HomeMy WebLinkAboutMinutes - January 17, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 17, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of January 17, 2007, was called to order by Mayor
Johnson at 6:30 p.m.
Present: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Absent: Council Members — Hansen and Mounce
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Acting
Labor Negotiators), regarding Lodi City Mid -Management Association, Maintenance and
Operators and General Services Groups, Police Officers Association, Professional
Firefighters, and Fire Mid -Managers pursuant to Government Code §54957.6
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-3 ADJOURN TO CLOSED SESSION
At 6:30 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:00 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:03 p.m., Mayor Johnson reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
Item C-2 (a) was discussion only, and Item C-2 (b) was not discussed.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of January 17, 2007, was called to order by Mayor Johnson at
7:03 p.m.
Present: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Absent: Council Members — Hansen and Mounce
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Steve Newman, First Baptist Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Johnson.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 Proclamations — None
D-3 Presentations — None
Continued January 17, 2007
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Hitchcock, Katzakian second, approved the following items hereinafter set forth
with the vote shown below:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
E-1 Claims were approved in the amount of $10,562,261.33.
E-2 The minutes of January 2, 2007 (Shirtsleeve Session), January 3, 2007 (Regular Meeting),
and January 9, 2007 (Shirtsleeve Session) were approved as written.
E-3 Authorized the sale of scrap wire and metal at periodic intervals during calendar year 2007.
E-4 Approved the plans and specifications and authorized advertisement for bids for White
Slough Water Pollution Control Facility Phase 3 Improvements Project 2007 and authorized
the pre -purchase of aeration panels in the amount of $609,029.
E-5 Approved the specifications and authorized advertisement for bids for tree trimming for fiscal
year 2006-07.
E-6 Approved the specifications and authorized advertisement for bids for 20,000 feet of #1/0
15kV underground cable.
E-7 Adopted Resolution No. 2007-05 declaring the City -owned basketball floors and
miscellaneous equipment from the Lodi Grape Festival Pavilion as surplus property and
authorized advertisement for bids to dispose of this property.
E-8 Adopted Resolution No. 2007-06 awarding the contract for Well 28 Pump and Motor and
Site Improvements Project, 2800 West Kettleman Lane, to Preston Pipelines, Inc., of
Milpitas, in the amount of $284,986, and appropriating funds in the amount of $110,000.
E-9 Adopted Resolution No. 2007-07 authorizing the City Manager to ececute San Joaquin
Council of Governments Cooperative Agreement Amendment No. 1 for Dial -A -Ride capital
purchase.
E-10 Adopted Resolution No. 2007-08 authorizing the City Manager to negotiate and purchase
five Type 2 medium bus (Dial -A -Ride) transit vehicles off of the State contract, authorizing
conversion of the five vehicles to compressed natural gas, and appropriating funds in the
amount of $450,000.
E-11 Adopted Resolution No. 2007-09 authorizing renewal of support agreement for Electronic
Customer Information Billing System from Alliance Data Systems, of Dallas, Texas, in the
amount of $57,750.
E-12 Adopted Resolution No. 2007-10 to concur with staff's authorization to modify LSA
Associates contract to perform additional economic work for the Greenbelt General Plan
Amendment in the amount of $9,000.
E-13 "Approve Contract with Kronick Moskovitz Tiedemann & Girard for Services as Bond
Counsel in Connection with the Formation of Community Facilities Districts" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-14 "Adopt Resolution Authorizing the City Manager and Electric Utility Director to Issue a
Request for Bids, Lbtermine be Best Bd, and Execute a Contract for a 25 -Megawatt
Baseload Power Purchase for Fiscal Years 2008 through 2010 at a Cost Not to Exceed $65
Per Megawatt Hour' was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar.
2
Continued January 17, 2007
E-15 Adopted Resolution No. 2007-11 approving the addition of purchasing procedures to the Art
in Public Places Policy.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-13 "Approve Contract with Kronick Moskovitz Tiedemann & Girard for Services as Bond
Counsel in Connection with the Formation of Community Facilities Districts"
Council Member Hitchcock inquired about the costs associated with services performed by
bond counsels. City Attorney Schwabauer stated the Oty Council has not historically
approved contracts for bond counsel as there is a provision to allow staff to execute
contracts with bond counsel within bond documentation. He stated a review of previous
bond counsel invoices showed that closing invoices are not detailed and are generally paid
from the final bond proceeds.
In response to Mayor Johnson, City Attorney Schwabauer stated San Francisco firms
generally are paid higher because their transactional costs are higher and there is a
presumption that the firms are better. Mr. Schwabauer stated he believed the Sacramento
firm will do a good job at a cost savings and he will provide close oversight of the bills.
In response to Council Member Hitchcock, City Manager King stated that generally the
underwriter and bond counsel work at a contingency and are paid from the bond issue.
In response to Council Member Hitchcock, City Manager King stated there are no concerns
regarding whether or not the bonds will issue. He stated there is a need for specialized
information and they are too far removed from the actual bond issuance at this time.
Mayor Johnson expressed concerns regarding using Orrick versus Kronick based on his
review of the companies' historical and financial information from their respective Web sites.
City Attorney Schwabauer stated he has worked with Kronick before on similar matters and
is confident in its ability to do a good job.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Katzakian second, approved the
contract with Kronick Moskovitz Tiedemann & Girard for services as bond counsel h
connection with the formation of Community Facilities Districts. The motion carried by the
following vote:
Ayes: Council Members — Hitchcock and Katzakian
Noes: Council Members — Mayor Johnson
Absent: Council Members — Hansen and Mounce
E-14 "Adopt Resolution Authorizing the City Manager and Electric Utility Director to Issue a
Request for Bids, Determine the Best Bid, and Execute a Contract for a 25 -Megawatt
Baseload Power Purchase for Fiscal Years 2008 through 2010 at a Cost Not to Exceed $65
Per Megawatt Hour"
Council Member Hitchcock stated she requested the matter be pulled to give the public an
opportunity to provide input.
Electric Utility Director George Morrow provided a PowerPoint presentation (filed) regarding
the proposal to obtain baseload power for fiscal years 2008 through 2010. Specific topics of
discussion included background, existing power resources, open position, net energy
balance, open position strategy, procurement process, and staff recommendations.
Continued January 17, 2007
Discussion ensued between Council Member Hitchcock and Electric Utility Director Morrow
regarding market trends for energy procurement for short and long-term purchases.
Mr. Morrow stated he was not sure how the purchasing trends would affect global warming
since those regulations are further down the road. He stated bad snow pack could cause
market price fluctuation and the City is working with the consultant to pursue reasonable
buying strategies for the City.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Katzakian second, adopted
Resolution No. 2007-12 authorizing the City Manager and Electric Utility Director to issue a
request for bids, determine the best bid, and execute a contract for a 25 -megawatt
baseload power purchase for fiscal years 2008 through 2010 at a cost not to exceed $68
per megawatt hour (pursuant to Blue Sheet Item submitted and filed in the City Clerk's
Office). The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
00 Lori Otterbeck, a resident on Lake Street, spoke in favor of increased enforcement activity and
stop sign installation on Lake and Cross Streets based on her concerns regarding increased
traffic speeds in a neighborhood with a high population of children. She provided a petition
signed by neighbors (filed), stating the neighbors may participate in a fundraiser associated with
the installation of a stop sign. City Manager King stated the appropriate departments will follow
up.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Hitchcock reported on her contact with a city in Germany, which is interested
in doing an arts exchange with the City of Lodi, and requested staff follow up with the Arts
Commission regarding the same.
00 Mayor Johnson requested performance evaluations for all three City Council appointees be
placed on the agenda.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
co City Manager King introduced Rob Lechner. Mr. Lechner provided a brief presentation regarding
the Energy Smart workshops held at Hutchins Street Square and invited the public to attend the
viewing of 'Who Killed the Electric Car" by Martin Sheen at 6:00 p.m. on Monday, January 22,
2007.
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 Council Member Hitchcock, Johnson second,
extended the following brms rn the Recreation Commission to allow continued
service until appointments are made to fill the vacancies by the vote shown below:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
Recreation Commission — Terms extended to such time as additional appointments are made
Ken Sasaki
Ed Wall, Jr.
Barbara Wardrobe -Fox
0
Continued January 17, 2007
J-3 Miscellaneous
a) The City Council, on motion of Mayor Johnson, Hitchcock second, accepted the
cumulative Monthly Protocol Account Report through December 31, 2006, as
submitted. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
K. REGULAR CALENDAR
K-1 "Adopt Resolution Establishing an Electric Reserve Fund Policy"
Electric Utility Director Morrow provided a PowerPoint presentation (filed) regarding the
proposed resolution establishing an electric reserve fund policy. Specific topics of
discussion included background, consultant recommendations, current versus
recommended reserve levels, overview of electric reserve fund policy, and reserve funding
options.
In response to Mayor Johnson, Mr. Morrow stated the policy will reflect positively and
significantly with rating agencies who want to see liquidities and money in the bank as
evidence of a healthy electric utility.
In response to Council Member Hitchcock, Mr. Morrow confirmed that the policy does not
provide for specific dollar amounts at this time, only that reserves will be closely monitored
and built.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Katzakian second, adopted
Resolution No. 2907-13 establishing an Electric Reserve Fund Policy. The motion carried
by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
K-2 "Discuss and Approve the Revised Design and Conceptual Plan for Roget Park, a 4.64 -Acre
Parcel Located at 2229 Tienda Drive, as Recommended by the Parks and Recreation
Commission"
City Manager King briefly introduced the subject matter of a design and conceptual plan for
Roget Park.
Parks and Recreation Director Tony Goehring provided a presentation regarding Roget
Park, specifically discussing proposed development options, chronological history, Census
map and figures, acreage available for project development, proposed conceptual site plans
for master planned park, development costs, and correspondence from Dr. Roget. Mr.
Goehring stated options include building the original park design at $1.7 million, developing
the vanilla park design at $545,000, or/or giving a portion of the property back to the Roget
family and selling the remainder. Mr. Goehring stated the Parks and Recreation
Commission approve of the vanilla park design and that fiscal impacts associated with the
mitigation fee and department line item budgeting have not been reviewed in detail.
Council Member Hitchcock suggested including the 3.39 acres in the vanilla park plan. She
also expressed concerns regarding frontage of curb, gutter, and sidewalk, narrow access
for police response, building a road on the side of the park, and houses fronting the park for
security purposes.
Continued January 17, 2007
In response to Mayor Johnson, Steve Virrey, Park Project Coordinator, stated Roget Park
is 251 feet in width and Century Meadows Park is a close comparison to the proposed
Roget Park.
City Manager King stated the City Council can pursue a variety of options for property
across the park including senior housing, single-family detached homes, and mixed uses.
He stated there are options to surplus the property, which may require a review of
demographic and statistical census information. Mr. Prima stated there are a variety of
options available with road development as well.
Mr. Goehring stated 130 letters were sent to surrounding neighborhoods and few responses
were received.
PUBLIC COMMENTS:
00 Randy Snider, representing the neighbors backing up to the proposed park on Brittany
Lane, spoke in favor of the vanilla park development, stating his opposition to the sale
of the property due to the size of the lot.
Council Member Hitchcock expressed interest in senior housing to allow for street visibility
for a proposed park.
Discussion ensued between Mayor Johnson and Public Works Director Prima regarding
zoning and the potential location of a proposed road.
In response to Council Member Hitchcock, City Manager King stated there may be an
opportunity for revenue in connection with the development of the park through the sale of
the 3.39 acres or a senior housing development across from the proposed park.
Discussion ensued between Council Member Hitchcock and City Manager King regarding
the value of the proposed surplus property, senior housing and single-family residence
development in the area, park impact fees, and ongoing costs associated with maintenance
for the proposed park.
Mayor Johnson stated funds generated in connection with Parks and Recreation should
remain with the same and inquired about a motion to approve Option 2 with a minimal park,
selling the proposed surplus property, and giving the remaining funds to Parks and
Recreation.
Council Member Hitchcock stated she could support a motion with a street next to the park
and limit development to senior housing only.
Discussion ensued between Mayor Johnson, Council Member Htchcock, City Manager
King, and Public Works Director Prima regarding backing potential residential uses to the
Target shopping center.
Council Member Katzakian stated he agreed that money should be put back into Parks and
Recreation.
City Manager King stated park impact fees must be used for the same and suggested
tabling the matter while staff conducts further research so that a full Council can consider
and make a decision on the project.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Katzakian second, tabled the
subject matter until such time as all Council Members could be present. The motion
carried by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
3
Continued January 17, 2007
RECESS
At 8:57 p.m., Mayor Johnson called for a recess, and the City Council meeting reconvened at
9:08 p.m.
K. REGULAR CALENDAR (Continued)
K-3 "Receive Progress Report on City of Lodi General Plan Update"
Community Development Director Randy Hatch provided a status report regarding the
General Plan update. Specific topics of discussion included public outreach, newsletter and
general information dissemination at the end of the month, stakeholder meetings in March,
the proposed planning area, study area to 1-5, previous discussion at Greenbelt Task Force
meetings, and Planning Commission review. Mr. Hatch stated the item was before the
Council for informational purposes only.
Discussion ensued between Council Member Hitchcock and Mr. Hatch regarding the
extension of the proposed study area to square it off on the east and north sides with the
potential of enlarging the other sides as well because it is easier to study a larger area
currently than it would be later.
Mr. Hatch reviewed the schedule for study strategies and papers, costs associated with the
extended area, and impact on the budget for study purposes.
PUBLIC COMMENTS:
0o Ann Cerney spoke in opposition to a study encompassing the Mokelume River area.
Council Member Hitchcock commented regarding preserving a greenbelt area in North
County and the Sphere of Influence. Mayor Johnson stated the subject matter is a good
topic for the shareholder meetings. Mr. Hatch provided an overview of the three -tiered
categorization including a General Plan area, a Sphere of hfluence, and city limit
incorporation.
00 Pat Patrick, representing the Chamber of Commerce, stated cities and counties should
work together through economic agreements of mutual benefit and to preserve open
space, which cannot be done by regulation. He encouraged the City to work with the
new Stockton Mayor for tourism purposes.
Mayor Johnson and Council Member Hitchcock suggested contacting the Mayor in
Stockton and the new supervisor to work together on common problems in response to the
invitation by the Stockton Mayor to do the same.
MOTION / VOTE:
There was no Council action taken on this matter.
K-4 "Receive and Consider the Major Development Projects in North Stockton" was pulled and
tabled for the next regular City Council meeting.
L. ORDINANCES
L-1 Following reading of the title of Ordinance No. 1789 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Title 12 — Streets, Sidewalks, and Public Places —
Chapter 12.06, 'Downtown Lodi Business Improvement Area No. 1,' by Repealing and
Reenacting Section 12.06.050, 'Establishment of Benefit Fee,"' having been introduced at a
regular meeting of the Lodi City Council held January 3, 2007, the City Council, on motion
of Council Member Hitchcock, Johnson second, waived reading of the ordinance in full and
adopted and ordered it to print by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
Abstain: Council Members — None
7
Continued January 17, 2007
L-2 Following reading of the title of Ordinance No. 1790 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code, Title 9 — Public Peace, Morals,
and Welfare — Chapter 9.08, 'Offenses Against Property,' by Repealing and Reenacting
Section 9.08.080, 'Definitions,' Adding Section 9.08.115, 'Loitering in Certain Public Places
Prohibited,' and Deleting Section 9.08.160, 'Violation — Infraction,"' having been introduced
at a regular meeting of the Lodi City Council held January 3, 2007, the City Council, on
motion of Council Member Hitchcock, Johnson second, waived reading of the ordinance in
full and adopted and ordered it to print by the following vote:
Ayes: Council Members — Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hansen and Mounce
Abstain: Council Members — None
L-3 Following reading of the title of Ordinance No. 1791 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code, Title 9 — Public Peace, Morals,
and Welfare — to Add Chapter 9.15, 'Prohibition Against Certain Forms of Aggressive
Solicitation,"' having been introduced at a regular meeting of the Lodi City Council held
January 3, 2007, the City Council, on motion of Mayor Johnson, Katzakian second, waived
reading of the ordinance in full and adopted and ordered it to print by the following vote:
Ayes:
Council Members
— Hitchcock, Katzakian, and Mayor Johnson
Noes:
Council Members
— None
Absent:
Council Members
— Hansen and Mounce
Abstain:
Council Members
— None
L-4 "Adopt Ordinance No. 1792 entitled, 'An Ordinance of the Lodi City Council Repealing and
Reenacting Chapter 5.32 of the Lodi Municipal Code Pertaining to Massage
Establishments"' was pulled from the agenda.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 9:46
p.m.
ATTEST:
Randi Johl
City Clerk