HomeMy WebLinkAboutMinutes - October 5, 2005LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 5, 2005
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of October 5, 2005, was called to order by Mayor
Beckman at 6:45 p.m.
Present: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Absent: Council Members — Hitchcock*
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
*NOTE: Mayor Pro Tempore Hitchcock was absent due to her attendance at the League of
California Cities annual conference in San Francisco.
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Blair King, City Manager, and/or Jere Kersnar, Interim Deputy City
Manager (Acting Labor Negotiators), regarding International Brotherhood of Electrical
Workers, Lodi Police Officers Association, and Mid -Management Employees pursuant to
Government Code §54957.6
C-3 ADJOURN TO CLOSED SESSION
At 6:45 p.m., Mayor Beckman adjourned the meeting to a Closed Session to discuss the above
matter.
The Closed Session adjourned at 7:02 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:05 p.m., Mayor Beckman reconvened the City Council meeting, and City Attorney Schwabauer
disclosed that there was no reportable action taken in closed session.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of October 5, 2005, was called to order by Mayor Beckman at
7:05 p.m.
Present: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Absent: Council Members — Hitchcock*
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Blackston
*NOTE: Mayor Pro Tempore Hitchcock was absent due to her attendance at the League of
California Cities annual conference in San Francisco.
B. INVOCATION
The invocation was given by Ken Owen, Christian Community Concerns.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Beckman.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Mayor Beckman presented a proclamation to Christopher Olson, representing Ameriprice
Financial, proclaiming the week of October 2 — 8, 2005, as "Financial Planning Week" in
the City of Lodi.
Continued October 5, 2005
D-2 (b) Mayor Beckman presented a proclamation to Diane Amaral, Arts Education Assistant with
the City of Lodi, proclaiming the month of October 2005 as "National Arts and Humanities
Month" in the City of Lodi.
D-2 (c) Mayor Beckman presented a proclamation to Paula Grech, representing the San Joaquin
County Women's Center, proclaiming the month of October 2005 as "Domestic Violence
Awareness Month" in the City of Lodi.
D-3 (a) John Byrd, President of the Lodi Area All Veterans Plaza Foundation, presented a check in
the amount of $10,000 to Mayor Beckman toward the quarterly payment on loan from the
City.
D-3 (b) Donna Phillips reported that Friends of Lodi Lake" was formed in 1995. She thanked
founders Maryann Porterfield and Barbara Brown. Ms. Phillips presented a check in the
amount of $2,500 as adonation toward the City's Centennial tree planting project and
asked that the money be used toward planting 24" box trees at Lodi Lake. In addition, she
commented that the area known as "Pigs Lake" is eroding and she presented a check in
the amount of $500 toward a fund to raise awareness of this issue.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Mounce, Johnson second, approved the following items hereinafter set forth by the
vote shown below:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
E-1 Claims were approved in the amount of $3,640,299.80.
E-2 The minutes of August 17, 2005 (Regular Meeting), August 30, 2005 (Shirtsleeve Session),
August 30, 2005 (Special Meeting), September 13, 2005 (Shirtsleeve Session), and
September 20, 2005 (Shirtsleeve Session) were approved as written.
E-3 Adopted Resolution No. 2005-204 approving the specifications, authorizing advertisement
for bids for maintenance of the Lodi Consolidated Landscape Maintenance Assessment
District 2003-1, beginning January 1, 2006 and ending June 30, 2007, and authorizing the
City Manager to award or reject the contract up to $168,500.
E-4 Approved the specifications and authorized advertisement for bids for Elevator Services for
City Facilities.
E-5 Adopted Resolution No. 2005-205 rejecting all bids and authorizing advertisement for bids
for the Turner Road Underpass Pump Station Modifications.
E-6 Adopted Resolution No. 2005-206 awarding the purchase of 22,000 feet of 600 -volt insulated
electrical cable to G. E. Supply Company, of North Highlands, CA, in the amount of
$39,350.30.
E-7 Accepted memorial plaque donation from Donna Phillips in honor of Grace Montgomery.
E-8 Accepted memorial bench and plaque donation from Cheryl D. Moon in honor of Greg
Schneider.
E-9 Accepted memorial plaque donation commemorating Friends of Lodi Lake 100' Anniversary.
2
Continued October 5, 2005
E-10 Adopted Resolution No. 2005-207 authorizing the City Manager to accept the donation of a
vehicle to the Lodi Police Department Partners Volunteer Program from the Lodi Lions Club.
E-11 Adopted Resolution No. 2005-208 approving established overall annual Disadvantaged
Business Enterprise goal of 6% for Federal Transit Administration -assisted projects for
federal fiscal year 2005-06.
E-12 Adopted Resolution No. 2005-209 to cast an affirmative vote on Property Assessment
Ballot for City properties within the San Joaquin County Mosquito and Vector Control
District and authorizing the City Manager, or his designee, to execute and submit ballots.
E-13 Adopted Resolution No. 2005-210 approving the application for Transportation Planning
Grant from the California Department of Transportation (Caltrans) for the Railroad Corridor
Transit Oriented Development Plan.
E-14 Adopted Resolution No. 2005-211 approving the application for grant funds for the California
River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002.
E-15 Adopted Resolution No. 2005-212 authorizing renewal of support agreement for Wide Area
Network equipment from WAN/LAN Solutions, Inc., of Roseville, CA, in the amount of
$13,900.
E-16 Adopted Resolution No. 2005-213 authorizing renewal of support agreement for J.D.
Edwards software system from Oracle Corporation, of Redwood City, CA, in the amount of
$27,530, and granted the City Manager authority to approve subsequent annual renewals.
E-17 Adopted Resolution No. 2005-214 authorizing the destruction of certain records retained by
the City Clerk's Office.
E-18 Adopted Resolution No. 2005-215 ratifying Memorandum of Understanding with Lodi City
Mid -Management Association for calendar year 2006.
E-19 Authorized the Treasurer and Revenue Manager to enter into agreement with Farmers and
Merchants Bank of Central California for the issuance of a City credit card for Community
Development Director, Randy Hatch.
E-20 Set public hearing for October 19, 2005, for 2005-06 Federal Program of Transit Projects
Lodi Urbanized Area.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
00 Ed Beswick, Chairman of the Lodi Improvement Committee, announced that 400 Lodi volunteers
would be meeting on October 15 as part of the "40 Days of Community" project. Between the
hours of 10:00 a.m. and 2:00 p.m., volunteers will be cleaning up various areas of the city.
00 Georgianna Reichelt recalled that Mayor Beckman had attended a Manteca City Council
meeting to request a continuance of an item and she alleged that he introduced himself as both
the Mayor of Lodi and representative of the Building Industry Association (BIA). She felt that
this was a conflict of interest and further suggested that Mayor Beckman should not vote on
any matter that affects the BIA. Ms. Reichelt mentioned that she was the President of the
Land Utilization Alliance and a proponent of slow growth. She assisted citizens with the
referendum against Lodi's redevelopment ordinance.
Continued October 5, 2005
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Hansen reported that he attended a San Joaquin Council of Governments
(SJCOG) meeting last week on the topic of Measure K renewal. Measure K, a half cent sales
tax, expires in 2011 and a renewal measure is scheduled for the November 2006 General
Election. Measure K provides funding for congestion relief, transit, safety, railroad crossings,
etc. In addition, the issue of governance, how money should be divided, and the voting
structure of SJCOG is being considered. Mr. Hansen recommended that a Shirtsleeve Session
be scheduled to discuss these issues.
00 In response to Ms. Reichelt's earlier comments, Mayor Beckman acknowledged that he did
attend a Manteca Council meeting a few months ago. The Mayor of Manteca introduced him as
the Mayor of Lodi and was corrected by Mr. Beckman that he was attending as a representative
of the BIA.
H. COMMENTS BY THE CITY ATTORNEY ON NON -AGENDA ITEMS
oo City Attorney Schwabauer apologized to the public for his "combative" tone at the September 21
City Council meeting when speaking on the topic of a water rate increase for PCE/TCE
remediation.
Mayor Beckman expressed his opinion that the City Attorney had done a good job of
"zealously" representing his clients.
Council Member Johnson felt that an apology might also be due from some members of the
public who spoke at the September 21 City Council meeting in a less than civil tone.
PUBLIC HEARINGS
1-1 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Beckman called for the public hearing to consider
resolution adopting Engineer's Report, confirming a6sessments, overruling protests and
declaring assessment ballot results and annexing five zones into the Lodi Consolidated
Landscape Maintenance Assessment District 2003-1 and forming zones 8, 9, 10, 11, and
12.
Rick Clark, Project Manager for NBS, mentioned that his firm was assisting the City with
the annexation of five new zones into the Lodi Consolidated Landscape Maintenance
Assessment District 2003-1. He explained that assessment amounts are comprised of
specific improvements, which include landscape maintenance, repair, replacement, water,
electricity, masonry block walls, street trees, park maintenance, administrative fees,
publication costs, and a contingency component.
Hearina Opened to the Public
None.
Public Portion of Hearina Closed
City Clerk Blackston reported that she personally received the ballots cast in the special
assessment mailed ballot procedure as called by the City Council in Resolution 2005-167
adopted August 17, 2005. She explained that the assessment ballots are weighted
according to the proportional financial obligation the affected property has to the total
assessment amount. Ms. Blackston declared the balloting closed and certified the results
of the tabulation to be as follows:
Vintage Oaks — Zone 8
Total assessment ballots cast YES $7,083.90
Total assessment ballots cast NO Zero
0
Continued October 5, 2005
Interlake Square — Zone 9
Total assessment ballots cast YES $2,181.96
Total assessment ballots cast NO Zero
Lakeshore Properties —Zone 10
Total assessment ballots cast YES $1,156.92
Total assessment ballots cast NO Zero
Tate Property — Zone 11
Total assessment ballots cast YES $1,732.92
Total assessment ballots cast NO Zero
Winchester Woods — Zone 12
Total assessment ballots cast YES $1,169.92
Total assessment ballots cast NO Zero
MOTION / VOTE:
The City Council, on motion of Mayor Beckman, Hansen second, adopted Resolution
No. 2005-216 adopting the Engineer's Report; confirming assessments; overruling protests
and declaring assessment ballot results; and annexing five zones into the Lodi
Consolidated Landscape Maintenance Assessment District No. 2003-1 and forming Vintage
Oaks Zone 8, Interlake Square Zone 9, Lakeshore Properties Zone 10, Tate Property Zone
11, and Winchester Woods Zone 12.
The motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
J. COMMUNICATIONS
J-1 Claims filed against the City of Lodi — None
J-2 Appointments — None
J-3 Miscellaneous — None
NOTE: The City Council heard the following item out of order.
M. ADJOURN TO SPECIAL JOINT MEETING OF THE LODI CITY COUNCIL AND REDEVELOPMENT
AGENCY
At 7:45 p.m., Mayor Beckman adjourned the regular meeting of the City Council to a Special Joint
meeting with the Redevelopment AgencyN( OTE: Refer to the Special Joint meeting with the
Redevelopment Agency minutes of October 5, 2005).
The Regular City Council meeting reconvened at 8:44 p.m.
K. REGULAR CALENDAR
K-1 "Adopt resolution approving matching grant application of GREM, Inc. for public art project
to be located at the Vintner's Square Development ($40,000)"
Donna Phillips, representing the Art in Public Places Advisory Board, reported that the
Board unanimously approved GREM, Inc.'s matching grant application on August 31.
Robyn Burror, Public Art Manager for the city of Stockton, explained that she was hired by
G -REM to facilitate the public art project to be located at the northwest corner of the
Vintner's Square development at Highway 12 and Westgate Drive. The public art proposal
5
Continued October 5, 2005
is a mural project made of ceramic tiles set into a semi -circular stone wall. The wall will be
six feet in height, 27 feet long. The mural is designed to be a panoramic view of the Lodi
area including its wildlife, vineyards, and the history of German and Italian wine making.
Council Member Mounce supported the concept of public art; however, due to the City's
poor financial condition at this time, she would vote against the proposal.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Beckman second, adopted
Resolution No. 2005-217 approving matching grant application in the amount of $40,000 of
G -REM, Inc. for public art project to be located at the Vintner's Square Development. The
motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, and Mayor Beckman
Noes: Council Members — Mounce
Absent: Council Members — Hitchcock
RECESS
At 8:55 p.m., Mayor Beckman called for a recess, and the City Council meeting reconvened at 9:05
p.m.
K. REGULAR CALENDAR (Continued)
NOTE: The following item was heard out of order.
K-6 "Discuss Lodi Municipal Code Title 5, Permits and Regulations, Chapter 5.12, Cardrooms,
and provide direction to staff regarding potential revisions"
Council Member Johnson stated that attorney Tom Newton, representing a local business,
approached him to ask if Council would consider updating the City's ordinance related to
card rooms.
PUBLIC COMMENTS:
oo Tom Newton stated that he was representing Jack Morgan, sole owner since 2001 of
Jack's Back Bar on Sacramento Street, which has an adjoining card room. Lodi's
current ordinance, adopted in 1955, identifies the games that can be played within the
City, but does not define the rules. Mr. Newton stated that, over the years, the
management and supervision of card rooms has passed from local agencies to the
State. In 1984, a division was formed at the State that monitors both Indian casino
gambling and card rooms. In 2000, the Department of Gaming Control was formed,
which oversees the operation of card rooms and approves what games (and the rules of
each game) that can be played. Mr. Newton noted that Texas Hold Em is a very
popular card game today. He reported that the following cities have amended their
ordinances to allow Texas Hold Em to be played: Manteca, Stockton, Sacramento,
Modesto, Fresno, Turlock, Merced, Napa, American Canyon, Hayward, Emeryville,
Clovis, and Oakdale. Fresno exacted a 9% gross receipts tax on its card rooms.
Mr. Newton stated that Jack Morgan would agree to the 9% gross receipts tax should
Lodi wish to institute it. Mr. Newton estimated that Mr. Morgan's card room could
generate up to $275,000 annually on a gross receipts basis. In addition, if proposed
ordinance changes are adopted, there would be up to 40 jobs created. Mr. Newton
outlined the following requests to be incorporated in the ordinance amendment:
➢ Allow any game approved by the Department of Gaming Control;
➢ Increase hours of operation from 2:00 a.m. to 4:00 a.m. on Saturdays and
Sundays;
➢ Increase the limit of the number of players per table from 7 to 10; and
➢ Authorize a 7r' table.
6
Continued October 5, 2005
Council Member Hansen disclosed that he met with Mr. Newton previously about this
matter and is willing to support it. He expressed concern dJout allowing any game
approved by the Department of Gaming Control, as he preferred such changes come
before Council for approval.
Council Member Johnson asked that the Police Department provide comment on the
issue of extending the hours of operation.
Council Member Mounce also disclosed that she met with Mr. Newton previously and
was interested in considering an amendment to the ordinance.
oo Ann Cerney asked how often the number of card room tables could be increased.
Mr. Newton replied that State law stipulates that the number of tables can be increased
by 25% one time without going to a vote of the people.
Mayor Beckman asked staff to draft possible amendments to the City's card room
ordinance and bring back options to Council for consideration.
MOTION / VOTE:
It was the consensus of the City Council that the City Attorney prepare a draft ordinance on
this issue.
K-2 "Adopt resolution approving proposed Sidewalk Maintenance Policy and provide direction to
staff as needed"
City Manager King noted that Section 5600 of the Streets and Highways Code regulates
maintenance of sidewalks. It states that cities can order fronting property owners to repair
sidewalks that endanger persons or property or if a condition exists that interferes with the
public convenience of the use of the sidewalk. Staff wishes b reinforce that section of
State law as a policy of the City and to have an ordinance that would provide the transfer of
third party liability. Staff also recommends that if a City street tree causes the sidewalk
damage that the City pay 50% of the cost to repair it. In addition, an assessment deferral
program is proposed for low-income and hardship cases, in which the City would make the
repairs and assess the cost to be paid upon transfer of the property. There would also be a
12 -month payment program without interest offered.
Kirk Evans, Risk Manager, commented that the proposed ordinance would provide strong
incentive for property owners to make sure their sidewalks are in good condition and repair
any defects, because they would be liable if someone is injured. It would also ensure
participation of the adjoining property owners' insurance carriers, so they would participate
in any trip and fall claim settlements.
Council Members Mounce, Johnson, Hansen, and Mayor Beckman agreed that if a City
tree caused the damage to the sidewalk, the City should pay 100% of the repair cost.
PUBLIC COMMENTS:
oo Ann Cerney asked how it is determined whether it is a City tree.
Public Works Director Prima replied that if the tree is in the right of way then it is
considered a City tree.
MOTION / VOTE:
The City Council, on motion of Council Member Mounce, Beckman second, adopted
Resolution No. 2005-218 approving proposed Sidewalk Maintenance Policy, as amended.
The motion carried by the following vote:
7
Continued October 5, 2005
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-3 "Adopt resolution approving proposed Sidewalk Installation Policy and provide direction to
staff as needed"
Public Works Director Prima explained that the purpose of the proposed policy was to
encourage walking by having a linking system of pedestrian paths. Phase 1 would offer
grants to cover half the cost of the sidewalk with voluntary participation on a first come, first
served basis focusing on residential parcels. 100% funding would be provided for disabled
persons meeting low-income criteria per the City Uility's SHARE program. A deferral
program would be available for other low-income homeowners. Phase 1 is to be completed
in six years. The annual budget amount for the program is $50,000. Phase 2 of the
program would consist of the remaining parcels from Phase 1, in which property owners
declined to participate and the City would systematically order installation. The property
owner would bear 100% of the cost; however, the low-income deferral program would be
offered. Subdivisions that were approved without sidewalks are excluded from the program.
The City would waive encroachment permit fees for people who participate voluntarily.
Option B proposes 100% City funding with no Phase 2, and Option C would be to handle
sidewalk requests on a case-by-case basis.
Council Member Johnson was opposed to a cost sharing program. Due to the fact that
property owners are responsible for sidewalks fronting their property, he felt they should pay
for the entire cost. He expressed support for the deferral program and low-income
considerations. He noted that the City's General Plan calls for sidewalks and it should be
enforced.
Council Member Hansen felt that the City should share in the cost because it is partly
responsible for the current situation.
Council Member Mounce spoke in support of Option A as presented; however, she
expressed concern regarding forcing residents to put in sidewalks, particularly where
fences or other structures may have to be removed in order to comply.
Mayor Beckman was opposed to the cost sharing proposal and the concept of mandating
the program and then requiring property owners to pay for it.
PUBLIC COMMENTS:
oo Ann Cerney pointed out that the proposal exempts certain affluent neighborhoods built
without sidewalks, and yet poorer areas will be required to install sidewalks at the
homeowners' expense.
Mayor Beckman suggested that sidewalk installation be required when there is a
change of ownership or major repairs are done on the property, in which case the
property owner would be 100% responsible for the cost.
Council Member Mounce expressed support for Mr. Beckman's suggestion.
Council Member Johnson pointed out that Mr. Beckman's suggestion would not solve
the problem, as the ownership of the property may not change for decades. He
recommended that Public Works provide property owners with names of two or three
reputable contractors to perform the sidewalk installation and that City fees be waived.
Council Member Mounce offered another option where property owners pay 100% of the
cost and the City would pay 100% of the cost for low-income and disabled persons.
Continued October 5, 2005
Ann Cerney reported that there are Federal guidelines related to poverty levels and
homes are exempt from the criteria. She noted that very few low-income persons are
homeowners.
Mayor Beckman and Council Member Johnson were opposed to Ms. Mounce's
suggestion.
MOTION / VOTE:
There was no Council action taken on this matter.
K-4 "Adopt resolution authorizing the City Manager, or his designee, to approve advance
procurement of energy (up to 95% of the Electric Utility's net open position) through
Northern California Power Agency (estimated at $11.3 million pursuant to pricing on
9/13/2005)"
Dave Dockham, Interim Electric Utility Director, explained that it is necessary to procure
95% of the net short open position that the Utility has to meet its load serving obligation in
the community. Staff has arranged to have supply proposals given to the Northern
California Power Agency tomorrow at 9:00 a.m. Those supplying the proposals are required
to hold them open for three hours to allow time for evaluation before a decision to purchase
is made.
Mr. Dockham stated that the City has a number of resources that it either has procured in
the form of a contract or it has an ownership share of. Lodi Electric Utility is part of a
seasonal exchange with Seattle City Light in Washington. He explained that utilities in
Central California get energy from the northwest during the summer and utilities here return
that energy to the northwest during the winter. Lodi also has investments in geothermal
facilities and there are contracts signed with the City and three suppliers. There is a small
amount of energy received from the Western Area Power Administration. The City has an
ownership share in the Calaveras hydroelectric project and has a steam injected gas
turbine next to the White Slough Water Treatment Plant.
Mr. Dockham reported that the recent hurricanes in the Louisiana and Texas areas have
decimated the supply infrastructure. A number of natural gas producing facilities are out of
service. Mr. Dockham believed there would be a likelihood of power prices increasing in the
near term months. At the time the staff report was prepared for this item, the cost to
secure the net short position was $11.3 million. Since that time, prices have increased and
it is now projected to cost $13 million. Mr. Dockham reported that the Electric Utility's
budget was adopted in June 2005 with a deficit of $8 million. At that time, it would have
taken a 16% increase in electric rates to get the budget back in balance. Due to the higher
cost of energy since September, that percentage has now increased to 18.9%.
Mr. Dockham asked that the draft resolution for this item be changed from "... at the best
price available on the market pursuant to pricing on September 13, 2005" to "...at the best
price available on the market October 6, 2005. "
Council Member Hansen stated that this situation is why former Electric Utility Director
Alan Vallow was terminated. The City is not covered with an adequate supply of purchased
power and the Council was led to believe it was.
In reply to questions posed by Council Member Hansen, Mr. Dockham acknowledged that
being in the position to respond quickly to market volatility is critical, as is having an
adequate fund balance that can absorb changing prices. He acknowledged that it is
possible for the price to drop below $65 in the next twelve months. He cautioned that by
entering into this contract, the City is equally likely to see prices go down and be criticized
for buying at this level, as it is to have prices go up and be criticized for not buying at this
level when the opportunity existed. The Department of Energy is advising that prices of gas
I
Continued October 5, 2005
are at historic highs at this time ($14 a million BTU) and could increase to $20 in the next
couple of months. NCPA recommends buying power only through June 2006.
Mr. Dockham did not recommend purchasing power only through March 2006. He stated
that it is possible that Lodi's electric rates would be higher than Pacific Gas & Electric.
Currently, energy is costing the City significantly more than what is being charged. Market
Cost Adjustments (MCA) allow for recovery of the true cost of selling electricity to the
community. Rates are set based on the revenue and expense profile of the Utility. Rates
should be set appropriate to the cost structure and the MCA used solely as an adjusting
mechanism.
Finance Director Krueger reported that the actual final 2005-06 budget number for purchase
of power was $39.8 million. He acknowledged that adjustments were made and the
purchase amount is different than what was originally anticipated.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Beckman second, adopted
Resolution No. 2005-219 authorizing the City Manager, or his designee, to approve advance
procurement of energy (up to 95% of the Electric Utility's net open position) at the best
price available on the market October 6, 2005, through NCPA. The motion carried by the
following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Council Member Johnson, Beckman second, voted to continue with
the remainder of the meeting following the 11:00 p.m. hour. The motion carried by the following
vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
K. REGULAR CALENDAR (Continued)
K-5 "Approve use of Request for Proposal process and authorize solicitation of proposals for
purchase of water meters for a Residential Water Meter Retrofit Project"
Public Works Director Prima reported that the 2005-06 budget includes the purchase of a
certain amount of water meters to be installed for testing purposes. Public Works will be
partnering with Electric Utility on an automated meter reading system. Staff will return to
Council in one year with a metered rate recommendation. He confirmed that, with the first
400 water meters, it was staff's intention not to charge for meters or for the installation.
MOTION / VOTE:
The City Council, on motion of Council Member Mounce, Beckman second, approved the
use of the Request for Proposal process and authorized the solicitation of proposals for
purchase of water meters for a Residential Water Meter Retrofit Project. The motion carried
by the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
10
Continued October 5, 2005
K-7 "Approve expenses incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation and various other cases being handled by outside counsel
($115,496.74) and approve Special Allocation covering general litigation matter expenses
($1,966.05)"
City Attorney Schwabauer reviewed the "blue sheet" staff report for this item (filed) and
recommended that Council approve the payment for expenses incurred by outside counsel
and consultants.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, approved
expenses incurred by outside counsel/consultants relative to the Environmental Abatement
Program litigation and various other cases being handled by outside counsel in the amount
of $111,312.74 and approved Special Allocation covering general litigation matter expenses
in the amount of $1,909.05, as detailed below, by the following vote:
Ayes: Council Members — Hansen, Johnson, Mounce, and Mayor Beckman
Noes: Council Members — None
Absent: Council Members — Hitchcock
$108,156.91
Kronick, Moskovitz, Tiedemann & Girard
Folger, Levin & Kahn
Total
Distribution
Matter No.
Invoice No.
Total
Matter No.
Invoice No.
Date
Description
Amount
8002
90293
08/31/05
People v M&P Investments
$31,860.13
221540
08/25/05
General advice
657.10
(3,032.00)
8003
90294
08/31/05
Hartford Insurance Coverage Litigation
$888.28
8006
90296
08/31/05
Fireman's Fund/Unigard Appeal
$20,427.67
416.65
416.65
11233.027
221540
($235.00)
8008
90297
08/31/05
Envision Law Group
$59,107.83
$108,156.91
Kronick, Moskovitz, Tiedemann & Girard
3.155.83 1.909.05 1.246.78
L. ORDINANCES
None.
N. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:24 p.m.
ATTEST:
Susan J. Blackston
City Clerk
11
Total
Distribution
Matter No.
Invoice No.
Date
Description
Amount
100351.7323 183453.7323
11233.021
221539
08/25/05
On -Site Litigation Support
1246.78
1246.78
11233.001
221540
08/25/05
General advice
657.10
657.10
(57.00)
(57.00)
11233.026
221540
08/25/05
Lodi First v. City of Lodi
416.65
416.65
11233.027
221540
08/25/05
Citizens for Open Govt.v.Col
892.30
892.30
3.155.83 1.909.05 1.246.78
L. ORDINANCES
None.
N. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:24 p.m.
ATTEST:
Susan J. Blackston
City Clerk
11