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HomeMy WebLinkAboutMinutes - July 19, 1989427 Agenda item E-9, entitled, "Police Department Computer" was removed from the Consent Calendar and discussed under the Regular Calendar. CLAIMS CC -21(a) Claims were approved in the amount of $1,070,275.74. MINUTES The Minutes of June 21, 1989 and June 27, 1989 were approved as written. DEVELOPMENT AGREEMENT FOR 1301 EAST VINE STREET APPROVED CC -46 The City Council approved the Development Agreement for 1301 East Vine Street and directed the City Manager and City Clerk to execute the agreement on behalf of the City. 1 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, JULY 19, 1989 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Olson, Reid, Pinkerton and Snider (Mayor) Absent: Council Members - None Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development Director/Deputy City Clerk Schroeder, Public Works Director Ronsko, and City Attorney McNatt INVOCATION The invocation was given by Pastor Darrell Thomas, First United Methodist Church. PLEDGE OF The Pledge of Allegiance was led by Mayor Snider. ALLEGIANCE PRESENTATIONS HAND -CARVED CITY SEAL PRESENTED TO COUNCIL BY CITIZEN RONSKO CC -23 Citizen Jack Ronsko presented the City Council with a beautiful hand carved replica of the City seal which will be placed in the Council Chambers of the Carnegie Forum. GREAT MOKELUMNE DUCK RACE ANNOUNCED CC -188 Steve Raddigan passed out paper towels and ducks in his CC -38 introduction of the announcement of the Great Mokelumne Duck Race which is being held at 12:00 noon on Wednesday, July 26, 1989 at the Fairmont Medical Building to raise funds for the Lodi Boys' and Girls' Club. CONSENT CALENDAR Mrs. Janet Pruss, 2421 Diablo Drive, Lodi addressed the City Council stating that she did not feel that the Minutes of the City Council Meeting of June 21, 1989 accurately reflected her comments regarding the holding of future 4th of July Fireworks displays in the Lodi Grape Bowl. In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Olson, Hinchman second, approved the following items hereinafter set forth. Agenda item E-9, entitled, "Police Department Computer" was removed from the Consent Calendar and discussed under the Regular Calendar. CLAIMS CC -21(a) Claims were approved in the amount of $1,070,275.74. MINUTES The Minutes of June 21, 1989 and June 27, 1989 were approved as written. DEVELOPMENT AGREEMENT FOR 1301 EAST VINE STREET APPROVED CC -46 The City Council approved the Development Agreement for 1301 East Vine Street and directed the City Manager and City Clerk to execute the agreement on behalf of the City. 1 429 Continued July 19, 1989 The City Council was advised that MCP Investments, the developer of this property, has furnished the City with the improvement plans, the necessary agreements, guarantees, insurance certificates, and fees for the proposed development. This development is located at the northwest corner of Vine Street and Guild Avenue and contains six industrial lots. FINAL MAP AND SUBDIVISION AGREEMENT FOR GRIFFIN INDUSTRIAL PARK APPROVED CC -46 The City Council approved the final map for Griffin Industrial Park and directed the City Manager and City Clerk to execute the subdivision agreement and map on behalf of the City. The City Council was advised that Griffin Industrial Park, a general partnership, the developer of this subdivision, has furnished the City with the improvement plans, the necessary agreements, guarantees, insurance certificates, and fees for the proposed subdivision. The subdivision is located at the northwest corner of Lodi Avenue and Guild Avenue and contains 45 heavy industrial lots. AMENDED SALARY RANGE FOR SERVICES DIVISION SUPERVISOR CLASSIFICATION RES. No. 89-84 The City Council adopted Resolution No. 89-84 adjusting the salary range for the mid -management classification of CC -34 Services Division Supervisor effective July 10, 1989. CC -300 The salary range will be adjusted effective the pay period starting January 8, 1990 to coincide with increases received by other mid -management classifications. PUBLIC HEARING SET TO REVIEW COST REPORT OF CITY WEED ABATEMENT PROGRAM FOR 1989 CC -24(b) The City Council set a public hearing for the regular Council meeting of August 16, 1989 to receive a report of the cost of abatement of weeds on parcels located in the City and to hear any objections of the property owners liable to be assessed for the abatement. Council was reminded that several months ago the Council initiated weed abatement proceedings on various parcels throughout the City. According to the Government Code of the State of California legal noticing, including letters to the subject property owners, publications and postings were made regarding the matter. Public hearings regarding the program were conducted by the City Council. Ultimately, the City abated weeds on the following parcels: 1. 653 East Pine Street, Lodi, APN 043-210-46 2. 508 South Central Avenue, Lodi, APN 047-342-03 3. 713 South Sacramento Street, Lodi, APN 045-240-07 2 Continued July 19, 1989 429 The Government Code provides that the City Council shall set a public hearing to receive a report of the cost of abatement in front of or on each separate parcel of land where the work was done by the City. At the time fixed for receiving and considering the report, the legislative body shall hear it with any objections of the property owners liable to be assessed for the abatement. After confirmation of the report by the Council, a copy shall be forwarded to the County Assessor and Tax Collector who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. SPECIFICATIONS FOR TYPE II SLURRY SEAL FOR VARIOUS CITY STREETS, 1989 APPROVED CC -12.1(c) The City Council 'approved the specifications for Type II Slurry Seal for Various City Streets, 1989 and authorized the advertising for bids thereon. PURCHASE OF ONE 185CFM PORTABLE AIR COMPRESSOR APPROVED Res. No. 89.85 The City Council adopted Resolution No. 89-85 approving the purchase of one 185 CFM portable air compressor from the CC -12(d) low bidder, Cen-Cal Machinery of Fresno, in the amount of CC -300 $13,088.88. This air compressor is part of the equipment needed by the Water/Wastewater Division for the water meter crew and was approved by the City Council on January 18, 1989, under the two-year Water Capital Improvement Program. Specifications for the compressor were approved by the City Council on June 21, 1989. Bids were opened on July 11, with the following results: Cen-Cal Machinery, Fresno $13,356.00 (less 2% if paid within 10 days, _ $13,088.88) Action Equipment, Stockton $13,310.00 (Terms Net 25) Edward R. Bacon Co., Sacramento $14,171.57 (less 5% if paid within 21 days, _ $13,462.99) Funds were budgeted for this piece of equipment in the 1988/89 budget. AGENDA ITEM E-9 POLICE DEPARTMENT COMPUTER REMOVED FROM THE CONSENT CALENDAR AND PLACED ON REGULAR CALENDAR **************************************** COMMENTS BY CITY COUNCIL MEMBERS The following comments were received under the "Comments by City Council Members" segment of the agenda: COUNCIL TO SCHEDULE WALKING TOUR OF SACRAMENTO STREET CC -13 Following an inquiry by Mayor Pro Tempore Hinchman, City CC -45 Manager Peterson indicated that the September 12, 1989 CC -72 "Shirtsleeve" Session would be devoted to a walking tour of Sacramento Street. 430 Continued July 19, 1989 CONCERNS REGARDING PEOPLE ACCESSING THE MOKELUMNE RIVER CC -16 Mayor Snider expressed concern about people accessing the Mokelumne River via a road or pathway at the east end of the Mokelumne Village East Subdivision, located at the northwest corner of State Route 99 and Turner Road. The City Manager indicated the Public Works Director and Community Development Director would review this problem. 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: CONCERN EXPRESSED ABOUT PEOPLE ACCESSING THE MOKELUMNE RIVER THROUGH LODI LAKE PARK AND THE WILDERNESS AREA CC -16 Frank Alegre, 2000 Edgewood Drive, expressed concern about people accessing the Mokelumne River through Lodi Lake Park and the wilderness area and the liability the City has if these people are injured. PUBLIC HEARINGS REGULATION OF COMMERCIAL VEHICLE TRAVEL AND PARKING IN RESIDENTIAL_ AREAS CC -48(a) Notice thereof having been published according to law, an CC -45(a) affidavit of which publication is on file in the office of the City Clerk, Mayor Snider called for the Public Hearing to consider amending the Lodi Municipal Code Chapter 10.52 relating to regulation of commercial vehicle travel and parking in residential areas. The matter was presented by the City Attorney who advised the City Council that the subject ordinance which would regulate the parking of certain designated commercial vehicles on private property in residential zones has previously been considered in a similar form by the Council. At Council direction, the topic was referred to the Planning Commission for consideration and recommendation. At its meeting of May 22, 1989, the Planning Commission considered the proposed ordinance. It was recommended at that time that the weights specified in the ordinance be converted from tons to pounds, clarifying and simplifying a determination of whether or not a specific vehicle might be in violation of the ordinance. This ordinance has been on the drawing board for some time. It was first considered in response to complaints received by City staff of heavy commercial vehicles parked in residential neighborhoods, with the engines left running at unusual hours of the day. The purpose of the ordinance is also to reduce wear and tear on roadways designed primarily to handle passenger vehicles. Municipal Code Q10.52.050A, restricting the parking of certain commercial vehicles exceeding 5 tons on public streets is already on the books. The proposed ordinance would extend that regulation to private property as well. Continued July 19, 1989 431 The following memo from Assistant City Engineer Richard Prima contains examples of various types of commercial vehicles with their corresponding average weights. For example, a one -ton truck would probably weigh very near the limit imposed by the ordinance, while dump trucks, backhoes on trailers, and similar pieces of equipment would clearly fall within the statute. Exceptions are contained in the ordinance for the loading or unloading of such vehicles. TO: City Attorney FROM: Assistant City Engineer DATE: June 13, 1989 SUBJECT: Commercial Vehicle Parking in Residential Areas Ordinance Per your memo of May 24, 1989, the following discusses residential street design and provides a listing of gross vehicle weight ratings for various vehicles. Incidentally, I assume the ordinance will specify "maximum gross weight" which would be on the vehicle name plate in most cases. The weight should be specified in pounds, not tons to avoid any confusion over the definition of a "ton". Residential Street Design Street pavement structural design is based on the strength of the materials involved and the amount of traffic over the design period. This discussion only covers the traffic portion of the design. The empirical technique commonly used in California, including Lodi, uses a number called the Traffic Index (TI) to account for traffic. The TI for a residential street ranges from 4.0 for a cul-de-sac to 5.0 or more for a collector street. The Index is based on the number of 18,000 lb. Equivalent Axle Loads (EAL). A formula is used to convert actual axle loads to EALs. This formula is not linear; typical values are: Axle load (lbs) EAL 5,000 0.005 6,000 0.01 10,000 0.085 15,000 0.465 18,000 1.0 Using a 20 year design period, the total number of EALs for various TIs are: TI Total EALs 4.0 1,000 4.5 2,800 5.0 7,000 5.5 15,000 The following person spoke in opposition to the proposed ordinance: a) Frank Alegre, 2000 Edgewood Drive, Lodi b) Janet Pruss, 2421 Diablo Drive, Lodi The following persons spoke in favor of the proposed ordinance: a) Eileen St. Yves, 310 S. Orange Street, Lodi b) Roland Dietz, 313 Rutledge Drive, Lodi 5 432 Continued July 19, 1989 1 C) Clifton Wren 303 Cork Oak Way, Lodi d) Steve Kludt, 1105 S. South Pleasant There being no other persons wishing to address the Council on this matter, the public portion of the hearing was closed. Following a lengthy discussion with questions being directed to staff, the City Council, on motion of Mayor Pro Tempore Hinchman, Pinkerton second, returned the proposed ordinance to the staff for further research into truck weigh limits. PLANNING COMMISSION City Manager Peterson presented the following Planning REPORT Commission Report of the Planning Commission Meeting of July 10, 1989: CC -35 The Planning Commission - PLANNING COMMISSION RECOMMENDS FEASIBILITY STUDY ON FORMATION OF REDEVELOPMENT AGENCY FOR CITY OF LODI 1. Requested the City Council to hire a consultant to conduct a feasibility study on the formation of a Redevelopment Agency for the City of Lodi. On motion of Council Member Reid, Hinchman second, the City Council, by the following vote directed that an agenda item be placed on the agenda for the Regular Council Meeting of August 2, 1989 regarding the Planning Commission's recommendation to hire a consultant to conduct a feasibility study on the formation of a Redevelopment Agency for the City of Lodi. Ayes: Council Members - Hinchman, Olson, Reid, and Snider (Mayor) Noes: Council Members - Pinkerton Absent: Council Members - None OF INTEREST TO THE CITY COUNCIL The Planning Commission also 1. Conditionally approved the request of Lodi Development, Inc. for a Tentative Parcel Map for two lots at 2362 and 2378 Maggio Circle (APN's 062-410-11 and 12) in an area zoned M-2, Heavy Industrial. 2. Conditionally approved the request of Randall Heinitz for a Use Permit to demolish two condemned single-family units and replace them with a duplex at 3111 East Tokay Street, pA and #B, in an area zoned R-1*, Single -Family Residential (Eastside). 3. Elected Commissioner Harry Marzolf, Chairman, and Commissioner James Griffith, Vice -Chairman for the 1989-90 Fiscal Year. 6 Continued July 19, 1989 433 i� COMMUNICATIONS (CITY CLERK) CLAIMS CC -4(c) On recommendation of the City Attorney and ADJUSTCO, the City's Contract Administrator, the City Council, on motion of Mayor Pro Tempore Hinchman, Olson second, denied the following claim and referred it back to ADJUSTCO: Michael Lair and Michelle Lair, Date of Loss 12/11/88 ABC LICENSE APPLICATIONS CC -7(f) Deputy City Clerk Schroeder presented the following applications that had been received for an Alcoholic Beverage License: Frank Rivieccio, Pizza Plus, 100 North Cherokee Lane, #1, Lodi, On Sale Beer and Wine Eating Place License, Person to Person Transfer. REAPPOINTMENTS TO LODI LIBRARY BOARD OF TRUSTEES CC -2(d) On motion of Council Member Hinchman, Reid second, the City Council, by the following vote, concurred with the following reappointments by the Mayor to the Lodi Library Board of Trustees: LIBRARY BOARD 3 -YEAR TERM Sachiko A. Ishida Term expiring 6/30/92 Louise Zastr:.ow Term expiring 6/30/92 Ayes: Council Members - Hinchman, Olson, Reid, and Snider (Mayor) Noes: Council Members - Pinkerton Absent: Council Members - None SIGNIFICANTLY VIEW STATUS IN SAN JOAQUIN COUNTY SOUGHT FROM FCC BY KSCH-TX CC -7(f) Deputy City Clerk Schroeder presented a copy of a letter CC -137 from Fletcher, Heald, Hildreth, Attorneys -at -law, addressed to the Federal Communications Commission forwarding Petition for Declaratory Ruling, requesting that the Commission grant KSCH-TV significantly viewed status in San Joaquin County, California. PUC UPDATE ON INVESTIGATION REGARDING REVIEW OF TRANSMISSION LINES NOT EXCEEDING 200 KILOVOLTS CC -7(f) Deputy City Clerk Schroeder presented information that had been received from the Public Utilities Commission of the State of California regarding investigation on the Commission's own motion into the rules, procedures and practices which should be applicable to the Commission's review of transmission lines not exceeding 200 Kilovolts. 7 434 Continued July 19, 1989 CITIZEN EXPRESSES CONCERN REGARDING CONGESTION ON LODI AVENUE, PRIMARILY FROM HUTCHINS STREET TO FAIRMONT AVENUE CC -16 Following receipt of the following letter from Eileen M. St. Yves expressing concern regarding the congestion on Lodi Avenue, primarily from Hutchins Street to Fairmont Avenue, the matter was referred to staff: Honorable Mayor Snider, "With the opening of year around school for the middle and high schools, we have major conjestion on Lodi Avenue. Primarily from Hutchins to Fairmont. I feel the Council needs to address these needs soon. Since Taco Bell moved east to Rose, we have five exit and entries within a very short distance. Peak traffic periods are chaotic. Then we travel a very short distance west to Crescent, and again we have traffic trying to turn without the benefit of a turn lane or a turn light. Travel west to Kentucky Fried Chicken, and again traffic is trying to turn into this parking area for food and traffic school, creates additional chaos. Travel west to Orange, and still again traffic is attempting to turn into Fluffy Donut, Chop Chop, and Discount Liquor.' I have stopped using Lodi Avenue during these periods, because it will take as long as ten minutes to get through this area if you drive the speed limit. I feel with the high traffic volume of Lodi Avenue (17,000) daily the intersections with turn pockets have turn lights, and a two way turn lane be established west of Hutchins, and a turn pocket with a turn light at Crescent. Many a time Mrs. Olson has commented about the near accidents or accidents at Crescent. This is traffic trying to make turns without the benefit of a turn pocket or light. Mr. Ronsko has explained that the street parking in this area would be removed, to accommodate the smoother movement of traffic. I would like to see this item placed on the agenda soon, so interested parties may express their views." REGULAR CALENDAR NUMBER OF COMMISSIONERS ON LODI ARTS COMMISSION REDUCED CC -2(b) City Manager Peterson advised the City Council that the following letter had been received from the Lodi Arts Commission regarding a reduction in the number of persons serving on that body. "The Lodi Arts Commission liaison, Charlene Lange, has passed on to us your concern over the number of resignations the Commission has experienced. She also asked that we discuss the possibility of a reduction in the official number of members to serve on the Commission. We have discussed these matters, especially the resignations, because they directly affect the remaining Commissioners and we, too, are concerned. The numerous projects and undertakings of the Commission throughout the year require a great deal of time, and resignations invariably result in increased demands on the remaining Commissioners. Two recent resignations were a result of new members not being able to spend the time required. Continued July 19, 1989 435 We believe that the following suggestions would help prevent some resignations before terms are completed: 1. Applicants should be interviewed by someone from the City Clerk's office to try to determine the degree of commitment of an applicant and to try to insure that the various artistic disciplines are covered by the Commission. We feel Commission members should be willing to spend 100 to 150 hours a year on Commission projects and activities. 2. Applicants should read the Conflict of Interest Report before being appointed. At least one resignation was a direct result of an unwillingness to file the report. 3. Applicants should attend two Arts Commission meetings before being appointed so that they will better understand what we do and what the time demands are in being a Commissioner. 4. Applicants should be made aware of the City Council's unfavorable view of voluntary early termination of appointments. If the Commission could be assured that hard-working members would be appointed, we believe a reduced size might be reasonable, but preferably no fewer than twelve. It has been suggested that we use ad hoc committees made up of non -Commission members to work on projects. We have discussed this approach, but most of the members do not feel that they know enough people who would be willing to give the time necessary to accomplish this. We would be pleased to hear from you in regard to our mutual concerns and will appreciate your help in continuing to build a strong Arts Commission of dedicated members." The City Manager further advised that the Commission, at its regular meeting of July 11, 1989, took action to recommend to the City Council that the size of the Commission be reduced from 15 to 11. There are currently six vacancies on the Commission, so reducing the size as recommended would result in there being just two. Discussion followed with questions regarding the matter being directed to Staff and to Ms. Linda Vanden Bosch, Chairperson of the Lodi Arts Commission who was in the audience. On motion of Council Member Reid, Hinchman second, the City Council 'reduced the Commission membership from 15 to 11, and directed the City Clerk to post for vacancies. RECESS Mayor Snider declared a five-minute recess and the City Council reconvened at approximately 9:00 p.m. EAST TOKAY STREET DRIVEWAY PETITION CC -16 The City Council was advised that the City received the a CC -45(a) petition from 35 property owners in the area of East Tokay CC -45(b) Street asking the City, at its expense, to modify the street cross slope or the curb, gutter, and driveways to better provide access and to eliminate any problem with vehicles scraping the pavement or sidewalk. Due to scheduling conflicts on both parts, discussion has been delayed until this meeting. The problem with the cross slope on East Tokay Street was first brought to the City Council in 1987 by the staff when the City was determining how best to improve East Tokay 4lu 6 Continued July 19, 1989 Street between Stockton Street and Cherokee Lane with an asphalt overlay. Leona Miller, residing at 513 East Tokay Street, later brought her driveway problem to the Council's attention after the project was completed. The cause for the subject petition was created when the City notified the property owner of 442 East Tokay Street that the obstruction they recently placed in the gutter would have to be removed. The following is a description of that incident. On May 2, 1989, one of the City's Maintenance Workers observed a concrete obstruction being placed in the flow line of the curb and gutter on East Tokay Street. The Maintenance Worker, per our policies, informed his Supervisor who informed the Assistant Street Superintendent. The Street Superintendent went into the field and observed that a concrete obstruction had recently been placed in the curb and gutter in front of an apartment complex at 442 East Tokay Street. After determining the owner's name, he talked to the owner and indicated that an obstruction was not allowed by the City and that any work in the public right-of-way needed an encroachment permit and that the obstruction would have to be removed. That day, the Street Superintendent confirmed this requirement in writing by sending the following letter: "This is to advise you that the concrete and pipe placed in the driveway and gutter at 442 East Tokay Street is a violation of Chapter 12.04 of the Lodi Municipal Code. Copies of portions of that chapter are enclosed. We must ask that the concrete and pipe be removed by May 15, 1989: If the work is not completed by then, City forces will do the removal, and you will be billed for costs of labor and equipment. If you have any questions regarding this matter, please feel free to contact me at 333-6740." Upon receiving the letter, the owner called the Street Superintendent, who was out. The owner then came in to talk to the Public Works Director. The owner brought the City letter together with pictures of other similar violations in the immediate area. Upon checking out the information received, the Public Works Director wrote the property owner indicating that the concerns of the property owner had been reviewed and after reviewing the matter with the City Attorney, it was determined that the obstruction was an encroachment and in violation of the City Code and must be removed. The property owner was then given additional time to remove the encroachment. It was also determined by the City Attorney that because of the other similar encroachments brought to our attention, that those specific encroachments would have to be removed unless they were installed prior to our encroachment permit ordinance or unless they had an encroachment permit authorizing the installation. At the same time, the City received the following petition dated May 15. Enforcement of the encroachment violation was deferred until the petition could be heard by the City Council. "Honorable Mayor, Members of the Lodi City Council and Planning Commission. Circulation of this petition: Mrs. Irene Haynes, 105 West Vine Street, Lodi, California 95240. Telephone 334-4053. Irk Continued July 19, 1989 437 This petition is regarding the deep curve in the gutters along East Tokay Street. Over the years the streets have been paved over and over thus causing a deep curve between the street and the sidewalk. This becomes a problem every time one tries to enter and exit the driveway, their car bumper front and back bottom -out thus denting the car and in some cases cracking the sidewalk. In order to elevate this problem, many citizens have added a board or a concrete fill to the gutter and their driveway to be able to exit without damaging the sidewalk and their front and rear bumper. Another concern is that the traffic has increased to the point where taking a long time to exit the driveway is a safety hazard. We the undersigned ask the City to lessen the deep curve from the street to the driveway, at the City's expense. This would eliminate citizens from constructing their own makeshift fill; (which is currently a violation of Chapter 12.04 of the Lodi Municipal Code) and increase the safety of our City." Public Works Director Ronsko advised the City Council that the purpose of this report is to provide design guidelines for future street overlay projects, together with providing the City Council with the required information to answer the request under the petition and to deal specifically with the more recent encroachment at 442 East Tokay Street. Why Vehicles Scrape at Driveways In order to evaluate possible solutions to this problem, it is pertinent to review why and how vehicles scrape when using driveways. The following information is specific to Lodi and does not include situations that occur in mountain or hilly communities. Most of the problems occur when the back portion of the vehicle drags on the pavement when the rear wheels are in or near the gutter (Case 1). In some situations, the center of the vehicle drags on the driveway/sidewalk area (Case 2). In a few instances, the front of a vehicle may scrape when approaching the driveway or upon leaving if the vehicle backed in. Since the front clearance is usually greater than the rear and solutions to Cases i and 2 would correct this case, it has not been considered separately. The contributing factors that determine whether or not a vehicle scrapes were summarized and shown graphically for the benefit of the City Council. Staff recommended the following guidelines pertaining to street cross slope and driveways be followed on new projects: Where the cross slope (as measured from the flowline to 4' out) will exceed 13%, the design will be changed to reduce the slope or include driveway modifications. If this requires a substantial change in the project budget, it will be brought back to the City Council. Where the cross slope will be over 10% and less than 13%, the project will be brought to the City Council with various alternatives. C. Where the street cross slope will not exceed 10%, the project will proceed as usual. For existing situations, the following is recommended: A. Problems solely due to driveway construction (Case 2) are the responsibility of the property owner. 438 Continued July 19, 1989 i B. Encroachments and other illegal driveway modifications shall be abated as done in the past. This would include the one at 442 East Tokay and any others found to be newly installed. In the past, the City has assumed existing violations were installed prior to the encroachment ordinance adoption in 1966. The Council could direct staff to establish a "grandfather date" such as the completion of the Tokay Street project. Another option is to assume all existing encroachments are in violation and place the burden of proof on the property owner. Impact on Tokay Street If the above guidelines are applied to Tokay Street as it exists now, the driveways measured break down as follows: # Showing # Showing Total # of Street Driveway # Showing # Showing Street Cross Driveways Scraping Scraping Both No Slope Measured Case 1) Case 2 Problems Problem 13% & above 9 6 7 5 1 10% to 13% 33 15 16 B 10 Less than 10% 14 3 3 1 9 In reality, however, knowing the guidelines ahead of time, the project would have been designed differently to further reduce the cross slope and this information and a cost estimate would have been presented to the Council for a decision prior to completion of the design. In future cases, most of the problems will be resolved in the design stage. It was Staff's recommendation that the petition from the Tokay Street residents be denied. The cost to do what the petitioners request is prohibitive. In 1987, the City spent approximately $15,000 to replace 400 feet of curb and gutter and 1,100 square feet of sidewalk on Tokay Street. There is over 4,000 feet of curb and gutter in this segment and roughly 25,000 square feet of sidewalk and driveway. The concrete work alone would be over $200,000. The most equitable solution from the taxpayers' and the property owners' standpoint would be to form an assessment district with the City participating in the total cost. The following people addressed the City Council regarding the matter: a) Bert Haynes, 105 W. Vine Street, Lodi b) Leona Miller, 513 E. Tokay Street, Lodi c) James Dozier, 305 E. Tokay Street, Lodi d) Clifford Aldinger, 422 E. Takay Street, Lodi e) Danny Bell, 611 S. Central Avenue, Lodi f) Joe Richter, 512 E. Tokay Street, Lodi 12 Continued July 19, 1989 439 Specifically, the request is to operate the market for a four-week trial period on School Street, most likely between Elm and Walnut streets, from 6:00 p.m. to 8:30 p.m. on Thursdays. This will necessitate blockading School Street from approximately 5:30 p.m. to 9:00 p.m. The key departments involved - Police, Fire, and Public Works - have no problem with this request as long as adequate access for emergency vehicles is maintained. There will also be live music and one or more food booths. Mr. Parises and Mr. Fred Maragliano, who is the Market Manager for the Stockton Certified Farmers' Market Association, were in attendance at the City Council Meeting and spoke on behalf of their request. A Certified Farmers' Market permits only those farmers who have been certified by the County Agricultural Commissioner to offer for sale fruits, nuts and vegetables. The program is the result to enabling legislation put into effect about ten years ago. There are a number of these associations up and down the state. The program is to serve a dual purpose. One is to provide farmers with the opportunity to "direct market" their products. The other is to bring people into the downtown area to bolster the economy of that area. Mr. Dan Battilana, President of the Lodi Downtown Business Association (LDBA) also addressed the City Council regarding the request. Following discussion with questions regarding the matter being directed to Staff and to the proponents of the Certified Farmers' Market, the City Council, on motion of Council Member Pinkerton, Hinchman second - 13 Following a lengthy discussion with questions regarding the matter being directed to Staff, the City Council on motion of Mayor Pro Tempore Hinchman, Olson, by unanimous vote - a) Asked that this matter be the subject of a future "Shirtsleeve" Session. b) Decided to visit other areas of the City with similar problems. c) Directed the staff to provide solutions with price tags. REQUEST TO OPERATE CERTIFIED FARMERS' MARKET CC -6 City Manager Peterson advised the City Council that the CC -90 City was approached about two months ago with a request to favorably consider the operation of a Certified Farmers' Market. The contact people were Dan Parises and John Borelli. A few days after the initial contact the City Manager received a written proposal which was, in their words, "a VERY ROUGH draft of the overall plan that is being considerer d." Tfie City Manager then had no further contact with either the Farmers' Market people or the Lodi Downtown Business Association until Tuesday, July 11 at which time Mr. Parises requested that the first Farmers' Market be held Thursday, July 20. The City Manager asked Mr. Parises if it could be delayed at least a week to give the City Council and staff a little time to work out the details. Both organizations have agreed and would now like to stage the first market the evening of July 27, 1989. The;City Attorney is now working on the necessary agreements and insurance requirements. Specifically, the request is to operate the market for a four-week trial period on School Street, most likely between Elm and Walnut streets, from 6:00 p.m. to 8:30 p.m. on Thursdays. This will necessitate blockading School Street from approximately 5:30 p.m. to 9:00 p.m. The key departments involved - Police, Fire, and Public Works - have no problem with this request as long as adequate access for emergency vehicles is maintained. There will also be live music and one or more food booths. Mr. Parises and Mr. Fred Maragliano, who is the Market Manager for the Stockton Certified Farmers' Market Association, were in attendance at the City Council Meeting and spoke on behalf of their request. A Certified Farmers' Market permits only those farmers who have been certified by the County Agricultural Commissioner to offer for sale fruits, nuts and vegetables. The program is the result to enabling legislation put into effect about ten years ago. There are a number of these associations up and down the state. The program is to serve a dual purpose. One is to provide farmers with the opportunity to "direct market" their products. The other is to bring people into the downtown area to bolster the economy of that area. Mr. Dan Battilana, President of the Lodi Downtown Business Association (LDBA) also addressed the City Council regarding the request. Following discussion with questions regarding the matter being directed to Staff and to the proponents of the Certified Farmers' Market, the City Council, on motion of Council Member Pinkerton, Hinchman second - 13 440 Continued July 19, 1989 A TDA requirement that is in effect for this year requires each transit operator to participate in the California Highway Patrol "pull notice" program. A certification from the CHP showing that the operator is in compliance with the requirement must be submitted with the operator's TDA claim. The City of Lodi has obtained this certifcation. The City of Lodi is also prepared to meet the new regulations applicable to general public paratransit training course for the drivers. The system is administered by the City of Lodi with the service provided through a contract with a private City cab company, which operates the City -owned vehicles. The fleet consists of 5 full-size station wagons and two minivans. All vehicles are maintained by the City, and the contractor purchases fuel from the City. Fares are $0.50 for elderly and handicapped and $1.00 for the general public. The Dial -A -Ride service operates on a scrip basis. The City sells tickets to users. The contractor submits the used tickets to the City, which pays the contractor $2.70 for each fare inside Lodi, and $3.25 for trips to Woodbridge and Acampo (unincorporated areas in the County). The contractor bears all labor costs for the service but the City has been paying for insurance since FY 1986187. The County of San Joaquin prints and sells tickets to county area residents and reimburses the City of Lodi for the cost of all trips outside the City limits (to/from Acampo and Woodbridge). Service is available Monday through Friday from 7 a.m. to 7 p.m., and Saturdays from 9 a.m. to 5 p.m. B. THE AUDIT The audit was sponsored by the San Joaquin County Council of Governments (SJCCOG), in accordance with its responsibilities under Section 6664.5 of the California Administrative Code. The methods employed in this analysis were in accordance with the pre -audit guidelines defined in the Transit Performance Audit Guidebook prepared by the Californ a Department of Transportation. 14 a) Approved the proposal in concept; b) Ordered the City Attorney to prepare the necessary agreement; c) Authorized the City Manager and City Clerk to execute the agreement on behalf of the City of Lodi. PERFORMANCE AUDIT OF THE LODI TRANSIT SYSTEM CC -50(b) Assistant City Manager Jerry Glenn presented the Performance Audit of of the Lodi Transit System as prepared for the San Joaquin County Council of Governments and prepared in association with JLM Consulting. Mr. Glenn advised the City Council that: A. BACKGROUND This report presents the findings and recommendations of the 1989 performance audit of the City of Lodi Dial -A -Ride system. This system provides demand -responsive service to the elderly and handicapped and to the general public in the City of Lodi, and also to Woodbridge and the Arbor Mobile Home Park in the unincorporated area of San Joaquin County. A TDA requirement that is in effect for this year requires each transit operator to participate in the California Highway Patrol "pull notice" program. A certification from the CHP showing that the operator is in compliance with the requirement must be submitted with the operator's TDA claim. The City of Lodi has obtained this certifcation. The City of Lodi is also prepared to meet the new regulations applicable to general public paratransit training course for the drivers. The system is administered by the City of Lodi with the service provided through a contract with a private City cab company, which operates the City -owned vehicles. The fleet consists of 5 full-size station wagons and two minivans. All vehicles are maintained by the City, and the contractor purchases fuel from the City. Fares are $0.50 for elderly and handicapped and $1.00 for the general public. The Dial -A -Ride service operates on a scrip basis. The City sells tickets to users. The contractor submits the used tickets to the City, which pays the contractor $2.70 for each fare inside Lodi, and $3.25 for trips to Woodbridge and Acampo (unincorporated areas in the County). The contractor bears all labor costs for the service but the City has been paying for insurance since FY 1986187. The County of San Joaquin prints and sells tickets to county area residents and reimburses the City of Lodi for the cost of all trips outside the City limits (to/from Acampo and Woodbridge). Service is available Monday through Friday from 7 a.m. to 7 p.m., and Saturdays from 9 a.m. to 5 p.m. B. THE AUDIT The audit was sponsored by the San Joaquin County Council of Governments (SJCCOG), in accordance with its responsibilities under Section 6664.5 of the California Administrative Code. The methods employed in this analysis were in accordance with the pre -audit guidelines defined in the Transit Performance Audit Guidebook prepared by the Californ a Department of Transportation. 14 Continued July 19, 1989 441 The two major purposes of the performance audit are: 1. To conduct an independent, objective evaluation of the efficiency and effectiveness of the public transit service provided by the City of Lodi. 2. To provide management and policy makers with constructive and practical recommendations for transit service improvements. The performance audit is designed to serve as a high level management letter that addresses significant factors that impact the City of Lodi's ability to provide efficient and effective transit service. The letter is designed to highlight areas of good performance and to point out areas requiring improvement. The research effort for the audit focussed primarily on the five TDA -required performance indicators and several additional ones, for the period covering Fiscal Years 1985/86 through 1987/88. These performance indicators were calculated and analyzed to assess historical trends in service. As appropriate, other significant areas of the system performance were analyzed during the course of the audit. Data on the Dial -A -Ride service were obtained from the City of Lodi and from the SJCCOG. During interviews with City of Lodi staff, significant issues relating to system performance were discussed. C. FINDINGS The City of Lodi is providing effective Dial -A -Ride service to residents in the community of Lodi and to Woodbridge and the Arbor Mobile Home Park. It is maintaining and operating its vehicles in a very efficient manner. The farebox recovery ratio has remained steady throughout the audit period. Costs per service mile and service hour have actually decreased slightly, indicating an improvement in system productivity during the audit period. Regarding the system performance for response times, the City no longer maintains a spreadsheet model, which has found to be too time-consuming. Instead, a full-day sampling of response time records is performed once a month. The contractor provides complete records regarding response -time performance for every trip taken in the system. It was found that the City currently does not operate lift equipped' vehicles. This results in substandard service to wheelchair-bound passengers, who have to be transferred from their wheelchairs to a seat in the van or station wagon. The wheelchairs are stored in the back of the vehicle. This exposes the users and the operators to potential safety hazards. In addition, handicapped users of larger non -collapsible wheelchairs are virtually precluded from using the service. The City is now in the process of acquiring a lift -equipped vehicle. D. RECOMMENDATIONS Report Complaints by Type and Frequency Currently, all complaints are handled directly over the telephone by City of Lodi staff, but no records are kept. We recommend that the City keep a log of complaints and produce a quarterly or yearly tabulation of complaints by type (e.g., late pick-up, problem with driver, problem with wheelchair, uncomfortable ride, etc.) and frequency. This will help focus management's efforts in improving the 15 442 Continued July 19, 1989 I service. Any complaints received by the cab company are informally provided to the City. These should be incorporated into the recommended log. Report Accidents and Roadcalls on a Quarterly Basis Currently, information on accidents and roadcalls is kept as part of the maintenance records but there is no reporting as to frequency of occurrences. A log should be kept in the City maintenance department to record accidents and roadcalls as they happen. The City should report accidents and roadcalls on a quarterly basis. Any negative trends in either indicator will alert the transit administration that potential problems exist. Remedial actions such as increased driver training and/or more frequent preventive maintenance may be called for. Institute Wheelchair -Accessible Service As mentioned in Section B, the City of Lodi does not operate any wheelchair -accessible transit vehicles. To meet the needs of wheelchair-bound users, the audit team recommends that the City acquire a lift -equipped vehicle as soon as practical. The vehicle and lift should be able to accommodate non -collapsible wheelchairs without danger to the users or operators. E. TDA COMPLIANCE State regulations require that transit systems respond to and/or implement the recommendations made by prior performance audits. As a result of the recommendations of the previous performance audit, the City of Lodi has adopted procedures for evaluating results of the Unmet Needs hearing, prior to implementing service or policy changes. As evidenced by the documents provided to the auditors by the City of Lodi and SJCCOG, the City should be commended for having made a concerted effort to analyze and evaluate all potential unmet transit needs for the Lodi area. Following discussion with questions being directed to staff, the City Council received for filing the Performance Audit of the Lodi Transit System for the years 1985-86 through 1987-88. ITEMS REMOVED FROM On motion of Mayor Pro Tempore Hinchman, Olson second, the AGENDA City Council removed from the agenda item K-5 - "Agreement between Pacific Gas and Electric Company and the City of Lodi providing for an interconnection point at the City of Lodi Industrial Substation, 5200 East Sargent Road". On motion of Mayor Pro Tempore Hinchman, Pinkerton second, the City Council removed from the agenda item K-6 - "Photocopier for City Hall". PLANS AND SPECIFICATIONS FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY EXPANSION PROJECT, 12751 NORTH THORNTON ROAD APPROVED CC -12.1(a) The City Council, on motion of Council Member Reid, Hinchman second, approved the plans and specifications for White Slough Water Pollution Control Facility Expansion Project, 12751 North Thornton Road and authorized advertising for bids. 16 Continued July 19, 1989 443 The City Council was advised that this project provides for the expansion of the White Slough Water Pollution Control Facility. Facilities to be constructed include new primary sedimentation basins, aeration basins, secondary clarifier complex, anaerobic digesters, and dissolved air flotation thickener; and modifications to chlorine contact tanks, chlorination facilities, headworks, sludge lagoons, control building, site work and yard piping. This will expand the design flow from 5.8 million gallons per day (MGD) to 8.5 MGD. The construction of this project will take approximately 1} years. CC -20 The City Council was reminded that on January 1, 1985 the CC -47 City of Lodi was awarded a 54 -month grant to establish a Crime Analysis and Record Management System. The thrust of this program was to automate the handling of criminal data. This has resulted in a number of changes in dispatching and records management. The premise of the program was to develop and maintain a five-year data base. Those grant funds ran out on June 30, 1989. The City Council was further advised that this spring we were asked by the Police Department to have a consultant review the status of the program and specifically address the issue of storage capacity. We asked Mr. Hugh Ferguson, who previously reviewed the program two years ago, to take on this Assignment. 17 Black & Veatch Engineers (B&V) of Walnut Creek has designed this expansion and has prepared the plans and specifications. INITIATION OF WHITE SLOUGH WATER POLLUTION CONTROL PLANT REORGANIZATION NO. 5 RES. NO. 89-86 Community Development Director Schroeder advised the City Council that since March, 1974 the City has been conducting CC -8(a) non-contiguous annexation at the White Slough Water CC -300 Pollution Control Plant. Originally the total amount of acres that could be annexed were limited by State Law. However, in 1985 the Annexation Laws were revised to permit cities to annex the total acreage being devoted to sewage disposal. The City recently acquired 11839, 11889 and 12001 North Thornton Road as part of the present plant expansion. The staff is recommending the addition of these 270.4 acres to the existing White Slough incorporation area which will bring the total acreage to 1033.8 acres. The area proposed for annexation is not affected by either the restraints of Measure "A", the Greenbelt Initiative, or the LAFCO requirements concerning prime agricultural land or the amount of land in the City limits for future growth. The City Council, on motion of Council Member Pinkerton, Hinchman second, adopted Resolution No. 89-86 initiating the annexation of White Slough Water Pollution Control Plant Reorganization No. 5, a 270.4 acre, non-contiguous, public owned annexation consisting of parcels located at 11839, 11889 and 12001 North Thornton Road (APN's 055-190-01 and 055-120-03 and 08). FUND TO EITHER PURCHASE AN IBM SYSTEM 36 D2M OR NEW DISC STORAGE DEVICES TO SUPPORT THE POLICE DEPARTMENT CRIME ANALYSIS FUNCTION APPROVED CC -20 The City Council was reminded that on January 1, 1985 the CC -47 City of Lodi was awarded a 54 -month grant to establish a Crime Analysis and Record Management System. The thrust of this program was to automate the handling of criminal data. This has resulted in a number of changes in dispatching and records management. The premise of the program was to develop and maintain a five-year data base. Those grant funds ran out on June 30, 1989. The City Council was further advised that this spring we were asked by the Police Department to have a consultant review the status of the program and specifically address the issue of storage capacity. We asked Mr. Hugh Ferguson, who previously reviewed the program two years ago, to take on this Assignment. 17 444 Continued July 19, 1989 r The Police Department is presently using an IBM System 36 Model 02K. The storage capacity is rapidly filling up; as a matter of fact, there may be as little as three months capacity on the computer. Mr. Ferguson confirmed this fact and recommended a short term solution of purchasing additional disk storage and then the purchase of a larger more powerful computer. The later recommendation was predicated upon the Police Department remaining an independent operation. At the same time, the Finance Department has outgrown its present system and needs to look toward a larger and more powerful computer. The natural question was why not one even larger computer and place it in the Data Processing Division where there are personnel who can provide the needed support. The pros and cons of that idea have been discussed among all interested parties and the M.I.S. Committee. It is generally agreed a long-range goal should be to have the Police Department be a customer of the Data Processing Division. With that in mind, Assistant City Manager Glenn asked Mr. Ferguson to look at the feasibility of doing such a conversion. He has reported that is a viable option. However, he has not completed his report on implementation, organizational relationships, security, timing and the like. All of this, however, does not solve the immediate problem of the Police Department. Mr. Ferguson, on June 15, offered six possible short-term solutions to the problem. 1. Order new disk devices - cost $41,000 - available December 1989. 2. Order used disk devices - cost $50,000 - available in 30 days. 3. Order IBM 5/36 Model 02M and sell present equipment on open market. 4. Same as #3 except trade in the present equipment. 5. Order an IBM A5/400 and sell present system. 6. Change ground rules calling for a five years of data. Develop programs to off-load the present data until a larger computer is available. ITEM 1 A December 1989 delivery date does not solve the immediate problem. ITEM 2 Order used equipment is an option if nothing else is available. It is very expensive. ITEM 5 An IBM AS/400 requires experienced technical personnel to ensure adequate operations. No one on staff is capable of operating this system. The System 36 is unique in its ease of operation. ITEM 6 To reduce the amount of information in the computer does not reduce requirements for record retention. It would require custom programming of approximately $15,000. This would negate the ability to upgrade the software programs as new issues are released. We would then have data in two forms - hard copy and on disk. It is unknown how much storage space this option would provide. 18 Continued July 19, 1989 445 ITEMS 3 and 4 seem to be the most viable and most cost effective. We have a firm offer to sell the City an IBM System 36 Model D2M for $88,300 including tax and shipping and to take our present system in trade at $42,000. This is a net cost to the City of $46,300. In addition, some systems and procedures would have to be changed causing some loss of the ability to retrieve data and the inability to interface with the State and County systems. This option will provide enough hard disk storage to insure that a five-year data base can be maintained in our present system. If it is determined a combined Data Processing Section is viable the equipment can be sold. Market factors have presently increased the value of equipment to the extent that at this point in time the prices of used equipment are very close to the original price of the same equipment. By purchasing this equipment the immediate needs of the Police Department can be met, time will be available to properly plan and implement any long-range solutions, and there is the possibility when the time comes to move off the System 36 much of our expenditure can be recaptured. Assistant City Manager Glenn reported that he had just been informed that a disc storage unit was available at a cost of approximately $41,000. A lengthy discussion followed with questions regarding the matter being directed to staff. On motion of Mayor Snider, Olson second, the City Council appropriated $46,300 and authorized the City Manager to purchase either an IBM System 36 D2M or new disc devices to support the Police Department crime analysis function. ORDINANCES There were no ordinances presented for adoption. ADJOURNMENT There being no further business to come before the City Council, Mayor Snider adjourned the meeting at approximately 10:55 p.m. ATTEST: j Alice M. Reimche City Clerk 19