HomeMy WebLinkAboutMinutes - April 7, 1999LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 7, 1999
7:00 P.M.
ROLL CALL
Present: Council Members — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor)
Absent: Council Members - None
Also Present:
City Manager Flynn, Deputy City Manager Keeter, Public Works Director Prima,
Community Development Director Bartlam, City Attorney Hays and City Clerk
Reimche
2. INVOCATION
The invocation was given by Pastor Perry Kalis, Temple Baptist Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Land.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Land presented a proclamation to William Mitchell, Director of San Joaquin County
Public Health Services, proclaiming the week of April 4 -- 10, 1999 as "Public Health
Week" in the City of Lodi.
b) Mayor Land presented a proclamation to Richard Jones, Executive Director of the Lodi
Boys and Girls Club, proclaiming the week of April 11 — 17, 1999 as "National Boys and
Girls Club" in the City of Lodi. Further, a Certificate of Recognition was presented to Billy
Mireles, who participated in the "Mayor For The Day" program.
c) Mayor Land presented a proclamation to Bob Whitmire and Bill Dauer with Lodi Memorial
Hospital proclaiming May 8, 1999 as "Walk For The Health Of It" in the City of Lodi.
d) A representative from the Lodi Arts Commission was not at the meeting; therefore an
update was not made to the City Council on the activities and accomplishments of the
Lodi Arts Commission.
e) Police Chief Hansen and Police Volunteer Supervisor Biskup introduced the graduating
class of the 10th Partners Academy. Mayor Land presented each graduating member with
a City of Lodi pin.
f) Julia Green, Executive Director with the San Joaquin County Council of Governments
(COG), presented the City of Lodi with the Golden K Award for March 1999.
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Hitchcock second, unanimously approved the following items
hereinafter set forth except those otherwise noted:
a) Claims were approved in the amount of $6,122,811.33.
Continued April 7, 1999
b) The minutes of March 17, 1999 (Regular Meeting), March 25, 1999 (Joint Meeting with
the Downtown Lodi Business Partnership), March 25, 1999 (Joint Meeting with the Lodi
Arts Commission) and March 31, 1999 (Joint Meeting with the Lodi Unified School
District) were approved as written.
c) Adopted Resolution No. 99-48 authorizing the purchase of one IBM 3130-03S high-speed
system printer from Orcom Solutions of Bend, Oregon, in the amount of $18,649.37.
d) Adopted Resolution No. 99-49 authorizing the purchase of 30 Safariland® Multi -Hex III -A
concealable ballistic vests with trauma plate and spare cover from LC Action Police
Supply of San Jose, under terms of their bid with the City of Richmond, California, in the
amount of $13,867.43.
e) Authorized the donation of one surplus Opticom traffic signal pre-emptor unit to
Woodbridge Fire District (the estimated value of this unit is $500).
f) Adopted Resolution No. 99-50 awarding the contract for installation of electric utility
substructures under and along Highway 99 south of Kettleman Lane and on Thurman
Street from Industrial Substation to east of Guild Avenue to the low bidder, Royal Electric
Company, of Sacramento, in the amount of $52,270.
g) Adopted Resolution No. 99-51 awarding the bid for the Wide Area Network (WAN)
Premise Equipment and Support Contract to WAN/LAN Solutions, from Rocklin,
California, in the amount of $119,731.11.
h) Adopted Resolution No. 99-52 awarding the bid for the City's Wide Area Network (WAN)
Firewall Software to the low bidder, Angus -Hamer, Inc., of Granite Bay, California, in the
amount of $17,599.19.
Adopted Resolution No. 99-53 awarding the Wide Area Network (WAN) Fiber Optic
Cabling Installation contract to Pacific Bell, from Stockton, California, under the
competitively bid State of California CALNET contract, in the amount of $59,836.67.
j) Agenda item #E-10 entitled, "Authorize City Manager to execute agreement for Internet
services" was pulled from the agenda pursuant to staffs request.
k) Accepted improvements under the "Armory Park Improvements, 333 North Washington
Street" contract and directed the City Engineer to file a Notice of Completion with the
County Recorder's office.
I) Adopted Resolution No. 99-54 amending Traffic Resolution No. 97-148 by approving the
installation of angle parking on the west side of Washington Street between Walnut and
Oak Streets; and approved the conversion from "yield" to "stop" control on Walnut Street
at Washington Street.
m) Adopted Resolution No. 99-55 approving Program Supplement No. 008-M to
Administering Agency -State Agreement No. STPLHG-5154(010) from Hazard Elimination
and Safety (HES) Grant Intersection Lighting.
n) Adopted Resolution No. 99-56 authorizing the City Manager to execute a professional
engineering services contract for design work for the Lower Sacramento Road Widening
Project, and appropriated funds.
o) Agenda item #E-15 entitled, "Agreement for purchase of neighborhood park site in
Bridgetown, Unit No. 1 which repeals and supersedes previous agreement recorded as
Instrument No. 96118935" was pulled from the agenda pursuant to staffs request.
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Continued April 7, 1999
p)
Adopted Resolution No. 99-57 approving the destruction of certain records retained by the
Finance Department.
q) Agenda item #E-17 entitled, "Annexation agreement for Property Tax Allocation" was
removed from the Consent Calendar and discussed and acted upon following approval of
the Consent Calendar.
r) Approved the specifications for five 35 -foot Compressed Natural Gas (CNG) buses and
authorized advertising for bids.
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-17 entitled, "Annexation agreement for Property Tax Allocation".
City Manager Flynn presented the following report.
California annexation procedures require that property tax agreements be in place before
the Local Agency Formation Commission (LAFCO) can process an annexation
application. There are no requirements regarding the format or contents of an agreement
but an annexation cannot be considered without one. Individual agreements can be
negotiated for each annexation or a master agreement can be executed.
Over a seven-month period in 1996, the city managers of the seven San Joaquin County
cities and the County Administrator worked to create a new master Countywide
Annexation Agreement. With the exception of Lodi, all of the cities have executed a
master agreement based on the Countywide consensus that was reached in these
meetings.
The central feature of the Countywide agreements governs the allocation of property tax.
The basic sharing of reallocated property taxes (the annexation pool) is specified to be in
the ratio of 90% County and 10% City. As to term, the agreements executed by the other
cities were to be in effect for a period of seven years and will be terminated on June 15,
2003.
It is in the interest of the City of Lodi to participate in the Master Annexation Agreement at
this time. The agreement is based on the basic sharing of reallocated property tax
(90/10) and the Countywide termination date (6/15/03).
Council Member Nakanishi removed this item for discussion purposes, and posed
questions relating to the split and at how it was arrived.
The City Council, on motion of Council Member Nakanishi, Land second, unanimously
approved the Annexation Agreement for property tax allocation and authorized the City
Manager to sign and return the agreement to San Joaquin.
7. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Land called for the continued Public Hearing to
consider police alarm ordinance and fees.
ACTION:
The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
continued the Public Hearing to April 21, 1999 to consider police alarm ordinance and
fees.
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Continued April 7, 1999
b) Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Land called for the Public Hearing to consider
the Planning Commission's recommendation that the City Council adopt a General Plan
Land Use Amendment from MDR, Medium Density Residential to LDR, Low Density
Residential.
Community Development Director Bartlam provided the following report.
The project involves the small southernmost triangular portion of the approved and
developing Lodi West Development Plan. The recommended General Plan Amendment
stems from the recent Planning Commission approval of the Lodi West development plan
amendment that redesigned the 7.16 -acre project site from a 57 -lot, medium -density,
single-family subdivision into a 42 -lot, low-density single-family subdivision. Subsequent
to the approval of development plan amendment, the Planning Commission
recommended the forfeiture of the original 57 Council approved medium -density building
permit allocations and the awarding of 42 low density allocations. The City Council
approved the recommended allocations late last year. In addition to the development plan
amendment and the awarding of allocations, the Planning Commission recently approved
the tentative subdivision map for Lodi West, Unit No. 7, which mapped the project area in
compliance with its development plan. All of the prior Planning Commission approvals are
contingent on the City Council's approval of the recommendation to approve this General
Plan amendment.
The following information is a detailed background on the Lodi West, Unit No. 7 tentative
subdivision map. Unit No. 7 is generally located south of Paradise Drive, north and east
of the Woodbridge Irrigation District Canal (WID), and west of Lower Sacramento Road.
In order to validate the recently approved subdivision, the General Plan Land Use Map
amendment from MDR, Medium Density Residential to LDR, Low -Density Residential
must take place. Unit No. 7 contains approximately one-tenth of the total single-family
lots approved and allocated for the entire Lodi West Development Plan.
The 42 single-family lots of Unit No. 7 will be similar in size to the existing lots of the
previously approved subdivision units to the north; however, the proposed street
configuration is unique to this subdivision unit. Given the small number of dwelling units
within the project and that the longest street section will only serve 11 homes, the
applicant proposed a smaller 38 -foot right-of-way.
The City's minimum standard for residential street width is 50 -feet; however, comments
and discussions among Engineering, Fire and Planning have provided the information
necessary to conclude that the proposed 38 -foot right-of-ways are attractive and
functional. The street will be at a residential scale providing access to the homes without
overwhelming the area with a lot of unnecessary pavement. We feel that the proposed
street widths will discourage high speeds by physically making it appear more difficult to
do so. By staggering driveway locations on the streets, we will also be able to allow on -
street parking without creating an obstruction to emergency vehicles. There is a condition
of approval to provide street trees near the back of the sidewalk to establish a parkway
atmosphere. This condition is a move toward a City standard that could apply to all future
residential developments implementing a reduced street width.
Another unique element of the street system of Unit No. 7 is the use of a hammerhead
style turnaround instead of the typical cul-de-sac. The hammerhead turnaround is
beneficial to the project because it is functional, is much less expensive than having to
provide an 80 -foot diameter cul-de-sac, and maximizes the number of lots within the
development. By reducing costs and increasing the density within the subdivision, the
developer will save money and have the ability to pass these savings on to the consumer.
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Continued April 7, 1999
The subdivision map is proposed at approximately 6 dwelling units per acre with an
average lot size of around 5,500 square feet. The proposed density and lot sizes are
consistent with the existing R-2, single-family zoning of the surrounding lots to the north
and west. Lodi West, Unit No. 7 is in substantial compliance with its approved
development plan. The lots of Unit No. 7 have been reviewed and approved at the
development plan level and are simply a continuation of the development process.
Over the past seven years, 233 of the 378 single-family lots of the Lodi West
Development Plan have been mapped as a final subdivision map. So far, approximately
83 homes are built and 66 are under construction. Frontier Development has been
constructing homes in the Lodi West Subdivision for over a year now and the majority of
the homes in the subdivision. Given Lodi West's slow start, staff is pleased to see
Frontier Development's recent and continued activity. Frontier will be constructing homes
on the remaining lots of the existing final subdivision units as well as the lots of the final
map established from this tentative map.
Hearing Opened to the Public
There was no one wishing to speak on this matter.
Public Portion of Hearing Closed
ACTION:
Following discussion, the City Council, on motion of Council Member Hitchcock,
Nakanishi second, unanimously adopted Resolution No. 99-58 entitled, "A Resolution Of
The Lodi City Council Amending The Land Use Element Of The Lodi General Plan By
Redesignating The Property Located At 2630 Paradise Drive From MDR, Medium Density
Residential To LDR, Low Density Residential".
8. COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City's Risk Manager and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Council
Member Hitchcock, Pennino second, unanimously rejected the following claims:
1. Ham Lane Church of Christ, date of loss 12(4/98
2. Courtney Farnsworth, date of loss 10/17/97
b) City Clerk Reimche read the following ABC Licenses:
1. Sandra K. Wareham to Donald Jack Stunkart, Corner Pocket, 725 South
Cherokee Lane, Lodi, On -Sale Beer and Wine, Person to Person Transfer
c) The City Council, on motion of Council Member Pennino, Land second, unanimously
made the following recommended appointment to the Local Agency Formation
Commission (LAFCO):
Local Agency Formation Commission (LAFCO)
Council Member Stephen J. Mann, Alternate
d) City Clerk Reimche provided for information a notice from Pacific Gas & Electric Company
regarding application to reduce PG&E's electric rates at the end of the electric rate freeze.
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Continued April 7, 1999
9. REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Select design alternative and approve plans and
specifications and advertisement for bids for Sacramento Street Reconstruction, Pine
Street to Oak Street".
Public Works Director Prima presented the following report.
This project consists of reconstructing approximately 24,000 square feet of asphalt
concrete pavement and replacing curb, gutter, sidewalk, street lights, street trees along
the west side of the street, and other incidental improvements. This work is to be done in
conjunction with the Multimodal Station Project.
This is the first major street improvements project adjacent to the Downtown street project
recently completed. Staff is seeking Council confirmation on continuing the practice of
placing trees in the parking zone as was done on School and Oak streets versus
replacing the improvements as is. Continuation of this design on other Downtown streets
was not specifically addressed in the Downtown Concept Plan. (In fact, some of the
graphics imply it was not to be continued.) However, there are some significant
advantages to this design:
• The pedestrian space is enlarged which also allows more room for outdoor seating
and/or merchandise displays.
• The trees are further away from awnings and street lights, thus reducing conflicts.
• The trees can grow and be pruned to provide better shade than ones located close to
the buildings.
The two designs were discussed in detail. The "tree -in -parking -zone" configuration, while
providing an improved pedestrian environment, causes the loss of five parking spaces in
this block. While the loss of a few parking stalls is of concern, with the additional spaces
to be added by the Multimodal Station and future projects, staff felt the advantages
outweigh that concern.
Council Member Pennino requested staff to evaluate the cost effectiveness of improving
two blocks on Sacramento Street as one project.
Following additional discussion, the City Council, on motion of Council Member Pennino,
Hitchcock second, unanimously approved the plans and specifications for the
Sacramento Street Reconstruction, Pine Street to Oak Street, and selected the Design
Alternative with the trees in the street.
10. ORDINANCES
None.
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
There was no one wishing to speak under this segment of the agenda.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Mann stated he learned recently that the City of Modesto has an
ordinance in place that puts very tight controls on adult -type businesses. Further, he
stated that it is his understanding that their ordinance has been tested legally. Council
Member Mann asked that the City Attorney request a copy of this ordinance, study it, and
make recommendations as to whether or not the City of Lodi could use it as a model.
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Continued April 7, 1999
Mayor Land and Council Members Nakanishi and Hitchcock indicated they would be in
favor of looking into this. Council Member Hitchcock added that she understands Citrus
Heights also has a brand new ordinance regarding the same matter, and she would be
interested in the City looking at that ordinance as well.
Council Member Mann stated that the City of Modesto's ordinance has been very
successful, and he would look forward to a like ordinance being adopted and imposed in
Lodi.
b) Council Member Pennino acknowledged receipt of a petition signed by a number of
parents of children attending Lawrence School. The petition expresses their concern
about the danger they are being exposed to every day in crossing Lockeford Street at the
corner of Calaveras Street. They are asking that a stop sign be placed on Lockeford
Street for the security of all the community and especially the children. Council Member
Pennino suggested that a letter be prepared for the Mayor's signature advising that work
is presently being planned for the subject area, and that the letter be forwarded to the
parents and the Lawrence School Parent-Teacher Association (PTA).
c) Council Member Nakanishi reported that he recently attended a Planning Conference,
and he came away with many new ideas.
d) Council Member Hitchcock reported that last week the City Council met in a joint meeting
with the Lodi Unified School District (LUSD). Council Member Hitchcock indicated that
discussion included joint -use agreements, before and after school programs and lack of
facilities. Council Member Hitchcock encouraged community support of the School Board
bond issue that is coming before the community shortly.
e) Mayor Land stated he had served as a judge recently for a talent show at Lodi Middle
School. He congratulated the winner and indicated how much he enjoyed the event.
Mayor Land further stated he has been invited this weekend to attend the 100th birthday
celebration of Ida Sinclair. Also, he has been invited to the 50th wedding anniversary
celebration for Evanda and Reuben Frey.
Mayor Land presented a new brochure that was published by the Boosters of Boys and
Girls Sports Organization and acknowledged what an outstanding organization this is.
Mayor Land stated that on the evening of April 8, 1999, he will be attending the California
Parks and Recreation Society awards banquet. He stated that the Lodi Rotary Club will
be honored for its efforts at Van Buskirk Park and that John Griffith will receive the Lodi
Community Service Award.
Mayor Land stated that two weeks ago he did a ride -along with the Lodi Fire Department
and acknowledged the City's outstanding Fire Department employees.
Mayor Land gave a report on the Stockton City Council meeting he and other City
representatives attended at which ProStyle Sports was a topic of discussion.
Also at that meeting, it was brought out that the Stockton City Council is concerned about
developing a green belt. It was suggested that a 2 x 2 x 2 Committee be formed
comprised of two representatives each of the City of Lodi, the City of Stockton and the
Board of Supervisors to study this subject and the master planning of the 1-5 corridor.
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Continued April 7, 1999
f) City Manager Flynn stated that City Attorney Hays will be celebrating his birthday on April
12, 1999 and that Police Chief Hansen will celebrate his birthday on April 15, 1999.
g)
City Manager Flynn stated he had been contacted by a citizen who applauded the Fire
Department in saving the citizen's life.
City Manager Flynn provided the City Council with statistics on turnover in the City's work
force and salary comparison information pertaining to the Lodi Fire Department and the
Woodbridge Fire Department.
Council Member Hitchcock thanked City Attorney Hays for his serving as Principal For A
Day at Lodi Middle School and to Mayor Land for his judging of the talent contest.
13. CLOSED SESSION
Mayor Land adjourned the City Council meeting to a Closed Session to discuss the following
matters:
a) Actual litigation: Government Code §54956.9(a). One case. Fireman's Fund Insurance
Company v. City of Lodi, et al., United States District Court, Eastern District of California
Case No. CIV -S-98-1489 LKK PAN
b) Threatened litigation: Government Code §54956.9(b). One case. Potential suit by
Crystal Rieger against City of Lodi based on vehicle accident
14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 8:55 p.m., and Mayor Land disclosed that
item a) was not discussed and that on item b) the City Council provided staff with authority to
negotiate a settlement.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Land adjourned the
meeting at approximately 8:55 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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