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HomeMy WebLinkAboutMinutes - July 2, 2008LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JULY 2, 2008 C-1 Call to Order / Roll Call The City Council Closed Session meeting of July 2, 2008, was called to order by Mayor Mounce at 5:45 p.m. Present: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Absent: Council Members - Hitchcock Also Present: City Manager King, Deputy City Attorney Magdich, and City Clerk Johl C-2 Announcement of rinsed Session a) Conference with Dean Gualco, Human Resources Manager (Labor Negotiator). Regardin Lodi Police Dispatchers Association, Fire Mid -Managers. and Association of Lodi City Emplovees Reaardina General Services and Maintenance & Operators Pursuant to C-3 Admotirn to Closed Sessinn At 5:45 p.m., Mayor Mounce adjourned the meeting to a Closed Session to discuss the above matter. The Closed Session adjourned at 6:40 p.m. C-4 Return to Open Session / Disclosure of Action At 7:03 p.m., Mayor Mounce reconvened the City Council meeting, and Deputy City Attorney Magdich disclosed the following actions. Item C-2 (a) was discussion only. A. Call to Order / Roll call The Regular City Council meeting of July 2, 2008, was called to order by Mayor Mounce at 7:03 p.m. Present: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Absent: Council Members - Hitchcock Also Present: City Manager King, Deputy City Attorney Magdich, and City Clerk Johl B. Invocation - Associate Pastor Marianne Weethee. Heartland Community Church C. Pledae of Alleaiance D. Presentations D-1 Awards - None D-2 Proclamations Continued July 2, 2008 a) Parks and Rerreatinn Month (PR) Mayor Mounce presented a proclamation to Steve Dutra, Interim Parks and Recreation Director, proclaiming the month of July 2008 as "Parks and Recreation Month" in the City of Lodi. b) Healthy Air Livina Week Mayor Mounce presented a proclamation to John Cadrett, representing the San Joaquin Valley Unified Air Pollution Control District, proclaiming the week of July 7 — 13, 2008, as "Healthy Air Living Week" in the City of Lodi. D-3 Presentations A presentation was made to Deputy City Manager Jim Krueger for his dedicated service to the City and its residents on the occassion of his leaving the City's employment. E. Consent Calendar (Reading: Comments by the Public: Council Action) In accordance with the report and recommendation of the City Manager, Council, on motion of Council Member Johnson, second by Council Member Katzakian, approved the following items hereinafter set forth, except those otherwise noted. The motion carried by the vote below: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock E-1 Receive Reaister of Claims in the Amount of $3.165.740.04 (FIN) Claims were approved in the amount of $3,165,740.04. E-2 Anprovp Minutes (('LK) Approved the minutes of the following meetings: May 14, 2008 Special Meeting, June 17, 2008 Shirtsleeve Session, June 18, 2008 Regular Meeting, and June 24, 2008 Shirtsleeve Session. E-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Heating Ventilation. and Air Conditionina Installation Project for Lodi Public Library (PW) Approved the plans and specifications and authorized advertisement for bids for heating, ventilation, and air conditioning installation project for Lodi Public Library. E-4 Adopt Resolution Authorizing the City Manager to Negotiate Purchase of Fnerav Management System for Lodi Public Library through Snip Supplier L & H Airco of Roseville (PW) Adopted Resolution No. 2008-121 authorizing the City Manager to negotiate purchase of Energy Management System for Lodi Public Library through sole supplier L & H Airco, of Roseville, for the estimated amount of $100,000 to $120,000. E-5 Adopt Resolution Approving Purchase Order to niede Construction for Gateway Repair Work, 233 South Schnnl Street (PW) Adopted Resolution No. 2008-122 approving the purchase order to Diede Construction for Gateway Repair Work, 233 South School Street. 2 Continued July 2, 2008 X Adopted Resolution No. 2008-123 awarding the contract for Asphalt Rubber Cape Seal, Various Streets, 2008 to International Surfacing Systems, of Modesto, in the amount of $1,059,660. E-7 Adopt Resolution Approving Contract with Lodi Unified School District and the City of Lodi Parks and Recreation Department to Provide After School Staff Support for the Bridge Proaram at Eiaht Locations durina Fiscal Year 2008-2009 ($335.640) (PR) Adopted Resolution No. 2008-124 approving the contract with Lodi Unified School District and the City of Lodi Parks and Recreation Department to provide after school staff support for the Bridge Program at eight locations during fiscal year 2008-09 in the amount of $335,640. E-8 Adopt Resolution Authorizing the City Manager to Execute an Agreement with Macias. Gini & O'Connell LLP to Audit the City's Financial Records for the Next Five Years Beginning Fiscal Year Endina June 30. 2008 (CM) This item was pulled for further discussion by Mayor Pro Tempore Hansen. City Manager King briefly introduced the subject matter, stating the recommendation is to approve a five-year agreement with Macias, Gini & O'Connell LLP to be the City's outside auditors. In response to Mayor Pro Tempore Hansen, Deputy City Manager Krueger stated the current contract that is expiring also has a five-year term. In response to Mayor Pro Tempore Hansen, Mr. Krueger stated staff is satisfied that, based on the proposals received and the current firm's implementation of professional accounting standards to address complacency concerns, the proposed firm will be able to provide a fresh look and perform well. In response to Mayor Pro Tempore Hansen, Mr. Krueger stated invitations were sent to five firms and out of the three proposals received the proposed firm provided the best proposal and addressed concerns. Mayor Pro Tempore Hansen made a motion, second by Mayor Mounce, to adopt Resolution No. 2008-132 authorizing the City Manager to execute an agreement with Macias, Gini & O'Connell LLP to audit the City's financial records for the next five years beginning fiscal year ending June 30, 2008. The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock E-9 Adopt Resolution Authorizing the Public Works Director, City Engineer. or Senior Civil Engineer to Execute Subdivision and Parcel Maps and Accept Dedications on Parcel Malts 412m a. Adopted Resolution No. 2008-125 authorizing the Public Works Director, City Engineer, or Senior Civil Engineer to execute subdivision and parcel maps and accept dedications on parcel maps. Continued July 2, 2008 E-10 Adopted Resolution No. 2008-126 amending the Memorandum of Understanding with the Lodi Police Mid -Management Organization for the period July 1, 2007 to September 30, 2011. E-11 Adopt Resolution Amending the Memorandum of Understanding with the Lodi Professional Firefiahters for the Period July 1. 2007 to March 31. 2009 (CM) Adopted Resolution No. 2008-127 amending the Memorandum of Understanding with the Lodi Professional Firefighters for the period July 1, 2007 to March 31, 2009. E-12 Adopt Resolution Approving Special Fares for Salvation Army Use of Transit Services in Accordance with Transit Fare Policy for Fiscal Year 2008-09 (PW) Adopted Resolution No. 2008-128 approving special fares for Salvation Army use of transit services in accordance with Transit Fare Policy for fiscal year 2008-09. E-13 Adopt Resolution Authorizing Charter Service for the Listed Annual Events in Accordance with Charter Policy (PW) Adopted Resolution No. 2008-129 authorizing charter service for the listed annual events in accordance with Charter Policy. K-4 Adopt Resolution Authorizing the City Manager to Execute Master Agreement and Task Order No. 1 of the Harney Lane Widening Project with Mark Thomas and Company, Inc.. of Sacramento ($410.394): Appropriating Funds ($500.000): and Authorizing the City Manager to Execute Cooperative Agreement with San Joaquin Council of Governments for Fundina of Task Order No. 1 and Associated Staff Costs (PW) This matter was acted upon as a part of the Consent Calendar. Adopted Resolution No. 2008-130 authorizing the City Manager to execute Master Agreement and Task Order No. 1 of the Harney Lane Widening Project with Mark Thomas and Company, Inc., of Sacramento, in the amount of $410,394; appropriating funds in the amount of $500,000; and authorizing the City Manager to execute Cooperative Agreement with San Joaquin Council of Governments for funding of Task Order No. 1 and associated staff costs. K-8 Consideratinn of n Resolution Opposing the Delta Vision Blue Rihhnn Task Fnrce Rerommendations for the Sarramento-San Jnaaiiin River Delta at the Request of the San Jnaouin County Board of Supervisors This matter was acted upon as a part of the Consent Calendar. Adopted Resolution No. 2008-131 opposing the Delta Vision Blue Ribbon Task Force recommendations for the Sacramento -San Joaquin River Delta at the request of the San Joaquin County Board of Supervisors. K-9 Consideration of Letter of Onnnsition to Assemhly Bill 2716 (Ma) with Resnect to Paid Sick This matter was acted upon as a part of the Consent Calendar. Approved letter of opposition to Assembly Bill 2716 (Ma) with respect to paid sick days at the 2 Continued July 2, 2008 request of the League of California Cities. F. action on a non -agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954.2 in that (a) there is an emergency situation. or (b) the need to take action on the item arose subsequent to the agenda's being posted. Unless the City Council is presented with this factual evidence. the City Council will refer the matter for review and placement on a future City Council agenda_ Dale Edwards, representing Lodi Rotary and the World of Wonders Science Museum, invited the City Council and public to the 4th of July event to be held at Lodi Lake. G. Comments by the Citv Council Members on Non-Aaenda Item Mayor Pro Tempore Hansen reported on his attendance at a meeting regarding Delta College and the Lodi Campus, a San Joaquin Council of Governments meeting where Measure K funding for the Grape Line and Highway 12 funding was discussed, and a Northern California Power Agency meeting where the final approval for the new energy plant was discussed. He also expressed his concern regarding the old Carrow's restaurant site. Mayor Mounce wished the citizens a Happy 4th of July. H. Comments by the Citv Manaaer on Non-Aaenda Items City Manager King reported that the Electric Utility received a ratings upgrade to BBB+ with a positive outlook from Fitch. Mr. King also commended Mr. Krueger on his service to the City and wished him well as he leaves the City's employment. I. Puhlic Hearings - None J. Communications J-1 Claims Filed Aaainst the City of Lodi - None J-2 Appointments a) Appointment to the Lodi Arts Cnmmissinn- Laura Heinitz (CLK) Mayor Pro Tempore Hansen made a motion, second by Council Member Johnson, to approve the following appointment. The motion carried by the vote below: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock Lodi Arts Commission Laura Heinitz, Term to expire July 1, 2010 J-3 Miscellaneous - Nnne K. Reaular Calendar 5 Continued July 2, 2008 K-1 and Lodi Public Improvement Corporation City Manager King provided a brief introduction and overview of the proposed change in the Certificates of Participation going from a variable to a fixed rate and the proposed termination of the 2002 Electric Utility Swap. Eileen Gallagher, representing Stone and Youngberg, provided a PowerPoint presentation regarding the Certificates of Participation, Series 2008A. Specific topics of discussion included the proposed financing, security, rating upgrades, bond insurance, interest rate trends, financing details, approvals requested, and the next steps. In response to Mayor Pro Tempore Hansen, Ms. Gallagher stated Assured Guaranty protects the City against the market and she does not expect anything to happen between now and the time of closing to upset the process to lock in the lowest rate. In response to Council Member Johnson, Ms. Gallagher stated it is her understanding that MBIA got into the subprime real estate business and the current company has modest exposure to the same. She stated the subject company is only two of seven firms that have not been downgraded. Mayor Pro Tempore Hansen made a motion, second by Council Member Johnson, to approve the proposed issuance not to exceed $65 million of Electric Utility Revenue Certificates of Participation secured by net revenues of the City's Electric Utility Enterprise to refund the outstanding 2002 variable rate demand Certificates of Participation and to terminate 2002 Electric Utility Interest Rate Swap. The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock K-2 Consider the Encroachment Permit Application Requesting Closure of Eilers Lane Between Lower Sacramento Road and Lilac Street for a Block Party on July 4. 2008 (PW City Manager King briefly introduced the subject matter of the Eilers Lane encroachment permit. Public Works Director Wally Sandelin and Police Lieutenant Steve Carillo provided a brief presentation regarding the Eilers Lane encroachment permit. They specifically reviewed the history of the subject property and location concerns regarding the same. Site photographs were also considered and reviewed. In response to Mayor Mounce, Lt. Carillo stated some of the pictures were taken prior to the beginning of the fireworks show. Steve Neilson spoke in favor of the allowance of an encroachment permit based on attendance by the community, the 21 -year tradition, compliance with restrictions placed by the City over the years, the lack of complaints from the proposed closure, and the safe and strong community ties created by the event. 2 Continued July 2, 2008 Tom Gau spoke in favor of the allowance of an encroachment permit based on the history of the event since 1987, compliance with conditions of the approval of the permit, notification to public safety of temporary closure, closing and opening of the road in a timely fashion before and after the event, and the community. In response to Council Member Johnson, Mr. Gau stated everything is out of the street before the fireworks start and as soon as the fireworks are over the barricades are taken down for a total amount of half an hour. Mr. Neilson stated it only takes a few minutes to take everything off of the street. In response to Mayor Pro Tempore Hansen, Lt. Carillo stated Eilers Lane does not have a restriction at Lower Sacramento Road and the closure affects the traffic flow after the fireworks have ended. He stated based on the Partners a contingency is not made because the permit allows for closure until 10:00 p.m. and if it was open there would be the directing of traffic in that area. In response to Mayor Mounce, Mr. Carillo stated traffic is not directed in that area because it is tough to run down Lower Sacramento Road. In response to Mayor Mounce, Mr. Carillo confirmed that Turner Road will be blocked for disabled parking and pedestrian crossing until after the pedestrian traffic has cleared. In response to Mayor Pro Tempore Hansen, Mr. Neilson stated he met with staff and, although he felt the outcome was predetermined, they had a good conversation. Mr. Neilson confirmed that there was no compromise other than close or open the street, the vantage point from the middle of the street is preferred in the area, and an emergency vehicle was able to get in the area last year. In response to Council Member Johnson, Lt. Carillo confirmed that there is no parking on the west side of Lodi Lake near Turner and Lower Sacramento Roads and the barricades will need to come down before the fireworks are finished to allow for traffic flow, which in some cases begins prior to the show ending. Council Member Johnson made a motion, second by Mayor Mounce, to grant the encroachment permit application requesting closure of Eilers Lane between Lower Sacramento Road and Lilac Street for a block party on July 4, 2008. The motion carried by the following vote: Ayes: Council Members - Johnson, Katzakian, and Mayor Mounce Noes: Council Members - Hansen Absent: Council Members - Hitchcock K-3 Adopt Resolution Approving the Purchase of Mural by Artist Tony Segale to he LOCA the Security Safe Lock & Key Site at 2095 S. Sacramento Street ($75.000) (COM) City Manager King briefly introduced the subject matter of the proposed art mural. Community Center Director Jim Rodems provided a brief history of the consideration of the proposed mural by the Arts Commission and its recommendation regarding the same. Ben Burgess, Chair of the Art Advisory Board, provided an overview of the consideration of the proposed project by the Art Advisory Board. He specifically discussed the Wall Dogs project, the Board's approval of $75,000 for the proposed murals, and the project locations of Sacramento Street at $46,000 and Elm and Stockton Streets at $29,000. 7 Continued July 2, 2008 In response to Mayor Pro Tempore Hansen, Mr. Segale stated the previous approval was for a not to exceed amount of $75,000, which could have encompassed one or two murals. He stated the first mural will be visible driving south on Sacramento Street on the face of the subject property. Mr. Segale stated there is a tentative agreement for the second mural at the Buddhist Church; although, it is not yet finalized. In response to Council Member Johnson, Mr. Segale stated that, although an adjacent building could go up, the mural could still be visible in an alley and on the walking tour of the murals. Discussion ensued between Mayor Pro Tempore Hansen and Mr. Segale regarding the difficulty associated with particpation by the businesses, the five-year time frame for the Wall Dogs project to come to fruition, the decline in the Committee's efforts since that time, and the failure of one business due to multiple ownership in the building. In response to Mayor Pro Tempore Hansen, Mr. Segale stated they are looking at going outside of the downtown area because of the community benefit to the larger area and the historical Japanese ties to the neighborhood. In response to Mayor Mounce, Mr. Segale stated the combined cost for both murals is $75,000, $46,000 for the first, and specifics of the second will be brought back in the future. Mr. Segale also provided a brief overview of the process for the mural and design itself. Council Member Johnson made a motion, second by Mayor Mounce, to adopt Resolution No. 2008-134 approving the purchase of mural by artist Tony Segale to be located at the Security Safe Lock & Key Site at 209 S. Sacramento Street in the amount of $46,000. The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock At 8:43 p.m., Mayor Mounce called for a recess, and the City Council meeting reconvened at 8:53 p.m. K-5 Accept Lodi Avenue Desion Guideline Report. Authorize Staff to Proceed with Preparation City Manager King and Public Works Director Wally Sandelin briefly introduced the subject matter of the Lodi Avenue Design Guideline project. Traffic Engineer Paula Fernandez provided a PowerPoint presentation regarding the Eastside Lodi Avenue Improvement Project design guidelines. Specific topics of discussion included the project area, project partners, project timeline, project purpose, community design principles, safe environment, inviting public realm, locally -rooted identity, attractive avenue, sense of safety, design guidelines, new Lodi Avenue streetscape, pedestrian -oriented improvements, public realm, sense of place, bike facilities, phasing strategy, existing Lodi Avenue, Phases One and Two for Alternative One, and Alternative Two. In response to Mayor Pro Tempore Hansen, Ms. Fernandez stated the traffic count is approximately 13,600 vehicles per day on Lodi Avenue by the railroad tracks, and staff has three Continued July 2, 2008 items for recommendation before Council. She stated Measure K will provide for traffic calming features, bulb outs, and pavement treatments, and if the funding is not available then the focus will be on reconstructing, handicap ramps, and improvements near the railroad. In response to Council Member Johnson, Ms. Fernandez stated Phase One will begin in Summer 2009 if all the funding lines up. In response to Mayor Mounce, Ms. Fernandez stated Phase One could include a median if funding is available. In response to Mayor Mounce, Ms. Fernandez stated a two-lane project would come back to Council for approval. In response to Council Member Katzakian, Ms. Fernandez confirmed that right now the consideration is for Phase One of Alternative One and if there is funding available then they could look at Phase Two of Alternative One. Public Comment Marian Rivera spoke in opposition to the proposed project based on concerns regarding spacing on Lodi Avenue, truck and cannery traffic, and the possible closure of the street. Eunice Friederich spoke in opposition to the proposed project based on her concerns regarding truck traffic. Mr. Sandelin stated a presentation was made to the Lodi Improvement Committee, project guidelines and terms were clearly discussed, Alternative One is the proposed project for now, and Alternative Two is based into the future as businesses mature and grow with Lodi Avenue serving as a major connector. Peter Knight of A&W spoke in support of the proposed project; although, he did have some concerns regarding how the construction will affect local businesses in the area. Mr. Sandelin stated the design approach will be similar to the School Street project and will involve business owners to determine best opportunities for timing. Mayor Mounce requested additional information regarding the possibility of a median for Phase Two. Mayor Pro Tempore Hansen made a motion, second by Council Member Katzakian, to accept Lodi Avenue Design Guideline Report, authorize staff to proceed with preparation of plans and specifications to construct project, and adopt Resolution No. 2008-135 authorizing staff to submit Measure K Smart Growth Incentive Program grant application. The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock K-6 Introduce Ordinance Amending Lodi Municipal Code Chapter 5.32 - Massage Establishments - (Introduce) by Re Pn .along and Reenacting Section 5.32.010, "Definitions" (CA Deputy City Attorney Magdich stated the proposed ordinance is a clean-up ordinance and clarifies the definition of massage to exclude a manicurist. 0 Continued July 2, 2008 Mayor Mounce made a motion, second by Council Member Johnson, to introduce Ordinance No. 1813 amending Lodi Municipal Code Chapter 5.32 - Massage Establishments - by repealing and reenacting Section 5.32.010, "Definitions." The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock K-7 Introduce Ordinance Amendina Lodi Municipal Code Chanter 12.12 - Parks - by Addin Deputy City Attorney Magdich stated the proposed ordinance fills a gap in the current law to provide law enforcement with a mechanism to address interference in childrens play and recreation by an individual who is not a licensed coach and to remove such persons from the field of play. In response to Mayor Pro Tempore Hansen, Ms. Magdich stated there is currently nothing in State law that provides for reprecussions for individuals not qualified for coaching. In response to Council Member Johnson, Ms. Magdich stated generally peer pressure and existing disturbing the peace laws will address a disruptive individual in the stands and the proposed ordinance is for those who are on the field of play but they are not licensed. Mayor Pro Tempore Hansen made a motion, second by Council Member Katzakian, to introduce Ordinance No. 1814 amending Lodi Municipal Code Chapter 12.12 - Parks - by adding Section 12.12.055, "Interfering with Parks and Recreation Programs." The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock K-10 Approve FxpensPs Incurred by Outside Counsel/Consultants Relative to the Environmental Abatement Proaram Litiaation ($93.735.87) (CA) Council Member Johnson made a motion, second by Mayor Pro Tempore Hansen, to approve expenses incurred by outside counsel/consultants relative to the Environmental Abatement Program litigation in the amount of $93,735.87, as detailed in the staff report. The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, Katzakian, and Mayor Mounce Noes: Council Members - None Absent: Council Members - Hitchcock L. Ordinances L-1 Ordinance No. 1812 Entitled. "An Ordinance of the City Council of the City of Lodi Approving and Adopting the Redevelopment Plan for the Lodi Community Improvement ProTect" (CLKI Following reading of the title, Mayor Pro Tempore Hansen made a motion, second by Council Member Katzakian, to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1812 entitled, "An Ordinance of the City Council of the City of Lodi Approving and 10 Continued July 2, 2008 Adopting the Redevelopment Plan for the Lodi Community Improvement Project." The motion carried by the following vote: Ayes: Council Members - Hansen, Johnson, and Katzakian Noes: Council Members - Mayor Mounce Absent: Council Members - Hitchcock tur . _ra�I-1 There being no further business to come before the City Council, the meeting was adjourned at 9:43 p.m. ATTEST: Randi Johl City Clerk 11