HomeMy WebLinkAboutMinutes - December 18, 2013LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, DECEMBER 18, 2013
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of December 18, 2013, was called to order by Mayor
Katzakian at 6:35 p.m.
Present: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen,
and Mayor Katzakian
Absent: Council Member Nakanishi
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 City
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 .454957.6
C-3 Adjourn to Closed Session
At 6:35 p.m., Mayor Katzakian adjourned the meeting to a Closed Session to discuss the above
matter. The Closed Session adjourned at 6:55 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Katzakian reconvened the City Council meeting, and City Attorney
Schwabauer disclosed the following action.
Item C-2 (a) was discussion and direction only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of December 18, 2013, was called to order by Mayor Katzakian
at 7:00 p.m.
Present: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen,
and Mayor Katzakian
Absent: Council Member Nakanishi
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl-Olson
B. Presentations
B-1 Presentation of Government Finance Officers Association Certificate of Achievement for
Excellence in Financial Reporting (CM)
Mayor Katzakian presented the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting to Ruby Paiste, Financial Services Manager,
and Wendy Corder-Dowhower, Supervising Accountant.
B-2 Quarterlv Update from the Greater Lodi Area Youth Commission (PRCS
Miranda O'Mahony and Daniel Anaforian, members of the Greater Lodi Area Youth Commission,
gave a presentation regarding the Commissions activities and accomplishments.
C. Consent Calendar (Reading: Comments by the Public: Council Action)
Council Member Mounce made a motion, second by Council Member Johnson, to approve the
following items hereinafter set forth in accordance with the report and recommendation of the City
Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Nakanishi
C-1 Receive Register of Claims in the Amount of $1,864.714.95 (FIN)
Claims were approved in the amount of $1,864,714.95.
C-2 Approve Minutes (CLK)
The minutes of November 20, 2013 (Regular Meeting), November 26, 2013 (Shirtsleeve
Session), December 3, 2013 (Shirtsleeve Session), December 3, 2013 (Special Meeting),
December 4, 2013 (Regular Meeting), and December 10, 2013 (Shirtsleeve Session) were
approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Water Meter
Program Phase 4 (PW)
Approved the plans and specifications and authorized advertisement for bids for Water Meter
Program Phase 4.
C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for Water Meter
Program - Non -Residential Phase (PW)
Approved the plans and specifications and authorized advertisement for bids for Water Meter
Program - Non -Residential Phase.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater
Main Rehabilitation Program (Project No. 6) (PW)
Approved the plans and specifications and authorized advertisement for bids for Wastewater
Main Rehabilitation Program (Project No. 6).
C-6 Approve Specifications and Authorize Advertisement for Bids to Procure Padmount
Transformers (EU)
Approved the specifications and authorized advertisement for bids to procure padmount
transformers.
C-7 Approve Specifications and Authorize Advertisement for Bids for Directional Boring,
Excavation, and Conduit Installation (EU)
Approved the specifications and authorized advertisement for bids for directional boring,
excavation, and conduit installation.
C-8 Adopt Resolution Authorizing the Lodi Police Department to Accept a 1994 Ford Econoline
E350 Diesel Van (PD)
Adopted Resolution No. 2013-214 authorizing the Lodi Police Department to accept a 1994 Ford
Econoline E350 diesel van and authorizing the City Manager to execute a Transfer of Surplus
Property and Hold Harmless Agreement.
C-9 Adopt Resolution Approving the Purchase of Transit Fare Collection Vault Equipment from
Sole Source GFI GenFare, of Elk Grove Village, IL ($41,083.41) (PW)
Adopted Resolution No. 2013-215 approving the purchase of transit fare collection vault
equipment from sole source GFI GenFare, of Elk Grove Village, IL, in the amount of $41,083.41.
C-10 Adopt Resolution Accepting Improvements Under Contract for Grape Bowl Phase 3
Improvements Project and Appropriating Funds ($110,000) (PW)
Adopted Resolution No. 2013-216 accepting improvements under contract for Grape Bowl Phase
3 Improvements Project and appropriating funds in the amount of $110,000.
C-11 Adopt Resolution Accepting Improvements Under Contract for Water Meter Program
Phase 3 and Appropriating Funds ($750,000) (PW)
Adopted Resolution No. 2013-217 accepting improvements under contract for Water Meter
Program Phase 3 and appropriating funds in the amount of $750,000.
C-12 Accept Improvements Under Contract for Kofu Park Parking Lot Improvements, 1145
South Ham Lane (PW)
Accepted the improvements under contract for Kofu Park Parking Lot Improvements, 1145 South
Ham Lane.
C-13 Adopt Resolution Authorizing the City Manager to Execute Contract Amendment with Atlas
Copco Compressors, LLC, to Include Repairs to Compressed Natural Gas Fueling Station
($25,000) (PW)
Adopted Resolution No. 2013-218 authorizing the City Manager to execute contract amendment
with Atlas Copco Compressors, LLC, to include repairs to compressed natural gas fueling station
in the amount of $25,000.
C-14 Adopt Resolution Authorizing the City Manager to Extend the Term of the Contract with
Matt Foskett Consulting LLC for Electric Utility Rates and Resources Services (EU)
Adopted Resolution No. 2013-219 authorizing the City Manager to extend the term of the contract
with Matt Foskett Consulting LLC for Electric Utility rates and resources services.
C-15 Adopt Resolution Authorizing the City Manager to Approve Contract with Comcast
Enterprise Services for Internet Service Upgrade ($25,200) (CM)
Adopted Resolution No. 2013-220 authorizing the City Manager to approve contract with
Comcast Enterprise Services for internet service upgrade in the amount of $25,200.
C-16 Adopt Resolution Approving Affordable Care Act's Look -Back Measurement Method Safe
Harbor (CM)
Adopted Resolution No. 2013-221 approving Affordable Care Act's Look -Back Measurement
Method Safe Harbor.
C-17 Adopt Resolution Approving Transit Policy for Personal Care Attendants on the GrapeLine
Fixed Route Service (PW)
Adopted Resolution No. 2013-222 approving Transit Policy for Personal Care Attendants on the
GrapeLine Fixed Route Service.
C-18 Adopt Resolution Authorizing Removal of School Crosswalk and All Associated Signage
and Striping on Holly Drive West of Fairmont Avenue (PW)
Adopted Resolution No. 2013-223 authorizing removal of school crosswalk and all associated
signage and striping on Holly Drive west of Fairmont Avenue.
C-19 Set Public Hearing for January 15. 2014, to Consider and Approve an Amendment of the
2013/14 Action Plan to Accommodate the Reallocation of Community Development Block
Grant Funds (CD)
Set public hearing for January 15, 2014, to consider and approve an amendment of the 2013/14
Action Plan to accommodate the reallocation of Community Development Block Grant funds.
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
Council Member Mounce asked that staff follow up on specific locations of concern regarding
sidewalk repairs and code enforcement issues.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings
G-1 Public Hearina to Consider Adoptina Resolution Confirmina the 2014 Annual Report and
Levy of Assessments Within the Lodi Tourism Business Improvement District (CM)
NOTE: This item is a quasi-judicial hearing and requires disclosure of ex parte
communications as set forth in Resolution No. 2006-31
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Katzakian called for the public hearing to consider adopting
resolution confirming the 2014 Annual Report and levy of assessments within the Lodi Tourism
Business Improvement District.
Deputy City Manager Jordan Ayers provided a brief overview of the proposed resolution
confirming the 2014 annual report and levy of assessments within the Lodi Tourism Business
Improvement District as set forth in the Council Communication.
Mayor Katzakian opened the hearing to receive public comment. Receiving no comments, Mayor
Katzakian closed the public hearing.
Council Member Mounce made a motion, second by Mayor Pro Tempore Hansen, to adopt
Resolution No. 2013-224 confirming the 2014 Annual Report and levy of assessments within the
Lodi Tourism Business Improvement District.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Nakanishi
G-2 Public Hearinq 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 (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 Katzakian called for the public hearing 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.
Public Works Director Wally Sandelin provided a PowerPoint presentation regarding the pre -
approved Engineering News Record adjustment index for water rates. Specific topics of
discussion included the history and procedure of the previous approval for adjustments, five-year
summary, current and recommended rates, and local and regional rate comparisons.
In response to Council Member Mounce, Mr. Sandelin stated this item is related to an
existing five-year program of approved increases through which the City Council was provided
information on how to keep the program operations level through 2014. Mr. Sandelin stated the
new Proposition 218 process will be approved in 2014 for implementation in 2015 through 2018.
Mayor Katzakian opened the hearing to receive public comment. Receiving no comments, Mayor
Katzakian closed the public hearing.
Council Member Johnson made a motion, second by Mayor Katzakian, to adopt Resolution
No. 2013-225 setting pre -approved Engineering News Record adjustment index for usage -based
and flat water rates for residential, commercial, and industrial customers.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Hansen, and Mayor Katzakian
Noes: Council Member Mounce
Absent: Council Member Nakanishi
G-3 Public Hearing to Consider Adopting Resolutions Setting Future Water, Wastewater, and
Solid Waste Rate Schedules Pursuant to Proposition 218 for Residential, Commercial, and
Industrial Customers (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 Katzakian called for the public hearing to consider adopting
resolutions setting future water, wastewater, and solid waste rate schedules pursuant to
Proposition 218 for residential, commercial, and industrial customers.
City Attorney Schwabauer provided a brief overview of the need to extend the public hearing to
ensure notice is provided to all residents, including the approximately 1,300 residents that may
not have received notice due to a computer error.
Council Member Johnson expressed his preference to re -do the entire Proposition 218
process from the beginning, notwithstanding the costs associated with the same, to ensure
proper notice is given to all residents.
The following residents provided a protest to the proposed water, wastewater, and solid waste
rates pursuant to Proposition 218:
James Born - 526 Louie Avenue
Alan Goldberg - 912 Everett Court
Laurie and Edward Perez - 76 Westwood Drive
Maria Rubino - 212 Maple Street
Martha Garcia - 241 1/2 Flora Street
Elba Reyes, 211 Watson
Matthew Hinton - 230 Meadowlark Way
Doug Kuehne spoke in regard to his preference for a comparison with other cities.
City Attorney Schwabauer provided an overview of the process associated with in -lieu transfers
from utilities to the General Fund for cost of services provided to specific enterprises. Public
Works Director Wally Sandelin provided an overview of the various water meter sizes, costs, and
installation of the same.
In response to Council Member Mounce, Mr. Schwabauer stated the Proposition 218 notices
were not sent out in Spanish. Council Member Mounce expressed her preference for a re -do of
the entire Proposition 218 process.
In response to Mayor Katzakian, Mr. Schwabauer stated Proposition 218 does allow notices to go
out with utility billing. Mr. Ayers stated it would take approximately four weeks for the utility billing
cycle to be completed and there are approximately 6,000 customers who do not receive a paper
bill.
In response to Council Member Hansen, Mr. Ayers stated the 6,000 customers that do not
receive a paper bill receive an electronic bill at their request and a process will need to be
included for noticing those customers.
Council Member Mounce made a motion, second by Council Member Johnson, to (1) conduct the
Proposition 218 process again from the beginning, (2) conduct the new process through the City's
existing utility billing system, (3) include in the final count any protests received to date under the
current noticing, (4) provide bilingual notices in the new process, (5) ensure the new notices are
in a readable font and include a marking indicating the importance of the notice, (6) include
with the notice a copy of the letter written by the Public Works Director explaining the need for the
increase, (7) provide bilingual translators at future public hearings for this topic, and (8) schedule
a future City Council or Shirtsleeve Session to review what alternatives are available to the
community if a rate increase is not implemented.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Nakanishi
H. Communications
H-1 Monthlv Protocol Account Report (CLK
Mayor Katzakian made a motion, second by Council Member Mounce, to accept the cumulative
Monthly Protocol Account Report through November 30, 2013.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Nakanishi
I. Regular Calendar
1-1 Review of City's Annual Financial Report (Fiscal Year 2012/13) by Macias. Gini &
O'Connell, LLP (CM)
Deputy City Manager Jordan Ayers provided a PowerPoint presentation regarding the 2012/13
Comprehensive Annual Financial Report. Specific topics of discussion included the auditor's
opinion, status of the City's financial position including budget to actual variances in the General
Fund, single audit results, and a review of the Management Letter including previous year
findings.
Council Member Mounce requested a future meeting to review the utility late fee amount charged
for non-payment in light of the $415,000 increase reflected in the presentation.
In response to Council Member Hansen, Mr. Ayers stated police officer hiring is subject to a time
limit based on the terms of the grant. Mr. Bartlam stated there is also an ability to hire issue
associated with the funding, which includes current numbers in the department and the lengthy
hiring process.
In response to Council Member Hansen, Police Chief Mark Helms stated there are currently three
vacancies and two officers starting in January. A brief discussion ensued amongst Council
Member Hansen and Chief Helms regarding the hiring and recruiting process for police officers.
In response to Council Member Johnson, Mr. Ayers stated he does monitor reserve
establishment in the industry and is comfortable with the current amount.
In response to Council Member Mounce, Mr. Ayers stated with respect to offsite back-up at White
Slough, the hardware is in place but the process has not yet been started and staff will review the
same in connection with the Tyler implementation.
In response to Council Member Mounce, Auditor Scott Brunner stated the City staff works very
well with the auditors to ensure documentation requested is provided and the City is financially
more stable this year than the previous year. Mr. Brunner stated a future item of concern for the
City Council is GASB 68, which is related to reporting unfunded pension liabilities. Mr. Brunner
stated the reporting itself will reduce the net position for agencies in the future and overall the
City's debt to asset ratio currently is on par with other agencies.
Ordinances - None
K. Reorganization of the Following Agency Meetings: 1) Lodi Public Improvement
Corporation; 2) Industrial Development Authority: 3) Lodi Financing Corporation; and 4)
Lodi Public Financing Authority
Mayor Katzakian made a motion, second by Council Member Mounce, to adopt the following
resolutions: Resolution No. LPIC2013-01 reorganizing the Lodi Public Improvement Corporation;
Resolution No. IDA -36 reorganizing the Industrial Development Authority; Resolution No. LFC-23
reorganizing the Lodi Financing Corporation; and Resolution LPFA2013-01 reorganizing the Lodi
Public Financing Authority.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Hansen, and
Mayor Katzakian
Noes: None
Absent: Council Member Nakanishi
L. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 8:25 p.m., in memory of long-time Public Works employee, John Croce, who passed away on
November 27.
ATTEST:
Randi Johl-Olson
City Clerk