HomeMy WebLinkAboutMinutes - March 2, 2011LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 2, 2011
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of March 2, 2011, was called to order by Mayor
Johnson at 5:30 p.m.
Present: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
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 5:30 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matter. The Closed Session adjourned at 6:55 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 March 2, 2011, was called to order by Mayor Johnson at
7:00 p.m.
Present: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
B. Presentations - None
C. Consent Calendar (Reading; Comments by the Public: Council Action)
Mayor Johnson made a motion, second by Council Member Katzakian, to approve the following
items hereinafter set forth, except those otherwise noted, in accordance with the report and
recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Continued March 2, 2011
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
C-1 Receive Register of Claims in the Amount of $2,531,625.87 (FIN)
Claims were approved in the amount of $2,531,625.87.
C-2 Approve Minutes (CLK)
The minutes of February 15, 2011 (Shirtsleeve Session) and February 22, 2011 (Shirtsleeve
Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for 2011 Streets
Crack Sealing Contract (PW)
Approved the plans and specifications and authorized advertisement for bids for 2011 Streets
Crack Sealing Contract.
C-4 Approve Specifications and Authorize Advertisement for Bids for Maintenance of Lodi
Consolidated Landscape Maintenance Assessment District No. 2003-1, Fiscal Year
2011/12 (PW)
Approved the specifications and authorized advertisement for bids for maintenance of Lodi
Consolidated Landscape Maintenance Assessment District No. 2003-1, Fiscal Year 2011/12.
C-5 Approve Specifications and Authorize Advertisement for Bids for Tree Trimming for Fiscal
Year 2011/12 (PW)
Approved the specifications and authorized advertisement for bids for Tree Trimming for Fiscal
Year 2011/12.
C-6 Approve Specifications and Authorize Advertisement for Bids for Curb, Gutter, and
Sidewalk Replacement Annual Contract for Fiscal Year 2011/12 (PW)
Approved the specifications and authorized advertisement for bids for Curb, Gutter, and Sidewalk
Replacement Annual Contract for Fiscal Year 2011/12.
C-7 Approve Specifications and Authorize Advertisement for Bids for 100.000 Feet of Insulated
Underground Cable (EUD)
Approved the specifications and authorized advertisement for bids for 100,000 feet of insulated
underground cable.
C-8 Adopt Resolution Authorizing the City Manager to Execute Contract for Municipal Service
Center Shop Decommissioning Project with Diede Construction, of Woodbridge ($44,675),
and Appropriating Funds ($5,000) (PW)
Adopted Resolution No. 2011-25 authorizing the City Manager to execute contract for Municipal
Service Center Shop Decommissioning Project with Diede Construction, of Woodbridge, in the
amount of $44,675, and appropriating funds in the amount of $5,000.
C-9 Authorize the City Manager to Execute Revised Lease of 111 North Stockton Street, Suite
B (Formerly Jazzercise), to P & K Fitness of Lodi (CA)
N
Continued March 2, 2011
Authorized the City Manager to execute revised lease of 111 North Stockton Street, Suite B
(formerly Jazzercise), to P & K Fitness of Lodi.
C-10 Authorize City Manager to Execute Partial Assignment and Assumption of the Reynolds
Ranch Development Agreement from San Joaquin Valley Land Company. LLC to Skinner
Ranch Holdings, LP (CA)
Authorized the City Manager to execute Partial Assignment and Assumption of the Reynolds
Ranch Development Agreement from San Joaquin Valley Land Company, LLC to Skinner Ranch
Holdings, LP.
C-11 Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with
the Government Code and the City's Records Management Policy (CLK)
This item was pulled for further discussion by Council Member Nakanishi.
In response to Council Member Nakanishi, City Clerk Johl stated that a list of the records to be
destroyed is attached to the staff report, all records have been maintained and destroyed
pursuant to the City's Records Retention Policy, which adopts the Secretary of State's
Guidelines, and the City Attorney has reviewed the records to determine appropriate retention
periods and applicable statutes.
Council Member Nakanishi made a motion, second by Mayor Johnson, to adopt Resolution
No. 2011-26 authorizing the destruction of certain Citywide records in accordance with the
Government Code and the City's Records Management Policy.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
C-12 Set Public Hearing for March 16, 2011, to Approve the Draft 2011/12 Action Plan for the
Community Development Block Grant Program (CD)
Set public hearing for March 16, 2011, to approve the Draft 2011/12 Action Plan for the
Community Development Block Grant Program.
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 (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 placement on a future City Council agenda.
Robin Rushing spoke in regard to his frustration with the City Council's recent decision making
and apologized for his harsh tone during the last meeting.
E. Comments by the City Council Members on Non -Agenda Items
Continued March 2, 2011
Mayor Johnson stated he was sorry to see that John Borelli's business downtown was closing.
He also stated he was looking forward to Lodi's 1st Annual Taco Truck Cook -off, which will be
coordinated by the Art In Public Places group.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings - None
H. Communications
H-1 Post for Expiring Terms and Vacancies on the Greater Lodi Area Youth Commission, Lodi
Arts Commission, and Site Plan and Architectural Review Committee (CLK)
Council Member Nakanishi made a motion, second by Mayor Johnson, to direct the City Clerk to
post for the following expiring terms and vacancies:
Greater Lodi Area Youth Commission
ADULT ADVISORS:
Nicole Grauman, term to expire May 31, 2011
Joseph Price, term to expire May 31, 2011
STUDENT MEMBERS:
Deyanira Nava, term to expire May 31, 2011
Mandy Majidian, term to expire May 31, 2011
Derek Schatz, term to expire May 31, 2011
Jason Larkin, term to expire May 31, 2011
Ranjot Basram, term to expire May 31, 2012
Lodi Arts Commission
One Vacancy, term to expire July 1, 2012
One Vacancy, term to expire July 1, 2013
Site Plan and Architectural Review Committee
Reyes Jaramillo, term to expire January 1, 2012
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
I. Regular Calendar
1-1 Adopt Resolution Approving the Cellular Phone Policy (CM)
Management Analyst Jeff Hood provided a brief presentation regarding the proposed cell phone
policy as outlined in the staff report. Specific topics of discussion included the types of phones
and plans to be used, departmental approval process for issuance and use of phones,
and options associated with stipends and receiving reimbursements.
In response to Mayor Johnson, City Manager Bartlam stated the approval of the cell phone policy
will begin the process associated with reviewing the need for the number and type of phones on a
E
Continued March 2, 2011
departmental basis and there will likely be a reduction in the number of phones in the near future.
Mayor Johnson made a motion, second by Council Member Katzakian, to adopt Resolution
No. 2011-27 approving the Cellular Phone Policy.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
1-2 Notice of Cost to Grant Two Years Additional Service Credit Under Government Code
Section 20903 (CMS
Human Resources Manager Dean Gualco provided a brief presentation regarding the two years
additional service credit under the Government Code as outlined in the relevant staff report.
In response to Council Member Nakanishi, Mr. Bartlam stated to date with previous incentive
offers the City has saved approximately $2.7 million and the actual savings from the proposed
offer will not be known until the number of employees accepting the offer is known.
In response to Mayor Johnson, Mr. Gualco stated staff has a good idea of who will be taking the
offer and the notice requires a 90 -day offer period per law even though the City may know very
soon who intends to accept.
In response to Mayor Johnson, Mr. Gualco stated the offer has to be made to an entire
classification even though some employees will not accept.
Del Kerlin spoke in regard to his concerns about the service credit not being offered to those in
enterprise funds. Mr. Bartlam indicated the offer is made to an employee classification with
consideration to the vacancy time period and some employees in enterprise funds are currently
listed on the notice.
1-3 Authorize the City Manager to Execute an Employment Agreement with Ray B. Samuels
for Interim Police Chief Services (CM)
City Manager Bartlam provided a brief overview of the proposed contract for interim police chief
services as outlined in the relevant staff report.
In response to Council Member Nakanishi, Mr. Bartlam stated the Interim Police Chief will be paid
on an hourly basis for a temporary period of time pending the permanent appointment of a Police
Chief and will receive no benefits.
Council Member Nakanishi requested general information regarding the anti -gang efforts of the
Police Department.
Council Member Nakanishi made a motion, second by Mayor Johnson, to authorize the City
Manager to execute an Employment Agreement with Ray B. Samuels for Interim Police Chief
services.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
5
Continued March 2, 2011
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
Ordinances
J-1 Adopt Ordinance No. 1843 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Title 9 - Public Peace. Morals, and Welfare - by Adding
Chapter 9.30, ?Medical Marijuana Dispensaries"' (CLK)
Robin Rushing spoke in opposition to the proposed ordinance for adoption based upon his
concerns regarding the need for medical marijuana and the financial benefit to the community.
Mayor Johnson made a motion, second by Council Member Katzakian, (following reading of the
title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1843
entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title
9 - Public Peace, Morals, and Welfare - by Adding Chapter 9.30, 'Medical Marijuana
Dispensaries,"' which was introduced at a regular meeting of the Lodi City Council held February
16, 2011.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: Council Member Hansen, and Mayor Pro Tempore Mounce
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
7:55 p.m.
ATTEST:
Randi Johl
City Clerk