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Home My WebLink AboutMinutes - May 16, 2012LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, MAY 16, 2012 .�it�F11[i•��]TCaiI:t•71[�F11 The City Council Closed Session meeting of May 16, 2012, was called to order by Mayor Mounce at 6:00 p.m. Present: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Absent: None Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl C-2 Announcement of Closed Session a) Conference with Steve 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 Steve 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 6:00 p.m., Mayor Mounce adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:45 p.m. C-4 Return to Open Session / Disclosure of Action At 7:00 p.m., Mayor Mounce reconvened the City Council meeting, and City Attorney Schwabauer disclosed the following actions. Items C-2 (a) and C-2 (b) were discussion and direction only with no reportable action. A. Call to Order / Roll Call The Regular City Council meeting of May 16, 2012, was called to order by Mayor Mounce at 7:00 p.m. Present: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Absent: None Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl B. Presentations B-1 Quarterly Update by the Greater Lodi Area Youth Commission (PROS) Continued May 16, 2012 Lauren Youngsma and Kinsey Green, members of the Greater Lodi Area Youth Commission, gave an update on the activities and accomplishments of the Commission. B-2 Presentation by the Lodi Public Library Foundation Regarding Carnegie Wall Mural Project and Fundraising Efforts (LIB) Lodi Public Library Foundation Board Vice President Helen Gross gave a presentation regarding the Carnegie Wall Mural project and the fundraising efforts. C. Consent Calendar (Reading: Comments by the Public: Council Action) Council Member 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: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None C-1 Receive Register of Claims in the Amount of $1,979,665.58 (FIN) Claims were approved in the amount of $1,979,665.58. C-2 Approve Minutes (CLK) Mayor Mounce made a motion, second by Mayor Pro Tempore Nakanishi, to approve the minutes of the May 1, 2012 (Shirtsleeve Session) and May 8, 2012 (Shirtsleeve Session) as written and the May 2, 2012 (Regular Meeting) as amended. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None C-3 Authorize Request for Proposals for Security Services for Hutchins Street Square Community Center (PRCS) Authorized the request for proposals for security services for Hutchins Street Square Community Center. C-4 Accept Improvements Under the Contract for Design and Construction of Municipal Service Center Transit Vehicle Maintenance Facility Solar Power Project (PW) Accepted the improvements under the contract for Design and Construction of Municipal Service Center Transit Vehicle Maintenance Facility Solar Power Project. C-5 Adopt Resolution Authorizing the City Manager to Execute Contract for Hutchins Street Reconstruction Project with A. M. Stephens Construction Company, Inc., of Lodi ($863,466.53) (PW) N Continued May 16, 2012 This item was pulled for further discussion by Mayor Mounce. In response to Mayor Mounce, Deputy Public Works Director Charlie Swimley and City Attorney Schwabauer stated the proposed contract is subject to the local hiring ordinance and does meet the $200,000 minimum. Mayor Mounce made a motion, second by Council Member Katzakian, to adopt Resolution No. 2012-67 authorizing the City Manager to execute contract for Hutchins Street Reconstruction Project with A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $863,466.53. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None C-6 Adopt Resolution Authorizing the City Manager to Execute Contract for 2012 Alley Reconstruction Project with Biondi Paving, Inc., of Sacramento ($128,550.50)(PW) Adopted Resolution No. 2012-59 authorizing the City Manager to execute contract for 2012 Alley Reconstruction Project with Biondi Paving, Inc., of Sacramento, in the amount of $128,550.50. C-7 Adopt Resolution Authorizing the City Manager to Execute Contract for 2012 Disabled Access Improvements, Various Locations, with A. M. Stephens Construction Company, Inc., of Lodi ($93,624.66)(PWJ Adopted Resolution No. 2012-60 authorizing the City Manager to execute contract for 2012 Disabled Access Improvements, Various Locations, with A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $93,624.66. C-8 Adopt Resolution Authorizing the City Manager to Execute Agreement with Central Valley Clean Water Association for Participation in the Methylmercury Special Project (PW) Adopted Resolution No. 2012-61 authorizing the City Manager to execute agreement with Central Valley Clean Water Association for participation in the methylmercury special project. C-9 Adopt Resolution Authorizing the City Manager to Execute Consent to Assignment by Elevator Services Company to Otis Elevator Company (PW) Adopted Resolution No. 2012-62 authorizing the City Manager to execute Consent to Assignment by Elevator Services Company to Otis Elevator Company. C-10 Adopt Resolution Authorizing the City Manager to File Claim for 2011/12 Transportation Development Act Funds in the Amount of $2,020,434 from Local Transportation Fund and $256,361 from State Transit Assistance Fund (PW) Adopted Resolution No. 2012-63 authorizing the City Manager to file claim for 2011/12 Transportation Development Act funds in the amount of $2,020,434 from Local Transportation Fund and $256,361 from State Transit Assistance Fund. C-11 Adopt Resolution Approving Changes to Memorandum of Understanding for AFSCME - General Services and Maintenance and Operators - Lodi Professional Firefighters, and Continued May 16, 2012 Lodi Mid -Management, Amendment to the Executive Management Statement of Benefits, and Changes to Confidential Employee Benefits (CM) Council Member Johnson made a motion, second by Council Member Katzakian, to adopt Resolution No. 2012-68 approving changes to Memorandum of Understanding for AFSCME - General Services and Maintenance and Operators - Lodi Professional Firefighters, and Lodi Mid - Management, amendment to the Executive Management Statement of Benefits, and changes to Confidential employee benefits. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: Council Member Johnson Absent: None C-12 Adopt Resolutions Approving CaIPERS Employer Paid Member Contributions (CM This item was pulled for further discussion by Council Member Johnson. In response to Council Member Johnson, City Attorney Schwabauer stated pursuant to the Government Code any salary and benefit changes for the City Council cannot go into effect until after the upcoming election, which is why the City Council retirement contribution will start in November instead of July. Mayor Mounce made a motion, second by Council Member Katzakian, to adopt Resolution Nos. 2012-69 and 2012-70 approving CaIPERS employer paid member contributions. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: Council Member Johnson Absent: None C-13 Authorize City Manager to Send Letter to San Joaquin County Opposing the Development Text Amendment Regarding the Prohibition of Marketing Events at Wineries (CM) This item was pulled for further discussion by Chamber of Commerce Executive Director Pat Patrick. The following individuals spoke against the proposed County development text amendment imposing a moratorium on marketing events at wineries and in support of sending a letter of opposition as recommended, based on the negative impact on the wine and tourism industry: Pat Patrick, Chamber of Commerce; and Russ Munson, Wine and Roses. In response to Mayor Mounce, Ryan Sherman explained what would be considered a marketing event at existing wineries and provided examples of the same. Council Member Johnson made a motion, second by Council Member Hansen, to authorize the City Manager to send letter to San Joaquin County opposing the Development Text Amendment regarding the prohibition of marketing events at wineries. VOTE: E Continued May 16, 2012 The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None C-14 Adoot Resolution Initiatina Proceedinas for the Levv and Collection of Assessments Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 2012/13; and Set Public Hearing for June 20, 2012 PW Adopted Resolution No. 2012-64 initiating proceedings for the levy and collection of assessments, Resolution No. 2012-65 approving the Annual Report, and Resolution No. 2012-66 declaring intention to levy and collect assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for fiscal year 2012/13; and set public hearing for June 20, 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 (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. Douglas and Janet Hauser spoke in regard to their concerns regarding swallows in their neighborhood and near the water basin at DeBenedetti Park. Deputy Public Works Director Charlie Swimley stated he would be working with Mr. and Mrs. Hauser to address their concerns. The following individuals spoke in regard to their concerns regarding the potential cancellation of the after school program: Kelly Brown, Michael Aberle, Kristen Scott, Mike Faulkner, and Shannon Minnel. The following individuals spoke in regard to the concerns regarding the adjusted hours of operation at the Hutchins Street Square pool: Barbara Koteles, Gail McBride, and Gene King. E. Comments by the City Council Members on Non -Agenda Items Council Member Johnson commended the efforts of those involved with the Roget Park project. Mayor Pro Tempore Nakanishi provided a brief overview of the Governor's May Budget revise. F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings - None H. Communications H-1 Monthly Protocol Account Report (CLK) 5 Continued May 16, 2012 Mayor Mounce made a motion, second by Council Member Hansen, to approve the cumulative Monthly Protocol Account Report through April 30, 2012. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None Regular Calendar 1-1 Introduce Ordinance Amending Lodi Municipal Code Chapter 10.12 - Enforcement and Obedience to Traffic Regulations - by Repealing and Reenacting Section 10.12.020. "Required Obedience to Traffic Regulations," in Its Entirely (CA) City Attorney Schwabauer provided a brief overview of the proposed ordinance as set forth in the staff report, stating the ordinance is necessary to be compliant with the current state of the law. Council Member Katzakian made a motion, second by Council Member Hansen, to introduce Ordinance No. 1859 amending Lodi Municipal Code Chapter 10.12 - Enforcement and Obedience to Traffic Regulations - by repealing and reenacting Section 10.12.020, "Required Obedience to Traffic Regulations," in its entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Hansen, Council Member Johnson, Council Member Katzakian, Mayor Pro Tempore Nakanishi, and Mayor Mounce Noes: None Absent: None Ordinances - None K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 8:20 p.m. ATTEST: Randi Johl City Clerk