HomeMy WebLinkAboutMinutes - July 18, 2001LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 18, 2001
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of July 18, 2001 was called to order by Mayor Nakanishi
at 5:46 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
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Prospective acquisition of real property located at 21 E. Elm Street, Lodi, CA
(APN 043-082-03); the negotiating parties are City of Lodi and Craig C. and Ann H.
Peden; Government Code §54956.8
b) Actual litigation: Government Code §54956.9(a); one case; In Re: Enforcement of City of
Lodi. California. City Council of Certain Subpoenas, Superior Court, County of San
Joaquin, Case No. CV002615
C-3 ADJOURN TO CLOSED SESSION
At 5:47 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:02 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Hays
disclosed the following actions.
In regard to item C-2 (a), the City Council gave direction to its negotiators to contact the property
owners Craig C. and Ann H. Peden regarding acquisition of property at 21 E. Elm Street, Lodi.
In regard to item C-2 (b), there was no reportable action taken; however, City Attorney Hays noted
that a related item would be brought back to Council for consideration at the first regularly
scheduled meeting in August.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of July 18, 2001 was called to order by Mayor Nakanishi at
7:02 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 Executive Pastor Marianne Vick, Heartland Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Nakanishi.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 Proclamations — None
D-3 (a) Jeff Jauregui, member of the Greater Lodi Area Youth Commission, acknowledged the
Teen of the Month, Jennifer Israel from Tokay High School.
Continued July 18, 2001
D-3 (b) Mayor Nakanishi presented a proclamation to Pastor Dale Edwards and Pastor Glenn
Foo Sum from Century Assembly Church in celebration of Century Assembly's 75th
Anniversary.
Council Member Land commented that hundreds of individuals from Century Assembly
Church recently volunteered to clean up areas on the east side of the City and disposed
of 21 tons of trash.
Pastor Glenn Foo Sum thanked Community Development Director Bartlam and
Community Improvement Manager Joseph Wood for their assistance with the project and
noted that in addition to cleaning they repaired fences and painted two homes.
D-3 (c) Public Works Director Prima thanked Management Analyst Sharon Blaufus for her 39
years of dedicated service to the City of Lodi. Mayor Nakanishi presented a Resolution of
Appreciation to Sharon Blaufus as she retires from the City of Lodi.
D-3 (d) Rob Lechner, Manager of Customer Programs, reported that the Public Benefits Program
has been in place since 1998. Annually, $860,000 is collected from utility bills for the
program. State law requires that the money be expended back to the community in four
program categories: 1) Demand Side Management (a.k.a. energy conservation);
2) Assistance for Low Income Customers; 3) Renewables; and 4) Research,
Demonstration, and Development Services.
Mr. Lechner described the following programs:
• Energy Efficient Window and Shade Screen Program
• Cooling Cash Rebate
• Air Duct Testing and Attic Insulation Rebate Program
• Appliance Rebate Program
• Energy Survey Program
• Lawnmower Rebate Program
• Small Business Better Lighting Project
• Small Business Energy Services Partnership
• Energy Services Partnership Program
• Lodi Best Project
Mr. Lechner reported that three municipal projects are currently underway: 1) a ribbon
cutting event is scheduled for July 25 to dedicate the new Lodi Solar Port and Electric
Vehicle Charging Station; 2) Electric Utility will provide up to 28 covered parking stalls
(using solar panels) in the downtown parking structure; and 3) will be purchasing and
installing up to $100,000 worth of high -efficiency lighting for the new skate park.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Pro Tempore Pennino, Land second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $8,832,229.51.
E-2 The minutes of May 8, 2001 (Shirtsleeve Session), May 15, 2001 (Shirtsleeve Session),
May 22, 2001 (Shirtsleeve Session), June 12, 2001 (Shirtsleeve Session), June 19, 2001
(Shirtsleeve Session), June 26, 2001 (Shirtsleeve Session), July 3, 2001 (Shirtsleeve
Session), and July 4, 2001 (Regular Meeting) were approved as written.
E-3 "Approve plans and specifications and authorize advertisement for bids for the
construction of an outdoor skate park facility at Kofu Park, 1145 S. Ham Lane" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
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Continued Judy 18, 2001
E4 Approved the specifications for bids for 216 175 -watt metal halide pulse -arc lamps
manufactured by Philips Lighting, for installation in streetlight fixtures on Cherokee Lane
and authorized advertisement for bids.
E-5 Approved the specifications for asphalt material for fiscal year 2001/02 and authorized
advertisement for bids.
E-6 Adopted Resolution No. 2001-167 rejecting all bids, approving revised specifications, and
authorizing re -advertisement for bids for Roget Park site improvements (Phase 1).
E-7 "Adopt resolution rejecting all bids and approve revised specifications and authorize
re -advertisement for bids for truck hauling services for asphalt concrete, asphalt concrete
grindings, and spoils" was removed from the Consent Calendar and discussed and
acted upon under the Regular Calendar.
E-8 Adopted Resolution No. 2001-168 awarding the bid for the purchase of 40 single-phase
and 14 three-phase padmount transformers to the bidders whose proposals and
equipment met City of Lodi specifications, and whose transformers are expected to yield
the lowest overall life -cycle costs:
Howard Industries, Laurel, MS 20 ea. 37.5kVA 240/120V 1 -phase $ 18,705.00
15 ea. 75kVA 240/120V 1 -phase $ 23,752.13
3 ea. 112.5kVA 208Y/120 3-phase $ 11,210.10
2 ea. 150kVA 208Y/120V 3-phase $ 8,286.10
4 ea. 225kVA 208Y/1 20V 3-phase $ 20,850.70
3 ea. 300kVA 208Y/1 20V 3-phase $ 18,124.50
2 ea. 500kVA 480Y/277V 3-phase $ 16.987.15
$117,915.68
Central Moloney, Pine Bluff, AR 5 ea. 100kVA 240Y/1 20V 1 -phase $ 7,073.50
$124,989.18
E-9 Adopted Resolution No. 2001-169 awarding the bid for the purchase of 36 single-phase
conventional polemount transformers to the bidders whose proposals and equipment met
City of Lodi specifications, and whose transformers are expected to yield the lowest
overall life -cycle costs:
Kuhlman Electric, Versailles, KY 10 ea. 25kVA 120/240V Conv. $ 4,945.00
ERMCO, Dyersburg, TN 10 ea. 37.5kVA 120/240 Conv. $ 6,869.25
6 ea. 25kVA 277V Conv. $ 3.270.15
$ 10,139.40
Wesco Distribution, 4 ea. 37.5kVA 277V Conv. $ 2,734.80
San Francisco
Central Moloney, Pine Bluff, AR 6 ea. 50kVA 277V Conv. 4,347.30
$ 22,166.50
E-10 Adopted Resolution No. 2001-170 awarding the contract for Type II Polymer Modified
Slurry Seal for Various City Streets, 2001, to Intermountain Slurry Seal, of Loomis, in the
amount of $74,918.37.
E-11 "Adopt resolution awarding contract for towing services for vehicle abatement to Plummer
Towing, Lodi" was pulled from the agenda pursuant to staffs request.
E-12 Accepted the improvements under the "Well 26 Pump and Motor, 1020 Bridgetown Drive"
contract and directed the City Engineer to file a Notice of Completion with the County
Recorder's office.
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Continued July 18, 2001
E-13 Accepted the improvements under the contract for Emergency Fiberglass Repair Work of
Enze Pool at Blakely Park, 1050 S. Stockton Street.
E-14 Accepted the abatement action under the "Asbestos Removal, Demolition, Clearing, and
Grading at 220 E. Pine Street" contract and directed the Community Improvement
Manager to file a Notice of Completion with the County Recorder's office.
E-15 Adopted Resolution No. 2001-171 granting permission for the City Manager to execute an
agreement between Lodi Police Department and San Joaquin County, through its Data
Processing Division, for Fiscal Year 2001-02 to provide data processing services and
access to Automated Message Switching/CJIS Systems for an estimated annual cost of
$8,627.70.
E-16 "Adopt resolution authorizing the City Manager to enter into a lease agreement for 210 W.
Pine Street, approve purchase of Office Systems Furniture, and appropriate funds in the
amount of $69,200" was removed from the Consent Calendar and discussed and
acted upon under the Regular Calendar.
E-17 "Amend Traffic Resolution by adopting a resolution authorizing the City Manager to modify
the parking restriction duration in the vicinity of Pacific Coast Producers, 32 East Tokay
Street" was removed from the Consent Calendar and discussed and acted upon
under the Regular Calendar.
E-18 Adopted Resolution No. 2001-172 vacating the public utility easement at 801 Black
Diamond Way and 520 N. Beckman Road.
E-19 "Adopt resolution authorizing the City Manager to execute a professional services
agreement with West Yost & Associates for engineering services to prepare a predesign
of Phase I Improvements to the White Slough Water Pollution Control Facility; and
appropriate funds in the amount of $450,000 for the project" was removed from the
Consent Calendar and discussed and acted upon under the Regular Calendar.
E-20 Adopted Resolution No. 2001-173 authorizing the City Manager to execute a professional
services contract with Pacific Municipal Consultants for the services of a part-time Code
Enforcement Officer within the Community Development Department.
E-21 Adopted Resolution No. 2001-174 authorizing the City Manager to provide funding in the
amount of $42,481.77 to fund the Public Benefits Program Grant — Stadium Cinema 12
F&H Construction Demand-side Management Project (energy efficiency improvements
and upgrades will be incorporated into the new downtown Lodi Stadium Cinema 12).
E-22 Adopted Resolution No. 2001-175 naming the recently completed electric vehicle
charging station located at the Municipal Service Center the "Jim Porter Memorial Solar
Port & Electric Vehicle Charging Station."
E-23 Approved the issuance of subpoenas based upon the recommendation of the
Contamination Advisory Committee.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
• Wilbert Ruhl asserted that the parking garage on Sacramento Street is being built for the
purpose of the new theater. He objected to Measure K funds being used on the project and
stated that the City is in violation of regulations, which require that a sign be posted on
projects in which Measure K funds are used. He felt that the City should not have approved
construction of the theater without adequate parking.
4
Continued July 18, 2001
Public Works Director Prima replied that if a sign has not been placed on the site of the
project, they would do so as soon as possible. Measure K funds were approved for the
parking garage by the appropriate parties. The parking garage will be an integral part of the
transit station; however, it is expected that there will be a shared use of all public facilities in
the downtown area.
City Manager Flynn explained that the purpose for the parking structure was to promote public
transportation, the use of Amtrak, the City's bus system, and for use as a park-and-ride
facility.
Community Development Director Bartlam reported that the Downtown Parking District was
formed in the late 1950s and has a boundary that includes the theater site. The Parking
District alleviates any parking requirements within the boundary in lieu of public parking that is
provided within City lots that are distributed throughout the downtown.
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
consider adopting the update of Lodi's Urban Water Management Plan.
Public Works Director Prima explained that the Urban Water Management Plan is a state
requirement that has been in place for over a decade. Plans must be updated every five
years. He reported that Lodi averages 17 inches of rainfall each year. Data is available
that indicates the groundwater has been declining since the 1900s. The entire eastern
San Joaquin basin is being overdrafted, and it is a problem that will worsen over time.
The county has begun to address the issue through a comprehensive water management
plan.
Frank Beeler, Assistant Water/Wastewater Superintendent, reported that Lodi uses over
16,000 -acre feet of water per year and relies entirely on groundwater. The Urban Water
Management Planning Act requires that cities look at best management practices, which
include water conservation and education. He stated that one of the best water saving
methods is water metering of residential customers. In the late 1970s Lodi began
metering commercial water users. In 1992 Council took action to stop the program and
consequently there are approximately 300 commercial customers that are not metered.
Also in 1992, the state required that all new residential homes have water meters.
Council decided that the City would collect the money to pay for water meters on new
homes, and hold it in an account until such time as it was decided to install them.
Currently there are approximately 1,520 homes in Lodi that have paid for meters, and the
City has collected a total of $300,000.
Mr. Prima made the following recommendations to Council:
• Adopt the Urban Water Management Plan.
• Continue participation with San Joaquin County and other water interests to try and
bring additional water supplies into the county, with a goal of establishing a
sustainable (i.e. using no more water than nature replenishes) use of groundwater in
this area. Mr. Prima warned that a saline intrusion problem is occurring in the central
part of the county.
• Work with the Planning Commission on developing mitigation measures for new
development so that further depletion of the groundwater basin does not occur.
• Begin installing water meters on new homes and install meters on homes that have
already paid for them.
Mr. Prima stated that water service is now charged as a flat rate according to the number
of bedrooms in a home. Currently, there are 16 water meters installed on homes of
willing participants, which staff checks quarterly to track what the consumption has been.
They have discovered that there is no more correlation of the amount of water use
5
Continued July 18, 2001
between the size of the lots, than there is with the number of bedrooms, or the number of
people living in the home. Staff feels that from the standpoint of fairness, water meters
would be the best way to charge customers. As rates increase, customers will be more
concerned with paying only for what they actually use. It has been estimated that
consumption will be reduced by 20% if water meters are installed.
In reply to Council Member Hitchcock, City Manager Flynn clarified that staff is requesting
approval to install meters on new homes and those who have already paid for them, set a
rate structure, and begin charging customers with meters.
In answer to Ms. Hitchcock, Mr. Prima stated that the cost of metering the entire City
would be approximately $7-$12 million. Mr. Flynn noted that the cost would be
incorporated into the water rates.
In response to questions by Council Member Howard, Mr. Prima stated that all water
meters in the City could be installed within two years if funds were available. The cost per
meter, including installation, would be $195. For homes in areas where the entire service
would have to be rebuilt, the cost to install a water meter would be $1,000.
Council Member Land acknowledged that the Water Plan was dedicated in memory of
former Water Conservation Officer Orson Laam. He expressed his disappointment with
the quality of the Plan and questioned whether it could have been done in-house, thereby
saving the ratepayers its $25,000 cost. He pointed out that most of the Plan contents
merely refer to data and practices that the City already had available to them.
Council Members Hitchcock, Land, and Pennino expressed concern regarding the equity
issue in metering and charging only the 1,500 homes that have paid for water meters.
Mayor Pro Tempore Pennino stated that he was opposed to installing water meters with
the exception of the ones where development had already paid for them. To collect meter
data, he suggested enlisting a Delta College student or a local high school student as part
of a senior project. Savings from not hiring City staff to read the water meters could be
used toward infrastructure on the eastside.
Mr. Prima stated that the water meters would be in the same route as electric meters,
which are already being read by Finance employees, and consequently the additional
effort to read water meters would be minimal. The meter data of at least a few hundred
are needed to establish a rate that provides equity to customers. He noted that according
to recent reports by the County, Lodi is the highest water user in the county per acre of
developed land.
Mayor Pro Tempore Pennino suggested that staff compare Lodi's water usage with the
same survey cities that are used for salary range comparisons.
Mayor Nakanishi expressed opposition to installing water meters.
Council Member Hitchcock felt that installing water meters should be done Citywide, as
metering is the only guaranteed conservation method.
Mayor Pro Tempore Pennino pointed out that Lodi is geographically located on the side of
a hill, in a bowl, with the bottom being in Stockton near the port area. Considering its
location, he raised the question as to what impact Lodi has actually had on the depletion
of groundwater.
Mayor Nakanishi commented that he has served on the Water Advisory Board for three
years. He stated that if San Joaquin County goes into a drought, Lodi would be the last
impacted by it.
Continued July 18, 2001
Council Member Land warned that saline in wells has occurred as close as seven miles
from Lodi.
City Manager Flynn emphasized that water is our most important resource and is
becoming more scarce. Benefits of water meters include equity for customers and a tool
for conservation. As a minimum measure, he supported installing meters in homes that
have already paid for them. He pointed out that rates are based upon cost of operation.
Hearing Opened to the Public
• Dennis Haugan questioned the accuracy of $197.37 per meter, as he felt it would be
much higher. He noted that 15 to 20% contingency is normally added to engineering
projects and asked where this money would come from.
Mr. Flynn replied that all costs associated with meter installation would be
incorporated into the total cost of operation and allocated out to customers.
Mr. Prima reported that water meters used for residential property are 3/. inch plastic
meters that last 7 to 10 years.
• Wilbert Ruhl recalled that he spoke to the City Council many years ago and
emphasized the importance of getting surface water. Water conservation alone will
not solve Lodi's water problem. The City runs its pumps continuously, which brings
the water level down and does not allow an opportunity for it to re -percolate and come
back up. He urged the Council to work diligently in obtaining surface water.
John Beckman stated that data clearly indicates that water is being overdrafted. On
an annual average, 12,000 acre-feet of water has been recharged, and for the past
10 years, 14,787 acre-feet has been pumped out. He suggested offering
conservation rebate programs, such as for low water landscaping. Mokelumne River
provides 20,000 acre-feet of water every year, yet only 2,000 to 4,000 acre-feet is
used in wet years. He suggested working aggressively with the North San Joaquin
Water District to capture this unused water to replenish Lodi's groundwater supply.
He outlined other options, which included capturing (via a pipeline) the water that
goes out to White Slough, and/or storing and recharging park storm basin water. He
felt that water meters would not be needed if supplies were captured and agreed with
Council Member Land that the Urban Water Management Plan was not worth
$25,000.
Council Member Land pointed out that the Plan addresses bringing water back from
White Slough and estimated the cost to be $7.8 million. The surface water solution
would likely require a treatment plant.
Mr. Beckman noted that surface water must be percolated through the ground, which
would take hundreds of acres of land. He reported that the state has been monitoring
26 wells in the Lodi area since 1960, and since that time the average drop has been
18 feet.
Public Portion of Hearing Closed
Council Member Howard agreed with staffs recommendation as a proactive measure to
Lodi's water supply problem and reasonable method to begin to study how much water is
being used.
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Continued July 18, 2001
MOTION 01):
Council Member Howard made a motion, Hitchcock second, to adopt Lodi's updated
Urban Water Management Plan and provide policy direction to:
• Continue the City's participation in countywide efforts to provide supplemental water
to the area, and work to identify conjunctive use or other projects that would reduce
Lodi's groundwater consumption to sustainable levels.
• Direct staff to work with the Planning Commission on development of mitigation
measures to reduce the impact to the groundwater caused by new development.
• Begin installing and reading water meters on all new development.
• Begin installing and reading water meters on developments that have paid for meters,
but have not yet been installed.
DISCUSSION:
Council Member Land and Mayor Pro Tempore Pennino suggested that this item be
considered with separate motions.
Mayor Pro Tempore Pennino commented that it is not the meters that conserve water, but
rather, it is the rate structure that causes consumers to conserve.
VOTE:
The above motion (Motion #1) failed by the following vote:
Ayes: Council Members — Hitchcock and Howard
Noes: Council Members — Land, Pennino and Mayor Nakanishi
Absent: Council Members — None
MOTION / VOTE (#2):
The City Council, on motion of Council Member Land, Pennino second, unanimously
adopted Lodi's updated Urban Water Management Plan.
MOTION (#3):
Further, Mayor Pro Tempore Pennino made a motion, Land second, to provide the
following policy direction:
• Continue the City's participation in countywide efforts to provide supplemental water
to the area, and work to identify conjunctive use or other projects that would reduce
Lodi's groundwater consumption to sustainable levels.
• Direct staff to work through public meetings with the development community and the
Planning Commission on development of mitigation measures to reduce the impact to
the groundwater caused by new development.
DISCUSSION:
Council Member Hitchcock commented that with the rapid pace of technology changes, it
would be more prudent to wait on the purchase and installation of water meters until such
time as they would actually be used.
Council Member Howard felt that the City needs to look at specific steps to begin
addressing water issues and is missing an opportunity this evening by not adopting all of
staffs recommendations.
VOTE:
The above motion (Motion #3) carried by a unanimous vote.
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Continued July 18, 2001
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
Council Member Land, Howard second, unanimously rejected the following claims:
a) Lucia Avalos for Francisco Avalos III (a minor), date of loss 4/13/01
b) Agustin Flores, date of loss 10/9/00
C) Joe Garcia, date of loss 5/1/01
H-2 Reports: Boards/Commissions/Task Forces/Committees — None
H-3 The following postings/appointments were made:
a) The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second,
unanimously posted for the following vacancy:
Planning Commission
John Borelli Term to expire June 30, 2004
H-4 The City Council received for information only the cumulative Protocol Account report
through June 30, 2001.
Mayor Pro Tempore Pennino pointed out that the ending balance of $4,468.32 in the
Protocol Account is a positive figure and should not have been placed in parenthesis.
RECESS
At 9:08 p.m., Mayor Nakanishi called for a recess, and the City Council meeting reconvened at
9:20 p.m.
REGULAR CALENDAR
1-1 "Review and reset Market Cost Adjustment (MCA) billing factor related to electric rates"
NOTE: Due to a potential conflict of interest, Mayor Pro Tempore Pennino abstained
from discussion and voting on this matter and vacated his seat.
Electric Utility Director Vallow noted that when he reported to Council in April he had
anticipated the probability of 30 days of blackouts in northern California during the
summer months. Prices at that time were in the range of $200 to $400 per megawatt
hour. In current conditions, both the power and gas markets are declining on the forward
markets. Pacific Gas and Electric is in bankruptcy and Southern California Edison is near
bankruptcy. There is a great deal of legislative and regulatory uncertainty. On June 19,
the Federal Energy Regulatory Commission imposed soft price caps that will be in effect
through September 30, 2002. This translates into a $10 million loss of revenue from the
wholesale of energy sales that Electric Utility had budgeted. Mr. Vallow outlined Electric
Utility actions that have been taken to date:
• Bought long to ensure stability and avoid a $19 million winter market exposure;
• Implemented a tiered market cost adjustment applied to residential customers in a
way that promoted conservation;
• Sold surplus during the spring;
• Made $270 a megawatt hour during the summer that helped offset higher gas prices
from the winter, and retained it to ensure that Lodi would not have rolling blackouts,
Council Member Hitchcock asked for clarification on whether the excess power was sold.
Mr. Vallow explained that Electric Utility bought a 25 -megawatt strip of power that went for
one year beginning on January 1, 2001. It was used to prevent blackouts in Lodi and
some of the surplus was sold in January, February, and March. During April, May, and
June, Electric Utility sold the entire strip forward in the second quarter market at $270 a
megawatt hour.
Continued July 18, 2001
Mr. Vallow made the following rate increase recommendations:
• Residential customers 8%;
• Low income customers — no increase;
• G-1 customers 8%;
• G-2 customers 8%;
• G-3 and G-4 customers 16%;
• G-5 customers 14%;
• Contract and 1-1 rates — no increase.
Mr. Vallow noted that the recommended rate increases would only address half of the $10
million deficit.
Council Member Hitchcock asked where the other $5 million would come from.
Mr. Vallow replied that changes in operations, budget cuts, strategic power sales,
renegotiating, and possibly an early buyout of the $173 contract should ameliorate the
situation, and Electric Utility will report back to Council in September on its progress. He
noted that an appropriate reserve is a six-month power supply, and currently, Electric
Utility has less than that.
Council Member Howard recalled that approximately a year ago staff came before
Council recommending a 5% savings in electric rates for specific areas in the community.
Council approved a 20% savings. Ms. Howard suggested that taking into consideration
the current financial situation with Electric Utility, it may be beneficial for Council to
decrease the amount back to the 5% that staff originally recommended. She also
expressed concern about increasing the rates for residential customers again.
Mr. Vallow pointed out that businesses subsidize residential customers. Much of the
reason that the general fund transfer is possible, is due to the large businesses that have
moved to Lodi and support the electric system and rates. Lodi has a small industrial base
and a large residential base. In reference to Ms. Howard's comments related to the
business incentive, Mr. Vallow stated that staff would look at how effective the program
has been and report back to Council.
MOTION:
Council Member Land made a motion, Hitchcock second, to adopt Resolution No.
2001-176 authorizing a revision in the Market Cost Adjustment schedule and billing factor
related to electric rates.
DISCUSSION:
Mayor Nakanishi stated that price caps are going to be detrimental to the future of the
state and City. Seventy percent of California residents are under the misconception that
price caps are beneficial.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Land and Mayor Nakanishi
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Pennino
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Continued July 18, 2001
1-2 "Adopt resolution approving the Joint Powers Agreement, authorizing the imposition of a
$1 vehicle registration fee and the establishment of a Service Authority for abandoned
vehicle abatement, and appointing a Council representative to the San Joaquin County
Abandoned Vehicle Abatement Service Authority'
Community Improvement Manager Joseph Wood reported that this matter was originally
brought before Council in April. The purpose of the Service Authority is to provide a
funding source derived from a $1 vehicle registration fee to supplement vehicle
abatement done within each jurisdiction. The amount generated from the vehicle
registration fee in Lodi will be $50,000, with estimated total projected revenues being
returned to Lodi of $30,000 to $40,000. Mr. Wood explained that half of the money
brought in by the Service Authority is distributed back to the jurisdictions based on
population. At 10% of the population of the county, Lodi's portion would be $22,000. The
second 50% of the money is distributed to the jurisdictions based on performance — the
number of vehicles abated. Lodi's activity would be 3 to 8% of the total activity in the
county, amounting to $7,000 to $20,000 in revenue. The county and all other jurisdictions
have agreed to participate in the formation of the Service Authority, which would cause
the $1 fee to be assessed regardless of Lodi's participation. The decision before Council
this evening is whether to join the Service Authority, which would allow revenues to be
returned to the City.
City Manager Flynn clarified that if Lodi does not join the Service Authority the $1 vehicle
registration fee would still be deducted; however, no revenue would be returned to the City.
At the request of Council Member Land, Mr. Wood described the City's vehicle abatement
process.
Community Development Director Bartlam noted that it is the State Vehicle Code that sets
the procedure for how the revenue is split between the jurisdictions.
In answer to questions by Council Member Howard, Mr. Wood stated that the Council
representative to the San Joaquin County Abandoned Vehicle Abatement Service
Authority is not a paid position. Under the Service Authority, Lodi retains the ability to
decide whom to contract with to remove vehicles.
Mayor Nakanishi recalled that when this matter was originally brought forward by San
Joaquin County and the City of Stockton, it seemed fair and reasonable. In now
understanding how the revenue is apportioned, it appears that Lodi taxpayers will pay a
disproportionate amount. He disapproved of the tax and pointed out that it penalizes
everyone, rather than only those that are causing the problem.
Council Member Land noted that he was absent during the initial consideration of this
issue by Council in April. Though he was not in favor of the tax, he pointed out that if Lodi
does not join the Service Authority it would lose $35,000 in revenue.
Mr. Bartlam stated that there are provisions within the Joint Powers Authority not to move
forward, and suggested that Council could appoint a representative to convince the
majority to disband.
Mayor Pro Tempore Pennino recalled that he voted against this issue when it was
considered in April and remains adamantly opposed to the $1 vehicle registration fee.
Council Member Hitchcock reiterated the fact that if Lodi does not join the Service
Authority it would lose $35,000.
11
Continued July 18, 2001
MOTION / VOTE (#1):
Council Member Hitchcock made a motion, Land second, to adopt a resolution approving
the Joint Powers Agreement, which establishes the Service Authority for abandoned
vehicle abatement in San Joaquin County, appoint Mayor Nakanishi to serve on the
Service Authority, and authorize the imposition of a $1 vehicle registration fee. The
motion failed by the following vote:
Ayes: Council Members — Hitchcock and Land
Noes: Council Members — Howard, Pennino and Mayor Nakanishi
Absent: Council Members — None
Mayor Pro Tempore Pennino recommended that staff work with the Service Authority to
allow for Lodi to fund its portion out of the general fund, or find a strategy where Lodi can
participate without taxing good citizens to abate abandoned vehicles.
City Attorney Hays stated that once the Authority is formed they have no other method for
raising funds aside from a vehicle registration fee. He offered a possible solution of
instituting a rebate program wherein vehicle owners could bring in their proof of vehicle
registration payment and have the $1 fee returned to them by the City.
MOTION / VOTE (#2):
The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second, voted to
reconsider the subject matter. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Land, and Pennino
Noes: Council Members — Howard and Mayor Nakanishi
Absent: Council Members — None
MOTION (#3):
Mayor Pro Tempore Pennino then made a motion to adopt a resolution approving the
Joint Powers Agreement, which establishes the Service Authority for abandoned vehicle
abatement in San Joaquin County, authorize the imposition of a $1 vehicle registration
fee, and bring back to Council a method to rebate Lodi citizens the $1 per vehicle
registration. The motion died for lack of a second.
MOTION / VOTE (#4):
Further, Council Member Hitchcock made a motion, Land second, to adopt a resolution
approving the Joint Powers Agreement, which establishes the Service Authority for
abandoned vehicle abatement in San Joaquin County, and authorize the imposition of a
$1 vehicle registration fee. The motion failed by the following vote:
Ayes: Council Members — Hitchcock and Land
Noes: Council Members — Howard, Pennino and Mayor Nakanishi
Absent: Council Members — None
1-3 "Downtown Trip Reduction Program Report" was pulled from the agenda pursuant to
staff's request. City Manager Flynn noted that this item would come back to the City
Council at a Shirtsleeve Session.
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Mayor Pro Tempore Pennino, Howard second, voted to continue
with the remainder of the meeting following the 11:00 p.m. hour. The motion carried by the
following vote:
Ayes: Council Members — Hitchcock, Howard, Pennino and Mayor Nakanishi
Noes: Council Members — Land
Absent: Council Members — None
12
Continued July 18, 2001
REGULAR CALENDAR (Continued)
1-4 "Review amendment to Northeastern San Joaquin County Groundwater Banking Authority
Joint Powers Agreement and authorize financial contributions to the Authority up to
$20,000 per year'
Public Works Director Prima reported that the County has asked members of the
Groundwater Banking Authority to participate in funding. Mr. Prima stated that Lodi has
been budgeting $20,000 per year over the last several years for this purpose. The
amendment to the Joint Powers Agreement pertains to requests to join the Authority from
the Central Delta Water Agency and the South Delta Water Agency. Each of these
agencies has differing interests in terms of water supply issues.
In response to Council Member Land, Mr. Prima stated he believed the goal of the Delta
agencies is to make sure that a project is created that provides a significant benefit to the
delta area. Specifically, they want to ensure that any water that comes into the county is
used for conjunctive use and possibly exported into the delta, rather than into East Bay
Municipal Utility District pipelines and shipped to the Bay Area.
Council Member Land stated that he supports authorization of the financial contribution to
the Authority, but is opposed to the agreement amendment.
In reply to Council Member Hitchcock, Mr. Prima reported that the Delta agencies include
Woodbridge Irrigation District, North San Joaquin Water Conservation District, City of
Lodi, Stockton East Water District, City of Stockton, Central San Joaquin Irrigation
District, San Joaquin County, and the associate member of Cal Water.
In response to Council Member Howard, Mr. Prima stated that funding of the Authority
goes toward activities of the organization, and mainly consulting fees.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, unanimously
authorized financial contributions to the Northeastern San Joaquin County Groundwater
Banking Authority up to $20,000 per year.
Further, the City Council tabled review of the amendment to the Northeastern San
Joaquin County Groundwater Banking Authority Joint Powers Agreement for one month.
1-5 "Adopt resolution approving the job specification and salary range for the position of City
Planner'
Human Resources Analyst Amy Flores reported that the position of City Planner was
approved in the 1997-99 budget. It was not previously filled by the Community
Development Department due to the lack of office space and the pending establishment
of the Lodi Redevelopment Agency.
Community Development Director Bartlam explained that the Department has been
organized in three separate divisions since the initiation of the Community Improvement
Division six years ago. The position of City Planner would manage the Planning Division
and have full supervisory function over the Senior Planner and two existing Associate
Planners. The position would be equal to the Building Official and Community
Improvement Manager in terms of management function within the Department, as well
as participation on the City's Management Team.
Mayor Pro Tempore Pennino stated that he would prefer management and supervisory
personnel to manage more than two or three people.
13
Continued July 18, 2001
Mr. Bartlam replied that it is not a quantity issue, but rather a quality issue in the
Department. There are a number of things not getting accomplished under the current
organization.
MOTION /VOTE:
The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second,
unanimously adopted Resolution No. 2001-177 approving the job specification and the
following salary range for the position of City Planner.
A B C D E
$5,457.81 $5,730.70 $6,017.23 $6,318.10 $6,634.00
E-3 "Approve plans and specifications and authorize advertisement for bids for the
construction of an outdoor skate park facility at Kofu Park, 1145 S. Ham Lane"
Council Member Hitchcock expressed support for approving the plans and specifications;
however, she asked that the record note she is opposed to the location of Kofu Park for
the skate park.
MOTION:
Council Member Hitchcock made a motion, Pennino second, to approve the plans and
specifications for the construction of an outdoor skate park facility at Kofu Park, 1145 S.
Ham Lane, and authorized advertisement for bids.
DISCUSSION:
Council Member Howard announced that the hours for the operation of the skate park
have been confirmed and are: Sunday, Monday, Tuesday, and Wednesday open no later
than 9:00 p.m.; and Thursday, Friday, and Saturday open no later than 10:00 p.m.
In reply to Council Member Howard, City Manager Flynn acknowledged that inquiries
have been received about building a wall in the vicinity of the park. A letter was prepared
for the Mayor's signature that was sent back to the inquiring parties, which stated that the
City was moving forward with construction of the skate park and would conduct another
assessment as to what if any noise impact the skate park had on the adjacent
neighborhood. Pursuant to the results, a decision would then be made regarding the
necessity of a wall.
Council Member Howard stated that she was in favor of a wall based on the information
Council was previously given. She recognized that the majority of the noise is coming
from the traffic sound off Ham Lane; however, she felt that it is important for the City to be
a good neighbor. She did not see the need of waiting until another study is done and
hoped that the issue of a wall could be brought before Council at a future meeting for
discussion and possible action.
Mayor Pro Tempore Pennino stated that he was strongly in favor of waiting to discuss the
wall issue until after facts were available to determine if the skate park was actually
impacting the residents. He explained that unless there is justification such as a noise
impact to mitigate, the City would be treating one part of the community differently than
others if it constructs a wall.
Council Member Land concurred with Mr. Pennino and noted that he asked residents
present at the public hearing if they were interested in a wall and no one indicated that
they were.
Mayor Nakanishi stated that he was supportive of a wall being built; however, he preferred
to wait until after the skate park was constructed.
14
Continued July 18, 2001
Council Member Hitchcock agreed with Ms. Howard and stated she was confident that
the skate park would have a noise impact on the neighborhood. She too expressed favor
for the wall being constructed, but agreed that to do so prior to the results of the study
would set a precedence that would not be desirable for the City, and consequently she
agreed to delaying its consideration.
VOTE:
The above motion carried by a unanimous vote.
E-7 "Adopt resolution rejecting all bids and approve revised specifications and authorize re -
advertisement for bids for truck hauling services for asphalt concrete, asphalt concrete
grindings, and spoils"
City Manager Flynn reported that a request was received from Frank Alegre of Alegre
Trucking to reschedule this item, as he wished to address the issue, but was unable to
appear at this meeting. Alegre Trucking was the sole bidder for the services and the bid
came in significantly higher than the estimate for the project. Staffs recommendation is
to rebid the project.
Council Member Howard spoke in favor of rescheduling the item to the next regular
meeting allowing Mr. Alegre an opportunity to address his concerns.
Public Works Director Prima suggested that due to time constraints, if Council is inclined
to accept a single bid for the services it would be more desirable to do so at this meeting
than to hold the item over.
MOTION / VOTE:
Mayor Pro Tempore Pennino made a motion, Howard second, to adopt Resolution No.
2001-178 awarding the bid for truck hauling services for asphalt concrete, asphalt
concrete grinding, and spoils to Frank C. Alegre Trucking, Inc., of Lodi, at the rate of
$90.00 per hour per truck.
DISCUSSION:
Council Member Howard wanted to ensure that Mr. Alegre would not be under the
impression that Council voted in favor of awarding the contract to him solely due to timing
issues. She stated that she is supporting the award of the contract to Alegre Trucking
because they met and followed all the requirements of the bid specifications.
Council Member Hitchcock felt that the Council was making an exception to the typical
process of rejecting bids when they come in well above the engineer's estimate. She
noted that she would vote in favor of awarding the bid, due to the Department's time
constraint.
VOTE:
The above motion carried by a unanimous vote.
E-16 "Adopt resolution authorizing the City Manager to enter into a lease agreement for 210 W.
Pine Street, approve purchase of Office Systems Furniture, and appropriate funds in the
amount of $69,200"
Mayor Pro Tempore Pennino asked for confirmation that Envision will not "double dip" the
City on this lease, and that it would deduct this from the billing.
City Attorney Hays replied in the affirmative and stated that it is a net figure.
15
Continued July 18, 2001
MOTION:
Mayor Pro Tempore Pennino made a motion, Land second, to adopt Resolution No.
2001-179 authorizing the City Manager to sign a lease agreement with Envision Law
Group, LLP, for the use of 210 W. Pine Street, approving the purchase of Office Systems
Furniture and other incidental items to furnish the City's portion of leased space, and
appropriate funds in the amount of $69,200 according to staff recommendation.
DISCUSSION:
Council Member Hitchcock questioned the necessity for this to be funded from the
contingency account and asked why it was not included in the normal budget process.
Deputy City Manager Keeter explained that staff began working on this proposal prior to
the conclusion of the last budget year. There were delays in the lease process with
Envision, and staff did not have time to add it to this year's budget.
Council Member Hitchcock stated that the contingency fund should be used only for
unexpected items and pointed out that this matter was known well in advance.
Mayor Pro Tempore Pennino asked if this issue arose between June 27 and today.
Ms. Keeter acknowledged that it had not arose during that time period and it should have
been included in the budget.
VOTE:
The above motion carried by a unanimous vote.
E-17 "Amend Traffic Resolution by adopting a resolution authorizing the City Manager to notify
the parking restriction duration in the vicinity of Pacific Coast Producers, 32 East Tokay
Street'
Council Member Howard noted that communications related to this item were received by
Council from residents. She summarized that no parking restrictions would be reduced to
a four-month period of time from June 1 through October 15. One of the communications
questioned whether or not the Council should consider rationing the number of permits
per household to five or six.
City Manager Flynn explained that the limitation was established several years at a town
hall meeting. The issue of changing the number of cars that are allowed to be parked by
a single household in a neighborhood, should be discussed at a time when interested
parties are available to provide their comments and concerns.
MOTION / VOTE:
The City Council, on motion of Mayor Nakanishi, Pennino second, unanimously voted to
continue the item regarding the modification of the parking restriction duration in the
vicinity of Pacific Coast Producers, 32 East Tokay Street, to the City Council meeting of
August 1, 2001.
E-19 "Adopt resolution authorizing the City Manager to execute a professional services
agreement with West Yost & Associates for engineering services to prepare a predesign
of Phase I Improvements to the White Slough Water Pollution Control Facility; and
appropriate funds in the amount of $450,000 for the project'
In response to Council Member Hitchcock, Public Works Director Prima explained that
according to the permit, they must have tertiary in operation by June 2004. Staff is
recommending that the next step of design be done on the common improvements. A
significant number of improvements need to be made to the existing secondary plant,
irregardless of whether they go to tertiary, land disposal, or some combination of
discharge to the delta and land disposal. Predesign is the first set of calculations, which
will assist in obtaining better cost estimates. It is prudent to allow for tertiary in the event
Continued July 18, 2001
that at some point in the future it becomes a requirement. Staff is not recommending a
full predesign on tertiary at this time due to its cost of an additional $30,000. Months ago
staff submitted a new permit request to look at land disposal or a combination of land
disposal and discharge to Bishop Cut; however, no reply has been received.
Council Member Hitchcock reported that according to discussions she has had, an
increasing number of cities are going toward land disposal rather than tertiary due to
changing guidelines that have become more strict.
Mr. Prima replied that some cities thought they could do land disposal; however, they
have found that groundwater impacts are extremely sensitive and expensive issues to
address. He reported that staff has started an extensive monitoring program to look at
percolation rates, and the results have not been favorable. Staff has increased their
estimate of acreage needed for land disposal from 400, to up to 800 acres of land. Land
disposal may not be a viable option from an economic standpoint.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Pennino second, unanimously
adopted Resolution No. 2001-180 authorizing the City Manager to execute a professional
services agreement with West Yost & Associates for engineering services to prepare a
predesign of Phase 1 improvements to the White Slough Water Pollution Control Facility;
and appropriate funds in the amount of $450,000 for the project.
ORDINANCES
None.
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Hitchcock thanked staff for coordinating the memorial service for former City
Manager Henry Glaves. She asked whether a Shirtsleeve Session has been scheduled for a
presentation on fluoridating the City's water.
City Manager Flynn replied that it has been scheduled for September 11, and Dr. Bradshaw
has been contacted.
COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
• City Manager Flynn announced that Information Systems Manager Stan Helmle's birthday is
August 3. He commented that the Mayor recently hosted a meeting with Oregon City Council
Members to discuss redevelopment issues.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
12:17 a.m., Thursday, July 19, 2001.
ATTEST:
Susan J. Blackston
City Clerk
17