HomeMy WebLinkAboutMinutes - October 20, 20040-1 CALL TC)iQ ORDER / ROLL CALL
The City Council Closed Session meeting of October 20, 2004, was called to order by Mayor
Hansen at 5:32 p.m.
Present: Council Members - Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent: Council` Members - bone
Also present, Interim City Manager Keeter, City Attorney Schwabauer, and City Clerk Blackston
C- ANi+I tJN MNT C31; LSf=� fEt
a) Actual litigation: Government Cade §54956.9(a); one case; People of the State of
iif rr i and tie fit of Lodi C life n% v.: 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.
lncrnit Com arr et al. v. Cit of Lo€Yi et af, Superior Court, County of Sad Francisco,
Case No. 323658
C) Conference with legal counsel -- initiation of litigation: Government Cade §54956.9(c); two
cases
d) Conference with legal counsel -- anticipated litigation - significant exposure to litigation
pursuant to subdivision (;b) of Section 54956.9; one case; pursuant to Government Code
§549 6.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be
disclosed
e) Actual litigation; Government Code §5496.9(a); one case; City of Lodi. a Calif®rrri.
v. Lehman Brothers, Inc, and U Baric National Association, United States District Court,
Fa tern District of California, Case No. Clic. -04-0606 MCT-KJM
f) Actual litigation: Government Code §54956.9(x); one case; Lel�mar� rother lnc.. v. Cit�r
of�Lo € rrd Loctl Finanoi orporatron, United States District Court, Eastern District of
California Case No. CIV -8-04-0850 FGD/JFM
g) Actual litigation: Government Code §54956.9(a); one case; Fireman's Fund lnstyrance..
Com an v, Cit of L ii et al. United States District Court, Eastern District of California'
Case No. CIV -S-98-1489 FCD JFM
h) Actual Litigation: Government Cade 54956.9(a); one case; City of Lodi v. City of
SfQqkton, et at,, San Joaquin County Superior Court, Stockton Branch, Case No.
CV0 47 0
i) Actual Litigation: Government Code §54956.9(x); one case; _�2ity of Stockto>? v. City of
Lod, San ,Joaquin County Superior Court, Stockton Branch, Case No. CV024859
)) Actual Litigation: Government Code §54956.9(a); one case; Stockton Farm! ;Farrrier
Coalition v. QK of Lodi et al., San Joaquin County Superior Court, Stockton Branch
Case No. CV024860
Cm3 AQ4Q-QR t TO C%QD ,5-1QN
At 5:32 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:10 perm.
C-4 PFTUIi TC CIN SSS I N ! Dl CLGSl1FtB F A IC3N
At 7:18 p.m,, Mayor Hansen reconvened the City Council meeting, and City Attorney Schwabauer`
disclosed the following actions.
In regard to Items C-2 (a) and (f), negotiating authority was sought and given.
In regard to Items 0-2 (b), (c), (d), (e), (g), (h), (i), and (j), no reportable action was taken iri
Closed Session.
Continued October 20,.2€04
A, GALL TO ORDER f ROLL CALL
The Regular City Council meeting of October 20, 2004, was called to order by Mayor Hansen at
7:10 p.m.
Present. Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent Council Members — Nape
Also Present: Interim City Manager Keeter, City Attorney Schwabauer, and City Clerk Blackston
R. INV Q&T__I , N
The invocation was given by Pastor Matt Duerr, Zion Reformed Church.
C. PLEDGE QEALLEGIANCE
The Pledge of Allegiance was led by Mayor Hansen.
D. AWARQS I PAMATIONS / PIR S TIONS
D-1 Awards — None
D-2 Proclamations — None
D-3 (a) Fire Chief Pretz and Mayor Hansen presented Certificates of Recognition to Firefighter'
eremy Quaglia, Captain Pet6 Iturraran, Acting Captain Airnee Dalrymple, and Engineer
Rick Gerlack for life-saving actions.
E.
ONSNT LNIAR
In accordance with the report and recommendation of the City Manager, Council, on motion of:
Council Member Land, Beckman second, unanimously approved the following items hereinafter'
set forth except hose otherwise noted -
E -1 Claims were approved in the amount of $4,553,952.86.
Egg The. minutes of: September 14, 2.004 (Shirtsleeve Session), September 14, 2004. (Special
Meeting), September 15., 2004 (Regular Meeting), September 28, 2004 (Shirtsleeve
essfon), September 2 ; 2004 (Spe dial l cetirt ), October , 2004 (Shirtsleeve Session),
and:October 11, 2004 (Special Meeting) were approved as written.
F-3 Adopted. Resolution No, 2004-211 approving the plans and specifications for White
Slough Nater P llution Control facility Standby Rower Improvements and authorizing City.
Manager to solicit bids for equipment, negotiate a Contract Change Order for installation
of equipment not to exceed a total of $1,000,000, and appropriate funds as
recorn mended by staff.
E-4 "Adopt resolution approving plans and specifications, authorizing advertisement for bids
for Lighted Crosswalk System Project at Lpckeford Street and Calaveras Street, and.
authorizing the City Manager to execute all necessary agreements to implement the.
project, award or reject the contract rap to $29,000, and appropriate funds" was removed
from the Consent Calendar and discussed and acted upon following approval of
the Consent Calendar.
E-5 Adopted Resolutions No. 2004-212 approving the specifications, authorizing advertisement
for bids, and further authorizing the City Manager to award or reject all bids for the
purchase of high-density polyethylene electric utilKy service boxes up to $11,000.
W6 Adapted Resolution No. 2004-213 accepting the improvements in Almond North, Tract
No. 3396, including the traffic signage at Ravenwood Way and Cherrywood Way traffic'
circle.
2
Continued October 20, 2004
-7 Adopted Resolution No. 2004-214 accepting $100,000 from the State Citizens Option for..
Public Safety Grant offered through AB 1584 State Supplemental Lav Enforcement
Service Fund,
-8 Adopted Resolution olution No. 2004-215 of Preliminary Determination and Resolution
ffo. 2004 216 of intention to Annex Woodlake Meadow Zone 7 to Lodi Consolidated.
Landscape Maintenance District No. 2003-1; set public hearing and deadline for receipt of
ballots for December 15, 2004; adopted Resolution No. 2004-217 authorizing the City.
Manager to execute professional services agreement task order with Timothy J.
Hachman, Attorney at Law, in the amount of $0,500 for services required in support of the
annexation, and adopted Resolution No. 2004-218 authorizing the City Manager to
execute professional services agreement task order with Thompson-Hysell Engineers, a
Division of The Keith Companies, Inc., in the amount of $0,000 for services required in
support of the annexation.
-4 "Adopt resolution approving plans and specifications, authorizing advertisement for bids'
for Lighted Crosswalk System Project at Lockeford Street and Calaveras Street, and
authorizing the City Manager to execute all necessary agreements to implement the
project, award or reject the contract up to $29,000, and appropriate funds"
Council Member Hitchcock voiced concern regarding setting a precedence and noted that
studies have not yet concluded on the effectiveness of lighted crosswalks.
Public Works Director Prima pointed out that lighted crosswalks are less expensive than.
traffic signals, which cost over $200,000,
City Attorney Schwaba0er stated that additional exposure to liability would not be focused
as much on whether there is alighted crosswalk in the community, as to whether it is
reasonable technology to enhance safety.
Mayor Pro Tempore Beckman agreed with Ms. Hitchcock's comments and believed that
the matter should be studied further and criteria established for lighted crosswalks.
M TfON
Council Member Land made a motion, Hansen second, to adopt Resolution No. 2004-219..
approving the plans and specifications, authorizing advertisement for bids for the Lighted
Crosswalk System Project at Locketord Street and Calaveras Street, and authorizing the.
City Manager to execute all necessary agreements to implement the project, award or
reject the contract up to $29,000, and appropriate funds.
2—ISCUSSION.
Mayor Hansen recommended that staff pursue grant funds for future lighted crosswalk
requests.
Council Member Hitchcock favored having parameters and guidelines for which lighted
crosswalks are established.
In reply to Council Member Howard, Mr. Prima stated that staff could ask Lodi unified
School District if it was interested in participating in the cost.
In :response to Mayor Fero Tempore Beckman, Mr. Prima reported that the crosswalk was;
selected after reviewing the grant criteria that was specifically tied to school crossings'
Staff did not dig an exhaustive analysis of all intersections in the City.
VQT:
The above motion carried by the following vote:
Ayes: Cduncii Members — Howard, Laird, and Mayer Hansen
Noes. Council Member -- Beckman and Hitchcock
Absent: Council Members — Nene
rd
Continued October 20, 2004
Mayor Hansen asked staff to develop a policy and explore additional funding for lighted
crosswalk systems.
Sherry Sanchez stated that her 13 year old daughter is a student at Lodi Middle School...
Ms. Sanchez.. reported that during one ween two female students had been "flashed" and
coaxed to come uta to a vehicle. A letter was sent to parents stating that security had been
increased. in the neighborhood; however, Ms. Sanchez did not believe it had taken place as
she had never seen a police officer in front of the school.
Mayor Hensen asked interim City Manager Keefer to relay Ms. Sanchez' concerns to the
Chof of Police and the Patrol Division Commander and ask that they speak with the school
resource officer.
C_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 adopting resolution establishing area of benefit and reimbursable coasts for
Kettleman Lane Improvements.
Lyman Chang, Associate Civil Engineer, reported that part of the Kettieman Lane gap;
closure project includes installation of frontage improvements (curb, gutter, sidewalk, and
pavement) along the north side of Kettleman Lane from Lakeshore Drive to Tienda give
Pur cant to Lodi Municipal Coda (LMC) 16.40.030, the costs of improvements installed by.
the City that benefit adjacent properties, and would be required of the properties upon:
development, are reimbursable to the City. The reimbursable costs for each of the
benefiting properties have been calculated based on the length of the frontage of each:
parcel. Mr. Chang noted that reimbursable amounts are estimates only and will be
adjusted upon the completion and acceptance of the Kettleman parse Improvement
Project. The reimbursement costs will be due at the time of development of thy'
respective parcels. Pursuant to LMC 15.64.060, the reimbursable amount will be
adjusted annually to include an amount attributable to interest, which will be based on the
change in the Engineering News Record Construction Cost Index.
In response to Council inquiries, Mr. Chang stated that 11 street lights are included in the
project. He reported that the estimated date for completion is early spring 2005.
Hearinq C ened to the Public
None.
Public Portion of Hearing Closed
MOT`i ?N / VOTE.
The City Council, an motion of Mayor Pro Tempore Beckman, Hitchcock second,
unanimously adopted Resolution Not. 2004.220 establishing an area of benefit and
reimbursable costs for Kettleman Lane Improvements fronting the parcels located on
Kettleman Lane
C.2 Notice thereof having been published according to law, an affidavit of which publication is.
on file in the office of the City Cleric, Mayor Hansen called for the public hearing to.
consider adopting resolution approving fare increases for GrapeLine fixed route and Dial-
A -bide services.
Tiffapi Pink, Transportation Manager, reminded Council that this matter had been
introduced at the meeting of October 6. She reported that transit has seem an increase it
operationai costs. The increase in administrative costs is due to the addition of the transit
station and costs of maintaining the buildings. Fare recovery in 1996-97 was 10%, in
1998-99 it was close to 15%, and in 2003-04 it was 11 %. Fares have not been increased
since the fixed route was created in 1994. Fare recovery for Bial -A -Elide services in
M
Coafinued Oelober 20, 2004
1996-97 was 12% and has continued to decline to the current level of less than 80/6. Diak.
A -Ride operating cost per passenger is $17 an hour. Ms. Fink reported that Lodi'.s urban.
area was expanded to include more of Woodbridge, Bear Creek Road, and north on the
Highway 99 corridor into the city of Gait. Staff is not proposing to serve any areas north of
the county line. Ms, Fink reviewed the existing and proposed fares for fixed route and
Dial -A -Ride.
In reply to Mayor Hansen, Ms. Fink confirmed that the City should be able to.
accommodate the new urban areas with the current Dial -A -Ride system.
Mayor Hansen and Council Member Hitchcock asked whether the City was mandated to
offer services to the expanded urban area, to which Public Works Director Prima replied
that he would research the matter and provide an answer to Council at a later time.
Ms. Fink reported that a 97% on-time rate (within 45 minutes) has been achieved., with an.
average response time of 22 minutes, Ms. Fink stated that at the first public meeting on
this subject there were five people in attendance, a few of whom voiced concern about.�
the increase in the Senior/Disabled/Medicare fare. At the second public meeting, ten
people attended and there were only a few concerns expressed.
In response to Council Member Hitchcock, Ms. Fink stated that, according to her.
projections, she felt comfortable that with the proposed rate increases the City would be
able to cover operating costs and make some needed capital purchases. In reference to
previous transfers, Mr. Prima acknowledged that some of the money came from the
General Fund Capital Account and it was not planned to pay it back.
Mr. Prima outlined the following fare options.,
> Dial -A -Ride multi -Ode ticket discount (10 tickets for the price of 8);
Children accompanying an adult on Dial -A -Ride, charged at same rate as adult;
Student fare for fixed route 75 cents;
Authorize City Manager to execute contract pricing with non-profit organizations who.
administer transit grant programs at a rate reduction not to exceed 50%.
Mr. Prima reported that the Chamber of Commerce Leadership Lodi Program's annual.�
project is to provide bus passes for teenagers to get to the 180 Teen Center, the Boys
Girls Club, and the Library,
Hearihc Qoened to the P lie
Sheryl Marquardt stated that she was representing Arbor Mobile Home Park and her
church. She was opposed to the DW -A -bide fare increase from $1 to $1.50 and
suggested a 20% increase instead.
In answer to a question posed by Ms. Marquardt, Ms. Fink stated that attendants to
the disabled ride for free, regardless of their age.
Christina Baldonado stated that she depends on Dial -A -Ride to get to and from work
and felt that the fare increase for the general public was too high.
John Donovan asked how much money is spent on public transportation, as
compared to street maintenance, He also felt that automobile drivers should
subsidize public transportation.
Mr. Prima replied that the transit operation costs approximately $2.5 million per year,
which is close to what the total budget is for street maintenance done by the City.
Capital Projects done by outside contractors is an additional cost and varies upon the
projects. In reference to subsidies, Mayor Hansen pointed out that taxpayers,
including automobile drivers, do subsidize public transportation,
5
Continued October 20, 2004
Ed Beswick stated that he manages a 42 -unit apartment complex, in which 70% of
the residents are over 65 years and 25% use Dial -A -Ride. He stated that often times.
residents call in a reservation in advance and later forget that they had done so,
which slows down the system by making drivers wait. Mr. Beswick was pleased that
the service area for Dial -A -Ride was expanding.
Brad VanderHamm, representing Leadership Lodi, spoke in support of the option to
allow discounted contract pricing for non-profit organizations.
MOTION,#1 I VOTE:
The City-Counoll, on motion of Council Member Hitchcock, Beckman second, adopted.
Resolution No. 2004-221 approving the following fare increases for GrapeLine fixed route
and Dial -A -Ride services:
FI RLI`
General Public
Senior (604DIsabled/Medicare
Transfers:
Children Under 5
31 Day P -ass (General Public) Pa
31 Day st: (Son io r/Disabledimedicare)
Monthly P - ass (Good only in month issued)
(General Public)
(Senior/Disabled/Medicare)
DIAL. -A -RI
general . . Public
Sen'tor/DisableWedicare
Surcharge for area wtside City limits
but within th.e. . an Joaquin County portion
of the Lodi Urbanized Area
(in Addition to applicable fare)
$1.00
$ .50
Free
2 Free Per Paying Passenger
Eliminate Pass
Eliminate Pass
$35.00
$17.50
The Motion carried by the following vote:
Ayes,: Council Members — Beckman, Hitchcock, and Howard
Noes, Council Members — Land and Mayor Hansen
Absent. Council Members — None
The City Council, on motion of Council Member Hitchcock, Hansen second, unanimously.
adopted Resolution fico. . .2004-222 approving the Dial -A -Ride multi -ride ticket discount (for:
a 1:0 -ride ticket, buy 8 rides and get 2 rides free).
!Q —N# 3:
Mayor Hansen made a motion, Beckman second, to authorize the City Manager to
execute contract pricing with Leadership Lodi at a rate reduction not to exceed 50% and
that any additional contract pricing agreements with a non-profit organization who.
adiministars transit grant programs be conditioned upon the approval of Council.
Brad VanderHamm reported that Leadership Lodi has raised nearly $8,000 to
subsidize bus passes for teenagers; however, when the funding is exhausted the
program will end.
MOTE:
The above motion carried by a unanimous vote.
6
Continued October 20, 2004
At 9:15 p,m., Mayor Hansen called for a recess, and the City Council meeting reconvened at
9:29 p.m.
-3 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 Planning Commission's recommendation to certify the Environmental Impact.'
Report and approve the 2003-09 Housing Element.
Community Development Director Sartlam recalled that the dousing Element update
process began two years ago following adoption of the county's regional housing needs
allocation. The firm of Cotton Bridges Associates was retained to assist staff in the ;
process of developing the Housing Element and Environmental Impact Report (EIR), In
March 2003, the Planning Commission held a workshop to get public input on the.
community's perspective of need. A Shirtsleeve Session was held before the City
Council. In November 2003, the EIR and Housing dement were released for public'
comment. The draft Housing Element was submitted to the State Housing Community'.
Development Department for its review. The Planning Commission held a public hearing
last month to consider the document now before Council. The EIR is a program
document that outlines the general impacts associated with the development of the
Housing Element.
Jeff Goldman, from Cotten Bridges and Associates, reviewed the general contents of the
Housing Element and stated that a key part of the document is how the City intends to
meet its share of San Joaquin County's future housing needs, The Regional Housing'
Plan prepared by the San Joaquin Council of Governments assigned 4,014 units between=
2001-2009 as Lodi's share of the countywide new housing construction need. Of that
share, over 1,600 units should be affordable to low- and very -low-income households, i.e..
earning 60% or less of the median income. The Housing dement has shown to the
State's satisfaction that Lodi has adequate sites to accommodate the units. The City`
does not have to guarantee that the units will be built, its only responsibility is to provide
adequate sites and, within its limited resources, try to facilitate the construction of
housing.
In answer to Mayor Hansen, Mr. Goldman explained that the accepted definition of
affordability is that housing costs should not exceed approximately 30% of household'
income.. He acknowledged that virtually the only way vary -low- and low-income housing'
could be built in Lodi today is through some kind of subsidy. He offered the following
suggestions to facilitate the construction of affordable housing:
Set up a mechanism such as a redevelopment agency that generates tax revenue
that can be set aside specifically for affordable housing programs;
> Look at the regulatory process to see if there are ways to reduce the cost of the
development process through expediting certain functions, reducing fees, and/or
relaxing regulations;
Use staff resources to help builders who specialize in affordable housing access state
or federal funds; and
Adopt a mandatory process such as requiring that a certain percentage of new.
housing units have to be affordable to targeted income groups, i.e. "inclusionary
zoning"
In reply to Council Member Hitchcock, Mr. Goldman explained that very -low- and low-
income
ow-in ome numbers represent about 40% of the total need. He reported that even the most
successful and aggressive communities in California only get 10% to 15% of the units
built to be affordable to the low- or very -low-income range.
7
Continued October 20, 2004
Council Member Land noted that there are grants available through the Federal Home
Loan Bank for affordable housing projects. Financial institutions will out Costs for.
construction and interest to got affordable housing in order to meet their Community.
Reinvestment Act responsibilities. He suggested that an Ad Hoc or Mayor's Committee.
be formed to study issues of affordable housing and make recommendations to the
Council.
Mr. Goldman reported that Lodi's Housing Element objectives included:
A construction objective that recognizes how many market rate and affordable units
are likely to be built within the resources that the City could tap into;
Home buyers assistance; and
Housing rehabilitation based on the City's history of code enforcement.
Mr. Goldman noted that 40 subsidized rental housing units were identified that may be at:
risk of being lost as affordable units, either because the subsidy or the rent restrictions
would be expiring during the term of the Housing Element, It was also recognized that:
mobile homes are an affordable housing resource in the community.
In response to Mayor Pro Tempore Beckman, Mr, Bartlam explained that in high-density
areas 20.1 units or more per acre must be developed, medium density is at least 7.1 units
per. acre, and low density starts at zero. In a medium -density designation, a single-family.
detached unit, apartment, or condominium up to 20 units an acre can be built. The draft
development code proposes that an additional approval must be obtained to build a
detached unit. Mobile home parks are allowed within the City's residential designatiom.
Historically, parcels developed in Lodi are 20 acres or less. The City's requirement for
two covered parking spaces is for single-family detached. Parking standards are less for
multi -family units. The implementation program encourages more efficient development
viahigher density. Lower densities pay a fee, which goes toward agricultural mitigation.
The General Plan contemplates 65% of housing to be low density, 10% to be medium
density, and 25% high density.
In answer to questions posed by Council Member Hitchcock, Mr. Goldman reported that
average household size refers to the average number of people in all households. The
average family size refers to the average number of people in family households, i.e. two
or more related people, Mr. Bartlarn stated that the household number is used due to the:
requirement of the growth management ordinance. Parks goals are implemented through
the Parks & Recreation Master Plan (dictates size, location, and type) and the City's
impact fee program, which assesses the amount of fee depending upon the type of
development.
ffeA0nqD9@nqd to the Public
John Donovan spoke in favor of a fee structure that provides incentives for affordable:
high-density housing and protects agricultural land.
Ann Cerney stated that she was speaking on her own behalf, as well as Citizens for
Open Government. She objected to the certification of the EIR on the grounds that it
does. not conform to the mandates set forth in the California Environmental Quality.
Act (CEQA) and sections 21000, 20001, 20002, and 20003 of the Public Resources
Code, which directs that each lead agency or public entity maintain specific policies
under CEQA including the following requirements:
To maintain a quality of environment for the people of California;
To provide an environmental health standard and pleasing environment;
That the agency understand the relationship between a high quality of.
environment and the general welfare of the people of California;
That the agency identify critical thresholds for health and safety cat the people of
California;
Continued October 20, 2004
> That the agency in its regulations of activities give major consideration to the.
prevention of environmental damage while at the same time providing a decent
home and satisfactM living environment for every Californian; and
� That the agency ensure long-term protection of the environment consistent with
provision of home and suitable living environment for every Californian.
Ms. Cerney added that the guiding criterion should be that all public decisions should.
require governmental agencies at all levels to consider qualitative factors as well as.
economic and technical factors. Further, agencies should consider long-term benefit
and costs in addition to the short-term benefits and costs, as well as alternatives to
the proposed actions effecting the environment. Ms. Cerney stated that CEQA.
includes a substantive mandate that public agencies are to refrain from making.:
decisions with significant environmental effects if there are feasible alternatives or
mitigating alternatives to the measure that can substantially lesson or avoid those
effects. She pointed out that on the issue of affordable housing there is only one
substantive address, which is the possible loss by conversion of the 40 -unit
Creekside South Apartments from moving Section 8 housing to private ownership.
Ms. Cerney alleged that if the faulty FIR is certified, it would give a message that the
General Plan EIR may be equally flawed. She believed that if the EIR is adopted in
its present form it could lead to -serious litigation.
Mr. Bartlam commented that staff has already begun the process of attempting to
extend the restrictions on the Creekside Apartment rental units. A meeting has taken:
place with the Housing Authority and a non-profit in Stockton who has interest in
acquiring the project and would put the units in affordability in perpetuity.
Ms. Cerney clarified that she was asking the City to think in terms of preparing the
EIR and Housing Element in a way which was more visionary.
John Donovan asked how progress would be made that is outlined in the Housing
Element.
Mr. Bartlam explained that each one of the implementation programs that is listed in.
the housing strategy has a timeframe for completion. A variety of actions will come
back to Council for adoption. There are 31 different programs outlined for
implementation.
Pudic Portion of [-§earin Closed
The City Council, on motion of Mayor Pro Tempore Beckman, Hanson second. F
unanimously adopted the following resolutions:
* Resolution No. 2004-223 certifying the Final Program Environmental Impact Report
(EIR 03-03) for the 2003-09 Housing Element; and
* Resolution No. 2004-224 adopting the 2003-09 Housing Element,
VOTE
The City Council, on motion of Mayor Hansen, Beckman second, unanimously voted to continue
with the remainder of the meeting following1he 11.00 p.m. hour, with the exception of Item 1-2,
which will be continued to the regular meeting of November 3, 2004.
K COMMUN
H-1 Clair is fileef against the Cit cif C.odi None
H-2 None
0
Cordinued 0efober 20, 2004
H-3 The following postings/appointments were made:
a) The City Council, on motion of Council Member Hitchcock, Backman second,
unanimously appointed Council Member Larry Hanson to serve on the San
Joaquin Council of Governments' Regional Transportation Impact Fee Policy
Committee for an unspecified term.
b) The City Council, on motion of Mayor Hansen, Land second, unanimously.
directed the City Clerk to post for the following vacancy:
S
Anigr Citizens Commission
Jerry Loberg Term to expire December 31, 2006
H-4 Miscellaneous
a) City Clerk Slackston presented the cumulative Monthly Protocol Account Report.
through September 30, 2004,
b) City Clerk Blackston presented for informational purposes the communication.:
received from the Secretary of State's Office confirming the correct. date of.
incorporation for the City of Lodi as December 6, 1906, the date that the
incorporation papers were filed by the Secretary of State's office.
1-1 "Consider options regarding the reopening and operation of Lodi Skate Park and take.:
appropriate action"
Interim City Manager Keeler noted that Council received a "blue sheet" regarding skate
park insurance (filed),
Parks & Recreation Director Goehring recalled that a Shirt -sleeve Session was. hold on.
September 28 to provide Council with an update on the Lodi Skate Park. At that time, the..
City's Risk Manager had been attempting to secure insurance that would cover losses .. up:
to $500,000 of the City's self-insured retention. He outlined the following options:
Do nothing until a secondary or gap liability insurance policy is provided;
Close, dismantle, sell the skate park equipment and convert the existing pad to
another use;
Reopen the skate park with the City assuming 100% of the $500,000 self-insured:
retention risk under the California Joint Powers Risk Management Authority policy;
Reopen the park with the City assuming 100% of the $500,000 self-insured retention
risk until a secondary or gap policy is put into place; or
Contract with an independent firm, business, or agency to operate, maintain, and
manage the skate park as was done previously.
Mr. Goehring reported that an inspection of the skate park equipment was performed on.
October 6 by Hal Higgins, a manufacturer's representative for Game Time Play
Equipment. Mr. Higgins felt that there were several items that needed to be addressed
before allowing any activity at the facility, such as replacing bolts and panels .that are.
cracked or broken. Mr. Goehring expressed concern regarding the operation and
maintenance costs of the skate park and noted that funding is not included in the 2004-05
budget,
Kirk Evans, Risk Manager, reported that the insurance premium is $6,000 a year. The:
policy provides $1 million general liability coverage and in aggregate $2 million if there
were more than one incidence. There is a $500 per occurrence deductible and it does
no t require park supervision or waivers.
Council Member Land asked Mr. Evans to check the background of the insurance broker
to conf i rrh there have been no complaints tiled.
to
Continued October 20, 2004
C ric Ramirez spoke in support of skateboarding and parks. He provided Council
with statistical information (filed), which. he reviewed. He emphasized that parent.
participation is key for the success of any skate park and noted that skating
magazines have promoted antisocial behavior and street skating.
Brad VanderHamm reported that the 180 Teen Center has a skate park, at which
approximately 30 youth use each day. He expressed concern regarding opening the
Lodi Skate lark and not providing supervision or requiring waivers. He suggested
that staff from the Teen Center may be able to provide some supervision of the park.
Council Member Hitchcock noted that the staff report indicated that direction was given by
the Council at the September 24 Shirtsleeve Session. She pointed out that direction was
not given, as it was an informationaf meeting, at which no action can be taken.
IOTtONf lI T:
The City. Council, on motion of Council Member Land, Beckman second, unanimously.
directed staff to reopen the skate park on the condition that; 1) an insurance policy be:
purchased; 2) an investigation be done on the broker of record through the State:;
Insurance Commissioner; 3) all necessary signs are posted at the skate park; and 4) staff
returns to Council for approval of repair and maintenance costs of the equipment at the
skate park, if over $5,000.
1-2 "Adopt resolution approving impact Mitigation Fee Program Annual Report for Fiscal Year
2043.04" was hulled from the agenda and continued to the regular meeting ot`
November 3, 2004.
1-3 "Approve expenses incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation ($537,239.23)"
City Attorney Schwabauer reported that a total of $1.21 million has been spent on
attorneys' fees and roving costs through the month of August, including expenses .
requested under this item. In addition, the City has expended $254,265 in technical
expenses, and during the period of January through August it has expended $88,989 for
the services of JAMS (mediator Lester Levy) and the technical consultant. He stated that
the City is spending approximately $194,000 a month and noted that the Lodi Nevus
Sentinel incorrectly reported the figure at $430,000. He painted out, however, that since
the services of Folger Levin and Kahn have been provided the City is spending $250,000
a month. Mr. Schwabauer reviewed invoices listed on "blue sheet" documents (filed).
M TiaN V T.
The City Council, on motion of Mayor Hansen, Beckman second, unanimously approved.
the expenses in the amount of $526,246.23 (includes a $10,993.00 reduction from the
original amount) incurred by outside counsel/consultants relative to the Environmental
Abatement Program litigation.
1-4 "Approve Special Allocation for expenses incurred for general counsel work previously'
approved at the October 6, 2004, Council meeting„
City Attorney Schwabauer explained that at the October 6 Council meeting expenses in
they amount of $111,930.69were approved for services provided by Kronick, Moskovitz,
Tiedemann & Girard. Subsequently, it was realized that invoices totaling $64,325.74 were;
for work not related to the Environmental Abatement Program litigation and that a special
allocation for this amount would be needed.
1C�T1fQN 1 �f;`�.
The City Council, can motion of Council Member Hitchcock, Hansen second, unanimously
approved a Special Allocation in the amount of $64,325.74 for expenses incurred for
general counsel work previously approved at the October 6, 2004, Council Meeting.
11
Continued October 20, 2004
QB2VAUM
J-1 Following reading of the title of Ordinance No. 1753 entitled, "An Ordinance of the City.:
Council of the City of Lodi Amending Title 12, 'Streets, Sidewalks, and Public PlaQes,, of.
the Lodi. Municipal Code by adding Chapter 12.07 Relating to Establishing the Lodi
Tourism Business Improvement District (LTBID)," having been introduced at a regular.
meeting of the Lodi City Council hold October 6, 2004, the City Council, on motion of
Mayor Pro Tempore Beckman, Hansen second, waived reading of the ordinance in full
and adopted and ordered it to print by the following vote:
Ayes: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
K MS
• Council. Member Hitchcock reported that a subcommittee of the Greenbelt Task Force,.
consisting . . of herself, Community Development Director 8artlam, Bruce Fry, and one other:
individual, will be considering what a greenbelt should look like, pinpointing geographical:.
areas, and exploring funding sources. She noted that a flier has been circulated regarding:
Measure R that appears to be supported by the greenbelt Task Force; however, it is in error
because the Task Force had not taken a position on the matter.
• Council Member Land commented that for four years James Baum has been complaining:.
about garbage trucks leaking oil on City streets and felt that something should be done to
resolve the issue.
Council Member Hitchcock pointed out that depreciation and replacement of vehicles is built
into the rate structure and if the City does not demand it as part of its contract, the new
vehicles Wflf go to another city that does.
City Attorney Schwabauer reported that the City of Lodi is named as a party to litigation that
Mr. Baura has initiated against the garbage company,
Council Member Land and Mayor Hansen requested that the City Attorney, Interim City
Manager, and Public Works staff review the situation and return to Council with a
recommendation.
Mayor Hansen commented that there are many misleading brochures being circulated
regarding Measure R.
L. COMMENTS BY THE CITY
Interim G! ty Manager Keeler noted that City Council meetings can now be viewed over the
Internet on the City's website.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
1225 a.m., Thursday, October 21, 2004,
ATTEST:
Susan J. Blackston
City Clerk
12