EA HP 80386/25 MODEL 80 PC 53.309.00 53,390.00 53,492.00 53,818.00 2 EA HP OS/16S MODEL 47 PC 1.774.00 1,870.00 2,049.00 2,174.00 2 EA 2MB MEMORY UPGRADE FOR OS/16S 205.00 205.00 208.00 219.00 4 EA 2MB MEMORY UPGRADE FOR 386/25 205.00 205.00 208.00 219.00 5 EA MS-DOS 5.0 80.00 89.00 95.00 95.00 5 EA 14" VGA COLOR MONITOR 489.00 519.00 449.00 477.00 2 EA LASERJET III PRINTER 1,479.00 1,525.00 1,545.00 1,549.00 2 EA SHARESPOOL FOR LASERJET III 550.00" N8" N8'' NO- S EA SHARESPOOL ADAPTERS 22.00" NB*' N8"' NB" 5 EA SHARESPOOL PRINTER CABLES 8.55" NB^ N8" NB's 2 EA NUMERIC COPROCESSOR FOR OS/16S 462.00 487.00 476.00 416.00 3 EA NUMERIC COPROCESSOR FOR 386/25 815.00 860.00 840.00 890.00 TERNATE ACCESSORIES: 4 EA 2M8 MEMORY UPGRAOE FOR OS/16S 110.00 120.00 Na 120.00 4 EA 2MB MEMORY UPGRADE FOR 80386/25 140.00 120.00 N8 120.00 2 EA PRINT SHARE BOARD FOR LASERJET III 390.00 345.00 396.00 395.00 5 EA ADAPTERS FOR PRINT SHARE BOARD 15.00 N8" 16.00 7.50 5 EA PRINTER CABLES 6.u0 NB^ 20.00 10.00 2 EA NUMERIC COPROCESSOR FOR OS -16S 135.00 160.00 NB 139.00 3 EA NUMERIC COPROCESSOR FOR 80386/25 2 i5.•)0 .240.00 Na 225.90 5 EA 14" SUPER VGA MONITOR 425.00 390.00 N8 399.00 5 EA SUPER VGA GRAPHICS CARD 122.00 137.00 M8 149.00 ' BIDDERS: OMNIVAR, SACRAMENTO HALLMARK ELECTRONICS, ROCKLIN ONLINE CONNECTING POINT, STOCKTON ENTRE COMPUTER CENTER, NORTH HIGHLANDS BIDDERS INDICATE ITEMS ARE AVAILABLE DIRECTLY FROM HEYLS-7-PACKARD. RECOMMENDED ORDER CONSISTS OF UNDERLINED ITEMS. k 019 8 Continued September 18, 1991 Each bidder submitted a proposal which included a base bid (consisting of computers, printers, and accessories), and an alternate bid for accessories (allowing the bidder to offer equivalent, and potentially lower-cost alternatives to accessories included in the base bid). Three of the computers will be used by the Planning Division for running AutoCad and for creating demographic and statistical spreadsheets. The other two units will be used by the Building Division to determine structural calculations, and building, plumbing, mechanical, energy, and electrical code compliance. With this purchase, the Department will achieve compatibility and standardization with Public Works in the use of Hewlett-Packard computers, allowing both departments to operate within a network environment. AWARD OF CONTRACT FOR TRAFFIC SIGNAL AND LIGHTING INSTALLATION AT KETTLEMAN LANE/MILLS AVENUE, HUTCHINS STREET/VINE STREET, CHURCH STREET/PINE STREET, CHURCH STREET/WALNUT STREET, CHURCH STREET/OAK STREET, CHURCH STREET/ELM STREET RESOLUTION NO. 91-179 CC -12(a) The City Council adopted Resolution No. 91-179 awarding CC -300 the contract for Traffic Signal and Lighting Installation at Kettleman Lane/Mills Avenue, Hutchins Street/Vine Street, Church Street/Pine Street, Church Street/Walnut Street, Church Street/Oak Street, Church Street/Elm Street to Collins Electric in the amount of $247,798.00 and appropriated all remaining FAU funds and an additional $15,000.00 from the Gas Tax Fund to complete the project. This project includes the installation of traffic signals at the intersections of Kettleman Lane/Mills Avenue and Hutchins Street/Vine Street. The intersection of Church Street and Pine Street will be modified so that it is fully actuated and the intersections of Church Street/Walnut Street, Oak Street and Elm Street will be modified with side street actuation. The FAU appropriation is approximately $206,000.00. Any remaining funds from other FAU projects will also be transferred to this account. Plans and specifications July 31, 1991. The City for this project: 0 for this project were approved on received the following four bids Continued September 18, 1991 Bidder Engineer's Estimate Collins Electric M & M Electric Richard Heaps Steiny & Co. Location Bid $275,359.60 Stockton $247,798.00 Sacramento $253,969.00 Sacramento $264,125.00 Vallejo $268,127.50 IMPROVEMENT AGREEMENT FOR WATER MAIN RELOCATION, 360 SOUTH CHEROKEE LANE, LODI APPROVED CC -90 The City Council approved the Improvement Agreement for relocation of an existing water main at 360 South Cherokee Lane and directed the City Manager and City Clerk to execute the agreement on behalf of the City. The developers, Cherokee Retail Association, have submitted a final parcel map to the City for approval. Current plans call for the construction of an Orchard Supply Hardware Store on Parcel 2. In order to accommodate this construction, an existing 8 -inch water main located in the 10 -foot public utility easement on Parcel 2 will have to be abandoned and relocated. The developer has furnished the City with the improvement plans, the necessary easement agreements, guarantees, insurance certificates, and fees for the water main relocation. ORDINANCE INTRODUCED AUTHORIZING DELIVERY OF UNCLAIMED BICYCLES AND TOYS FOR "THE MAYOR'S ANNUAL CHILD SHARE PROGRAM" ORDINANCE NO. 1523 INTRODUCED CC -6 Last year, the Lodi Service Center, working in conjunction with the Lodi Salvation Army Service Extension Committee requested and received all unclaimed bicycles and toys held by the Lodi Police Department, in lieu of selling them at auction. This program is known as "The Mayor's Annual Holiday Child Share Program". The items were distributed to underprivileged children. A similar request has been made again this year. If the Council deems it appropriate, Welfare and Institutions Code §217 can be utilized to authorize delivery of the toys and bicycles to these organizations for distribution. The City Council introduced Ordinance No. 1523 entitled, "An Ordinance of the Lodi City Council Authorizing Delivery of Unclaimed Bicycles and Toys for the Mayor's Annual Holiday Child Share Program". 400 v Continued September 18, 1991 COMMENTS BY CITY COUNCIL MEMBERS The following comments were received under the "Comments by City Council Members" segment of the agenda: RECOGNITION OF CONSERVATION EFFORTS BY CITIZENS URGED CC -183(d) Mayor Hinchman advised the City Council that he had received a letter suggesting that the City give positive recognition of citizens' efforts to conserve water. RETENTION OF CLASS 3 FIRE RATING BY CITY OF LODI APPLAUDED CC -112 Mayor Hinchman advised that the City of Lodi had just received word that it has retained its Class 3 fire rating and acknowledged the efforts of the Fire Department and other City departments responsible for the City receiving this very favorable rating. REQUEST TO INCLUDE COUNTY REPRESENTATIVES IN FUTURE DISCUSSION REGARDING THE MOKELUMNE RIVER CC -16 Council Member Snider asked that when the subject of the CC -184 Mokelumne River is agendized for a future City Council meeting that representatives of the County be included in this discussion. COMMUNITY URGED TO ATTEND LODI GRAPE AND WINE FESTIVAL Mayor Hinchman urged all citizens of this community to attend the Annual Lodi Grape Festival and Harvest Fair being held September 19-22, 1991. INQUIRY REGARDING SECURITY GUARD AT GREYHOUND BUS DEPOT WHEN IT IS CLOSED CC -16 Following an inquiry by Council Member Pennino, he was CC -50(b) advised that Greyhound Bus Lines is not required to have a security guard on duty when the depot is closed. 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: 0 Continued September 18, 1991 40 VFW REQUESTS PERMISSION TO PLACE PATRIOTIC RIBBONS AROUND TREES IN DOWNTOWN AREA CC -6 Mr. Harold Klein, speaking on behalf of the Veterans of CC -70 Foreign Wars, Lodi Post 1968 requested permission to place patriotic ribbons around trees in the downtown area from September 20, 1991 through September 28, 1991 in remembrance of those who have given their lives and those who are missing in action in the service of their Country. Mr. Klein was asked to contact the Public Works Department to obtain a no -cost Encroachment Permit. CONCERNS EXPRESSED REGARDING INTERSECTION OF HALE ROAD AND CHEROKEE LANE CC -16 Regina Ortiz, 621 East Hale, Road, Lodi; Muzaffar Kahn, 439 CC -45(a) Murray Street, Lodi; Marla Donovan, 827 Lloyd Street, Lodi; CC -48(a) and Kathy Ramirez, 621 Hale Road, Apt. 19, Lodi addressed CC -48(b) the City Council expressing their concerns regarding the intersection of Hale and Cherokee Lane and asked that Council do whatever is necessary to make this a safer intersection for pedestrians to cross. It was pointed out that the agenda for the Shirtsleeve Session of October 8, 1991 is a tour of Cherokee Lane, at which time the City Council will review the matter. COMPLAINTS RECEIVED REGARDING INSTALLATION OF A SCOREBOARD AT KOFU PARK CC -16 Clifford Nitschke, 62 South Corinth Avenue, Lodi; Erwin CC -27(c) Rall, 1401 Cardinal Street, Lodi; and Gary Long, 1339 Cardinal Street, Lodi addressed the City Council complaining about the recent installation of a scoreboard at Kofu Park. The matter was referred to staff. PUBLIC HEARINGS PREZONING OF 1081 EAST STATE ROUTE 12 (COUNTY ADDRESS) AKA APN 027-040-14 FROM GA -40, GENERAL AGRICULTURE TO C -S COMMERCIAL SHOPPING CENTER ORDINANCE NO. 1524 CC -53(a) Council Member Snider asked to abstain on the following CC -149 matter because of a possible conflict of interest. Notice thereof having been published according to law, an affidavit of which publication is on file in the office of 4 02Continued September 18, 1991 the City Clerk, Mayor Hinchman called for the public hearing to consider the Planning Commission's recommendation to approve the request of Browman Development Company on behalf of Manuel A. and Jane Hughes to prezone 1081 East State Route 12 (County address) AKA APN 027-040-14 from GA -40, General Agriculture to C -S, Commercial Shopping Center. Community Development Director Schroeder introduced the matter advising that at its meeting of September 4, 1991 the City Council introduced Ordinance No. 1520 which prezoned 801 East State Route 12 (APN 027-040-30) and 901 East State Route 12 (APN 027-040-29) (i.e. northeast corner of Kettleman Lane and Lower Sacramento Road) to C -S, Commercial Shopping as requested by A. and 0. Anagnos, et al and Charles A. Wentland. The request of Browman Development Co. is to add the approximately one acre Hughes parcel to the Anagnos-Wentland development. The Hughes parcel contains a single-family residence. Mr. Schroeder presented a diagram of the subject area and responded to questions as were posed by members of the City Council. Speaking in support of the recommendation was Attorney -at -Law Ron Stein representing the proponents of the matter. There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. On motion of Mayor Pro Tempore Pinkerton, Pennino second, the City Council introduced Ordinance No. 1524 entitled, "An Ordinance of the Lodi City Council Amending the Official District map of the City of Lodi and Thereby Prezoning the Approximately One Acre Parcel Located at 1081 East State Route 12 (County Address) AKA APN 027-040-14 from GA -40, General Agriculture to C -S, Commercial Shopping Center". The motion carried by the following vote: Ayes: Council Members - Pennino, Pinkerton, Sieglock and Hinchman (Mayor) Noes: Council Members - None Abstain: Council Members - Snider Absent: Council Members - None 10 Continued September 18, 1991 4-03 PUBLIC HEARING REGARDING NOTICE OF PUBLIC NUISANCE AND ABATEMENT ORDER - 217 EAST LOCKEFORD STREET, LODI CC -24(c) 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 regarding the appeal of Notice of Public Nuisance and Abatement Order dated August 15, 1991 regarding property located at 217 East Lockeford Street, Lodi. Community Development Director Kahn advised the City Council that on August 15, 1991 the Fire Department issued a Notice of Public Nuisance and Order to Abate for a structure located at 217 East Lockeford, Lodi. This Notice was the result of an inspection and determination made by the Fire Marshal that the building was a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. Attorney -at -Law John C. Pyle, who is representing Mr. Muzaffar Kahn, the owner of the property, contacted the Fire Marshal and indicated that Mr. Kahn was in agreement that the building showed signs of instability. During this conversation, Mr. Pyle conveyed that Mr. Kahn was considering the removal of the second story in hopes of saving the first story. Mr. Pyle indicated that because the provisions of the Notice of Public Nuisance and Order to Abate did not allow Mr. Kahn sufficient time to evaluate the alternatives, he would file an appeal. The Fire Marshal advised Mr. Pyle to have Mr. Kahn contact the Building Department and arrange for a special inspection in order to determine the feasibility of saving the structure by removal of the second story. As of September 6, 1991, there has been no request for such an inspection by Mr. Kahn or Mr. Pyle. On September 9, 1991, the Fire Marshal requested that the Building Department inspect the building to determine if the building can be saved by removal of the second story. Building Inspector Jim Siemers conducted the inspection and determined that the reason the building had shifted was because the second story is supported by an interior wall having no foundation and the second story floor joist were installed in a manner that would allow them to rotate. Mr. Siemers stated that if the first story was to be saved, that a foundation would be required and that architectural and structural engineering plans would be required. The Fire Department is agreeable to any solution that abates or corrects the substandard and hazardous condition. 11 N/ ontinued September 18, 1991 Mr. Schroeder also presented slides depicting the deficiencies of the subject property. Speaking on behalf of the appeal were: 1) Mr. John Pyle, Attorney -at -Law, 104 North School Street, Suite 209, Lodi; and 2) Mr. Muzaffar Khan, 439 Murray Street, Lodi. Speaking against the appeal was Virginia Lahr, 311 East Elm Street, Lodi. There being no other persons wishing to address the Council regarding the matter, Mayor Hinchman closed the public hearing. Following discussion with questions being directed to staff and to those who had given testimony, the City Council, on motion of Mayor Pro Tempore Pinkerton, Hinchman second, denied the appeal. Y PLANNING COMMISSION City Manager Peterson presented the following Planning REPORT Commission Report of the Planning Commission Meeting of September 9, 1991: CC -35 The Planning Commission - ITEMS OF INTEREST a. Took the following actions on requests of California Waste Recycling System, Inc.: 1. Conditionally approved a Use Permit to operate a recycling processing center and truck terminal at 400 South Beckman Road in an area zoned M-2, Heavy Industrial. 2. Certified the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above project. b. Conditionally approved the request of Dillon Engineers n behalf of Interlake Inc., DBA Lodi Fab Industries, Inc. for a lot line adjustment between 903 and 1030 South Sacramento Street in an area zoned M-2, Heavy Industrial. C. Conditionally approved the request of Lodi Development Inc. to create two lots from one lot at 2480 Maggio Circle in an area zoned M-2, Heavy Industrial. d. Conditionally approved the request of J. Jeffrey Kirst for a resubdivision of the parcels at 2410 Cochran Road and 814 12 Continued September 18, 1991 405' V South Community Drive (a portion of Alder Place Subdivision) in an area zoned R -CP, Residential -Commercial -Professional. e. 1. Denied the request of Jim Jacobson on behalf of KJK Partnership to reduce the required sideyard setback for a dwelling from 5 feet to 4 feet and to reduce the required lot width from 40 feet to 32 feet at 720 North Pleasant Avenue in an area zoned R -1E, Residential Single -Family - Eastside. 2. The applicant withdrew a related tentative map request for this property. f. Conditionally approved the request of Donald Dalrymple to reduce the rearyard setback to permit an addition to an existing garage at 708 West Alicante Drive in an area zoned R-2, Single -Family Residential. g. Conditionally approved the request of Baumbach & Piazza Engineers to reduce the frontyard setbacks on Lots 6, 7, 8 and 14 at 2041 South Cherokee Lane (a portion of Century Park Unit No. 3) in an area zoned PD(19), Planned Development District No. 19. h. Conditionally approved the request of Claude C. Wood Co. for a 16 -month extension of a Use Permit for a temporary office trailer located at 636 East Lockeford Street in an area zoned M-2, Heavy Industrial. COMMUNICATIONS (CITY CLERK) CLAIMS CC -4(c) On motion of Mayor Hinchman, Pennino second, the City Council denied the following claims and referred them back to the City's Contract Administrator, Insurance Consulting Associates, Inc.: a) Gary G. Brandt, Date of loss, 7/21/91; b) Norris J. Peterson, Date of loss 7/18/91; and c) Frank Stoaks, Date of loss 7/20/91. 13 496 Continued September 18, 1991 REGULAR CALENDAR INTRODUCTION OF "RIGHT TO FARM" ORDINANCE ORDINANCE NO. 1519 CC -6 The City Council was advised that this matter has been CC -27(a) continued from the August 21, 1991 Council meeting at the CC -149 request of the Lodi Board of Realtors. At that time, Alan Baker, spokesperson for the organization indicated that he had not had sufficient opportunity for input from realtors to take a formal position. One of the main points of concern discussed at the previous meeting was whether the ordinance should apply to all property in the City or be limited to areas in closer proximity to farming operations. The City Attorney presented a draft which contains language applicable to all parts of town. However, if the Council desires, Section 8.18.020 (3) could be amended to read as follows: "Property" shall mean any real property inside the City Limits of Lodi located within 500 feet of any agriculturally -zoned property, whether such agricultural property is located inside the City Limits or not. While this approach would still require that the boundaries of the ordinance's applicability be redrawn with each annexation, it would be a fairly easy process to do if based on agricultural "zoning" instead of agricultural "use". The following information was provided by the City Attorney at the August 21, 1991 City Council meeting regarding this matter. On July 2, 1991, the City Council at a shirtsleeve session considered the first draft of a "Right To Farm" ordinance. The purpose of this type of ordinance is to discourage nuisance lawsuits against farming operations brought by other property owners or tenants. This would be accomplished by requiring notice and disclosure of agricultural operations when property is bought and/or sold. Similar ordinances are now in place in other cities such as Manteca and Stockton. Such an ordinance was first proposed by the Mayor's Task Force on Measure A in its July 1987 report. That proposal was made a part of the Conservation Element (Page 7-4) of the recently adopted General Plan wherein it was stated: 14 Continued September 18, 1991 "The City shall ordinance agricultura brought by adopt a "Righ purpose of from nuis landowners. for the 1 land surrounding J67 t To Farm" protecting ance suits 11 The draft ordinance has been modified as suggested at the shirtsleeve session to make it clear that it would apply to all property located within the City, not just that which is adjacent to agricultural land. In retrospect, this may be the better approach since it could be difficult to otherwise determine which properties were or were not subject to the disclosure requirements. As further directed by the City Council, the draft ordinance was provided to the Farm Bureau of San Joaquin County and to the Lodi Board of Realtors for comment. The Farm Bureau endorses the ordinance, while the real estate industry is less favorable. It was suggested by real estate broker Ben Schaffer that if the ordinance is to be adopted, it be modified to specify that it applies only to (for example) properties "within five hundred feet of" or "abutting" present agricultural operations. One drawback to this latter approach is that the boundaries of its applicability would be continually changing as parcels of agricultural land develop. However, any of these approaches appear feasible. Although the or actually requires the case of an be included in t document would b this would be a exists. dinance itself is the filing existing house, he title package be part of the somewhat greater appears lengthy, what it of a single document. In this document would simply On new construction, the permit file. Admittedly, paperwork burden than now Addressing the City Council regarding the matter were: a) Rose Marie Mendonca, 18437 East Collier Road, Lodi; and b) Ken Boyd, Schaffer, Suess, and Boyd Realtors, 114 North Church Street, Lodi. Following discussion with questions being directed to the City Attorney and to those who had addressed the City Council on the matter, the City Council on motion of Council Member Sieglock, Hinchman second, introduced Ordinance No. 1519 entitled, "An Ordinance of the Lodi City Council Adding Chapter 8.18 to the Lodi Municipal Code Regarding Notice of Agricultural Operations Affecting Other Property". The motion carried by unanimous vote of the City Council. 15 408 V Continued September 18, 1991 APPEAL OF OFF-SITE IMPROVEMENT REQUIREMENT FOR 642 NORTH CLUFF AVENUE CC -6 The City Council was advised that on June 18, 1991, CC -44 Construction Application #3534 was submitted for the construction of a cellular communications tower at 642 North Cluff Avenue, Lodi, California. This parcel is zoned industrial and is currently occupied by a single-family dwelling. The tower was to be erected on a 30 x 45 foot plot in the southeast corner of the parcel. The plot was leased by Cellular One from the homeowners, Mr. and Mrs. Theron Kettelman. Access to the leased plot would be provided by an existing driveway on the north side of the dwelling. The Public Works Department issued comments on the construction application on July 11, 1991. A copy of those comments were presented for Council's review. Since the value of the proposed improvements was greater than $14,100, off-site improvements were required pursuant to Chapter 15.44 of the Lodi Municipal Code. An appeal to the off-site improvement requirements has been received from Cellular One on behalf of the Kettelmans. Discussions between Mr. staff indicate they a sidewalk repairs and p like the requirement o - system waived. This requirements for septic fees. Fred Wink of Cellular One and City e willing to make the requested y the storm drain fees, but would connecting to the sanitary sewer would also eliminate the related tank abandonment and reimbursement Mr. Jeff Stern, representing Cellular One, 1750 Howe Avenue, Sacramento, California addressed the City Council speaking on behalf of the appeal. Mr. Stern responded to questions as were posed by members of the Lodi City Council. Following discussion, on motion of Council Member Snider, Sieglock second, the City Council granted the appeal of the off-site improvement requirement of connecting to the sanitary sewer system at 642 North Cluff Avenue, Lodi. This would also eliminate the related requirements for septic tank abandonment and reimbursement fees. Cellular One has agreed to make the requested sidewalk repairs and pay the storm drain fees. 16 Continued September 18, 1991 409 "NO PARKING" ZONE PROPOSED ON SACRAMENTO STREET, LODI AVENUE TO TOKAY STREET AND NARROW STREET STUDY CC -48(a) The City Council was advised that at a past meeting, the City Council requested the Public Works Department study Sacramento Street from Lodi Avenue to Tokay Street for a "no parking" zone due to the narrow street width. During this discussion it was indicated that this request should be considered in comparison to other narrow streets. The problems generally associated with narrow streets are congestion and accidents. Congestion occurs when vehicles parked on -street create travel ways that are insufficient in width to allow opposing traffic to pass each other simultaneously. On short streets with low volumes this rarely occurs. This congestion worsens as traffic volumes and block lengths increase. Mid block accidents that occur under narrow street conditions are usually sideswiping and rear ending of parked vehicles as well as backing accidents from private driveways. (Intersection accidents are not considered here.) The following study included all two-way streets with a width of 30 feet or less. This width does not provide sufficient room for two parking and travel lanes. Street widths indicated in this study are between gutter toes (actual pavement width) as these dimensions are readily available from the pavement maintenance database. Curb -to -curb widths would generally add 2.5 feet to these toe -to -toe widths. Existing one-way streets are shown for information only. For clarity, these areas have been grouped into areas one through five. In addition to street widths, the existing conditions in the area, available accident data and traffic volumes were also considered in the study. As a reference point, the City's Design Standards call for a minimum curb -to -curb width of 34 feet for cul-de-sac streets and other minor streets with a daily traffic of 500 vehicles or less. Existing Conditions Land use on these streets, with the exception of portions of School Street and Sacramento Street, is primarily residential. Land use on School Street from Lodi Avenue to Chestnut Street is commercial. Land use on Sacramento Street from Lodi Avenue to Tokay Street is a mix of commercial, industrial and residential. The speed limit on all of the streets in this study is 25 mph. Daily traffic volume ranges on these streets are shown on the appropriate exhibits. At locations where volumes are not known, estimates have been provided. 17 4 1 O Continued September 18, 1991 \4' ° Accident History Available accident records, from 1987 through June 1991, indicate that in some areas narrow street conditions are contributing to types of accidents not normally found on streets of greater widths. The types of accidents observed related to narrow streets are parked vehicles being sideswiped or rear ended and broadsided by vehicles backing unsafely from private driveways. A few head-on accidents were also observed. A breakdown of accidents related to narrow street widths by area is shown below. *This does not include accidents on Lee Avenue and Pleasant Avenue since they are already one-way. Note that these are totals for the subarea. Since area five is much larger and has more streets, the totals are higher. Based on Exhibits B through F presented for study, the most accidents are occurring on streets with higher volumes. Although on -street parking was not quantified, it is known that it is high in the southeast (area five). There are basically two alternatives to improve the overall traffic circulation on narrow streets. Both alternatives will require the removal of some on -street parking. The alternatives and their advantages and disadvantages are described below. ALTERNATIVE A - Continued two-way traffic movement with the removal of on -street parking from one or both sides depending on street width. Advantages. : Shy ouid reduce congestion ° Should reduce certain accidents (side swipe, head-on, intersection) ° Does not alter traffic patterns Improved sight distance at intersections and driveways Disadvantages: Eliminates on -street parking (residents and businesses may oppose) ° May increase speeds 18 Accident Type Area Sideswi a/Rear-end Unsafe Backing Head-on Total T— 10 2 1 —n- 2 8 3 0 11* 3 0 0 0 0 4 0 2 0 2 5 42 23 1 66 Total 60 30 2 92 *This does not include accidents on Lee Avenue and Pleasant Avenue since they are already one-way. Note that these are totals for the subarea. Since area five is much larger and has more streets, the totals are higher. Based on Exhibits B through F presented for study, the most accidents are occurring on streets with higher volumes. Although on -street parking was not quantified, it is known that it is high in the southeast (area five). There are basically two alternatives to improve the overall traffic circulation on narrow streets. Both alternatives will require the removal of some on -street parking. The alternatives and their advantages and disadvantages are described below. ALTERNATIVE A - Continued two-way traffic movement with the removal of on -street parking from one or both sides depending on street width. Advantages. : Shy ouid reduce congestion ° Should reduce certain accidents (side swipe, head-on, intersection) ° Does not alter traffic patterns Improved sight distance at intersections and driveways Disadvantages: Eliminates on -street parking (residents and businesses may oppose) ° May increase speeds 18 Continued September 18, 1991 411 Cost of additional "no parking" signing May increase speed -related accidents (although the net change should be a decrease in accidents) ALTERNATIVE B - One-way traffic movement with some removal of on -street parking required depending on street width. One-way streets should be implemented at locations with two or more parallel streets. Advantages: Should hould reduce congestion ° Allows on -street parking for street widths greater than 26 feet ° No opposing traffic conflict ° Should reduce vehicle/pedestrian conflicts ° Should reduce accidents (head-on, pedestrian, intersection) ° Improved sight distance at intersections and driveways Disadvantages: May a iminate on -street parking for street widths less than 26 feet ° Alters traffic patterns ° Confusion for nonresidents ° Disregard of signing (especially in low volume areas) ° May increase speeds and speed related accidents ° May increase emergency vehicle response time ° Increases travel time and distance, fuel consumption, etc. ° Additional cost for signing In 1985 a public hearing was held regarding a proposed one-way street system in the cannery area. No action was taken by Council at that time. If Council chooses to set a public hearing regarding this matter, a thorough study should be prepared for all the areas specified by Council. The study will include a proposed layout, survey of on- and off-street parking, costs relating to necessary modifications, detailed land use, and other applicable data. In addition, affected agencies such as the Fire and Police Departments will be asked for their response on this matter. Staff recommends that the study be limited to areas with accident problems. This would be a significant staff effort and the time frame priority should be discussed. Sacramento Street From an accident standpoint, Sacramento Street between Lodi Avenue and Tokay Street is no worse than at least six other streets included in this study. One significant difference is the adjacent land use. Eliminating parking on the east side would not affect any residences. The land use on the east side consists of mostly industrial uses, Maple Street 19 241 LContinued September 18, 1991 Square and two residences. Appropriate notification is being made such that Council may take action on this street at the September 18 meeting. Addressing the City Council regarding the matter were: a) Traver Martin, 712 South Hutchins Street, Lodi; b) Phil Muller, 1400 Edgewood Drive, Lodi; and c) Jim Monroe, 1775 Kennison, Lodi. Following discussion with questions being directed to staff and to those who had given testimony, the City Council on motion of Council Member Snider, Pinkerton second, determined to take no action on the matter. REQUEST FOR PROPOSAL FOR CITY'S TELEPHONE SYSTEM UPGRADE APPROVED r CC -6 The City Council was advised that the Request for Proposal CC -12(d) for the City's telephone system upgrade, as prepared by CC -47 Northern California Communications Network, will provide the equipment and services necessary to upgrade the City's telephone system to a much needed capacity. Items to be bid upon include the following. . upgrade main switch in the Public Safety Building; . install a new PBX at the Municipal Service Center; • voice mail; . key systems for White Slough, Parks & Recreation, and Hutchins Street Square; and . maintenance contract for entire phone system Following discussion with questions being directed to staff, the City Council, on motion of Council Member Pennino, Sieglock second, approved the Request for Proposal for the City's telephone system upgrade and authorized dissemination of the Request for Proposal to interested parties. PLANS AND SPECIFICATIONS FOR BIDS OF DBCP TREATMENT UNIT AT WELL #16, CENTURY BOULEVARD AND WID CANAL APPROVED CC -12.1(c) The City Council was advised that this project will install a state mandated granular activated carbon (GAC) filter system at Well #16. This filter system will remove DBCP to levels established in the state safe drinking water standards. ric Continued September 18, 1991 4.13 The State Department of Health Services has given the City of Lodi an April 1992 deadline to have one filter system installed and in operation. The design of the remaining filter units for the other "contaminated" wells will begin after the first system is in operation. On motion of Mayor Hinchman, Pinkerton second, the City Council approved the plans and specifications for DBCP Treatment Unit at Well #16, Century Boulevard and WID Canal, and authorized advertising of bids thereon. Public Works Director Ronsko provided the City Council with an update to remove DBCP to levels established in the State Safe Drinking Water Standards, new regulations being imposed, and the status of various wells in the City of Lodi. ORDINANCES ORDINANCE PREZONING 801 EAST STATE ROUTE 12 AND 901 EAST STATE ROUTE 12 FROM GA -40 TO C -S ORDINANCE NO. 1520 ADOPTED CC -53(a) Council Member Snider abstained from discussion and voting CC -149 on this matter, because of a possible conflict of interest. Ordinance No. 1520 entitled, "An Ordinance of the Lodi City Council Amending the Official District Map of the City of Lodi and Thereby Prezoning the Parcels at 801 East State Route 12 (APN 027-040-30) and 901 East State Route 12 (APN 027-040) (i. e. Northeast Corner of Kettleman Lane and Lower Sacramento Road) from GA -40, Agriculture to C -S, Commercial Shopping Center" having been introduced at a regular meeting of the Lodi City Council held September 4, 1991 was brought up for passage on motion of Mayor Pro Tempore Pinkerton, Hinchman 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: Ayes: Council Members - Pennino, Pinkerton, Sieglock, and Hinchman (Mayor) Noes: Council Members - None Abstain: Council Members - Snider Absent: Council Members - None 21 4Nl ontinued September 18, 1991 ORDINANCE ESTABLISHING A GROWTH MANAGEMENT PLAN FOR RESIDENTIAL GROWTH DEVELOPMENT ORDINANCE NO. 1521 ADOPTED CC -5 Ordinance No. 1521 entitled, "An Ordinance of the Lodi City CC -117 Council Establishing a Growth Management Plan for CC -149 Residential Development" having been introduced at a regular meeting of the Lodi City Council held September 4, 1991 was brought up for passage on motion of Mayor Hinchman, Pennino second. Second reading of the ordinance was omitted after reading by title, and the ordinance was then adopted and ordered to print by unanimous vote of the City Council. ORDINANCE ADOPTED AMENDING THE CITY'S EXCLUSIVE FRANCHISE FOR WASTE DISPOSAL SERVICE ORDINANCE NO. 1522 ADOPTED ` CC -22(b) Ordinance No. 1522 entitled, "An Ordinance of the Lodi City CC -149 Council Amending the City's Exclusive Franchise for Waste Disposal Services having been introduced at a regular meeting of the Lodi City Council held September 4, 1991 was brought up for passage on motion of Mayor Pro Tempore Pinkerton, Hinchman second. Second reading of the ordinance was omitted after reading by title, and the ordinance was then adopted and ordered to print by unanimous vote of the City Council. CLOSED SESSION REGARDING LABOR RELATIONS CC -200(a) At approximately 10:40 p.m., the City Council adjourned to Closed Session regarding labor relations. At approximately 11:45 p.m., the City Council reconvened to Regular Session. No formal action was taken by the City Council regarding the matter. ADJOURNMENT There being no further business to come before the City Council, Mayor Hinchman adjourned the meeting at approximately 11:45 p.m. ATTEST: �(—U� �%'I jicr=�� Alice. M. Reimche City Clerk 22 City Council, City Of Lodi Carnegie Forum, 305 West Pine Street Wednesday, October 2, 1991 7:00 P.M. May be found on page 452 Following October 16, 1991 Meeting.