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HomeMy WebLinkAboutMinutes - February 4, 2009LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, FEBRUARY 4, 2009 C-1 Call to Order / Roll Call The City Council Closed Session meeting of February 4, 2009, was called to order by Mayor Hansen at 6:00 p.m. Present: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Absent: None Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl C-2 Announcement of Closed Session a) Threatened Litigation: Government Code §54956.90: One Case: Potential Suit by Jose Nava aaainst City of Lodi Based on Personal Iniury b) Actual Litigation: Government Code §54956.90 One Case; City of Lodi v_ Michael C_ Donovan, an individual; Fnvision I aw Grnijp, 1-1 P Pt al_, San Francisco Siiperinr Cnurt, Case No CGC-n5-441976 C-3 Adjourn to Closed Session At 6:00 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:50 p.m. C-4 Return to OnPn Session / DisrinsiirP of Action At 7:02 p.m., Mayor Hansen reconvened the City Council meeting, and City Attorney Schwabauer disclosed the following actions. Item C-2 (a) was not discussed. In regard to Item C-2 (b), the City Council voted 3-2 (Council Members Hitchcock and Johnson dissenting) to approve a settlement with a $200,000 judgment against Michael Donovan and a $1.2 million judgment against the City of Lodi, in light of the anticipated $2.5 million cost for trial and appeal. A. Call to Order / Roll call The Regular City Council meeting of February 4, 2009, was called to order by Mayor Hansen at 7:02 p.m. Present: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Absent: None Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl B. Invocation - Pastor Steve Newman, First Baptist Church Continued February 4, 2009 C. PIPdgP of AllPgian�P D. PrPsentatinns D-1 Awards - None D-2 Proclamations - None D-3 Presentations a) Qimrterly Update by the Greater Lodi Area Youth Commission (COM) Josh Gums and Beau Benko, members of the Greater Lodi Area Youth Commission, gave an update on the Commission's activities and accomplishments. E. Consent Calendar (Reading: Comments by the Public: Council Action) Council Member Hitchcock made a motion, second by Council Member Mounce, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager. VOTF: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None E-1 RPr.PivP Register of Claims in the Ammint of $4,664,0A.51.5 (FIN) Claims were approved in the amount of $4,664,095.15. E-2 Annrnye Minutes (CLK) The minutes of January 20, 2009 (Shirtsleeve Session), January 21, 2009 (Regular Meeting), and January 27, 2009 (Shirtsleeve Session) were approved as written. E-3 Adopt RPsolutinn Approving Purchase of John Deere 6arkhne/Lnader from Pam Marhin,-Ey of French Camp„ for Replacement of Vehicle Nn. 04-128 and Annrn rip atino Funds 100 000) (PW) Adopted Resolution No. 2009-12 approving purchase of John Deere backhoe/loader from Pape Machinery, of French Camp, for replacement of Vehicle No. 04-128 and appropriating funds in the amount of $100,000. E-4 Accept Improvements under Contract for the Asphalt Rubber Cape Seal, Various Streets, 2008 Project (PW) Accepted the improvements for the "Asphalt Rubber Cape Seal, Various Streets, 2008 Project" contract. E-5 Adopt RPsnlutinn Awarding Cnntrart for the Blakely Park Nnrth Pnnl DPrk Improvements, 1050 South Stockton Street. to Grea Carpenter Concrete. Inc.. of Lodi ($44.917.50) (PR) 2 Continued February 4, 2009 Adopted Resolution No. 2009-13 awarding the contract for the Blakely Park North Pool Deck Improvements, 1050 South Stockton Street, to Greg Carpenter Concrete, Inc., of Lodi, in the amount of $44,917.50. E-6 Report on Contract Change Order No. 2 for Lodi Lake Boathouse/Discovery Center Improvements, 1101 West Turner Road (PR) Received report on Contract Change Order No. 2 for Lodi Lake Boathouse/Discovery Center Improvements, 1101 West Turner Road. E-7 Adopt Resolution A oon inting NPw RPprPSPntativPs to the Lodi Tourism Business Improvement District Advisory Board (CLKI Adopted Resolution No. 2009-14 appointing new representatives to the Lodi Tourism Business Improvement District Advisory Board. E-8 Set Public Hearing for February 18. 2009. to Review and Approve Both the Joint - Application for Neighborhood Stabilization Program Funding through hrough the California Department of Housing and Community Develnpment and the Memorandum of Understanding for all Participating Jurisdictions (GD) This item was pulled from the Consent Calendar by the City Manager for an indefinite period of time due to notification from the Department of Housing and Community Development regarding the lack of funding for San Joaquin County for one of two available funding sources. E-9 Receive and Accept Quarterly Report of Purchases Between $5.000 and $20.000 (FIN) Received and accepted the quarterly report of purchases between $5,000 and $20,000. F. Comments by the Puhlic nn Nnn-Agenda Items THE TIME ALLOWED PER NON - 2 M FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. The City Council rnnnnt dPllhPratP. or take any action nn a nnn-agenda item unless there is factual PvidPnrP prPSPntPd to the City C'mindl indicating that the suhjPct 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 plarPmPnt nn a future City Cnunril agenda_ Robin Rushing requested the City Council ask the Justice Department to revisit the Hamid terrorism case and related activity in Lodi in light of the new President's outlook on the Patriot Act. Mr. Rushing also spoke in regard to his ability to have transportation to and from City Council meetings through the Dial -A -Ride program. Jessica Hardy, representing TigerLines, spoke in favor of Measure W based on the possible benefit to the Cherokee/Kettleman Lane area businesses and homes in the project area. Ms. Hardy stated that, while she had some initial questions, those questions were answered in the City Attorney's impartial analysis. Art Hand, representing the Lodi Unified School District, spoke in favor of Measure W based on possible benefits for the school district, including the option of adding an additional school in the project area. Mr. Hand also presented an official resolution of support from the Lodi Unified School District. In response to Council Member Mounce, Mr. Hand stated the district Continued February 4, 2009 is reviewing options for the location of a new school on the east side of town and one option may be Cherokee and Kettleman Lane. Mr. Hand stated the school district does have the ability to use eminent domain and treats it with velvet gloves. Phyllis Roche spoke in opposition to Measure W based on her concerns regarding where the property tax dollars go in the County and State, bond debtedness, and the possible negative effect on the school district. Jane Wagner-Tyack spoke in regard to preserving and maintaining the Delta and provided an organizational overview of the "Restore the Delta" group. Ms. Wagner-Tyack invited the City Council to attend a symposium regarding the Delta on February 28, 2009, at Wine and Roses where numerous experts will discuss the current issues surrounding the Delta and preservation. Barbara Flockhart spoke in opposition to the cost of electric rates based on her concerns regarding comparisons with other agencies and the overall bond indebtedness of the Electric Utility. G. Comments by the Citv Council Members on Non-Aaenda Items Council Member Mounce reported on her attendance at the League of California Mayors and Council Members Conference, stating conference materials are available for review. In response to Council Member Mounce, City Attorney Schwabauer stated the Kelo case prevents local government from exercising eminent domain for a private purpose. Mr. Schwabauer stated local government in general still has the ability to exercise eminent domain for a public purpose; although, the City has adopted ordinances prohibiting the use of eminent domain in its entirety in the project area. He stated he is not sure of the time period in which an agency must hold on to property it has obtained through eminent domain for a public use before it may be given to a developer, and he will get back with the relevant information. Council Member Johnson requested the Deputy City Manager to research and bring back to the City Council information regarding pay points for utility payments. Mr. Johnson also suggested the Lodi Improvement Committee and/or some other advisory committee be utilized to assist the City Council with redevelopment projects when Measure W passes. Mayor Pro Tempore Katzakian reported on his attendance at the League of California Cities Mayors and Council Members Conference and stated a sub -committee is working on topics of interest for the annual conference. In response to Council Member Hitchcock, Mr. King stated there will be an item related to mid- year budget review at a Special Meeting to be held on Tuesday, February 10, 2009, at 7:00 a.m., in conjunction with the Shirtsleeve Session. Mr. King stated that, while no action is specifically anticipated, the Special Meeting allows the City Council flexibility to provide direction. Mayor Hansen reported on his attendance at the Northern California Power Agency conference and San Joaquin Council of Governments (SJCOG) Commission meeting. Mayor Hansen specifically discussed the Lodi Energy Center being fully subscribed, discussions regarding local control, the $84 million shortfall at SJCOG being reduced to about $8 million, efforts regarding funding for the Lodi Lake shoring, and funding opportunities through Congressman McNerney and National Mayors Association. He also suggested information regarding pay points be brought to Council for consideration. In response to Council Member Johnson, Mr. King stated staff is in the process of responding to Congressman McNerney through the federal appropriations process with respect to City projects and opportunities for federal funding. M Continued February 4, 2009 City Manager King provided a brief overview of why Consent Calendar Item No. E -8 was pulled in light of the correspondence from the Department of Housing and Community Development indicating a lack of some funding for the San Joaquin area from one out of the two possible sources of funding. Mr. King stated the City has an ordinance containing an absolute prohibition on eminent domain in the project area. He also discussed money going to the State prior to being allocated to the school districts, the County's relationship with the State as a political subdivision of the same, Proposition 98 and the Educational Revenue Augmentation Fund shift, the inability of a redevelopment agency to use eminent domain, the City's ability to use eminent domain for a public purpose, and the outright prohibition of eminent domain in the project area regardless of the purpose and the in-depth process needed to overturn such an ordinance. Mr. King also discussed the paratransit and Dial -A -Ride services and the City's obligation to provide services with cost recovery. In response to Council Member Hitchcock, City Attorney Schwabauer confirmed that State law preempts local law and that eminent domain for a private purpose is prohibited by State law regardless of any City ordinance. IQI�11111(7i :-.I• • OTOTIMrs=2 17_t •u�TT'TOT"ITMOT 19•1 -a :1119M.WMA3 •• ,u mmunitv Needs and Fundina Priorities (CD Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Hansen called for the public hearing to consider the Community Development Block Grant (CDBG) Program Consolidated Plan and Action Plan development process and to receive input regarding community needs and funding priorities. City Manager King briefly introduced the subject matter of the public hearing regarding CDBG program consolidated program. Neighborhood Services Manager Joseph Wood provided a PowerPoint presentation and specifically discussed the CDBG entitlement process background, consolidated plan process, required documentation, annual review process, previous goals and objectives from 2005-2010, and the current public participation plan. In response to Council Member Hitchcock, Mr. Wood stated the document itself listing the criteria is not provided to applicants; although, the criteria is thoroughly discussed with the applicants through a series of meetings and review of the applications themselves. Council Member Hitchcock suggested providing a fact sheet with the criteria listed to the applicants prior to the process to ensure they have been notified of what types of projects will be considered. Mayor Hansen opened the public hearing. Kimberly Cox and Hilda Bohacek, representing the Community Partnership for Families, provided an overview of the organization and its history with helping families in need in the City of Lodi and San Joaquin County. In response to Mayor Hansen, they confirmed that the biggest challenge with the Lodi location was the difficulties with the families trying to get to the site in the City. Mayor Hansen closed the public hearing. 5 Continued February 4, 2009 There was no specific action required on this item other than to conduct the public hearing. J. Commimirations J-1 Claims Filed Anainst the City of Lodi - None J-2 Appointments a) Post for Three Expirina Terms on the Lodi Improvement Committee (CLK Council Member Mounce made a motion, second by Council Member Hitchcock, to direct the City Clerk to post for the following expiring terms: Fran Forkas, Term to expire March 1, 2009 Eileen St. Yves, Term to expire March 1, 2009 Robert Takeuchi, Term to expire March 1, 2009 VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None J-3 Miscellaneous - None K. Reaular Calendar 1►Qi� Z�Jf F1'iTi�7�Ti�iT 7 aMDT=--0 O 1 - I OUTiTTi' . r • . • � WeiIni MWi @iIF• I - G i City Manager King provided a PowerPoint presentation regarding the Lodi Community Improvement Program. Mr. King specifically discussed a three-year budget projection for housing set-aside and other programs, other programs budget including 2009-2012 for jobs / OPA / economic development, capital projects, and facilities, housing set aside budget for 2009-2012, and some policy considerations. In response to Council Member Mounce, Mr. King stated land use controls are not written into the plan, an applicant will not be denied solely because they are in the redevelopment project area, covenants generally accompany financial assistance, and the redevelopment agency would not have any additional ability to scrutinize an improvement application in the project area. In response to Council Member Hitchcock, Mr. King stated the specific criteria may be established later and consistency with the General Plan is important. In response to Council Member Mounce, Mr. King stated most plans are written in broad fashion to discourage ongoing regular amendments in the future; although, some plans may be written more specifically like Horton Plaza in San Diego. Discussion ensued amongst Council Member Mounce and Mr. King regarding the need for protections for people in the project area who are not using subsidies to do property 2 Continued February 4, 2009 improvements to ensure they will not need to comply with additional stringent requirements as a result. In response to Council Member Johnson, Mr. King stated he does not believe there is anything that would prevent the solar and public benefit monies for electric to be set aside for use in the redevelopment project area. Council Members provided general input as to the funding anticipated from redevelopment. Council Member Hitchcock stated it is important to serve the City's residents, reinvest as much as possible for ongoing return and investment, favor reimbursement for certain projects, and directly review the initial projects on an individual basis. Council Member Mounce stated it is important to address infrastructure issues on the east side of town and balance investment in residential and business projects. Mayor Hansen stated he agrees that a balance in projects and investments is important and would favor reimbursements. Council Member Johnson stated there has to be a balanced approach, especially with respect to economic development. In response to Council Member Mounce, Mr. King stated some of the business properties for improvement consideration may be the Altnow property on Sacramento Street, TigerLines, and G -REM. In response to Council Member Mounce, Mr. King stated funding provided to private businesses would include pay back in the form of jobs and increased tax increment. In response to Council Member Johnson, Mr. King confirmed the Thurman Street business example whereby a similar incentive for reimbursement was given and would be reduced over time based on job creation and/or similar incentives. In response to Council Member Johnson, Mr. King stated there is a balancing that comes with individuals who may want to come forward for project assistance, but may hesitate based on the sensitivity of a project. Mr. King stated overall there is an openness that comes with utilizing public funding notwithstanding community sensitivity to developers. Discussion ensued between Council Member Hitchcock and Mr. King regarding the Council and public knowing about possible negotiations from the beginning, the possibility of prioritizing based on public improvements such as curb and gutter when two projects are exactly alike, and determining priorities on an individual project basis. Council Member Mounce stated she would like the prioritization to be based upon upgrading infrastructure. In response to Council Member Hitchcock, Mr. King stated some city councils have a philosophical viewpoint that no one project should receive more than a specific maximum amount, which is where the capping comes into play. In response to Council Member Hitchcock, Interim Community Development Director Rad Bartlam stated there are situations where one could get through a project before the public improvements are complete in which case there may be consideration for financials even though the project itself is complete. General discussion ensued amongst the City Council and Mr. King regarding the need to provide input by way of comments and/or questions to determine general direction of the Council for policy considerations listed in the presentation. Ann Cerney spoke in regard to her concerns regarding mandated versus voluntary participation, effects of non -participation, indirect encouragement of investors with greater amount of money, relocation of poor in community, housing set aside, and transparency of the process. City 7 Continued February 4, 2009 Attorney Schwabauer stated the most recent legislation sets in stone how the process is applied. Phyllis Roche spoke regarding her concerns about relocation of the poor in the community and discussed the Hunter's Point example. Barbara Flockhart spoke in regard to her concerns regarding relocation of the poor in the community, public improvements in the project area, and providing money upfront for businesses. Jack Flockhart spoke regarding his concerns about the general deteriorating conditions on the east side of the City. K-2 Adont Resolution Rescindina Certification of the Final Revised Fnvironmental Imnact Browman Development Company and Wal-Mart Stores, Inc. Regarding the Decision of th Plannina Commission to Not Certify the Final Revised EIR (CA) City Manager King briefly introduced the subject matter of the proposed public hearing regarding the Lodi Shopping Center Project. City Attorney Schwabauer provided an overview of the proposed public hearing pertaining to the Lodi Shopping Center to be televised and heard at a Special Meeting on Wednesday, March 11, 2009, at 6:30 p.m. at Hutchins Street Square in light of the City's receipt of a notice to cure a Brown Act violation. Council Member Mounce made a motion, second by Mayor Hansen, to adopt Resolution No. 2009-15 rescinding certification of the Final Revised Environmental Impact Report (EIR) for the Lodi Shopping Center project located at 2640 West Kettleman Lane and reset the public hearing for March 11, 2009, at 6:30 p.m. to consider the appeals of Browman Development Company and Wal-Mart Stores, Inc. regarding the decision of the Planning Commission to not certify the Final Revised EIR. VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None K-3 City Manager King provided an overview of the request received by the World of Wonders (WOW) science museum. Mr. King specifically discussed the proposed rent extension for one year to February 2010, indexing to be frozen for one year, hours of operation extension to August 2009, ongoing southern site improvements while the northern portion of the site is complete and operational, and pending amendment approval by the Federal Transit Administration which is likely due to the project being a non-profit community based project. In response to Council Member Johnson, Mr. King stated the museum is open for special events and miscellaneous times such as winter and summer breaks; although, the regular operation hours will not be in place until August 2009 to allow time for operational build up. Continued February 4, 2009 In response to Council Member Johnson, Mr. King stated the August date was picked because it is the half way point through next year. In response to Council Member Johnson, Mr. King stated there is no connection with the rent date and the operations August 2009 date other than allowing the operation time to get up and running before rent is due. In response to Council Member Mounce, Public Works Director Wally Sandelin stated it was discovered that the southern area had some mold due to a water leakage and limited ventilation. Mr. Sandelin stated the water leakage has been corrected and the mold will be corrected by the contractor based on the corresponding mold report. Sally Snyde, representing the WOW Museum, stated the August date will allow for some time with operations, the soft opening yielded a great response with approximately 2,400 people in nine days, there will be a grand opening on March 7 and 8, and after those dates the museum will be open on Saturdays and Sundays. In response to Mayor Pro Tempore Katzakian, Ms. Snyde stated the mold area will not affect the retail or the grand opening because it is in another building on the southern side. Ms. Snyde stated the Phillips Farm area will also be complete. In response to Council Member Hitchcock, Mr. King stated Community Development Block Grant funding may be one option for the southern area. Ms. Snyde stated the museum is also looking at providing discounted days and options for children to visit the museum and learn. Mayor Hansen made a motion, second by Council Member Hitchcock, to adopt Resolution No. 2009-16 authorizing the City Manager to enter into a Second Amendment to World of Wonders Science Museum Lease. VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None K-4 Introduce Ordinance Amending Lodi Municipal Code Title 13 - Public Services - bX Reoealina and Reenactina Chanter 13.12. "Sewer Service." in its Entirety (CA) City Manager King briefly introduced the subject matter of the proposed ordinance regarding sewer service. City Attorney Schwabauer provided an overview of the proposed sewer service ordinance. Mr. Schwabauer specifically discussed the discharge permit, pretreatment ordinance being consistent with federal standards, the standards being laid out in complicated publication, Regional Board review of the ordinance, changes recommended by contractor to keep ordinance legally consistent, ordinance specifying standards for pretreatment, and the need to adopt because of the relationship between the ordinance and the permit itself. In response to Council Member Johnson, Mr. Schwabauer stated the City is the policing agency at the local level, and the City already ensures compliance with testing and standards. In response to Council Member Mounce, Public Works Director Wally Sandelin stated staff is currently already monitoring testing and there are a limited amount of dischargers to provide 0 Continued February 4, 2009 oversight of. In response to Council Member Hitchcock, Mr. Schwabauer stated the proposed ordinance is completely unrelated to the challenge on the permit and would be needed regardless for consistency. In response to Council Member Hitchcock, Mr. Sandelin stated there are approximately 20 to 40 users who would need to be monitored, including Luster Cal, Pacific Coast Producers, wineries with waste contracts, and the concrete companies. Mr. Sandelin stated the cost of the monitoring lies with the discharger, and the dischargers send reports to the City for compliance checks with the requirements. In response to Council Member Hitchcock, Mr. Schwabauer stated the monitoring standards are set by federal law and compliance is also monitored by environmental compliance inspectors. In response to Mayor Hansen, Mr. Schwabauer stated there is an opportunity for the City to be fined for violations in the legislation. In response to Ann Cerney, Mr. Schwabauer stated tonight is the first reading of the ordinance and the second reading will be at the next regularly scheduled meeting. Council Member Mounce made a motion, second by Mayor Hansen, to introduce Ordinance No. 1819 amending Lodi Municipal Code Title 13 - Public Services - by repealing and reenacting Chapter 13.12, "Sewer Service," in its entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None K-5 , Wf OW�a[F G1ri�:ZE:�iTiII(N-1 Council Member Johnson made a motion, second by Council Member Mounce, 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 $161,948.01, as detailed further in the staff report. VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None L. Ordinances I�i�-GGTif[i7Tifl'fi'iTTa� .ITiE:�iF:�7:fifiR:�i/eRiTT• Ali'�TiTSiiTWilf MOGIRi 11170 iiTWiMTRIO iRI Improvement District (LTBID)" (CLK) 10 Continued February 4, 2009 Council Member Hitchcock made a motion, second by Council Member Johnson, to (following reading of the title) waive reading of the ordinance in full and adopt and order to print Ordinance No. 1818 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 12 - Streets, Sidewalks, and Public Places - by Repealing and Reenacting Chapter 12.07 Relating to the Lodi Tourism Business Improvement District (LTBID)," which was introduced at a regular meeting of the Lodi City Council held January 21, 2009. VOTE: The above motion carried by the following vote: Ayes: Council Member Hitchcock, Council Member Johnson, Mayor Pro Tempore Katzakian, Council Member Mounce, and Mayor Hansen Noes: None Absent: None M. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 11:13 p.m. ATTEST: Randi Johl City Clerk 11