HomeMy WebLinkAboutMinutes - November 15, 2000LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 15, 2000
A. ROLL CALL
The Regular City Council meeting of November 15, 2000 was called to order by Mayor Mann at
7:00 p.m.
Present: Council Members — Hitchcock, Land, Nakanishi, Pennino and Mayor Mann
Absent: None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
B. INVOCATION
The invocation was given by Jeannie Cory, representative of the Baha'i.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-3 (a) Verne Person with the Lodi Fire Department informed the City Council about the "Walk to
Cure Diabetes", which took place on August 27 for the purpose of raising funds for the
Juvenile Diabetes Foundation. This was the first year that the City has organized a team,
which was successful in raising $2,700 toward finding a cure for diabetes.
D-3 (b) Ashleigh Kruger with the Greater Lodi Area Youth Commission acknowledged Teen of the
Month Elizabeth Orozco from Lodi High School and accepted the award on her behalf.
D-3 (c) Christine Weid with Central Valley Waste Services announced that the 7th Annual Coats
and Cans at the Curb program will be held December 5 — 8. They will be collecting
coats, blankets, and canned goods to go to local charities. Guild Cleaners has
volunteered to clean all the coats and blankets. Ms. Weld reported that last year they
collected 1,087 coats, 149 blankets, and 1 ton of canned goods.
D-3 (d) Dennis Lewis reported on the 12th Annual Lodi Adopt -A -Child Wish for Christmas
program. Last year 975 children participated in this program and nearly 200 received new
bicycles. This year there are 1,551 children on the foundation's list. Names of
disadvantaged children are received from police, school, churches, and the Lodi Unified
School District Child Welfare and Attendance Office. "Angel tags" listing the child's first
name, gender, age, clothing item desired, and special wish are available at the
foundation's office at 23 W. Pine Street, Lodi, from 10:00 a.m, to 10:00 p.m. The
deadline to deliver gifts to the foundation is December 10.
E. CONSENT CALENDAR
Council Member Land made a motion to approve the Consent Calendar with the exception of item
E-11.
Council Member Hitchcock expressed concern at the length of the agenda and suggested that
half of it be continued to another date.
City Manager Flynn commented that staff was able to respond to all Council Members questions,
with the exception of Council Member Hitchcock who had indicated that she did not have time to
formulate her questions prior to the meeting. He explained that a Consent Calendar is for the
purpose of conducting City business that is routine and is not expected to require discussion. Due
to the difficulty for staff in determining what should be on the Consent Calendar, a Shirtsleeve
Session has been scheduled for later this month to discuss the issue.
Continued November 15, 2000
Mayor Pro Tempore Nakanishi reported that he spent 1 — 2 hours reviewing the agenda packet.
He agreed to continue the items to a meeting in two weeks if necessary.
Council Member Hitchcock interpreted Mr. Flynn's comments as an attempt to end discussion on
items. Ms. Hitchcock stated that she spent 10 hours reviewing the agenda packet and could not
afford to take time away from her work responsibilities today to review her questions with staff.
She voiced disapproval over the practice of holding off items from the Council agenda prior to the
election. She asked that items 7, 8, 13, 15, 17, 18, 23, and 24 be removed from the Consent
Calendar.
Council Member Pennino reported that his questions on 10 out of 26 of the Consent Calendar
items were answered by staff prior to the meeting. He noted that during his 10 years on the City
Council, all Council Members have communicated with staff during the week with the exception of
Council Member Davenport.
Council Member Land then amended his motion, Pennino second, in accordance with the report
and recommendation of the City Manager, to approve the following items hereinafter set forth
except those otherwise noted.
E-1 Claims were approved in the amount of $6,654,462.34.
E-2 The minutes of October 24, 2000 (Shirtsleeve Session), October 24, 2000 (Special
Meeting), October 31, 2000 (Shirtsleeve Session), November 1, 2000 (Regular Meeting)
and November 7, 2000 (Shirtsleeve Session) were approved as written.
E-3 Received the report of the sale of surplus equipment in the amount of $17,842.
E-4 Accepted the Quarterly Investment Account Disclosure report of the City of Lodi pooled
money as required by SB564.
E-5 Adopted Resolution No. 2000-192 waiving the formal bidding process and authorizing the
purchase and installation of a vehicle exhaust extraction systems for Fire Station 1, from
Neu -Tech, of Loomis, in the amount of $35,864.57.
E-6 Adopted Resolution No. 2000-193 awarding the contract for the rental and cleaning of
uniforms for certain field and warehouse employees to Unifirst Corporation, of Stockton,
in the amount of approximately $20,000 per year.
E-7 "Adopt resolution awarding the contract for Legion Park and Lawrence Park Tree
Trimming to Grover Landscape Services, Inc. ($40,210); and appropriate $52,900 for the
project" was removed from the Consent Calendar and discussed and acted upon
under the Regular Calendar.
E-8 "Adopt resolution awarding the contract for the Elm Street Parking Lot Project, 11, 15 and
17 West Elm Street, to A.M. Stephens Construction Company, Inc. ($133,080)" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-9 Adopted Resolution No. 2000-194 awarding the contract for White Slough Water Pollution
Control Facility Adjustable Frequency Drive Replacements to Rexel-NorCal Valley
Electrical Supplies, of Stockton, in the amount of $67,332, and authorized the use of
Public Benefit funds for 25% of the project cost.
E-10 Adopted Resolution No. 2000-195 awarding the contract for the Lodi Library Computer
Room Remodel, 201 West Locust Street, to D.S. Clark, of Lodi, in the amount of $18,700;
and appropriated funds in accordance with staff recommendation.
E-11 "Adopt resolution awarding the contract for cellular phone services to Verizon Wireless
($2,300)" was pulled from the agenda pursuant to staff's request.
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Continued November 15, 2000
E-12 Authorized staff to proceed with formal Request for Proposals (RFP) for a two-year
contract for radio maintenance service and repair for all backbone, emergency and non-
emergency radio equipment (does not include the replacement of batteries and
antennas), and that the bidder's list be restricted to Motorola factory -authorized service
companies.
E-13 "Accept improvements under contract for Well 26 Well Drilling, 1020 Bridgetowne Drive"
was removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-14 Accepted the improvements under the "Guild Avenue Street Construction and Street
Overlay, Industrial Way to Pine Street, and Thurman Street Street Construction, 300 Feet
West of Guild Avenue to Guild Avenue" contract and received Contract Change Order
information.
E-15 "Adopt resolution authorizing the City Manager to execute the revised agreement between
the City of Lodi and the County of San Joaquin, acting on behalf of the Sunnyside Water
and Street Lighting Maintenance District, for water service outside the City limits" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-16 Authorized the City Manager to execute a joint -use agreement with Lodi Unified School
District (LUSD), and a design services agreement with Booker Gery Hickman Architects,
for a bus wash facility at 820 South Cluff Avenue in an amount not to exceed $45,000.
E-17 "Authorize the City Manager to fund request from North San Joaquin Water Conservation
District (NSJWCD) for water rights activities ($21,000)" was removed from the Consent
Calendar and discussed and acted upon under the Regular Calendar.
E-18 "Authorize City Manager to execute an agreement with WhyteHouse Productions for the
Lodi New Year's Night 2000 ($15,000)" was removed from the Consent Calendar and
discussed and acted upon under the Regular Calendar.
E-19 Adopted Resolution No. 2000-196 authorizing the City Manager to execute Contract No.
00 -SNR -00241: Advancement of Funds Contract for Central Valley Project Purchase
Power and Wheeling Among the United States Department of Energy Western Area
Power Administration and Certain Central Valley Project Firm Electric Service
Contractors.
E-20 Adopted Resolution No. 2000-197 approving a Public Benefits Program grant in the
amount of $6,185.73 for the new Jack In The Box restaurant, located at 2449 W.
Kettleman Lane, for a demand-side management project.
E-21 Adopted Resolution No. 2000-198 amending the existing City of Lodi Small Business
Energy Services Partnership Program, to extend this program through the calendar year
2001, or until appropriated funds are exhausted, and to eliminate one existing element of
the program as of January 1, 2001.
E-22 Adopted Resolution No. 2000-199 authorizing the Lodi Police Department to participate in
an Office of Traffic Safety grant for an automated Collision Records and Analysis System.
E-23 "Authorization for Lodi Police to participate in a Traffic Safety Initiative Grant" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-24 "Introduce ordinance amending Title 10 — Vehicles and Traffic, by repealing and
reenacting Section 10.52.050(6), 'Parking Restrictions', to the Lodi Municipal Code
relating to truck parking in the City limits" was removed from the Consent Calendar and
discussed and acted upon under the Regular Calendar.
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Continued November 15, 2000
E-25 Adopted Resolution No. 2000-200 approving the year 2000 amendments to the list of
boards, commissions and City employees and officers subject to Conflict of Interest
reporting requirements.
E-26 Set Public Hearing for December 20, 2000 to consider and approve the reallocation of
Community Development Block Grant (CDBG) funds approved under the 2000101
program year.
F. PUBLIC HEARINGS
F-1 Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Mann called for the Public Hearing to consider
the Planning Commission's recommendation that the City Council adopt the 2000 Growth
Management Allocations.
Community Development Director Bartlam reported that this is the annual public hearing
to allocate residential building permits for the year. The City allocates allocations based
on a maximum 2% growth in population every year. This year there are 428 permits to
allocate across the three density categories. There are no requests in the medium- or
high-density categories this year. Mr. Bartlam described the two single-family projects,
which total 103 lots. All of the properties surrounding the parcels have been previously
allocated. The Planning Commission held a public hearing to consider the development
plans and are now requesting that Council approve the allocations as submitted.
In response to Council Member Pennino, Mr. Bartlam stated that the backlog of
allocations can be expired by Council action. Council Member Pennino requested that
this be brought back for Council consideration.
In reply to Council Member Hitchcock, Public Works Director Prima explained that eight
impact fees are collected in two steps. Water, Sewer, Drainage, and Street impact fees
are collected when the final map is approved. Police, Fire, Parks and Recreation, and
General City Facilities fees are due prior to acceptance of the subdivision. The amount is
based on the fee in effect at the time the final map is filed. Development impact fees
were last updated in 1993-94.
Council Member Hitchcock stated that the development fees need to be updated, as they
are inadequate in terms of what it costs today to build facilities and purchase land.
Mr. Prima reported that staff is currently working on updating the development fees.
Completion is anticipated after the first of the year. A draft will be sent to the development
community and City Council.
Council Member Hitchcock explained that she will vote against this item because the City
is not collecting sufficient impact fees to provide the kind of amenities that are indicated in
the General Plan. She noted that some League of California Cities attorneys feel that
cities can reject new developments if they cannot pass school bonds for the financing of
new schools.
In response to Mayor Pro Tempore Nakanishi, Mr. Bartlam explained that Proposition 1A
in 1998 stated that the payment of fees to school districts is full mitigation of school
impacts. The State set the maximum amount of fees that can be paid per square foot for
a housing unit. Schools cannot charge more than the designated State amount.
In reply to Council Member Land, Mr. Bartlam reported that permits are not issued until
they receive a certificate from the school district indicating the fees have been paid. The
City does not collect the fees for the school district.
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Continued November I5, 2000
Council Member Hitchcock explained that the State does set a maximum that school
districts can charge, but it is not meant to cover all costs. Additional funds are supposed
to come from the community. Proposition 1A did state that cities cannot deny
development based upon schools unless they deplete Proposition 1A dollars.
Ms. Hitchcock warned that that could occur in the near future. She commented that
Tracy's Planning Director said they would not build homes if school bonds were not
passed.
City Attorney Hays pointed out that the appropriate time to make a decision not to build
homes is at the time land is subdivided to make lots. In the matter now under
consideration by the Council, the City has already approved the lots. He warned that to
not appropriately allocate the building permits for these lots puts the City in a difficult
situation with regard to whether or not there is a taking circumstance with regard to the
lots.
Council Member Pennino felt that Tracy was a poor example to emulate, as they charge
$25,000 in fees, plus Mello Roos, and their median home price is $279,000.
HEARING OPENED TO THE PUBLIC:
a) Steve Pechin, 323 W. Elm Street, Lodi, spoke on behalf of the applicants for the
two projects. He stated that they have been in agreement with the conditions set
forth by the Planning Commission for the development project and are anxious to
proceed. In reference to Council Member Hitchcock's concern, he pointed out
that over the last 10 years nearly all the money the school district has collected
has come from developers. From this money, school districts have been able to
purchase school sites.
PUBLIC PORTION OF HEARING CLOSED
MOTION:
Council Member Pennino made a motion, Land second, to adopt Resolution No.
2000-201 entitled, "A Resolution Of The Lodi City Council Approving The 2000 Growth
Management Allocations".
DISCUSSION:
Mayor Pro Tempore Nakanishi voiced support for approving the allocations, noting that it
falls within the City's 2% growth rate. There are 834 single-family allocations available,
and this project is for 103.
Council Member Hitchcock clarified that she was not suggesting that all schools be paid
for solely by developers; however, she felt that new housing should be stopped until there
are an adequate number of schools built for children.
Mayor Mann explained that developers do not pay impact fees, they collect them from
people who buy homes. There has been concern expressed that Lodi needs more
affordable housing. If impact fees are increased, home prices will be that much further
out of reach of the everyday homebuyer. He disapproved of the suggestion that the City
should get involved with school district impact fees, noting that they have a School Board
for that purpose.
Council Member Pennino calculated that for a 2,000 square foot home, $6,000 in school
impact fees is charged. If all of the 2,906 units since 1989 were built, the developers
would have paid the School District $17,000,436.
Mayor Pro Tempore Nakanishi pointed out that in some cities impact fees are $9 per
square foot, which makes it much easier for them to build schools.
Continued November 15, 2000
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Land, Nakanishi, Pennino and Mayor Mann
Noes: Council Members — Hitchcock
Absent: Council Members — None
F-2 Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Mann called for the Public Hearing to confirm
the 2001 Annual Report for the Downtown Lodi Business Improvement Area (BIA) No. 1
and levying assessment.
Economic Development Coordinator Goehring reported that Downtown Business
Improvement Area 1 was formed in December 1997 for the purpose of unifying all
downtown businesses to work toward a common goal — that of sustaining an economically
revitalized downtown business area. The district was set up according to a business -
based formula in compliance with the California Streets and Highway Code. Under
provisions of the Code, specifically Section 36535, the district is mandated to conduct an
annual public hearing for the purpose of: 1) confirming the business improvement area
annual report; and 2) the levy of assessments proposed for the forthcoming calendar
year. The purpose of tonight's meetings is to: 1) allow the appropriate protests to be
heard; 2) confirm the Downtown Lodi Business Partnership (DLBP) 2001 annual report;
and 3) levy the proposed fees. The fees are applied according to a business operator
formula and vary according to business type and the zone in which the business is
located. This is not a property -based assessment. The fees are then used to carry out
the various functions of the DLBP as outlined in the annual report. In general, they
include downtown promotional and enhancement activities as well as other operations
and maintenance needs.
HEARING OPENED TO THE PUBLIC:
No protests were received.
PUBLIC PORTION OF HEARING CLOSED
In response to Council Member Hitchcock, Lew VanBuskirk, Executive Director of the
DLBP, reported that the areas have not changed since the formation of the DLBP. There
are two areas designated: Zone A is the core area; and Zone B is the perimeter.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Hitchcock second, unanimously
adopted Resolution No. 2000-202 entitled, "A Resolution Of The City Council Of The City
Of Lodi Confirming The 2001 Annual Report For The Downtown Lodi Business
Improvement Area (BIA) No. 1 And Levy Of Assessment".
F-3 Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Mann called for the Public Hearing to consider
the technical equipment purchase proposal for Local Law Enforcement Block Grant
Program.
Captain Mauch announced that the Lodi Police Department was awarded a grant from the
Local Law Enforcement Block Grant Program in the amount of $88,254 for the purpose of
purchasing technical equipment and other material directly related to basic law
enforcement functions. The Department plans to acquire a mobile command center and
use the majority of grant money to equip the vehicle with computers, video surveillance
equipment, radios, mobile data computers, telephone equipment, and other related
equipment. Equipment cost is estimated at $68,000. The Department also plans to
enhance security measures in and around Lodi and Tokay High Schools by providing
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Continued November 15, 2000
School Resource Officers with the latest technology, allowing them direct access to all the
resources at the Lodi Police Department and other State and Federal agencies. They will
also be able to send and receive e-mail and write their reports, which will be sent directly
to the Department's records management system. The estimated cost for hardware and
software is $15,400. Annual wide area network maintenance is estimated at $5,400,
which includes: $45 per site for a total of $90 per month, and a T-1 communication line at
$180 per site for a total of $360 per month. Captain Mauch stated that the Department
intends to absorb these costs in future years.
Mayor Pro Tempore Nakanishi voiced support of this item, as it will enhance safety at the
high schools.
HEARING OPENED TO THE PUBLIC:
None.
PUBLIC PORTION OF HEARING CLOSED
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Nakanishi, Hitchcock second,
unanimously adopted Resolution No. 2000-203 entitled, "A Resolution Of The Lodi City
Council Approving The Technical Equipment Purchase Proposal For Local Law
Enforcement Block Grant Program".
G. COMMUNICATIONS
G-1 Claims filed against the City of Lodi — None
G-2 Alcoholic Beverage Control License Applications — None
G-3 The following report was presented to the City Council:
a) Planning Commission report of October 25, 2000
G-4 The following postings/appointments were made:
a) The City Council, on motion of Council Member Hitchcock, Nakanishi second,
unanimously made the following appointments:
Lodi Arts Commission
Cynthia Inman Term to expire July 1, 2002
East Side Improvement Committee
Sandra Alderson Term to expire March 1, 2004
G-5 Miscellaneous — None
H. REGULAR CALENDAR
H-1 "Adopt resolutions accepting a Bicycle Motocross BMX Facility Development Grant in the
amount of $5,250 from the National Recreation and Parks Association (NRPA) and direct
staff to draft an agreement with Oak Creek BMX Organization for the construction and
operation of a BMX facility at the Century Boulevard extension"
Interim Parks and Recreation Director Harrison reminded the Council that this project was
originally discussed one year ago. He introduced Lisa Rudloff, Recreation Supervisor,
who was instrumental in obtaining the grant for the City. Tonight's action is the first step
in the project. The BMX facility operator must obtain a use permit through the Planning
Commission. That process will include a public hearing to allow affected property owners
and citizens an opportunity to express their concerns.
Continued November 15, 2000
Council Member Pennino asked that staff ensure citizens are notified of the hours of
operation and other related details prior to the public hearing.
In response to Council Member Hitchcock, Mr. Harrison explained that the American
Bicycle Association requires the operators to be fully insured.
Community Development Director Bartlam noted that an environmental document will be
prepared as part of the use permit process.
MOTION 1 VOTE:
The City Council, on motion of Council Member Pennino, Nakanishi second, unanimously
adopted the following resolutions:
• Resolution No. 2000-209 entitled, "A Resolution Of The Lodi City Council Accepting A
Bicycle Motocross BMX Facility Development Grant From The National Recreation
And Parks Association (NRPA)"; and
• Resolution No. 2000-210 entitled, "A Resolution Of The Lodi City Council Authorizing
Staff To Draft An Agreement With Oak Creek BMX Organization For The
Construction And Operation Of A BMX Facility At The Century Boulevard Extension,
And Further Authorizing And Directing The City Manager To Execute Said
Agreement".
H-2 "Presentation on the Central Valley Energy Facility (LM6000)"
NOTE: Due to a potential conflict of interest, Council Member Pennino abstained from
discussion and voting on this matter.
Electric Utility Director Vallow introduced Mike McDonald, a representative from Enron,
and Jack Sovern, Assistant General Manager of Northern California Power Agency
(NCPA).
Jack Sovern stated that the existing STIG Plant at White Slough is owned by the cities of
Lodi, Lompoc, Alameda, and Roseville. It was originally built with the concept that there
would be expansion in the future. Negotiations are currently underway with Enron for a
45 -megawatt plant. The 30 -day notice will conclude on November 28. A public workshop
will be held at the Carnegie Forum on November 20 from 4:00 to 7:00 p.m. Notices were
sent to over 90 people and agencies effected in the area of the proposed plant.
In response to Council Member Hitchcock, Mr. Sovern reported that since the early
1980s, power plants have operated only on natural gas. Currently there is a high demand
on gas and an insufficient supply, which has increased the price. He did not anticipate the
price decreasing for the next several years.
In the interest of time, Mayor Mann suggested continuing this item to a Shirtsleeve
Session; Council concurred.
H-3 "Request to hire one additional Assistant Animal Services Officer'
Lieutenant David Main reported that since 1967, there have been only two full-time
employees at the Animal Shelter. The only additional staff hired since that time have
been two part-time employees. He stated that funds for the requested additional
Assistant Animal Services Officer would be obtained from the Police operating budget.
In response to Council Member Hitchcock, Terry Arbuckle, Animal Services Officer,
stated that the cat overpopulation problem is due to animal owners who are not educated
regarding the importance of spaying and neutering their pets. California Veterinary
Medical Association offers free spay and neutering of feral cats, and Animal Friends
Connection offers $20 vouchers toward the surgery. The Shelter typically has between 10
to 30 cats each day.
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Continued November 15, 2000
Council Member Hitchcock suggested placing informational notices in utility bill inserts
regarding the importance of altering pets to control overpopulation, and the programs
offered by the Animal Shelter.
MOTION /VOTE:
The City Council, on motion of Council Member Pennino, Nakanishi second, unanimously
adopted Resolution No. 2000-204 approving the hiring of one additional full-time Assistant
Animal Services Officer.
H-6 "Approve plans and specifications and authorize advertisement for bids for Fire Station
No. 4, 180 North Lower Sacramento Road"
Public Works Director Prima reported that a series of meetings have taken place with Fire
Department staff to review the designs for Fire Station No. 4. Costs will be split between
Fire impact fees and Water Utility because there is a water well on the site.
Council Member Pennino stated that staff should look at obtaining energy efficient rebates
from the public benefits program for this project.
Brian Jungeblut, Vice President of the Fire Union, Lodi, reported that the City currently
has three engines and one truck company. When Fire Station No. 4 is complete they will
use an engine company from Station No. 1. He asked that the Council consider fully
staffing Station No. 4, rather than taking an engine company from Station No. 1. A self-
assessment plan indicated that a single residential structure fire required 15 firefighters.
If Station No. 4 was fully staffed, it would give the Fire Department the needed 15
firefighters.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, unanimously
approved the plans and specifications for Fire Station No. 4, 180 North Lower
Sacramento Road, and authorized advertising for bids.
E-7 "Adopt resolution awarding the contract for Legion Park and Lawrence Park Tree
Trimming to Grover Landscape Services, Inc. ($40,210); and appropriate $52,900 for the
project"
Council Member Hitchcock asked for an explanation of the difference between the bid
price and the amount requested to be appropriated.
Deputy City Manager Keeter explained that this project was originally estimated two years
ago and there may be additional trees now that need to be trimmed. There are 170 trees
involved in the project and many have limbs, which overhang into backyards.
Council Member Hitchcock asked why True Green Land Care was considered non-
responsive. Ms. Keeler replied that they did not provide references.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Pennino second, unanimously
adopted Resolution No. 2000-205 awarding the contract for Legion Park and Lawrence
Park Tree Trimming to Grover Landscape Services, Inc., of Modesto, in the amount of
$40,208; and appropriated $52,900 for the project.
E-8 "Adopt resolution awarding the contract for the Elm Street Parking Lot Project, 11, 15 and
17 West Elm Street, to A.M. Stephens Construction Company, Inc. ($133,080)"
Council Member Hitchcock asked why Electric Utility will be providing funding on this
project.
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Continued November 15, 2000
Deputy City Manager Keeter explained that in addition to light standards, part of the
infrastructure of the parking lot will include lighting for the Elm Street project.
MOTION /VOTE:
The City Council, on motion of Council Member Pennino, Land second, unanimously
adopted Resolution No. 2000-206 awarding the contract for Elm Street Parking Lot
Project, 11, 15 and 17 West Elm Street, to A.M. Stephens Construction Company, Inc., of
Lodi, in the amount of $133,082.50; and appropriated funds in accordance with staff
recommendation.
E-13 "Accept improvements under contract for Well 26 Well Drilling, 1020 Bridgetowne Drive"
In reply to Council Member Hitchcock, Public Works Director Prima explained that the
plumbness and alignment criteria for the well project is necessary because if the
alignment is off substantially a more expensive pump may have to be used, or it may
cause premature wear. If the alignment were critically off the well would have to be
redone.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Pennino second, unanimously
accepted the improvements under the 'Well 26 Well Drilling, 1020 Bridgetowne Drive"
contract.
E-15 "Adopt resolution authorizing the City Manager to execute the revised agreement between
the City of Lodi and the County of San Joaquin, acting on behalf of the Sunnyside Water
and Street Lighting Maintenance District, for water service outside the City limits"
In response to Council Member Hitchcock, City Attorney Hays reported that the County
modified the agreement to meet the requirements for the grant that they received from the
Federal government.
MOTION /VOTE:
The City Council, on motion of Council Member Pennino, Land second, unanimously
adopted Resolution No. 2000-207 authorizing the City Manager to execute the revised
agreement between the City of Lodi and the County of San Joaquin, acting on behalf of
the Sunnyside Water and Street Lighting Maintenance District, for water service outside
the City limits.
E-17 "Authorize the City Manager to fund request for North San Joaquin Water Conservation
District (NSJWCD) for water rights activities ($21,000)"
In response to questions by Council Member Hitchcock, Fred Weybret, President of the
North San Joaquin Water Conservation District (NSJWCD), 1520 Edgewood Drive, Lodi,
reported that the District represents Lodi, and the area east, to Lockeford, and north
across the Mokelumne River into north San Joaquin County where they have irrigation
facilities and provide surface water in surplus wet years. The District has never had the
benefit of a firm water supply due to a decision by the State Water Resources Control
Board to grant major significant rights on the Mokelumne River to EBMUD. They
informed north San Joaquin County (including Lodi) that supplemental water would come
"in due time" through the Folsom south canal. He stated that that has never materialized.
The District has been able to have a 20,000 acre foot interim water right in surplus years
which they use to operate their facility to deliver water to portions of the agricultural
community. That right expires at the end of this year. Given the problems that there are
on the Mokelumne as a result of the Bay Delta decisions and the agreement that EBMUD
has filed (to supply additional water for fishing and environmental purposes) the District
had to take action to protect themselves against both the terms of that agreement and to
get an extension on the permit. This additional water would be used to continue to serve
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Continued November 15, 2000
the farming areas of Lodi and also provides an opportunity to discuss possibilities of
conjunctive use projects with EBMUD and the City of Lodi.
Mr. Weybret stated that the District's funds are limited, as they have very little taxing
authority. The District is funding the defense they will make in the litigation that has been
filed in conjunction with the Bay Delta decision; however, they need financial assistance to
help get the 20,000 acre foot water right extended past the end of the year.
In reply to Council Member Hitchcock, Mr. Weybret explained that EBMUD has the
majority of the water right on the Mokelumne River and it is incumbent upon the District to
work with them. Mr. Weybret reported that the water table has been going down over the
last 50 years and it is imperative that action be taken. He stated that there is a great
opportunity in San Joaquin to utilize the aquifer under the county as a water storage
facility.
Council Member Land expressed support for partnering with NSJWCD. He suggested
that Ms. Hitchcock read the Water Degree of 1932 as background on this issue and noted
that there is a San Joaquin Water Advisory Commission vacancy which he encouraged
her to participate in.
Council Member Pennino voiced support for this funding request; however, he stated that
he would be opposed to continually providing financial assistance.
Mayor Pro Tempore Nakanishi pointed out that Lodi's water is from wells only. For a
long-range plan, Lodi must look for surface water and partner with NSJWCD.
Mayor Mann disagreed with Council Member Pennino's statement regarding funding. He
stated that due to the critical nature of the water supply, Lodi will have no choice, but to
continue providing financial assistance to protect its interests. In the long term, Lodi must
develop surface water supplies.
Council Member Pennino clarified that he feels financial assistance should be provided by
others as well, not solely by the City of Lodi.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, unanimously
authorized the City Manager to grant up to $21,000 to the NSJWCD for financial support
for water rights activities.
E-18 "Authorize City Manager to execute an agreement with WhyteHouse Productions for the
Lodi New Year's Night 2000 ($15,000)"
Council Member Hitchcock noted that the Rotary Club is participating in the New Year's
Night 2000 event, and suggested that other service groups be offered an opportunity to
participate.
Dorean Rice replied that sufficient assistance is being provided. There is no need for
additional participation.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Land second, unanimously
authorized the City Manager to execute an agreement with WhyteHouse Productions for
the Lodi New Year's Night 2000, which is scheduled for December 31, 2000 from 4:00
p.m. to 7:30 p.m.
11
Continued November 15, 2000
E-23 "Authorization for Lodi Police to participate in a Traffic Safety Initiative Grant'
Council Member Hitchcock asked for a more detailed report on statistics related to this
item.
Sergeant J.P. Badell stated that in addition to more enforcement, the Police Department
will work closely with traffic engineering, and provide more education to the public. He
stated that a more detailed report on the statistics can be provided to Council within the
next couple of weeks.
Council Member Pennino commented that he too was concerned about the statistics and
had asked staff this afternoon to schedule the issue for discussion at a future Shirtsleeve
meeting.
MOTION / VOTE:
The City Council, on motion of Council Member Pennino, Nakanishi second, unanimously
adopted Resolution No. 2000-208 authorizing the Lodi Police Department to participate in
a Traffic Safety Initiative Grant funded by the Office of Traffic Safety.
E-24 "Introduce Ordinance amending Title 10 — Vehicles and Traffic, by repealing and
reenacting Section 10.52.050(B), `Parking Restrictions', to the Lodi Municipal Code
relating to truck parking in the City limits"
In response to questions by Council Member Hitchcock, Public Works Director Prima
reported that the Flying J does offer truck parking, but it is not intended to be a storage or
long-term parking facility. In response to complaints, Public Works has installed a certain
amount of no -parking signs and changed some of the designations of where parking is
allowed.
Council Member Hitchcock stated that as long as truck parking is allowed in the City,
there is no incentive to build a parking facility. She made a motion to enact the ordinance
for a period of one year (rather than two). The motion died for lack of a second.
PUBLIC COMMENTS:
a) Ron Coale, Local Government Consultant with California Trucking Association,
spoke in support of the ordinance. He reported that approximately 2 million
trucks are registered in California and 1.4 million are on the highway at any given
time. Currently, there are a very limited number of places for trucks to park.
Council Member Pennino suggested that staff look into the possibility of a public/private
truck parking lot working with trucking associations, Council of Governments, and
Caltrans.
Council Member Land noted that a Texaco gas station four miles north of Lodi now has a
paved parking lot that accommodates approximately 20 trucks.
MOTION /VOTE:
The City Council, on motion of Council Member Pennino, Nakanishi second, introduced
Ordinance No. 1697 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Title 10 — Vehicles And Traffic By Repealing And Reenacting Section
10.52.050-(B) 'Parking Restrictions', To The Lodi Municipal Code Relating To Truck
Parking". The motion carried by the following vote:
Ayes: Council Members — Land, Nakanishi, Pennino and Mayor Mann
Noes: Council Members — Hitchcock
Absent: Council Members — None
12
Continued November 15, 2000
RECESS
At 9:47 p.m., Mayor Mann called for a recess and the City Council meeting reconvened at 9:58
p.m.
H. REGULAR CALENDAR (Continued)
H4 "Adopt resolution affirming benefits provided to City Council Members"
City Manager Flynn stated that a report was received by the Grand Jury last week making
certain recommendations, one of which was for the Council to approve benefits that are in
place now administratively to the City Council. He read the list of benefits as outlined in
the Executive Management Statement of Benefits. He noted that if the Council approves
these benefits, they will be optional. Any member of the Council who feels they are
inappropriate can refuse to accept them.
Council Member Pennino pointed out that Mr. Flynn stated "tuition reimbursement" in the
benefits that he read. Three months ago the Council voted to remove tuition
reimbursement from Council benefits.
Mr. Flynn stated that tuition reimbursement will not be included in the Council benefits.
MOTION:
Council Member Pennino made a motion, Land second, to adopt Resolution No.
2000-211 affirming the benefits currently being provided to City Council Members, with
the exclusion of tuition reimbursement.
DISCUSSION:
Council Member Hitchcock stated that the resolution should not be linked to the Executive
Management Statement of Benefits. She asked for clarification on the term "employee
development".
City Attorney Hays stated that the resolution could be modified to contain a schedule of
benefits without reference to the Executive Management Statement of Benefits exhibit.
He explained that employee development refers to seminars and suggested for purposes
of clarity, that following "employee development" a statement be placed in parenthesis
noting that it does not include tuition reimbursement. He stated that the Government
Code indicates that the City can treat the cost of travel for Council Members to do City
business, as a legitimate expense.
Council Member Hitchcock stated that she would like "executive physicals" removed from
City Council benefits.
Mayor Pro Tempore Nakanishi commented that he did not come to the Council with the
intention of getting benefits. They have, however, been extended to the Council since
1988, and he will comply with the Grand Jury's recommendation and formally approve
them.
Council Member Pennino pointed out that the Public Employees Retirement (PERS)
benefit states "2% at 55 after 12 years" and noted that few Council Members will serve for
12 years or more.
City Manager Flynn stated that it will be changed to reflect a general statement that the
City Council is entitled to PERS retirement. This will eliminate the need to update the
resolution each time amendments to percentages and ages are made in the future.
Council Member Pennino noted that page 8 of the Executive Management Statement of
Benefits manual needs to be updated to reflect the current 3% at 50 and 2% at 55.
13
Continued November I5, 2000
City Manager Flynn asked Council Member Hitchcock to explain what documents she
was referring to when she was quoted in the newspaper recently saying that the City
Manager did not give all the information to the Grand Jury that they needed to draw their
conclusion.
Council Member Hitchcock replied that the Administrative Policy and Procedure Manual
specifically states that eligibility for tuition reimbursement is limited to full-time regular
employees. The Rules for Personnel Administration defines what a full-time regular
employee is and indicates that it does not include Council Members. Neither of these
documents was included in what was forwarded to the Grand Jury according to the copies
the City Manager sent to Council Members. Further, she noted that there is nothing that
shows benefits have been extended to Council Members since 1988, other than medical
benefits.
City Manager Flynn stated that both of the documents cited by Ms. Hitchcock were
included in what he took to the Grand Jury.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Land, Nakanishi, Pennino and Mayor Mann
Noes: Council Members — Hitchcock
Absent: Council Members — None
H-5 "Approve plans and specifications and authorize advertisement for bids for Lower
Sacramento Road Utilities, Kettleman Lane to Turner Road"
Public Works Director Prima reported that this request is closely related to the Lower
Sacramento Road project. Utility work needs to be done in conjunction with a road
widening and reconstruction project that is out to bid. It was not included in the original
project because it is a separate type of work.
MOTION / VOTE:
The City Council, on motion of Council Member Pennino, Land second, unanimously
approved the plans and specifications for Lower Sacramento Road Utilities, Kettleman
Lane to Turner Road, and authorized advertising for bids.
H-7 "Adopt resolution awarding the contract for Lodi Lake Bicycle/Pedestrian Corridor Project
(Phase 1), 1101 West Turner Road, to A.M. Stephens Construction Company, Inc.
($731,270); and appropriate $775,000 for the project'
Deputy City Manager Keeter reported that this project consists of: demolition of the wall
along Turner Road; an asphalt trail meandering along the berm on Turner Road;
landscaping on the Turner Road side of the berm with turf on the beach side; a cement
pathway meandering along the beach; decorative wrought iron fence along the beach
area to replace the cyclone fence; a shade structure on the overlook area to
accommodate up to 40 individuals; expansion of the beach area by 35 feet; landscaping
and lighting. All the existing trees will remain in place and 65 new trees will be added in
Phase I of this project. A.M. Stephens anticipates the project will take approximately
three and a half months to complete.
Council Member Pennino commended staff for excellent utilization of outside dollars on
this project. He noted that only 15% is coming from City dollars out of impact fees, the
remaining costs are coming from the State allocation, Measure K, and the Transportation
Development Act.
14
Continued November 15, 2000
MOTION / VOTE:
The City Council, on motion of Council Member Land, Pennino second, unanimously
adopted Resolution No. 2000-212 awarding the contract for Lodi Lake Bicycle/Pedestrian
Corridor Project (Phase 1), 1101 West Turner Road, to A.M. Stephens Construction
Company, Inc., of Lodi, in the amount of $731,268.75; and appropriated funds in
accordance with staff recommendation.
H-8 "Authorize City Manager to execute a professional services agreement with West Yost &
Associates for engineering services to perform pilot testing to determine the feasibility of
percolation treatment/disposal of effluent; and appropriate $114,500 for the project'
Public Works Director Prima reported that Items H-8 and H-9 are closely related to the
White Slough Water Pollution Control Facility. Land discharge is being recommended by
the State for a lot of applications, and, in order to do that during the winter, water must be
percolated. The pilot testing is designed to help determine how much land will be
necessary to do this. He commented that a public meeting was held at the Carnegie
Forum on this subject a few weeks ago.
In response to Mayor Pro Tempore Nakanishi, Mr. Prima stated that staff did not ask for
new proposals from other firms to do this work. Staff has worked with West Yost &
Associates for two years developing the master plan and Mr. Prima felt that it was
inconceivable any other firm could learn all the background, do the research, and put
together these two elements at a lower cost with the same quality of work that West Yost
& Associates has provided. He added that engineering firms are currently all very busy.
In answer to questions by Council Member Hitchcock, Mr. Prima explained that the City
has two fundamental choices: 1) keep treating the water to a higher standard and
discharging it to the Delta; or, 2) consider the alternative that involves land disposal and
possibly some minor discharge to the Delta. There is a sizable balance in the
Wastewater Fund. Any of the alternatives would cost over $30 million. The annual cost
estimate is approximately $4 million and the Sewer Fund takes in just over $3 million per
year.
MOTION:
Council Member Pennino made a motion, Hitchcock second, to authorize the City
Manager to execute a professional services agreement with West Yost & Associates for
engineering services to perform a pilot test to determine the feasibility of percolation
treatment/disposal of treated effluent from the White Slough Water Pollution Control
Facility (WSWPCF); and appropriated $114,500 for the project in accordance with staff
recommendation.
DISCUSSION:
City Manager Flynn stated that there would not necessarily be rate increases. Discussion
of project costs at this time is premature, and purely speculation. Financial assistance
could come from projects with Calpine, Enron, or from State and Federal grants, or the
Habitat Open Space Mitigation Plan.
VOTE:
The above motion carried unanimously.
15
Continued November 15, 2000
H-9 "Authorize City Manager to execute a professional services agreement with West Yost &
Associates for engineering services to prepare a report to request alternative waste
discharge requirements; and appropriate $69,000 for the project"
MOTION J VOTE:
The City Council, on motion of Council Member Land, Pennino second, unanimously
authorized the City Manager to execute a professional services agreement with West
Yost & Associates for engineering services to prepare a report to request alternative
discharge requirements for the White Slough Water Pollution Control Facility (WSWPCF);
and appropriate $69,000 for the project in accordance with staff recommendation.
H-10 "Authorize the transfer of funds for additional work on the Electric Utility Substructures,
Turner Road/McLane Substation Contract ($195,000)"
Deputy City Manager Keeter reported that during construction the contractor encountered
unforeseen circumstances, which significantly added to the cost of this project. These
circumstances included discovery of a buried septic tank, house foundation, tree trunks,
unmarked utilities, cave-ins due to the subgrade of parts of Turner Road, and additional
excavations.
MOTION / VOTE:
The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
adopted Resolution No. 2000-213 authorizing the transfer of $195,000 for additional work
on the Electric Utility Substructures, Turner Road/McLane Substation contract from the
Electric Utility Department's budgeted capital to the project specific accounts.
VOTE TO CONTINUE WITH REMAINDER OF MEETING
The City Council, on motion of Council Member Pennino, Hitchcock second, voted to continue
with the remainder of the meeting following the 11:00 p.m. hour. The motion carried by the
following vote:
Ayes: Council Members — Hitchcock, Nakanishi, Pennino and Mayor Mann
Noes: Council Members — Land
Absent: Council Members — None
REGULAR CALENDAR (Continued)
H-11 "Authorize construction of a 60kV transmission line from Industrial Substation to Harney
Lane, acquisition of easements, and procurement of materials ($350,000)"
NOTE: Due to a potential conflict of interest, Council Member Pennino abstained from
discussion and voting on this matter.
Electric Utility Director Vallow reported that to remove the electrical facilities that are
currently on Cherokee Lane several things have to happen simultaneously. It involves
more than one project and the relocation of more than one facility. Electric Utility took the
initiative to acquire right-of-way and build the line, which will allow PG&E to move their
facilities over to the new corridor that runs along the Californian Traction right of way. In
the event negotiations are unsuccessful, the facilities will not be moved initially, but the
line will be needed eventually.
City Manager Flynn explained that this project allows for the possibility of removing all the
unsightly electric lines that hang out over Cherokee Lane.
W_
Continued November 15, 2000
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, adopted
Resolution No. 2000-214 authorizing the transfer of funds to procure materials, acquire
easements and for associated construction costs for a 60kV line from Industrial
Substation to Harney Lane; and authorize the Purchasing Officer to advertise for the
bidding of materials. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Land, Nakanishi and Mayor Mann
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Pennino
H-12 "Adopt resolution approving no -parking zones on Ham Lane, from 230 feet south of
Cardinal Street to Vine Street, to accommodate the installation of a continuous two-way,
left -turn lane" was pulled from the agenda pursuant to staff's request.
H-13 "Adopt resolution approving no -parking zones on Guild Avenue at Industrial Way and Lodi
Avenue"
Public Works Director Prima reported that due to a reverse curb it is necessary to restrict
parking to allow sight distance along Guild Avenue and Industrial Way.
MOTION / VOTE:
The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
adopted Resolution No. 2000-215 approving the installation of no -parking zones on Guild
Avenue at Industrial Way and at Lodi Avenue.
ORDINANCES
None.
J. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Pennino recalled that a year ago he recommended that staff take a look at
combining all the lifeguard duties under either Hutchins Street Square, Lodi Lake, or Blakely
Pool.
City Manager Flynn replied that he will report back on this issue.
Council Member Pennino announced that the Habitat Open Space Mitigation Plan for San
Joaquin County, which began in 1994, received final approval today from Fish and Game,
Fish and Wildlife. It mitigates the endangered species and provides a mitigation form for
future developments. He pointed out that White Slough has an endangered species — the
giant garter snake.
• Council Member Land stated that the street at the 1800 block of West Walnut Street between
Loma and South Mills is in poor condition and asked when it will be repaved.
Public Works Director Prima reported that consultants are currently in the process of re -rating
all of the City streets with new software, and staff will be coming back to Council with a
revamped street maintenance program with the next budget.
Council Member Land announced that the City now offers direct payment for City bills.
17
Continued November 15, 2000
Mayor Pro Tempore Nakanishi congratulated Keith Land and Emily Howard on being elected
as Council Members in the November 7 election. He thanked Bob Johnson for his efforts,
and stated that he has found Steve Mann to be a man of honor and has his deepest respect.
• Council Member Hitchcock stated that Transportation Director Carlos Tobar has worked very
diligently in helping the school district obtain funding. She also reported that trucks parked
along Business Park Drive make it difficult for cars to pass through.
L. CLOSED SESSION
None.
M. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
None.
N. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:10 P.M.
ATTEST:
Susan J. Blackston
City Clerk
18