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HomeMy WebLinkAboutMinutes - February 20, 2008LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, FEBRUARY 20, 2008 C-1 CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of February 20, 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) Actual Litigation: Government Code §54956.9(a); One Case; County of San Joaquin v. City of Stockton et al.. San Joaquin County Superior Court, Case No. CV029651 b) Conference with Dean Gualco, Human Resources Manager, and Jim Krueger, Deputy City Manager (Acting Labor Negotiators), Regarding Lodi City Mid -Management Association Pursuant to Government Code §54957.6 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 6:58 p.m. C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION At 7:04 p.m., Mayor Mounce reconvened the City Council meeting, and City Attorney Schwabauer disclosed the following actions. In regard to Item C-2 (a), the City Council unanimously approved the proposed settlement agreement with the County of San Joaquin. Item C-2 (b) was discussion only. A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of February 20, 2008, was called to order by Mayor Mounce at 7:04 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 Ken Owen, Christian Community Concerns. 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) Megan Connors and Lee Kraljev, representing the Greater Lodi Area Youth Commission, gave an update on the Commission's activities and accomplishments. Continued February 20, 2008 E. CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, Council, on motion of Council Member Johnson, Hitchcock second, unanimously approved the following items hereinafter set forth except those otherwise noted: E-1 Claims were approved in the amount of $3,991,774.41. E-2 The minutes of January 16, 2008 (Regular Meeting), February 5, 2008 (Shirtsleeve Session), February 6, 2008 (Regular Meeting), and February 12, 2008 (Shirtsleeve Session) were approved as written. E-3 Accepted the quarterly report of purchases between $5,000 and $20,000. E-4 Approved specifications and authorized advertisement for fids for portable self contained vacuum excavation unit. E-5 Approved specifications and authorized advertisement for bids for self-propelled mini digger derrick. E-6 Adopted Resolution No. 2008-18 approving the purchase of medium -duty equipment lift from Stertil-KONI, of Stevensville, MD, in the amount of $43,368.80, using the California Multiple Award Schedules Purchasing Contract No. 4-07-49-0014A. E-7 "Adopt Resolution Awarding the Contract for Residential Water Meter Installation Project (Phase 2) to Petersen Construction, Inc., of Reno, NV ($13,048)" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. E-8 "Adopt Resolution Rejecting the Low Bid and Awarding the Contract for the Acceptance Testing and Commissioning of the Killelea Substation Rehabilitation Project to Power Testing and Energization, Inc., of Vancouver, Washington, and Authorizing the City Manager to Approve Change Orders up to $30,000 ($148,592)" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. E-9 Adopted Resolution No. 2008-19 authorizing the City Manager to ececute aThird Phase Agreement with Northern California Power Agency for the Western Geothermal, Inc. Renewable Energy Project. E-10 Authorized the Deputy City Manager/Treasurer to enter into agreement with Farmers and Merchants Bank of Central California for the issuance of a City credit card for Interim Police Chief David Main. E-11 Adopted Resolution No. 2008-20 approving the Improvement Deferral Agreement for the Victor Road Improvements for Archer Daniels Midland, 350 North Guild Avenue, and authorizing the City Manager and City Clerk to execute the agreement on behalf of the City. E-12 Adopted Resolution No. 2008-21 authorizing the City Manager to enter into contracts to purchase replacement granular activated carbon for dibromochloropropane (DBCP) treatment at City drinking water wells for 2008 in the amount of $247,800. E-13 "Adopt Resolution Authorizing the City Manager to Execute Agreement with City of Elk Grove Regarding Its Purchase of Compressed Natural Gas from City of Lodi at Municipal Service Center Fueling Station" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. W Continued February 20, 2008 E-14 Adopted Resolution No. 2008-22 approving East Lodi Avenue Reconstruction for Proposition 1 B (Transportation Bond) funding. E-15 Adopted Resolution No. 2008-23 authorizing the City Manager to file an amended claim for 2007-08 Transportation Development Act funds in the anount of $3,019,423 from Local Transportation Fund and $20,049 from State Transit Assistance. E-16 Adopted Resolution No. 2008-24 approving application for rubberized asphalt concrete chip seal gant from California Integrated Waste Management Board and authorizing the City Manager to execute grant agreements. E-17 "Approve Removal of Three Trees at 1345 West Kettleman Lane in Conjunction with Animal Shelter Arts Project" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. E-18 "Adopt Resolution Authorizing Supplemental Funds from the Parks and Recreation Impact Fee Account Toward the Current Restroom Improvements at Henry Glaves Park and Beckman Park ($30,000)" was removed from the Consent Calendar and discussed and acted upon following approval of the Consent Calendar. E-19 Set Public Hearing for March 5, 2008, to consider and approve community input and proposals for Lses of the City's 2008-09 Federal 4ocation of Community Development Block Grant and HOME Program funds and the reallocation of available funds from previous program years. E-20 Set Public Hearing for March 5, 2008, to adopt Federal Fiscal Year 2008 Program of Transit Projects. E-21 Set Public Hearing for March 19, 2008, to consider resolution approving new rates for solid waste collection. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR E-7 "Adopt Resolution Awarding the Contract for Residential Water Meter Installation Project (Phase 2) to Petersen Construction, Inc., of Reno, NV ($13,048)" This item was pulled for further discussion by Mayor Pro Tempore Hansen. In response to Mayor Pro Tempore Hansen, Mr. Prima and Mr. Sandelin confirmed that it is a good time to install as many meters as possible in light of the favorable price of $13,000 and they anticipate doing the same. In response to Mayor Pro Tempore Hansen, Mr. Prima stated the current phase will not be completed until spring aid they will continue to work with the bidder to get the maximum amount of meters installed. In response to Council Member Johnson, Mr. Prima stated the $13,000 is the original bid amount and may cover the entire amount of 680 meters based on contingency. MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Johnson second, unanimously adopted Resolution No. 2008-25 awarding the contract for Residential Water Meter Installation Project (Phase 2) to Petersen Construction, Inc., of Reno, NV, in the amount of $13,048, and authorizing the City Manager to extend the contract to allow up to 86 additional meters to be installed. Continued February 20, 2008 E-8 "Adopt Resolution Rejecting the Low Rd and Awarding the Qmtract for the Acceptance Testing and Commissioning of the Killelea Substation Rehabilitation Project to Power Testing and Energization, Inc., of Vancouver, Washington, and Authorizing the City Manager to Approve Change Orders up to $30,000 ($148,592)" This item was pulled for further discussion by City Attorney Schwabauer. City Attorney Schwabauer stated he would like the resolution to be amended to include the liability provision for the contractor's maximum insured coverage to apply and change the choice of law provision to California. MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Johnson second, unanimously adopted Resolution No. 2008-26, as revised by the City Attorney, rejecting the low bid and awarding the contract for the Acceptance Testing and Commissioning of the Killelea Substation Rehabilitation Project to Power Testing and Energization, Inc., of Vancouver, Washington, in the amount of $148,592, and authorizing the City Manager to approve change orders up to $30,000. E-13 "Adopt Resolution Authorizing the City Manager to Execute Agreement with aty of Elk Grove Regarding is Purchase of Compressed Natural Cas from City of Lodi at Municipal Service Center Fueling Station" This item was pulled for further discussion by Council Member Hitchcock. City Manager King provided a brief presentation stating that the city of Elk Grove is compensating the City of Lodi for its use of the Municipal Services Center (MSC). He stated the community will likely see green buses with Elk Grove markings fueling at the facility. MOTION / VOTE: The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously adopted Resolution No. 2008-27 authorizing the City Manager to execute agreement with city of Elk Grove regarding is purchase of compressed natural gas from City of Lodi at MSC fueling station and to extend the agreement, if necessary. E-17 "Approve Removal of Three Trees at 1345 West Kettleman Lane in Conjunction with Animal Shelter Arts Project" This item was pulled for further discussion by Council Member Hitchcock. City Manager King provided a brief overview of the existing policy for the City Manager to approve the removal of trees within the City. He stated Council consideration is sought regarding the subject tree removal because it may obscure the view of a potential site for an art piece. In response to Mayor Mounce, Mr. Prima stated he did not believe the proposed dog run would be affected by the tree removal and the project timing allows for staff to work around the dog run if necessary. Council Member Hitchcock stated she will not support the recommendation because trees are a vital part of the community. She stated the trees can be removed at a later date after the art mural is completed if it is determined that the view is obstructed. The President and Treasurer of People Assisting Lodi Shelter spoke regarding their concerns of the fencing, which may be affected if the trees are not removed, possible obstruction of the view of the aural, the need to have a 15 -foot fence set back, and the positioning of the current trees. al Continued February 20, 2008 MOTION / VOTE: The City Council, on motion of Council Member Johnson, Hansen second, Epproved the removal of three trees at 1345 West Kettleman Lane in conjunction with Animal Shelter arts project. 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-18 "Adopt Resolution Authorizing Supplemental Funds from the Parks and Recreation Impact Fee Account Toward the Current Restroom Improvements at Henry Glaves Park and Beckman Park ($30,000)" This item was pulled for further discussion by Council Member Hitchcock. In response to Council Member Hitchcock, Mr. King stated Proposition 12 and Proposition 40 funds are both based on per capita allocations. He stated the nexus requirements are met because the proposed project is an expansion project and will spend down money from the funds as required. Interim Parks and Recreation Director Steve Dutra provided an overview of the proposed park restroom expansion project. In response to Gty Attorney Schwabauer, Mr. Dutra stated the facilities are expanding in size by a minimum of one stall per facility. Mr. Schwabauer stated that, while impact fees cannot be used for existing improvements, they can be used for expansion projects and he is comfortable with the recommended action. MOTION / VOTE: The City Council, on motion Council Member Hitchcock, Katzakian second, unanimously adopted Resolution No. 2008-28 authorizing supplemental funds from the Parks and Recreation Impact Fee Account toward the current restroom improvements at Henry Glaves Park and Beckman Park in the amount of $30,000. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS 00 Rebecca Wallace, Wal-Mart Store Manager, presented the World of Wonders Science Museum with a donation of $25,000. 00 Frank Beeler provided an overview of the Salmonid Restoration Conference to be held at Hutchins Street Square on March 5-8, 2008, and invited everyone to attend. G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS 0o Council Member Johnson stated the City Council has not received a salary adjustment in 18 years and requested the matter be placed on a future agenda. 00 Mayor Pro Tempore Hansen reported on his attendance at two commission meetings and an Executive San Joaquin Council of Governments' meeting. He specifically discussed the Smart Growth fund, Law and Legislative Committee agenda, California climate control, AB 32, and greenhouse gas emission concerns. H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS 0o City Manager King reported that the City recently received two San Joaquin Awards for Excellence related to the wine industry. PUBLIC HEARINGS None. 5 Continued February 20, 2008 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 d' Mayor Mounce, Hitchcock second, unanimously made the following appointments and reappointments to various boards and commissions: Lodi Senior Citizens Commission Terri Whitmire Term to expire December 31, 2011 Tracy Williams Term to expire December 31, 2011 San Joaquin County Mosquito & Vector Control District Jack Fiori Term to expire December 31, 2009 Site Plan and Architectural Review Committee Roger Stafford Term to expire January 1, 2012 Reyes H. Jaramillo Term to expire January 1, 2012 J-3 Miscellaneous — None K. REGULAR CALENDAR K-1 "Receive Report Regarding Status of Mokelumne River Bank in the General Vicinity of Pigs Lake within Lodi Lake Park Nature Area" City Manager King provided a brief introduction of the subject matter of the Mokelumne River Bank as it relates to Pigs Lake within Lodi Lake. Interim Parks and Recreations Director Steve Dutra provided a brief presentation and specifically discussed the location and description of the project, site conditions, erosion areas, report findings from an engineering firm, and the proposed scope of work. In response to Mayor Pro Tempore Hansen, Mr. Dutra stated there may have been some grants previously available that came with several conditions. He stated they are continuing to look at partnering with other agencies to follow a variety of processes, including permitting, and are also working with grant writer John Brody. Mayor Pro Tempore Hansen also suggested looking at the Army Corps of Engineers for possible assistance. In response to Council Member Hitchcock, Mr. Prima stated the four to ten foot erosion occurred between 1994 and the present. He stated in 1994 the erosion level was approximately 100 linear feet and now it is about four times that amount. In response to Council Member Hitchcock, Mr. Prima stated that many factors go into the amount and levels of erosion of the embankment including swift water release, which causes the fastest erosion. In response to Council Member Hitchcock, Mr. Prima stated some draft information may be made available to the County Board of Supervisors. Mr. King stated staff is actively looking for other funding sources and in doing so will bring back to the Council a resolution of support, which can be forwarded to other agencies. In response to Council Member Johnson, Mr. Prima stated it is important to look at what specifically the City needs to fix the problem before going to an agency. A brief discussion ensued between Mayor Mounce, Mayor Pro Tempore Hansen, Mr. Prima, and Mr. King regarding prior discussion for improvements at Pigs Lake, the type of improvements that were made previously, and the ability to obtain assistance from agencies that control the waterways. Con Continued February 20, 2008 Discussion ensued between Council Member Hitchcock and Mr. Prima regarding the sense of emergency associated with repairing the embankment due to erosion, statistical data to support the improvements, previous efforts to stack trees against the riverbank, soil erosion near the trees resulting in a loss of the riverbank, and taking a look at other solutions. In response to Council Member Johnson, Mayor Pro Tempore Hansen stated the County did not consider the item a priority previously; although, there may have been some enforcement efforts by the Sheriff's Department and Lodi Police Department monitoring activity and patrolling the river in general. Ann Cerney stated she recalled some previous discussion regarding State funding opportunities and requirements for the same. Council Member Hitchcock suggested it may be appropriate to limit all but passive water craft on the river. Mr. King stated staff will prepare some information regarding erosion levels, along with a resolution of support to submit to the County, and will bring the entire matter back to Council for consideration and direction. MOTION / VOTE: No Council action was taken on this matter. K-2 "Presentation of Electric, Water, and Wastewater Utility First and Second Quarter (Fiscal Year 2007-08) Financial Reports" Electric Utility Director George Morrow provided a PowerPoint presentation regarding the quarterly electric utility financial reports. Specific topics of discussion included highlights, second quarter (Q2) projected and actual numbers, fiscal year 2008 budget, electric expenses by series, Q2 power supply, sales, weather, Q2 billing statistics, Northern California Power Agency (NCPA) general operating reserves, energy cost adjustment (ECA) billing statistics, open position, cash balance, and summary. Mayor Mounce requested copies of comparisons of ECA and tier levels that are utilized in other communities. Council Member Hitchcock stated that, while the Council has received similar documentation before, she would not mind looking at it again. Discussion ensued between Council Member Hitchcock and Mr. Morrow regarding electric expenses by series, the amounts listed for the mid -year budget, and actual expenses. Mr. Morrow stated they are currently approximately 20% under budget. In response to Council Member Hitchcock, Mr. Morrow stated the line item of other payments may include internal transfers of funds and charges to and from other departments. He stated the second half of the year may be higher on that type of internal adjustments. In response to Council Member Hitchcock, Mr. Morrow stated the non -power supply savings, which are generally personnel related costs, may increase by the end of the year. He stated that, while the savings may not be sustainable in the long run, it does provide short-term cost savings. In response to Council Member Hitchcock, Mr. Morrow stated that overall costs should be controllable by the end of the year. Discussion ensued between Mayor Mounce and Mr. Morrow regarding ECA usage, rate effect on residents who conserve, financial rating application, and comparisons regarding other communities who utilize the ECA and tiering system. 7 Continued February 20, 2008 In response to Council Member Hansen, Mr. Morrow confirmed the 4 to 1 ratio for ECA application. In response to Council Member Johnson, Mr. Morrow stated that the ECA was incorporated to temper larger increases over time. In response to Council Member Johnson, Mr. Morrow stated the Roseville money will be left in a reserve fund per Council policy. Mr. Morrow stated that, while the money remains under the City's control, the NCPA prefers to see that money located where it is for financial stability purposes on both the City and NCPA sides. In response to Council Member Katzakian, Mr. Morrow confirmed that the savings on the non -power side does not affect NCPA. Mr. Morrow provided a brief overview of the ECA and specifically discussed the lack of forecasting with an ECA, sharing with Seattle, the concept of electricity being used in the summer and returned in the winter, and the affect of the same on monthly billings. Discussion ensued between Council Member Hitchcock and Mr. Morrow regarding attendance at an American Public Power Agency conference to understand the ECA concept, the level of reserves with NCPA, and the need to build additional reserves and protect future investments. Mayor Mounce requested further clarification of the ECA concept and copies of comparables with other communities who utilize the ECA system. Mr. King stated staff will provide additional information as requested. RECESS At 9:05 p.m., Mayor Mounce called for a recess, and the City Council meeting reconvened at 9:16 p.m. K. REGULAR CALENDAR (Continued) K-2 Deputy City Manager Krueger provided a PowerPoint presentation regarding the quarterly (Cont'd.) water and wastewater financials. Specific topics of discussion included a summary of the water and wastewater funds, quarterly financials for both funds ending December 2007, and operating expenses by series for both funds. Discussion ensued between Council Member Hitchcock and Mr. Krueger regarding capital projects funded to other sources than Certificates of Participation, the status of improvements or projects that are not being completed or falling behind, and conservative projections of $28.5 million. In response to Mayor Mounce, Mr. King stated that, with respect to sewer and water replacement projects in the older parts of town, they are continuing to look at infrastructure improvements after the PCE/TCE settlements are taken care of and will be bringing the matter for Council consideration at an upcoming Shirtsleeve Session. Ann Cerney spoke of her concern regarding the in -lieu transfers. A brief discussion ensued between Ms. Cerney, Council Member Hitchcock, Council Member Johnson, and Mr. King regarding listing specific services for water and wastewater rates, transfers related to the electric rates and general funds, funding provided to shareholders for benefit of services, the possibility of increasing reserves, the formula for in -lieu transfers being based on services and not gross sales, and the cost of services study performed by Muni Financial related to said transfer. Continued February 20, 2008 In response to Council Member Hitchcock, Mr. Prima stated he does not have the specific numbers showing the savings and benefit associated with the electric utility as it relates to the water and wastewater funds. Mr. Prima stated they did have a savings from the White Slough improvements. Mayor Mounce requested information regarding the utility cost savings be provided to the Council along with the ECA documentation. MOTION / VOTE: No Council action was taken on this matter. K-3 "Adopt Resolution Amending Memorandum of Understanding between the City of Lodi and the International Brotherhood of Electric Workers for the Period January 1, 2008 through December 31, 2011" Deputy City Manager Krueger provided a brief overview of the proposed Memorandum of Understanding (MOU) as provided in the agenda packet. MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, adopted Resolution No. 2008-29 amending MOU between the City of Lodi and the International Brotherhood of Electric Workers for the period January 1, 2008 through December 31, 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 K-4 "Adopt Resolution Amending Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the Period November 6, 2007 through April 30, 2011" Deputy City Manager Krueger provided a brief overview of the proposed Memorandum of Understanding (MOU) as provided in the agenda packet. In response to Council Member Johnson, Mr. Krueger stated the enhanced retirement benefits was a part of the Council discussion and staff made it very clear to all the bargaining units that they are not making any changes to retirement benefits. Mr. Krueger stated similar language is not in the other MOUs. In response to Mayor Pro Tempore Hansen, Mr. Krueger stated the proposed MOU does not enhance the current retirement benefit and there is no discussion with any of the groups about doing the same. Council Member Hitchcock stated she cannot support the recommendation based on her concerns regarding the three-year term of the contract, the ability to pay increases, and the tie in to the salary surveys. Council Member Johnson stated he cannot support the recommendation because he does not recall having a discussion regarding enhanced retirement benefits. MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Mounce second, adopted Resolution No. 2008-30 amending MOU between the City of Lodi and the Lodi Police Dispatchers Association for the period November 6, 2007 through April 30, 2011. 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 9 Continued February 20, 2008 K-5 "Adopt Resolution Establishing Policy for the Ranking of Community Development Block Grant Applications" City Manager King briefly introduced the subject matter. Community Improvement Manager Joseph Wood provided a PowerPoint presentation regarding establishing a policy for the ranking of Community Development Block Grant (CDBG) applications. Specific topics of discussion included community-based organization application ranking system, scoring categories, Option A and example, Option B, miscellaneous issues to consider, and possible Council action regarding the same. In response to Council Member Hitchcock, Mr. Wood confirmed that applicants would still need to meet the general criteria discussed at the Shirtsleeve Session and provide supporting documentation. In response to Council Member Hitchcock, Mr. Wood stated the bonus points would allow brick and mortar projects to go above 100 points with a 20 point differential. Council Member Hitchcock stated she would like to see how the 20 points may make a difference on an application. In response to Council Member Hitchcock, Mr. Wood stated the biggest difference between Options A and B is that it may not consider the public service requests received this year. Mr. King provided an overview of the history of bringing about options for CDBG allocations and recommendations regarding the same. In response to Mayor Pro Tempore Hansen, Mr. Wood stated the Meals on Wheels program is a public service project. Discussion ensued between Mayor Pro Tempore Hansen, Mr. Wood, and Mr. King regarding limiting the ability to assist worthy public service projects, awareness of affected organizations of the policy change, contact with organizations since the Shirtsleeve Session, and limitations on administrative support service requests. In response to Council Member Johnson, Mr. Wood stated the applications have yet to be graded; although, under Option B, fi\e applications may be bumped. Council Member Johnson suggested utilizing the original recommendation as proposed a few weeks earlier for the current year. Council Member Hitchcock stated she could support the same and suggested revising the criteria before next year to include the 40% allocation, with Option B, and sticking with capital improvement projects. Salvation Army Lt. Dan Williams stated the Salvation Army projects have always been brick and mortar; although, there may be a need for other projects. He agreed that additional changes other than the 60-40 split should be incorporated in future years and not the current year. Mr. King stated staff will allocate the funding as requested predicated on the list submitted by Community Development a few weeks ago. MOTION / VOTE: The City Council, on motion of Council Member Johnson, Hansen second, unanimously supported the original staff recommendation as proposed at the previous Council meeting at which the item was discussed based on a straight 60-40 split for the current year. K-6 "Presentation and Recommendation Regarding Allowance of Parking of Class A Light Duty Tow Trucks, Which are on the Lodi Police Rotational Tow List, in Residential Areas in Advance of a Proposed Ordinance" City Manager King briefly introduced the subject matter. 10 Continued February 20, 2008 Interim Police Chief David Main provided an overview of the possible parking of Class A Light Duty Tow Trucks, Wiich are on the Lodi Police rotational tow list, in residential areas. Specific topics of discussion included general background, standard rotational requests, problems, and staff recommendation regarding ordinance changes for the same. In response to Council Member Hitchcock, Chief Main stated that, while the response times do not appear to be a problem, the department will occasionally receive complaints from citizens about tow trucks being parked on the street. In response to Council Member Hitchcock, Chief Main stated that, while the drivers may have the ability to park outside of the tow yard for a quicker response, they may not want to do the same for safety and theft reasons. In response to Mayor Pro Tempore Hansen, Chief Main confirmed that the proposed policy would be effective 24 hours a day. In response to Council Member Johnson, Chief Main stated staff can meet with the tow companies to come up with a compromise regarding rotating tow trucks so that a truck is not parked in a single location for an extended period of time. In response to Council Member Katzakian, Mr. King stated staff can look into having some sort of an on-call rotational list. In response to Council Member Johnson, Chief Main stated resident tows are much more frequent than larger recreational vehicle tows. Council Member Hitchcock stated she does not see a current need for the policy at night and the tow truck yards are open during the day. In response to Mayor Mounce, Chief Main stated the current policy has not been actively enforced and they have received a single complaint. He stated staff can come up with a solution contractually with the tow companies. In response to Mayor Pro Tempore Hansen, Chief Main stated currently there may be between four and six trucks parked on the streets. Mr. King stated staff will continue to look into internal options to address the matter. MOTION / VOTE: No Council action was taken on this matter. K-7 "Approve Expenses Incurred by Outside Counsel/Consultants Relative to the Environmental Abatement Program Litigation and Various Other Cases being Handled by Outside Counsel ($30,510.66)" In response to Council Member Hitchcock, City Attorney Schwabauer stated the Benchmark Video and Bridge City costs are related to depositions. MOTION / VOTE: The City Council, on motion of Council Member Hitchcock, 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 $30,510.66, as detailed below: Folger Levin & Kahn - Invoices Distribution Matter Invoice Water Acct. No. No. Date Description Amount 8002 106606 12/31/07 City v. M & P Investments $ 12.558.10 Total $ 12,558.10 11 Continued February 20, 2008 JAMS Mediation Services 0001398647-110 1/31/2008 1.650.00 L. ORDINANCES None. Water Acct. Amount State of Calif. v. M&P Investments $ Total $ 1,650.00 M. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 10:51 p.m. ATTEST: Randi Johl City Clerk 12 Kronick Moskovitz Tiedemann & Girard - Invoices Distribution Matter No. Invoice No. Date Description 100351.7323 11233.026 236856 01/25/08 Lodi First v. City of Lodi $ 4,139.49 11233.029 236856 01/25/08 AT&T v. City of Lodi $ 397.80 11233.030 236856 01/25/08 Water Supply Issues $ 1.128.00 Total $ 5,665.29 MISCELLANEOUS Invoice Water Acct. No. Date Description Amount 71185 11/01/2007 Bridge City Legal $ 2,391.38 71332 12/01/2007 Bridge City Legal $ 1,699.40 105018 12/01/2007 San Francisco Legal $ 615.57 880001 12/01/2007 Harry A. Cannon $ 1,629.09 831 12/01/2007 Benchmark Video $ 1,059.25 880801 01/01/2008 Harry A. Cannon $ 1,932.08 839 12/01/2007 Benchmark Video $ 1.310.50 Total $ 10,637.27 JAMS Mediation Services 0001398647-110 1/31/2008 1.650.00 L. ORDINANCES None. Water Acct. Amount State of Calif. v. M&P Investments $ Total $ 1,650.00 M. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 10:51 p.m. ATTEST: Randi Johl City Clerk 12