HomeMy WebLinkAboutMinutes - July 18, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 18, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of July 18, 2007, was called to order by Mayor Johnson
at 6:00 p.m.
Present: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — Hitchcock
Also Present: City Manager King, 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 al., United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
b) Actual Litigation: Government Code §54956.9(a); One Case; Hartford Accident and
Indemnity Company, et al. v. City of Lodi, et al.. Superior Court, County of San Francisco,
Case No. 323658
C) Actual Litigation: Government Code §54956.9(a); One Case; City of Lodi v. Michael C.
Donovan, an individual: Envision Law Group, LLP, et al., San Francisco Superior Court,
Case No. CGC-05-441976
d) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Acting
Labor Negotiators), Regarding Police Mid -Managers Pursuant to Government
Code §54957.6
C-3 ADJOURN TO CLOSED SESSION
At 6:00 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:52 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.
In regard to Items C-2 (a), C-2 (b), G2 (c), and C-2 (d), only settlement discussion and direction
was given.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of July 18, 2007, was called to order by Mayor Johnson at
7:03 p.m.
Present: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — Hitchcock
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Tracy Baerg, Fairmont Seventh Day Adventist Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Johnson.
Continued July 18, 2007
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 (a) Mayor Johnson presented a proclamation to David Akin, member of the Parks and
Recreation Commission, proclaiming the month of July 2007 as "Parks and Recreation
Month" in the City of Lodi.
D-3 (a) Corinne Casey and Jonathan Newman with the Greater Lodi Area Youth Commission gave
a quarterly update on the Commission's activities and accomplishments.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Pro Tempore Mounce, Katzakian second, approved the following items hereinafter set forth
by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
E-1 Claims were approved in the amount of $9,003,184.65.
E-2 The minutes of June 19, 2007 (Shirtsleeve Session), June 20, 2007 (Regular Meeting), June
26, 2007 (Shirtsleeve Session), June TD, 2007 (Special Meeting), June 29, 2007 (Special
Meeting), July 3, 2007 (Shirtsleeve Session), July 4, 2007 (Regular Meeting), and July 10,
2007 (Shirtsleeve Session) were approved as written.
E-3 Adopted Resolution No. 2007-123 approving the plans and specifications, authorizing
advertisement for bids, and authorizing the City Manager to award or reject contract for
Turner Road Overlay and Lower Sacramento Road Widening.
E-4 "Approve Request for Proposals to Provide Professional Services for Preliminary
Engineering Work on the Westside Substation" was pulled from the agenda by the City
Manager.
E-5 Adopted Resolution No. 2007-124 authorizing the procurement of remote terminal unit and
accessories from Geo Honn Company, Inc., of Vacaville, CA, for the McLane Substation in
an amount not to exceed $21,000.
E-6 Adopted Resolution No. 2007-125 authorizing the purchase of replacement for AS400 mid-
range computer from Logical Design Inc., of Rancho Cordova, CA, in the amount of
$142,765.
E-7 Adopted Resolution No. 2007-126 authorizing the replacement of damaged street sweeper
and authorizing the City Manager to execute contract and possible grant agreements and
appropriate funds in the amount of $248,000.
E-8 Adopted Resolution No. 2007-127 approving the purchase of nine copy machines and
contract for maintenance services for various departments from IKON Office Solutions and
appropriating funds in the amount of $131,077 from the Streets, Wastewater, and
Equipment Replacement Funds.
E-9 Adopted Resolution No. 2007-128 acknowledging award of Air Resources Board
Reimbursement Grant in the amount of $69,606; approving backhoe purchase from Pape
Machinery, Inc., of French Camp, in the amount of $73,313; approving purchase and
installation of Cleaire Emissions Reduction Device in accordance with grant funding
requirements in the amount of $14,770; and appropriating funds in the amount of $88,083.
W
Continued July 18, 2007
E-10 Adopted Resolution No. 2007-129 awarding the contract for Asphalt Rubber Cape Seal,
Various Streets, 2007 Project to International Surfacing Systems, Inc., of Modesto, in the
amount of $399,432.68, and appropriating additional funds in the amount of $75,000.
E-11 Accepted improvements under the Lockeford Street and Sacramento Street Signal and
Lighting Project" contract.
E-12 Accepted improvements under the "Well 28 Pump and Motor and Site Improvements
Project, 2800 West Kettleman Lane" contract.
E-13 Accepted improvements under the 'Church Street and Sacramento Street Overlays 2006
Project" contract.
E-14 Adopted Resolution No. 2007-130 authorizing the City Manager to execute extensions of
janitorial services oontracts with Korean Professional Building Maintenance in the amount
of $11,323 per month and Advanced Property Services in the amount of $2,171 per month
and to negotiate and execute future extensions and additions as needed.
E-15 Adopted Resolution No. 2007-131 authorizing the City Manager to execute contract for
downtown parking lot leaning with United Cerebral Palsy of San Joaquin and Amador
Counties, of Stockton, for fiscal year 2007-08 in the amount of $38,874.
E-16 "Adopt Resolution Authorizing the City Manager to Execute Addendum to the Improvement
Agreement for Public Improvements at 495 North Guild Avenue to Provide One -Year Time
Extension" was removed from the Consent Calendar and discussed and acted upon
following approval of the Consent Calendar.
E-17 Adopted Resolution No. 2007-132 authorizing the City Manager to enter into a Fee
Payment Agreement for sewer capacity fees for a groundwater cleanup project located at
Flame Mini Mart, 1301 West Kettleman Lane.
E-18 Adopted Resolution No. 2007-133 approving contract in the amount of $425,822 with Lodi
Unified School District and the City of Lodi Parks and Recreation Department b provide
After School Education and Safety Program at eight locations during fiscal year 2007-08.
E-19 Adopted Resolution No. 2007-134 amending Memorandums of Understanding with
Maintenance and Operators and General Services bargaining units of the Association of
Lodi City Employees to provide additional pay for State required certifications of Distribution
Operators I and II.
E-20 Received corrected pages to the fiscal year 2007-08 budget document related to summary
of positions and position changes.
E-21 Adopted Resolution No. 2007-135 declaring that any person while performing voluntary
service(s) for the City of Lodi shall be deemed an employee of the City of Lodi for purposes
of Workers' Compensation benefits pursuant to Division 4 of the California Labor Code.
E-22 Adopted Resolution No. 2007-136 amending the City of Lodi Drug Free Workplace Policy
and Procedure and adopted Resolution No. 2007-137 amending the Drug and Alcohol
Policy and Procedures to meet Department of Transportation requirements.
E-23 Adopted Resolution No. 2007-138 amending Transit Policy and Procedure for use of transit
service outside of regular operations.
Continued July 18, 2007
E-24 Adopted Resolution No. 2007-139 authorizing transit services outside of regular service
operations for the listed annual events and authorizing the Transportation Manager to
advertise to determine if a willing and/or able provider exists for these events.
E-25 Adopted Resolution No. 2007-140 amending Traffic Resolution 97-148 establishing Loma
Drive between Lockeford Street and Turner Road as a through street.
E-26 Adopted Resolution No. 2007-141 approving the People Assisting Lodi Shelter (PALS)
public art p•oject, as approved by the Lodi Art Advisory Board, and appropriating $58,000
from the Art in Public Places Fund.
E-27 "Adopt Resolution Approving the Execution by the City Manager of a $245,000 Promissory
Note Payable to James E. Dean as Surviving Trustee of the James E. Dean Family Trust
with Interest of 6% and Interest Only Payments to be Made on a Quarterly Basis" was
removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-28 Consented to continued representation of the City of Lodi and Northern California Power
Agency by Meyers Nave for the CT1 Project sale from Lodi to Roseville.
E-29 Accepted dedication of agricultural easement as required by Exhibit K to the Development
Agreements between the City of Lodi and Frontier Community Builders, Inc. (FCB) for the
FCB Southwest Gateway Project and the FCB Westside Project.
E-30 Authorized the City Manager to execute Indemnity Agreement with GREM and Caltrans in
connection with the Lowe's project on Kettleman Lane.
E-31 "Adopt Resolution Approving the City of Lodi Internet Website Policy" was pulled from the
agenda by the City Manager.
E-32 "Set Public Hearing for August 1, 2007, to consider the Planning Commission's
recommendation for the 2006 Growth Management Allocations for Brett & Kathy Haring and
Taj Khan" was removed from the Consent Calendar and discussed and acted upon
following approval of the Consent Calendar.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-16 "Adopt Resolution Authorizing the City Manager to Execute Addendum to the Improvement
Agreement for Public Improvements at 495 North Guild Avenue to Provide One -Year Time
Extension"
In response to Mayor Pro Tempore Mounce, Public Works Director Prima stated he is not
sure of how many developers have not met the deadline other than one. Mr. Prima stated
they are tracking the timeline a bit closer, the project is almost complete, it is not affecting
the traveling public, and a year delay seems to be standard for operating purposes.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, adopted Resolution
No. 2007-142 authorizing the City Manager to execute Pddendum to the Improvement
Agreement for Public Improvements at 495 North Guild Avenue to provide one-year time
extension and authorizing the City Manager to execute the agreement on behalf of the City.
The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — Hitchcock
al
Continued July 18, 2007
E-27 "Adopt Resolution Approving the Execution by the City Manager of a $245,000 Promissory
Note Payable to James E. Dean as Surviving Trustee of the James E. Dean Family Trust
with Interest of 6% and Interest Only Payments to be Made on a Quarterly Basis"
In response to Mayor Pro Tempore Mounce, Deputy City Manager Krueger stated the
promissory note was carried for five years. Mayor Pro Tempore Mounce suggested the note
be paid off as soon as practicable.
In response to Council Member Hansen, Mr. Krueger stated the trustee has requested the
note be edended after the original five-year period expired. City Manager King stated the
interest rate is competitive, cash flow is sufficient, and the arbitrage ability is good.
Mayor Pro Tempore Mounce requested the note be paid as quickly as possible or spread
out equally over the course of several years.
In response to Council Member Hansen, Mr. Krueger stated, from a cash flow standpoint
and the fact that the cost is negated by the arbitrage, staff is fine with the recommended
extension.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Katzakian second, adopted Resolution No.
2007-143 approving the execution by the City Manager of a $245,000 promissory note
payable to James E. Dean as surviving tustee of the James E. Dean Family Trust with
interest of 6% and interest only payments to be made on a quarterly basis. The motion
carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — Hitchcock
E-32 "Set Public Hearing for August 1, 2007, to consider the Planning Commission's
recommendation for the 2006 Growth Management Allocations for Brett & Kathy Haring and
Taj Khan"
Kathy Haring requested the City Attorney review the language concerning competitive years
in the ordinance prior to the public hearing.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Mounce second, set Public Hearing for
August 1, 2007, to consider the Planning Commission's ecommendation for the 2006
Growth Management Allocations for Brett & Kathy Haring and Taj Khan. The motion
carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
oo Jennelle Bechtold of Waste Management provided an overview of the hazardous waste drop-off
event scheduled for the weekend.
oo Ann Cerney commended the City on its action on Item No. E-29, stating it is the first time
property has been received in the County under the given situation.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
00 Mayor Pro Tempore Mounce reported on her attendance at the Lodi Youth Commission and
Affordable Housing Proposal Review Committee meetings. She also reported on the campaign
to keep kids alive and the Lodi Historical Society ice cream social event.
5
Continued July 18, 2007
0o Council Member Hansen reported on the San Joaquin Partnership meeting with Ken Vogel,
Northern California Power Agency meeting with Jim Polk regarding the Lodi Project, and
concerns regarding Waste Management overflow on trucks.
00 Mayor Johnson reminded the public of the special redevelopment meeting to be held on July 19,
2007, at the Lodi Boys & Girls Club.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
0o City Manager King stated the special redevelopment meeting will be replayed and staff will
disseminate information regarding National Night Out. Mr. King also reviewed a utility rate
comparison.
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
introduction of an ordinance anending the Lodi Municipal Code Title 9 — Public Peace,
Morals, and Welfare — repealing Chapter 9.18, "Selling on Streets and Sidewalks," in its
entirety and reenacting Chapter 9.18 as "Vending on Streets, Sidewalks, and Private
Property" to create comprehensive regulations for mobile food vendors and itinerant
merchants.
Mayor Johnson provided introductory comments regarding the process associated with the
public hearing. City staff member Araseli Del Castillo translated the same in Spanish.
Community Improvement Manager Joseph Wood provided an overview of the proposed
ordinance. Specific topics of discussion included the vendors affected, requirements for
obtaining a permit, location regulations and restrictions, condition requirements and
appearance of sites and food vending vehicles, and sanitation. This information vies also
translated into Spanish.
In response to Council Member Hansen, Mr.
violations by itinerant merchants includes the
enforcement for three or more violations.
Hearing Opened to the Public
Wood stated the enforcement procedure for
administrative citation process and criminal
0o Attorney David LeBeouf, representing a group of mobile food vendor business owners in
Lodi, spoke of his concerns regarding the proposed ordinance. He specifically
discussed the perception of the owners, staff dealings, client operations on private
rights-of-way, 200 -foot buffer zone, need for additional information, hours of operation,
guidelines for conditional use permits, client concerns, residential areas, and further
clarifications of the proposed ordinance.
In response to Mayor Johnson, Mr. LeBeouf stated he is not sure if there is a group
that would not agree with his previous comments because he represents a small group
of individuals who operate on private property only.
In response to Council Member Hansen, Mr. Wood stated the site and issue specific
portion of the use permit and ordinance will address various situations.
City Attorney Schwabauer suggested language could be added to Section 9, stating
that the conditions applied to the use permit will not be imposed to prohibit the
business from effectively operating at all.
0o Gregory Chadit spoke in support of the mobile food vendors, stating he utilizes their
services.
00 Dennis Norton spoke in support of the mobile food vendors.
Con
Continued July 18, 2007
00 Maria Lopez spoke in favor of the proposed ordinance and mobile food vendors, but
questioned the requirement associated with paving a lot.
00 Maria Burks spoke in support of the mobile food vendors and stated she had concerns
with the hours of operation.
00 Mima Ruiz spoke of her concerns regarding the application fee and the timing for
itinerant merchants, including those selling ice cream.
00 Mia Rangel spoke in support of the mobile food vendors.
0o Sergio Ruiz spoke in support of the mobile food vendors and stated his concerns
regarding hours of operation.
00 Bill Crow spoke in favor of the mobile food vendors and in opposition to the ordinance,
stating there were too many existing ordinances.
00 Norberto Perdinez spoke in opposition to the prohibition against chairs and covers,
stating there is a need for shade.
00 Rosa Gomez spoke of her concerns regarding moving every three hours.
00 Esperanza Ortiz spoke of her concerns regarding moving periodically, stating it takes
time to prepare, wash, and get the business ready for operation.
Public Portion of Hearing Closed
RECESS
At 8:54 p.m., Mayor Johnson called for a recess, and the City Council meeting reconvened at
9:07 p.m.
I. PUBLIC HEARINGS (Continued)
1-1 City Manager King stated the reference in the ordinance is for residential zoning and not a
(Cont'd.) specific non -conforming residence. He also stated the lot can be paved as required with a
variety of different surfaces and the application fee is anticipated to be between $70 and
$100.
In response to Council Member Hansen, Mr. Wood confirmed that the three-hour moving
requirement does not apply to vendors on private lots. Mr. Hansen stated he supports the
tables and chairs for shade suggestion.
In response to Mayor Pro Tempore Mounce, Mr. Wood stated mixed uses would be
addressed m an individual basis by examining the conditions of the property. Community
Development Director Hatch stated notices were provided to the subject vendors, interested
parties, and residences within the 300 -foot circle radius around each of the 11 locations.
City Attorney Schwabauer provided clarifying language and suggested wording for Section
9.18.050(b)(9) regarding vending on private property.
Discussion ensued between Council Member Hansen, Mayor Pro Tempore Mounce,
Mr. Hatch, and Mr. Schwabauer regarding the possibility of allowing tables and chairs and
awnings for shade on an individual basis through the use permit process. City Attorney
Schwabauer suggested language under Section 9 that would allow for consideration of
these requests through the use permit process.
In response to Council Member Katzakian, Mr. Wood confirmed that the ten-minute moving
requirement does not apply to private property operations.
7
Continued July 18, 2007
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tem Mounce, Hansen second, introduced, with
the amended language of Section 9, Ordinance No. 1800 amending Lodi Municipal Code
Title 9 — Public Peace, Morals, and Welfare — Chapter 9.18, "Vending of Streets aid
Sidewalks," by repealing and reenacting Chapter 9.18, "Vending on Streets, Sidewalks, and
Private Property." The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
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 public hearing to consider
resolutions adopting Final Engineer's Annual Levy Report for Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1, Fiscal Year 2007-08, and ordering the levy
and collection of assessments.
City Manager King provided a brief overview of the subject matter.
Sharon Welch provided a brief presentation regarding the final Engineer's Annual Levy
Report for Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1,
Fiscal Year 2007-08.
Hearing Opened to the Public
None.
Public Portion of Hearina Closed
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, adopted the
following resolutions:
00 Resolution No. 2007-144 amending and/or approving the Final Engineer's Annual Levy
Report for fie Lodi Consolidated Landscape Maintenance District No. 2003-1, Fiscal
Year 2007-08; and
00 Resolution No. 2007-145 ordering the levy and collection of assessments within the
Lodi Consolidated Landscape Maintenance District No. 2003-1, Fiscal Year 2007-08.
The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
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, Hansen second, made
the following appointment and directed the City Clerk to post for the following
vacancy by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
LTA F4 TO I
Lodi Improvement Committee
Rosa (Rosie) M. Ortiz Term to expire March 1, 2008
Continued July 18, 2007
POSTING:
Lodi Improvement Committee
Wade Heath Term to expire March 1, 2008
J-3 Miscellaneous — None
:�:7xr1�JA_1:ZN_1��►1�L1:7
K-1 "Adopt Resolution Authorizing the City Manager to Execute a Downtown Hotel Exclusive
Exploration Period Agreement with Russ Munson"
City Manager King provided an overview of the proposed agreement. Specific topics of
discussion included the nine-month period to evaluate properties, interim and final reports,
potential negotiations after the exploratory period, no obligations other than that stated in
the agreement, no commitments for selling or leasing any property, former PKF study,
examples of other cities, downtown synergy, and Mr. Munson's qualifications.
In response to Council Member Hansen, Mr. King stated the subject lots are on Church
Street and Elm Street.
In response to Council Member Hansen, Mr. King stated the $5,000 is not drawn down as it
is a one-time, full amount cost for the services to be rendered.
Discussion ensued between Council Member Hansen, Mayor Pro Tempore Mounce, Mayor
Johnson, City Manager King, and Mr. Munson regarding the possibilities associated with
the old public safety building, including hotel and other commercial opportunities and
parking. Council Member Hansen suggested not excluding the old public safety building
site. Mayor Pro Tempore Mounce requested information about businesses in close
proximity to police departments in other cities.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, adopted
Resolution No. 2007-146 authorizing the City Manager to execute a Downtown Fbtel
Exclusive Exploration Period Agreement with Russ Munson. The motion carried by the
following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-2 "Approve Downtown Lodi Business Partnership 2007-08 Annual Report, Adopt Resolution of
Intent to Levy Annual Assessment, and Set Public Hearing for August 1, 2007"
City Manager King briefly introduced the subject matter and reviewed the process
associated with the annual levy.
Jaime Watts, representative of the Downtown Lodi Business Partnership (DLBP), provided a
brief presentation and specifically discussed the overview of the organization, functions,
purpose, marketing events, the Farmers' Market, Parade of Lights, community events,
banners, report, and the proposed calendar for the upcoming year.
In response to Council Member Hansen, Ms. Watts stated the organization has resolved a
lot of the outstanding issues from October. Council Member Hansen suggested continuing
communication between the businesses and the DLBP.
In response to Mayor Pro Tempore Mounce, Ms. Watts stated the compilation is available
to the public. Mayor Pro Tempore Mounce suggested providing copies or making the
availability of the information well known to the members.
9
Continued July 18, 2007
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Mounce second, approved the Downtown
Lodi Business Partnership 2007-08 Annual Report, adopted Resolution No. 2007-147 of
intent to levy annual assessment, and set Public Hearing for August 1, 2007. The motion
carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-3 "Approve Six -Month Budgets for PCE/TCE Related Litigation Cases"
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, approved the six-
month budgets for the following PCE/TCE related cases: Hartford ($300,000), M&P
Investments ($513,000), and Envision ($670,000). The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-4 "Approve Expenses Incurred by Outside Counsel/Consultants Relative to the Environmental
Abatement Program Litigation and Various Other Cases Being Handled by Outside Counsel
($374,859.03)"
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, 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 $374,859.03, as detailed below. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
Folger Levin & Kahn - Invoices Distribution
Matter Invoice Water Acct.
No. No. Date Description
Amount
8001 102105
Apr -07
General Advice/Environmental Contamination
$ 402.22
8002 102106
Apr -07
People v. M&P Investments
$ 10,606.64
8003 102108
Apr -07
Hartford Insurance Coverage Litigation
$207,048.19
Contingency Fee Amount Savings
(147,180.00)
8008 102107
Apr -07
City of Lodi v. Envision Law Group
$ 61,969.23
8002 102725
May -07
People v. M&P Investments
$ 8,768.58
8003 102831
May -07
Hartford Insurance Coverage Litigation
$229,494.83
Contingency Fee Amount Savings
(172,310.00)
8008 102830
May -07
City of Lodi v. Envision Law Group
$ 83,972.63
City Attorney Adjustment
(352.00)
266427
May -07
GeoTrans, Inc. (Jim Mercer)
$ 2,980.00
May -07
Clinton E. Miller (Expert)
$ 12,003.39
CM Approved Payment to Expert 6-22-07
(12,003.39)
Jun -07
Clinton E. Miller (Expert)
$ 2,652.00
14890
Apr -June
PES Environmental, Inc. (Keith O'Brien)
$ 11,192.08
07
272549
5/28-7/01
GeoTrans, Inc. (Jim Mercer)
$ 5,044.00
2007
Total
$304,288.40
10
Continued July 18, 2007
Kronick Moskovitz Tiedemann & Girard - Invoices Distribution
Total $2,850.53 $ 710.34 $2,113.05
JAMS Mediation Services
WaterAcct.
0001302222-110 5/31/2007 People v. M&P Investments $2,016.67
Total $2,016.67
MISCELLANEOUS
Invoice
Description
Water Account
Invoice No.
Matter No.
No.
Date
Description
100351.7323 1211.182 Water Acct.
11233.001
232738
05/25/07
General Advice
$ 105.50
11233.026
232738
05/25/07
Lodi First v.
$ 364.05
05/18/2007
Legalink, Inc.
$
City of Lodi
20065305
11233.029
232738
05/25/07
AT&T v. City of Lodi
$ 866.35
11233.030
232738
05/25/07
Water Supply Issues-
$1,525.55
06/05/2007
Legalink, Inc.
$
Not PCE Related
20065214
11233.032
232738
05/25/07
CFD Formation
$ 566.24
06/14/2007
Document Services Unlimited
$
Credits/Overpayments
(105.50)
07/05/2007
Document Services Unlimited
$ 237.70
Applied
8003
11233.029
233230
06/25/07
AT&T v. City of Lodi
$1,375.13
11233.030
233230
06/25/07
Water Supply Issues-
$ 587.50
Not PCE Related
11233.032
233230
06/25/07
CFD Formation
$ 144.10
11233.034
233230
06/25/07
Employment and
$ 245.00
Labor
Total $2,850.53 $ 710.34 $2,113.05
JAMS Mediation Services
WaterAcct.
0001302222-110 5/31/2007 People v. M&P Investments $2,016.67
Total $2,016.67
MISCELLANEOUS
Folger Levin & Kahn — Invoices
Invoice No.
Amount
Date
Description
Water Account
Invoice No.
Date
Description
Amount
20065328
06/07/2007
Legalink, Inc.
$
284.25
20064828
05/24/2007
Legalink, Inc.
$
800.75
20064647
05/18/2007
Legalink, Inc.
$
906.00
20065305
05/25/2007
Legalink, Inc.
$
758.50
20064855
05/25/2007
Legalink, Inc.
$
970.50
20065211
06/05/2007
Legalink, Inc.
$
1,003.00
20065214
06/05/2007
Legalink, Inc.
$
1,093.00
07SF61474A
06/14/2007
Document Services Unlimited
$
2,191.50
07SF70508A
07/05/2007
Document Services Unlimited
$ 237.70
$ 700.00
8003
Total
$
8,245.20
Folger Levin & Kahn — Invoices
Invoice No.
Amount
Date
Description
Water Acct.
Payment of Unpaid Costs re:
Hartford v. City of Lodi
Pursuant to Contingency Fee Agreement
100827
03/22/07
Costs for February 2007
$ 5,762.50
101584
04/26/07
Costs for March 2007
$ 6,112.90
102108
05/31/07
Costs for April 2007
$ 9.868.19
Total
$ 21,743.59
Folger Levin & Kahn
Water Acct.
Matter No.
Invoice No.
Date
Amount
Withheld Amounts from Previous Invoices
8008
10826
02/28/07
$ 281.00
8002
100362
01/31/07
$ 700.00
8003
100361
01/22/07
$ 38.50
$ 220.00
11
Continued July 18, 2007
8002
100000
01/31/07
$
650.00
01/31/07
$
650.00
1/31/2007
$
650.00
8003
100001
01/31/07
$
1,623.50
8003
99380
02/28/07
$
8,000.00
8002
98563
11/16/06
$
487.50
$
82.25
8003
98489
11/16/06
$
36.50
$
235.00
8002
97985
10/19/06
$
3,440.00
8003
97988
$
470.00
$
470.00
$
240.00
8008
$
470.00
8002
97311
09/14/06
$
650.00
8003
$
5,000.00
8008
97312
08/31/06
$
560.00
8002
08/17/06
$
650.00
8003
$
500.00
$
600.00
$
150.00
$
705.00
$
235.00
8002
07/25/06
$
325.00
$
650.00
$
650.00
$
325.00
$
650.00
8003
$
325.00
$
97.50
8002
06/27/06
$
97.50
8003
06/27/06
$
650.00
8002
05/11/06
$ 975.00
Total
$
32,539.25
L. ORDINANCES
None
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:22 p.m.
ATTEST:
Randi Johl
City Clerk
12