HomeMy WebLinkAboutMinutes - April 18, 2001LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 18, 2001
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of April 18, 2001 was called to order by Mayor
Nakanishi at 6:05 p.m.
Present: Council Members — Hitchcock, Howard, Pennino (arrived at 6:10 p.m.) and Mayor
Nakanishi
Absent: Council Members — Land
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Prospective acquisition of real property located at 302 E. Highway 12, Lodi, California,
APN 058-030-01; the negotiating parties are City of Lodi and Carolyn Reichmuth;
Government Code §54956.8
b) Prospective acquisition of real property located at 307 W. Elm Street, Lodi, California,
APN 037-270-17; the negotiating parties are City of Lodi and James E. & Carol A. Dean
TR.; Government Code §54956.8
C) Prospective acquisition of real property located at 22 E. Locust Street, Lodi, California,
APN 043-082-02, and 17 E. Elm Street, Lodi, California, APN 043-082-01; the negotiating
parties are City of Lodi and Weber, Herman & I TRS.; Government Code §54956.8
C-3 ADJOURN TO CLOSED SESSION
At 6:06 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters.
CA RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 6:45 p.m., Mayor Nakanishi reconvened the City Council meeting and City Attorney Hays
disclosed the following actions.
In regard to item C-2 a), it was reported that Mayor Pro Tempore Pennino made a motion,
Nakanishi second, to direct staff to make an offer regarding acquisition of property at 302 E.
Highway 12, Lodi (APN 058-030-01). The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
In regard to item C-2 b), there was no reportable action taken by the City Council.
In regard to item C-2 c), it was reported that Mayor Pro Tempore Pennino made a motion,
Nakanishi second, to direct staff to make an offer regarding acquisition of properties at 22 E.
Locust Street, Lodi (APN 043-082-02) and 17 E. Elm Street, Lodi (APN 043-082-01). The motion
carried by the following vote:
Ayes: Council Members — Howard, Pennino and Mayor Nakanishi
Noes: Council Members — Hitchcock
Absent: Council Members — Land
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of April 18, 2001 was called to order by Mayor Nakanishi at
7:00 p.m.
Present: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Absent: Council Members — Land
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
Continued April 18, 2001
B. INVOCATION
The invocation was given by Ken Owen with Christian Community Concerns.
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) Proclamations — None
D-3 (a) Theresa Yvonne, staff liaison to the Lodi Arts Commission, updated the City Council on
the accomplishments and activities of the Arts Commission (filed).
D-3 (b) Yuba Grant, member of the Greater Lodi Area Youth Commission, acknowledged the
Teen of the Month, Cormac Seely from Bear Creek High School.
D-3 (c) Sharon Tison and youth members of the Alpine -Victor 4-H Stitchery Group, presented
Police Lieutenant David Main and staff of the Lodi Animal Shelter with blankets, knitted
and crocheted by the group, in a humanitarian effort to provide extra warmth for the
felines housed at the Lodi Animal Shelter.
D-3 (d) Mark Chandler, Executive Director of the Lodi Woodbridge Winegrape Commission, and
Sharon Dais, Executive Director of the Lodi Conference and Visitors Center, made a
presentation to the City Council regarding the progress at the Discover Lodi! Wine and
Visitors Center. In addition, the Council was presented with a commemorative wine bottle
in recognition of the City's support and contribution to the Center's success. Mr. Chandler
invited everyone to the public grand opening to be held on April 28 and 29.
D-3 (e) Police Chief Jerry Adams and Police Volunteer Supervisor Jeanie Biskup introduced the
thirteen graduates of Class #12 of the Lodi Police Partners. Chief Adams also reported
that the recent Tip -a -Cop program generated $2,600 for Special Olympics. In response
to Council Member Hitchcock, Chief Adams acknowledged that he received a statewide
award from Crime Stoppers.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Pro Tempore Pennino, Howard second, approved the following items hereinafter set forth
except those otherwise noted. The motion carried by the vote shown below:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-1 Claims were approved in the amount of $8,754,024.80.
E-2 The minutes of March 5, 2001 (Special Town Hall Meeting), March 7, 2001 (Regular
Meeting), March 20, 2001 (Shirtsleeve Session), March 27, 2001 (Shirtsleeve Session),
and April 3, 2001 (Shirtsleeve Session) were approved as written.
E-3 Received for information only the report of the sale of scrap metal in the amount of
$6,557.70.
E-4 Approved the specifications for the following sizes and quantities of underground
electrical conductor and authorized advertising for bids:
25,000 feet each of #1/0 and #350 600 -volt underground triplex cable
• 20,000 feet each of #2 and #750 15kV XLPE concentric neutral primary conductor
• 45,000 feet of #2/0 15kV XLPE concentric neutral primary conductor
2
Continued April 18, 2001
E-5 Adopted Resolution No. 2001-88 1) approving specifications, 2) authorizing periodic
advertisement for bids, and 3) authorizing staff to award the purchases of power utility
duct and fittings as needed during 2001 for the Electric Utility Department (estimated
$82,000).
E-6 "Adopt resolution authorizing the use of Asset Seizure funds for the purchase of new
digital cellular phone equipment for the Lodi Police Department ($6,510)" was removed
from the Consent Calendar and discussed and acted upon under the Regular
Calendar.
E-7 Adopted Resolution No. 2001-89 authorizing the sole -source purchase of electric service
boxes and covers from Carson Industries, of La Verne, California, in the amount of
$10,608.64; and concrete vaults, covers, and sealant from Utility Vault Company, of
Pleasanton, California, in the amount of $8,734.15 for installation at various subdivisions
during 2001.
E-8 "Adopt resolution awarding contract for Asbestos Removal, Demolition, Clearing and
Grading as an Abatement Action at 220 E. Pine Street (APN 043-074-06) to Speelman
Excavation ($17,745), and appropriate funds for the project" was removed from the
Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-9 "Adopt resolution awarding emergency repair of Enze Pool to Applied Fiberglass
Systems, Rancho Cordova, in the amount of $31,961, and appropriate funds" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-10 Adopted Resolution No. 2001-90 awarding Lodi Lake Concession Operations for the
period of May 1, 2001 to December 31, 2003 to Bon Cuisine A La Carte with a return to
the City of 14% of gross sales from concession operations.
E-11 Adopted Resolution No. 2001-91 supporting the CALFED 2001 grant application for a
Lower Mokelumne River watershed education project focusing on educating students and
the public on storm drain dumping and other related issues.
E-12 "Authorize the City Manager to execute a lease agreement with BroadLink
Communications, Inc., for the purpose of installing a small equipment building on City
property and erecting antenna on the City's elevated water tank at 114 N. Main Street"
was removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-13 "Adopt resolution authorizing the City Manager to sign a consulting services agreement
with Borismetrics to provide professional services in the areas of power supply and rates
to the Electric Utility Department (not to exceed $95,000)" was removed from the
Consent Calendar and discussed and acted upon under the Regular Calendar.
E-14 "Adopt resolution to join with San Joaquin County in the creation of an Abandoned Vehicle
Abatement Service Authority' was removed from the Consent Calendar and
discussed and acted upon under the Regular Calendar.
E-15 Authorized the issuance of subpoenas in regard to the PCE/TCE Abatement Program
based upon the recommendation of the Contamination Advisory Committee
E-16 Set Public Hearing for May 2, 2001 to consider the Planning Commission's
recommendation of approval to the City Council for the rezoning of 255 E. Harney Lane
from C -S, Commercial Shopping to C-1, Neighborhood Commercial, and a
recommendation that the City Council certify the Negative Declaration ND -01-01 as
adequate environmental documentation for the project.
3
Continued April 18, 2001
E-17 Set Public Hearing for May 2, 2001 to consider the Planning Commission's
recommendation of approval to the City Council for a General Plan Amendment and
Prezoning for 1041 & 1171 E. Harney Lane; the General Plan Amendment is from PR,
Planned Residential to LDR, Low Density Residential and PQP, Public Quasi/Public, and
the Prezoning from San Joaquin County AU -20 to R-2, Single Family Residential and
PUB, Public; the request also includes a recommendation that the City Council certify
Negative Declaration ND -00-12 as adequate environmental documentation for the project;
and to initiate annexation of the properties into the City of Lodi
E-18 Set Public Hearing for May 16, 2001 for the Transit Division's Fiscal Year 2001 Program
of Projects.
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
The City Council, on motion of Mayor Pro Tempore Pennino, Nakanishi second, voted to consider
Item E-8 following the Consent Calendar rather than under the Regular Calendar. The motion
carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-8 "Adopt resolution awarding contract for Asbestos Removal, Demolition, Clearing and
Grading as an Abatement Action at 220 E. Pine Street (APN 043-074-06) to Speelman
Excavation ($17,745), and appropriate funds for the project"
PUBLIC COMMENTS:
• Chris Simpson, owner of 220 E. Pine Street, Lodi, stated that he only recently came
into full control and title of the property. He asked the Council not to move forward on
the demolition process, as he has received two purchase offers, as well as a third
offer to renovate the property.
• Greg Adams, Associate Realtor with SSB Realtors/GMAC Realtors, 2400 Eilers Lane,
Apt. 1902, Lodi, confirmed that two legitimate offers on the property have been
received and a third from Vincent Limas for renovations. He asked the Council to
delay this item for 30 days.
Community Development Director Bartlam reported that the City began the process to
abate the nuisance of the buildings on this property several months ago. It has been
posted in excess of one year and has been vacant for more than six months.
In reply to Mayor Nakanishi, Community Improvement Manager Joseph Wood,
reported that a 30 -day extension would require the City to rebid the demolition project.
In response to Mayor Pro Tempore Pennino, City Attorney Hays explained that the
City has followed due process to arrive at this point. The property owners have had
an opportunity to address the problems and they have chosen not to. He advised that
the Council is within its right to move forward with the demolition if they wish to.
• Vincent Limas, of Limas Group and Rescom Building Works in Stockton, 302 Gene
Avenue, Stockton, stated that he had inquired about this property only three days ago.
His offer to renovate the property will be complete by 10:00 a.m. tomorrow. He asked
the Council to delay this item.
Mayor Nakanishi spoke in support of delaying action on this item to allow an opportunity
for restoration of the property.
4
Continued April 18, 2001
In reply to Mayor Pro Tempore Pennino, Mr. Wood reported that the property consists of
three residential structures. There is one small studio that originally was a barbershop, a
two-story apartment building with eight units, and a single-family dwelling that fronts on
Washington Street.
Mayor Pro Tempore Pennino pointed out that this property has a long history of problems
and was at one time reported as having the highest number of calls for police service of
any property in Lodi. He asked staff what could be built in its place if the property was
torn down.
Mr. Wood stated that the current zoning for the property is C-2, which allows for most
commercial and residential development.
Mr. Bartlam noted that if a residential structure were built it could have a maximum of four
units, as opposed to the ten that are on the site at this time.
Council Member Howard stated that she supports private business and would favor
tabling this matter for 30 days.
Council Member Hitchcock recalled that 15 years ago she took students from her class to
offer Christmas gifts to a family living in the facility. She found the conditions to be
deplorable and expressed anger that the property owner is coming forward at this late
date after allowing the conditions of the property to deteriorate for such a lengthy period of
time. Ms. Hitchcock supported moving forward with the demolition.
Discussion ensued regarding delaying action until the first regularly scheduled meeting in
May, to which Council Members Hitchcock, Howard, and Mayor Pro Tempore Pennino
expressed agreement.
Mr. Wood pointed out that weeds on the property are two to three feet high and present a
fire hazard. He suggested that if this item is delayed, a commitment should be made by
the property owner to address the problem.
Eileen St. Yves, 310 S. Orange Avenue, Lodi, commented that Mr. Limas belongs to
the Rental Property Association. She acknowledged that this property has been
vacant and uncared for a great length of time, but pointed out that Lincoln School has
also. Ms. Yves stated that she has witnessed good pieces of property torn down in
Lodi for the purposes of building apartments. She urged the Council to allow an
opportunity for renovations of the property. In reference to the number of people that
can live in a four -unit building, Ms. St. Yves reported that the Federal government
removed the occupancy standard from the regulations. Cities now use what is
specified in the Uniform Housing Code, which addresses the number persons allowed
per square feet.
In reply to Mayor Pro Tempore Pennino, Mr. Simpson agreed to abate the weeds on the
property.
MOTION:
The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second, voted to
continue this item to the first regularly scheduled City Council meeting in May with the
stipulation that the property owner complete the necessary weed abatement on the
property prior to the next Council meeting. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
Continued April 18, 2001
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
• Ken Owens, Christian Community Concerns, announced that the National Day of Prayer is
May 3. He stated that prayer has been a significant part of American society from the
founding of the country and invited everyone to attend this event to support civic leaders, the
state, and the nation. He added that a committee headed by Ivan Suess, and joined by
Council Member Howard, is coordinating the Leadership Prayer Breakfast on May 31.
G. PUBLIC HEARINGS
G-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 Nakanishi called for the Public Hearing to
adopt resolution accepting the Tecklenburg/Beckman Reorganization (LAFC 05-00)
proposal to annex approximately 27 net acres to the City of Lodi with concurrent
detachments from the Woodbridge Rural County Fire Protection District, Northern San
Joaquin County Water Conservation District and Road District No. 4.
Community Development Director Bartlam reported that this property was first considered
by Council in late 1999 and was approved by the Local Agency Formation Commission
just over a year ago. The property is within the City's industrial eastside and is anticipated
to be developed in the near future.
In response to Council Member Hitchcock, Mr. Bartlam explained that the property is
designated as Unclassified Holding. For industrial development to occur a zoning change
would have to be approved by Council, which allows for control over the property and
ultimately the adjacent property as well. Mr. Bartlam reported that this is in anticipation of
the City's new Zoning Code being completed. A new business park zone is being created
that will have its own set of land use standards and permitted uses.
Hearina Opened to the Public
None.
Public Portion of Hearina Closed
MOTION /VOTE:
The City Council, on motion of Council Member Hitchcock, Howard second, adopted
Resolution No. 2001-92 entitled, "A Resolution of the Lodi City Council Ordering Territory
Designated as Tecklenburg/Beckman Annexation/Reorganization (LAFCO 05-00)
Annexed to the City of Lodi." The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
G-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 Nakanishi called for the Public Hearing to
consider adopting resolution updating Development Impact Fees for Water, Wastewater
Collection, Storm Drainage, Streets, Police, Fire, Parks and Recreation, and General City
Facilities; and to consider amendments to Title 15, Section 64 of the Lodi Municipal Code.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Pennino, Nakanishi second, canceled
the above Public Hearing to be renoticed to an appropriate time. The motion carried by
the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
1.1
Continued Apri118, 2001
G-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 Nakanishi called for the Public Hearing to
consider introduction of ordinance for the implementation of an Electric Market Cost
Adjustment Policy and Mechanism.
NOTE: Due to a potential conflict of interest, Mayor Pro Tempore Pennino abstained
from discussion and voting on this matter.
RECESS
At 8:10 p.m., Mayor Nakanishi called for a recess and the City Council meeting reconvened at
8:20 p.m.
G. PUBLIC HEARINGS (Continued)
G-3 Council Member Hitchcock asked the City Attorney to explain whether regulations require
stating the reason for abstention from voting.
City Attorney Hays stated that he believed Mayor Pro Tempore Pennino felt it was clear
that the community knows he works for PG&E and he often abstains from discussion and
voting on issues related to Electric Utility. Mr. Hays acknowledged that abstentions from
voting should be prefaced by stating the reason why.
Electric Utility Director Vallow reported that there has been volatility in the power markets
for approximately one year, with a collapse of the wholesale markets. PG&E is currently
in bankruptcy proceedings and Southern California Edison may soon be as well. Due to
the unusual behavior of the market, Lodi Electric Utility secured a power contract for the
remainder of the year. This action took Electric Utility off the power market; however, it
was very expensive at a cost of $150 a megawatt hour, totaling $10 million. Electric Utility
has a legal obligation under the covenants for various bonds to ensure that enough
money is collected through rates to cover their costs. It is now necessary to recover the
extra expense of the one-year power contract. The Electric Market Cost Adjustment
Policy and Mechanism ordinance must be reconsidered by the Council no more frequently
than quarterly, or less frequently than semi-annually. Mr. Vallow stated that Boris Prokop
prepared the market cost adjustment information. At the conclusion of the Cost of
Service study, consideration will be made of a permanent rate structure to reflect market
changes in gas and electric commodities. Mr. Vallow stated that a final mechanism put in
place will not only be a surcharge, it is also expected to be a credit. He explained that
when markets are up ratepayers will pay more, and when the market is down they will pay
less. Lifeline and low-income customers are exempt from the rate increase. Increases
will be made on a per kilowatt-hour basis, not on a percentage of the bill.
Mr. Vallow defined class EA as the normal residential electric customer, and EE as an
all -electric customer. For residential customers there will be a rate increase of 10% for
0-300 kilowatt hours; a 15% increase for 300-600 kilowatt hours; and a 22% increase for
over 600 -kilowatt hours. Class G-1 represents small commercial and G-2 are large
restaurants, grocery stores, etc. G-1 customers will have rate increases of 15% and G-2
customers will have an increase of 22% on energy, translated to an 8% increase on their
bills. Mr. Vallow explained that for larger customers there is an energy component and a
demand component. G-3, 4, 5 and 1-1 customers will not have rate increases. The rate
increases identified in the ordinance are structured to recover $5 million over one year.
Mr. Vallow stated that if customers reduce their electrical usage by 10% they will not see
an increase on their bills, compared to the previous year. An energy fair is planned for
June 2 at the Grape Festival grounds to educate citizens about Electric Utility's energy
efficiency programs, how to weatherize their homes, and how they can easily reduce their
electrical usage by 10%.
In response to Council Member Howard, Mr. Vallow emphasized the importance of
retaining an incentive program for smaller businesses to expand and new businesses to
move to Lodi. He noted that the G-1 and G-2 customers are small in number and their
participation in the incentive program has little financial impact.
7
Continued April 18, 2001
Council Member Hitchcock asked whether the City should be looking at developing more
power sources.
Mr. Vallow reported that discussions are currently taking place with 13 counter parties,
and three to four potential sites have been identified.
In reference to PG&E's bankruptcy, Mr. Vallow stated that it could potentially have a
negative impact of $2 to $3 million on the City of Lodi this year.
In summary, Mr. Vallow stated that the Electric Market Cost Adjustment Policy and
Mechanism is designed to be temporary. Staff will provide the Council with a status
report no later than October.
Hearing Opened to the Public
None.
Public Portion of Hearina Closed
iCCHILOL1LTl611 1114
The City Council, on motion of Council Member Hitchcock, Howard second, introduced
Ordinance No. 1701 entitled, "An Ordinance Of The Lodi City Council Amending Chapter
13.20 Electrical Service, Article III. Rates By Adding Section 13.20.175 — Schedule MCA —
Market Cost Adjustment". The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
Abstain: Council Members — Pennino
H. COMMUNICATIONS
H-1 On recommendation of the City's contract administrator, Insurance Consulting
Associates, Inc. (ICA), and Human Resources staff, the City Council, on motion of Mayor
Pro Tempore Pennino, Howard second, rejected the following claims. The motion carried
by the vote shown below:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
a)
Virginia Bird, date of loss 07/07/00
b)
R.L. Yacopetti, date of loss 12/18/00
c)
Temple Baptist Church, date of loss 01/05/01
d)
Dorothy Wood, date of loss 06/25/00
e)
Thomas Farnsworth, date of loss 06/25/00
f)
Josie Okamoto, date of loss 02/01/01
g)
Pauline Meyer, date of loss 09/01/99
h)
Kucich Ltd.,/Vintage Square, date of loss 10/26/00
i)
Virginia Nelson, date of loss 09/18/00
j)
Ron Galasi, date of loss 12/20/00
H-2 The
following report was presented to the City Council:
a)
Planning Commission report of March 28, 2001
8
Continued April 18, 2001
H-3 The following postings/appointments were made:
a) The City Council, on motion of Mayor Pro Tempore Pennino, Howard second,
directed the City Clerk to post for the following expiring terms/vacancies. The
motion carried by the vote shown below:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
Lodi Arts Commission
Laura Heinitz
Term to expire July 1, 2001
Robin Knowlton
Term to expire July 1, 2001
East Side Improvement Committee
Joseph Spinelli
Term expired March 1, 2001
Mickey Woodward
Term expired March 1, 2001
Greater Lodi Area Youth Commission
Sweta Patel
Term to expire August 30, 2001
Ashkon Shaahinfar
Term to expire August 30, 2001
Matthew Johnston
Term to expire August 30, 2001
Jeffrey Jauregui
Term to expire August 30, 2001
Ashleigh Krueger
Term to expire August 30, 2002
Julia Rough
Term to expire August 30, 2002
Alisha Thawley
Term to expire August 30, 2002
Library Board
Carol Farron
Term to expire June 30, 2001
Thomas R. Goad, Sr.
Term to expire June 30, 2001
Planning Commission
Tim Mattheis
Term to expire June 30, 2001
W. John Schmidt
Term to expire June 30, 2001
San Joaauin Vallev Unfired
Air Pollution Control District
Wade Broughton Term expired February 4, 2001
b) The City Council, on motion of Council Member Hitchcock, Pennino second,
made the following appointment to the Lodi Swimming Pool Task Force. The
motion carried by the vote shown below:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
Lodi Swimming Pool Task Force
Victor Schuh Unspecified term
0
Continued April 18, 2001
C) The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second,
made the following Council representative appointments. The motion carried by
the vote shown below:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
Local Agency Formation Commission (LAFCO)
Keith Land, Regular Member Term to expire May 1, 2005
Community Development Block Grant (CDBG) Program
Alan Nakanishi Unspecified term
Greater Lodi Area Youth Commission
Emily Howard Unspecified term
H-4 Miscellaneous — None
REGULAR CALENDAR
I-1 "Approve revised Survey Area for Redevelopment Project No. 1"
Community Development Director Bartlam reported that in February 2000 the Council
approved the survey area for the purposes of establishing Area 1 for the Redevelopment
Agency. Based on the survey area, staff has been following the complex process of
establishing the project area and redevelopment plan. At the Planning Commission's
March 28 meeting they suggested that an area comprised of properties that front Lodi
Avenue be considered for inclusion in the project area. Staff feels that the area would
meet the definition as required by the redevelopment law and recommend that the survey
area be amended accordingly.
Mayor Pro Tempore Pennino asked whether the county has been apprised of this revision
suggestion.
Mr. Bartlam indicated that he has had some discussions with the county about this
subject. He felt that the county would not oppose the revision, in part, because of the
PCE/TCE contamination, which is underneath the central Lodi area.
In reply to Council Member Hitchcock, Mr. Bartlam stated that the public participation
process will begin this summer.
MOTION/ VOTE:
The City Council, on motion of Council Member Hitchcock, Nakanishi second, adopted
Resolution No. 2001-93 approving the revised Survey Area Boundaries for
Redevelopment Project No. 1. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-6 "Adopt resolution authorizing the use of Asset Seizure funds for the purchase of new
digital cellular phone equipment for the Lodi Police Department ($6,510)"
In response to Council Member Hitchcock, Police Chief Adams reported that hands-free
phone kits have been installed in patrol cars. Samsung 850 phones were issued to police
detectives because of the vibration feature, which is a desired option when they are
talking to citizens and conducting interviews. It is necessary to obtain Council approval
prior to spending asset seizure funds.
10
Continued April 18, 2001
MOTION:
The City Council, on motion of Council Member Hitchcock, Pennino second, adopted
Resolution No. 2001-94 authorizing the Lodi Police Department to purchase new digital
Samsung cellular telephone equipment in the amount of $6,510 from the Federal Asset
Seizure Account. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-9 "Adopt resolution awarding emergency repair of Enze Pool to Applied Fiberglass
Systems, Rancho Cordova, in the amount of $31,961, and appropriate funds"
In reply to Council Member Hitchcock, Parks and Recreation Director Baltz acknowledged
that the damage done to the pool was due to a faulty return water line, which has since
been corrected. He noted that the swim season begins in five weeks.
MOTION:
The City Council, on motion of Council Member Hitchcock, Howard second, adopted
Resolution No. 2001-95 awarding emergency repair work of Enze Pool to Applied
Fiberglass Systems, of Rancho Cordova, California, in the amount of $31,961.00, and
appropriated funds for the project. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-12 "Authorize the City Manager to execute a lease agreement with Broadl-ink
Communications, Inc., for the purpose of installing a small equipment building on City
property and erecting antenna on the City's elevated water tank at 114 N. Main Street"
Council Member Howard pointed out that the antenna will not be a tall vertical spike as
many might have expected, but rather, it is quite small and inconspicuous.
Mayor Nakanishi recalled that a young citizen had recently inquired about the feasibility of
painting "Lodi" on the water tower and he asked Mr. Prima for an update.
Public Works Director Prima reported that when the water tank was built in 1985
discussion took place about placing the City's logo on the tank; however, it was deemed
too expensive at a cost of $25,000, plus the ongoing maintenance of repainting it to retain
the aesthetic quality.
MOTION:
The City Council, on motion of Mayor Pro Tempore Pennino, Howard second, authorized
the City Manager to execute a lease agreement with Broadl-ink Communications, Inc., for
the purpose of installing a small equipment building on City property and erecting antenna
on the City's elevated water tank. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
E-13 "Adopt resolution authorizing the City Manager to sign a consulting services agreement
with Borismetrics to provide professional services in the areas of power supply and rates
to the Electric Utility Department (not to exceed $95,000)"
Electric Utility Director Vallow reported that Rates and Resources Section employees
Jack Stone and Jim Doyle recently retired. Boris Prokop was hired under temporary
authority to fill in for the vacancies created by these retirements and has been working for
Electric Utility for over a month. Mr. Prokop previously worked for EES, but has since left
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Continued April 18, 2001
to form his own consulting firm Borismetrics. Mr. Prokop continues to assist EES with the
Cost of Service study that is currently underway. Johnson and Associates is in the
process of conducting an organizational study, which when completed will identify what
should be done in the Rates and Resources Section.
City Manager Flynn clarified that due to the retirements of two rate analysts, the expertise
of Mr. Prokop is needed to follow up on the Cost of Service study once it is completed.
Mr. Vallow stated that they would like Mr. Prokop to work Tuesdays, Wednesdays, and
Thursdays of each week.
Council Member Hitchcock pointed out that the Council was given very little background
information on this subject and was not provided a copy of the contract. She asked
whether the item could be delayed until Council had an opportunity to review pertinent
information.
Mr. Vallow indicated that their temporary authority is limited to $5,000 and if the item is
delayed they will not be able to continue to pay Mr. Prokop. Upon further questioning,
Mr. Vallow stated that $95,000 represents the value of a rate analyst for one year. He
noted that Mr. Prokop has other engagements due to his new business, and Mr. Vallow is
attempting to capitalize on a core of his time. Recommendations for filling the vacancies
will be made once Johnson and Associates concludes its organizational study in mid to
late summer.
Mayor Pro Tempore Pennino agreed that a request for $95,000 without any detail
presents a concern and he suggested that a month-to-month approval would be more
appropriate under the circumstances.
Mr. Vallow warned that Mr. Prokop has three other cities that he is working with. The
consulting services agreement is meant to create some certainty that he will devote an
agreed-upon amount of time with Electric Utility. He added that consultants are currently
in short supply and high demand.
City Manager Flynn reiterated that there is currently a high demand for rate analysts and
recruiting to fill the vacancies would prove difficult. He acknowledged that the Council
should have been provided more information and stated that a copy of the contract would
be forwarded to them.
Mr. Vallow stated that the rate agreed to with Mr. Prokop was less than his normal hourly
rate because they could offer him a substantial amount of time. He indicated that
Mr. Prokop would be paid $120 per hour plus expenses and the agreement would carry
them through for the next six to eight months.
AZOMIGI-in,
The City Council, on motion of Council Member Hitchcock, Howard second, adopted
Resolution No. 2001-96 authorizing the City Manager to sign a consulting services
agreement for professional services with Borismetrics to provide professional services in
the areas of power supply and rates to the Electric Utility Department up to a maximum of
$95,000. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — Land
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Continued April 18, 2001
E-14 "Adopt resolution to join with San Joaquin County in the creation of an Abandoned Vehicle
Abatement Service Authority'
City Manager Flynn noted that the Council packet did not include a copy of the letter from
Stockton Mayor Podesto asking Lodi to join other cities in the county in adopting the
Abandoned Vehicle Abatement Service Authority.
Mayor Pro Tempore Pennino expressed concern about the dollar fee per car registration.
He pointed out that the staff report indicates the City tows only 20 vehicles per year and if
one dollar per vehicle were collected it would amount to approximately $40,000.
Community Improvement Manager Joseph Wood clarified that the number of 20 vehicles
in the staff report was only referring to Code Enforcement and did not include the vehicle
abatement done by the Police Department, which is much higher. He explained that
Code Enforcement has a fee schedule, which allows them to charge a $100 towing fee to
the property owner, unless they can show proof that they had no knowledge that the
vehicle was there. Currently the City is not charged for towing vehicles; however, with the
declining scrap metal prices, soon jurisdictions will have to start paying the tow
companies.
Mayor Pro Tempore Pennino stated that the City continues to pay annually for call boxes,
which have already been installed, and asked if staff has looked into shifting those funds
over to the vehicle abatement area.
Public Works Director Prima responded that installation of call boxes may still be ongoing
in some areas.
Community Development Director Bartlam reported that the current number of registered
vehicles in the county is 434,600. Lodi represents 10% of the county's population and
would receive approximately $28,000 to $30,000 if they participated in the Vehicle
Abatement Service Authority.
Mayor Pro Tempore Pennino suggested using Community Development Block Grant
(CDBG) funds for towing vehicles in blighted areas.
Mr. Bartlam replied that from an administrative standpoint this would not be the best use
of CDBG money due to the higher degree of paperwork that is involved.
MOTION:
The City Council, on motion of Council Member Howard, Hitchcock second, adopted
Resolution No. 2001-97 authorizing the City to join with San Joaquin County in the
creation of an Abandoned Vehicle Abatement Service Authority to participate with the
County in the development of a Joint Powers Agreement. The motion carried by the
following vote:
Ayes: Council Members — Hitchcock, Howard and Mayor Nakanishi
Noes: Council Members — Pennino
Absent: Council Members — Land
J. ORDINANCES
None
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Hitchcock thanked the Arts Commission for the recent dinner and
presentation they gave to the Council. In addition, she inquired about the unfinished section
of Lower Sacramento Road between Vine Street and Taylor Road.
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Continued April 18, 2001
Public Works Director Prima reported that to complete the improvements in that area would
require a substantial increase in cost and right-of-way. Reconsideration of the environmental
clearance would also have to be done. He noted that a full curb will be installed at Vine Street
with a transition for buses. There will be an asphalt curb, narrow shoulder and all four travel
lanes. He also pointed out that the Reiswig property is 10 acres, which will likely be
developed at some point, at which time the developers would pay for the improvements.
Council Member Hitchcock stated that it is in the best interest of the citizens of Lodi to have
the road improved along the entire length and asked that the matter be placed on the next
agenda for consideration.
City Manager Flynn commented that staff works under the assumption that Council does not
favor condemnation and eminent domain procedures.
• Mayor Pro Tempore Pennino stated that he attended the San Joaquin Business Council and
Partnership Breakfast today and George Badway who recently opened Eddies Pizza Caf6 on
Kettleman Lane had many positive comments about the staff of Public Works and Community
Development.
• Mayor Nakanishi stated that power conservation will become increasingly more important in
the coming months and asked that a conservation program proclamation from the City
Council be prepared in the near future.
COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
• City Manager Flynn stated that PG&E is an outstanding utility that supports the City of Lodi by
providing gas, and many of their current difficulties are the result of the Public Utility
Commission. He felt that PG&E has always tried to do what is right for its customers and
support should be shown toward utilities.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:13 p.m.
ATTEST:
Susan J. Blackston
City Clerk
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