HomeMy WebLinkAboutMinutes - November 17, 2004LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 17, 2004
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of November 17, 2004, was called to order by Mayor
Hansen at 5:03 p.m.
Present: Council Members — Beckman, Hitchcock, Howard, and Mayor Hansen
Absent: Council Members — Land
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 Lodi Police Dispatchers Association pursuant to Government Code
§54957.6
b) 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
C) 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
d) Conference with legal counsel — initiation of litigation: Government Code §54956.9(c); two
cases
e) 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
f) 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
g) 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
h) 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
i) Actual Litigation: Government Code §54956.9(a); one case; City of Lodi v. City of Stockton,
et al., San Joaquin County Superior Court, Stockton Branch, Case No. CV024720
j) Actual Litigation: Government Code §54956.9(a); one case; City of Stockton v. City of Lodi,
San Joaquin County Superior Court, Stockton Branch, Case No. CV024859
k) Actual Litigation: Government Code §54956.9(a); one case; Stockton Family Farmers
Coalition v. City of Lodi, et al., San Joaquin County Superior Court, Stockton Branch, Case
No. CV024860
C-3 ADJOURN TO CLOSED SESSION
At 5:03 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:43 p.m.
Continued November 17, 2004
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:03 p.m., Mayor Hansen reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
In regard to Item C-2 (a), this item was pulled from the closed session calendar.
In regard to Item C-2 (b), negotiation and settlement direction was sought and obtained.
In regard to Items C-2 (c), (e), (f), (g), (h), (i), 0), and (k), no reportable action was taken in closed
session.
In regard to Item G2 (d), on a vote of 40, direction was given to continue delaying the audit of
Envision Law Group. The matter will be reconsidered in January 2005.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of November 17, 2004, was called to order by Mayor Hansen at
7:03 p.m.
Present: Council Members — Beckman, Hitchcock, Howard (arrived at 7:19 p.m.), 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 Bill Sherrill, Lodi Police Chaplains.
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
D-3 (a) Elisa Villarreal and Kevin Howard, members of the Greater Lodi Area Youth Commission,
acknowledged the Teen of the Month, Amanda Rausch from St. Mary's High School.
D-3 (b) Janet Hamilton, Management Analyst II, presented an overview of the December 2 Hospice
Tree Lighting and 9th Annual Parade of Lights events.
D-3 (c) Dennis Lewis, President of Lodi Adopt -A -Child, reviewed its upcoming Christmas program
and encouraged everyone to participate.
Interim City Manager Keeter announced that Hans Hansen, Electric Utility Engineering &
Operations Manager, would be retiring on Friday and thanked him for his 30 years of service
to the City.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Hansen second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
E-1 Claims were approved in the amount of $5,466,031.07.
2
Continued November 17, 2004
E-2 The minutes of October 6, 2004 (Regular Meeting), November 2, 2004 (Shirtsleeve
Session), November 2, 2004 (Special Meeting), November 9, 2004 (Shirtsleeve Session),
and November 10, 2004 (Special Meeting) were approved as written.
E-3 "Approve plans and specifications and authorize advertisement for bids for Lower
Sacramento Road Widening, Harney Lane to Kettleman Lane, and adopt resolutions
authorizing the City Manager to sign project agreements" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
E-4 Adopted Resolution No. 2004-241 approving the plans and specifications, authorizing
advertisement for bids, and further authorizing the City Manager to award or reject all bids
for Blakely Park/Enze Pool plastering, 1050 S. Stockton Street, in an amount not to
exceed $45,000.
E-5 Adopted Resolution No. 2004-242 approving specifications, authorizing advertisement for
bids, and further authorizing the City Manager to award or reject all bids for the purchase of
a heavy-duty electric floor scrubber in an amount not to exceed $12,000.
E-6 Adopted Resolution No. 2004-243 awarding the purchase of ten self-supporting direct
imbedded steel poles to the low bidder, Thomas & Betts, Corp., of Memphis, TN, in the
amount of $160,523.80.
E-7 Adopted Resolution No. 2004-244 authorizing the City Manager to authorize payment for
City of Lodi/Lodi Unified School District Wash Bay Engineering to T. Mitchell Engineers and
Associates, of Oakland, in the amount of $20,000, and appropriating funds in accordance
with staff recommendation.
E-8 Accepted improvements under the `City cf Lodi/Lodi Unified School District Compressed
Natural Gas Fueling Station Equipment for facility at 820 South Cluff Avenue" contract.
E-9 Accepted improvements under the "City of Lodi/Lodi Unified School District Compressed
Natural Gas Fueling Station Construction for facility at 820 South Cluff Avenue" contract.
E-10 Adopted Resolution No. 2004-245 accepting improvements at 250 North Cherokee Lane
and appropriating funds in the amount of $17,000 for required reimbursements.
E-11 Adopted Resolution No. 2004-246 accepting improvements at 847 North Cluff Avenue.
E-12 Adopted Resolution No. 2004-247 accepting improvements at 233 and 267 North Mills
Avenue.
E-13 Adopted Resolution No. 2004-248 approving Pixley Park Land Exchange Agreement and
directing the City Manager and City Clerk to execute the agreement and related
improvement agreements on behalf of the City.
PUBLIC COMMENTS:
oo Ken Knowles, on behalf of Tokay Radio Control Modelers, thanked Council for its
support of the club over the past 33 years. He noted that G -REM has been gracious
enough to allow the club to continue to use Pixley Park until construction begins. The
club is negotiating with the County for a potential new site on Liberty Road.
E-14 Adopted Resolution No. 2004-249 approving the improvement agreement for public
improvements for 1175 South Guild Avenue, directing the City Manager and City Clerk to
execute the agreement on behalf of the City, and appropriating funds in the amount of
$89,410 for the required reimbursements.
Continued November 17, 2004
E-15 "Adopt resolution approving improvement agreement for public improvements of Harney
Lane Canal Crossing and appropriating funds for applicable reimbursements ($832,000)"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-16 Adopted Resolution No. 2004-250 approving the application for a Congestion Mitigation and
Air Quality Grant for the purchase of ten compressed natural gas Dial -A -Ride vehicles in the
amount of $800,000 to the San Joaquin Council of Governments.
E-17 Adopted Resolution No. 2004-251 authorizing the City Manager to increase the
appropriation by $51,000 on the professional services agreement with Power Engineers,
Inc. for engineering services associated with the Killelea Substation reconstruction project.
E-18 Adopted Resolution No. 2004-252 authorizing the City Manager to execute the electric
service base resource percentage agreement 00 -SNR -00327 for Western Area Power
Administration between Northern California Power Agency and the City of Lodi.
E-19 Adopted Resolution No. 2004-253 approving service agreement with Innovative Claims
Solutions, Inc. for the administration of worker's compensation claims for the period of
October 1, 2004 through September 30, 2005, with an increase d 2.0% over the current
annual fee ($82,154.40).
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-3 "Approve plans and specifications and authorize advertisement for bids for Lower
Sacramento Road Widening, Harney Lane to Kettleman Lane, and adopt resolutions
authorizing the City Manager to sign project agreements"
PUBLIC COMMENTS:
The following individuals spoke in favor of a southbound to eastbound left -turn lane at the
Sunwest Plaza Shopping Center driveway:
00 Brad Clark, representing the Food For Less store;
0o John DiNapoli, partner with Browman Development;
00 Milton Stirm, owner of Subway sandwich shop;
0o Dean Ruiz, of the law dfice of Hakeem, Ellis, and Marengo, spoke on behalf of Food
For Less;
00 David Knox, partner in Applebee's restaurant;
0o Dan McNeer, Property Manager for Browman Development, who submitted letters from
J.C. Penney Company, Hollywood Video, and Strings Italian Cafe (all filed); and
00 Darryl Browman of Browman Development.
Public Works Director Prima displayed overhead maps showing staffs recommendation as
outlined in the staff report, and an overhead showing an alternative design as proposed by
Browman Development with a left -turn lane. He acknowledged that the left -turn lane
alternative meets design standards as long as the design speed is lowered from 60 mph to
45 mph. In conjunction with approval of a left -turn lane he asked Council to also consider
the following: 1) a provision for additional cost of design and construction; 2) dedication of
additional right of way on the west side of Lower Sacramento Road, 3) removal of four
parking spaces including one handicapped space on the south side, and 4) elimination of
left turn into first (west) aisle. M•. Prima stated that if all these recommendations were
approved he would be supportive of the left -turn lane request; however, he noted that it may
need to be removed in the future if traffic changes warranted it.
0
Continued November 17, 2004
Fred Choa of Fehr & Peers Associates Inc., the transportation sub -consultants on the
Lower Sacramento Road Widening Project, reported that based on cumulative build out of
the City of Lodi, surrounding San Joaquin County, the development that is proposed on
Century Boulevard and Harney Lane — year 2025 conditions arrive at certain traffic volumes
for the intersection. All the approaches to the intersection at Lower Sacramento Road and
Kettleman Lane would have dual lefts. The required stacking distance for the northbound
left -turn required the dual left turns and pocket length to serve cumulative traffic conditions.
Mayor Hansen and Council Member Howard disclosed that they met with Darryl Browman
prior to the meeting.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Howard second, unanimously took
the following actions:
oo Adopted Resolution No. 2004-254 approving the plans and specifications and
authorizing advertisement for bids for Lower Sacramento Road Widening, Harney Lane
to Kettleman Lane, and authorizing the City Manager to sign the San Joaquin Council
of Governments Measure K Construction and Construction Management Cooperative
Agreement for Lower Sacramento Road improvements and future amendments;
oo Adopted Resolution No. 2004-255 authorizing the City Manager to sign the San Joaquin
County Cooperative Agreement for the construction and maintenance of Lower
Sacramento Road and future amendments; and
oo Approved the southbound to eastbound left -turn lane at Sunwest Plaza Shopping
Center driveway with the following stipulations:
➢ Reduction in design speed from 60 mph to 45 mph.
➢ Provision for additional cost of design and construction.
➢ Dedication of additional right of way on west side of Lower Sacramento Road.
➢ At driveway: 1) parking space removal (four spaces, including one handicapped
space on south side) and 2) turn restriction/raised bumpers — eliminate left turn into
first (west) aisle.
Council Member Howard asked staff to consider adding 20 -minute parking signage or
another handicap parking location on the opposite side of Subway.
Mayor Pro Tempore Beckman asked that the left -turn lane be revisited after the traffic light
is installed and development of the southwest corner is completed.
Council Members Hitchcock and Land agreed with Mr. Beckman's comment and felt that it
should be changed if safety becomes an issue.
E-15 "Adopt resolution approving improvement agreement for public improvements of Harney
Lane Canal Crossing and appropriating funds for applicable reimbursements ($832,000)"
At the request of Council Member Hitchcock, Public Works Director Prima described the
process for reimbursement for construction of facilities as outlined in Lodi Municipal Code
Section 15.64.080. He explained that in this case the canal crossing was a major cost
element that was not directly linked to the project.
PUBLIC COMMENTS:
oo Steve Pechin, of Baumbach and Piazza, explained that the funds to build the canal
crossing had been collected from all the developments in the area, as it had been in the
fee program for many years.
Continued November 17, 2004
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Beckman, Land second, unanimously
adopted Resolution No. 2004-256 authorizing the following actions:
Approving the improvement agreement for the Harney Lane canal crossing
improvements and directing the City Manager and City Clerk to execute the
improvement agreement on behalf of the City; and
Appropriating funds in the amount of $832,000 for applicable reimbursements.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
RECESS
At 9:00 p.m., Mayor Hansen called for a recess, and the City Council meeting reconvened at
9:10 P.M.
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 a
development agreement between the City of Lodi and GFLIP III, L.P., relating to the
development known as Electronic Display Sign to be located at 1251 South Beckman
Road.
Community Development Director Bartlam recalled that in April Council first conducted a
public hearing relative to an appeal filed by Key Advertising to the Planning Commission's
decision to deny a use permit and variance. At that time, it was explained to Council the
findings necessary in order for the variance to be approved. An alternative was also
discussed that would create a development agreement that would allow the sign to move
forward without violating the City's zoning ordinance. The proposal before Council is for a
75 foot tall electronic display sign that would be built on the north end of the existing Dodge
dealership next to the Kia building. It would advertise the Geweke Auto Group in a
standard sign display and have a changeable electronic display message board. The sign
would be 480 square feet per face. In April, Dale Gillespie, representing Key Advertising
and the Geweke Auto Group, suggested that it would be willing make a number of
concessions in order to have the sign approved. The properties included in the development
agreement include: 1) the Dodge/Chrysler dealership, 2) the vacant parcel across the
street, 3) the Toyota dealership, 4) C -Basin, and 5) the Recreational Vehicle (RV)
dealership. The agreement contemplates that there would be no further freeway signs on
those parcels, the removal of the existing Toyota freeway sign, and sets an allowance for
the height of future monument signs. The agreement provides for the use of the sign by
community organizations for 10% of the display period and would also participate in the
Amber Alert program. The agreement requires the removal of the RV dealership sign, to
which Mr. Gillespie is opposed. The Planning Commission considered and recommended
approval of the agreement on October 27.
Council Member Howard was not in favor of the time and temperature being displayed and
felt that all of the advertising time should be devoted to promoting the dealerships.
Hearing Opened to the Public
oo Dale Gillespie acknowledged that he contacted all Council Members prior to this
meeting and asked that they adopt the development agreement without the requirement
to remove the RV dealership sign. He explained that over 60% of RV sales come from
3
Continued November 17, 2004
outside the Lodi/Stockton area and they are marketed differently than automobiles. His
firm is willing to refurbish and re -clad the RV sign so it will have a uniform appearance
to the new sign being erected. In response to Ms. Howard's comments, Mr. Gillespie
was not opposed to dispensing with the time and temperature display if Council
desired; however, he felt that the community service displays would be beneficial.
00 Dennis Haugan, Planning Commissioner, stated that the staff report for this item
includes more information than the Commission had when it considered the matter on
October 27. He believed that Mr. Gillespie's request is valid and reasonable and he
encouraged Council to approve the development agreement without the requirement to
remove the RV sign.
Public Portion of Hearing Closed
MOTION:
Mayor Pro Tempore Beckman made a motion, Land second, to adopt Resolution No. 2004-
257 approving the development agreement, with the exception that the RV sign that
currently exists be retained, between the City of Lodi and GFLIP III, L.P., relating to the
development known as Electronic Display Sign to be bcated at 1251 South Beckman
Road, and further authorizing the City Manager to execute Development Agreement No. 04-
01 on behalf of the City of Lodi
DISCUSSION:
Council Member Hitchcock voiced support for the recommendation of the Planning
Commission and staff.
Council Member Howard asked that the maker of the motion consider removal of the time
and temperature dsplay from the electronic sign, to which Mayor Pro Tempore Beckman
stated that he preferred to give the option to the sign owner.
Mayor Hansen favored retaining the time and temperature display.
At the request of Mayor Pro Tempore Beckman, Mr. Gillespie clarified that his firm would
re -clad the two RV sign posts in a material that would match the new sign in color and
finish. New cladding would be added around the message areas to give it an aesthetically
similar look to the new sign.
MOTION AMENDED / VOTE:
Mayor Pro Tempore Beckman amended his motion to include a requirement that the RV
sign be refurbished. Council Member Land agreed to the amended motion. The motion
carried by the following vote:
Ayes: Council Members — Beckman, Howard, Land, and Mayor Hansen
Noes: Council Members — Hitchcock
Absent: Council Members — None
G-2 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor 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.
Dale Gillespie withdrew his appeal of the February 11, 2004 Planning Commission decision
to deny a use permit and variance request.
7
Continued November 17, 2004
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, unanimously accepted
the withdrawal of the appeal by Dale Gillespie.
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 — None
REGULAR CALENDAR
1-1 "Adopt resolution approving addendum #3 to Lodi Boys and Girls Club City lease to
accommodate F&M Bank financing"
NOTE: Due to a potential conflict of interest related to his employment with Farmers and
Merchants Bank, Council Member Land abstained from discussion and voting on this
matter and vacated his seat at the dais.
Interim City Manager Keeter noted that the Boys and Girls Club is located at Blakely Park
on City -owned property. The City has a lease agreement with the Boys and Girls Club. In
October 1999 the Boys and Girls Club entered into a loan agreement with Farmers and
Merchants Bank. The bank required that the Club have an addendum to the City's lease
agreement securing the debt on the loan. The loan was secured through the Weybret
Trust. The payments are made directly from the Weybret Trust to F&M Bank, essentially
paying off the mortgage for the Club. The amount in 1999 was $373,000 and it has been
paid down to $165,000. Ms. Keeter stated that the Boys and Girls Club is going through
financial challenges at this time. The Club has a line cf credit with the Bank of Lodi for
$100,000. The Club now proposes to take that line of credit to F&M Bank who would pay
off the Bank of Lodi and provide them with an additional $50,000. F&M Bank is agreeable
to this arrangement on the condition that the loan is secured/guaranteed by the City. Ms.
Keeter pointed out that Lease Addendum No. 2 guaranteed a capital project (a building),
whereas Lease Addendum No. 3 is for $315,000 and is "more of an operating budget." If
the Club defaults on the loan, the City would take over the building and the loan payments.
F&M Bank has stated that the $150,000 loan would be for a term of five or seven years with
a monthly payment between $2,100 to $2,800 per month.
Council Member Howard noted that Addendum No. 2, section 3, stipulates that a new
tenant must be a qualified 501(c)(3) tax exempt/non-profit organization. She felt that the
City should have the option to decide on the tenant and asked that this be changed
accordingly in Addendum No. 3.
PUBLIC COMMENTS:
00 Richard Jones, President and Chief Executive Officer of the Boys and Girls Club,
reported that over the past three years the Club has had operating budgets decrease by
more than $200,000. The line of credit is needed for those times in the year when
fundraisers or special events do not make their goals, or if contributions continue to
decline. The line of credit with the Bank of Lodi could be called as early as January
2005. If the request is approved tonight the Club will pay off the $100,000 line of credit
at the Bank of Lodi and it will become a five- to seven-year loan with F&M Bank with an
additional $50,000 revolving line of credit. He felt that the Club would be "on stable
ground" with the proposed loan. He noted that the Board of Directors recently hired a
grant writer, which he hoped would help the financial situation. He explained that two
years ago the Bo Katzakian Foundation was created. To date, the Foundation has
raised $300,000. The Club receives 5% of the Foundation's investments.
8
Continued November 17, 2004
In answer to Council Member Howard, Mr. Jones reported that the Community
Partnership for Families pays the Club $2,500 each month for rent of a portion of the
facility.
Council Member Hitchcock agreed with Ms. Howard's previous suggestion regarding
elimination of language specifying that a tenant of the building be a non-profit organization.
City Attorney Schwabauer suggested the following amendment to section 3 of the
Addendum:
In the event of default by Club, which results in Club being unable to continue to
occupy the premises and improvements pursuant to the lease,
,
City shall, at its own option, either assume the loan or pay off the balance owning on
the loan. In either case, City shall then have sole ownership and control of the
improvements.
Mayor Pro Tempore Beckman pointed out that this request would expand the risk and
liability to the City for $150,000. He commented that his views on government charity were
well known and he was opposed to this request for reasons articulated previously.
MOTION/ VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, adopted
Resolution No. 2004-258 approving addendum #3, as amended, to Lodi Boys and Girls Club
City lease to accommodate F&M Bank financing. The motion carried by the following vote:
Ayes:
Council Members —
Hitchcock, Howard, and Mayor Hansen
Noes:
Council Members —
Beckman
Absent:
Council Members —
None
Abstain:
Council Members —
Land
NOTE: The following items were discussed and acted upon out of order.
1-3 "Authorize temporary modular building to be moved to the Lodi Animal Shelter and
authorize the City Manager to approve a Memorandum of Understanding with People
Assisting Lodi Shelter"
Jeannie Biskup, Police Volunteer Supervisor, explained that People Assisting Lodi Shelter
(PALS) was a non-profit group of citizens whose goal is to assist the shelter staff in
housing adoptable cats and in aiding and increasing pet adoptions. PALS will pay monthly
rent to Meehleis Modular Buildings. The building will help to alleviate problems with
disease control at the shelter. Electric Utility and Public Works will facilitate moving the
building from its current location at the Kofu Skate Park.
PUBLIC COMMENTS:
oo Sharon Sims introduced herself as a Sacramento attorney representing PALS on a pro
bono basis. She stated that the modular building is intended as an adoption and
education center. It is a way to remove healthy adoptable cats from the shelter to
assist with disease control. PALS does not at this time have enough volunteers to staff
the adoption facility on a full-time basis and will be depending on City staff to serve in a
back up capacity at times. The animals would remain the property of the City.
E
Continued November 17, 2004
Council Member Land emphasized that Council needs to find a way to build a new animal
shelter and believed it could produce revenue for the City if it were planned right.
MOTION:
Mayor Hansen made a motion, Beckman second, to authorize a temporary modular
building to be moved to the Lodi Animal Shelter and authorize the City Manager to approve
a Memorandum of Understanding with People Assisting Lodi Shelter.
DISCUSSION:
In response to Council Member Hitchcock, Interim City Manager Keeter reported that
Meehleis Modular Buildings has offered to move the building at no cost. The City will make
utility payments. She confirmed that no additional staff would be hired to operate the
adoption and education center.
Electric Utility Director Vallow stated that the pad to accommodate the modular building
would later be used as a `lay down area" for the Utility's equipment once the new animal
shelter is built. He stated that it was a cost already budgeted for work that would be done
in preparation for the new Municipal Service Center east campus.
Referencing the "blue sheet" Memorandum of Understanding (filed), City Attorney
Schwabauer stated that he met with PALS representatives previously and had reviewed the
agreement. He acknowledged that it would open the City to liability for acts that PALS
volunteers engaged in on the shelter premises, for which he asked for a reciprocal
indemnity clause and insurance in the agreement. The City would agree to take over the
rent for the building if PALS vacated it and it remained on City property; however, the City is
not obligated to operate it.
VOTE:
The above motion carried by a unanimous vote.
1-2 "Adopt resolution approving encroachment agreement and reimbursable costs and
accepting improvements for Woolworth Place Alley, 115 South School Street ($50,000)"
Public Works Director Prima reported that the owners of the old Woolworth building have
completed work on a major upgrade of the building and adjacent alley. He described three
reimbursement options which were outlined in the staff report and recommended that
Council grant the full amount remaining in the Business Attraction Fund ($50,000) and
close the program.
Community Development Director Bartlam estimated that the owners, Downtown Partners,
spent $100,000 on alley public improvements.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Beckman second, unanimously
adopted Resolution No. 2004-259 approving the encroachment agreement and reimbursable
costs, by granting the remaining $50,000 left in the Business Attraction Fund and closing
the program, and accepting improvements for Woolworth Place Alley, 115 South School
Street.
1-4 "Adopt resolution approving Treadwell and Rollo Task Order for additional groundwater
monitoring wells"
Public Works Director Prima reported that previous work done in the Central Plume
revealed that the plume is further south and deeper than was previously understood. He
stated that the following additional Central Plume investigative work is needed:
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Continued November 17, 2004
Planning
$12,000
Field Investigation:
2001
2 CPT wells
$28,000
2 deeper groundwater sampling wells
$164,000
13 additional monitoring wells
$177,000
Data compilation and report preparation
$30,000
Contingencies
$25,000
Mr. Prima noted that the total amount
of $436,000 would
Water and Wastewater Funds.
$201,029.74
MOTION / VOTE:
be split equally between the
The City Council, on motion of Mayor Pro Tempore Beckman, Hansen second,
unanimously adopted Resolution No. 2004-260 approving Treadwell and Rollo Task Order
for additional groundwater monitoring wells in the amount of $436,000.
1-5 "Approve expenses incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation and other various cases being handled by outside counsel
and approval of Special Allocation covering general litigation matter expenses"
City Attorney Schwabauer reviewed a "blue sheet' staff report (filed) that itemized invoices
totaling $306,836.67 from legal firms. He pointed out that Matter Nos. 2001 and 2002 for
$72,000 were related to the Lehman Brothers case. Matter M. 8002 for $201,029.74
pertains to the M&P case. The firm Kronick, Moskovitz, Tiedemann & Girard (KMTG)
submitted two invoices for $15,756.86 and $7,882.96 for work related to the Stockton
Sphere of Influence matter. KMTG also billed for $2,686.90 for Mrk related to the Phelps
case, which Mr. Schwabauer stated he would be transferring to Deputy City Attorney
Magdich. KMTG submitted an invoice in the amount of $1,726.76 for general advice given
to Mr. Schwabauer.
In answer to Mayor Hansen, Finance Director Krueger confirmed that there were sufficient
cash balances in the Water, Wastewater, and General Funds to cover the invoices.
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, unanimously approved
the expenses incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation and other various cases being handled by outside counsel in
the amount of $306,836.67 and approved Special Allocation covering general litigation
matter expenses in the amount of $4,413.66, all as shown below:
Matter Invoice
No.
No.
Amount
2001
84159
$ 41,865.28
(- 4,097.50)
2002
84164
$ 31,889.88
8001
84241
$ 500.93
8002
84146
$201,029.74
(- 2,521.00)
8003
84247
$ 3,272.33
8005
84246
$ 358.30
8007
84244
$ 5,332.00
8008
84245
$ 97.50
$277,727.46
FUNDING: Water $151,211.50
Wastewater $151,211.51
General Fund $4,413.66
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Matter Invoice
No. No. Amount
11233.001 216073 $ 1,726.76*
11233.003 216073 $ 804.89
11233.010 216073 $ 2,686.90*
11233.017 216073 $ 250.84
11233.022 216073 $ 15,756.86
11233.023 216073 $ 7.882.96
$ 29,109.21
*Special Allocation
GRAND TOTAL OF ALL INVOICES:
$306.836.67
Continued November 17, 2004
J. ORDINANCES
None.
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Howard noted that tonight was her last full meeting as a City Council Member.
Ms. Howard stated that she cherished the last four years and felt privileged to serve as a
Member of the Lodi City Council. Ms. Howard commented that she has returned her notebook
computer to the City for use by a newly elected Council Member. She felt that the conversion
of the paper Council agenda packet to an electronic format has been one of the best
improvements that had taken place in recent years. She congratulated City Clerk Blackston for
having reached the goal she set and thanked her staff for their work in accomplishing this
project, which has advanced the City in many ways.
oo Council Member Land stated that during the past eight years he served on the Council he found
City staff to be professional and dedicated, even during difficult times. He asked appointees to
relay his message to all employees.
00 Mayor Hansen wished everyone a happy Thanksgiving Day. He asked Interim City Manager
Keeter to follow up on weed abatement at the intersection of Hutchins Street and Lodi Avenue.
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
None.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:04 p.m.
ATTEST:
Susan J. Blackston
City Clerk
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