HomeMy WebLinkAboutMinutes - August 2, 2006LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 2, 2006
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of August 2, 2006, was called to order by Mayor
Hitchcock at 6:05 p.m.
Present: Council Members — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and Interim City Clerk Perrin
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) 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
b) 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
C) Actual litigation: Government Code §54956.9(a); one case; Peter Rose et al. v. the City of
Lodi, et al.; United States District Court, Eastern District of California, Case No. CIV.S-05-
02229
C-3 ADJOURN TO CLOSED SESSION
At 6:05 p.m., Mayor Hitchcock adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:12 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:18 p.m., Mayor Hitchcock reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following actions.
Item C-2 (a) was discussion only.
In regard to Item C-2 (b), settlement direction was provided regarding one of the carriers.
Item C-2 (c) was not discussed.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of August 2, 2006, was called to order by Mayor Hitchcock at
7:18 p.m.
Present: Council Members — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and Interim City Clerk Perrin
B. INVOCATION
The invocation was given by Lieutenant Dan Williams, Salvation Army.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hitchcock.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
Continued August 2, 2006
D-2 Proclamations — None
D-3 (a) Mayor Hitchcock presented a Resolution of Appreciation to Hayden Goni Johnson for his
donation of the artwork piece titled "Lodi Lake Revisited" to the City of Lodi. Hayden chose
to donate the painting to the City of Lodi in celebration of its Centennial.
D-3 (b) Interim City Clerk Perrin introduced former City Clerk, Alice Reimche, who gave an update
on the following Heritage Celebration events scheduled for the weekend of August 19 to 21,
2006:
Saturday, August 19
00 Pancake breakfast, sponsored by the Kiwanis Club from 8 to 11 a.m. in the parking lot
at Walnut and Sacramento Streets;
0o Kick-off ceremony at the Lodi Train Depot, which will include the Lodi Community
Band, visiting dignitaries, and entertainment. The Lodi Historian publication entitled,
"Mokelumne," and children's activity books and crayons will be distributed to visitors.
The books were printed by the Lodi Unified School District and have been made
available to each school principal;
00 Historical tours of Lodi on the GrapeLine trolley. The tours include a map with 14
designated sites and will depart every hour from the Lodi Train Depot;
0o Vintage car show featuring 250 vintage cars on display from the American Steel Car
Club on School Street, between Pine Street and Lodi Avenue;
00 Exhibit of vintage photographs from the Bank of Stockton at the Gold Room of the Hotel
Lodi;
0o Victorian High Tea at the Lodi Woman's Club, one at 11 a.m. and a second seating at
3 p.m. The Lodi Historian publication on the history of the Woman's Club will be
distributed to attendees; and
0o Silent movie night at Hutchins Street Square at 7 p.m., at which Lodi mayors will be
honored and recognized. Several prizes will be awarded, including a $1,000 gift
certificate for a family trip to Disneyland.
Sunday, August 20
0o Church bells throughout Lodi will chime at 1 p.m.;
0o An inter -denominational church service will be held at the United First Methodist
Church at 3:30 p.m.; and
0o A concert in the park will be held at Hutchins Street Square at 6 p.m., preceded at
5 p.m. by free ice cream compliments of Umpqua Bank.
Monday, August 21
Ron Williamson provided an update regarding the Heritage Golf Tournament, which will be
held at the Woodbridge Golf and Country Club. The cost is $85 and includes green fees,
range balls, continental breakfast, golf cart, gourmet lunch, and outstanding tee prizes.
There will be three hole -in -one opportunities to win cars donated by Geweke Motors.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Hansen, Beckman second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $2,694,423.57.
E-2 The minutes of June 20, 2006 (Shirtsleeve Session) were approved as written.
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Continued August 2, 2006
E-3 Approved the plans and specifications and authorized advertisement for bids for pool deck
improvements at Blakely Park — Enze/Field Pool Complex, 1050 S. Stockton Street.
E-4 Approved the plans and specifications and authorized advertisement for bids for
Water/Wastewater Replacement Program (Project No. 3, Greater Downtown Area).
E-5 Approved the specifications and authorized advertisement for bids for polemount and
padmount transformers for the Electric Utility Department.
E-6 Adopted Resolution No. 2006-145 awarding the bid for 20,000 feet of #1/0 600 -volt triplex to
Hughes Utilities, of Portland, Oregon, in the amount of $20,817.30.
E-7 Adopted Resolution No. 2006-146 awarding the contract for Municipal Service Center
Additional Compressed Natural Gas Installation Project to Performance Mechanical, Inc., of
Pittsburg, California, in the amount of $44,602, and appropriated additional funds in the
amount of $10,000 in accordance with staff recommendation.
E-8 Adopted Resolution No. 2006-147 awarding the contracts for necessary process chemicals
for the White Slough Water Pollution Control Facility to Basic Chemical Solutions, of Santa
Fe Springs, California, in the amount of $46,000, and to Polydyne, of Riceboro, Georgia, in
the amount of $29,200.
E-9 Adopted Resolution No. 2006-148 approving work by West Yost & Associates for ongoing
regulatory activities at the White Slough Water Pollution Control Facility and appropriating
funds in the amount of $119,100 in accordance with staff recommendation.
E-10 Adopted Resolution No. 2006-149 approving final map and improvement agreement for
Interlake Square, Tract No. 3532 (north of Park Street between School Street and
Sacramento Street).
E-11 Approved the fares for Cultural Homestay International (a non-profit organization) use of
transit services for calendar years 2006 and 2007.
E-12 "Adopt resolution authorizing the City Manager to execute an agreement with the World of
Wonders Science Museum for an option to lease and a subsequent lease of retail space in
the Lodi Station Parking Structure" was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar.
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
E-12 "Adopt resolution authorizing the City Manager to execute an agreement with the World of
Wonders Science Museum for an option to lease and a subsequent lease of retail space in
the Lodi Station Parking Structure"
Council Member Hansen requested an update on the efforts of the Science Museum.
PUBLIC COMMENTS:
oo Sally Snyde, representing the World of Wonders Science Museum, reported that there
has been one private fundraiser event to date and another six events are being planned
for the future, including the upcoming fundraiser scheduled for September 2 at Lodi
Lake for the entire community. Ms. Snyde has made presentations at various service
clubs and intends to continue that effort with local organizations and businesses.
Anyone wishing to contribute to the museum may send donations to The World of
Wonders Science Museum, P.O. Box 1671, Woodbridge, CA 95258. In response to
Continued August 2, 2006
Mr. King, Ms. Snyde reported that one of the fundraisers was to sell various elements
from the periodic table, for which the contributors' names would be permanently
displayed at the Science Museum. There are a few elements remaining for sale, and
anyone interested was urged to visit the Web site at www.wowsciencemuseum.oro.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, unanimously
adopted Resolution No. 2006-150 authorizing the City Manager to execute an agreement
with the World of Wonders Science Museum for an option to lease and a subsequent lease
of retail space in the Lodi Station Parking Structure.
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
co Yoeum Barron, Group Sales Manager with the Lodi Conference and Visitors Bureau (LCVB),
announced that it will be hosting a free two-hour class for companies who are interested in
doing business with tour operators. The class will focus on ideas for restaurants, hotels, and
attractions to work with tourism groups and will be held on August 9 from 2 to 4 p.m. in the
Cellar Room at Wine and Roses. Anyone interested in attending the class may contact the
LCVB at 365-1195. Further, Ms. Barron announced that the LCVB reached a milestone by
filling more requests for visitor information over the last year. Total requests for 2005 were
1,392, and as of June 30, 2006, the number of requests reached 1,474.
00 Elton Loh distributed information regarding live organ harvesting from Falun Gong practitioners in
China (filed) and encouraged people to sign a statement of support at
www.investigation.go.sveinter.net/ in order to spread the word on this issue.
co Jenny Loh, as translated by Elton Loh, presented information regarding the Falun Dafa, also
known as Falun Gong (filed), and spoke of persecution by the Chinese Government.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Hansen reported that the Northern California Power Agency Commission
recently voted to sell power to the city of Roseville, from which the City of Lodi will realize
$101,000 in proceeds. At a recent San Joaquin Council of Governments (SJCOG) meeting, the
board received a presentation on the California Inter -Regional Inter -Mobile System Rail
Transportation Implementation Planning Study, which is a long-term implementation plan for a
rail shuttle system to connect the Port of Oakland with freight hubs and inter -mobile facilities in
the San Joaquin valley. The concept is that freight containers would come into the Port of
Oakland and be loaded onto trains that come into the San Joaquin valley; thereby, eliminating
hundreds of trailer rigs on the freeways, which would improve the quality of air. The full report is
available on SJCOG's Web site at www.smcog.org. Mr. Hansen stated that he enjoyed the
National Night Out event this year and was impressed with the kindness of those he visited,
particularly in light of the many challenges presently facing the community. To reduce the
amount of complaints from those whose vehicles are towed from the Farmers Market and the
Parade of Lights, Sergeant Patterson suggested to him that the City consider towing vehicles to
a temporary City lot, rather than to the storage yard. Often times, the no parking signs will fall
down due to inclement weather or people do not see the signs. The cars are typically claimed
quickly and this would eliminate the high cost of the gate fees to retrieve vehicles and also
reduce the number of complaints. He encouraged staff to support this proposal by the Lodi
Police Department and suggested that it be brought back to Council.
00 Mayor Pro Tempore Johnson reported that the San Joaquin Partnership, which is a public-
private partnership for economic development in this area, is very supportive of the California
Inter -Regional Inter -Mobile System Rail Transportation Implementation Planning Study that Mr.
Hansen mentioned earlier. This plan is a positive step for the San Joaquin valley in terms of
economic development, as the Port of Stockton is under-utilized and this would create
additional jobs within the county.
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Continued August 2, 2006
00 Mayor Hitchcock requested that the issue of a growth moratorium be scheduled for a future
meeting. She felt the City did not have adequate staff to handle the numerous projects moving
forward, including the Westside Master Plan, Southwest Gateway, Reynolds Ranch, and the
future project at Mills Avenue and Harney Lane, with over 4,000 homes proposed to be built.
The City does not have the ability to move forward at the pace at which developers would prefer,
and she believed the City did not have a General Plan in place that provides a vision for what the
community should look like beyond Harney Lane.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo City Manager King announced that the City offers a budget billing program that levels out
electric bills over a 12 -month period. Customers could spread the high summer bills over the
low winter months and create a balanced payment plan. To qualify for the program, customers
must establish a previous 12 -month history of paying electric bills and have the account paid in
full. He encouraged anyone interested in the program to contact the City of Lodi Finance
Department at 333-6719. Presently, there are approximately 1,500 people who take advantage
of the program.
PUBLIC HEARINGS
None.
J. COMMUNICATIONS
J-1 Claims filed against the City of Lodi — None
J-2 The following postings/appointments were made:
a) The City Council, on motion of Mayor Pro Tempore Johnson, Hitchcock second,
unanimously made the following appointments:
Greater Lodi Area Youth Commission
Student Appointees:
Jordan McCroskey Term to expire May 31, 2007
Jonathan Newman Term to expire May 31, 2007
J-3 Miscellaneous — None
K. REGULAR CALENDAR
K-1 "Provide direction regarding land lease with the Community Partnership for Families of San
Joaquin for construction of a Family Resource Center at Blakely Park and to provide 40
hours in-kind project management assistance from he Public Works Department prior to
execution of the lease"
City Manager King reminded that Council previously considered this matter on May 17 and
directed staff to further discuss with the Community Partnership for Families (CPF) various
issues regarding a land lease at Blakely Park on the Lodi Boys and Girls Club site. The
proposed 5,140 square foot facility would house the activities of CPF, and should Council
opt to pursue the land lease, staff would recommend approval of up to 40 hours of in-kind
services by the Public Works Department to assist with project management. CPF, which
is a non-profit organization, has proposed that the lease be offered to it at very low terms,
similar to that of the Lodi Boys and Girls Club, and the organization would solicit funds or
grants for construction of the facility. This matter has been discussed at the Parks and
Recreation Commission level.
Continued August 2, 2006
PUBLIC COMMENTS:
oo Robina Asghar, representing CPF, encouraged the Council to approve the land lease at
Blakely Park for the purpose of a Family Resource Center. CPF has been at Blakely
Park for the last five years, working closely with the Lodi Boys and Girls Club, and it
would like to have a permanent facility at that location.
oo Larry Wenell, representing Wenell Mattheis Bowe Architects, using an overhead
presentation (filed), reviewed the proposed plans for the Family Resource Center. The
entrance to the facility would face south at the front of the playground area, and there
would be a waiting area, office workstations, small break room, restrooms, and
multipurpose rooms. The design also calls for an information resource center, out of
which the Lodi Public Library is considering operating a small branch library with
computers, literature, books, and children's programs. One of the major issues at this
park is the existing restroom facility, which is outdated and has been a security
concern for the Police Department due to the location of the entrance. This proposal
would construct a new public restroom on the corner, facing the street, and would help
to address the safety issues. The building would enclose the existing Head Start
playground and would re -build the fences in order to create additional room in the
playground area. The new public playground would be split into two parks, and there
would be an additional 12 parking spaces, an area for bicycle parking, and built-in
bench barriers so the children would not run into the parking lot. The City's remodeling
of the park removed the group picnic area, and this proposal would put back three
picnic spots with additional landscaping for shade. It is proposed that the horseshoe
pit be removed as it is rarely utilized. In general, this design would enhance the park to
be more functional for the community and better supervised, and the facility would be
built to match the present design of the Lodi Boys and Girls Club.
Council Member Beckman thanked Mr. Wenell for providing the elevations and the floor
and site plans as they addressed his previous concerns and he further expressed
support for the project.
Council Member Hansen questioned if the original plan had the potential site further on
the north side of the Lodi Boys and Girls Club, to which Mr. Wenell replied in the
affirmative. Mr. Hansen expressed support for this revised plan as it was a better use
of the land and tied nicely into the existing facilities. He believed this design lessened
the impact on the overall park by using less than 2% of the park space.
Council Member Mounce questioned if the park was losing or gaining space due to the
change in the playground and picnic areas, to which Mr. Wenell responded that the
new City playgrounds would be substantially larger than the old playground. The group
picnic area was rarely used, and this plan would have the same amount of tables;
however, spreading them out would allow families to enjoy the park without being
grouped together with others. The design would be much more inviting.
00 Richard Jones, President of the Lodi Boys and Girls Club, stated that CPF began
leasing two 10x10 office spaces at its facility more than six years ago and he believed
its programs complement the activities offered by the Boys and Girls Club. Because of
this partnership and the growth of its programs, the Boys and Girls Club has leased a
portion of its building to a teen center as well. Three years ago, the Lodi Boys and
Girls Club averaged 3,700 youth served; year 2005 identified 5,222 youth served, and
Mr. Jones attributed that to the relationship that has developed between the Lodi Boys
and Girls Club and CPF. He expressed concern regarding the current situation with the
public restroom facilities and its unsafe condition for the children. He felt confident that
the plan provided sufficient space for people to still play sports and that the removal of
the horseshoe pit would not negatively affect the park. He viewed the proposed CPF
facility as a sister building to the Lodi Boys and Girls Club and as a tremendous asset
to the people of this community. He and the Lodi Boys and Grls Club board of
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Continued August 2, 2006
directors fully support this project as long-term stability for the east side of Lodi and he
encouraged Council to approve the plan.
In response to Mayor Pro Tempore Johnson, Mr. Jones stated that there is a possibility
that the space vacated by CPF would be leased to a health clinic, to which
Mr. Johnson expressed concern that this would be yet another impact on the park.
oo Shahnaz Shah stated that she was a teacher for girls attending a charter school
independent study program. Many of these girls do not carry on their education past
the sixth grade; therefore, she provides tutoring at the CPF facility as most live on the
east side. This location offers easy access, particularly for those without a mode of
transportation. She encouraged Council to support the proposal.
00 Nagina Akbar stated that she had previously utilized the services of CPF and is now
employed with the organization as a health organizer, working with Pakistani women on
preventative health care measures and offering informational resources. CPF has
provided opportunities to the community to build relationships between different cultures
and provided information, workshops, and training on issues such as health, nutrition,
and adult literacy. She encouraged the Council to support this center.
oo Laura Ochoa stated that many services and activities are needed for the youth that
would provide positive experiences in developing leadership roles, and she believed
CPF accomplished that in collaboration with other agencies such as the Lodi Boys and
Girls Club. Ms. Ochoa has worked with CPF for two years, has volunteered at
Celebration on Central, and has worked with the Hispanic community in developing
various events, including the upcoming Mexican Independence Day at Lawrence
School. CPF has provided many services for east side residents, such as organizing a
candidates' night and polling parties to increase voter turnout on the east side. She
expressed support for the Family Resource Center being built next to the Lodi Boys
and Girls Club.
oo Maria Ochoa (as translated by Laura Ochoa) stated that she believed in keeping
cultures and traditions alive, and CPF works toward that effort by providing cultural
events, meetings, and workshops that involve and teach children to feel proud of their
heritage. The current CPF facility does not have enough space, which often has an
affect on the level of participation. Many attendees do not have transportation; however,
the location at Blakely Park is convenient and within walking distance.
oo Brenda Gallardo (as translated by Laura Ochoa) expressed support for the center as a
place for the community to gather and develop their abilities. CPF has been providing
activities for children and youth in order to teach them about their culture and to create
awareness about their value as a community member. Every day, there are more
people who want to get involved; however, due to the lack of space, meetings are often
canceled. She believed that the availability of these activities would protect children
from getting involved in gang activities and she expressed support for making the public
restroom facilities safer for those using the park and the CPF facility.
oo Ann Cerney stated that CPF is a wonderful program and it needs to be fully supported
by the community to the extent that public resources can be extended. She
expressed concern, however, about the use of park land, which is irreplaceable and
beyond value. She believed that there are public agencies served by CPF and that
most of the public agency work to be done is provided by either federal or state dollars;
therefore, public health, for example, should do its part to ensure there are proper
facilities and land. Ms. Cerney suggested that the City consider building up (i.e.
second story facilities) in order to preserve the green space and maintain the same
square footage of parkland.
Council Member Mounce stated that she supports the efforts of CPF; however, she
expressed concern about park land being utilized in this manner and that this use may
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Continued August 2, 2006
hinder the City from adding pools or other uses at the park in the future. She suggested
CPF consider constructing its facility on the empty lot at 217 East Lockeford Street, which
is currently unused and blighted. She stated that she would not support the project at the
Blakely Park location.
Mayor Pro Tempore Johnson stated that he was not in favor of the project at Blakely Park
and also suggested that CPF consider other locations such as Maple Square, which is an
under-utilized building on a .6 acre site, or other vacant parcels. He pointed out that CPF is
jumping from a 400 square foot building to 5,140 square feet in the proposed facility.
Council Member Hansen applauded the efforts of CPF, which serves the needy, poor, and
disadvantaged of this community, and he believed the design of the facility left 96.9% of the
park untouched, which was a reasonable compromise. CPF utilizes 400 square feet
presently simply because that is the amount of space available to it, and 5,140 square feet
would provide many opportunities for it to better serve the community.
MOTION:
Council Member Hansen made a motion, Beckman second, to authorize the City Manager
to negotiate a land lease with the Community Partnership for Families of San Joaquin for
construction of a Family Resource Center at Blakely Park and further to approve 40 hours
in-kind project management assistance from the Public Works Department prior to
execution of the lease.
DISCUSSION:
Mayor Hitchcock stated that this is a neighborhood park, which is intended to meet the
needs of the neighborhood, and Council heard from residents in the area expressing
support for CPF in order to address its safety concerns and because of its convenient
location and valuable services. CPF is asking for space and in-kind services, not for the
City to construct the building, and Mayor Hitchcock supported the request.
VOTE:
The motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, and Mayor Hitchcock
Noes: Council Members — Johnson and Mounce
Absent: Council Members — None
PUBLIC COMMENT:
oo Francisco Trujillo thanked the Council for approving the proposal.
RECESS
At 9:14 p.m., Mayor Hitchcock called for a recess, and the City Council meeting reconvened at 9:26
p.m.
K. REGULAR CALENDAR (Continued)
K-2 "Provide direction regarding scheduling and type of action the Council may take at informal
informational meetings referred to as "Shirtsleeve" City Council meetings"
City Manager King reported that the City of Lodi has a long-standing tradition of having
Tuesday morning Shirtsleeve Sessions at 7 a.m., at which no formal action is permitted, in
order to discuss specific topics in depth. Recently, the question has arisen as to what the
concept of no formal action means. Pursuant to the Brown Act, when the Council meets
and receives information on issues that may be acted upon in the future, this would be
considered part of the deliberate process of making a decision. A formal action means
making a motion or adopting a resolution or ordinance. The Brown Act defines three levels
of meetings in terms of posting requirements, the highest of which are regular meetings,
next are special meetings, and lastly are emergency meetings. Perceived direction by
Continued August 2, 2006
Council include directions given during the course of a meeting, nodding of heads in
agreement, questions posed by individual Council Members, etc., and it is difficult for staff
to ascertain whether or not that should be considered as direction. Another concern with
Shirtsleeve Sessions is the early morning start time, which may preclude many citizens
from attending, and he suggested an alternative of moving the study sessions to the 2nd and
4'' Wednesdays of the month to an evening start time prior to the regular Planning
Commission meetings. The sessions would then be capped at 90 minutes. Mr. King
pointed out that often times a regular Shirtsleeve Session is canceled in order to have a
special meeting to allow Council to take action on an item, which appeared to be
inconsistent with the premise of the Brown Act. The topic, or limit of what Council action
can be taken, is governed by the agenda title and could be used to better regulate what
may take place at a Shirtsleeve Session.
Council Member Hansen expressed concern that it has been frustrating recently as to what
is and is not considered Council action or direction. He believed that staff formulates
opinions on where each Council Member stands on an issue based upon questions asked
at a Shirtsleeve Session; however, the alternative is that Council only receive information
without offering any comments, feedback, or questions. He was not opposed to the
Wednesday evening alternative, but stated that his primary goal was to create a system
that would allow Council to receive information and respond without creating confusion or
conflicts.
Mayor Hitchcock stated that, should Council allow direction at Shirtsleeve Sessions, the
Council may spend more time attempting to make their points and persuade others to
agree, rather than accepting the information. She believed Council has done a fine job in
discussing the topics in depth and asking questions that do not provide direction and she
believed the Council could monitor itself well enough to continue in that manner. Council
should conduct its business in the "light of day," which is not accomplished at 7 a.m., and
she believed the original intention of the Shirtsleeve Sessions was to provide Council with
an opportunity to discuss specific topics in depth that it could not otherwise do at a regular
meeting. Mayor Hitchcock expressed concern that Comcast would not be available to
televise the alternate Wednesday meetings due to staff limitations and stated that she
believed Comcast was required to accommodate this type of request as part of its franchise
agreement. She stated that she was uncomfortable with calling Shirtsleeve Sessions
regular meetings, as well as providing direction, particularly if the meetings are held in the
early morning or if they cannot be televised in the evenings.
Mayor Pro Tempore Johnson pointed out that, if Council provided direction at a Shirtsleeve
Session on an issue, no formal action occurs until it comes back to the City Council at a
regular meeting for a formal vote (i.e. motion, resolution, or ordinance). He further
expressed concern that very few members of the public attend the meetings, despite efforts
to make the meetings more convenient and accessible, and he believed that holding the
meetings on Wednesday evenings would still not bring a high attendance rate. The public
will attend if it has an issue of importance and will find a way to participate, whether they
are in the morning or the evening; regardless, the City will not appease everyone.
Council Member Beckman added that the act of Council voting cn an issue is the moment
when formal action is taken. He believed he spirit of the original intention of Shirtsleeve
Sessions was to allow Council the opportunity to discuss the framework of and concerns
regarding an issue, which would subsequently be approved by Council at a regular meeting
before the public. He believed the Council has complied with that philosophy.
MOTION:
Council Member Beckman made a motion, Mounce second, to continue with the current
practice of Shirtsleeve Sessions (i.e. Tuesday mornings at 7 a.m.), at which no formal
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Continued August 2, 2006
action would be taken by the City Council, and that the meetings be agendized as "regular
meetings."
DISCUSSION:
Mayor Hitchcock questioned if a straw vote would be considered formal action, to which
Council Member Beckman stated that it would be a non-binding vote that does not cause
any action to be taken. It is merely providing opinions or questions from the Council.
City Attorney Schwabauer proposed that, in order to carry out this motion, the Shirtsleeve
Sessions be agendized as regular meetings and that the title include language to indicate
that Council would "provide direction." This would give Council the ability to follow its
internal rules yet still provide the limitation that no final action would be taken.
Mayor Hitchcock stated that she would not support the motion.
PUBLIC COMMENTS:
oo Ann Cerney expressed support for moving the Shirtsleeve Sessions to the alternating
Wednesday evenings, which would be more convenient for most people to attend. She
added that she believed nodding of the heads, three out of the five agreeing, and straw
votes do constitute action and is a litigable issue.
00 Dennis Haugan also expressed support for the evening Shirtsleeve Sessions. For him
to attend the morning meetings, he must use vacation time or make special
arrangements with others at work in order to participate. He suggested that the
evening meetings run from 5:00 to 6:30 p.m. in order to provide time for the Planning
Commission to set up prior to its 7:00 p.m. meeting.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, and Mounce
Noes: Council Members — Mayor Hitchcock
Absent: Council Members — None
Mayor Hitchcock questioned if the ordinance would require an amendment, to which
Mr. Schwabauer replied in the affirmative.
K-3 "Approve expenses incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation and various other cases being handled by outside counsel
($322,793.33)"
City Attorney Schwabauer reviewed expenses incurred by outside counsel/consultants as
outlined in the staff report and further revised the total to $150,395.24.
MOTION:
Council Member Beckman made a motion, Mounce second, to approve the expenses
incurred by outside counsel/consultants relative to the Environmental Abatement Program
litigation and various other cases being handled by outside counsel in the revised amount of
$150,395.24, as detailed below:
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Continued August 2, 2006
Folger Levin & Kahn - Invoices Distribution
Kronick Moskovitz Tiedemann & Girard - Invoices Distribution
183453.732
Matter
Invoice
Invoice No.
Date
Total
No.
No.
Date
Description
Amount
8002
95866
5/30/2006
People v. M&P Investments
52,768.77
06/25/06
Citizens for Open
1,516.50
1,516.50
(2,047.00)
8003
95868
5/30/2006
Hartford Insurance Coverage Litigation
85,337.78
11233.029
226188
06/25/06
AT&T v. City of Lodi
(650.00)
8008
95867
5/30/2006
City of Lodi v. Envision Law Group
3,668.44
3.768.50
13374
5/30/2006
Keith O'Brien/PES Environmental, Inc.
2,264.84
6,612.41
6235
5/30/2006
Peter Krasnoff/West Environmental
2,440.00
143, 782.83
Kronick Moskovitz Tiedemann & Girard - Invoices Distribution
DISCUSSION:
Mayor Hitchcock questioned why the City was continuing to pay bills regarding the Citizens
for Open Government case, to which City Attorney Schwabauer responded that this suit
was dismissed at the trial court level; however, it is on appeal with the appellate court. The
opening brief by the Citizens for Open Government has been filed and the respondent brief
by the real parties is due in the next couple of weeks.
PUBLIC COMMENTS:
oo Ann Cerney added that the opening brief by the Citizens for Open Government was
costly, and she presumed that the City's 90 -page response would bring with it an
extensive invoice.
In response to Mayor Hitchcock, Mr. Schwabauer confirmed that these costs are being
borne by Wal-Mart.
VOTE:
The above motion carried by a unanimous vote.
K-4 "Adopt resolution amending Traffic Resolution 97-148 by approving speed limit modifications
as follows (PW):
00 Reduce Century Boulevard between west City limits and Ham Lane from 45 to 40 miles
per hour
00 Increase Century Boulevard between Hutchins Street and Church Street from 25 to 30
miles per hour
00 Increase Kettleman Lane between Beckman Road and east City limits from 40 to 45
miles per hour
00 Reduce Loma Drive between Elm Street and Lockeford Street from 30 to 25 miles per
hour"
Paula Fernandez, Senior Traffic Engineer, reported that traffic engineering staff performed
engineering and speed surveys for 11 streets in accordance with the California Vehicle
Code. Several factors are considered including prevailing speed, accidents, and
unexpected conditions. In order for the Police Department to enforce streets using radar,
the City must update the streets every five years. These 11 streets were up for renewal or
11
Total
Distribution
Matter No.
Invoice No.
Date
Description
Amount
100351.732 183453.732
11233.001
226188
06/25/06
General advice
67.50
67.50
11233.027
226188
06/25/06
Citizens for Open
1,516.50
1,516.50
Govt. v. City of Lodi
11233.029
226188
06/25/06
AT&T v. City of Lodi
1,259.91
1,259.91
11233.030
226188
06/25/06
Water Supply Issues 3.768.50
3.768.50
6,612.41
2,843.91 3,768.50
DISCUSSION:
Mayor Hitchcock questioned why the City was continuing to pay bills regarding the Citizens
for Open Government case, to which City Attorney Schwabauer responded that this suit
was dismissed at the trial court level; however, it is on appeal with the appellate court. The
opening brief by the Citizens for Open Government has been filed and the respondent brief
by the real parties is due in the next couple of weeks.
PUBLIC COMMENTS:
oo Ann Cerney added that the opening brief by the Citizens for Open Government was
costly, and she presumed that the City's 90 -page response would bring with it an
extensive invoice.
In response to Mayor Hitchcock, Mr. Schwabauer confirmed that these costs are being
borne by Wal-Mart.
VOTE:
The above motion carried by a unanimous vote.
K-4 "Adopt resolution amending Traffic Resolution 97-148 by approving speed limit modifications
as follows (PW):
00 Reduce Century Boulevard between west City limits and Ham Lane from 45 to 40 miles
per hour
00 Increase Century Boulevard between Hutchins Street and Church Street from 25 to 30
miles per hour
00 Increase Kettleman Lane between Beckman Road and east City limits from 40 to 45
miles per hour
00 Reduce Loma Drive between Elm Street and Lockeford Street from 30 to 25 miles per
hour"
Paula Fernandez, Senior Traffic Engineer, reported that traffic engineering staff performed
engineering and speed surveys for 11 streets in accordance with the California Vehicle
Code. Several factors are considered including prevailing speed, accidents, and
unexpected conditions. In order for the Police Department to enforce streets using radar,
the City must update the streets every five years. These 11 streets were up for renewal or
11
Continued August 2, 2006
were newly constructed streets. The Police Department concurs with the staff
recommendation on the revised speed limits. Should Council not approve staff
recommendation, it would eliminate the Police Department's ability to enforce speed limits
using radar.
Mayor Pro Tempore Johnson questioned why Century Boulevard was being reduced in one
area and increased in another, to which Ms. Fernandez stated that the 85"' percentile
calculations determined the appropriate speed for each location.
In response to Council Member Hansen, Sergeant Steve Carillo explained that the 85"'
percentile concept involves a survey of speeds by officers in unmarked cars and takes into
account tail gaiting, school zones, alleys, etc. The 85"' percentile represents the speed
that 85% of the drivers are traveling and is perceived as a rate of speed that is reasonable
for the weather, traffic, and street conditions.
In response to Mayor Hitchcock, Sergeant Carillo responded that the 85"' percentile is
determined under normal driving conditions and relies on the police officer's experience and
expertise.
MOTION #1:
Council Member Hansen made a motion, Beckman second, to adopt Resolution No. 2006-
151 amending Traffic Resolution 97-148 by approving speed limit modifications as follows:
00 Increase Century Boulevard between Hutchins Street and Church Street from 25 to 30
miles per hour;
oo Increase Kettleman Lane between Beckman Road and east City limits from 40 to 45
miles per hour;
00 Reduce Century Boulevard between west City limits and Ham Lane from 45 to 40 miles
per hour; and
oo Reduce Loma Drive between Elm Street and Lockeford Street from 30 to 25 miles per
hour.
DISCUSSION:
Council Member Mounce requested that the motion be split into two votes as she was not
in favor of increasing the speed limits. She felt that 85% of the drivers were not abiding by
the current speeds and they were being rewarded by changing the speed limit.
AMENDED MOTION #1 / VOTE:
Council Member Hansen amended his motion, Beckman second, to adopt Resolution
No. 2006-151 amending Traffic Resolution 97-148 by approving speed limit modifications as
follows:
00 Increase Century Boulevard between Hutchins Street and Church Street from 25 to 30
miles per hour; and
oo Increase Kettleman Lane between Beckman Road and east City limits from 40 to 45
miles per hour.
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, and Mayor Hitchcock
Noes: Council Members — Mounce
Absent: Council Members — None
12
Continued August 2, 2006
MOTION #2 / VOTE:
The City Council, on motion of Council Member Hansen, Beckman second, unanimously
adopted Resolution No. 2006-152 amending Traffic Resolution 97-148 by approving speed
limit modifications as follows:
0o Reduce Century Boulevard between west City limits and Ham Lane from 45 to 40 miles
per hour; and
0o Reduce Loma Drive between Elm Street and Lockeford Street from 30 to 25 miles per
hour.
K-5 "Adopt resolution authorizing the City Manager to allocate Public Benefit Programs, and/or
execute contracts with professional service organizations to assist in coordinating
designated Public Benefit -funded programs, as identified below for the 2006-07 fiscal year:
0o Continuation of the Lodi Solar Schoolhouse Project ($25,000)
00 Extension for one year the Lodi LivingWise Program ($20,000)
00 Extension of the Lodi Appliance Rebate Program ($30,000)
00 Extension of the Lodi Energy Efficient Home Improvement Rebate Program ($70,000)
00 Extension of the Lodi Commercial Rebate Program ($25,000)
00 Extension of the Industrial Customer High Efficiency Rebate Program ($140,000)"
George Morrow, Electric Utility Director, reported that the Public Benefits Program was
created by the deregulation bill passed in California in 1995 and later extended through
2011 by a second bill. This law requires electric utilities to collect and spend 2.85% of
revenue on a qualified public benefits program. There are four categories in the program:
conservation or energy efficiency; renewable technologies; research and development; and
low-income services. Lodi's program was first implemented in 1998, and a 2.5% rate
increase was implemented to fund the program. Mr. Morrow reviewed the expenditures and
pointed out that the City was to have expended $10.7 million from 1998 through the end of
last fiscal year. The City has spent $1.9 million more than what was required due to the
fact that funds for the various programs (i.e. solar and rebate programs), renewable
expenditures (i.e. geysers used to enhance the steam underground), and low-income
programs are allowed to be applied toward the program. The requirement for fiscal year
2007 is to spend $1.8 million, and the Electric Utility budget has $1.5 million earmarked in
public benefit program funds. Mr. Morrow assured Council that this was acceptable as the
City exhausted more than what it was required to in previous years and there is no
timeframe for expenditures—the City can draw down the $1.9 million balance. Mr. Morrow
briefly reviewed the programs before Council for consideration and distributed a newsletter
(filed) regarding the Lodi Solar Schoolhouse Program.
Council Member Hansen stated that the City has been criticized on the manner in which
the Electric Utility has expended funds and many have suggested this as a way to reduce
expenditures; however, it is not an option for the City as this is a mandate for all publicly -
and privately -owned utilities. Many people participate in the public benefits programs,
which contribute toward efficiency. Mr. Hansen questioned if the various programs typically
resulted in unused funds at the end of the year, to which Rob Lechner, Manager of
Customer Services, stated that, for the past fiscal year, all of the rebate program funds
were depleted four months shy of ending the fiscal year. He expected a similar, if not
better, response next year.
Mayor Pro Tempore Johnson questioned why the Grape Bowl was receiving a public benefit
from the City, to which Mr. Lechner explained that in 2004 Council approved a direct grant
for renewable energy resources for the Grape Festival; however, the project was delayed
until the Festival could receive the 50% match in funds from Pacific Gas & Electric and the
Energy Commission self -generation fund. The solar project was installed at the Grape
Festival approximately one week ago and should be up and running soon. Mayor Pro
Tempore Johnson expressed concern in providing the county with the City's limited funds
for rebate programs such as this.
13
Continued August 2, 2006
In response to Council Member Mounce, Mr. Lechner provided an overview of the following
two programs:
00 Lodi Energy Efficient Home Improvement Rebate Program — This allows the average
home owner or renter to make basic improvements in their homes, including air duct
replacement; duct work repair; attic and wall insulation; radiant barrier or thermal
shields; whole house, attic, and ceiling fans; shade screens; and window tinting. The
total project account is $70,000 and customers can receive up to $250.
00 Lodi Helping Hands Program — This program is still under development and would help
to weatherize homes for low-income families. Previously, the City utilized teenagers for
this program who were trained to perform this work, and last year, the program
employed a firm called Youth Energy Services. The program is proposed to be funded
with $20,000 and will come back before Council for approval in be next couple of
months.
PUBLIC COMMENTS:
0o Ann Cerney expressed support for the Public Benefits Program and believed these
funds should not be utilized as a solution to the City's difficult financial position.
Mr. Lechner reported that last fiscal year 1030 residential customers took part in the
program and over 30 customers on the commercial/industrial side participated. Staff
intends to perform additional outreach on the commercial side to increase involvement.
MOTION / VOTE:
The City Council, on motion of Council Member Mounce, Hitchcock second, unanimously
adopted Resolution No. 2006-153 authorizing the City Manager to allocate Public Benefit
Programs, and/or execute contracts with professional service organizations to assist in
coordinating designated Public Benefit -funded programs, as identified below for the
2006-07 fiscal year:
0o Continuation of the Lodi Solar Schoolhouse Project, in the amount of $25,000;
00 Extension for one year the Lodi LivingWise Program in the amount of $20,000;
0o Extension of the Lodi Appliance Rebate Program in the amount of $30,000;
00 Extension of the Lodi Energy Efficient Home Improvement Rebate Program in the
amount of $70,000;
0o Extension of the Lodi Commercial Rebate Program in the amount of $25,000; and
00 Extension of the Industrial Customer High Efficiency Rebate Program in the amount of
$140,000.
14
Continued August 2, 2006
L. ORDINANCES
L-1 Following reading of the title of Ordinance No. 1781 entitled, "An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code Title 5 — Permits And
Regulations — Chapter 5.40, 'Adult -Oriented Businesses,' by Repealing and Reenacting
Section 5.40.020, 'Location of Adult -Oriented Businesses,' to Add 'Residentially -Zoned
Property' to the List of Land Uses Subject to Distance Regulations Regarding the Location
of Adult -Oriented Businesses; and Repealing and Reenacting Section 5.40.400(D)(1) to
Delete the Requirement that Employees of Adult -Oriented Businesses be Fingerprinted as
Part of the Employee License Process," having been introduced at a regular meeting of the
Lodi City Council held July 19, 2006, the City Council, on motion of Mayor Pro Tempore
Johnson, Beckman second, waived reading of the ordinance in full and adopted and ordered
it to print by the following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
L-2 Following reading of the title of Ordinance No. 1782 entitled, "An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code Title 17 — Zoning — Chapter
17.39, 'C-2 General Commercial District,' and Chapter 17.42 'C -M Commercial -Light
Industrial District,' to Add Cardrooms as a Permitted Use with a Use Permit in both the C-2
and the GM Districts," having been introduced at a regular meeting of the Lodi City Council
held July 19, 2006, the City Council, on motion of Council Member Beckman, Mounce
second, waived reading of the ordinance in full and adopted and ordered it to print by the
following vote:
Ayes: Council Members — Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:41 p.m.
ATTEST:
Jennifer M. Perrin
Interim City Clerk
15