HomeMy WebLinkAboutMinutes - January 7, 2004LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 7, 2004
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of January 7, 2004, was called to order by Mayor Hansen
at 5:34 p.m.
Present: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Actual litigation: Government Code §54956.9(a); one case; Silicon Energy Corp.. v. City of
Lodi et al., San Joaquin County Superior Court, Case No. CV016042
b) Conference with Human Resources Director concerning Vacation Accrual Cap Policy
regarding all bargaining units and unrepresented employees pursuant to Government Code
§54957.6
C) Conference with Labor Negotiator, Human Resources Director Joanne Narloch, regarding
Association of Lodi City Employees concerning Maintenance and Operators pursuant to
Government Code §54957.6
C-3 ADJOURN TO CLOSED SESSION
At 5:34 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:56 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:08 p.m., Mayor Hansen reconvened the City Council meeting, and City Attorney Hays
disclosed the following actions.
In regard to Item G2 (a), on a motion of 4-1 with Council Member Land dissenting, Council provided
settlement direction and authority to the City Attorney's Office.
In regard to Items G2 (b) and (c), Council provided direction to its negotiators relative to the City's
position to pursue.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of January 7, 2004, was called to order by Mayor Hansen at 7:08
p.m.
Present: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Richard Wheeler, Living Truth Christian Center.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hansen.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 Proclamations — None
Continued January 7, 2004
D-3 (a) Council Member Hitchcock announced that the Martin Luther King Unity Celebration,
coordinated by the Breakthrough Project, would be held on January 19 at Hutchins Street
Square. She noted that 2004 was the first year that City Hall would be closed in
recognition of Martin Luther King Day, which she stated is representative of Council's
appreciation of diversity in the community.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Hitchcock second, unanimously approved the following items hereinafter set
forth:
E-1 Claims were approved in the amount of $2,108,653.62.
E-2 The minutes of November 18, 2003 (Shirtsleeve Session), November 19, 2003 (Regular
Meeting), December 2, 2003 (Shirtsleeve Session), December 2, 2003 (Special Meeting),
December 9, 2003 (Shirtsleeve Session), December 9, 2003 (Special Meeting), December
15, 2003 (Special Meeting), December 23, 2003 (Shirtsleeve Session), December 30, 2003
(Shirtsleeve Session), and December 30, 2003 (Special Meeting) were approved as written.
E-3 Authorized the sale of scrap wire and metal during 2004.
E-4 Received report of the sale of surplus equipment.
E-5 Adopted Resolution No. 2004-01 approving the plans and specifications and authorizing
advertisement for bids for the Pine Street Sidewalk Replacement Project (north side of Pine
Street from School Street to the alley west of Sacramento Street) and authorizing the City
Manager to award or reject the contract up to $65,000; and appropriated funds.
E-6 Approved the donation of retired bleachers to the Lodi-Tokay Rotary Club.
E-7 Adopted Resolution No. 2004-02 awarding the contract for the Armory Park Ball Diamond
Renovation, 333 North Washington Street, to A.M. Stephens Construction, of Lodi, in the
amount of $58,346.70; and appropriated $63,500 in accordance with staff recommendation.
E-8 Adopted Resolution No. 2004-03 approving the addendum to the improvement agreement for
public improvements of Almondwood Estates, Tract No. 3273, directed the City Manager
and City Clerk to execute the addendum to the improvement agreement on behalf of the
City, and appropriated funds in the amount of $48,070.
E-9 Adopted Resolution No. 2004-04 approving the addendum to the improvement agreement for
the public improvements of Century Meadows Two, Unit No. 4, Tract No. 3272, directed the
City Manager and City Clerk to execute the addendum to the improvement agreement on
behalf of the City, and appropriated funds in the amount of $58,400 for the required
reimbursement.
E-10 Adopted Resolution No. 2004-05 approving the improvement agreement for public
improvements at 312 and 316 South Sacramento Street (APN 045-310-02 and
045-310-03), directed the City Manager and City Clerk to execute the Agreement on behalf
of the City, and appropriated funds in the amount of $29,000 for the applicable
reimbursements.
E-11 Adopted Resolution No. 2004-06 approving a rental agreement between the City of Lodi and
Richard and Teresa Mojica, dba Mojica's Batting Cages, for use of 125 E. Elm Street, Unit
D.
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Continued January 7, 2004
E-12 Adopted Resolution No. 2004-07 authorizing the City Manager to extend the consulting
services agreement with McDonald Partners, Inc., through June 2004 to provide bulk power
cost modeling and strategic services to the Electric Utility Department in the amount of
$70,000.
E-13 Adopted Resolution No. 2004-08 authorizing the City Manager to allocate a Public Benefits
Program Grant in the amount of $25,000 to Schaefer Systems International, Inc., for a
process cooling equipment demand-side management project.
E-14 Adopted Resolution No. 2004-09 approving Memorandum of Understanding between City of
Lodi and Lodi Police Mid -Management Organization.
E-15 Adopted Resolution No. 2004-10 amending Traffic Resolution 97-148 by approving the
conversion from Yield to Stop Controls at the following three intersections: Chestnut Street
at Pleasant Avenue, Chestnut Street at School Street, and Tamarack Drive at Lee Avenue.
E-16 Introduced Ordinance No. 1741 repealing and reenacting Lodi Municipal Code Chapter
12.06, Downtown Lodi Business Improvement Area No. 1, Section 12.06.090, "Collection of
Benefit Fee," and Chapter 3.01, Business Tax Certification, Section 3.01.460,
"Enforcement," relating to collection and enforcement of various fees.
E-17 Introduced Ordinance No. 1742 amending Title 9 — Public Peace, Morals, and Welfare,
Chapter 9.08, "Offenses Against Property," by repealing and reenacting Section 9.08.150 of
the Lodi Municipal Code relating to vehicles.
E-18 Set public hearing for January 21, 2004, to consider the reallocation of unobligated
Community Development Block Grant funds in the amount of $50,000 to the Salvation
Army.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
G. PUBLIC HEARINGS
None.
H. COMMUNICATIONS
H-1 On recommendation of the City's contract administrator, Insurance Consulting Associates,
Inc., and Human Resources staff, the City Council, on motion of Council Member Land,
Beckman second, unanimously rejected the following claim:
a) Charles Mauch, date of loss 6/24/03
H-2 Reports: Boards/Commissions/Task Forces/Committees — None
H-3 The following postings/appointments were made:
a) The City Council, on motion of Council Member Land, Beckman second,
unanimously adopted Resolution No. 2004-11 appointing the following four
additional members to the Community Separator / Greenbelt Task Force:
Community Separator / Greenbelt Task Force
Kevin Sharrar
Bruce Fry
Bill Cummins
Carl Fink
Continued January 7, 2004
In response to Council Member Land, City Clerk Blackston confirmed that she
would send a copy of the resolution to the new members of the Greenbelt Task
Force. Council Member Hitchcock reported that she had planned on meeting with
Community Development Director Bartlam to develop a tentative meeting schedule
for the Task Force.
b) "Appointment to the San Joaquin Partnership"
Council Member Land explained that his time constraints and extra demands
placed on him at work made it difficult for him to attend the Partnership meetings.
MOTION #1 / VOTE:
The City Council, on motion of Council Member Land, Howard second,
unanimously appointed John Beckman as the Delegate to the San Joaquin
Partnership:
MOTION #2 / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, unanimously
appointed Emily Howard as the Alternate to the San Joaquin Partnership.
C) The City Council, on motion of Council Member Land, Beckman second,
unanimously directed the City Clerk to post for the following expiring terms on the
Site Plan and Architectural Review Committee:
Site Plan and Architectural Review Committee
Donald P. Kundert Term to expire January 1, 2004
Roger Stafford Term to expire January 1, 2004
H-4 Miscellaneous — None
REGULAR CALENDAR
1-1 "Update from Mayor Larry Hansen regarding audit (agreed-upon procedures) of Envision Law
Group's billings"
Mayor Hansen reported that he and Council Member Hitchcock met with Robert Levy and
David McMahon of the firm Barger & Wolen on December 30 and signed the contract. At
that time he also provided them with a compact disc that contained billings from the
litigation through 2002, and copies of the agreements with Envision Law Group and Lehman
Brothers.
Council Member Land stated that the City has paid $5.3 million from its enterprise fund to
Envision Law Group. Lehman Brothers has spent $15.3 million. Envision Law Group has
accrued bills totaling $6.4 million. He asked whether Barger & Wolen had decided how it
would prioritize the audit. He expressed hope that they would begin with the $5.3 million
the City had paid.
Mayor Hansen replied that he would discuss this with Barger & Wolen.
Mayor Pro Tempore Beckman commented that he had previously asked the City Attorney
how much the City was charged to have representatives from Envision Law Group at the
Council meeting on October 1 and was informed that they had billed $1,900. He
recommended that Barger & Wolen consider that as part of the audit and add it to the list of
charges the City should be credited for.
MOTION/ VOTE:
There was no Council action necessary on this item.
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Continued January 7, 2004
RECESS
At 7:34 p.m., Mayor Hansen called for a recess, and the City Council meeting reconvened at
7:43 p.m.
REGULAR CALENDAR (Continued)
1-2 "Review options for conducting a public survey and authorize the City Manager to negotiate
such services as determined by Council"
Deputy City Manager Keeter recalled that the concept of conducting a survey to gauge the
public's sentiment regarding capital projects, programs, and general City services has been
discussed many times over the years. The City is now at a critical juncture as it begins to
focus on mid -year budget adjustments and the potential of budget shortfalls for this current
fiscal year, as well as for 2004-05. A survey would provide citizens a voice in government
and an opportunity to rate the importance of services the City provides. Ongoing feedback
could be provided via an online citizen advisory board. Ms. Keeter stated that staff does not
have the software necessary to facilitate the process, nor expertise in developing surveys,
and is short staffed in every department due to the hiring freeze. In addition, she pointed
out that there would be questions regarding the integrity of the survey if it were done in-
house. DataCycles was identified as a highly respected and reputable firm with expertise
in developing and implementing surveys. If the recommendation is approved tonight, the
goal is to have the survey results by April 2. Ms. Keeter asked that following Steve Childs'
presentation, Council authorize the City Manager to negotiate an agreement with
DataCycles for conducting the Lodi survey in an amount up to $31,500. The survey cost
would be paid from fund balance of operating funds from electric, water, sewer, transit, and
the general fund.
Steve Childs explained that DataCycles is a technology-based consulting firm that
specializes in collecting, analyzing, and mapping a variety of information. It has a flexible
and adaptable system that is proprietary and the company is a venture -funded enterprise.
DataCycles has worked for the cities of Palo Alto, San Jose, Alameda, and Roseville.
Mr. Childs reported that City Manager Flynn had recommended that 4,000 voters from the
last election be drawn from a random selection and surveyed first. As a second phase to
the project, all City residents would be asked to respond to the survey. An introductory
postcard would be sent with a reminder card going out one week later to those who had not
yet replied. Citizens would be able to respond via the internet or paper survey. The general
survey would be promoted through utility bills, both with messages and an insert. Mr.
Childs assured Council that all of the information is completely secure. With the use of an
overhead projector he demonstrated Roseville's internet survey and accompanying reports.
In answer to Mayor Hansen, Mr. Childs reported that statisticians have analyzed
DataCycles data and found 95%, + or — 5 points, confidence intervals. There are checks
and balances in the system that look at scoring, time date stamps, etc. to ensure it is
clean data. In addition there are firewalls and other protections within the system.
In reply to Council Member Howard, Mr. Childs confirmed that DataCycles had not provided
services to an agency or business in San Joaquin County before. He stated that
DataCycles manages 100% of its work and does not take partnerships. The random
selection of voters will use more rigorous methodology and is the scientific portion of the
survey. He explained that if one person (i.e. from the random voter group and general
group) submitted two surveys it would not make any difference in the average scoring. The
registration page asks for identifying information and duplicates are removed at the end of
the process. DataCycles will work closely with staff on determining which services need to
be ranked. The work is done on a project basis as a professional services agreement.
DataCycles is a subscription -based service. The subscription is for one year; however, Mr.
Childs stated that DataCycles deferred $3,000 of the $5,750 subscription price toward any
future work that the City might want to do. The subscription covers its technology, data
Continued January 7, 2004
hosting, data exports, user configuration, directory account, etc. The project fees are on a
per project basis. The advisory panels also have a per project fee. Mr. Childs reported that
of the $22,750 cost, $2,750 is for the subscription fee.
At the request of Council Member Hitchcock, Mr. Childs described the process of
formulating questions for the survey. He stated that the City will own the data; however,
identifying information of respondents will not be included because DataCycles promises
total anonymity to participants.
In response to Council Member Land's suggestion of eliminating the random survey,
Mr. Childs explained that the general survey is not scientific, and it would not result in a
significant cost savings because most of the work is done in phase one.
Mayor Pro Tempore Beckman pointed out that Council was elected to make decisions and
believed that this process would be abdicating the trust given to Council. Further, he stated
that spending $30,000 on a survey would not be a good use of the City's limited dollars. He
noted that the public is afforded many ways to provide comments and feedback to Council
Members, e.g. at every meeting, through e-mail, writing, phone calls, etc.
Council Member Hitchcock recommended that the survey also allow the public an
opportunity to prioritize projects and express whether or not they would support a bond to
pay for the projects.
Mayor Hansen believed that the survey results might allow an avenue for the "silent
majority" to express its view.
MOTION / VOTE:
The City Council, on motion of Council Member Howard, Hansen second, authorized the
City Manager to negotiate a contract with DataCycles for the purpose of conducting a
public survey. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Land, and Mayor Hansen
Noes: Council Members — Beckman
Absent: Council Members — None
Following discussion, it was agreed to have Council included in the preview group for the
survey. Mr. Childs indicated that the draft survey would be forwarded to Council
electronically for solicitation of comments back to DataCycles.
RECESS
At 9:15 p.m., Mayor Hansen called for a recess, and the City Council meeting reconvened at
9:25 p.m.
REGULAR CALENDAR (Continued)
1-3 "Adopt resolution authorizing staff to solicit proposals for a catering service and rental
contract for Hutchins Street Square facilities and authorizing the City Manager to reject or
award the contract"
Community Center Director Silvestre reported that most events scheduled at Hutchins
Street Square require services of liquor licenses, catering, and concession personnel. An
on-site caterer would allow staff to streamline services for City -sponsored events, as it
would result in less time spent on paperwork for liquor licenses, obtaining the services of
caterers, or acting as caterers and cleaning up afterwards. Ms. Silvestre explained that it
would provide an added value to rental clients and noted that it is now an industry standard
to offer on-site catering services. The service would not be a mandatory requirement for
rental clients and, if chosen, would be charged back to the renter. She reported that 80%
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Continued January 7, 2004
of customers who call to rent space ask if an on-site caterer is available. She also stated
that the City would gain additional revenue by renting the kitchen and small office space to
a catering vendor at the current market rate. The kitchen and office space would not be
intended as their main office; rather, it would be a satellite facility. Use fees to the service
provider would be commensurate with the depreciation of the equipment in the building.
In answer to Council Member Howard, Ms. Silvestre reported that the contract would
initially be for a one-year trial period. She confirmed that if a party opted to hire an outside
caterer they would have full access to the kitchen and equipment.
PUBLIC COMMENTS:
00 Former Community Center Director Charlene Lange pointed out that an on-site caterer
would be especially beneficial to out of town customers who are unfamiliar with vendors
in the area. She reiterated that approval of this request would be a revenue source for
the City and assured Council that a choice would be offered to prospective customers.
Council Member Hitchcock recommended that a preference be given to Lodi caterers.
oo Eddie Aguirre expressed hope that non-profit organizations would be allowed to bid as
well.
MOTION / VOTE:
The City Council, on motion of Council Member Beckman, Land second, unanimously
adopted Resolution No. 2004-12 authorizing staff to solicit proposals for a catering service
and rental contract for Hutchins Street Square facilities and authorizing the City Manager to
reject or award the contract.
1-4 "Update on White Slough Water Pollution Control Facility improvements"
Public Works Director Prima reported that a contract was awarded for phase one
construction, which is earthwork and underground work in preparation for installing filters. A
change order was written for excavating work at DeBenedetti Park to bring dirt out to White
Slough in preparation for the filters, which will save money on the phase two contract.
PG&E promised the City a study in December as to how it would upgrade the power lines
to serve the facility, but it has not yet been completed and is now anticipated in mid-
January. Last month Council authorized a sole -source purchase for the $1.5 million filters;
however, staff is negotiating with a second supplier and expects an answer by next week.
The UV disinfection equipment low bid came in at a little over $1.9 million. Within the next
few weeks staff intends to pursue purchase of the aeration panels. Mr. Prima anticipated
returning to Council in April to award the phase two contract, which will be to install all the
equipment and do other improvements at the plant. A $25 million financing would cover the
cost to purchase the equipment, the installation contract, and leave money to make land
purchases and some additional work to get started on phase three. Staff will return to
Council for financing phase three once the EIR is complete and more is known regarding
discharge issues. He explained that phase three was planned to be relocation of the
discharge and construction of the wetland.
In response to Mayor Hansen, Mr. Prima reported that approximately 300 customers take
advantage of the 10% discount on water and wastewater, 800 for solid waste, and 1,300 for
the 20% electric utility discount program. Mr. Prima stated that he would try to combine
these programs for low-income customers and include this information in a future
presentation to Council.
MOTION/ VOTE:
There was no Council action necessary on this item.
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Continued January 7, 2004
J. ORDINANCES
J-1 Ordinance No. 1738 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 8 — Health and Safety — Chapter 8.24, Comprehensive Municipal
Environmental Response and Liability, by Repealing and Reenacting Section 8.24.010 —
'Definitions,' Subsection '2,' and 8.24.040 —'Liability,' Subsection 'F,' to the Lodi Municipal
Code Relating to Abatement Action Cost and Recovery Issues"
Council Member Hitchcock expressed concern about Ordinances 1738 and 1739, due to
Judge Damrell's December 22 opinion and severe criticism of the Comprehensive Municipal
Environmental Response and Liability Ordinance MERLO). She read portions of a "blue
sheet" communication (filed) from Ron Bernasconi, in which he recommended that Council
secure independent legal counsel prior to making any changes to the MERLO.
Mayor Pro Tempore Beckman asked the City Attorney whether the amendments to
Ordinances 1738 and 1739 were changes that were ordered to be made by the U.S. Court
of Appeals for the Ninth Circuit.
City Attorney Hays recalled that the amendments to the MERLO were calendared several
months ago, but due to the length of the Council meetings, they were not acted upon. He
pointed out that if they had not been delayed they would have been in place prior to Judge
Damrell's decision. He stated that they have been brought to Council based upon a
"playing out of the string" of the Ninth Circuit opinion in the Fireman's Fund case, which is
not the case that is going to trial. The Ninth Circuit found 9 out of 11 challenges to the
MERLO invalid. The amendments now presented to Council address questions that the
Ninth Circuit raised relative to the MERLO.
Council Member Land reported that the actual dollars spent by the City so far out of its
water fund has been $5.3 million and of that amount, $1 million went to the State of
California for a settlement with Department of Toxic Substances Control. Thousands of
dollars have been paid to an environmental group to do testing and gather data.
Council Member Hitchcock felt that it was important for Council to consider what has
happened since the MERLO amendments were drafted and what the court is now informing
the City. She reported that $25 to $30 million has been spent on the litigation thus far and
$7 million in interest has been accrued. She believed that it would be improbable for
Lehman Bros. not to pursue payment. She urged Council not to adopt the ordinances until
an outside legal opinion is obtained. She stated that the City Attorney has repeatedly not
been forthcoming in reporting to Council what has been transpiring regarding the litigation
and court opinions given by Judge Damrell. She asserted that Mr. Hays was in lock step
with Michael Donovan and stated that, in terms of his representation for the City and
citizens of Lodi, he might as well be a partner in the firm of Envision Law Group.
Council Member Howard was opposed to Council seeking the opinion of outside counsel
and expressed her opinion that Mr. Hays was capable and thanked him for his patience.
She believed that adopting the ordinances at this time would be responsible action on the
part of the Council.
City Manager Flynn stated that he received a report listing all expenditures related to the
environmental abatement program from 1996 hrough November 2003. He reported that
legal fees totaled $15.8 million and of that amount, $2.6 to $2.7 million was paid to the firm
of Zevick Horton Guibord McGovern and $13.2 million was paid to Envision Law Group. The
Department of Toxic Substances Control was paid $1,000,024,000. Environmental
Forensics, Henshaw Services, technical labs, and project management were paid $5.5
million. In total the amount paid has been $23.5 million. The City to date has received $14
million in proceeds from the Certificate of Participation. $6.3 million was paid out of the
water fund and the City was reimbursed $3 million by USF&G.
Continued January 7, 2004
Council Member Land asked Mr. Flynn for a copy of the report to which he was referring.
In response to Mayor Hansen, Mr. Flynn acknowledged that interest was not included in
the amounts he reported. Mayor Hansen asked Mr. Flynn to make the calculation and
report back.
Council Member Hitchcock pointed out that Mr. Flynn had also not reported the $6 million
in accrued expenses by Envision Law Group, which has not yet been paid.
John Meyer of Envision Law Group believed that Mr. Flynn had reported actual payments;
however, they reflect only a portion of the bills actually received. He stated that the City
has received complete bills for each billing cycle from the inception of the environmental
abatement program, pursuant to fee agreements with the City, and portions of those bills
have been paid.
In answer to Mayor Hansen, Finance Director McAthie explained that, based on the
agreement, each billing goes through a cap. She believed that the difference between the
amount paid to date and the cap was $1.6 million.
Mayor Hansen stated that he felt many of the same frustrations that Council Member
Hitchcock expressed. He acknowledged that the relationship has deteriorated between
Envision Law Group attorneys and some Members of the Council, and it is evident that
there is a lack of trust with Mr. Donovan and the City Attorney.
Mayor Pro Tempore Beckman commented that he was in agreement with Ms. Hitchcock
and Mr. Hansen regarding some of the credibility, billing, and trust issues with Envision Law
Group, and to a lesser extent, with the City Attorney. He believed that Ordinances 1738
and 1739 comply with suggestions made by the Ninth Circuit Court and that their adoption
would help the City's current situation.
In answer to Mayor Pro Tempore Beckman, Mr. Meyer explained that he had been asked
by the City Attorney to attend the meeting in order to be available to answer questions that
might arise.
Council Member Hitchcock perceived that Mr. Hays had not answered a previous question
by Mr. Beckman in a straightforward manner, and she clarified that the Ninth Circuit Court
did not ask the City to make amendments to the MERLO.
At the request of the City Attorney, Council Member Beckman stated, in contradiction to
Ms. Hitchcock, that Mr. Hays had done an adequate job of answering his question. It was
his understanding that the Ninth Circuit Court felt that there were portions of the MERLO
that were probably not legitimate. Ordinances 1738 and 1739 are an attempt to change the
law so that it complies with the appellate court's interpretation of the constitution.
MOTION:
Ordinance No. 1738 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 8 — Health and Safety — Chapter 8.24, Comprehensive Municipal
Environmental Response and Liability, by Repealing and Reenacting Section 8.24.010 —
'Definitions,' Subsection '2,' and 8.24.040 —'Liability,' Subsection 'F,' to the Lodi Municipal
Code Relating to Abatement Action Cost and Recovery Issues," having been introduced at
a regular meeting of the Lodi City Council held December 17, 2003, was brought up for
passage on motion of Mayor Pro Tempore Beckman, Howard second.
DISCUSSION:
Council Member Hitchcock again urged Council to consider what Judge Damrell had said in
his ruling regarding the MERLO. She stated that Judge Damrell was heavily critical of it
and is forbidding the City to use the MERLO to collect attorneys fees and abatement costs.
She believed that it would be detrimental to the City in the upcoming trial to adopt these
ordinances.
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Continued January 7, 2004
VOTE:
Second reading of the ordinance was omitted after reading by title, and the ordinance was
then adopted and ordered to print by the following vote:
Ayes:
Council Members
— Beckman, Howard, and Land
Noes:
Council Members
— Hitchcock and Mayor Hansen
Absent:
Council Members
— None
Abstain:
Council Members
— None
J-2 Ordinance No. 1739 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 8 — Health and Safety — Chapter 8.24, Comprehensive Municipal
Environmental Response and Liability, By Repealing and Reenacting Section 8.24.090 —
'Miscellaneous Provisions,' Subsections 'D' and 'E,' and Adding Subsection 'F' to the Lodi
Municipal Code Relating to Availability of Contribution" having been introduced at a regular
meeting of the Lodi City Council held December 17, 2003, was brought up for passage on
motion of Mayor Pro Tempore Beckman, Howard second. Second reading of the ordinance
was omitted after reading by title, and the ordinance was then adopted and ordered to print
by the following vote:
Ayes: Council Members — Beckman, Howard, and Land
Noes: Council Members — Hitchcock and Mayor Hansen
Absent: Council Members — None
Abstain: Council Members — None
J-3 Ordinance No. 1740 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Title 13 — Public Services by Adding Chapter 13.14
'Stormwater Management and Discharge Control' Relating to Stormwater" having been
introduced at a regular meeting of the Lodi City Council held December 17, 2003, was
brought up for passage on motion of Council Member Hitchcock, Beckman second.
Second reading of the ordinance was omitted after reading by title, and the ordinance was
then adopted and ordered to print by the following vote:
Ayes: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Hitchcock asked the City Manager to provide Council with the report he
referenced at the December 17 meeting, which outlined the current status of the general fund.
She requested that an item be placed on the next agenda to authorize the retention of outside
counsel to provide legal advice to Council in regard to the pending renegotiation of the contract
with Envision Law Group.
oo Mayor Hansen noted that Finance Director McAthie would soon be retiring and he commended
her for doing an outstanding job and for her professionalism.
oo Mayor Pro Tempore Beckman reported that during the meeting he received five cellular phone
voice mail messages in support of the City conducting a public survey and two in opposition.
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo City Manager Flynn reported that Finance Director McAthie has agreed to work a couple of
days every week through June 30 and will be available at Council meetings. He announced that
today was Mayor Pro Tempore Beckman's birthday.
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Continued January 7, 2004
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:20 p.m.
ATTEST:
Susan J. Blackston
City Clerk
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