HomeMy WebLinkAboutMinutes - January 19, 2000LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 19, 2000
7:00 P.M.
ROLL CALL
Present: Council Members — Hitchcock, Land, Nakanishi, Pennino and Mann (Mayor)
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays and City Clerk Reimche
Seated at the staff table were: Deputy City Manager Keeter, Public Works Director Prima and
Community Development Director Bartlam
Other staff members were seated in the audience.
INVOCATION
The invocation was given by Pastor Ron Payne, Cornerstone Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Mann presented a proclamation to Lorraine Kohr with the Delta Blood Bank
proclaiming the month of January as "National Volunteer Blood Donor Month" in the City
of Lodi.
b) Summer Pennino with the Greater Lodi Area Youth Commission acknowledged the Teen
of the Month, Ryan Goldhahn from Tokay High School, and the Honorary Teen of the
Month, Shawna Sutherland from Tokay High School.
C) Scott Keithley, representing the Lodi Lions Club, presented Mayor Mann with a check in
the amount of $5,000 toward repayment of its loan to build the picnic shelter at Legion
Park.
d) Mayor Mann recognized Arwen E. Chenery, District Representative to Senator Patrick
Johnston, in acknowledgment of her involvement with the City of Lodi. Mayor Mann
informed her that a Certificate of Appreciation would be forwarded to her.
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Land, Nakanishi second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
a) Claims were approved in the amount of $5,128,419.60.
b) The minutes of January 5, 2000 (Regular Meeting) and January 11, 2000 (Special
Meeting) were approved as written.
C) Received the report of sale of surplus equipment in the amount of $5,855.00.
Continued January 19, 2000
d) Approved the plans and specifications for East Lodi Avenue Parcel Site Clearing and
Building Demolition and authorized advertising for bids.
e) Approved the plans and specifications for Electric Utility Substructures, Turner
Road/McLane Substation and authorized advertising for bids. (Due to a conflict of
interest, Council Member Pennino abstained from discussion and voting on this
matter.)
f) Approved the specifications for sixty Lodi post -top (globe) luminaires and authorized
advertising for bids. (Due to a conflict of interest, Council Member Pennino
abstained from discussion and voting on this matter.)
g) Approved the specifications for the rental of safety clothing on a two-year contract for the
Electric Utility Department and authorized advertising for bids. (Due to a conflict of
interest, Council Member Pennino abstained from discussion and voting on this
matter.)
h) Approved the specifications for thirty-two conventional polemount transformers in the
following sizes and authorized advertising for bids:
10 each 25KVA 120/240V
15 each 37.5KVA 1201240V
7 each 50KVA 120/240V
(Due to a conflict of interest, Council Member Pennino abstained from discussion
and voting on this matter.)
i) Authorized advertising for bids for the sale of two surplus power transformers. (Due to a
conflict of interest, Council Member Pennino abstained from discussion and voting
on this matter.)
j) Adopted Resolution No. 2000-04 authorizing the purchase of 25 "Lodi Replica" concrete
street light standards from the sole supplier, Traditional Concrete (represented by NCS
Company of Auburn, CA), in the amount of $28,571.25. (Due to a conflict of interest,
Council Member Pennino abstained from discussion and voting on this matter.)
k) Adopted Resolution No. 2000-05 accepting the development improvements for Sunwest
XIV, Unit No. 1, Tract No. 2800, and amending Traffic Resolution 97-148 by designating
Tienda Drive as a through street.
1) Adopted Resolution No. 2000-06 authorizing the City Manager to execute a professional
services contract with Navigant Consulting, Inc. for Street Lighting Consulting Assistance
in an amount not to exceed $16,100. (Due to a conflict of interest, Council Member
Pennino abstained from discussion and voting on this matter.)
m) Agenda item #E-13 entitled, "Approve participation in contracts for replacement of
Granular Activated Carbon (GAC) for DBCP Treatment Systems" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar.
n) Agenda item #E-14 entitled, "Letter to United States Environmental Protection Agency
commenting on proposed drinking water regulations concerning radon" was removed from
the Consent Calendar and discussed and acted upon following approval of the Consent
Calendar.
2
Continued January 19, 2000
o) Adopted Resolution No. 2000-08 granting permission to destroy certain Police
Department records listed below in excess of five years of age:
• Background investigations and employment records of previous employees who have
left employment with the City over five years ago. This does not include retirees.
• Background investigations of previous applicants not hired, over five years old.
• Crime reports, incident reports and traffic reports over five years old, except for those
with pending court action and all homicide investigations.
• Investigations of Citizens Complaints over five years old.
P) Adopted Resolution No. 2000-09 granting permission to destroy certain Human
Resources Department records listed below:
• Personnel employment records of separated full-time employees (over five years
old).*
• Applications for employment from expired eligible lists (over two years old).
• Examination files (over five years old).
• General Liability files (over five years old).
• Workers Compensation files (over five years old).
"Microfilm copy of records will be kept.
q) Agenda item #E-17 entitled, "Resolution to support the passage of Proposition 26, 'The
Majority Rule Act for Smaller Classes, Safer Schools and Financial Accountability' that is
scheduled for the March 7, 2000 election" 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-13 entitled, "Approve participation in contracts for replacement of
Granular Activated Carbon (GAC) for DBCP Treatment Systems".
Mayor Pro Tempore Nakanishi requested that a report be given on this matter
Public Works Director Prima reported that the City of Lodi currently has six wells with
treatment systems that use granular activated carbon (GAC) to remove
dibromochloropropane (DBCP). Well 4R's treatment system went off line in October 1999
due to the GAC no longer able to remove DBCP to the required 0.2 parts -per -billion level.
Three other treatment systems are anticipated to require GAC replacement during the
1999/2001 budget period.
The City of Fresno solicited bids for the purchase and regeneration of GAC used in DBCP
treatment systems. Fresno has numerous GAC treatment systems and received prices
commensurate with its volume of GAC purchases. USFilter (formerly Northwestern
Carbon) had the lowest bid for the City of Fresno on the items Lodi is requiring.
Northwest Carbon furnished the City of Lodi with GAC in the past and constructed the
GAC vessels at Well 4R. The City Attorney has reviewed the offer allowing the City to
purchase carbon under the terms of the City of Fresno contract.
Following a brief discussion, the City Council, on motion of Mayor Pro Tempore
Nakanishi, Pennino second, unanimously adopted Resolution No. 2000-07 authorizing the
City Manager to execute the necessary agreements to purchase/regenerate GAC from
USFilter under the applicable terms of the City of Fresno's contract and to execute similar
agreements with USFilter or other firms offering participation in contracts deemed in the
best interest of the City for other wells requiring GAC replacement through the end of the
1999/2001 budget period.
L,
Continued January 19, 2000
b) Agenda item #E-14 entitled, "Letter to United States Environmental Protection Agency
commenting on proposed drinking water regulations concerning radon".
Council Member Nakanishi requested that a report be given regarding this matter.
Public Works Director Prima reported that the United States Environmental Protection
Agency (US EPA) has proposed radon regulations that will have a major impact to the
City's water utility. Radon is a colorless, odorless gas that occurs naturally in some
groundwaters. Adverse (theoretical) health effects are predominately due to airborne
radon. The comment period for the proposed regulations has been extended to February
4, 2000.
The proposed regulations contain a 300 pico-curies per liter (pCi/L) Maximum
Contaminant Level (MCL) and a 4,000 pCi/L Alternative Maximum Contaminant Level
(AMCL). The AMCL is applicable only if the State of California (or presumably the City of
Lodi) institutes a "multi -media mitigation (MMM) program" to reduce radon in indoor air.
All but one of Lodi's wells measure above the 300 pCi/L level and all wells are below 900
pCi/L.
Radon in drinking water plays a very small role in overall health risks. The US EPA level
of concern for radon in the air is 4 pCi/L. Radon in water at 4,000 pCi/L contributes only
0.4 pCi/L to radon in air, and radon in water at 300 pCi/L contributes only 0.03 pCi/L to
radon in air.
The US EPA is trying to regulate the radon in the air through drinking water regulations. It
could be very costly to put radon treatment systems on 23 of Lodi's wells. Ironically,
treatment consists of "air -stripping" in tall towers, which transfers radon to the
atmosphere. We assume that we will be required to capture the radon with air filters.
Costs are estimated to be greater than the cost of DBCP treatment with capital costs
exceeding $350,000 per well for a total of $8,000,000.
Following discussion, the City Council, on motion of Mayor Pro Tempore Nakanishi,
Hitchcock second, unanimously authorized the Mayor to send letter to the US EPA
opposing the proposed drinking water regulations concerning radon, and to forward
copies to the congressional representatives. Council additionally requested that staff
send letters to Senator Johnston, Assemblyman Pescetti and the League of California
Cities asking for their support in opposing the proposal.
C) Agenda item #E-17 entitled, "Resolution to support the passage of Proposition 26 — 'The
Majority Rule Act for Smaller Classes, Safer Schools and Financial Accountability' that is
scheduled for the March 7, 2000 election".
Community Development Director Bartlam reported that Proposition 26 will lower the
voting requirement for passage of local school bonds from two-thirds majority to a simple
majority and change existing law regarding charter school facilities.
Voting Requirement for Passage of Local School Bonds
This proposition allows (1) school facilities bond measures to be approved by a majority
(rather than two-thirds) of the voters in local elections and (2) property taxes to exceed
the current 1 percent limit in order to repay the bonds.
This majority vote requirement would apply only if the local bond measure presented to
the voters includes:
4
Continued January 19, 2000
• A requirement that the bond funds can be used only for construction, rehabilitation,
equipping of school facilities, or the acquisition or lease of real property for school
facilities.
• A specific list of school projects to be funded and the school board certifies it has
evaluated safety, class size reduction, and information technology needs in
developing the list.
• A requirement that the school board conduct annual, independent financial and
performance audits until all bond funds have been spent to ensure that the bond
funds have been used only for the projects listed in the measure.
Charter School Facilities
This proposition requires each local K-12 school district to provide charter school facilities
sufficient to accommodate the charter school's students. The district, however, would not
be required to spend its general discretionary revenues to provide these facilities for
charter schools. The district, however, could choose to use these or other revenues,
including state and local bonds.
The proposition also provides that:
• The facilities must be reasonably equivalent to the district schools that these students
would otherwise attend.
• The district may charge the charter school for its facilities.
• A district may decline to provide facilities for a charter school with a current or
projected enrollment of fewer than 80 students.
Staff indicated its belief that this proposition should be supported.
Council Member Nakanishi voiced his opposition to the issuance of more bonds,
particularly when the State has a surplus of funds.
Following discussion, the City Council, on motion of Council Member Pennino, Hitchcock
second, adopted Resolution No. 2000-10 supporting the passage of Proposition 26, "The
Majority Rule Act for Smaller Classes, Safer Schools and Financial Accountability" that is
scheduled for the March 7, 2000 election by the following vote:
Ayes: Council Members — Hitchcock, Land, Pennino and Mann (Mayor)
Noes: Council Members — Nakanishi
Absent: Council Members — None
7. PUBLIC HEARINGS
None.
8. COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City's Risk Manager and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Council
Member Land, Pennino second, unanimously rejected the following claims:
1. John Ball, date of loss 9/22/99
2. Jacqueline Mackey -Mack, date of loss 11/11/99
3. Greg Baroni, date of loss 12/4/99
5
Continued January 19, 2000
9. REGULAR CALENDAR
None.
10. ORDINANCES
None.
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) George Juelch, P.O. Box 102, Wallace, who identified himself as a Lodi firefighter, stated
that he feels Lodi firefighters have taken hard lumps from the newspaper. He indicated
that Lodi firefighters are presently working with skeletal staffing levels, which has resulted
in a mandatory callback system. He commented that the firefighters should not be
badmouthed because of this. Mr. Juelch also stated that a recent newspaper article
quoted the City Manager as indicating that Lodi firefighters cannot be compared with
Stockton firefighters, because Lodi does not have the high-rise buildings that Stockton
has. Mr. Juelch further stated that Stockton firefighters are working with a much higher
staffing level than Lodi, and presented additional information pertinent to the subject.
Mr. Juelch stated that out of the 15 salary survey cities, Lodi firefighters ranked 14`h. Mr.
Juelch asked why Lodi firefighters have been treated the way they have when
mid -managers recently received a 17'/% increase and the Human Resource Director
over 30% sometime during the 90's.
Mr. Juelch also commented that the City's negotiator had indicated to the firefighters that
they have not earned enough equity points in this City. He stated that the Department
has responded to 3,800 calls last year.
b) Parry L. Ray, 10801 Twin Cities Road, Galt, stated that he has been a Lodi firefighter for
over 23 years. Mr. Ray talked about the increased hours that firefighters work over
regular employees and reiterated some of the same concerns voiced by Mr. Juelch.
C) Ron Heberle, 1440 Iris Drive, Lodi, stated that a spokesman for the City was cited as
saying that only one Lodi firefighter had left Lodi over the years for another area. He
stated that this is just not true. Mr. Heberle commented that this now has been taken to a
personal level when their names and actual salaries were printed in the papers. He
stated that the firefighters had asked for like information regarding other City employees
and were told that this could not be given out as it is confidential information. He feels
that this is a double standard. Mr. Heberle stated that employees need to have a sense
of value and respect, but asked that this be backed up with some action. He also
indicated that he would like to see the salary comparison cities for management.
d) Susan Heberle, 1440 Iris Drive, Lodi, stated that she was addressing the City Council
basically because of articles that have recently appeared in the newspaper. She
commented that she found the statement of comparison of the worth of Lodi firefighters to
Stockton to be very offensive and she feels that this kind of attitude needs to stop. She
stated that the City needs to make their employees feel valuable. Mrs. Heberle also
stated that she felt Lodi firefighters have been put in a position of putting their lives at risk
because of the reduced funding levels provided by the City.
e) Sarah Heberle, 132 Sunset Drive, Lodi, also addressed the City Council supporting the
previous comments made by firefighters. She indicated that it was her experience in
politics that staff sometimes skirts the truth.
f) Joe Hansen, Lodi firefighter, cited some of the same concerns voiced earlier and asked
for more information regarding the salary survey.
Comments were made by several members of the City Council and concerns were
expressed regarding some of the points that were raised. The City Manager was asked
to clarify the matter of "equity points" that had been raised by the City's negotiator with the
firefighters. The City Manager was also directed to determine, if possible, who had given
the salary information to the media and to take the appropriate disciplinary action.
6
Continued January 19, 2000
g) Jeffery Kirst, 222 West Lockeford Street, Lodi, commended the City and its Police
Department in assisting him with a recent vandalism problem he had incurred at one of
his housing projects. Mr. Kirst also complimented the City on its effort in enhancing public
access to information. He indicated that he particularly liked the fact that the Lodi
Municipal Code is on-line; therefore, he will soon be returning his Lodi Municipal Code
Book back to the City.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Land announced that Sunwest XIV, Unit No. 1, Tract No. 2800 had been
accepted by the City Council this evening which action will result in the opening of Tienda
Drive tomorrow.
Council Member Land congratulated Steve Reeves on being installed as the new Lodi
District Chamber of Commerce President and stated that he knows Steve will do an
outstanding job.
Council Member Land congratulated outgoing Lodi District Chamber of Commerce
President Dorean Rice for a job well done. Further, Council Member Land extended his
hearty congratulations to both Dorean and Walt Rice, who were seated in the audience,
for being named the "Outstanding Citizen(s) of the Year".
b) Council Member Hitchcock commented that the Breakthrough Project and its Racial and
Ethnic Unity Day Celebration was held January 17, 2000 at Hutchins Street Square.
Council Member Hitchcock applauded Mayor Mann for his participation in the event and
congratulated all those who were responsible for making this such a memorable day.
C) Council Member Pennino asked staff to look into the white bumps which had been
installed on Tienda Drive in the vicinity of Target stating that he thought they were
confusing to drivers traversing the area.
d) Mayor Pro Tempore Nakanishi apologized to the Lodi firefighters for what happened and
stated that he will do his best to help remedy the situation.
13. CLOSED SESSION
Mayor Mann adjourned the City Council meeting at approximately 8:40 p.m. to a Closed Session
to discuss the following matter:
a) Actual litigation: Government Code §54956.9(a). One case; San Joaquin County
Taxpayers Association v. City of Lodi, et al., San Joaquin County Superior Court, Case
No. CV009657
14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 9:15 p.m., and the Mayor indicated that
Council confirmed that the City would defend the above lawsuit.
15. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
approximately 9:15 p.m.
ATTEST:
Alice M. Reimche
City Clerk