HomeMy WebLinkAboutMinutes - April 6, 2011LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 6, 2011
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of April 6, 2011, was called to order by Mayor Johnson
at 5:30 p.m.
Present: Council Member Hansen, Council Member Katzakian, Mayor Pro Tempore Mounce,
and Mayor Johnson
Absent: Council Member Nakanishi
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
b) Actual Litigation: Government Code §54956.9; Three Applications - Elizabeth Barney v.
City of Lodi, ADJ7110885 - 7/09/09, Unassigned Cases - 11/06/09 and 09/10/10: One
Application - William Broderick v. City of Lodi, ADJ7619600 - 01/23/10: One Application -
Virginia Elder v. City of Lodi. ADJ895653 - 12/12/07: One Application - Bonnie Garcia v.
City of Lodi, Unassigned Case - 03/21/08: One Application - Curtis Gokey v. City of Lodi,
ADJ4360240 - 12/31/05; One Application - Gregory Hayden v. City of Lodi, STK214337 -
03/10/08: One Application - Kari Locaso v. City of Lodi, ADJ7194880 - 07/18/08: One
Application - Shana Lopez v. City of Lodi, Unassigned Case - 07/27/04; One Application -
Sherry Moroz v. City of Lodi, STK0201965 - 10/20/05: One Application - Alonzo Powell v.
City of Lodi, STK0201699 - 11/22/02; Six Applications - Reba Ridino v. City of Lodi,
STK0214846 - 09/01/94: STK0214844 - 08/24/98, STK0214843 - 12/20/05, STK0214853 -
03/26/06, Unassigned Case - 12/03/06, STK0214842 - 05/29/07; Seven Applications -
Vicky Whetstone v. City of Lodi, STK0187121 - 06/01/00, STK0187122 - 06/18/02,
STK0187125 - 03/13/03, STK0187124 - 11/20/03, STK0187123 - 12/03/03, Unassigned
Case - 02/28/07, STK0210955 - 06/26/07
c) Pending Litigation: Government Code 454956.9(x); One Case; Dean Newhall v. City of
Lodi. U.S. District Court. Eastern District of California. Case No. 2:11-CV-00579-GEB-KJN
C-3 Adjourn to Closed Session
At 5:30 p.m., Mayor Johnson 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 Open Session / Disclosure of Action
At 7:00 p.m., Mayor Johnson reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following actions.
Items C-2 (a), C-2 (b), and C-2 (c) were discussion only with no reportable action.
Continued April 6, 2011
A. Call to Order / Roll call
The Regular City Council meeting of April 6, 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 Sexual Assault Awareness Month Proclamation
Mayor Johnson presented a proclamation to Jazmin Hurtado, Sexual Assault Prevention
Specialist with the Women's Center of San Joaquin, proclaiming the month of April 2011 as
"Sexual Assault Awareness Month" in the City of Lodi.
B-2 Keep Lodi Beautiful Month Proclamation (CD)
Mayor Johnson presented a proclamation to Neighborhood Services Manager Joseph Wood and
Waste Management representative Jennelle Bechthold proclaiming the month of April 2011 as
"Keep Lodi Beautiful Month" in the City of Lodi.
B-3 National Library Week Proclamation (LIB)
Mayor Johnson presented a proclamation to Nancy Martinez, Library Services Director,
proclaiming the week of April 10 - 16, 2011, as "National Library Week" in the City of Lodi.
B-4 Presentation of the Library Volunteer of the Year Award (LIB)
Caitlin Casey with the Library Board of Trustees presented the Library Volunteer of the Year
Award to Helen Gross.
C. Consent Calendar (Reading; Comments by the Public: Council Action)
Mayor Johnson made a motion, second by Mayor Pro Tempore Mounce, 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 $3,851,323.34 (FIN)
Claims were approved in the amount of $3,851,323.34.
C-2 Approve Minutes (CLK)
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Continued April 6, 2011
The minutes of March 15, 2011 (Shirtsleeve Session), March 15, 2011 (Special Meeting), March
16, 2011 (Special Meeting), March 22, 2011 (Shirtsleeve Session), and March 29, 2011
(Shirtsleeve Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Van Buskirk
Park Playground Replacement, 600 North Pleasant Avenue (PW)
Approved the plans and specifications and authorized advertisement for bids for Van Buskirk
Park Playground Replacement, 600 North Pleasant Avenue.
C-4 Approve Specifications and Authorize Advertisement for Bids for Extruded Thermoplastic
Lane Line Marking for Various City Streets (PW)
Approved the specifications and authorized advertisement for bids for extruded thermoplastic
lane line marking for various City streets.
C-5 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.
C-6 Adopt Resolution Rejecting Non -Responsive Bid from Advanced Striping and Equipment,
of Douglasville, Georgia, and Authorizing Purchase of Thermoplastic Equipment Trailer
with Pre -Melting Kettles from Mark Rite Lines Equipment Company, of Billings, Montana
($58,052.92) (PW)
Adopted Resolution No. 2011-42 rejecting non-responsive bid from Advanced Striping and
Equipment, of Douglasville, Georgia, and authorizing the purchase of thermoplastic equipment
trailer with pre -melting kettles from Mark Rite Lines Equipment Company, of Billings, Montana, in
the amount of $58,052.92.
C-7 Adopt Resolution Authorizing the City Manager to Execute Contract for 2011 Streets Crack
Sealing Project with American Asphalt Repair and Resurfacing Company, of Hayward
($42,788.13) (PW)
Adopted Resolution No. 2011-43 authorizing the City Manager to execute contract for 2011
Streets Crack Sealing Project with American Asphalt Repair and Resurfacing Company, of
Hayward, in the amount of $42,788.13.
C-8 Adopt Resolution Authorizing the City Manager to Execute Agreement with Calgon Carbon
Corporation, of Pittsburgh, for Change Out of Granular Activated Carbon ($204,780.50)
and Appropriating Funds ($20,000) (PW)
Adopted Resolution No. 2011-44 authorizing the City Manager to execute agreement with Calgon
Carbon Corporation, of Pittsburgh, for change out of granular activated carbon in the amount of
$204,780.50 and appropriating funds in the amount of $20,000.
C-9 Adopt Resolution Authorizing the City Manager to Execute Contract for Municipal Service
Center Parking Lot Improvement Project with A.M. Stephens Construction Company. Inc..
of Lodi ($183,456.85), and Appropriating Funds ($91,000) (PW)
Adopted Resolution No. 2011-45 authorizing the City Manager to execute contract for Municipal
Service Center Parking Lot Improvement Project with A.M. Stephens Construction Company,
Continued April 6, 2011
Inc., of Lodi, in the amount of $183,456.85, and appropriating funds in the amount of $91,000.
C-10 Adopt Resolution Rejecting Protest, Authorizing the City Manager to Execute Contract for
G -Basin (DeBenedetti Park) Stormwater Pumping Station Project with F & H Construction,
of Stockton ($1,746,000), and to Negotiate a Professional Services Agreement with Neil O.
Anderson & Associates. of Lodi, to Provide Construction Testing and Inspection Services
for G -Basin Storm Drain Related Projects (Not to Exceed $35,000) and Appropriating
Funds ($2,100,000) (PW)
Adopted Resolution No. 2011-46 rejecting protest, authorizing the City Manager to execute
contract for G -Basin (DeBenedetti Park) Stormwater Pumping Station Project with F & H
Construction, of Stockton, in the amount of $1,746,000, and to negotiate a Professional Services
Agreement with Neil O. Anderson & Associates, of Lodi, to provide construction testing and
inspection services for G -Basin storm drain related projects in an amount not to exceed $35,000
and appropriating funds in the amount of $2,100,000.
C-11 Adopt Resolution Approving the Agreement Between the City of Lodi and Spare Time, Inc..
dba Twin Arbors Athletic Club, for the Summer Swim League Program (PR)
Adopted Resolution No. 2011-47 approving the agreement between the City of Lodi and Spare
Time, Inc., dba Twin Arbors Athletic Club, for the Summer Swim League Program.
C-12 Adopt Resolution Approving and Agreeing to Abide by the California Disaster and Civil
Defense Master Mutual Aid Agreement (FD)
Adopted Resolution No. 2011-48 approving and agreeing to abide by the California Disaster and
Civil Defense Master Mutual Aid Agreement.
C-13 Adopt Resolution Approving Annual Renewal and Authorizing Payment of Shared
Automation Fee Structure for the Agreement Between City of Stockton and City of Lodi for
Use of the Stockton San Joaquin County Public Library-Sirsi, Corp., Integrated Library
System ($35,256.46) (LIB)
Adopted Resolution No. 2011-49 approving annual renewal and authorizing payment of shared
automation fee structure for the agreement between City of Stockton and City of Lodi for use of
the Stockton San Joaquin County Public Library-Sirsi, Corp., Integrated Library System in the
amount of $35,256.46.
C-14 Authorize City Attorney to Enter Retainer Agreement with Mark Berry of Mayall. Hurley,
Knutsen, Smith & Green, of Stockton, California, for Legal Services for Individually -Named
Officers in Newhall v City of Lodi (CA)
Authorized the City Attorney to enter retainer agreement with Mark Berry of Mayall, Hurley,
Knutsen, Smith & Green, of Stockton, California, for legal services for individually -named officers
in Newhall v City of Lodi.
C-15 Accept Improvements Under Contract for Municipal Service Center PBX Replacement
Project (PW)
Accepted the improvements under contract for Municipal Service Center PBX Replacement
Project.
C-16 Accept Improvements Under Contract for Lodi Avenue Reconstruction Project, Union
Pacific Railroad to Cherokee Lane (PW)
E
Continued April 6, 2011
Accepted the improvements under contract for Lodi Avenue Reconstruction Project, Union Pacific
Railroad to Cherokee Lane.
C-17 Approve Summer Transit Pass Reduced Fare (PW)
Approved the Summer Transit Pass Reduced Fare.
C-18 Adopt Resolution Approving Proposition 1 B Funding for 2011 Cape Seal Project
($889,600) (PW)
Adopted Resolution No. 2011-50 approving Proposition 1 B funding for 2011 Cape Seal Project in
the amount of $889,600.
C-19 Receive Report Regarding Final Costs for the November 2, 2010, General Municipal
Election (CLK)
Received the report regarding final costs for the November 2, 2010, General Municipal Election.
C-20 Authorize the Mayor, on Behalf of the City Council, to Send a Letter of Opposition to HR
1002 - Wireless Tax Fairness Act of 2011 (CLK)
Authorized the Mayor, on behalf of the City Council, to send a letter of opposition to HR 1002 -
Wireless Tax Fairness Act of 2011.
C-21 Adopt Resolution Rescinding Resolution Nos. 3312 and 3344 and Adopting and
Implementing Procedures for Administration of Employer -Employee Relations (CM)
Adopted Resolution No. 2011-51 rescinding Resolution Nos. 3312 and 3344 and adopting and
implementing procedures for administration of employer-employee relations.
C-22 Set Public Hearing for April 20, 2011, to Approve the Final 2011/12 Action Plan for the
Community Development Block Grant Program (CD)
Set public hearing for April 20, 2011, to approve the final 2011/12 Action Plan for the Community
Development Block Grant (CDBG) Program.
In response to Council Member Nakanishi, Mr. Bartlam stated the total amount of the CDBG
funding for the year is approximately $750,000.
C-23 Set Public Hearing for April 20, 2011, to Consider Approval of the Following Items. a)
Certify the South Hutchins Annexation Mitigated Negative Declaration as Adequate
Environmental Documentation for the Proposed South Hutchins Annexation Project; and b)
Approve the South Hutchins Annexation Project, which Includes an Annexation and Pre -
Zoning
Set public hearing for April 20, 2011, to consider approval of the following items: a) certify the
South Hutchins Annexation Mitigated Negative Declaration as adequate environmental
documentation for the proposed South Hutchins Annexation Project; and b) approve the South
Hutchins Annexation Project, which includes an annexation and pre -zoning.
C-24 Set Public Hearing for May 18, 2011, to Consider Adopting Resolution Setting Wastewater
Rates for Residential, Commercial, and Industrial Customers (PW)
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Continued April 6, 2011
Set public hearing for May 18, 2011, to consider adopting resolution setting wastewater rates for
residential, commercial, and industrial customers.
C-25 Set Public Hearing for May 18. 2011, to Introduce an Ordinance on Economic Incentive
Rate Discounts (EUD)
Set public hearing for May 18, 2011, to introduce an ordinance on economic incentive rate
discounts.
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 regarding his concerns about transportation availability for citizens to City
events and proactively raising rates where necessary.
Michael Warren spoke regarding his concerns about the Downtown Lodi Business Partnership
and its financial practices.
Ben Anderson spoke regarding raising awareness of the Lodi community feeling through an
agriculture planting program for volunteers.
E. Comments by the City Council Members on Non -Agenda Items
Council Member Nakanishi provided a status report on Community Development Block Grant
funding availability at the federal level and the likelihood of cuts to the program.
Council Member Hansen provided a status report regarding the Northern California Power
Agency Commission meeting and discussed budget and staffing level reductions and
the Highway 12 Project.
Mayor Pro Tempore Mounce asked staff to follow-up on the Valley Tool agreement for
improvement deferrals.
Mayor Johnson asked staff to follow-up on the lighting on School Street. Council Member Hansen
asked staff to follow-up on the lighting on Elm Street.
F. Comments by the City Manager on Non -Agenda Items
City Manager Bartlam reported that information regarding water meters was available on the
City's website.
G. Public Hearings - None
H. Communications
H-1 Post for One Vacancy on the Lodi Arts Commission (CLK�
Continued April 6, 2011
Mayor Pro Tempore Mounce made a motion, second by Mayor Johnson, to direct the City Clerk
to post for the following vacancy:
Lodi Arts Commission
J. Mark Hamilton, term to expire July 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 Library Board of Trustees and Lodi Animal Advisory Commission
CLK
Mayor Pro Tempore Mounce made a motion, second by Mayor Johnson, to make the following
appointments:
Library Board of Trustees
Terry Costa, term to expire June 30, 2013
Lodi Animal Advisory Commission
Hy Cohen, term to expire December 31, 2012
John Primasing, term to expire December 31, 2013
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 Repealing and Re-enacting Lodi Municipal Code Chapter 9.12,
"Fires, (Introduce) Firearms, and Fireworks," in its Entirety: Adding Chapter 9.13, "Sale of
Fireworks": and Further Amending Chapter 17.78, "Certificates of Occupancy," by Adding
Section 17.78.050,"Temporary Event Permits" (CA)
City Attorney Schwabauer provided a brief overview of the proposed ordinance as set forth in the
staff report.
In response to Council Member Hansen, Mr. Schwabauer stated the proposed ordinance applies
to safe and sane fireworks only and not anything that shoots in the air. He stated rules will be
posted at the stands and provided to purchasers.
In response to Council Member Hansen, Mr. Bartlam stated staff conservatively recommends four
stands instead of six, which is based on the one booth for every 10,000 people standard,
because the City does not have experience in this realm.
In response to Council Member Hansen, Mr. Schwabauer confirmed that if a group is picked in
the annual lottery for two years in a row it must sit out one year before participating again.
7
Continued April 6, 2011
In response to Council Member Hansen, Mr. Schwabauer stated the organization must qualify as
a state and/or federal charity to participate.
In response to Council Member Nakanishi, Mr. Bartlam stated staff can look into options for
publicizing the rules and regulations associated with safe and sane fireworks.
In response to Council Member Nakanishi, Mr. Schwabauer stated the pro rata share is based on
actual costs in the reimbursement agreement based on the number of charities participating.
In response to Council Member Nakanishi, Mr. Bartlam stated to date he has not received any
negative comments from citizens regarding safe and sane fireworks.
In response to Mayor Pro Tempore Mounce, Mr. Bartlam stated page 10 of the proposed
ordinance sets forth the requirements for booth locations including the need for proper curbs and
sidewalks.
In response to Council Member Katzakian, Mr. Bartlam stated the booth locations will be limited
to certain zoning designations but not to specific streets.
In response to Council Member Katzakian, Mr. Bartlam stated based on recent information he
believes there are approximately 300 charities in the City.
The following individuals spoke in support of the proposed ordinance based on potential benefit
to the non-profit organizations in the City:
Ron Bendell, Glory Foundation
Richard Jones, Boys and Girls Club
Steven Bojorques, Red Circle
Dennis Revell, TNT Fireworks
Jeff Tracy, Tokay High School Athletics
Robin Rushing
Drew Quagy, Boy Scouts of America
Elizabeth Westfall, Project Thank You
Steve Cooper, Boy Scouts of America
In response to Mayor Johnson, Mr. Schwabauer stated the proposed ordinance allows for joint
applications and the State law sets the dates of sale.
In response to Council Member Hansen, Mr. Bartlam stated the City is a little less than 13 square
miles.
Mayor Pro Tempore Mounce made a motion, second by Council Member Nakanishi, to introduce
Ordinance No. 1844 repealing and re-enacting Lodi Municipal Code Chapter 9.12, "Fires,
Firearms, and Fireworks," in its entirety; adding Chapter 9.13, "Sale of Fireworks"; and further
amending Chapter 17.78, "Certificates of Occupancy," by adding Section 17.78.050,"Temporary
Event Permits" with the caveat that the City permit a total of six booths.
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
U
Continued April 6, 2011
1-2 Adopt Resolution Ratifying Employment Agreement Entered into Between the City of Lodi
and James M. Rodems (CM)
City Manager Bartlam provided a brief overview of the item as set forth in the staff report.
Mayor Pro Tempore Mounce stated she would not be voting in favor of the agreement in light of
her previous history of voting against agreements with six-month severance pay clauses.
Elizabeth Westfall spoke in opposition to the proposed item in light of her concerns regarding
severance pay clauses.
Ron Bindell spoke in favor of the proposed item in light of private companies and contractors
having severance pay clauses.
Mayor Johnson made a motion, second by Council Member Hansen, to adopt Resolution
No. 2011-52 ratifying employment agreement entered into between the City of Lodi and
James M. Rodems.
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
J. Ordinances - None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:52 p.m.
ATTEST:
Randi Johl
City Clerk
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