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HomeMy WebLinkAboutMinutes - December 7, 2016LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, DECEMBER 7, 2016 C-1 Call to Order / Roll Call The City Council Closed Session meeting of December 7, 2016, was called to order by Mayor Chandler at 6:20 p.m. Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: None Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo C-2 Announcement of Closed Session a) Actual Litigation: Government Code §54956.9; One Application; Bobby Amin v. City of Lodi: Workers' Compensation Case No. CLMP-547691 (DOI: 2/3/2015) (CA) b) Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code W4956.9(d)(2) and 54956.9(e)(1): One Case; Shall Not Be Disclosed, Due to Facts and Circumstances Not Yet Known to Potential Plaintiffs (CA) C-3 Adjourn to Closed Session At 6:20 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:38 p.m. C-4 Return to Open Session / Disclosure of Action At 7:00 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions. Items C-2 a) and C-2 b) were discussion and direction only with no reportable action. A. Call to Order / Roll Call The Regular City Council meeting of December 7, 2016, was called to order by Mayor Chandler at 7:00 p.m. Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: None Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Presentations B-1 Presentation to Retiring Members of Boards, Committees, Commissions, and Task Forces (CLK) Mayor Chandler presented certificates of recognition for the following retiring commission and committee members: Greater Lodi Area Youth Commission Student Appointees: Karli Baumbach Cole Carouba* Evan Gardella Hayden Johnson Sanjay Shukla Adult Advisors: Daniel Valdez Lodi Arts Commission Annalisa Sharp Babich Patricia Stump Planning Commission Randall Heinitz* Wendel Kiser Site Plan and Architectural Review Committee Crystal Kirst Tim Litton *These individuals were present to receive recognition. B-2 Presentation of Mayor's Community Service Award (CLK) Mayor Chandler presented flowers and thanked his wife, Jan, for all of her support and encouragement during his year as Mayor. Mayor Chandler presented the Mayor's Community Service Awards to Bob Colarossi, Managing Partner of Estate Crush, and Dr. Steve Newman, Pastor of First Baptist Church of Lodi. Mr. Colarossi thanked his wife, Ally, for bringing him to Lodi from Boston and presented the Mayor with a bottle of wine symbolic of the full -case bottle of wine that was presented to the Amgen winner on stage. He demonstrated the collaborative effort of creating the presentation bottle of wine, explaining that Estate Crush made the wine, the Lodi Winegrape Commission embossed the bottle, Michael -David Winery secured the bottle, and Lange Twins sealed the bottle with wax. Pastor Newman thanked the Mayor for this recognition, stating the Peace Walk was a group experience among many entities and individuals and that it was an effort to demonstrate how citizens can love and respect one another despite different beliefs, religions, and ideas. Pastor Newman displayed a painting by the Coalition for Families of San Joaquin representing unity and diversity. He reported that he plans to continue this event annually and it will likely be held again in September of next year. C. Consent Calendar (Reading: Comments by the Public: Council Action) Mayor Pro Tempore Kuehne 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, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None 2 C-1 Receive Register of Claims in the Amount of $9,868,972.09 (FIN) Claims were approved in the amount of $9,868,972.09. C-2 Approve Minutes (CLK) The minutes of November 15, 2016 (Shirtsleeve Session), November 15, 2016 (Special Meeting), and November 16, 2016 (Regular Meeting) were approved as written. C-3 Adopt Resolution Establishing the Lumisphere LED Overhead Strand Lights as a Standard Product for the City of Lodi; and Further Authorizing the Purchase of Lumisphere LED Overhead Strand Lights for Elm Street - School Street to Sacramento Street, from Lumisphere USA, of Spotsylvania, Virginia ($13,093) and Appropriating Funds ($21,000) PW Adopted Resolution No. 2016-210 establishing the Lumisphere LED overhead strand lights as a standard product for the City of Lodi; authorizing the purchase of Lumisphere LED overhead strand lights for Elm Street - School Street to Sacramento Street, from Lumisphere USA, of Spotsylvania, Virginia, in the amount of $13,093; and further appropriating funds in the amount of $21,000. C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Holmes International, Inc., of Sacramento, for Wastewater Pipeline Condition Assessment Project ($475,341) (PW) Adopted Resolution No. 2016-211 authorizing the City Manager to execute a Professional Services Agreement with Holmes International, Inc., of Sacramento, for the Wastewater Pipeline Condition Assessment Project, in the amount of $475,341. C-5 Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Fire Station No. 3 Roof Replacement Project, Utilizing U.S. Communities Contract No. 10330 ($138,425); Approving 10 -Percent Contingency; and Appropriating Funds ($55,000) (PW) Adopted Resolution No. 2016-212 authorizing the City Manager to waive the bid process and execute a Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Fire Station No. 3 Roof Replacement Project, utilizing U.S. Communities Contract No. 10330, in the amount of $138,425; approving 10 -percent contingency; and appropriating funds in the amount of $55,000. C-6 Adopt Resolution Authorizing City Manager to Execute a Professional Services Agreement with Firehouse Software, a Xerox Solution Company, for Application Hosting and Technology Support Services for a Term of Five Years ($27,325.20) (FD) Adopted Resolution No. 2016-213 authorizing the City Manager to execute a Professional Services Agreement with Firehouse Software, a Xerox Solution Company, for application hosting and technology support services for a term of five years, in the amount of $27,325.20. 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. Teacher Kristen Vessie and several students from Lodi Middle School approached the Council with the concept of a teen shuttle because some families have only one vehicle with no way to pick up kids from school; some children must walk three to four miles home from school in the late afternoon or early evening; and some children are unable to stay after school to work on projects because of time restraints associated with transportation home. Some of the benefits of a teen shuttle include the ability to transport teens around town easier and faster; it would keep teens off of the streets and out of trouble; the juvenile crime rate would decrease; and teenagers will become consumers at local businesses, thereby supporting the local economy. Ms. Vessie suggested that recycled GrapeLine buses could be used for the program and it could operate from 2:30 to 6 p.m. for a $50 annual fee for students with a valid school ID card. In response to Council Member Nakanishi, City Manager Schwabauer confirmed that other cities have similar programs. Council Member Nakanishi expressed support for the idea because it could reduce the crime rate and suggested staff look into the matter further. Spencer Dayton expressed support for increasing youth program opportunities, stating there are only a few programs available to young people, such as the Parks, Recreation, and Cultural Services Department and Junior Giants sports programs and the Lodi Boys and Girls Club and 180 Teen Center low-income programs for students; however, the sports programs typically run during summer only and the low-income programs are underfunded and understaffed. Mr. Dayton stated he believed the City and community have an obligation to help youth by creating programs to cultivate their learning and ideals in a safe place. E. Comments by the Citv Council Members on Non-Aaenda Items Mayor Chandler offered best wishes to Council Member Mounce, whose father is currently in the hospital. Council Member Mounce reported that her first meeting as President of the League of California Cities was last month, at which 120 policy commission leaders, division leaders, and board members throughout the State developed the League's strategic goals for the year. The goals include: 1) Increase funding for critical transportation and water infrastructure; 2) Develop realistic responses to the homeless crisis; 3) Improve the affordability of workforce housing and secure additional funds for affordable housing; and 4) Address public safety impacts of reduced sentencing laws, protect local priorities in the implementation of the marijuana act, and preserve city rights to deliver emergency medical services. She further stated that the League presented retired California Governor Pete Wilson with a Lifetime Achievement Award. Council Member Nakanishi publicly recognized Deputy City Manager Jordan Ayers, who retired last week, stating that he served Lodi well, was professional in his integrity, and that he made exceptional advances with the budget and the pension stabilization funds. He stated Mr. Ayers will be missed and wished him well in his future endeavors. Mayor Pro Tempore Kuehne reported that he attended the National League of Cities City Summit in Pittsburgh, during which he received information regarding regulations on use of drones, Amtrak use and upgrades to train cars for bicycles, and smart city growth. The conference was attended by mayors and council members from cities around the United States, and he stated he was pleased that most cities knew of Lodi as the wine region. Mayor Pro Tempore Kuehne added that autonomous vehicles are currently being utilized in Pittsburgh and stated he anticipates they will come to Lodi sooner than anticipated. Council Member Johnson pointed out that it was Pearl Harbor Remembrance Day and reminded the public to continue to honor the men and women who served, and continue to serve, this Country. It takes tremendous effort and energy and they put their lives on the line to protect our freedoms. 0 F. Comments by the Citv Manaaer on Non-Aaenda Items City Manager Schwabauer highlighted some of the City's accomplishments over the past year, including the new super Wal-Mart and retenating of the former Wal-Mart site; new businesses, developments, and housing; growth in sales and property taxes; beginning phase of the first apartment complex built since 1994 and the long -anticipated affordable senior housing project; meeting the City's general fund reserve target once again; creation of the California Public Employees Retirement System stabilization fund; Harney Lane Grade Separation Project nearing completion; the Library's completion of several improvements and upcoming additions to address growth; and continuation of several water capital replacement projects. Mr. Schwabauer stated it was a remarkable year and there are still challenges ahead, but Council and staff are prepared to meet them. G. Public Hearinas - None H. Communications H-1 Re -Post for Vacancv on Greater Lodi Area Youth Commission (Adult Advisor) (CLK Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to direct the City Clerk to post for the following vacancy: 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, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None I. Reaular Calendar - None J. Ordinances J-1 Ordinance No. 1932 Entitled. "An Ordinance of the Lodi Citv Council Adoptina the '2016 California Building Code,' Volumes 1 and 2: Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety" (CLK) J-2 Ordinance No. 1933 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety" (CLK) J-3 Ordinance No. 1934 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Electrical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety" (CLK) J-4 Ordinance No. 1935 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Plumbing Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety" (CLK) J-5 Ordinance No. 1936 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Residential Building Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety" (CLK) J-6 Ordinance No. 1937 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Green Building Standard Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety" (CLK) 5 J-7 Ordinance No. 1938 Entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Fire Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety" (CLK) Items J-1 through J-7 were acted upon under one motion and vote. Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to waive reading of the ordinances in full and adopt and order to print the following ordinances, which were introduced at the Regular Meeting of the Lodi City Council held November 2, 2016: 1) Ordinance No. 1932 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Building Code,' Volumes 1 and 2; Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety;" 2) Ordinance No. 1933 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Mechanical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety;" 3) Ordinance No. 1934 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Electrical Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety;" 4) Ordinance No. 1935 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Plumbing Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety;" 5) Ordinance No. 1936 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Residential Building Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety;" 6) Ordinance No. 1937 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Green Building Standard Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety;" and 7) Ordinance No. 1938 entitled, "An Ordinance of the Lodi City Council Adopting the'2016 California Fire Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety." VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None K. Reoraanization of the Citv Council K-1 Adopt Resolution Certifying the Election Results of the November 8, 2016, General Municipal Election (CLK) City Clerk Ferraiolo presented the election results, stating that the San Joaquin Registrar of Voters (SJROV) completed its canvass of elections, which was further detailed in the Certificate of Election provided to Council as a Blue Sheet item. Ms. Ferraiolo reported that a Lodi voter filed a request with the SJROV for a recount of Measure S; therefore, the recommendation before Council was to certify the Measure R election results only. A subsequent resolution will be brought back to Council regarding Measure S following the outcome of the recount. With regard to Measure R, Ms. Ferraiolo reported that a two -third majority of voters did not vote in favor of the measure and, as a result, Measure R did not carry. As a reminder, Ms. Ferraiolo stated that 3 nominees Bob Johnson and JoAnne Mounce, who were appointed to office on August 23, 2016 by Resolution 2016-159 due to the fact there were not more candidates than offices to be elected, will be sworn into office later this evening. Mayor Pro Tempore Kuehne made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2016-214 certifying the election results of the November 8, 2016, General Municipal Election. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None Mayor Chandler expressed his disappointment that Measure S appears to be losing by 13 votes, he reiterated there is a recount underway, and stressed the significant need for additional public safety officers. K-2 Presentation to Outgoing Mayor (CLK) City Manager Schwabauer presented outgoing Mayor Chandler with a plaque in appreciation of his dedicated service to this community. K-3 City Clerk to Administer Oath of Office to Appointed Lodi City Council Members and Present Certificates of Election (CLK) City Clerk Ferraiolo administered the Oath of Office to Lodi City Council Members Bob Johnson and JoAnne Mounce, who were appointed to office on August 23, 2016, and presented Certificates of Election. K-4 Reorganization of the Lodi City Council: a) Election of Mayor and b) Election of Mayor Pro Tempore (CLK) NOMINATION(S) FOR MAYOR: Council Member Mounce made a motion, second by Council Member Johnson, to nominate Council Member Kuehne to the office of Mayor. There being no further nominations for the office of Mayor, the nominations were closed. VOTE: In regard to the nomination of Council Member Kuehne to the office of Mayor, the motion carried by the following vote, thereby adopting Resolution No. 2016-215. Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Council Member Mounce, and Council Member Nakanishi Noes: None Absent: None NOMINATION() FOR MAYOR PRO TEMPORE: 1) Council Member Johnson made a motion, second by Council Member Chandler, to nominate Council Member Nakanishi to the office of Mayor Pro Tempore. There being no further nominations for the office of Mayor Pro Tempore, the nominations were closed. VOTE: In regard to the nomination of Council Member Nakanishi to the office of Mayor Pro Tempore, the motion carried by the following vote, thereby adopting Resolution No. 2016-216. 7 Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Kuehne Noes: None Absent: None Mayor Kuehne thanked Council for its vote of confidence, pointing out each Council Member's attributes and focus on the Council; his wife, Robbi, for her support; City Council Appointees Schwabauer, Magdich, and Ferraiolo; and retired Deputy City Manager Jordan Ayers. Mayor Kuehne stated he was initially skeptical about government and elected officials, but his view changed since interacting with Council and staff and he is confident of their abilities and where the City is heading. He further highlighted the accomplishments and visions that continue to transform Lodi into the livable, loveable community that it is: the efforts made toward making Lodi a wine tasting destination due to the Lodi Winegrape Commission; the advances in bicycle tourism thanks to Bob Colarossi and Robin Knowlton; the increase in kayaking activities on Lodi Lake due to Dan Arbuckle with Headwaters; the vision of the World of Wonders Science Museum; the ability of Kathy Grant to continually attract visitors and bird watchers to the wilderness area at Lodi Lake; and exciting things to come such as new hotels and commuting from Lodi to Sacramento on Amtrak. Mayor Kuehne stressed that people make the difference in building and improving a community and announced he was kicking off the "Love Your Block" campaign in conjunction with the City of Lodi Neighborhood Services Division and the Lodi District Chamber of Commerce. The campaign will focus on improving the Heritage District, providing a better quality of life for area residents, and attracting businesses and residents by implementing neighborhood community projects, along with Asset Based Community Development training and other programs. He stated that further information about the campaign is forthcoming and encouraged members of the community to submit ideas to Neighborhood Services Manager Joseph Wood or to Pat Patrick, Executive Director of the Chamber of Commerce. L. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 7:54 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 0