HomeMy WebLinkAboutMinutes - May 2, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 2, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of May 2, 2007, was called to order by Mayor Johnson at
5:30 p.m.
Present: Council Members — Hansen, Hitchcock, Katzakian [excluding C-2 (c)], Mounce, and
Mayor Johnson
Absent: Council Members — None
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 Unrepresented Mid -Management and Executive Management
Groups and Police Mid -Management Pursuant to Government Code §54957.6
b) Actual Litigation: Government Code §54956.9(a); One Case; County of San Joaquin v. City
of Stockton et al., San Joaquin County Superior Court, Case No. CV029651
C) Actual Litigation: Government Code §54956.9(a); One Case; Hartford Accident and
Indemnity Company, et al. v. City of Lodi, et al.. Superior Court, County of San Francisco,
Case No. 323658
C-3 ADJOURN TO CLOSED SESSION
At 5:30 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:05 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:10 p.m., Mayor Johnson reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
Items C-2 (a) and C-2 (b) were discussion only.
In regard to Item C-2 (c), settlement authority was given.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of May 2, 2007, was called to order by Mayor Johnson at
7:10 p.m.
Present: Council Members — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Rod Suess, Vinewood Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Johnson.
Continued May 2, 2007
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Mayor Johnson presented a proclamation to Captain David Main proclaiming the month of
May 2007 as "Peace Officer Memorial Month" in the City of Lodi.
D-2 (b) Mayor Johnson presented a proclamation to Bonney Schnabel, Public Works
Administrative Clerk, proclaiming the week of May 20 — 26, 2007, as "National Public
Works Week" in the City of Lodi.
D-2 (c) Mayor Johnson presented a proclamation to Mark Chandler with the Lodi -Woodbridge
Winegrape Commission proclaiming the month of May 2007 as "Zinfandel Month" in the
City of Lodi.
D-3 Presentations — None
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Hitchcock, Mounce second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $2,821,330.28.
E-2 The minutes of April 4, 2007 (Regular Meeting), April 10, 2007 (Shirtsleeve Session),
April 10, 2007 (Special Meeting), April 17, 2007 (Shirtsleeve Session), April 17, 2007
(Special Joint Meeting w/Arts Commission), and April 24, 2007 (Shirtsleeve Session) were
approved as written.
E-3 Approved the specifications and authorized advertisement for bds to procure 15kV class
indoor switchgear for the Killelea Substation Rehabilitation Project.
E-4 Approved the request for proposals for services to provide the routing and siting evaluation,
alternative and right-of-way analysis, issue identification, cost/benefit ttudies, and other
related recommendations for a potential transmission line interconnection to White Slough
Water Pollution Control Facility.
E-5 Adopted Resolution No. 2007-73 approving the purchase of 14 Delta Force Level IIIA
ballistic helmets from Brandon Enterprises for the Lodi Police Department Special
Weapons and Tactics Team in the amount of $5,810.
E-6 Adopted Resolution No. 2007-74 accepting the aNard from the Department of Homeland
Security for the purchase of radios for the Lodi Police Department's Special Weapons and
Tactics Team and appropriating $60,000 for purchase of radios.
E-7 Adopted Resolution No. 2007-75 awarding the contract for Elm Street Overlay 2007 to
DSS Engineering Company, of Stockton, in the amount of $374,833.
E-8 Adopted Resolution No. 2007-76 approving the agreement between the City of Lodi and
Spare Time, Inc., dba Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club
facilities that will serve the Summer Swim League Program, which will run for the period of
May 29, 2007 to July 26, 2007.
E-9 "Adopt Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Wenell Mattheis Bowe for Finance Department Relocation ($82,000)" was
removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
2
Continued May 2, 2007
E-10 Approved letters to State Water Resources Control Board in support of Mokelumne River
water rights applications for North San Joaquin Water Conservation District and
San Joaquin County.
E-11 Set public hearing for May 16, 2007, to consider introduction of an ordinance anending
Chapter 13.20, "Electrical Service," by amending §13.20.210, Schedule EM (Mobile Home
Park Service) to become effective July 1, 2007.
E-12 Set public tearing for May 16, 2007, to consider introduction of an ordinance amending
Chapter 13.20, "Electrical Service," by replacing §13.20.175, Schedule MCA (Market Cost
Adjustment), with Schedule ECA (Energy Cost Adjustment).
E-13 Set public hearing for June 6, 2007, to consider adopting resolution adjusting Consumer
Price Index -based water and wastewater rates.
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
E-9 "Adopt Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Wenell Mattheis Bowe for Finance Department Relocation ($82,000)"
This item was pulled by Mayor Johnson.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, adopted
Resolution No. 2007-77 authorizing the City Manager to ececute a professional services
agreement with Wenell Mattheis Bowe for Finance Department relocation in the amount of
$82,000. The motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mounce
Noes: Council Members — Mayor Johnson
Absent: Council Members — None
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
00 Daniel Arbuckle with Lodi Bicycle spoke in favor of constructing a bicycle track in the city,
possibly next to Salas Park. City Manager King stated a staff member from the Parks and
Recreation Department will contact the speaker.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
00 Mayor Pro Tempore Mounce reported on her attendance at the San Joaquin Council of
Governments One Voice conference in Washington DC and her meetings with Congressman
McNerney and Congressman Cardoza.
oo Council Member Hansen reported on his attendance at the Northern California Power Agency
conference in Washington DC and his meetings with members of the Congress, Senate,
Department of Energy, and Federal Energy Regulation Commission. He also mentioned the E -
Waste Recycling event on May 19th at the Grape Bowl and congratulated the Lodi Unified
School District on renovating the old Aiken School site.
00 Mayor Johnson reported on his attendance at the meeting regarding commuter rail service along
the Highway 99 corridor.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo City Manager King provided an overview of the citizen satisfaction survey and the timeline
associated with the same. Mr. King also stated staff has issued the request for proposals for
the Guild property site. In response to Council Member Hitchcock, Mr. King stated the open
period will last approximately a month and a half and staff will research possibilities of listing
with the Multiple Listing Service.
Continued May 2, 2007
PUBLIC HEARINGS
1-1 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Johnson called for the continued public hearing to
consider adoption of resolution establishing Public Works Department Engineering Fees for
various development -related engineering services; establishing standard unit price schedule
for calculation of engineering fees and improvement security; and establishing requirement
for warranty security for public improvements.
Public Works Director Prima provided an overview of the proposed engineering fees,
specifically discussing the fee schedule, plan check fees, percentage cost of
improvements, the standard schedule of unit prices to process developments,
reimbursement agreements for developers, partial acceptance for developers, and collecting
costs of service for new services that are not currently accounted for.
Hearina Opened to the Public
None
Public Portion of Hearina Closed
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Mounce second, unanimously
adopted Resolution No. 2007-78 establishing Public Works Department engineering fees for
various development -related engineering services; establishing standard unit price schedule
for calculation of engineering fees and improvement security; and establishing requirement
for warranty security for public improvements.
1-2 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Johnson called for the continued public hearing to
consider adoption of resolution setting Storm Drainage Permit Compliance Inspection fees
for wet season construction inspections.
Public Works Director Prima provided an overview of the Storm Drainage Permit
Compliance Inspection fees, specifically discussing State mandates for storm drain
permits, the inspection component of the program, and the use of consultants for
inspections in the wet season.
In response to Council Member Hansen, Mr. Prima stated the fee is recommended by the
consultant firm and includes an administration cost.
In response to Council Member Htchcock, Mr. Prima stated staff will return to Council for
the approval of the contract for inspections. He also stated that the 25% is for
administrative costs.
In response to Mayor Johnson, Mr. Prima stated the State does not receive a separate
portion of the fee, but it does receive approximately $11,000 for the storm water permit.
Mr. Prima stated the fee will be indexed in July.
In response to Council Member Hansen, Mr. Prima stated the inspectors will speak with
violators, write a citation, and follow up. He stated they are hopeful that this process will be
sufficient to obtain compliance before fees are assessed.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated staff could process a couple
of hundred permits when things are busy. He stated the number is also dependent upon the
number of building permits issued.
0
Continued May 2, 2007
Hearing Opened to the Public
None
Public Portion of Hearing Closed
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, unanimously
adopted Resolution No. 2007-79 setting Storm Drainage Permit Compliance Inspection fees
for wet season construction inspections.
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 Mounce, Johnson second,
unanimously made the following appointments and directed the City Clerk to post
for the one remaining vacancy on the Lodi Improvement Committee:
APPOINTMENTS
Lodi Improvement Committee
Joseph Spinelli Term to expire March 1, 2010
Sunil Yadav Term to expire March 1, 2010
Stephen Jarrett Term to expire March 1, 2010
Ron Lesan Term to expire March 1, 2008
POSTING
Lodi Improvement Committee
One Vacancy Term to expire March 1, 2008
J-3 Miscellaneous — None
K. REGULAR CALENDAR
K-1 "Consideration of Water Meter Retrofit Policy"
Public Works Director Prima provided a pesentation regarding the Water Meter Retrofit
Policy. Specific topics of discussion included historical background, Shirtsleeve follow-ups,
water use, rate structure, rates and conservation, meter costs, accelerated program, goal of
conversion, basic choices, feasibility of choices, policy issues, and staff recommendation
for accelerated program.
In response to Council Member Hitchcock, Mr. Prima stated Manteca is metered.
Discussion ensued between Council Member Katzakian and Mr. Prima regarding costs
based on readings in 2010, the 1980's time period for collecting fees for meters, and the
determination of a metered home based on the State's assessment.
In response to Council Member Hitchcock, Mr. Prima provided an explanation of a tiered
rate structure, specifically discussing peak demands, demand on wells, usage in the early
and late portions of the day, capacity to meet demands, capital costs for facilities, the need
for a cost study, residential usage, and the options available with various programs.
In response to Council Member Hansen, Mr. Prima stated there is an opportunity to control
usage with meters.
Continued May 2, 2007
Discussion ensued between Mayor Pro Tempore Mounce and Mr. Prima regarding the line
item for water infrastructure on the electrical bill, the cost of installing water meters,
previous cost studies for water, upgrades to facilities, potential for rate reduction, rate
studies, and infrastructure fees paying pipelines, wells, and line replacements.
In response to Council Member Hitchcock, City Manager King stated each owner would
pay for their own meter. He stated the City would provide an opportunity for self install via a
cut sheet and waive the installation fee. Mr. King stated an additional option could be a
lump sum payment to the contractor.
In response to Council Member Hansen, Mr. Prima stated legally they can use Community
Development Block Grant (CDBG) funding as set aside money to help low-income
homeowners install water meters, but they would need to work out the specific details. Mr.
Prima stated they may also have the option to spread out the costs over three years;
although, they will have to be cautious about cash flow and the timeline associated with a
two -rate structure.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated they probably have one to
two thousand people on the SHARE program from water and electric. City Manager King
stated the CDBG component may be reserved for hardship cases only and they will look
into other safety relief programs for hardship cases.
In response to Mayor Johnson, Mr. Prima stated the $1.1 million figure can be absorbed by
the current budget funds.
In response to Council Member Hitchcock, Mr. Prima stated he was not sure about utilizing
the home funds component of the CDBG monies. Discussion ensued between Council
Member Hitchcock, Mayor Johnson, and City Manager King regarding funding options.
City Manager King provided an overview regarding the option for everyone to pay for their
own meter and the option of everyone paying a fee and sharing services from the collective
pot. Mr. King stated the City can take until 2025, in which case rates may go up over time;
although, this would prolong the time for a divided rate structure.
PUBLIC COMMENTS:
oo Alicia Irvine spoke in favor of the recommended accelerated water meter installation
program based on a proposal where everyone pays for their own meter.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Hitchcock sacond, approved
staffs recommendation and timeline for the accelerated Water Meter Retrofit Policy by the
following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — None
RECESS
At 9:20 p.m., Mayor Johnson called for a recess, and the City Council meeting reconvened at
9:31 p.m.
K. REGULAR CALENDAR (Continued)
NOTE: Item K-7 was heard out of order.
K-7 "Approve Lodi Tourism Business Improvement District (LTBID) 2007 Annual Report, as
submitted by the LTBID Board of Directors"
3
Continued May 2, 2007
City Manager King provided a brief introduction of the subject matter.
Nancy Beckman, Executive Director of the Lodi Visitors and Conference Bureau, provided
an overview the previous and upcoming year plans for the Lodi Conference and Visitors
Bureau. Specific topics of discussion included proposed programmatic changes, marketing
and promotion activities in the leisure and group markets, public relations, customer service
and hospitality, communications, and the annual budget.
In response to Mayor Johnson, Mrs. Beckman stated approximately 30 to 35 wineries out
of 65 are doing some sort of wine tasting and contributing to approximately 200,000 visitors
per year.
In response to Council Member Hansen, Mrs. Beckman stated she will need to speak with
the Lodi Tourism Business Improvement District (LTBID) attorney regarding any
amendments to the boundaries to include Flag City hotels and the process associated with
the same.
Discussion ensued between Mayor Johnson, City Manager King, and Mrs. Beckman
regarding increasing the Transient Occupancy Tax (TOT), the 6% amount which goes to the
General Fund, the 3% fee which generates revenue for the LTBID, other city and county
averages regarding the same, business model based on number of beds, and public funding
as the standard in industry.
In response to Mayor Pro Tempore Mounce, Mrs. Beckman stated last year's funding was
a bit more because the organization reduced its budget for the upcoming year as requested
by Council previously.
In response to Council Member Hansen, City Manager King stated the permit had been
pulled for the Hampton Inn.
PUBLIC COMMENTS:
oo Sunil Yadav, LTBID Board Member, spoke in opposition to any proposed TOT increase,
stating it would be a burden to middle-class customers and hotel operators.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Mounce second, unanimously approved the
LTBID 2007 Annual Report, as submitted by the LTBID Board of Directors.
K-2 "Receive Progress Report on City of Lodi General Plan Update"
Planning Manager Peter Pirnejad provided a progress report regarding the City's General
Plan update. Mr. Pirnejad specifically discussed the two-year timeline for completion, draft
working papers, preparing a newsletter and survey, stakeholder report and process,
community organization involvement, data collection for analysis, and the potential for
delays due to the need for additional public participation.
In response to Council Member Hansen, Mr. Pirnejad stated that, while Mr. Bhatia is
proactive, the only amendment he has seen to date is for actual cost only due to a
widening of the scope of services.
In response to Council Member Hitchcock, Mr. Pirnejad stated the public workshop will be
held sometime in mid to late June.
MOTION / VOTE:
There was no Council action necessary on this matter.
7
Continued May 2, 2007
K-3 "Consideration of Adjustments to the City Manager and City Attorney Employment
Agreements"
Mayor Johnson provided a brief history of the item as agendized previously. Discussion
ensued between the City Council regarding proposed adjustments to the City Manager and
City Attorney salaries. Specific topics of discussion included standardized cost of living
adjustments, previously declined increases, base salary averages, Public Employees
Retirement System amounts, differential and spreads in comparison to department head
positions, comparisons with neighboring cities, and the potential for future salary increases.
MOTION #1 / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, adopted Resolution
No. 2007-80 approving a salary increase for the City Manager of $160,000 per year. The
motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — None
MOTION #2 / VOTE:
The City Council, on motion of Mayor Johnson, Mounce second, unanimously adopted
Resolution No. 2007-81 approving a salary increase for the City Attorney of $140,000 per
year.
K-4 "Adopt Resolution Certifying the Canvass of Election Results and Determining Results of
the Election for Community Facilities District 2007-1 (Public Services) and Introduce
Ordinance Levying and Apportioning the Special Tax in Community Facilities District
No. 2007-1 (Public Services)"
MOTION #1 / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, unanimously
adopted Resolution No. 2007-82 declaring the results of the special election held cn April
11, 2007, in Community Facilities District No. 2007-1 (Public Services).
MOTION #2 / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, unanimously
introduced Ordinance No. 1797 levying and apportioning be special tax h Community
Facilities District No. 2007-1 (Public Services).
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, unanimously voted to
not continue with the remainder of the meeting following the 11:00 p.m. hour.
K. REGULAR CALENDAR (Continued)
K-5 "Overview of 2007-08 Operating and Capital Outlay Budget and Set Public Hearing for May
30, 2007, to Review and Receive Comments Regarding City of Lodi 2007-08 Operating and
Capital Outlay Budget" was pulled from the agenda pursuant to the above vote.
K-6 "Consideration of the Status of the Animal Shelter Task Force" was pulled from the
agenda pursuant to the above vote.
K-8 "Adopt Resolution Approving Reclassification and Salary Adjustment for City Engineer and
Equity Pay Adjustment for Public Works Director" was pulled from the agenda pursuant
to the above vote.
Continued May 2, 2007
K-9 "Adopt Resolution Approving Control Point Adjustments for Executive Management and
Cost of Living Adjustments for Unrepresented Mid -Managers" was pulled from the agenda
pursuant to the above vote.
L. ORDINANCES
None
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
11:10 P.M.
ATTEST:
Randi Johl
City Clerk
E