HomeMy WebLinkAboutMinutes - September 7, 2005LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 7, 2005
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of September 7, 2005, was called to order by
Mayor Beckman at 6:00 p.m.
Present: Council Members — Hansen, Hitchcock (arrived at 6:03 p.m.), Johnson, Mounce, and
Mayor Beckman
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Blair King, City Manager, and/or Jere Kersnar, Interim Deputy City
Manager (Acting Labor Negotiators), regarding International Brotherhood of Electrical
Workers and Mid -Management Employees pursuant to Government Code §54957.6.
b) Actual litigation: Government Code §54956.9(a); one case; People of the State of
California: and the City of Lodi. California v. M & P Investments, et al.; United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
C) Actual litigation: Government Code §54956.9(a); one case; Hartford Accident and Indemnity
Company, et al. v. City of Lodi, et al., Superior Court, County of San Francisco, Case
No. 323658
d) Conference with legal counsel — anticipated litigation — significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9; one case; pursuant to Government Code
§54956.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be disclosed
e) Actual litigation: Government Code §54956.9(a); one case; Fireman's Fund Insurance
Company v. City of Lodi, et al.. United States District Court, Eastern District of California
Case No. CIV -S-98-1489 FCD JFM
f) Actual litigation: Government Code §54956.9(a); one case; City of Lodi v. Michael C.
Donovan, an individual, Envision Law Group. LLP, et al., San Joaquin County Superior
Court, Case No. CV025569
C-3 ADJOURN TO CLOSED SESSION
At 6:00 p.m., Mayor Beckman adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:56 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:00 p.m., Mayor Beckman reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions:
In regard to Items C-2 (a), (c), (d), (e), and (f), no reportable action was taken in closed session.
In regard to Item C-2 (b), Council approved entering into a joint cost sharing agreement for $130,000
in the south central western plume, which will be spent to study the contamination in the area.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of September 7, 2005, was called to order by Mayor Beckman at
7:00 p.m.
Present: Council Members — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
Continued September 7, 2005
B. INVOCATION
The invocation was given by Reverend Kevin Suess, Lodi Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Beckman.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Mayor Beckman presented a proclamation to Winona Ellwein, representing Worknet,
proclaiming the week of September 24 — 30, as "Employ the Older Worker Week" in the
City of Lodi.
D-2 (b) Mayor Beckman presented a proclamation to Stephanie Allen, Library Services
Coordinator, proclaiming Thursday, September 8, as "International Literacy Day" in the City
of Lodi.
D-2 (c) Mayor Beckman presented a proclamation to Julie Hayden, President of the Lodi -
Woodbridge Rose Society, proclaiming the week of September 18 — 24, as "Lodi Week of
the Rose" in the City of Lodi.
D-2 (d) Mayor Beckman presented a proclamation to Kathy Grant, representing the Public Works
and Parks and Recreation Departments, proclaiming September 17, as "California Coastal
Cleanup Day" in the City of Lodi.
D-3 (a) Following introductory comments by Tom Alexander, representing the City of Lodi and
Boosters of Boys and Girls Sports, Mayor Beckman presented a Certificate of Recognition
to Lodi Extreme, the 16 and under girls' softball team, for placing 6th in the Babe Ruth
World Series. Special mention was given to Jessica Smith, who won the home run derby
during opening ceremonies.
D-3 (b) Police Chief Jerry Adams and Crime Prevention Officer Andrea Patterson presented awards
to the following top three blocks that participated in this year's National Night Out theme —
Celebrate McGruffs 25 Years of "Taking a Bite Out of Crime":
1st Place 400 E. Pine — Block Captains Erica Naves and Clara Lagorio
2nd Place 2127 Tracy Place — Block Captain Deanna Boyles
3rd Place 1041 Awani — Block Captains Kay Tupper and Joan Morrison
Certificate of Achievement for Crime Prevention was also awarded to Brooke Leoni (11
years old) for being the youngest Block Captain.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Johnson, Beckman second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $4,303,716.25.
E-2 The minutes of July 6, 2005 (Regular Meeting), July 20, 2005 (Regular Meeting), and
August 23, 2005 (Shirtsleeve Session) were approved as written.
E-3 Accepted the Quarterly Investment Account report as required by law SB 564.
2
Continued September 7, 2005
E-4 Received report of the sale of scrap metal in the amount of $4,036.42.
E-5 "Adopt resolution approving plans and specifications; authorizing advertisement for bids for
Elm Street Paving Stone Replacement Project, School Street to Sacramento Street;
authorizing the City Manager to award or reject the contract up to $65,000; and
appropriating $75,000" was removed from the Consent Calendar and discussed and
acted upon following approval of the Consent Calendar.
E-6 Adopted Resolution No. 2005-173 approving the specifications, authorizing advertisement
for bids for Lane Line Striping for Various City Streets 2005, and authorizing the City
Manager to award or reject the contract up to $35,000.
E-7 Approved the specifications and advertisement for bids for 22,000 feet of #750kcmil 600 -volt
insulated aluminum cable for the Electric Utility Department.
E-8 Adopted Resolution No. 2005-174 awarding the purchase of 20 wood utility poles to North
Pacific Lumber, of Portland, OR, in the amount of $9,083.33.
E-9 Adopted Resolution No. 2005-175 authorizing the renewal of IBM hardware maintenance
contract for the City's IBM AS400 computer and peripheral devices from Logical Design,
Inc., of Rancho Cordova, CA, in the amount of $14,615 and granting the City Manager
authority to approve subsequent annual renewals.
E-10 Adopted Resolution No. 2005-176 awarding the contract for Lower Sacramento Road
Median Landscaping and Irrigation Project, Kettleman Lane to Harney Lane, to Odyssey
Landscape, of Stockton, in the amount of $186,100.40.
E-11 Adopted Resolution No. 2005-177 awarding the contract for Traffic Signal Preventive
Maintenance and Repair Program X05 to Republic Electric, of Novato, in the amount of
$9,568.
E-12 Adopted Resolution No. 2005-178 accepting the improvements under the contract for the
Furnish and Install Bus Wash System Project and appropriating funds in the amount of
$25,000.
E-13 Adopted Resolution No. 2005-179 authorizing the City Manager to sign the annual
service/license agreement with Data 911, of Alameda, California, and authorizing payment
using funds in the amount of $65,547.51 previously approved in the 2005-06 police budget.
E-14 Adopted Resolution No. 2005-180 authorizing the City Manager to execute a professional
engineering services contract with Mark Thomas & Company, Inc., appropriating $60,000
for conceptual design work for State Route 12 and 99 Interchange Reconstruction Project,
and authorizing the City Manager to execute San Joaquin Council of Governments
Cooperative Agreement for the project funding.
E-15 Adopted Resolution No. 2005-181 authorizing the City Manager to execute professional
engineering services contracts with RMC Water and Environment and West Yost
Associates for water supply services and appropriating $60,000.
E-16 Approved Phase 3 improvements design task order for West Yost & Associates for White
Slough Facility in the amount of $1,600,000.
E-17 Adopted Resolution No. 2005-182 approving technical services task order with Treadwell &
Rollo, Inc. for Central Plume Soil Vapor Extraction, Phase 1, and appropriating funds in the
amount of $380,000.
E-18 Received Impact Mitigation Fee Program Annual Report for Fiscal Year 2004-05.
Continued September 7, 2005
E-19 Adopted Resolution No. 2005-183 authorizing the City Manager to allocate $24,986 in
Public Benefit Program funds to extend for one year the Lodi LivingWise Program and
authorizing the City Manager to execute a contract vith Resource Action Programs to
assist in coordinating this educational project.
E-20 "Ratification of settlement agreement with former Electric Utility Director Alan Vallow and
appropriate funds therefor' was removed from the Consent Calendar and discussed
following approval of the Consent Calendar.
E-21 "Authorize professional services agreement with Northern California Power Agency for
Interim Electric Utility Director services ($40,000)" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
E-22 "Adopt resolution ratifying the employment agreement entered into between City Manager
Blair King and Community Development Director Randall Hatch' 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-5 "Adopt resolution approving plans and specifications; authorizing advertisement for bids for
Elm Street Paving Stone Replacement Project, School Street to Sacramento Street;
authorizing the City Manager to award or reject the contract up to $65,000; and
appropriating $75,000"
In reply to Council Member Mounce, City Engineer Wally Sandelin explained that rapid
deterioration of the gaps between the bricks on a portion of Elm Street has occurred and
the bricks are separating. It is believed to be caused by poor sub -grade compaction and
subsequent erosion from rain. Funds are available for the project through Proposition 42.
Staff will be coming back to Council for authorization of a maintenance contract.
In response to Council Member Mounce's inquiry regarding the possibility of closing this
section of Elm Street, City Manager King stated that the street was designed to be closed
during special events, or permanently, depending upon the nature of retail businesses
fronting it. Currently, there are no tenants who would benefit by having the street closed.
In answer to Council Member Johnson, Public Works Director Prima reported that
warranties on street projects are in effect for one year. Staff did not observe this problem in
the first year after construction. He recalled that the project had been constructed in a
hurry, due to the impending opening of the theater. In addition, he surmised that the paving
stones were not locked in as well as they normally would because the street is designed
with a curve and drainage in the center. There is a heightened compaction specification on
the proposed project, and it will be tested to ensure it is done properly.
MOTION / VOTE:
The City Council, on motion of Council Member Mounce, Beckman second, unanimously
adopted Resolution No. 2005-184 approving the plans and specifications; authorizing
advertisement for bids for Elm Street Paving Stone Replacement Project, School Street to
Sacramento Street; authorizing the City Manager to award or reject the contract up to
$65,000; and appropriating $75,000 of Proposition 42 Transportation Improvement Act
Funds.
E-20 "Ratification of settlement agreement with former Electric Utility Director Alan Vallow and
appropriate funds therefor'
0
Continued September 7, 2005
Council Member Mounce objected to paying six months severance pay, especially at a
difficult financial time for the City and when citizens are being asked to pay higher rates. It
was her understanding that "at will" employment meant that there Vere no severance
benefits.
City Attorney Schwabauer commented that some department heads have "at will" contracts
and others have no contract at all. Those with contracts do have six month severance
packages. He believed that this was done to recognize that "at will" employees are, to
some degree, subject to political whim and the severance package provides insulation for
those who can be terminated without cause or notice. He explained that with any
termination (and especially with an executive position) the risk of litigation exists and is
costly. Mr. Schwabauer stated that he and the City Manager believe that avoiding the
exposure to litigation through a severance package, which includes a general release of all
potential claims, would be advantageous to the City.
In answer to Council Member Mounce, City Manager King reported that former Electric
Utility Director Vallow did not have a contract. He stated that there is no pattern or
consistency regarding who does and who does not have a contact with the City.
Council Member Mounce asked if the severance package could be reduced to half of what
is being proposed.
Council Member Hansen and Mayor Beckman expressed support for staff's
recommendation, as it would avoid possible litigation.
Mayor Pro Tempore Hitchcock asked what the rationale was to continue to pay health
benefits for six months, to which Mr. King stated that he was being consistent with the
severance package given to the former Human Resources Director.
Council Member Johnson stated that he was opposed to the proposal and hoped that the
terms could be renegotiated.
Mr. King suggested that the matter be tabled and rescheduled to allow for closed session
discussion at the next regularly scheduled City Council meeting.
MOTION / VOTE:
The City Council, on motion of Mayor Beckman, Johnson second, unanimously continued
the matter to the Regular City Council meeting of September 21, 2005.
E-21 "Authorize professional services agreement with Northern California Power Agency for
Interim Electric Utility Director services ($40,000)"
Council Member Johnson asked whether the Interim Electric Utility Director would be a
candidate for the position, to which City Manager King replied that he did not know.
In answer to Mayor Pro Tempore Hitchcock, Mr. King reported that the City would be
providing the Interim Electric Utility Director with a vehicle for transportation to and from his
residence in Granite Bay and for other business purposes.
MOTION / VOTE:
The City Council, on motion of Council Member Johnson, Beckman second, unanimously
adopted Resolution No. 2005-185 authorizing professional services agreement with Northern
California Power Agency for its employee, David L. Dockham, to provide Interim Electric
Utility Director services to the City of Lodi in an estimated amount of $40,000.
Continued September 7, 2005
E-22 "Adopt resolution ratifying the employment agreement entered into between City Manager
Blair King and Community Development Director Randall Hatch"
Council Member Mounce stated that she was opposed to six month severance pay in any
contract.
City Manager King stated that the proposed contract is a term agreement that expires in
two years. He explained that if the intention were not to renew the contract, the employee
would be notified six months prior to the renewal date and no severance would be provided.
Mr. King stated that he plans to have similar contracts for future employees.
MOTION / VOTE:
The City Council, on motion of Council Member Johnson, Beckman second, adopted
Resolution No. 2005-186 ratifying the employment agreement entered into between City
Manager Blair King and Community Development Director Randall Hatch. The motion
carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Johnson, and Mayor Beckman
Noes: Council Members — Mounce
Absent: Council Members — None
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
00 Randy Rosa stated that the faith community in Lodi would like to help victims of Hurricane
Katrina that damaged Louisiana and other gulf coast areas. A meeting was held yesterday, at
which 25 people expressed an interest in hosting a displaced family for a three- or four-month
period. He asked that the City contact the Federal Emergency Management Agency (FEMA)
to coordinate this and make transportation arrangements. Mr. Rosa stated that the faith
community would handle health care, food, clothing, housing, and education.
oo Charity King, student of Jim Elliott High School, spoke in support of Mr. Rosa's proposal.
City Manager King stated that he would assign Interim Deputy City Manager Jere Kersnar to
follow up with Mr. Rosa's request.
Mayor Pro Tempore Hitchcock mentioned that she gave Mr. Kersnar the name of Annette
Mitchell who has offered to provide rooms to victims of the hurricane at the skilled nursing
facility, which she is in the process of refurbishing.
00 Dorothy Hammeken asked that the air conditioner at the Hutchins Street Square Senior Center
be repaired.
00 Barbara Flockhart made the following comments:
1) She pointed out that there is vacant retail space on the ground floor of the downtown
parking garage and suggested that the square footage rate be reduced as an incentive to
rent it;
2) Developer fees should be increased for the proposed 500 -acre annexation with 2,300 homes
planned;
3) She asked whether there is adequate room for fire trucks to maneuver in new developments
with very narrow streets lined with three- and four-bedroom homes;
4) Pay increases, such as those given to department heads by the former City Manager,
should not be done again during difficult financial times;
5) The possibility of the Grape Bowl being demolished was upsetting to her. She suggested
having handicapped seating at the base of the Grape Bowl;
6) She felt that the City's annual financial contribution to the Downtown Lodi Business
Partnership and Arts Commission was too high; and
3
Continued September 7, 2005
7) In reference to eminent domain, she had heard that a recent ruling made all private property
vulnerable to being taken and transferred to another private owner so long as it might be
upgraded.
oo Jack Flockhart thanked staff for repairing handicap access areas on Lodi Avenue sidewalks and
for placing a yield sign at the intersection of Lodi and Mills Avenues.
00 Pat Patrick, President of the Lodi Chamber of Commerce, stated that he was speaking on
behalf of local auto dealers. In August, Folsom Dodge came to Lodi and sold automobiles from
the KMart store parking lot. This is permitted under Lodi's current zoning ordinance. He
asked Council to consider new policy direction to staff that would prohibit these sales from
occurring.
City Manager King replied that he would look into the matter and confirmed that staff does
support stationary, permanent, brick and mortar businesses in Lodi and will recommend
policies to reinforce it.
oo Jack Dunn apologized for the tone of a recent letter to the editor of the local newspaper that he
had written. Mr. Dunn explained that he was upset about the amount of money that goes into
political campaigns at all levels of government. He suggested that Council Members take the
lead and set an example by contributing some of these funds to charitable organizations.
Council Member Hansen noted that the Fair Political Practices Commission allows surplus
campaign funds to be donated to charitable organizations, which he did at the close of his
campaign.
RECESS
At 8:57 p.m., Mayor Beckman called for a recess, and the City Council meeting reconvened at 9:08
p.m.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Mounce requested that Lodi's emergency preparedness plan be reviewed at a
future Shirtsleeve Session. She asked for a status report on the new program of Police
Partners assisting Code Enforcement.
City Manager King replied that the topic of Code Enforcement would be discussed at the
September 13 Shirtsleeve Session.
oo Council Member Johnson stated that he received a request from a representative of a local card
room owner to update the Lodi Municipal Code section related to card room establishments, as
the current Code section is outdated.
oo Council Member Hansen commented on the following:
1) He agreed with Ms. Mounce that a review of Lodi's emergency plan would be a good idea.
He also encouraged citizens to assess their own preparedness for a natural disaster, such
as a flood or earthquake, by ensuring that an adequate supply of water, food, etc. is kept
on hand.
2) He reported that a meeting with the S.H. Cowell Foundation would be held tomorrow at the
Boys and Girls Club.
3) He asked why the Salvation Army has not yet begun offering services to homeless women
and children, as it said it would when the new facility opened.
4) A unanimous decision was made by the board of the Northern California Power Agency
(NCPA) to authorize development of Sierra Nevada Electric Power Authority (SNEPA).
SNEPA is a new joint power authority and would serve as a financing conduit. It will be
involved in financing new facilities, entering into operating agreements, and purchasing
power agreements. NCPA members would not be responsible for debts or liability unless
they chose to participate in the purchasing of future power generation and wanted to share
the cost.
7
Continued September 7, 2005
5) He noted that the Street Fair would be held in October and asked the Public Works
Director if Church Street was in good condition for the expected crowds of people.
Public Works Director Prima reported that Church Street had been repaired and repaving was
planned for 2006-07.
00 Mayor Pro Tempore Hitchcock stated that NCPA anticipates a shortage of power occurring by
2009. She felt it should be a priority for Lodi to consider its long-term needs and involvement in
an expansion of its power generation.
00 Mayor Beckman announced that a meeting of the 2x2x2 Greenbelt Committee has been
scheduled for October 17.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo City Manager King introduced Interim Electric Utility Director David Dockham. He reviewed Mr.
Dockham's background and noted that he would be assisting the City in developing a risk
management plan for the Utility and preparing for a rating agency presentation.
PUBLIC HEARINGS
1-1 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Beckman called for the public hearing to consider
unmet transit needs in Lodi.
Public Works Director Prima explained that the public hearing was required in accordance
with the Transportation Development Act, which the transit system utilizes for operations
and capital.
Tiffani Fink, Transportation Manager, introduced Danielle Kochman representing the San
Joaquin Council of Governments.
Ms. Kochman welcomed comments from the public regarding Lodi's unmet transit needs.
Hearing Opened to the Public
None.
Public Portion of Hearing Closed
MOTION / VOTE:
There was no Council action necessary on this item.
1-2 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Beckman called for the public hearing to consider
adopting resolutions accepting Short Range Transit Plan and approving service
enhancements and reductions.
Tiffani Fink, Transportation Manager, explained that the Short Range Transit Plan is used to
assist in the Federal Transportation Improvement Program. She reviewed proposed
enhancements and reductions as outlined in the staff report (filed) and highlighted the
following:
Reduction #1 (effective October 31) — Fixed Route: Evening Service Hours on Grapeline
➢ Eliminate the Grapeline's last run beginning at 7:00 p.m. and ending at 7:39 p.m., due
to low ridership.
➢ In hours where only Dial -A -Ride operates, it is recommended to lower the general
public fare to $3 and allow passengers who purchase a monthly pass to travel at the
senior/disabled rate of $1.50 per ride during this time.
Continued September 7, 2005
Approximately 975 service hours would be saved annually at an estimated cost savings of
$48,750.
Reduction #2 (effective October 31) — Fixed Route: Weekend Service Hours on Grapeline
➢ Eliminate the last three runs on Saturday and last run on Sunday, which would make
2:30 p.m. the final run with service on Fixed Route ending at 3:09 p.m. both days.
➢ In hours where only Dial -A -Ride operates, it is recommended to lower the general
public fare to $3 and allow passengers who purchase a monthly pass to travel at the
senior/disabled rate of $1.50 per ride during this time.
Approximately 780 service hours would be saved annually at an estimated cost savings of
$39,000.
Reduction #3 (effective October 31) — Fixed Route
➢ Combine Route 1 and Route 5 into Route A on Saturdays and Sundays to capture
transfers between the two lines and to reduce the number of fixed routes operating due
to the limited number of weekend riders on the two routes.
Approximately 923 service hours would be saved annually at an estimated cost savings of
$44,250.
Reduction #4 — Fixed Route and Dial -A -Ride Holiday Reductions
➢ Offer reduced Dial -A -Ride service only on Easter and shortened Fixed Route and Dial -
A -Ride service on specific other dates due to lowered ridership demand.
Approximately 100 service hours would be saved annually at an estimated cost savings of
$5,000.
Enhancement #1 — Fixed Route: Holiday Light Tours
➢ Offer Holiday Light Tours for two weeks preceding Christmas at a cost of $2.00 per
person and $8.00 for a family of five.
The Holiday Light Tours would add approximately 100 hours of service.
Enhancement #2 — Fixed Route Winery Route
➢ Study the addition of a Weekend Fixed Route G with service to the local wineries in the
greater Lodi area. This service could operate with two vehicles on 60 -minute headways
and initially would operate two weekends each month.
The Winery Route would require 528 hours of service per year. Staff would work with local
wineries to encourage sponsorship of the routes.
Council Member Hansen was opposed to the City subsidizing the Winery Route, noting
that the benefactors would be the wineries of the region.
Enhancement #3 ("blue sheet" filed)
➢ That the City Manager be authorized to approve promotional events to encourage
ridership of the City's transit system.
Hearing Opened to the Public
oo Jeanette Moore expressed concern about the reduction in weekend service, as that is
when she does the majority of her shopping and is dependent upon public transit.
oo Anna Jarlmer stated that she uses the Grapeline bus service. She reported that there
was no county service any longer and would like to have public transit available to
areas outside the City and specifically to Kaiser in Stockton.
Ms. Fink replied that San Joaquin Regional Transit District operates routes 23, 24, and
Hopper routes; however, she acknowledged there have been reductions on those
routes.
E
Continued September 7, 2005
Public Portion of Hearing Closed
MOTION / VOTE:
The City Council, on motion of Council Member Mounce, Beckman second, unanimously
adopted the following resolutions:
00 Resolution No. 2005-187 accepting the Short Range Transit Plan; and
oo Resolution No. 2005-188 approving the transit service enhancements and reductions.
J. COMMUNICATIONS
J-1 Claims filed against the City of Lodi — None
J-2 The following postings/appointments were made:
a) The City Council, on motion of Mayor Beckman, Hansen second, unanimously
directed the City Clerk to post for the following vacancy:
Lodi Animal Shelter Task Force
Gretchen Nelson Unspecified term limit
b) The City Council, on motion of Council Member Mounce, Beckman second,
unanimously made the following appointments:
Greater Lodi Area Youth Commission
Adults
Richard Dean, LUSD Rep. Term to expire May 31, 2008
Jeff Fleak Term to expire May 31, 2008
J-3 Miscellaneous — None
K. REGULAR CALENDAR
K-1 "Adopt two resolutions authorizing the City Manager to allocate Public Benefit Program
rebates to the following commercial/industrial customers for demand-side management
projects: Design Select ($6,621.19) and Lustre -Cal ($25,000)"
Rob Lechner, Electric Utility Manager of Customer Service and Programs, reported that two
commercial/industrial customers have installed a series of energy efficiency or energy
conservation measures at their respective businesses as outlined in the staff report (filed).
Staff recommends approval of these two demand-side management rebates as qualifying
components of the Public Benefits Program.
MOTION/ VOTE:
The City Council, on motion of Council Member Mounce, Beckman second, unanimously
adopted the following resolutions:
00 Resolution No. 2005-189 authorizing the City Manager to allocate Public Benefit
Program rebate in the amount of $6,621.19 to commercial/industrial customer, Design
Select, for demand-side management project; and
00 Resolution No. 2005-190 authorizing the City Manager to allocate Public Benefit
Program rebate in the amount of $25,000 to commercial/industrial customer, Lustre -
Cal, for demand-side management project.
K-2 "Adopt resolution authorizing the City Manager to allocate a $21,807 Public Benefits
Program grant to the LOEL Foundation/Senior Center for the purchase and installation of a
3kW photovoltaic system"
10
Continued September 7, 2005
Rob Lechner, Electric Utility Manager of Customer Service and Programs, reported that the
LOEL Foundation is seeking a grant in the amount of $21,807 for a proposed 3kW
photovoltaic system. Electric Utility staff has reviewed the scope of work for the solar
project and is supportive of the grant request.
MOTION / VOTE:
The City Council, on motion of Council Member Johnson, Beckman second, unanimously
adopted Resolution No. 2005-191 authorizing the City Manager to allocate a $21,807 Public
Benefits Program grant to the LOEL Foundation/Senior Center for the purchase and
installation of a 3kW photovoltaic system
K-3 "Adopt resolution authorizing the City Manager to allocate $90,000 from three funds to
extend for one year the Lodi C.A.R.E. Package Program; and authorizing the City Manager
to execute a contract with the Lodi Salvation Army to assist in coordinating this program"
Rob Lechner, Electric Utility Manager of Customer Service and Programs, reported that the
Customer Assistance and Relief on Energy (CARE) Program began in 2004. The Program
was designed to provide financial assistance to Lodi families who are below the current
federal income guidelines. A new set of income guidelines have been developed for year
two of this program and each income level has increased by $1,000. During the first year of
the program, 140 families were provided assistance totaling $16,940.17 in relief payments.
The Salvation Army administers the program and interviews prospective clients, for which
the City pays them $1,300. Staff recommends that the program be extended for one year.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, unanimously
adopted Resolution No. 2005-192 authorizing the City Manager to allocate $90,000 from
three funds to extend for one year the Lodi C.A.R.E. Package Program and authorizing the
City Manager to execute a contract with the Lodi Salvation Army to assist in coordinating
this program.
K-4 "Adopt resolution approving Negative Declaration and introduce ordinance anending Lodi
Municipal Code Title 13 — Public Services — Chapter 13.12 'Sewer Service,' by repealing
and reenacting Section 13.12.020 (20) relating to definition of industrial system; and further
repealing and reenacting Section 13.12.150 relating to 'Connections Outside City"'
City Manager King recalled that on June 15 Council approved a Memorandum of
Understanding (MOU) between the City and Van Ruiten Winery. The MOU provided access
to the City's industrial sewer system for discharge by Van Ruiten Winery in exchange for
establishing a downtown retail presence. Staff explained at the time that, to effectuate the
MOU, an amendment to the Lodi Municipal Code would be required. The amendment to
the Municipal Code would allow for access to the City's industrial wastewater connection.
No domestic connection would be allowed; it would strictly be for discharge of winery
waste. The Van Ruiten Winery would bear 100% of the cost including any capacity that it
consumes based upon the industrial sewage system. In exchange for this access, the Van
Ruiten Winery would be required to open a downtown wine tasting room. The Negative
Declaration is premised upon several policies of the General Plan, which support the
viability of agriculture within the Lodi area.
PUBLIC COMMENTS:
00 Nick Sikeotis, representing Jesse's Grove Winery, spoke in support of the proposal.
He explained that wineries are very capital intensive and dealing with State agencies
regarding wastewater issues is very difficult. He pointed out that the better the wineries
are, the better the chances of preserving agricultural land around the City. Mr. Sikeotis
believed this proposal would benefit any winery located in the county and stated that he
would be interested in trucking wastewater to Lodi's facility if the option was offered to
him.
11
Continued September 7, 2005
00 Mark Fedorchak, representing Van Ruiten Winery, believed that Lodi would soon
become a brand in the wine industry. The Lodi economy, merchants, and agri-
businesses would all benefit from this.
Mayor Pro Tempore Hitchcock expressed concern about capacity issues and the cost of
State mandated upgrades to the City's wastewater facility. She preferred to have more
safeguards in place, the ability to reject service, flexible rates based upon current State
mandates, and that each request be approved on a case-by-case basis. In addition, she
felt that ordinance section 2, ii, should be changed from six years to 24 months as the
maximum amount of time given to establish a tasting room.
Public Works Director Prima explained that the Van Ruiten Winery wastewater during the
summer would be blended with other industrial waste from the cannery and treated
domestic effluent from the City and applied to the land. During the winter it would be put in
the storage ponds and discharged to the Delta. He acknowledged that there is a potential
capacity issue with the ability to aerate the ponds if more wineries discharged to Lodi's
facility. The capacity fee for the Van Ruiten Winery is $15,000 and its annual charge is
$4,000 a year based on volumes in the permit. There would be an additional charge if the
winery expanded.
In reply to Council Member Mounce, City Attorney Schwabauer confirmed that the Negative
Declaration was consistent with the City's General Plan Land Use Element as was
described in the staff report, resolution, and ordinance.
In answer to Council inquiries, Mr. King stated that it was not required that this matter first
be considered by the Planning Commission. He acknowledged that the City would
consider requests from wineries to truck in wastewater, in exchange for downtown retail
presence. If this were to occur, the matter would be brought to Council for informational
purposes. Currently there is no annual downtown development and promotional in -lieu fee;
however, Mr. King envisioned it would be slightly higher than the cost of operating a tasting
room.
MOTION / VOTE:
The City Council, on motion of Council Member Johnson, Beckman second, took the
following actions:
0o Adopted Resolution No. 2005-193 approving a Negative Declaration for a Lodi Municipal
Code amendment to Section 13.12.150, "Sewer Connections Outside (]ty," to allow
wineries located outside the City limits to connect and discharge industrial grade
wastewater into the Oty's industrial sewerage system and for an industrial system
discharge permit for the Van Raiten family winery located outside the City limits to
connect and discharge industrial grade wastewater into the City's industrial sewerage
system and Lodi Municipal Code amendment to Saction 13.12.020 (20) relating to
definition of industrial system; and
00 Introduced Ordinance No. 1764 amending Lodi Municipal Code Title 13 — Public
Services — Chapter 13.12, "Sewer Service," by repealing and reenacting Section
13.12.020 (20) relating to definition of industrial system; and further repealing and
reenacting Section 13.12.150 relating to "Connections Outside City."
The motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — Hitchcock
Absent: Council Members — None
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Council Member Mounce, Beckman second, unanimously voted to
hear only Item L-1 following the 11:00 p.m. hour.
12
Continued September 7, 2005
K. REGULAR CALENDAR (Continued)
K-5 "Adopt resolution approving proposed Sidewalk Maintenance Policy and provide direction to
staff as needed" was pulled from the agenda pursuant to the above vote.
K-6 "Adopt resolution approving proposed Sidewalk Installation Policy and provide direction to
staff as needed" was pulled from the agenda pursuant to the above vote.
L. ORDINANCES
L-1 Following reading of the title of Ordinance No. 1763 entitled, 'An Ordinance of the City
Council of the City d Lodi Amending Lodi Municipal Code Title 2 — Administration and
Personnel — Chapter 2.12, 'City Manager,' by Repealing and Reenacting Section
2.12.060(T) Relating to Contract Authority of the City Manager; and Further Amending Lodi
Municipal Code, Title 3— Revenue and Finance — by Repealing and Reenacting Chapter
3.20 in its Entirety Relating to the Purchasing System," having been introduced at a regular
meeting of the Lodi City Council held August 17, 2005, the City Council, on motion of
Mayor Beckman, Johnson second, waived reading of the ordinance in full and adopted and
ordered it to print by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Johnson, and Mayor Beckman
Noes: Council Members — Mounce
Absent: Council Members — None
Abstain: Council Members — None
M. ADJOURN TO SPECIAL JOINT MEETING OF THE LODI CITY COUNCIL AND REDEVELOPMENT
AGENCY
The subject meeting was canceled and postponed to the Regular City Council meeting of October
5, 2005, due to the above vote.
N. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:15 p.m.
ATTEST:
Susan J. Blackston
City Clerk
13