HomeMy WebLinkAboutMinutes - March 6, 2013LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 6, 2013
The City Council Closed Session meeting of March 6, 2013, was called to order by Mayor
Nakanishi at 6:00 p.m.
Present: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Absent: None
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
C-2 Announcement of Closed Session
a) Prospective Revisions to Lease of City Property _(10± Acres Adjacent to White Slough
Water Pollution Control Facility, Located at 12745 North Thornton Road, Lodi, CA); the
Negotiating Parties are Northern California Power Agency and City of Lodi: Government
Code §54956.8
b) Exposure to Litigation; Roger and Melinda Harbin v. City of Lodi: Government Code
Section 54956.9(b)
C-3 Adjourn to Closed Session
At 6:00 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:30 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Nakanishi 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.
A. Call to Order / Roll Call
The Regular City Council meeting of March 6, 2013, was called to order by Mayor Nakanishi at
7:00 p.m.
Present: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Absent: None
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
B. Presentations
B-1 Arbor Day Proclamation (PRCS)
Mayor Nakanishi presented a proclamation to Park Superintendent, Steve Dutra, proclaiming
Saturday, April 6 as "Arbor Day" in the City of Lodi. This year's event will be held from 11 a.m. to
2 p.m. at Roget Park, 2229 Tienda Drive.
Continued March 6, 2013
B-2 American Red Cross Month Proclamation (CLK
Mayor Nakanishi presented a proclamation to Liza Cruz, San Joaquin Regional Manager of the
American Red Cross, proclaiming the month of March 2013 as "American Red Cross Month" in
the City of Lodi.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Mounce made a motion, second by Mayor Pro Tempore 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 Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
C-1 Receive Register of Claims in the Amount of $1,507,235.78 (FIN)
Claims were approved in the amount of $1,507,235.78.
C-2 Approve Minutes (CLK)
The minutes of February 19, 2013 (Shirtsleeve Session), February 20, 2013 (Regular Meeting),
and February 26, 2013 (Shirtsleeve Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Reynolds
Ranch Parkway Median Improvements (PW)
Approved the plans and specifications and authorized advertisement for bids for Reynolds Ranch
parkway median improvements.
C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for DeBenedetti
Park ADA Access Improvement Project (PW)
Approved the plans and specifications and authorized advertisement for bids for DeBenedetti
Park ADA Access Improvement Project.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for ADA
Improvement Project - Phase 2, Lodi Softball Complex and Salas Park (PW)
Approved the plans and specifications and authorized advertisement for bids for ADA
Improvement Project - Phase 2, Lodi Softball Complex and Salas Park.
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Hale Park
Sports Court Resurfacing Project, 209 East Locust Street (PW)
Approved the plans and specifications and authorized advertisement for bids for Hale Park Sports
Court Resurfacing Project, 209 East Locust Street.
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for the Hutchins
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Continued March 6, 2013
Street Sauare Pool Refinishina Proiect (PW
At the request of Mayor Nakanishi, City Manager Bartlam provided a brief status report regarding
the pool renovations at Hutchins Street Square as set forth in the staff report.
In response to Council Member Mounce, Mr. Bartlam stated the fully -funded project will likely be
completed in mid-May and the cost is approximately $65,000. Mr. Bartlam stated the project
could be brought back at a special meeting if need be for the contract award.
Council Member Mounce made a motion, second by Mayor Nakanishi, to approve the plans and
specifications and authorize advertisement for bids for the Hutchins Street Square Pool
Refinishing Project.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
C-8 Approve Plans and Specifications and Authorize Advertisement for Bids for Fire Station
No. 2 Site Improvement Project and Adopt Resolution Authorizing the City Manager to
Execute Lease Agreement with Design Space Modular Buildings, Inc., of Dixon ($90,876)
PW
At the request of Mayor Nakanishi, City Manager Bartlam provided a brief status report regarding
the Fire Station No. 2 renovation project.
In response to Council Member Hansen, Mr. Bartlam stated the project time line for design and
build is approximately 18 to 24 months, which includes reviewing qualifications of designers who
have already built other fire stations.
In response to Council Member Johnson, Mr. Bartlam stated he will research options associated
with modular fire stations as suggested.
Council Member Mounce made a motion, second by Mayor Nakanishi, to approve the plans and
specifications and authorize advertisement for bids for Fire Station No. 2 Site Improvement
Project and adopt Resolution No. 2013-32 authorizing the City Manager to execute lease
agreement with Design Space Modular Buildings, Inc., of Dixon, in the amount of $90,876.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
C-9 Approve Specifications and Authorize Advertisement for Bids for Janitorial Services for
City Facilities (PW)
Approved the specifications and authorized advertisement for bids for janitorial services for City
facilities.
C-10 Adopt Resolution Approving the Purchase of Polemount Transformers from HEES
Continued March 6, 2013
Enterprises, Inc., of Astoria, Oregon, and Power Partners, of Concord ($43,809.12)(EUD)
Adopted Resolution No. 2013-25 approving the purchase of polemount transformers from HEES
Enterprises, Inc., of Astoria, Oregon, and Power Partners, of Concord, in the amount of
$43,809.12.
C-11 Adopt Resolution Approving the Purchase of Five Apple iPad Tablets and Related
Accessories for City Council ($5,000)(CLK)
Adopted Resolution No. 2013-26 approving the purchase of five Apple iPad tablets and related
accessories for City Council in the amount of $5,000.
C-12 Accept Improvements Under Contract for Surface Water Treatment Facility Project (PW)
Accepted the improvements under contract for Surface Water Treatment Facility Project.
C-13 Adopt Resolution Authorizing the City Manager to Execute Contract for Mills Avenue
Overlay Project with Knife River Construction, of Stockton ($352,333.50)(PW)
Adopted Resolution No. 2013-27 authorizing the City Manager to execute contract for Mills
Avenue Overlay Project with Knife River Construction, of Stockton, in the amount of $352,333.50.
C-14 Adopt Resolution Authorizing the City Manager to Execute Contract for DeBenedetti Park
Maintenance Yard Enclosure with Soracco & Sons, of Sutter Creek ($188,091.11), and
Appropriating Funds ($210,000)(PW)
Adopted Resolution No. 2013-28 authorizing the City Manager to execute contract for
DeBenedetti Park maintenance yard enclosure with Soracco & Sons, of Sutter Creek, in the
amount of $188,091.11, and appropriating funds in the amount of $210,000.
C-15 Adopt Resolution Approving the Annual Shared Automation Fee Structure for the
Agreement Between the City of Stockton and Sirsi, Corp., Integrated Library System and
Approving Cost Sharing Fee for the 2012/13 Budget Year ($28,250.31) (LIB)
Adopted Resolution No. 2013-29 approving the annual shared automation fee structure for the
agreement between the City of Stockton and Sirsi, Corp., Integrated Library System and
approving cost sharing fee for the 2012/13 budget year in the amount of $28,250.31.
C-16 Approve Second Amended and Restated Ground Lease with Northern California Power
Agency for Lodi Energy Center and Terminating the Agreement to Supply Recycled Water
�C I
Approved the Second Amended and Restated Ground Lease with Northern California Power
Agency for Lodi Energy Center and terminating the agreement to supply recycled water.
C-17 Adopt Resolution Approving Submittal of Grant Documents to California Emergency
Management Agency Homeland Security and Authorizing Transportation Manager to
Submit All Necessary Paperwork and Reimbursement Requests (PWJ
Adopted Resolution No. 2013-30 approving submittal of grant documents to California
Emergency Management Agency Homeland Security and authorizing Transportation Manager to
submit all necessary paperwork and reimbursement requests.
C-18 Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with
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Continued March 6, 2013
the Government Code and the City's Records Management Policy (CLK)
Adopted Resolution No. 2013-31 authorizing destruction of certain Citywide records in
accordance with the Government Code and the City's Records Management Policy.
C-19 Set Public Hearing for March 20. 2013. to Approve Draft 2013/14 Action Plan for the
Community Development Block Grant Program (CD)
Set public hearing for March 20, 2013, to approve Draft 2013/14 Action Plan for the Community
Development Block Grant Program.
C-20 Set Public Hearing for March 20, 2013, to Consider Extending the Economic Development
Rates (EUD)
Set public hearing for March 20, 2013, to consider extending the economic development rates.
C-21 Set Public Hearing for March 20, 2013. to Consider the Lodi Electric Vehicle Pilot Charging
Rate (EUD)
Set public hearing for March 20, 2013, to consider the Lodi Electric Vehicle Pilot Charging Rate.
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. Public comment may only be made on matters
within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City
Council Protocol Manual Section 6.31). The Council cannot take action or deliberate on
items that are not on this agenda unless there is an emergency and the need to take
action on that emergency arose after this agenda was posted (Government Code Section
54954.2(b)(2)). All other items may only be referred for review to staff or placement on a
future Council agenda.
None.
E. Comments by the City Council Members on Non -Agenda Items
In response to Council Member Johnson, City Attorney Schwabauer stated that, with respect to
the medical marijuana moratorium, staff is in the process of gathering the relevant stakeholders to
hold meetings for a permanent workable solution on the ordinance. He anticipated the matter
coming back before the City Council for consideration in the summer.
Council Member Mounce reported on her participation at Career Day at Lodi Middle School and
attendance at a Women's Connection meeting. She also invited the public to attend the Lodi
Historical Society event on March 27 at 7:00 p.m. at Hutchins Street Square.
Mayor Nakanishi invited the citizens to attend the Town Hall meeting on March 7 at 7:00 p.m. at
Carnegie Forum.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings
G-1 Public Hearing to Consider the Appeal of California Citizens for the Equal Application of
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Continued March 6, 2013
the Law Regarding the Planning Commission's Decision to Approve a Use Permit to
Operate a Fitness Facility at 1320 West Lockeford Street (APN 035-340-09; Use Permit
No. 12-U-19)(CD)
This item was not considered because the applicant withdrew the appeal prior to the start of the
meeting. The written withdrawl of the appeal was made a part of the record.
G-2 Public Hearing to Consider Adopting Resolution Vacating the 200 Block of West Walnut
Street and Authorizing the City Manager to Execute the Required Agreements (PW)
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Nakanishi called for the public hearing to consider adopting
resolution vacating the 200 Block of West Walnut Street and authorizing the City Manager to
execute the required agreements.
Deputy Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the
proposed Walnut Street vacation between Pleasant Avenue and Church Street. Specific topics of
discussion included an overview, background, project description, project impacts, parking, traffic
circulation, public access, costs, and recommended action.
In response to Council Member Mounce, Mr. Swimley confirmed there are approximately 1,200
vehicles traveling on Walnut Street daily and approximately 25% are related to activities at
the church.
Mayor Nakanishi opened the public hearing.
Marilee Allen spoke in regard to traffic concerns based on neighboring church parking and side
street traffic flow.
Father Brandon Ware spoke in support of the proposed vacation based on the benefit of the
proposed plaza to the surrounding community.
In response to Baubie Fox, City Manager Bartlam stated the City retains only the utility easement
rights associated with the property when selling the land for the proposed plaza.
Dennis Bennett spoke in support of the proposed vacation based on safety concerns for children
crossing the street and the beautification of the surrounding area. A brief discussion ensued
between Mr. Bennett, Council Member Johnson, and Mr. Bartlam confirming that property owner
would be responsible for any impacts to the surrounding area arising out of the proposed project.
In response to Council Member Mounce, Mr. Bennett stated he believes that the proposed project
will accommodate parking and usage for both St. Anne's and the adjacent Methodist church.
Pamela Ruth spoke in opposition to the proposed vacation based on her concerns regarding
parking, maintenance, and homeless activity.
Mayor Nakanishi closed the public hearing.
In response to Council Member Hansen, Mr. Bartlam stated the Cottage Bakery involved a street
easement and not a street fee as in the proposed vacation. Mr. Sandelin stated the Laurel
property vacation involved an Americans with Disabilities Act ramp improvement at the corner in
lieu of the sidewalk improvement.
In response to Council Member Hansen, City Attorney Schwabauer provided a brief overview of
Continued March 6, 2013
the concept of gifting public funds, reviewing related cases, and confirmed that he preferred the
full payment of the $45,000 for the proposed vacated land thereby eliminating the public gift
argument in its entirety.
Council Member Hansen made a motion, second by Council Member Johnson, to adopt
Resolution No. 2013-33 vacating the 200 Block of West Walnut Street and authorizing the City
Manager to execute the required agreements.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
H. Communications
H-1 Post for Vacancies on Greater Lodi Area Youth Commission and Lodi Arts Commission
(CLK)
Council Member Mounce made a motion, second by Council Member Johnson, to direct the City
Clerk to post for the following vacancies:
Greater Lodi Area Youth Commission
Jessinia Ahrens, term to expire May 31, 2014
Lodi Arts Commission
Maria Singleton, term to expire July 1, 2013
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
H-2 Consider Removal of Recreation Commissioner Barbara Wardrobe -Fox and Appointment
of Recreation Commissioner Ethan Chelli (CLK)
General discussion ensued amongst the City Council and Recreation Commissioner Baubie Fox
regarding Recreation Commission and AiPP Board attendance, Conflict of Interests filings and
AB 1234 Ethics Training. The City Council provided general direction to reconcile the information
supplied by Commissioner Fox with the City's records and forward the corresponding results to
the City Council.
Reaular Calendar - None
J. Ordinances
J-1 Adopt Ordinance No. 1871 Entitled. "An Ordinance of the Lodi City Council Amending
Chapter 12.12 - Parks - by Repealing and Reenacting Section 12.12.420. 'Skate Park
Regulations,' in Its Entirety" (CLK)
Council Member Mounce made a motion, second by Council Member Johnson, (following reading
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Continued March 6, 2013
of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance
No. 1871 entitled, "An Ordinance of the Lodi City Council Amending Chapter 12.12 - Parks - by
Repealing and Reenacting Section 12.12.420, 'Skate Park Regulations,' in Its Entirety," which
was introduced at a regular meeting of the Lodi City Council held February 20, 2013.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Absent: None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 9:15 p.m.
ATTEST:
Randi Johl
City Clerk
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