HomeMy WebLinkAboutMinutes - September 21, 2016LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 21, 2016
C-1 Call to Order/ Roll Call - N/A
C-2 Announcement of Closed Session - N/A
C-3 Adjourn to Closed Session - N/A
C-4 Return to Open Session / Disclosure of Action - N/A
A. Call to Order / Roll Call
The Regular City Council meeting of September 21, 2016, was called to order by Mayor Pro
Tempore Kuehne at 7:00 p.m.
Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Absent: Mayor Chandler
Also Present: City Manager Schwabauer, Deputy City Attorney Fukasawa, and City Clerk
Ferraiolo
B. Presentations
B-1 Presentation of Certificate of Appreciation to Family of Rowland Cheney for Art
Contributions to City of Lodi and Arts Commission (PRCS)
Mayor Pro Tempore Kuehne presented a certification of appreciation to Rowland Cheney's son,
Zac Cheney, and daughter, Marin Whitaker, in recognition of Mr. Cheney's art contributions to the
City of Lodi and the Arts Commission.
B-2 Fire Prevention Week Proclamation (FD)
Mayor Pro Tempore Kuehne presented a proclamation to Fire Chief Larry Rooney proclaiming
October 9-15, 2016, as "Fire Prevention Week" in Lodi. Chief Rooney stated the theme of this
year's Fire Prevention Week is "Don't Wait; Check the Date" on smoke detector batteries and
encouraged all homeowners to practice escape plans, determine a family meeting place to
ensure everyone escapes safely, and to contact the Fire Department if assistance is needed with
smoke detectors.
B-3 Firefiahter Memorial Month Proclamation (FD
Mayor Pro Tempore Kuehne presented a proclamation to Fire Chief Larry Rooney proclaiming
October 2016 as "Firefighter Memorial Month" in the City of Lodi. Chief Rooney reported that the
Firefighter Memorial will take place on October 15, 2016, from 11:30 a.m. to 1:00 p.m. at the
State Capital and stated he is extremely proud of the men and women who serve as firefighters.
B-4 Lodi Fire Department Pink October Breast Cancer Awareness Month Fundraiser
Proclamation (FD)
Mayor Pro Tempore Kuehne presented a proclamation to Lodi Fire Engineer and 2nd Vice
President of the Lodi Professional Firefighters, Roger Varwig, and Fire Chief Larry Rooney in
honor of the Lodi Fire Department Pink October Breast Cancer Awareness Month fundraiser in
Lodi during the month of October 2016. Fire Engineer Varwig announced this is the sixth year
that Lodi Fire Department has participated in Pink October Month and that over $20,000 has
been donated to related charities. Engineer Varwig stated that firefighters will be serving tables at
Chili's on October 11 and 25, 2016, with 15 percent of the proceeds going to the Breast Cancer
Research Foundation. Chief Rooney stated this disease touches everyone, including him
personally, and expressed how proud he was of Lodi firefighters for standing up to help this
community in such an important way.
B-5 #PinkPatchProject Proclamation (PD)
Mayor Pro Tempore Kuehne presented a proclamation to Lieutenant Sierra Brucia, Lodi Police
Officers Association representative Andre Belaski, and Lodi Police Dispatchers Association
representative Jennifer Root proclaiming the month of October 2016 as #Pin kPatch Project.
Lt. Brucia announced that proceeds from this fundraiser will go to Cancer Kids of San Joaquin
County. Don Walters, founder of Cancer Kids, stated the organization started in Lodi 17 years
ago to benefit a girl receiving treatment who is now cancer -free and from there it continued with
fundraisers and benefits to assist more local families. The group ultimately expanded its
geographical location to include all of San Joaquin County and changed its name from Lodi
Cancer Kids to Cancer Kids of San Joaquin County. Mr. Walters explained that the organization
provides financial assistance to families for travel costs, grocery money, co -payments, and other
items not otherwise covered by insurance. Cancer Kids assists 50 to 60 families every year, has
a local board of directors, and runs solely on volunteer service. The money raised through
#Pin kPatch Project will go straight to the families in the program.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Mounce made a motion, second by Council Member Nakanishi, 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, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Noes: None
Absent: Mayor Chandler
C-1 Receive Register of Claims in the Amount of $4,474,640.41 (FIN)
Claims were approved in the amount of $4,474,640.41.
C-2 Approve Minutes (CLK)
The minutes of August 30, 2016 (Shirtsleeve Session), September 6, 2016 (Shirtsleeve Session),
and September 7, 2016 (Regular Meeting) were approved as written.
C-3 Adopt Resolution Accepting Improvements Under Contract for Lodi Lake Park - Boat
Launch Facility Improvements and Appropriating Funds ($46,OOO) (PW)
Adopted Resolution No. 2016-169 accepting the improvements under the contract for Lodi Lake
Park - Boat Launch Facility Improvements and appropriating funds in the amount of $46,000.
C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with DC Frost Associates, Inc., of Walnut Creek, for Purchase of Ultra Violet Disinfection
Replacement Parts ($220,000) (PW)
Adopted Resolution No. 2016-170 authorizing the City Manager to execute a Professional
Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for purchase of ultra violet
disinfection replacement parts in the amount of $220,000.
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C-5 Adopt Resolution Authorizing City Manager to Execute TASER Body Camera Contract for
Four Docking Stations and Wall Mounts ($10,851.91) (PD)
Adopted Resolution No. 2016-171 authorizing the City Manager to execute the TASER Body
Camera contract for four docking stations and wall mounts in the amount of $10,851.91.
C-6 Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement
for 25, 27, and 31 East Vine Street (PW)
Adopted Resolution No. 2016-172 authorizing the City Manager to execute an Improvement
Deferral Agreement for 25, 27, and 31 East Vine Street.
C-7 Adopt Resolution Approving Application for Youth Soccer and Recreational Development
Program Grant for Blakely Park (PRCS)
Adopted Resolution No. 2016-173 approving the application for Youth Soccer and Recreational
Development Program Grant for Blakely Park.
C-8 Request San Joaquin County Board of Supervisors Adopt 5 MPH Boating Speed Limit on
the Mokelumne River Adjacent to Lodi Lake Park and Nature Area Until March 1, 2022
PRCS
Approved request that San Joaquin County Board of Supervisors adopt 5 mph boating speed limit
on the Mokelumne River adjacent to Lodi Lake Park and Nature Area until March 1, 2022.
C-9 Adopt Resolution Approving Bylaw Changes for Lodi Arts Commission (PRCS)
Adopted Resolution No. 2016-174 approving bylaw changes for the Lodi Arts Commission.
C-10 Rescind Resolution No. 2007-72 and Adopt Resolution Approving Travel Policy in
Accordance with Government Code Section 53232 (CM)
Rescinded Resolution No. 2007-72 and adopted Resolution No. 2016-175 approving the Travel
Policy in accordance with Government Code Section 53232.
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.
Marilyn Hughes, member of the Sheriffs boat patrol and Lodi Police Partners, kayak and
paddleboat instructor, and adaptive paddling instructor for the handicapped, commented on Item
C-8 regarding the 5 mile -per -hour (mph) speed limit on the Mokelumne River. The City's intention
behind the 5 mph speed limit request to the San Joaquin County Board of Supervisors is to
address the erosion problem at Lodi Lake; however, she added that motorized vehicles on the
Lake negatively effect kayak and paddleboat users because waves swamp the boats, it creates
noise pollution, and disrupts the serenity of the Nature Area. She requested Council not limit its
request and, instead, ask for the entire length of the river and take over jurisdiction of the river
from the Sheriffs department.
City Manager Schwabauer confirmed that the recommendation going before the County Board of
Supervisors, which was approved by Council under Item C-8, is to request a 5 mph speed limit for
the entire river area. He further stated that the Mokelumne River is legally in San Joaquin
County's jurisdiction, Lodi's boundary ends at the south bank of the Mokelumne River, and he
was uncertain if it was possible to annex the river to Lodi
Jay Bell also commented on Item C-8 and provided information to support the reduced speed
limit, including lack of natural surface movement on the Lake to cause erosion, lack of high water
level winters to cause erosion, data from several sources to support that boat wakes raise water
levels and contribute to erosion, and encouragement from various agencies to reduce speed
limits on boats and jet skis because of the negative effects on shore erosion, animal life, and
noise pollution. He believed a strict 5 mph speed limit will lead to self enforcement and become
the norm, while those exceeding the limit will be handled by law enforcement. He expressed
support for the reduction of speed and thanked Council for taking this step.
In response to Council Member Nakanishi, Mr. Bell stated that the 5 mph speed limit has been
suggested by many entities over the years and is likely a reasonable speed that produces the
least amount of wake while still providing enough speed to traverse at a reasonable pace.
Mr. Schwabauer stated he hopes Ms. Hughes and Mr. Bell will join City staff before the
San Joaquin County Board of Supervisors when this request is presented because their input will
be helpful. He stated he will inform them of the date once it has been set.
Council Member Johnson recalled that he testified before the Board of Supervisors twice on this
subject matter, yet the Board had no sympathy in granting Lodi an exclusive on the river because
it felt the river belonged to everyone, despite Lodi's argument about safety, noise pollution, and
the waterway to the west. He stated new members on the Board may be more amenable to Lodi's
plight and suggested that those testifying demonstrate the proliferation of the use of kayaks,
paddleboards, and canoes, which were not in existence when this issue came up previously. He
believed this will be an uphill battle, but it was worthwhile to try again.
In response to Council Member Nakanishi, Mr. Schwabauer confirmed there were two deaths on
the Lake at the time this issue appeared before the Board. Council Member Nakanishi stressed
that the issue of safety be brought up again when presenting this request to the Board.
John Slaughterback thanked Council for addressing his concerns at the last Council meeting
regarding bad debt write off, stating he was surprised to learn of the $1 million collected in late
fees for utility service. He stated he hopes Lodi is not overly penalizing residents to pay for the
abusers of the utility system because the collected amount seems excessive. Mr. Slaughterback
stated he expected some Council Members to express concern over his suggestion to make
property owners responsible for the bad debt, which is why he suggested the City consider
increasing the deposit for new accounts. He stated the City must limit its losses and continue to
address the amount of bad debt write off.
Council Member Nakanishi commented on the suggestion to increase the deposit, stating the City
could be criticized for holding onto large deposits. He further explained that, when this issue
came before Council previously, it was discovered that many people paid their bill late because it
was cheaper to pay Lodi's late fee, which is what prompted Council to shorten the timelines.
In response to Council Member Mounce, Deputy City Manager Jordan Ayers explained the
deposit requirement for new accounts: those with a letter of credit or reference from a prior utility
showing good payment history are not required to pay a deposit; and those without references
are charged a deposit based on the nature of the residence (i.e. apartment, number of bedrooms,
etc.) on a sliding scale with the lowest deposit at $125 and the highest at $500. Mr. Ayers
explained that the deposit is held for a period of at least 12 months and is charged back to the
account for those with no late payments during that timeframe.
Marilyn Hughes stated she was involved as a Police Partner in the standoff at Needham School
and commended the newspaper for handling the story well and the school district and Police
Department for the excellent coordination between agencies. The Lodi Unified School District has
a program called Chalkboard Connection and was able to notify parents to keep their children
away from the area during the incident.
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E. Comments by the Citv Council Members on Non-Aaenda Items
Council Member Johnson commented on the recent Shirtsleeve Session regarding budget and
fiscal policies, during which results of the employee survey were revealed, as well as employee
comments regarding the City's budget. He believed many of the comments were well thought out
and on target and suggested that feedback be given to employees and that staff follow up on
some of the suggestions to determine their validity. Council Member Johnson further proposed
the City conduct a similar exercise every couple of years to check in with those performing the job
for ideas on how to do so more efficiently.
Mayor Pro Tempore Kuehne reported that he and Council Member Johnson participated in the
Asset Based Community Development (ABCD) training on September 16 and 17, 2016, along
with over 60 other attendees. He stated it was a productive time spent assessing the assets in the
Heritage District, which include many schools, businesses, parks, and facilities, along with the
Grape Festival grounds. He stated he was pleased that residents from the area, as well as
stakeholders, participated in this worthwhile activity.
Council Member Mounce stated she considered participating in the ABCD workshop; however,
she felt strongly that those living in the area should express their opinions rather than her doing
so this early in the process. She stated that resident input should have been sought on the
naming of the Heritage District because she believed a majority would have preferred another
name. Council Member Mounce stated she looks forward to the outcome of this project, but
added residents in the area were promised many things in the past, yet nothing came of those
promises. She stressed that, if promises are made again to improve the neighborhood, the City
must follow though to earn residents' trust. Council Member Mounce further reported that she
spoke at the American University Women's Group where a member expressed her concern about
the Animal Shelter. This member, who serves as a volunteer at the Shelter, stated there are over
66 cats confined in a small area, the cats contract kennel cough and do not get fresh air, and
many of the cats are ultimately euthanized because the facility cannot handle the number of
animals. She stressed there needs to be a balance between community and government by
encouraging cat adoptions and improving the facility.
F. Comments by the Citv Manaaer on Non-Aaenda Items
None.
G. Public Hearinas - None
H. Communications
H-1 Appointments to the Greater Lodi Area Youth Commission (Student Members) and Post
for Vacancy on Greater Lodi Area Youth Commission (Adult Advisor) (CLK)
Council Member Mounce made a motion, second by Council Member Nakanishi, to make the
following appointments and direct the City Clerk to post for the following vacancies:
APPOINTMENTS:
Greater Lodi Area Youth Commission (Student Members
Emma Colarossi, term to expire May 31, 2018
Jack Gobel, term to expire May 31, 2018
Harlie Litton, term to expire May 31, 2018
Evan Seibly, term to expire May 31, 2018
Tasha Shukla, term to expire May 31, 2018
John Rowlands, term to expire May 31, 2017
POSTING:
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Greater Lodi Area Youth Commission (Adult Advisor)
Daniel Valdez, term to expire May 31, 2018
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Noes: None
Absent: Mayor Chandler
H-2 Monthly Protocol Account Report (CLK)
Council Member Johnson made a motion, second by Council Member Mounce, to approve the
monthly Protocol Account Report through August 31, 2016.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Noes: None
Absent: Mayor Chandler
Regular Calendar
1-1 Introduce Ordinance Amending Lodi Municipal Code Title 17 - Development Code - by
Repealing and Re -Enacting Section 17.30.070, "Water Efficient Landscape
Requirements," in Its Entirety
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the Model
Water Efficient Landscape Ordinance (MWELO). Specific topics of discussion included 2015
Updated MWELO, significant revisions, and MWELO implementation.
In response to Mayor Pro Tempore Kuehne, Mr. Swimley stated the City could be open to
lawsuits if this ordinance is not adopted; however, the State has no enforcement plan in place.
Council Member Johnson questioned how this ordinance will apply to individual homeowners who
want to replace their lawn, landscaping, or sprinklers, particularly those properties over 5,000
square feet. Mr. Swimley responded that for properties between 500 and 2,500 square feet,
Public Works staff will review the plan and require the property owner to self -certify as to
compliance if the building permit includes a landscaping plan. For those permits without a
landscaping plan, staff would not be aware of any upgrades and would, therefore, not check for
self -compliance. Mr. Swimley added that staff generally does not see landscaping plans with
building permits. Council Member Johnson suggested that contract landscapers be made aware
of the ordinance in order to encourage compliance among those putting in new sprinkler and
landscaping systems. Mr. Swimley stated that staff will make all landscape contractors aware of
the ordinance, adding that reconstruction projects under 2,500 square feet would not be required
to do anything.
In response to Council Member Nakanishi, City Manager Schwabauer stated this ordinance
applies to new development and existing residences; however, homeowners are not required to
comply with this ordinance unless they make changes to their existing systems by constructing
more than 2,500 square feet.
In response to Council Member Mounce, Mr. Swimley confirmed that staff is recommending
amendment to Lodi's ordinance in order to comply and be consistent with the State's updated
MWELO. In further response, Mr. Swimley stated that, at this point, staff is not recommending
additional or administrative fees as a result of this ordinance because there is no way to
anticipate how many permits will go through this process for residential development. He stated
that, if staff feels it is necessary to capture additional costs, the matter will be brought back to
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Council for action. Further, Mr. Swimley stated he would research how many properties there are
in Lodi with over 2,500 square feet of yard.
In response to Council Member Nakanishi, Mr. Swimley stated that gray water includes water
from washing machines and sinks. He stated there are systems that capture gray water to irrigate
landscape, there are benefits to installing such a system, and homeowners are not required to
install a gray water system. Mr. Swimley stated the State is encouraging homeowners through
this ordinance to take advantage of rainwater by absorbing rainfall into the ground instead of
allowing it to run into the gutter. Public Works plans to partner with the Parks, Recreation, and
Cultural Service Department, which is an expert in irrigation systems and types of soil and plants
that will work toward this endeavor. In further response, Mr. Swimley stated the City needs to
comply with the State regulations; however, there will be a learning curve and potential
adjustments as staff works with the ordinance.
In response to Council Member Mounce, Mr. Swimley encouraged citizens who are interested in
using rainwater as a form of irrigation for their landscape to contact the Public Works Water
Conservation Division regarding the rebate program.
In response to Mayor Pro Tempore Kuehne, Mr. Swimley stated that, at this time, there are no
incentives in the ordinance for developers to install rainwater and gray water systems in new
developments because the regulations are statewide and there are differing climates, land types,
and water sources throughout the state.
Council Member Nakanishi requested that Council Members be provided information and the
necessary rebate paperwork for rainwater collection so they can use the system and know how it
works.
Marilyn Hughes stated she lives in a condominium with a homeowners association; however, the
association voted down the use of rain barrels and water tolerant plants with the explanation that
it is not yet a requirement. She requested Lodi notify homeowner associations that homeowners
are free to install rainwater systems.
Council Member Mounce made a motion, second by Council Member Johnson, to introduce
Ordinance No. 1929 amending Lodi Municipal Code Title 17 - Development Code - by repealing
and re-enacting Section 17.30.070, "Water Efficient Landscape Requirements," in its entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Noes: None
Absent: Mayor Chandler
1-2 Introduce Ordinance Amending Lodi Municipal Code Title 5 - Permits and Regulations - by
Repealing and Re-Enacting Chapter 5.24, "Taxicab Transportation Service," and Chapter
5.25, "Pedicabs," in Their Entirety to Update, Standardize, and Clarify Appeal Procedures,
Renewal Procedures and Requirements, Insurance Requirements, Health and Safety
Requirements, and Definitions (CA)
Deputy City Attorney John Fukasawa provided a presentation regarding the amendment of
ordinances governing taxicab transportation service and pedicabs. Specific topics of discussion
included amendments to address deficiencies in the ordinances; review by the Police
Department, Deputy City Manager, and City Clerk; Council's previous concern regarding
regulations requiring the Police Department to inspect vehicles on an annual basis; amendment
requiring taxicab owners and applicants to obtain certifications from licensed mechanics; and
regulation to provide Police Department authority to inspect vehicles upon complaint of safety or
condition of vehicle.
In response to Council Member Mounce, Mr. Fukasawa stated that Uber and Lyft are regulated
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by the Public Utilities Commission (PUC) and are required to maintain a certain level of insurance
and to have vehicles inspected to ensure they are in a proper, safe, and clean condition. The
proposed amendments to the ordinances are intended to meet the same level as those of Uber
and Lyft.
In response to Mayor Pro Tempore Kuehne, Mr. Fukasawa stated that the ordinance refines the
definition of types of vehicles and that certain services, such as wine shuttles and medical
transportation, will be exempt from the ordinance as they are regulated by the PUC.
Council Member Mounce made a motion, second by Council Member Johnson, to introduce
Ordinance No. 1930 and Ordinance No. 1931 amending Lodi Municipal Code Title 5 - Permits
and Regulations - by Repealing and Re -Enacting Chapter 5.24, "Taxicab Transportation Service,"
and Chapter 5.25, "Pedicabs," in their entirety to update, standardize, and clarify appeal
procedures, renewal procedures and requirements, insurance requirements, health and safety
requirements, and definitions.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Noes: None
Absent: Mayor Chandler
Ordinances - None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:32 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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