HomeMy WebLinkAboutMinutes - April 19, 2006LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 19, 2006
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of April 19, 2006, was called to order by Mayor Hitchcock
at 5:35 p.m.
Present: Council Members — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Pursuant to Government Code §54956.9(c); conference with legal counsel — anticipated
litigation/initiation of litigation — regarding County of San Joaquin EMS Order to change 911
Fire Dispatch Providers; one potential case
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) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Labor
Negotiators), regarding Lodi Professional Firefighters, Police Management, and Association
of Lodi City Employees regarding General Services pursuant to Government Code Section
§54957.6
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
C-3 ADJOURN TO CLOSED SESSION
At 5:35 p.m., Mayor Hitchcock adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:55 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:02 p.m., Mayor Hitchcock reconvened the City Council meeting, and City Attorney
Schwabauer disclosed that no reportable action was taken in closed session.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of April 19, 2006, was called to order by Mayor Hitchcock at 7:02
p.m.
Present: Council Members — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Bill Cummins, Bear Creek Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hitchcock.
Continued April 19, 2006
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Police Chief Adams reported that the Police Partners program has operated for the past 12
years. In 2005, the Partners donated 26,850 hours to the Police Department, which
equates to an estimated fiscal impact of $484,000. There are 96 Partner volunteers. The
Police Chaplaincy program formed in 1994, and there are now five clergy members
participating. There are four reserve officers in the Lodi Police Reserve program. The Lodi
Police Cadet Program is designed for volunteers ages 16 to 24 years, and 18 cadets are
enrolled in the program today. The Regional Occupation Program Academy has 56 high
school juniors and seniors participating. In addition to the 125 front line Lodi Police
volunteers, there are 46 community wlunteers. Jeanie Biskup, Special Services Manager,
pointed out that Partners work in many areas within the Police Department that generate
revenue for the City such as parking enforcement, tow releases, and the alarm program. In
2005, the revenue from these programs deposited in the City General Fund amounted to
$77,886. Mayor Hitchcock presented a proclamation to Police Chief Adams proclaiming
the week of April 23 — 29, 2006, as "National Volunteers Week" in the City of Lodi.
D-3 (a) Mayor Hitchcock presented a Certificate of Recognition to Cody Miln, Student President of
the Robotics Team, and the participating students of Jim Elliot Christian High School for
advancing to the National Robotics Competition in Atlanta, Georgia.
D-3 (b) Following introductory comments by Tony Segale, representing the Wall Dogs, Dave
Buccolo with Central California Traction Company presented a $10,000 donation to the
Wall Dogs for the Lodi Station Parking Structure Wall Dog Mural project.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Mounce, Beckman second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $6,541,342.33.
E-2 The minutes of March 1, 2006 (Regular Meeting), March 21, 2006 (Shirtsleeve Session),
and April 11, 2006 (Shirtsleeve Session) were approved as written.
E-3 Adopted Resolution No. 2006-56 approving the plans and specifications; authorizing
advertisement for bids for Municipal Service Center Compressed Natural Gas Fueling
Station Expansion, 1331 South Ham Lane; and authorizing the City Manager to execute
and amendment to professional services agreement with T. Mitchell Engineers and
Associates in the amount of $14,600.
E-4 Approved the specifications and authorized advertisement for bids for 3,000 tons of asphalt
materials for fiscal year 2006-07.
E-5 "Approve specifications and authorize advertisement for bids for Annual Tree Trimming
Contract (Power Line Clearing) for Electric Utility Department ($350,000)" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-6 "Adopt resolution authorizing the Public Works Street Division to waive the bidding process
and award to an existing professional services agreement for tree trimming between city of
Brentwood and West Coast Arborists, Inc., for trimming of 510 trees ($25,000) and
authorizing the City Manager to award the contract' was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
W
Continued April 19, 2006
E-7 Accepted the improvements under "Water Meter Installation Project' contract.
E-8 Adopted Resolution No. 2006-57 accepting the improvements under "Kettleman Lane
(Route 12) Gap Closure Project from Lower Sacramento Road to Ham Lane and from
Stockton Street to Cherokee Lane" contract and appropriating additional funds in the
amount of $102,800.
E-9 Accepted the improvements under "Lodi Avenue Overlay (Lower Sacramento Road to Ham
Lane) / Pacific Avenue Extension (Walnut Street to Lodi Avenue) Project' contract.
E-10 Adopted Resolution No. 2006-58 accepting improvements under "Lower Sacramento Road
Widening Project, Kettleman Lane to Harney Lane" contract and appropriating $5,000 and
received notification of Contract Change Orders and property owner reimbursement.
E-11 Adopted Resolution No. 2006-59 accepting improvements for the Harney Lane Canal
Crossing Project and appropriating additional funds in the amount of $66,520 for applicable
reimbursements.
E-12 Adopted Resolution No. 2006-60 accepting the development improvements at 33 North Cluff
Avenue.
E-13 Adopted Resolution No. 2006-61 approving the improvement deferral agreement for 710
Willow Avenue and authorizing the City Manager and City Clerk to execute the agreement
on behalf of the City.
E-14 Adopted Resolution No. 2006-62 approving a one-year extension of the 2005-06 Annual
Curb, Gutter, and Sidewalk Replacement contract with Jeff Case Construction Company for
2006-07 fiscal year with a three percent increase at a cost of $71,200.
E-15 Adopted Resolution No. 2006-63 supporting the Watershed Stakeholder Outreach Projects
proposed by Central Sierra Resource Conservation & Development, Inc.
E-16 Adopted Resolution No. 2006-64 amending Traffic Resolution 97-148 by approving one-hour
parking (school days only) on the north side of Century Boulevard in front of bus turnout at
Tokay High School.
E-17 Adopted Resolution No. 2006-65 approving Resource Adequacy Program for the City of
Lodi.
E-18 Adopted Resolution No. 2006-66 approving the naming of Salas Park southwest baseball
diamond for Michael Moore.
E-19 "Adopt resolution supporting the preservation of the existing U.S. Department of Housing
and Urban Development Community Development Block Grant program" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-20 Adopted Resolution No. 2006-67 supporting a Constitutional amendment to ensure that
Proposition 42 revenues are used exclusively for state and local transportation projects and
that revenues previously used to offset non -transportation purposes are reimbursed.
E-21 "Authorize Mayor to sign letters of opposition to the U.S. House of Representatives
Committee on Energy and Commerce bill, Communications, Opportunity, Promotion, and
Enhancement Act of 2006 (Barton -Rush), and the California State Assembly bill, AB 2987
(Nunez), to prevent the pre-emption of local control of cable television franchises" was
removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
Continued April 19, 2006
E-22 Set public hearing for May 3, 2006, to consider adopting resolution adjusting Consumer
Price Index -based water and wastewater rates.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-5 "Approve specifications and authorize advertisement for bids for Annual Tree Trimming
Contract (Power Line Clearing) for Electric Utility Department ($350,000)"
Mayor Pro Tempore Johnson asked if the mistletoe could be removed from the trees
selected under this contract.
Electric Utility Director Morrow replied that he would communicate the request to the
supervisor for the tree crew and would make sure the bidders are aware. Mr. Morrow stated
that he would report back if he learned there was a fiscal or productivity issue related to the
mistletoe removal.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Johnson, Beckman second,
unanimously approved the specifications and authorized advertisement for bids for Annual
Tree Trimming Contract (Power Line Clearing) for Electric Utility Department.
E-6 "Adopt resolution authorizing the Public Works Street Division to waive the bidding process
and award to an existing professional services agreement for tree trimming between city of
Brentwood and West Coast Arborists, Inc., for trimming of 510 trees ($25,000) and
authorizing the City Manager to award the contract'
Council Member Hansen suggested that Public Works identify 510 trees that have
mistletoe and make them a priority for the tree trimming contract.
Public Works Director Prima indicated that he would do so and report back on the status.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, unanimously
adopted Resolution No. 2006-68 authorizing the Public Works Street Division to waive the
bidding process and award to an existing professional services agreement for tree trimming
between city of Brentwood and West Coast Arborists, Inc., for trimming of 510 trees at an
estimated project cost of $25,000 and authorizing the City Manager to award the contract.
E-19 "Adopt resolution supporting the preservation of the existing US. Department of Housing
and Urban Development Community Development Block Grant program"
Council Member Beckman explained that he asked for the item to be pulled from the
Consent Calendar so that he could vote in opposition.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Johnson, Hansen second, adopted
Resolution No. 2006-69 supporting the preservation of the existing U.S. Department of
Housing and Urban Development Community Development Block Grant program. The
motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Hitchcock
Noes: Council Members — Beckman
Absent: Council Members — None
al
Continued April 19, 2006
E-21 "Authorize Mayor to sign letters of opposition to the U.S. House of Representatives
Committee on Energy and Commerce bill, Communications, Opportunity, Promotion, and
Enhancement Act of 2006 (Barton -Rush), and the California State Assembly bill, AB 2987
(Nunez), to prevent the pre-emption of local control of cable television franchises"
PUBLIC COMMENTS:
00 Kathy Halsey, AT&T External Affairs, stated that this legislation eliminates
impediments to investments in next generation broadband network services and
promotes video competition. It also encourages investments in next generation
broadband network infrastructure, which will help California solidify its position as a
world technology leader. AT&T is prepared to invest up to $1 billion dollars over the
next three years in California to update its fiber optic network. It promotes competition
in the video service market; ensuring consumers will have more control and choice over
their video and entertainment experiences. These pieces of legislation streamline the
outdated city by city video franchise process and guarantees that local governments
will continue receiving a franchise fee up to 5% of gross revenue earned at the locality.
It also provides that local governments can monitor and audit the process. It prohibits
discrimination based on income and ensures that local governments continue receiving
Public, Education and Government channels. It preserves local government's ability to
impose user utility taxes. Ms. Halsey asked Council not to oppose the bills.
Council Member Hansen commented that he has always been a proponent of Lodi
getting into the business of fiber optics.
Ms. Halsey responded that it is difficult when government competes with the private
sector; however, there are advantages to the consumer when competition occurs.
City Attorney Schwabauer stated that the legislation allows businesses such as AT&T
to define its own service area and does not require them to build out as the cable
system does. He pointed out that AT&T does not use the public rights of way for the
Digital Subscriber Line (DSL) service.
Ms. Halsey countered that the law defines that it cannot "redline." She confirmed that
the DSL service runs off the telephone lines.
City Manager King explained that cities have been asked to take this position by the
League of California Cities who saw these two pieces of legislation as a threat to the
concept of local control. The telephone service, through an exemption from the state
legislature, is the only utility that is not subject to local franchise fees or local control.
Mr. Schwabauer added that the legislature does not create an enforcement mechanism (for
redlining) because it expressly allows them to define their service area. Unless they are
required to build out as the cable company is required to do, there will be no mechanism to
prevent them from redlining neighborhoods.
Council Member Beckman pointed out that there is information in the staff report that is not
in the letter. He did not wish to authorize a letter that expresses opposition to a specific
bill or state legislation.
MOTION / VOTE:
The City Council, on motion of Council Member Beckman, Mounce second, unanimously
authorized the Mayor to sign letters of opposition (without the mention of specific
legislation) to the U.S. House of Representatives Committee on Energy and Commerce bill,
Communications, Opportunity, Promotion, and Enhancement Act of 2006 (Barton -Rush),
and the California State Assembly bill, AB 2987 (Nunez), to prevent the pre-emption of local
control of cable television franchises.
5
Continued April 19, 2006
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
00 Ken Owen, representing Christian Community Concerns, thanked Council for its decision to
display the National motto in the Carnegie Forum lobby. He invited everyone to attend the May
4 National Day of Prayer.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
None.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
00 In reference to the earlier presentation regarding the Police Partners, City Manager King
clarified that Lodi does not enforce laws for the purpose of generating revenue; rather, t
imposes fines for the purpose of achieving compliance with the law.
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 Hitchcock called for the public hearing to consider
the appeal of the Planning Commission's decision of February 22, 2006, to approve a Use
Permit for Vineyard Christian Middle School to place a private 6h, 7, and a grade school
on the grounds of Lodi Avenue Baptist Church at 2301 West Lodi Avenue (Applicant, Lodi
Avenue Baptist Church; File #U-05-20).
NOTE: Due to a potential conflict of interest related to the location of her home to the
vicinity of the proposed project, Mayor Hitchcock abstained from discussion and voting on
this matter and vacated her seat at the dais at 8:01 p.m.
MOTION TO LIMIT DEBATE:
The City Council, on motion of Mayor Pro Tempore Johnson, Beckman second, voted to
limit the main presentations to 15 minutes and public comments to 3 minutes each. The
motion carried by the following vote:
Ayes:
Council Members
— Beckman, Hansen, Johnson, and Mounce
Noes:
Council Members
— None
Absent:
Council Members
— None
Abstain:
Council Members
— Mayor Hitchcock
Peter Pirnejad, Planning Manager, explained that staff's recommendation to uphold the
Planning Commission's decision is based on consistency with the City's zoning ordinance
and assessment of public safety. The City's Traffic Engineer reported that from 2003 to
March 2006 there has been one reported collision in the area. Daily vehicle traffic volume
on Allen Drive is 5,000 vehicle trips per day. The latest traffic count on Allen Drive shows
761 vehicle trips per day, and with the addition of the Vineyard Christian Middle School, it is
anticipated to increase by 130 vehicle trips per day, which still results in a level of service
"A". A public hearing was held before the Planning Commission on February 8 and
continued to February 22, at which a vote took place to approve the use permit based on a
revised and improved circulation element. Condition D in the conditions of approval address
what staff and the applicant consider to be the best traffic flow pattern. Mr. Pirnejad
reviewed the 16 conditions of approval as were outlined in the Planning Commission's
Resolution No. P.C. 06-05.
Hearing Ooened to the Public
00 Bob Peterson felt that Planning Commissioner Cummins had a conflict of interest
because he is a pastor of a church and, therefore, should have abstained from voting on
the matter. The Planning Commission's vote was 4 to 3, so if Commissioner Cummins
Con
Continued April 19, 2006
had abstained it would have been a tie vote and the Use Permit would not have been
approved. Planning Commissioner Kuehne could be perceived as having a conflict of
interest because after the February 8 presentation he congratulated members of fie
Vineyard School for their work at Woodbridge School and disclosed that his own
children attend St. Peters Christian School. One of the issues that could not be
mitigated was how parents would come into the neighborhood to get to the school, as
they could enter by any of the side streets.
00 Paula Peterson displayed a map of the neighborhood that showed those in favor of and
those opposed to the Vineyard Middle School project. She collected 130 signatures on
a petition of those who were opposed to placing the middle school on the grounds of
Lodi Avenue Baptist Church. She felt that more people in the neighborhood should
have been made aware of the project, rather than just the minimum requirement of 300
feet surrounding the school site. She cited negative impacts of traffic, noise, and
appearance. Residents in the area purchased their homes because it is a quiet
neighborhood. Ms. Peterson disputed the results of the traffic report, as she knew of
five accidents that occurred during the past two years. She did not believe it was
possible to mitigate the noise of a middle school.
In response to the conflict of interest allegations, City Attorney Schwabauer did not
believe that either rose to the level of a conflict within the meaning of the Fair Political
Practices Act. Neither Planning Commissioner had a personal financial interest in the
project. In regard to the matter of a tie vote, Mr. Schwabauer explained that either side
could have appealed the decision, or in the case of a tie vote, a non -decision.
00 Karen Hale, Principal of Vineyard Christian Middle School, reported that the school
opened in 2004. Currently, it operates out of five modular buildings on the site of
Woodbridge Middle School; however, its lease ends in June. It has three classrooms;
one class for E', rh, and gh grades not to exceed 28 students in each class and is in
session from 8:30 a.m. to 3:10 p.m. Its after school athletic enrichment program is
located off site. She assured Council that all rules, regulations, conditions, and
expectations set forth by the Planning Commission and the Site Plan and Architectural
Review Committee (SPARC) will be adhered to.
In answer to questions posed by Council Member Hansen, Ms. Hale estimated that 10
cars at a time, up to a total of 40, would be at the school. She did not foresee many of
the parents using the side streets. Approximately ten of the students walk to school.
SPEAKERS IN FAVOR
0o George Liepart stated that Lodi has a rich, healthy, and ongoing tradition of church /
school relationships. It is a part of the community that has been in place for years and
there have not been any challenges or problems with them. Vineyard Christian Middle
School will be using newer modular buildings, which will be painted, refurbished,
landscaped, etc. in accordance with SPARC direction.
Council Member Hansen disclosed that he met prior to the meeting with Mr. Liepart to
discuss the project.
Council Member Beckman stated that he met with David and Christy Roberts in their
home to discuss this matter. He also spoke previously with one of the proponents of
the project who asked that the public hearing be held when all five members of the
Council were present.
7
Continued April 19, 2006
Council Member Mounce spoke prior to the meeting to Ms. Peterson, Ms. Oliver,
Ms. Pitchford, and two members of the school, in addition to receiving numerous calls
and emails about the matter.
Mayor Pro Tempore Johnson disclosed that he spoke with Paul Teramino who was
opposed to the project; Ron Httle who was in favor; and Michael Hakeem, attorney
representing Vineyard Christian Middle School.
0o Alyssa Oliver distributed maps and photos (filed) and noted that neither of the school
driveways align with the side streets. There is only one way in and one way out of the
parking lot, and curb drop off or pick up is not allowed. Parents have received written
instructions. There will be an adult monitor present.
00 Kevin Huber, parent of a student at Vineyard School, spoke in support of the school
curriculum and the proposed site. He stated that the project is a compatible use in the
neighborhood and could be considered a model of how to utilize existing facilities, thus
taking up less vacant land.
00 Mike Hakeem, attorney representing Vineyard School, noted that there are many
examples of schools in Lodi that are adjacent to residential areas, many with larger
school populations, and those existing facilities have not had conflicts. There will be no
offsite lunch. The traffic pattern has been reconfigured by the Planning Commission
with a right -turn, right -out only. The scheduling and timing of the school has been
geared not to conflict with St. Peters Lutheran School. In addition, Vineyard School
has coordinated its schedule with church activities. there will be a school contact
person available to the neighbors at all times to deal with issues that may surface. The
school will be required to construct a five-foot fence on Allen Drive. He pointed out that
the conditional use permit allows the City b bring the matter back for conditional
review, revisitation of mitigation, or for revocation if necessary.
0o Stacy Moffatt, parent of a Vineyard School student, commented that change is always
difficult. She noted that the school has an elevated standard of excellence and asked
Council to uphold the Planning Commission decision.
00 Pat Patrick, parent of a Vineyard School student, stated that school leadership
personnel are caring of the children and parents' concerns, respectful, professional, and
focused on quality. He stated that the parking lot is large enough to handle all the cars
that would be there at one time during drop off or pick up. He felt that the school
creates great citizens and asked the Council to uphold the Planning Commission's
decision.
0o Christi Hilscher pointed out that neighborhoods sometimes change and a church brings
activity to areas.
0o Olivia Oliver mentioned that she attended Vineyard School last year and felt that it was
an excellent opportunity that prepared her well for high school. Students at the school
are held to very high standards.
00 Linda Engrav-Clarke believed that the school would be a positive impact on the
neighborhood. Ms. Clarke mentioned that she originally signed the petition in
opposition to the school; however, after learning more about it she changed her mind.
She stated that the school is acting in good faith to solicit neighborhood input regarding
aesthetic qualities residents would like to see in the school. She disputed comments
made about accidents in the area, as she felt if they occurred, the City's traffic
engineers would have known about it.
0o Tammi Enos, Secretary for the Vineyard School, asked when people quit loving the
noise of children.
Continued April 19, 2006
00 Marsha Fitzgerald, parent of a student at Vineyard School, ecalled that she had
opposed the construction of a continuation school near her home. Neighbors picketed
the school because they feared the worst. Ms. Fitzgerald reported that no problems
have occurred in the year and a half that the school has been in operation. Residents'
fears had been unfounded. She mentioned that students at Vineyard School learn the
importance of serving the community.
RECESS
At 9:34 p.m., Mayor Pro Tempore Johnson called for a recess, and the City Council meeting
reconvened at 9:41 p.m.
PUBLIC HEARINGS (Continued)
1-1 SPEAKERS IN OPPOSITION
(Cont'd.)
00 Linda Reichert noted that Vineyard School is not a public/free school, yet it is inserting
itself into an already existing mature neighborhood over the opposition of 85% of the
residents surrounding it. The two Planning Commissioners who voted against the
matter expressed concern regarding the parking spaces. If other uses occur during the
day while the school is in session there will not be adequate parking.
00 Rico Bianchi stated that there are five schools within walking distance of his home and
he complained of traffic congestion and speeding.
oo Treacy Dorth stated that the area is already noisy and the Vineyard School will worsen
it and create traffic problems.
00 David Johnson expressed safety concerns and believed that traffic will increase as a
result of the Vineyard School.
00 Dean Walker stated that the school will consume 25 parking spaces and there will not
be enough remaining for the church. The church is required to have one parking space
for every four of its 300 seats. He suggested that if Council is going to uphold the
Planning Commission decision that it do so on the condition that the neighborhood
approve the architectural review process through SPARC.
00 Delores Hansen mentioned that she sent a letter to Council about this matter. She felt
that the school would not have adequate space and was opposed to portable buildings
and noise impacts.
oo Chris Johnson stated that she chose to purchase a home in an established, quiet
neighborhood that would not change. She voiced concern about increased traffic and
noise.
REBUTTAL
00 Paula Peterson stated that no one had taken into consideration the concentration of
traffic in the area due to St. Peters, Reese, and Lodi High Schools.
00 Mike Hakeem pointed out that City staff has determined that the average daily traffic
could equal or exceed 2,000 cars a day and not violate the planning and safety
principles established under the City's program element. With 761 cars currently and
the 130 added, the street capacity will only be at 50%. SPARC will review the modular
buildings, and the community will have an opportunity to participate and provide input to
determine their appearance. Regarding noise, he mentioned that there will be only one
recess and one lunch period Monday through Friday.
X
Continued April 19, 2006
Public Portion of Hearing Closed
Community Development Director Hatch reported that the modular buildings would take up
14 of the existing 61 parking spaces. The church has 80 to 100 parishioners, though its
capacity is 300. The Planning Commission made a finding that 47 parking spaces were
adequate for both the school and church.
Council Member Beckman stated that in this situation there is a private property owner who
wants to lease some of its land for a use allowed under the City's zoning laws.
Mr. Beckman explained that he tends to approve an allowable use unless there is a
demonstrated harm that is going to be inflicted upon someone else, and that is not the
case in this situation. He saw this matter as private property rights being exercised
properly.
MOTION:
Council Member Beckman made a motion, Hansen second, to adopt Resolution No. 2006-
70 upholding the Planning Commission's decision and approving the request of Lodi Avenue
Baptist Church for a Use Permit to allow Vineyard Christian Middle School to locate on
church property at 2301 West Lodi Avenue, subject to the conditions as recommended by
the planning commission.
DISCUSSION:
Council Member Mounce expressed concern regarding parking. She preferred to view
finished plans and SPARC review prior to making a decision. She noted that personal
property rights also include all the people who own property in the neighborhood
surrounding the project.
Council Member Hansen had confidence in the conditional use process and noted that it
could be revoked if promises and conditions were not adhered to.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, and Johnson
Noes: Council Members — Mounce
Absent: Council Members — None
Abstain: Council Members — Mayor Hitchcock
RECESS
At 10:26 p.m., Mayor Pro Tempore Johnson called for a recess, and the City Council meeting
reconvened at 10:32 p.m. Mayor Hitchcock returned to the dais.
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 Council Member Hansen, Mounce second,
unanimously directed the City Clerk to post for the following expiring terms:
Greater Lodi Area Youth Commission
(Adult Advisors)
Dale Jones Term to expire May 31, 2006
Elizabeth Mazzeo Term to expire May 31, 2006
Brad VanderHamm Term to expire May 31, 2006
10
Continued April 19, 2006
18
Library Board of Trustees
Tariq Din Term to expire June 30, 2006
Christine Lavond Term to expire June 30, 2006
Lodi Arts Commission
Ben Burgess
Nancy Carey
Patrick Stockar
Term to expire July 1, 2006
Term to expire July 1, 2006
Term to expire July 1, 2006
Lodi Planning Commission
Dennis Haugan Term to expire June 30, 2006
San Joaquin County Commission on Aging
Terri Whitmire Term to expire June 30, 2006
J-3 Miscellaneous
a) City Clerk Blackston presented the cumulative Monthly Protocol Account Report
through March 31, 2006.
REGULAR CALENDAR
K-1 "Adopt resolution implementing surface water treatment program utilizing Woodbridge
Irrigation District contractual allotment and authorizing solicitation of water treatment plant
proposals"
Public Works Director Prima reported that the basin Lodi draws its water from is in
overdraft. The City and surrounding areas are using far more water than nature is
replenishing. Lodi entered a contract with Woodbridge Irrigation District (WID) to purchase
6,000 acre feet of surface water from the Mokelumne River. The water is available from
March through October for a period of 40 years at a cost of $1.2 million per year. For the
first three years of the agreement, the City can bank water on paper that it does not use
and take it in a later year as it is available. Currently, staff is negotiating with WID to
extend the banking option for an additional four years during the time it works on
implementing a project. Staff had originally thought that groundwater recharge would be
cost effective and provide a direct benefit; however, regulatory requirements have increased
and it now appears the cost would be as much, if not greater, than a surface water plant.
The possibility of doing surface recharge still exists, but it takes a lot of land and there
remains the question as to how much it would benefit Lodi. Short-term sales of the water
were considered; however, it has been a wet year so there is little interest. Staff
considered using the surface supply for irrigation of parks and school grounds, but it would
require building a huge system. In light of other options, staff returned to the idea of
treating and drinking the WID water as the best scenario. As a municipal water pumper,
the City has a lower standing in terms of water rights than overlying property owners. The
Water (?ode now states that groundwater recharge is not considered a beneficial use of
water. Mr. Prima stated that if groundwater recharge were pursued, the west side of the
City would be the optimal location for the basin. North of the City, the water has
manganese problems and salinity is high in other areas. Near Flag City at Interstate 5,
wells have nitrate that exceeds safe drinking water limits. Stockton faces a problem along
Interstate 5 where its wells have issues with salinity and high chloride. The Micke Grove
area has an issue with DBCP and they have had to install filters on their wells.
Mr. Prima reported that the overdraft of the basin is 150,000 to 200,000 acre feet per year.
Staff's conclusion is that the best use of the WID water would be to treat and drink it. If
Council approves the concept, it would take four years before a surface water treatment
plant could be in operation. Continued reliance on groundwater as 100% of the City's water
supply is not sustainable.
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Continued April 19, 2006
In reply to Council Member Hansen, Mr. Prima confirmed that the majority of the cost of a
surface water treatment plant could be passed on to new development. Staff recommends
an ultra -filtration plant using membranes that would not require chlorination throughout the
entire process.
Mayor Pro Tempore Johnson expressed interest in a joint venture with Stockton, noting that
it intends to take 33,000 acre feet of water from the Delta on a periodic basis. He noted
that the staff report estimates the cost of a water treatment plant would create the need for
a 15% increase in water rates, though the cost could eventually be passed on to new
development. Mr. Johnson stated if that occurred, it would be important to develop a way to
reimburse existing rate payers when development begins to pay for the plant.
Council Member Beckman felt there was no reason to buy land when the City would only
use it for 40 years. The land for groundwater recharge can be leased. A treatment plant
would sit dormant for four months out of the year when WID water is not available.
Mr. Beckman stated that he strongly supported the groundwater recharge option.
Council Member Mounce questioned where the treatment plant would be located, to which
Mr. Prima replied that likely locations are west of the WID canal, the western 13 acres at
Lodi Lake, or the General Mills property that is vacant.
Mayor Hitchcock expressed her opinion that the area has been overbuilt and Lodi does not
have the water supply to handle large development projects. The proposal only replaces
6,000 acre feet of water into an overdraft of 200,000 acre feet. She pointed out that the staff
report shows $300,000 an acre to purchase land, yet developers are charged $200,000 an
acre. She reported that land recently sold for $30,000 an acre between Eight Mile Road
and Harney Lane. She agreed with Council Member Beckman that land should be leased
for groundwater recharge. Since staff began giving presentations to Council on this topic,
the cost estimate for groundwater recharge increased 62% and the cost of a surface water
treatment plant decreased 19%. She expressed concern regarding chlorinating the City's
water system.
Mr. Prima replied that the last time staff did an update to adjust land costs was more than
two years ago and at that time it was $200,000 an acre. Staff now estimates it would be
the equivalent of $300,000 an acre to utilize a site for groundwater recharge.
Ed Steffani, General Manager of the North San Joaquin Water Conservation District, pointed
out that even after the proposed Stockton and Lodi treatment plants were in operation, there
would still be a 170,000 acre foot overdraft. The two plants would cost $220 million and yet
little would be done to solve the problem. Most of the overdraft will take place in the
eastern part of the county where they cannot afford to correct the situation. He
recommended that the cities work together, combine resources, pursue matching bonds,
and do a major groundwater recharge project. He asked Council to delay action for six
weeks to allow for the completion of tests at the Micke Grove site. He stated that four to
six wells could be placed on the south side of Micke Grove and Lodi could capture all the
water it put into the ground for much less cost than a treatment plant.
Council Member Hansen asked whether storm water could be captured and used for
recharge.
Mr. Prima replied that most of the storm water goes into the Woodbridge canal. Staff has
discussed setting up a recharge project adjacent to the canal.
PUBLIC COMMENTS:
00 Dennis Alexander described his vineyard operation and results of drip irrigation aid
summer water evaporation from various farming techniques. He warned against
groundwater recharge at the Micke Grove property because of the chemicals that have
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Continued April 19, 2006
been applied over many years to the vineyards and farmland. Once the contaminants
reach the aquifer the well water would be unusable. He recommended that a water
treatment facility be constructed using private money by selling stock or shares.
Council Member Hhnsen asked Mr. Prima to look into the possibility of using private
money to fund the water treatment plant.
co Ann Cerney suggested that the two large proposed developments are driving this
discussion. She noted that $25 million is the estimate for the treatment plant, the WID
water will cost $48 million over 40 years, and the groundwater contamination cleanup is
estimated to cost $45 million. To date, the only clear step taken to address the
financial consequences of these expenses is to increase the rates to ratepayers. She
supported the groundwater recharge option and encouraged Council to wait six weeks
as requested by Mr. Steffani.
00 Dave Philips voiced support for groundwater recharge and stated that he did not want
Lodi's water chlorinated.
MOTION #1:
Council Member Beckman made a motion, Hitchcock second, to NOT pursue a water
treatment plant and to explore other options.
DISCUSSION:
Mayor Pro Tempore Johnson and Council Member Mounce indicated support for the water
treatment plant option; however, both were willing to wait six weeks for the test results at
the Micke Grove property.
Council Member Hansen stated that he wanted Lodi to receive 100% of the benefit from the
WID water.
VOTE:
The above motion failed by the following vote:
Ayes: Council Members — Beckman and Mayor Hitchcock
Noes: Council Members — Hansen, Johnson, and Mounce
Absent: Council Members — None
MOTION #2 / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, voted to delay
action for six weeks to allow for the Northern San Joaquin Water Conservation District to
complete its groundwater recharge studies and directed staff to evaluate and report back to
Council with cost estimates for groundwater recharge versus a water treatment plant, cost
implications of buying versus leasing property, and an analysis of water chemistry issues at
the proposed Micke Grove site for the groundwater recharge project. The motion carried by
the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Hitchcock
Noes: Council Members — Beckman
Absent: Council Members — None
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Mayor Pro Tempore Johnson, Beckman second, voted to continue
with items K-2, L-1, L-2, M-1, M-2, and M-3 following the 11:00 p.m. hour. The motion carried by
the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, and Mayor Hitchcock
Noes: Council Members — Mounce
Absent: Council Members — None
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Continued April 19, 2006
K. REGULAR CALENDAR (Continued)
K-2 "Consider extending the active date to May 12, 2006, for an application submitted by
San Joaquin Valley Land Company for entitlements related to development of a 220 -acre
site located immediately south of Harney Lane between State Route 99 and the Union
Pacific Railroad, pending a decision by Blue Shield of California to remain and expand in
Lodi"
City Manager King recalled that on January 18 Council authorized that an agreement be
entered into between Blue Shield and San Joaquin Valley Land Company to provide for
reimbursement of costs related to engineering and planning for the development of 220
acres, of which 20 acres was intended to accommodate a new Blue Shield office, 41 acres
for retail shopping, and 134 acres for residential and supporting uses. The agreement
contemplated that Blue Shield would make a decision by February 28 whether to pursue
purchase of the office site. The applicant and Blue Shield have requested relief from the
decision date deadline. Blue Shield has indicated that it now expects to make a decision
no later than May 12.
MOTION:
Council Member Beckman made a motion, Johnson second, to extend the active date to
May 12, 2006, for an application submitted by San Joaquin Valley Land Company for
entitlements related to development of a 220 -acre site located immediately south of Harney
Lane between State Route 99 and the Union Pacific Railroad, pending a decision by Blue
Shield of California to remain and expand in Lodi.
DISCUSSION:
Mayor Hitchcock preferred that it go through the general plan process.
Council Member Mounce recalled that she originally voted against the proposal, but has
changed her opinion based on the fact that Blue Shield is an important company that the
City could not afford to lose.
Council Member Hansen disclosed that he spoke with Dale Gillespie about this matter prior
to the meeting.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, and Mounce
Noes: Council Members — Mayor Hitchcock
Absent: Council Members — None
K-3 "Adopt resolution establishing Public Works Department engineering fees for various
development services; amending Community Improvement fees for administrative
procedures; and amending Planning fees to add pre -development review and hourly
charges" was pulled from the agenda pursuant to the above vote.
K-4 "Adopt resolution authorizing the City Manager to execute professional services agreement
with Fehr & Peers Transportation Consultants, of Walnut Creek, for preparation of Travel
Demand Forecasting Model for General Plan Update and appropriating funds ($160,000)"
was pulled from the agenda pursuant to the above vote.
K-5 "Adopt resolution authorizing the City Manager to execute two agreements to prepare
Environmental Impact Report amendments for the Lodi Shopping Center: one with Pacific
Municipal Consultants for $72,000 and one with Bay Area Economics for $46,075" was
pulled from the agenda pursuant to the above vote.
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Continued April 19, 2006
K-6 "Authorization to fill a previously 'frozen' Junior/Assistant/Associate Planner position in the
Community Development Department" was pulled from the agenda pursuant to the
above vote.
K-7 "Introduce ordinance imposing a Transactions and Use Tax to be administered by the State
Board of Equalization and adding Chapter 3.09 to the Lodi Municipal Code, which shall be
operative only IF two-thirds of the electors voting on the Fire & Facilities Sales Tax Measure
(citizens initiative) vote to approve the imposition of the tax at the November 7, 2006,
General Municipal Election" was pulled from the agenda pursuant to the above vote.
K-8 "Authorize the City Manager to execute fee adjustment agreement for Vintage Oaks
Subdivision" was pulled from the agenda pursuant to the above vote.
L. ADJOURN TO SPECIAL JOINT MEETING OF THE LODI CITY COUNCIL AND REDEVELOPMENT
AGENCY
At 12:31 a.m., Thursday, April 20, 2006, Mayor Hitchcock adjourned the regular meeting of the City
Council to a Special Joint meeting with the Redevelopment Agency NOTE: Refer to the Special
Joint meeting with the Redevelopment Agency minutes of April 19, 2006).
The Regular City Council meeting reconvened at 12:43 a.m., Thursday, April 20, 2006.
M. ORDINANCES
M-1 Following reading of the title of Ordinance No. 1772 entitled, "An Ordinance of the Lodi City
Council Amending Chapter 13.20, 'Electrical Service,' by Amending Sections 13.20.175
Schedule MCA, 13.20.190 Schedule EA, 13.20.200 Schedule ED, 13.20.210 Schedule EM,
13.20.220 Schedule MR, 13.20.230 Schedule EL, 13.20.240 Schedule G1, 13.20.250
Schedule G2, 13.20.260 Schedule G3, 13.20.270 Schedule G4, 13.20.280 Schedule G5,
and 13.20.310 Schedule 1-1 Relating to Rate Schedules; Adding Section 13.20.235
Schedule ES (City Facilities Service); and Repealing Sections 13.20.202, 13.20.203, and
13.20.204," having been introduced at a regular meeting of the Lodi City Council held
February 15, 2006, the City Council, on motion of Council Member Hansen, Johnson
second, waived reading of the ordinance in full and adopted and ordered it to print by the
following vote:
Ayes: Council Members — Hansen, Johnson, and Mayor Hitchcock
Noes: Council Members — Beckman and Mounce
Absent: Council Members — None
Abstain: Council Members — None
M-2 Following reading of the title of Ordinance No. 1777 entitled, 'An Ordinance of the Oty
Council of the City of Lodi Amending Lodi Municipal Code Title 1 — General Provisions — by
Creating and Adding Chapter 1.10, 'Administrative Enforcement Provisions'," having been
introduced at a regular meeting of the Lodi City Council held April 5, 2006, the City Council,
on motion of Council Member Beckman, Johnson second, waived reading of the ordinance
in full and adopted and ordered it to print by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
M-3 Following reading of the title of Ordinance No. 1778 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code by Repealing Chapter 2.34,
'Administrative Procedures for Administrative Proceedings,' in Its Entirety; Repealing and
Reenacting Section 3.01.460, Business Tax Certification — 'Enforcement'; Repealing and
15
Continued April 19, 2006
Reenacting Section 10.56.020 (J), (K), and �)-(1), Removal of Vehicles — `Removal from
Private Property'; Amending Building Code Section 15.04.060, 'Violation -Misdemeanor,' by
Adding Section (C); Repealing and Reenacting Chapter 15.24, `Housing Code,' Sections
15.24.30 — 15.24.70 and Sections 15.24.090 — 15.24.100; Repealing and Reenacting
Sections 15.28.030, 15.28.070, 15.28.080, 15.28.090, 15.28.100, 15.28.120, and 15.28.140
Relating to the Abatement of Dangerous Buildings Code; Repealing Sections 15.30.040 —
15.30.220 and Reenacting Sections 15.30.040 — 15.30.060 Relating to Property
Maintenance and the Designation of Certain Kinds of Nuisances; and Amending Chapter
15.31, `Weed and Refuse Abatement,' by Adding Sections 15.31.150 — 15.31.170," having
been introduced at a regular meeting of the Lodi City Council held April 5, 2006, the City
Council, on motion of Council Member Beckman, Johnson second, waived reading of the
ordinance in full and adopted and ordered it to print by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
12:48 a.m., Thursday, April 20, 2006.
ATTEST:
Susan J. Blackston
City Clerk
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