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HomeMy WebLinkAboutMinutes - April 21, 1999LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, APRIL 21,1999 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, City Attorney Hays and City Clerk Reimche INVOCATION The invocation was given by Captain Pigeon, Salvation Army. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Land. 4. AWARDS / PROCLAMATIONS / PRESENTATIONS a) Mayor Land presented a proclamation to Lois Borchardt, Manager of the Women's Center, proclaiming the month of April 1999 as "Sexual Assault Awareness Month" in the City of Lodi. b) Alisha Thawley with the Greater Lodi Area Youth Commission acknowledged the Teen of the Month, Melissa Fisher from Lodi High School, and the Honorary Teen of the Month, Scotty Fernandes from Lodi High School. C) Joan Hinds, Awards Chairperson, presented the California Career Education Association Award to Bobby Whitmire and Yvette Maragliano with the Greater Lodi Area Youth Commission. Attending members and adult advisors from the Greater Lodi Area Youth Commission were introduced. d) Rob Lechner, Chairman, and Myrna Wetzel, Member, of the Year 2000 Steering Committee, introduced the winners of the Year 2000 Steering Committee Place Mat Contest for the Modified -Track / Private Schools. The winners, 5'h Grader Ashley Shroyer, and 11 Grader Arnie Shroyer, both from St. Peter's School, were each presented with a $50 gift certificate from Barnes & Noble and a Certificate of Recognition. 5. CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Nakanishi, Hitchcock second, unanimously approved the following items hereinafter set forth except those otherwise noted: a) Claims were approved in the amount of $4,464,621.71. b) The minutes of April 7, 1999 (Regular Meeting) and April 13, 1999 (Special Meeting) were approved as written. C) Received a report of the sale of scrap metal to the high bidder, Sunshine Steel Enterprises, of Sacramento, in the amount of $3,082.81. Continued April 21, 1999 d) Adopted Resolution No. 99-59 thereby joining Government Financial Officers Association (GFOA) in opposing the Governmental Accounting Standards Board's (GASB) mandate to include Infrastructure Assets, such as roads and bridges, in the annual Financial Reports. e) Authorized the advertisement of bids for the sale of one IBM AS/400 computer formerly used by the Police Department in the Computer Aided Dispatch (CAD) system. f) Agenda item #E-6 entitled, "Specifications and advertisement for bids for one material handling bucket truck" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. g) Agenda item #E-7 entitled, "Specifications and advertisement for bids for one digger - derrick truck" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. h) Approved the specifications for one aerial bucket truck and authorized advertisement for bids. Adopted Resolution No. 99-60 awarding the bid for the purchase of irrigation materials for Lodi Lake Park South to the low bidder, Normac, Inc., of Stockton, in the amount of $7,506.34. j) Adopted Resolution No. 99-61 awarding the contract for Lodi Lake Park Storage Building, 1101 West Turner Road to GTS Construction, of Galt, in the amount of $55,376 and appropriated funds in accordance with staff recommendation. k) Agenda item #E-11 entitled, "Reallocation of Park Naturalist position to Program Coordinator" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. Approved the agreement for use of Tony Zupo Baseball Field by the Stockton Ports on May 16, 1999, June 16, 1999 and July 21, 1999. m) Adopted Resolution No. 99-63 authorizing the City Manager to submit Congestion Mitigation and Air Quality (CMAQ) grant applications for $3,000,000 for the Lodi Multimodal Park -and -Ride Structure, $700,000 for three compressed natural gas (CNG) buses, and other projects staff is currently researching, to the San Joaquin County Council of Governments (COG). n) Adopted Resolution No. 99-64 authorizing the City Manager to execute Exhibit C, Revision 2 to the United States of America Department of Energy Western Area Power Administration Contract No. 96 -SNR -00110 with the City of Lodi. o) Took the following actions with regard to Public Benefits Program Grants: • Adopted Resolution No. 99-65 entitled, "A Resolution Of The Lodi City Council Authorizing The City Manager To Provide A Public Benefits Charge (PBC) Grant To Lodi Academy"; and • Adopted Resolution No. 99-66 entitled, "A Resolution Of The City Council Authorizing The City Manager To Provide A Public Benefits Charge (PBC) Grant To The Salvation Army". P) Approved the request of Mr. Louis Fugazi, Bone Cuisine a la Carte, to operate a hot dog cart on the sidewalk in front of the County Court at 315 West Elm Street. 2 ContinuedApri121, 1999 q) Set Public Hearing for May 19, 1999 to consider the revision of the existing Massage Ordinance and applicable fee schedule. 6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR a) Agenda item #E-6 entitled, "Specifications and advertisement for bids for one material handling bucket truck" and agenda item #E-7 entitled, "Specifications and advertisement for bids for one digger -derrick truck" were discussed together. #E-6 Electric Utility Director Vallow reported in his Council Communication regarding this matter that a significant portion of the Department's distribution and sub -transmission system is overhead construction. The expansion of the system to provide electric service to new industrial loads is overhead construction as well. To meet the overall growth of the system, several large overhead system expansion projects are ready for construction, are being planned and designed and are anticipated to continue to develop into the foreseeable future. Construction and maintenance of overhead lines are performed most efficient, rapid and safest from bucket trucks. The demand on the Department's existing bucket truck is so great that this specialized piece of equipment is only available for some jobs, resulting in inefficient utilization of staff and delays in the ability to complete work. This situation is compounded during times when the truck is unavailable due to breakdowns and/or required maintenance. Therefore, based on the present and future workload of the Department and the importance of having this type of equipment available at all times for both construction projects and service restorations, it was recommended that an additional bucket truck be added to the Department's fleet of specialized utility vehicles. #E-7 Electric Utility Director Vallow reported in his Council Communication regarding this matter that the Digger -Derrick truck will replace a 1977 Ford F750 unit (09-001) with 30622 miles on the odometer. The replacement of this truck is included in the 1997-99 Fiscal Year Plan and Budget. The guidelines for replacement (10 years) have been met. The hydraulic system on this truck has several oil leaks requiring constant attention resulting in breakdowns and lost productivity as well as causing a safety hazard. The engine and transmission of this truck has significant additional wear since it provides the power for the digger, the derrick and hydraulic tools used at the job site continually. Due to the age (22 years) of the truck and daily usage during this time the overall condition of the truck warrants replacement at this time. Council Member Pennino removed the heretofore listed agenda items #E-6 and #E-7 from the Consent Calendar in order to pose questions and express concerns. Council Member Pennino suggested that the subject bids should go out allowing for a bid for either straight lease of the equipment, lease -purchase or purchase. Further, Council Member Pennino suggested that the City Manager have the discretion on which option is selected. The City Council, on motion of Council Member Pennino, Nakanishi second, unanimously approved the specifications for one material handling bucket truck and one Digger -Derrick truck, authorized advertisement for bid for a straight lease, lease -purchase or a straight purchase of the equipment, and authorized the City Manager to review the bids and use his discretion as to which is the best option. b) Agenda item #E-11 entitled, "Reallocation of Park Naturalist position to Program Coordinator'. 3 Continued April 21, 1999 The following report was prepared on the subject item. In October 1996, the classification of Parks Naturalist was established. This position was initially responsible for the activities of Lodi's Discovery Center and Nature Area. At the direction of the City Manager, a classification study was conducted on this position when it became vacant. The study reveals that since its inception, the responsibilities of the position have increased dramatically. In addition to its initial responsibilities, the position has increased the numbers of staff it supervises, and its has been necessary for the position to monitor and coordinate activities conducted at the other facilities and services offered at the lake. This position will be placed in the General Services bargaining unit. Council Member Hitchcock removed this item from the Consent Calendar to express her concern that the "Naturalist" segment of the responsibilities were being diminished and that more emphasis was being placed on supervision and program coordination. Discussion then followed about the job description. The City Council, on motion of Council Member Hitchcock, Nakanishi second, adopted Resolution No. 99-62 approving the reallocation of Parks Naturalist position to Program Coordinator, with the stipulation that more emphasis be placed on the "Naturalist" duties, and approving the class specification and the following salary range by the vote shown below: A B C D E $2,563.17 $2,691.33 $2,825.90 $2,967.19 $3,115.55 Ayes: Council Members — Hitchcock, Nakanishi and Land (Mayor) Noes: Council Members — Mann and Pennino Absent: Council Members — None It was suggested that a member of the Friends of the Lake be asked to serve on the oral board for this position. 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 Public Hearing to consider police alarm ordinance and fees. Police Chief Hansen informed the City Council that the Lodi Police Department responds to over 2,000 false alarm calls each year. History has shown that more than 95% of all alarm calls are false alarms. Each alarm call requires two police officers to respond and secure the location. When a false alarm occurs, both officers remain on the call for an average of fifteen minutes each, costing the City thousands of dollars in man-hours and reducing the number of officers available to handle other calls. Our current system of tracking alarm information is outdated and ineffective. Revising the alarm ordinance is the first step in implementing an effective False Alarm Reduction Program. Ordinance revisions will enable us to monitor alarm companies, alarm installers, and equipment to be installed. It will also provide fees that will assist us in keeping emergency information current and initiate penalties for violations of the ordinance. It is our hope that penalties will motivate businesses and residences to keep their alarm system functional. In recent years we have not had staff available to implement a program that would reduce false alarms. Many local law enforcement agencies have one or more paid staff members dedicated to the position of managing and reducing false alarms. Our new False Alarm Reduction Program would be of little cost to the City of Lodi. The Program will be administered through the Partners Office and staffed by volunteers. Partners will track false alarms, provide educational material, and talk to citizens when an alarm problem is present. The Finance Department will assume the responsibility for the billing and collection of fees and fines. 4 Continued April 21, 1999 Hearing Opened to the Public 1. Dave Rice, 10 North School Street, Lodi, indicated that he feels it is a fair ordinance, but pointed out various segments he felt should be modified. Public Portion of Hearinq Closed ACTION: The City Council, on motion of Council Member Mann, Hitchcock second, unanimously took the following actions: • Introduced Ordinance No. 1669 entitled, "An Ordinance Of The Lodi City Council Repealing And Reenacting Lodi Municipal Code Title 15, Chapter 15.56 Relating To Alarm Systems And Permits'; and • Adopted Resolution No. 99-67 entitled, "A Resolution Of The Lodi City Council Approving Fee Increases And Establishment Of New Fees Relating To Alarm Systems And Permits", which will become effective on the adoption date of the above referenced ordinance. Further, the definition of a false alarm as contained in Exhibit A was amended to match that of the definition contained in Ordinance No. 1669. Additionally, it was suggested that the Lodi Association of Realtors be notified of the City Council's action in this matter so that new property owners can be made aware of the changes contained in the subject Ordinance. RECESS Mayor Land called for a ten-minute recess, and the City Council meeting reconvened at approximately 8:40 p.m. PUBLIC HEARINGS (Continued) 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 Public Hearing to consider introducing an ordinance to add Lodi Municipal Code Chapter 10.43, "Regulations for Roller Skating", and amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards". Public Works Director Prima presented the following report. The Downtown Lodi Business Partnership (DLBP) has requested that skateboards, bicycles, and rollerblading (roller skating) be prohibited on sidewalks in the Downtown area due to safety concerns. While staff can administratively regulate the use of skateboards and bicycles under LMC Subsection 10.40.026, there are no regulations for roller skating. The purpose of this memo is to present an ordinance for discussion which would regulate roller skating, and also make minor changes and additions necessary to provide uniformity related to the signing and posting of this and similar restrictions. Regulations for Roller Skating California Vehicle Code Section 21969 allows local authority to adopt rules and regulations by ordinance to regulate the use of roller skates on sidewalks as well as roadways. Based on this, a new LMC Chapter 10.43 was drafted to regulate roller skating both in the public right-of-way and other posted properties, very similar to the existing skateboard regulations. The definition of roller skates would include in-line skates, commonly called "rollerblades". This would allow staff to administratively post sidewalks to prohibit skating and also allows property owners to do so on site. Continued April 21, 1999 Skateboards Per LMC Chapter 10.42, the minimum sign size required to prohibit skateboarding is 18"x18". This size was selected because it was needed to accommodate the cartoon depiction of a skateboarder that was first used to designate this restriction. However, some businesses felt the cartoon character was not appropriate, so, in those cases, word signs were used. There is no other significance to the sign size, and reducing the size to a minimum of 12" wide by 18" high would not affect the ability to post the larger signs. The reduced sign size will be the same as standard "No Parking" and "Time Limit Parking" signs, so signs can be mounted back to back, if needed. Regulations for Bicycles The final issue is the standardization of posting method and sign type for the restriction of skateboards, bicycles and roller skates. At this time, the LMC specifies sign wording, size, and posting method for skateboards but not for bicycles. In order to provide consistency, the sign wording, size, and posting method would be added to the regulations. Although staff has concerns about discouraging people from shopping Downtown, due to the safety issues expressed by the DLBP, there is a need to regulate those who are responsible for creating hazards to others and property damage. It is unlikely that many customers use skateboards or roller blades to shop because of the inability to safely carry purchases. The Police Department has indicated that it is very rare to see shoppers on rollerblades in the Downtown area. In addition, like similar regulations, enforcement of restricted areas is discretionary. Based on these factors, staff recommended that City Council approve the addition of the LMC section related to roller skating and modifications to the LMC sections related to skateboarding and bicycle riding as presented in staff's report. Hearing Opened to the Public Dylan Byrne, 2226 West Tokay Street, Lodi, stressed the need for the City to build a Skate Park. Bobby Fisher, 2142 Starling Way, Lodi, also spoke about the need for the City to build a Skate Park and urged that the City go forward with this effort. Denise Enos Friedman, 2336 Corbin Lane, Lodi, acknowledged that there is a need to protect property belonging to the City and to private citizens. She indicated that she has two children and that skateboarding is their chosen sport. She indicated that if the City bans skateboards in the downtown area, it should work together to build a Skateboard Park for the youngsters of this community. 4. Frank Alegre, 2000 Edgewood Drive, Lodi, stated that we should do everything possible to work with these children and posed questions regarding the City's liability as it pertains to a skateboard park. 5. Staci Rerrault, 1810 Lakeshore Drive, Lodi, indicated that there is no place for these kids to skateboard now but at her house. She told of the many contacts she has had by the police department regarding this activity in the area of her property. She feels that these kids are being discriminated against. She indicated that she knows that kids would help with any facility the City may undertake to build. 6. Robert Johnson, 1311 Midvale Road, Lodi, stated that in his travels about town he has driven by Ms. Rerrault's residence at 1810 Lakeshore Drive, and that it is a very dangerous situation and cautioned her as he felt there was a real possibility that someone could be seriously injured. C Continued Apri121, 1999 Barbara McWilliams, Posers TV & Radio, 208 South School Street, Lodi, addressed the City Council stating that the Downtown Lodi Business Partnership (LDBP) is concerned about the safety issue. She realizes that children need some place to go, but she doesn't feel the downtown area is the place. She indicated that signage would give them the ability to regulate problem areas as they develop. Louis Fugazi, 925 Greenwood Drive, Lodi, addressed the City Council describing his observations involving children on skateboards and rollerblades in the downtown area. Public Portion of Hearing Closed ACTION: The City Council, on motion of Council Member Pennino, Nakanishi second, introduced Ordinance No. 1670 entitled, "An Ordinance Of The City Council Of The City Of Lodi Repealing And Reenacting Chapters 10.40 'Regulations For Bicycles' And 10.42 'Skateboards', And Adding Chapter 10.43 'Regulations For Roller Skating' To The Lodi Municipal Code". This Ordinance will amend the Lodi Municipal Code Chapter 10.42, "Skateboards", changing sign size from a minimum of 18"x18" to a minimum of 12"x18". Further, it will include rollerblades or in-line skating into the ordinance language and regulations. The motion carried by the following vote: Ayes: Council Members — Hitchcock, Mann, Nakanishi and Pennino Noes: Council Members — Land Absent: Council Members — None 10. COMMUNICATIONS (CITY CLERK) a) City Clerk Reimche read the following ABC Licenses: 1. Ronald E. Anderson, Legends Unlimited, Inc., Legends, 27 West Elm Street, Lodi, On -Sale General Eating Place, Person to Person Transfer 2. Ronald David Santini, Santini Wholesale Wine, 1649 East Victor Road, Suite 4133, Lodi, Beer and Wine Wholesale, Premise to Premise Transfer Judy R. Hubl to Sherry Yvonne Williams, Sports Shack, 1420 West Kettleman Lane, Suite M, Lodi, On -Sale General Eating Place, Person to Person and Premise to Premise Transfer 11. REGULAR CALENDAR a) Agenda item #H-1 entitled, "Approve fee adjustments for Public Works, Community Development, Parks and Recreation and the Police Department". Deputy City Manager Keeter reminded the City Council that staff presented the fee proposals during the February 2, 1999 Shirtsleeve Session. During that Session, Council was briefed on current fees, fees charged by other communities, and the proposed new City fees. Implicit in the fee proposals is the assumption that services fall within one of two categories: Community -wide services and discretionary services. • Community -wide services are those functions that support the general public. The services are provided to the community as a whole and there is a general expectation that the majority of citizens benefit from these services. These services are typically funded by taxes. • Discretionary services are those functions that are optional and are paid in whole or in part through fees. 7 Continued April 21, 1999 Since the passage of Proposition 13 (beginning in 1978), local government has had to rely less on property taxes to provide both the community -wide services and the discretionary services. As an example of the effects from Proposition 13, the 1979/80 percentage of General Fund revenue from property taxes was 19%. In 1997/98, the percentage had decreased to 8%. The decrease in property taxes has resulted in communities either scaling back programs and services, or in finding alternative revenue sources. One such source is the user fee. The user fee is an efficient means of funding the discretionary services by distributing the cost among the users. Once the fees have been established, they need to be periodically reviewed to ensure that they accurately reflect the cost of providing the service. Council reviewed with staff the proposed fee adjustments for discretionary services. Numerous changes were noted by Deputy City Manager Keeter from the original proposed fee schedules that were included in the City Council information packets for this meeting. Questions were directed to staff as to why there were changes from the original staff recommendations. Speaking on this matter were the following persons: 1. Tony Alegre, 1630 Edgewood Drive, Lodi, indicated that the Boosters of Boys and Girls Sports Organization (BOBS) were not in favor of increased fees for youth sports. He further indicated that he doesn't like comparisons to other cities and questioned the need for raising fees inasmuch as the newspaper had reported that the City would have a $1,000,000 surplus this year. 2. Frank Alegre, 2000 Edgewood Drive, Lodi, addressed the City Council indicating that he felt the BOBS were doing an outstanding job and that he was glad to see that the staff recommendations were modified to indicate the elimination or reduction of fees for youth sports. Mr. Alegre further stated that he has repeatedly asked for a detailed audit regarding Hutchins Street Square to no avail. Also, Mr. Alegre asked for the number of managers and workers that City departments have hired since 1993. City Manager Flynn provided information on the reported $1,000,000 budget surplus and the number of staffing increases since 1995 by department. Council Member Mann indicated that he would be voting "No" on the following motion because he has a concern with the Vehicle Identification Number (VIN) verification fee. Council Member Pennino suggested that appointments be made by the Police Department for people who wish to have Police Officers check and sign off on fix -it tickets. The City Council, on motion of Mayor Land, Nakanishi second, adopted Resolution No. 99-68 entitled, "A Resolution Of The Lodi City Council Approving Fee Increases And Establishment Of New Fees For Various City Services And Programs Currently Offered Within The City Of Lodi" as amended by the following vote: Ayes: Council Members — Hitchcock, Nakanishi, Pennino and Land (Mayor) Noes: Council Members — Mann Absent: Council Members — None b) Agenda item #H-2 entitled, "Introduction of ordinance amending Card Room Ordinance to bring into compliance with State law". 8 Continued April 21, 1999 City Attorney Hays informed the City Council that the State of California has adopted various amendments to the California Business & Professions Code relative to gambling within the State of California. The Gambling Control Act has specific provisions in it relative to card rooms. In order to have the City's Ordinance comply with the directives of the State Law, the proposed ordinance has been prepared. The amendments that are proposed provide some strengthening of our current ordinance relative to the licensing of card room employees as well as the licensing of card rooms themselves. Of specific note is that under State Law we are required to not only indicate the number of tables per card room which our current ordinance does, but we are also required to set the number of tables allowed in the City. At the moment the City of Lodi has one card room within the City that is licensed. The ordinance amendment has been prepared so that it states that within the City of Lodi there can be only six card room tables. The remaining amendments provide additional specificity with regard to hours of operation and patron safety, which actually provides the City with some additional knowledge relative to the card rooms. The City Council, on motion of Council Member Pennino, Land second, unanimously introduced Ordinance No. 1671 entitled, "An Ordinance Of The City Council Of The City Of Lodi Amending Chapter 5.12 Of The Lodi Municipal Code By Repealing And Reenacting Section 5.12.070 'Work Permit — Required' And Section 5.12.140 (C), (E) And (G) And Adding Section 5.12.140 (R) `Rules And Regulations' Relating To Card Rooms". 12. ORDINANCES None. 13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS There were no persons wishing to speak under this segment of the agenda. 14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS a) Council Member Pennino requested that the City's Community Development Department and the Police Department work with local stores in looking into the new shopping cart theft prevention kit that is now being marketed. b) Council Member Hitchcock asked that in light of the recent tragedy at Columbine High School in Littleton, Colorado, that random acts of violence in our schools and ways to prevent them be a topic of discussion at the next 2 x 2 meeting with the Lodi Unified School District (LUSD). Further, Council Member Hitchcock suggested that Public Safety personnel should be involved in this meeting. C) Mayor Land announced that the Friends of Lodi Lake will be having a yard sale at B00 South Mills Avenue, Lodi, on April 20 and May 1, 1999 to help fund their important work. Mayor Land commended several local citizens who had come to the aid of a driver trapped in his overturned automobile that had gone off the road and became submerged in a local canal. Mayor Land expressed his deep condolences to the community of Littleton, Colorado, for all those lost and injured in this week's tragic event. d) City Manager Flynn reported on a recent meeting with visitors from Japan. 0 Continued April 21, 1999 15. CLOSED SESSION Mayor Land adjourned the City Council meeting to a Closed Session to discuss the following matters: a) Prospective lease of City property (275± acres adjacent to White Slough Water Pollution Control Facility); the negotiating parties are ProStyle Sports and the City of Lodi. Price and terms are under negotiation b) 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 C) Actual litigation: Government Code §54956.9(a). One case. Kathryn Clark, et al. V. City of Lodi. San Joaquin County Superior Court Case No. CV004935 16. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION The City Council meeting reconvened at approximately 11:45 p.m., and Mayor Land disclosed the following actions: a) This item was not discussed. b) This matter was adjourned to Thursday, April 29, 1999 (the Council discussed adjourning this to the 28`h; however, following the meeting and review of schedules, it was determined that April 291h was the most convenient date). C) The City Council provided direction to staff regarding this litigation 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Land adjourned the meeting at approximately 11:45 p.m. to Thursday, April 29, 1999 at 7:00 p.m. ATTEST: Alice M. Reimche City Clerk 10