HomeMy WebLinkAboutMinutes - November 4, 2015LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 4, 2015
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of November 4, 2015, was called to order by
Mayor Johnson at 5:30 p.m.
Present: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce,
Council Member Nakanishi, and Mayor Johnson
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: City Council Appointees Schwabauer, Magdich, and Ferraiolo were only present during
their individual evaluations before the City Council.
C-2 Announcement of Closed Session
a) Review of Council Appointees - City Manager, City Attorney, and City Clerk to include
compensation evaluation for City Attorney and City Clerk (Gov. Code 54957)
C-3 Adjourn to Closed Session
At 5:30 p.m., Mayor Johnson 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 Johnson reconvened the City Council meeting and disclosed the following
action.
Item C-2 (a) was discussion only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of November 4, 2015, was called to order by Mayor Johnson at
7:00 p.m.
Present: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce,
Council Member Nakanishi, and Mayor Johnson
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
B. Presentations
B-1 Lodi Citizens in Action Presentation (CLK)
June Aacker with the Lodi Citizens in Action presented a check in the amount of $8,133 to
Tracy Williams and Shana Brucia with the Lodi Police Foundation in celebration of the success of
the recent Lodi Law Enforcement Appreciation Event held at Lodi Lake. Ms. Aacker announced
that the goal of Lodi Citizens in Action is to make this an annual event. Ms. Brucia thanked the
organization and stated that the funds will go toward the Police Department's new electric
motorcycles.
B-2 Runawav Homeless Youth Awareness Month Proclamation (CLK
Mayor Johnson presented a proclamation to Melissa Amos, Youth Shelter Manager with the
Women's Center of San Joaquin Youth and Family Services, proclaiming the month of November
2015 as "Runaway Homeless Youth Awareness 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 Chandler, 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: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce,
Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: None
C-1 Receive Register of Claims in the Amount of $3,542,634.12 (FIN)
Claims were approved in the amount of $3,542,634.12.
C-2 Approve Minutes (CLK)
The minutes of October 20, 2015 (Shirtsleeve Session) and October 21, 2015 (Regular Meeting)
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 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 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-6 Approve Specifications and Authorize Advertisement for Bids to Procure Polemount
Transformers (EU)
Approved specifications and authorized advertisement for bids to procure polemount
transformers.
C-7 Adopt Resolution Authorizing City Manager to Award Contract for Lodi Lake Park - Boat
Launch Facility Improvements to the Lowest Responsive Bidder (Not to Exceed $900,000)
and Appropriating Funds ($190,000) (PW)
Adopted Resolution No. 2015-188 authorizing the City Manager to award the contract for
Lodi Lake Park - Boat Launch Facility Improvements to the lowest responsive bidder in an
amount not to exceed $900,000 and appropriating funds in the amount of $190,000.
C-8 Adopt Resolution Awarding Contract for Michael David Winery Force Main Project to
Vinciguerra Construction, of Sutter Creek ($831,600); Authorizing City Manager to Execute
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Professional Services Agreement with Kieldsen, Sinnock & Neudeck, Inc., of Stockton, for
Construction Services ($25,300); and Appropriating Funds ($942,590) (PW)
Adopted Resolution No. 2015-189 awarding the contract for the Michael David Winery Force
Main Project to Vinciguerra Construction, of Sutter Creek, in the amount of $831,600; authorizing
the City Manager to execute a Professional Services Agreement with Kjeldsen, Sinnock &
Neudeck, Inc., of Stockton, for construction services, in the amount of $25,300; and appropriating
funds in the amount of $942,590.
C-9 Accept Improvements Under Contract for Well 6R Pump Replacement Project (PW)
Accepted improvements under the contract for the Well 6R Pump Replacement Project.
C-10 Accept Improvements Under Contract for Henry Glaves Park Pump Station Improvement
Project (PW)
Accepted improvements under the contract for the Henry Glaves Park Pump Station
Improvement Project.
C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Otis Elevator Company, of North Highlands, for Elevator Services and Authorizing
Public Works Director to Execute Extension ($37,500) (PW)
Adopted Resolution No. 2015-190 authorizing the City Manager to execute a Professional
Services Agreement with Otis Elevator Company, of North Highlands, for elevator services and
authorizing the Public Works Director to execute an extension, in the amount of $37,500.
C-12 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Moore Twining Associates, of Fresno, for Public Works Water/Wastewater Laboratory
Services (Not to Exceed $150,OOO) (PW)
Adopted Resolution No. 2015-191 authorizing the City Manager to execute a Professional
Services Agreement with Moore Twining Associates, of Fresno, for Public Works
water/wastewater laboratory services, in an amount not to exceed $150,000.
C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Petralogix Engineering, of Galt, for Engineering and Environmental Services for White
Slough Water Pollution Control Facility ($66,725) and Appropriating Funds ($100,000)
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Adopted Resolution No. 2015-192 authorizing the City Manager to execute a Professional
Services Agreement with Petralogix Engineering, of Galt, for engineering and environmental
services for White Slough Water Pollution Control Facility, in the amount of $66,725, and
appropriating funds in the amount of $100,000.
C-14 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with Interwest Consulting Group, of Elk Grove, for Geographical
Information System Consulting Services ($40,650) (PW)
Adopted Resolution No. 2015-193 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Interwest Consulting Group, of Elk Grove, for
geographical information system consulting services, in the amount of $40,650.
C-15 Adopt Resolution Appropriating $10,000 for Parks, Recreation, and Cultural Services
Copier Purchase (PRCS)
Adopted Resolution No. 2015-194 appropriating $10,000 for Parks, Recreation, and Cultural
Services copier purchase.
C-16 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for
Fiscal Year 2014/15 (PW)
Adopted Resolution No. 2015-195 approving the Impact Mitigation Fee Program Annual Report
for Fiscal Year 2014/15.
C-17 Adopt Resolution Approving City of Lodi Post -Construction Stormwater Development
Standards Manual (PW)
Adopted Resolution No. 2015-196 approving the City of Lodi Post -Construction Stormwater
Development Standards Manual.
C-18 Set Public Hearing for December 16, 2015, to Consider Adopting Resolution Setting Pre -
Approved Engineering News Record Adiustment Index for Usage -Based and Flat Water
Rates for Residential, Commercial, and Industrial Customers (PW)
Set a public hearing for December 16, 2015, to consider adopting a resolution setting pre -
approved Engineering News Record adjustment index for usage -based and flat water rates 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.
Mamie Starr and volunteers with the Lodi Sandhill Crane Association gave a presentation on the
2015 Sandhill Crane Festival at Hutchins Street Square from November 6 to 8. Ms. Starr
highlighted the many events, such as the awards dinner, art show and reception, 50 scheduled
tours, and presentations, including one from keynote speaker Gary Ivey from the International
Crane Foundation. Ms. Starr reported the Festival has turned into the busiest overnight stay
weekend of the year and is of great economic benefit for Lodi. Kathy Grant stated many articles
have been published on the Festival, bloggers have been discussing the event, and Fox 40
News will be at Dancing Fox to feature its Sandhill Crane bread loaf and at Woodbridge Winery to
feature its wines.
Mayor Pro Tempore Chandler commended the group for organizing this high-quality festival,
adding that it is not solely the wine industry that makes Lodi special, it is also its nature, the
Crane Festival, and the community's authenticity.
Kristin Williams with The Reuse People of America, Inc., introduced the non-profit company,
which encourages the deconstruction of residential structures and donations. She stated there
were two recently -demolished buildings in Lodi that were good candidates for this program,
including an older home south of the Wal-Mart development and another building on
Lower Sacramento Road and Woodbridge Road. Projects are more feasible because of the tax
deduction, and materials are salvaged and sold second hand. Ms. Williams added recent
legislation went into affect that increases the required landfill reduction from 50 percent to 75
percent by 2020, which makes deconstruction more of a necessity. She believed this was a
permitting issue, as well as a waste management issue, and she encouraged the City to make it a
goal to create incentives at the Community Development permitting level. Ms. Williams requested
a more thorough presentation be scheduled for a future Shirtsleeve Session.
Marilyn Hughes spoke in support of the City offering pickle ball as a sport, stating the US Pickle
Ball Association has agreed to offer demonstrations and lessons in Lodi, as well as use of
materials, if a location is provided. She encouraged Council to support the activity and approve a
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suitable location, such as a tennis or basketball court, which can be striped for pickle ball
Council Member Kuehne expressed support for bringing the sport of pickle ball to Lodi and stated
he believed it would be inexpensive to set up appropriate courts.
Duane Simpfenderfer with the Day -to -Day Diabetes Support Group asked the Council to
recognize November 2-15, 2015, as National Diabetes Month and reported that November 14 is
Worldwide Global Diabetes Day. Mr. Simpfenderfer stated an outreach program called Trial Net
will be held on November 19 at 4 p.m. to test families for certain antibodies of Type 1 diabetes.
Check-in will be at the Lodi Public Library, with the tests run at the Lodi News -Sentinel employee
lunch room. Susan Sanchez, registered nurse, reported San Joaquin County is one of the worst
counties in caring for diabetes; Sandy Whitbeck stated she arranges for monthly speakers at
group meetings, with varying topics on food, nutrition, fitness, and health; and Bonnie Bittle
expressed support for the assistance and understanding this group has given to her as a Type 1
diabetic. Mayor Johnson presented the group with a proclamation proclaiming the month of
November 2015 as "National Diabetes Month" in the City of Lodi.
E. Comments by the City Council Members on Non -Agenda Items
Mayor Pro Tempore Chandler reported Lodi Wine Enthusiast magazine named Lodi the Wine
Region of 2015, which received front-page coverage in the Lodi News -Sentinel. He stated this
was a testament to the grapegrowers, wineries, and Visit Lodi! and congratulated the industry on
this achievement. Further, Mayor Pro Tempore Chandler reported he spoke on behalf of the
Mayor at the Mayor's State of the City Address, at which the Chamber outlined its Vision 2020
program and the City Manager explained the current state of the City. In the afternoon, he
participated in the swearing-in ceremony of new Police Chief Tod Patterson, at which a record
number of people attended with pride and affection for Chief Patterson. He commended the
City Manager on making a good selection and stated he looked forward to a great future with the
Lodi Police Department.
Council Member Mounce reminded that at the last meeting she brought up the concept of a new
commission as an oversight group for the Electric Utility, for which another Council Member
expressed interest. She requested the matter be brought before Council at a meeting in the near
future so that Council can decide how to form the group. Ms. Mounce believed this commission
would bring value to the Council by bringing issues forward that it may not be aware of, adding
that, had this group existed, Council could have been working on an improved product and better
customer service instead of leaving citizens to struggle under financial duress. Council Member
Mounce reported the Electric Utility Director is arranging for a tour of the Electric Utility and urged
anyone from the FaceBook group, Citizens Against City of Lodi Electric Utility Rates & Charges,
to contact her if interested in participating. Further, Council Member Mounce informed the public
that her City e-mail account has not properly functioned for the last seven years; therefore,
anyone wishing to reach her can do so through her private e-mail address:
0mounce(a)lodicitycouncil.com.
Council Member Nakanishi reported he attended the Mayor's State of the City Address and
responded to the Lodi News -Sentinel article that criticized the Council for holding the event in
Woodbridge, stating the event is, and always has been, sponsored by the Lodi District Chamber
of Commerce. He stated it has traditionally been held at Hutchins Street Square; however, the
Chamber opted to look elsewhere because the City started charging the Chamber to utilize the
facility in order to cover expenses. In a recent report by Parks, Recreation, and Cultural Services
Director Jeff Hood, it was reported the Department was able to pay back $800,000 of debt and to
begin accumulating a fund balance due to the fact that it cut staff and began charging for use of
City property instead of renting it out at no charge to certain organizations. Council Member
Nakanishi recognized the Chamber for hosting the event and commended Mayor Pro Tempore
Chandler and City Manager Schwabauer for their presentations.
F. Comments by the Citv Manaaer on Non-Aaenda Items
None.
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G. Public Hearings
G-1 Public Hearing to Consider Adopting Resolution Setting the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan Development Fees for 2016 (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 Johnson called for the public hearing to consider adopting a
resolution setting the San Joaquin County Multi -Species Habitat Conservation and Open Space
Plan development fees for 2016.
Senior Planner Craig Hoffman provided a presentation regarding the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan development fees for 2016. Specific topics
of discussion included original Plan adoption in 2001, schedule of fees for property owners to
develop with non-agricultural use, mitigation of cumulative impacts of new development on
habitat lands, and annual review of fees. Mr. Hoffman stated this is not a City of Lodi fee and is
paid by developers for land surrounding the community for open space and agriculture. The 2016
fees, which were approved by San Joaquin Council of Governments (SJCOG), are increasing by
7 percent; each local jurisdiction is requested to approve the new fee schedule; and the fees will
be effective January 1, 2016. Mr. Hoffman stressed this is not a City fee that citizens pay; it is
paid by land owners for their projects.
In response to Mayor Pro Tempore Chandler, Mr. Hoffman stated the fees are based per acre
and it is a great program that most developers prefer to use because it streamlines and quickens
the process instead of working with the Department of Fish and Wildlife.
Mayor Johnson opened the public hearing for public comment.
An unidentified individual requested a further explanation of the fee, stating she felt it was unjust.
Mr. Hoffman explained the developer is not required to participate in the program or pay the fee.
The developer can opt to work with the Department of Fish and Wildlife to create a mitigation
strategy instead of paying the fee, but most choose the fee because it is a streamlined approach
that moves the project along in a timely fashion.
Council Member Mounce added this mitigation comes from the California Environmental Quality
Act (CEQA) process, which states developers who convert land, such as farmland, into a
commercial or residential use, must participate in extremely restrictive mitigation measures. She
added the League of California Cities is working to lessen the effects of CEQA, but it is a slow-
moving process.
Council Member Kuehne further explained there are mitigation fees that developers must pay one
way or the other: they can opt to work through the Department of Fish and Wildlife, which can
take years to mitigate, or they can pay the fee to SJCOG, which will go toward the purchase of an
equal amount of land purchased elsewhere that would remain undeveloped as open space. This
process is supported by the Business Industry Association and is positive for both developers and
citizens because it does not hold up development for years and it provides for large open spaces
for future growth.
In response to Council Member Nakanishi, Mr. Hoffman stated this program started in 2001, with
the fees renewed annually. He added, in some years, the fees remained the same or decreased
when development was low.
There being no further public comments, Mayor Johnson closed the public hearing.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt
Resolution No. 2015-197 setting the San Joaquin County Multi -Species Habitat Conservation and
Open Space Plan Development Fees for 2016.
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VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce,
Council Member Nakanishi, and Mayor Johnson
Noes: None
Absent: None
H. Communications - None
I. Regular Calendar
1-1 Introduce Ordinance Amending Lodi Municipal Code Title 13 - Public Services - by
Repealing and Re-Enactinq Chapter 13.04, "Service Generally," and Chapter 13.08,
"Water Service," in Their Entirety (PW)
Public Works Director Wally Sandelin provided a PowerPoint presentation regarding revisions to
Lodi Municipal Code Chapters 13.04, Service Generally, and Chapter 13.08, Water Service.
Specific topics of discussion included a review of each section and the recommended changes,
including any amendments made as a result of the comments made at the October 27
Shirtsleeve Session.
Council Member Mounce expressed concern with turning off both electricity and water services
for non-payment, which makes a home uninhabitable, stating she would not support an
amendment that could potentially displace residents.
Council Member Kuehne appreciated the change in verbiage regarding the assessment of
penalties, which added a threshold of 120 days or delinquent utility charges in excess of $3,000
and the 48-hour notification requirement, stating he was amenable to supporting the amendment;
however, he questioned if staff was comfortable with this change or if there was a better
alternative. City Manager Schwabauer responded staff is satisfied with this approach, adding
there are customers who never pay their water bill and currently there is no mechanism to turn off
water. He further explained the amendment includes an appeal process if there is a special need.
Mayor Pro Tempore Chandler stated he was the one who requested language regarding personal
notice and stated he was satisfied with the amendment.
In response to Council Member Mounce, Mr. Schwabauer explained the personal notice is
48 hours prior to termination of water service; however, a customer receives a cut-off notice from
the first failure to pay under the ordinary ordinance procedure, which is two months before the
final notice of termination. In further response, City Attorney Magdich stated, under this code,
appeals are directed to and handled by the Director of Finance prior to discontinuance of service.
In response to Council Member Mounce, Mr. Sandelin stated staff did not notify apartment
complex owners of the changes to the section relating to apartments, condominiums, and flats
and added this modification brings the code into compliance with the water meter program and
State law. Council Member Mounce questioned if this particular amendment achieves water
conservation, which is the purpose of the water meter program, to which Ms. Magdich responded
the amendment comports with State law. Council Member Mounce reiterated her suggestion from
the Shirtsleeve Session on this topic that individual occupants be billed for water and the property
owner true up the water bill at the end of the year. In the next cycle, the individual bills can be
adjusted higher or lower, if necessary, and still be in compliance with State law. In response to
Council Member Mounce, Ms. Magdich stated she could not opine at the dais if this method could
be followed. Mr. Sandelin pointed out this amendment brings the Municipal Code into compliance
with State regulations and, if approved as worded, there is nothing prohibiting Council from taking
action in the future to align the code with the concept outlined by Council Member Mounce.
Council Member Mounce stated she would prefer to leave the amended language out of the code
and bring it forward at a later date after staff researches whether or not this concept complies with
State law.
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In response to Council Member Mounce, Mr. Sandelin stated Public Works staff would be
reasonable and use their best judgment with customers as it relates to overspray from sprinklers
because it is understood that it is not feasible to completely eliminate overspray. He stressed this
language needs to be in the code to be compliant with State regulations. Council Member
Mounce suggested adding the word "excessive" to the code in relation to overspray, to which
Mr. Sandelin agreed.
In response to Mayor Pro Tempore Chandler, Mr. Sandelin stated, with regard to testing,
maintenance, and repair of backflow prevention assemblies, property owners are required on an
annual basis to perform preventative maintenance. Once the work is completed, the property
owner is required to provide proof of inspection that the system is working accurately. If that does
not occur, Public Works follows up with a notice and, if the work is not completed, staff will
perform the work.
Ms. Magdich concurred the addition of the word "excessive" in relation to overspray of sprinklers
to the code section is allowable and pointed out the section describes overspray as water that
flows onto an impervious surface, such as on the sidewalk and into the gutter.
Council Member Mounce stated she is concerned that some citizens in the older portions of town
already pay to water City property, i.e. medians and parkways, and this amendment would now
fine individuals for overspraying of sprinklers. Mr. Sandelin assured Council that staff views each
case individually, stating there are true offenders and then there are incidental problems that can
be easily fixed.
Nancy Watts expressed concern with the section concerning apartments, condominiums, and
flats, stating holding multi -family property owners responsible for the water usage of tenants is
unfair. She urged Council to request that the City Attorney research the State mandate to verify
whether the concept of billing water usage to individual tenants and truing up the bill with the
property owner at the end of the year is viable. The goal of the State mandate is to conserve
water; not who pays the bill. The owners of apartments and duplexes feel this regulation needs to
be strengthened to make tenants responsible for their water bills.
Marilyn Hughes suggested the code be written to allow the purchase and use of rain barrels for
water conservation because some property owners and property managers do not allow residents
to install them.
Ardel Gillingwater expressed concern with the water trucks at construction sights and questioned
if the City is paid for those loads. She further asked if any State -assessed penalties for not
meeting the water conservation goal would be passed onto residents. Mr. Sandelin stated
Public Works charges for construction water and this particular water is not included in the
Governor's order for water conservation.
Mike Lusk believed the time between the Shirtsleeve Session on this topic and adoption of the
ordinance was inadequate and did not allow the public the opportunity to study the matter. In
addition, he believed the abbreviated summary presentation at this meeting does not do justice to
the ordinance. He requested Council delay action on this matter so that the public can review it in
detail and bring forth their concerns. Mr. Lusk expressed concern the charges and penalties
conflict with Proposition 218, stating many of the code sections were initiated in the 40s and 50s
and likely do not take Proposition 218 into account. Ms. Magdich pointed out the only addition to
the redline version of the ordinance from the Shirtsleeve Session was the added language
regarding water service termination. With regard to Proposition 218, Ms. Magdich stated none of
the penalties or surcharges are subject to Proposition 218, adding there is an appellate case on
point from 2010, which distinguishes penalties from taxes. Penalties are assessed after someone
fails to do something, i.e. not pay a bill, which does not trigger Proposition 218. Ms. Magdich
further stated Proposition 218 does not apply to any of the code amendments proposed in this
ordinance. Mr. Lusk requested the matter be delayed until issues from the ratepayers who are
concerned about the electric utility situation are resolved. Mr. Schwabauer explained the action
on this agenda is to introduce the ordinance and, pursuant to California law, a second reading is
required, at which time the ordinance would be approved. The purpose of having two readings is
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to publish the ordinance and give the public an additional opportunity to comment. In further
response, if additional changes are brought forward at the second reading, the ordinance would
need to be re -introduced. He stressed, however, the importance of moving forward with this
ordinance, stating four or five large districts were fined recently for not meeting the Governor's
conservation goals. In most cases, the districts were fined for taking no action to meet the goal,
and he explained this ordinance revision would demonstrate Lodi's diligence in trying to meet the
State mandate; otherwise, all of Lodi will pay more. Mr. Lusk stated he believed the urgency was
not so great that the ordinance needed to be introduced at this meeting.
Susie Rabusin with the FaceBook group, Citizens Against City of Lodi Electric Utility Rates &
Charges, questioned how the penalties for testing of backflow prevention assemblies would be
assessed; if it would be added to the water bill or property tax bill; and who is responsible when
the tenant pays the water bill but the property owners pays the property tax bill. Mr. Sandelin
stated this requirement is only on commercial and industrial properties. Ms. Rabusin stated the
number one complaint she receives from people is about the City's fines and she relayed an
incident in which she received a verbal warning from Water Conservation about watering a brown
spot on her lawn on a non -watering day and then a written notice for allowing her dog to run in
the water. She believed the officers need to be reasonable and expressed concern that
some are more lenient while others get carried away on enforcing regulations. Another complaint
Ms. Rabusin receives from people is that City parks are overwatered and it is unfair to penalize
citizens when the City is not subject to the same penalties.
Council Member Kuehne stated he was comfortable with all of the recommended amendments
with the exception of Section 13.04.060 relating to apartments, condominiums, and flats.
Council Member Mounce concurred, stating she would prefer Section 13.04.060 not be amended
at this time.
Council Member Mounce made a motion, second by Council Member Kuehne, to introduce
Ordinance No. 1917 amending Lodi Municipal Code Title 13 - Public Services - by repealing and
re-enacting Chapter 13.04, "Service Generally," and Chapter 13.08, "Water Service," in their
entirety, with the exception of Section 13.04.060 regarding apartments, which will remain
unchanged from its original language.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce, and
Council Member Nakanishi
Noes: Mayor Johnson
Absent: None
Ordinances
J-1 Ordinance No. 1916 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 17, Article 6 - Development Code Administration - by Adding Chapter
17.67, 'Reasonable Accommodation"' (CLK)
Council Member Mounce made a motion, second by Council Member Kuehne, (following reading
of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance
No. 1916 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17,
Article 6 - Development Code Administration - by adding Chapter 17.67, 'Reasonable
Accommodation,"' which was introduced at a regular meeting of the Lodi City Council held
October 21, 2015.
VOTE:
The above motion carried by the following vote:
Ayes: Mayor Pro Tempore Chandler, Council Member Kuehne, Council Member Mounce,
Council Member Nakanishi, and Mayor Johnson
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Noes: None
Absent: None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:42 p.m. in memory of Joni Rooney, wife of Fire Chief Larry Rooney, who passed away on
Thursday, October 29, 2015.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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