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HomeMy WebLinkAboutMinutes - July 16, 2003LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JULY 16, 2003 C-1 CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of July 16, 2003, was called to order by Mayor Pro Tempore Howard at 5:38 p.m. Present: Council Members — Beckman, Hansen, Howard, and Land Absent: Council Members — Mayor Hitchcock Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston C-2 ANNOUNCEMENT OF CLOSED SESSION a) 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 b) Threatened litigation: Government Code §54956.9(b)(1); one case; potential suit by Gary Messing, on behalf of the Police Officers' Association of Lodi against the City of Lodi based on Vacation Leave Accrual C) Actual litigation: Government Code §54956.9(a); one case; Albert v. City of Lodi et aL, U.S. District Court, Eastern District, Case No. CIV S-00-2752 LKK PAN C-3 ADJOURN TO CLOSED SESSION At 5:38 p.m., Mayor Pro Tempore Howard adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:25 p.m. C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION At 7:00 p.m., Mayor Pro Tempore Howard reconvened the City Council meeting, and City Attorney Hays disclosed the following actions. In regard to Item C-2 (a), Mr. Hays reported that the only unit discussed by Council was Police Mid -Management, for which Council gave further negotiating direction and those messages would be carried back to the bargaining unit. In regard to Item C-2 (b), Mr. Hays announced that the matter involved a potential suit dealing with vacation leave accrual. Council received a report and gave direction relative to a suggested settlement in the matter, which will be communicated to the other parties. In regard to Item C-2 (c), Mr. Hays stated that Council discussed a settlement proposal and gave direction to the City Attorneys Office. A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of July 16, 2003, was called to order by Mayor Pro Tempore Howard at 7:00 p.m. Present: Council Members — Beckman, Hansen, Howard, and Land Absent: Council Members — Mayor Hitchcock Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston B. INVOCATION The invocation was given by Pastor Kevin Suess, Lodi Community Church. Continued July 16, 2003 C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tempore Howard. D. AWARDS / PROCLAMATIONS / PRESENTATIONS D-1 (a) Following introduction by Community Development Director Bartlam, Mayor Pro Tempore Howard presented the Community Improvement Award to Mark and Mary Gisler, property owners of 404 E. Pine Street. Mr. Gisler thanked Ron Mettler of Farmers and Merchants Bank for giving him a loan to improve the board and care facility. D-2 Proclamations — None D-3 Presentations — None 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 by the vote shown below: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock E-1 Claims were approved in the amount of $3,350,098.92. E-2 The minutes of June 10, 2003 (Shirtsleeve Session), June 24, 2003 (Shirtsleeve Session), July 1, 2003 (Shirtsleeve Session), and July 1, 2003 (Special Meeting) were approved as written. E-3 Approved the plans and specifications for English Oaks Common Park Shade Structure Improvements, 2184 Newbury Circle, and authorized advertisement for bids. E-4 Approved the plans and specifications for Katzakian Park Booster Pump Improvements, 2735 West Turner Road, and authorized advertisement for bids. E-5 Approved the specifications for various Electric Utility construction and maintenance materials, authorized advertisement for bids, and authorized the City Manager to award the purchase of these items to the low bidder (estimated at $17,000). E-6 Adopted Resolution No. 2003-122 rejecting all bids, approving revised specifications, authorizing advertisement for bids for Sidewalk Repair Program and Miscellaneous Repair Program, Fiscal Year 2003-04, and authorizing the City Manager to award or reject the contract up to $38,000. E-7 "Adopt resolution authorizing the City Manager to execute an agreement with Macias, Gini & Company LLP to audit the City's financial records for the next five years beginning fiscal year ending June 30, 2003 ($77,400)" was removed from the Consent Calendar and discussed and acted upon following Comments by the Public. E-8 Adopted Resolution No. 2003-123 authorizing the purchase of Websmart Development Tools from Business Computer Design International, Inc., of Hinsdale, Illinois, in the amount of $22,650. E-9 Adopted Resolution No. 2003-124 awarding the contract for Lodi Avenue Asphalt Concrete Resurfacing, Ham Lane to Union Pacific Railroad, to Granite Construction Company, of Stockton, in the amount of $349,990, and appropriated funds in accordance with staff recommendation. P Continued July 16, 2003 E-10 Adopted Resolution No. 2003-125 awarding the contract for Fire Station #1 HVAC Design/Build Project, 210 West Elm Street, to Air Systems, of Sacramento, in the amount of $100,830, and appropriated funds in accordance with staff recommendation. E-11 Authorized grant application by the Division of Arts and Culture to National Endowment for the Arts for assistance in funding a Lodi Community Arts Directory. E-12 Adopted Resolution No. 2003-126 authorizing the creation of a new capital budget account, capital contingency fund, for the City of Lodi Electric Utility at an annual funding level of $200,000, which will be used to meet unanticipated capital funding items. E-13 Adopted Resolution No. 2003-127 authorizing the City Manager to extend the consulting services agreement with Borismetrics through December 2003 to provide professional services to the Electric Utility Department in the amount of $60,000. E-14 Adopted Resolution No. 2003-128 authorizing the City Manager to extend the consulting services agreement with McDonald Partners, Inc. through December 2003 to provide bulk power cost modeling and strategic services to the Electric Utility Department in the amount of $70,000. E-15 Adopted Resolution No. 2003-129 authorizing the City Manager to allocate Public Benefit Program funds in the amount of $60,000 to extend the Lodi Appliance Rebate Program. E-16 Adopted Resolution No. 2003-130 authorizing the City Manager to allocate Public Benefit Program funds in the amount of $50,000 to extend the Lodi Solar Education Outreach Project for fiscal year 2003-04. E-17 Adopted Resolution No. 2003-131 approving the following salary and benefits for City Manager Appointees (unrepresented): • Salary increase for unrepresented City Manager Appointees of 2.5% to be effective the first full pay period in July 2003. • Reinstatement of control point comparison to "C' step of range to provide City Manager with flexibility in setting salaries and determining merit increases effective immediately. • Provide Martin Luther King, Jr. Day as an additional fixed holiday effective January 2004. • Provide cost of living increase effective the pay period in which January 1, 2004 falls based upon formula at no less than 2% and no greater than 4% using consumer price index (San Francisco -Oakland -San Jose CPI -W). • Increase deferred compensation match to 3% effective first pay period of 2004. • Increase life insurance to two times annual salary effective as soon as administratively possible. • Implement sharing of cost of medical insurance as soon as administratively possible with employees contributing $80.00 per month for one dependent and $104.00 per month for employees covering more than one dependent. E-18 Adopted Resolution No. 2003-132 approving the following salary and benefits for Fire Mid -Management (unrepresented): • Implementation of salary survey, 50% effective July 1, 2003; 50% effective pay period in which January 1, 2004 falls. • Provide cost of living increase effective pay period in which July 1, 2003 and July 1, 2004 falls (as calculated on June 15, 2003 and 2004) based upon formula at no less than 2% and no greater than 4% using consumer price index (San Francisco - Oakland -San Jose CPI -W). • Increase Educational Incentive pay as follows: $50.00 for Associate of Arts or $100.00 for Bachelor of Arts; $100.00 for Fire Chief Officer. 3 Continued July 16, 2003 • Provide Martin Luther King Jr. Day as an additional fixed holiday effective January 20, 2004. • Increase deferred compensation match to 3% effective first pay period of 2004. • Implement sharing of cost of medical insurance as soon as administratively possible with employees contributing $80.00 per month for one dependent and $104.00 per month for employees covering more than one dependent. • Incorporate new language on discipline and grievance procedure. • Delete "me -too" language and include language that employees reserve the right to return and discuss with City issues pertaining to the terms and conditions established by this resolution. • Staff will incorporate these changes into updated statement of benefits to reflect all other current benefits. E-19 Set public hearing for August 20, 2003, regarding the appeal of Richard O. Wright of a Planning Commission approval of a Use Permit to allow an increase in residential density from 10.89 dwelling units per acre to 17 dwelling units per acre on four separate parcels totaling approximately 2.83 acres within the Lakeshore Village Planned Development, PD (21), located at 1441 S. Mills Avenue. Mayor Pro Tempore Howard noted that only four Council Members would be present on August 20, and indicated that the appellant could continue the hearing to another date if he preferred. F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS • None. ACTION ON ITEM REMOVED FROM CONSENT CALENDAR E-7 "Adopt resolution authorizing the City Manager to execute an agreement with Macias, Gini & Company LLP to audit the City's financial records for the next five years beginning fiscal year ending June 30, 2003 ($77,400)" Council Member Hansen asked why the lowest bid was not chosen. Finance Director McAthie explained that the committee chose to recommend Macias, Gini & Company based on four pages of criteria, as well as its presentation and references. MOTION / VOTE: The City Council, on motion of Council Member Hansen, Beckman second, adopted Resolution No. 2003-133 authorizing the City Manager to execute an agreement with Macias, Gini & Company LLP to audit the City s financial records for the next five years beginning fiscal year ending June 30, 2003 ($77,400). The motion carried by the following vote: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock 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 Pro Tempore Howard called for the public hearing to consider adopting revised fee schedules for building permits. Jerry Herzick, Chief Building Official, reminded Council that the 2003-05 budget incorporated increased revenues by adjusting fees, including building permit fees. The last time building permit fees were raised was 1993. Staff is recommending an increase 4 Continued July 16, 2003 in fees based on the 1997 Uniform Building Code, which is consistent with other jurisdictions in the area that have increased fees recently. The recommended fee increases include plumbing, mechanical, electrical, cost recovery for state regulations for disabled access energy, and construction plan maintenance. The fee increase will vary based on the size, type, and complexity of the project. Fee adjustments will also allow the Community Development Department to recover its cost for inspection, plan check, permit processing, and information retention. The proposed fee increases were discussed at the Building Division's public meetings on June 5 and July 10. Notices of the public hearing were sent to all affected parties on file, as well as the Building Industry Association of the Delta and the Builders' Exchange of Stockton. In response to Council Member Land, Mr. Herzick reported that once the proposed fees take effect, Lodi's position within the 13 cities surveyed ranked in order of fees will remain unchanged. He stated that approximately eight people attended the public meeting on June 5 and ten attended on July 10. The concern raised at the meeting was that they did not want the level of service to drop. Council Member Beckman noted that the average increase per housing unit would be approximately $750 and commented that the median price of a home in Lodi is $220,000. Community Development Director Bartlam stated that the fee increase amounts to .003%. Council Member Beckman recalled that he made a promise to the citizens of Lodi to do what he could to make housing more affordable. He believed that to vote in favor of this recommendation would be contrary to that promise. In answer to questions posed by Council Member Hansen, Mr. Bartlam stated that he did not believe the proposed fee increases would in any way impact the housing market in Lodi. The recommended fee increases are for cost recovery. He noted that it would be Council's policy as to whether to subsidize development in Lodi by capping the fees. He explained that staff chose not to use the fee schedule in the 2001 Uniform Building Code, to be consistent with other cities in San Joaquin County. He stated that building permit fees are not as important to new commercial development, as are the cost of land, development impact fees, electric service reliability, utility infrastructure connections, extensions, and timing. Deputy City Manager Keeter agreed with Mr. Bartlam's statement regarding commercial development and stated that according to her experience with commercial businesses, the City's new fee structure would not dissuade them from coming to Lodi. Hearing Opened to the Public None. Public Portion of Hearino Closed MOTION / VOTE: The City Council, on motion of Council Member Hansen, Land second, introduced the following ordinances by the vote shown below: Ayes: Council Members — Hansen, Howard, and Land Noes: Council Members — Beckman Absent: Council Members — Mayor Hitchcock • Ordinance No. 1732 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Section 15.04.030 of the Lodi Municipal Code Relating to Building Permit Fees and Adding Section 15.04.035 Relating to the Adoption of a Fee Schedule"; • Ordinance No. 1733 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Section 15.12.030 of the Lodi Municipal Code Relating to Plumbing Permit Fees and Adding Section 15.12.035 Relating to the Adoption of a Fee Schedule'; Continued July 16, 2003 • Ordinance No. 1734 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Section 15.08.020 of the Lodi Municipal Code Relating to Mechanical Permit Fees and Adding Section 15.08.025 Relating to the Adoption of a Fee Schedule"; and • Ordinance No. 1735 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Section 15.16.020 of the Lodi Municipal Code Relating to Electrical Permit Fees and Adding Section 15.16.025 Relating to the Adoption of a Fee Schedule." H. COMMUNICATIONS H-1 Claims filed against the City of Lodi — None H-2 Reports: Boards/Commissions/Task Forces/Committees — None H-3 Aroointments a) The City Council, on motion of Council Member Land, Hansen second, directed the City Clerk to post for the following vacancy on the East Side Improvement Committee by the vote shown below: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock East Side Improvement Committee R. J. Hutton Term to expire March 5, 2005 Council Member Land asked that a joint meeting be scheduled in the near future with the East Side Improvement Committee and the City Council at either an evening meeting or Shirtsleeve Session. H-4 Miscellaneous — None REGULAR CALENDAR 1-1 "Adopt resolution authorizing the City Manager to allocate Public Benefit Program funds in the amount of $90,000 to create the House -As -A -System Inspection Program and to execute a contract with the Energy Doctor, Inc., to provide the physical inspections involved with this new residential program" Kathy Brown, Customer Programs Coordinator, reported that the House -As -A -System residential program would provide participating customers with a state of the art home inspection to assess the effectiveness of the heating and air conditioning system, windows, attic insulation, and the air delivery and ventilation system. Staff recommends that Energy Doctor, Inc. serve as the inspector for this new program. Ms. Brown introduced Gary Heederik, owner of Energy Doctor, who stated that the House -As -A - System program would help to improve the efficiency and comfort of homes. MOTION/ VOTE: The City Council, on motion of Council Member Land, Hansen second, adopted Resolution No. 2003-134 authorizing the City Manager to allocate Public Benefit Program funds in the amount of $90,000 to create the House -As -A -System Inspection Program and to execute a contract with the Energy Doctor, Inc., to provide the physical inspections involved with this new residential program. The motion carried by the following vote: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock 1-2 "Adopt resolution authorizing the City Manager to allocate Public Benefit Program funds in the amount of $125,000 to create the Lodi Energy Efficient Home Improvement Program" Kathy Brown, Customer Programs Coordinator, explained that two existing rebate programs, 1) the Lodi Air Duct Testing Attic Insulation Rebate, and 2) Lodi Energy 6 Continued July 16, 2003 Efficient Window Shade Screen Program, will be collapsed into the Lodi Energy Efficient Home Improvement Program. As part of the new program, residential customers may receive rebates for upgrading attic insulation, repairing leaking air ducts, installing programmable HVAC thermostats, whole house fans, ceiling fans, attic fans or ventilators, shade screen window tinting, or energy efficient windows. Each energy efficient improvement has a designated rebate amount. The total rebate available per customer service address is $300. The various energy efficient improvements proposed in this program would reduce a customer's energy consumption from 3% to 25% depending upon the size and scope of the improvements they pursue. In reply to Council Member Hansen, Ms. Brown stated that owners of new homes should not assume that it is totally energy efficient and she encouraged them to participate in the Lodi Energy Efficient Home Improvement Program as well. MOTION / VOTE: The City Council, on motion of Council Member Land, Hansen second, adopted Resolution No. 2003-135 authorizing the City Manager to allocate Public Benefit Program funds in the amount of $125,000 to create the Lodi Energy Efficient Home Improvement Program. The motion carried by the following vote: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock 1-3 "Approve design concept for Lockeford Street Storm Drainage Improvements; approve plans and specifications and authorize advertisement for bids for Lockeford Street Storm Drainage Improvements; and adopt resolution authorizing the City Manager to award or reject the contract up to $142,000, and appropriate funds" Public Works Director Prima recalled that staff had promised to accomplish Lockeford Street drainage improvements before next winter. For this reason staff is requesting a combined action of approving plans and specifications and authorizing the City Manager to award a contract up to a certain dollar amount. Wally Sandelin, City Engineer, reported that staff has thoroughly analyzed the B-2 and Lodi Lake Pump Station areas and recommends that a new storm drain line in Lockeford Street be built. Based on the design, plans, and specifications, he estimated the cost to be substantially less than $140,000. Council Member Land noted that he would be watching the situation during the winter months to ensure that the residents on Lockeford Street do not have to sandbag their homes. If the storm drain improvements do not adequately correct the situation, he would recommend one of the more expensive alternatives. In reply to Council Member Hansen, Mr. Sandelin reported that the engineer's estimate for the project is in the range of $80,000 to $90,000. In answer to Council Member Hansen, Mr. Prima explained that staff applied the same design standards for this project as had been used for other areas in the City. The "two- year storm event level" means that, based upon statistics, it is the level of rainfall that occurs every two years. Mr. Prima noted, however, that there could be rainstorms that exceed the standard. He stated that Lockeford Street is heavily influenced by what occurs at the Lodi Lake Pump Station, which also needs to have work done. If there is a storm that exceeds the design standards or additional water comes from the line east and west on Turner Road that exceeds capacity, the water level at the pump station would rise and affect the Lockeford Street system. Mr. Prima reported that staff intends to return to Council with recommendations on how to address flooding that has been seen in new subdivisions. 7 Continued July 16, 2003 In response to Mayor Pro Tempore Howard, Mr. Sandelin reported that construction would be mostly on the northern side of the street adjacent to the curb, which would require only one lane closure. MOTION / VOTE: The City Council, on motion of Council Member Land, Hansen second, adopted Resolution No. 2003-136 approving the design concept for Lockeford Street Storm Drainage Improvements, approving the plans and specifications for Lockeford Street Storm Drainage Improvements, authorizing advertisement for bids, and authorizing the City Manager to award or reject the contract up to $142,000, and appropriate funds. The motion carried by the following vote: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock 1-4 "Adopt resolution increasing fee for returned check charges from $10.00 to $25.00 for each first returned check and increasing late fees for 30 -day past due utility bills from $5.00 to $10.00" Maxine Cadwallader, Customer Services and Revenue Manager, reported that Assembly Bill 2643 enabled the local retail community to charge $25 for first returned checks and $35 for second returned checks. She reviewed exhibit A to the staff report noting that the processing costs for one returned check can total as much as $56.68 if utility services must be terminated. Staff recommends that the fee for each first returned check be increased from $10 to $25. Ms. Cadwallader reviewed exhibits B and C to the staff report and explained that the goal for increasing late fees for 30 -day past due utility bills from $5 to $10 is to decrease the number of occurrences. She noted that any payments that do not match the amount billed have to be handled in an exception batch, which increases the processing cost. In reply to Council Member Land, Ms. Cadwallader reported that over 3% of accounts are using the direct deposit service. MOTION / VOTE: The City Council, on motion of Council Member Hansen, Beckman second, adopted Resolution No. 2003-137 increasing the fee for returned check charges from $10.00 to $25.00 for each first returned check and increasing the late fees for 30 -day past due utility bills from $5.00 to $10.00. The motion carried by the following vote: Ayes: Council Members — Beckman, Hansen, Howard, and Land Noes: Council Members — None Absent: Council Members — Mayor Hitchcock 1-5 "Presentation of the San Joaquin County Housing Authority's Annual Report" Antonio Pizano, Executive Director with the San Joaquin County Housing Authority, distributed the 2002 Annual Report (filed) and noted that the Housing Authority was established in 1942. In the mid-1990s the Housing Authority began to develop self- sufficiency opportunities for residents of public housing. Council Member Land reported that the Housing Authority has brought its first affordable, Section 8, multi -family complex to Lodi at 719 S. Washington Street. The Housing Authority also has a partnership with Lodi in the Revitalizing Existing Neighborhoods and Extending the Workforce (RENEW) program. One new home has been built in Lodi under the RENEW program. Lodi has over 800 people participating in the Section 8 voucher program, which pays for 70% of their rent. The Housing Authority also has programs to help individuals become self sufficient, such as teaching credit counseling and first-time homebuyer classes. During the past one and a half years, there have been five graduates from the Family Self Sufficiency program that are now homeowners. 0 Continued July 16, 2003 In response to Council Member Hansen, Deputy City Manager Keeter reported that 54% of Lodi homes are owner occupied, with the balance being rental properties. Lodi has the second lowest average income level in the county, just behind Stockton. In reply to Council Member Hansen, Mr. Pizano reported that of the 5,000 families and senior citizens that the Housing Authority assists countywide in the Section 8 program, 800 are residents of Lodi. He noted that the Housing Authority is willing to be of assistance to Lodi in terms of acquiring property or entering into a partnership and is always in communication with City staff. PUBLIC COMMENTS: Eileen St. Yves stated that two of the apartment complexes she manages serve 80 Section 8 households. The rental association is attempting to stop a rent control bill, which is currently being considered. She stated that the bill would force rent control on rehabilitated rental property, as well as new rental housing. Ms. St. Yves believed that rent control drives prices up and the quality of projects down. She reported that the cost of fire insurance for her complexes increased 400% this year, which equates to $41 per unit per month. In answer to Council Member Hansen, Mr. Pizano reported that the only cities in the county with public housing are Tracy and Stockton. MOTION / VOTE: There was no Council action necessary on this matter. 1-6 "Approve plans and specifications and authorize advertisement for bids for White Slough Water Pollution Control Facility Year 2003 Interim Improvements" Public Works Director Prima reported that the Facilities Waste Discharge Requirements issued by the State Water Quality Control Board in January 2000 require that tertiary filtration be operational by the summer of 2004. Council previously approved the purchase of aeration equipment. The White Slough Water Pollution Control Facility Year 2003 Interim Improvements would install that equipment and do additional improvements on the aeration system, as well as earthwork necessary to install the filter equipment next year. He pointed out that not all of the funding for this element of the project has been secured. Staff is looking into state loans and Certificates of Participation financing. Mr. Prima stated that staff would return to Council with a financing plan in a month or two when the contract is awarded. He cautioned that there is still more work to do (e.g. the filter installation later this year) and staff intends to bring a revenue program to Council and discuss how it may affect rates. In reply to Council Member Land, Mr. Prima confirmed that he did expect that the wastewater rates would need to be increased. City Manager Flynn believed that the rates could double. Council Member Hansen commented that before he could vote for an increase in wastewater rates he would need to be convinced that staff had explored every avenue and possible alternative to avoid it. He stated that if rates must be increased he would be in favor of a two-tier system, due to his concern for senior citizens and low-income individuals. In answer to Mr. Flynn, Mr. Prima stated that if the improvements to the White Slough Water Pollution Control Facility were not made, the City could be fined $10,000 a day and the state could order cessation of building permit issuances. At the request of Council Member Hansen, Mr. Prima explained that staff intends to present Council with a multi-year program of the Wastewater Facility's capital needs, operating costs, and various revenue scenarios, after which the rate structure would be considered. He noted that rate increases could be phased in and low-income rates 9 Continued July 16, 2003 considered. A portion of the cost would be allocated to new development through development impact fees. Staff has already considered technological alternatives. The master plan process began in the late 1990s. During the past five years there have been significant changes in the requirements. Mr. Prima expressed concern that the next permit Lodi will receive in 2005 could have even more stringent requirements. He stated that the only action staff has not yet pursued is the legal aspect where the City would go to court. He reported that other agencies have attempted this and spent a great deal of money only to end up with essentially the same requirements in the end. Council Member Hansen asked whether Electric Utility could help with the cost. Mr. Flynn replied that he did not believe so and explained that electric, water, and wastewater ratepayers must be kept separate. Council Member Beckman indicated that he would be in favor of cities joining together, perhaps through the League of California Cities, to challenge the state mandate. MOTION / VOTE: The City Council, on motion of Council Member Land, Beckman second, approved the plans and specifications for White Slough Water Pollution Control Facility Year 2003 Interim Improvements and authorized advertisement for bids. The motion carried by the following vote: Ayes: Council Members — Beckman, Howard, and Land Noes: Council Members — Hansen Absent: Council Members — Mayor Hitchcock 1-7 "State Budget update" City Manager Flynn reported that no decision has yet been made regarding the state's budget. He expressed concern about Senate Bill 440, which would cause mandatory arbitration for public safety employee economic issues. He noted that this would take away the authority of the Council to determine what the pay and benefits should be for public safety employees and put the decision in the hands of a single individual. SB 440 was originally overruled by the State Supreme Court and was subsequently amended. It now states that the Council can overrule the arbitrator by unanimous vote of the members of the governing body if done within five days after the issuance of the arbitrator's decision. In answer to Council Member Beckman's inquiry regarding a meeting that took place between the Fire Department and First Responder Ambulance, Mr. Flynn stated that a number of providers in the north county are being looked at, e.g. American Medical Response, Hughson Paramedic Ambulance, etc. This is being done in conjunction with the county office that oversees ambulance service. In reply to Council Member Hansen, Deputy City Manager Keeter read the following statement from an internet site: `The real budget negotiations are continuing in private between senate leaders, although a deal now appears unlikely before Friday, the beginning of the legislature's one month recess." MOTION / VOTE: There was no Council action necessary on this matter. J. ORDINANCES — None K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS • Mayor Pro Tempore Howard commented that it was nice to have some levity during the meeting this evening. 10 Continued July 16, 2003 L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS Discussion ensued regarding upcoming agenda topics and various meeting schedule options. NOTE: It was ultimately decided to schedule a special meeting at 7:00 p.m. on July 30, 2003. M. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 9:02 p.m. ATTEST: Susan J. Blackston City Clerk 11