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HomeMy WebLinkAboutMinutes - November 5, 2003LOPI CITY COUNCIL REGULAR: CITY COUNCIL MEETING: CARNEGIE F0R.UM,.305.WE$T:PIN.E STREET WEDNESDAY, NCVEM89R 5, 2003 C_t CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of November 5, 2003, was called to order by Mayor Hitchcock at 5:34 p.m. Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock Absent: Council Members — None Also present: Deputy City Manager Keeter, City Attorney Hays, and City Clerk Blackston C-2 ANNOUNCEMENT OF CL .SSU SES l N a) Conference with Labor Negotiator, Human Resources Director Joanne Narloch, regarding Association of Lodi City Employees, concerning General Services and Maintenance and Operators, pursuant to Government Code §54957.6 (HR) b) Conference with City Manager concerning Vacation Leave Accrual Cap Policy regarding all bat .aini ig units and unrepresented employees pursuant to Government Code §54957.6 (HFI) C) Actual litigation: Government Cade §54956.9(a), one case; Hohn v. Cif ref L diet al., Superior Court of California, County of San Joaquin, Stockton Branch Case No. CV Ot 3688 .(CA) C-3 ADJOURN TO CLOSED SESSION At 5:34 p.m., Mayor Hitchcock adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:33 p.m. 0-4 RETURN TO OPEN SESSION / DIC SURE OF ACTION At 7:01 p.m., 'Mayor Hitchcock reconvened the City Council meeting, and City Attorney Hays disclosed the following actions. In regard to Items 0-2 (a) and (b), Council gave direction to the City's negotiators regarding matters irivolving bargaining units. In regard to Item C-2 (c), Council gave direction to the City Attorney's Office regarding settlement discussions and how to proceed. A. GALL.TCJ ®RDER i RC)LL CALL The Regular City Council meeting of November 5, 2003, was called to order by Mayor Hitchcock at Toll P.M. Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock Absent: Council Members — None Also Present: Deputy City Manager Keeter, City Attorney Hays, and City Clerk Biackston B. INVOCATION The invocation was given by Captain Frank Severs, Lodi Salvation Army. C. PLEDGE OF ALLEGIANCE The Fledge of Allegiance was led by Mayor Hitchcock. D. AWARE) I EROCLAMATI NS I PRESENTATIONS D -t Awards None D-2 Proclamations -- None Continued November S, 2003 D-3 (a) Following introduction by Parks and Recreation Director Goehring, Mayor Hitchcock presented a proclamation to Maria `Jean" Orosco, Senior Administrative Clerk, who is retiring from the City of Lodi after 32 years of service. D-3 (b) Foffowing introductionb}y Park Superintendent Dutra, Mayor Hitchcock presorted. Certificates of Recognition to the following members of the Lodi Parks Division teams for their performance at the 9'" Annual Park Operations Rodeo on October 14, 2003: PARK X LODE -DEMONS Jorge Cruz Jeff Dickhoff Pete`Me.lendez Mark Wonderlich Jason Rickard John Umbaugh Brandon Jones Pablo Ramirez D-3 (c) Terri Whitmire, member of the Lodi Senior Citizens Commission, reported that the "Fled Alert" program was developed with the assistance of Fire Chllef Pretz and Police Chief Adams:. Forms are available at the Library, Finance Department, Loel Senior Center, Arid Hutchins Street Square Senior Center Where they are to be returned. Participants in the program are given a red magnet to place on their refrigerator, to which they attach information regarding the person at home that they are providing care for, as well as a list of people to.call who can cone in and provide care to the individual. This will alert Fire, Police, and ambulance personnel that there is someone in the home with special needs. This information will also be entered into dispatch databases alerting safety personnel in advance that the home is part of the Red Alert program. D-3 (d) Lon Stromnesand Karen West, representing the Lodi Salvation Army, gave a presentation regarding the 200$ Salvation Army Red Kettle Campaign and encouraged all City employees and citizens to volunteer. He thanked Transportation Manager Tiffani Fink for assisting with the commitment to staff kettles at the Dodi Station bus stop throughout the holiday season. Council Member Beckman commented that for the past three years he has volunteered two to four hours for the Salvation Army Red Kettle Campaign and he encouraged all citizens to participate. D-3 (e) George Bradley, Street Superintendent, recalled that in September 2001 Council approved plans and specifications for landscaping on the south Hutchins Street. rhadian. He rioted that in the 9970s app rp irrmately 210 crepe myrtle trews had been planted in the area, 90of which have not survived. The Lodi-Tokay Rotary Club offered to purchase and plant 9.0 trees, and the City will replace another 50 that are in poor condition. The Lodi jokay. Rotary Club and the Tokay.High School Interact Club plan to start planting the trees on November 15. Sour guru trees were selected to replace the crepe myrtles. E. CONS NT_CALENDAR fn accordance with the report and recommendation of the City Manager, Council, on motion cif Council Member Land, Seckman second,. unanimously approved the following items hereinafter set forth except those otherwise rioted: E-1 Claims were approved in the amount of $3,825,116.29. F-2 The minutes of October 7, 2003 (Shirtsleeve Session), October 7, 2003 (Special Meeting), .October 14, 2003 (Shirtsleeve Session), October 21, 2003 (Shirtsleeve Session), and October 27, 2003 (Special Meeting) were approved as written. E-3 Approved the plans and specifications and authorized advertisement for bids for Armory Park Ball Diamond renovation. E-4 Adopted Resolution No. 2003-200 approving the specifications and authorizing advertisement for bids for Maintenance of Landscape Areas for 2004 and authorizing the City Manager to award or reject the contract up to $140;000. Conflnued November 5, 2003 E-5 Approved the specifications and authorized advertisement for bids for rental and cleaning of uniforms for certain fieri ar€d warehouse employees. E-6 Adopted Resolution No. 003-.201 approving specifications and authorizing advertisement for bids for 72,500 feet of Ali SS fiber optic cable, pole line hardware, fiber optic test and splicing equipment, and GE CC -3 JungleMUX Multiplexer equipment and appropriating funding in the amount of $280,000 for engineering, specialized fiber optic training, and substation and overhead construction work associated' with this project. E-7 Adopted. Resolution No. 2003-202 awarding the bid for Parks and Recreation Tabloid booklet printing services to the low bidder, Folger Graphics Printing and Publication, of Hayward, in the amount of $5,021.15. E-8 Adapted Resolution No. 2003-203 awarding the contract for Katzakian Park Rooster Pump Project to Carson Landscape Industries, of Sacramento, in the amount of $23,980 and appropriating funds in the amount of $28,750 in accordance with staff recommendation. E-9 "Adopt resolution accepting a portion of the improvements in Century Meadows Three, Unit 4, Tract No. 2769" was pulled from the agenda pursuant to staff's request. E-10 "Adopt resolution accepting a portion of the improvements for the Harney Lane Sanitary Sewer Lift Statlon" was puffed ftom the agenda pursuant to staff's request.' E-11 Accepted the improvements under the "Traffic Signal and Street Lighting Improvements at Century Boulevard and Ham Lane" contract and directed the City Engineer to file a Notice of Completion with the County Recorder's office. E-12 Accepted the memorial park bench and plaque donation from Mrs. Evelyn L. Mich. E-13 "Authorize the City Manager to execute a contract with Lodi-Tokay Rotary Club for the 5m Annual Celebrate Lodi Kids' Night Out to be held on December 31, 2003 ($18,000),.) was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar: E-14 Adopted Resolution No. 2003-204 authorizing the City Manager to execute the Direct Payment Program Agreement ,with the State of California Department of Community Services and Development for the term of July 1, 2003 through June 30, 2006. E-15 Authorized funds in the amount of $1,500 from the Protocol Account and directed the City Clerk tri coordinate the Annual City Employee Appreciation/Holiday Reception. ACTIQN ON ITE.M.REMQVED FROM TIME CONSENT CALENDAR E-13 "Authorize the City Manager. to execute a contract with Lodi-Tokay Rotary Club for the 5'" Annual Celebrate Lodi Kids" Night Out to be held on December 31, 2008 ($18,000)" Richard<.Jones, President of the Lodi-Tokay Rotary Club, reported that the club has coordinated the Kids' Night Out 'event 'for the past five years. Hundreds of youth and families participate each year for ars evening of festivities, games, and fireworks. Steve Whyte, member of the Lodi-Tokay Rotary Club, recalled that the event was first initiated by the Mayor's Year 2000 Committee, There were 5;300 participants in 1999 and it has grown each year. This year's free event will be held on December 31 from 4:00 to 8:30 p.m. at School and Ririe Streets. Fireworks will be discharged from the top of the parking structure. 3 Continued November 5, 2003 MOTION / VC7�:. The City Council, on motion of Council Member Hansen; Land second, unanimous! r authorized the City M. nager to execute a contract with Lodi-Tokay Rotary Club for the Annual Celeb rate Lodi Kids' Night Out to be hold on December 31, 2003, in the amount of $18,000. P. GOMMNT BY HB P.EJBLIC ON NON-AGINDA ITBMS Virginia Lahr stated that she invested over $5,000 and four years into developing a home dayeare business. She had six full-time and tWo part-time children, but recently dropped to two full-tim children and one part-time, due to parent's safety concerns. She voiced the following complaints: ➢ A group of teenagers were seen traveling down the street hitting windows on cars; Between 3:00 to 130 p.m.,, she had her daycare children outside riding bicycles and she saw gang members at Washington and Elm Streets firing weapons in a westerly direction while looking east; ➢ At 3:45 p.m., she witnessed a dark green Plymouth Voyager stop in front of her home and 1 oto 15 too nagers armed with baseball bats exited the. vehicle; Speeding occurs on Elm Street; and A Hale Park is not. being cleaned sufficiently, the sandbox is full of weeds, and on three mornings she saw people sleeping there. Ms. Lahr stated.that there are more than 400 documented gang members in Lodi and asked if there are any full-time Police Officers assigned to address this problem. Mayor Hitchcock stated that Ms. Lahr's concerns would be referred to the appropriate departments for response. Council Member Hansen stated that. Ms. Lahr left frim a voice mail message regarding this issue and he referred it to Police Chief Adams. He later followed up on the matter and was tend that a Polio Officer spoke to Ms. Lahr, the Police Department now. has a stronger presence in the area, and the gancg unit is aware of the problem.Mr. Hansen noted that he also received information from a citizen who was concerned about gang activity at the theater. Ms. Lahr acknowledged that she spoke with Detective Scott Powell; however, she did not notice any more pollee presence than usual. She commented that the house at 318 E. Elm Street is overpopulated and has trailers in the backyard that are being occupied. She stated that Community Development is aware of the matter and is attempting to correct it. Bob Asklof stated that he had been involved with the Boosters of Boys and Girls Sports (CABS) since 1981 and has served as coach, referee, and administrator. In addition, he is the Commissioner and serves on the Board of Directors forthe District 3 California Youth Soccer Association, which includes nine counties in the Central Valley and foothills and has 26 660 .players, He stated that the fees in Lodi are 50% lower than rather areas and attributed this to the work of the SQBS organization. He estimated that BOBS is saving taxpayers $200,000 to $300,000 a year, due to its volunteer and fundralsing efforts. ® Toni Jump stated that she has been involved with BOBS for the past nine years as a parent and coach. She supported the organization and believed it makes a significant contribution to the community with its volunteer hours and fundraising. Karen Hutz-DeJong stated that she served. for five years as a BOBS board member. She voiced support fol: the organization and her husband, Blaine DeJong, BOBS President. She read the following statement, which she believed was a definition of a BOBS Board Member: "Osie Who serves with his or her own free will. One who gives help; does a service, or takes an obligation or deed without pay. In the process they give up their family time in order to serve the youth without asking anything in return." Ms. Hutt-DeJt ng noted that she provided Council with a packet ofinformation (filed). She recalled that former Paries and Recreation Director Ron Williamson said that there was not another organization in the United States like 4 Continued Noventher S, 2003 BOBS, who keeps fees down, raises money, and has scholarships for youth who could not otherwise afford to participate in sports programs. She stated that the City cannot afford to lose BOBS or control it and asked who would oversee the youth sports programs in Lodi without it. G. POLIC�f G-1 Notice thereof having'k pen 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 Reimbursement 'Agreement l+A-03--02 establishing an Area of Benefit and reimbursable costs for public improvements for Tienda Place, Unit No. 1, Tract No. 3141. Wally Sandelin, City Engineer, explained that the public hearing is for the purpose of considering the reimbursement agreement and establishing an area.of benefit for Tienda Mace Unit 1 that would address reimbursable costs for public. improvements constructed under the agreement far that subdivision. The project is located south and west of the Woodbridge Irrigation District canal and north of Kettleman Lane. The improvements constructed generally lie.on the west side of Lakeshore Boulevard. The developer has requested this reimbursement agreement. The property owner has been notified and submitted a letter accepting the proposal. Hearing Opened to the Public None. Public Portion of Hearina Close MOIIQN / LQTE. The City Council, on motion of Council.Member Land, Beckman second, unanimously adopted Resolution No. 2003-206 establishing an Area of Benefit and reimbursable costs for Tienda place, Unit No. 1; Tract No. 3141 public improvements. 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 consider Reimbursement. Agreement RA -03-03 establishing an Area. of Benefit and reimbursable costs for public improvements for 1316 Tienda Drive (APN 031-040.39), a portion of the former parcel known as 1311 West Kettleman Lane. Wally Sandelin, City lEngineer, reported that 1811 West Kettleman Lane was divided to create a new home site. As a coridition of that parcel map, water and storm drainage improvements were. required to be installed to serve1811 and 1633 Wast Kettleman Lane. In conjunction with the City's gap closure project; a sever main was constructed at the properties, because: in the course of Widening Kettleman Lane their leach fields had boon removed. The funding for the Kettleman Lane gap closure paid for the sewer service to the two affected parcels. The applicant and the resident of 1816 Tienda Drive has . requested that Council establish the reimbursement agreement and benefit zone to recapture the benefit of the improvements constructed in the form of water and storm drainage improvernents to the two parcels on Vilest Kettleman Lane. Hearing Opened to the Public None. Public Portion of Mearin Closed MC7TION ! VCiT�: The City Council, ori motion of Council Member Land, Beckman second, unanimously adopted Resolution No. 2003-206 establishing: an Area. of Benefit and reimbursable costs for the improvements at 1316 Tienda Drive (APN 031-040-39), a portion of the former parcel known as 1811 West Kettleman Lane. Continued Napember 5, 2003 RECESS At 3:17 p.m., Mayor Hitchcock called for a recess, and the City Council meeting reconvened at 8:26 p.m. G PUBLIC HEAR vg C ntinu d G-3 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 hearingto consider Resolution/Order to Vacate Neuharth [rive and the south 330 feet of Ack.erman Drive. Deputy City Manager. Keeter noted that .Council received a number of "blue sheets„ on this item, one of which is. an addendum to the staff report (all filed). Public Warks Director Prima reported that Cottage, Bakery has requested the abandonment of Neuharth drive in order to provide security for its industrial facility. It wishesto close a portion of the street and construct a 'cul -de -sec. Motivation' for its request is due to heightened security following the events of 9-11 and increased scrutiny by the federal government and its'customers. The Planning Commission function related to this request was to consider general plan implications. The Commission found that the abandonment was acceptable. Mr, Prima; reported the following traffic volume' statistics: 11,400 on Stockton Street near Kettloman Lane; 4,000 on Almond Drive; 2000 on Neuharth Drive (estimate 1,350 with. proposed changes); and 1,000 on Maxwell Street (estimate 1,700 with proposed changes). Mr. Prima explained that level of service calculations are graded A to E. The City aims for a C to D level for intersections and roadways. The area in question currently calculates at a good level C, and with tyle proposed changes, would move dowel to an average C level. There's an average delay per vehicle of 15 to 25 seconds on the side street. Mr. Prima stated that all the utilities that are within the old street would remain as pubic utilities with the exception of streetlights, fire Hydrants, and catch basins, which 'world revert to maintenance and ownership by the property owner, Mr. Prima anticipated having an operating agreement to ensure they are maintained. He reviewed the following conditions of approval: 1. Prepare public improvement plans for a new industrial cul-de-sac at the south end of Ackerman Drive and conversion of the Neuharth [give street entrance to a private driveway; 2. Execute Public Improvement Agreement with the City, provide surety and insurance for the improvements, and pay all applicable fees prior to the start of construction of public improvements; 3. Execute maintenance and operations agreement with the City including provisions for: a) separation of privets facilities f ern public utilities b) fencing and operation of Ackerman Chive cul-de-sac access for backuplemergency use only; and. c) location and operation of Stockton Street/Neuharth Drive private entrance to prevent queuing of vehicles onto Stockton Street; and 4. Merge existing parcels into a single parcel, retain all necessary public utility easements, and provide new public utility easements as required by all public utilities Mr. Prima explained that condition number four was added in the event Cottage Bakery elects to so)) off pari of the property, subdivide, move, etc. It would then have to go through: the development. process, and the City would gain the opportunity to have the developer restore this street and perhaps reconfigure it. Mr. Prima reviewed pertinent sections of the California Streets and Highways Code. Continued November S, 2003 In reply to .Mayor Hitchcock, .City Attorney Hays explained that there is a difference between thisnoticed abandonrr ei t and the summary abandonment proceedings. The noticed abandonment provides greater opportunity for flexibipity. Mayor Hitchcock questioned whether traffic mitigation would be needed at Maxwell and Stockton Streets. Mr. Prima did not believe traffic mitigation world be. necessary. He expected that Stockton Street would go to 35 mph on its own accord due to development in the area. He explained that stopping 10,000 to 14,000 cars a day in order to lot I jo.0 3 to 2,000 cars out of a side street is inappropriate frorn a traffic engineering standpoint, as it would increase delays, air pollution, and noise. He noted that a traffic signal at; Almond Drive would benefit more drivers and provide gaps in traffic for those. waiting to exit at Maxwell Street. Staff its considering major reconstruction of Stockton Street between Kettleman and Harney Lanes in 2005-06 or 2006-07. Mr. Prima stated that if Council approves the abandonment request, staff plans to move the center line of Maxwell Street to create a loft -turn lane and a right -tura lane in an attempt to reduce the amount of queuing and delay. Mayor Hitchcock asked whether the applicant would pay for these street improvements, as she did not believe there should be a cost to taxpayers to make accommodations to a private party. Mr. Prima replied that the cost of. striping left -turn lanes isminor and staff had planned.on doing it at some point 'regardless of the request under consideration tonight; consequently, no reimbursement would be sought Cottage Bakery. In response to questions posed by Council Member Hansen, Mr. Prima stated that staff projects treat there will be leas traffic on Maxwell` Street after the proposed changes that; there1s now on Neuharth Drive:. He noted that there have been no complaints about haw Neuharth Drive currently functions. He clarified that the traffic count included the trucks from Cottage Bakery. Once the proposed changes take place, all the trucks from Cottage Bakery will use the Neuharth private driveway. Hearing Qpened to the Public Terry Knutson, representing Cottage Bakery, expressed concern for the safety of the bakery products, employees, their property, And the. public. The proposal is necessary to bring the facility into compliance with mandated security requirements aria to retain or add customers. He recalled that Cottage Bakery began operations on Neuharth ©rive in 1986 with 37,000 square feet and eight employees. Expansions to the facility took place in 1996, 1996; 2000; 2001, 2003; and plans are underway for 2005. Currently there are 16 acres on bath sides of Neuharth and Ackerman Drives, and the plant is now 378,000 square feet and operates 24 hours a day with just under 40 employees. He hipped to add another 190,000 square feet and 200 employees. Since Cottage Bakery acquired the Wallace building across the street, there has been a tremendous amount of forklift traffic across the south end of Ackerman Drive. He believed that the proposed changes would reduce the amount of traffic on Maxwell Street, Council Member Land stated that he had beard concerns from adjacent businesSes regarding the need for a second route out of the area in case. of emergency or if the intersection of Stockton and Maxwell Streets were closed temporarily. Mr. Knutson replied that he plans to have a gate, which he would open on a temporary basis if necessary. in addition, he would have an emergency preparedness plan, and the Fire Department would have keys to the gate. Continued November S, 2003 Mayor Hitchcock pointed out that there might be cumulative impacts in the feature related to this . proposel ono asked Mr. Knutson if he would be willing tomake ;a financial investment, e.g. pay for a stop light at Almond Drive it traffic rhitigatiohs were needed. Mr: Knutson responded that he would be willing to consider reasonable traffic mitigation costs if deemed necessary. He reiterated, however, that he did not believe the proposed changes would result in a significant impact to Maxwell Street '. He noted that hewould be building a'cul-de�sac at a cost. of approximately $50,000 and taking over maintenance of the street, fire hydrants, etc., which could be expensive. Mayor Pro Tempore Howard disagreed with the suggestion that Cottage Bakery pay for any upgrades, maintenance, or modifications to Stockton Street and believed that this should be the responsibility of the City. Council Member Hanson recommended that the City seriously consider a traffic light at Stockton Street and Almond Drive. Mr. Prima suggested that decisions regarding a traffic light wait until the KB Horne development is completed. He stated that staff Will likely need to update the speed survey at that time because conditions will havo changed significantly enough to warrant it. Kevin Van Dewark, Director of Quality Assurance for Cottage Bakery, emphasized that fond safety and bio se.curity has become increasingly regulated. Stringent customer requirements must be met such as having tamper-resistant containers and flour silos that are inaccessible to the public. He referenced a packet of matedal submitted to Council (filed), in which under tab 10, page 2, a copy of a letter from Jack In the Box highlights. some of the requirements that. customers are now demanding. Mr. Vara Dewark explained that by limiting access to the rr►anufacturil g facility through: a single entry point, it effectively manages the requirements. Only documented trucks with intact seals and individuals with current ID badges would b.e admitted into the facility. Paul Welk representing Lodi Tent and Awning Company. believed that once the new subdivision opens on Stockton Street between Almond Drive and Kettleman Lane, it would greatly increase the traffic level and exiting Maxwell Street will become even more difficult particularly during sports season at SalasPark. He expressed concern for having only one exit Out of the area and questioned how long it alight be closed if there were a cherrmical spill or accident near the intersection of Maxwell andStockton Streets, or impacts of a train derailment on the tracks behind the property. He stated that there are nine property owners on Maxwell Street and Ackerman Drive and eight are apposed to this request. He referenced petitions signed by 60 employees of businesses in the area who are opposed to the closure of Neuharth Drive (filed). He pointed out that George Kishida Trucking has 60 trucks and if four were lined lap, at 65 feet each, they would reach nearly to the corner. He also noted that trucks cannot accelerate from a stop like cars, which makes exiting Maxwell Street in heavy traffic ever more difficult. Kevin Welk expressed safety concerns and stated that it would cripple business if entrance and exit from the area is hampered. John DeVriendt, Production Manager fear Cottage Bakery, stated. that many of the 40.0 employees and their 200 vehicles currently exit out of Maxwell Street The proposed changes will farce theist to exit at Neuharth Drive. For this reason he believed there would be little, if any, increase in traffic on Maxwell Street. Bart Spence, Director of Human Resources for CottageBakery, reported that the facility produces and. distributes over 800 million bakery products a year. A terrorist could consider the facility a viable vehicle for contamination. Currently the bakery has two large silos containing over 1,240 pounds of flour that are locked but not guarded. Continued November 5, 2003 He referenced various aspects of the US. Food and Drug Administration, Guidance for Industry, Food :Producers, Processors; and Transporters: Food Security Preventive Measures (filed). He stated that by acquiring the portion of Ackerman and Neuharth Drives, Cottage Bakery will be Able to provide security for its product, employees, and neighbors. Gilbert Vanover, representing Space Business Farms and Imaging, stated that he has 13 employees and three to five semi trucks, as well as other various size trucks that need to come in and out of the area. He estimated that half of his employees have been exiting Neuharth Car€ve because they are afraid to exit at Maxwell Street. He stated that there is inadequate parking in the area now and if the proposed changes are approved it will worsen the situation. Brian Welk stated that every business on Mounce Street has a thoroughfare out to Victor Road. He went to the area: during his lunch hour and counted 23 cars in a ten- minute period. On Maxwell Street, he counted 145 vehicles in. a. tan-rninute period. He believed the reasonmore people exit at Neuharth Drive is because the visibility is much better than at Maxwell Street_ He estimated that four Kishida trucks exit each day at Neuharth Drive, which will all be diverted to Maxwell Street if the proposed Changes are approved.. He disagreed with the traffic count and projections given by staff, He believed that the main purpose for the request is to allow Cottage Bakery to runt forklifts back and forth across the street. He was opposed to current and future businesses in the area being inconvenienced and stated that the businesses were put in place with the intention of having two functional streets to work out of and it should remain that way. In answer to Council Member Hanson, Paula Fernandez, Senior Traffic Engineer, reported that north of Stockton Street there is a driveway with 4 feet of red curb. The area just north of the intersection of Stockton and Maxwell Streets is near the driveway, so vehicles do not park there. Brian Welk noted that another reason it is easier to exit at Neuharth ©rive is because by the time the traffic comes from Harney or Kettleman Lanes the vehicles are spaced out, whereas, at Maxwell Street they aro still close together. He suggested that if there were no right turn allowed On Kettle'rnan to Stockton Street and Hartley Lane to Stockton Street it might divert traffic slightly. Kem Kishida, representing George Kishida, Inc., explained that employees use Neuharth .Drive `because cors are parked all Tong Maxwell Street and it is vary difficult for a semi truck to maneuver in that area. She stated that they have scheduled delivery and load times and if Maxwell Street were closed for any reason it would be a detriment to the business. Hon Markle asserted that Council should not be abandoning a public street used by thousands of veh€ales daily in order to turn the property over to. a private company without first demonstrating that the aband.o.nmer t is in the public interest and that there is significant benefit to the community, exceeding the injury to the other businesses and the inconvenience of the public in not being able to use the street any longer. 'The street has been used as. a public street and dedicated for public use and convenience for 20 to 30 years. He stated that the street is more necessary today than when it was built 30 years ago. The property and Business owners along Maxwell Street and Ackerman Drive have an interest in the continued and unrestricted ingress and egress to their properties. When these lot owners acquired their properties they paid for the advantage of the street dedicated for use as a means of ingress and egress from Stockton Street. Creating a dead end street on Ackerman Drive will inconvenience the businesses on Maxwell Street and Ackerman Drive, as well as the general public. ale. believed that the convenience of the general public would best be served If the street remained in its present state. The abandonment of the street will clearly benefit Cottage Bakery. He pointed out that none of the background information, staff reports, or resolution address why the Continued November 5, 2003 abandonment is in the best 'interest .of the community. He believed that Cottage Bakery could meet its safety'requirements without having to close the street. He emphasized that the proposal is not supported by a majority of the impacted property owners. Wiley Wehba. of Cottage Bakery reported that some employees have had their cars stolen, broken into, and damaged. Thousands of dollars of items have been stolen fromtheir lot, graffiti has been placed on their property, and individuals gaining access to the rear of the facility have turned off critical process machines. The:south and west property. lines have a ten -foot block wall with razor wire. The north property lineup fo Ackerman Drive has a ten -foot cyclone tence with razor wire. He suggested that to improve visibility a left -turn lane should be placed on Maxwell Street, and Stockton Street parking should be reduced on both sides of Maxwell Street. Phil Pennino, speaking on behalf of Mr. Knutson and the employees of Cottage Bakery, pointed out the advantage to all residents and businesses in allowing City staff to move forward on improvements to Maxwell and Stockton Streets that otherwise would not have been done until 2005-06. In addition, there would no. longer be trucks and vehicles illegally parked on Ackertan Drive. He reiterated that the gate at Neuharth Drive could be used by others on ars emergency basis: He stated that he spoke with every business in the area and acknowledged that they did express concerns about. the intersection of Maxwell and Stockton Streets. One business owner informed him that one of his employees signed the petition in opposition to the proposal; however, the business owner was not opposed. Mr. Pennino submitted a petition signed by 1W Cottage Bakeryemployees in support of the proposal (filed). He outlined the advantages of approving the request: 1) creating more jobs in the community; unity; 2) providing an opportunity to improve road safety, 3) accelerating improvements to Maxwell and Stockton Streets; and 4) improving public safety and the potential of terrorism. In answer to Council Member Hansen, Charles Farrell of F&H Construction stated that they are the designers of the Cottage Bakery expansion and have taken into consideration the parking requirements that would be needed for the 200 additional employees. He stated that there are 67 more parking spaces than are required. • Christian Weisz, representing Cen-Cal Fire Systems, voiced opposition to the proposal. • Befty.Susarow encouraged Council Members to try to exit Maxwell Street at 5:00 p.m. Ms: susarow stated that she has worked in the area for 23 years and has always exited at Neuharth Drive in the evenings. • Gary Markle_ encouraged Council to consider this matter carefully and not be hasty in its decision. • Kevin Knutson spoke in support of the proposal and expressed hope that a "vain, win" situation could be found to accommodate everyone concerned. Public Portion of Hearing Closed Council Member Land recommended that all interested parties meet and corm to a resolution that they all can agree on and come back to Council. He stated that he was willing to support the proposal, but also wanted to address the concerns of the other businesses. He wanted to ensure that Maxwell Street was redesigned because he believed there were current traffic problems in that area. In reply to Council Member Hansen, Mr. Prima suggested that the best thing to do to improve visibility on Maxwell Street would be to remove quite.e bit of the parking on both sides of the street and make a wider entry laCe, so that vehicles turning right have freer movement and also to allow for a left turning car riot to block someone turning right. He stated that staff has committed to stripe the left -turn lanes. 10 Continued November S, 2003 Council Member Beekman commented that California has become very anti -business. He voiced support for accommodating the business owner in expanding and making his production Brie mora secure in an effort to show that Lodi is pro-business: He believed that the City's traffle engineering personnel could make Maxwell street safer. MOTIQN #1: The City Council, on motion of Mayor Pro Tempore Howard, Beckman second, adapted Resolution No. 2003-207 vacating Neuharth Drive anis the south 300 feet of Ackerman Drive with the conditions set forth belo. w and authorizing the City Manager to execute agreements required to Implement this abandonment, and further requested that representatives of Cottage Bakery, Inc., collaborate with adjacent property owners and the Public Works Department to develop language for an agreement to allow reasonable passage during times of an emergency: 1. Prepare public improvement plans for a new industrial cul de sac at the south end of Ackerman Delve and conversion of the Neuharth Drive street entrance to a private driveway, all per Gity standards. 2. Execute Public Improvement Agreement with the City, provide surety and insurance for the improvements, and pay all applicable fees prior to the start of construction of public improvements 3. Execute maintenance and operations agreement with the City including provisions for: separation of private facilities from public utilities with the approval of the Public Works Director; fencingand operation of Ackerman Drive cul-de-sac access for backup/emergency use only; and * location and operation Of Stockton Stre.et/Neuharth [give private entrance to prevent queuing of vehicles onto Stockton Street. 4. Merge existing parcels into a single parcel, retain all necessary public utility easements, and provide new public utility easements as required by all public utilities. DISCUaSION: Mayor Hitchcock stated that she would not be supporting the motion because she sees great beriefitto Mr. Knutson, at a detriment to the surrounding neighbors. In addition, she did not want taxpayers to shoulder the financial burden for the street improvements that would be necessary. She did not believed that that striping car a left -turn lane would sufficiently handle theproblem. Ms. Hitchcock could .not understand how Council could possibly declare that there was no public need or necessity in the area to be abandoned Council Member Hansen painted out that staff has informed Council that there is no need for a traffic signal at this time, There are very similar intersections. in other areas of the citywith similar volumes of traffic that donot have a signal. He wanted to erasure that Mr. Prima had . clear direction to consider every possible way to improve visibility at the intersection of Maxwell and Stockton Streets. He agreed with Council Member Beckman that food product safety and security is of great concern. Council Member Land agreed that mitigation measures need to occur at the Maxwell Street Intersection. He was opposed to the suggestion that the owner of Cottage Bakery pay for the street mitigation efforts because he believed that the problem exists today. VOTE: The motion carried by the fallowing vote: Ayes: Council Members - Beckman, Hansen, Howard, and Land Noes: Council Members — Mayor Hitchcock Absent. Council Merribers -T Bone 11 Continued November S, 2003 Mayor Hitchcock asked counsel if the businesses would have the ability to consider this action as a taking:and be able to come after the City for reducing their ability to do business the way it is currently provided. In explanation, City Attorney Hays read the fallowing from a similar case, "Since the process of determination of public interest in vacating streets does not involve legally required hearings, at which evidence must be taken and discretion exercises' in determining facts, the process is of legislative rather than adjudicatory character. fence, judicial review is limited to examination of proceeding to determine. whether action is arbitrary, cad ricidus, or entirely lac In evidentiary support or iiJiettter them has been failure to follow procedure or give notice" Mt. Hays stated that given Council's discretion in this matter, it is improbable that this could be elevated to a level of a taking. MOTION::#;:2 f VOTE: The City Council, on motion of Council Member Land, Howard second, unanimously directed staff to bring tack to Council (prior to the closure of Neuharth Drive) recommendations for improving the ingress and egress of Maxwell Street onto Stockton Street. VOTE TO NTiNUE:W]TH THE REMAINDER OF THE MEETING Mayor Pro Tempore Howard made a motion, Land second, to continue after the 11:00 p.m. hour and to consider only Item 1-6. The motion failed by the following vote (415 vote of the City Council is requiredj. Ayes. Council Members — Beckman, Howard, and Land Noes. Council Members- Hansen and Mayor Hitchcock Absent: Council Members -- None Mayor Hitchcock withdrew her no vote, which changed the vote to the fallowing: Ayes: Council Members — Beckerman, Howard, Land, and Mayor Hitchcock Noes: Counc'iI Mertibers — Hansen Absent: Council Members — None Mayor Hitchcock, Council Member Hansen, and Deputy City Manager Keeter,encouraged Council to consider the remainder of the items on the calendar due to time sensitivities. Further, Mayor Pro Tempore Howard withdrew her original motion and rade a new motion, Mayor Hitohcack second, to continue with the remainder of the meeting following the 11:00 p.m. hour. The motion carried by the following vete: Ayes: Council Members - Hansen, Land, Howard, and Mayor Hitchcock Does: Council Members — Beckman Absent: Council Members -- None H. CaMfVli3N1GATiC3N5 H-1 Glaring filed a "ainst the Citv of. Lodi — mane H-2 Re orts: Boards/CommissionslTask Force /Committees — gone H-3 The followigg'postings/appointments were made: a) The City Council, on motion of Council Member Hansen, Hitchcock second, unanimously directed the City Clerk to post for the following expiring term. Lodi Senior Citi ens Commission Terri Whitmire Term to expire December 31, 2003 H-4 Miscellaneous — None 12 Continued Novernber 5, 2003 RECULAR:2A ENDAR 1-1 "State Budget update„ Deputy City Manager Keeter stated that there were no updates available on the state budget. MOTION/ VOTE:. Where was no Council action necessary on this matter, 1-2 "Adopt resolution authorizing the City Manager to allocate a Public Benefits Program grant to fund the Nodi Hams Electronics Debate Program ($30)000)" Rob Lechner, Manager of Customer Service and Programs, stated that the Lodi glome Electronics: Rebate Program would provide Lodi Electric Utility customers with a rebate when a designated and approved Energy Star rated harm electronicsproduct was purchased in Lodi between November.8, 2003 and December 24, 2003. The product must be purchased at one of the participating Lodi retailers and the customer must be current on their Electric Utility account in order to qualify. The Energy Star rated home electronics products include: televisions, CD recorders and burners; cordless telephones, compact stereo systerns, computers, television combination units, printers, scanners, copiers, and DVD players. The rebates will be provided in the form of a credit on customers utility accounts; one per customer service address. Rebate amounts will vary depending upon the total equipment purchase price. MOTION / VOTE: The City Council, on motion of Council Member Hansen,. Beckman second, unanimously adopted Resolution No. 2003-208 authorizing the City Manager to allocate a Public Benefits Program grant to fund the Lodi Home Electronics Rebate Program in the amount of $30,000. 1-3 "Adopt resolution authorizing the replacement. purchase of the Electric Utility voice recording system and appropriate funding ($17,950)" Deputy City Manager Keeter stated that Electric Utility has equipment that needs to be replaced and they recommend the Freedom Systeri by Dictaphone. Funding will be deducted from capital reserve. MOTION ! !-gTE The City Council, on motion of Council Member Hansen, Beckman second, unanimously adopted Resolution No. 2€03-209 authorizing the replacement purchase of the Electric Utility voice recording system in the amount of $17,950 and appropriated funding' in accordance with staff recommendation. 1-4 "Adopt.. resolution approving. the reallocation of Electrical Engineer (vacant position) to Senior Power Engineer along with the new job specification And salary range' Deputy City Manager Keeter explained that this is not a net new additional position; it is a reallocation, due to a reorganization within the department. MU�1QRl f VOTE: The City Council, can motion of Council Member Hansen, Beckman second, unanimously adopted Resolution No. 2003-210 approving the reallocation of. 'Electrical Engineer (vacant position) to Senlor Poorer Engineer along with the now job pecification and the following salary range: Ste :A Ste B Ste C Ste Q Ste E $67582.00 $011.00 $7,256.00 $7,619.00 $8,000.00 13 Continued November S, 20.03 1-5 "Adopt resolution authorizing the City Manager to execute a new contract between Cottage Bakery aril the ity'of Lodi that will transition this customer to a standard rate over a three-year period" Rob Lochner, Manager of Customer Service and Programs, reported.that this contract is similar to the other fur that were brought to Council previously and ultimately all five will be transitioned to the 1-1 nate. Five weeks ago, Cottage Bakery vias at 4.50 cents a kilowatt-hour and it has been raised to 5.02 cents. MOTIO. N1. VOTE: The City Council; on motion of Council Mesmer Land, Beckman second, unanimously adopted lReso ution No. 2013-21 t authorizing the City Manager to execute a new contract between Cottage Bakery and the City of Lodi that will transition this customer to a standard rate over a throe -year period. 1-6 "Discuss options regarding the operation of the Skate Park at Kofu Park and provide staff direction" Parks and Recreation Director Goehring recalled. that discussion regarding the Skate Park took place at the June 24 Shirtsleeve Session. At that meeting representatives from Spohn Ranch requested a subsidy from the City that would enable them to continue their management of the Lodi Skate Park. Other skate parks in the surrounding area were providing free adr.nission, which resulted in a decline in attendance at Lodi Skate Park. Council had directed staff to take Spohn Ranch's proposal, and future of the park, to the Parks and Recreation Commission. On October 7 tele Parks and Ri creation' Commission voted to terminate the existing contract with Spohn Ranch, but made no recommendation relative to the continued operation of the park. Michael Reese, Recreation Supervisor, presented the hollowing options for Council's consideration: tion 1 Amend. the contract with Spohn Ranch, providing a $59,800 subsidy and continuing with freeadmission to the site. Staff expectsimprovement in the marketing of the facility. The City received $3,000 in revenue from the Skate Baric last year. Maintenance and repair of the City -owned equipment would be done by the employees of Spohn Ranch. Under this option insurance and liability would remain the responsibility of Spohn Ranch. Option a. Terminate the contract and put the skate park operation chit to bid. Mr. Reese reported that someone from the local core munity had expressed an interest in operating the park.. The subsidy amount under this option is unknown. The company operating the facility would provide the City with liability insurance. 012tign Terminate -.the contract and operate .the skate park with City state, which would require funding from the general fund of an estimated $75,600. Ql tion 4 Open the Lodi Skate Park to free and unsupervised skating; however, Mr. Reese stated that staff's recommendation is that it remain a supervised skate park. Council Member Land diet not understand why the City is so reluctant to have an unsupervised park asother surrounding communities have done. As an alternative to the site, he noted that there is a need for more basketball courts. In reply to Council Member Land, Mr. Reese reported that there are free unsupervised skate parks in Gait; Manteca, Tracy, Ripon, and Modesto. Stockton has varied its park operation. Most of these cities are in a joint powers insurance group. 14 Continued November 5, 2003 City Attorney Hays explainedthat legislationfor unsupervised parks only provides protection for certain age groups and coverage if the accident` occurs when the participant is doing certain types of designated acts. The City would have to pay the first $500,000 per incident. In response to Mayor Hitchcock, Mr. Reese.reported that in a letter Eric Lee of Spohn Manch wrote .to the City Manager and Coun.oll in .lune, he stated that they would be unable to continue operation of the park without a subsidy. PUBLIC COMMENTS: 0 Eric Lee, Operations Manager for Spohn Ranch, stated that most joint powers insurance groups Would nkat cover a skate park with ramps over five feet high. He explained that'the park has not been a success because they were denied permits to nave special events, were not allowed to have PA systems, and had difficulties with surrounding residents. He reported that Spohn Ranch has lost an additional $11,000 since they have been offering free admission and they have contr iauted $25,000 worth of maintenance to the park since it has been in operation. `here have been 5,160 participants since Mardi when free admission began. There are over 4,700 registered users of the park. He warned that if it were changed to an unsupervised park, 8.MX would not be allowed. There has only been one minor injury at the park since it opened, He stated that the subsidy would allow Spohn Ranch to expend more effort toward marketing the facility. They would Eike to start a Rolling Sports Education Program where representatives would provide physical education seminars to area school students. In addition, he. hoped to get ►evolved in field trips and outreach to community groups. He noted that Spohn Ranch carries $5 million in insurance protection at no cost to the City. Council Member Land expressed disappointment with the current situation and did not believe that Spohn Ranch put sufficient effort into obtaining sponsorships, Mr. Lee acknowledged that no sponsors were obtained;. however, he attributed it to the fact that the contract slid not allow them to offer sponsors anything', e.g. signage and special events that draw crowds. Council Member..Beckrnan asked why. the Parks and Recreation Commission wanted to terminate the contract With Spohn Ranch and what its recommendations were for the future of the park. Mr. Goehring explained that the Commission had not been involved in the original decision to build the skate park facility at 1<ofu Park, and for this reason it chid not make any recommendations regardingthe future operation of the park, He noted that option three did not include mainter anee and repair costs 01. of the equipment, ch when added in, would show.that it would cost more for the City. to operate the park than Spohn Manch. Additionally, the City currently does not have staff to maintain the park, nor the expertise to repair the equipment, so it would probably have to be contracted out. Mayor Hitchcock.agreed with the Parks and Recreation Commission that the contract with Spohn Ranch be terminated. She felt that there was a "disconnecf' between Spohn Ranch and the City. She recommended that the park be free and unsupervised, as other cities have done. Mr. Goehring indicated that when the contract was originally entered. into, Parks and Recreation staff were instructed not to go out. of their way to help. Spohn Ranch make the park successful. Mr. Goehring stated that .he does not share that attitude and offered to help promote and market the skate park. Mayor Pro Tempore Howard stated that she was not in favor of the City taking .over the `operation aril maintenance of the skate park, nor of converting it to basketball 15 Continued November S, 2003 courts. She voiced support for trying to preserve the skate park in Lodi and continuing to contract with Spohn Ranch for its operation. She felt there needed to be a lot of support from the Council in allowing appropriate advertising and events to be held. She believed this could be accomplished by also being respectful to the surrounding community and keeping therm informed about events that are planned to be held, and ensuring there .is crown control, supervision, etc. She recognized the support given byDennis Dunnington and Dave Vaccarezza toward the skate park project and reported that Mr. Dunnington re.centlybas been working on filing edges on some of the skate surfaces in an attempt to decrease the noise level. Site suggested that a loan with a commitment for repayment may be a better alternative than a subsidy. ® John Connelly complained that Council has ignored his complaints about the skate park noise In reference to Ms. Howard's report of work being done to decrease the sound level at. the park, he stated that it has not occurred, He stated that anyone living on the 1200 block of Sunset Drive cannot go:to bed until after 10.00 p.m. every Thursday, Friday, and Saturday night, due to the noise at the skate park. George Eatough, owner of Gravity Skate Shop, stated that he was a pro skater for seven years. He urged Council to keep the skate park open to allow a safe place for the youth in Lodi to go. ® Andrew .Kidd stated that he is employed at .the Lodi Skate Park. He reported that a new plate for one.. of the skate rarilp spines was received on Monday. It has been installed anis found to substantially decrease the sound of skate boards rolling over the surface: Council Member Hansen pointed out that the City subsidizes other sports programs that youth participate. in, and considering that there are now 645 youth members visiting the skate park on a monthly basis, the subsidy that Spohn Ranch is. requesting is comparable with other programs. in reply to questions .posed by Council Member Hansen, Mr. Lee stated that with the help of Mr. Cunnington's associates withmetal grinding and `plastic gipping businesses, staff of the skate park could remove, transport, and reinstall the plates. He lndigated that it was something they would like to do, as wei1 as other possible alternatives to decrease the noise level. He stated that special events would be held only on Saturdays and would end at 4.00 p.m. He anticipated having a special everit occur one time a month and they would face the speakers away from resident's domes. He stated" that if at the end of a year it appears the park. will not be successful, Spohn twitch would not burden the Council with another request for a subsidy. He hoped that through' sharing of revenues from the pro shop, at the end of the year, the subsidy amount would be greatly reduced. He reported that 80% of Spohn Ranch's overhead is employee cost. Mayor Hitchcock recalled that promises were made before, yet northing has changed. She cautioned against changing the items agreed to previously in the contract, which were made to protect the residents of the surrounding area. She was opposed to subsidizing a private business; particularly whom it Would be at a detrlrrii int to the neighborhood, She felt that the Parks and Recreation Commission should have made a recommendation regarding the Lodi Skate Park at Xofu Park. Council Member Land requested that Spohn Ranch submit a quarterly progress report and that the contract be written so that either party can get out of it within 30 days. Addressing the Mayor, Mr. Lee countered that it a public skate park and the subsidy is, in essence, to hire security and protect the City's assets. Supervision ensures that unsafe behavior does not occur, which could resul# in a lawsuit against the City. He reiterated that failure to date is due to the. Parks and Recreation Director denying event permits and threatening to revoke the contract because information flyers iricluded the name of Action Park Alliance, which is where the web site, live carrier a, and all information about the facility is located. 16 Continued November 5, 2003 Mayor Hitchcock preferred that tha City maintain an "arms length" distance if the contract is retained. Council Member Beekman was also opposed to subsidizing a private business, however, he stated that it appears pis though the Parks and Recreation Director's past actions were an impediment to the business succeeding. He voiced support for a one-year subsidy. M TIQN / VOTE. The City Council, on. motion of Council Member .Hansen, Beckman. second, authorized a one- y r contract effective Jar nary 1, OCt4 through December Oi , 2004; with Sohn Ranch, providing a $59,800subsidy, continuing with free admission to the skate park, and requesting that ouarterly.progress reports be provided to the City by Spohn Ranch. The motion carried by tie following vote: Ayes: Council Members Beckman, Hanson, Howard, and Land Nags: Council Members — Mayor Hitchcock Absent: Council Members — wane 1-7 "Direct City Manager regarding Finance Department office space and authorize the City Manacger to execute or reject necessary contracts and agreements" was pulled from ,the agenda pursuant to staffs request. 1-8 "Discussion regarding proposed audit (agreed-upon procedures) of Envision Law Group's billings by the City's Auditor" Council Member Hansen reported that he hard been working can this matter and has not yet completed his research Due to the late how he recommended that it be rescheduled to the next regularly scheduled City Council meeting. MC TI N 1 VOTE.' There was no Council action taken on this matter. 1-9 "Progress report of City Council Team Building Interviews" Council Member Land reported the he and Mr. Hansen have interviewed five potential candidates to facilitate City Council team` building sessions They have narrowed down the candidates to Bili Matte of Mathis and Associates who would charge between $8,000 to $6;000 and Dale Edwards of Century Assembly Church who wou.Id provide the service free of charge. Both candidates recommended that the City Maria or participate' in the tearnwbuilding sessions as well. Mr. Land noted that each. of the candidates has a different approach and he suggested that they be invited to the next regularly scheduled City Council meeting to provide a ten-minute presentation. Council. Member Hansen stated that the tearer -building sessions would take place over a two-day period, either two consecutive Saturdays, or Friday and Saturday. Mayor Hitchcock stated that the team consists of the Council and all three Council appointees and recommended that they also attend. MODONLYM There was no Council action taken on this matter. J. R INANCES — None None. 17 Continued November 5, .2003 K. COMMENTS BYITY CO NCIL MEMBEB .N NON-AGENDA.ITEIV = Council Member Land reported that at the last San Joaquin County Partnership meeting there was'a lengthy discussion on proposed mitigation fees for the county. The county is proposing a traffic Mitigation fee and a public facility fees If the fees are implemented they would add a 17% increase in fees for building a single-family residence and 21% for a multi -family residence.Still pending are additional flees for mitigating the loss of agricultural land and addressing air quality. Mr. land noted that if Lodi does not participate in these fees by the county they could amend the City's tax sharing contract. San Joaquin County Partnership has done a comparative analysis report on this matter, Mr. Land asked that this topic be placed on a future Shirtsleeve Session as soon as possible. Council Member Land stated that he and his wife recently took infant CPR classes and he encouraged others to do so as well. Council Member Land recalled that in the early 1990s during budget difficulties Council took a 10% pay cut to $450 a month. He suggested that tree same be done now and asked that. the matter be placed on the December 17 City Council agenda for discussion. He thanked employees who participated in the Voluntary Time Off urogram and asked DeputyCity Manager Keeter to relay his gratitude to employees. Mayor Pro Tempore Howard announced that the San Joaquin Council of Governments is now located at 555:East Weber Avenue in Stockton. Ms. Howard staffed that she welcomed 120 Tokay High Schoch students this morning who were participating in the Student Problem Identification Resolving It Together (SPIRIT) program, The. program takes place over a two- day period and participants will identify probiems and areas far improvement at Tokay High School,. determine resolutions and roake recommendations to the principal. Twenty five students will be.eleoted t4 a governing board and meet on a monthly basis with the principal to continue to work toward the goals. Council Member Hansen reported that yesterday he attended the Community Partnership meeting. Lodi is one of three Community Partnership sites that have coordinated county agencies and are working together to provide assistance to families. Mayor Hitchcock thanked Ms. H.ennecke's second grade class at..Reese Elementary School and Mrs. Hood's class and all of the third grade classes. at Washington Elementary School who sent her motes regarding a recent presentation she provided t. hem at the Carnegie Forum. She reminded citizens that a representative from Senator Poochigian's office would be at the Fororn tomorrow from 1:00 to 4:30 p.m. L. COMMENTS BY TH:E QITY MANAGED ON NON -AGENDA ITEMS None. M. ADJOURNMENT Thera bajng no further business toa.come before the City Council, the meeting was adjourned in memory of Police Partner Bill Chandler at 1,21 a.m., Thursday, November 6, 2001 ATTEST: Susan J. Dlackston City Clerk 18