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HomeMy WebLinkAboutMinutes - December 13, 2016 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, DECEMBER 13, 2016 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, December 13, 2016, commencing at 7:01 a.m. Present: Council Member Chandler, Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Topic(s) B-1 First Quarter Fiscal Year 2016/17 Water, Wastewater, and Electric Utility Department Financial Reports (CM) Public Works Department Utilities Manager Lance Roberts provided a PowerPoint presentation regarding the Water/Wastewater Fiscal Year 2017 Quarterly Update. Specific topics of discussion included Wastewater Fund cash flow summary, Wastewater operating results, Wastewater funds cash balances, Water Fund cash flow summary, Water operating results, Water funds cash balances, bad debt write off, and Water/Wastewater utility activities. In response to Council Member Johnson, City Manager Schwabauer stated that Lodi's legal water supply is in decent shape, explaining that, following the drought, usage was 12 to 13 million acre feet of water a year and Lodi's sustainable yield in the groundwater aquifer is 14 to 15 million acre feet a year. The City purchases 1,000 acre feet of water a year from Woodbridge Irrigation District but has agreements to receive 7,000 acre feet a year. Mr. Schwabauer stated the City will likely take 8,000 acre feet this year because it is using banked water, but overall, the City has a surplus of 8,000 to 9,000 acre feet a year. Mr. Roberts added that staff is currently performing a water balance study, which demonstrates the City is sustainable. Mr. Schwabauer stated the County is overdraft in its water, but Lodi is not, and that many within the County are overdraft by 100,000 acre feet a year because they take more water from the aquifer than the groundwater can supply. He stated the law requires this imbalance be corrected by the year 2021. City Attorney Magdich reminded Council that a Groundwater Sustainability Plan must be adopted by June 30, 2018. Mr. Schwabauer stated he anticipates there will be a significant cut in water allocations in the County sometime within the next 25 years, which will result in entities battling each other. He believed that, out of the County entities, Lodi was in the best position by being the sole sustainable entity. Ms. Magdich stated the Sustainability Groundwater Management Agency will hold another meeting and workshop on Wednesday and she will provide an update within the next month. She stated that movement on this issue is slowing and there has been minimal progress. Electric Utility Department Rates and Resources Manager Melissa Price provided a PowerPoint presentation regarding the Electric Utility (EU) Department Fiscal Year 2017 Quarterly Update. Specific topics of discussion included EU Fund cash flow summary, EU Reserve Policy, EU funds cash balances, power sales, Energy Cost Adjustment (ECA) revenue, EU Fund operating results, power supply costs, bad debt write off, and load coverage. In response to Council Member Johnson, Electric Utility Director Elizabeth Kirkley confirmed that newly -hired linemen and apprentices will be online after the first of the year. Council Member Johnson questioned if there was a way to lock employees into a commitment because often times the City pays to train these individuals and they leave shortly thereafter. Mr. Schwabauer stated 1 the City cannot force employees to stay; however, Ms. Magdich explained there is a program that requires employees trained by the City to pay back a percentage of the amount spent on training. The amount is based on a sliding scale, depending on when they leave. In response to Council Member Johnson, Ms. Price stated that Electric Utility maintains an A - rating with the rating agencies and to achieve an AA rating, the agencies prefer 150 days of cash in reserve. EU's current reserve policy is 90 days cash, and she stated the debt management policy, which will come before Council in the near future, will include methods to move the City closer to that preference. In response to Mayor Pro Tempore Nakanishi, Ms. Price stated there is presently a regionalization effort underway from the California Independent System Operator to bring others into a western focus balancing authority and, on the transmission side, costs are rising because there is cost recovery associated with adding more transmission lines as additional solar systems are built. Once the 230 kV transmission project is complete, Lodi will realize a savings in low - voltage transmission. In further response, Mr. Schwabauer stated that further legislation requiring additional green energy will drive up costs because that load will not come out of the Lodi Energy Center. In response to Mayor Kuehne, Ms. Price stated that the solar project is ahead of schedule and is currently in the process of receiving approval as a commercial operation. In response to Council Member Johnson, Ms. Kirkley stated that PG&E held open houses regarding the 230 kV project to present specific route options and a number of individuals expressed concern about the locations. PG&E intends to provide Council with an update early next year and review the next steps in the process. She stressed how important this project is for Lodi to address capacity issues and to serve new development. Mr. Schwabauer added this project is equally important for all of north county in order to have potential for growth in communities and to provide reliable and cheaper transmission costs. Ms. Kirkley stated this project also supports bringing in renewables from the Sierras. In response to Council Member Chandler, Ms. Kirkley confirmed that the California Public Utilities Commission will ultimately select the final route for the 230 kV line. Ms. Kirkley provided a PowerPoint presentation regarding the EU activities. In response to Mayor Pro Tempore Nakanishi, Ms. Kirkley confirmed that Lodi's power is more reliable than PG&E's, and Mr. Schwabauer stated Lodi's rates are also cheaper and that selling the Utility would guarantee an increased frequency of power outages and higher rates. Mayor Pro Tempore Nakanishi stated this information should be shared with the public because every year citizens complain about Lodi's rates and reliability. Mr. Schwabauer stated he would provide the appropriate slides to the Lodi News -Sentinel. Business Development Manager Adam Brucker provided a report on the recent installation of the light emitting diode (LED) decorative light fixtures that were changed out along Hutchins Street between Pine and Oak Streets. Area businesses and residents were asked for their feedback, with four responding. Most of those commenting were pleased with the change and appreciate the additional lighting because it makes them feel safer and more secure. The complaints consisted of lights shining too brightly into windows, particularly upstairs, and staff worked with the contractor to install shields on the house side of the fixture at various test locations. Because the globes refract light 360 degrees, the shield only blocks about a quarter of the area and staff is working with the contractor to develop a shield that covers more. Staff will be attending the January 10, 2017, Lodi Improvement Committee meeting to promote the lights and seek additional feedback. Ms. Kirkley added that this replacement project will be handled internally at $100,000 a year, which is approximately 170 lights, and will start with high primaries for better illumination and will likely expand upon those installed along Pine Street because there is less concern from residents about harsh lighting in that area. Mayor Kuehne stated that he prefers the new lights because they are brighter, clearer, and are 2 more aesthetically pleasing. Mayor Pro Tempore Nakanishi stated he too prefers the LED lights because there is potential for significant cost savings over time. Mr. Brucker explained that the LED lights, which are diodes and not a bulb, are retrofit on top of the existing pole. Ms. Kirkley stated she would provide Council with the potential cost savings of switching to LED lighting. With regard to comments about lights being too harsh and shining into windows, Council Member Johnson pointed out the difficulty in pleasing everyone and that other options, such as providing customers with coupons for light -blocking window treatments, may be a better approach. In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer stated that the City Council is the regulatory body for rates in Lodi. He explained there are two classes of rate increases: one-time, significant rate hikes when councils are reluctant to take action; and regular, small increases to account for cost adjustments. The one-time, significant increases are devastating to councils and rate payers while the regular, smaller increases are more palatable because they are predictable and the costs are more easily absorbed. It is responsible fiscal management to take small steps to manage finances. Myrna Wetzel complained that some of the recently -installed utility poles are releasing a black discharge onto the sidewalks and she questioned if the City had a maintenance schedule to inspect poles. Electric Utility Superintendent Charles Berry explained that the poles are made of pressure - treated wood with chemicals to protect against water and insects. He requested information on the location of the leaking poles so staff can look into the matter, adding that staff will tighten up its quality control. C. Comments by Public on Non -Agenda Items City Manager Schwabauer reported that the recount of Measure S was discontinued by the Lodi Professional Firefighters (LPF) as no new votes were acquired on the first day of counting. He shared his observation that, in reviewing the votes by precinct, it appears that residents on the east side of Lodi overwhelmingly supported both Measures R and S while the west side residents overwhelmingly voted against the measures. In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer stated that LPF paid $2,000 for one day of counting, but a full recount could have cost upwards of $14,000. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 7:51 a.m. ATTEST: Jennifer M. Ferraiolo City Clerk 3 CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM TM AGENDA TITLE: Receive Presentation on Nuisances from Lost or Stolen Shopping Carts in Lodi and Provide Direction MEETING DATE: December 20, 2016 PREPARED BY: City Attorney and Community Development Director RECOMMENDED ACTION Receive presentation on nuisances from lost or stolen shopping carts in Lodi and provide direction. BACKGROUND INFORMATION: Over the past year, the City Council, Lodi Improvement Committee and the Committee on Homelessness have been discussing potential options and solutions regarding lost, stolen, and abandoned shopping carts. On October 25, 2016, City staff held a public hearing to discuss the nuisances created by lost, stolen, and abandoned shopping carts within Lodi and the surrounding areas. City Attorney and Community Development staff will present an overview of the current nuisance shopping cart activities and abandonment, legal constraints on collection and retrieval by the City and potential solutions to reduce lost, stolen, and abandoned shopping carts within Lodi. We will also share the public comments from the October 25th public meeting. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Stephen Schwabauer Community Development Director APPROVED: Stephen Schwabauer, City Manager City Council December 20, 2016 Shirtsleeve to discuss potential options and solutions regarding lost, stolen, and abandoned shopping carts. PROBLEMS WITH LOST, STOLEN, AND ABANDONED SHOPPING CARTS On October 25, 2016 - City staff held a public meeting to discuss potential options and solutions regarding lost, stolen, and abandoned shopping carts. Representatives from the City Council, Planning Commission, Downtown Business, Lodi Improvement Committee, Committee on Homelessness and concerned citizens attended. Comments provided during October 25, 2016 Public Meeting. Businesses that Allow Shopping Carts to Become Lost, Stolen or Abandoned Contribute to City-wide Nuisance (Photos by City of Lodi Code Enforcement) City's Ability to Collect and Retrieve Abandoned Shopping Carts is Constrained by Existing Laws • Constitutional Due Process and Search and Seizure Requirements Limit City's Ability to Collect/Retrieve Carts: • Located on Private Property; and/or • Carts Containing Personal Possessions. • California Business and Professions Code § 22435.7 Preempts the Areas of Collection and Impoundment of Certain Carts by Local Governments and Defines the Process City Must Follow. • "The Legislature hereby finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section." Bus. & Prof. Code, § 22435.7 Retrieval/Impoundment Regulations (b) A shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be impounded by a city, county, or city and county, provided both of the following conditions have been satisfied: (1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. (2) Except as provided in subdivision (i), the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city, county, or city and county of the shopping cart's discovery and location. (c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately retrieve the shopping cart from public or private property. (d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service. (e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:(1) Reasonably convenient to the owner of the shopping cart.(2) Open for business at least six hours of each business day. (f) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed fifty dollars ($50) for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one -day period. (g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. (h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts. (i) Notwithstanding paragraph (2) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in paragraph (1) of subdivision (b) without complying with the three-day advance notice requirement provided that: (1) The owner of the shopping cart, or his or her agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed. (2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e). (3) Any shopping cart reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three -business -day period shall not be deemed an occurrence for purposes of subdivision (f). (4) Any shopping cart not reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice. (5) Any shopping cart not reclaimed by the owner or his or her agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g). California Business and Professions Code, § 22435.1 Prevents City From Citing and Prosecuting for Unlawful Removal, Possession, or Abandonment, Unless the Cart is Specifically Marked and Labeled. "The provisions of Section 22435.2 shall apply when a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer." "It is unlawful to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided in Section 22435.1: (a) To remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (b) To be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (c) To be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (d) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (e) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (f) To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart." (Bus. & Prof. Code, § 22435.2) City is Required to Store Retrieved Carts State Law Requires City to Store Retrieved Carts Before Disposing: • Minimum of 30 days for carts properly marked under the Business and Professions Code. • Minimum of 90 days for unmarked carts, under Civil Code lost and abandoned property statutes. Existing Statutory and Legal Scheme Makes it Difficult for City to Cleanup Neighborhoods and Burdens City Resources. Constitutional and statutory restraints such as the right to due process and prohibition on unreasonable search and seizure do not allow the City to simply go out in the community and pick up lost, stolen, or abandoned carts. Businesses must take responsibility to ensure that their carts do not leave their premises and end up abandoned in the community. POTENTIAL SOLUTIONS TO ADDRESS LOST, STOLEN, AND ABANDONED SHOPPING CARTS Municipal Ordinance Regulations to Address Nuisance of Lost, Stolen, and Abandoned Shopping Carts Municipal Ordinance Regulations Requiring: • On-site cart retention system. • Cart retrieval program. • Annual plan for prevention of cart removal. • Cart owner identification signs. • Cart removal warning signs on business premises and carts. • Employee training. • Shopping cart security after business hours. Communities throughout California have enacted shopping cart ordinances requiring a combination of the above. Please share any experiences operating in other communities. On-site Cart Retention Systems • Mechanical disabling devices on all shopping carts, such as automatic locking wheels, which prevent the cart from being removed from the business premises. • An on-site security guard to prevent customers from removing carts from the business premises. • Bollards and/or other barriers around the business premises to prevent cart removal. • Obtaining a security deposit from customers for the use of shopping carts on the business premises. • Rental or sale of carts that can be temporarily or permanently used for the transport of purchases. Cart Retrieval Program • A mandatory cart retrieval plan and program, subject to annual review and approval by the City, that is sufficient to respond to complaints from the public or city regarding abandoned carts in a manner that results in the retrieval of the carts within 24 hours of receiving the complaint(s). • May include a contract with a cart retrieval service that is capable of removing carts within 24 hours of receiving of complaint. • Annual submission of shopping cart inventory providing a unique identifying serial number to allow owner identification. Identification and Warning Signage • Cart identification signs, as defined in Business and Professions Code Section 22435.1, permanently affixed and clearly visible on all carts. • Unique serial numbers permanently affixed to all carts. • Cart removal warning signs posted prominently and conspicuously at all entrances of the business establishment. Warnings will be in the form of a sign or text, at least 18 inches in width and 24 inches in height containing a statement in two or more languages to the effect that unauthorized removal of a shopping cart from the business premises, or unauthorized possession of a shopping cart in a location other than the business premises, is a violation of state law and city ordinance. • Written notice to customers, in the form of flyers, warnings on shopping bags, carts, or other methods, that removal of carts from the premises and parking lots is prohibited and a violation of state and local law. Questions and Discussion