HomeMy WebLinkAboutMinutes - February 16, 2011LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 16, 2011
.�it�F11[i•��]TCaiI:t•71[�F11
The City Council Closed Session meeting of February 16, 2011, was called to order by Mayor
Johnson at 6:45 p.m.
Present: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi,
Mayor Pro Tempore Mounce, and Mayor Johnson
Absent: None
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
C-2 Announcement of Closed Session
a) Conference with Dean Gualco, Human Resources Manager (Labor Negotiator), Regarding
Unrepresented Executive Management, Lodi City Mid -Management Association,
Unrepresented Confidential Employees, AFSCME General Services and Maintenance &
Operators, Police Mid -Managers, Lodi Police Officers Association, Lodi Police Dispatchers
Association, International Brotherhood of Electrical Workers, Fire Mid -Managers, and Lodi
Professional Firefighters Pursuant to Government Code §54957.6
C-3 Adjourn to Closed Session
At 6:45 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matter. The Closed Session adjourned at 7:00 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Johnson reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following action.
Item C-2 (a) was discussion only with no reportable action.
A. Call to Order / Roll call
The Regular City Council meeting of February 16, 2011, was called to order by Mayor Johnson at
7:00 p.m.
Present: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi,
Mayor Pro Tempore Mounce, and Mayor Johnson
Absent: None
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
B. Presentations
B-1 Stop Human Trafficking Proclamation
Mayor Johnson presented a proclamation to Joelle Gomez, Executive Director with the Women's
Center of San Joaquin County, and Beverly Lacy, President of Lodi Soroptimist International, in
support of an event to be held on Saturday, March 5, 2011, to "Stop Human Trafficking."
Continued February 16, 2011
B-2 Quarterly Update by the Greater Lodi Area Youth Commission (COM
Alex Maldonado, member of the Greater Lodi Area Youth Commission, gave an update on the
Commission's activities and accomplishments. Further, Mayor Johnson presented the following
Teen of the Month awards: Lauren Mulvanny, November 2010; Celeste Somera, December 2010;
and Lea Jones, January 2011.
C. Consent Calendar (Reading; Comments by the Public: Council Action)
Mayor Pro Tempore Mounce made a motion, second by Council Member Katzakian, to approve
the following items hereinafter set forth in accordance with the report and recommendation of the
City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
C-1 Receive Register of Claims in the Amount of $6,227,271.15 (FIN)
Claims were approved in the amount of $6,227,271.15.
C-2 Approve Minutes (CLK)
The minutes of February 1, 2011 (Shirtsleeve Session), February 2, 2011 (Regular Meeting), and
February 8, 2011 (Shirtsleeve Session) were approved as written.
C-3 Accept the Quarterly Investment Report as Required by Government Code Section 53646
and the City of Lodi Investment Policy(CM)
Accepted the Quarterly Investment Report as required by Government Code Section 53646 and
the City of Lodi Investment Policy.
C-4 Accept Quarterly Report of Purchases Between $5,000 and $20,000 (CM)
Accepted the quarterly report of purchases between $5,000 and $20,000.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for the Phased
Removal and Replacement of 39 Raywood Ash Trees on Lower Sacramento Road
Between Elm Street and Tejon Street (PW)
Approved the plans and specifications and authorized advertisement for bids for the phased
removal and replacement of 39 Raywood Ash trees on Lower Sacramento Road between Elm
Street and Tejon Street.
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for G -Basin
(DeBenedetti Park) Stormwater Pump Station (PW)
Approved the plans and specifications and authorized advertisement for bids for G -Basin
(DeBenedetti Park) Stormwater Pump Station.
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for Municipal
N
Continued February 16, 2011
Service Center Parking Lot Improvements Project (PW)
Approved the plans and specifications and authorized advertisement for bids for Municipal
Service Center Parking Lot Improvements Project.
In response to Council Member Nakanishi, Public Works Director Wally Sandelin stated the
parking lot was last improved approximately 20 years ago.
C-8 Approve Specifications and Authorize Advertisement for Bids for Standby Generator
Maintenance and Repair Contract (PW)
Approved the specifications and authorized advertisement for bids for Standby Generator
Maintenance and Repair Contract.
C-9 Approve Specifications and Authorize Advertisement for Bids for Thermoplastic Equipment
Trailer with Pre -Melting Kettles (PW)
Approved the specifications and authorized advertisement for bids for thermoplastic equipment
trailer with pre -melting kettles.
C-10 Adopt Resolution Rejecting All Bids for the Grounding and Fusing of City Streetlight
System in Grid A (EUD)
Adopted Resolution No. 2011-15 rejecting all bids for the grounding and fusing of City streetlight
system in Grid A.
C-11 Adopt Resolution Approving the Purchase of Padmount Transformers from HEES
Enterprises. Inc., of Astoria. OR, and Howard Industries. Inc., of Laurel. MS ($214,197.27)
EUD
Adopted Resolution No. 2011-16 approving the purchase of padmount transformers from HEES
Enterprises, Inc., of Astoria, OR, and Howard Industries, Inc., of Laurel, MS, in the amount of
$214,197.27.
C-12 Adopt Resolution Approving the Purchase of Polemount Transformers from HEES
Enterprises, Inc., of Astoria, OR ($64,850.90)(EUD)
Adopted Resolution No. 2011-17 approving the purchase of polemount transformers from HEES
Enterprises, Inc., of Astoria, OR, in the amount of $64,850.90.
C-13 Adopt Resolution Approving Contract Change Order for Annual Curb, Gutter, and Sidewalk
Replacement Contract with Jeff Case Construction Company, of Galt, for 2010/11 and
Appropriating Additional Funds ($50,000)(PW)
Adopted Resolution No. 2011-18 approving contract change order for Annual Curb, Gutter, and
Sidewalk Replacement Contract with Jeff Case Construction Company, of Galt, for 2010/11 and
appropriating additional funds in the amount of $50,000.
C-14 Authorize the City Manager to Execute Renewal and Amendment to Service Agreement
Contract with the San Joaquin County Sheriff's Office for Community Corps for the Period
April 1, 2011 Through June 30, 2012 (PR)
Authorized the City Manager to execute renewal and amendment to service agreement contract
with the San Joaquin County Sheriff's Office for Community Corps for the period April 1, 2011
Continued February 16, 2011
through June 30, 2012.
In response to Council Member Nakanishi, Parks Superintendent Steve Dutra stated the City has
been utilitzing the service for approximately 15 years.
C-15 Adopt Resolution Authorizing the City Manager to Transfer Funds to the Sacramento
Municipal Utility District for the Youth Energy Summit Program (EUM
Adopted Resolution No. 2011-19 authorizing the City Manager to transfer funds to the
Sacramento Municipal Utility District for the Youth Energy Summit Program.
In response to Council Member Nakanishi, Electric Utility Director Elizabeth Kirkley stated the
State mandates that 2.85% of utility revenues be spent on various public benefit programs.
C-16 Set Public Hearing for March 16. 2011, to Consider Resolution Approving Contractual
Consumer Price Index Based Annual Adjustment to Rates for Solid Waste Collection (PW)
Set public hearing for March 16, 2011, to consider resolution approving contractual Consumer
Price Index based annual adjustment to rates for solid waste collection.
D. 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.
City Manager Rad Bartlam provided a brief overview of the recent email traffic received in regard
to the pool at Hutchins Street Square. Mr. Bartlam stated contrary to reports, the pool is not being
closed permanently and programs are not being cut. He stated the pool will be closed at some
time in the future for needed improvements only. Mr. Bartlam stated he is also meeting with
the Hutchins Street Square Foundation to discuss maintenance concerns.
The following individuals spoke in regard to the pool at Hutchins Street Square based on their
concerns regarding maintenance and upkeep of the pool and potential personnel changes at the
pool: Dee Philips, Norman Fletcher, Hank Wright, Pauline Meyer, Harold Bell, Stacy
Westerlin, Tom Noir, Elsa Hilstrum, Kelly White-Keagy, and Winifred Mitchell.
Vincent Sayles spoke in regard to the benefits associated with exercising using the trampoline.
Hy Cohen commended the City Clerk's office and specifically Assistant City Clerk Jennifer
Robison on her efforts in providing him relevant information as a new resident.
E. Comments by the City Council Members on Non -Agenda Items
Council Member Hansen commended those associated with the successful performance of
"In the Mood" at Hutchins Street Square.
Mayor Pro Tempore Mounce provided a brief update regarding the League of California Cities
and its efforts to oppose the Governor's proposed elimination of redevelopment.
E
Continued February 16, 2011
Council Member Nakanishi urged the citizens to submit their names for consideration in regard to
the Grand Jury nominations.
Mayor Johnson urged the Council to attend the City Manager's Budget Strategy Workshop as
observers and suggested the City monitor the American Medical Response contract extension
with the County, which proposes decreased services for Lodi.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearinas
G-1 Public Hearing to Consider Approval of an Amendment of the 2010/11 Action Plan and
Reallocation of Available Community Development Block Grant Program Funds (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 Johnson called for the public hearing to consider approval of
an amendment of the 2010/11 Action Plan and reallocation of available Community Development
Block Grant (CDBG) Program funds.
City Manager Rad Bartlam briefly introduced the subject matter of the proposed CDBG
reallocation.
Neighborhood Services Manager Joseph Wood provided a PowerPoint presentation regarding
the 2010 Action Plan reallocation of CDBG funding. Specific topics of discussion included the
proposed amendment, reallocation for two existing projects and one new project, water meter
installation project, graffiti abatement project, alley drainage improvements, and spay and neuter
programs.
In response to Mayor Pro Tempore Mounce, Mr. Wood stated CDBG stands for Community
Development Block Grant, which is federal funding received for specific projects in target areas.
In response to Council Member Nakanishi, Mr. Wood stated the City received $850,000 last year,
there was a public hearing and comment period before the original allocation, and any substantial
reallocation requires additional Council approval.
In response to Council Member Hansen, Mr. Bartlam stated the water meter program was
originally expected to cost more than $300 per resident, the intent was to subsidize the difference
to bring the higher amount down to $300, and now anyone in the City, not just those in the target
area, can pay the $300 in one lump sum or via a three-year repayment plan.
In response to Mayor Johnson, Deputy City Manager Jordan Ayers stated the $300 amount will
be billed separately through a stand alone invoice.
Mayor Pro Tempore Mounce made a motion, second by Council Member Hansen, to adopt
Resolution No. 2011-20 approving an amendment of the 2010/11 Action Plan and reallocation of
available Community Development Block Grant Program funds.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
5
Continued February 16, 2011
Absent: None
H. Communications
H-1 Post for ExDirina Terms on the Lodi Improvement Committee (CLK
Mayor Pro Tempore Mounce made a motion, second by Mayor Johnson, to direct the City Clerk
to post for the following expiring terms:
Lodi Improvement Committee
Reyes Jaramillo, term to expire March 1, 2011
Timothy Litton, term to expire March 1, 2011
Rosie Ortiz, term to expire March 1, 2011
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
H-2 Appointments to the Lodi Improvement Committee and Site Plan and Architectural Review
Committee (Q -LK)
Mayor Pro Tempore Mounce made a motion, second by Mayor Johnson, to make the following
appointments:
Lodi Improvement Committee
Lisa Nixon, term to expire March 1, 2012
Site Plan and Architectural Review Committee
Crystal Kirst, term to expire January 1, 2015
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
I. Regular Calendar
1-1 Introduce Ordinance Adding Chapter 9.30 to the Lodi Municipal Code Prohibiting the
Establishment and Operation of Medical Marijuana Dispensaries in the City of Lodi (CA)
Deputy City Attorney Magdich provided a brief overview of the proposed ordinance and the status
of the moratorium as outlined in the relevant staff report.
In response to Robin Rushing, Ms. Magdich stated under the proposed ordinance four friends
could not grow marijuana together as suggested, although individuals and caregivers may.
In response to Council Member Hansen, Ms. Magdich stated the law remains unsettled and
provided a brief review of the Oakland case and related Attorney General opinion.
Continued February 16, 2011
Mayor Johnson made a motion, second by Council Member Hansen, to introduce Ordinance
No. 1843 adding Chapter 9.30 to the Lodi Municipal Code prohibiting the establishment and
operation of medical marijuana dispensaries in the City of Lodi.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
1-2 Approve Contract and Art Pieces as Proposed by the Art Advisory Board for the Seward
Johnson Sculpture Exhibit for Display in Downtown Lodi from April 2011 through Mid -July
2011 and Appropriating Funds (COM)
Community Center Director Jim Rodems and Arts Coordinator Deanie Bridewell provided a brief
overview of the proposed sculpture exhibit for display in downtown Lodi as set forth in the
relevant staff report.
In response to Council Member Hansen, Mr. Rodems confirmed that the proposed funds to be
utilized for the exhibit are from development impact fees and the funds can only be used
for public art.
In response to Council Member Nakanishi, Mr. Bartlam stated no money has been received
recently for art in public places because of the decline in development. Mr. Bartlam stated
the percentage contribution on development activity for public art started approximately ten years
ago and during the height of activity the public art fund received approximately $40,000 to
$50,000 per year.
In response to Mayor Pro Tempore Mounce, Mr. Bartlam stated he will research and provide the
information requested regarding the Reynolds Ranch contribution to art in public places.
In response to Ralph Burgess, Mayor Johnson provided a quick overview of what Shirtsleeve
Sessions are, when they occur, and the type of information that is discussed.
Council Member Hansen made a motion, second by Council Member Katzakian, to approve
contract and art pieces as proposed by the Art Advisory Board for the Seward Johnson sculpture
exhibit for display in downtown Lodi from April 2011 through mid-July 2011 and appropriating
funds.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, and
Mayor Johnson
Noes: Mayor Pro Tempore Mounce
Absent: None
1-3 Adopt Resolution Approving Amendments to 2005 Americans with Disabilities Act
Transition Plan Related to Grape Bowl (PW)
Public Works Director Wally Sandelin provided a brief PowerPoint presentation regarding the
Grape Bowl Americans with Disabilities (ADA) Transition Plan utilizing the proposed map of the
facility illustrating the improvements.
7
Continued February 16, 2011
A brief discussion ensued amongst Council Member Hansen, Mr. Sandelin, and City Manager
Bartlam regarding the construction timing of the ADA restrooms, overall time for the proposed
ADA improvements of 3 to 6 months after construction starts, current availability of
funds, possible completion by Spring of next year, beginning the construction process last month,
and the order of the improvements for the restrooms, concessions, and ramps.
In response to Council Member Nakanishi, Mr. Sandelin stated that, if the project was expedited
to the extent suggested, the overall project cost may increase by 50% or more.
In response to Council Member Katzakian, Mr. Bartlam confirmed that the high school graduation
and football season may be a concern with respect to the proposed construction schedule for the
improvements.
In response to Mayor Johnson, Mr. Bartlam stated the proposed 18 -month time line includes
design, construction, and season considerations.
In response to Council Member Hansen, Mr. Rodems stated the facility is used by the City,
School District, youth football and soccer groups, a semi -pro football team, and there are some
drop-in uses.
Jack Fiore spoke in favor of the proposed ADA improvements and his desire to move the project
forward more quickly by making it more of a priority.
Council Member Hansen made a motion, second by Council Member Katzakian, to adopt
Resolution No. 2011-21 approving amendments to 2005 Americans with Disabilities Act
Transition Plan related to Grape Bowl.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
1-4 Adopt Resolutions Aoorovina Fiscal Year 2010/11 Mid -Year Budaet Adiustments (CM
Deputy City Manager Jordan Ayers provided a PowerPoint presentation regarding the 2010/11
mid -year budget review. Specific topics of discussion included the current economic climate,
General Fund overview including bright spots and detractors, departmental variances,
reallocations, Electric Utility and Parks and Recreation/Community Center proposed
reorganizations, and summary of proposed position changes.
In response to Council Member Hansen, Mr. Ayers stated the City received $45,000 in
reimbursement for SB 90 claims and next year the City could receive nothing in light of
the Governor's proposal to suspend these types of mandates.
In response to Council Member Hansen, Mr. Ayers and Mr. Bartlam stated the City Council
previously chose to accept overtime with respect to Battalion Chiefs by extending their existing
contract.
In response to Council Member Nakanishi, Mr. Bartlam stated if the City Council delays the
proposed recommendations associated with the Community Center/Parks and Recreation
merger, the cost difference for the current year is $123,000 and there is some consideration to be
given with the precedent that is being set for future similar decisions.
U
Continued February 16, 2011
In response to Council Member Nakanishi, Mr. Bartlam stated the changes proposed in the
Electric Utility Department affect primarily management employees, reliability and troubleshooting
services will remain in tact, and the proposed reorganization is more for efficiency purposes with
programs and services remaining the same.
In response to Mayor Pro Tempore Mounce, Mr. Bartlam stated the aquatics position could be
changed back to full-time again in the future if there was a need.
Council Member Hansen requested information regarding the participant numbers for the
aquatics program.
In response to Council Member Hansen, Mr. Bartlam stated tripling the entrance fee would still
not balance the revenues and expenditures for the aquatics program.
The following individuals spoke in support of maintaining the aquatics coordinator position as a
full-time position and not reducing the hours to part-time as proposed in the Community
Center/Parks and Recreation merger: Kimberly McClelland, Robin Rushing, John Fergueson,
Kelly White-Keagly, Stacy Westerlin, and an unidentified speaker.
In response to Council Member Hansen, Mr. Rodems stated there is no proposed reduction in
pool hours for class structure or operations.
In response to Council Member Hansen, Mr. Bartlam confirmed the savings for the remainder of
the year is $20,000 and a full -year savings is $106,000.
Discussion ensued amongst the City Council and City Manager regarding various options
associated with balancing the mid -year budget based on the recommendations and the reduction
in hours for the aquatics coordinator.
Mayor Johnson made a motion, second by Council Member Hansen, to adopt the following
resolutions:
Resolution No. 2011-22 amending the City of Lodi Financial Plan and Budget for the Fiscal Year
beginning July 1, 2010 and ending June 30, 2011;
Resolution No. 2011-23 approving the merger of the Parks and Recreation and Community
Center Departments; and
Resolution No. 2011-24 reorganizing the Electric Utility Department.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, and Mayor Johnson
Noes: Council Member Nakanishi, and Mayor Pro Tempore Mounce
Absent: None
1-5 Approve Implementation of a Standard City -Wide 9/80 Work Schedule for City Offices
��
City Manager Rad Bartlam provided a brief presentation regarding the proposed implementation
of a 9/80 schedule City-wide as outlined in the relevant staff report.
Mayor Pro Tempore Mounce made a motion, second by Council Member Hansen, to approve
I
Continued February 16, 2011
implementation of a standard City-wide 9/80 work schedule for City offices.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
Ordinances - None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
10:47 p.m., in memory of Jean Peterson, wife of former Lodi City Manager Tom Peterson, who
passed away on February 2, 2011.
ATTEST:
Randi Johl
City Clerk
10