HomeMy WebLinkAboutMinutes - September 15, 2004LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 15, 2004
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of September 15, 2004, was called to order by Mayor
Hansen at 5:32 p.m.
Present: Council Members — Beckman, Hitchcock (arrived at 5:35 p.m.), Howard, Land, and
Mayor Hansen
Absent: Council Members — None
Also Present: Interim City Manager Keeter, City Attorney Schwabauer, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with labor negotiators, Human Resources Director Joanne Narloch and Rick
Bolanos, regarding Police Officers Association of Lodi and Lodi Police Dispatchers
Association, pursuant to Government Code §54957.6
b) Conference with labor negotiators, Human Resources Director Joanne Narloch and Rick
Bolanos, regarding Lodi City Mid -Management Association, pursuant to Government Code
§54957.6
C) Prospective sale of real property located adjacent to 2028 Edgewood Drive (APN #039-10-
18); negotiating parties are City of Lodi and property owner Bruce Sasaki; Government
Code §54956.8
d) Actual litigation: Government Code §54956.9(a); one case; Rogers v. City of Lodi et al.,
U.S. District Court, Eastern District, Case No. Civ. S-02-1961 DFL JFM
e) Actual litigation: Government Code §54956.9(a); one case; People of the State of
California, and the City of Lodi, California v. M & P Investments, et al.; United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
f) Actual litigation: Government Code §54956.9(a); one case; Hartford Accident and Indemnity
Company, et al. v. City of Lodi, et al., Superior Court, County of San Francisco, Case No.
323658
g) Conference with legal counsel — initiation of litigation: Government Code §54956.9(c); two
cases
h) Conference with legal counsel — anticipated litigation — significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9; one case; pursuant to Government Code
§54956.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be disclosed
Actual litigation: Government Code §54956.9(a); one case; City of Lodi, a California
Municipal Corporation, and Lodi Financing Corporation, a California nonprofit corporation V.
Lehman Brothers, Inc. and US Bank National Association, United States District Court,
Eastern District of California, Case No. CIV. S-04-0606 MCE-KJM
j) Actual litigation: Government Code §54956.9(a); one case; Lehman Brothers Inc.. v. City of
Lodi and Lodi Financing Corporation, United States District Court, Eastern District of
California Case No. CIV -S-04-0850 FCD/JFM
k) Actual litigation: Government Code §54956.9(a); one case; Fireman's Fund Insurance
Company v. City of Lodi, et al., United States District Court, Eastern District of California
Case No. CIV -S-98-1489 FCD JFM
1) Pursuant to Government Code §54956.9(c); conference with legal counsel; anticipated
litigation/initiation of litigation regarding Stockton sphere of influence amendment; one
potential case
C-3 ADJOURN TO CLOSED SESSION
At 5:32 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:58 p.m.
Continued September 15, 2004
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:04 p.m., Mayor Hansen reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
In regard to Item C-2 (a), Council approved the sale of property at $1.72 per square foot plus costs.
In regard to tem G2 (b), (c), (d), and (f) through (1), no reportable action was taken in closed
session.
In regard to Item C-2 (e), on a 4-1 vote, Council gave direction with regard to a settlement offer.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of September 15, 2004, was called to order by Mayor Hansen at
7:04 p.m.
Present: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent: Council Members — None
Also Present: Interim City Manager Keeter, City Attorney Schwabauer, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Frank Palmer, Woodbridge Missionary Baptist Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hansen.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Mayor Hansen presented a proclamation to Winona Ellwein with Experience Works
proclaiming the week of September 19 to 25, 2004, as "National Employ the Older Worker
Week" in the City of Lodi.
D-2 (b) Mayor Hansen presented a proclamation to Alan Vallow, Electric Utility Director, and
Sondra Huff, Governmental Affairs Manager, proclaiming the week of October 3 to 9, 2004,
as "Public Power Week" in the City of Lodi.
D-3 Presentations — None
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Hansen, Beckman second, unanimously approved the following items hereinafter set forth
except those otherwise noted:
E-1 Claims were approved in the amount of $7,651,140.57.
E-2 The minutes of August 3, 2004 (Shirtsleeve Session), August 4, 2004 (Regular Meeting),
August 24, 2004 (Shirtsleeve Session), August 24, 2004 (Special Meeting), August 31,
2004 (Shirtsleeve Session), August 31, 2004 (Special Meeting), September 7, 2004
(Shirtsleeve Session), and September 7, 2004 (Special Meeting) were approved as written.
The minutes of July 27, 2004 (Shirtsleeve Session) were removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
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Continued September 15, 2004
E-3 Approved the specifications and authorized advertisement for bids for 288 watthour meters.
E-4 Approved the specifications and authorized advertisement for bids for 40,000 feet of #1/0
15kV underground cable.
E-5 Approved the specifications and authorized advertisement for bids for 20,000 feet of #1/0
and 40,000 feet of #350kcmil 600 -volt underground triplex.
E-6 Adopted Resolution No. 2004-183 awarding the purchase of 19 wood utility poles to the low
bidder, McFarland -Cascade, of Tacoma, Washington, in the amount of $11,295.43.
E-7 "Adopt resolution approving the Improvement Agreement for the Public Improvements of
Vintner's Square and associated agreements, including a stop sign at Westgate Drive and
Taylor Road and no -parking zone on Westgate Drive from Kettleman Lane to Taylor Road,
and appropriate funds for required reimbursements ($467,000)" was removed from the
Consent Calendar and discussed and acted upon following Ordinances.
E-8 "Adopt resolution approving Memorandum of Understanding between City of Lodi and
Association of Lodi City Employees (Maintenance and Operators)" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar.
E-9 Adopted Resolution No. 2004-184 authorizing the City Manager to allocate a Public
Benefits Program grant to fund a portion of the Lodi Grape Festival Solar Demonstration
Project in the amount of $50,000.
In response to Council Member Hitchcock, Rob Lechner, Electric Utility Manager of
Customer Service and Programs, reported that grants provided to "for-profit" commercial
accounts are capped at $25,000 and demonstration projects for "non-profit" are capped at
$100,000.
E-10 Adopted Resolution No. 2004-185 approving the application for grant funds for the State
Urban Parks and Healthy Communities Program under the 2002 Resources Bond Act.
E-11 Adopted Resolution No. 2004-186 approving the application for grant funds for the Youth
Soccer and Recreation Development Program under the 2002 Resources Bond Act.
E-12 Adopted Resolution No. 2004-187 authorizing the destruction of the following records
retained by the City Attorney's Office:
a) Closed Litigation files in excess of two or more years;
b) Miscellaneous Memoranda and Correspondence 2001-02; and
C) Miscellaneous Claim Files for years 2001-02.
E-13 "Receive Impact Mitigation Fee Program Annual Report for fiscal year 2003-04" was
removed from the Consent Calendar and discussed and acted upon following
Ordinances.
E-14 Received the Downtown Lodi Business Partnership (DLBP) 2004-05 Annual Report,
adopted Resolution No. 2004-188 of Intent to levy annual assessment, and set public
hearing for October 6, 2004.
Mayor Pro Tempore Beckman noted that the DLBP currently does not pay a fee to the City
for collection of its assessment and he asked that a policy be in place prior to approval of
the DLBP's budget.
E-15 Set public hearing for October 20, 2004, to consider adopting resolution establishing area of
benefit and reimbursable costs for Kettleman Lane improvements.
Continued September 15, 2004
E-16 Set public hearing for November 3, 2004, to consider resolution adopting amended Impact
Mitigation Fees for Storm Drainage, Streets and Roads, and Parks and Recreation.
E-17 "Adopt Resolution of Intention to abandon portion of Maxwell Street; refer the matter to the
Planning Commission; and set public hearing for November 3, 2004" was removed from
the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-2 "Approve minutes: July 27, 2004 (Shirtsleeve Session)"
NOTE: Council Member Howard abstained from voting on this matter due to the fact that
she was not present at the meeting of July 27, 2004.
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, approved the minutes of
July 27, 2004 (Shirtsleeve Session), as written, by the following vote:
Ayes: Council Members — Beckman, Hitchcock, Land, and Mayor Hansen
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — Howard
E-8 "Adopt resolution approving Memorandum of Understanding between City of Lodi and
Association of Lodi City Employees (Maintenance and Operators)"
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, adopted Resolution
No. 2004-189 approving Memorandum of Understanding between City of Lodi and
Association of Lodi City Employees (Maintenance and Operators). The motion carried by
the following vote:
Ayes: Council Members — Beckman, Hitchcock, Land, and Mayor Hansen
Noes: Council Members — Howard
Absent: Council Members — None
E-17 "Adopt Resolution of Intention to abandon portion of Maxwell Street; refer the matter to the
Planning Commission; and set public hearing for November 3, 2004"
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, adopted Resolution
No. 2004-190 of Intention to abandon portion of Maxwell Street; referred the matter to the
Planning Commission; and set public hearing for November 3, 2004. The motion carried by
the following vote:
Ayes: Council Members — Beckman, Howard, Land, and Mayor Hansen
Noes: Council Members — Hitchcock
Absent: Council Members — None
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
oo Arthur Price stated that the Lodi News -Sentinel reversed his name with Leslie Kreis in its
Tuesday edition. He stated that the Sentinel is 'hotorious" for errors and reporting news that it
chooses. He believed that Mr. Kreis deserved more dignity and respect than he was awarded
by Mayor Hansen at the September 1 Council meeting.
0
Continued September 15, 2004
G. PUBLIC HEARINGS
G-1 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Hansen called for the public hearing to consider an
appeal received from Key Advertising, Inc., regarding the Planning Commission's decision
to deny the request of Key Advertising for a Use Permit to allow a 75 -foot -high electronic
display sign and a Variance to double the maximum allowable sign area from 480 square
feet to 960 square feet to be located at 1251 South Beckman Road.
In response to Council Member Hitchcock, City Attorney Schwabauer reported that a draft
development agreement was received from Geweke regarding this issue, to which staff
responded. A counter response was received ten weeks ago; however, Mr. Schwabauer
stated he had not yet dealt with it due to his workload and higher priorities.
The City Council concurred to re -continue the above public hearing to November 17, 2004.
H. COMMUNICATIONS
H-1 Claims filed against the City of Lodi — None
H-2 Reports: Boards/Commissions/Task Forces/Committees — None
H-3 Appointments — None
H-4 Miscellaneous
City Clerk Blackston presented the cumulative Monthly Protocol Account Report through
August 31, 2004.
REGULAR CALENDAR
1-1 "Adopt Resolution of Intention to form Lodi Tourism Business Improvement District (LTBID)
and adopt resolution appointing the Advisory Board for the Lodi Tourism LTBID"
Interim City Manager Keeter recalled that this matter first arose when the 2004-05 budget
was being considered. One of the revenue enhancements discussed at that time was to
place a measure on the November 2004 ballot to increase the Transient Occupancy Tax
(TOT). Nancy Beckman, Executive Director of the Lodi Conference and Visitors Bureau,
proposed that, in lieu of the TOT increase, the hotel and motel owners would create a
business improvement district.
City Attorney Schwabauer stated that the Lodi Tourism Business Improvement District
(LTBID) would be formed under the same set of laws that govern the Downtown Lodi
Business Improvement Area (DLBIA), i.e. the Parking and Business Improvement Law of
1989 found in Streets and Highways Code Section 36500 et. seq. He explained that in
order to form a business improvement district the Council must adopt a resolution of
intention. The resolution sets forth the name of the proposed district, boundaries,
assessment levied against the members of the proposed district, whether new businesses
would be exempt, and fix a time and place for a hearing on the formation of the district. If
there were a majority protest at the hearing, the district could not be formed. The votes are
weighted according to the percentage contribution of each proposed member of the district
to the overall income that is created by the district. The LTBID assessment would only
apply to stays less than 30 days.
Ms. Keeter noted that Council has received a "blue sheet" revised resolution for this item
(filed).
Continued September 15, 2004
Finance Director Krueger stated that the proposed LTBID would include all 16 hotels within
the City of Lodi. The assessment is proposed to be levied on all hotels, existing and future,
within the City based upon 3% of the gross short-term room rental revenue beginning
January 1, 2005. The number of votes indicated on Exhibit A to the staff report was based
on the percentage of total revenues (6% TOT) collected currently. Each quarter the
Finance Department will send a return to each of the establishments, from which the
hotel/motel owners would indicate the amount of revenues they collected. The City would
remit the 3% assessment to the LTBID, less a 5% collection fee, within 30 days.
Discussion ensued regarding the issues of a one-time fee for set up costs and a
collection/administrative fee (flat or percentage) policy. Mayor Hansen, Mayor Pro Tempore
Beckman, and Council Member Hitchcock agreed that the LTBID and DLBIA should be
treated the same in this regard. Council Member Howard favored leaving the language in
section 7 of the resolution as is, noting that a percentage offers consistency for the LTBID
to anticipate.
Ms. Keeter stated that during the public hearing amendments suggested by Council or the
public could be considered.
PUBLIC COMMENTS:
00 Nancy Beckman, Executive Director of the Lodi Conference and Visitors Bureau, stated
that she was not opposed to considering a start-up cost amount to reimburse the City
for its time, nor an administrative fee. She indicated, however, that a policy regarding
an administrative fee for all assessment districts would be an equitable way of handling
the matter. She pointed out that there are differences associated with the districts that
would affect the amount of effort needed to collect the assessments. The LTBID has
16 members; whereas, the DLBIA includes over 200 business owners. The City
already bills hotel and motel owners for the TOT, so it would only be a matter of adding
a line item for the additional 3% assessment. In addition, she suspected that
collections for the LTBID would be much less difficult than the DLBIA because
businesses charge their customers the extra 3%; it is not paid out of their own pocket
as is done by business owners in the DLBIA.
Council Member Hitchcock felt that the resolution language in section 7 should stay as is.
She was opposed to the City charging for start-up costs, as she felt that in the long run it
would be an investment and falls under the City's economic development work.
Ms. Keeter noted that quarterly payments are now made by the City to the Lodi Conference
and Visitors Bureau and it would be necessary in the future to place an item on the Council
agenda changing the name of the payee to Lodi Tourism Business Improvement District.
MOTION/ VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, unanimously
adopted the following resolutions:
oo Resolution No. 2004-191 declaring intention to establish the LTBID and to levy and
collect assessments within the LTBID boundaries; and
oo Resolution No. 2004-192 appointing the following individuals to the LTBID Advisory
Board:
Tabitha Freytag, Wine and Roses
Beth Kim, Comfort Inn
Sonny Patel, Wine Country Inn
Sunil Yadav, Modern Motor Lodge
Mary Wallace, Frames & Fine Things
Kelli Mettler, Wine & Visitor Center
Betty Hansen, Jewel Fine Wines
3
Continued September 15, 2004
1-2 "Introduce ordinance amending Chapter 10.04, "Words and Phrases Defined," by adding
Section 10.04.010 C (9) defining utility trailer and amending Chapter 10.52, "Regulation of
Commercial Vehicle Travel and Parking," by repealing and re-enacting Section 10.52.060
(C) relating to utility trailers"
Public Works Director Prima explained that the definition of utility trailers was removed from
the State Vehicle Code a couple of years ago and this amendment would add that definition
into the Lodi Municipal Code.
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Howard second, unanimously introduced
Ordinance No. 1752 amending Chapter 10.04, "Words and Phrases Defined," by adding
Section 10.04.010 C (9) defining utility trailer and amending Chapter 10.52, "Regulation of
Commercial Vehicle Travel and Parking," by repealing and re-enacting Section 10.52.060
(C) relating to utility trailers.
1-3 "Discussion and appropriate action regarding compensation for Interim City Manager"
Mayor Hansen recommended that Janet Keeter's salary be increased by 10% while she is
serving in the capacity of Interim City Manager.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Land second, unanimously
approved a 10% salary increase for the Interim City Manager.
1-4 "Consider options and give direction regarding the water and wastewater low-income
discounts, senior fixed-income discounts, and the Lodi Customer Assistance & Relief
Energy (CARE) Package Program"
City Attorney Schwabauer reported that a citizen concern was expressed to a Council
Member and subsequently forwarded to him, which related to the application of Proposition
218 to wastewater discounts that were funded through the rate structure as opposed to
some other source of revenue. He stated that Proposition 218 does have some language in
it that could be used to craft an argument that paying for a discount program through the
rate structure is invalid unless it is subjected to a vote. Mr. Schwabauer expressed his
opinion that the following language (from Prop. 218) did not apply in this case, "The amount
of the fee or charge imposed upon any parcel or person as an incident of property
ownership shall not exceed the proportional cost of the service attributable to the parcel."
He believed that a discount program was a cost of service, i.e. a cost of running the utility.
He pointed out that electric, phone, and gas utilities nearly all have discount programs and
it is considered a standard practice in the industry. He also saw it as a tool that allows the
City to manage its accounts receivable programs. To the extent that the City can offer a
discount in exchange for a partial payment for someone who is having financial difficulty,
the City and ratepayers receive more than they otherwise would if the person was unable to
pay at all. Mr. Schwabauer stated that it also reduces staff time and expenditures for
collections because it provides an opportunity to obtain a payment that otherwise may not
be collectible. He believed that the City's discount program would survive challenge under
Proposition 218; although, he acknowledged that some city attorney's have a differing
opinion. Some cities have chosen not to implement a discount program for their water and
wastewater utilities out of concern that Proposition 218 might apply and others have
adopted programs and placed them on the ballot as a special tax that requires a two-thirds
vote. To avoid the risk of a Proposition 218 challenge, Council could adopt the program and
set the source of the discount as a General Fund transfer; however, staff does not
recommend that as the total cost of the program is $140,000 a year. Another option would
be to adopt the program and hold its application in abeyance while waiting for the outcome
of an election. A third option would be to adopt Ordinance 1750 tonight, take no further
action, and allow the program to go forward as contemplated to be funded through the rate
structure.
7
Continued September 15, 2004
In response to Council, City Clerk Blackston reported that the cost for a special election is
approximately $3.50 per voter. There are 27,000 voters in Lodi, which would bring the cost
of a special election to $95,000. To add a measure on the ballot of a consolidated election
would cost between $5,000 to $10,000.
Council Member Howard pointed out that a fourth option for Council to consider would be to
repeal back to the original program level, which would save the cost of an election and still
retain a discount program.
Public Works Director Prima noted that not only was the discount level increased in the
proposal, but the eligibility criteria was expanded, the Lodi CARE program was added, and
the Electric Utility senior fixed-income discount program was incorporated.
Mayor Hansen stated that prior Councils had spent $25 million on the Environmental
Abatement Program litigation and in his view had accomplished very little, which resulted in
the need to increase water rates significantly. The current discount program the City offers
is not meaningful to the recipients.
Mayor Pro Tempore Beckman stated that his opinion had not changed since expressed at
previous meetings regarding this matter.
Council Member Hitchcock stated that she would be willing to support implementation of
the discount program at this time under the condition that the matter be placed on the
ballot of the next general election at which the cost would be minimal. She anticipated that
this would result in a risk for only a six- to nine-month period.
Council Member Land also voiced support for placing the matter on the ballot at a
consolidated election where the cost would be minimal.
PUBLIC COMMENTS:
oo Leslie Kreis stated that he had been following this issue since last May and would not
return again, as his health condition has been worsening. Mr. Kreis stated that many
people on fixed incomes are having difficulty; he expressed his patriotism and asked
Council for compassion.
Interim City Manager Keeter clarified that if Council adopts ordinance 1750 tonight the
rates would go into effect 30 days from the date of adoption. Should the matter be
placed on a future ballot for a public vote, it would be for an affirmation of the action
Council had taken tonight.
oo Arthur Price stated that the proposed ordinance would not affect him, as he would not
qualify for it; however, he was in support of it. Mr. Price facetiously stated that he never
thought he would call the Council "cheap" who had spent $22 million for litigation and
$500,000 for a skate park that no one uses. He quoted from Matthew 23:24: Ye blind
guides, which strain at a gnat and swallow a camel.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Hansen second, voted to submit the
low-income discount program ordinance to the voters as a ballot measure at the next
consolidated general election for affirmation purposes. The motion carried by the following
vote:
Ayes: Council Members — Hitchcock, Land, and Mayor Hansen
Noes: Council Members — Beckman and Howard
Absent: Council Members — None
Continued September 15, 2004
J. ORDINANCES
J-1 Following reading of the title of Ordinance No. 1750 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Chapter 13.04 of the Lodi Municipal Code by
Repealing and Reenacting Section 13.04.130, Relating to Low -Income Adjustments,"
having been introduced at a regular meeting of the Lodi City Council held August 4, 2004,
the City Council, on motion of Council Member Land, Hansen second, waived reading of the
ordinance in full and adopted and ordered it to print by the following vote:
Ayes: Council Members — Hitchcock, Land, and Mayor Hansen
Noes: Council Members — Beckman and Howard
Absent: Council Members — None
Abstain: Council Members — None
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-7 "Adopt resolution approving the Improvement Agreement for the Public Improvements of
Vintner's Square and associated agreements, including a stop sign at Westgate Drive and
Taylor Road and no -parking zone on Westgate Drive from Kettleman Lane to Taylor Road,
and appropriate funds for required reimbursements ($467,000)"
In response to Council Member Hitchcock, Community Development Director Bartlam
reported that Westgate Drive will be constructed to the curb line on the west side, but not
to its full ultimate right of way. The travel lanes will be complete in both directions and
there will be a landscaped median.
Council Member Hitchcock stated that when the west side of Westgate Drive is improved,
parking should be allowed if residential fronts the street.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Beckman second, unanimously
adopted Resolution No. 2004-193 taking the following actions with regard to the Vintner's
Square development:
a) Approving the Improvement Agreement for the Public Improvements of Vintner's
Square and directing the City Manager and City Clerk to execute the improvement
agreement on behalf of the City;
b) Authorizing the City Manager to execute a Storm Drainage Detention Basin
Operation and Maintenance Agreement for the private storm water detention basin
to be constructed with the project;
C) Authorizing the City Manager to execute a Reimbursement Agreement with the
developer for City -funded facilities and appropriated funds for required
reimbursements in the amount of $467,000;
d) Amending Section 2C of Traffic Resolution 97-148 by approving the installation of a
stop sign on Westgate Drive at Taylor Road and the installation of a no -parking
zone on Westgate Drive from Kettleman Lane to Taylor Road; and
e) Authorizing the City Manager to transfer City street right-of-way in Kettleman Lane
to Caltrans, executing an amendment to the Agreement for Maintenance of
Landscape Area within State Highway 12 Right -of -Way, State Route 12 in the City
of Lodi with Caltrans, and a Maintenance Agreement with the developer covering
developer's responsibilities for landscape improvements in the Kettleman Lane
(State Route 12) right-of-way.
E
Continued September 15, 2004
E-13 "Receive Impact Mitigation Fee Program Annual Report for fiscal year 2003-04"
Interim City Manager Keeter explained that this item is to receive fie report. Staff will
return in October to make a presentation and request approval of the report.
Council Member Hitchcock stated that Council had received communication indicating that
Lodi is 40% below others in the regional development fee comparative analysis. In addition,
a letter was received, which stated that Lodi had not paid into the Habitat Conservation
Plan.
Community Development Director Bartlam explained that development projects that have
been approved were not subject to the fees, which is primarily the case in Lodi and this is
an issue that the United States Fish and Wildlife Service and Department of Fish and
Game may not be aware of. The Council of Governments has hired an outside auditing
firm. Staff has provided them with all of the building permit data.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, unanimously
received the Impact Mitigation Fee Program Annual Report for fiscal year 2003-04.
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Mayor Hansen asked for the status of the skate park, noting that it has remained closed all
summer.
Interim City Manager Keeter replied that the City's Risk Manager is working on the insurance
issue.
oo Council Member Hitchcock recalled that she had received a phone call from the principal of Lodi
High School who informed her that damage was being done to the school facility br skate
boarders.
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo Interim City Manager Keeter announced the following birthdays:
Jim Krueger — September 19
Emily Howard — September 25
Mike Pretz — October 2
Susan Hitchcock — October 3
Ms. Keeter reported that she had been contacted by WhyteHouse Productions, which has
expressed an interest in coordinating the Kids' Night Out event via sponsorships and is
interested in knowing if the City would donate some of the labor costs. Ms. Keeter stated that
she would determine what it would cost the City and report back to Council.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 9:11
p.m., in memory of Raymond Sieglock, father of former Mayor Jack Sieglock, who passed away on
September 8.
ATTEST:
Susan J. Blackston
City Clerk
10