HomeMy WebLinkAboutMinutes - October 15, 2008LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 15, 2008
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of October 15, 2008, was called to order by Mayor
Mounce at 6:00 p.m.
Present: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Absent: None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
C-2 Announcement of Closed Session
a) Actual Litigation: Government Code §54956.90: One Case: Garza v. City of Lodi, et al..
San Joaauin County Superior Court, Case No. CV026299
b) Threatened Litigation- Government Code §54956.9(h)- One Case; Potential Suit by Jose
Nava against City of I ode Rased on Personal Iniury
c) Confarenr.P with Dean Giialrn Heiman Resources Manager (Lahnr NPgntiatnr)„ RPgard�inn
Police Mid -Managers, Confidential Employees, and Association of Lodi City Em looyees
Regarding General Services and Maintenance & Operators 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 6:40 p.m.
C-4 Return to OnPn Session / DisrinsurP of Artinn
At 7:00 p.m., Mayor Mounce reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following actions.
Item C-2 (a) was discussion only, and Item C-2 (b) was discussion and direction.
In regard to Item C -2 (c), direction was given to amend the Memorandum of
Understanding language for the Police Mid -Managers group. The item will be brought back for
Council to take action in open session at a future meeting.
A. Call to Order / Roll call
The Regular City Council meeting of October 15, 2008, was called to order by Mayor Mounce at
7:00 p.m.
Present: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Absent: None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
Continued October 15, 2008
B. Invoratinn - First Reader ArIPnP Prnrtnr, First Church of Christ Scientist
C. PIPdgP of Allegiance
D. Prwcu-ntatlnns
D-1 Awards - None
D-2 Proclamations
a) Natinnal Arts & Humanities Month
Mayor Mounce presented a proclamation to Diane Amaral, Program Coordinator for the Arts and
Specialty Classes at Hutchins Street Square, proclaiming the month of October 2008 as "National
Arts and Humanities Month" in the City of Lodi.
b) Domestic Violence Awareness Month
Mayor Mounce presented a proclamation to Paula Grech, representative of the Women's Center
of San Joaquin County, proclaiming the month of October 2008 as "Domestic Violence
Awareness Month" in the City of Lodi.
D-3 PrPSPntatinns - NonP
E. Consent Calendar (Readina: Comments by the Public: Council Action)
Council Member Johnson made a motion, second by Council Member Katzakian, to approve the
following items hereinafter set forth in accordance with the report and recommendation of the City
Manager.
VOTE
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Noes: None
Absent: None
E-1 Receive Reaister of Claims in the Amount of $3.764.689.54 (FIN)
Claims were approved in the amount of $3,764,689.54.
E-2 Approve Minutes (CLK)
The minutes of the September 30, 2008 (Shirtsleeve Session) were approved as written.
E-3 Approve Specifications and Authorize Advertisement for Bids for Continued Maintenance
of Landscape Areas for 2009 (PW)
Approved the specifications and authorized advertisement for bids for continued maintenance
of landscape areas for 2009.
E-4 Adopt Resnlutinn Awarding Cnntract for Heating VPntilatinn, and Air Cnnditinning_(H
tal
Inslation Pro iert for Lodi Puhlic Lihrary to TNT Industrial Contractors, Inc_, of
Sacramento ($368.175): Accepting $155.000 from the Library Private Sector Trust Fund:
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Continued October 15, 2008
and Annrn riating Funds 190,Onn) (PW)
Adopted Resolution No. 2008-201 awarding the contract for Heating, Ventilation, and Air
Conditioning Installation Project for Lodi Public Library to TNT Industrial Contractors, Inc., of
Sacramento, in the amount of $368,175; accepted $155,000 from the Library Private Sector Trust
Fund; and appropriated funds in the amount of $190,000.
E-5 Adopt Resolution Acceptina Improvements at Reynolds Ranch, Phase 1 (PW)
Adopted Resolution No. 2008-202 accepting the improvements at Reynolds Ranch, Phase 1.
E-6 Set Puhlir. Hearina for Nnvemher 5. 2008. to Consider Adontinn of a Resolution Amending
Set public hearing for November 5, 2008, to consider adoption of a resolution amending the
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan development fees
for 2009.
F.
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 aaenda.
Andrea Woodruff and Gladys Bates, Hispanic Business Committee representatives, invited the
public and the City Council to their organization's event to be held at the Lodi Conference and
Visitors' Center on November 6, 2008, at 5:30 p.m.
Barbara Flockhart spoke regarding her concerns for the quality of water in the City and funding
for water related improvements on the east side of town.
G. Comments by the Citv Council Members on Non-Aoenda Items
Council Member Johnson requested that the relevant staff report and minutes of the Planning
Commission meeting be provided to the City Council prior to its consideration of the Wal-Mart
appeal. Mr. Johnson also requested that the Council consider a special meeting to hear the
appeal, the public comment be limited to that which is relevant, and Planning Commissioners be
asked to attend the meeting. He also requested information regarding the water quality in the City
in response to Ms. Flockhart's earlier public comment.
In response to Council Member Hitchcock, City Attorney Schwabauer stated he will get back to
the Council with the exact answer on the vote requirement for the appeal, but he believed it was a
majority. Later in the meeting, Mr. Schwabauer stated the vote requirement was a majority of the
entire Council and not just of those present.
H. Cnmments by the City Manager on Non -Agenda Items
City Manager King stated there will be an agenda item on November 5, 2008, that will allow the
Continued October 15, 2008
City Council to set the date for the public hearing for the Wal-Mart appeal.
I. Piihlir Hearings - None
J. Communirations
J-1 Claims Filed Aaainst the City of Lodi - None
J-2 Appointments - None
J-3
a)
Council Member Johnson made a motion, second by Council Member Hitchcock, to approve the
cumulative Monthly Protocol Account Report through September 31, 2008.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Noes: None
Absent: None
K. Reaular Calendar
K-1 Accept Certification of Referendum Petition Results and Sufficiency of Petition and If So
Desired. Call for the Election on March 3. 2009. and Authorize the City Clerk to Conduct
Said Election Throuah the County Reaistrar of Voters (CLK)
City Clerk Johl provided a brief presentation regarding the certification of the referendum petition
results. Ms. Johl specifically discussed the adoption of Ordinance No. 1812, the receipt of a
referendum petition, the review of signatures by the San Joaquin County Registrar of Voters, the
sufficiency of the petition, and the option for a legislative body to repeal an ordinance or call for
an election.
In response to Council Member Hitchcock, Mr. King stated that, if an election is not held until
November 2010, the redevelopment ordinance will be held in suspension and there may be an
impact on the tax base year.
In response to Council Member Katzakian, Ms. Johl stated the specific election dates are set forth
by the Elections Code. She confirmed that any date other than a general municipal election date
would be a special election.
In response to Mayor Pro Tempore Hansen, Ms. Johl stated the cost for a special election is
approximately $5.00 per voter and the cost for a general municipal election is approximately
$2.50 per voter. Ms. Johl stated the $10,000 to $20,000 figure comes from the addition of a ballot
measure to a general election, which also has a Council Member contest, as opposed to one that
does not.
John Talbot spoke in support of placing the matter on a ballot to the vote of the people and
thanked the individuals who helped with the process, including signature gathering.
Marianne Rivera spoke of her concerns regarding the cost associated with a special election and
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Continued October 15, 2008
the need to submit the matter on a ballot for a vote of the people.
Jane Lea spoke in support of placing the matter on a ballot to the vote of the people, thanked the
individuals who helped with the process, and urged the City Council to repeal the ordinance or
wait until the November 2010 election.
Council Member Johnson made a motion, second by Mayor Pro Tempore Hansen, to adopt
Resolution 2008-203 certifying the referendum petition results and sufficiency of the petition and
to adopt Resolution 2008-204 calling for a Special Election on March 3, 2009, and authorizing the
City Clerk to conduct the election through the San Joaquin County Registrar of Voters.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson, and
Council Member Katzakian
Noes: Mayor Mounce
Absent: None
K-2 Consider Request from Library Board of Trustees to Waive Building Permit Fees for th
Lodi Public Lihrary Renovation Project (CMl
This item was taken off the agenda in its entirety and not discussed.
K-3 Adopt Resolution AiAhori7in9 the City Manager to Fnter Into nn Amended and Restated
Northern California Power Aaencv Poolina Aareement (EUD)
City Manager King briefly introduced the subject matter of the Northern California Power Agency
(NCPA) pooling agreement.
Electric Utility Director George Morrow provided a PowerPoint presentation regarding the pooling
agreement. Specific topics of discussion included background, pool members, summary of
agreement, key changes, and costs and benefits of the same.
In response to Council Member Hitchcock, Mr. Morrow stated the pool participants will still be
controlling the decision-making and the coordination of the process is being set up through an ad
hoc committee for less formality.
In response to Council Member Hitchcock, Mr. Morrow stated the proposed revisions allow
the pool of ten to react more quickly for changes that are implemented and creates less
bureaucracy. Mr. King stated there are no changes to the Risk Oversight Committee or practice
of coming to the Council for approval.
In response to Council Member Johnson, Mr. Morrow stated strategically there are a variety of
participants that include small, mid-size and larger parties and the goal is to increase the pool
size by bringing in other agencies to help spread the costs. He stated agencies such as Santa
Clara do not join the pool because they generally are not receiving power from a joint pool since
they have their own.
In response to Council Member Hitchcock, Mr. Schwabauer stated that, while he does not attend
the monthly meetings, he does attend the annual meeting and is active with the legal
subcommittee.
In response to Council Member Johnson, Mr. Morrow stated when Roseville left the short notice
was of concern due to costs. He stated the City is better off with the pool, than without, for
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Continued October 15, 2008
efficiency and economy purposes.
In response to Council Member Johnson, Mr. Morrow stated that it is anticipated that new
participants to the pool will be mixed and represent small, mid-size, and large entities.
In response to Mayor Mounce, Mr. Morrow stated that, if the City were to leave the pool, the
planning could take up to two years. He stated that, if the utility were sold, the process would also
take just as much time because contracts would need to be unwound. Mr. Morrow stated he is
therefore comfortable with the two-year term, which provides the City with more certainty.
In response to Council Member Hitchcock, Mr. Schwabauer stated he reviews the agendas for
the monthly meetings regularly and attends if there is an item that requires his attention.
Mayor Pro Tempore Hansen made a motion, second by Council Member Hitchcock, to adopt
Resolution No. 2008-205 authorizing the City Manager to enter into an amended and restated
NCPA Pooling Agreement.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Noes: None
Absent: None
K-4 Adopt Resolution Approving Policies and Procedures for Customer Credit Securitk
Proaram in Accordance with the Fair & Accurate Credit Transactions Act of 2003 (FIN)
City Manager King provided a brief overview of the Fair and Accurate Credit Transactions (FACT)
Act of 2003.
Electric Utility Rate Analyst Kevin Bell provided a PowerPoint presentation regarding the FACT
Act of 2003. He specially discussed a summary of the Act, the purpose of the Act, examples of
"red flag" indicators for identity theft, when identity theft occurs, compliance with the Act,
customer credit security protection program, completed requirements, and final approval of
policies for a covered agency.
In response to Mayor Mounce, Mr. Bell stated that the Privacy Committee will be identified once
the resolution is adopted.
In response to Mayor Pro Tempore Hansen, Mr. Bell stated the greatest risk for potential identity
theft occurs when new accounts are opened. He stated the use of Experian stops some of that
risk. Financial Services Manager Ruby Paiste stated in September alone approximately 20% of
social security or other identifying information could not be matched.
In response to Council Member Hitchcock, Ms. Paiste stated there were previous policies and
procedures and the newly proposed policies go further to allow for tracking and reporting
of fraudulent actions to law enforcement.
Council Member Hitchcock made a motion, second by Council Member Katzakian, to adopt
Resolution No. 2008-206 approving policies and procedures for Customer Credit Security
Program in accordance with the FACT Act of 2003.
The above motion carried by the following vote:
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Continued October 15, 2008
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
Mayor Mounce, and Council Member Katzakian
Noes: None
Absent: None
L. Ordinances - None
M. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 8:31 p.m.
ATTEST:
Randi Johl
City Clerk
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