HomeMy WebLinkAboutMinutes - February 17, 2010LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 17, 2010
C-1 Call to Order / Roll Call - N/A
C-2 Announcement of Closed Session - N/A
C-3 Adjourn to Closed Session - N/A
C-4 Return to Open Session / Disclosure of Action - N/A
A. Call to Order / Roll call
The Regular City Council meeting of February 17, 2010, was called to order by Mayor Katzakian
at 7:00 p.m.
Present: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Absent: None
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
B. Pledge of Allegiance
C. Presentations
C-1 Awards - None
C-2 Proclamations
a) Soroptimist International, "Saturday of Service," March 6, 2010
Mayor Katzakian presented a proclamation to Germaine Burke, President of Lodi Soroptimist
International, recognizing Soroptimist International, "Saturday of Service," being held on March 6,
2010.
C-3 Presentations
a) Update by Hutchins Street Square Foundation on Fundraising Efforts for Community
Center (COM)
John Ledbetter, Chair of the Hutchins Street Square Foundation, gave an update to Council on its
fundraising efforts for the Community Center.
D. Consent Calendar (Reading: Comments by the Public: Council Action)
Council Member Mounce made a motion, second by Council Member Johnson, 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: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Continued February 17, 2010
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
D-1 Receive Register of Claims in the Amount of $5,812,522.84 (FIN)
Claims were approved in the amount of $5,812,522.84.
D-2 Approve Minutes (CLK)
The minutes of February 2, 2010 (Shirtsleeve Session), February 3, 2010 (Regular Meeting), and
February 9, 2010 (Shirtsleeve Session) were approved as written.
D-3 Approve Plans and Specifications and Authorize Advertisement for Bids for DeBenedetti
Park - Electrical Improvements Phase I, 2350 South Lower Sacramento Road (PW)
Approved the plans and specifications and authorized advertisement for bids for DeBenedetti
Park - Electrical Improvements Phase I, 2350 South Lower Sacramento Road.
D-4 Approve Specifications and Authorize Advertisement for Bids to Procure Polemount and
Padmount Transformers (EUD)
Approved the specifications and authorized advertisement for bids to procure polemount and
padmount transformers.
D-5 Adopt Resolution Rejecting Proposals for the White Slough Solar Demonstration Plant
EUD
This item was pulled for further discussion by Council Member Hansen.
In response to Council Member Hansen, Mr. King stated the City is not stepping away from the
demonstration project. Mr. King stated bids were submitted as a Public Works project and the
recommendation is to reject all bids and go back and clarify the specifications of the proposed
project based on qualifications, longevity of project, and price of construction and energy.
Mr. Weisel stated the item should be back in about three months.
Council Member Hansen made a motion, second by Council Member Mounce, to adopt
Resolution No. 2010-19 rejecting proposals for the White Slough Solar Demonstration Plant.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
D-6 Adopt Resolution Approving Donation of Retired Self -Contained Breathing Apparatus and
Surplus Turnouts to the Lodi Unified School District Regional Occupation Fire Science
Technology Program (FD)
Adopted Resolution No. 2010-14 approving donation of retired self-contained breathing
apparatus and surplus turnouts to the Lodi Unified School District Regional Occupation Fire
Science Technology Program.
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Continued February 17, 2010
D-7 Adopt Resolution Approving Purchase of Transit Fare Collection Equipment from GFI
GenFare, of Elk Grove Village, IL ($279,843), and Appropriating Funds ($300,000) (PW)
This item was pulled for further discussion by Robin Rushing.
Mr. Rushing expressed his concerns about additional funds being spent on cash boxes for transit.
In response to Council Member Hansen, Mr. King stated federal American Recovery and
Reinvestment Act of 2009 funds were received by the City for specific transit needs and reviewed
the spending requirements for the same. Mr. King stated the funds are conditional and cannot be
used for operational purposes.
Council Member Mounce made a motion, second by Council Member Hansen, to adopt
Resolution No. 2010-20 approving the purchase of transit fare collection equipment from GFI
GenFare, of Elk Grove Village, IL, in the amount of $279,843, and appropriating funds in the
amount of $300,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
D-8 Adopt Resolution Awarding Contract for 2010 Alley Reconstruction Project to George
Reed, of Lodi ($226,454.40) (PW)
Adopted Resolution No. 2010-15 awarding contract for 2010 Alley Reconstruction Project to
George Reed, of Lodi, in the amount of $226,454.40.
D-9 Adopt Resolution Awarding Contract for the Installation of Automated Residential Electric
Meters to Republic ITS, Inc., of Novato, CA, and Appropriating Funds ($109,945) (EUD)
Adopted Resolution No. 2010-16 awarding contract for the installation of automated residential
electric meters to Republic ITS, Inc., of Novato, CA, and appropriating funds in the amount of
$109,945.
D-10 Adopt Resolution Awarding Contract for the Replacement of Public Safety Radio
Equipment to Delta Wireless & Network Solutions, of Stockton, under Homeland Security
Grant Number 2008-0006 ($362,734.181(CM)
Adopted Resolution No. 2010-17 awarding contract for the replacement of public safety radio
equipment to Delta Wireless & Network Solutions, of Stockton, under Homeland Security Grant
Number 2008-0006 in the amount of $362,734.18.
D-11 Adopt Resolution Authorizing the Lease Agreement Between the City of Lodi and the State
of California, Acting By and Through its Director of General Services, with the Consent of
the Military Department for the Use of the National Guard Armory Building (PR)
Adopted Resolution No. 2010-18 authorizing the lease agreement between the City of Lodi and
the State of California, acting by and through its Director of General Services, with the consent of
the Military Department for the use of the National Guard Armory building.
D-12 Set Public Hearing for March 3, 2010, to Consider Report for Sidewalk Repairs and to
Continued February 17, 2010
Confirm the Report as Submitted by the Public Works Department (PW)
Set public hearing for March 3, 2010, to consider report for sidewalk repairs and to confirm the
report as submitted by the Public Works Department.
D-13 Set Public Hearina for March 17. 2010. to Adopt Federal Fiscal Year 2010 Proaram of
Transit Projects (PW)
Set public hearing for March 17, 2010, to adopt Federal Fiscal Year 2010 Program of Transit
Projects.
E. 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 deliberate or take any
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 U
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.
None.
F. Comments by the Citv Council Members on Non-Aaenda Items
Council Member Hansen reported on his attendance at the Northern California Power Agency
(NCPA) meeting and working on the NCPA budget. He also discussed issues to be considered in
Washington D.C., including greenhouse gas emissions and AB 32. Mr. Hansen commended the
efforts of those involved with the Wine and Chocolate event in downtown.
Council Member Johnson reported on the Joint Task Force working on the County jail proposal.
He specifically discussed the lack of operating funds for the proposed jail, a half -cent sales tax
option to fund operations, the telephone survey, other County efforts regarding sales tax, and a
ballot measure education program with proportional cost assignment for cities.
Council Member Mounce reported on her attendance at the League Board of Directors meeting.
She specifically discussed greenhouse gas emission legislation, postponing unfunded mandates,
policy on water, involvement by the City of Stockton, nominating the Youth Commission for a
Helen Putnam Award, and the possibility of rescinding and reenacting Ordinance 1775 and 1776.
G. Comments by the Citv Manaaer on Non-Aaenda Items
None.
H. Public Hearinas
H-1 Public Hearina to Receive Comments on the Lodi General Plan and Consider Adoptina
Resolution Certifying the Final Environmental Impact Report (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 Katzakian called for the public hearing to receive comments
on the Lodi General Plan and consider adopting resolution certifying the Final Environmental
Impact Report (EIR).
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Continued February 17, 2010
City Manager King provided a brief introduction to the subject matter of the Lodi EIR and General
Plan.
Community Development Director Rad Bartlam provided a PowerPoint presentation regarding the
EIR and General Plan. Specific topics of discussion included the California Environmental Quality
Act (CEQA), General Plan Draft and Final EIR, next steps, CEQA requirements, purpose, topics
evaluated, project description, executive summary, beneficial impacts, less than significant
impacts, significant and unavoidable impacts, statement of overriding considerations, significant
and irreversible environmental changes, alternatives, growth -inducing impacts, cumulative
impacts, contents of the EIR, comments received, new and edited policies, next steps including
General Plan adoption, and General Plan land use.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated that, with respect to
unavoidable significant impacts and air quality concerns, discussions are occurring at various
levels through legislation, when to stop building is a broader matter for consideration by the policy
makers, and policies in the General Plan look to reduce greenhouse gas emissions as is
required. Mr. Bartlam stated south San Joaquin Valley suffers more air quality issues because
of dust and particles as well as emissions.
In response to Mayor Pro Tempore Hitchcock, Mr. King stated the public hearing is for the
certification of the EIR and its relationship to General Plan policies. Mr. King stated the General
Plan resolution will come back for adoption at a future date.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated specific information, such
as floor area ratios, will be incorporated into the Zoning Code. Mr. Bartlam stated General Plan
references are broader while parcel implementation measures are carried out more specifically
through the Development Code.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated currently there is a parking
district downtown and the proposed language coincides with the existing condition in downtown.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated there are three designated
mixed use centers, the intent of these centers is to define neighborhoods, and examples would
include the Lakewood Mall area as well as the Turner Road and Lower Sacramento Road corner.
Mr. Bartlam stated implementation would be through development of a larger master plan with
a combination of both residential and commercial through land use and design.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated density ranges are broad, most
mixed uses would fall under medium density, smaller single-family lots are likely in the future, and
developments in the City are likely to be similar to those that occurred during the higher
development periods approximately three years ago in other communities.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the difference between the
1991 plan and the current plan is basins and parks will not be developed together and there will
be more usable play fields in the proposed plan that are separate from basins.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated staff will look into any previous
citizen initiative combining parks and basins.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the blue spaces are anticipated
school locations and the green spaces reference parks. A brief discussion ensued regarding
keeping basin and park spaces separate from one another.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated base districts will be
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Continued February 17, 2010
established to implement the General Plan because none exist currently.
In response to Mayor Pro Tempore Hitchcock, Public Works Director Wally Sandelin confirmed
that the General Plan build out is sufficient to manage current and future water needs.
Mr. Bartlam stated the policy regarding future water needs will be coming back along with the
other policies.
In response to Mayor Pro Tempore Hitchcock, Mr. Sandelin stated the wastewater plant capacity
is sufficient and can be increased later in a master plan if needed.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam and Mr. King stated the narrative
describes what is already approved for fire departments, what may be needed for future fire
services, and a specific public safety master plan will be coming back for approval.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated phasing is for residential and
non-residential growth, Phase 1 is infill within the existing General Plan, Phase 2 is non-
residential south of Kettleman Lane on Harney Lane and west of current General Plan, Phase 3
is the reserve area, and the 75% allows the City to solidly develop infrastructure without acting
prematurely.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated each section including resident,
commercial, and industrial has its own 75% requirement.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated changes to the ordinance
regarding design issues, points, and programs will be brought back for consideration.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the Planning Commission
recommended gated communities in some cases where there are no connectivity concerns but
discouraged overall use of gated communities.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated sound walls may be
appropriate along the City express ways, major arterial roads, Highway 99, and the railroad line.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the Planning Commission
recommended a minimum one acre for every one acre lost for mitigation and the trust language
can be modified to more specifically benefit the Lodi community.
In response to Council Member Mounce, Mr. Bartlam stated specific information regarding
historical preservation, including allowable alteration to older homes, would be set forth in the
Development Code. Mr. Bartlam stated a variety of historical preservation policies could be
considered by the Planning Commission or the Historical Society.
In response to Council Member Mounce, Mr. Bartlam stated the draft Development Code is done
and will be updated with the proposed General Plan.
In response to Council Member Mounce, Mr. Bartlam stated the redevelopment area is getting a
mixed use designation in Phase 1 because it is an infill area in downtown and can be expanded
to include to vacant Lockeford Street piece as indicated.
In response to Council Member Mounce, Mr. Bartlam and Mr. King stated eminent domain
language and references could be incorporated in General Plan edits and added as an election
requirement in any new redevelopment plan.
In response to Council Member Hansen, Mr. Bartlam confirmed a balance of downtown
Continued February 17, 2010
objectives and historical preservation would be considered in the General Plan.
Mayor Katzakian opened the public hearing to receive public comment.
Patrick McEwen, representing the proposed San Joaquin Delta College Campus in Lodi, spoke in
favor of the proposed certification of the EIR and requested that a college placeholder be
incorporated into the General Plan. Specific topics of discussion included an educational master
plan, Lodi identified as needing a college facility, the facilities master plan, previous work done for
a General Plan alternative, and a college placeholder in the General Plan.
Discussion ensued among Council Member Hansen, Council Member Mounce, and Mayor Pro
Tempore Hitchcock regarding the work already performed at the Victor Road site, the possibility
of Delta College utilizing infill sites in downtown, and leaving options open without designation
limitations on a particular site.
Jerry Fry, representing the Armstrong Road property owners, spoke in opposition to the proposed
certification, stating the property owners would like the subject area designated as PRR or similar
to the 1991 General Plan. Mr. Fry specifically discussed the urban reserve moving to the west
side of town, previous improvements made by the property owners, growth management in the
City being inconsistent with the proposed Delta College growth, supporting agriculture by
reducing groundwater extraction through the building of a treatment plant, and mitigation efforts
that benefit areas in the City versus outside the City.
Mayor Katzakian closed the public hearing after receiving no further public comment.
In response to Council Member Johnson, Mr. Bartlam stated there is no reason to either include
or not include Delta College in the General Plan as it is a Council policy call and another option is
to designate the proposed college site as urban reserve.
In response to Council Member Mounce, Planning Commissioner Tim Mattheis stated the
Planning Commission did not support a college placeholder because at the time there was no
definitive plan for the area; although, conditions including the financial aspect of the proposal may
have changed.
In response to Council Member Mounce, Mr. Mattheis stated there was a concern that the college
could be growth -inducing toward that area.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the college piece could be
brought back to Council up to four times a year as a General Plan amendment.
In response to Council Member Hansen, Mr. Bartlam stated a college reserve may be feasible
and an example of the same type of reserve is the elementary school site proposed on the east
side of town at the request of the school district.
Discussion ensued among Council Member Hansen and Mr. Bartlam regarding the Armstrong
Road property owners' request of a PRR designation and the appearance it may give of the City's
intent to grow in the future in a particular direction.
In response to Council Member Hansen, Mr. Bartlam stated the recommendation is to not go with
the most environmentally superior alternative because it falls short of the City's growth ordinance
and does not meet other needs for the City.
In response to Council Member Hansen, Mr. Mattheis stated there was a lot of deliberation
regarding the PRR and urban reserve designation, this is a good legislative opportunity to
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Continued February 17, 2010
maintain some type of a separator between Lodi and Stockton, and the community desires a
separator.
Discussion ensued between Council Member Hansen and Mr. Bartlam regarding a compromise
designation, urban reserve to the west, effects on 2% growth management, State requirements
for accommodation of 2% growth management, and density in various areas.
In response to Mayor Katzakian, Mr. Bartlam stated the urban reserve designation sends a
message of desired growth by the City Council in a particular area.
In response to Mayor Pro Tempore Hitchcock, Mr. Bartlam stated the General Plan process
started in 2006.
Discussion ensued among Council Member Hansen, Council Member Mounce, and Mayor Pro
Tempore Hitchcock regarding the likelihood of the Armstrong Road property owners receiving the
AL -5 designation from the County or finding a suitable alternative through the City.
In response to Council Member Hansen, Mr. Bartlam stated designating an area as urban reserve
does not necessarily have to shrink down another area as all designations are based on
assumptions and can be modified.
Council Member Hansen made a motion, second by Mayor Pro Tempore Hitchcock, to include a
San Joaquin Delta College placeholder when the Environmental Impact Report is certified.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
Mayor Pro Tempore Hitchcock made a motion, second by Council Member Mounce, to adopt
Resolution No. 2010-21 certifying the final Environmental Impact Report, including a placeholder
for San Joaquin Delta College.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hitchcock, and
Mayor Katzakian
Noes: Council Member Hansen
Absent: None
I. Communications
1-1 Claims Filed Against the City of Lodi - None
1-2 Appointments - None
1-3 Miscellaneous
a) Monthly Protocol Account Report (CLK)
Council Member Mounce made a motion, second by Mayor Pro Tempore Hitchcock, to accept the
cumulative Monthly Protocol Account Report through January 31, 2010.
U
Continued February 17, 2010
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
J. Regular Calendar
J-1 Receive Report on Drinkina Water Chlorination (PW
City Manager King briefly introduced the subject matter of the report regarding drinking water
chlorination.
Deputy Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the
report regarding drinking water chlorination. Specific topics of discussion included background,
annual positive total coliform samples, new drinking water regulations, sample sites, and
chlorination plan.
In response to Mayor Pro Tempore Hitchcock, Mr. Swimley reviewed the location of the well sites
on an aerial view map, stating the well locations were evenly distributed throughout the City.
In response to Mayor Pro Tempore Hitchcock, Mr. Swimley stated some chlorination has already
been happening and the amount is increasing slightly due to new State requirements for testing.
A brief discussion occurred between Mayor Pro Tempore Hitchcock and Mr. Swimley regarding
the lack of complaints received, cost of approximately $900 for a violation, and the cost of not
chlorinating versus the cost of violations.
In response to Council Member Johnson, Mr. Swimley stated the chlorination may be keeping the
number of complaints down and of the seven complaints some were inquiries and four were
commercial. Mr. Swimley stated proper notification would be given if the City were to do any
aggressive chlorination.
J-2 Consider the Following Actions Regarding the California High -Speed and Regional Rail
Program: (a) Direct Staff to Prepare Letter Confirming City's Desire to Have Union Pacific
Corridor Alignment Considered Through Lodi, and (b) Authorize Mayor to Send Letter
Supporting Merced County's Request for High -Speed Rail Heavy Maintenance Facility at
the Former Castle Air Force Base (CD)
City Manager King and Community Development Director Rad Bartlam provided a brief overview
of the proposed recommended action with respect to authorizing the City's support for the high
speed and regional rail programs as discussed at the Shirtsleeve Session of February 9, 2010.
Council Member Mounce made a motion, second by Council Member Hansen, to direct staff to
prepare letter confirming City's desire to have Union Pacific corridor alignment considered
through Lodi and to authorize the Mayor to send letter supporting Merced County's request for
High -Speed Rail Heavy Maintenance Facility at the former Castle Air Force Base.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
I
Continued February 17, 2010
Noes: None
Absent: None
J-3 Adopt Resolution Setting the City of Lodi Electric Utility Energy Efficiency Program 10 -Year
Target (EUD)
City Manager King briefly introduced the subject matter of the energy efficiency program ten-year
target.
Customer Services and Programs Manager Rob Lechner provided a brief presentation regarding
the ten-year target for the energy efficiency program. Specific topics of discussion included
legislative history of AB 2021 and AB 1890, first ten-year goal of 2007, requirement to review
goals every three years, proposed new goal numbers, continuing existing programs, concerns
about saturation, and expansion of numbers consistent with public benefit funding.
In response to Mayor Pro Tempore Hitchcock, Mr. Lechner stated it is somewhat difficult to
review the goal numbers because the City must balance the State requirements while
continuously working on the goals.
Council Member Mounce made a motion, second by Council Member Johnson, to adopt
Resolution No. 2010-22 setting the City of Lodi Electric Utility Energy Efficiency Program 10 -Year
Target.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Hitchcock, and Mayor Katzakian
Noes: None
Absent: None
K. Ordinances - None
L. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 11:46 p.m.
ATTEST:
Randi Johl
City Clerk
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