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
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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.
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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)
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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
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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.
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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
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