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HomeMy WebLinkAboutMinutes - July 21, 1992 (5)CITY COUNCIL, CITY OF LODI CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, AUGUST 5, 1992 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Pennino, Sieglock, Snider, and Pinkerton (Mayor) Absent: Council Members - None Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney McNatt, and City Clerk Reimche INVOCATION The invocation was given by Reverend Norm Mowery, First United Methodist Church. PLEDGE OF The Pledge of Allegiance was led by Mayor Pinkerton. ALLEGIANCE PRESENTATIONS PROCLAMATION Mayor Pinkerton presented a proclamation proclaiming August 1 - 8, 1992 as "Pacific Southwest Regional 13 Year Old Babe CC -37 Ruth Baseball Tournament week in Lodi". COMMENTS BY THE PUBLIC There were no persons wishing to speak under this segment of the agenda. CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Snider, Hinchman second, approved the following items hereinafter set forth. CLAIMS CC -21(a) Claims were approved in the amount of $6,216,363.39. MINUTES The Minutes of July 1, 1992 (Regular Meeting), July 15, 1992 (Regular Meeting), and July 21, 1992 (Special Meeting) were approved as written. PLANS AND SPECIFICATIONS FOR ABOVEGROUND VAULTED FUEL STORAGE TANK, 125 NORTH STOCKTON STREET APPROVED CC -12.1(c) The City Council approved the plans and specifications for Aboveground Vaulted Fuel Storage Tank, 125 North Stockton Street and authorized advertising for bids. 1 Continued August 5, 1992 This project consists of furnishing and installing a double 500 gallon (500/500) capacity steel fuel tank contained in a concrete vault. The work shall also consist of furnishing and installing tank accessories and pump, slab, posts, seismic restraints and other incidental and related work, all as shown on the planig and specifications for the above project. This tank will at the site. separate contract. SPECIFICATIONS APPROVED FOR DIAL -A -RIDE STATION WAGON RESOLUTION NO. 92-127 replace the existing underground fuel tank The existing tank will be removed under a CC -12.1(b) The City Council adopted Resolution No.,92-127 approving CC -300 the specifications for one (1) Chevrolet Station Wagon and authorized advertising for bids to be received Tuesday, August 18, 1992. The City Council was advised that funds to purchase one (1) Chevrolet Station Wagon for Dial -A -Ride were approved in the 1992-93 Budget. The unit will replace wagon #16 which has 81,000 miles on it, and has a life -to -date cost for maintenance and repairs totalling $8,540. Recently it has been involved in two accidents for which repair costs are estimated to be $1,920. The vehicle should be replaced now rather than repaired as it is due for replacement and the cost of repairs would not likely be recovered when sold. The City Council also authorized the sale of the old station wagon, after salvageable parts are removed from it, through public auction (rather than the sealed bid procedure) as approved at the March 18, 1992 meeting for the sale of surplus vehicles and equipment, by consignment to the Modesto auctioneering company of Roger Ernst and Associates. SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR ONE 60-12kV POWER TRANSFORMER WITH LTC CC -12.1(c) The City Council approved the specifications and authorized advertisement for bids for one 60-12kV Power Transformer. The City Council was advised that the #1 transformer bank at McLane Substation consists of a power transformer and a separate voltage regulator. The voltage regulator was originally installed at Killelea Substation when the City received service at 12kV from PG&E in the early 1960'x. The regulator is in poor mechanical condition and has had several recent component failures. The regulator's Continued August 5, 1992 manufacturer has been out of business for several years making repair parts extremely difficult to locate, if not impossible. Given the condition of this very important system component, a replacement was budgeted during the 1990-91 fiscal year. The Department, in talking to power transformer manufacturers, was led to believe that sufficient interest existed to bid and build a replacement regulator. However, after two bids for a regulator, both of which were rejected, it became apparent that no real interest existed to construct a replacement regulator at a cost that would make this alternative economically justifiable. The most economical alternative considering the bid prices received for a replacement regulator is a complete replacement of the regulator -transformer combination with a new power transformer having built-in regulation. The additional investment for the replacement unit will easily be returned over its life due to reduced losses as a result of improved materials and construction techniques in today's power transformers. Y The estimated cost of this power transformer is $480,000 with delivery expected in approximately 40 weeks. The bid opening date has been set for Friday, August 28, 1992. PECIFICATIONS FOR BIDS FOR SECONDARY 'IRE FOR THE ELECTRIC UTILITY DEPARTMENT XPROVED CC -12.1(b) The City Council approved the specifications and authorized advertisement for bids for 29,600 feet of #4/0 aluminum secondary wire, and 12,000 feet of #1/0 aluminum secondary wire. The City Council was advised that the Electric Utility Department's Engineering Division has prepared work orders to begin the replacement of secondary wire at various locations in the City's electrical distribution system. The replacement program, an approved part of the 1992-93 fiscal year budget, is to replace deteriorated overhead secondary conductor and to improve systerh reliability. SPECIFICATIONS FOR BIDS FOR WEAPONS AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT APPROVED CC -12.1(b) The City Council approved the specifications and authorized the advertisement for bids for 89 semi-automatic pistols, 89 holsters, and 85 magazine pouches for issue to Police Department officers and administration personnel. The City Council was reminded that on July 15, 1992, the City Council authorized the allocation of funds from the 3 Continued August 5, 1992 Asset Seizure Account to purchase firearms and related equipment. ACCEPTANCE OF IMPROVEMENTS UNDER CONSTRUCTION OF BERMS, HENNING SUBSTATION, 1331 SOUTH HAM LANE, LODI RESOLUTION NO. 92-128 CC -90 The City Council adopted Resolution No. 92-128 accepting CC -300 the improvements under construction of berms at Henning Substation and directed the Electric Utility Director to file a Notice of Completion with the County Recorder's Office. The contract was awarded to Diede Construction, Inc., Woodbridge, California on May 6, 1992 in the amount of $24,316 with subsequently approved Change Order (1) bringing the final contract price to $25,290. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contractor's completion date was July 22, 1992. ACCEPTANCE OF IMPROVEMENTS UNDER TRAFFIC SIGNAL AND LIGHTING INSTALLATIONS AT KETTLEMAN LANE/MILLS AVENUE, HUTCHINS STREET/VINE STREET, CHURCH STREET/WALNUT STREET, CHURCH STREET/OAK STREET, CHURCH STREET/PINE STREET, CHURCH STREET/ELM STREET CC -90 The City Council accepted the improvements under the "Traffic Signal and Lighting Installations at Kettleman Lane/Mille Avenue, Hutchins Street/vine Street, Church Street/Walnut Street, Church Street/Oak Street, Church Street/Pine Street, Church Street/Elm Street" contract, and directed 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 Collins Electrical Co., Inc. of Stockton on September 18, 1991, in the amount of $247,798.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was May 6, 1992, and the actual completion date was June 25, 1992. The final contract price was $258,399.20. The difference between the contract amount and the final contract price is mainly due to additional upgrades to the signal system and the installation of a new handicap ramp at the southeast corner of Church Street and Walnut Street. Continued August 5, 1992 :ONTRACT AWARD FOR CHURCH STREET OVERLAY, NODI AVENUE TO CHESTNUT STREET, TOKAY STREET TO VINE STREET RESOLUTION NO. 92-129 CC -12(a) The City Council adopted Resolution No. 92-129 awarding the CC -300 contract for the Church Street Overlay, Lodi Avenue to Chestnut Street, Tokay Street to Vine Street to Claude C. Wood Co. in the amount of $77,929.20, and directed that the installation of a raised median on Church Street from Lodi Avenue to 135 feet south of Lodi Avenue be deleted from the project. This project consists of overlaying Church Street with asphalt concrete and pavement reinforcing fabric, repairing existing damaged curb and gutter, installing two concrete wheelchair ramps at Church Street and vine Street, and other incidental and related work, all as shown on the plans and specifications for the project. Plans and specifications for this project were approved on July 1, 1992. The City received the following two bids for this project: Bidder Location Bid Engineers Estimate $95,450.00 Claude C. Wood Co. Lodi $77,929.20 Granite Construction Co. Stockton $93,875.30 To determine if restriping was needed on Church Street with the overlay project, staff reviewed accident records for a 5 -year period (1987-1991) from Chestnut Street to Lodi Avenue. As discussed in the July 1, 1992 Council Communication, one concern about the existing striping was that the northbound approach does not have a separate left -turn lane whereas the southbound -approach does have a separate left -turn lane. There has been one reported accident which involved a southbound left -turning vehicle and a northbound through vehicle. It is not possible to determine if this accident was caused by the dissimilar lane geometry. There has also been one accident which involved a northbound vehicle rear -ending a vehicle waiting to turn left onto Lodi Avenue. Based on the present volumes, the existing striping also provides the best operating conditions for the Church Street and Lodi Avenue intersection. Widening may be needed in the future (fifteen years +/-) which will require removal of mature trees on both sides of Church Street. Continued August 5, 1992 There is an accident and congestion problem on Church Street immediately south of Lodi Avenue. There have been six rear -end accidents related to the Longs Drugstore and Wells Fargo Bank driveway. Staff recommended installing a raised median to eliminate the left turns in and out of this driveway . Motorists will still be able to access the property from Lodi Avenue, Chestnut Street, School Street, and by right turns on Church Street. The Longs Drugstore manager sent staff a letter requesting additional information regarding the accidents which occurred at the Church Street driveway. A copy of this Council Communication was sent to him prior to the Council meeting. Addressing the City Council speaking in opposition to the proposed raised median was Ken Cantrell, Manager of the Lodi Avenue Longs Drug Store. TRAFFIC RESOLUTION AMENDMENT, AVENA AVENUE AT WALNUT STREET AND LOUIE AVENUE AT PLEASANT AVENUE, INTERSECTION CONTROL RESOLUTION NO. 92-130 CC -48(a) The City Council adopted Resolution No. 92-130 amending the CC -300 Traffic Resolution 487-163 to approve the conversion of "yield" signs to "stop" signs on Avena Avenue at Walnut Street and on Louie Avenue at Pleasant Avenue. The City Council was reminded that the intersections of Avena Avenue at Walnut Street and Louie Avenue at Pleasant Avenue have been studied due to their accident rates. The accident rates at these locations rank high on our study list of intersections controlled by "yield" signs. Available accident records over the three-year period from 1989 through 1991 indicate there have been three accidents at the intersection of Avena Avenue and Walnut Street and two accidents at the intersection of Louie Avenue and Pleasant Avenue correctable with the installation of "stop" signs. Based on the department's intersection control guidelines, a "stop" control is recommended on Avena Avenue at Walnut Street due to the low traffic volumes and disproportionately high number of accidents. A "stop" control is also recommended on Louie Avenue at Pleasant Avenue due to the number of accidents and the low approach speeds necessary for drivers on Louie Avenue to see approaching vehicles on Pleasant Avenue. Multi -way stop controls are not justified at either of these intersections. 6 Continued August 5, 1992 SALARY ADJUSTMENTS FOR SELECTED EMPLOYEES' GROUPS - MAINTENANCE AND OPERATORS UNIT AND POLICE DISPATCHERS UNIT RESOLUTION NOS. 92-131 AND 92-132 CC -34 The City Council adopted Resolution No. 92-131 authorizing CC -300 an increase in the salary ranges for the Maintenance and Operators' Unit and Resolution No. `92-132 for the Lodi Police Dispatchers' Unit of 4V retroactive to the pay period beginning July 6, 1992. The City Council was advised that the City of Lodi had entered into Memorandums of Understanding (MOU) with the Maintenance and Operators' Unit and the Lodi Police Dispatchers' Unit which calls for a 4% across-the-board salary increase effective July 6, 1992. PUBLIC HEARING SET FOR EAST SIDE STREET LIGHTING PROGRAM CC -133 The City Council set a public hearing for September 2, 1992 to allow the residents of the areas proposed to be lighted the opportunity to speak their opinion and also to hear recommendation from staff. The City Council was advised that this project will install street lights at four sites on the east side as shown below. In the area of Heritage School on Garfield Street between Hilborn and Eden Streets, on Eden Street between Garfield Street and Cherokee Lane. In the area of Van Buskirk Park on Pleasant Avenue between Forest and Daisy Avenue, on Daisy Avenue between Pleasant Avenue and Church Street. In the area of John Blakely Park on Mission and Poplar Streets between Stockton and Washington Streets, on Washington Street between Mission and Poplar Streets. in the area of Hale Park on Washington Street between Locust and Elm Streets. Comments from the public are expected to be related to the type of light, the brightness of the light, and placement on the sidewalk. Community Development Block Grant (CDBG) funds will be used to pay for this one-time project. 7 Continued August 5, 1992 AGREEMENT APPROVED FOR EMERGENCY CLEAN UP OF PCS STORAGE FACILITY IN UTAH, REDISPOSAL OF CITY OF LODI MATERIAL STORED CC -24 The City Council approved the agreements for the emergency CC -90 clean up of a PCB storage facility in Utah, documentation, handling, redisposal and destruction of City of Lodi material stored within and authorized the transfer of funds in the amount of $30,000 from the Utility Outlay Reserve for this action. The Electric Utility Department during late 1989 and early 1990 contracted with North American Environmental, Inc. for transportation and destruction of PCB material. The material included 55 -gallon drums of oil and transformer carcasses. Unfortunately, the City was recently informed that North American Environmental, Inc. has filed for bankruptcy prior to the destruction of all material from Lodi. At this time, 17 drums of oil and 2 transformer carcasses have been located in a warehouse in Utah together with material from a number of other agencies. The Environmental Protection Agency (EPA) is now involved in the clean up of the material located in the Utah warehouse. EPA has given all the generators (Lodi is a generator of the waste) until September 1, 1992 to remove and 'redispose' of this waste or EPA will contract and bill for such clean up and disposal. The City's most favorable removed and destroyed prior negotiated agreements for approved by EPA for the clean to sign these agreements. strongly recommends that option is to have the material to the deadline. The City has this task with contractors UP It a generator (Lodi) be present at clean up process. Therefore, request also includes the cost Utah for the duration of the maximum of 5 days. and at this point is ready should be noted that EPA representative from the the site to monitor the this emergency funding of sending an employee to clean up, estimated at a The estimated cost of this project is $30,000 and includes the removal from the warehouse, the loading and transportation to another handling facility, the destruction of the material, all required documentation and manifests and the cost of having a Lodi representative at the site during the process. It is further worth noting that the generator (Lodi) by law is responsible for this matter even thqugh a once reputable company contracted with the City for handling and destruction of the material. Only after final destruction Continued August 5, 1992 a� i j of the material has been completed and documented will this liability diminish. PUBLIC HEARING SET REGARDING STREETS MASTER PLAN AND CAPITAL IMPROVEMENT PROGRAM CC -15 The City Council set a public hearing for September 2, 1992 on Streets Master Plan and Capital Improvement Program. The City Council was advised that the recommended Streets Capital Improvement Program is being prepared and includes a number of projects which have been discussed over the past year. These projects, requested by citizens, include: Right-of-way fences and landscaping (including east side of Ham Lane north of Kettleman Lane) Peach Street curb, gutter and sidewalk Cherokee Lane improvements. The complete list of projects is scheduled for review by the Planning Commission on August 10, 1992 for conformance with the General Plan. The project listing and descriptions will be available for review well in advance of the September 2, 1992 Council meeting. PUBLIC HEARING SET REGARDING THE MATTER OF THE ZONING/REZONING OF THE TOWNE RANCH PROJECT (APN'S 029-030-01 and 42) CC -53(b) The City Council set a public hearing for consideration of an ordinance zoning/rezoning the Towne Ranch project (APN's 029-030-01 and 029-030-42) R-2, as recommended by the Planning Commission. At the Council meeting of July 15, 1992, it became apparent that Ordinance No. 1529, in which the Towne Ranch project was prezoned "R-1 and R-2", was defective. Although the Planning Commission voted to recdimnend that the parcels be zoned completely R-2, the erroneous language "R-1 and R-2" somehow found its way into Ordinance 1529 which was then adopted on November 20, 1991 by the Council. Based on this error, it is now necessary that the Council repeal Ordinance 1529 and reenact another ordinance properly designating the property to be so zoned. In order to do so, a public hearing should be noticed pursuant to Government Code Section 65856. Since the property has already been annexed to the City, it may be desirable to zone/rezone the land by way of an interim ordinance under Government Code Section 65858. This ordinance would become effective immediately upon adoption. 9 10 9, V, Continued August 5, 1992 r i COMMENTS BY CITY COUNCIL MEMBERS The following comments were received under the "Comments by City Council Members" segment of the agenda: CONTRIBUTION RECEIVED FROM LODI-TOKAY ROTARY CLUB TOWARD PICNIC STRUCTURE AT LODI LAKE PARK CC -27(c) Council Member Snider presented a check in the amount of $2,000.00 from the Lodi-Tokay Rotary Club which represented a third installment toward the completion of the picnic structure at Lodi Lake Park. Of the $7,000 originally committed toward this project, only a balance of $1,000 remains to be paid. SHERIFF'S TEAM OF ACTIVE RETIRED SENIORS (S.T.A.R.S.) PROGRAM CC -6 Council Member Snider asked that the City Manager pass on CC -24(b) to the Lodi Senior Citizens Commission, information regarding the Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) program. LODI DAY AT THE STICK A HUGE SUCCESS Council Member Snider reported on the great success Lodi j Day at the Stick turned out to be with thirteen buses of �= Lodi folks attending. ANNOUNCEMENT REGARDING UNVEILING OF A LANDMARK PLAQUE AT THE HILL HOUSE Mayor Pinkerton announced that there will be an unveiling of a landmark plaque at the Hill House, Lodi's only museum, at 10:00 a.m., August 22, 1992. 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: REQUEST FOR CITY ORDINANCE SETTING A SPEED LIMIT OF 5 MILES PER HOUR IN THE RIVERGATE LAGOON AND BULKHEAD AREA CC -6 The City Attorney was directed to look into the request of CC -184 Robert J. Stipe, 1319 Rivergate Drive, Lodi, President of the Rivergate Homeowners Association asking that the City of Lodi adopt an ordinance setting a speed limit of 5 miles per hour in the Rivergate lagoon and bulkhead area. 10 Continued August 5, 1992 EFFORT OF CITY REGARDING EAST SIDE APPRECIATED ADDITIONAL CONCERNS EXPRESSED CC -16 Virginia Lahr, 311 East Elm Street, Lodi applauded the efforts of the police department in helping them during the organization of their recent block party and expressed appreciation to the City Council and particularly to Mayor Pinkerton and Council Member Hinchman for their past efforts in resolving problems in their area. Mrs. Lahr presented a petition signed by a number of residents in the area voicing a number of complaints regarding the area. The petition reads in full as follows: We the undersigned do hereby appeal to the City Council and other City agencies for action on the following matters: 1. The boarded up house at 303 East Elm Street, owned by Pat Manley and abated by the City. Shed on the property is being used by prostitutes for entertaining their gentlemen e and also is being used by the drunks from Sacramento Street for sleeping. The porches are used for drinking socials. 2. We want the prostitutes off our street. They are responsible for the increase of undesireables on the street. Our children deserve better than this. 3. We want to see the attitude of Sacramento Street changed. If this condition existed near Parkwest, Sunwest or Rivergate, it would not be tolerated. While this has been an ongoing problem on Sacramento Street for years why does it have to continue. There are numerous ordinances on your City books that are being broken everyday. If we break the law we pay, but these people are allowed to break your laws daily without recourse. 4. Gentlemen, Eastside Lodi does exist. While there is money going into our area for Hale Park, our biggest problems are not being addressed. Vandalism is on the increase as well as gang activity, drugs, prostitution, as well as numerous other crimes. Please give this petition some thought and act on it accordingly. We want the privilege every other resident of Lodi has, that is the right to raise our children without all of the riff raff that is allowed to flourish in our neighborhoods. Also we would like to feel that Eastside Lodi does matter. 11 t,. Continued August 5, 1992 PUBLIC HEARINGS Notice thereof having been published adcording to law, an f affidavit of which publication is on file in the office of the City Clerk, Mayor Pinkerton called for the Public Hearing to consider the appeal received from Joe (Mark) Newfield regarding Notice of Public Nuisance and Order to Abate Property located at 4 West Sierra Place, Lodi issued by James H. Siemers, Code Enforcement Officer, on April 2, 1992. APPEAL OF JOE (MARK) NEWFIELD REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE PROPERTY LOCATED AT 4 WEST SIERRA PLACE, LODI CONTINUED CC -53(b) Community Development Director Schroeder advised the City Council that he had met with Mr. Newfield's engineer this date and based on that meeting requested that the matter be continued to September 16, 1992. On motion of Council Member Snider, Hinchman second, the City Council continued the matter to September 16, 1992. V PUBLIC HEARING REGARDING FINAL DRAFT OF THE REGIONAL HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE) CC -24(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 Pinkerton called for the continuation of the public hearing to receive public comments on the Final Draft of the Regional Household Hazardous Waste Element (HHWE) . Assistant to the City Manager Kirk Evans addressed the City Council advising that in its original form, AB 939 called for Household Hazardous Waste to comprise one chapter of the Source Reduction and Recycling Element. Subsequent legislation required this chapter to become a complete plan unto itself. On January 16, 1991, City Council approved a letter of support to the County to explore the development of a Regional Household Hazardous Waste plan. The County Public works Department -Solid Waste Division, took the lead in preparing the Household Hazardous Waste plan using input from City Managers and staff of the seven incorporated cities. Much of the discussion during plan preparation centered around finding some mechanism to finance implementation. On January 8, 1992, the Lodi SWAM Force conducted a public hearing on the Preliminary Draft. This hearing was very well advertised. Unfortunately, no one showed up. Today's public hearing on the Final Draft Household Hazardous Waste Element has been properly noticed, and at the time the Council Communication was written, the News -Sentinel had 12 Continued August 5, 1992 M planned a story to remind the public of this hearing. The Final Draft Household Hazardous Waste Element was presented to City Council for your consideration-. The incorporated cities and the county are essentially approaching Household Hazardous Waste management from a zero base. None of us have significant Household Hazardous Waste programs in place. It therefore makes perfect sense for all local governments to join forces and create a regional plan which will allow us to share resources and achieve economies of scale. The County Board of Supervisors will have overall responsibility for implementing the Household Hazardous Waste plan. The County Integrated Waste Management Plan Task Force (created by AB 939) will serve as an advisory body to the Board of Supervisors. Council Member Sieglock represents the City of Lodi on this Task Force. A technical advisory committee will provide advice and technical assistance to the Task force. Kirk Evans represents the City of Lodi on this committee. For the short term, the Household Hazardous Waste Element calls for a series of one -day collection events throughout the County. An intensive public education program will also be implemented to encourage source reduction of Household Hazardous Waste. By the year 2001, a permanent Household Hazardous Waste facility, staffed with County or contract employees will be established in some central location in the County. This facility will accept Household Hazardous Waste and will act as a home base for a mobile unit which will be used to conduct periodic collection events around the County. As proposed in the Household Hazardous Waste Element, implementation would be financed through a County Service Area, whereby an annual charge of $4.00 would be levied on all dwelling units .in the County. The County Board of Supervisors has requested that all cities adopt a resolution requesting the formation of a County Service Area so revenues may be collected. It is extremely frustrating when the State creates laws mandating local governments to implement programs that can only be financed by raising local revenues. However, this regional plan will provide the most cost-effective method possible for complying with State law. Addressing the City Council regarding the matter were: a) Mr. Gene Delucchi, San Joaquin County Public Works Department; and b) Ms. Lil Price, resident of the City of Lodi. 13 09v Continued August 5, 1992 A lengthy discussion followed with questions being directed to staff and to those who had addressed the City Council regarding the matter. On motion of Council Member Snider, Hinchman second, the City Council requested that its representative to the County Integrated Waste Management Plan Task Force, Council Member Sieglock, bring back to the Task Force various points raised during the public hearing such as transportation, the annual charge, etc. Further, the City Council gave Council Member Sieglock the authority to have the matter reviewed by the Lodi SWAM Force should he deem it necessary to do so. RECESS Mayor Pinkerton declared a five-minute recess and the City Council reconvened at approximately 9:25 p.m. PUBLIC HEARING REGARDING PROPOSED REVOCATION OF MASSAGE TECHNICIANS' LICENSES CC -6 Mayor Pinkerton called for the public hearing to consider CC -17 the appeals to the City Council under Lodi Municipal Code CC -156 Section 5.32.170 by: a) Jennifer Kwi Yoon b) Un Mi Barnes c) Karen A. Ray of the proposed revocation of Massage Technicians' Licenses under Lodi Municipal Code Section 5.32.160. The matter was introduced by City Attorney Bob McNatt who advised the City Council that under Lodi Municipal Code Section 5.32.160, the Chief of Police may initiate revocation proceedings against the holder of a City massage technician's license if it is determined that the licensee has violated any State or Federal law or has permitted a violation of State or Federal law in connection with the operation of the massage business. Under this provision, the Chief of Police or his designee has made a determination that the above-named licensees, in separate matters, have violated or allowed violation of California Penal Code Section 647[b] (Disorderly Conduct) in conjunction with their employment as Massage Technicians or Licensees. Timely appeals have been filed by the three persons named above, requesting that the Council hear and decide the matters. Under Municipal Code Section 5.32.170, the Council is obligated to hear the matters "... at its next 14 Continued August 5, 1992 regular meeting, not sooner than the fifth day after such appeal is filed." All persons involved have been mailed notice of the scheduled hearings. Attorney -at -Law Charles A. Pacheco represented appellant Karen A. Ray. City Clerk Reimche swore in all persons who were expected to give testimony in the matter. Attorney Pacheco requested that Section 647 (b) of the California Penal Code be read into the record which was done so by the City Attorney. Presenting the case for the Lodi Police Department were Detective Matt Foster and Police Officer Willis Smith. Cross examination was done by appellant Karen Ray's attorney Charles A. Pacheco. Council Member Sieglock made a motion to revoke the Massage Technicians license of Karen A. Ray. The motion was seconded by Council Member Hinchman but failed to pass by the following vote: Ayes: Council Members - Sieglock Noes: Council Members - Hinchman, Pennino, Snider and Pinkerton (Mayor) Absent: Council Members - None Following additional discussion, on motion of Council Member Hinchman, Pennino second, the City Council continued the matter to the first Council meeting after September 3, 1992. Further, it was agreed that if the appellant is convicted in criminal proceedings, her license would be automatically revoked. If the appellant is acquitted or the criminal charges are dismissed, her license will not be revoked. The appellant agreed to immediately surrender her license and that it shall be suspended pending the outcome of the criminal trial. The motion carried by the following vote: Ayes: Council Members - Hinchman, Pennino, Snider and Pinkerton (Mayor) Noes: Council Members - Sieglock Absent: Council Members - None 15 Continued August 5, 1992 Council Member Sieglock asked that the record show that he agreed with the officer's case. On motion of Council Member Hinchman, Pennino second, the City Council in the matter of Jennifer Kwi Yoon and Un Mi Barnes found that based on the testimony presented that there was a solicitation of prostitution involving an exchange of sex for money, constituting a violation of Penal Code Section 647 (b), and that this constitutes a basis for revoking their massage technicians' licenses. The licenses were therefore revoked. RECESS Mayor Pinkerton called for a recess immediately following the hearing, and the City Council reconvened at approximately 10:50 p.m. PLANNING COMMISSION Community Development Director Schroeder presented the REPORT following Planning Commission Reports of the Planning Commission Meeting of July 13, 1992 and July 27, 1992: r CC -35 ITEMS OF INTEREST The following actions were taken at the last regular Planning Commission meeting of July 13, 1992. Itt a. Accepted withdrawal of the following requests of Lori t McIntosh on behalf of Southwest Associates: 1. to prezone the parcel at 630 East State Route 12 (APN 058-030-02) from GA, General Agriculture to C -S, Commercial Shopping Center; and 2. to certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above project. b. Accepted withdrawal of the following requests of Daryl Geweke: 1. to prezone the parcel at 570 East Taylor Road (APN 027-050-14) from GA -40, General Agriculture to R-1, Single -Family Residential; 2. to prezone the parcel at 15201 North Lower Sacramento Road (APN 027-027-23) from GA -40, General Agriculture to C -S, Commercial Shopping Center; and E 16 Continued August 5, 1992 M -Y 3. to certify the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. C. Cancelled the Use Permit of Faye B. Conklin for a temporary office trailer at 322 North Sacramento Street in an area zoned M-2, Heavy Industrial. The temporary office trailer was removed. d. Determined that a Zoning Hardship did not exist and denied the request of Robert Vallejo-Pantoja for a Variance to reduce the front yard setback to permit a 616° fence in the 20 -foot setback at 240 South Orange Avenue in an area zoned R-2, Single -Family Residential. e. Continued consideration of the request of Nader Haddad for a Use Permit for a temporary office trailer at 310 North Sacramento Street in an area zoned M-2, Heavy Industrial until July 27, 1992. f. Received a staff report concerning single-family homes with adjacent multiple -family development on two or more sides in the R-1*, Single -Family Residential - Eastside district. The following actions were taken at the Planning Commission meeting of July 27, 1992. The Planning Commission - a. Continued until August 24, 1992 recommending that Site Plan and Architectural Review be required for all non-residential new construction and remodel projects in areas zoned M-1 and M-2. b. Conditionally approved the request of Randall and Laura Heinitz for approval of a Tentative Parcel Map to create two lots from one at 617 and 625 North Pleasant Avenue in an area zoned R-1*, Single -Family Residential - Eastside. C. Extended the Use Permit for a temporary modular office for the Lodi Parks and Recreation Department at 125 North Stockton Street until August 1, 1994 (24 months). d. Extended the Use Permit for two temporary office trailers for Frank C. Alegre Trucking at 802 North Cluff Avenue in an area zoned M-2, Heavy Industrial until August 1, 1993 (12 months) . e. Conditionally approved the request of Nader Haddad for a Use Permit for a temporary office trailer at 310 North Sacramento Street in an area zoned M-2, Heavy Industrial until August 1, 1993 (12 months). 17 % 4� V Continued August 5, 1992 COMMUNICATIONS (CITY CLERK) CLAIMS CC -4(c) On recommendation of the City's Contract Administrator, Insurance Consulting Associates, Inc. (ICA) and the City Attorney, on motion of Council Member Sieglock, Pennino second, the City Council rejected the following claims and referred them back to the City's Contract Administrator: a) Elizabeth Creekmore, date of loss 12/17/91; b) Minnie Ruth Creekmore, date of loss 12/17/91; and c) Michael Marks, date of loss 6/1/92. ABC LICENSE APPLICATION CC -7(f) City Clerk Reimche presented an application for Alcoholic Beverage Control License which had been received from Nipper Enterprises, Inc., Carvath Nipper, President, Rico's Pizza, 2401 West Turner Road, Ste. 224, Lodi, On Sale Beer and Wine Eating Place, Original License. REGULAR CALENDAR CITY -MONITORED SILENT ALARM SERVICE DISCUSSED CC -6 City Manager Peterson addressed the City Council advising CC -152 that at its regular meeting of Wednesday, March 4, 1992 the City Council received a report from staff requesting that the Council concur in the action of staff to discontinue the silent alarm service monitored by the Police Department. Nothing has occurred since then to alter the information and position presented in that report. At the March 4 meeting, following a lengthy discussion, the City Council directed staff to survey the business community to determine the level of interest. The survey form was developed with the assistance of Mr. David Rice, owner of Bitterman's Jewelers, 10 North School Street. Mr. Rice has been the leading proponent of the City of Lodi remaining in the business of monitoring a silent alarm service. The survey form was mailed, with a self-addressed return envelope, to 228 businesses. Of this number, only 25 indicated an interest in subscribing to such a service, although at this time we do not know the costs to individual businesses. It is interesting to note that not a single bank or savings and loan institution expressed an interest in such a service. Bitterman's Jewelers was the only jewelry store in the City expressing interest. Police Captain Larry Hansen coordinated the survey. 18 Continued August 5, 1992 It is the staff's position that the City's remaining alarms can be adequately served by a private alarm company or by an alternate method thereby eliminating the need for the alarm panel as it presently exists or its replacement. Addressing the City Council regarding the matter were: a) Dave Rice, 10 North School Street, Lodi; and b) Paul Alamo, 431 North Cluff Avenue, Lodi. Also addressing the City Council regarding the matter and responding to questions was Captain Larry Hansen of the Lodi Police Department. A lengthy discussion followed with questions being directed to those that had addressed the City Council regarding the matter. Mr. Rice asked for additional time in order to do further checking on survey responses prior to the Council's making a decision. On motion of Council Member Hinchman, Pinkerton second, the City Council continued until August 19, 1992 the making of a decision regarding the City -monitored silent alarm service. The motion carried by the following vote: Ayes: Council Members - Hinchman, Sieglock, Snider and Pinkerton (Mayor) Noes: Council Members - Pennino Absent: Council Members - None CABLE TELEVISION RATE SCHEDULE ADJUSTMENTS CC -22(c) City Manager Peterson advised the City Council that the City of Lodi has received notice from King Videocable Company that the cable company intends to implement certain adjustments to its rate schedule for cable television service effective September 1, 1992.' Listed below is a schedule setting forth these adjustments. These adjustments increase the monthly charge for basic service (18 channels) 50 cents ($16.00 to $16.50) and the cost for the basic plus service (19 additional channels) $1.00 ($3.00 to $4.00). The cost of the total basic service of 37 channels will thus be increased $1.50 ($19.00 to $20.50). The monthly cost of service to apartment complexes of less than 50 units will increase 70 cents ($12.30/unit to $13.00/unit); and to apartment complexes of 50 or more units 60 cents ($9.65 to $10.25). Subscribers will be informed of the options available in the next bill for service they receive. 19 Continued August 5, 1992 The last adjustment in the monthly service rate occurred in September, 1991. There was an additional adjustment effective May 1, 1992, but it was for -installation only. This item is for information only since the City Council no longer has rate setting authority in this area since the passage by Congress of the Cable Communications Act of 1984. A representative of King Videocable Company was present and responded to questions as were posed by members of the Lodi City Council. Following discussion it was determined that the Mayor will be forwarding a letter to our legislators urging the return of rate setting authority to cities. Further it was agreed that in the future, public hearings will be held to review rate adjustments and to hear concerns regarding levels of service, etc. KING VIDEOCABLE COMPANY - LODI RATE SCHEDULE EFFECTIVE SEPTEMBER 1, 1992 Previous Rates Rates Effective S E R V I C E 05-01-92 09-01-92 ----------------------------------------------------------------------- INSTALLATION Installation, first outlet $60.00 $60.00 Additional outlets, each 35.00 35.00 Relocation of existing outlet, each 35.00 35.00 Non-standard installation - unusual construction requirements or cable drop over 150' - time and materials �. MONTHLY SERVICE Basic service (18 channels) 16.00 16.50 Basic Plus (19 channels) 3.00 4.00 Basic Plus (37 channels) 19.00 20.50 Additional outlets 3.50 3.50 PACKAGES one premium service 11.00 11.00 two premium services 18.50 18.50 three premium services 25.00 25.00 four premium services 31.00 31.00 five premium services 37.00 37.00 20 Continued August 5, 1992 C.. OTHER FEES AND RENTALS Processing fee to change packages 10.00 10.00 Remote control converter rental - monthly 3.50' 3.50 TV Guide 3.00 3.00 Late charge (accounts 40 days past due) 5.00 5.00 Trip charges may be assessed for problems not related to cable TV service (VCR hookups, fine tuning TV, etc.) 35.00 35.00 A/B switch purchase 10.00 10.00 D. BULK/COMMERCIAL ACCOUNTS Apartments: less than 50 units 12.30/unit 13.00/unit 50 or more units 9.65/unit 10.25/unit Motels 8.00/unit 8.50/unit ` EXECUTION OF THE COMBUSTION TURBINE PROJECT NUMBER TWO, THIRD -PHASE AGREEMENT APPROVED RESOLUTION NO. 92-133 CC -7(j) Mayor Pro Tempore Pennino asked to abstain from discussion CC -90 and voting on the following matter because of a possible CC -300 conflict of interest. The City council was advised that this project consists of a 49 megawatt Steam Injected Gas Turbine (STIG) unit to be located in the City of Lodi. This will be a highly efficient combustion turbine power plant to be fueled by natural gas. An Environmental Impact Report has been approved for the project and the'required licenses and -air quality permits have been received. NCPA has now received bids for turnkey construction which are competitively priced and NCPA staff is recommending that the member participants proceed with the financing and construction of the project. Proposals for new economic sources of power were solicited by NCPA approximately 3 years ago. NCPA anticipated need for new resources for its members beginning in 1990 and actively solicited bids and proposals from power project developers, wholesale utility suppliers and independent power producers. Following critical analysis of 103 proposals, 3 projects were selected for the second phase investigation; first phase activity represents solicitation of a bona -fide 21 Continued August 5, 1992 proposal and second phase is planning and developing the potential project. Once a project is determined to be feasible (results from second phase activity), final membership participation is determined and the third phase construction/financing begins. A second phase expenditure of $132,661 to cover investigation of the cost and feasibility of construction of a 49 megawatt base load gas resource was approved by the City Council by Resolution 90-112. This project had the highest ranked cost and feasibility potential of the resources evaluated. Second phase evaluation considered siting the project at Roseville or Lodi. Economic and other considerations resulted in adopting the Lodi site near the White Slough Water Treatment Plant. The large volumes of gas required to operate this base load power plant will be supplied from the nearby PG&E backbone high pressure gas line and the electric production will be intertied with the 230Kv transmission system adjacent to the proposed site. Y Following certification of the Environmental Impact Report and the Mitigation Monitoring Program in June 1991, requests for bids were released. Six bids were obtained and evaluated; these bids exceeded staff and participant cost expectations. A second bid procedure was undertaken and the resulting bids fell comfortably within the expectations with the lowest bid below the lowest former bid by almost $10 million. Each project participant has'full and unfettered rights to make transfers, sales, assignments and exchanges of entitlement. NCPA Counsel and the Commission have approved the Third -Phase Agreement for construction, operation and financing of the project. Electric Department staff has evaluated the need for the capacity and energy from the proposed Combustion Turbine Project No. 2 based on the latest projection of loads and resources (including a low -load growth scenario), taking into consideration expected effects of conservation and demand-side programs, and found that the energy and peaking capacity were fully usable on the City's loads under all conditions. However, during the non -peak months, excess capacity would be available for sale or exchange to other utilities. Because of this situation and to assure the City's meeting its 1995 Binding Forecast, staff has been pursuing a seasonal exchange agreement with the City of Alameda. Alameda is a Winter Peaking utility with surplus capacity available in the summer - Lodi has a reverse situation as a Summer Peaking utility. Alameda has agreed to provide Lodi 5 megawatts of capacity from its project participation during the 7 months of April through October 22 Continued August 5, 1992 M (Lodi Summer Peak Season) in exchange for one and one-half that amount during the 5 months of November through March of each year through January 1, 2005. This is a no -cost exchange which benefits both Cities and utilizes some of their respective surplus seasonal capacity. PROJECT COST The low bid turnkey construction cost is $43.1 million and the other significant construction cost is $3.6 million for the interconnection substation. Long-term financial consequences include the commitment to pay annual project debt service cost estimated to be approximately $2.14 million per year, beginning 1995, assuming 30 -year financing at 7 percent interest. The melded costs from the project at assumed 40 percent capacity factor would be $0.073 per kilowatt-hour. This compares to a melded rate for PG&E wholesale power which is expected to be $0.091 per kilowatt-hour. The only significant cost uncertainty at this point results from the fact that the cost of energy from this project is dependent upon the price of natural gas, which is projected to increase substantially over the plant's life, but of course, remains a major unknown. However, the competitive market in California is also dependent on natural gas. Economy energy prices tend to follow natural gas prices directly and the long-term energy price of PG&E wholesale power is projected to be approximately 85 percent dependent on natural gas. At the same time, the City's current power supply resources are only very minimally reliant on natural gas as a fuel and this resource addition will contribute to the electric utility's fuel diversity. ECONOMICS Staff evaluated the economic implications of participating in this project under a number of possible future conditions. Alternatives to participating in the power plant were examined and market prices based on the projected cost of PG&E wholesale power were assumed. Lodi needs to meet its Binding Forecasts for 1994/1995 and looked to this project to fulfill that requirement. The maximum participation available was approximately 20 megawatts which left a resource need of approximately 5 megawatts. This need required staff to negotiate an exchange agreement with Alameda to exchange seasonal capacity surplus, thus making both entities resource sufficient in their respective peak seasons at no cost. The benefit -to -cost ratios are greatly enhanced as are the dollar savings to each City by including seasonal exchange with the project - in fact, with exchange, there are 23 Continued August 5, 1992 significant savings from the first year of project operation. The City Council on motion of Council Member Snider, Sieglock second, adopted Resolution No. 92-133 which authorizes the execution of the Combustion Turbine Project No. Two Third -Phase Agreement (Agreement), for construction and operation of an electric generating plant, on file in the office of the City Clerk. The motion carried by the following vote: Ayes: Council Members - Hinchman, Sieglock, Snider and Pinkerton (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pennino EXECUTION OF THE SEATTLE CITY LIGHT CAPACITY AND ENERGY EXCHANGE, THIRD -PHASE AGREEMENT APPROVED RESOLUTION NO. 92-134 CC -7(f) The City Council was advised that the Northern California CC -90 Power Agency (NCPA), of which Lodi is a participant, has CC -300 found that it would be economical for its participating members to seasonally exchange capacity and energy with a Pacific Northwest utility. 'Seattle City Light (SCL) is a department of the City of Seattle, a Washington State municipal corporation that operates a winter peaking electric utility system composed primarily of hydroelectric generating plants. The City of Lodi operates a summer peaking electric system which has need for Firm Capacity and Associated Energy during the summer peaking season and excess Firm Capacity during the winter season. The Agreement would provide an opportunity for Lodi to meet its Firm Capacity requirements through the year 2005. The exchange detailed in the Agreement provides for Firm Capacity and Associated Energy to be supplied by SCL during the summer season to the NCPA Participants with the expectation that NCPA Participants would return the Firm Capacity and Associated Energy to SCL during the following winter season. The capacity exchange is, in both seasons, derived from surplus availability thus making better use of each utility's resources and is not expected to result in any cost obligation by the parties. NCPA Participants must return 20* more energy in the winter season than received in the summer season and the 49mW 24 Continued August 5, 1992 i j highly efficient combustion turbine generation facility to be located in Lodi has the base load generating capability of producing the required energy during the winter season, which is a more efficient period for its operation (turbine efficiency increases during the cooler weather). NCPA counsel and the NCPA Commission have reviewed the Agreement and recommend its approval by the participants. The Electric Department's review of this matter indicates that the participation level should be 41.667 percent, which translates into approximately 30 megawatts of Firm Capacity. The City Council on motion of Mayor Pinkerton, Snider second, adopted Resolution No. 92-134 which authorized the execution of the Seattle City Light Capacity and Energy Exchange Third -Phase Agreement (Agreement) on file in the office of the City Clerk. The motion carried by unanimous vote of the City Council. "NO PARKING" ZONES ON HUTCHINS STREET SOUTH OF KETTLEMAN LANE APPROVED RESOLUTION NO. 92-135 �-C-48(e) The City Council was advised that the Public Works ::C-300 Department recently received two complaints regarding truck parking on both sides of Hutchins Street south of Kettleman Lane. Trucks parking near the driveways servicing the Mervyn's and Lucky Shopping'Centers make it difficult for drivers to see approaching vehicles while exiting the Hutchins Street driveways. Engineering staff has observed trucks parking along both the east and west sides of Hutchins Street. Visibility of oncoming traffic is restricted by these parked trucks. With the exception of the trucks, no other parked vehicles were observed during the survey times. Available accident records, from 1988 to the present, indicate that there have been no accidents related to sight obstructions at any of these driveways; however, due to the high vehicle speeds on this segment of Hutchins Street (45 mph posted limit), restricted visibility created by parked trucks and low parking demand, staff feels the installation of "no parking" zones adjacent to these driveways is reasonable. In order to provide adequate sight distance for drivers exiting these driveways, staff recommended the installation of "no parking" zones as follows: 25 Continued August 5, 1992 ° Hutchins Street (west side) from 110 feet south of Kettleman Lane to 569 feet south of Kettleman Lane. ° Hutchins Street (east side) from Kettleman Lane to 538 feet south of Kettleman Lane. The lengths of the proposed "no parking" zones do not include the areas fronting residential development. Truck parking is not allowed in these areas under the existing truck parking ordinance. With the exception of a 60 -foot section on the west side of Hutchins Street immediately south of Kettleman Lane, there will not be any available parking along the shopping centers' frontage. On motion of Council Member Hinchman, Snider second, the City Council adopted Resolution No. 92-135 prohibiting parking on both sides of Hutchins Street south of Kettleman Lane. The motion carried by the following vote: Ayes: Council Members - Hinchman, Sieglock, Snider and Pinkerton (Mayor) Noes: Council Members - Pennino Absent: Council Members - None ITEM REMOVED FROM AGENDA Agenda item 4L-6 entitled, "Approve site location for well 3-R, Well Drilling, 144 South Rose Street (southeast corner of Hutchins Street Square) and certify the filing of a Negative Declaration by the Community Development. Director as adequate environmental documentation on the above project" was removed from the agenda. ORDINANCES ORDINANCE LIMITING SPEEDS OF BOATS ON LODI LAKE ORDINANCE NO. 1553 ADOPTED CC -24(b) Ordinance No. 1553 entitled, "An Ordinance of the City CC -27(c) Council of the City of Lodi Amending Chapter 10.20 of the CC -149 Lodi Municipal Code by Adding Thereto a New Section 10.20.040 Limiting Speeds of Boats on Lodi Lake" having been introduced at a regular meeting of the Lodi City Council held July 15, 1992 was brought up for passage on motion of Council Member Snider, Sieglock second. Second reading of the ordinance was omitted after reading by title, and the ordinance was then adopted and ordered to print by unanimous vote of the City Council. 26 Continued August 5, 1992 ITEM ADDED TO THE AGENDA City Attorney McNatt advised the City Council that pursuant to Section 54954.2 and 54956.5 of the State of California Government Code, the need and necessity to add an item to the agenda arose following the preparation and distribution of the agenda for this meeting. On motion of Council Member Hinchman, Pennino second, the City Council concurred that the need and necessity to add an item to the agenda existed pursuant to the above referenced Code sections. On motion of Council Member Hinchman, Pennino second, the following item was added to the agenda: Closed Session - Property Acquisition - 212 West Pine Street, Lodi. Both motions carried by unanimous vote of the City Council. CLOSED SESSION CC -200(a) At approximately 12 midnight the City Council adjourned to CC -200(c) Closed Session to discuss the following matters: 1. Labor Relations; and 2. Property acquisition - 212 West Pine Street. ADJOURNMENT There being no further business to come before the City Council, Mayor Pinkerton adjourned the meeting at approximately 12:40 a.m. A(7TEST: ac"i,. Alice M. Reimche City Clerk 27