HomeMy WebLinkAboutMinutes - August 19, 1998LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 19, 1998
7:00 P.M.
ROLL CALL
Present: Council Members - Johnson, Land, Mann, Pennino and Sieglock (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 Norm Mowery, First United Methodist Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Police Chief Hansen and Captain Jerry Adams presented a picture and binder displaying
all of the police trading cards to Bob Wheeler of General Mills for sponsoring the police
trading card project. A presentation of police trading cards was also made to the Mayor,
City Council Members and the City Manager for their support in this endeavor.
b) Christina Wright with the Greater Lodi Area Youth Commission acknowledged Karin
Koyama from Lodi High School as the Teen of the Month and R.J. Kawasaki from Tokay
High School as the Honorary Teen of the Month.
C) Mayor Sieglock presented Resolutions of Appreciation to Aaron Lange, Christina Wright,
Jessica Williams and Suzanne Radotic, the four students who are retiring from the
Greater Lodi Area Youth Commission. Ms. Maragliano, staff liaison to the committee, and
adult advisors Ken Mullen, Council Member Pennino and Samir Berbawy wished the
students well in their future endeavors. Further, Aaron Lange complimented Council
Member Pennino for all he has done for the Commission and presented him with a
beautiful plaque.
d) Nick Pinhey, Immediate Past President of the Califomia Water Environment Association
(CWEA), presented Water/Wastewater Superintendent Forkas with the prestigious 1997
Arthur Sidney Bedell Award. A standing ovation for Fran was led by the City Council.
5. RECESS
Mayor Sieglock called for a five-minute recess, and the City Council meeting reconvened at
approximately 8:35 p.m.
COMMENTS BY THE PUBLIC ON CONSENT CALENDAR ITEMS
a) Janet Pruss, 2421 Diablo Drive, Lodi, asked questions regarding agenda items #E-4, 6,
12 and 13. Mrs. Pruss expressed her concern for the lack of restroom facilities in
Downtown Lodi and the parks. Further, she asked for an explanation on the Utility Rate
Reduction and Reform Act and the agreement for a Lodi Conference and Visitors
Program.
ContinuedAugust l9, I998
Public Works Director Prima provided information on the restrooms for the multimodal
station indicating that there would be restrooms in the proposed project.
7. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Johnson, Land second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
a) Claims were approved in the amount of $2,405,051.29.
b) The minutes of August 5, 1998 (Regular Meeting) and August 11, 1998 (Special Meeting)
were approved as written.
C) Approved the plans and specifications for Guild Avenue Street Improvements, Vine Street
to 660 Feet North of Vine Street and authorized advertising for bids.
d) Approved the plans and specifications for Lodi Multimodal Station Restoration Project, 24
South Sacramento Street and authorized advertising for bids by the following vote:
Ayes: Council Members - Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - Johnson
Absent: Council Members - None
e) Approved the plans and specifications for a Lodi Lake storage building and authorized
advertising for bids.
f) Approved the plans and specifications for a Recreation Office restroom ADA renovation
and authorized advertising for bids.
g) Approved specifications for Lodi Lake South irrigation materials and authorized
advertising for bids.
h) Adopted Resolution No. 98-124 awarding the purchase of 20,000 feet of #750Kcmil 15kV
primary underground conductor to the low bidder, Pirelli Cables of Colusa, California, in
the amount of $67,236.00.
Adopted Resolution No. 98-125 awarding the contract for Type II Slurry Seal for Various
City Streets, 1998 to Graham Contractors, Inc. of San Jose, in the amount of $51,597.90.
j) Accepted the improvements under the Phase II portion of Civic Center Data /
Telecommunication Cabling contract and directed the City Engineer to file a Notice of
Completion with the County Recorder's office.
k) Authorized the City Manager to execute an agreement between the City of Lodi and E. F.
Kludt & Sons authorizing access easement across the City's pump station site located at
77 South Cluff Avenue.
Agenda item #E-12 entitled, "Resolution in opposition to Proposition 9 - Utility Rate
Reduction and Reform Act" was removed from the Consent Calendar and discussed and
acted upon following approval of the Consent Calendar.
m) Agenda item #E-13 entitled, "Agreement regarding Lodi Conference and Visitors
Program" was removed from the Consent Calendar and discussed and acted upon
following approval of the Consent Calendar.
2
Continued August 19, 1998
n) Adopted Resolution No. 98-128 approving the installation of angle parking on the west
side of Hutchins Street, between Oak and Walnut Streets.
o) Agenda item #E-15 entitled, "Authorize salary adjustments for certain Electric Utility
Mid -Management" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-12 entitled, "Resolution in opposition to Proposition 9 - Utility Rate
Reduction and Reform Act".
Electric Utility Director Vallow provided the following report.
In 1996 representatives of the Electric Utility Department, in conjunction with
representatives of other municipal utilities, participated in negotiations which resulted in
the passage of Assembly Bill 1890 which was signed by Governor Wilson in September
1996. AB 1890 provided a blueprint for transitioning California's electric market to the
competitive marketplace. One provision of AB 1890 provided for the sale of $6 billion of
bonds by investor-owned utilities (IOUs) to finance a 10% rate decrease for their
residential and small commercial customers. Proposition 9 proposes to invalidate the
section of AB 1890 which permits the IOUs to recover their financing costs from the
beneficiaries of the financing, while at the same time proposing to give the same
customers an additional rate reduction. If this happens, it is likely that the State of
California, and ultimately California taxpayers, will be required to repay the bondholders.
This means that all California taxpayers, including those who are customers of municipal
utilities such as Lodi, would be required to repay those costs, even though they would not
benefit from the initiative's promised rate reduction.
If a simple vote of the electorate can stop repayment to bondholders, it will be almost
impossible to find anyone to purchase our bonds in the future. The next time that the City
of Lodi or the school district attempts to sell bonds to finance construction of a new fire
station or a school, it may not be possible to find buyers. The Proposition 9 proposal
could also make it extremely difficult for government agencies to access capital markets
in the future.
If Proposition 9 is enacted, it is likely that the State Legislature will redraft their plan to
open California's electric market. Under the original plan, municipal utilities such as the
City of Lodi were given a great deal of discretion as to when and how to open their electric
market. There is no guarantee that we would retain that authority in a redrafted plan. The
City Council's regulatory authority could be severely eroded.
Organizations opposed to Proposition 9 represent a broad spectrum of interests, They
include the California Chamber of Commerce, the Environmental Defense Fund,
California Teachers Association, California School Boards Association, California
Taxpayers' Association, California Farm Bureau Federation, and the California
Organization of Police and Sheriffs. These and many more organizations are concerned
about the initiative's negative economic impact on the State of California. The California
Municipal Utilities Association, as well as PG&E, has requested that the City of Lodi take
an opposition position to this initiative.
Following questions regarding the matter, the City Council, on motion of Mayor Pro
Tempore Land, Johnson second, unanimously adopted Resolution No. 98-126 stating the
City of Lodi's opposition to Proposition 9, Utility Rate Reduction and Reform Act, which
will appear on the November 1998 ballot.
Continued August 19, 1998
b) Agenda item #E-13 entitled, "Agreement regarding Lodi Conference and Visitors
Program".
City Manager Flynn reminded the City Council that during the August 4, 1998 Shirtsleeve
Session, it reviewed options for visitors and conference opportunities. The alternatives
included the following:
1. Contract with the Lodi -Woodbridge Winegrape Commission (LWWC) for their
services;
2. Contract with the Lodi Chamber of Commerce;
3. Provide the Conference and Visitors Bureau with City staff; or
4. Do nothing.
After reviewing the alternatives, and hearing comments from representatives of the
Chamber and the LWWC, the option to contract with the LWWC surfaced as the best
solution for creating a Conference and Visitor Program. The LWWC staff members have
extensive experience and contacts for marketing the community and have been quite
successful with their winegrape promotions. The LWWC and the City, working with the
Chamber, will jointly form an advisory committee with representatives from organizations
and businesses in Lodi and the surrounding area that have a vested interest in visitor,
tourist and conference programs.
The goals of the Program will include promoting community events and activities and
assisting visitors with information necessary to make their visit to Lodi a positive
experience.
The Program will be a pilot project, funded in part by the City ($60,000) and in part by the
LWWC and others ($40,000) for a total Program budget of $100,000. It was
recommended that the City fund the Program for two years, with an annual review, and
that the Agreement be extended thereafter on an annual basis.
Speaking on the matter was Mark Chandler, Executive Director of the Lodi -Woodbridge
Winegrape Commission. Mr. Chandler feels they and local businesses will be able to
meet the City's commitment dollar for dollar. Mayor Sieglock asked how this program will
be different from what the Chamber of Commerce offered. Mr. Chandler feels they are
the only entity in Lodi that has the resources to promote and market this community.
The City Council, on motion of Council Member Pennino, Johnson second, unanimously
adopted Resolution No. 98-127 approving the agreement between the City of Lodi and the
Lodi -Woodbridge Winegrape Commission for a Conference and Visitors Program and
appropriated funds in accordance with staff recommendation.
C) Agenda item #E-15 entitled, "Authorize salary adjustments for certain Electric Utility
Mid -Management'.
The following report was presented to the City Council.
Recently, the International Brotherhood of Electrical Workers (IBEW) contract was
approved giving the bargaining unit members cost of living and equity adjustments. At
this time, no adjustments were given to mid -management personnel who supervise the
unit members. As a result, the increases have created compaction of salary between the
employees and their respective supervisors. In order to maintain internal equity and
salary alignment, it was recommended that the following middle management positions be
granted salary adjustments as shown below to be effective July 13, 1998. The salary
adjustment granted to Mid -Management employees in January of this year has been
considered in setting the salary ranges.
4
Continued August 19, 1998
Electric System Supervisor:
A B
C
D
E
$4,417.67 $4,638.55
$4,870.48
$5,114.01
$5,369.71
Electric Utility Superintendent:
A B
C
D
E
$5,279.98 $5,543.98
$5,821.17
$6,112.23
$6,417.84
Utility Operations Supervisor:
A B
C
D
E
$4,638.55 $4,870.48
$5,114.01
$5,369.71
$5,638.19
Council Member Mann expressed his opposition to the increase because he feels this is a
break in the policy that the City has followed in the past. The Mid -Management Unit
should be taken under consideration at one time, and it is unfair to the other
mid -management employees in the City. Council Member Pennino expressed the same
concerns, and agreed that mid -management should not be separated like this. City
Manager Flynn reiterated the reason for the separation was compaction of salary.
Following additional discussion, the City Council, on motion of Mayor Pro Tempore Land,
Johnson second, adopted Resolution No. 98-129 approving the following salary
adjustments for specific Electric Utility Mid -Managers by the vote shown below:
Ayes: Council Members - Johnson, Land and Sieglock (Mayor)
Noes: Council Members - Mann and Pennino
Absent: Council Members - None
Electric System Supervisor:
A B
C
D
E
$4,417.67 $4,638.55
$4,870.48
$5,114.01
$5,369.71
Electric Utility Superintendent:
A B
C
D
E
$5,279.98 $5,543.98
$5,821.17
$6,112.23
$6,417.84
Utility Operations Supervisor:
A B
C
D
E
$4,638.55 $4,870.48
$5,114.01
$5,369.71
$5,638.19
9. 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 Sieglock called for the Public Hearing to
consider comments on Public Health Goals Report.
Public Works Director Prima presented a report prepared by staff comparing Lodi's
drinking water quality with California EPA's public health goals (PHGs) and the US EPA's
maximum contaminant level goals (MCLGs). PHGs and MCLGs are not enforceable
standards and no action to meet them is mandated.
SB 1307 (Calderone-Sher; effective January 1, 1997) added new provisions to the
California Health and Safety Code which mandate that a report be prepared on or before
July 1, 1998. The report is intended to provide information to the public in addition to the
Annual Water Quality Report mailed to each customer in April 1998. On July 1, 1998, a
public notice appeared in the Lodi News Sentinel to inform any interested party of the
Public Health Goals Report and its availability.
5
Continued August 19, 1998
The new law also requires that a public hearing be held (which can be part of a regularly
scheduled public meeting) for the purpose of accepting and responding to public
comment on the report. A notice of public hearing was published in the Lodi News
Sentinel on July 18, 1998.
The City's water system complies with all of the health -based drinking water standards
and maximum contaminant levels (MCLs) as required by the California Department of
Health Services and the US EPA. No additional actions are required or recommended.
Hearing Opened to the Public
Jean Thompson, California Rural Water Association, 305 Audubon Drive, Lodi,
agreed with the report and that the standards are set at a one in a million chance
of getting cancer. She further reported that Lodi has good quality water.
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Mayor Sieglock, Pennino second, unanimously accepted
the Public Health Goals Report.
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 Sieglock called for the Public Hearing to
consider the Planning Commission's recommendation that the City Council adopt a
rezone and General Plan Amendment for the publicly zoned portion of 16891 North Lower
Sacramento Road from PUB, Public, to R-2, Residential Single -Family, and the requested
General Plan Amendment from PQP, Public Quasi Public, to LDR, Low Density
Residential.
Community Development Director Bartlam provided the following report to the City
Council.
This is a request for a rezone and General Plan Amendment for a school site which is no
longer required by the Lodi Unified School District. The school site is a portion of Lodi
West Unit No. 5, a 121 single-family residential lot subdivision. Lodi West, Unit No. 5, is
approximately 25.4 acres in size and is located at 16891 North Lower Sacramento Road.
The project site is generally located north of the residences under construction on
Douglas Fir Drive, south of West Elm Street, east of the residences under construction on
Elderica Way, and west of Lower Sacramento Road. Unit No. 5 makes up approximately
one-third of the total single-family lots approved and allocated for the Lodi West
Development Plan.
In December of 1997, the City Council approved the recommendation of the Planning
Commission to amend the development plan for Lodi West to integrate 53 additional
single-family lots into the original 284 unit development plan creating a new total of 337
lots. The development plan amendment created a single-family subdivision on what was
originally reserved as an 11 -acre school site. The issue was prompted by the Lodi Unified
School District (LUSD) who chose not to purchase the school site and lifted their
reservation on the property. As a condition of approval to the development plan
amendment, the school site's General Plan land use designation and zoning were
required to be amended for consistency with the proposed single-family residential
subdivision.
Continued August 19, /998
Lodi West, Unit No. 5, has an average lot size of around 6,200 square feet, which is
consistent with the proposed rezoning request and with the existing R-2, Single -Family
zoning of the surrounding properties. R-2 zoning requires a minimum lot size of 5,000
square feet; all of the proposed lots exceed this minimum. The lots of Unit No. 5 are
simply a continuation of the approved Lodi West Development Plan.
The Planning Commission held a public hearing on July 8, 1998 where they approved the
Lodi West, Unit No. 5, Tentative Subdivision Map, and recommended approval of this
General Plan Amendment, zone change, and certification of Negative Declaration ND -98-
04. Given that the school site is no longer reserved by the school district, that there is an
approved single-family residential development plan for the site, as well as an approved
Tentative Subdivision Map in substantial conformance with the development plan, staff
feels the General Plan Amendment and rezone are a formality.
Hearing Opened to the Public
There was no one wishing to speak on this matter,
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Johnson, Pennino second, unanimously
adopted Resolution No. 98-130 entitled, "A Resolution Of The Lodi City Council Amending
The Land Use Element Of The Lodi General Plan By Redesignating The Publicly Zoned
Portion Of 16891 North Lower Sacramento Road, From PQP, Public Quasi Public, To
LDR, Low Density Residential" and further introduced Ordinance No. 1663 entitled, "An
Ordinance Of The Lodi City Council Amending The Official District Map Of The City Of
Lodi And Thereby Rezoning The Publicly Zoned Portion Of 16891 North Lower
Sacramento Road, From PUB, Public To R-2, Residential Single -Family".
10. 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 Pennino, Johnson second, unanimously rejected the following claims:
Maria Lopez, date of loss 6/12/98
Sharon VanSteenberge, date of loss 6/16/98
Emil Ernst, date of loss 6/16/98
Speaking on the matter was Janet Pruss, 2421 Diablo Drive, Lodi, who questioned if any
of the verified claims were involving sidewalks. Staff replied that they did not.
b) The City Council, on motion of Council Member Pennino, Johnson second, unanimously
made the following appointment:
San Joaquin Emergency Food and Shelter Board
Steve Jarrett Unspecified term limit
7
Continued August 19, 1998
11. REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Closure of Lodi Avenue, between Stockton and Washington
Streets, for car show on Sunday, October 25, 1998".
Public Works Director Prima informed the City Council that The American Steel Car Club
will be holding a car show on Sunday, October 25, 1998, to benefit the Adopt -A -Child
Foundation. The Club has requested, through an encroachment permit application, to
close Lodi Avenue between Stockton and Washington Streets from 6:30 a.m. to 5:30 p.m.
Temporary closure of minor streets has been done a number of times for various
activities. However, in this instance, the request is for the closure of a major east -west
arterial. Traffic data indicates that on Sundays approximately 8,000 cars use this
segment of Lodi Avenue. This is much lower than the typical weekday traffic of 15,000 to
18,000. For the closure of an arterial street like Lodi Avenue to work, effort needs to be
put into planning the necessary traffic diversions and signage needed to adequately
inform drivers. Therefore, in addition to typical permit conditions, as a condition of
approval, the applicant needs to provide a detailed traffic control plan. In this case, traffic
will be detoured north to Walnut Street via Stockton and Washington Streets.
The City has no formal policy on temporary street closures. The City's practice is that the
Public Works Department approves or denies closures on public streets. Staff generally
approves (with conditions) those on minor streets. Closures on major streets or those
affecting large areas, such as the Street Faire, are brought to the Council for approval. In
Downtown, closures for events sanctioned by the Downtown Lodi Business Partnership
are being approved without further Council action.
Following discussion, the City Council, on motion of Mayor Sieglock, Land second, voted
to allow the closure of Lodi Avenue, between Stockton and Washington Streets, on
Sunday, October 25, 1998, from 6:30 a.m. to 5:30 p.m. for a car show by the American
Steel Car Club to benefit the Adopt -A -Child Foundation, subject to appropriate permit
conditions by the following vote:
Ayes: Council Members - Johnson, Land, Pennino and Sieglock (Mayor)
Noes: Council Members - Mann
Absent: Council Members - None
12. ORDINANCES
a) (Council Member Johnson vacated his seat and was, therefore, absent during the
discussion and voting of the following item.)
Ordinance No. 1661 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Title 16 - Subdivisions, By Adding Chapters 16.22 And 16.23 To The Lodi
Municipal Code Relating To The Merger Of Contiguous Parcels And Lot -Line
Adjustments" having been introduced at a regular meeting of the Lodi City Council held
August 5, 1998 was brought up for passage on motion of Mayor Sieglock, Pennino
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 - Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - Johnson
8
Continued August 19, 1998
b) Ordinance No. 1662 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Title 15 - Buildings And Construction, Of The Lodi Municipal Code By Adding
Chapter 15.31 Relating To Weed And Refuse Abatement" having been introduced at a
regular meeting of the Lodi City Council held August 5, 1998 was brought up for passage
on motion of Mayor Sieglock, Land 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 - Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
There was no one wishing to speak on this matter.
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn announced that Lodi will have visitors from its Sister Cities, Kofu,
Japan, and Lodi, Italy, from August 19 - 21, 1998.
Further, Mr. Flynn announced that John Sprouse with the Electric Utility Department
recently participated in the San Francisco marathon.
b) Council Member Pennino indicated that he would like an update regarding the Band
Review route. He questioned if staff has attempted to bring the route through downtown
Lodi, because he feels it is a great part of tourism.
C) Council Member Johnson informed the public that the Lodi Tokay Rotary Club's current
project is the revamping of the front of Lodi Lake.
d) Mayor Sieglock expressed condolences to Assemblyman Machado and his family for the
loss of his son.
The East Side Improvement Committee is having a concert on Sunday, August 23, 1998
at Hale Park. The performer is Hollywood Recording Artist Brian O'Neal.
Further, the Tokay Players will be performing at the Thomas Theater at Hutchins Street
Square Performing Arts and Conferencing Center.
15. CLOSED SESSION
Mayor Sieglock announced that there was no need to discuss the following Closed Sessions:
a) Conference with labor negotiator: Government Code §54957.6. Agency negotiator,
Joanne Narloch. Employee organization, Lodi Police Dispatchers Association
(LPDA)
b) Conference with labor negotiator: Government Code §54957.6. Agency negotiator,
Joanne Narloch. Employee organization, San Joaquin Public Employees Association
(SJPEA) for Maintenance and Operators
D
Continued August 19, 1998
16. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 9:05 p.m.
ATTEST:
Alice M. Reimche
City Clerk
10