HomeMy WebLinkAboutMinutes - August 7, 2002LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 7, 2002
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of August 7, 2002 was called to order by Mayor Pennino
at 6:03 p.m.
Present: Council Members — Hitchcock, Howard (arrived at 6:12 p.m.), Land, Nakanishi, and
Mayor Pennino
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Human Resources Director Joanne Narloch regarding International
Brotherhood of Electrical Workers and Mid -Management; Government Code §54957.6
(HR)
b) Conference with Human Resources Director Joanne Narloch, regarding Association of
Lodi City Employees regarding General Services and Maintenance and Operators;
International Brotherhood of Electrical Workers; Lodi Police Dispatchers Association; Lodi
Police Officers Association; United Firefighters of Lodi; and Confidential Employees,
Management, and Mid -Management Employees pursuant to Government Code §54957.6
regarding military buy back (HR)
C-3 ADJOURN TO CLOSED SESSION
At 6:03 p.m., Mayor Pennino adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:57 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:06 p.m., Mayor Pennino reconvened the City Council meeting, and City Attorney Hays
disclosed the following actions.
In regard to Item C-2 (a) and (b) Council gave direction to negotiators.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of August 7, 2002 was called to order by Mayor Pennino at
7:06 p.m.
Present: Council Members — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Bo Crowe, United Congregational Christian Church.
Mayor Pennino presented Pastor Crowe with a Certificate of Appreciation for his many years of
service to the citizens of the community. It was announced that Pastor Crowe was relocating to
New York City.
Mayor Pro Tempore Hitchcock commented that she had admired Pastor Crowe as a leader in the
area of inclusion, peace, and justice and stated that he would be greatly missed.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
Continued August 7, 2002
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 (a) Mayor Pennino presented the following "Helen Putnam Awards for Excellence" on behalf
of the League of California Cities:
Economic Development
Nancy Wilkinson, Executive Director of the Lodi
Conference and Visitors Bureau, awarded for its
Agri -Tourism Program
Physical Environment and Land Use
Rad Bartlam, Community Development
Director, Community Development Department,
and Mike Swearingen (SJCOG) awarded for the
San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan
Public Safety
Jerry Adams, Police Chief, Lodi Police
Department, awarded for the Lodi Police
Department National Night Out. Chief Adams
thanked Carla Code and Jeannie Biskup for
their work on the annual community event.
D-2 (a) Mayor Pennino presented a proclamation to Craig Y. Ogata, Director of Facilities
Management with the County of San Joaquin, in celebration of Micke Grove Zoo's 45`h
Birthday on Saturday, August 3, 2002.
D-3 (a) Megan Hawley and Sweta Patel presented an electronic overhead presentation (filed) on
the Greater Lodi Area Youth Commission's activities and accomplishments. Yvette
Maragliano, Special Projects Coordinator, acknowledged Yuba Grant who prepared the
presentation material and noted that he left in June to attend the United States Air Force
Academy. Mayor Pennino presented a Certificate of Appreciation to Megan Hawley for
her service to the Youth Commission as the chair from 2001-2002. Ms. Maragliano
introduced adult advisors and student members of the Youth Commission. Mayor
Pennino presented Certificates of Appreciation to retiring members Megan Hawley, Sweta
Patel, Michelle Gau, Yuba Grant (absent), and Ashkon Shaahinfar for their service to the
Youth Commission.
D-3 (b) Following introduction by Management Analyst Janet Hamilton, Julie Schumacher,
Program Manager with United Cerebral Palsy, presented Street Superintendent George
Bradley with its Employer of the Year Award. Mayor Pennino presented a certificate from
Senator Machado to Mr. Bradley.
D-3 (c) Following introduction by Ms. Hamilton, Kashif Khan, President of the South Asian Culture
Club, gave a presentation to the City Council on its upcoming Pakistani Independence
Day Mela, which will be held on Saturday, August 10 at the Lodi Lake Youth Area. The
event is sponsored by Community Partnership for Families of San Joaquin, the Lodi Boys
and Girls Club, and the Breakthrough Project. He introduced other members of the Club:
Rehan Anwar, Wiquar Shah, and Mubarik Shah.
Mayor Pennino challenged the Youth Commission to look for ways to partner with the
South Asian Culture Club.
D-3 (d) Steve Dutra, Parks Superintendent, stated that a several mile stretch of the Mokelumne
River forms the northern boundary of the City of Lodi and Lodi Lake Park. The Lodi Lake
nature area is a 58 -acre riparian reserve and is the focal point of a K-6 interpretive
educational program conducted by Lodi Lake Docent Council volunteers, a group which
has been in existence since 1987. In 1994 Lodi's four Rotary Clubs remodeled the
existing concession stand building for the purpose of housing interpretive displays and
conducting educational programs. In October 2000 the Docent Council refurbished part
of the Lodi Lake Discovery Center, subsequent to which Mr. and Mrs. Jay Bell provided
oceanic artifacts for a display. Docent Coordinator Kathy Grant organized a committee,
which has recently updated the Discovery Center display with a theme that focuses on
how the Mokelumne River relates to the community. Mr. Dutra announced that an open
house will be held at the Lodi Lake Park Discovery Center on August 14.
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Continued August 7, 2002
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Nakanishi second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $5,537,462.08.
E-2 The minutes of June 18, 2002 (Shirtsleeve Session), June 18, 2002 (Special Meeting),
June 19, 2002 (Regular Meeting), June 25, 2002 (Shirtsleeve Session), July 2, 2002
(Shirtsleeve Session), July 16, 2002 (Shirtsleeve Session), and July 23, 2002 (Shirtsleeve
Session) were approved as written.
E-3 "Accept the quarterly report of the City of Lodi pooled money investment account as
required by SB564" was removed from the Consent Calendar and discussed and
acted upon followings approval of the Consent Calendar.
E-4 Approved the plans and specifications for Henning Substation, Block Wall and Gate
project, and authorized advertisement for bids.
E-5 "Approve specifications and authorize advertisement for bids for portable stages" was
removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
E-6 Approved the specifications for replacement of carpeting in the Senior Center at Hutchins
Street Square and authorized advertisement for bids.
E-7 Adopted Resolution No. 2002-164 awarding the bid for the purchase of one Battery
Capacity Test System to the sole bidder, Power Services Group, of Santa Rosa, CA, in
the amount of $8,345.24; and appropriated funds for this purchase.
E-8 Adopted Resolution No. 2002-165 accepting the improvements under the "Armory Park
Bleacher Improvements," 333 North Washington Street.
E-9 "Adopt resolution accepting equipment and installation at Lodi Skate Park" was removed
from the Consent Calendar and discussed and acted upon following approval of
the Consent Calendar.
E-10 Adopted Resolution No. 2002-166 vacating a portion of the public utility easement at 827
Black Diamond Way.
E-11 Adopted Resolution No. 2002-167 taking the following action with regard to the Tienda
Place, Unit No. 1 development:
• Approved the Addendum to the Improvement Agreement for the Public Improvements
of Tienda Place, Tract No. 3141, and directed the City Manager and City Clerk to
execute the Addendum to the Improvement Agreement on behalf of the City;
• Authorized the City Manager to execute an amendment to the Agreement for
Maintenance of Landscape Area within State Highway Right of Way, State Route 12
in the City of Lodi with Caltrans, and a Maintenance Agreement with the developer
covering developer's responsibilities for landscape improvements in the Kettleman
Lane right of way; and
Appropriated funds for applicable reimbursements.
E-12 Adopted Resolution No. 2002-168 authorizing the City Manager to extend the consulting
services agreement with Borismetrics to provide professional services to the Electric
Utility Department in the amount of $50,000 at a reduced billing rate.
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Continued August 7, 2002
E-13 Adopted Resolution No. 2002-169 supporting the Office of Traffic Safety Bicycle and
Pedestrian Safety Program Grant and authorizing the City Manager to execute the Project
Agreement, PS0310.
E-14 "Set public hearing for August 21, 2002 to consider the appeal from Neumiller &
Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's
decision to revoke Use Permit No. 99-02 for Legends Unlimited" was removed from the
Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-3 "Accept the quarterly report of the City of Lodi pooled money investment account as
required by SB564"
NOTE: Due to a potential conflict of interest related to his employment with Farmers and
Merchants Bank, Council Member Land abstained from discussion and voting on this
matter.
MOTION / VOTE:
The City Council, on motion of Council Member Howard, Nakanishi second, accepted the
quarterly report of the City of Lodi pooled money investment account as required by
SB564. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Nakanishi, and Mayor Pennino
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Land
E-9 "Adopt resolution accepting equipment and installation at Lodi Skate Park"
PUBLIC COMMENTS:
• Barbara McWilliams stated that the roller blades and bicycles at the Skate Park are
relatively quiet; however, the sound the skate boards make resembles a roller
coaster. She recalled that the previous noise study indicated that residents would not
be able to hear sounds coming from the Skate Park over the sound of the traffic. She
asked if there was any way to dull the sound. She reported that there have been two
occasions where the Park remained open beyond agreed upon closing times and
untruths were told by Park operators. She asked that this be addressed and stated
that residents would like a limitation made on the number of special events.
Mayor Pennino asked staff to look into the possibility of rubberizing part of the surface to
diminish the skate board sound and informed Ms. McWilliams that results of another
noise study will be forthcoming.
Council Member Land expressed his displeasure about the two incidents that have taken
place and stated that the contract with the Skate Park operators must be adhered to.
In reply to Mayor Pro Tempore Hitchcock, Parks and Recreation Director Baltz stated that
staff would aggressively, directly, and quickly address the matter of the Park exceeding
the time limit.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously
adopted Resolution No. 2002-170 accepting the equipment and installation at Lodi Skate
Park, 1145 South Ham Lane.
4
Continued August 7, 2002
E-14 "Set public hearing for August 21, 2002 to consider the appeal from Neumiller &
Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's
decision to revoke Use Permit No. 99-02 for Legends Unlimited"
Mayor Pennino noted that Council received a "blue sheet" on this item (filed).
PUBLIC COMMENTS:
• Anthony Vignolo, attorney representing Legends Unlimited, reported that at the July
10 Planning Commission hearing regarding this matter one of the Commissioners
suggested to his client that she apply for a type 48 liquor license, stating that it was
his opinion that the Commission would be favorable if she took that approach.
Mr. Vignolo asked Council to extend the public hearing date to October 16, which
would allow the Alcoholic Beverage Control (ABC) time to process the exchange of
liquor license type from 47 to 48. He noted that if the exchange is approved, the
appeal would be withdrawn.
Council Member Howard acknowledged that she spoke with Mr. Vignolo yesterday who
stated that he would be submitting the application for the exchange of liquor license type
on behalf of his client. She asked staff whether Legends would remain under the same
requirements through the extended time if Council chose to set the public hearing for
October.
Community Development Director Bartlam explained that as long as there is an appeal
filed and it is pending Council action, the Planning Commission's action is put in abeyance
until a final decision is made by Council.
In response to Council Member Howard, Mr. Vignolo reported that his client has
submitted the completed application to the ABC. Additional documents related to the
business must also be filed, which he believed could be accomplished by next Monday.
Council Member Land also acknowledged that he spoke previously with Mr. Vignolo.
In answer to various questions posed by Council Member Land, Mr. Bartlam reported that
it is staffs opinion that a type 48 liquor license would require a Use Permit to be reviewed
and considered by the Planning Commission. Assuming that the ABC application is filed
in a timely manner, the Use Permit could be reviewed by the Commission by October 16.
Mr. Bartlam recalled that staff began meeting with representatives of Legends in June
2001. Previously the Planning Commission had been shown a purchase agreement by
the representatives of Legends, which showed a closing date of September 18 to sell the
business. The Commission's action was to revoke Use Permit 99-02 effective September
19 if the change of ownership did not occur.
Council Member Land believed that adequate time had already been given to the
Legends owner and preferred to set the public hearing for August 21.
In response to Mayor Pro Tempore Hitchcock, Mr. Vignolo explained that the Planning
Commission revoked the Use Permit on the grounds that Legends was not operating as a
bona fide restaurant, which its type 47 liquor license requires. It was the Commission's
impression that Legends should be operating under a bar liquor license (type 48). He
stated that his client does not wish to be in the business any longer; however, she also
does not want to be in a position where she is forced to sell because her business is
worth nothing more than the liquidation value of the assets, which is the position she is in
now. Once the liquor license type is changed to 48, his client will have a better
opportunity of receiving fair market value for the business. He reported that after June
2001 Legends increased security, instituted a dress code, had a "no tolerance" policy, and
increased menu items. The City's response to these measures was that they were not
sufficient, and a recommendation was made to renovate the business into a full
restaurant. He stated that such a renovation would cost in excess of $200,000 and his
client was not prepared to take that step.
5
Continued August 7, 2002
Mayor Pro Tempore Hitchcock agreed with the October 16 public hearing date request
contingent upon the ABC application being filed prior to August 21.
Council Member Nakanishi acknowledged that he too spoke with Mr. Vignolo previously
and supported the request to hold the public hearing on October 16.
Mayor Pennino suggested that the public hearing be set for August 21, at which time it
could be continued to October 16 if the Council so desired. He also acknowledged
speaking with Mr. Vignolo previously. He encouraged the owner of Legends to make
changes to the business, indicating that some of the activities that have taken place there
were inappropriate.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously set
public hearing for August 21, 2002 to consider the appeal from Neumiller & Beardslee, on
behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke
Use Permit No. 99-02 for Legends Unlimited.
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
Arthur Price stated that his utility bill has increased 29.5% since last year due to charges for
infrastructure replacement. He supposed that Council must have been shocked when
citizens filed a referendum petition against the Redevelopment Plan. He believed it to be a
clear indication that Council should be more prudent in considering fees, taxes, etc. and
remember that the citizens are paying for them. He reminded Council that an election will
occur in November and hoped that they would reconsider carefully the projects being planned
for.
Council Member Howard explained that the issue of replacing aging outdated water and
wastewater pipes was brought before Council last year. She felt it was appropriate and
important to increase the rates so that the City could plan ahead for infrastructure
replacement. She pointed out that over the last ten years there were no rate increases, and
stated that it was unfortunate that rates were not incrementally increased over the years,
which would have prevented such a large increase at one time.
Mr. Price stated that the Council should use some restraint and take a harder look at projects
before approving them. In reference to the Skate Park project, Mr. Price expressed his
opinion that it was a "railroad job" from the beginning.
Council Member Nakanishi reported that throughout the country aging infrastructure is a
critical issue. Lodi has a plan and will be replacing its outdated water and wastewater pipes
starting on the east side.
At the request of Council Member Nakanishi, Public Works Director Prima reported that Lodi
is unique in that it has a formal and adopted policy to fund replacement of its older
infrastructure. The target is to replace 1% of the system annually, which is a 100 -year
lifecycle. Work will begin in the older area on the east side of the City. A request to award a
contract for the first major project will be brought to Council at its next meeting.
In response to Mayor Pro Tempore Hitchcock's questions related to the $6 million payment
toward PCE/TCE litigation, Mr. Prima clarified that the basis for the rate increase was due
entirely to the infrastructure program. A large infusion of cash was received under the
settlement for DBCP a number of years ago and in effect, operations were done off that until
the water fund balance became quite low.
City Manager Flynn clarified that when the rate analysis was done it was based upon what the
needs were to replace infrastructure on a year to year basis, as opposed to what the fund
balance was. Required reserves were considered, as well as the need to address
infrastructure in the entire community, not just the east side.
Continued August 7, 2002
Mayor Pro Tempore Hitchcock addressed Mr. Price and stated that Council considers raising
rates very carefully, and in fact it is often put off too long and eventually it gets to the point
where rates must be raised significantly, as has happened recently.
Mayor Pennino asked Mr. Prima to send Mr. Price information related to how it was
determined and why the rates increased.
Council Member Land reported that his utility bill increased 75%, much of which he attributed
to hot weather and extended use of his air conditioning. He warned that rates may be raised
further due to State mandates, which will necessitate a $40 million project to upgrade the
wastewater treatment plant.
• Gale Nottingham stated that she manages the Meadows apartments and residents have
complained about traffic problems at the intersection of Mills Avenue and Century Boulevard.
There is frequent speeding taking place on Century Boulevard and she expressed concern
about pedestrian safety. She asked that a stop sign or lights be installed, as well as additional
speed limit signs.
Mayor Pennino asked staff to look into the matter and report back to Ms. Nottingham and
Council.
Council Member Nakanishi expressed support for Ms. Nottingham's request and agreed with
her concerns.
• Jerry Glenn invited Council and residents to participate in the 3rd Annual Swing for a Child
Golf Tournament at Micke Grove Park on August 26. Proceeds benefit Lodi Adopt -A -Child
programs, which Mr. Glenn described.
• Arthur Price spoke in response to Ms. Nottingham's concerns and stated that he had been
assured by Mr. Prima eight weeks ago that a stop sign would be installed. He agreed that
speeding is a problem in the area and traffic would likely be increasing. He believed that a
four-way arterial is required.
• Judy Rowe stated that she attended the Parks and Recreation Commission last night where it
was voted unanimously to approve her request for a memorial plaque in memory of her son
who died August 16, 2001. Today she was told that approval is also needed from the Council.
City Manager Flynn stated that staff is developing a policy for such requests.
Council Member Land pointed out that the City accepted Ms. Rowe's money for a tree and
bench nearly a year ago, and emphasized his desire that staff act rapidly to install the plaque.
Council Member Howard felt that it was important to follow standard approval procedures.
Ms. Rowe pointed out that her request was submitted prior to two other similar requests,
which have already been approved.
Council Member Nakanishi supported Ms. Rowe's request.
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 Pennino called for the Public Hearing to
consider the introduction of an ordinance amending Chapter 13.20, Electrical Service, by
amending §13.20.204 relating to the Residential All Electric SHARE Program Service.
Sondra Huff, Senior Electric Utility Rate Analyst, explained that earlier in the year income
limits were increased that allow customers to take part in the Single Household
Alternative Rate for Energy (SHARE) program, which provides reduced electric rates.
7
Continued August 7, 2002
The All Electric was excluded at that time, and staff is now requesting to include the
group, effective October 1.
Council Member Land read the rates as listed on Schedule EF (filed).
Hearing Opened to the Public
None.
Public Portion of Hearina Closed
MOTION / VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously
introduced Ordinance No. 1716 approving the revision to the Residential Single
Household Alternative Rate for Energy (SHARE) Schedule ER income eligibility
requirements for the Electric Utility Department, which shall become effective October 1,
2002.
H. COMMUNICATIONS
H-1 Claims filed against the City of Lodi — None
H-2 Reports: Boards/Commissions/Task Forces/Committees — None
H-3 Appointments
a) The City Council, on motion of Council Member Land, Nakanishi second,
unanimously made the following appointments and reappointments to various
boards and commissions:
Greater Lodi Area Youth Commission
Student Appointees:
Carly Casey
Term to expire August 30, 2003
Gabi del Castillo
Term to expire August 30, 2003
Joey Nardinelli
Term to expire August 30, 2003
Courtney Cook (Reappt)
Term to expire August 30, 2004
Ricky Gill
Term to expire August 30, 2004
Mary Goad
Term to expire August 30, 2004
Katie Wagenman (Reappt.)
Term to expire August 30, 2004
Katherine Whitmire (Reappt.)
Term to expire August 30, 2004
Adult Appointees:
Richard Dean, LUSD (Reappt.)
Term to expire August 30, 2005
Jeff Fleak (Reappt.)
Term to expire August 30, 2005
Library Board of Trustees
Juan Villarreal
Lodi Arts Commission
Ann Falos
James Harvey (Reappt.)
Cynthia Inman (Reappt.)
Jennifer Walth (Reappt.)
Planning Commission
Dennis Haugan
H-4 Miscellaneous — None
�:3
Term to expire June 30, 2005
Term to expire July 1, 2005
Term to expire July 1, 2005
Term to expire July 1, 2005
Term to expire July 1, 2005
Term to expire June 30, 2006
Continued August 7, 2002
RECESS
At 9:02 p.m., Mayor Pennino called for a recess and the City Council meeting reconvened at
9:15 p.m.
REGULAR CALENDAR
1-1 "Adopt resolution authorizing the City Manager to provide a Public Benefits Program
Grant in the amount of $25,000 to extend the Lodi Cooling Cash Rebate Program"
Sondra Huff, Senior Electric Utility Rate Analyst, reported that the Lodi Cooling Cash
Rebate program has been very successful and staff is requesting $25,000 to extend the
program through September. It allows customers to receive rebates from $50 to $225 per
ton on central heating and air conditioning units depending on the seasonal efficiency
rating of the unit they purchase.
MOTION/ VOTE:
The City Council, on motion of Mayor Pro Tempore Hitchcock, Nakanishi second,
unanimously adopted Resolution No. 2002-171 authorizing the City Manager to provide a
Public Benefits Program Grant in the amount of $25,000 to extend the Lodi Cooling Cash
Rebate Program.
1-2 "Adopt resolution authorizing the City Manager to approve Contract Amendment No. 1 to
professional services contract with Mark Thomas and Company for additional services for
Lower Sacramento Road (Harney Lane to Kettleman Lane) project design and
environmental services ($77,314)"
Wally Sandelin, City Engineer, reported that the second phase of the Lower Sacramento
Road project will occur as a County project in Woodbridge and will include a portion of
Woodhaven Lane. The third phase of the project will widen the portion of Lower
Sacramento Road from Kettleman Lane to Harney Lane and will be a cooperatively
funded project. The City took over the project from the County with its concurrence.
Mr. Sandelin described the project as noted in the staff report. He stated that the majority
of property owners on the west side of Lower Sacramento Road have approached the
City with an offer to dedicate the right of way at no cost. That resulted in several
alternatives for the interim project. The ultimate decision was made for a 120 foot right of
way. In addition the Federal Highways Administration has expanded the scope of the
environmental studies.
In response to Council Member Nakanishi, Mr. Sandelin anticipated that a request for
authorization to bid the project will be brought forward to Council in June 2003. Staff has
completed the design of Century Boulevard extension from its terminus near Sage Way to
Lower Sacramento Road. If there are adequate funds at the time staff comes before
Council with a request to bid Lower Sacramento Road, they will make a request to bid
both projects concurrently.
In reply to Mayor Pro Tempore Hitchcock, Mr. Sandelin reported that at the location
opposite of the future intersection with Century Boulevard there are some duplex units
that are close to Lower Sacramento Road. At this point, the proposed project will not
impact those units other than bringing the road close to their existing location. There is no
relocation anticipated at this time; however, in the event the Federal Highway
Administration (FHWA) requires additional studies, due to the proximity of these
structures, staff has included the work (approximately $13,000) in the change order.
0
Continued August 7, 2002
MOTION /VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously
adopted Resolution No. 2002-172 authorizing the City Manager to approve the requested
Contract Amendment No. 1 for Lower Sacramento Road Project design and
environmental work for $77,314, which would result in a total revised appropriation of
$396,854 for preliminary engineering, environmental review, design, and limited
construction services.
1-3 "Adopt resolution authorizing the City Manager to execute two agreements that will
provide for the transition from the expiring Pacific Gas & Electric (PG&E) Interconnection
Agreement with the City of Lodi for the provision of transmission and ancillary services to
the California Independent System Operator (CAISO) being the new provider with the
Northern California Power Agency (NCPA) acting as Lodi's agent: 1) Letter of Agreement
with NCPA to commit NCPA as Lodi's agent for CAISO activity under the Metered Sub
System agreement; and 2) PG&E Replacement Interconnection Agreement with PG&E
and NCPA and other City members" was pulled from the agenda pursuant to staffs
request.
1-4 "Adopt resolution amending Traffic Resolution #97-148 approving the conversion of
Pleasant Avenue, from Locust Street to the alley south of Locust Street, from one-way
traffic (northbound) to two-way traffic"
Public Works Director Prima reported that as part of the police building project, a portion
of Pleasant Avenue was abandoned from Elm Street to the alley, leaving a half block from
the alley to Locust Street. Staff felt that it would be best to remove the parkway strip on
each side of the street from the alley north to Locust Street, which would add about three
feet of width to the street and allow two-way traffic. Property owners have been informed.
Council Member Land asked Mr. Prima if he was confident that adding three feet would
accommodate two way traffic and parking on both sides of the street.
Mr. Prima replied in the affirmative.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, unanimously
adopted Resolution No. 2002-173 amending Section 1A of Traffic Resolution #97-148
approving the conversion of Pleasant Avenue, from Locust Street to the alley south of
Locust Street, from one-way traffic (northbound) to two-way traffic.
1-5 "Adopt resolution approving participation in Mokelumne River Water Forum Feasibility
Assessment ($5,000)"
Public Works Director Prima explained that the Mokelumne River Water Forum Feasibility
Assessment is not a formal study and the outcome will not result in a project. He stated
that water issues today in terms of supply are extremely complex, political, emotional, and
have a lot of outside issues, which are no longer just related to engineering. During the
Feasibility Assessment, the Center for Public Dispute Resolution will conduct interviews to
determine how stakeholders might come together to manage the Mokelumne River for
water supply. The total Assessment cost will be approximately $60,000 and staff
recommends that the City put $5,000 toward this to demonstrate interest in being involved
with discussion related to the Mokelumne River.
Council Member Land stated that he had met with the East Bay Municipal Utility District
(EBMUD) Board approximately one and a half years ago and expressed an interest on
behalf of the City to partner with EBMUD. He commented that a way must be found to
better utilize the surplus water at Pardee during surplus years.
In reply to Mayor Pro Tempore Hitchcock, Gerald Schwartz, representing EBMUD,
estimated that the assessment phase would take between six months to one year.
Subsequent to the assessment is the educational phase, at which each district is
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Continued August 7, 2002
informed about the others needs and problems. Next would be an analysis phase and a
negotiation phase. He recalled that the Sacramento Water Forum took six and a half
years to complete. The City's $5,000 contribution would be only toward the assessment
phase. Other costs will be decided when stakeholders negotiate.
Council Member Nakanishi asked Mr. Schwartz to convey Lodi's desire to work with
EBMUD. He expressed support for the Water Forum Assessment and warned that water
will be the next crisis in California. Alternative sources must be found to Lodi's
diminishing groundwater supply.
Council Member Howard stated that many different groups have met over the last ten
years to try and improve the Mokelumne River area water supplies, but nothing
substantial has been done. She asked how the Water Forum Assessment approach
might be different.
Mr. Schwartz explained that previous attempts have brought only two groups together at a
time, which leaves other interested parties out and creates tension. The assessment
process brings everyone together. North San Joaquin Water Conservation District and
Stockton East Water District have both offered to be co-sponsors of the assessment
phase. Mr. Swartz stated that he plans to make a presentation to the San Joaquin County
Water Advisory Commission to encourage participation by the County as well. He
explained that potential stakeholders will be identified through the assessment phase.
Council Member Nakanishi reported that he has served on the Water Advisory
Commission for the past four years, and expressed his support for Council Member
Howard to serve on the Commission. He attributed the current water crisis in California to
the divergent views and disagreements between the various stakeholders, meetings of
which he likened to "herding cats"
MOTION / VOTE,
The City Council, on motion of Council Member Land, Nakanishi second, unanimously
adopted Resolution No. 2002-174 approving participation in the Mokelumne River Water
Forum Feasibility Assessment and authorizing a contribution of $5,000 for the project.
1-6 "Review and consider approval of agreement between City of Lodi and Lodi Unified
School District for lifeguard services"
Mayor Pennino announced that Council received a draft agreement (filed) related to this
item just before tonight's meeting. Staff is asking Council to approve going forward with
Lodi Unified School District (LUSD) in an effort to bring back an agreement for Council
consideration at a future meeting.
City Manager Flynn explained that after a drowning occurred eight weeks ago, LUSD
asked the City to consider providing lifeguard services.
Parks and Recreation Director Baltz clarified that the issue before Council is regarding the
City providing lifeguards at Lodi and Tokay High School pools. LUSD would like two
lifeguards at each physical education class, which would amount to 2,000 hours during
five to six months out of the year. Staff has concerns about liability, cost, and lifeguard
recruitment capabilities. Of the City's 40 seasonal lifeguards, only one expressed an
interest in working in this capacity at the high schools. Mr. Baltz stated that if the City
were to provide lifeguard services to LUSD, an administrative fee of perhaps 10% based
on the salary of the recreation supervisor would need to be negotiated.
Council Member Nakanishi expressed support for assisting LUSD as long as the school
lifeguard program would remain separate from the aquatics programs provided at
Hutchins Street Square.
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Continued August 7, 2002
In response to inquiries by Council Member Land, Bill Huyett, LUSD Superintendent,
explained that it would be cost prohibitive for LUSD to replicate the lifeguard training and
supervision that the City has in place. LUSD fully intends to pay for all costs related to the
City providing these services to Lodi and Tokay High Schools. He reported that last night
the Board of Education approved the aquatics safety plan and authorized the
superintendent to enter into an agreement with the City.
Council Member Land expressed concern about liability issues and the fact that there
have been increased demands placed on Parks and Recreation staff due to the Skate
Park, and proposed Indoor Sports Center and Aquatics Facility.
City Attorney Hays stated that if an agreement were pursued the City would try to
structure an agreement in which LUSD would both absorb liability and indemnify the City.
He noted, however, that such agreements are entered into with the best intentions, but
when an incident occurs parties often find themselves fighting over whether or not a
particular event is covered by the agreement. He shared Mr. Land's concern and
expressed apprehension about the City entering into an agreement to provide lifeguard
services to the high schools.
Mayor Pro Tempore Hitchcock also expressed concern about liability.
Mr. Baltz reported that seasonal lifeguards are paid just under $8 per hour. To assist in
attracting lifeguard candidates, discussion has taken place of increasing the rate of pay
for regular lifeguards to $10 an hour, and head lifeguards to $14 an hour.
Council Member Howard agreed with previously expressed concerns related to liability. If
the matter is pursued, she preferred that lifeguard coverage of the City's aquatic facilities
take priority over staffing the high schools. She suggested that LUSD consider
organizations such as the YMCA for lifeguard services.
Mayor Pennino stated that paying different hourly rates is problematic and would likely
cause a domino effect. Employing additional lifeguards would create an additional burden
for the City, which has not made a practice of hiring and laying off employees. The
administrative fee should take into consideration: salary, benefits, overhead, other staff
time, cost for Human Resources to do advertising and hiring, etc. Should this matter be
pursued, he preferred that LUSD hire the lifeguards and contract with the City for training
only.
In response to concerns expressed about liability, Mr. Flynn pointed out that LUSD allows
the City to use their property for programs, and LUSD assumes the liability for the City.
Mr. Huyett summarized that he heard a willingness tonight from Council to continue to
work together in the area of staff development and advice, but there is not support in
terms of employment and supervision of program development.
Mayor Pennino recommended that Council give approval for staff to continue to work with
LUSD.
Mayor Pro Tempore Hitchcock believed that Council is open to providing lifeguard
services if there is a way to sever the City's liability and LUSD pays for all costs involved.
Council Member Howard stated that she was not in total agreement with moving forward
with formal discussions of any kind.
12
Continued August 7, 2002
MOTION 1 VOTE:
The City Council, on motion of Council Member Nakanishi, Hitchcock second, authorized
staff to continue discussions with Lodi Unified School District for lifeguard services. The
motion carried by the following vote:
Ayes: Council Members — Hitchcock, Nakanishi, and Mayor Pennino
Noes: Council Members — Howard and Land
Absent: Council Members — None
E-5 "Approve specifications and authorize advertisement for bids for portable stages"
Mayor Pro Tempore Hitchcock explained that she pulled this item from the Consent
Calendar because funding is requested from the contingency fund. She questioned why it
was not budgeted for.
City Manager Flynn stated that the City has only one portable stage at Hutchins Street
Square, which is used extensively. The Parks and Recreation Department, as well as
others, have a need for this equipment.
In response to Council Member Howard, Mr. Flynn confirmed that the portable stages
would be available for any City department to use.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hitchcock, Howard second,
unanimously approved the specifications for six sections of portable stage, with risers,
rails, and drapes for use by City departments as needed and authorized advertisement for
bids.
ORDINANCES
J-1 Ordinance No. 1715 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Title 9, Public Peace, Morals, And Welfare, By Adding Chapter 9.19 — Political
Sign Regulations" having been introduced at a regular meeting of the Lodi City Council
held July 17, 2002 was brought up for passage on motion of Mayor Pro Tempore
Hitchcock, 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, Nakanishi, and Mayor Pennino
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Council Member Nakanishi announced that he attended the Vietnam Veteran Memorial event
at Cherokee Memorial Park and asked that Council present a certificate of appreciation to
representatives of Cherokee Memorial Park, the Lodi News -Sentinel, Stockton Record, and
Penny Saver for their contributions and efforts in getting the Vietnam Moving Wall display in
Lodi.
• Council Member Howard commented on the following:
➢ She and Ms. Hitchcock also attended the Vietnam Memorial event.
➢ She attended the Lodi Greater Area Prayer Breakfast on August 2, at which John Dawson
was the guest speaker. She thanked Council Members Hitchcock, Land, and Nakanishi
for participating.
➢ The Salvation Army plans to move from Lockeford Street to Stockton Street in February
2003. She serves on the Steering Committee and noted that people are being sought to
assist with the Salvation Army's goal to raise $1 million to pay for the new building. She
thanked Pat Patrick for serving as Chair.
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Continued August 7, 2002
➢ Lt. Virgil Monroe served as her escort at the National Night Out event. Lt. Monroe
volunteers as a baseball coach for underprivileged youth and will be taking a group of
children to the Giants game.
➢ She thanked the following hosts at National Night Out: Jackie Space, Nancy Gillespie,
Marge Stewart, Nancy Campbell, Patty Kerstand, and Glenn Schiller.
• Council Member Land asked the City Manager to ensure that businesses and residents are
notified prior to closing streets for filming purposes. He received a complaint from Mr. Zupo
and other businesses that they were not notified prior to yesterday's filming. He read the
following statement from a steam field operation forecast report dated June 2002: "The near
constant generation from a geothermal field for more than a decade is unprecedented in the
geothermal industry and is due to the many steam fields and plan enhancements undertaken
by NCPA. The monthly production history also shows the reliability and viability of geothermal
as a clean, green, renewable energy source." He stated that this shows that NCPA is doing a
good job maintaining the geothermal plants in Sonoma County. Electric Utility has been
receiving a lot of calls from customers asking how to sign up for the Home Comfort Discount
Program, and he clarified for the viewing audience that it is automatic.
• Mayor Pro Tempore Hitchcock inquired about recent work being done on Lower Sacramento
Road.
Public Works Director Prima explained that the original contract had specified a top coat of a
special rubberized open graded surfacing treatment. It needed to be applied in warm
weather, so it was held over until this year.
Mayor Pro Tempore Hitchcock expressed the following concerns, comments, and requests:
➢ The Prayer breakfast was wonderful and Ms. Howard did an excellent job being a speaker
and helping with the program.
➢ She and Ms. Howard attended the Wet -n -Wild event coordinated by the Youth
Commission. She suggested that in the future, consideration be given to decreasing the
range in age groups (12 to 18 years) which attend the event, as well as limiting the
number of attendees. She acknowledged the work done by Sweta Patel and Megan
Hawley on the event.
➢ National Kids Day was a wonderful event. April from the Boys and Girls Club coordinated
the event and utilized youth for assistance. Carla Cole participated in the event with
Crime Stoppers, and a fire truck was present.
➢ She thanked Lt. Somera for escorting her at the National Night Out event and allowing her
to drive his police car. She noted that the community policing concept is very successful
as was evident by how many citizens knew Lt. Somera.
➢ She asked that an update on the greenbelt issue be placed on a future agenda.
She expressed concern about the PCE/TCE situation. She asked that an item be placed
on a future agenda to consider whether to get a second opinion on the matter. She noted
that the City continues to spend money and fight decisions. She believed that the City
has a responsibility to give out the entire story, not just the positive aspects.
Mayor Pennino suggested that the matter be discussed in a closed session meeting.
Council Member Howard interjected that the Youth Commission will be having its regular
monthly meeting this Thursday at Hutchins Street Square, 7:00 p.m., at which the public is
invited. She stated that she would relay Ms. Hitchcock's concerns about the Wet -n -Wild
event to the Commission.
• Mayor Pennino asked various questions related to the proposed four major projects, to which
City Manager Flynn provided the following information:
➢ DeBenedetti Park is currently in construction design drawing.
➢ Indoor Sports Center — staff will bring the schematic design back to Council and ask for
direction at the next meeting to move forward for construction.
➢ Animal Shelter is in construction design and staff anticipates bringing the matter back to
Council in October. Funds are set aside for the project.
14
Continued August 7, 2002
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
• City Manager Flynn announced the following birthdays:
➢ Steve Schwabauer — August 8
➢ Rad Bartlam —August 19
➢ Roger Baltz — August 30
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:55 p.m.
ATTEST:
Susan J. Blackston
City Clerk
15