HomeMy WebLinkAboutMinutes - June 18, 2003LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 18, 2003
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of June 18, 2003, was called to order by Mayor
Hitchcock at 5:10 p.m.
Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Actual litigation: Government Code §54956.9(a); one case; Albert v. City of Lodi; United
States District Court Eastern District, Case No. CIV S-00-2752 LKK PAN (CA)
b) Actual litigation: Government Code §54956.9(a); one case; People of the State of
Califomia: 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 (CA)
C) Conference with Labor Negotiator, Human Resources Director Joanne Narloch, regarding
Police Mid -Management, Fire Mid -Management (unrepresented), Lodi Professional
Firefighters, Association of Lodi City Employees regarding General Services and
Maintenance and Operators, and Executive Management Employees (unrepresented)
pursuant to Government Code §54957.6
C-3 ADJOURN TO CLOSED SESSION
At 5:10 p.m., Mayor Hitchcock adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:20 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:21 p.m., Mayor Hitchcock reconvened the City Council meeting, and City Attorney Hays
disclosed the following actions.
NOTE: The following Closed Session matters were heard out of order.
In regard to Item C-2 (a), Council met with staff and a representative of the City's insurance pool
and gave guidance regarding the case.
In regard to Item C-2 (c), Council provided direction to the Human Resources Director.
In regard to Item C-2 (b), Council gave direction regarding an upcoming mediation session on
June 27, 2003, and continued discussion of the item to its regularly scheduled meeting of July 2,
2003.
Mayor Hitchcock reported that item C-2 (b) involves the groundwater contamination suits in Lodi.
There have been ongoing mediation sessions, which Council was invited to attend by the judge
handling the case. Ms. Hitchcock stated that she has attended two of the mediation sessions thus
far. She announced that Council voted 3-2 to not allow Council Members to attend the mediation
session on June 27, 2003; however, she felt it was important and plans to attend.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of June 18, 2003, was called to order by Mayor Hitchcock at
7:21 p.m.
Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
Continued June 18, 1003
B. INVOCATION
The invocation was given by Father Rick Matters, St. John the Baptist Episcopal Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hitchcock.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 (a) Following introduction by Joseph Wood, Community Improvement Manager, Mayor
Hitchcock presented Community Improvement Awards to Paul and Geraldine Lerma, the
owners of the property at 540 V2 E. Elm Street, and to Shelly Nolan from Harvest Property
Management for their action in the renovation of that residential property.
D-2 (a) Mayor Hitchcock presented a proclamation to Staff Sergeant Evans with the US Army
proclaiming the week of June 8 — 14, 2003, as "United States Army Week" in the City of
Lodi.
D-3 (a) Gabi del Castillo, member of the Greater Lodi Area Youth Commission, acknowledged
the Teen of the Month, Emma Fulton from Lodi High School.
D-3 (b) Mayor Hitchcock presented a Certificate of Appreciation to outgoing Parks and
Recreation Director, Roger Baltz, who had announced that he would be leaving the City of
Lodi as of June 30, 2003, to accept a position as Assistant County Administrator for
Charlotte County in Florida. The Mayor thanked Mr. Baltz for his dedication and service
to the City of Lodi and wished him all the best in his future endeavors.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Beckman second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $4,266,389.40.
E-2 The minutes of May 21, 2003 (Regular Meeting), May 27, 2003 (Shirtsleeve Session),
June 3, 2003 (Shirtsleeve Session), June 3, 2003 (Special Meeting), and June 5, 2003
(Special Meeting) were approved as written.
E-3 Received the report of the sale of scrap metal.
E4 Approved the specifications for Lodi Unified School District Compressed Natural Gas
Fueling Station Equipment and authorized advertisement for bids.
E-5 Adopted Resolution No. 2003-102 authorizing the purchase of four Motorola portable
radios for Code Enforcement staff in the amount of $7,762.16 using Vehicle Abatement
Service Authority funds.
E-6 Adopted Resolution No. 2003-103 rejecting the low bids from Hendrix Wire and Cable Co.
and Pirelli Power Cables for failure to meet specifications, and further awarding the bid for
the purchase of 78,500 feet total of 750 kcmil, #4/0 and #1/0 AWG, 15 kV, EPR insulated
underground cables to the next responsible bidder, The Okonite Company, of San
Ramon, California, in the amount of $137,241.19.
E-7 Adopted Resolution No. 2003-104 awarding the contract for Fire Station #1 Staff Quarters
Carpeting Project to Grand Floor Design, of Lodi, in the amount of $7,997.
E-8 Accepted the improvements under the "Lawrence Park Playground Improvements, 350
North Washington Street' contract.
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Continued June 18, 2003
E-9 "Adopt resolution authorizing the Public Works Director to cast ballots representing City -
owned properties in favor of the North San Joaquin Water Conservation District acreage
charge ($200)" was removed from the Consent Calendar and moved to the Regular
Calendar.
E-10 Adopted Resolution No. 2003-105 approving the application to apply for grant funds from
the California Environmental Protection Agency, Waste Tire Playground Cover Grant.
E-11 Adopted Resolution No. 2003-106 in support for adoption of the ICC International Codes
for all building and fire safety codes by the California Building Standards Commission for
use in the State of California and the City of Lodi.
E-12 Set public hearing for July 2, 2003, to consider the appeal of G -REM regarding the
Planning Commission's denial of the request to amend Resolution 03-12 adding a
condition of approval to the Vintner's Square Shopping Center located at the northwest
corner of Lower Sacramento Road and Kettleman Lane.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
• Reuven Epstein commented that he recently read an article in The Record about the Lodi
Skate Park. He served on the skate park committee for the city of Galt. The Galt skate park
opened on June 6 and has been a great success. He noted that a large number of skaters
are coming from Lodi to the Galt skate park. He voiced concern about the strong negative
message that Lodi has conveyed to its youth by promising a skate park and then opening it
only for very limited hours and charging high fees for entry. He reported that the skate park in
Galt is open from 9:00 a.m. to 9:00 p.m. during the week and until 10:00 p.m. on Friday and
Saturday. The park has fixed hours, fixed rules, no supervision, and is free. Mr. Epstein
suggested that Lodi contact the Parks and Recreation Director of Galt for advice on how to
run a successful skate park.
Mayor Hitchcock announced that the Shirtsleeve Session of June 24, 2003, will be held to
address the Lodi Skate Park.
Council Member Hansen reported that Council Members have met on an individual basis with
the operators of the skate park and are considering alternatives. The park will be free for the
rest of this month on an experimental basis to determine whether it increases the use.
Parks and Recreation Director Baltz reported that the contract with Spohn Ranch requires that
the park be open a minimum of 30 hours per week. They are meeting the minimum
requirement by opening the park at 3:00 p.m. six days a week.
Mayor Pro Tempore Howard recalled that a few weeks ago an owner and a manager
representing Spohn Ranch contacted her and expressed concern about the limited
attendance at the skate park. They are in the process of considering renewal of their
insurance policy for next year and wanted to know if the City was supportive of having the
skate park in the community. Ms. Howard stated that she was an advocate for the skate park.
As a result of her subsequent contact with the City Manager about this issue, a Shirtsleeve
Session was scheduled to discuss the skate park. She also had encouraged the Spohn
Ranch representatives to contact individual Council Members.
Council Member Land announced that he met with Spohn Ranch representatives and was
pleased that they responded to his suggestion of temporarily opening the park for free to find
out if that was the cause of low attendance.
• Arthur Price displayed the Lodi News -Sentinel article that was published regarding safety
issues related to the large openings on the sewer catch basins in his neighborhood. He
stated that it has been 32 days since he first brought this to the attention of the City Council
and nothing has been done. He noted that other areas of new development have the older
style catch basins. He believed the City's lack of action on this matter to be gross negligence.
Continued June I8, 2003
Mayor Hitchcock pointed out that this matter is addressed on tonight's agenda under Item 1-4.
Mr. Price replied that making a purchase and remedying the problem are two different things.
He reiterated that nothing has been done in the way of remedial work to take care of these
hazards.
Council Member Land reported that he measured the catch basins in the surrounding area of
his home and found the opening to be four inches. In Mr. Price's neighborhood the openings
were 15 inches. He acknowledged that the City made a mistake and would correct it.
Wally Sandelin, City Engineer, stated that staff has brought a mock up to the meeting of how
it intends to retrofit the existing basins by installing a bar across the face. Two trial
remediations have been made in the field and staff is prepared to proceed with installation
within a week.
Dale Edwards introduced himself as a citizen of Lodi and pastor and spiritual leader in the
community. He recently read an article in The Record about the adult bookstore and litigation
against the City. He commented on changes that have taken place over the past 30 years,
which he saw as a deterioration of society. He had chaired a committee addressing issues of
internet pornography and found that it is commonly believed that every rape has its roots in
pornography. He stated that the purveyors of pornography are not productive citizens, are
only concerned with making money, and contribute to the destruction of society. Mr. Edwards
believed that the framers of the nation had in mind the idea of public descent, the ability to
speak out on issues that dealt with government, and policies of community living. The idea of
immoral values being so promoted as to be protected by the voice was never in their mind. In
that day, moral virtue, modesty, and decency were protected from those who advanced moral
corrupting influences. Mr. Edwards stated that today there are laws and courts, especially on
the "left side," that seem to be much more liberal in their espousing of these vile manners.
He believed that the citizens of Lodi and other communities in the country have backed down
to these strong voices that stand against right moral values. He felt that leaders have a
responsibility to protect the moral conduct of a community and he stood strongly against
anything that would deteriorate the City's adult oriented business ordinance.
Mark Bowman stated he has two children on the City's Dolphin swim team. He had received
a notice from the Parks and Recreation Department that the team was being eliminated. He
provided written communication to Council outlining questions and requests (filed). He
complained of a lack of communication on this issue and asked that the matter be placed on
the next Council agenda. He noted that verbal assurances have since been made that the
Dolphin team will not be eliminated and asked the City Manager to direct the Parks and
Recreation Department to send out notices to the 117 swim members that are affected by this
action.
City Manager Flynn acknowledged that he signed the letter last Friday that was sent to
members of the Dolphin swim team. After a subsequent meeting with the Parks and
Recreation Department, it was believed to have been a bad decision and the City's position
was reversed. The matter will be discussed at the July 8, 2003, Shirtsleeve Session. Letters
will be mailed to effected parties by this Friday informing them that the team will continue for
the rest of the season.
George Mull informed Council that he was the attorney that City Attorney Hays was quoted as
calling a "scumbag" in today's newspaper, The Record, and he asked for an apology. Mr.
Mull stated that he was a sixth -generation Californian, came from a prominent line of
attorneys in northern California, and has done a great deal of work for civic causes and
charities. Mr. Mull reported that he called the ethics hotline at the American Bar Association
and received confirmation that it was alright to speak to a represented party that has an
attorney, because in this case, the party consists of public officials. He stated that a
settlement offer was given to the City on May 20, 2003. This was done following discussions
with Deputy City Attorney Schwabauer who had asked that the offer be put in writing and
indicated that it would be placed on a City Council agenda for consideration the following
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Continued June 18, 2003
week. Mr. Mull later received a message from City Attorney Hays who stated that he would
not place the matter on Council's agenda and abruptly ended the phone conversation.
Mr. Mull stated that according to the California Rule of Professional Responsibility, attorneys
are required to bring settlement offers to their clients. He then provided a copy of the
settlement offer to Council. Contrary to Mr. Hays' opinion, as was quoted in the newspaper
article, Mr. Mull stated it was not the same offer that had been discussed previously. Three
years ago when the ordinance was adopted, Mr. Mull recalled that he had warned Council
about certain portions of it. Two years after that, six people were arrested at Tim Kruppe's
businesses for not having the licenses that were required under the City's ordinance. The
licenses require Social Security numbers, driver's license numbers, fingerprints, and full
background checks. Mr. Mull stated that it is violative of the First Amendment to require
someone in the sale of books or videos to get a discretionary permit from the City. After the
arrests and subsequent discussions with the City, Mr. Mull had been told that changes would
be made to the ordinance; however, it has been 500 days and no amendments have been
made. Consequently at the end of January he was forced to file a federal lawsuit. At any
point after Fling the lawsuit, the City could have changed the ordinance, which would have
mooted the lawsuit. Instead of doing so, Mr. Mull stated that the City filed an opposition that
admitted what was wrong and made weak legal arguments and false factual arguments to the
court. Mr. Mull stated that he had asked Mr. Hays to convey to Council that he offered to
contribute half of his attorney's fees on this matter to charity. He noted that last year he gave
over $100,000 to help school children, and one of the beneficiaries was Beckman Elementary
school in Lodi. A default has now been taken against the City. To set it aside the City must
show that it has a meritorious defense, which Mr. Mull stated does not exist. He stated that
there are three causes of action, two of which he outlined as follows:
1) The City's public assembly ordinance requires that ten days before anyone assembles
publicly they must make an application to the Community Development Director who can
approve or deny it as he sees fit.
2) The City's ordinance that requires permits for live entertainment does not specify that it is
only for certain locations and it prohibits stages or dance floors. Mr. Mull stated that this
ordinance, in essence, outlaws theaters in the City.
Mr. Mull stated that these ordinances have no basis in law and are violative of the constitution.
He reminded Council that as elected officials they swore an oath to uphold the constitution.
He urged Council to seek independent counsel that has expertise in this area of the law. He
reported that the six state actions brought against Mr. Kruppe and his employees were
dismissed last month. Mr. Mull stated that he would hold his settlement offer open until July
3, 2003. In response to the previous speaker, he hoped that the country would maintain its
basic constitutional values of free speech and acceptance of diversity and that the Council
would consider its responsibilities as elected officials and make a non -emotional and
reasoned response to this issue.
Council Member Beckman offered Mr. Hays an opportunity to respond.
City Attorney Hays reported that this matter had been before Council. Mr. Mull subsequently
sent a more recent offer, which contained the same elements of the previous offers Council
had considered and given his office direction on to how to respond. Mr. Hays stated that he
would agendize the offer Council has been given today.
John Conner identified himself as the head coach of the Piranhas swim team. He reported
that the City has six teams, five of which swim in public pools that restrict practice time to two
hours in the evening. The Dolphin team was created two years ago to accommodate an
increased number of youth in the swim program. Since February there have been five head
coach meetings to discuss the possibility of disbanding the Dolphin team; however, the coach
for the Dolphins did not participate and it resulted in a lack of communication to the team
members and their parents.
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Continued June 18, 2003
• Timothy Kruppe stated that he represented the businesses of Intimates and Adult Pleasure
World. He asked City Attorney Hays to apologize for the derogatory comment he made about
Mr. Mull, which was quoted in today's newspaper article. He stated that this matter is not just
about the adult business ordinance; it is about rights in general. He complained of
harassment and unprofessional conduct of City representatives.
Council Member Hansen recalled that in his former position as Chief of Police he spoke with
Mr. Kruppe about his business and the influence it has on the community. He stated that the
City had tried to prevent these businesses from opening in Lodi, but were prohibited from
doing so because of case precedent and constitutional laws. He commented that because of
these laws the City has to put up with something that the majority is opposed to. He
disagreed with many of the comments made by Mr. Mull and stated that though Mr. Hays
represents the City, the characterization he made of Mr. Mull was his comment and his
decision.
Mr. Kruppe again asked that Mr. Hays apologize.
Council Member Land stated that it would be looked into.
Mr. Kruppe believed that this teaches children that it is alright to lie, not respect others, and
not apologize when they are wrong.
Council Member Beckman stated that his understanding as a lawyer was that Mr. Hays'
comment was in reference to the legal tactics that Mr. Mull used in getting the judgment. He
stated that if the tactics were as Mr. Hays' explained to him, that he would agree with the
characterization he made about Mr. Mull. That being the case, he would not ask him to
apologize for something that he agreed with.
Ken Owens, Director of Christian Community Concerns, stated that his organization brought
the ordinance to Council in 2000. He believed that Mr. Mull owed Mr. Hays an apology for
publicly calling him incompetent. Mr. Owens urged Council to keep the ordinance intact as he
wanted to have the strongest ordinance possible to regulate and eradicate businesses that
are perpetrators of immorality in the community. He stated that he has spoken with experts in
the field of First Amendment laws and they have supported the actions of Mr. Hays regarding
the adult business ordinance.
Harold Hensley stated that Tim Kruppe is his stepson. He believed there were too many
restrictions in Lodi and reported that Mr. Kruppe had to contact the Chief of Police before he
could place an ad in the newspaper. Mr. Hensley alleged that he was verbally abused by
police officers for taking pictures in front of Mr. Kruppe's store, that one of the commanders
tried to engage him in a physical altercation, and that the police have bugged Mr. Kruppe's
home.
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 Hitchcock called for the public hearing to
consider the appeal of Ann M. Cerney and Citizens for Open Government regarding the
Planning Commission's approval of the request of Jim Manion, on behalf of Lowe's, to
certify a Final Environmental Impact Report for the Vintner's Square Shopping Center
pursuant to the California Environmental Quality Act.
City Attorney Hays clarified that with this action, the Council is not opening the public
hearing, it is simply addressing staff's recommendation for continuance of the hearing.
PUBLIC COMMENTS:
Ann Cerney stated that she was speaking on behalf of herself and the Citizens for
Open Government. She objected to the continuance of the hearing and stated that
she was provided with a notice that the appeal would be heard tonight and had been
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Continued June 18, 2003
prepared to present it. It was apparent after later receiving the notice of the request
for continuance that staff was not prepared for Council to hear the appeal tonight and
consequently her legal counsel had not come to this meeting. She stated that the
continuance of the appeal hearing violates the City's own procedures and prejudices
her appeal. The City is showing preferential treatment to another applicant by
insisting on hearing both appeals on the same date. She noted that continuing this
appeal in no way expedites G-REM's appeal, which was filed too late to be heard at
tonight's meeting. She objected to the staff report, which indicates that the two
appeals are closely related. Her appeal challenges the Planning Commission's
certification of the Final Environmental Impact Report (EIR) under the California
Environmental Quality Act (CEQA), while G-REM's appeal challenges the Planning
Commission's refusal to adopt a new project condition completely unrelated to CEQA
compliance.
Council Member Beckman disagreed that the continuance prejudiced Ms. Carney's
appeal and noted that it allows her two more weeks to prepare her case.
Mayor Pro Tempore Howard felt that it was helpful and important that both matters be
discussed on July 2 because they have an impact on one another and the decisions are
related to the project. Discussion regarding the Final EIR will involve mitigation, which is
a component of the G -REM appeal.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Beckman second, unanimously
continued the subject public hearing to the City Council meeting of July 2, 2003.
RECESS
At 9:10 p.m., Mayor Hitchcock called for a recess, and the City Council meeting reconvened at
9:25 p.m.
G. PUBLIC HEARINGS (Continued)
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 Hitchcock called for the public hearing to adopt
by resolution the 2003-05 Financial Plan and Budget and the 2003-04 Appropriation
Spending Limit.
City Manager Flynn reported that the cost of medical care will increase from the current
$2.5 million to $3.2 million in 2003-04 and $3.8 million in 2004-05. General liability will
increase from $650,000 to $1 million next year. Workers Compensation will increase
from $836,000 to $1,739,000 next year. The contribution that the City pays to the Public
Employees Retirement System will increase from $2.4 million to $3.3 million in 2003-04
and to $5.4 million in 2004-05. The proposed 2003-05 Financial Plan and Budget does
not address any potential impact from the state's budget. There has been discussion
about pulling the trigger to reestablish the Vehicle License Fee; however, it would not go
into effect until October 1. In this case the City would lose one quarter of the backfill for
next year, which he estimated to be $532,000. The League of California Cities has
suggested a formula that equates to $17 per person. Using this formula, with a
population of 60,000, Lodi could potentially lose $900,000. Mr. Flynn noted, however, that
the League has advised cities not to take anything seriously at this time that the
legislature is doing because there is a great deal of bargaining going on between
legislators, the Governor, and different interest groups. Workers Compensation, liability,
and medical insurance costs are causing problems for business in general throughout
California, which will equate to a loss of jobs and income tax revenue. Consequently Lodi
is faced not only with a fiscal crisis within the City, but a financial crisis throughout the
state. He suspected that when the state budget is finalized, staff would be returning to
Council with a revised City budget in response to the impacts.
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Continued June 18, 2003
Mr. Flynn stated that overall reserves citywide, all funds combined, is 22.7%. Fourteen
public meetings have been held to discuss the budget, staff has met with Council
Members individually, with business leaders in the community, bargaining groups, and
City employees. Four scenarios were brought to Council using recommendations from
the revenue enhancement committee, expenditure reduction committee, and reduction of
force committee. Following Council input a fifth scenario was developed. Thus far ten
employees have signed up for the Voluntary Time Off program, which will save the City
$35,000. The budget includes $950,000 in salary adjustments to bring employees up to
mean of the 15 survey cities. Employees will begin to pay for part of their medical
insurance costs. Three firefighters will be added to the Fire Department's staffing level in
the 1st year of the budget, and one in the 2nd year. Page H -14a is a description of what
Other Sources and Uses are. During previous discussions Council asked that the
following items be pulled for a separate vote:
➢ 1 High Crime Investigator -2004-05
➢ 3 Firefighters — 2003-04
➢ 1 Firefighter — 2004-05
➢ 6 Paramedics — 2004-05
➢ 1 Electrical Technician — 2003-04
➢ $50,000 to the Salvation Army for the New Facility Capital Campaign
➢ $130,000 to the Lodi Conference and Visitor Bureau
Mr. Flynn stated that fee increases will be brought back to Council for discussion and
specific action. Capital projects will be brought back individually as funds are identified.
An estimated timeline for the major capital projects will be discussed at a future
Shirtsleeve Session. Staff is looking into a public survey to assess what projects are
important to the community, how they would like to see them paid for, and the general
level of satisfaction with City services. He stated that the reclassification of Deputy City
Manager to Assistant City Manager in 2004-05 will not result in a salary increase.
In reply to Council Member Hansen, Finance Director McAthie reported that the 22.7%
citywide reserve equates to $33,136,851.
In reference to Mr. Flynn's earlier comment related to fee increases, Mayor Pro Tempore
Howard noted that increases associated with Parks and Recreation programs and
Hutchins Street Square will not be coming back to Council. Mr. Flynn confirmed this and
clarified that he was referring to fees related to fines, permits, etc.
In reply to Council Member Land, Mr. Flynn reported that he did not calculate or make
adjustments for the potential loss related to the VLF 90 -day lag in funding if the trigger is
pulled.
Hearing Opened to the Public
• Captain Frank Severs of the Lodi Salvation Army thanked the Council for including
the $50,000 contribution in the City's budget.
• Annette Murdaca asked that Council honor its previous commitment to contribute
$250,000 over the next five years to the Salvation Army. She stated that they have
worked very hard to raise the rest of the money and reminded Council that the City
had asked them to move their facility.
Mayor Hitchcock recalled that she had asked that this item be voted on separately;
however, she no longer wished to as she felt that the new facility benefits the City's
economic development, improves the downtown area, and provides needed housing
for the homeless.
Council Member Beckman replied that he would like the item pulled and voted on
separately. He did not see providing taxpayer money to a charitable organization as a
proper role for government.
Continued June 18, 2003
Council Member Hansen believed that by voting in favor of this request it would define
Lodi as a community that cares about the less fortunate. He felt that the Council had an
obligation to live up to its previous commitment.
Mr. Flynn commented that the people of Lodi "take care of their own" as opposed to
having the county come in and build a facility to shelter the homeless, which he noted
would likely be much more costly. Lodi's programs are successful because they are
grassroots programs that have the support of the community.
Public Portion of Hearing Closed
MOTION #1 / VOTE:
The City Council, on motion of Council Member Land, Hansen second, approved funding
of $50,000 to the Lodi Salvation Army for the New Facility Capital Campaign. The motion
carried by the following vote:
Ayes: Council Members — Hansen, Howard, Land, and Mayor Hitchcock
Noes: Council Members — Beckman
Absent: Council Members — None
NOTE: Due to a potential conflict of interest, as his spouse is the Executive Director of
the Lodi Conference and Visitor Bureau (LCVB), Council Member Beckman abstained
from discussion and voting on the matter related to funding the LCVB.
Council Member Hansen commented that he met with representatives of the LCVB who
demonstrated the value of the City's investment in terms of bringing people into the
community. He suggested that the LCVB give a presentation to Council at an upcoming
Shirtsleeve Session, as well as the other community promotions organizations.
Nancy Beckman, Executive Director of the LCVB, reminded Council that a special joint
meeting was scheduled on April 3, 2003, for this purpose.
MOTION #2:
Council Member Hansen made a motion, Land second, to approve funding of $130,000 to
the Lodi Conference and Visitors Bureau.
DISCUSSION:
Mayor Pro Tempore Howard stated that if mid-cycle adjustments must be made to the
budget, she would be looking at community promotions funding first.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Hansen, Howard, Land, and Mayor Hitchcock
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Beckman
Mayor Hitchcock displayed an overhead (filed) and reported that Other Sources and uses
totals $2.5 million in 2003-04 and $2.7 million in 2004-05. Referencing page G-7 she
pointed out that there is a $3.8 million shortfall in the 1St year. There is a gain from the
enterprise fund of $1.8 million; however, the shortfall still remains at $1.9 million. The
$1.9 million shortfall is being balanced by $2.5 million in the category of Other Sources
and Uses, which is a soft number. Because it is balancing the shortfall, it decreases the
reserve by $561,000. She emphasized the importance of showing where the Other
Sources and Uses are coming from. She believed that everything should be fully
disclosed to the public. She asked how anyone could be held accountable for the end
result, when Council does not have this information. She expressed concern about
approving a budget that balances itself with a figure from which its source is not identified.
M
Continued June 18, 2003
Discussion ensued regarding the budget format and the Mayor's recommendation.
Council Member Hansen was in favor of the current process.
Council Member Beckman acknowledged that the budget document has numbers that
reflect something that the City has not yet done. He suggested that it might be
appropriate to have a separate addendum identifying that the figures represent what
might happen if Council takes certain actions in the future. He stated that this would be a
policy decision for future discussion, possibly at a Shirtsleeve Session.
Mayor Pro Tempore Howard felt that the budget format was adequate as is, and pointed
out that page H -14a defines what falls under the category of Other Sources and Uses.
Council Member Land noted that the City has received clean audit reports and budget
recognition awards.
Mr. Flynn added that prior to the new budget format adopted in 1994-95 when he was
hired, the City never received an award. He commented that the budget format has been
discussed ever since Mayor Hitchcock has been on the Council and she has always used
it as one of her basis for never voting in favor of the budget.
MOTION #3:
Mayor Hitchcock made a motion to fully disclose an itemization of what the sources are
under Other Sources and Uses of $2.5 million in 2003-04 and $2.7 million in 2004-05,
what the expenditures are, and the balance — not to be shown as designated for labor
negotiations, but to be designated as unexpended reserve. The motion died for lack of a
second.
Council Member Beckman pointed out that the City is having financial difficulties,
department heads have been asked to make cuts, there are 10 vacant positions, and at
the same time the City is hiring 12 new positions.
MOTION #4 / VOTE:
Mayor Pro Tempore Howard made a motion, Land second, to approve the following new
positions:
• One High Crime Investigator (2004-05)
• Three Firefighters (2003-04)
• One Firefighter (2004-05)
• Six Paramedics (2004-05)
• One Electrical Technician (2003-04)
DISCUSSION:
Council Member Hansen commented that except for the Electrical Technician, which
comes from the enterprise fund, all of the positions are public safety oriented. Council
has stated that public safety is the number one priority in this community. In a tight
budget sacrifices have to be made in terms of other positions. He stated that the
positions that are not going to be filled are nice to have, but are not critical in terms of
public safety.
Mayor Hitchcock concurred that public safety is the number one issue.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Hansen, Howard, Land, and Mayor Hitchcock
Noes: Council Members — Beckman
Absent: Council Members — None
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Continued June 18, 2003
Mayor Hitchcock objected to Mr. Flynn's earlier comment and stated that she has not
used the Other Sources and Uses in the past to vote against the budget. She explained
that with only a $2.6 million reserve and $2.5 million of Other Sources and Uses, which
are not identified, she was not comfortable in approving the budget. She commented that
by using this budget format she could not be held accountable, nor could staff.
Council Member Land believed that the City Manager did a great job in reducing the
budget and utilizing creative ideas to balance it. He appreciated the staff who have
signed up for the Voluntary Time Off program.
MOTION #5:
Council Member Land made a motion, Hansen second, to adopt Resolution No. 2003-107
approving the 2003-05 Financial Plan and Budget for the fiscal year beginning July 1,
2003, and ending June 30, 2005, and further approving the 2003-04 Appropriation
Spending Limit.
DISCUSSION:
Council Member Hansen stated that he was comfortable with the budget and the policies
that the preceding Councils adopted. He commended the City Manager for enabling line
staff to have input in the budget, which will result in more buy -in for the Voluntary Time Off
program. He disagreed with the Mayor's interpretation that by not itemizing Other
Sources and Uses, the City is not fully disclosing the budget.
Mayor Hitchcock asked Ms. McAthie to provide Council with a detailed breakdown of
Other Sources and Uses, in addition to a copy of the policy that Council adopted related
to the budget format and listing Other Sources and Uses in this manner.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, Howard, and Land
Noes: Council Members — Mayor Hitchcock
Absent: Council Members — None
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Mayor Pro Tempore Howard, Hitchcock second, unanimously
voted to consider only Item 1-4 following the 11:00 p.m. hour and continue the remainder of the
meeting to July 2, 2003.
H. COMMUNICATIONS
H-1 Claims filed against the City of Lodi — None
H-2 Reports: Boards/Commissions/Task Forces/Committees — None
H-3 Appointments — None
H-4 Miscellaneous
a) "Monthly Protocol Account Report" was continued to the regular meeting of
July 2, due to the above vote.
REGULAR CALENDAR
1-1 "State Budget update" was continued to the regular meeting of July 2, due to the
above vote.
1-2 "Adopt resolution authorizing reallocation from 2002-03 unencumbered funds for the
purchase of notebook computers (up to five at $1,900 each)" was continued to the
regular meeting of July 2, due to the above vote.
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Continued June 18, 2003
1-3 "Adopt resolution authorizing the City Manager to execute an amendment to the
Memorandum of Understanding between the City of Lodi and various Railroads approved
by Council on September 18, 2002" was continued to the regular meeting of July 2,
due to the above vote.
1-4 "Adopt resolution authorizing the City Manager to execute a Purchase Order in the
amount of $15,000 in accordance with Lodi Municipal Code Section 3.20.070 for pre -
purchasing 100 side inlet catch basin assemblies from South Bay Foundry and
appropriate funds"
Wally Sandelin, City Engineer, reported that he and George Bradley, Street
Superintendent, have been working on a redesign for three to four months and have
negotiated an arrangement with the South Bay Foundry, whereby if the City guarantees it
will buy 100 side inlet catch basin assemblies, they will go ahead and make the form. A
stainless steel bar will be installed midway in the side inlet catch basin. South Bay
Foundry will keep the catch basins at its factory. Developers can purchase them from the
Foundry, from the ones that have been preordered.
In reply to Council Member Hansen, Mr. Sandelin reported that there are two types of side
inlet catch basins. In the older portions of the community they have a mid -span bar and
beginning approximately three years ago the City went to the modified standard.
PUBLIC COMMENTS:
• Arthur Price expressed concern about the steep pitch leading down to the pipe.
Mr. Sandelin replied that Public Works will be modifying the degree of the drop.
MOTION /VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously
adopted Resolution No. 2003-108 authorizing the City Manager to execute a Purchase
Order in the amount of $15,000 in accordance with Lodi Municipal Code Section 3.20.070
for pre -purchasing 100 side inlet catch basin assemblies from South Bay Foundry and
appropriated funds in accordance with staff recommendation.
1-5 "Approve design concept for Lockeford Street Storm Drainage Improvements" was
continued to the regular meeting of July 2, due to the above vote.
1-6 "Adopt resolution awarding contract for Kettleman Lane Median Improvements, Hutchins
Street to School Street to Clayborn Contracting Group, Inc., of Auburn ($129,060), and
appropriate funds" was continued to the regular meeting of July 2, due to the above
vote.
E-9 "Adopt resolution authorizing the Public Works Director to cast ballots representing City -
owned properties in favor of the North San Joaquin Water Conservation District acreage
charge ($200)" was continued to the regular meeting of July 2, due to the above
vote.
ORDINANCES
J-1 Ordinance No. 1731 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 13669
North Cherokee Lane; 4071, 4145, and 4219 East Harney Lane; and 1443 East Harney
Lane (APN 062-290-14, 17, 37, and 38 and APN 058-230-17) from San Joaquin County
RL, Residential Low Density and AU -20 Agriculture Urban Reserve to R-2, Single Family
Residential" was continued to the regular meeting of July 2, due to the above vote.
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Continued June 18, 2003
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
• Mayor Hitchcock announced that a representative from Senator Poochigian's office will be at
the Carnegie Forum tomorrow from 1:00 to 4:30 p.m.
• Mayor Pro Tempore Howard noted that Council will be considering a proposed salary
adjustment for management employees. She asked City Manager Flynn not to implement a
salary adjustment for the Interim Parks and Recreation Director, or compensation for the new
responsibilities of the Deputy City Manager or Community Development Director until Council
has an opportunity to discuss these matters all at the same time.
• Council Member Hansen announced that his vacation starts tomorrow morning.
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
• City Manager Flynn announced that Randy and Dori Hays are celebrating their 37th
anniversary today.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:09 P.M.
ATTEST:
Susan J. Blackston
City Clerk
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