HomeMy WebLinkAboutMinutes - May 16, 2001LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 16, 2001
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of May 16, 2001 was called to order by Mayor
Nakanishi at 6:09 p.m.
Present: Council Members — Hitchcock (arrived at 6:15 p.m.), Howard, Land, Pennino and Mayor
Nakanishi
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Potential and actual litigation; Government Code §§54956.9(a) and 54956.9(b);
conference with City Attorney regarding ongoing and potential future PCE/TCE litigation
C-3 ADJOURN TO CLOSED SESSION
At 6:10 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matter.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:05 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Hays
disclosed that there was no reportable action taken in Closed Session.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of May 16, 2001 was called to order by Mayor Nakanishi at
7:05 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 Natalie Reyes, representative of the Baha'i.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Nakanishi.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 (a) Police Chief Jerry Adams presented the following 2001 Police Awards:
• Officer of the Year — Robert Paine
• Police Employee of the Year — Davanna Schmiedt
• Volunteer of the Year — Fran Reilly
• Meritorious Service Award — Steve Carillo (accepted by Judy Porteous)
• Citizen's Service Award — Nick Nunez
• Citizen's Commendation — Dr. Buck Harris
• Life Saving Citations — Chris Jacobson (accepted by Judy Porteous), Eric Bradley,
Bonnie Garcia, and Steve Price (accepted by Lt. Chet Somera)
• Chief's Award — Chuck Harman
Continued May 16, 2001
Keith Cobb, Parole Agent with the California Youth Authority, on behalf of the Northern
Parole Victim Coordinators, presented an award to Officer David Griffin who had been
injured in the line of duty.
D-2 (a) Mayor Nakanishi presented a proclamation to Public Works Director Richard Prima
proclaiming the week of May 20 — 26, 2001 as "National Public Works Week" in the City
of Lodi.
D-3 (a) Parks and Recreation Director Baltz announced that more than 1,000 elementary
students in the Lodi Unified School District will be treated to a baseball game and a drug
awareness program at the "Here's Looking at You 2001" game scheduled for June 13 at
Zupo Field. Brian Goldwater and mascot Casey of the Mudville Nine professional
baseball club were also present.
D-3 (b) Matthew Johnston, member of the Greater Lodi Area Youth Commission, acknowledged
the Teen of the Month, Chad Hixson from Liberty High School.
D-3 (d) Assistant Water/Wastewater Superintendent Frank Beeler and Water Conservation
Coordinator Dan Straight made a presentation to the City Council regarding Water
Awareness Month.
D-3 (e) Senior Electric Utility Rate Analyst Sondra Huff informed the City Council about the
upcoming Lodi Energy Fair, which is scheduled for June 2, 2001, from 8:00 a.m. to
3:00 p.m., at the Lodi Grape Festival Grounds.
D-3 (c) Management Analyst Janet Hamilton shared with Council a 10 -minute video regarding the
Lodi Storm System and Mokelumne River Citizen Monitoring Project and acknowledged
the many participants of the project. Mayor Nakanishi presented a Certificate of
Recognition to Kathy Grant, Coordinator of the "Storm Drain Detective" project.
COMMENTS BY THE PUBLIC ON CONSENT CALENDAR ITEMS
• John Johnson, Lodi Sports Foundation, P.O. Box 608, Lodi, speaking in reference to agenda
item E-16, stated that the Foundation supports the City entering into the agreement with the
National Guard for use of the Armory. The Foundation has committed $4,500 to refinish the
floor and has purchased 12 portable baskets that could be used at the Armory for basketball
games.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Pro Tempore Pennino, Howard second, unanimously approved the following items
hereinafter set forth except those otherwise noted:
E-1 Claims were approved in the amount of $3,032,160.03.
E-2 The minutes of April 4, 2001 (Regular Meeting), April 18, 2001 (Regular Meeting), and
May 3, 2001 (Joint Meeting w/Greater Lodi Area Youth Commission) were approved as
written.
E-3 Approved the specifications for Thermal Imaging Camera and authorized advertising for
bids.
E-4 Adopted Resolution No. 2001-106 authorizing the purchase of one twelve -yard dump
truck for the Street Division of the Public Works Department from Delta Truck Center, of
French Camp, CA, in the amount of $124,280.61.
E-5 "Adopt resolution authorizing the City Manager to purchase a sole -source Sauber Wire
Puller Model 1570-13 ($36,800.00)" was removed from the Consent Calendar and
discussed and acted upon prior to the Regular Calendar.
2
Continued May 16, 2001
E-6 Adopted Resolution No. 2001-107 adding Dell as an authorized manufacturer of network
servers for the City's wide area network, and further authorizing the purchase of a Dell
server for Fleet Services' Fleet Anywhere system in the amount of $9,546.00.
E-7 Adopted Resolution No. 2001-108 awarding the bid for the purchase of 15kV XLPE
concentric neutral primary underground conductor to the low bidders in each size
category, as follows:
20,000 feet #2 Pirelli Cables & Systems, Colusa, CA $ 16,017.50
45,000 feet #210 Pirelli Cables & Systems, Colusa, CA $ 44,698.50
20,000 feet #750 Nexans Energy USA, Warrenton, VA $ 61.630.83
$122,346.83
E-8 Accepted the improvements under the Streetlight Completion Project — Phase I contract
and directed the Electric Utility Director to file a notice of completion with the County
Recorder's office.
E-9 Accepted the improvements under the "Elm Street Parking Lot Project, 11, 15, and 17
West Elm Street' contract and directed the City Engineer to file a Notice of Completion
with the County Recorder's office.
E-10 Adopted Resolution No. 2001-109 accepting the development improvements for Lodi
West, Unit No. 7, Tract No. 2964.
E-11 Adopted Resolution No. 2001-110 accepting the development improvements for the
Improvement Agreement for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract
No. 2850.
E-12 Approved the Improvement Agreement for the public improvements of 770 N. Guild
Avenue, directed the City Manager and City Clerk to execute the agreement on behalf of
the City, and appropriated funds for the required reimbursements.
E-13 Adopted Resolution No. 2001-111 authorizing the lease of a modular office unit and a
modular restroom unit for the Municipal Service Center of the Public Works Department
from Mobile Modular Management Corporation, of Livermore, California, in the amount of
$47,510; and appropriated funds to cover the leases.
E-14 Adopted Resolution No. 2001-112 approving extension of the existing landscape
maintenance contract for July 1, 2001, through December 31, 2001, with Odyssey
Landscape Company, Inc., of Stockton, in the amount of $50,450.00.
E-15 "Adopt resolution approving an agreement between the City of Lodi and Spare Time Inc.,
dba Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club facilities for the
period of June 4, 2001 to July 27, 2001" was removed from the Consent Calendar and
discussed and acted upon following the approval of the Consent Calendar.
E-16 "Adopt resolution approving an agreement between the City of Lodi and the California
Military Department for use of the National Guard Armory Building located at 333 N.
Washington Street, Lodi, for a period of one year and authorize stated repairs" was
removed from the Consent Calendar and discussed and acted upon following the
approval of the Consent Calendar.
E-17 "Adopt resolution reallocating $10,000 in Community Development Block Grant (CDBG)
funds from the 2000-01 Salvation Army Project allocation to the 2000-01 Hutchins Street
Square Playground Americans with Disabilities Act (ADA) Retrofit Project" was removed
from the Consent Calendar and discussed and acted upon prior to the Regular
Calendar.
3
Continued May 16, 2001
E-18 "Adopt resolution authorizing the City Manager to provide funding in the amount of
$125,000 to fund the Public Benefits Program Grant — Lodi Appliance Rebate Program"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-19 Adopted Resolution No. 2001-113 authorizing the City Manager to provide funding in the
amount of $10,750 to fund the Public Benefits Program Grant — Electric Vehicle Charging
Station, located at the City of Lodi Municipal Service Center (adjacent to the Electric Utility
administration offices).
E-20 Authorized the issuance of subpoenas based upon the recommendation of the
Contamination Advisory Committee.
E-21 Set Public Hearing for June 6, 2001 to consider an appeal from Wayne Ogren regarding
Notice and Order to Repair and Notice and Order to Vacate issued for property located at
225 N. Rush Street, Lodi.
E-22 Set Public Hearing for June 6, 2001 to consider the request of the Community
Development Department for 1a) the Land Use General Plan Amendment changing the
designation from PQP, Public Quasi/Public to LDR, Low Density Residential for the
Century Meadows 4 Subdivision (parkland portion); 1b) a Rezoning from PUB, Public to
R-2, Single Family for the Century Meadows 4 Subdivision (parkland portion); 2a) the
Land Use General Plan Amendment changing the designation from LDR, Low Density
Residential to PQP, Public Quasi/Public for the Bridgetown Subdivision (parkland portion);
and 2b) a Rezoning from R-1, Single Family to PUB, Public for the Bridgetown
Subdivision (parkland portion)
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-15 "Adopt resolution approving an agreement between the City of Lodi and Spare Time Inc.,
dba Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club facilities for the
period of June 4, 2001 to July 27, 2001"
PUBLIC COMMENTS:
• Sue Camper, 2650 Bayberry Drive, Lodi, reported that 700 children have signed up
for summer league swim teams this year, which begin in two weeks. This is the
largest number since the 1970s. Ms. Camper disagreed with the perception that
members of Twin Arbor will have an "elite" swim team.
Council Member Land expressed thanks to Twin Arbor Athletic Club for offering the use
of its swimming pool at no cost to the City.
Council Member Hitchcock noted that Twin Arbor has a semi -private swim group and
expressed hope that all summer league swim teams would have an equal advantage.
MOTION / VOTE:
The City Council, on motion of Council Member Howard, Land second, unanimously
adopted Resolution No. 2001-114 approving an agreement between the City of Lodi and
Spare Time, Inc., dba Twin Arbor Athletic Club, for use of Twin Arbor Athletic Club pool
facilities by the summer swim league for period of June 4, 2001 to July 27, 2001.
E-16 "Adopt resolution approving an agreement between the City of Lodi and the California
Military Department for use of the National Guard Armory Building located at 333 N.
Washington Street, Lodi, for a period of one year and authorize stated repairs"
Council Member Hitchcock expressed apprehension in expending $85,000 to improve the
facilities at the National Guard Armory prior to having the contract in place.
4
Continued May 16, 2001
City Manager Flynn pointed out that it would be one year before the contract is completed.
Council Member Land read from page one, item 2 on the agreement, which states in part,
"the California Military Department intends to negotiate and enter into a five-year lease of
the property with the City of Lodi for this property within one year." He noted that it is not
uncommon for rules and regulations in the military to take a lengthy period of time. He
spoke in support of negotiating the lease and emphasized the urgent need for more
sports facilities in the community.
Mr. Flynn expressed confidence that the California Military Department would abide by its
commitment for a five-year lease.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Pennino second, adoptedi
Resolution No. 2001-115 approved an agreement between the City of Lodi and the
California Military Department for use of the National Guard Armory Building located at
333 N. Washington Street, Lodi, for a period of one year and authorized stated repairs.
The motion carried by the following vote:
Ayes: Council Members —Howard, Land, Pen nino, and Mayor Nakanishi
Noes: Council Members — Hitchcock
Absent: Council Members — None
E-18 "Adopt resolution authorizing the City Manager to provide funding in the amount of
$125,000 to fund the Public Benefits Program Grant — Lodi Appliance Rebate Program"
Sondra Huff, Senior Electric Utility Rate Analyst, reported that the Lodi Appliance Rebate
Program is one of the most popular and wide -reaching Public Benefits Programs. It
allows for a $100 rebate on refrigerators, front -loading clothes washers, dishwashers,
manual defrost freezers, and single -room air conditioners. Each customer is eligible for
up to $500 in rebates, which are offered through the local businesses of: Anderson
Maytag, Ben's Appliance, Filco, Kundert and Bauer, Les Appliance, Reo's Appliance, and
Wal-Mart.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Nakanishi second,
unanimously adopted Resolution No. 2001-116 authorizing the City Manager to provide
funding in the amount of $125,000 to fund the Public Benefits Program Grant — Lodi
Appliance Rebate Program, a component of the City of Lodi Public Benefits Program.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
• None.
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 continued Public
Hearing 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.
5
Continued May 16, 2001
Community Development Director Bartlam reminded Council that this item had been
continued from the regular meeting two weeks ago. The Planning Commission
recommends approval for a General Plan amendment and prezoning on the two separate
parcels in anticipation of the properties being annexed into the City. The General Plan
amendment would place it from planned residential to both Public Quasi/Public in
anticipation of the acquisition of that property to Lodi Unified School District for an
elementary school, and Planned Residential to Low Density Residential for a subdivision.
Mr. Bartlam reported that Public zoning is what is used for all of the publicly -owned
facilities, whether it is school or City property. Council discussion at the meeting two
weeks ago focused on the issue of an R-2 zoning designation.
In response to Mayor Pro Tempore Pennino, Mr. Bartlam verified that R-2 designation
sets the minimum lot size and does not prevent the developer from putting in larger lot
sizes.
Council Member Howard acknowledged that she met with a representative of the
applicant for this project and invited him from the audience to share with Council his
information on proposed changes in lot sizes on the revised plan of the subdivision.
In reply to Council Member Hitchcock, Mr. Bartlam estimated a mid -60 range in the total
number of units possible under R-1 zoning, and a mid- to high -80s for R-2 zoning.
Hearing Opened to the Public
• Mamie Starr, Assistant Superintendent with the Lodi Unified School District, 1305 E.
Vine Street, Lodi, spoke in favor of the annexation as it would allow the District to
move forward on another potential school site that would serve the local community.
Mayor Pro Tempore Pennino asked for Ms. Starr's opinion on the R-1 versus R-2
zoning issue, to which she commented that she had no personal opinion and the
District did not have an official position regarding the subdivision zoning.
In reply to Mayor Nakanishi, Ms. Starr reported that construction of the proposed
school is contingent upon the ability of the District to obtain funds. The District is
presently working to accumulate and budget for the site acquisition and school design
funds. Construction will depend upon the availability of local bond and state funds.
In response to Council Member Hitchcock, Ms. Starr stated that the District is
currently in the middle of its budget process and should know within the next month
whether it will have enough money to purchase the site. She emphasized that
purchase of the property is not contingent upon the proposed school bond passing.
Council Member Howard felt that open workshops would be beneficial in informing
the public of the District's short- and long-term projections regarding school funding.
Ms. Starr commented that the District would be communicating through the School
Board venue in July once it has completed revisions to its Facility Master Plan and
Capital Improvement Plan.
In reply to Council Member Hitchcock, Ms. Starr explained that the District uses the
student generation rate of .51 K-12 students for new homes, and the overall
generation rate of .59 per unit.
• Terry Piazza, 323 W. Elm Street, Lodi, introduced himself as the engineer for both the
District and the developer on this project. He submitted handouts (filed) describing
the original and revised subdivision plan and pointed out that the revised plan is
different in size and mixture of lots. Mr. Piazza explained that an R-1 subdivision has
minimum lot sizes of 6,500 square feet, with R-2 having 5,000 square foot minimum
lots.
R
Continued May 16, 2001
Council Member Land acknowledged that he too spoke with Mr. Piazza previously
and noted that the revised tentative map does not include any lot sizes of 5,000
square feet. The revised map indicates 26 units of 5,550 sq. ft.; 33 units between
5,550 and 5,999 sq. ft.; 18 units between 6,000 and 6,499 sq. ft; and 18 units over
6,500 sq. ft.; for a total of 77 lots.
Mr. Piazza commented that theoretically a person could buy an R-1 lot and build an
R-2 house on it. The lot itself does not increase the buyer's construction cost, but it
does increase their ownership cost.
Council Member Land noted that with a school nearby, the smaller lots would
probably be purchased by families. He asked what guarantee the Council has that
Mr. Piazza will present the revised plan to the Planning Commission.
Mr. Piazza explained that there are many steps to the development process. His
subdivision plan must be approved by the Development Committee and the Planning
Commission prior to coming before the City Council.
Mr. Bartlam further explained the process noting that aside from the annexation
procedure, the developer needs to file a development plan with the Community
Development Department, which will then be considered as a public hearing by the
Planning Commission sometime in September. An allocation request will then come
before the Council for the number of growth management allocations. The
developers then go into the tentative map stages, which goes to the Planning
Commission for approval of the subdivision map. In reference to Mr. Land's inquiry
about a "guarantee", Mr. Bartlam stated that if the project were not submitted as
indicated on the revised plan, he would not recommend it to the Planning
Commission.
Council Member Hitchcock stated that she was glad to see the shift to larger lots on
the revised plan. She questioned how the density could be reduced by only five
homes on the new plan.
Mr. Piazza explained that the property lines had changed and the school reserve is
smaller.
Council Member Hitchcock expressed concern about the community having an "all
house look" as opposed to greenscape. She preferred larger lot sizes and believed
there to be families that could afford them.
Mr. Piazza maintained that society has changed over the years and people generally
do not have time to devote to yard upkeep. In addition, the City has high
development fees that raise the cost for homebuyers. Citizens pay higher taxes and
have less money for home purchases. He stated that there is no longer a demand for
an R-1 subdivision, particularly near an elementary school.
• Jerry Wisner, 808 Tehama, Lodi, stated that he is part of the 21 -lot subdivision to the
west of the property in question. He spoke in favor of the revised plan and
commented that Mr. Luckey promised the Planning Commission that duplexes would
not be built in the new subdivision. Access will turn at the area of the elementary
school and continue easterly to Mills Avenue.
Public Portion of Hearing Closed
7
Continued May 16, 2001
MOTION:
Council Member Howard made a motion, which Council Member Land seconded for
purpose of discussion, to:
• Introduce ordinance amending the Official District Map of the City of Lodi and thereby
Prezoning the parcels located at 1041 & 1171 East Harney Lane (APN 058-230-11 &
12) from San Joaquin County AU -20 to R-2, Single Family Residential, subject to the
mix of minimum size lots of 5,500 square feet as represented in the revised lot
size plan before the Council and including the requirements of larger lots (for
example 6,500 square feet or greater), and PUB, Public;
• Adopt resolution amending the Land Use Element of the Lodi General Plan by
redesignating the 29.43 acres located at 1041 & 1171 E. Harney Lane (APN 058-230-
11 & 12) from PR, Planned Residential to LDR, Low Density Residential and POP,
Public Quasi/Public;
• Adopt resolution certifying the Negative Declaration ND -00-12 as adequate
environmental documentation for the General Plan Amendment, Prezone and
initiation of annexation of property located at 1041 & 1171 East Harney Lane, Lodi,
CA; and
• Adopt resolution for application to the San Joaquin County Local Agency Formation
Commission in the matter of the Luckey Annexation/Reorganization, including the
detachment of certain territory within the area proposed for annexation to the City of
Lodi.
DISCUSSION:
Mayor Pro Tempore Pennino stated that he could not support the motion because it would
hinder the process that has been established for many years. The motion places
restrictions on the project prior to consideration by the Planning Commission.
City Attorney Hays counseled against incorporating Ms. Howard's addition to the motion
on this item. He pointed out that this item is being presented to Council to make a
determination as to whether or not the recommended zonings represent the proper use
for the land. Tying development projects to zoning is not appropriate.
Council Member Hitchcock recalled that in the 14 years she served on the Planning
Commission, projects were brought in as Planned Development and the subdivision map
was considered at the same time.
Mr. Hays replied that Planned Development is a particular zone circumstance, and the
City Code has a particular process tied to it.
Council Member Hitchcock asked if this project could be zoned Planned Development
rather than R-2.
Mr. Bartlam replied that Council could not change the zoning to Planned Development
because the Planning Commission has not had purview of that being considered.
VOTE:
Council Member Land stated that he agreed with Mayor Pro Tempore Pennino and
withdrew his second of the motion. The motion then died for lack of a second.
7f`Y�i�b��L7�►>c
In response to Council Member Howard, Mr. Hays reiterated that her motion had tied a
land use decision to a development plan and because the Council is not dealing with a
zone that has that criteria with it, it is not appropriate to tie the zoning question to the
development plan. The question before the Council is one of land use, not development
criteria.
Continued May 16, 2001
Mr. Bartlam explained that the development plan is a design/review process. Subdivision
design gets complete scrutiny by the staff of City departments. He confirmed that staff
would not recommend approval if a plan were submitted on this project for all minimum
5,000 sq. ft. lots, and confirmed that Council has ultimate discretion to approve or deny a
subdivision project.
MOTION /VOTE:
Further, the City Council, on motion of Mayor Pro Tempore Pennino, Land second,
unanimously took the following actions:
• Introduced Ordinance No. 1703 entitled, "An Ordinance Of The Lodi City Council
Amending The Official District Map Of The City Of Lodi And Thereby Prezoning The
Parcels Located At 1041 & 1171 East Harney Lane (APN 058-230-11 & 12) From San
Joaquin County AU -20 To R-2, Single Family Residential And PUB, Public";
• Adopted Resolution No. 2001-117 entitled, "A Resolution Of The Lodi City Council
Amending The Land Use Element Of The Lodi General Plan By Redesignating The
29.43 Acres Located At 1041 & 1171 E. Harney Lane (APN 058-230-11 And 12) From
PR, Planned Residential To LDR, Low Density Residential And PQP, Public
Quasi/Public";
• Adopted Resolution No. 2001-118 entitled, "A Resolution Of The Lodi City Council
Certifying The Negative Declaration ND -00-12 As Adequate Environmental
Documentation For The General Plan Amendment, Prezone And Initiation Of
Annexation Of Property Located At 1041 & 1171 East Harney Lane, Lodi, CA'; and
• Adopted Resolution No. 2001-119 entitled, "A Resolution Of The Lodi City Council For
Application To The San Joaquin County Local Agency Formation Commission In The
Matter Of The Luckey Annexation/Reorganization, Including The Detachment Of
Certain Territory Within The Area Proposed For Annexation To The City Of Lodi".
RECESS
At 9:10 p.m., Mayor Nakanishi called for a recess and the City Council meeting reconvened at
9:27 p.m.
G. PUBLIC HEARINGS (Continued)
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 a resolution approving the Transit Division's Fiscal Year 2001 Program
of Projects.
Carlos Tobar, Transportation Manager, reported that the City receives $900,000 per year
from the Federal Transit Administration (FTA) for operations and/or capital projects.
There is no penalty in carrying the money over from year to year. Two future transit
capital projects are planned: additional bus shelters, and the Municipal Service Center
(MSC) shop expansion. The MSC shop expansion is estimated to cost $2 million and
$400,000 is needed for purchase and installation of the bus shelters.
In response to Mayor Nakanishi, Mr. Tobar explained that they would be using funds
carried over from fiscal year 1998-99 through 2001-02.
Mayor Pro Tempore Pennino emphasized that Council has not given the go-ahead to
move forward on these projects, and they must come back to Council through the
established process to get approval.
Hearing Opened to the Public
None.
Public Portion of Hearing Closed
Continued May 16, 2001
MOTION:
Council Member Land made a motion, Howard second, to adopt Resolution No. 2001-120
entitled, "A Resolution of the Lodi City Council approving the Federal Transit
Administration (FTA) Fiscal Year 2000/2001 Program of Projects".
DISCUSSION:
Council Member Hitchcock cautioned that the item description appears to indicate that
Council is approving the projects.
Public Works Director Prima explained that some of the projects (e.g. the parking
structure) have already been approved by Council. Projects that require plans and
specifications will be brought to the Council for approval.
Mayor Pro Tempore Pennino called attention to the fact that facility upgrades have not yet
been discussed with Council. He expressed reservations about purchasing six new
compressed natural gas (CNG) vehicles and noted that citizens have commented to him
that empty buses are traveling around the City. Mr. Pennino again stated that he is not
giving approval for the projects; however, he acknowledged the need to place them in the
"pipeline" for FTA funding.
In response to Council Member Hitchcock, Mr. Tobar reported that the CNG Dial -a -Ride
buses are heavy duty, have 176 inch wheel bases, and are 25 feet in length. In reference
to citizen comments about empty buses, Mr. Tobar countered that the ridership on the
Grapeline buses compared to other cities is very good. He noted that Lodi is one of the
first cities in the state to retire its diesel buses.
Mayor Pro Tempore Pennino stated that he would like the issue of transit brought back for
Council consideration after the 2001-03 budget is approved.
VOTE:
The above motion carried by a unanimous vote.
H. COMMUNICATIONS
H-1 Claims filed against the City of Lodi — None
H-2 The following report was presented to the City Council:
a) Planning Commission report of April 25, 2001
H-3 Appointments — None
H-4 Miscellaneous
a) Received for information only the cumulative Monthly Protocol Account summary
through May 7, 2001.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-5 "Adopt resolution authorizing the City Manager to purchase a sole -source Sauber Wire
Puller Model 1570-13 ($36,800)"
In response to Council Member Hitchcock, Carl Lindstrom, Electric Utility Superintendent,
reported that funding on this item is from the Certificates of Participation (COP) approved
by Council two years ago.
MOTION:
Council Member Hitchcock made a motion, Land second, to adopt Resolution No.
2001-121 authorizing the purchase of a Sauber Wire Puller Model 1570-13 from the sole -
source manufacturer of this design of wire puller, Sauber Manufacturing, of Virgil, IL, in
the amount of $36,800.00.
10
Continued May 16, 2001
DISCUSSION:
Mayor Pro Tempore Pennino stated that this purchase is not what the COP was
earmarked for, nor what it was intended for, and noted that it should have been a regular
budget item.
VOTE:
The above motion carried by a unanimous vote.
E-17 "Adopt resolution reallocating $10,000 in Community Development Block Grant (CDBG)
funds from the 2000-01 Salvation Army Project allocation to the 2000-01 Hutchins Street
Square Playground Americans with Disabilities Act (ADA) Retrofit Project'
In reply to Council Member Hitchcock, Community Development Director Bartlam
explained that federal Community Development Block Grant funds cannot be used for
improvements of facilities owned by organizations or institutions that are religious in
nature. The Salvation Army originally applied for funds toward its chapel on Lockeford
Street and now understands the situation and has since decided not to participate.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Pennino second, unanimously
adopted Resolution No. 2001-122 authorizing the reallocation of $10,000 in CDBG funds
from the 2000-01 Salvation Army Project allocation to the 2000-01 Hutchins Street
Square Playground ADA Retrofit Project.
REGULAR CALENDAR
1-1 "Approve Roget Park Master Plan, authorize test well drilling, approve specifications and
authorize advertisement for bids for Site Improvements (Phase 1)"
Public Works Director Prima reviewed the Roget Park project and reported that public
meetings have taken place and approval by the Parks and Recreation Commission has
been received. Pending Council approval, the test well will be drilled on the far west side
of the property near the wall of the Target store. If the test well is not satisfactory, staff
will return to Council for authorization to drill at a different location in the park or to go
elsewhere. Staff is also requesting approval for preliminary site development. He
reported that a number of trees at the park are dead or diseased and some of the
shrubbery does not fit in with the master plan. Tree trimming needs to be done, as well
as mowing the weeds.
Mayor Pro Tempore Pennino recommended that the horseshoe pits be moved away from
the residential area and toward the activities such as bocci and the multi -use game court.
Parks and Recreation Director Baltz confirmed that he would follow-up on the
recommendation.
In response to Mayor Nakanishi, Mr. Prima explained that a test well is drilled to
determine if there is any water quality or quantity issues; ideally, wells produce 1,500
gallons a minute.
MOTION/ VOTE:
The City Council, on motion of Council Member Land, Pennino second, unanimously
approved the site master plan, authorized test well drilling, approved specifications and
authorized advertisement for bids for initial Roget Park site improvements.
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Continued May 16, 2001
1-2 "Adopt resolution approving the reallocation of one Police Officer position to Police
Corporal"
Police Chief Adams noted that the reallocation of one Police Officer position to Police
Corporal is a command decision based on the department's desire to recognize Bob Amin
who works in the computer operations division. The Department currently has six
Corporals in patrol, and one in administration. Officer Amin is a Certified Microsoft
Engineer and is invaluable to the department due to his understanding of both police
operations and computers. Officer Amin is in charge of a $1.8 million records
management and Computer Aided Dispatch (CAD) system. In addition, he makes
decisions on computer acquisitions and negotiates contracts with computer vendors.
In reply to questions by Mayor Pro Tempore Pennino, Stan Helmle, Information Systems
(IS) Manager, assured Council that IS is centralized and Officer Amin seeks technical
guidance from Mr. Helmle and adheres to equipment standards. He emphasized the
great value of having an individual who understands the police industry, has a strong
security background, and knowledge of the terminology.
Council Member Hitchcock questioned whether Officer Amin's title is being changed
solely to offer him a higher salary and why the reallocation is being recommended outside
of the regular budget process, which is currently nearing completion.
Chief Adams confirmed that Officer Amin's responsibilities warrant promotion to the rank
of Corporal. He stated that if Officer Amin were to terminate his employment with the
City, and there were no other Police Officers with his background, he would not keep the
additional Corporal position.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Pennino, Howard second,
unanimously adopted Resolution No. 2001-123 approving the reallocation of one Police
Officer position to Police Corporal.
1-3 "Adopt resolution approving the reallocation of one Heavy Equipment Mechanic position
to Lead Equipment Mechanic"
Kirk Evans, Senior Human Resources Analyst, reported that the day crew at the Public
Works Fleet Services division currently has a lead mechanic, while the night crew does
not. This request is to reallocate a Heavy Equipment Mechanic position to Lead
Equipment Mechanic on the night crew, and does not result in an increase in the number
of positions.
MOTION:
Mayor Pro Tempore Pennino made a motion, Land second, to adopt Resolution No.
2001-124 approving the reallocation of one Heavy Equipment Mechanic to Lead
Equipment Mechanic.
DISCUSSION:
Council Member Hitchcock asked if there is some necessity for expediency, which
prevented this request from being included in the regular budget process.
Public Works Director Prima responded that this employee has been on a temporary
upgrade for a lengthy period of time and the Department had wanted to make the
reallocation for the past year.
VOTE:
The above motion carried by a unanimous vote.
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Continued May 16, 2001
1-4 "Discussion regarding proposed Lodi Safe Kids' Day as requested by Council Member
Howard"
City Manager Flynn announced that he has assigned Community Center Director
Charlene Lange to work with Council Member Howard on the Lodi Safe Kids' Day event.
Council Member Howard recalled that she had first presented the concept of a Lodi Safe
Kids' Day event to Council in January. It had originated from discussions she had with
Anthony Silva, Aquatics Coordinator at Hutchins Street Square. Since January, meetings
have taken place with Mary Fuhs, Community Service Officer; Ron Tobeck, Division
Commander; Charlene Lange, Community Center Director; and Janet Hamilton,
Management Analyst. The event has been proposed for June 23, 2001 from 9:00 a.m. to
12:00 p.m. at Blakely Park. The time was moved up from 10:00 a.m. to 2:00 p.m. to
accommodate a swim meet that was scheduled for the same date. The event will include
instruction on the danger of fireworks, proper installation of car seats, bicycles and the
importance of helmets, safety around animals, medical information, pedestrian safety,
and information on the home alone program. The majority of the $5,000 expense for the
event is related to overtime for City personnel. Free bicycle helmets and refreshments
will be offered.
Council Member Land posed eight questions/concerns, to which Ms. Howard responded
as follows:
1. In order to make this event successful, instead of doing a stand-alone event, is it
possible to do a co-sponsored event (e.g. Celebration on Central or the annual
Downtown Halloween event)?
The month of June was selected as the optimum time because it was in early
summer and is meant to help prevent summertime activity accidents; although,
Ms. Howard stated that she was receptive to combining it with an event that has
already been established.
2. Are we duplicating any other type of services that are available, such as the classes
offered at Hutchins Street Square and through the Arts Commission (e.g. swimming
lessons, water safety programs, first aid classes)?
The Safe Kids' Day will serve as another opportunity to promote those programs in
the community. The target age group is 12 years and under.
3. Are you selectively choosing sponsorship of individuals and businesses or offering an
open invitation for everyone to participate?
Participants were selected based on the service or equipment they offered and many
were part of the Police Crime Prevention Fair. Ms. Howard asked to be informed if
other individuals or businesses express an interest in participating, as everyone is
welcome to participate and were not intentionally excluded.
4. How will you measure the success of the event?
Ms. Howard had not yet determined a success measurement for the event.
5. Why are you offering fireworks information when they are illegal in Lodi?
Emphasis will be placed on the fact that fireworks are illegal within the City limits.
6. Two years ago Stewart Chiropractic, 245 E. Kettleman Lane, Lodi, began a Kids
Safety Day. Will this event infringe on his program and has he been asked to
participate?
Ms. Howard was unaware of a similar event coordinated by Stewart Chiropractic.
7. Swim meets often have 250 youth participating and take longer than anticipated.
Ms. Howard acknowledged there could be conflicting time schedules and was
agreeable to moving the event to another weekend.
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Continued May 16, 2001
8. The City has had a bike rodeo and Crime Prevention Fair in the past, how successful
were they?
Captain Ron Tobeck reported that these events were discontinued three to four years
ago because the small attendance did not warrant the $8,000 to $10,000 expenditure.
The department continues a similar program on a smaller scale called "Meet the
Beats".
Council Member Land expressed reservations about trying to organize this event in only
four to five weeks. He suggested the Kiddies Parade as another successful program to
combine this function with, or using Hutchins Street Square as the location.
Council Member Hitchcock commended Ms. Howard for her planning and effort toward
the Lodi Safe Kids' Day concept. She supported the location at Blakely Park and
suggested that if a compromise in the time could be made, perhaps the youth
participating in the swim meet would also attend Lodi Safe Kids' Day.
Mayor Pro Tempore Pennino also commended Ms. Howard for her efforts. He too
expressed support for the location of Blakely Park; however, he felt that it should not
interfere with the swim meet that has already been scheduled there. He suggested that
Ms. Howard pursue contributions from the community and perhaps hold the event from
5:00 p.m. to 8:00 p.m.
City Manager Flynn stated that staff is prepared to move forward on this event once
direction is given by Council. He pointed out that the City has an ordinance that requires
Council to work through the City Manager, rather than directly with staff.
Mayor Nakanishi supported the event and suggested that the time and date not interfere
with the swim meet.
Parks and Recreation Director Baltz stated that he would look into options such as
rescheduling the swim meet to be held at the Tokay High School pool.
MOTION /VOTE:
The City Council, on motion of Council Member Howard, Land second, unanimously
approved the concept for Lodi Safe Kids' Day; appropriated $5,000 to cover anticipated
expenses; and authorized Ms. Howard to continue to work with the City Manager and
Community Center Director on confirming an appropriate day and time to hold the event.
ORDINANCES
J-1 Ordinance No. 1702 entitled, "An Ordinance Of The Lodi City Council Amending The
Official District Map Of The City Of Lodi And Thereby Rezoning 255 East Harney Lane
(APN 062-290-09) From C -S, Commercial Shopping To C-1, Neighborhood Commercial"
having been introduced at a regular meeting of the Lodi City Council held May 2, 2001
was brought up for passage on motion of Mayor Pro Tempore Pennino, Land 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
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Howard suggested that Council consider changing the format for special
joint meetings. Rather than a dinner, she recommended having an informal meeting at the
Carnegie Forum, which would better accommodate the public. Benefits would also include
decreased cost to the City and less burden on Hutchins Street Square where the dinner
meetings are typically held.
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Continued May 16,1001
• Council Member Land stated that he received an e-mail from Dustin Maple commenting that
there is nothing for teenagers to do in Lodi. In response, Mr. Land reported that the City is
considering a new skatepark and BMX bike area. Activities offered at Hutchins Street Square
include classes in art, photography, dancing, piano, kayaking, scuba diving, water safety,
lifeguard certification, first aide, etc. He also mentioned that the Lodi Energy Fair will be held
on June 2 and encouraged everyone to attend.
• Council Member Hitchcock expressed concern that housing allocations will be considered in
September and the Development Impact Fees still have not been updated.
Deputy City Manager Keeter reported that the Public Works Department has been working
diligently on this and has had several meetings with developers. Questions resulted from
public workshops, which have delayed the matter coming to Council until they are resolved.
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
City Manager Flynn pointed out that the first Wednesday in July falls on the 4th of July Holiday.
Following discussion, Council concurred with canceling the Shirtsleeve Session of July 3, the
Regular meeting of July 5, and scheduling a Special meeting on July 10, if needed.
Mr. Flynn distributed copies of the May Governor's Budget Revision for 2001-02 (filed) and
noted that the Education Reinvestment Augmentation Fund (ERAF) reduction for Lodi is
approximately $125,000.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:00 P.M.
ATTEST:
Susan J. Blackston
City Clerk
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