HomeMy WebLinkAboutMinutes - November 5, 2008LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 5, 2008
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of November 5, 2008, was called to order by Mayor
Mounce at 5:45 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) Prospective Acquisition of Real Property Located at 232 North Washington Street (APN
#043-087-17). 242 Rush Street (APN #043-090-13). and 420 East Lockeford Street (APN
#043-202-29), Lodi California; the Negotiating Parties are City of Lodi and Union Pacifin
Railroad Cnmpanv- Government Code §54956.8
b) Arhial Litigation- Govtrnmtnt CndP §54956.9(a-)- Ont- Cast; Parifin BPII TPIP hn nnP
Comfy„ a California (mmDoing Business as AT&T California, v_ City of I adi at
al.. San Joaauin County Superior Court, Case No. CV028523
c) Conference with Blair King, City Manager (Labor Negotiator). Regarding Unrepresented
Executive Management - Deputy City Manager/Internal Services Director - Pursuant to
Government Code 6454957.6
d) RPvitw of Cminril AnnnintPP - City Clerk (('nyPrnmPnt Cnde §54957)
C-3 Adiniirn to CIn-Pd Session
At 5:45 p.m., Mayor Mounce adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:55 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), direction was given to terminate the acquisition of the properties located
at 232 Washington Street, 242 Rush Street, and 420 East Lockeford Street.
In regard to Item C-2 (b), settlement direction was given.
Item C-2 (c) was not discussed, and Item C-2 (d) was continued to the regular meeting of
December 17, 2008.
A. Call to nrdtr / Roll call
The Regular City Council meeting of November 5, 2008, was called to order by Mayor Mounce at
7:01 p.m.
Continued November 5, 2008
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
B. Invocation - Pastor Ken Owen, Christian Community Concerns
C. Pledae of Alleaiance
D. Presentations
D-1 Awards - None
D-2 Proclamations - None
D-3 Presentations - None
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, except those otherwise noted, 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 Register of Claims in the Amount of $11 040 754.30 (FIN)
Claims were approved in the amount of $11,040,754.30.
E-2 Approve Minutes (CLK)
The minutes of October 1, 2008 (Regular Meeting), October 6, 2008 (Special Meeting), October
7, 2008 (Shirtsleeve Session), October 14, 2008 (Shirtsleeve Session), October 15, 2008
(Regular Meeting), October 21, 2008 (Shirtsleeve Session), and October 28, 2008 (Shirtsleeve
Session) were approved as written.
E-3 Accent Ouarterly Investment Renort as Required by Senate Bill 564 (CM)
Accepted the quarterly report of the City of Lodi pooled money investments as required by
Senate Bill 564 and the City of Lodi Investment Policy.
E-4 Adopt Resolution Awarding Contract for Architectural Services for Grape Bowl Phase I
Renovation to 360 - CA Schrock Architects, of San Francisco 117,500) (PW)
This item was pulled for further discussion by Council Member Hitchcock.
Council Member Hitchcock expressed her concerns regarding the large size of the overall project,
the lack of a funding source, and whether the $117,000 should be spent on the project at the
2
Continued November 5, 2008
current time.
In response to Council Member Katzakian, Mr. King stated the County committed to
providing funds in two different phases and the allocated Community Development Block Grant
funds will need to be expended as well.
A brief discussion ensued between Council Member Johnson and Council Member Hitchcock
regarding the Council previously considering the subject matter of Americans with Disabilities Act
(ADA) improvements to the Grape Bowl facility and the understanding at the time.
In response to Council Member Johnson, Public Works Director Wally Sandelin stated staff is
working on the ADA improvements at the facility based on the previously Council -approved
timeline.
In response to Mayor Mounce, Mr. Sandelin confirmed that the project requires multiple phases
and staff is working on step one of many.
In response to Council Member Hitchcock, Mr. Sandelin stated the current project does not bring
full ADA compliance as it is only the first step.
In response to Council Member Hitchcock, Mr. King stated the basic premise is to achieve an
entrance into the facility that is ADA compliant since the current entrance is not. He stated staff is
also considering other issues such as constructing new ADA compliant restrooms, which would
be less expensive than upgrading the old restrooms.
In response to Mayor Pro Tempore Hansen, Mr. Sandelin stated the architect was counseled on
designing the project to budget due to the limited funding and making the facility ADA compliant
to meet requirements.
Council Member Hitchcock made a motion, second by Mayor Pro Tempore Hansen, to
adopt Resolution No. 2008-211 awarding the contract for architectural services for Grape Bowl
Phase I Renovation to 360 - CA Schrock Architects, of San Francisco, in the amount of $117,500
and authorize the City Manager to execute the contract.
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-5
Adopted Resolution No. 2008-207 awarding the construction contract for Library Phase 1
Remodel Project to World Tech, dba Geigle Electric, of Stockton, in the amount of $243,879.25
and appropriating $105,000 for a total project cost of $360,000.
E-6 Adont Resolution Awarding Contract for Comnuterized Maintenance Mananement Svstp
Adopted Resolution No. 2008-208 awarding the contract for computerized maintenance
Continued November 5, 2008
management system software purchase and installation to CarteGraph Systems, Inc., of
Dubuque, Iowa, in the amount of $28,441.
E-7 Adopt Resnlutinn Approving Imprnvement Deferral Agreement for 1313 South Stockton
Street (PW)
This item was pulled for further discussion by Council Member Hitchcock.
In response to Council Member Hitchcock, Public Works Director Wally Sandelin provided an
overview of Valley Industries, the business located at 1313 South Stockton Street, and the fall off
on sales revenue for the business. Mr. Sandelin stated the improvements are on the vacant part
on the frontage site.
In response to Council Member Hitchcock, Mr. Sandelin stated the identified improvements reflect
the new design for the intersection of Stockton and Kettleman to accommodate the STAA truck
route.
In response to Council Member Hitchcock, Mr. Sandelin stated the value of the improvements is
approximately $120,000 and the City is responsible for 25% while the owner is responsible for
75%. Mr. Sandelin stated that, while there is a culture of not requiring bonds, the City Attorney
has suggested that bonds be obtained to secure the improvements.
In response to Mayor Mounce, Mr. King confirmed that the corner is the one for which a City park
was previously explored and there has been ongoing dialogue regarding the condition of the site.
General discussion ensued between the City Council, Mr. King, and Mr. Schwabauer regarding
the need for a bond and the practice of requiring bonds to insure proposed site improvements.
In response to Mayor Mounce, Mr. Sandelin stated the City is not doing improvements until
the owner completes certain requirements and the current condition of the site has been existing
for some time.
Mayor Mounce made a motion, second by Council Member Katzakian, to adopt Resolution
No. 2008-212 approving the Improvement Deferral Agreement for 1313 South Stockton Street
and authorize the City Manager to execute the agreement on behalf of the City.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Johnson, Mayor Mounce, and Council
Member Katzakian
Noes: Council Member Hitchcock
Absent: None
E-8
City of Lodi and the Lodi Police Mid -Management Organization Relating to Opt -Out
Provision for Medical Benefits and Approving Said Provision for Confidential Employees
(CM)
Adopted Resolution No. 2008-209 amending the 2007-2011 Memorandum of Understanding
between the City of Lodi and the Lodi Police Mid -Management Organization relating to opt -out
provision for medical benefits and approving said provision for Confidential employees.
E-9 Adopt Resnlutinn Approving Year 200A Amendments to Cnnflict of Interest (:nde
(Government Code &87306.5) (CA)
2
Continued November 5, 2008
Adopted Resolution No. 2008-210 approving Year 2008 amendments to Conflict of Interest Code
(Government Code §87306.5).
E-10 Set Puhlir. Hearina for November 19. 2008_ to Consider Unmet Transit Needs in Lodi (PW)
Set public hearing for November 19, 2008, to consider unmet transit needs in Lodi.
E-11 Set Public Hearing for December 17. 2008. to Consider Resolution Approving
Reimbursement Agreement No. RA -08-01 for Public Improvements Constructed with the
Vintner's Square Shopping CPntPr (PW)
Set public hearing for December 17, 2008, to consider resolution approving Reimbursement
Agreement No. RA -08-01 for public improvements constructed with the Vintner's Square
shopping center.
F. Comments by the Public on Non -Agenda Items
THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE
PUBLIC IS LIMITED TO FIVE MINUTES.
The City Council cannot dPliheratP or take any action on a non -agenda item unless there
is factual evidence presented to the City Council indicating that the suhiect brought un hr
the public does fall into one of the exrentinns under rnvPrnmPnt Code Sertion 54954.2 in
that (a) there is an Pmergpncy glWation or (h-) the nPPd to take artion on the item arnsP
sIIhSP 11Pnt to the agPnda's Ming pnRted_ UnIPSC the City C mincil IS prPCP.ntP.d with thlq
factual evidence. the City Council will refer the matter for review and placement on a future
City Council aaenda.
Jennifer Jones, Program Manager for the San Joaquin Youth Services Safe House, provided the
public and City Council with a general overview of the program to help youth and runaway
statistics. She invited the public to participate in the Green Light Project designed to help
runaway youth by lighting green porch lights for the month of November.
Bill Crow spoke of his concerns regarding utility rates and requested information be provided as
to billing for the water and wastewater accounts. Mayor Mounce invited Mr. Crow to attend the
upcoming Shirtsleeve Session on November 11, at which the topic will be discussed.
G. Comments by the Citv Council Members on Non-Aaenda Items
Council Member Hitchcock congratulated Council Member Johnson and Mayor Mounce on their
reelection to the City Council.
Council Member Johnson congratulated Mayor Mounce, thanked his supporters, and requested
that the meeting be adjourned in memory of former Mayor and Council Member Ted Katzakian.
Mayor Pro Tempore Hansen reported on his attendance at Northern California Power Agency
(NCPA) and San Joaquin Council of Governments (SJCOG) meetings and specifically discussed
funding for projects, the City's ranking of 2 out of 8 for project funding, the $750,000 allocation for
the Lodi Avenue improvement project between Cherokee Lane and the railroad tracks, and
issues of SWAP termination and variable rates being faced by NCPA. He invited the Council to
participate in the NCPA 101 and strategic planning sessions and congratulated Council Member
Johnson and Mayor Mounce on their reelection to the City Council. In response to Council
Member Johnson, Mayor Pro Tempore Hansen stated SJCOG will be reassessing some projects
in light of State budget woes and Measure K funding.
5
Continued November 5, 2008
Mayor Mounce thanked her supporters on the election, commended the Youth Commission on its
latest events and activities, and thanked Council Member Johnson for serving on a League Policy
Committee in response to her request as Central Valley League Division Chair.
H. Comments by the City Msnaaer on Nan -Agenda Items
None.
I. Public Hearings
1-1 Public Hearing to Consider Adoption of a Resolution Amending the San Joaquin
County Multi-SpPriPs Habitat Conservatinn and Open Space Plan Development Fees for
X009 (CDl
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 adoption of
a resolution amending the San Joaquin County Multi -Species Habitat Conservation and Open
Space Plan development fees for 2009.
City Manager King briefly introduced the subject matter of the San Joaquin County Multi -Species
Habitat Conservation and Open Space Plan.
Senior Planner David Morimoto provided a brief presentation discussing the development fees for
2009 for the conservation and open space plan. Mr. Morimoto specifically discussed the review
process for the development fees, habitat easements, fee schedule, maintenance, and
enhancement of the program in a manner that is consistent with the County's time schedule for
development fee implementation.
In response to Council Member Johnson, Mr. King stated there is no obligation for the City to
participate in the process, the City can opt out of the program at any time; although, if that were
the case certain mitigation options would not be available to the development community in the
City.
Mayor Pro Tempore Hansen made a motion, second by Council Member Hitchcock, to adopt
Resolution No. 2008-213 amending the San Joaquin County Multi -Species Habitat Conservation
and Open Space Plan development fees for 2009.
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
J. Communications
J-1 Claims Filed Aaainst the Citv of Lodi - None
J-2 Appointments - None
J-3 Misrellaneous - None
K. Regular Calendar
K-1 Uphold City Manager's Decision to Not Remove City Tree at 431 West Elm Street (PW)
2
Continued November 5, 2008
City Manager King briefly introduced the subject matter of the City tree removal at 431 West Elm
Street.
Streets & Drainage Manager George Bradley provided an overview of the subject matter and
discussed specifics of the trees and concrete types at the location, the older maple tree with
extensive surface roots, before and after pictures upon work completion, and the policy to
preserve healthy trees when possible.
In response to Council Member Hitchcock, Mr. Bradley stated the distance of the rubber for the
sidewalk is generally determined by the roots.
Tony Vice, owner of the subject property, discussed the status of the sidewalk repairs and
possible removal of the trees, stating there are three different types of sidewalks surrounding his
home. He also discussed the appeals process and various conversations he had with the Public
Works Department, City Manager, and Council since the repairs began.
In response to Mayor Mounce, Mr. Vice stated that, while he is somewhat satisfied with the line
placement in the sidewalk, he is concerned that even with the rubberized repairs, the sidewalk is
uneven and the root base growth goes over rubber sidewalk.
In response to Mayor Pro Tempore Hansen, Mr. Bradley stated the concrete had minor damage
in scratching which could be scuffed, there was effort to compromise in an offer to replace the
sidewalk with traditional concrete, and the unevenness would be addressed in the follow-up visit
after settling has occurred, which has not been done to date in light of the matter coming to
Council.
In response to Mayor Pro Tempore Hansen, Mr. Bradley stated he offered to replace the concrete
portion if the owner would accept the rubberized portion to save the tree and a temporary could
last anywhere from 5 to 15 years.
In response to Mayor Mounce, Mr. Bradley stated as a part of the follow-up visit the dirt edge
would be cleaned and flat.
In response to Council Member Johnson, City Attorney Schwabauer stated that, if the City
provided the sidewalk and someone tripped and sued the property owner, the City would be on
the hook as well. Mr. King provided a brief overview of the sidewalk policy, stating the standard is
a smooth and safe sidewalk for walking pedestrians.
In response to Council Member Hitchcock and Mayor Mounce, Mr. Vice stated that, while he is
fine with the concrete scuffing resolution, he still has a safety concern about the rubberized
sidewalks.
In response to Council Member Katzakian, Mr. Bradley stated staff will return to do the follow-up
visit for the scuffing and final adjustment.
Council Member Katzakian made a motion, second by Mayor Pro Tempore Hansen, to uphold the
City Manager's decision to not remove the City tree at 431 West Elm Street, do the final
adjustment with the rubberized sidewalk, and scuff out the marks from the concrete as
described.
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
7
Continued November 5, 2008
Mayor Mounce, and Council Member Katzakian
Noes: None
Absent: None
K-2 Receive Information and Take Action( Relating to Pigs Lake:
a) Report on Mokelumne River Erosion near Pigs Lake (PR)
b) Adopt Resolutions Annrovina Applications for California River Parkways and
Project (CM)
City Manager King briefly introduced the subject matter of Pigs Lake and the related grant
application.
Interim Parks and Recreation Director Jim Rodems provided a PowerPoint presentation regarding
the subject matter of the Mokelumne River erosion near Pigs Lake. Specific topics of discussion
included the riverbank project, report highlights, and possible fund sources. Mr. Rodems also
discussed a related grant application.
In response to Mayor Pro Tempore Hansen, Mr. Rodems stated the boathouse is the recipient of
a favorable bid and staff is in the process of confirming that the unused funds can be used for the
Pigs Lake project. Mr. King stated the project should be consistent and staff is going through the
paperwork to put those funds toward the current project. In response to Mayor Pro Tempore
Hansen, Mr. Rodems stated that, while the solution is the third and most expensive option, it was
determined after thoroughly reviewing the engineer's report and speaking with various agencies,
that it is the only option that is acceptable to the State agencies environmentally.
In response to Mayor Pro Tempore Hansen, Mr. Rodems stated while speed is a factor it is not
a predominant factor as there are a combination of factors causing the erosion.
Discussion ensued between Council Member Johnson, Mr. King, and Mr. Rodems regarding the
lack of enforcement for a speeding zone at the Lake, the hand placement of riprap along the
embankment, the opportunity to recover costs and get labor assistance from the California
Conservation Corps, and continuing exploration of funding sources and other resources to
recover costs from the project.
Ann Cerney expressed her concerns regarding review of only the Pigs Lake erosion as there may
be a greater application to Lodi Lake in general. She also suggested a review of the previously
considered funding sources from prior years, which included possible State and federal grants.
Council Member Hitchcock made a motion, second by Mayor Pro Tempore Hansen, to adopt
Resolution No. 2008-214 approving applications for California River Parkways and Urban
Streams Restoration Grant funds for the Lodi Lake Park Nature Area Protection Project and
adopt Resolution No. 2008-215 endorsing said application.
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
I►sam&,i111�1(a:-. •• • •�TTi�CiC�iiT7e••-.mi: •11f'fiMi1OTM11••u-� •u•.• .••I
Lodi Shoppina Center Environmental Impact Report (CLK)
Continued November 5, 2008
City Manager King provided an overview of the possibility of dates to hear the appeal of Browman
Development Company and Wal-Mart Stores, Inc.
Discussion ensued amongst the Council regarding the need to hear the matter at a special
meeting to allow for enough time and televising the meeting.
Ann Cerney spoke of her concerns regarding the public hearing process and time constraints to
allow the appellants and public to be heard. City Attorney Schwabauer stated it is suggested that
the proponents and opponents each collectively have 15 minutes for their presentation, rebuttal
time if reserved, and the public will then have 3 minutes each. City Clerk Johl stated the public
hearing process will also be mailed along with correspondence notifying the appellants of the
hearing date.
In response to Council Member Johnson, Mr. Schwabauer stated that, if there is more than one
proponent or representative, they will need to work out the 15 minutes amongst themselves.
Mayor Pro Tempore Hansen made a motion, second by Mayor Mounce, to set the public hearing
for 6:30 p.m. on Wednesday, December 10, 2008, to consider the appeals of Browman
Development Company and Wal-Mart Stores, Inc. regarding the decision of the Planning
Commission to not certify the Lodi Shopping Center Environmental Impact Report.
V()TF:
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 Adnnt Resolution Approving AmPndmPnt Nn_ 1 to the SPrnnd Phase AgrPPmPnt for
Funding the Planning and DPvPlnpment ArtivitiPs of the Lndi FnPrg_y C; nter (F11D1
City Manager King briefly introduced the subject matter of the new Lodi Energy Center (LEC).
Electric Utility Director George Morrow provided a PowerPoint presentation regarding the Lodi
Energy Center Phase II, Amendment No. 1. Mr. Morrow specifically discussed the background of
the project, participants, project aerial, Phase II status, LEC status generally, problem regarding
equipment, impact of LEC delay, solution, amendment one, risk, Phase II budget, cost recovery,
financing schedule, and summary.
In response to Council Member Johnson, Mr. Morrow stated the proposals will reflect the existing
market conditions and the action before the Council provides staff with flexibility to make a move
if needed.
In response to Council Member Johnson, Mr. Morrow stated every vendor is going to have to take
into consideration the cost of a project and regardless of what the City pays now, there will be
ultimate savings after the project is built and in use.
In response to Mayor Pro Tempore Hansen, Mr. Morrow stated the terms of the payment may be
one lump sum or monthly depending upon the negotiations and amendments will be made only
as necessary.
In response to Mayor Mounce, Mr. Morrow stated the current reserves are $11.3 million with
another $3 million pay out leaving approximately $8 million.
0
Continued November 5, 2008
In response to Council Member Johnson, Mr. Morrow stated his expectation was that the effect
on the relationship with rating agencies will remain neutral because the Lodi Energy Center
project is strategically consistent with obtaining power and closing open positions. Mr. Morrow
stated Tom Dunfee agrees with the City Manager's comments regarding the same.
Ann Cerney spoke of her concerns regarding the public's understanding of the project and costs.
Mr. King clarified that the subject action does not involve increased costs, but only preparation to
purchase a piece of equipment in light of the delay and long lead time for the same.
In response to Mayor Mounce, Mr. Morrow confirmed that the amount being spent was going to
be spent regardless on the equipment, and the current action allows to spend earlier than
anticipated due to the lead time and provide for savings in the long run.
In response to Council Member Hitchcock, Mr. Morrow stated the new project should fill about 30
megawatts of open position and there should be approximately $2 million in transmission savings
because the location of the project is local. Council Member Hitchcock suggested doing a
newspaper story to explain the project to the citizens.
Mayor Pro Tempore Hansen made a motion, second by Mayor Mounce, to adopt Resolution
No. 2008-216 approving Amendment No. 1 to the Second Phase Agreement for Funding the
Planning and Development Activities of the Lodi Energy Center and appropriate $1.765 million
from Electric Utility reserves.
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
M".
This item was continued to the City Council meeting of November 19, 2008, at the request of the
representative present from the North San Joaquin Water Conservation District.
K-6 Approve Expenses Incurred by Outside Counsel/Consultants Relative to the
Environmental Ahatement Program Litigation and V;;rOnw; Other Cases heingHance
Outside C'minsPl93,16291) (CA)
Mayor Pro Tempore Hansen made a motion, second by Council Member Hitchcock, to approve
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
$93,162.91, as further detailed in the staff report.
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
L. Ordinances - None
10
Continued November 5, 2008
MOWER Mr. ..-.
There being no further business to come before the City Council, the meeting was adjourned at
10:19 p.m. in memory of former Mayor and Council Member Ted Katzakian.
ATTEST:
Randi Johl
City Clerk
11