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City Council Regular Meeting Minutes - November 7_ 2006

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City Council Regular Meeting Minutes - November 7_ 2006 Powered By Docstoc
					                                   CITY OF LATHROP
                            CITY COUNCIL REGULAR MEETING
                                   NOVEMBER 7, 2006
                             COUNCIL CHAMBERS, CITY HALL
                                 390 Towne Centre Drive
                                   Lathrop, CA 95330
                                       7:00 p.m.

                                              MINUTES

PLEASE NOTE: There was a Closed Session which commenced at 6:00 p.m.,
the Regular Agenda reconvened at 7:00 p.m.

1.     PRELIMINARY

       1.1     Call to Order – Mayor Rhodes called the meeting to order at 6:04 p.m.

               Roll Call:        Present: Mayor Rhodes, Mayor Pro Tem Sayles,
                                 Councilmembers: Dhaliwal, Dresser, and Oliver.

               1.1.1 CLOSED SESSION:
                     Conference with Legal Counsel: Anticipated Litigation –
                     Significant Exposure to Litigation Pursuant to Government Code
                     Section 54956.9(b)

                            •    Three Potential Cases

               1.1.2 CLOSED SESSION:
                     Conference with Legal Counsel: Existing Litigation Pursuant to
                     Government Code Section 54956.9(a)

                        •       21st Century Insurance Company v. Graziano et al. (San
                                Joaquin Superior Court Case No. MC 34443)

               1.1.3 CLOSED SESSION:
                     Conference with Legal Counsel: Existing Litigation Pursuant to
                     Government Code Section 54956.9(a)

                        •       Hartford Property and Casualty Company v. City of Lathrop
                                (San Joaquin Superior Court Case No. CV 030605)

               1.1.4 CLOSED SESSION:
                     Conference with Real Property Negotiator Pursuant to
                     Government Code Section 54956.8 for the following property:
                     Property: 16175 S. McKinley Avenue, Lathrop CA
                     Agency Negotiator: Ron Palmquist
                     Negotiating Party: Rafael M. and Frances Sandoval
                     Under Negotiation: Price and/or Terms of Payment


November 7, 2006                    Lathrop City Council Regular Meeting Minutes         Page 1
               RECONVENE – Mayor Rhodes reconvened the meeting at 7:00 p.m.

               1.1.5 Report Out From Closed Session

                      Interim City Attorney John Stovall reported on Item 1.1.2 the
                      City Council accepted the $4,000 settlement offer (5-0). There
                      were no other reports.

       1.2     Roll Call    Present: Mayor Rhodes; Mayor Pro Tem Sayles;
                            Councilmembers: Dhaliwal, Dresser and Oliver.

       1.3     Invocation – Councilmember Oliver gave the invocation.

       1.4     Pledge of Allegiance – Mayor Rhodes led the pledge of allegiance.

       1.5     Announcement(s) by Mayor / Interim City Manager – None.

       1.6     Declaration of Conflict(s) of Interest – None.

2.     PRESENTATIONS

       2.1     INTRODUCTION OF NEW EMPLOYEES:
                  • Phil Ciralsky, Senior Engineer
                  • Lane Avila, Code Compliance Officer

       2.2     PRESENTATION: Mosquito and Vector Control District Update on
               Statistics for the Season and Prevention by Mario Gravina

3.     CITIZEN’S FORUM

       Terry Wilson (744 Jonquil Dr., Lathrop) spoke expressed various concerns
       relating to recreational vehicles ordinance. Arnita Montiel (16197 7th St.,
       Lathrop) spoke regarding Rededication Event for Ernie Tafoya Field
       postponement to be held on November 18, 2006, at 10:00 a.m. Leroy Griffith
       (865 Thomsen Rd., Lathrop) spoke expressing various concerns relating to
       City staff, campaigns, code enforcement issues and Ernie Tafoya Field
       Rededication Event. There were no other speakers.

4.     CONSENT CALENDAR

       4.1     WAIVING OF READING

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council waived the reading of Ordinances and
               Resolutions on tonight’s agenda unless otherwise requested by the
               Mayor or a Councilmember.




November 7, 2006               Lathrop City Council Regular Meeting Minutes        Page 2
               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.2     APPROVAL OF MINUTES

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council approved the minutes for the Special Meeting
               and Study Session of October 24, 2006, Special City Council/Planning
               Commission Joint Meeting of October 25, 2006, and Special Meeting and
               Study Session of October 28, 2006.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.3     TREASURER’S REPORT FOR SEPTEMBER 2006

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council approved the Treasurer’s Report for
               September 2006.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.4     BUDGET SCHEDULE FOR FISCAL YEAR (FY) 2007-2008

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council approved the Budget Schedule for FY 2007-
               2008.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       *4.5    FIREWORKS ORDINANCE

               Interim City Attorney discussed two minor changes to the ordinance on
               Page 7, second line, after ‘may,’ to add ‘subject to the requirements of
               State law,’ and on Page 7, under Section 6, second line, after ‘full’ to

November 7, 2006               Lathrop City Council Regular Meeting Minutes         Page 3
               add ‘or have a summary published,’.

               Mayor Rhodes opened for public comment. Jim Monty (Lathrop-
               Manteca Fire Chief) and Dolores Delgado (Police Chief) both spoke in
               opposition of the ordinance expressing various concerns relating to fire
               hazards and dangers and public safety. Tony Martin and Cindy Martin
               (1141 Mingo Way, Lathrop) both spoke in opposition of the ordinance
               expressing various concerns. Leroy Griffith (865 Thomsen Rd.,
               Lathrop) spoke in support of the ordinance further expressing concerns
               that the results of the vote on this matter were being disregarded. Jim
               Montiel (16197 7th St., Lathrop) spoke in opposition of the ordinance
               expressing various concerns. Terry Wilson (744 Jonquil Rd., Lathrop)
               spoke in opposition of the ordinance expressing various concerns. Jim
               Monty (July 1st Committee) spoke explaining that the committee will
               continue to work on improving the fireworks show and providing a
               bigger and better display every year. There were no other speakers.
               Interim City Attorney John Stovall provided two letters of opposition to
               be entered into the record from the Lathrop-Manteca Fire Department
               and Police Department. Mayor Rhodes closed public comment. A
               question and answer period followed. Councilmembers commented on
               the matter.

               A motion was made by Councilmember Dresser to first read and
               introduce an Ordinance Repealing Chapter 8.12 (Fireworks) and
               Adopting Chapter 8.14 (Regulation of Fireworks) to Allow for the Sale,
               Use or Discharge of Fireworks. Motion failed due to lack of second.

               MOTION FAILED.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

               *(This item was removed from the Consent Calendar.)

       4.6     DELINQUENT UTILITY TURN OFFS

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2294 Allowing
               Uninterrupted Service for Delinquent Accounts Scheduled for Turn Off
               on December 12, 2006.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

November 7, 2006               Lathrop City Council Regular Meeting Minutes         Page 4
       4.7     CONSIDERATION OF PURCHASE AGREEMENTS FOR PROPERTIES
               ADJACENT TO LATHROP COMMUNITY CENTER

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2295 Authorizing
               the City Manager to Execute the Documents Necessary to Purchase
               Portions of the Properties Located at 967 and 985 Thomsen Road for
               Additional Parking at the Community Center and Make any Necessary
               Minor Modifications to Achieve the Intent of the Council and
               Transferring the Sum of up to $95,000 for the Property Purchase and
               Related Closing Costs.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.8     FARMING SERVICES AGREEMENT WITH GEORGE PERRY AND SONS,
               INC.

               Supplemental information was received on this matter.

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2296 Authorizing
               the City Manager to Sign a Farming Services Agreement with George
               Perry and Sons, Inc. for the Disposal of Recycled Water from the WRP-
               1 MBR Expansion Facility at the River Islands Land Application Areas,
               as amended.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.9     HARRIS & ASSOCIATES AMENDMENT NO. 1 TO TASK ORDER NO. 13

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2297 Approving
               Amendment No. 1 to Task Order No. 13 to Harris & Associates, Inc. for
               Engineering Design Services for McKinley Avenue Sanitary Sewer and
               Lift Station Project (WW 04-12).

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

November 7, 2006              Lathrop City Council Regular Meeting Minutes        Page 5
       4.10    AWARD JANITORIAL SERVICES CONTRACT TO IMPERIAL
               MAINTENANCE SERVICES

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2298 Awarding a
               Janitorial Services Contract to Imperial Maintenance Services and
               Authorizing the City Manager to Execute a Contract with Imperial
               Maintenance Services for Janitorial Services.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.11    APPROVAL OF FINAL MAP AND AGREEMENTS FOR TRACT 3438

               Supplemental information was received on this matter.

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2299 Approving
               the Final Map for Tract 3438, a 78 Single Family Lot Subdivision, and
               Authorizing the City Manager to Execute a Subdivision Improvement
               Agreement with KB Home and Park Agreement with TCN Properties, as
               amended.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.12    APPROVAL OF FINAL MAP AND AGREEMENTS FOR TRACT 3073

               Supplemental information was received on this matter.

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2300 Approving
               the Final Map for Tract 3073, a 24 Single Family Lot Subdivision and
               Authorizing the City Manager to Execute a Subdivision Improvement
               Agreement with KB Home and Two Park Agreements with TCN
               Properties, as amended.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.


November 7, 2006              Lathrop City Council Regular Meeting Minutes            Page 6
       4.13    ACCEPT PAVEMENT RE-STRIPING AND MARKING PROJECT (PS 05-04)
               AND ISSUE NOTICE OF COMPLETION

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2301 Authorizing
               the City Manager to Accept the Pavement Re-Striping and Marking
               Project (PS 05-04), File Notice of Completion, and Authorize Release of
               Retention 35 Days from Date of Recordation of the Notice of
               Completion.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.14    APPROVE A CONTRACT CHANGE ORDER TO THE WRP-1 OPERATIONS
               AND MAINTENANCE AGREEMENT WITH VEOLIA FOR POND E

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2302 Authorizing
               the City Manager to Approve a Contract Change Order to the WRP-1
               Operation and Maintenance Agreement with Veolia for Pond E.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.15    VEOLIA CONTRACT CHANGE ORDER NO. 21 FOR WRP-1 MBR
               EXPANSION FINAL BOND EXTENSION

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2303 Authorizing
               the City Manager to Approve Contract Change Order No. 21 to the
               Design and Construction Agreement with Veolia for the WRP-1 MBR
               Expansion Project (WW 01-21) Final Bond Extension.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.




November 7, 2006              Lathrop City Council Regular Meeting Minutes         Page 7
       4.16    APPROVAL OF FINAL MAP AND AGREEMENT FOR TRACT 3447

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2304 Approving
               the Final Map for Tract 3447, a 41 Single Family Lot Subdivision and
               Authorizing the City Manager to Execute a Subdivision Improvement
               Agreement with KB Home.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.17    MOSSDALE VILLAGE CFD 2003-1 ANNEXATION NO. 3

               Supplemental information was received on this matter.

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council:
               1. Adopted Resolution No. 06-2305 Declaring its Intention to Annex
                  Territory to the Mossdale Village Community Facilities District No.
                  2003-1, and Intention to Authorize the Levy of Special Taxes
                  Therin; and
               2. Set a Public Hearing for December 19, 2006.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

       4.18    INCREASE APPROPRIATION FOR OFFICE OF TRAFFIC SAFETY (OTS)
               GRANT – SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)

               On a motion by Mayor Pro Tem Sayles, seconded by Councilmember
               Dresser, the City Council adopted Resolution No. 06-2306 Approving
               Budget Amendment for the Office of Traffic Safety Selective Traffic
               Enforcement Program.

               Ayes:         Mayor Rhodes, Mayor Pro Tem Sayles,
                             Councilmembers: Dhaliwal, Dresser and Oliver.
               Noes:         None.
               Absent:       None.
               Abstain:      None.

5.     SCHEDULED ITEMS – None.

6.     CITY ATTORNEY REPORTS – None.

November 7, 2006               Lathrop City Council Regular Meeting Minutes             Page 8
7.     CITY MANAGER REPORTS – None.

8.     COUNCIL COMMUNICATIONS

       8.1     Council Referrals – None.

       8.2     Mayor Comment(s) and Report(s)

               Mayor Rhodes commented on various meetings and events.

       8.3     Councilmember Comment(s) and Report(s)

               Councilmembers commented on various meetings and events.

9.     ADJOURNMENT – There being no further business, Mayor Rhodes adjourned
       the meeting at 8:09 p.m.



                                           ________________________________
                                           Rick Caldeira, City Clerk




November 7, 2006              Lathrop City Council Regular Meeting Minutes   Page 9

				
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