HomeMy WebLinkAboutMinutes - October 18, 1989Sly
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, OCTOBER 18, 1989
7:30 P.M.
ROLL CALL Present: Council Members - Olson, Reid,
Pinkerton and Hinchman (Mayor Pro Tempore)
Absent: Council Members - Snider
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 Rudi Rodriquez, Lodi
New Life Mission.
PLEDGE OF The Pledge of Allegiance was led by Mayor Pro Tempore
ALLEGIANCE Hinchman.
PRESENTATIONS
PROCLAMATIONS Mayor Pro Tempore Hinchman presented the following
CC -37 proclamations:
a) "National Business Women's Week"
b) "Red Ribbon Week"
CONSENT CALENDAR In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Olson,
Reid second, approved the following items hereinafter set
forth. Agenda item E-6 - "Contract with Paula Fernandez
for traffic engineering service was withdrawn from the
Consent Calendar and discussed and acted upon under the
Regualr Calendar.
****************************************
CLAIMS CC -21(a) Claims were approved in the amount of $1,496,829.45.
MINUTES No minutes were presented for Council approval.
IMPROVEMENTS UNDER
CITY COUNCIL CHAMBER
(CARNEGIE.LIBRARY)
REMODEL, 305 WEST PINE
STREET ACCEPTED
CC -90 The City Council accepted the improvements under the "City
Council Chamber (Carnegie Library) Remodel" contract, and d
1
52
Continued October 18, 1989
irected the Public Works Director to file a Notice of
Completion with the County Recorder's office.
The City Council was advised that the contract was awarded
to Modern 'Engineering and Construction of Stockton on
September 7, 1988 in the amount of $860,384.00. The
contract :has been completed in substantial conformance with
the plans and.specifications approved by the City Council.
The present• contract amount, including approved change
orders, is $946,639.. The price of a minor final change
order is still being negotiated. Staff indicated its
desire to proceed with the acceptance in order to release
the contractor's bonds and start the warranty.
IMPROVEMENT DEFERRAL
AGREEMENT FOR 330 EAST
KETTLEMAN LANE, LODI
CC -6 The City Council approved the Improvement Deferral
CC -46 Agreement for 330 East Kettleman Lane and directed the City
CC -90 Manager and City Clerk to execute the agreement.
The City Council was advised that because the owner is
splitting his property for the development of Misty Manor
subdivision, the City requires that the remainder of the
Kettleman Lane improvements be installed on the northern
parcel. All the Kettleman Lane improvements have been
constructed except for approximately 30 linear' feet of
curb, gutter, sidewalk, and commercial driveway. Because
the owner does not intend to develop this northern parcel
at the present time, the Planning Commission has approved
the deferral of the Kettleman Lane improvements. This
deferral agreement allows the property owner to defer the
installation of these improvements for five years or until
the City requires that they be installed.
RENEWAL AGREEMENT WITH
ADJUSTCO FOR'LIABILITY
CLAIMS ADMINISTRATION
FOR 1989-90
CC -21.1 (a) The City Council approved the renewal of the Liability
CC -90 Claims Administration Contract with ADJUSTCO covering the
period of September 1, 1989 through June 30, 1990 and
authorized the City Manager and City Clerk to execute the
letter agreement on behalf of the City.
Submitted for City Council approval was the renewal of the
agreement with ADJUSTCO for liability claims administration
for a ten-month period beginning September 1, 1989 and
ending June 30, 1990.
53
Continued October 18, 1989 '
ADJUSTCO is requesting an approximate 10% increase to their
current fees.
The proposed fees under this Contract compared to last
year's fees are as follows:
1988/89 Contract
$13,140.00'for the first 45 new claims
$292.00 per claim for those filed in excess of 45
September 1, 1989 to June 30, 1989 Contract
$17,900 for the first 55 new claims
$298.00 per claim for those filed in excess of 55
From January 1, 1989 through this date, 49 liability claims
have been filed against the City of Lodi.
ADJUSTCO has provided liability claims administration to
the City of Lodi since October 1983.
AMENDED SALARY RANGES
FOR CLASSIFICATIONS IN
THE FIRE DEPARTMENT
RES. NO. 89-145
CC -34 The City Council adopted Resolution No. 89-145 amending
CC -300 salary ranges for employees in the Fire unit effective
October 2, 1989.
The City Council was advised that a multi-year agreement
with the Fire Unit calls for adjustments to their salary
schedule, effective the pay period commencing October 2,
1989,_ based on the results of a survey of comparable
cities. The results of this survey were presented for the
City Council's perusal.
This increase also results in salary increases for
mid -management classifications in the Fire Department, and
their new ranges were also presented for Council's review.
3
5X Continued October 18, 1989
ANNUAL STATEMENT OF
INVESTMENT POLICY AND
INTERNAL CONTROL GUIDELINES
RES. NO. 89-146
CC -21 The City .Council adopted Resolution No. 89-146 approving
CC -300 the Annual Statement of Investment Policy and Internal
Control Guidelines..
The City Council was apprised that the California State
Legislature enacted AB1073 in 1983 requiring local
agencies to adopt an annual investment policy.
This policy is presented to the City Council after the
books are closed to enable staff to obtain certain
benchmark rates of return for the fiscal year 1988-89. An
exhibit indicating the comparable benchmark rates was
presented for Council's review.
SPECIFICATIONS AND
ADVERTISEMENT FOR THE
PURCHASE OF COPY
MACHINES FOR THE FIRE
DEPARTMENT (ONE) AND THE
PARKS AND RECREATION
DEPARTMENT (ONE) APPROVED
CC -20 The City Council approved specifications for the purchase
CC -47 of copy machines for the Fire Department (one) and the
Parks and Recreation Department (one).
The City Council was advised that the Xerox 4000 copier
currently used by the Fire Department is nearly 20 years
old, and annual maintenance costs approaches $2,000.
Purchase of a new machine would increase staff efficiency
and save nearly $700 per year in maintenance costs.
The Xerox 1035 copier used by the Recreation. and Parks
Departments is five years old, but is designed for volume
under 5,000 copies per month. Actual use over the past 14
months has averaged 13,000 copies per month, resulting in
early fatigue of the equipment.
Evaluation of the bids will consider estimated total cost
of operation (purchase price, supplies and maintenance
costs) over a five-year period.
Funding for the purchase of two copiers has been included
in the 1989/90 equipment budget, Fire Department and
Recreation Department.
4
Continued October 18, 1989 55/
STANDARDIZATION AND
PURCHASE OF RADAR
EQUIPMENT FOR THE
POLICE DEPARTMENT
RES. NO. 89-147
CC -20 The City Council adopted Resolution No. 89-147 approving
CC -47 the standardization and purchase of radar equipment from
CC -300 Custom Electronic, Inc. for the Police Department.
The radar units used by the Police Department for the last
five years have been the Custom Electronic Roadrunner
Radar Guns. The Police Department will be adding six
hand-held units and three mobile units in the near future.
At the present time all of its radar units are manufactured
by Custom Electronics. The Police Department has found
these radar units to be low maintenance and the parts and
materials are readily available.
Section 3.20.040 entitled, "Exemptions From Centralized
Purchasing" of the Lodi Municipal Code authorizes the City
Council to standardize on specific supplies, services, and
equipment. Since the Police Department has to add a total
of nine radar units, and since the City's current inventory
includes only custom electronics equipment, it is
recommended that the City standardize on radar units
manufactured by Custom Electronics, Inc.
STANDARDIZATION AND
PURCHASE OF COMPUTER
EQUIPMENT FOR THE FIRE
DEPARTMENT
RES. NO. 89-148
CC -20 The City Council adopted Resolution No. 89-148 approving
CC -47 the standardization and purchase of computer equipment from
CC -300 MacIntosh, Inc. for the Fire Department.
The City Council was advised that Macintosh supplied the
computer equipment that we currently are using for the Fire
Suppression Division of the Fire Department. This
additional equipment will complete the MacIntosh system and
will be used in the Training Division, Operations officers
office and in the Battalion Chiefs Command Van. To be
compatible with the system we now have, all of the hardware
must be MacIntosh. MacIntosh government pricing for this
equipment is as follows:
One, Mac SE Hard Disk 40 CPU with
Apple Extended Keyboard $2,744.00
Two, Mac SE Hard Disk 20 CPU with
56
Continued October 18, 1989
Apple Extended Keyboard ($2,162 ea.)
One, Imagewriter II Printer with cables
Two, Localtalk Lockirig Connector Kits
($52.50 ea.)
One, Localtalk Cable Extender, 25 meters
One, Localtalk Cable Extender, 10 meters
Two, MacWrite 5.0 ($67.00 ea.)
Two, MacDraw ($88.00 ea.)
Tax
Total
$4,324.00
$ 411.00
$ 105.00
$ 87.50
$ 52.50
$ 138.00
$ 176.00
$8,038.00
428.28
$8,520.28
The 1989/90 Budget contains $10,000.00 for the purchase of
the hardware and software for this project. The funds are
budgeted in the Equipment Fund, 12.0-012.01-18.
TRAFFIC RESOLUTION AMENDMENT -
POPLAR STREET AND WASHINGTON
STREET INTERSECTION CONTROL
RES. NO. 89-149
CC -48(h) The City Council adopted Resolution No. 89-149 - A
CC -300 Resolution of the Lodi City Council approving the
conversation of "Yield" signs to "Stop" signs on Poplar
Street and Washington Street, Thereby Amending Traffic
Resolution No. 89-163.
The City Council was advised that the Public Works
Department has received a request for additional control at
the intersection of Poplar Street and Washington Street.
The intersection is four -legged with two-way traffic
permitted on all legs except the north leg, which is
one-way for southbound traffic due to the narrow width.
The intersection is controlled by yield signs on Poplar
Street at Washington Street.
In response to this request, staff reviewed traffic
volumes, available accident records, and performed a safe
approach speed analysis. The traffic volumes indicate that
the existing yield controls are regulating major street
traffic (Poplar). The approach volumes on Poplar Street
and Washington Street are approximately 900 and 550
vehicles per day, respectively. Available accident records
show that there have been two accidents in the past three
years; none in 1986, two in 1987, and none in 1988. There
G
58
Continued October 18, 1989
have been none in 1989 to date. Both accidents were
right-of-way violations. The safe approach speed analysis
was performed on all four legs of the intersection and
indicates that whether or not the controls are reversed,
stop signs would be appropriate. A multi -way stop
analysis was also performed, however, the guidelines were
not met. If this intersection had no existing controls,
the recommendation• would be for a stop sign on Washington.
However, staff is reluctant to recommend reversal of
existing controls. -in the absence of an accident problem or
significant disparity in volume. Staff feels that the
"yield" signs should. be converted to "stop" signs
regardless if the controls are reversed.
SUPPLEMENT NO. 2 TO
THE NORTHERN CALIFORNIA
JOINT POWERS AGREEMENT -
MEMBERSHIP OF TRUCKEE-DONNER
PUBLIC UTILITY DISTRICT
RES. NO. 89-150
CC -7(j) The City Council adopted Resolution No. 89-150 authorizing
CC -90 the Mayor to execute, on behalf of the City of Lodi,
CC -300 Supplement No. 2 to the Northern California Power Agency
(NCPA) Joint Powers Agreement providing for membership in
that agency of the Truckee -Donner Public Utility District.
The City Council was advised that the Truckee -Donner
Public Utility District has requested membership in NCPA.
At its regular meeting of September 27, 1989, the NCPA
Commission unanimously adopted Resolution No. 89-35
providing for this membership.
Truckee -Donner will be the third utility district in
NCPA. The other two are Plumas-Sierra Public Utility
District, and Turlock Irrigation District.
PUBLIC HEARING SET TO
CONSIDER THE ADOPTION OF
A RESOLUTION OF NECESSITY TO
ACQUIRE BY EMINENT DOMAIN
THE PROPERTY AT 5200
EAST SARGENT ROAD, LODI
CC -6 The City Council took the initial step in eminent domain
CC -27(a) procedures by setting a public hearing for November 15,
1989 to consider the adoption of a resolution of necessity
for acquisition of the industrial substation site at 5200
East Sargent Road.
Continued October 18, 1989
The City Council was advised by City Attorney McNatt that
the City is negotiating with the property owners of 5200
East Sargent Road to purchase 8.1 acres of the parcel to
the north of future Thurman Street for the substation.
The City's right-of-way . negotiator, Jerry Heminger, has
been meeting with'the owners of the property. The meetings
have gone well; however, we still do not have a signed
right -of -entry or the' agreement for the purchase. Because
of the tight scheduling of this project, we should proceed
with this action in order to assure that we can keep our
timetable if further delays in negotiations occur.
COMMENTS BY CITY
COUNCIL MEMBERS No comments were received under the "Comments by City
Council Members" segment of the agenda:
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:
CITIZENS SUGGESTION
RECEIVED REGARDING
PENALIZING DRUNK DRIVERS
CC -24(b) Mr. Wesley E. Smith, 1330 West Walnut Street, Lodi
addressed the City Council suggesting that the responsible
drunk driver be required to pay the $100.00 reward to the
reporting party under the Driving Under The Influence
Reporter's Reward Program.
The City Clerk was directed to pass this suggestion on to
Ken Cortner, the coordinator of this program.
PUBLIC HEARINGS Notice thereof having been published according to law,
affidavit of which publication is on file in the office of
the City Clerk, Mayor Pro Tempore Hinchman called for the
Public Hearings a) to consider the Planning Commission's
recommendation that the certification of the Final
Environmental Impact Report for Kettleman Properties, a 51
acre commercial project located at the northeast corner of
East Kettleman Lane and Beckman Road be approved and b) to
consider the Planning Commission's recommendation that the
Land Use Element of the Lodi General Plan be amended to
accommodate the Kettleman Properties project by
redesignating the property from Light and Unclassified
Industrial to Commercial and that the property be
prezoned C-2, General Commercial.
60�
Continued October 18, 1989
KETTLEMAN PROPERTIES,
A 51 ACRE COMMERCIAL
PROJECT LOCATED AT THE
NORTHEAST CORNER OF EAST
KETTLEMAN LAND AND BECKMAN ROAD
CC -53(a) The matter was -introduced by Community Development Director
CC -53(d) Schroeder who recommended that the subject public hearings
be continued to consider prezoning the subject parcel M-1,
Light Industrial rather than the Planning Commission's
recommendation of C-2, General Commercial.
Following discussion, on motion of Council Member Reid,
Hinchman second, the City Council continued the Public
Hearing to 7:30 p.m., November 1, 1989 and directed the
City Clerk to readvertise with the proposed prezoning to
be M-1, . Light Industrial rather than C-2, General
Commercial.`
REZONING OF A PORTION
OF THE PARCEL AT 1333
EAST TURNER ROAD
(APN 049-020-17 and 20)
ORDINANCE NO. 1465 INTRODUCED
NEGATIVE DECLARATION CERTIFIED
CC -53(a) Notice thereof having been published according to law,
CC -149 affidavits of publication being on file in the office of
the City Clerk, Mayor Pro Tempore Hinchman called for the
public hearings a) to consider the Planning Commission's
recommended certification of a Negative Declaration as
filed by the Community Development Director as adequate
environmental documentation on the request of Dillon
Engineering on behalf of Dave Vaccarezza to rezone a
portion of the parcel at 1333 East Turner Road (APN
049-020-17 and 20) from F -P, Flood Plain to M-2, Heavy
Industrial to allow construction of a caretaker's/owner's
residence on a lot which will be raised above the 100 year
flood plain elevation and b) to consider the Planning
Commission's recommended approval of the request of
Dillon Engineering on behalf of Dave Vaccarezza to rezone
a portion of the parcel at 1333 East Turner Road (APN
049-020-17 and 20) from F -P, Flood Plain to M-2, Heavy
Industrial to allow construction of a caretaker's/owner's
residence on a lot which will be raised above the 100 year
flood plain elevation.
The City Council was advised that the heretofore listed
public hearings are being held on the following requests of
Dillon Engineering on behalf of Dave Vaccarezza:
Continued October 18, 1989
1. to amend the Land Use Element of the Lodi
General Plan by redesignating a 1.49± acre
parcel at 1333 East Turner Road from Flood
Plain, tq4 Heavy Industrial.
2. to rezone the parcel at 1333 East Turner
Road from F -P, Flood Plain, to M-2, Heavy
Industrial.
3. to certify a Negative Declaration as filed
by the Community Development Director as
adequate environmental documentation on the
above project.
The applicant is requesting the change in land use
designation. to permit construction of a residence on this
parcel of land. Residences are not a permitted use in a
flood plain. A residence is permitted in an industrial
zone if it is for the owner or caretaker of the industrial
property. The subject parcel is located adjacent to other
properties owned and operated by Mr. Vaccarezza.
The applicant has obtained a permit from the State
Reclamation Board to build-up a portion of his property to
raise it above the flood plain. The residence will be
constructed on this elevated pad and will be above the
projected water level in a 100 year flood. This would
permit the City to remove the flood plain designation from
the property.
The matter was introduced by Community Development Director
Schroeder who presented a diagram of the subject area and
responded to questions as were posed by the City Council.
Speaking on behalf of the project was Mr. Cecil Dillon,
1820 West Kettleman Lane, Lodi.
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 Council Member Olson, Pinkerton second, the
City Council certified the Negative Declaration as filed by
the community Development Director as adequate
environmental documentation on the request of Dillon
Engineering on behalf of Dave Vaccarezza to rezone a
portion of the parcel at 1333 East Turner Road (APN
049-020-17 and 20) from F -P, Flood Plain to M-2, Heavy
Industrial to allow construction of a caretaker's/owner's
residence on a lot which will be raised above the 100 year
flood plain elevation.
On motion of Council Member Olson, Pinkerton second, the
City Council introduced Ordinance No. 1465 - "An Ordinance
10
�y - Continued October 18, 1989
of the Lodi City Council Amending the Land Use Element of
the Lodi General Plan by Redesignating a 1.49 +/- Acre
Parcel at 1333 East Turner Road from Flood Plain to Heavy
Industrial, and Rezoning Said Parcel from F -P, Flood Plain,
to M-2, Heavy I'ndustrial." The motion carried by unanimous
vote of the Council Members present.
SUNWEST PLAZA, A 23.68
ACRE COMMERCIAL SHOPPING
CENTER PROPOSED FOR THE
SOUTHEAST CORNER OF WEST
KETTLEMAN LANE AND LOWER
SACRAMENTO ROAD PREZONING
APPROVED
ORD. NO. 1466
FINAL ENVIRONMENTAL IMPACT REPORT CERTIFIED
CC -53(a)
Notice thereof having been published according to law,
CC -53(d)
affidavits of which publication are on file in the office
CC -149
of the City Clerk, Mayor Pro Tempore Hinchman called for
the public hearings a) to consider the Planning
Commission's recommendation that the certification of the
Final Environmental Impact Report for Sunwest Plaza, a
23.68 acre commercial shopping center proposed for the
southeast corner of West Kettleman Lane and Lower
Sacramento Road be approved and b) to consider the Planning
Commission's recommendation that the Land Use Element of
the Lodi General Plan be amended to accommodate the Sunwest
Plaza project by redesignating the area from Low Density
residential to Commercial and that the property be
prezoned C -S, Commercial Shopping Center
The matter was introduced by Community Development Director
Schroeder who presented a diagram of the subject area.
Mr. Schroeder advised the City Council that as the first
step toward the development of the Sunwest Plaza Shopping
Center on the southeast corner of Lower Sacramento Road and
Kettleman Lane, he engaged the services of Jones & Stokes
Associates of Sacramento to prepare the EIR.
The Draft EIR was completed earlier this year and has
been through the mandatory State Clearinghouse review. The
Final EIR contains all comments received and the
appropriate answers where needed.
Further, Mr. Schroeder advised the City Council that the
purpose of this request is to provide the zoning so that
the developer can build a 23.68 acre commercial shopping
center with approximately 254,000 square feet of commercial
space. At the Planning Commission public hearing, the
proponents indicated that the center will be anchored with
11
63
Continued October 18, 1989 Z
a 101,000 square foot retail store and a 48,000 square foot
super market.
At the OPlanning Commission public hearing, the developer
offered to provide a,parking area for a Park & Ride lot for
commuters in cooperation with CalTrans.
If the City Council approves the requests, the Public Works
Department should be 'authorized to negotiate with the
developer on the -amount of sewer capacity that will be
available to the center pending completion of the White
Slough expansion. In addition, the Public Works Department
should also be authorized to negotiate a fair share payment
of development fees and/or charges.
The development fees are part of a comprehensive fee
structure being developed by Public Works in conjunction
with the General Plan update to fund future infrastructure
and public facility improvements.
Speaking on behalf of the project was Mr. Chuck Wentland,
119 S. Avena, Lodi
Also addressing the City Council on the matter were:
a) Eileen St. Yves, 310 S. Orange Street, Lodi
b) Janet Pruss, 2421 Diablo, Lodi
There being no other persons in the audience wishing to
speak on the' matter, the public portion of the hearing was
closed.
A lengthy discussion followed with questions regarding the
matter being directed to staff.
Following discussion, on motion of Council Member Olson,
Reid second, the City Council certified the Final
Environmental Impact Report for Sunwest Plaza, a 23.68 acre
commercial shopping center proposed for the southeast
corner of'West Kettleman Lane and Lower Sacramento Road and
established the following findings:
ENVIRONMENTAL IMPACT - Loss of Prime Agricultural Soil
DEIR -7P. 4-10
The Project will result in a loss of 22 acres of prime
agricultural soil if the project is approved. This loss
cannot be mitigated.
Finding
The land in and around the City of Lodi is all designated
as prime agricultural soil. The City does not have the
12
64
Continued October 18, 1989
option of building on non -prime agricultural soils in order
to preserve the prime soil. Every development built in the
City, large or small, utilizes some prime agricultural
land. The residential, commercial, and industrial needs of
the City necessitate some urbanization of agricultural land.
Overriding'Considerations
The area in question has been designated for urban
development for many years as a part of the Lodi General
Plan. The project site abuts the existing City limits to
the east, where two large residential and office commercial
projects have been developed. There are also existing
commercial developments at the northeast and the southeast
corner of Kettleman Lane and Lower Sacramento Road. Both
have been developed in the County and have existed for a
number of years. There is also a County residential
subdivision of approximately nine residential lots located
immediately south of the project site. The area has been
in a state of transition for many years and this project
represents a reasonable extension of the City of Lodi. The
City of Lodi has planned and constructed its utility system
to serve the area with water, sewer and storm drainage in
anticipation of the area developing. The existing
infrastructure will allow development of the area without
costly expenditures of public funds for the extension of
major new lines.
The project will provide a significant benefit for the City
of Lodi. Based on figures from the EIR, the Sunwest Plaza
project could generate in excess of 600 permanent jobs when
fully developed. This does not include the additional jobs
created during the construction of the project. The
creation of new jobs is important because it provides new
employment opportunities for the people living in and
around the City of Lodi. Creating local jobs improves the
jobs/housing balance in Lodi. It means that people can
work in Lodi instead of having to commute to Stockton or
Sacramento. This could significantly reduce the commute
distance for many workers, thereby reducing the impact of
commute traffic on an area -wide basis.
The project will also be a source of additional tax
revenue, both property tax and sales tax. The proposed
retail stores, particularly the major anchors, will
generate a significant amount of sales tax. Not only do
they generate new sales taxes, but they help stop the flow
of sales tax to Stockton, as people do more shopping in
Lodi instead of in Stockton.
These new revenues can be utilized to fund necessary
services required by the project. The revenue can also be
utilized to benefit the City as a whole, helping to pay for
projects and programs that are used by all citizens of Lodi.
13
W
Continued October 18, 1989
ENVIRONMENTAL IMPACT - AdjacentAgricultural ricultural Parcels
DEIR - P. -11
Urbanization of •the subject parcel will affect adjacent
agricultural parcels.
Findings
While some 'modifications of the current farming practices
may be required, those modifications will not prevent the
continued agricultural use of the adjacent parcels. The
use of -agricultural chemicals can continue, although in
some cases alternative methods of application or types of
chemicals may be required. The project is separated from
agricultural property to the north by Kettleman Lane which
will eventually have a 110 -foot wide right-of-way. The
south side of the project site is the only area where the
project will be immediately adjacent to existing
agricultural property. Along the buffer zone as well as a
solid masonry fence adjacent to any agricultural parcels.
ENVIRONMENTAL IMPACT - Traffic (DEIR - P. 6-1
The project will increase traffic volumes by approximately
13,000 vehicle trips per day when fully developed. These
additional. vehicle trips will impact traffic on both
Kettleman Lane and Lower Sacramento Road.
Finding
The increase in traffic volume on West Kettleman Lane and
Lower Sacramento Road will be mitigated by the following:
1. Construct required street improvements on
Kettleman Lane including required lane
widenings and turn controls.
2. Construct required street improvements on
Lower Sacramento Road including required
lane widenings and turn controls.
3. Modify the existing traffic signal system at
the corner of Kettleman Lane and Lower
Sacramento Road to match the new
configuration of both streets.
4. Design project driveways to provide safe,
efficient ingress and egress from the
adjacent streets.
5. The developer should contribute his fair
share toward the cost of required street
improvements for the project. These project
improvements could be funded by payment of
14
66
f Continued October 18, 1989
development fees collected from the
developer of Sunwest Plaza as well as
developers of all other projects constructed
throughout the City. To mitigate project
and cummulative impacts on
transportation/traffic infrastructure, the
development shall pay its fair share of
development fees and/or charges adopted by
the City as part of the 1989/90 General Plan
Update now being drafted.
ENVIRONMENTAL IMPACT - Noise (DEIR P. 8-1)
There will be a temporary increase in construction related
noise.
Findin
The increased noise levels are temporary in nature and will
only last for the duration of construction. The noise is a
normal part of every construction project. The City can
control unusual noise situations with their noise ordinance.
ENVIRONMENTAL IMPACT - Air Quality (DEIR - P. 7-1)
The proposed project will generate additional amounts of
vehicle -related air pollutants, namely reactive organic
gasses (ROG) and Nitrous Oxide (NOx).
Finding
The generation of both types of gasses is unavoidable and
they are a problem both area -wide and state-wide. The City
can help alleviate this problem by supporting San Joaquin
County in developing a county -wide trip reduction
ordinance. The developer is aiding in this process by
offering to dedicate a parking area for a CalTrans operated
park and ride lot which could help reduce the number of
vehicle trips on an area -wide basis.
ENVIRONMENTAL IMPACT - Public Services (DEIR - P. 5-1
The project will result in an increased demand for various
public services including law enforcement, fire protection,
water supply, storm drainage, wastewater and parks and
recreation.
Finding
The increased demand on public
two ways. First, the project,
generate additional sources of
and property tax. These sourc
to help offset the cost for in
15
cservices can be mitigated in
when fully developed, will
taxes, including sales tax
es of funds can be utilized
reased public services. To
Continued October 18, 1989
mitigate project and cumulative impacts on the drainage,
water, wastewater and public (including parks, police, fire
and other facilities) infrastructure, the development shall
pay its fair share of development fees and/or charges
adopted by the ..Ci'ty as part of the 1989/90 General Plan
Update now being drafted.
On motion of Council Member Olson, Reid second, the City
Council introduced Ordinance No. 1466 - "An Ordinance of
the Lodi City Council Amending the Land Use Element of the
Lodi General Plan by Redesignating a 23.68 Acre Parcel of
Land at the Southeast Corner of West Kettleman Lane and
Lower. Sacramento Road from Low Density Residential to
Commercial, and Prezoning Said Property C -S, Commercial
Shopping Center." The motion carried by unanimous vote of
all Council Members present.
RECESS At approximately 8:55 p.m., Mayor Pro Tempore Hinchman
declared a five-minute recess and the City Council
reconvened at approximately 9:00 p.m.
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
October 9, 1989:
CC -35
FOR ACTION OF THE CITY COUNCIL
1. Recommend the approval of the request of Ron Thomas to
amend the Land Use Element of the Lodi General Plan by
reclassifying the 3.7± acre parcel located at the southeast
corner of Lower Sacramento Road and West Vine Street from
Office Institutional to Residential Low Density.
2. Recommended the approval of the request of Ron Thomas to
rezone the 3.7± acre parcel at the southeast corner of
Lower Sacramento Road and West Vine Street from R -C -P,
Residential -Commercial- Professional, to R-1,
Residential -Single Family.
3. Recommended certification of a Negative Declaration as
filed by the Community Development Director as adequate
environmental documentation on the above projects.
On motion of Council Member Reid, Olson second, the City
Council set the heretofore listed matters for public
hearing at the Regular City Council Meeting of November 1,
1989.
16
••
Continued October 18, 1989
The Planning Commission also -
4. Recommended that the City of Lodi vacate a portion of the
public utitity easement at 210 South School Street based on
a finding of :no public need for the easement.
OF INTEREST TO THE CITY COUNCIL
The Planning Commission also
1. Conditionally approved the Tentative Subdivision Map of
Sunwest Unit No. 11, a proposed 3.7± acre, 13 -lot
single-family residential project located at the southeast
corner of Lower Sacramento Road and West Vine Street.
2.
Conditionally approved the request of Kristin I.
Cromwell to create two lots from a single parcel at 2505
West Turner Road in an area zoned C-1, Neighborhood
Commercial.
3.
Held an informal discussion on the proposed Growth
Management Plan and requested additional information from
City staff.
At the request of the applicants, continued the following
items until 7:30 p.m., Monday, October 23, 1989:
1.
The request of Marlon DeGrandmont for a use permit to
operate an entertainment center in Suite 7, Lakewood Mall
in an area zoned C -S, Commercial Shopping Center.
2.
The request of RBS Construction for a use permit to
construct a Kentucky Fried Chicken restaurant at 212 West
Kettleman Lane in an area zoned C -S, Commercial Shopping
Center.
COMMUNICATIONS
(CITY CLERK)
PUBLIC UTILITIES
COMMISSION INSTITUTION
INVESTIGATION
CC -7(f) City Clerk Reimche presented a copy of an order which had
been received issued by the Public Utilities Commission
instituting investigation (I.89.09-021) for the purpose of
establishing a priority list of railroad/highway grade
separation projects eligible for state funding.
17
69
Continued October 18, 1989 /
ANNUAL LEAGUE OF
CALIFORNIA CITIES
CONFERENCE SCHEDULED TO
BE HELD IN SAN FRANCISCO
OCTOBER 22 - 25, 1989
CANCELLED BECAUSE OF EARTHQUAKE
CC -7(i) I.t. was announced that the Annual League of California
Cities Conference which was scheduled to be held in San
Francisco October 22 - 25, 1989 had been cancelled.
EARTHQUAKE UPDATE
CC -24(b) City Manager Peterson and Electric Utility Director Rice
gave updates on Tuesday's earthquake as it affected the
City of Lodi and the City's efforts to provide aid to
stricken communities in the bay area.
REGULAR CALENDAR
CONTRACT WITH PAULA
FERNANDEZ FOR TRAFFIC
ENGINEERING SERVICES
CC -34 The City Council on motion of Council Member Reid, Hinchman
second, approved the personal services contract with Paula
J. Fernandez for traffic engineering services, and
authorized the City Manager to execute the contract on
behalf of the City. The motion carried by the following
vote:
Ayes: Council Members - Hinchman, Olson, and Reid
Noes: Council Members - Pinkerton
Absent: Council Members - Snider
The City Council was advised that Mrs. Fernandez has
worked for the City of Lodi as an Assistant Civil Engineer
since July 1985. She has functioned in the role of Traffic
Engineer. Her work has been excellent and the Public Works
Department considers her a valued employee.
Mrs. Fernandez is busy raising a young family which
precludes her from working full time. She has requested
that she be allowed to work on a half-time basis. At some
later date, she may be able to return to full time
employment.
In order to avoid misunderstandings as to her status and
benefits at a later date, we have prepared a personal
services contract.
18
Continued October 18, 1989
TRAFFIC STUDY - LODI AVENUE,
FAIRMONT AVENUE TO
HUTCHINS STREET - A TWO-WAY
LEFT TURN LANE
CC -48(a) Because of a possible conflict of interest, Council Member
Olson abstained"from discussion and voting on this matter.
During the period, of discussion and voting, Council Member
Olson left her Council seat.
As directed by the Council, the Public Works Department has
reviewed the following request to install a two-way left
turn lane on Lodi Avenue between Fairmont Avenue and
Hutchins Street to reduce congestion. If the City Council
feels, after reviewing this matter, that additional left
turn pockets should be considered, it was recommended that
a hearing be held and all adjacent businesses and residents
be notified.
Honorable Mayor Snider,
With the opening of year-round 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 turn light. Travel west to Kentucky Fried Chicken,
and again traffic 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 the 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 smoohter
movement of traffic.
I would like to see this item placed on the agenda soon, so
interested parties may express their views.
Eileen M. St. Yves
19
Continued October 18, 1989
71
The only existing left turn lanes are at Hutchins Street
and at Fairmont Avenue. This segment of Lodi Avenue is
mostly 60 feet wide with portions at 62 and 64 feet and has
two travel I&ne!R in each direction. The traffic volume is
approximately 17,500 vehicles per day. The land use of the
affected area is primarily residential on the north side
and commercial on the south side. Parking is permitted on
both sides of this segment except at locations without
adequate sight distance or insufficient roadway width due
to existing left turn lanes.
The installation of a two-way left turn lane would require
the elimination of all on -street parking on both sides of
Lodi Avenue. This would remove 30 stalls on the north side
and 29 stalls on the south side. Staff indicated that it
could not recommend retaining parking on one side because
it would result in substantially reduced lane widths.
A review of available accident records for 1987, 1988, and
1989 through September indicates that approximately 26 of
the 84 accidents may have been avoided if left turn lanes
existed. Eleven of the twenty-six accidents involved
parked vehicles. Fourteen of the eighty-four accidents are
of undetermined cause.
Removal of the parking and the installation of left turn
lanes would improve traffic flow on Lodi Avenue. However,
it would be a problem for many of the businesses on the
south side of the street. Some of these businesses have no
onsite parking.
Installation of left turn lanes at just the Crescent Avenue
intersection would require removal of 15 stalls on the
north side and 17 stalls on the south side from Avena
Avenue to Rose Street. This would not solve many of the
problems in the area and the need for lane transitions
requires removal of parking without the benefit of a
continuous turn lane.
Following a lengthy discussion with questions being
directed to Staff, Mayor Pro Tempore Hinchman moved to
direct Staff to prepare various options regarding this
problem and that these options be brought back to Council
at a public hearing regarding the matter the first meeting
in June 1990.
The motion was seconded by Council Member Pinkerton but
failed to pass by the following vote:
Ayes: Council Members - Hinchman
Noes: Council Members - Pinkerton and Reid
Absent: Council Members - Snider
20
72
Continued October 18, 1989
Abstain: Council Members - Olson
ELECTRIC UTILITY
DEPARTMENT CUSTOMER e.
NEWSLETTER PROGRAM
CC -6 Electric Util..i•ty. Director Henry Rice introduced the matter
CC -51(d) reminding the City Council that it had directed the
Electric Department to investigate an informational program
which would better inform Lodi consumers. Such an
informational program would supplement the information
provided in the media. The investigation was to provide
two immediate results: first, a newsletter explaining the
1989 rate increase; second, an economic analysis of the
cost/benefit of an on-going informational program.
An information newsletter, a copy of which was presented
for the City Council's review, had been prepared which
generally explains the impact of the rate increase, its
proportionment toward residential users, and growth of
inflation over the period since the last electric revenue
increase. The cost of preparing and distributing the
newsletter is $5,524.
The staff did not have an opportunity to fully explore
cost/benefit of all appropriate informational program
alternatives but indicated that it would submit an analysis
of an on-going program to the Council shortly.
While the staff recommends sending the newsletter, it
recognizes the excellent job done by the News -Sentinel
keeping the public informed. In fact, nearly all material
contained in the newsletter had received coverage by the
press.
Following discussion with questions being directed to
Staff, the City Council, on motion of Council Member Reid,
Pinkerton second, determined that it would take no action
on the matter.
ORDINANCES
ORDINANCE AMENDING
LODI MUNICIPAL CODE
RELATING TO LOST AND
UNCLAIMED PROPERTY
ORDINANCE NO. 1462 ADOPTED
CC -6 Ordinance No. 1462 entitled, "An Ordinance of the Lodi City
CC -149 Council Amending Chapter 3.24 Relating to Lost and
CC -152 Unclaimed Property" having been introduced at a regular
meeting of the Lodi City Council held October 4, 1989 was
brought up for passage on motion of Council Member Reid,
21
Continued October 18, 1989
73r
Olson 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 - Olson, Pinkerton, Reid, and
Hinchman (Mayor Pro Tempore)
Noes: Council Members - None
Absent: Council Members - Snider
ORDINANCE ESTABLISHING
AMENDED RATES FOR THE
SALE OF ELECTRIC ENERGY
BY THE CITY OF LODI
ORDINANCE NO. 1464 ADOPTED
CC -51(d) Ordinance No. 1464 entitled, "An Ordinance of the Lodi City
CC -56 Council Repealing Ordinance No. 1348 of the City of Lodi
CC -149 and Enacting .a New Ordinance Establishing Rates for the
Sale of Electric Energy by the City of Lodi" having been
introduced at a regular meeting of the Lodi City Council
held October 4, 1989 was brought up for passage on motion
of Council Member Reid, Olson 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 - Olson, Pinkerton, Reid, and
Hinchman (Mayor Pro Tempore)
Noes: Council Members - None
Absent: Council Members - Snider
URGENCY ITEM ADDED
TO THE AGENDA PURSUANT
TO STATE LAW
CC -6 City Manager Peterson advised the City Council that there
was an urgency situation that had developed and the need to
take action on the matter arose after the preparation and
posting of the agenda.
On motion of Council Member Olson, Reid second, the City
Council determined that pursuant to Government Code Section
54954.2 that an urgency situation had developed and the
need to take action arose after the preparation and posting
of the agenda.
On motion of Council Member Pinkerton, Olson second, the
City Council added the following item to the agenda:
WA
Continued October 18, 1989
a) "Closed Session" regarding litigation -
Davenport vs the City of Lodi
CLOSED SESSION
CC -200(d) At approximately 9:50 p.m. the City Council adjourned to
"Closed Session" regarding the following matters:
a) Threatened litigation - City of Lodi vs
Van Ruitan Trust
b) Litigation - Davenport vs the City of Lodi
At approximately 14:25 p.m., the City Council reconvened to
open session and the City Manager was directed to negotiate
with the Van Ruitan Trust for an amicable resolution
regarding the matter and was authorized to execute any
necessary documents on behalf of the City.
ADJOURNMENT
The meeting was adjourned at approximately 10:30 p.m. It was determined that
it would not be necessary to adjourn this meeting to 4:30 p.m., Thursday,
October 26, 1989 for the purpose of a "Closed Session" regarding labor
relations.
ATTEST:
Alice M. Reimche
City Clerk
W