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HomeMy WebLinkAboutMinutes - March 19, 2008LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, MARCH 19, 2008 C-1 CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of March 19, 2008, was called to order by Mayor Mounce at 5:15 p.m. Present: Council Members — Hansen, Hitchcock, Johnson, Katzakian [except C-2 (b)], and Mayor Mounce Absent: Council Members — None Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl a) Actual Litigation: Government Code §54956.9(a); One Case; Guptil v. City of Lodi, et al.. and Related Cross -Complaint. Darlene Heil v. City of Lodi, San Joaquin County Superior Court, Case No. CV029725 b) 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 C) Prospective Sale of Real Property Located at 500 S. Guild Avenue, Lodi, CA (APN 049-250-61); the Negotiating Parties are City of Lodi and GG Land Group LLC.; Government Code §54956.8 d) 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 e) Actual Litigation: Government Code §54956.9(a); One Case; City of Lodi, et al. v. EBMUD, State Water Resources Control Board, Application No. 13156 C-3 ADJOURN TO CLOSED SESSION At 5:15 p.m., Mayor Mounce adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:25 p.m. C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION At 7:01 p.m., Mayor Mounce reconvened the City Council meeting, and City Attorney Schwabauer disclosed the following actions. In regard to Item C-2 (a), settlement was unanimously approved for $7,500, one half of a $15,000 collective settlement, for a trip and fall occurrence. In regard to Item C-2 (b), discussion was had and direction was given. In regard to Item C-2 (c), negotiating direction was given for the sale of the land. A contract will be brought back for Council consideration at the next regularly scheduled Council meeting. In regard to Items C-2 (d) and C-2 (e), discussion was had and direction was given. A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of March 19, 2008, was called to order by Mayor Mounce at 7:01 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 Continued March 19, 2008 B. INVOCATION The invocation was given by Barbara Taylor, Lodi Police Chaplain. C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Mounce. D. AWARDS / PROCLAMATIONS / PRESENTATIONS D-1 (a) Following introductory comments by Community Improvement Manager Joseph Wood, Mayor Mounce presented the Community Improvement Award to Crystal Kirst, developer of the properties at 501 Maple, 503 Maple, and 740 S. Garfield, for her accomplishment in improving that neighborhood. D-2 (a) Following introductory comments by Community Improvement Manager Joseph Wood, Mayor Mounce presented a proclamation to Jennelle Bechtold with Waste Management proclaiming the month of April 2008 as "Keep Lodi Beautiful Month" in the City of Lodi. In addition, Ms. Bechtold presented the Mayor with a Great American Cleanup Showcase Award on behalf of Keep California Beautiful, Inc. and Waste Management in the amount of $5,000 in recognition of the City's clean up activities. D-3 (a) Mayor Mounce accepted a ceremonial check in the amount of $264,000 from Congressman McNerney for community projects. D-3 (b) Following introductory comments by Interim Parks and Recreation Director Steve Dutra, Mayor Mounce presented the Outstanding Parks and Recreation Special Honorary Award from California Association of Commissioners and Board Members to Kathy Grant. 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: E-1 Claims were approved in the amount of $6,360,425.15. E-2 The minutes of March 4, 2008 (Shirtsleeve Session), March 11, 2008 (Shirtsleeve Session), and March 11, 2008 (Special Meeting) were approved as written. E-3 Approved the plans and specifications and authorized advertisement for bids for site improvements at Lodi Lake Park, 1101 West Turner Road. E-4 Approved the specifications and authorized advertisement for bids to procure polemount and padmount transformers for the Electric Utility Department. E-5 Approved the specifications and authorized advertisement for bids for a 55' material handling bucket truck (replacement) and appropriated funds in the amount of $190,000. E-6 Approved the specifications and authorized advertisement for bids for aurb, gutter, and sidewalk replacement annual contract for fiscal year 2008-09. E-7 Adopted Resolution No. 2008-42 approving the Fee Payment Agreement for 1343 East Kettleman Lane (Tuscany Comfort Suites) and authorizing the City Manager to execute the agreement on behalf of the City. W Continued March 19, 2008 E-8 Adopted Resolution No. 2008-43 approving the Improvement Agreement for Public Improvements of 1337 East Kettleman Lane (APN 049-250-87) (Plummer) and authorizing the City Manager to execute the agreement on behalf of the City. E-9 Authorized the City Manager to renew revised Memorandum of Understanding with People Assisting the Lodi Shelter and to retain the temporary building moved to the Lodi Animal Shelter. E-10 Adopted Resolution No. 2008-44 authorizing destruction of certain Citywide ecords in accordance with the Government Code and the City's Records Management Policy. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS 00 Dave Hinchman spoke in opposition to redevelopment based on concerns regarding debt obligations, the lack of an official endorsement by the Lodi Unified School District, the need for additional public outreach meetings, Planning Commission and Budget Committee involvement, and the lack of City Council meetings on the subject matter. oo Cynthia Neely spoke in opposition to the Iraq War and requested that the City Council support a resolution opposing the same based on concerns regarding the loss of life and economic costs. Ms. Neely also submitted several speaker cards in favor of her position of individuals who were in support of the resolution, but chose not to speak. oo Ann Cerney spoke in opposition to the Iraq War and read the resolution opposing the same. 00 Eileen St. Yves spoke in favor of and encouraged citizen participation in the U.S. Census dress rehearsal for San Joaquin County. oo Wayne Knauf spoke in opposition to redevelopment based on concerns regarding the size of the project area. G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS oo Council Member Johnson requested that staff compile a list of meetings, newsletters, and/or articles where redevelopment was discussed. 00 Mayor Pro Tempore Hansen requested that the City Council meeting be adjourned in memory of Jim Areida. He also reported on his attendance at he San Joaquin Council of Governments executive meeting and specifically discussed Proposition 1 B funding, funding recommendation for vehicles, funding requests for the Lodi Unified School District, traffic corridor funding for the Stockton Port for approximately $17.5 million, Measure K funds making up the difference at $35 million, and the possible affect on other projects as a result. 00 Mayor Mounce stated she received some citizen concerns regarding mistletoe in trees, thanked staff for addressing concerns regarding the Animal Shelter at the Shirtsleeve Session, and expressed concerns regarding redevelopment meeting attendance and public outreach. H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS co City Manager King stated redevelopment does not have a bond issuance obligation and the Council to date has not considered a related bond issuance. Mr. King also stated that a majority of municipalities do have redevelopment agencies, the school district has not officially endorsed redevelopment although there have been preliminary discussion regarding the same, and public meetings are an ongoing effort with a willingness to do the best job possible in reaching as many people as possible. Continued March 19, 2008 I. 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 Mounce called for the public hearing to consider resolution approving new rates for solid waste collection. City Manager King briefly introduced the subject matter of new rates for solid waste collection. Public Works Director Prima provided an overview of the existing franchise agreement, proposed rate adjustment based on Consumer Price Index and increases in land fill and fuel costs, the proposed 3.5% increase, and the need for the increase to help maintain current service levels. Hearing Ooened to the Public None. Public Portion of Hearing Closed Mayor Mounce, Mayor Pro Tempore Hansen, and Council Member Hitchcock stated they were all in favor of the reasonable smaller increases over time in lieu of a larger one-time increase. MOTION / VOTE: The City Council, on motion of Council Member Hitchcock, Hansen second, unanimously adopted Resolution No. 2008-45 approving new rates for solid waste collection. J. COMMUNICATIONS J-1 Claims Filed Against the City of Lodi — None J-2 The following postings/appointments were made: a) The City Council discussed and provided direction regarding the recommended appointments to the Greater Lodi Area Youth Commission (Adult Advisor), Lodi Budget/Finance Committee, Lodi Improvement Committee, and Senior Citizens Commission as shown below. MOTION #1 / VOTE: The City Council, on motion of Council Member Johnson, Hansen second, unanimously made the following appointment: Greater Lodi Area Youth Commission Adult Advisor. Richard Jones, LUSD rep. Term to expire May 31, 2011 In regard to the Lodi Budget/Finance Committee, Council Member Johnson expressed concerns regarding the qualifications of the applicant, the lack of applications received for the position, the experience of non -selected applicants, and the need to repost for the vacancy. Mayor Mounce expressed support for the applicant, stating it takes a wide variety of people from different backgrounds to contribute to the Committee. Council Member Hitchcock concurred with the concerns expressed by Mr. Johnson regarding qualifications; however, she stated she would support the nomination because no other applications were received. al Continued March 19, 2008 K Mayor Pro Tempore Hansen thanked Frank Alegre for his service on the Committee, stated he will not support the appointment, and requested the position be re -posted. John Johnson stated he is neither supporting nor opposing the appointment of the applicant to the Committee. He stated the Committee does not delve into numbers to the extent where an applicant needs to be experienced in budget and finance matters. He stated the Committee previously made general recommendations, which do not include specific numbers. MOTION #2 / VOTE: Mayor Mounce made a motion, Hitchcock second, to appoint Jane Lea to the Lodi Budget/Finance Committee. The motion failed by the following vote: Ayes: Council Members — Hitchcock and Mayor Mounce Noes: Council Members — Hansen, Johnson, and Katzakian Absent: Council Members — None The City Council further provided direction to re -post for the one vacancy on the Lodi Budget/Finance Committee, which term is due to expire June 30, 2009. MOTION #3 / VOTE: The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously made the following appointments: Lodi Improvement Committee Reyes Jaramillo Rosie Ortiz Virginia Snyder Term to expire March 1, 2011 Term to expire March 1, 2011 Term to expire March 1, 2011 MOTION #4 / VOTE: The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously made the following appointment: Senior Citizens Commission Suzanne Schultz Term to expire December 31, 2012 J-3 Miscellaneous — None REGULAR CALENDAR K-1 "Direct the City Manager to Prepare and Send Letter to the San Joaquin Council of Governments on the Draft Methodology for the Regional Housing Needs Allocation Process" City Manager King and Community Development Director Randy Hatch provided a brief introduction of the subject matter of the Regional Housing Needs Allocation (RHNA). Community Improvement Manager Joseph Wood provided a PowerPoint presentation regarding the RHNA process. Specific topics of discussion included follow-up to the Shirtsleeve Session, purpose and process, statutory objectives, RHNA Development Committee, controversial nature of process, mandated schedule, County RHNA, draft methodology, miscellaneous RHNA factors, incentives for housing element compliance, preliminary numbers from draft methodology, next steps in process, responses, and final comments to recommendations. 5 Continued March 19, 2008 In response to Council Member Hitchcock, San Joaquin Council of Governments (SJCOG) Senior Regional Planner Mike Swearingen stated that, in light of the comments received by the City previously, they were able to move in a positive direction by creating a method to individualize jobs and population ratios. Mr. Swearingen then reviewed the revised numbers set forth in the methodology chart. Mr. King stated the numbers are yet to be approved by the SJCOG Board, it is better to weight numbers towards population and housing for better compliance with RHNA numbers, considerations must also be given for State funding and land application to the General Plan, and staff is recommending that these general comments be provided to staff at SJCOG. In response to Mayor Pro Tempore Hansen, Mr. Swearingen stated the new numbers will be presented to the Steering Committee and the new data is more accurate than the previous numbers because the information is from 2006 rather than 1999. In response to Council Member Hitchcock, Mr. Hatch stated the numbers are somewhat unreasonable because even if the City made all of its future development based on the 2% growth affordable, it would still not be sufficient to comply with the RHNA numbers, a situation which is common to other communities as well. He also stated the very low numbers are 50% of the area median of $60,000, as translated to rental and purchase prices. MOTION / VOTE: The City Council, on motion of Council Member Johnson, Katzakian second, unanimously directed the City Manager to prepare and send a letter to the San Joaquin Council of Governments on the draft methodology for the RHNA process. RECESS At 8:55 p.m., Mayor Mounce called for a recess, and the City Council meeting reconvened at 9:08 p.m. K. REGULAR CALENDAR (Continued) K-2 "Adopt Resolution Requesting San Joaquin County Board of Supervisors Establish a Five Mile Per Hour Speed Limit on the Mokelumne River from the Woodbridge Dam to Guild Avenue" City Manager King provided a brief overview of the history and current status of Pig's Lake, related erosion, and the proposed speed limit restrictions as set forth in the staff report. Mayor Pro Tempore Hansen suggested staff look into partnering efforts with the Army Corps of Engineers with respect to erosion efforts. Mayor Mounce suggested partnering with the County for enforcement and maintenance efforts of the Lake. Council Member Hitchcock suggested immediate action because the erosion may continue to become worse while the City awaits relief from other agencies. Dale Taylor spoke in opposition to the five mile per hour (mph) proposed speed limit based on his concerns that the restriction is not limited but instead for an indefinite period of time. Tony Alegre spoke in opposition to the five mph proposed speed limit based on his concerns that the heavy flood seasons create the majority of the erosion and the proposed speed limit will have a minor effect on the same. Dean Shibler spoke in opposition to the five mph proposed speed limit based on his concerns regarding the water condition of the Lake and needed bank restorations. He also suggested working with the Woodbridge Irrigation District (WID) and the Department of Fish and Game. In response to Mayor Pro Tempore Hansen, Mr. chibler stated high winds impact erosion and that properly placed vegetation, instead of speed restrictions, will help with the wave action. Con Continued March 19, 2008 In response to Mayor Pro Tempore Hansen, Mr. Prima stated the WID obtained a permit from the State last year and the real test for moderating water levels will be next year. Dana Smith spoke in opposition to the five mph proposed speed limit based on her concerns that the slow speed will cause greater waves and the matter pertaining to Knight's Lake should be revisited. Mark Newfield spoke in opposition to the five mph proposed speed limit based on his concerns as indicated by previous speakers and the lack of enforcement efforts by the Sheriffs Department and County. Robert Raingruber spoke in opposition to the five mph proposed speed limit based on his concerns regarding ongoing erosion and natural habitats. In response to Mayor Mounce, Mr. Raingruber confirmed that he resided in the area. Alan Maclsaac spoke in opposition to the five mph proposed speed limit based on his concerns regarding the resulting wave action. Dave Vaccarezza spoke in opposition to the five mph proposed speed limit based on his concerns regarding WID water levels and urged working together with other agencies to save the Lake. Pat Stockar spoke in opposition to the five mph proposed speed limit based on his concerns regarding the need to work together with relevant agencies to invest money into the problem for a long-term solution. Mary Dils spoke in support of the five mph proposed speed limit, stating it is needed for safety reasons. Frank Alegre spoke in opposition to the five mph proposed speed limit based on his concerns regarding notification of the meeting, the lack of boats in the area, and the need for a traffic study. He suggested shoring the Lake with rip rap to prevent erosion. Discussion ensued between Council Member Johnson, Council Member Hitchcock, Mr. Alegre, and Mr. Stockar regarding the possibility of reinforcing the riverbank with rip rap, rocks, or concrete, the costs associated with each, and the availability of assistance from other agencies through grants and emergency permits. In response to Mayor Pro Tempore Hansen, Mr. Prima confirmed there are examples of differing sizes of rip rap along the river by the Rio Vista Bridge when traveling east. George Fink spoke in opposition to the five mph proposed speed limit based on his concerns regarding the need for additional public hearing and outreach, and the wind action and weight of boats being a minor consideration in the report. In response to Mayor Pro Tempore Hansen, Mr. Prima stated staff will look into his suggestions regarding partnering with the County, Bureau of Reclamation, Congress representatives, and other agencies. Dean Shibler suggested staff look into the 2005 emergency permits that were granted to the City to see if the permit scope applies to making possible improvements at the Lake and to see if the permits can be extended. Council Member Johnson stated that, if a letter is sent to the County, it should reference enforcement efforts. Discussion ensued between Council Member Hitchcock and Mr. King regarding the ability to take action quickly, 1601 permits from the Fish and Game Department, alteration requirements, California Environmental Quality Act review, the lack of sympathy to natural erosion, tension between agencies on how to handle alterations, and the inability to predict costs until the consultants submit their findings in the final report. 7 Continued March 19, 2008 Council Member Katzakian suggested making rip rap repairs as was done at the Woodbridge Country Club. In response to Council Member Hitchcock, Mr. Prima stated he is not sure if regulating the speed limit to five mph in a specific area will help because the findings in the report are not quantified. In response to Mayor Pro Tempore Hansen, Mr. Prima stated staff is meeting with the consultant next week, the site has already been walked, and the work will commence the following week. He stated they will continue to work on obtaining input and assistance from the community, Department of Fish and Game, Army Corps of Engineers, and other agencies. The City Council designated Mayor Pro Tempore Hansen and Council Member Johnson to work with the County to combine resources and strategies regarding this matter. Mr. King confirmed that a letter will not be sent and staff will continue to work with staff from other agencies on the matter. MOTION / VOTE: There was no Council action taken on this matter. K-3 "Introduce Ordinance Repealing Ordinance No. 847 an Ordinance Adopting a Specific Plan for Lower Sacramento Road from West Lodi Avenue to West Turner Road to Allow a New Driveway" City Manager King provided a brief introduction of the request from F&M Bank pertaining to the proposed ordinance. Public Works Director Prima provided an overview of the ordinance adopting the specific plan for Lower Sacramento Road from West Lodi Avenue to West Turner Road to allow a new driveway and specifically discussed the property layout and need for access. In response to Council Member Hitchcock, Mr. Prima stated that, if built with one road, there would be a long single roadway for both egress and ingress out of the complex and emergency access may or may not prove to be challenging. In response to Mayor Pro Tempore Hansen, Mr. Prima stated the speed conditions near the intersection will remain the same. In response to Council Member Johnson, Mr. Prima stated the telephone company will continue as it is currently. In response to Council Member Johnson, Mr. Prima stated the distance to Elm Street is fairly reasonable. He stated the original plan was designed to provide well-designed access that is limited and properly spaced. Steve Haley, Chief Financial Officer of F&M Bank, stated the property is zoned with some flexibility, is best suited for residential use, and per the architects' needs has two access points for safety and traffic flow reasons. Discussion ensued between Mr. Haley and Mayor Pro Tempore Hansen regarding the property being located in the flood zone according to the new County maps, the likelihood that the property will be removed from said flood plain, and looking at alternatives such as raised foundations in the event that is not removed. Council Member Hitchcock stated she will not support the recommendation because the original plan was done well and there does not appear to be a reason to change it. Continued March 19, 2008 MOTION / VOTE: The City Council, on motion of Council Member Johnson, Mounce second, introduced Ordinance No. 1809 repealing Ordinance No. 847 an ordinance adopting a Specific Plan for Lower Sacramento Road from West Lodi Avenue to West Turner Road to allow an additional access point between Turner Road and Tejon Street to allow a new driveway on the west side of Lower Sacramento Road, approximately 450 feet south of Turner Road. 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 City Mid -Management Association for the Period of January 1, 2008 through December 31, 2009" City Manager King provided a brief aerview of the provisions of the amended Memorandum of Understanding. He specifically discussed clarifying language with reference to the general fund and the term, stating that upon expiration of the agreement there will be no changes in benefits until a successor agreement becomes effective. Council Member Hitchcock requested a grid or similar document outlining the different labor groups and when and what happens with respect to salary increases as stated in the terms of the various agreements. In response to Council Member Hitchcock, Deputy City Manager Krueger stated the term of the proposed agreement is January 2008 through December 2009. MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Katzakian second, unanimously adopted Resolution No. 2008-46 amending Memorandum of Understanding between the City of Lodi and the Lodi City Mid -Management Association for the period of January 1, 2008 through December 31, 2009. K-5 "Consideration of Council Member Salaries as Requested by Council Member Johnson" Council Member Johnson provided an overview of the time commitment and dedication that is needed for the City Council to attend Shirtsleeve Sessions, City Council meetings, other agency meetings, and meeting and speaking with citizens to address matters pertaining to the City. Mr. Johnson proposed a $360 salary adjustment based on the Consumer Price Index for a new monthly salary of $860. Council Member Hitchcock stated she would support the matter based on the comments made by Council Member Johnson and suggested that expenses be covered in light of the number of functions that require attendance. She stated the entire increase for the City Council amounts to less than $10,000 per year. Mayor Pro Tempore Hansen stated he will support the matter, there is an obligation to be with the public, and a slightly higher salary may encourage others to get involved. Mayor Mounce stated she will not support the recommendation because the salary appears to be comparable to other communities. 9 Continued March 19, 2008 MOTION / VOTE: The City Council, on motion of Council Member Johnson, Hansen second, increased the City Council salary from $500 per month to $860 per month, not to become effective until the next general municipal election of November 2008, as set forth in the Government Code. The motion carried by the following vote: Ayes: Council Members — Hitchcock, Hansen, Johnson, and Katzakian Noes: Council Members — Mounce Absent: Council Members — None VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING The City Council, on motion of Council Member Hitchcock, Johnson second, unanimously voted to continue with the remainder of the meeting following the 11:00 p.m. hour. K. REGULAR CALENDAR (Continued) K-6 "Approve Expenses Incurred by Outside Counsel/Consultants Relative to the Environmental Abatement Program Litigation and Various Other Cases being Handled by Outside Counsel ($27,829.87)" MOTION / VOTE: The City Council, on motion of Mayor Pro Tempore Hansen, Mounce 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 $27,829.87, as detailed below: Folger Levin & Kahn — Invoices Distribution Matter Invoice Water Acct. No. No. Date Description Amount 8002 106968 01/31/08 People v. M & P Investments $ 2,636.97 Kronick Moskovitz Tiedemann & Girard — Invoices Distribution Matter No. Invoice No. Date Description 100351.7323 11233.026 237517 02/25/08 Lodi First v. City of Lodi $ 15,358.75 11233.029 237517 02/25/08 AT&T v. City of Lodi $ 67.50 Total $ 15,426.25 MISCELLANEOUS Water Acct. Invoice No. Date Description Amount 20076116 1/11/2008 Legalink, Inc. $ 1,287.00 20075677 1/25/2008 Legalink, Inc. $ 1,370.00 20075350 1/25/2008 Legalink, Inc. $ 2,394.80 20075753 1/30/2008 Legalink, Inc. $ 1,455.00 20076264 1/30/2008 Legalink, Inc. $ 1,742.35 20076208 2/12/2008 Legalink, Inc. $ 1,517.50 Total $ 9,766.65 L. ORDINANCES None M. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 11:16 p.m., in memory of Jim Areida. ATTEST: Randi Johl City Clerk 10