HomeMy WebLinkAboutMinutes - November 6, 2013LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 6, 2013
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of November 6, 2013, was called to order by Mayor
Nakanishi at 6:00 p.m.
Present: Council Member Hansen, Council Member Johnson, Mayor Pro Tempore Katzakian,
and Mayor Nakanishi
Absent: Council Member Mounce
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl-Olson
C-2 Announcement of Closed Session
a) Conference with Stephen Schwabauer, City Attorney, and Jordan Avers, Deputy Cit
Manager (Labor Negotiators), Regarding Unrepresented Executive Management, Lodi
City Mid -Management Association, Unrepresented Confidential Employees, AFSCME
General Services and Maintenance & Operators, Fire Mid -Managers, and Lodi
Professional Firefighters; Conference with Stephen Schwabauer, City Attorney, and Dean
Gualco, Human Resources Manager (Labor Negotiators), Regarding International
Brotherhood of Electrical Workers Pursuant to Government Code §54957.6
b) Pursuant to Government Code §54956.9(c); One Potential Case: Conference with Legal
Counsel - Initiation of Litigation: City of Lodi v. County of San Joaguin Regarding Property
Tax Administration Fees
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 7:05 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:10 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following actions.
Item C-2 (a) was discussion and direction only with no reportable action.
In regard to Item C-2 (b), the City Council authorized the conclusion of potential litigation with the
County of San Joaquin related to property tax administration fees for $763,000.
A. Call to Order / Roll Call
The Regular City Council meeting of November 6, 2013, was called to order by Mayor Nakanishi
at 7:10 p.m.
Present: Council Member Hansen, Council Member Johnson, Mayor Pro Tempore Katzakian,
and Mayor Nakanishi
Absent: Council Member Mounce
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl-Olson
B. Presentations
B-1 Homeless Youth Awareness and Runawav Prevention Month Proclamation (CLK
Mayor Nakanishi presented proclamation to Cecilia Arredondo with the San Joaquin Women's
Center proclaiming the month of November 2013 as "Homeless Youth Awareness and Runaway
Prevention Month" in the City of Lodi.
B-2 Presentation of Certificates of Appreciation to Blakely Park Pool Free Swim Donors
PRCS
Mayor Nakanishi presented Certificates of Appreciation to the following donors who helped cover
costs in order to provide free swimming throughout the summer: Michael -David Family
Foundation, Omega Nu, Lodi Health, Lodi Tokay Rotary Club, Lodi Lions, FCB Homes, Reynolds
Ranch Partners, Carol Marvel, Lodi City Swim Club, Lodi City Employees Association, and
Woodbridge Greens Area Residents.
B-3 Presentation of Certificates of Appreciation Relating to the Sister City Committee Kofu,
Japan Trip (CLK)
Mayor Nakanishi presented Certificates of Appreciation to the following individuals who
participated in the Sister City Committee Kofu, Japan, trip: Lynn Benbrook, Dr. Jim and Yoshi
Kim, Jennifer Cooper, Dr. Pete Hetzner, Hilary Hetzner, Joe and Clydene Hohenrieder, Masayuki
Hattori, Bill Hinkle, Sister City Committee, and Lustre -Cal.
C. Consent Calendar (Reading: Comments by the Public: Council Action)
Council Member Hansen 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, Mayor Pro Tempore Katzakian, and
Mayor Nakanishi
Noes: None
Absent: Council Member Mounce
C-1 Receive Register of Claims in the Amount of $16,890,033.98 (FIN)
Claims were approved in the amount of $16,890,033.98.
C-2 Approve Minutes (CLK)
The minutes of October 15, 2013 (Shirtsleeve Session), October 16, 2013 (Regular Meeting),
October 22, 2013 (Shirtsleeve Session), and October 29, 2013 (Shirtsleeve Session) were
approved as written.
C-3 Accept Quarterly Report of Purchases Between $10,000 and $20,000 (CM)
Accepted the quarterly report of purchases between $10,000 and $20,000.
C-4 Accept the Quarterly Investment Report as Required by the City of Lodi Investment Policy
(CM)
Accepted the quarterly investment report as required by the City of Lodi Investment Policy.
C-5 Adopt Resolution Approving the City of Lodi Investment Policy and Internal Control
Guidelines (CM)
Adopted Resolution No. 2013-186 approving the City of Lodi Investment Policy and Internal
Control Guidelines.
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Lodi Public
Library Phase 3 Remodel Project (PW)
Approved the plans and specifications and authorized advertisement for bids for Lodi Public
Library Phase 3 Remodel Project.
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for City Hall
Annex First Floor Phase 2 Interior Remodel Project (PW)
Approved the plans and specifications and authorized advertisement for bids for City Hall Annex
First Floor Phase 2 Interior Remodel Project.
C-8 Adopt Resolution Awarding Contract for DeBenedetti Park Masonry Wall Landscaping,
2160 West Century Boulevard, to Hemington Landscape Services, Inc., of Cameron Park
($50,531), and Appropriating Funds ($71,000) (PW)
Adopted Resolution No. 2013-187 awarding contract for DeBenedetti Park Masonry Wall
Landscaping, 2160 West Century Boulevard, to Hemington Landscape Services, Inc., of
Cameron Park, in the amount of $50,531, and appropriating funds in the amount of $71,000.
C-9 Accept Improvements Under Contract for Well 6R Granular Activated Carbon Treatment
System Project (PW)
Accepted the improvements under contract for Well 6R Granular Activated Carbon Treatment
System Project.
C-10 Accept Improvements Under Contract for White Slough Water Pollution Control Facility
Digester Paintinq Project (PW)
Accepted the improvements under contract for White Slough Water Pollution Control Facility
Digester Painting Project.
C-11 Adopt Resolution Authorizing the City Manager to Execute Professional Services
Agreement for Pretreatment Program Assistance for White Slough Water Pollution Control
Facility with Larry Walker Associates, of Davis ($56,290) (PW)
Adopted Resolution No. 2013-188 authorizing the City Manager to execute Professional Services
Agreement for Pretreatment Program assistance for White Slough Water Pollution Control Facility
with Larry Walker Associates, of Davis, in the amount of $56,290.
C-12 Adopt Resolution Authorizing the City Manager to Execute Amendment to Professional
Services Agreement with Carollo Engineers, Inc., of Sacramento ($90,000) (PW)
Adopted Resolution No. 2013-189 authorizing the City Manager to execute amendment to
Professional Services Agreement with Carollo Engineers, Inc., of Sacramento, in the amount of
$90,000.
C-13 Authorize the City Manager to Execute Agreement Extending Term of the Northeastern
San Joaguin County Groundwater Banking Authority Joint Powers Agreement (PW)
Authorized the City Manager to execute agreement extending term of the Northeastern
San Joaquin County Groundwater Banking Authority Joint Powers Agreement.
C-14 Adopt Resolution Approving the Cost Sharing Fee for Fiscal Year 2013/14 Between the
City of Stockton and Sirsi. Corp. ($24.850) (LIB)
Adopted Resolution No. 2013-190 approving the cost sharing fee for fiscal year 2013/14 between
the City of Stockton and Sirsi, Corp. in the amount of $24,850.
C-15 Adopt Resolution Authorizing the Chief of Police to Enter into an Agreement with the
Department of Homeland Security Organized Crime Drug Enforcement Task Force (PD)
Adopted Resolution No. 2013-191 authorizing the Chief of Police to enter into an agreement with
the Department of Homeland Security Organized Crime Drug Enforcement Task Force.
C-16 Adopt Resolution Authorizing the City Manager and Chief of Police to Enter into a
Memorandum of Understanding with the California Highway Patrol Delta Regional Auto
Theft Team Task Force (PD)
Adopted Resolution No. 2013-192 authorizing the City Manager and Chief of Police to enter into a
Memorandum of Understanding with the California Highway Patrol Delta Regional Auto Theft
Team Task Force.
C-17 Adopt Resolution Authorizing the City Manager to Accept Donation to the Fire Department
($25.000) (FD)
Council Member Hansen thanked the anonymous donor for their monetary contribution to the
Police and Fire Departments.
Adopted Resolution No. 2013-193 authorizing the City Manager to accept donation to the Fire
Department.
C-18 Adopt Resolution Approving Seward Johnson Sculpture Exhibit and Traffic Control Box Art
Project and Appropriate Funds ($39.500) (PRCS)
Adopted Resolution No. 2013-194 approving Seward Johnson sculpture exhibit and traffic control
box art project and appropriating funds in the amount of $39,500.
C-19 Adopt Resolution Approving Cal PERS Employer Paid Member Contributions (CM)
Adopted Resolution No. 2013-195 approving CalPERS employer paid member contributions.
C-20 Adopt Resolutions Authorizing Converting Existing Contract Staff by: 1) Approving Job
Specification, Salary Range, and Addition of One Electric Groundworker and 2)
Authorizing Addition of One Electric Lineworker (EU)
Adopted the following resolutions authorizing converting existing contract staff: 1) Resolution
No. 2013-196 approving job specification, salary range, and addition of one Electric
Groundworker and 2) Resolution No. 2013-197 authorizing addition of one Electric Lineworker.
C-21 Set Public Hearing for November 20, 2013, to Consider Adopting Resolution Approving the
Planning Commission's Recommendation to Authorize 232 Low -Density Residential
Growth Management Allocations for FCB Homes (CD)
Council Member Hansen recused himself from the vote on this action because his primary
residence is located within 300 feet of the project area.
Council Member Johnson made a motion, second by Mayor Pro Tempore Katzakian, to set the
public hearing for November 20, 2013, to consider adopting resolution approving the Planning
Commission's recommendation to authorize 232 low-density residential Growth Management
Allocations for FCB Homes.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Katzakian, and Mayor Nakanishi
Noes: None
Recusals: Council Member Hansen
Absent: Council Member Mounce
C-22 Set Public Hearina for December 18. 2013. to Consider Adoptina Resolution Settina Pre -
Approved Engineering News Record Adjustment Index for Usage -Based and Flat Water
Rates for Residential, Commercial, and Industrial Customers (PW)
Set public hearing for December 18, 2013, to consider adopting resolution setting pre -approved
Engineering News Record adjustment index for usage -based and flat water rates for residential,
commercial, and industrial customers.
C-23 Set Public Hearing for December 18. 2013, to Consider Adopting Resolution Setting
Future Water, Wastewater, and Solid Waste Rate Schedules Pursuant to Proposition 218
for Residential, Commercial, and Industrial Customers (PW)
Set public hearing for December 18, 2013, to consider adopting resolution setting future water,
wastewater, and solid waste rate schedules pursuant to Proposition 218 for residential,
commercial, and industrial customers.
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.
Timothy Miller spoke of his concerns regarding excessive noise at the Grape Bowl, specifically as
it relates to the new sound system, and its negative effect on his adjacent property. Mr. Bartlam
acknowledged awareness of the complaint and stated staff is working on solutions with those that
utilize the sound system, including announcers that are not employed by the City.
E. Comments by the City Council Members on Non -Agenda Items
Council Member Johnson asked the City Manager to schedule a Shirtsleeve Session to discuss
the topic of public restrooms in the downtown area.
Mayor Nakanishi reported on a meeting with Senator Galgiani to discuss issues of concern to the
City. He also stated the San Joaquin Board of Supervisors held its last regularly scheduled
meeting at the Lodi Grape Festival and realignment was discussed.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings
G-1 Public Hearing to Consider Unmet Transit Needs in Lodi (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 unmet
transit needs in Lodi.
Public Works Director Wally Sandelin provided a brief overview regarding unmet transit needs as
set forth the Council Communication.
Mayor Nakanishi opened the public hearing to receive public comment.
Clifford Weaver spoke in regard to his concerns about the cleanliness of buses and transportation
to and from City Council meetings.
Mayor Nakanishi closed the public hearing after receiving no additional comments.
G-2 Public Hearing to Consider Adopting Uncodified Urgency Interim Ordinance to Extend
Interim Ordinance No. 1868, Which Established a Moratorium on 1) the Outdoor
Cultivation of Medical Marijuana within the City of Lodi, and 2) the Indoor Cultivation of
Medical Marijuana that Creates a Public Nuisance (CA)
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
uncodified urgency interim ordinance to extend interim Ordinance No. 1868, which established a
moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi, and 2) the
indoor cultivation of medical marijuana that creates a public nuisance.
City Attorney Steve Schwabauer provided a brief overview of the proposed extension of the
interim ordinance as set forth in the Council Communication.
In response to Council Member Johnson, Mr. Schwabauer stated the proposed extension is for
one year, a permanent ordinance would need to be in place after that time period, there may be
additional certainty on the topic through court decisions in the next year, and staff is continuing to
work with the affected community on the permanent ordinance for the future.
Mayor Nakanishi opened and closed the public hearing after receiving no public comment.
Council Member Hansen made a motion, second by Mayor Pro Tempore Katzakian, to adopt
uncodified urgency interim Ordinance No. 1885 to extend interim Ordinance No. 1868, which
established a moratorium on 1) the outdoor cultivation of medical marijuana within the City of
Lodi, and 2) the indoor cultivation of medical marijuana that creates a public nuisance.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hansen, Council Member Johnson, Mayor Pro Tempore Katzakian, and
Mayor Nakanishi
Noes: None
Absent: Council Member Mounce
G-3 Public Hearing to Consider Adoption of the 2013 California Buildina Code, Mechanical
Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code,
and Fire Code (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 Nakanishi called for the public hearing to consider adoption
of the 2013 California Building Code, Mechanical Code, Electrical Code, Plumbing Code,
Residential Code, Green Building Standard Code, and Fire Code.
Building Official Dennis Canright provided a brief PowerPoint presentation specifically discussing
the recent changes in the building and related codes and the proposed adoption of the same as
set forth in the Council Communication.
In response to Council Member Hansen, Mr. Canright confirmed the codes set forth requirements
that are often pushed by lobbyists and special interest groups in the construction industry.
In response to Mayor Nakanishi, Mr. Bartlam confirmed that, if the City does not adopt the codes
as recommended, the State codes would go into effect by default and they may not include the
changes outlined by staff.
Mayor Nakanishi opened and closed the public hearing after receiving no public comment.
Mayor Nakanishi made a motion, second by Council Member Hansen, to introduce Ordinance
No. 1886 adopting the 2013 California Building Code; Ordinance No. 1887 adopting the
Mechanical Code; Ordinance No. 1888 adopting the Electrical Code; Ordinance No. 1889
adopting the Plumbing Code; Ordinance No. 1890 adopting the Residential Code; Ordinance
No. 1891 adopting the Green Building Standard Code; and Ordinance No. 1892 adopting the Fire
Code.
H. Communications - None
Regular Calendar - None
Ordinances - None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:02 p.m.
ATTEST:
Randi Johl-Olson
City Clerk