HomeMy WebLinkAboutMinutes - January 16, 2008LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 16, 2008
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of January 16, 2008, was called to order by Mayor
Mounce at 6:00 p.m.
Present: Council Members — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Acting
Labor Negotiators), Regarding Lodi Police Dispatchers Association, International
Brotherhood of Electrical Workers, and Association of Lodi City Employees Regarding
Maintenance and Operators and General Services Pursuant to Government Code §54957.6
b) Threatened Litigation: Government Code §54956.9(b); One Case; Potential Suit by Part -
Time Employees Regarding CalPERS Enrollment Against City of Lodi
C-3 ADJOURN TO CLOSED SESSION
At 6:00 p.m., Mayor Mounce adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:01 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:10 p.m., Mayor Mounce reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
Both Items C-2 (a) and C-2 (b) were discussion only.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of January 16, 2008, was called to order by Mayor Mounce at
7:10 p.m.
Present: Council Members — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce
Absent: Council Members — None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. INVOCATION
The invocation was given by Pastor Chris Chavez, Heartland Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mounce.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 Proclamations — None
D-3 (a) Mayor Mounce presented a Certificate of Recognition to David Akin for his 2007 Parks and
Recreation Commission Chairmanship.
Continued January 16, 2008
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Johnson, Katzakian second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
E-1 Claims were approved in the amount of $6,697,178.55.
E-2 The minutes of December 18, 2007 (Shirtsleeve Session), December 19, 2007 (Regular
Meeting), December 25, 2007 (Shirtsleeve Session), January 1, 2008 (Shirtsleeve Session),
January 2, 2008 (Regular Meeting), and January 8, 2008 (Shirtsleeve Session) were
approved as written.
E-3 Approved the request for proposal for acceptance testing and commissioning of the Killelea
Substation Rehabilitation project.
E-4 Adopted the following resolutions:
00 Resolution No. 2008-01 authorizing the City Manager to execute an agreement with
Woodbridge Irrigation District for the reimbursement of costs for construction of raw
water supply piping for the Lodi Surface Water Treatment Plant and appropriating
$60,000 from the Water Development Impact Fee fund; and
00 Resolution No. 2008-02 authorizing the City Manager to execute Amendment No. 1, in
the amount of $32,000, to the contract with HDR Engineering, Inc., to add raw water
pump station design and consultations with California Department of Public Health and
appropriating funds from the Water Development Impact Fee fund.
E-5 Accepted improvements under the "Water and Wastewater Main Replacement Program,
Project No. 3, Various Locations" contract.
E-6 Adopted Resolution No. 2008-03 accepting the improvements in Century Meadows Park,
1833 Lexington Drive.
E-7 Adopted Resolution No. 2008-04 authorizing the City Manager to qDprove the Northern
California Power Agency Green Power Project Amended 3rd Phase Agreement.
E-8 "Adopt Resolution Ratifying the Employment Agreement Extension between the City
Manager and Electric Utility Director George Morrow" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
E-9 "Adopt Resolution Amending the Memorandum of Understanding between the City of Lodi
and the Police Officers Association of Lodi for the Period of October 9, 2007 through
October 8, 2011" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar.
E-10 "Adopt Resolution Amending the Memorandum of Understanding between the City of Lodi
and the Lodi Professional Firefighters for the Period July 1, 2007 through December 31,
2009" was removed from the Consent Calendar and discussed and acted upon
following approval of the Consent Calendar.
E-11 Affirmed the Highway 12 Safety and Harney Lane/Highway 99 Interchange projects as the
City of Lodi's nominations for the San Joaquin Council of Governments' One Voice trip.
E-12 Denied the request from San Joaquin Partnership for $25,000 to serve as a partial match for
a grant for the Stockton Metropolitan Airport.
W
Continued January 16, 2008
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
E-8 "Adopt Resolution Ratifying the Employment Agreement Extension between the City
Manager and Electric Utility Director George Morrow"
This item was pulled by Council Member Hitchcock for further information.
City Manager King provided a brief overview of the proposed extension of the employment
agreement with the Electric Utility Director.
In response to Mayor Pro Tempore Hansen, Mr. King stated that there are some salary
related dynamics with the City Manager and Electric Utility positions. He stated the
Electric Utility Director is a highly valued employee and if there is a need at a later date to
amend the 5% for him or other management employees, it will be brought back to the City
Council.
Mayor Mounce stated she will not be voting in favor of the recommended action because
she does not inherently support the six-month severance clause.
MOTION / VOTE:
The City Council, on motion of Council Member Hitchcock, Hansen second, adopted
Resolution No. 2008-05 ratifying the employment agreement edension between the City
Manager and Electric Utility Director George Morrow. The motion carried by the following
vote:
Ayes: Council Members — Hansen, Hitchcock, Johnson, and Katzakian
Noes: Council Members — Mayor Mounce
Absent: Council Members — None
E-9 "Adopt Resolution Amending the Memorandum of Understanding between the City of Lodi
and the Police Officers Association of Lodi for the F2riod of October 9, 2007 through
October 8, 2011"
This item was pulled by Council Member Hitchcock for further information.
Deputy City Manager Krueger provided a brief overview of the contract amendment and the
proposed terms.
Council Member Hitchcock stated she will not be voting in favor of the recommended action
due to her concerns regarding setting precedent, mandatory arbitration, salary surveys,
long-term contracts, 20% differentials, and only a one percent tie in with the General Fund.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second, adopted
Resolution No. 2008-06 amending the Memorandum of Understanding between the City of
Lodi and the Police Officers Association of Lodi for the period of October 9, 2007 through
October 8, 2011. The motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, Katzakian, and Mayor Mounce
Noes: Council Members — Hitchcock
Absent: Council Members — None
E-10 "Adopt Resolution Amending the Memorandum of Understanding between the City of Lodi
and the Lodi Professional Firefighters for the Period July 1, 2007 through December 31,
2009"
This item was pulled by Council Member Hitchcock for further information.
Deputy City Manager Krueger provided a brief overview of the contract amendment and the
proposed terms.
Continued January 16, 2008
Council Member Hitchcock stated she will not be voting in favor of the recommended action
due to similar concerns as previously stated on the proposed MOU with the Police Officers
Association.
In response to Mayor Pro Tempore Hansen, Mr. Krueger stated the total compensation
figures are median numbers based on the salary surveys.
Discussion ensued between Council Member Johnson and Mr. Krueger regarding employee
retention data, attrition, and retirements.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, adopted
Resolution No. 2008-07 amending the Memorandum of Understanding between the City of
Lodi and the Lodi Professional Firefighters for the period July 1, 2007 through December 31,
2009. The motion carried by the following vote:
Ayes: Council Members — Hansen, Johnson, Katzakian, and Mayor Mounce
Noes: Council Members — Hitchcock
Absent: Council Members — None
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
oo Jack Dunn spoke of his concerns regarding credit card charges incurred by the City and
Electric Utility for payments made by credit card and requested staff agendize the matter for
further review.
00 Robert Raingruber spoke of his concerns regarding the erosion at Lodi Lake and submitted a
letter regarding the same.
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
oo Council Member Johnson commended the various City departments for their efficient and
effective response to the storms.
00 Mayor Pro Tempore Hansen reported on his attendance at a workshop in Sacramento and
discussed the shift from electric issues to water issues. He also commended the departments
for their response to the storms.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
0o City Manager King stated staff will research and provide an update on the Lodi Lake, credit
card, and payment diversity options. He also urged attendance at the January 24 redevelopment
open house and briefly discussed the City's receipt of two San Joaquin Council of Governments
awards and Federal Emergency Management Agency flood maps.
PUBLIC HEARINGS
None.
J. COMMUNICATIONS
J-1 Claims Filed Against the City of Lodi — None
J-2 The following postings/appointments were made:
a) The City Council, on motion of Council Member Hitchcock, Mounce second,
unanimously directed the City Clerk to post and re -post for the following vacancies
on the Lodi Arts Commission:
Lodi Arts Commission
Post:
Cynthia Inman Term to expire July 1, 2008
Re -Post:
Two Vacancies Terms to expire July 1, 2008
One Vacancy Term to expire July 1, 2010
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Continued January 16, 2008
J-3 Miscellaneous
a) The City Council, on motion of Council Member Hitchcock, Katzakian second,
unanimously accepted the cumulative Monthly Protocol Account Report through
December 31, 2007.
K. REGULAR CALENDAR
K-1 "Consider Request from San Joaquin County Supervisor Ken Vogel Seeking Financial
Assistance for the Development of an Armstrong Road Agricultural/Cluster Zoning
Classification"
City Manager King provided a brief overview of the subject matter and Supervisor Vogel's
request seeking financial assistance for the Armstrong Road zoning. He specifically
discussed the recommended action to enter into negotiations with the County CEO Manual
Lopez for an amount lesser than $300,000, the County's consideration of a proposal, the
City's role in developing the subject area, and the Council's discretion on the contribution
amount.
In response to Council Member Hitchcock, Mr. King stated that, while there may be some
duplication of effort with the General Plan amendment process, additional factual data may
also be gathered as a result.
In response to Council Member Hitchcock, Mr. King stated the hierarchy of issues includes
the comfort level with the current zoning and the level of participation to change that zoning.
Mr. King stated it is his opinion that the Board of Supervisors will not proceed with the
matter unless the City provides some financial support as well.
In response to Mayor Pro Tempore Hansen, Mr. King stated the 12 votes for the annexation
are not necessarily those of the property owners.
Discussion ensued among Council Member Hitchcock, Mayor Mounce, and Mr. King
regarding the recommended action, development compromise, citizen desires for the
proposed area, Environmental Impact Report application, and the value of negotiations to
the City.
In response to Mayor Pro Tempore Hansen, Mr. King confirmed that he believes the only
way the matter can go forward with the Board of Supervisors is based on some form of
financial contribution from the City.
In response to Council Members Katzakian and Hitchcock, Mr. King confirmed that the
recommended action is to negotiate with Manual Lopez a contribution figure of less than
$300,000 to keep the project going forward.
In response to Council Member Johnson, Mr. King clarified that there are 181 property
owners and there is a difference between the ability to vote if one is both a landowner and
property owner versus just a landowner. Mr. King stated a voter must live in the voting
district.
Pat Stockar spoke in support of a financial contribution from the City to the subject area
zoning efforts and pursuing negotiations regarding the same. Discussion ensued between
Mr. Stockar and Council Member Hitchcock regarding protections with AL -5 zoning, State
law prohibition on leap frog development, proposal terms regarding annexation and
development, discretion of local municipality to make decision, similar examples of zoning
in Morada and Tracy, and the overall needs and desires of the farming community.
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Continued January 16, 2008
In response to Mayor Pro Tempore Hansen, City Attorney Schwabauer stated the sphere of
influence does not give zoning authority until land is annexed and it is difficult to zone in
perpetuity.
Bruce Fry spoke in support of a City financial contribution to the proposal and AL -5 zoning.
A brief discussion ensued between Mr. Fry and Council Member Hitchcock regarding the
terms of the proposal as they relate to property rights.
Pat Patrick spoke in support of the staff recommendation to enter into negotiations with the
County CEAO to determine a contribution amount.
In response to Qvuncil Member Hitchcock, Planning Manager Peter Pirnejad provided a
brief report of the Planning Commission's consideration, recommendation, and mixed
reaction regarding the subject matter.
Ann Cerney spoke of her concerns regarding jurisdiction and a meaningful ability to
participate in the process.
MOTION / VOTE:
The City Council, on motion of Council Member Johnson, Hbnsen second, unanimously
directed the City Manager to negotiate with County Administrator Manuel Lopez and
recommend a level of funding for subsequent Council consideration.
RECESS
At 9:30 p.m., Mayor Mounce called for a recess, and the City Council meeting reconvened at
9:40 p.m.
K. REGULAR CALENDAR (Continued)
K-2 "Adopt Resolution Approving Amendment to Woodbridge Irrigation District Water Purchase
Agreement"
City Manager King briefly introduced the subject matter of an amendment to the water
purchase agreement with the Woodbridge Irrigation District. Public Works Director Prima
provided a brief presentation regarding the same.
In response to Mayor Pro Tempore Hansen, Mr. Prima stated the terms, price, and
language of the agreement are similar and equal to the agreement with the city of Stockton.
Discussion ensued between Council Member Hitchcock, Mr. Prima, and Mr. Schwabauer
regarding subordinating the first contract position to Stockton, right of first refusal for sale,
rights for annexed land for both cities in the future, definitions of various types of water in
the agreement, preclusion of the first 6,500 in the additional water term, related contract
terms, dry year supply, hierarchy among the cities, and paragraph 3 of the initial and new
contract.
In response to Council Member Katzakian, Mr. Prima stated the district runs from North
Stockton up and to the west. He stated Stockton has annexed lands in the Dstrict.
Mr. King stated a question regarding exercising the right to first refusal may still remain.
In response to Council Member Johnson, Mr. Prima stated Stockton will likely use its
allocation before Lodi uses its allocation. He stated language and delivery will continue to
be worked out.
Discussion ensued between Council Member Hitchcock, Mr. Prima, and Mr. Schwabauer
regarding Stockton obtaining water after Lodi has received its allocation, dry year cut backs
as defined by measurements from East Bay and not the actual amount of water,
environmental based definitions, and banking of water.
Con
Continued January 16, 2008
In response to Council Member Hitchcock, Mr. Prima stated over time the water table will
likely rise.
In response to Mayor Pro Tempore Hansen, Mr. Prima stated the District could stipulate
regarding its ability to sell water to differing agencies.
Discussion ensued between Mayor Pro Tempore Hansen and Mr. Christensen regarding the
ability of the District to provide future water, two to three year dry period in 21 years where
approximately one half of the water was received, the District's future tied to annexations
and agriculture, the City's ability to negotiate after 40 years, and additional water supply in
the Delta and conservation efforts to meet obligations for both cities.
In response to Mayor Pro Tempore Hansen, Mr. Christensen stated it is difficult to take the
water outside of the County for delivery purposes so the primary goal is to keep and use it
locally.
In response to Mayor Pro Tempore Hansen, Mr. Prima confirmed that the City retains a
right of first refusal.
In response to Council Member Johnson, Mr. Schwabauer stated reasonableness is
generally determined by the courts and there is an obligation to negotiate in good faith. He
also stated pinning down the 40 years was important.
Ann Cerney spoke of her concerns regarding fast growth, urbanization, and the need for
water to remain in the North County.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second, adopted
Resolution No. 2008-08 approving amendment to Woodbridge Irrigation District Water
Purchase Agreement. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Mounce
Noes: Council Members — Hitchcock and Johnson
Absent: Council Members — None
K-3 "Mid -Year Budget Review and Adopt Resolution Revising 2007-08 Budget Appropriations"
City Manager King provided a brief introduction to the topic of mid -year budget review and
related appropriations including training for committee and commission members.
Deputy City Manager Krueger provided a PowerPoint presentation regarding the mid -year
budget review. Specific topics of discussion included general fund summary for adjustments
and one-time expenses, electric fund summary, water fund summary, wastewater utility
fund summary, vehicle replacement fund summary, self-insurance summary, community
development fund summary, statements of changes in each fund, and position control for
departments.
In response to Council Member Hitchcock, Mr. King stated the $20,000 figure was arrived
at based on history of conference usage and Planning Commission registration budget.
In response to Council Member Johnson, Mr. King stated the number allocated for the web
camera appears to be sufficient at the current time.
In response to Mayor Pro Tempore Hansen, Fire Chief Pretz stated that, with respect to the
$190,000 figure for dispatch, $150,000 is for equipment and $40,000 is for training, tuition,
and overtime.
In response to Council Member Johnson, Mr. Krueger stated position control was updated
to include the four police jailers/dispatchers, who are also included in the training.
7
Continued January 16, 2008
In response to Council Member Hitchcock, Chief Pretz stated the $40,000 is both for
overtime and training because the dispatchers have not received training since 2001.
In response to Mayor Pro Tempore Hansen, Interim Police Chief Main stated that, while the
web cam is designed as a marketing tool, it does have video surveillance and retention
capabilities.
Discussion ensued between Council Member Hitchcock and Electric Utility Director Morrow
regarding the Roseville CT sale, related numbers, and the need for adjustments in the
future.
In response to Mayor Pro Tempore Hansen, Mr. Krueger confirmed that the $2.3 million
was transferred from water to wastewater and reflected in the fund balances as needed.
In response to Council Member Hitchcock, Mr. King stated staff is addressing concerns
regarding guidelines for the vehicle replacement policy and will bring the replacement
schedule back for consideration.
MOTION #1 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, approved the
one-time adjustment of $190,000 for Fire dispatch and equipment. The motion carried by
the following vote:
Ayes: Council Members — Hansen, Hitchcock, Katzakian, and Mayor Mounce
Noes: Council Members — Johnson
Absent: Council Members — None
MOTION #2 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second,
unanimously approved the one-time adjustment of $50,000 for the Granicus system for the
City Clerk's Office.
MOTION #3 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, unanimously
approved the one-time adjustment of $10,000 for web cam in downtown Lodi.
MOTION #4 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, unanimously
approved the transfer of $11,875 from Parks Donations to the Parks and Recreation budget
for various small projects including riverbank repair at Lodi Lake.
MOTION #5 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, unanimously
appropriated $20,000 to non -departmental accounts for the training and development of
Board and Commission members through attendance at seminars and/or conferences.
MOTION #6 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second,
unanimously appropriated $40,000 to the Public Works Department for the graffiti
abatement program.
MOTION #7 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second,
unanimously transferred $89,000 to the Equipment Replacement Fund for failing radio
equipment in the Police Department.
Continued January 16, 2008
MOTION #8 / VOTE:
The City Council, on motion of Council Member Johnson, Hansen second, unanimously
revised position titles to Assistant Planner (from Transportation Technician) and Senior
Building Inspector (from Plan Check Engineer) and added the position of Code Improvement
Officer — Supervisor.
MOTION #9 / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second,
unanimously adopted Resolution No. 2008-09 revising the 2007-08 Operating and Capital
Improvement Budget for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Council Member Johnson, Hansen second, unanimously voted to
continue with the remainder of the meeting following the 11:00 p.m. hour.
RECESS
At 11:30 p.m., Mayor Mounce called for a recess, and the City Council meeting reconvened at
11:35 p.m.
K. REGULAR CALENDAR (Continued)
K-4 "Review of City's Annual Financial Report (Fiscal Year 2006-07) by Macias, Gini &
O'Connell, LLP"
City Manager King provided a brief introduction of the subject matter and overview of the
state budget.
Scott Brunner of Macias, Gini & O'Connell, LLP provide a brief overview of the
Comprehensive Annual Financial Report (CAFR) summaries as provided in the report in the
agenda packet.
In response to Council Member Hitchcock, Mr. Krueger stated staff is estimating on a
conservative basis as it relates to mandated costs.
In response to Mayor Pro Tempore Hansen, Mr. Krueger and Mr. Brunner confirmed that an
unqualified opinion states that nothing needs to be addressed or otherwise fixed.
In response to Mayor Mounce, Mr. Brunner confirmed that the prior years' findings,
including those associated with safety requirements and Community Development Block
Grant, have been addressed, resolved, and no matters remain outstanding.
In response to Mayor Pro Tempore Hansen, Mr. King stated there is a phased approach to
repairing the safety room needs and the IBM program provides back-up.
In response to Mayor Mounce, Mr. King stated there may be some incongruence between
departments as it relates to CalPers, but it has to do generally with timing.
In response to Council Member Hitchcock, Mr. Krueger stated the general fund balance
reflects both reserved and unreserved portions. Mr. King stated the minimum target for
unrestricted unreserved is about $6.5 million.
Discussion ensued between John Johnson, Mr. King, Mr. Krueger, and Mr. Brunner
regarding the timing of the CAFR and the opportunity to have it completed earlier.
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Continued January 16, 2008
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Johnson second, unanimously
received the City's Annual Financial Report for fiscal year 2006-07.
K-5 "Adopt Resolution Authorizing the City Manager to Execute Professional Services
Agreement with Mark Thomas & Company and Cooperative Agreement with San Joaquin
Council of Governments for Preparation of State Route 99/Harney Lane Interchange Project
Study Report and Project Report and Appropriating Funds ($700,000)"
City Engineer Wally Sandelin provided a brief presentation regarding the Harney Lane
Widening Project. Specific topics of discussion included project location, reasoning for
widening, timing, key areas, Lower Sacramento Road intersection, west of Lower
Sacramento Road, east of Lower Sacramento Road, Hutchins Street intersection, and
summary regarding the same.
In response to Council Member Hitchcock, Mr. King stated specifics regarding the funding
remains unknown at the current time, but the objective is to start to prepare the plans, new
development will be obligated to pay its share of costs, and developers will likely make up
the difference from Measure K and grant funding.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second,
unanimously adopted Resolution No. 2008-10 authorizing the City Manager to execute a
professional services agreement with Mark Thomas & Company and cooperative agreement
with San Joaquin Council of Governments for peparation of State Route 99/Harney Lane
Interchange Project Study Report and Project Report and appropriating funds in the amount
of $700,000.
L. ORDINANCES
None.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
12:16 a.m., Thursday, January 17, 2008.
ATTEST:
Randi Johl
City Clerk
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