HomeMy WebLinkAboutMinutes - June 6, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 6, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of June 6, 2007, was called to order by Mayor Johnson at
6:33 p.m.
Present: Council Members — Hansen, Hitchcock, Katzakian [excluding C-2 (a) and C-2 (b)],
Mounce, and Mayor Johnson
Absent: Council Members — None
Also Present: Deputy City Manager Krueger, City Attorney Schwabauer, and City Clerk Johl
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 a1., 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) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Acting
Labor Negotiators), Regarding Professional Firefighters and Fire Mid -Managers Pursuant to
Government Code §54957.6
C-3 ADJOURN TO CLOSED SESSION
At 6:33 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:57 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:04 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 settlement discussion only, and Item C-2 (c) was not discussed.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of June 6, 2007, was called to order by Mayor Johnson at
7:04 p.m.
Present: Council Members — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — None
Also Present: Deputy City Manager Krueger, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Scott Hubbard, Crossroads Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Johnson.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
Continued June 6, 2007
D-2 (a) Mayor Johnson presented a proclamation to Lead Equipment Mechanic Levi Regadanz
proclaiming the week of June 11 — 17, 2007, as "National Automotive Service Professionals
Week" in the City of Lodi.
D-2 (b) Mayor Johnson presented a proclamation to U.S. Army Staff Sergeants Timothy Templeton
and Richard McDaniel proclaiming the week of June 11 — 17, 2007, as "United States Army
Week" 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 $4,030,937.74.
E-2 "Approve Minutes of May 15, 2007 (Shirtsleeve Session), May 16, 2007 (Regular Meeting),
May 22, 2007 (Shirtsleeve Session), and May 29, 2007 (Shirtsleeve Session)" was
removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-3 Approved the plans and specifications and authorized advertisement for bids for restroom
replacement improvements at Henry Glaves Park, 2206 Oxford Way, and Beckman Park,
1426 Century Boulevard.
E-4 "Approve Specifications and Authorize Advertisement for Bids for Citywide School Safety
Signage at Public and Private Schools" was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar.
E-5 Approved the request for proposals for the City of Lodi Short -Range Transit Plan.
E-6 Approved the request for proposals and authorized advertisement for final design and
construction of Municipal Service Center Transit Vehicle Maintenance Facility.
E-7 "Adopt Resolution Authorizing the Dsposition of Fire Department Surplus Self -Contained
Breathing Apparatus for ❑stribution to Other Agencies" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
E-8 Adopted Resolution No. 2007-95 awarding the purchase of wood utility poles to North
Pacific Group, Inc., of Portland, Oregon, in the amount of $27,156.23.
E-9 Adopted Resolution No. 2007-96 awarding the purchase of 76,500 feet of #477MCM bare
aluminum conductor to Nexans HD Supply, of Portland, Oregon, in the amount of
$75,834.45.
E-10 Adopted Resolution No. 2007-97 awarding the purchase of 15kV Class indoor switchgear
for the Killelea Substation Rehabilitation Project to Siemens Power T&D, c/o Honn Co.,
Inc., of Vacaville, California, in the amount of $699,297.50.
E-11 Adopted Resolution No. 2007-98 awarding the contract for construction of the Killelea
Substation Rehabilitation Project to Rosendin Electric, Inc., of San Jose, California, in the
amount of $2,921,801.
E-12 Adopted Resolution No. 2007-99 awarding the concession operations at Lodi Lake Park to
Hot Diggity Dog, of Lodi, California, for the period of June 9, 2007 to December 31, 2009.
W
Continued June 6, 2007
E-13 Adopted Resolution No. 2007-100 awarding the contract for Maintenance of the Lodi
Consolidated Landscape Maintenance Assessment District 2003-1 for Fiscal Year
2007-08 to Sunworld, of Sacramento, in the amount of $24,446.
E-14 Accepted the improvements under the "Well 27 Well Drilling at 2360 West Century
Boulevard (DeBenedetti Park)" contract.
E-15 Accepted the improvements under the "Standby Generator at Well 22" contract.
E-16 Approved the Improvement Agreement for Public Improvements at 350 North Guild Avenue
and directed the City Manager and City Clerk to execute the agreement on behalf of the
City.
E-17 "Adopt Resolution Approving a One -Year Extension of the Street Tree Trimming 2007
Contract with West Coast Arborists, Inc., of Stockton ($34,220)" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar.
E-18 "Adopt Resolution Authorizing the City Manager to Extend the Contract with Trees, Inc., of
Houston, Texas, for Tree Trimming for Power Line Clearance ($420,000)" was removed
from the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-19 "Adopt Resolution Approving a Second One -Year Extension of the 2005-06 Annual Curb,
Gutter, and Sidewalk Replacement Contract with Jeff Case Construction Company, of Lodi,
for the 2007-08 Fiscal Year with a Three Percent Increase ($73,336)" was removed from
the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-20 Adopted Resolution No. 2007-102 authorizing the City Manager to execute a professional
services agreement with MIG, Inc., of Berkeley, for Lodi Avenue Design
Guidelines/Preliminary Design; and appropriating $80,000 for the project.
E-21 "Adopt Resolution Approving a One -Year Extension of Lease of Maple Square, 2 East Lodi
Avenue, for the Period of July 1, 2007 to June 30, 2008, to Alcoholics Anonymous" was
removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-22 Adopted Resolution No. 2007-103 approving the Letter of Agency designating Northern
California Power Agency as Lodi's agent for Congestion Revenue Rights and authorizing the
Electric Utility Director to execute and administer the Letter of Agency.
E-23 Adopted Resolution No. 2007-104 authorizing Change Order No. 1 to Public Works
800 MHz Radio Transmission Service contract with La Rue Communications, Inc., of
Stockton, for transit radio service in the amount of $20,000 over the three-year term.
E-24 "Adopt Resolution Approving In -Street Pedestrian Crossing Signs at Marked School
Crosswalk on Crescent Avenue at Tamarack Drive in Front of Nichols Elementary School
with Funds Provided by Nichols School Parent Teacher Association" was removed from
the Consent Calendar and discussed and acted upon following approval of the
Consent Calendar.
E-25 Canceled the July 4, 2007, Regular City Council Meeting.
E-26 Adopted Resolution No. 2007-105 approving 3% cost of living increases for Confidential
employees.
E-27 Adopted Resolution No. 2007-106 for preliminary approval of the Engineer's Annual Levy
Report and adopted Resolution No. 2007-107 declaring intention for the levy and collection
of assessment for the Lodi Consolidated Landscape Maintenance Assessment District No.
2003-1; and set public hearing for July 18, 2007.
Continued June 6, 2007
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-2 "Approve Minutes of May 15, 2007 (Shirtsleeve Session), May 16, 2007 (Regular Meeting),
May 22, 2007 (Shirtsleeve Session), and May 29, 2007 (Shirtsleeve Session)"
This item was pulled for further discussion by Mayor Pro Tempore Mounce.
MOTION:
Mayor Pro Tempore Mounce made a motion, Hitchcock second, to adopt revised May 16,
2007, minutes to include summarized comments by Mayor Pro Tempore Mounce regarding
making PG&E rate discount per pad adjustments on an annual or biannual basis and
support for upper management increases conditioned upon rank and file increases.
DISCUSSION:
In response to Council Member Hansen, Mayor Pro Tempore Mounce stated she is
recommending amending the minutes to include what she previously said.
In response to Mayor Johnson, Mayor Pro Tempore Mounce stated she is recommending
including a summary statement of her comments.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Hitchcock, Hansen, Katzakian, and Mounce
Noes: Council Members — Mayor Johnson
Absent: Council Members — None
E-4 "Approve Specifications and Authorize Advertisement for Bids for Citywide School Safety
Signage at Public and Private Schools"
This item was pulled for further discussion by Council Member Hansen.
In response to Council Member Hansen, Mr. Prima stated sign placement will occur at
every school that has a speed zone. Mr. Prima reviewed the diagram for sign placement,
stating that, while there are federal and state requirements, the crosswalk signs are
optional and have been added to the traffic manual.
Council Member Hansen suggested staff take a look at the new signs along Highway 12
toward Solano County to see if they may be feasible for school zones.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, unanimously
approved the specifications and authorized advertisement for bids for Citywide School
Safety Signage at Public and Private Schools.
E-7 "Adopt Resolution Authorizing the Disposition of Fire Department Surplus Self -Contained
Breathing Apparatus for Distribution to Other Agencies"
This item was pulled for further discussion by Council Member Hitchcock.
In response to Council Member Hitchcock, Fire Chief Pretz stated the liability is limited
because the equipment is used for training purposes, not actually firefighting, which is
specified in the agreement. City Attorney Schwabauer stated he is comfortable with the
liability, subject to a release provision in the agreement.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Mounce second, unanimously
adopted Resolution No. 2007-108 authorizing the disposition of Fire Department surplus
self-contained breathing apparatus for distribution to other agencies, subject to the
agencies signing of a liability waiver in a form acceptable to the City Attorney.
al
Continued June 6, 2007
E-17 "Adopt Resolution Approving a One -Year Extension of the Street Tree Trimming 2007
Contract with West Coast Arborists, Inc., of Stockton ($34,220)"
This item was pulled for further discussion by Mayor Pro Tempore Mounce.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated trimming does not occur on
private property.
In response to Mayor Johnson, Mr. Prima stated power line trimming is different than
general tree trimming, requiring expertise because strict regulations apply and different
equipment is used.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, unanimously
adopted Resolution No. 2007-109 approving a one-year extension of the street Tree
Trimming 2007 contract with West Coast Arborists, Inc., of Stockton, in the amount of
$34,220.
E-18 "Adopt Resolution Authorizing the City Manager to Extend the Contract with Trees, Inc., of
Houston, Texas, for Tree Trimming for Power Line Clearance ($420,000)"
This item was pulled for further discussion by Mayor Pro Tempore Mounce.
In response to Mayor Pro Tempore Mounce, Electric Utility Director Morrow stated the
standard noticing procedures include making contact, door hangars, and sometimes
special permissions. Mr. Morrow indicated staff will look into the situation with the private
contractor.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, unanimously
adopted Resolution No. 2007-101 authorizing the City Manager to extend the contract with
Trees, Inc., of Houston, Texas, for tree trimming for power line clearance in the amount of
$420,000 and, with continued satisfactory performance, for fiscal year 2008-09.
E-19 "Adopt Resolution Approving a Second One -Year Extension of the 2005-06 Annual Curb,
Gutter, and Sidewalk Replacement Contract with Jeff Case Construction Company, of Lodi,
for the 2007-08 Fiscal Year with a Three Percent Increase ($73,336)"
This item was pulled for further discussion by Council Member Hitchcock.
In response to Council Member Hitchcock, Mr. Prima stated there is no specific policy
regarding how long a contract can exist after the terms have been exhausted before the
contract goes out to bid again. Mr. Krueger stated there is no policy regarding going
beyond the terms of the contract; although, considerations may be low staffing levels in the
purchasing division, the department's satisfaction with the contractor, and the cost
adjustment appears reasonable.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously
adopted Resolution No. 2007-110 approving a second one-year extension of the 2005-06
Annual Curb, Gutter, and Sidewalk Replacement contract with Jeff Case Construction
Company, of Lodi, for the 2007-08 fiscal year with a 3% increase in the amount of $73,336.
E-21 "Adopt Resolution Approving a One -Year Extension of Lease of Maple Square, 2 East Lodi
Avenue, for the Period of July 1, 2007 to June 30, 2008, to Alcoholics Anonymous"
This item was pulled for further discussion by Mayor Pro Tempore Mounce.
5
Continued June 6, 2007
Mayor Pro Tempore Mounce thanked Alcoholics Anonymous for its continued service and
leasing of the property.
Mayor Johnson stated he cannot support the item because he has been approached by
other noteworthy organizations and believes the lease should be periodically reviewed.
Council Members Hitchcock and Hansen suggested a policy and that a review of the lease
at the end of the contract may be appropriate.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hitchcock second, adopted
Resolution No. 2007-111 approving a one-year extension of lease of Maple Square, 2 East
Lodi Avenue, for the period of July 1, 2007 to June 30, 2008, to Alcoholics Anonymous.
The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Hansen, Katzakian, and Mounce
Noes: Council Members — Mayor Johnson
Absent: Council Members — None
E-24 "Adopt Resolution Approving In -Street Pedestrian Crossing Signs at Marked School
Crosswalk on Crescent Avenue at Tamarack Drive in Front of Nichols Elementary School
with Funds Provided by Nichols School Parent Teacher Association"
This item was pulled for further discussion by Council Member Hitchcock.
Council Member Hitchcock thanked the parents of Nichols School for their efforts.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously
adopted Resolution No. 2007-112 approving in -street pedestrian crossing signs at marked
school crosswalk on Crescent Avenue at Tamarack Drive in front of Nichols Elementary
School with funds provided by Nichols School Parent Teacher Association.
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
00 Mayor Pro Tempore Mounce suggested researching cellular phone availability for seniors as
illustrated in the program documentation provided by Myrna Wetzel.
0o Council Member Hitchcock reported on her attendance at the Art on the Square event and
congratulated staff on a successful event.
0o Council Member Hansen reported on his attendance at the Affordable Housing Proposal Review
Committee meeting, during which a site visit was conducted of Fremont and Union City
projects.
00 Mayor Johnson suggested the pool heater at Blakely Park be agendized for the next meeting.
Mr. Krueger confirmed that the matter was scheduled for the June 20 meeting.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
00 Deputy City Manager Krueger and Community Development Director Hatch introduced the new
Building Official, Dennis Canright.
Con
Continued June 6, 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 public hearing to consider
adopting a resolution adjusting Consumer Price Index -based water and wastewater rates.
Public Works Director Prima provided an overview of the 3.44% across the board increase
and the history of increases for water and wastewater rates from 1991 to 2007.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated the Council policy regarding
water meter installations stated that property owners pay the cost of the installations,
whatever they may be. Mr. Prima stated that the monthly infrastructure charge would not
necessarily go down because that charge pays for a variety of services including various
upgrades.
In response to Council Member Hitchcock, Mr. Prima stated tie increase for a typical
three-bedroom home is $0.94. He stated the new rates are $20.75 base rate and $7.54
infrastructure rate.
Hearing Opened to the Public
None.
Public Portion of Hearing Closed
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Hitchcock second, adopted
Resolution No. 2007-113 adjusting the Consumer Price Index -based water and wastewater
rates. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — None
J. COMMUNICATIONS
J-1 Claims Filed Against the City of Lodi — None
J-2 (a) "Appointments to the Lodi Arts Commission, Library Board of Trustees, and Planning
Commission and Post for One Remaining Vacancy on the Lodi Arts Commission"
Council Member Hitchcock requested separate motions on the appointments. She also
stated she had concerns regarding the appointment of two new Planning Commission
members in the middle of the General Plan amendment and the loss of institutional
knowledge.
Mayor Pro Tempore Mounce stated she echoed the comments of Council Member
Hitchcock and was concerned about diversity on the Planning Commission.
MOTION #1 / VOTE:
The City Council, on motion of Council Member Hitchcock, Mounce second, unanimously
made the following appointments:
Lodi Arts Commission
Laura Heinitz Term to expire July 1, 2010
Margie Lawson Term to expire July 1, 2010
Beverly Norcross Term to expire July 1, 2010
7
Continued June 6, 2007
MOTION #2 / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, unanimously
made the following appointments:
Library Board of Trustees
George Neely Term to expire June 30, 2010
MOTION #3 / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, made the following
appointments by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Hitchcock and Mounce
Absent: Council Members — None
Planning Commission
Dave Kirsten Term to expire June 30, 2011
Steve HenneckeTerm to expire June 30, 2011
MOTION #4 / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, unanimously
directed the City Clerk to post for the following remaining vacancy on the Lodi Arts
Commission:
Lodi Arts Commission
One Vacancy Term to expire July 1, 2008
J-3 Miscellaneous — None
RECESS
At 8:14 p.m., Mayor Johnson called for a recess, and the City Council meeting reconvened at
8:23 p.m.
K. REGULAR CALENDAR
K-1 "Presentation of Lodi Campus Master Plan by San Joaquin Delta College and Consider
Negotiation of a Development Agreement'
Delta College Board President Maria Elena Serna provided general introductory remarks
regarding the vision of the proposed project.
A PowerPoint presentation discussing the proposed project was jointly provided by
Superintendent/President Raul Rodriguez, Assistant Superintendent/Vice President Della
Condon, Vice President of Business Services W. Andrew Dunn, Director of Facilities
Planning & Management Maria Baker, Tim Haley of Carter Burgess, Carlene Nolan
Pederson of Carter Burgess, Bond Program Manager Bob Bush, and Bond Administrative
Services Manager Ed Heffernan. Specific topics of discussion included, but were not limited
to, district planning goals, campus programs, evolution of the plan, current conceptual plan,
town centers, entries and gateways, pathways, main campus roadway edges, building
types, conceptual sketches, and campus development.
In response to Council Member Hitchcock, Dr. Rodriguez and Mr. Dunn stated the 43%
increase in figures is likely due to using a conservative estimate, construction costs for
labor and supplies, general inflation and cost of living, economy, and Hurricane Katrina.
Continued June 6, 2007
In response to Council Member Hansen, Dr. Rodriguez stated other districts that passed
their bonds before or at the same time as Delta College are just now starting projects and a
second round of bonds was consistently passed through many of the districts in the state.
In response to Mayor Pro Tempore Mounce, Dr. Rodriguez stated he will provide the
specific percentage numbers of the contingency that was built in at a later date.
In response to Council Member Hansen, Dr. Condon stated the middle college curriculum
program incorporates community involvement and, with the Lodi Unified School District
partnership, is a very successful program.
In response to Council Member Hitchcock, Mr. Haley described the various color schemes
shown on the plans, including the rivers, plains, college zone, discussion, commercial,
residential, and wetlands.
In response b Council Member Hitchcock, Mr. Haley stated the benefits of shared costs
include roads and utilities and he does not have details about housing at the current time.
Discussion ensued between Council Member Hitchcock and Mr. Krueger regarding the
particulars of the development agreement, which will be incorporated at later date.
In response to Mayor Pro Tempore Mounce, Community Development Director Hatch
stated the City has three out of four General Plan amendments left for the current calendar
year. He stated the decision to proceed with the project or await the General Plan
amendment is a policy question, but he has seen similar projects with unique opportunities
proceed regardless of amendments.
Mayor Pro Tempore Mounce requested a copy of the list of individuals in the community
that were contacted about the project.
Discussion ensued between Mayor Johnson, Council Member Hitchcock, and Mayor Pro
Tempore Mounce regarding the specific matter that is before the Council currently and the
need for two Council Members to work with the City Manager on the development
agreement.
In response to Council Member Hitchcock, Ms. Pederson stated the academic village will
be owned by the campus and provide a hands-on experience for students.
In response to Mayor Pro Tempore Mounce, Ms. Pederson stated the restaurant may be
similar to the one available at the Delta College campus in Stockton.
In response to Mayor Pro Tempore Mounce, Ms. Pederson stated the square in the center
not owned by the campus will likely remain residential.
In response to Mayor Pro Tempore Mounce, Ms. Pederson stated housing options,
including options for seniors, are still being reviewed.
President Serna provided general closing comments and encouraged continued Council
support with the project.
In response to Council Member Hitchcock, Dr. Rodriguez stated they plan to purchase the
property in December 2008, if not earlier, consolidate currently offered classes, start with
portables in 2010, and get in line for state funding for the permanent building and
infrastructure for the academic village shortly thereafter. He stated there are no
commitments to timelines as of yet.
9
Continued June 6, 2007
In response to Council Member Hitchcock, Dr. Rodriguez stated there are no agreements in
place with developers at this time.
In response to Mayor Pro Tempore Mounce, Dr. Rodriguez stated the former Blue Shield
site was cost prohibitive due to remodeling needs.
PUBLIC COMMENTS:
00 Pat Patrick, Executive Director of the Chamber of Commerce, spoke in favor of the
proposed project, stating the project will be beneficial because of higher education,
jobs, and business opportunities.
Council Member Hitchcock expressed an interest in assisting the City Manager with the
development agreement.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Johnson second, unanimously
designated Mayor Johnson and Council Member Hansen to assist the City Manager with
negotiation of a Development Agreement.
RECESS
At 9:37 p.m., Mayor Johnson called for a recess, aid the City Council meeting reconvened at
9:42 p.m.
K. REGULAR CALENDAR (Continued)
K-2 "Consideration of the Status of the Animal Shelter Task Force"
Deputy City Manager Krueger provided a brief overview of the status of the Animal Shelter
Task Force.
Linda Castelanelli, a current Task Force member, stated the overall goal was to make Lodi
a "no kill' city and was in favor of the formation of a more permanent body.
Mayor Pro Tempore Mounce stated she was in support of setting up a commission similar
to the Parks and Recreation Commission.
Council Member Hansen thanked the current members for their service.
Council Member Hitchcock stated she was concerned with the permanent nature of the
group through a commission and suggested a committee may be more appropriate.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Johnson second, directed staff
to return to Council with appropriate action to dissolve the Animal Shelter Task Force and
create the Lodi Animal Shelter Advisory Commission to include information pertaining to
membership, terms, meetings, purpose, etc. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — Hitchcock
Absent: Council Members — None
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
($254,563.27)"
10
Continued June 6, 2007
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Johnson second, unanimously
approved 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 amount of $254,563.27, as detailed below:
Folger Levin & Kahn - Invoices Distribution
Matter Invoice Water Account
No. No. Date Description Amount
8002 101577 3/31/2007 People v. M&P Investments $ 41,453.42
City Attorney Adjustment -1,500.00
8003 101584 3/31/2007 Hartford Insurance Coverage Litigation $175,917.90
Contingency Fee Amount Savings -125,917.90
8008 101578 3/31/2007 City of Lodi v. Envision Law Group $ 78,008.47
City Attorney Adjustment -1,000.00
6675 1/31/2007 West Environmental (Peter Krasnoff) $ 24,942.01
6760 2/28/2007 West Environmental (Peter Krasnoff) $ 3,792.50
4/16/2007 Perry L. McCarty, Expert $ 450.00
6908 3/31/2007 West Environmental (Peter Krasnoff) $ 14,245.01
14778 4/29/2007 PES Environmental (Keith Obrien) $ 19.716.39
Total $230,107.80
Kronick Moskovitz Tiedemann & Girard - Invoices Distribution
Matter No. Invoice No. Date Description 100351.7323
1211.182
11233.001 232393 04/25/2007 General Advice $ 599.76
11233.026 232393 Lodi First v. City of Lodi $ 1,666.60
11233.027 232393 Citizens for Open $ 133.50
Government v. City of Lodi
11233.029 232393 AT&T v. City of Lodi $ 4,934.86
11233.032 232393 CFD Formation $ 1.945.93
Total $ 7,334.72 $ 1,945.93
MISCELLANEOUS
Mayor Pro Tempore Mounce stated she requested the item be agendized because she
feels it is a worthy effort for the City's support.
11
Water Account
Invoice No.
Date
Description
Amount
06-373888-LDK
9/06-4/07
ADR Services, Inc. (Hartford v. COL)
$
2,553.13
325946
1/17/2007
Barkley Court Reporters
$
843.31
870701
4/12/2007
Harry A. Cannon, Inc.
$
1,149.27
68051ESF
1/22/2007
Esquire Deposition Services
$
821.30
20062587
3/30/2007
Legalink, Inc.
$
367.00
20063722
4/17/2007
Legalink, Inc.
$
679.00
20063740
4/18/2007
Legalink, Inc.
$
688.50
20063754
4/27/2007
Legalink, Inc.
$
880.00
20064380
4/26/2007
Legalink, Inc.
$
849.50
20064371
4/27/2007
Legalink, Inc.
$
474.00
07SF50959
5/09/2007
Document Services Unlimited
$ 369.81
Total
$
9,674.82
JAMS Mediation Services
Water Account
0001278713-110
3/30/2007
People v. M&P Investments
$ 5.500.00
Total
$
5,500.00
K-4 "Consideration of Proposal Regarding
San Joaquin Regional Dive and Recovery Team upon
Request by Mayor Pro Tempore Mounce"
Mayor Pro Tempore Mounce stated she requested the item be agendized because she
feels it is a worthy effort for the City's support.
11
Continued June 6, 2007
Gene Davenport provided an overview of the proposal regarding forming a Countywide dive
and recovery team (DART) similar to that in Sacramento through an all volunteer force with
County funding for the first year.
In response to Mayor Pro Tempore Mounce, Mr. Davenport stated Stockton would like to
participate, but it has not done so officially at this time. He also stated the Stockton Port
has donated dock space, but it is still in need of funding and endorsements to get the
project up and running.
In response to Council Member Hansen, Mr. Davenport stated the Sheriffs office does have
a dive team, but it is not permitted to go beyond 20 feet. Mr. Davenport stated the County
has expressed support, but it has not officially contributed funds at this time.
In response to Council Member Hansen, City Attorney Schwabauer stated there should be
no legal issues if the contribution is made to the Sheriff's Foundation, a 501(c)3
organization, as indicated by Mr. Davenport.
In response to Council Member Hitchcock, Mr. Davenport stated that if a call was to go out
for a recovery exceeding the 20 feet, Sacramento County DART would likely be called
currently.
In response to Council Member Katzakian, Mr. Davenport stated Sacramento DART has
been in place for over 20 years and is self-funded.
Mayor Johnson stated he is concerned with the cost to cities and the County for backfilling
positions and would like to see a marriage of this type of service with agencies who already
provide similar services.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, authorized
expenditure of $500 toward DART, contingent upon the County providing financial support
for the project first and receipt of an accounting of the funds. The motion carried by the
following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mounce
Noes: Council Members — Mayor Johnson
Absent: Council Members — None
K-5 "Request from San Joaquin Partnership, the Business Council, and University of Pacific for
Financial Support to Establish an "Angel Capital Fund," Suggested Contribution of $10,000"
Mayor Johnson provided a general overview of the item.
Council Member Hitchcock stated she cannot support the matter because she does not
believe the City will benefit from high-risk venture capitalism.
In response to Council Member Katzakian, Mr. Krueger stated the money in these types of
investments is usually paid back.
In response to Mayor Pro Tempore Mounce, Mr. Krueger stated Community Development
Block Grant funding is targeted toward expansion and key applicants, which is different
from seed money being used in a venture capital approach. Mayor Pro Tempore Mounce
stated she may be able to support the item for $5,000, but not for $10,000.
City Attorney Schwabauer stated he would like to make it clear that the City has no
expectation of receiving this money back as it would be a contribution to the San Joaquin
Partnership to assist it with its creation of the infrastructure for the program.
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Continued June 6, 2007
In response to Mayor Pro Tempore Mounce, Mr. Krueger stated the money is not budgeted
for, but they could likely find funding for the contribution if the Council supported the same.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Katzakian second, authorized the
expenditure of $10,000 as financial support to establish the Angel Capital Fund. The
motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Hitchcock and Mounce
Absent: Council Members — None
L. ORDINANCES
L-1 Following reading of the title of Ordinance No. 1798 entitled, "An Ordinance of the Lodi City
Council Amending Chapter 13.20, 'Electrical Service,' by Repealing and Reenacting
Section 13.20.210, Schedule EM, Relating to Mobile Home Park Service Rates," having
been introduced at a regular meeting of the Lodi City Council held May 16, 2007, the City
Council, on motion of Council Member Hitchcock, Hansen second, waived reading of the
ordinance in full and adopted and ordered it to print by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
L-2 Following reading of the title of Ordinance No. 1799 entitled, "An Ordinance of the Lodi City
Council Amending Lodi Municipal Code Chapter 13.20, 'Electrical Service,' by Repealing
Section 13.20.175, Schedule MCA — Market Cost Adjustment, and Enacting New Section
13.20.175, Schedule ECA — Energy Cost Adjustment," having been introduced at a regular
meeting of the Lodi City Council held May 16, 2007, the City Council, on motion of Council
Member Hitchcock, Hansen second, waived reading of the ordinance in full and adopted
and ordered it to print by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
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
10:42 p.m.
ATTEST:
Randi Johl
City Clerk
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