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LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING

CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 6, 2001

C-1 CALL TO ORDER / ROLL CALL

The City Council Closed Session meeting of June 6, 2001 was called to order by Mayor Nakanishi at 5:35 p.m.

Present: Council Members – Hitchcock (arrived at 5:50 p.m.), Howard, Land, Pennino and Mayor Nakanishi

Absent: Council Members – None

Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston

C-2 ANNOUNCEMENT OF CLOSED SESSION

a) Pursuant to Government Code §54956.9(c); conference with legal counsel; anticipated litigation/initiation of litigation regarding 1335 and 1477 Harney Lane, Lodi, CA (APN 058-230-15 and 058-230-16 respectively) for the extension of Mills Avenue; one potential case

b) Pursuant to Government Code §54956.9(c); conference with legal counsel; anticipated litigation/initiation of litigation regarding 1723 W. Kettleman Lane, Lodi, CA (APN 031-040-09); one potential case

c) Prospective acquisition of real property located at 302 E. Highway 12, Lodi, California (APN 058-030-01); the negotiating parties are City of Lodi and Carolyn Reichmuth; Government Code §54956.8

d) Prospective lease of property located at 217 N. School Street, (APN 043-023-04); the negotiating parties are the City of Lodi and James and Donna Lockwood; price and terms of the lease are under negotiation; Government Code §54956.8

C-3 ADJOURN TO CLOSED SESSION

At 5:36 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters.

C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION

At 7:00 p.m., Mayor Nakanishi reconvened the City Council meeting and City Attorney Hays disclosed the following actions.

In regard to item C-2 (a), the City Council directed staff to make fair market value offers for the property acquisitions at 1335 & 1477 Harney Lane and to file eminent domain actions if necessary subsequent to that action.

In regard to item C-2 (b), the City Council directed staff to make a fair market value offer for the property acquisition at 1723 W. Kettleman Lane and to file an eminent domain action if necessary subsequent to that action.

In regard to item C-2 (c), the City Council directed staff to respond to the property owner’s counter offer made to the City for the property located at 302 E. Highway 12.

In regard to item C-2 (d), the City Council took no reportable action.

A. CALL TO ORDER / ROLL CALL

The Regular City Council meeting of June 6, 2001 was called to order by Mayor Nakanishi at 7:00 p.m.

Present: Council Members – Hitchcock, Howard, Land, Pennino and Mayor Nakanishi

Absent: Council Members – None

Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston

B. INVOCATION

The invocation was given by Pastor Jean Lebbert, Emanuel Lutheran Church.

C. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Nakanishi.

D. AWARDS / PROCLAMATIONS / PRESENTATIONS

D-1 (a) Awards – None

D-2 (a) Mayor Nakanishi presented a proclamation to Natalie Reyes, representative of the Baha’i, proclaiming Sunday, June 10, 2001 as "Race Unity Day" in the City of Lodi. Ms. Reyes invited everyone to the picnic at Hale Park on Sunday from 12:00 p.m. to 4:00 p.m. and congratulated Mayor Pro Tempore Pennino on his recent leadership award from the National Association of Regional Councils.

D-2 (b) Mayor Nakanishi presented a proclamation to Sergeant Nicholas Lopez, with the US Army, recognizing June 14 as the Army’s Birthday, as well as proclaiming the week of June 11 – 17, 2001 as "United States Army Week" in the City of Lodi.

D-3 (a) Phyllis Grupe, Chairperson for the Community Partnership for Families of San Joaquin, reported that they are celebrating three years of collaboration between more than 70 agencies, community based organizations, businesses, and individuals. The Partnership believes in the importance of investing in children at an early age in order to ensure their success in the future.

Stewart Wakeling, Juvenile Justice Coordinator for San Joaquin County and Director of the Partnership, explained that his job is to develop more systematic and comprehensive approaches to preventing juvenile crime in San Joaquin County. He stated that the most reliable predictor of later criminal offending can be something as simple as low birth weight. The Partnership is made up of leadership from neighborhood groups, the faith community, schools, elected officials, public and private social service, health, criminal justice agencies, and the business community. The Partnership was first organized in 1998 through the leadership of San Joaquin County A+. They have developed neighborhood service centers in three areas of Stockton, which improve access and provide integrated services for families and have built strong neighborhood collaboratives and pulled together resources necessary to support new neighborhood centers in four areas. The Partnership supported the Celebration on Central event last year and has been working with Lodi Unified School District and other groups in Lodi for over a year. Funds have been secured through the Crime Prevention Act of 2000 to support the development of a neighborhood service center and an integrated service area in east Lodi. Mr. Wakeling invited the Council to participate in the semi-monthly meetings and noted that a retreat will be held in the Fall to do intensive planning.

Mayor Pro Tempore Pennino stated that Lodi already has a similar county community organization located on Sacramento Street south of Lodi Avenue and suggested that the Partnership consider merging its services with them.

Mr. Wakeling replied that the Partnership would be happy to collaborate with them.

D-3 (b) Theresa Yvonne, Arts Coordinator, reported that the Arts Commission recently finished the Smooth Jazz series. On June 18 a new summer musical theater will begin with "The Sound of Music" for youth ages 9 to 18 years. Jewel of the Valley poetry series will be held every fourth Friday of the month at the Lodi Wine and Visitors Center. Every second Saturday of the month from, June through September, the Under the Columns Series will be held at Hutchins Street Square. Ms. Yvonne invited Council Member Land to be the master of ceremonies for the July 3 Celebrate America event at 6:00 p.m. at the Omega Nu Stage at the Square. Mr. Land accepted the invitation.

Council Member Hitchcock commented that she recently participated in the Art at the Square Event where a representative from Ironstone Winery had mentioned that the Arts Commission was the most professional group he had ever worked with.

D-3 (c) John Johnson, with the Lodi Sports Foundation, reported that the A.G. Edwards 3-on-3 Basketball Tournament was held May 20 at Lodi High School and had 120 teams participating with over 400 players on 34 courts. The event raised $7,500 for various groups. He thanked Electric Utility for sponsoring the event, as well as the departments of Parks and Recreation, Fire, and Public Works – Streets Division for their assistance. The next 3-on-3 basketball tournament is scheduled for April 28, 2002, 1:00 p.m. at Lodi High School.

D-3 (d) Community Promotions Coordinator Cynthia Haynes explained that United 4 Youth is a two-year grant sponsored by the United Way of San Joaquin County that will bring $130,000 into the community. The grant is for the purpose of addressing constructive use of time and social competencies, and targets grades 7 to 12. Requests for proposals are being distributed now and will be collected through August 31. In reply to Mayor Pro Tempore Pennino’s suggestion, Ms. Haynes stated that she will be making a presentation to the Youth Commission regarding United 4 Youth.

D-3 (e) Community Improvement Manager Joseph Wood reported that over 288 tons of garbage was removed in Lodi during Keep California Beautiful month in April. He thanked the volunteers, the Adopt-a-Block program, East Side Improvement Committee, Rotary Club, Central Valley Waste Services (CVWS), Salvation Army, Lodi News-Sentinel, Good Will Industries, Parks and Recreation Department, Congressman Pombo and Assemblyman Pescetti, and the local businesses of Miller Meats, Rainbow Bread, General Mills, and Jergen’s Refrigeration.

Christine Wied and George Campa of CVWS presented certificates to the recipients of the Keep America Beautiful/Keep California Clean poster contest winners:

Kindergarten to 3rd grade – Joey Mellow, Betsy Colburn

4th to 6th grade – Conor Peterson, Rena Flores

7th to 8th grade – Kymberlea Young, Ashley Shroyer

Ms. Wied stated that several hundred entries were received and the winning posters will be enlarged and painted on the walls at CVWS’s buyback center.

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E. CONSENT CALENDAR

In accordance with the report and recommendation of the City Manager, Council, on motion of Mayor Pro Tempore Pennino, Land second, unanimously approved the following items hereinafter set forth except those otherwise noted:

E-1 Claims were approved in the amount of $6,291,047.39.

E-2 The minutes of May 1, 2001 (Shirtsleeve Session), May 2, 2001 (Regular Meeting), May 29, 2001 (Shirtsleeve Session), and May 29, 2001 (Special Meeting) were approved as written.

E-3 Approved the specifications for a supply contract for various items of overhead and underground distribution hardware for Fiscal Years 2001-2003 and authorized advertisement for bids.

E-4 Authorized advertisement for bids as necessary for polemount and padmount transformers for Fiscal Years 2001-2003.

E-5 Approved the specifications for truck hauling services for asphalt concrete, asphalt concrete grindings, and spoils and authorized advertisement for bids.

E-6 Approved the specifications for compressed natural gas (CNG) equipment and authorized advertisement for bids.

E-7 Adopted Resolution No. 2001-125 awarding the bid for the following quantities of 600-volt XLPE underground triplex cable to the second-low bidder, Western States Electric, Portland, Oregon:

24,000 feet #1/0 underground triplex cable $16,047.60

25,000 feet #350 underground triplex cable $40,473.75

TOTAL $56,571.35

E-8 Adopted Resolution No. 2001-126 awarding the bid for two Self-Supporting Direct Imbedded Steel Poles to the low bidder, Thomas & Betts, Corp., of Hager, WI, in the amount of $16,386.23.

E-9 "Adopt resolution awarding the contract for installation of streetlights on Streetlight Completion Project, Phase 2, to Tim Paxin’s Pacific Excavation, Inc., of Elk Grove ($367,221)" was removed from the Consent Calendar and discussed and acted upon following the Regular Calendar.

 

E-10 Adopted Resolution No. 2001-127 awarding the contract for Stockton Street Reconstruction, Lodi Avenue to Lockeford Street, to George Reed, Inc., of Modesto, in the amount of $1,238,229; and appropriated funds in accordance with staff recommendation.

 

E-11 Adopted Resolution No. 2001-128 awarding the contract for Stockton Street Reconstruction, Tokay Street to Lodi Avenue, to Dell Engineering, of Stockton, in the amount of $792,591; and appropriated funds in accordance with staff recommendation.

 

E-12 Adopted Resolution No. 2001-129 awarding the contract for traffic safety improvements to CalTraffic, of Ceres; and appropriated $6,814.73 for the project.

 

E-13 Accepted the improvements under the "Beckman Road Reconstruction and Bike Lane Striping, 1,000 Feet South of Vine Street to 700 Feet North of Pine Street" contract.

 

E-14 Accepted the improvements under the "Armory Park Field Lighting, 333 N. Washington Street, and Softball Complex Field Lighting, 401 N. Stockton Street" contract.

 

E-15 Adopted Resolution No. 2001-130 accepting the development improvements in Towne Ranch, Unit No. 8, Tract No. 3037.

 

E-16 Adopted Resolution No. 2001-131 accepting the development improvements at 200 W. Lodi Avenue.

 

E-17 Adopted Resolution No. 2001-132 authorizing the City Manager to execute a contract with Blymyer Engineering, Inc., of Alameda, for the final design, engineering, and construction management for the Municipal Service Center (MSC) compressed natural gas (CNG) station; and appropriated funds for the project.

 

E-18 Adopted Resolution No. 2001-133 authorizing the City Manager to provide a Public Benefits Program Grant in the amount of $33,144.00 to fund the Salvation Army Demand-side Management Project as part of a two-phase energy efficiency improvement project.

 

E-19 Adopted Resolution No. 2001-134 authorizing the City Manager to provide a Public Benefits Program Grant in the amount of $30,000.00 to fund the Lodi Energy Efficient Windows & Shade Screen Program.

 

E-20 Adopted Resolution No. 2001-135 authorizing the City Manager to provide a Public Benefits Program Grant in the amount of $17,765.50 to partially fund the Lodi Export Group Load Management Pilot Project.

 

E-21 Adopted Resolution No. 2001-136 authorizing the City Manager to provide a Public Benefits Program Grant in the amount of $90,731.00 to fund the Mondavi Distribution Center Demand-side Management Project.

 

E-22 Adopted Resolution No. 2001-137 approving the master lease agreement between the City of Lodi and the Lodi Grape Festival and National Wine Show Association for use of the festival grounds from July 1, 2001 to June 30, 2006.

 

E-23 Adopted Resolution No. 2001-138 approving the application for grant funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.

 

E-24 "Adopt resolutions of the City of Lodi declaring its intent to reimburse certain expenditures from proceeds of indebtedness for City facilities (Public Safety, Parks and Recreation, and General Government projects)" was removed from the Consent Calendar and discussed and acted upon following the Regular Calendar.

 

E-25 Adopted Resolution No. 2001-139 authorizing the City Manager to file the revised claim for 2000/01 Transportation Development Act (TDA) funds and file the claim for 2001/02 TDA funds in the amount of $2,046,897 from the Local Transportation Fund (LTF) and $26,151 from State Transit Assistance (STA).

 

E-26 "Adopt resolution amending Traffic Resolution approving speed limits on Pine Street" was removed from the Consent Calendar and discussed and acted upon following the Regular Calendar.

 

E-27 Adopted Resolution No. 2001-140 authorizing the City Manager to enter into training agreements with the State of California’s Department of California Highway Patrol for police officer training.

E-28 "Authorization to disband the Gang Alternative Project (GAP)" was removed from the Consent Calendar and discussed and acted upon following the Regular Calendar.

E-29 Received information regarding Summer programs for North County youth administered by the City of Lodi’s Parks and Recreation Department.

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F. COMMENTS BY THE PUBLIC ON NON-AGENDA ITEMS

Jim Dryburgh, President and Owner of Holz Rubber Company, thanked the City, and specifically Mayor Nakanishi, Economic Development Coordinator Tony Goehring, Electric Utility Director Alan Vallow, and Manager of Customer Programs Rob Lechner, for their assistance in lowering energy costs in his facility through a $25,000 grant for insulation. He stated that it is 15 degrees cooler in the plant than it was previously at this time of year. Mr. Dryburgh presented a thank you card (filed) signed by 100 of Holz Rubber Company’s 130 employees.

JoAnne Mounce thanked the following individuals:

City Engineer Wally Sandelin – for the sidewalks at the corner of Locust and Garfield Streets

Street Supervisor Tom Evans – for planting and then replacing vandalized trees on Ms. Mounce’s property

Maintenance Worker Dan Guerrero – for graffiti abatement

Street Superintendent George Bradley – for street light repair

Animal Control Officer Terri Arbuckle – for dedication to Lodi’s animals

Electric Utility Director Vallow – for not submitting to rolling blackouts

Mayor Pro Tempore Pennino – for twelve years of service

The City Council – for its foresight regarding street maintenance issues on the east side

Council Member Land – for validating Ms. Mounce’s concerns and being an outstanding citizen representative

Parks and Recreation Department, Community Development–Planning Division, and volunteers – for their work on the proposed skatepark

Management Analyst Janet Hamilton – for the Celebration on Central event to be held September 30

Police Chief Adams – for one of the finest Police Departments in the country

Council Member Hitchcock – for always asking great questions

Community Improvement Manager Joseph Wood and staff – for addressing citizen concerns and for improvements on the east side

City Manager Flynn – for "holding it all together"

Fire Chief Pretz – for the excellent Firefighters in Lodi

Robert Haro, 1415 Cardinal Street, Lodi, stated that he has been having a problem with the streetlights in front of the business he owns on Cherokee Lane. He asked that the lights be repaired and the sidewalk extended.

City Manager Flynn asked Mr. Haro to contact him about these issues.

G. PUBLIC HEARINGS

G-1 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Nakanishi called for the Public Hearing to consider an appeal from Wayne Ogren regarding Notice and Order to Repair and Notice and Order to Vacate issued for his property located at 225 N. Rush Street, Lodi.

MOTION / VOTE:

The City Council, on motion of Council Member Land, Hitchcock second, unanimously continued the Public Hearing to August 15, 2001 to consider an appeal from Wayne Ogren regarding Notice and Order to Repair and Notice and Order to Vacate issued for his property located at 225 N. Rush Street, Lodi.

G-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 Nakanishi called for the Public Hearing to consider the request of the Community Development Department for 1a) Land Use General Plan Amendment changing the designation from PQP, Public Quasi-Public to LDR, Low Density Residential for the Century Meadows 4 Subdivision (parkland portion); 1b) Rezoning from PUB, Public to R-2, Single Family for the Century Meadows 4 Subdivision (parkland portion); 2a) Land Use General Plan Amendment changing the designation from LDR, Low Density Residential to PQP, Public Quasi-Public for the Bridgetown Subdivision (parkland portion); and 2b) Rezoning from R-1, Single Family to PUB, Public for the Bridgetown Subdivision (parkland portion).

Community Development Director Bartlam provided background on this item and explained that the request regarding these properties are considered by staff to be "clean up actions" to make consistency between the City’s General Plan and zoning, with the actual development on the property.

Hearing Opened to the Public

None.

Public Portion of Hearing Closed

The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second, took the following actions:

MOTION / VOTE:

Introduced Ordinance No. 1704 entitled, "An Ordinance Of The Lodi City Council Amending The Official District Map Of The City Of Lodi And Thereby Rezoning Century Meadows 4 Subdivision (Parkland Portion), 2360, West Century Boulevard (APN 058-230-18), From PUB, Public To R-2, Single Family";

Adopted Resolution No. 2001-141 entitled, "A Resolution Of The Lodi City Council Amending The Land Use Element Of The Lodi General Plan By Redesignating The 4.5 Acres Located At 2360 West Century Boulevard (APN 058-230-18) From PQP, Public Quasi-Public To LDR, Low Density Residential For The Century Meadows 4 Subdivision (Parkland Portion);

Introduced Ordinance No. 1705 entitled, "An Ordinance Of The Lodi City Council Amending The Official District Map Of The City Of Lodi And Thereby Rezoning Bridgetown Subdivision (Parkland Portion), 2735 West Turner Road (APN 015-530-01), From R-1, Single Family To PUB, Public"; and

Adopted Resolution No. 2001-142 entitled, "A Resolution Of The Lodi City Council Amending The Land Use Element Of The Lodi General Plan By Redesignating The 4.6 Acres Located At 2735 West Turner Road (APN 015-530-01) From LDR, Low Density Residential To PQP, Public Quasi-Public For The Bridgetown Subdivision (Parkland Portion)".

The motion carried by a unanimous vote.

H. COMMUNICATIONS

H-1 On recommendation of the City's contract administrator, Insurance Consulting Associates, Inc. (ICA), and Human Resources staff, the City Council, on motion of Council Member Land, Pennino second, unanimously rejected the following claims:

a) Frederick and Jean Gebhard, date of loss 11/11/00

b) Paul Lauchland, date of loss 2/13/01

c) Lydia Mueller, date of loss 2/9/01

d) Janet Thomsen, date of loss 8/8/00

e) Auzalia Utz, date of loss 7/5/00

H-2 The following report was presented to the City Council:

a) Planning Commission report of May 23, 2001

H-3 Appointments – None

H-4 Received for information only the Profile of General Demographic Characteristics: US Census 2000 Report (filed).

Mayor Pro Tempore Pennino asked for the full Census report, to which Community Development Director Bartlam explained that the full report is not available and the information is expected to be released separately over a period time.

I. REGULAR CALENDAR

I-1 "Adopt resolution certifying the filing of a Mitigated Negative Declaration by the Community Development Director as adequate environmental documentation for the proposed Lodi Skate Park Project at Kofu Park, authorizing the City Manager to enter into an agreement with Spohn Ranch for the design, construction, and operation of a Skate Park facility at Kofu Park, and authorizing staff to proceed with construction ($540,522.19)"

Parks and Recreation Director Baltz reported that Council previously directed staff to negotiate a contract to build and operate a skate park at Kofu Park.

Recreation Supervisor Mike Reese stated that a year ago, then Mayor Mann, created the Ad Hoc Skate Park Steering Committee comprised of youth appointees Adam Fiori, Mike Alberg, Jared Callahan, Chris Fox, Mike Graffigna, and Rudy Vaccarezza, and adult advisors Dennis Cunnington and David Vaccarezza. Mr. Reese stated that following town hall and numerous committee meetings, the public recommended Kofu Park. In August 2000 the City Council approved Kofu Park as the location for the new skate park. Mr. Reese described the specific location as the south basin of the 10-acre Kofu Park next to Ham Lane and the tennis courts. A 142 square foot slab will be constructed in the center of the basin and will be 72 feet from the street and 154 feet (or further) away from the nearest resident’s property line. Mr. Reese displayed a diagram by Spohn Ranch showing the elements in the park, including ramps and rails on a 20,000 square foot cement slab.

Mr. Reese stated that Kofu Park was recommended by the public at a 4-1 ratio over 19 other facilities that were considered. Benefits of the site include its central location, visibility, availability to public transportation, its location between two high schools and a middle school, and the existence of parking and restrooms. The entrance will be at the southwest corner of the basin near the pro shop that will be operated by Spohn Ranch. The contract is for five years and Spohn Ranch has agreed to pay the City 5% of revenue up to the first $100,000; 4% up to $200,000; and 3% for revenue above $200,000. No sessions will be extended beyond 10:00 p.m. and the park will be open a minimum of six days a week.

Jared Callahan, 641 Sandpiper Circle, Lodi, asked committee member Rudy Vaccarezza to distribute copies of petitions to Council that were signed by over 200 individuals in support of the skate park (filed). He stated that the committee visited other parks before deciding on a recommendation for the site and operator of the skate park. They chose Spohn Ranch because of their reputation and the 15 world class skate parks they have built. He stated that Spohn Ranch would set up, operate, and maintain the skate park. Annual gross revenues from other Spohn Ranch skate parks range from $8,000 to $16,000.

Dave Vaccarezza, Chairman of the Ad Hoc Skate Park Steering Committee, reported that they have been working 18 months on the project and have been through multiple meetings including a town hall meeting with nearly 100 in attendance, as well as meetings with the Planning Commission, Recreation Commission, Youth Commission, and the City Council. They considered 19 sites including DeBenedetti Park, Guana House, Hale Park, and Hutchins Street Square. Spohn Ranch manufactures above ground ramps that can be altered, moved, and new pieces added, which brings desired variety to skaters. Originally, the committee had planned to have the skate park elements installed over the tennis courts; however, they discovered later that was not possible which resulted in the necessity of building the concrete slab in the park basin which has increased the cost considerably from the original estimate. Diede Construction has volunteered to do a major portion of the concrete slab work and other contractors in the community have agreed to provide work at cost. Meehleis Modular has donated a 1,200 square foot pro shop, for which a $200 a month lease agreement with Spohn Ranch has been agreed to. Mr. Vaccarezza and Dennis Cunnington will pay for a portion of the moving cost for the pro shop.

Robert Haro, 1415 Cardinal Street, Lodi, stated that in January 2001 he purchased a home across the street from Kofu Park. He complained that people park on the street and use the maintenance entrance on Cardinal Street rather than using the parking lot, because the Little League Baseball field is nearby. He suggested moving the Little League backstop closer to the picnic table area, locking the maintenance gate, removing the tennis courts, and building an indoor skate park so that it could be used year round.

Council Member Hitchcock asked why the cost of the skate park has risen from $250,000 to $540,000.

Mr. Reese explained that the Department originally budgeted $300,000 two and a half years ago, which included the estimate for the Spohn Ranch equipment and preparation work of the site by the City. Since that time it was discovered that the concrete slab (approximately $100,000) was more expensive than originally anticipated. Compaction of the basin will be necessary, and water mains for the irrigation system need to be capped off. Electrical work is estimated at $105,000 and an additional fence along the north side of the basin will cost $5,000.

Council Member Hitchcock questioned the need for lighting, as she recalled that the hours of operation were originally reported to end at dusk.

Mr. Reese responded that Spohn Ranch wanted to offer nighttime skating particularly during the hot summer months. He noted that baseball at Kofu Park lasts as late as 11:00 p.m. and lights on the tennis courts do not shut off until 10:00 p.m. The lights for the skate park will be shielded and focus on the basin, facing north, south, and west.

In response to additional questions by Council Member Hitchcock, Mr. Reese stated that the Spohn Ranch pro shop would not infringe on the BOBS concession stand because they will primarily be selling equipment. Spohn Ranch anticipates approximately 30 skaters during the week and up to 75 on the weekends. The will have one staff person on the skating area for supervision and one in the pro shop. Mr. Reese indicated he does not believe there would be policing problems because of the supervision provided by the Spohn Ranch employees and the clear visibility of the park from the street.

Community Development Director Bartlam provided the following information in response to questions posed by Council Member Hitchcock. The Mitigated Negative Declaration addresses only the skate park, not baseball that might be occurring simultaneously. It was estimated that there would be a weekday average of 30 individuals using the skate park and 75 to 100 on the weekends. It was also estimated that half of these individuals would arrive by car, and half by their own merits, which would not cause a significant impact warranting mitigation. There are 125 parking stalls available at the park. The Negative Declaration was developed from a cumulative standpoint and Mr. Bartlam indicated that it was the softball complex that was generating the parking activity, not the skate park. In reference to the noise study, Mr. Bartlam explained that professional noise engineers conducted the analysis on a cumulative basis. As an example, he stated that two 50-decibel noise events, using a logarithmic form, do not equal 100 decibels as one might expect – it equals 55 decibels. Mr. Bartlam pointed out that the skate park in the City of Auburn is on ground level, and has concrete ramps. In contrast, the skate park at Kofu will have ramps made of a material that creates less noise than concrete and the equipment will be below street grade, which provides an obstruction to the noise. Mr. Bartlam stated that he was absolutely confident about the accuracy of the Environmental Noise Analysis report.

Council Member Hitchcock expressed concern about the impact of residents on the area and questioned whether Mr. Vaccarezza would want the skate park in close proximity to his home.

Mr. Vaccarezza stated that he lives in an industrial park within 154 feet from a transfer station, and maintained that the noise levels are controllable. In answer to Ms. Hitchcock, he stated that he would not object to the skate park being near his residence and reiterated his assurance that Kofu Park is an appropriate site.

Council Member Hitchcock relayed her understanding of a law, which sunsets in 2003, that allows cities not to assume any risk if they posts signs warning that skaters do so at their own risk in unsupervised skate parks. She questioned the liability aspect of the skate park and pointed out that the contract allows the City access for safety inspections.

City Attorney Hays explained that the contract is much like any other landlord situation where they have the right to see if the tenant is appropriately operating within a structure. He stated that in addition to indemnity, the skate park contract has an insurance requirement that Spohn Ranch provide insurance that covers the City, its officers, agents, and employees. In reference to the law mentioned by Ms. Hitchcock, Mr. Hays stated that it has limited application and only applies to skaters of certain ages.

City Manager Flynn reminded the Council that they approved the location of the skate park on August 2, 2000. The issue under consideration this evening is the Negative Declaration and authorization to go forward with the contract. He noted that the skate park cost is based on engineering estimates. Subtracting the value of gifts and donations by local businesses and individuals, the total cost would be approximately $350,000.

Mayor Pro Tempore Pennino reminded staff that he has always been adamantly opposed to the skate park being open after 9:00 p.m. Sunday through Thursday. He felt that 10:00 p.m. was acceptable for Fridays and Saturdays only.

Parks and Recreation Director Baltz responded that Spohn Ranch made it clear during negotiations that lighting of the park was important to them for evening skating.

Mr. Vaccarezza assured Mayor Pro Tempore Pennino that they were not building the "platinum" skate park as described in the Spohn Ranch brochure. There will be a 14,000 square foot area and Spohn Ranch has agreed to bring in some additional equipment at no extra charge. The design accommodates all levels of skaters including skate boards, inline skates, and bicycles.

In response to Council Member Howard, Mr. Reese confirmed that there would be communication between both supervising employees of Spohn Ranch. Individuals cannot use the facility without proper safety equipment, which includes: helmets, knee and elbow pads, and wrist guards. He noted that page three of the contract addresses special events, all of which must be approved by the Parks and Recreation Director. At these events there will likely be a public address system similar to what is used at baseball games.

Council Member Land pointed out that the Noise Analysis Report states that in a 24-hour period the sound averages 69 decibels, which is equivalent to a commercial jet aircraft interior during flight. He noted that three to four years ago there was discussion about partnering with the residents on Sunset Drive for the construction of a sound wall.

Mr. Bartlam recalled that a number of requests had been received from homeowners on Sunset Drive for a wall to replace the wood fence on Ham Lane. Council then directed staff to design a wall and work with the residents on construction costs. The wall was estimated to cost $100,000. The City offered to front the cost of construction, and be paid back through a property tax assessment; however, the homeowners did not feel it was in their best interest and the issue was dropped. The area involved is approximately 1,100 feet and involves 19 properties. Mr. Bartlam stated that the best sound mitigation for the homeowners on Sunset Drive would be a masonry block wall, with filled cells, at a height of at least seven feet. He emphasized that the noise impact for these residents stems primarily from the traffic on Ham Lane.

Council Member Hitchcock stated that she voted to move forward on this issue last August based on the fact that there was going to be an Environmental Impact Report (EIR), which would look at the area, consider other sites, and would also consider a no build. She did not believe the issue of the location was closed at that time because it would be based on the results of the EIR. She stated that the Negative Declaration is not sufficient.

City Attorney Hays cited the August 2, 2000 minutes and read the following:

"The City Council, on motion of Council Member Pennino, Land second, unanimously approved the recommendations of the Skate Park Committee and City staff, authorizing the City Manager to negotiate a contract with Spohn Ranch to build and operate a Skate Park at Kofu Park".

Council Member Hitchcock asked if there were other comments made and Mr. Hays read the following excerpts from the August 2, 2000 minutes:

"Council Member Pennino commented that if the sound level dramatically increases due to the Skate Park he would support funding a sound wall. He suggested that the sound level be measured on Cardinal and Sunset Streets.

"In response to Council Member Hitchcock, Community Development Director Bartlam explained that if noise and traffic impacts were found to be significantly above the existing conditions, the City would be required to mitigate them in order to allow the project to move forward."

Council Member Hitchcock recalled discussing that there would be other areas looked at as well, and a no build option. She pointed out that the EIR addresses the location, and questioned why the appropriateness of the location would not be considered.

Mr. Hays replied that a selection process had already been completed prior to the August 2, 2000 meeting when the Council voted to approve the recommended location. The question before the Council this evening is whether the environmental treatment is adequate and whether or not to certify the Mitigated Negative Declaration. He stated that there was no direction by the Council to do an EIR on the site. The decision was to do the environmental treatment, which, following the guidelines of the California Environmental Quality Act (CEQA), resulted in staff determining that a Mitigated Negative Declaration met the CEQA guidelines.

Council Member Hitchcock asked what would have triggered an EIR.

Mr. Bartlam explained that staff felt strongly that the number one issue that needed to be addressed was noise. This was determined based both by comments that they received and their own review of the project. Issues that would trigger an EIR include a wildlife issue or endangered species problem. The issue of addressing alternative sites does not come up in a Negative Declaration because the decision about the site has been made to the extent that all staff is trying to do is address the environmental impacts of the project proposed. Out of the 10 or 12 different environmental issues that were required to be reviewed, it was found that 3 to 5 needed expanded discussion (i.e. traffic, noise, land use, and planning). Even if there were a cumulative impact on a single-issue item, it would not require an EIR. From staff’s perspective in view of state law, guidelines, and case law, they are comfortable that this is an appropriate recommendation.

At the request of Mayor Nakanishi, Mr. Hays read the following excerpt from the August 2, 2000 minutes:

"Mayor Pro Tempore Nakanishi voiced support for the Skate Park; however, he expressed reservations about the location and suggested that it be restudied. He stated that if the park is built at Kofu Park a sound wall should be built. He noted that last week he attended a seminar with 100 other City Council Members and many positive comments were raised about the benefits of Skate Parks."

In response to Mayor Nakanishi, Mr. Bartlam stated that this project does not require the Council to construct a sound wall in order to approve the project.

In reply to questions by Council, Mr. Hays advised that if it were felt that a sound wall would mitigate the skate park noise, it could be added as a mitigation measure.

PUBLIC COMMENTS:

Barbara McWilliams stated that she was unaware the Council had already decided on the location of the skate park. She submitted handouts to the Council (filed) and expressed concern about the disruption to residents surrounding the park. She pointed out that the hours, cost, and lighting are different from the original plan. Residents in the area enjoy quiet times during Saturday and Sunday and fear this will be lost with the addition of the skate park. In her research of 12 cities with skate parks, only three were in residential neighborhoods. She stated that Spohn Ranch skate parks are run by "a corporation within a corporation" called Sanctuary Skate Park. They offer a program called Praise and Skate, where youth can skate free for one session if they participate in a 30-minute program with a youth minister. She urged the Council to vote against this matter and to find a location for the skate park in an undeveloped area.

In reply to Council Member Land, Ms. McWilliams stated that there were no meetings held with the residents on Sunset Drive or Cardinal Street.

Mr. Vaccarezza countered that town hall meetings were held at the library and six of their meetings were open to the public including meetings with the Planning, and Parks and Recreation Commissions.

Ms. McWilliams stated that there was nothing mentioned in the newspaper until the Parks and Recreation Commission approved the site at Kofu Park.

In response to Council Member Land, Mr. Vaccarezza stated that the committee considered, but did not choose Pixley Park because it was on the other side of a freeway and transportation was an issue.

RECESS

At 9:50 p.m. Mayor Nakanishi called for a recess and the City Council meeting reconvened at 10:05 p.m.

VOTE TO CONTINUE AGENDA ITEMS

Discussion ensued regarding the length of time needed for speakers and items remaining on the agenda.

Mayor Pro Tempore Pennino made a motion, Howard second, to continue the *balance of the calendar, with the exception of the remaining Consent Calendar items, to the regular City Council meeting of June 20, 2001. The motion carried by a unanimous vote.

*City Manager Flynn clarified that Items I-2 through I-7 would be continued to the regularly scheduled meeting of June 20, 2001.

I. REGULAR CALENDAR (Continued)

I-1 PUBLIC COMMENTS:

(Cont’d.)

Jane Thurman emphasized that residents are not opposed to a skate park, only to the Kofu Park location, which she claimed was an unsafe site and provided the following information as justification. On April 13, 1999, Lodi Middle School requested that the crosswalk at Cardinal Street and Ham Lane be removed for the safety of the children. She read from a letter dated June 3, 1999, from Public Works Director Prima in which he reported that traffic volume on Ham Lane in 1975 was 6,950 vehicles per day, and rose to 18,000 vehicles per day by 1999. Ms. Thurman stated that residents were not contacted by the committee as they were directed to do by the Council. She asked Bollard & Brennan, Inc., to explain the Noise Analysis Report to her and they stated in order to arrive at the Leq and L50, an L-max (the highest root-mean-square sound level measured in a given period of time) and an L-minimum is needed; however, the L-minimum was left off the report. Ms. Thurman concluded that this was done intentionally to skew the report. She asked the Community Development–Planning Division why the Mitigated Declaration was revised, and was told that the first report was a rough draft that contained typographical errors. She requested and was given a copy of the original report, which she stated did not have any typographical errors on it. It was revised because the hours of operation had changed. Ms. Thurman reviewed information she had found on the Internet related to skate parks. She pointed out the difficulties related to obtaining insurance policies for skate parks.

John Connelly, 1225 S. Sunset, Lodi, stated that he has a copy of the tape from the August 2, 2000 Council meeting and it conflicts with various statements made at tonight’s meeting. He believed that the committee and commissions involved in this project kept the majority of citizens from participating in the process. The proposed site for the skate park was not publicized until the day before the Council meeting. Council Members had directed the committee to meet with the residents of the area; however, no meetings were ever held. He strongly urged the Council to vote against this matter.

Judy Botts, 1229 S. Sunset Drive, Lodi, recalled watching the August 2, 2000, Council meeting and heard the Council ask the committee to meet with residents in the area of Kofu Park. She stated that no meetings ever took place. She spoke in opposition to the assessment district for the sound wall and maintenance, which five years ago was estimated to cost $155,000. Ms. Botts stated she was surprised to learn that the location for the skate park was not under consideration this evening, and asked the Council to vote against the contract.

Tammy Jenks, 1321 Cardinal Street, Lodi, expressed concern about the noise and traffic that will impact the residents surrounding the skate park. She commented that her son was going to speak against the skate park due to the park’s close proximity to his window, but he had to leave due to the late hour. She stated that the group who voted 4-1 in favor of Kofu Park as the location for the skate park are youth who do not vote, pay taxes, own property, or are adults who have a business bias in having the skate park built. Ms. Jenks contacted five police departments in cities with skate parks and was told by Office David Funk from the Modesto Police Department that their calls had doubled the first month their skate park opened. They had to assign three full-time police officers to the park. The Manteca Police Department reported that they received 22 calls during the first six months that their skate park was in operation. The City of Oakdale has had to move the proposed site for their skate park four times due to citizen complaints. She was opposed to allowing teenagers to trade skate time for serving as supervisors of the facility. Ms. Jenks asked the Council to vote against the contract.

Erwin Rall, 1401 Cardinal Street, Lodi, stated that he has lived at his present address for 29 years and has seen Kofu Park develop much more than was originally planned for the neighborhood park. He indicated that it would not be a safe location for the skate park because the speed limit on Ham Lane has been increased, the crosswalk removed, and a request for a street light denied.

Cheryl Daijogo, 457 E. Augusta, Woodbridge, spoke in favor of the skate park and the location of Kofu Park. She maintained that the majority of youth in the community are good, and the committee should be commended for the work it has done on this project.

Adam Barton, 525 Vista Rio Court, Woodbridge, voiced support for the skate park. He noted that a lot of work went into the site selection and there would never be a location that everyone agreed on.

Adam Fiori, 810 W. Walnut, Lodi, spoke in favor of the skate park and stated that the committee held many meetings at which everyone was welcome to attend. He stated that there would not be any music at the skate park unless there were competitions.

Josh Palmer, 1103 Dartmoor Circle, Lodi, stated that he works at a local skate shop and knows that the majority of the skaters in the community are good kids. He has visited skate parks in Tracy, Dublin, and Ripon, which are near residential communities and none of them have had a negative impact.

Matt Callahan, 6121 Sandpiper Circle, Lodi, believed that the Lodi skate park would get more than 50 customers a day and felt that the park would greatly benefit the City.

Kent Matson, 2101 E. Woodbridge Road, Woodbridge, spoke in support of the skate park and stated that just because youth do not vote or pay taxes, it does not mean that they do not count as people and citizens of the community.

Jared Callahan, 641 Sandpiper Circle, Lodi, stated that the skate park will benefit the City immensely and objected to the generalization that the majority of skaters were delinquents.

Tony Moitzger, 1520 Cardinal Street, Lodi, stated that Cardinal Street has become a thoroughfare to beat the stoplights on Kettleman Lane. He pointed out that there is a levee system directly behind Kofu Park, which attracts mischief, vandalism, and is a safety issue. He presented a newspaper article from the Stockton Record (filed) which reported that they are having problems enforcing rules at their skate park.

Kelly Gretsinger, 602 N. Church Street, Lodi, stated that he has owned a skateboard shop for the past eight to nine months, and noted that the majority of his customers are youth who pay sales tax. He has visited skate parks in Modesto, Stockton, Tracy, Santa Rosa, Sonoma, Petaluma, and Dublin, many of which are on busy streets and they have not had any problems.

Frank Alegre, 2000 Edgewood Drive, Lodi, voiced support for the skate park. He acknowledged how polite and courteous the youth were at tonight’s meeting. He objected to previous comments addressing the high cost of the skate park, and pointed out that Hutchins Street Square cost $11 million and looses $1,600,000 a year. He felt that the youth of the community deserve the best and money should not be used as a reason not to support the skate park.

John Johnson, 106 S. Orange Avenue, Lodi, stated that transportation problems to Pixley Park is a poor argument considering earlier comments that skaters frequently travel to other cities that have skate park facilities. He spoke in favor of a skate park and felt that Pixley Park would be a reasonable alternative.

 

Dennis Cunnington, 900 Sylvia Drive, Lodi, pointed out that the youth in the audience were courteous while others were speaking, and yet they were interrupted by adults when they spoke. He stated that Spohn Ranch would probably not want to operate at Pixley Park. Most of the youth that skate are under driving age, so a central location is very important. He urged the Council to approve the contract and expressed confidence that Kofu Park was the best location for the skate park.

 

Bob Feiock, 1154 Tamarack, Lodi, stated that Lodi needs a skate park, but not in the middle of a residential area.

 

Dave Vaccarezza, emphasized that the youth of the community need a place to skate and urged the Council to vote in favor of the contract.

 

 

Stephanie Moitzger, 1520 Cardinal Street, Lodi, stated that the committee did not talk to the residents of the area as they were asked to do by the Council. She spoke against the location of Kofu Park for the skate park.

Larry Jenks, 1321 Cardinal Street, Lodi, believed that a negative impact will result from youth coming from other areas. Residents will suffer the consequences of a percentage of youth looking for trouble in the neighborhood after they leave the facility at 10:00 p.m.

COUNCIL COMMENTS:

Council Member Howard commented that the Council received copies of petitions in favor of the skate park from the Boys and Girls Club (filed). She thanked the residents for their hard work and stated that it is due to their efforts that the contract with Spohn Ranch includes the level of supervision that has been discussed during this meeting and addresses such things as no public address system. Ms. Howard stated that she realizes it is important for the City to be good neighbors and spoke from personal experience. A sound wall would minimize any noise from the skate park and have the added benefit of reducing the noise from traffic on Ham Lane. She indicated surprise that more property owners did not address this issue and noted that a sound wall is something that she would like if she lived in the neighborhood. She preferred that the skate park not be open beyond 9:00 p.m.

In response to Council Member Howard, City Manager Flynn noted that when the City previously considered the sound wall they had intended to construct it on the City’s right-of-way, so that it would not infringe on the resident’s property line.

Council Member Land indicated that the sound wall appeared to be a reasonable solution to mitigate the traffic noise from Ham Lane and to enhance the community and property values in the area.

In response to Council Member Land, City Engineer Sandelin explained that typically the City assesses a one-time equity payment into a maintenance fund, which is approximately $50 per foot. That would provide for lifetime maintenance of the wall and much of the landscaping adjacent to it.

Council Member Land commended the committee for their hard work and stated that he was in full support of the skate park.

Council Member Hitchcock expressed concern about impacts to residents in the area, the increased cost of the skate park, and the potential $150,000 additional expense for a sound wall.

Mayor Pro Tempore Pennino stated that he has been a strong advocate for the location of the skate park at Kofu Park. He was disturbed that the committee did not meet directly with residents of the area. He read from a letter dated May 29 from the Police Chief, "I encourage you to vote favorably on the Kofu skate park. I believe it will be good for the community to provide this supervised location offering organized activities for our youth." He stated that if a sound wall is to be considered it needs to include landscaping. He reported that Mr. Vaccarezza informed him that Spohn Ranch has agreed to close the skate park at 9:00 p.m. with the exception of Thursday, Friday, and Saturday, when it would close at 10:00 p.m. Mr. Pennino stated that this was acceptable to him; however, he would leave it in the hands of the City Manager.

Mayor Nakanishi acknowledged that there is no ideal location. The committee worked 18 months on the project, and it appears that the best choice for the skate park is Kofu Park.

In reply to Council Member Land, City Manager Flynn stated that he would bring the sound wall issue (which will include landscaping) back to Council for consideration at a future date.

MOTION/ VOTE:

Council Member Land made a motion, Howard second, to adopt Resolution No. 2001-143 certifying the filing of a Mitigated Negative Declaration by the Community Development Director as adequate environmental documentation for the proposed Lodi Skate Park; to authorize the City Manager to enter into an agreement with Spohn Ranch for the design, construction, and operation of a Skate Park facility at Kofu Park; to authorize staff to proceed with the construction in the amount of $540,522.19; and to direct staff to address Council’s concern regarding the hours of operation.

DISCUSSION:

Council Member Howard reiterated her desire to have the skate park closed at 9:00 p.m. every day, with the possible exception of Thursday.

Council Member Hitchcock stated that she did not believe the Mitigated Negative Declaration was sufficient environmental documentation for the project.

VOTE:

The above motion carried by the following vote:

Ayes: Council Members – Howard, Land, Pennino and Mayor Nakanishi

Noes: Council Members – Hitchcock

Absent: Council Members – None

ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR

E-9 "Adopt resolution awarding the contract for installation of streetlights on Streetlight Completion Project, Phase 2, to Tim Paxin’s Pacific Excavation, Inc., of Elk Grove ($367,221)"

Council Member Howard reported that over the next three to five years, approximately 1,000 to 1,200 streetlights would be installed.

Community Development Director Bartlam displayed an overhead map and reviewed the locations for the new streetlights.

MOTION / VOTE:

The City Council, on motion of Council Member Howard, Nakanishi second, unanimously adopted Resolution No. 2001-144 awarding the contract for installation of streetlights under Streetlight Completion Project, Phase 2, to the low bidder, Tim Paxin’s Pacific Excavation, Inc., of Elk Grove, California, in the amount of $367,221.00.

E-24 "Adopt resolutions of the City of Lodi declaring its intent to reimburse certain expenditures from proceeds of indebtedness for City facilities (Public Safety, Parks and Recreation, and General Government projects)"

Mayor Pro Tempore Pennino stated that he believed there may be a possibility of funding some of the projects in the budget, including the design phase, and was not in favor of going back later to get reimbursements. He did not generally support everything being reimbursed as a bond. The police building is an appropriate expenditure for 20 to 30 years, but the smaller projects should not be spread out over that much time. Each project needs to be considered on an individual basis.

Council Member Hitchcock agreed, and stated that until the final decision is made the expenses should come out of the general budget on an annual basis.

MOTION / VOTE:

The City Council, on motion of Mayor Pro Tempore Pennino, Land second, adopted Resolution Nos. 2001-145, 2001-146, and 2001-147 declaring its intent to reimburse certain expenditures from proceeds of indebtedness for City facilities (Public Safety, Parks and Recreation, and General Government projects). The motion carried by the following vote:

Ayes: Council Members – Howard, Land, Pennino and Mayor Nakanishi

Noes: Council Members – Hitchcock

Absent: Council Members – None

E-26 "Adopt resolution amending Traffic Resolution approving speed limits on Pine Street"

In response to Council Member Hitchcock, City Engineer Sandelin reported that every five years the City is obligated under state law to update speed surveys on roadway segments where radar surveillance is utilized to enforce the speed limit. This year surveys on Central Avenue, Cherokee Lane, Church, Elm, Hutchins, Pine, and Tokay Streets were completed. As a result of the surveys, three segments on Pine Street were identified as needing a speed reduction by 5 mph.

MOTION:

Council Member Hitchcock made a motion, Pennino second, to adopt Resolution No. 2001-148 amending Traffic Resolution No. 97-148 by approving the speed limit modifications on portions of Pine Street.

DISCUSSION:

Mayor Pro Tempore Pennino asked that residents on Pine Street from Church to Guild be notified of the speed limit reduction. He also asked that the Council be informed of the cost for the notification.

VOTE:

The above motion carried by a unanimous vote.

E-28 "Authorization to disband the Gang Alternative Project (GAP)"

In reply to Council Member Land, City Manager Flynn noted that the City has a number of programs addressing youth problems. The Gang Alternative Project (GAP) members voted to disband due to a lack of volunteers.

Police Capt. Mauch reported that an effort is underway to revamp the City’s program to deal with gang issues.

In reference to the GAP fund balance, Deputy City Manager Keeter stated that the money was donated from Omega Nu directly to GAP.

Capt. Mauch stated that the gang task force within the Police Department consists of six officers and one sergeant. There are approximately 250 documented gang members in Lodi and Woodbridge.

Mayor Pro Tempore Pennino encouraged Capt. Mauch to involve schools, the Parks and Recreation Commission, Youth Commission, East Side Improvement Committee, and the Boys and Girls Club in its program.

MOTION / VOTE:

The City Council, on motion of Council Member Land, Nakanishi second, unanimously adopted Resolution No. 2001-149 authorizing the disbanding of the Gang Alternative Project (GAP).

E-29 In reference to Item E-29, City Manager Flynn commented that the transit buses would be used to bring youth from Thornton into Lodi for a program at Lodi Lake for a limited time and a specific project. The City was requested to do this by the county and Human Services Agency.

K. COMMENTS BY CITY COUNCIL MEMBERS ON NON-AGENDA ITEMS

Council Member Howard pointed out that a new priority list was posted in the Council Chamber.

Council Member Land announced that last Thursday, he and his wife became grandparents for the fourth time with the birth of Joseph Dean Delker, who was 8 lbs., 10 oz. and 21 inches long. He also noted that approximately 350 people attended the recent Energy Fair.

Council Member Hitchcock stated that the Animal Friends Connection did an outstanding job at a recent fund raising event at which she and Ms. Howard served as judges for the "Classy Cat" contest.

Mayor Pro Tempore Pennino reported that he met with representatives from Union Pacific railroad yesterday and he plans to meet with staff on the subject of the Lodi Avenue railroad tracks early next week.

Mayor Nakanishi congratulated Mr. Pennino who recently received the Tom Bradley Leadership Award from the National Association of Regional Councils.

J. ORDINANCES

J-1 Ordinance No. 1703 entitled, "An Ordinance Of The Lodi City Council Amending The Official District Map Of The City Of Lodi And Thereby Prezoning The Parcels Located At 1041 & 1171 East Harney Lane (APN 058-230-11 & 12) From San Joaquin County AU-20 To R-2, Single Family Residential And PUB, Public" having been introduced at a regular meeting of the Lodi City Council held May 16, 2001 was brought up for passage on motion of Council Member Hitchcock, Land second. Second reading of the ordinance was omitted after reading by title, and the ordinance was then adopted and ordered to print by the following vote:

Ayes: Council Members – Hitchcock, Howard, Land, Pennino and Mayor Nakanishi

Noes: Council Members – None

Absent: Council Members – None

Abstain: Council Members – None

L. COMMENTS BY THE CITY MANAGER ON NON-AGENDA ITEMS

None.

M. ADJOURNMENT

There being no further business to come before the City Council, the meeting was adjourned at 12:20 a.m., Thursday, June 7, 2001.

ATTEST:

Susan J. Blackston
City Clerk