HomeMy WebLinkAboutMinutes - October 19, 2011LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 19, 2011
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The City Council Closed Session meeting of October 19, 2011, was called to order by Mayor
Johnson at 5:30 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 Stephen Schwabauer, City Attorney, and Dean Gualco, Human
Resources Manager (Labor Negotiators), Regarding Unrepresented Executive
Management, Lodi City Mid -Management Association, Unrepresented Confidential
Employees, AFSCME General Services and Maintenance & Operators, International
Brotherhood of Electrical Workers, Fire Mid -Managers, and Lodi Professional Firefighters
Pursuant to Government Code §54957.6
b) Conference with Stephen Schwabauer, City Attorney (Labor Negotiator), Regarding Police
Mid -Managers, Lodi Police Officers Association, and Lodi Police Dispatchers Association
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
matters. The Closed Session adjourned at 6:40 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Johnson reconvened the City Council meeting, and Deputy City
Attorney Magdich disclosed the following actions.
Items C-2 (a) and C-2 (b) were discussion only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of October 19, 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, Deputy City Attorney Magdich, and City Clerk Johl
B. Presentations
B-1 Sandhill Crane Festival Proclamation
Continued October 19, 2011
Mayor Johnson presented a proclamation to Ken Nieland of the Lodi Sandhill Crane Association
in celebration of the Sandhill Crane Festival in the City of Lodi.
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, 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 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 $8.307.487.22 (FIN)
Claims were approved in the amount of $8,307,487.22.
C-2 Approve Minutes (CLK)
The minutes of October 4, 2011 (Shirtsleeve Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater
Main Rehabilitation Program (Project No. 5) (PW)
Approved the plans and specifications and authorized advertisement for bids for Wastewater
Main Rehabilitation Program (Project No. 5).
C-4 Approve Specifications and Authorize Advertisement for Bids for 2011 GrapeLine Bus Stop
Improvements (PW)
Approved the specifications and authorized advertisement for bids for 2011 GrapeLine Bus Stop
Improvements.
C-5 Approve Request for Proposals and Authorize Advertisement for Contract Services for the
Development and Implementation of a Climate Action Plan (CD)
Council Member Nakanishi pulled this item to vote in opposition based on his concern that the
law itself is not good for the economy, jobs, and businesses.
Tom Ruemmler spoke in favor of the proposed item, stating the implementation of the plan could
be done in a manner that is cost effective and friendly to the environment.
Greg Goehring spoke in opposition to the proposed item based on his concern that the original
law is based on faulty science and not in the best interest of the citizens.
Council Member Hansen made a motion, second by Mayor Johnson, to approve request for
proposals and authorize advertisement for contract services for the development and
implementation of a Climate Action Plan.
VOTE:
The above motion carried by the following vote:
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Continued October 19, 2011
Ayes: Council Member Hansen, Council Member Katzakian, Mayor Pro Tempore Mounce, and
Mayor Johnson
Noes: Council Member Nakanishi
Absent: None
C-6 Adopt Resolution Approving Purchase Order to A -Z Bus Sales, of Sacramento. for
Installation of Diesel Particulate Filters ($27,344.90)(PW)
Adopted Resolution No. 2011-157 approving the purchase order to A -Z Bus Sales, of
Sacramento, for installation of diesel particulate filters in the amount of $27,344.90.
C-7 Adopt Resolution Approving the Meter Maintenance Program Agreement, the Metering
Equipment Transfer Letter of Agreement. and Bill of Sale with Northern California Power
Agency and Authorizing Execution by the City Manager (EUD)
Adopted Resolution No. 2011-158 approving the Meter Maintenance Program Agreement, the
Metering Equipment Transfer Letter of Agreement, and Bill of Sale with Northern California Power
Agency and authorizing execution by the City Manager.
C-8 Adopt Resolution Approving Agreement with Casey Printing, Inc., of King City, for the
Production of Five Issues of the Lodi Community Activity Guide ($45,323)(PRCS)
Adopted Resolution No. 2011-159 approving the agreement with Casey Printing, Inc., of King
City, for the production of five issues of the Lodi Community Activity Guide in the amount of
$45,323.
C-9 Adopt Resolution Authorizing the City Manager to Execute One -Year Extension of
Contract with Dominguez Landscape Services. Inc.. of Sacramento. for City -Funded
Maintenance of Consolidated Landscaped Areas ($149,742.96)(PW)
Adopted Resolution No. 2011-160 authorizing the City Manager to execute one-year extension of
contract with Dominguez Landscape Services, Inc., of Sacramento, for City -funded maintenance
of consolidated landscaped areas in the amount of $149,742.96.
C-10 Adopt Resolution Authorizing the City Manager to Execute Contract Change Order with
West Coast Arborists, Inc., of Anaheim, for Tree Trimming Services ($30,000)(PW)
Adopted Resolution No. 2011-161 authorizing the City Manager to execute contract change order
with West Coast Arborists, Inc., of Anaheim, for tree trimming services in the amount of $30,000.
C-11 Adopt Resolution Authorizing the Lodi Police Department to Participate in a Traffic
Initiative Grant Funded by the Office of Traffic Safety and Appropriating Funds ($130,000)
tPD)
Adopted Resolution No. 2011-162 authorizing the Lodi Police Department to participate in a
Traffic Initiative Grant funded by the Office of Traffic Safety and appropriating funds in the amount
of $130,000.
C-12 Approve the City of Lodi's Arts Grants Submitted for the 2011/12 Fiscal Year (PRCS�
Approved the City of Lodi's Arts Grants submitted for the 2011/12 Fiscal Year.
C-13 Adopt Resolution Rescinding Resolution 93-30, Thereby Eliminating the Personal
Computer Purchase Plan (CM)
Continued October 19, 2011
Adopted Resolution No. 2011-163 rescinding Resolution 93-30, thereby eliminating the Personal
Computer Purchase Plan.
C-14 Adopt Resolution Updating the Policies and Procedures for Customer Credit Security
Program in Accordance with the Fair & Accurate Credit Transactions Act of 2003 (CM)
Adopted Resolution No. 2011-164 updating the policies and procedures for Customer Credit
Security Program in accordance with the Fair & Accurate Credit Transactions Act of 2003.
C-15 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year
2010/11 (PWS
Adopted Resolution No. 2011-165 approving Impact Mitigation Fee Program Annual Report for
Fiscal Year 2010/11.
C-16 Receive Report Reaardina Communications Pertainina to Assembly Bills 438. 646. 1027
1220, and 1344; Senate Bills 244, 293, 469, 734 and 922; and the Energy Efficiency and
Conservation Block Grant Program (CLK)
Received report regarding communications pertaining to Assembly Bills 438, 646, 1027, 1220,
and 1344; Senate Bills 244, 293, 469, 734 and 922; and the Energy Efficiency and Conservation
Block Grant Program.
C-17 Set Public Hearing for November 2, 2011, to Consider Adoption of a Resolution Setting the
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Development Fees for 2012 (CD)
Set public hearing for November 2, 2011, to consider adoption of a resolution setting the
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan Development
Fees for 2012.
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.
Francisco Trujillo, representing the Community Partnership for Families, invited the City Council
and public to the "Celebration on Central" event to be held at Joe Serna School on November 20,
2011.
Tom Ruemmler spoke in regard to his concerns about the challenges associated with the market
and economy and related studies.
Brett Morgan introduced himself as the new judge in Department 15 of the San Joaquin Superior
Court.
Anthony Zagaroli spoke in regard to his concerns about the change in the utility bills that reflect
due upon receipt in lieu of a specific date.
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Continued October 19, 2011
E. Comments by the Citv Council Members on Non-Aaenda Items
Mayor Johnson thanked staff for its efforts regarding the temporary flag pole installation at the
Grape Bowl. At the request of Mayor Johnson, Fire Chief Dan Haverty provided a brief
PowerPoint presentation regarding the Emergency Operations Center table top staff training.
Council Member Nakanishi provided an overview of a San Diego Tribune newspaper article that
discussed AB 32 and water authority costs.
Mayor Pro Tempore Mounce commended staff on its efforts regarding the installation of a
temporary flag pole at the Grape Bowl. She also inquired about a stop sign installation at the
intersection of Ham Lane and Harney Lane.
Council Member Hansen commended Public Works staff on its efforts regarding the Mills Avenue
construction project.
F. Comments by the Citv Manaaer on Non-Aaenda Items
None.
G. Public Hearinas
G-1 Public Hearing to Introduce an Ordinance Amending Chapter 13.20 - Electrical Service -
by Repealing and Reenacting Section 13.20.225, "Schedule NEM - Net Energy Metering
Rider," and Section 13.20.227, "Schedule CEM - Co -Energy Metering Rider" (EUD�
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 introduction
of an ordinance amending Chapter 13.20 - Electrical Service - by repealing and reenacting
Section 13.20.225, "Schedule NEM - Net Energy Metering Rider," and Section 13.20.227,
"Schedule CEM - Co -Energy Metering Rider."
Electric Utility Director Elizabeth Kirkley provided a brief overview of the proposed co -energy and
net -energy metering ordinance as outlined in the staff report.
In response to Council Member Nakanishi, Ms. Kirkley stated AB 920 required the electric
utility to pay for customers that use more based on their renewable system and discussed the
true up process.
In response to Council Member Hansen, Ms. Kirkley stated originally utilities were not required to
reimburse for excess generation and the ordinance primarily applies to the 17 commercial
installation and users.
Mayor Johnson opened and closed the public hearing after receiving no public comment.
Mayor Johnson made a motion, second by Mayor Pro Tempore Mounce, to introduce Ordinance
No. 1853 amending Chapter 13.20 - Electrical Service - by repealing and reenacting Section
13.20.225, "Schedule NEM - Net Energy Metering Rider," and Section 13.20.227, "Schedule
CEM - Co -Energy Metering Rider."
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Council Member Nakanishi, Mayor
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Continued October 19, 2011
Pro Tempore Mounce, and Mayor Johnson
Noes: None
Absent: None
G-2 Public Hearing to Consider the Planning Commission's Recommendation to Certify the
2010-16 Housing Element and Introduce an Interim Ordinance (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 the
Planning Commission's recommendation to certify the 2010-16 Housing Element and introduce
an interim ordinance.
City Manager Bartlam provided a PowerPoint presentation regarding the 2010 Housing Element
update. Specific topics of discussion included an overview of the adoption process including
public outreach, housing element organization, housing element requirements, housing needs
assessment, demographics and trends, housing incomes, unemployment rise, special needs
population, regional housing needs assessment and income categories, future housing needs,
resources and constraints, site inventory and potentials, strategies, and implementation
programs.
In response to Mayor Pro Tempore Mounce, Mr. Bartlam stated the City is required to identify
under utilized infill sites by law and the 929 South Cherokee Lane property has two designations
and is a split -designation because it is a deep property. Mr. Bartlam stated that particular property
could redevelop into a higher density on the street and a lower density in the back.
In response to Council Member Hansen, Mr. Bartlam stated the ability to accommodate is based
on state requirements and the City needs to show through a mathematical formula various levels
of density and affordability.
In response to Council Member Nakanishi, Mr. Bartlam stated the data comes from the Census,
research groups, San Joaquin Council of Governments, and the County. Council Member
Nakanishi requested low-income data for the City and County.
Mayor Johnson opened the public hearing to receive public comment.
Andy Jensen spoke in regard to the need to be sensitive when designating privately -owned and -
operated property as an under-utilized site.
Mayor Johnson closed the public hearing after receiving no further public comment.
In response to Council Member Hansen, Mr. Bartlam stated the whole exercise is theoretical and
not absolute.
Council Member Hansen made a motion, second by Mayor Pro Tempore Mounce, to adopt
Resolution No. 2011-166 adopting the 2010-16 Housing Element and to introduce Ordinance
No. 1854 amending Lodi Municipal Code Title 17 "Zoning" Chapter 17.57, "General Regulations
and Exceptions," by adding Section 17.57.200, "Interim Regulations for Mixed Use Designations."
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
Continued October 19, 2011
H. Communications
H-1 Post for Expiring Terms on the Lodi Animal Advisory Commission, Senior Citizens
Commission, and Site Plan and Architectural Review 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 Animal Advisory Commission
Linda Castelanelli, term to expire December 31, 2011
Susan J. Blackston, term to expire December 31, 2011
Senior Citizens Commission
Tracy Williams, term to expire December 31, 2011
Terri Whitmire, term to expire December 31, 2011
Site Plan and Architectural Review Committee
Roger Stafford, term to expire January 1, 2012
Vacancy, term to expire January 1, 2012
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 Monthly Protocol Account Resort (CLK
Mayor Pro Tempore Mounce made a motion, second by Mayor Johnson, to approve the
cumulative Monthly Protocol Account Report through September 30, 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
I. Reaular Calendar
1-1 Adopt Resolution Authorizing Recruitments to Staff the City's Water Treatment Plant and
Appropriating Funds ($225.000)(PW)
Public Works Director Wally Sandelin provided a PowerPoint presentation regarding the water
treatment plant staffing plan. Specific topics of discussion included operation phases, comparison
of staffing, comparison of staff compensation, cost comparison, public- and private -partnership
issues, minimum staffing attended, community of Mountain House, and recommendation.
In response to Council Member Hansen, Mr. Sandelin stated the percentage variable for the plant
manager cost is based on salary only without benefits and private contractors may have a higher
salary with a lesser benefit package.
7
Continued October 19, 2011
In response to Mayor Johnson, Mr. Sandelin stated one of the three operators is assigned to
laboratory tasks and there would be some crossover although some tests will be performed on-
site at the treatment plant versus the White Slough facility.
In response to Mayor Pro Tempore Mounce, Mr. Sandelin stated the water treatment plant is a
filtration plant and not a membrane plant.
In response to Mayor Johnson, Mr. Sandelin discussed the "million gallons per day" potential for
various plants including Lodi, Yucaipa, Bakersfield, and Mountain House.
In response to Council Member Hansen, Mr. Bartlam stated a warranty issue could be covered in
a contract for foreseen circumstances but would be difficult for what is not known.
In response to Mayor Pro Tempore Mounce, Mr. Sandelin stated the $50,000 figure is for capital
maintenance for wells and the $600,000 is for day-to-day activity.
In response to Mayor Pro Tempore Mounce, Mr. Sandelin confirmed there is no cost savings or
increase to rate payers based on the proposals from the City or Veolia.
In response to Mayor Johnson, Mr. Sandelin stated the skill set provided by all of the proposers at
the plant would be fairly equal as it is a matter of hiring the right people with the right experience.
Council Member Hansen, Council Member Katzakian, and Mayor Johnson disclosed that they
met with representatives of both Veolia and Southwest and toured the Mountain House plant.
Jim Good, representing Veolia, provided an overview of the company and specifically discussed
the price differential in the proposals, risk transfer and compliance efforts as shown through data
management and work orders, operations on a pall membrane plant, Rio Vista and Discovery
Bay plants, and contractor responsibility for compliance and fines.
William Schwartz, representing Southwest, provided an overview of the company and specifically
discussed cost savings associated with its proposal, Mountain House facility operations,
differences between plant types and operations, staff requirements and tasks, and Rio Vista and
Discovery Bay facilities.
In response to Mayor Johnson, Mr. Sandelin stated the City's staffing includes 3.9 people that
could be theoretical and the consultant thought the minimum number of staff required was five.
Ed Miller spoke in regard to his concerns about the three proposals, stating the focus should be
on the cost delivery only.
Gary Wiman spoke in regard to his concerns about not having a City facility operated by
experienced and dedicated City staff.
In response to Council Member Hansen, Mr. Sandelin stated the City's proposal was put together
with a conservative approach, some positions may not be filled, and the transition manager would
be gone within the second year of operation.
In response to Mayor Pro Tempore Mounce, Mr. Sandelin stated City staff can operate at the
same level as Veolia and match the proposal cost.
Discussion ensued amongst the City Council regarding the need to reevaluate and rework all
three proposals for cost savings and postponing the decision-making process until additional
information can be received.
U
Continued October 19, 2011
Mayor Johnson made a motion, second by Council Member Hansen, to continue the matter to a
future City Council meeting to allow staff and the City Manager time to reevaluate the various
proposals for the staffing of the new water treatment plant.
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
Ordinances
J-1 Adopt Ordinance No. 1852 Entitled. "An Ordinance of the Lodi City Council Amending Lodi
(Adopt) Municipal Code Chapter 16.40 - Reimbursements for Construction - by Repealing
and Reenacting Section 16.40.050, "Reimbursement Agreements," In Its Entirety" (CLK)
Mayor Johnson made a motion, second by Mayor Pro Tempore Mounce, (following reading of the
title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1852
entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 16.40 -
Reimbursements for Construction - by Repealing and Reenacting Section 16.40.050,
"Reimbursement Agreements," In Its Entirety," which was introduced at a regular meeting of the
Lodi City Council held October 5, 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
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 10:58 p.m.
ATTEST:
Randi Johl
City Clerk
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