HomeMy WebLinkAboutMinutes - March 1, 2000LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 1, 2000
7:00 P.M.
1. 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 Keeler, Public Works Director Prima, and
Community Development Director Bartlam
Also present were Finance Director McAthie, Fire Chief Kenley and Parks and Recreation Director
Williamson.
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 Mann.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Mann presented a proclamation to Nicholas Dellan with the Masons proclaiming
the month of April 2000 as "California Public Schools Month" in the City of Lodi.
b) Mayor Mann presented a proclamation to Theresa Locke and Donna Duvin, with the San
Joaquin County Chapter of American Red Cross, proclaiming the month of March 2000
as "American Red Cross Month" in the City of Lodi.
C) Theresa Yvonne, Arts Coordinator and staff liaison to the Arts Commission, updated the
City Council on the many activities and accomplishments of the Lodi Arts Commission.
d) Mayor Mann presented Certificates of Appreciation to the members of the Information
Technology Committee, which recently disbanded after completing its mission.
e) Alisha Thawley, member of the Greater Lodi Area Youth Commission, acknowledged the
Teen of the Month, Katy Wicks from Lodi High School, and the Honorary Teen of the
Month, Angela Manassero from St. Mary's High School.
f) Carey Madill, with Pacific Gas & Electric Company (PG&E), presented a check in the
amount of $7,500 to Richard Jones, Executive Director of the Lodi Boys and Girls Club,
toward the painting of a mural on the PG&E wall on Cherokee Lane.
g) Mayor Mann presented retiring City Clerk, Alice M, Reimche, with a Resolution of
Appreciation expressing the City's sincere appreciation and thanks for her significant
contributions to the City of Lodi and the Lodi community, and wishing her good health and
the best of luck as she embarks on her new adventures into retirement. Further, San
Joaquin County Supervisor Jack Sieglock presented City Clerk Reimche with a beautiful
certificate thanking her for her dedication to the City of Lodi and this community. Mayor
Mann then presented Mrs. Reimche with a bouquet of roses.
Continued March 1, 2000
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Hitchcock, Nakanishi second, unanimously approved the following items
hereinafter set forth except those otherwise noted:
a) Claims were approved in the amount of $5,109,494.89.
b) Agenda item #E-2 entitled, "Minutes a) February 10, 2000 (Special Meeting); b) February
16, 2000 (Regular Meeting); and c) February 17, 2000 (Special meeting)" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
C) Adopted Resolution No. 2000-27 awarding the contract for East Lodi Avenue Parcel Site
Clearing and Building Demolition, 1400 — 1500 Block of East Lodi Avenue, to SEMCO, of
Modesto, in the amount of $17,974 and appropriated funds in accordance with staff
recommendation.
d) Adopted Resolution No. 2000-28 awarding the contract for installation of electric utility
substructures (conduit and vaults) in Turner Road from McLane Substation easterly past
Mills Avenue and westerly to Lower Sacramento Road/Woodhaven Lane to the low
bidder, Golden State Utility Company, in the amount of $304,999. (Due to a conflict of
interest, Council Member Pennino abstained from discussion and voting on this
matter,)
e) Accepted the improvements under the "Lane Line Painting, Various City Streets, 1999"
contract, and directed the City Engineer to file a Notice of Completion with the County
Recorder's office.
f) Accepted the improvements under the "Sacramento Street Reconstruction, Pine Street to
Oak Street" contract, and directed the City Engineer to file a Notice of Completion with the
County Recorder's office.
g) Authorized the City Manager to execute a professional design master services agreement
with Wenell Mattheis Bowe, of Stockton, for preparing the plans and specifications for
roof replacement work at the Municipal Service Center (MSC), to execute contract
change orders, as needed, for this project, and appropriated funds in accordance with
staff recommendation.
h) Agenda item #E-8 entitled, "Authorize City Manager to execute a professional services
agreement for design services for Elm Street Improvements, School Street to
Sacramento Street" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar.
Adopted Resolution No. 2000-29 authorizing the City Manager to execute a funding
agreement with the State of California Farmland Conservancy Program, formerly known
as the Agricultural Land Stewardship Program, for open spacelagricultural land
preservation efforts. If authorized, the planning grant will be used to pay for consultant
services to begin the process of identifying if and how agricultural land between Lodi and
North Stockton will be set aside to create a greenbelt.
j) Agenda item #E-10 entitled, "Amend contract between the City of Lodi and Food & Fun
Concessions for concession operations at Armory Park and Softball Complex" was
removed from the Consent Calendar and discussed and acted upon following approval of
the Consent Calendar.
Continued March 1, 2000
k) Agenda item #E-11 entitled, "Authorize City Manager to execute contract with Moore,
lacofano, Goltsman, Inc. for greenbelt consulting services" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar.
1) Adopted Resolution No. 2000-32 accepting the annexation of 10 acres to the City of Lodi
for St. John's Episcopal Church (LAFCO 18-99).
m) Agenda item #E-13 entitled, "Public Benefits Program – City of Lodi Energy Efficiency and
Improvements Project" was removed from the Consent Calendar and discussed and
acted upon following approval of the Consent Calendar.
n) Agenda item #E-14 entitled, "Set Public Hearing for April 5, 2000 to consider Refuse Rate
Adjustment Application from Central Valley Waste Services, Inc. (CVWS)" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
o) Set Public Hearing for April 5, 2000 to consider the technical equipment purchase
proposal for Local Law Enforcement Block Grant Program.
P) Agenda item #E-16 entitled, "Consideration of various matters pertaining to the November
7, 2000 General Municipal Election" was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar.
q) Agenda item #E-17 entitled, "Authorization to participate in Joint Countywide Feasibility
Study to explore options for Animal Shelter Operations" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-2 entitled, "Minutes a) February 10, 2000 (Special Meeting); b) February
16, 2000 (Regular Meeting); and c) February 17, 2000 (Special meeting)".
Mayor Pro Tempore Nakanishi indicated that he would like the minutes of February 16,
2000 (Regular Meeting) amended regarding the Council Travel Policy and his comment
regarding the City's $83 million Operating Budget, not $50 million as stated in the
minutes.
The City Council, on motion of Mayor Pro Tempore Nakanishi, Hitchcock second,
unanimously approved the minutes of February 10, 2000 (Special Meeting), February 16,
2000 (Regular Meeting) as amended, and February 17, 2000 (Special Meeting).
b) Agenda item #E-8 entitled, "Authorize City Manager to execute a professional services
agreement for design services for Elm Street Improvements, School Street to
Sacramento Street".
Public Works Director Prima reported that as part of the Capital Improvement Program,
funds have been budgeted for "Downtown Streets Improvements". These funds were
intended to provide for street improvements to be done with adjacent projects. Staff is
currently working on two major projects—one private (the Downtown Theater) the other
public (the Lodi Station Parking Structure). Each will incorporate street improvements
along their frontages. However, the intervening block of Elm Street between School and
Sacramento streets is also in need of major repairs.
Staff proposes to prepare final designs for the concept plan, presented to the Council July
27, 1999, for a reconstructed Elm Street using paving stones, decorative lighting and
street furniture to create a shared walking/driving corridor. The corridor would provide
two-way travel with some diagonal parking between trees, lights and other street furniture,
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Continued March 1, 2000
but would be built without curbs. This provides an enhanced pedestrian environment both
when vehicles are permitted and during closures for various events. The firm of
Worthington and Associates created this design concept and staff wishes to utilize their
services to refine the design. The overall design will be a collaborative effort between
Worthington and City staff. Worthington's work is estimated to cost approximately
$28,000 and the balance of $7,000 is for testing expenses and contingencies.
Council Member Hitchcock questioned what the process is with the property owners for
this type of project. Public Works Director Prima responded to this and other questions
as were posed by the City Council.
Following discussion, the City Council, on motion of Council Member Hitchcock, Pennino
second, unanimously authorized the City Manager to execute a professional services
agreement for design services for Elm Street Improvements, School Street to
Sacramento Street, and appropriated funds in accordance with staff recommendation.
C) Agenda item #E-10 entitled, "Amend contract between the City of Lodi and Food & Fun
Concessions for concession operations at Armory Park and Softball Complex".
Parks and Recreation Director Williamson and Recreation Supervisor Reese presented
the following report.
Food & Fun Concessions has requested to amend the contract at Armory Park and the
Softball Complex, changing their percentage paid to the City from the Complex from 27%
to 20%, and at the Armory from 120% to 5%. Food & Fun is in the final year of a three
year agreement, and has been the concessionaire at these locations for the previous five
years. Their revenue stream has been decreasing due to a reduction in weekend rentals
at these facilities, as the City is no longer an approved host for A.S.A. Junior Olympic
softball tournaments. Our department's youth program is now part of a competing
organization. Also, Tokay High has moved their home games to an on -campus site,
further reducing participant and spectator sales.
Council Member Pennino questioned if the City guaranteed Food & Fun a particular
number of games in the original contract.
Discussion then followed regarding why we are seeing a decrease in the revenue. Parks
and Recreation Director Williamson and Recreation Supervisor Reese responded to
additional questions as were posed by the City Council.
The City Council, on motion of Council Member Pennino, Hitchcock second, denied the
request to amend the contract between the City of Lodi and Food & Fun Concessions by
the following vote:
Ayes: Council Members — Hitchcock, Land, Pennino and Mann (Mayor)
Noes: Council Members — Nakanishi
Absent: Council Members — None
d) Agenda item #E-11 entitled, "Authorize City Manager to execute contract with Moore,
lacofano, Goltsman, Inc. for greenbelt consulting services".
At the request of Council Member Hitchcock, Community Development Director Bartlam
provided the following report.
As the next step in the continuing process of creating a Greenbelt Policy, the 2x2x2
Greenbelt Task Force, made up of representatives of the Lodi City Council, the Stockton
City Council, and the San Joaquin County Board of Supervisors, has chosen Moore,
lacofano, and Goltsman, Inc. (MIG) to conduct community forums or workshops. These
workshops will be arranged to gather input from City and County residents who may have
an interest in the proposed greenbelt activities. Since Lodi is the body that applied for and
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Continued March 1, 2000
received the grant money being used to pay the consultant, we are entering into a
contract with the consultant on behalf of the Task Force. Initially, MIG will be facilitating
two community forums, with the possibility for an additional forum if necessary. The Task
Force and staff will be working closely with MIG throughout this process.
Community Development Director Bartlam provided additional information as to when the
Task Force will next meet and when public forums will be held on this matter.
Following additional discussion, the City Council, on motion of Council Member Hitchcock,
Pennino second, unanimously adopted Resolution No. 2000-31 authorizing the City
Manager to execute a contract with Moore, lacofano, and Goltsman, Inc. for open
space/greenbelt consulting services for a total cost of $22,895.
e) Agenda item #E-13 entitled, "Public Benefits Program — City of Lodi Energy Efficiency and
Improvements Project".
(Due to a conflict of interest, Council Member Pennino abstained from discussion
and voting on this matter.)
Business Planning & Marketing Manager Stone reported that in May of 1999, the City
Council authorized a Citywide energy assessment analysis of designated City -owned and
operated facilities. The assessment, conducted by the City of Lodi Electric Utility and its
energy services partner, Energy Masters International, was completed in late 1999. The
assessment outlines a number of energy conservation and energy improvement
measures/projects for implementation. The project proposed at this juncture (not to
exceed $630,000), incorporates a variety of City structures, facilities and recreational sites
(listed below), that are eligible for grant dollars as identified by the City of Lodi Public
Benefits Program — municipal project category. These construction projects include:
• Fire Station Number 3 — internal lighting retrofit;
• White Slough Wastewater Treatment Plant — internal lighting retrofit, installation of
two highly efficient heat pumps and the installation of programmable thermostats;
• Hutchins Street Square — lighting panel control improvements (as part of the HSS
energy management system), and heating/air conditioning improvements in Kirst Hall;
• Parks and Recreation Administration/Office — internal lighting retrofit; and
• Parks and Recreation Athletic/Event Fields — lighting retrofit for: Armory Park,
Softball Complex, Zupo Field, Grape Bowl, Kofu Park, Blakely Park, Emerson Park,
Hale Park, Lawrence Park, Legion Park, Lodi Lake, Salas Park, and Vinewood Park.
For all internal lighting retrofits, state-of-the-art, highly efficient fluorescent lighting and
controls will be installed (T-8 and compact fluorescent lamping where appropriate,
electronic ballasts, motion sensors, mirrored reflectors) to replace inefficient and aging
equipment. Energy savings for these aforementioned lighting retrofits will be in excess of
15 percent annually per location.
For the external lighting retrofits (athletic and event fields), removal of existing, inefficient
lighting applications will be completed, with installation of new, metal halide, highly
efficient lighting and related components. This particular retrofit project will increase foot
candle light on all fields in the project, which could also be viewed as an improvement
safety measure for patrons utilizing those identified facilities.
The proposed Public Benefits Program expenditures bring municipal category
expenditures current through FY 1999-2000 (based on Public Benefit Program allocation
of funds previously recommended to Council).
Continued March 1, 2000
The City of Lodi Electric Utility, in conjunction with Parks and Recreation, Public Works,
Hutchins Street Square, and the Fire Department, have thoroughly reviewed the various
energy conservation and improvement measures, and respectfully recommend approval
of these municipal projects as qualifying components of the City of Lodi Public Benefits
Program.
Council Member Hitchcock indicated that she had previously requested the City Manager
provide a report on all Public Benefits Program and has not yet received it.
Business Planning & Marketing Manager Stone promised that reports would be
forthcoming to the Council shortly and further answered questions as were posed by the
Council Members.
The City Council, on motion of Council Member Hitchcock, Nakanishi second, adopted
Resolution No. 2000-33 approving a Public Benefits Program grant, not to exceed
$630,000, for a series of energy efficiency and improvement projects at City -owned and
operated facilities and authorized the City Manager to execute an agreement with Energy
Masters International, Inc., to implement the City of Lodi Energy Efficiency and
Improvements Project by the following vote:
Ayes: Council Members — Hitchcock, Land, Nakanishi and Mann (Mayor)
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Pennino
f) Agenda item #E-14 entitled, "Set Public Hearing for April 5, 2000 to consider Refuse Rate
Adjustment Application from Central Valley Waste Services, Inc. (CVWS)".
Public Works Director Prima reported that over the past eight years, City Council has
followed a rate methodology, adopted by Council December 4, 1991, for establishing
residential and commercial refuse collection rates in the City of Lodi. In accordance with
this methodology, Central Valley Waste Services (CVWS) has requested a rate
adjustment of 1.03%, or an increase of $0.19 per month on the standard 38 -gallon
residential rate. Per the adopted methodology, this year the adjustment is based on an
index formula. Staff is reviewing the information submitted by CVWS. Any findings that
effect the adjustment rate will be reviewed at the public hearing.
CVWS has requested the adjustment become effective April 1. Over the past years, this
has normally been the date new rates went into effect. Last year, however, the increase
was not effective until July 1 because CVWS requested a delay due to changes in their
accounting systems. Even though the new rate was delayed three months, CVWS did not
adjust the increase to account for the delay. Since there is no March 15 Council meeting
scheduled, the rate increase will be recommended to take place immediately upon
adoption.
Council Member Pennino requested a report on CVWS reducing its costs.
The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
set Public Hearing for April 5, 2000 to consider Refuse Rate Adjustment Application from
Central Valley Waste Services, Inc.
g) Agenda item #E-16 entitled, "Consideration of various matters pertaining to the November
7, 2000 General Municipal Election".
At the request of Council, City Clerk Reimche presented the following report and
answered questions regarding the matter as were posed by the City Council.
The 2000 General Municipal Election for two Council seats will be held Tuesday,
November 7, 2000. The terms of Council Members Land and Mann are expiring.
on
Continued March 1, 2000
By State statute a number of actions and decisions must be made by the Council prior to
the opening of nominations.
1. It will be necessary for the City Council to adopt a resolution calling and giving notice
of the holding of a General Municipal Election in the City of Lodi on November 7,
2000.
On October 19, 1988, the City Council adopted Ordinance No. 1438 consolidating
Municipal Elections with State-wide General Elections. This Ordinance was
approved by the San Joaquin County Board of Supervisors on February 7, 1989.
2. The California Election Code allows each candidate, for a non-partisan elective office
in a city, to prepare a statement to be included with the sample ballot and mailed to
each registered voter.
The law requires the Council to adopt a policy no later than seven days before the
nominations period opens regarding the candidates' obligation for payment for
candidates' statements. The policy may also include the City's position on three
additional aspects of the voters' pamphlet mailing.
• Payment
Election Code §13307 allows the City to estimate the total cost of printing,
handling, translating and mailing the candidates' statements and requires each
candidate filing a statement to pay in advance to the City his or her pro rata share
as a condition of having his or her statement included in the voters' pamphlet.
The cost of the candidates' statement may be borne by the City, the candidate, or
the cost shared between them. (It should be noted that the City has in the past
elected not to charge candidates for the cost of the candidates' statements.)
• Word Limit
The Council may authorize an increase in the limitation on words for the
statement from 200 to 400 words. (It should be noted that the City has in the past
elected not to increase the word limitation to 400 words.)
• Spanish Lanauaa
Federal law does not require Spanish translation in San Joaquin County. The
City Council may wish to reflect State law which allows candidates to request
Spanish candidates' statements.
Options that the City Council might consider are:
➢ Have translated and printed in the voters' pamphlet only the candidates'
statements of those candidates who request translation and printing.
➢ Have all candidates' statements translated and printed in the voters'
pamphlet.
➢ Have all candidates' statements translated and available upon request in the
City Clerk's office.
➢ Have all candidates' statements translated but print only those statements
which the candidate requests to be printed, others available upon request in
the City Clerk's office.
(The City Council in the past has not charged candidates for these
translations and has elected to allow candidates to request Spanish
candidates statements.)
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Continued March 1, 2000
3. It will be necessary for the City Council to adopt a resolution determining whether or
not there will be a filing fee for nomination papers.
§10228 of the Election Code of the State of California provides that a filing fee
proportionate to the costs of processing a candidate's nomination papers as
determined by the City Council and set by ordinance but not exceeding twenty-five
dollars ($25), may be imposed, to be paid upon the filing of such nomination papers.
California courts have ruled that you may not refuse to place a candidate's name on
the ballot due to an inability to pay the filing fee. If the fee cannot be waived, an
alternative must be provided. Court guidelines are similar to Election Code §8106
providing for the substitution of four additional signatures for each one dollar of the
filing fee, or an additional one hundred signatures.
(In the past the City Council determined that there would be no filing fee for the
processing of candidates' nomination papers.)
4. The City Council on October 19, 1988, adopted Ordinance No. 1438 entitled, "An
Ordinance Of The Lodi City Council Consolidating Municipal Elections With State -
Wide General Elections". This Ordinance was adopted pursuant to Section 36503.5
of the State of California Government Code. Ordinance No. 1438 was approved by
the San Joaquin County Board of Supervisors on February 7, 1989.
It is necessary for the City of Lodi to enter into an Agreement with the County of San
Joaquin to provide certain services in the conduct of the November 7, 2000 General
Municipal Election. The City will reimburse the County for these services when the
work is completed and upon presentation to the City of a properly approved bill.
5. §10229 of the Election Code allows for one of the following courses of action to be
taken by the City Council in the event there are not more candidates than offices to be
elected, or if no one is nominated:
• Appoint to the office the person who has been nominated.
• Appoint to the office any eligible voter if no one has been nominated.
• Hold the election if either no one or only one person has been nominated.
Council may recall that a number of years ago only the incumbents were nominated
for office at the General Municipal Election held in Lodi. State statute, at that time,
mandated that the election be held. The City had to bear the cost of the election and
the voter turnout was extremely low. State statutes have since been amended to
allow for a number of courses of action which can be followed should this happen.
However, the decision on which course of action is to be followed must be adopted by
the City Council prior to the election.
The Provisions of this statute do not apply if, at the subject election, more than one
person has been nominated to another City office to be elected on a City-wide basis
or city measure has qualified to be placed on the ballot.
In the event that no nominations are received, this matter will be brought back to the
Council following the close of nominations for Council to decide if it wishes to appoint
eligible voters to the office or hold the election which would then allow for write-in
candidates.
6. §15651 of the State of California Election Code provides that the determination of a
tie vote by candidates who receive an equal number of votes and the highest number
of votes for one office in an election to be either by lot or by the conduct of a special
runoff election.
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Continued March 1, 2000
A special runoff election shall be held only if the legislative body adopts the provisions
for the special election prior to the conduct of the election resulting in the tie vote.
Because of the time and cost involved in conducting a special runoff election, it is
recommended that the tie vote be determined by lot which process would be
conducted by the City Clerk at the City Council meeting immediately following the
canvass of the subject General Municipal Election.
7. The State of California Election Code sets forth that whenever any city measure(s)
qualifies for a place on the ballot, the governing body may direct the City Elections
Official to transmit a copy of the measure(s) to the City Attorney for preparation of an
impartial analysis. The Election Code further sets forth the process for receiving
arguments for and against the measure(s) and for the submittal of rebuttal
arguments.
It is, therefore, necessary that the City Council adopt a resolution regarding impartial
analyses, arguments for and against any measure(s), and for the submittal of rebuttal
arguments as set forth in the State of California Election Code for any measure(s)
that may qualify to be placed on the ballot for the November 7, 2000 General
Municipal Election.
8. In order to ensure that political signs are removed by City Council candidates
following the November 7, 2000 General Municipal Election, it is recommended that
the City Council adopt the attached resolution. The proposed resolution would
require all Council candidates running for office in the November 7, 2000 General
Municipal Election make a $100 cash deposit at the time they file their nomination
papers to ensure the removal of their signs following the election.
Following the election, when it has been determined that all of the candidate's signs
have been removed within the 30 day time frame, the $100 deposit will be returned to
the candidate at his/her request.
Following discussion, the City Council, on motion of Council Member Hitchcock, Pennino
second, unanimously adopted the following resolutions:
• Resolution No. 2000-34 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Calling And Giving Notice Of The Holding Of A General Municipal
Election To Be Held In The City On Tuesday, November 7, 2000, For The Election Of
Certain Officers Of The City As Required By The Provisions Of The Laws Of The
State Of California Relating To General Law Cities";
• Resolution No. 2000-35 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Adopting Regulations For Candidates For Elective Office Pertaining
To Candidates Statements Submitted To The Voters At An Election To Be Held On
Tuesday, November 7, 2000";
• Resolution No. 2000-36 entitled, "A Resolution Of The Lodi City Council Determining
That There Will Be No Filing Fee Charged For The Processing Of Candidates'
Nomination Papers For The November 7, 2000 General Municipal Election";
• Resolution No. 2000-37 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Requesting The Board Of Supervisors Of The County Of San
Joaquin To Render Specified Services To The City Relating To The Conduct Of A
General Municipal Election To Be Held Tuesday, November 7, 2000";
• Resolution No. 2000-38 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Providing For The Appointment To The Offices Of This City That
Were To Be Elected Tuesday, November 7, 2000 Of The Persons Who Have Been
Nominated If There Are Not More Candidates Than Offices To Be Elected'
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Continued March 1, 2000
• Resolution No. 2000-39 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Providing That The Determination Of A Tie Vote By Candidates Who
Receive An Equal Number Of Votes And The Highest Number Of Votes For One
Office In The November 7, 2000 General Municipal Election Will Be By Lot';
• Resolution No. 2000-40 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Setting Forth The Council's Policy Regarding Impartial Analysis,
Arguments And Rebuttal Arguments For Any Measure(s) That May Qualify To Be
Placed On The Ballot For The November 7, 2000 General Municipal Election"; and
• Resolution No. 2000-41 entitled, "A Resolution Of The City Council Of The City Of
Lodi, California, Establishing A Cash Deposit Of $100 Be Made By Council
Candidates To Ensure Political Signs Are Removed Within 30 Days Following The
November 7, 2000 General Municipal Election".
h) Agenda item #E-17 entitled, "Authorization to participate in Joint Countywide Feasibility
Study to explore options for Animal Shelter Operations".
City Manager Flynn reported that the proposed study, conducted by a consultant, would
explore the options for all animal control and animal shelter services in the county under a
Joint Powers Authority, consortium, or similar agreement. Many of the shelter facilities
around the county are either antiquated or undersized, and Lodi's facility as well is
overcrowded and in need of renovation.
In addition, new legislation (the Hayden Bill) took effect July 1, 1999. The bill, among
other things, dramatically increased the amount of time shelters are required to hold
animals. The impact on our shelter, as well as others in the county is significant.
Participation in the study carries no further obligation for our City, but staff would have
adequate information to consider the options explored by the study.
Speaking on the matter were the following persons:
1. Pat Sherman, 708 Reisling Court, Lodi, spoke in support of the operation and
asked that Animal Friends Connection be kept informed.
2. Rose Hilliard, 616 Victor Road, Lodi, urged the Council to vote no on this study.
She would rather see the money spent to improve the current operation. She
suggested that Council create an educational campaign on animals and further
make it mandated for non -breeders to spay or neuter their animals.
Following discussion, the City Council, on motion of Council Member Pennino, Hitchcock
second, adopted Resolution No. 2000-30 authorizing the expenditure of $5,130 in order
for the City to participate in a Joint Countywide Feasibility Study to explore options for
Animal Shelters with the cities of Stockton, Manteca, Tracy, Lathrop, Escalon, and Ripon
and the County of San Joaquin by the following vote:
Ayes: Council Members — Hitchcock, Land, Pennino and Mann (Mayor)
Noes: Council Members — Nakanishi
Absent: Council Members — None
PUBLIC HEARINGS
None.
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Continued March 1, 2000
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, Hitchcock second, unanimously rejected the following claims:
1. Pacific Bell, date of loss 5/11/99
2. Dwayne Henderson, date of loss 10/4/99
3. Arthur Altnow, date of loss 12/4/99
b) City Clerk Reimche read the following ABC License:
Rick A. Darone to Rickie D. Inc., Tony's Pizzeria, 514 West Lodi Avenue, Lodi,
On -Sale Beer and Wine, Fiduciary Transfer
Council Member Land expressed a concern that Jack in the Box do landscaping and
design improvements to its new facility going in by Safeway on Kettleman Lane and Lower
Sacramento Road, as it is a main ingress/egress into this City. Council Member Land is
disappointed in having this type of restaurant at this location, and would rather see an
upscale sit-down restaurant. Council Member Hitchcock commented that she is glad that
Jack in the Box is going in at that location, because she would rather see the upscale
sit-down restaurants in the downtown area.
C) The following report was presented to the City Council:
Planning Commission report of February 9, 2000
d) The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
made the following appointment to the Lodi Arts Commission:
Lodi Arts Commission
Sidney Fosen Term to expire July 1, 2001
9. RECESS
Mayor Mann called for a ten-minute recess, and the City Council meeting reconvened at
approximately 8:40 p.m.
10. REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Lower Sacramento Road Widening Project, status report and
discussion".
Public Works Director Prima introduced Traffic Engineer Fernandez, who presented the
following report.
The Public Works Department staff has been working with our engineering consultants,
Mark Thomas & Co., Inc., on several aspects of the Lower Sacramento Road Widening
Project. Staff is very pleased with the design outcome and community response to the
widening project. Staff felt that prior to completing the street improvement design, an
overview of the project should be presented to City Council; therefore, staff and the
consultants presented the recommended layout. The Status Report and Traffic Study
Summary were presented as additional information.
Staff has directed our consultants to design a project between Kettleman Lane and
Turner Road that will allow the City to acquire a minimal amount of right of way while
providing four travel lanes with a raised landscaped median and turn lanes. We propose
to acquire right of way at the following areas:
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Continued March 1, 2000
South of Tejon Drive, east side
Ten feet is needed to build the curb, gutter and sidewalk along the east side of the main
roadway without constructing the frontage road. This involves acquiring right of way from
one parcel.
Vine Street to Taylor Road, west side
At both corners, Vine Street and Taylor Road, fifteen feet is needed to build the ultimate
improvements with transitions just at the intersections. To accommodate the four travel
lanes, it is necessary to reduce the median width by two feet. Between these
improvements, a temporary asphalt dike will be constructed on the west side. This
involves acquiring right of way from one property south of Vine Street and three properties
north of Taylor Road.
North of Sunwest Market Place (Safeway), east side
Fifteen feet is needed to construct curb, gutter and sidewalk at the ultimate location on
the east side. This involves acquiring right of way from three properties north of the
shopping center.
Staff hosted a second public meeting on February 28, 2000, and discussed the comments
from this meeting.
The environmental document is currently underway and the Community Development
Department will be bringing this item to City Council on April 5, 2000. Since the City will be
using federal and state funds for the construction of this project, the environmental
document, as well as several technical studies, have been prepared to meet National
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)
guidelines. The environmental document needs to be certified by the beginning of April in
order to meet a June 2000 deadline for allocation of funds by the California Transportation
Commission.
After the environmental document has been certified, staff will begin the process of
acquiring right of way as needed for the widening project. Staff anticipates bringing back
to City Council the request for approval of plans and specifications and authorize
advertisement of the widening project in June 2000. Several utility companies have been
notified and are currently working on the engineering to relocate their facilities prior to the
start of construction. Staff anticipates that construction could begin in August or
September 2000 depending on approval of State/City Cooperative Agreement for funding
and right of way acquisitions.
Ms. Fernandez provided the following breakdown of the $6.7 million funding:
Cost
Design/Environmental Documentation
Right of Way Acquisition
Construction/Construction Management
Funding Sources
$ 753,400
50,000
5,896,600
TOTAL $6,700,000
State Transportation Improvement Program (STIP) $2,600,000
Measure K 1,883,000
Transportation Development Act (TDA)/Regional 2,217,000
Impact Fees
TOTAL $6,700,000
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Continued March 1, 2000
Speaking on the matter was Tim Flemming with Mark Thomas & Company, who provided
additional information regarding the report and project calendar and went through a typical
cross-section of the proposal. Traffic Engineer Fernandez and Mr. Flemming answered
questions as were posed by Council Members.
Council expressed a concern about Taylor Road being an ingress/egress on this
proposal.
There was no action required on this matter.
11. ORDINANCES
None.
12. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Walter Pruss, 2421 Diablo Drive, Lodi, stated that he is very interested in the project and
has actively followed the progress of the project. He stated that he is vitally interested in
traffic and safety. Further, Mr. Pruss stated that he did not get a complete review of the
proposed landscaping plan at either of the public meetings he attended. Mr. Pruss
recommended that the landscaping be done at a low installation cost, and that it be low
maintenance and drought resistant.
b) Janet Pruss, 2421 Diablo Drive, Lodi, stated that at one point in earlier discussions
regarding this project she heard that eventually Lower Sacramento Road would become a
six -lane road and questioned whether or not this was true. Mayor Mann confirmed that
her recall was correct. Finally she asked who would pay for the maintenance of the
landscaping after the grant monies are used up. Mrs. Pruss also urged that the
landscaping be drought resistant.
C) Rick Gerlack, Taylor Road, Lodi, stated that he has attended the workshops and has
talked with both Richard Prima and Paula Fernandez regarding the intersection of Lower
Sacramento Road and Taylor Road. He stated that staffs proposal regarding this
intersection is a lot safer than the present conditions. He added that right now there is a
safety issue out there, and no one seems to have worried about it.
Council Member Pennino commented that there may be some differences of opinion
regarding the median landscaping and asked staff to keep the Council apprised as plans
go forward.
13. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Pennino stated that he had received a letter from Mr. Hal Armstrong
regarding the recently adopted ordinance designed to limit the parking of large
commercial vehicles within the City limits. Council Member Pennino referred the matter
to the City Attorney. Mr. Pennino further requested that the City Council receive written
comments from the City Attorney regarding the letter and that this subject be brought
back on a future agenda.
b) Council Member Land stated that he had received a telephone call from Mr. Bob Burnett
who resides on Mills Avenue regarding the area of Mills and Tokay Street to Vine Street.
Mr. Burnett stated that it is very hard to see the street striping in the rain. Council
Member Land asked questions regarding this area and stated that it was his
understanding at an earlier meeting that this area would be monitored for the concerns
that had been expressed at that time.
C) Very warm and gracious remarks were made to City Clerk Reimche during her last
regular City Council meeting by members of the City Council.
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Continued March 1, 2000
d) Council Member Hitchcock talked about the Special City Council Meeting slated for 7:00
p.m., Thursday, March 30, 2000. She urged that the meeting be changed to a regular
Council meeting date as citizens are more accustomed to viewing and attending Council
Meetings on those days. Ms. Hitchcock stated that if the meeting in fact is held on March
30, 2000, that every effort should be made to encourage citizens to attend the meeting
and that arrangements be made to have the meeting televised.
The other Council Members felt that the meeting should go forward on March 30, 2000 at
7:00 p.m.
Council Member Hitchcock stated that she is concerned about trying to finance this
project from the General Fund and further stated that she had received a number of
telephone calls supporting her concerns.
Council Member Hitchcock asked for a clarification regarding the purpose and
expectations for the March 30, 2000 meeting. Various Council Members responded
regarding the concerns that had been expressed by Council Member Hitchcock.
e) Mayor Mann asked that the recently adopted ordinance relating to truck parking be placed
on the agenda for the April 5, 2000 City Council Meeting.
14. CLOSED SESSION
Mayor Mann adjourned the City Council meeting at approximately 10:00 p.m. to a Closed Session
to discuss the following matter:
a) Conference with Labor Negotiator, Human Resources Director Joanne Narloch, regarding
San Joaquin Public Employees Association (SJPEA) regarding General Services and
Maintenance and Operators (M&O); Lodi Police Dispatchers Association (LPDA); Lodi
Police Officers Association (LPDA); United Firefighters of Lodi (UFL); Confidential
Employees, Management and Mid -Management Employees pursuant to Government
Code 54957.6
15. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 10:40 p.m., and Mayor Mann disclosed
that this matter would appear again on a Special Meeting agenda for March 21, 2000.
16. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
approximately 10:40 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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