HomeMy WebLinkAboutMinutes - June 6, 2012LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 6, 2012
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The City Council Closed Session meeting of June 6, 2012, was called to order by Mayor Mounce
at 6:05 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 6:05 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 June 6, 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 United States Army Week Proclamation
Continued June 6, 2012
Mayor Mounce presented a proclamation to Lodi Station Commander Staff Sgt. Amit Singh and
Staff Sgt. Kenneth Rolle proclaiming the week of June 11 - 16, 2012, as "United States Army
Week" in the City of Lodi.
C. Consent Calendar (Reading: Comments by the Public: Council Action)
Council Member Johnson made a motion, second by Council Member Hansen, 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 $6,835,643.95 (FIN)
Claims were approved in the amount of $6,835,643.95.
C-2 Approve Minutes (CLK)
The minutes of May 15, 2012 (Shirtsleeve Session), May 16, 2012 (Regular Meeting), May 22,
2012 (Shirtsleeve Session), May 22, 2012 (Special Joint Meeting w/Lodi Arts Commission), and
May 29, 2012 (Shirtsleeve Session) were approved as written.
C-3 Adopt Resolution Rejecting Non -Responsive Bids and Authorizing the City Manager to
Execute Contract for Well 6R Granular Activated Carbon Treatment System with Conco
West, Inc., of Manteca ($667,500) (PW)
This item was pulled by staff for consideration at a future City Council meeting.
C-4 Adopt Resolution Authorizing the City Manager to Execute Contract for Grape Bowl
Scoreboard Improvements with Gary's Signs, of Lodi ($45.515), and Appropriating Funds
($55,000) (PW)
Adopted Resolution No. 2012-71 authorizing the City Manager to execute contract for Grape
Bowl Scoreboard Improvements with Gary's Signs, of Lodi, in the amount of $45,515, and
appropriating funds in the amount of $55,000.
C-5 Adopt Resolution Authorizing the City Manager to Execute Amendment No. 2 to
Professional Services Agreement with R.F. MacDonald Company, of Modesto, for Boiler
Cleaning and Inspection at White Slough Water Pollution Control Facility ($11,050) (PW)
Adopted Resolution No. 2012-72 authorizing the City Manager to execute Amendment No. 2 to
Professional Services Agreement with R.F. MacDonald Company, of Modesto, for boiler cleaning
and inspection at White Slough Water Pollution Control Facility in the amount of $11,050.
C-6 Adopt Resolution Authorizing the City Manager to Execute Lease Agreement with
MetroPCS California for 114 North Main Street (PW)
Adopted Resolution No. 2012-73 authorizing the City Manager to execute lease agreement with
MetroPCS California for 114 North Main Street.
N
Continued June 6, 2012
C-7 Adopt Resolution Approving the Memorandum of Understanding Between the City of Lodi
and the Boosters of Boys and Girls Sports (PRCS)
Adopted Resolution No. 2012-74 approving the Memorandum of Understanding between the City
of Lodi and the Boosters of Boys and Girls Sports.
C-8 Adopt Resolution Authorizing the City Manager to Execute Agreement with California
Emergency Management Agency Accepting the California Gang Reduction, Intervention,
and Prevention Program Grant ($250,000) Awarded to the City of Lodi Beginning January
1, 2012 and Ending December 31, 2013, and Appropriating $10,000 (PD)
This item was pulled for further discussion by Council Member Hansen.
In response to Council Member Hansen, Police Chief Mark Helms provided an overview of the
process associated with receiving the grant and how the grant funds will be used including the
specifics associated with the Peacekeepers Program.
In response to Mayor Pro Tempore Nakanishi, Chief Helms stated he does anticipate applying for
the grant again if the City is able to meet the criteria in future years.
Mayor Mounce made a motion, second by Council Member Hansen, to adopt Resolution
No. 2012-75 authorizing the City Manager to execute agreement with California Emergency
Management Agency accepting the California Gang Reduction, Intervention, and Prevention
Program Grant in the amount of $250,000 awarded to the City of Lodi beginning January 1, 2012
and ending December 31, 2013, and appropriating $10,000.
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-9 Adopt Resolution Authorizing the City Manager to Execute Agreement with County of
San Joaquin for Automated Message Switching System and Criminal Justice Information
System Access ($21,420) (PD)
Adopted Resolution No. 2012-76 authorizing the City Manager to execute agreement with County
of San Joaquin for Automated Message Switching System and Criminal Justice Information
System Access in the amount of $21,420.
C-10 Adopt Resolution Authorizing the City Manager to Engage the Professional Services of
Lamont Financial Services, Jones -Hall, Stone and Youngberg, LLC, and JP Morgan
Related to Refinancing the 2002 General Fund Certificates of Participation (COPS), the
2003B CSCDA Wastewater COPS, and the 2004 Wastewater COPS (CM)
Adopted Resolution No. 2012-77 authorizing the City Manager to engage the professional
services of Lamont Financial Services, Jones -Hall, Stone and Youngberg, LLC, and JP Morgan
related to refinancing the 2002 General Fund Certificates of Participation (COPS), the 2003B
CSCDA Wastewater COPS, and the 2004 Wastewater COPS.
C-11 Adopt Resolution Approving the Single Member Services Agreement By and Between the
City of Lodi and the Northern California Power Agency and Authorizing the City Manager
Continued June 6, 2012
to Execute Said Aareement ($30.400) (EUD
Adopted Resolution No. 2012-78 approving the Single Member Services Agreement by and
between the City of Lodi and the Northern California Power Agency and authorizing the City
Manager to execute said agreement in the amount of $30,400.
C-12 Adopt Resolution Authorizing the City Manager to Terminate the Professional Services
Agreement with ZGlobal Engineering and Energy Solutions and Execute Professional
Services Agreement with GP Strategies, of Amherst, New York, for Compliance Services
($60,000)(EUD)
This item was pulled for further discussion by Mayor Pro Tempore Nakanishi.
In response to Mayor Pro Tempore Nakanishi, Electric Utility Director Elizabeth Kirkley provided
an overview of the experience and qualifications of Mary Jo Cooper, whom the City was working
with at ZGlobal Engineering and Energy Solutions and is now proposing to work with at GP
Strategies.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Katzakian, to adopt
Resolution No. 2012-79 authorizing the City Manager to terminate the Professional Services
Agreement with ZGlobal Engineering and Energy Solutions and execute Professional Services
Agreement with GP Strategies, of Amherst, New York, for compliance services in the amount of
$60,000.
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-13 Adopt Resolution Authorizing the City Manager to Execute an Agreement for Consulting
Services with Matt Foskett Consulting, LLC for Electric Utility Rates and Resources
Services ($120,000)(EUD)
Adopted Resolution No. 2012-80 authorizing the City Manager to execute an agreement for
consulting services with Matt Foskett Consulting, LLC for Electric Utility rates and resources
services in the amount of $120,000.
C-14 Adopt Resolution Approving the First Amendment to the Lodi Energy Center Project
Management and Operations Agreement and Authorizing Execution by the City Manager
EUD
Adopted Resolution No. 2012-81 approving the First Amendment to the Lodi Energy Center
Project Management and Operations Agreement and authorizing execution by the City Manager.
C-15 Adopt Resolution Rescinding Resolution No. 2012-51 Authorizing the City Manager to
Terminate the Existing Letter of Agreement with Holz Rubber Company and Execute a
Revised Letter of Agreement ($58,000)(EUD)
Adopted Resolution No. 2012-82 rescinding Resolution No. 2012-51 authorizing the City
Manager to terminate the existing Letter of Agreement with Holz Rubber Company and execute a
revised Letter of Agreement in the amount of $58,000.
E
Continued June 6, 2012
C-16 Adopt Resolution Ratifying the San Joaquin Council of Governments' Annual Financial
Plan for Fiscal Year 2012/13 (PW)
Adopted Resolution No. 2012-83 ratifying the San Joaquin Council of Governments' Annual
Financial Plan for Fiscal Year 2012/13.
C-17 Adopt Resolution Abprovina the Appropriation of Funds for Oversiaht Costs Related to
PCE/TCE Busy Bee Plume ($30.000) (PW)
This item was pulled for further discussion by Mayor Pro Tempore Nakanishi.
In response to Mayor Pro Tempore Nakanishi, Deputy City Manager Jordan Ayers and City
Attorney Schwabauer confirmed that the requested action appropriates funds to pay a recent
invoice that was received from the Regional Board.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Katzakian, to adopt
Resolution No. 2012-84 approving the appropriation of funds for oversight costs related to
PCE/TCE Busy Bee Plume in the amount of $30,000.
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-18 Receive Report Regarding League of California Cities Communications Pertaining to
Assembly Bill 2312 (CLK)
Received report regarding League of California Cities communications pertaining to Assembly Bill
2312.
C-19 Adopt the Followina Resolutions Pertainina to the November 6. 2012. General Municipal
Election: a) Resolution Calling and Giving Notice of the General Municipal Election to Be
Held on Tuesday. November 6. 2012, for the Election of Certain Officers of the City,
b) Resolution Requesting the San Joaquin County Board of Supervisors to Render
Specified Services for the Conduct of a General Municipal Election to Be Held on Tuesday,
November 6. 2012: c) Resolution Setting Forth the Council's Policy Regarding Impartial
Analyses. Arguments. and Rebuttal Arguments for Any Measure(s) that May Qualify to Be
Placed on the Ballot for the November 6, 2012, General Municipal Election: and
d) Resolution Adopting Regulations for Candidates for Elective Office Pertaining to
Candidates' Statements Submitted to the Voters at the General Municipal Election to Be
Held on Tuesday. November 6. 2012 (CLK)
Adopted the following resolutions pertaining to the November 6, 2012, General Municipal
Election: a) Resolution No. 2012-85 calling and giving notice of the General Municipal Election to
be held on Tuesday, November 6, 2012, for the election of certain officers of the City;
b) Resolution No. 2012-86 requesting the San Joaquin County Board of Supervisors to render
specified services for the conduct of a General Municipal Election to be held on Tuesday,
November 6, 2012; c) Resolution No. 2012-87 setting forth the Council's policy regarding
impartial analyses, arguments, and rebuttal arguments for any measure(s) that may qualify to be
placed on the ballot for the November 6, 2012, General Municipal Election; and d) Resolution
No. 2012-88 adopting regulations for candidates for elective office pertaining to candidates
statements submitted to the voters at the General Municipal Election to be held on Tuesday,
5
Continued June 6, 2012
November 6, 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.
Douglas Pfaff spoke in regard to his idea regarding establishing a "Waist Management" program
whereby citizens can walk for health purposes and simultaneously pick-up litter for City
beautification purposes.
Clifford Weaver spoke in regard to his concerns about how he was treated by the Police
Department during an incident involving a neighborly dispute. Chief Helms stated he will follow-
up on the matter with Mr. Weaver.
E. Comments by the City Council Members on Non -Agenda Items
Council Member Johnson stated he would like the meeting adjourned in memory of Joe Crane
and suggested a future Shirtsleeve Session on the topic of vehicle replacement and
maintenance.
Mayor Mounce encouraged the public to visit the "Lisa Project" display at Lodi Baptist Church as
it addresses the important issue of child abuse.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings - None
H. Communications
H-1 Re -post for Vacancies on the Greater Lodi Area Youth Commission (CLK�
Mayor Mounce made a motion, second by Council Member Katzakian, to direct the City Clerk to
re -post for the following vacancies:
Greater Lodi Area Youth Commission
Adult Advisors:
Elizabeth Mazzeo, term to expire May 31, 2012
Jeffrey Palmquist, term to expire May 31, 2012
Summer Pennino, term to expire May 31, 2012
Student Members:
Tyler Bartlam, term to expire May 31, 2012
Carson Kautz, term to expire May 31, 2012
Alex Maldonado, term to expire May 31, 2012
Kelley McConahey, term to expire May 31, 2012
Allison Schatz, term to expire May 31, 2012
Dipa Patel, term to expire May 31, 2013
Continued June 6, 2012
Kinsey Green, term to expire May 31, 2013
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
I. Regular Calendar
1-1 Adopt Resolution Approving the City of Lodi Financial Plan and Budget for the Fiscal Year
Beginning July 1, 2012 and Ending June 30. 2013, and Approving the Fiscal Year 2012/13
Appropriation Spending Limit (CM)
City Manager Bartlam and Deputy City Manager Jordan Ayers provided a PowerPoint
presentation regarding the fiscal year 2012/13 budget. Specific topics of discussion included an
overview of the proposed budget, total appropriation and revenue, reserve increase amounts,
General Fund overview, labor negotiations, major capital projects, and requested action on the
budget approval process.
In response to Council Member Hansen, Mr. Ayers confirmed that six positions are not proposed
to be funded in the Police Department, currently those positions are vacant, and based on labor
agreements that are reached in the near future the savings could be used for refunding those
positions.
Mayor Mounce suggested future savings be used to evaluate staffing for Code Enforcement and
Animal Shelter purposes.
In response to Council Member Hansen, Mr. Ayers confirmed that the City of Lodi is not in danger
of bankruptcy.
In response to Mayor Mounce, Mr. Bartlam stated the wild cards affecting the budget continue to
be pension obligations and costs, rising medical costs, and workers compensation exposure.
Council Member Johnson stated he will not be able to support the recommended action because
he still believes that the City should be addressing the pension issue in a more aggressive
manner.
In response to Mayor Mounce, Mr. Ayers confirmed that within a year and a half all employees
will be paying the full share of the employees' portion of CalPers contributions.
Mayor Mounce asked the City Manager to review options associated with filling a part-time
economic development director position to promote economic opportunities in the City and
market City -owned properties.
Council Member Hansen made a motion, second by Council Member Katzakian, to adopt
Resolution No. 2012-89 approving the City of Lodi Financial Plan and Budget for the Fiscal Year
beginning July 1, 2012 and ending June 30, 2013, and approving the Fiscal Year 2012/13
Appropriation Spending Limit.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Katzakian, Mayor Pro Tempore Nakanishi,
7
Continued June 6, 2012
and Mayor Mounce
Noes: Council Member Johnson
Absent: None
1-2 Authorize Request for Use of City Letterhead Pursuant to City Council Protocol Manual
Section 7.4 and Government Code Section 82015 (CLK)
City Clerk Randi Johl provided a brief presentation regarding the proposed request for letterhead
usage as outlined in the Council Communication. Council Member Johnson provided a
brief overview of the purpose of the letter for a marketing portfolio to generate donations for the
Grape Bowl.
In response to Mayor Mounce, Council Member Johnson stated his recommendation would be
to sign the letter himself along with the Mayor. Mayor Mounce expressed concern regarding
the reporting that is required for behested payments and the notification process that would need
to be in place to ensure the reporting is completed properly.
In response to Mayor Pro Tempore Nakanishi, City Attorney Schwabauer stated that the Fair
Political Practices Commission permits behested payments and they are not illegal, although
certain payments have a reporting requirement associated with them.
Council Member Hansen made a motion, second by Mayor Mounce, to authorize request for use
of City letterhead pursuant to City Council Protocol Manual Section 7.4 and Government Code
Section 82015 with signature by Council Member Johnson.
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
J. Ordinances
J-1 Adopt Ordinance No. 1859 Entitled. "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Chapter 10.12 - Enforcement and Obedience to Traffic Regulations - by
Repealing and Re -Enacting Section 10.12.020. 'Required Obedience to Traffic
Regulations,' in its Entirety" (CLK)
Council Member Hansen 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. 1859 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Chapter 10.12 - Enforcement and Obedience to Traffic Regulations - by Repealing and Re -
Enacting Section 10.12.020, 'Required Obedience to Traffic Regulations,' in its Entirety," which
was introduced at a regular meeting of the Lodi City Council held May 16, 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
K. Adjournment
U
Continued June 6, 2012
There being no further business to come before the City Council, the meeting was adjourned
at 8:25 p.m. in memory of Joe Crane.
ATTEST:
Randi Johl
City Clerk
I