HomeMy WebLinkAboutMinutes - August 15, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 15, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of August 15, 2007, was called to order by Mayor
Johnson at 6:35 p.m.
Present: Council Members — Hansen, Hitchcock, and Mayor Johnson
Absent: Council Members — Katzakian and Mounce
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; Hartford Accident and
Indemnity Company, et al. v. City of Lodi, et al.. Superior Court, County of San Francisco,
Case No. 323658
b) 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
C-3 ADJOURN TO CLOSED SESSION
At 6:35 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:50 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) and C-2 (b), settlement discussion was had and direction was given.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of August 15, 2007, was called to order by Mayor Johnson at
7:03 p.m.
Present: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Absent: Council Members — Mounce
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Alan Kimber, First United Methodist 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 August 15, 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
except those otherwise noted by the vote shown below:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
E-1 Claims were approved in the amount of $7,500,105.48.
E-2 The minutes of July 18, 2007 (Regular Meeting), July 24, 2007 (Special Joint Shirtsleeve
Session w/Lodi Budget/Finance Committee), July 31, 2007 (Shirtsleeve Session), August
1, 2007 (Regular Meeting), August 3, 2007 (Special Meeting), and August 7, 2007
(Shirtsleeve Session) were approved as written.
E-3 Received quarterly report of purchases between $5,000 and $20,000.
E-4 Adopted Resolution No. 2007-165 authorizing the purchase and installation of an ASTRO
P25 UHF voted repeater radio system from Motorola and Delta Wireless & Network
Solutions in the amount of $86,860 to replace the Lodi Police Department's existing
primary communication channel.
E-5 Adopted Resolution No. 2007-166 awarding the contract for security services at the Lodi
Station and Lodi Station Parking Structure to Securitas Security Services USA, Inc., of
Fresno, for the estimated three-year cost of $255,000, and authorizing the City Manager to
negotiate one two-year extension, with escalators not to exceed 5%.
E-6 Adopted Resolution No. 2007-167 authorizing the purchase of process chemical sodium
hydroxide for use at the White Slough Water Pollution Control Facility from Basic Chemical
Solutions, of Santa Fe Springs, in the amount of $55,500, and authorizing the City Manager
to approve additional purchases.
E-7 "Adopt Resolution Awarding Professional Services Agreement for City of Lodi Short Range
Transit Plan 2007-2017 to Nelson/Nygaard Consulting Associates, of San Francisco, and
Appropriating Funds ($57,000)" was removed from the Consent Calendar and discussed
and acted upon following approval of the Consent Calendar.
E-8 Authorized the City Manager to ececute renewal and ernendment to service agreement
contract with the San Joaquin County Sherifrs Office for Community Corps for the period of
August 1, 2007 through June 30, 2008.
E-9 Authorized the Treasurer to enter into agreement with Farmers and Merchants Bank of
Central California for the issuance of a City credit card for Community Center Director
James Rodems and Interim Parks and Recreation Director Steve Dutra.
E-10 Approved addendum to State of California Purchase Card Program.
E-11 Adopted Resolution No. 2007-168 approving pedestrian safety improvements on Century
Boulevard at Dartmoor Circle with funds povided by Lodi Unified School District for the
benefit of Tokay High School.
E-12 Adopted Resolution No. 2007-169 approving pedestrian crossing on Woodhaven Lane at
Inglewood Drive with funds provided by Lodi Unified School District for the benefit of
Woodbridge Elementary School.
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Continued August 15, 2007
E-13 "Authorize City Manager to Participate in Discussions on the Formation of the Central
Valley Resources Agency" was removed from the Consent Calendar and discussed and
acted upon following approval of the Consent Calendar.
E-14 Set public hearing for September 5, 2007, to introduce ordinance amending Chapter 13.20,
"Electrical Service," by anending Section 13.20.210, Schedule EM (Mobile Home Park
Service), to become effective November 1, 2007.
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-7 "Adopt Resolution Awarding Professional Services Agreement for City of Lodi Short Range
Transit Plan 2007-2017 to Nelson/Nygaard Consulting Associates, of San Francisco, and
Appropriating Funds ($57,000)"
This item was pulled for further discussion by Council Member Katzakian.
In response to Council Member Katzakian, Mr. Prima stated the agreement is being done
at this time because there are pending projects including Reynolds Ranch and Blue Shield.
He stated it is cost effective to do them together and they are conditioned to do a transit
study based on environmental requirements.
In response to Council Member Katzakian, Mr. Prima stated the residential development
may be a ways off, but the Blue Shield and commercial areas are much closer. He stated
service should be available when the doors open.
In response to Mayor Johnson, Mr. Prima stated the information from the study is valid for
quite some time unless the plans themselves change significantly.
In response to Council Member Hitchcock, Mr. Prima stated the timing should be
consistent with the tentative map process.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, adopted Resolution
No. 2007-170 awarding professional services agreement for City of Lodi Short Range Transit
Plan 2007-2017 to Nelson/Nygaard Consulting Associates, of San Francisco, and
appropriating funds in the amount of $57,000. The motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
E-13 "Authorize City Manager to Participate in Discussions on the Formation of the Central
Valley Resources Agency"
This item was pulled for a presentation by Council Member Hitchcock.
City Manager King provided an overview of the request to participate in discussions about
the formation of the proposed Agency. Mr. King specifically discussed the City's contact
with PacWest Communications, participation by public and private agencies to look at
funding issues for flood and levy issues, other related water issues that may arise, original
request for a resolution endorsing the group, communications with the Stockton City
Manager regarding the same, the Sacramento County group, purpose of a united voice to
address flood and levy control issues, general water concerns for the City, the need to have
a seat at the table without financial contribution, and the request to do the same.
Continued August 15, 2007
In response to Council Member Hitchcock, Mr. King stated staff is requesting a vote on the
matter because it is a topic of general concern and staff felt it was important for the Council
to be aware of the related issues.
In response to Council Member Hitchcock, Mr. King stated a vote is needed to signal the
Council's awareness of the issues and further information will be brought back as it
becomes available.
In response to Council Member Hitchcock, Mr. King stated he has not yet had an
opportunity to look at the Sacramento model.
Kelly Foote spoke in favor of the proposed item. He specifically discussed the status of the
organization as a 501(c)(4), private and public entity involvement, flooding and levy issues
throughout the County, Sacramento County model, objectives of the organization, funding
issues, PacWest Communications business make-up as a private lobbying company, the
ability to bring all interested parties together, possible request for dollars for membership
assessed on a need basis, lobbing efforts for federal funds and advocacy on the main
issues, public education in response to Federal Emergency Management Agency
regulations, and other issues, which may include levy construction, upstream requirements,
habitat issues, and groundwater recharge.
In response to Mayor Johnson, Mr. Foote stated there are proposed draft bylaws, but the
membership, when formed, will finalize the same.
In response to Council Member Hitchcock, Mr. Prima stated the County sent a package of
information, but the bylaws were not clearly identified in the package. Mr. King stated that
the current action before the Council is limited to participation in the discussions only.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Katzakian second, authorized the
City Manager to participate in discussions on the formation of the Central Valley Resources
Agency. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Hitchcock
Absent: Council Members — Mounce
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
0o Ted Koffee, Vice President of the Boosters of Boys and Girls Sports Organization (BOBS),
spoke in favor of the organization's contribution of $20,000 to the "Save the Grape Bowl" effort
on behalf of the kids in the community. Council Member Hansen and Mayor Johnson thanked
the BOBS for the contribution.
00 Richard Jones of the Lodi Boys and Girls Club invited the community and Council to attend the
Hall of Fame dinner on October 13, 2007, and introduced the inductees.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
0o Council Member Hansen reported on his attendance at a meeting with Northern California
Power Agency and Fitch in Calistoga. He also briefly discussed the geyser geothermal project
and solar electric project with water pumps as a green resource.
00 Mayor Johnson commended Aaron England of the U.S. Air Force Auxiliary for his contributions
as a volunteer to the City's beautification.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
None.
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Continued August 15, 2007
I. PUBLIC HEARINGS
None.
J.
169
COMMUNICATIONS
J-1 Claims Filed Against the City of Lodi — None
J-2 The following postings/appointments were made:
a) "Appointment of Alternate to the San Joaquin County Solid Waste Management
Task Force"
It was requested that this item be brought back to the City Council at the next
regularly scheduled meeting after further information regarding meeting schedules
and appointment requirements was obtained.
b) The City Council, on motion Council Member Hitchcock, Johnson second, directed
the City Clerk to post for the following vacancy and re -post for the two remaining
vacancies by the vote shown below:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
Lodi Arts Commission
Beverly Norcross Term to expire July 1, 2010
Vacancy Term to expire July 1, 2008
Vacancy Term to expire July 1, 2008
J-3 Miscellaneous
a) The City Council, on motion of Council Member Hansen, Johnson second,
accepted the cumulative Monthly Protocol Account Report through July 31, 2007.
The motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
REGULAR CALENDAR
K-1 "Receive Results of the 2007 Lodi Citizen Survey"
City Manager King provided an overview of the survey. Specific topics of discussion
included citizen satisfaction, approximately $13,000 cost, study methods, characteristics
of residents, use of services and facilities in the last 12 months, core services results,
comparisons with national norms, results, value, what residents want, sales tax for public
safety, and greenbelt support or opposition, specific questions for support on City -specific
responses, and general information provided by survey.
In response to Mayor Johnson, Mr. King stated there is no way to tell from the generalized
question on whether or not there was confusion among the responders to the survey
regarding fire and ambulance service.
In response to Council Member Hithchcock, Mr. King stated the results and numbers
showing how the City's results compare with other jurisdictions is posted on the City's
website.
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Continued August 15, 2007
In response to Council Member Hansen, Mr. Prima stated citizens with questions or
concerns regarding traffic signal timing can contact him or the City Engineer in the Public
Works Department. Council Member Hansen requested that information be provided to the
Council regarding the same in the future.
In response to Council Member Hitchcock, Mr. Hood stated additional information is also
available on the City's website at www.lodi.gov.
MOTION / VOTE:
There was no Council action taken on this matter.
RECESS
At 8:20 p.m., Mayor Johnson called for a recess, and the City Council meeting reconvened at
8:31 p.m.
K. REGULAR CALENDAR (Continued)
K-2 "Approve Staff Recommendation for Preferred Site Selection for the Lodi Surface Water
Treatment Facilities"
Public Works Director Prima and Richard Stratton (HDR) provided an overview of the
alternative site evaluation — initial screening. Topics of discussion included purpose of initial
screening, selection criteria, potential surface water treatment facility sites, location of
alternative sites, pictures of alternative sites, preliminary evaluation, membrane water
treatment plant, conventional water treatment plant, size of site, environmental impact, flood
hazard, pipeline, cost, educational opportunities, aesthetic compatibility with surroundings,
findings and recommendations, location of recommended site, parks and recreation issues,
Commission comments, site aerial view, and the next steps.
In response to Council Member Hansen, Mr. Stratton stated the land acquisition chart
shows units in $1,000 and Site A and E would be close to $2 million.
In response to Council Member Hansen, Mr. Prima stated the initial Woodbridge Irrigation
District (WID) contract provided for a three-year banking period with an extension option. He
stated staff is meeting with the District shortly and will be coming back to the Council in the
next few months.
In response to Council Member Hansen, Mr. Prima stated the building would need to be
raised a little, but the berm separator would stay in place.
In response to Council Member Hansen, Mr. Prima stated the flood maps show that water
may come out of the lake by the entrance; although, there is protection with the
Commanche Dam in place.
Council Member Hitchcock stated all alternatives should be looked at carefully for costs
and impacts on development, existing residents and the plant. She stated she was in favor
of Alternative B.
In response to Council Member Katzakian, Mr. Prima stated the pipeline and pump station
are upstream and come down and will get five acres or less. Mr. Prima stated there is a
trail on the site now.
In response to Council Member Katzakian, Mr. Prima stated it is not a current park and the
pipeline can go underneath the railroad.
Con
Continued August 15, 2007
Discussion ensued between Mayor Johnson and Mr. Stratton regarding water flow down the
canal and extraction, Site D options, piping cost versus land savings for Site A and Site B,
$7.5 million for piping, which includes fish screen, WID canal, Bakersfield's dealings with
the Department of Health for related matters, risk associated with treatment, negotiations
and contract for drawing water, Site D options, and structure costs.
In response to Council Member Katzakian, Mr. Prima stated filtering water back into the
City will cost more, the Awani site will take additional work and permitting, and permitting
for new diversion points is difficult when one exists already as intake is not recommended.
In response to Mayor Johnson, City Manager King stated the City Council previously
considered options associated with forming a Mello -Roos district, assumptions regarding
the burden of the cost to be shared by new and existing development, and utilizing
development agreements as a tool for the financing element.
Discussion ensued between Mayor Johnson, Council Member Katzakian and Council
Member Hansen regarding utilizing the 5acre piece versus the 13 -acre piece and overall
use of parkland.
In response to Council Member Hansen, Mr. Prima stated staff has not yet spoken with
General Mills regarding its interest level and/or its future Oans. Mr. Prima suggested
reviewing both sites simultaneously while speaking with General Mills to ascertain its
interest level.
In response to Council Member Katzakian, Mr. Prima stated there is no specific plan
currently on exact location of the site.
MOTION #1 / VOTE:
Council Member Hansen made a motion, Katzakian second, to move forward with looking
at both Site A and Site B. The motion failed by the following vote:
Ayes: Council Members — Hansen and Katzakian
Noes: Council Members — Hitchcock and Mayor Johnson
Absent: Council Members — Mounce
City Manager King requested additional deliberation to provide direction to staff.
Discussion ensued between the City Council regarding the possibility of looking at Site B
and confirming interest on behalf of General Mills regarding the same.
MOTION #2 / VOTE:
The City Council, on motion of Council Member Hitchcock, Johnson second, directed staff
to review the options available for Site B and present information regarding the same to the
City Council at the next regularly scheduled meeting. The motion carried by the following
vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
K-3 "Adopt Resolution Accepting the Estimates of Value and Authorizing the Sale of City -
Owned Property"
Fire Chief Pretz provided an overview of the subject matter and specifically discussed the
valuations from the appraisal report.
Discussion ensued between Council Member Hansen, Chief Pretz, and City Manager King
regarding the possibility of utilizing the Lockeford Street property as affordable housing,
similar to the Kentucky House Project, if the site was donated and developer options
regarding the same.
7
Continued August 15, 2007
Council Member Hitchcock stated she could like to see the proposed sale of the subject
properties coincide with redevelopment if possible.
Discussion ensued between Council Member Hitchcock, Chief Pretz, City Manager King,
and City Attorney Schwabauer regarding the Awani property site, usage history of the site,
and potential options for buyers regarding contractual obligations and environmental
analysis.
In response to Council Member Hitchcock, Mr. Prima stated it is likely that the Century
Boulevard right of way will not be built due to funding. Mr. Prima also provided a brief history
of the right of way.
Kathy Grant spoke in opposition to any proposed sale of the Awani property based on her
concerns regarding preservation of the scenic overlook and public access.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Hitchcock second, adopted
Resolution No. 2007-171 accepting the estimates of value and authorizing the sale and/or
lease of the following City -owned properties by the vote shown below:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
00 1119— 1120 Awani Drive (APN 041-250-38 & 041-410-01) 3.65 acres —$1,200,000
co 217 East Lockeford Street (APN 041-220-02) 1.36 acres — $ 340,000
co Century Boulevard right-of-way (West of Stockton Street) 3.06 acres — $ 400,000*
*Annual lease payment of $40,000 for this property based on appraised value.
K-4 "Adopt Resolution Authorizing the City Manager to Issue a Request for Proposals for
Brokerage Services to Sell Surplus City -Owned Real Estate Properties"
City Manager King provided an overview of the subject matter and proposed brokerage
services.
In response to Council Member Hitchcock, Mr. King stated that the request for proposals
was open to anyone. City Attorney Schwabauer stated current Planning Commissioner
Hennecke would be ineligible to vote on the matter.
In response to Mayor Johnson, Mr. King stated minimums were the appraised amounts.
Mr. King provided an overview of the gifting of public funds and estimated values. He
confirmed there is no commission.
Discussion ensued between Council Member Hitchcock, Mayor Johnson, and City Manager
King regarding the timing of the proposed sale, the need for quality industrial sites, market
fluctuations and the process associated with any potential sale.
In response to Council Member Hansen, Mr. King confirmed that the City Council has final
say on any actual sale of the property.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, adopted
Resolution No. 2007-172 authorizing the City Manager to issue a request for proposals for
brokerage services to sell the 9.09 -acre real estate property located at 500 South Guild
Avenue; the 3.65 -acre parcel at 1119-1120 Awani Drive; the 1.36 -acre parcel at 217 East
Lockeford Street; and lease the 3.06 -acre right-of-way on Century Boulevard (west of
Stockton Street), utilizing a two-tiered brokerage fee structure. The motion carried by the
following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Hitchcock
Absent: Council Members — Mounce
Continued August 15, 2007
K-5
BEV
"Adopt Resolution Authorizing the City Manager to Execute a Contract with Moore,
lacofano, & Goltsman Inc. to Prepare Guidelines for Transit Oriented Development"
Planning Manager Peter Pirnejad provided a presentation regarding the proposec
agreement. Specific topics of discussion included process, requests by five companies,
Transit Oriented Development proposal rating system, Moore, lacofano, & Goltsman Inc.
qualifications, staff workings with proposed company, and the design guidelines process.
In response to Council Member Hansen, Mr. Pirnejad stated the City received a grant for
this project and no general funds were expended. Mr. King stated the top three consultant
proposals were within $1,000 of one another.
In response to Council Member Hansen, Mr. Pirnejad stated there are additional
improvements to be made at the Smart & Final site, but the landscaping work to be
performed by Smart & Final was completed. Mr. King stated the E -Map program is a
separate piece and the grant will position us to receive additional funding in the future.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, adopted
Resolution No. 2007-173 authorizing the City Manager to execute a contract with Moore,
lacofano, & Goltsman Inc. to prepare guidelines for Transit Oriented Development in the
amount of $84,435. The motion carried by the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
"Approve Expenses Incurred by Outside Counsel/Consultants Relative to the Environmental
Abatement Program Litigation ($140,263.96)"
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, approved the expenses
incurred by outside counsel/consultants relative to the Environmental Abatement Program
litigation in the amount of $140,263.96, as detailed below, by the following wte:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Mounce
Folger Levin & Kahn — Invoices Distribution
Matter Invoice Water Account
No. No. Date Description Amount
8002 103186
Jun 07
8003 103187
Jun 07
8008 103188
Jun 07
14648
Feb -Apr 07
People v. M&P Investments
$ 6,559.19
Hartford Insurance Coverage Litigation
$158,876.10
Contingency Fee Amount Savings
(100,738.00)
Credit for June Client Charges for
(8,138.10)
overpayment of Costs on Inv. #102108
7/26/2007
City of Lodi v. Envision Law Group
$ 72,462.81
PES Environmental, Inc. (Keith O'Brien)
$ 3.386.00
Total
$132,408.00
MISCELLANEOUS
6/29/2007
9
Water Account
Invoice No.
Date
Description
Amount
875201
7/26/2007
Harry A. Cannon
$ 2,020.80
875401
7/27/2007
Harry A. Cannon
$ 1,896.85
1315518-100
6/29/2007
JAMS Mediation Services
$ 1,644.66
CA14489
7/18/2007
Veritext Orange County Reporting Co.
$ 1,001.30
CA14507
7/18/2007
Veritext Orange County Reporting Co.
$ 1.292.35
Total
$ 7,855.96
9
Continued August 15, 2007
L. ORDINANCES
None
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:31 p.m.
ATTEST:
Randi Johl
City Clerk
10