HomeMy WebLinkAboutMinutes - March 21, 2001LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 21, 2001
A. ROLL CALL
The Regular City Council meeting of March 21, 2001 was called to order by Mayor Nakanishi at
7:00 p.m.
Present: Council Members — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Ran Dotson, Heartland Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Nakanishi.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 (a) Awards — None
D-2 (a) Mayor Nakanishi presented a proclamation to Library Services Director Nancy Martinez
proclaiming the week of April 1 — 7, 2001 as "National Library Week" in the City of Lodi.
D-2 (b) Mayor Nakanishi presented a proclamation to Richard Jones, Executive Director of the
Lodi Boys and Girls Club, proclaiming the week of March 24 — 31, 2001 as "National Boys
and Girls Club Week" in the City of Lodi.
D-3 (a) Julia Rough, member of the Greater Lodi Area Youth Commission, acknowledged the
Teen of Month, Jamie Funamura from Tokay High School.
D-3 (b) Mayor Nakanishi presented the Distinguished Program Award to Police Chief Jerry
Adams, which was awarded by the California Department of Youth Authority for the Lodi
Area Crime Stoppers Program.
CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Pennino second, unanimously approved the following items hereinafter set
forth:
E-1 Claims were approved in the amount of $4,948,831.00.
E-2 The minutes of February 20, 2001 (Special Meeting), February 27, 2001 (Shirtsleeve
Session), and March 1, 2001 (Joint Meeting with the Lodi Unified School District) were
approved as written.
E-3 Approved the plans and specifications for installation of streetlights on phase two of the
Streetlight Completion Project, authorized advertisement for bids, and authorized the
transfer of funds for the project.
E-4 Adopted Resolution No. 2001-62 authorizing the City Manager to purchase two electric
panels from All -Phase Electric Company, in Stockton, in the amount of $40,796.25 for
Turner Road Underpass Storm Pumping Facility and Water Well No. 26 at Katzakian
Park, and appropriate funds to cover the purchase.
Continued March 21, 2001
E-5 Adopted Resolution No. 2001-63 awarding the bid for the purchase of two replacement
base station radio transmitters for the Fire Department to Bearcom, of Sacramento, in the
amount of $12,506.30
E-6 Adopted Resolution No. 2001-64 awarding the contract for Well 26 Pump and Motor,
1020 Bridgetowne Drive (Katzakian Park), to Amerine Systems, Inc., of Oakdale, in the
amount of $17,860 and appropriated funds in accordance with staff recommendation.
E-7 Adopted Resolution No. 2001-65 awarding the contract for Salas Park Playground
Improvements, 2001 South Stockton Street, Hutchins Street Square, 600 West Oak
Street, Century Park Playground Improvements, Century Boulevard and Church Street, to
A.M. Stephens Construction Company, Inc., of Lodi, in the amount of $150,889.00 and
appropriated funds in accordance with staff recommendation.
E-8 Adopted Resolution No. 2001-66 awarding the contract for Eastside Aerial Survey and
Mapping Services, to Psomas, of Sacramento, in the amount of $10,248.00 and
appropriated funds in accordance with staff recommendation.
E-9 Accepted the improvements under the "Peterson Park Restroom, 199 Evergreen Drive"
contract and directed the City Engineer to file a Notice of Completion with the County
Recorder's office.
E-10 Accepted the improvements under the "Electric Utility Substructures, Turner
Road/McLane Substation" contract and directed the Electric Utility Director to file a Notice
of Completion with the County Recorder's office.
E-11 Adopted Resolution No. 2001-67 amending Resolution No. 2000-91 to authorize the San
Joaquin County Public Works Director rather than the Integrated Waste Manager to
execute all necessary forms for the purpose of securing payment to implement and carry
out the purposes specified in Section 14851 (A)(4)(a) of the California Beverage
Container Recycling and Litter Reduction Act.
E-12 Adopted Resolution No. 2001-68 approving the City of Lodi Electric Utility Summer 2001
ISO Industrial Customer Load Curtailment Program, and authorized the City Manager to
sign a contract between the City of Lodi and Planergy International to implement and
manage the project.
E-13 Approved the Addendum to the Improvement Agreement for the public improvements of
Colvin Ranch, Tract No. 2430, directed the City Manager and City Clerk to execute the
Addendum on behalf of the City, and appropriated funds for the cost of the improvements.
E-14 Adopted Resolution No. 2001-69 approving the waiver and transfer of Juvenile
Accountability Incentive Block Grant funding and approved matching City funds in the
amount of $1,557.00.
E-15 Set Public Hearing for April 18, 2001 to introduce ordinance for the implementation of a
Market Cost Adjustment Policy and Mechanism.
E-16 Adopted Resolution No. 2001-70 approving an appropriation of $8,085 to complete the
seating project at Zupo Field.
F. PUBLIC HEARINGS
F-1 "Public Hearing to adopt resolution accepting the Oliver Tecklenburg/William Beckman
Reorganization proposal to annex approximately 27 acres to the City of Lodi with
concurrent detachments from the Woodbridge Rural County Fire Protection District,
Northern San Joaquin Water Conservation District, and Road District No. 4" was pulled
from the agenda and rescheduled for the regular City Council meeting of April 18,
2001.
2
Continued March 21, 2001
G. COMMUNICATIONS
G-1 On recommendation of the City's contract administrator, Insurance Consulting
Associates, Inc. (ICA), and Human Resources staff, the City Council, on motion of
Council Member Hitchcock, Land second, unanimously rejected the following claims:
a)
Andrew Conley, date of loss 9/25/00
b)
Bertha Schock, date of loss 8/19/00
C)
Kenny Rawe, date of loss 10/27/00
d)
Delta Radiology Medical Group, date of loss 7/13/00
e)
Steven Anthes, date of loss 1/24/01
f)
Michelle Garcia, date of loss 1/10/01
g)
Barbara Farhat, date of loss 6/25/00
G-2 Alcoholic Beverage Control License Applications — None
G-3 Reports: Boards/Commissions/Task Forces/Committees — None
G-4 Appointments — None
G-5 Miscellaneous — None
H. REGULAR CALENDAR
H-1 "Approve KPMG Option 3 Proposal to perform the City's Readiness Assessment for
GASB 34 and approve appropriation of funds ($75,000)"
Accounting Manager Ruby Paiste introduced KPMG Senior Manager Marvin Dozier.
Mr. Dozier stated that the Government Accounting Standards Board (GASB) sets forth
the standards for governmental accountants. GASB34 includes policy considerations,
accounting issues, and systems capabilities, which must be addressed by the City and
implemented by 2003. KPMG's proprietary software tool 'Government Reporting
Implementation Process' (GRIP) assists cities in developing policies for implementing
GASB34 and serves as a guide through the numerous requirements. There are two
components of GRIP: 1) Readiness Assessment — includes interviews with key
employees, validation of interview answers, identification of high risk areas, and
development of a matrix identifying projects that are critical for the City; and 2) Master
Plan — will detail out numerous projects including their definitions, roles, responsibilities,
and assignments; the approach the City needs to take and the program structure on how
to complete the projects. For each project, KPMG will develop the scope, objectives,
project management structure, schedules, milestones and deliverables, as well as the
estimated cost of the projects.
In response to Mayor Pro Tempore Pennino, Finance Director McAthie stated that she
believed her staff could perform a substantial amount of the work to implement GASB34.
Mayor Nakanishi asked what the penalty would be for GASB34 non-compliance.
Mr. Dozier replied that financial statements would not be in accordance with generally
accepted accounting principles, which would result in an "adverse opinion." An adverse
opinion could affect the City's bond rating or impact the level of funding the City receives
from federal agencies. He stated that there will be an increased and ongoing cost to the
City to implement GASB34, as it requires that two financial statement perspectives
(Citywide and Fund Level) be prepared, rather than one.
MOTION/ VOTE:
The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second,
unanimously adopted Resolution No. 2001-71 approving the proposal submitted by
KPMG LLP to perform professional services to assist the City in addressing
implementation of GASB 34.
Continued March 21, 2001
H-2 "Adopt resolution approving no -parking zones on all or portions of Ham Lane, Vine Street
to Lodi Avenue, to accommodate the installation of a continuous two-way left -turn lane"
Associate Traffic Engineer Paula Fernandez reported that staff has reviewed accident
rates, traffic volume, and performed parking surveys on Ham Lane between Cardinal and
Lodi Avenues. During the past five years there have been 23 collisions related to left -turn
accidents on Ham Lane between Vine and Tokay Streets, with 6 collisions between Tokay
Street and Lodi Avenue. Staff determined that there was not enough traffic volume to
justify a raised median; however, they recommend no parking zones on Ham Lane
between Vine and Tokay Streets to accommodate left -turn lanes, with no changes on the
segment between Tokay Street and Lodi Avenue.
In response to Council Member Land, Ms. Fernandez reported that the no parking zone
areas would eliminate 24 parking spaces on the east side of the street and 21 spaces on
the west.
Mayor Pro Tempore Pennino asked the City Attorney whether the City would have any
liability for future accidents on Ham Lane if the Council chose not to take action at this
time.
City Attorney Hays replied that he did not believe so, as the roadway does not represent a
dangerous condition. The accidents indicate that drivers are not paying attention to what
is going on in front of them.
Mayor Nakanishi favored retaining the parking spaces and suggested that for safety
reasons a compromise of a raised median would be preferable.
PUBLIC COMMENTS:
Cory Wright, 19460 Benedict Drive, Woodbridge, Administrator of Vienna
Convalescent Hospital, stated that Vienna is strongly opposed to the City placing a
continuous left -turn lane on Ham Lane between Vine Street and Sylvia, which would
eliminate 16 parking spaces. Each day employees and visitors utilize street parking
in front of Vienna. Mr. Wright stated that they would be in favor of the City creating a
left -turn pocket at Sylvia and Iris with a median strip from Vine Street to Sylvia. This
would eliminate left -turn accidents on Ham Lane within this section and still allow the
majority of parking currently available to remain intact. He commented that Vienna
was built in 1962 as a 70 -bed facility and was subsequently remodeled and increased
to 150 beds. No additional parking spaces were added, as there was insufficient
space to do so.
• Ken Heffel, 11 S. Avena Avenue, Lodi, owner of Vienna Convalescent Hospital,
suggested having a continuous sidewalk with only one entrance off Iris Drive into the
medical complex, and installing a right -turn only exit from Vienna.
• Shelley Schmidt, 512 Sandstone Court, Woodbridge, stated that she works for Lodi
Property Management, which manages the La Espana apartments at 350 S. Ham
Lane. She reported that the tenants of the apartments are concerned about the 40
mph speed limit on Ham Lane. Ms. Schmidt spoke in favor of having a two-lane
street with a center turn lane.
Mayor Pro Tempore Pennino stated that he is a strong supporter of improving safety and
suggested that the problem in this situation may be related to traffic enforcement. He
recommended having the Police Department increase enforcement in the area and Public
Works staff consider adding red curb near the exits of the medical offices on Vine Street.
He suggested tabling the issue of no parking zones on Ham Lane between Tokay and
Vine for one year, and added that he is not in favor of a raised median.
In reply to Mayor Pro Tempore Pennino, Public Works Director Prima stated that staff has
authority, administratively, to add up to 100 feet of red curbing when necessary.
4
Continued March 21, 2001
Council Member Hitchcock disagreed that increasing traffic enforcement would solve the
problem, as most of the accidents were unrelated to speeding. She spoke in favor of
staff's recommendation and noted that the City is not obligated to provide a parking lot for
businesses along Ham Lane.
Mayor Pro Tempore Pennino indicated that if there were three votes in favor of staffs
recommendation he would support it.
Council Member Land stated that he agreed with Mayor Pro Tempore Pennino's
suggestion to increase traffic enforcement, add red curbing, and table the issue for one
year.
MOTION:
Council Member Land made a motion, Howard second, to direct staff to increase traffic
enforcement on Ham Lane, Vine Street to Lodi Avenue, and to determine the need for
additional red curb areas.
DISCUSSION:
Council Member Howard clarified that staff has recommended no changes on the
segment of Ham Lane from Tokay Street to Lodi Avenue.
Mayor Pro Tempore Pennino explained that he did not make the motion because he
believed the best solution would be a left -turn lane.
Council Member Hitchcock concluded that, by this action, Council is making a decision to
do nothing. She felt that the current number of accidents and likelihood that they will
increase, calls for more proactive action.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Howard, Land and Mayor Nakanishi
Noes: Council Members — Hitchcock and Pennino
Absent: Council Members — None
H-3 "Approve plans and specifications and the Improvement Agreement for the Elm Street
Reconstruction Project, Church Street to Sacramento Street, and appropriate funds for
the costs of the improvements"
Public Works Director Prima explained that this project is on the block in front of the new
theater on Elm Street, between Church and School streets. The diagonal parking toward
the west end of the block will mainly be handicap parking. Staff recommends that the
theater developers include the public improvements on this block and the adjacent block
of Elm Street, between School and Sacramento Streets, as part of their project and the
City will reimburse the cost. Mr. Prima anticipated that this project would be completed by
early June.
Mayor Nakanishi suggested that the Council direct the City Manager to seek bids for this
project.
Mayor Pro Tempore Pennino disagreed, noting that it would delay the project and
negatively impact businesses in the construction area.
Council Member Hitchcock pointed out that staff's recommendation creates a savings in
time and material costs.
Continued March 21, 2001
MOTION 1 VOTE:
Mayor Nakanishi made a motion to approve the plans and specifications and the
Improvement Agreement for the Elm Street Reconstruction Project and to direct the City
Manager to seek bids for the project. The motion failed for lack of a second.
Further, the City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second,
unanimously approved the plans and specifications for the Elm Street Reconstruction
Project, directed the City Manager and City Clerk to execute the Improvement Agreement
on behalf of the City, and appropriate funds for the cost of the improvements.
H-4 "Adopt Resolution supporting Assembly Bill 93 which would authorize the North San
Joaquin Water Conservation District to fix and collect a per -acre charge for water supply
operations"
Public Works Director Prima explained that the North San Joaquin Water Conservation
District has requested that the City support state legislation that would allow them to seek
an assessment on property within their district. The City has been supportive of the
District's efforts to bring in additional surface water to the north county and has provided
them $20,000 in funding annually for the past two years.
MOTION:
Council Member Hitchcock made a motion, Howard second, to adopt Resolution No.
2001-72 supporting Assembly Bill 93 which would authorize the North San Joaquin Water
Conservation District to fix and collect a per -acre charge for water supply operations.
DISCUSSION:
Council Member Pennino expressed concern that this action may appear to be a Council
recommendation to tax citizens $5 per acre.
City Attorney Hays explained that this legislation only provides the District with the
authority to have the taxing power; pursuant to the provisions of Proposition 218, they
must seek voter approval on whether or not the tax can be imposed.
Mayor Nakanishi reported that San Joaquin County lacks approximately 270,000 acre feet
of water. He supported the District's request and stated that Lodi's long-range plan
should be to obtain a surface water source. He added that this would be an investment in
the City's future; however, each voter would have to decide for themselves.
Mr. Hays suggested that the resolution be amended to add "...following an election held
pursuant to the provisions of Proposition 218 to fix and collect..."
VOTE:
The above motion was amended to adopt Resolution No. 2001-72 supporting Assembly
Bill 93 which would authorize the North San Joaquin Water Conservation District following
an election held pursuant to the provisions of Proposition 218 to fix and collect a per -acre
charge for water supply operations. The motion carried unanimously.
H-5 "Adopt resolution awarding the contract for the Lodi Station Parking Structure (base bid
plus alternates #1 and #2), 50 N. Sacramento Street, to F & H Construction ($6,724,000);
and appropriate $7,017,000 for the project"
Public Works Director Prima recommended award of the contract alternate that involves
removal of the old water main. The project includes putting in a new water main in
Sacramento Street from Pine to Elm Streets. He also recommended award of the
alternate that includes a piece of artwork along the east side of the structure on the wall
that faces the railroad tracks, for an additional $63,000. Staff recommends a contingency
of just under $300,000. He expressed confidence that cost savings measures internally
within the structure and fagade can be made so that the overall project remains within the
budget.
rol
Continued March 21, 2001
City Attorney Hays pointed out that there is a 30 -day public review period for the certified
environmental document that was approved by Council on February 21, 2001;
consequently the award of this project would be effective March 23, 2001.
PUBLIC COMMENTS:
• Chuck Easterling, 2301 Cabrillo Circle, Lodi, commented that he rode Amtrak from
Stockton to Fresno recently and noted that Lodi is included in their schedule for future
stops. He commended staff for the hard work they have done on this project.
MOTION 1 VOTE:
The City Council, on motion of Council Member Land, Pennino second, unanimously
adopted Resolution No. 2001-73 awarding the contract for the Lodi Station Parking
Structure, 50 N. Sacramento Street, effective March 23, 2001 to F & H Construction, of
Stockton, in the amount of $6,724,000 (base bid plus Alternates #1 and #2), and
appropriated funds in accordance with staff recommendation.
ORDINANCES
1-1 Ordinance No. 1700 entitled, "An Ordinance Of The Lodi City Council Amending The
Official District Map Of The City Of Lodi And Thereby Prezoning a 15.5 Acre Portion Of
The Property Located At 302 State Route Highway 12 (APN #058-030-01) From AU -20,
Agriculture Urban Reserve To CS, Commercial Shopping" having been introduced at a
regular meeting of the Lodi City Council held March 7, 2001 was brought up for passage
on motion of Mayor Pro Tempore Pennino, Hitchcock second. Second reading of the
ordinance was omitted after reading by title, and the ordinance was then adopted and
ordered to print by the following vote:
Ayes: Council Members — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
• Eileen St. Yves, 310 S. Orange Avenue, Lodi, identified herself as a property manager. In
reference to a recent article published in The Record newspaper, she asked the Mayor if he
was contemplating hiring a consultant to come up with ideas on how to clean up the blight on
the east side.
Mayor Nakanishi replied that he has been collecting information from residents of the east
side, as well as health officials and agencies, on how to improve conditions there. He denied
that he was considering hiring a consultant.
Ms. St. Yves claimed that the City has been talking about what to do with the east side for 25
years and has done nothing. She stated that the 1991 "ugly ordinance" needs to be updated
and enforced. She complained that the City has not responded to the calls she has made
regarding an unsecured refrigerator in a backyard. She reported that the San Joaquin County
Rental Property Association offered solutions to the problems on the east side, such as a
process of citations, where on the first offense, mandatory training would be given. She also
stated that the Association had CDBG dollars allocated for a brochure three years ago;
however, once they delivered the proposed brochure to the City, it was never responded to.
The copyright has now expired and cannot be used.
City Manager Flynn reported that a Spring Clean Up event is scheduled in May. Staff is
working with church groups to identify specific neighborhoods in which efforts will be made to
clean up areas and paint structures.
Community Development Director Bartlam added that staff is eliciting volunteers, church
groups, and service club organizations to adopt a block or larger area. He expressed
optimism in community involvement with improving the visual appearance of the east side.
Dangerous buildings and housing conditions are a priority for City staff.
7
Continued March 21, 2001
Mr. Flynn continued, noting that nearly the entire length of Stockton Street will be redone
including replacement of the water and sewer lines. Staff has been working with PG&E to
relocate the power lines on Cherokee Lane to improve the appearance. An $8 million project
is being considered for the area along Lockeford Street and the Kentucky Spur. The
proposed new Indoor Sports Facility is planned to be located on the east side. The City has
also hired a new Code Enforcement Officer.
Ms. St. Yves showed photos to the Council of properties that she felt looked fine from the
street, but the sides and backyards were unsightly.
Mr. Flynn stated that he would look into her complaint of the unsecured refrigerator and asked
Ms. St. Yves to meet with him.
Mayor Nakanishi asked the City Manager to get information out to the community about the
work the City has done on the east side. He also invited Ms. St. Yves to meet with him.
Council Member Hitchcock agreed that it is important to get the community involved,
particularly in addressing the visual appearance of the east side. She felt that the City should
include the addition of two more Code Enforcement Officers in the upcoming budget and
stated that the level of services to Lodi's citizens must be a priority.
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Hitchcock commented on the excellent behavior of the students and the
professional handling and support by LUSD staff during a three-hour lockdown at Morada
Middle School today.
• Mayor Pro Tempore Pennino noted that the recent newspaper article incorrectly reported that
the Mayor had formed a task force for the east side. In reference to the Child Safety Day
event that Council Member Howard has suggested, he pointed out that the Council has not
yet voted on the concept and further stated that staff should not be devoting a lot of time to its
development until it is approved by Council.
• Council Member Howard acknowledged the need for Council approval before a formal
announcement is made about the Child Safety Day event.
• Mayor Pro Tempore Pennino disagreed with Ms. St. Yves' comment that the City has not
made improvements to the east side. He commended staff for their work related to this area
and noted that more money has been spent on the east side than anywhere else in the
community.
• Mayor Nakanishi commended Mr. Bartlam for the Spring Clean Up event and Ms. Janet
Hamilton for her work related to the east side improvements.
• City Manager Flynn pointed out that the Mayor has been actively working on issues related to
health care for children from low-income families on the east side.
L. CLOSED SESSION
Mayor Nakanishi adjourned the City Council meeting at 9:40 p.m. to a Closed Session to discuss
the following matters:
L-1 Prospective acquisition of real property located at 22 E. Locust Street, Lodi, CA
(APN 043-082-02) and 17 E. Elm Street, Lodi, CA (APN 043-082-01); the negotiating
parties are City of Lodi and Weber, Herman and I TRS.; Government Code §54956.8
L-2 Prospective acquisition of real property located at 1575 E. Victor Road, Lodi, CA
(APN 049-040-07); the negotiating parties are City of Lodi and John Taylor Fertilizers Co.;
Government Code §54956.8
L-3 Prospective acquisition of real property located at 207 S. Sacramento Street, Lodi, CA
(APN 043-046-17); the negotiating parties are City of Lodi and William and Virginia
Maxwell TR.; Government Code §54956.8
8
Continued March 21, 2001
M. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at 10:50 p.m., and the following actions were disclosed.
In regard to L-1, City Attorney Hays announced that there was no reportable action taken.
In regard to L-2, City Attorney Hays announced that the City Council authorized staff to obtain an
appraisal of real property located at 1575 E. Victor Road (APN 049-040-07) and negotiate an
option to purchase. The vote was 5-0 in favor of authorizing the action.
In regard to L-3, City Attorney Hays announced that the City Council authorized staff to obtain an
appraisal for property located at 207 S. Sacramento Street (APN 043-046-17) and negotiate an
option to purchase at the appraised price at the conclusion of the term of the lease. The vote was
5-0 in favor of authorizing the action.
N. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:50 p.m.
ATTEST:
Susan J. Blackston
City Clerk