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HomeMy WebLinkAboutMinutes - February 1, 2017LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, FEBRUARY 1, 2017 C-1 Call to Order / Roll Call The City Council Closed Session meeting was cancelled. 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 February 1, 2017, was called to order by Mayor Kuehne at 7:00 p.m. Present: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Absent: Mayor Pro Tempore Nakanishi Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Presentations B-1 Quarterly Update from the Greater Lodi Area Youth Commission (PRCS) Greater Lodi Area Youth Commissioners Chris Anaforian and Emma Colarossi presented the quarterly update, which included information on the Pig Skin Fall Formal that generated the Commission's highest revenue since 2011, the canned food drive, Lodi Adopt-A-Child clothes and toy drive, and the upcoming Casino Night. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Chandler made a motion, second by Council Member Johnson, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi C-1 Receive Register of Claims in the Amount of $8,830,644.02 (FIN) Claims were approved in the amount of $8,830,644.02. C-2 Approve Minutes (CLK) The minutes of December 21, 2016 (Regular Meeting), December 27, 2016 (Shirtsleeve Session), January 3, 2017 (Shirtsleeve Session), January 4, 2017 (Regular Meeting), January 10, 1 2017 (Shirtsleeve Session), January 17, 2017 (Shirtsleeve Session), and January 18, 2017 (Regular Meeting) were approved as written. C-3 Adopt Resolution Awarding Bids for Purchase of Medium Voltage Cable from General Cable Industries, of Highland Heights, Kentucky ($82,507) and The Okonite Company, of San Ramon ($20,866) (EU) Adopted Resolution No. 2017-03 awarding bids for the purchase of medium voltage cable from General Cable Industries, of Highland Heights, Kentucky, in the amount of $82,507, and The Okonite Company, of San Ramon, in the amount of $20,866. C-4 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Contract with CalChem Enterprises, Inc., of Modesto, for Purchase of Aluminum Chlorohydrate ($55,632) (PW) Adopted Resolution No. 2017-04 authorizing the City Manager to execute Amendment No. 1 to contract with CalChem Enterprises, Inc., of Modesto, for purchase of Aluminum Chlorohydrate, in the amount of $55,632. C-5 Accept Improvements Under Contract for Well 10C Rehabilitation Project (PW) Accepted the improvements under the contract for Well 10C Rehabilitation Project. C-6 Adopt Resolution Accepting Improvements Under Contract for Americans with Disabilities Act Improvement Project Phase 3 - Church Street Parking Lots, and Appropriating Funds ($44,857) (PW) Adopted Resolution No. 2017-05 accepting the improvements under the contract for Americans with Disabilities Act Improvement Project Phase 3 - Church Street Parking Lots, and appropriating funds in the amount of $44,857. C-7 Adopt Resolution Accepting Reynolds Ranch Subdivision Unit No. 1 (Tract No. 3805) Public Improvements and Amending Traffic Resolution No. 97-148 by Approving Multi-Way Stop Control at LeBaron Boulevard and Olympic Avenue Intersection (PW) Adopted Resolution No. 2017-06 accepting Reynolds Ranch Subdivision Unit No. 1 (Tract No. 3805) public improvements and amending Traffic Resolution No. 97-148 by approving a multi-way stop control at the LeBaron Boulevard and Olympic Avenue intersection. C-8 Adopt Resolution Authorizing City Manager to Execute Reimbursement Agreement with Lodi Iron Works for Utility Service Project ($33,284.66) (EU) Adopted Resolution No. 2017-07 authorizing the City Manager to execute a Reimbursement Agreement with Lodi Iron Works for Utility Service Project in the amount of $33,284.66. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Task Order No. 39 with West Yost & Associates ($57,680) (PW) Adopted Resolution No. 2017-08 authorizing the City Manager to execute Amendment No. 1 to Task Order No. 39 with West Yost & Associates, in the amount of $57,680. C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for Labor Compliance Services, Various City Projects ($90,000) (PW) Adopted Resolution No. 2017-09 authorizing the City Manager to execute Amendment No. 2 to Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for labor compliance services, various City projects, in the amount of $90,000. 2 C-11 Adopt Resolution Authorizing City Manager to Execute Amendment to Lease Agreement with NCWPCS MPL 24-Year Sites Tower Holdings, LLC, a Delaware Limited Liability Company, by and through its Attorney-in-Fact, CCATT, LLC, a Delaware Limited Liability Company, for Option and Site Lease Agreement at 1331 South Ham Lane (PW) Adopted Resolution No. 2017-10 authorizing the City Manager to execute an Amendment to Lease Agreement with NCWPCS MPL 24-Year Sites Tower Holdings, LLC, a Delaware Limited Liability Company, by and through its attorney-in-fact, CCATT, LLC, a Delaware Limited Liability Company, for Option and Site Lease Agreement at 1331 South Ham Lane. C-12 Adopt Resolution Approving the Annual Shared Automation Fee Structure for the Agreement Between the City of Stockton and Sirsi Corporation Integrated Library System, and Approving Cost Sharing Fee for Fiscal Year 2016/17 ($24,414) (LIB) Adopt Resolution No. 2017-11 approving the annual Shared Automation Fee Structure for the Agreement between the City of Stockton and Sirsi Corporation Integrated Library System, and approving cost sharing fee for Fiscal Year 2016/17, in the amount of $24,414. C-13 Adopt Resolution Authorizing City Manager to Extend Professional Services Agreement for Lodi Electric Utility Strategic Planning Consulting and Facilitation Services with Hometown Connections International, LLC, of Lakewood, Colorado (EU) This item was pulled from the Consent Calendar at the request of Council Member Mounce for discussion purposes. In response to Council Member Mounce, City Manager Schwabauer explained that this is a contract extension in time only, not money, because the necessary meetings were unable to be scheduled within the contract timeframe. Council Member Mounce stated she was unsure of the value in this service. Council Member Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-13 authorizing the City Manager to extend the Professional Services Agreement for Lodi Electric Utility Strategic Planning Consulting and Facilitation Services with Hometown Connections International, LLC, of Lakewood, Colorado. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi C-14 Receive Annual Report Regarding Boards, Committees, and Commissions Relating to Attendance, Training and Filing Requirements (CLK) Received annual report regarding Boards, Committees, and Commissions relating to attendance, training and filing requirements. C-15 Confirm Annual Appointment of City Council Members on Various Boards, Committees, and Commissions (CLK) Confirmed annual appointment of City Council Members on various Boards, Committees, and Commissions. C-16 Receive Report Regarding Communications Pertaining to Assembly Bill 1 (Frazier) - Transportation Funding and Senate Bill 1 (Beall) - Transportation Funding (CLK) This item was pulled from the Consent Calendar at the request of Council Member Mounce for discussion purposes. 3 Council Member Mounce reported that, as President of the League of California Cities, her responsibility is to encourage cities across the State to support legislation on issues effecting cities and that SB1 and AB1 are both transportation-related bills that are sensitive to citizens in Lodi and throughout California. The League is concerned about how the money will be collected and is ensuring the outcome is fair for all Californians and that no group pays more in taxes than others. The Cap and Trade dollars are already being collected, and the League is working to ensure that this funding is being used as intended. Further, the League is concerned about Caltrans and the lack of accountability and is requesting it be audited. Council Member Mounce stated that a transportation bill makes sense in order to get California roads repaired because the poorly-maintained highways, bridges, and roads are costing the average citizen more in car maintenance; however, the League is also working to ensure that such a bill would not negatively effect consumers. On February 14, she will speak before the Senate Transportation Committee to express support for a transportation bill that will require accountability in California. The League requested letters of support from cities, and Lodi's letter was already sent because of the urgency. Council Member Mounce assured the public that the League supports the concept of the transportation bill, but not all of the details in the proposed legislation. In response to Mayor Kuehne, Council Member Mounce stated that it has been more than a decade since California had a transportation bill that set aside funding specifically for roads. She added that the Cap and Trade dollars were initially slated for greenhouse effects and roads in areas sensitive to greenhouse gases; however, those funds were not being adequately distributed to those areas. The League is seriously concerned about this and is urging that the money already collected from that effort be used to ease the burden on taxpayers. In further response to Mayor Kuehne, Council Member Mounce stated that San Joaquin assesses itself through Measure K funds, for which it is penalized on being a "self-help" county. The League is fighting for support of a transportation bill that has balance. Alex Aliferas spoke in opposition to the proposed transportation bill, stating that California has the nation's second highest gas tax rate and the sixth worse highways. He stated that the bills would increase the gas tax by 12 cents and vehicle registration by $30, while those with hybrid vehicles would receive incentives. He stated that he would have preferred Council put this on the agenda prior to acting on it so citizens could be aware of this bill and how it will effect them. He agreed that Caltrans should be audited and suggested that be done prior to implementing any sort of gas tax. Jim Shoemaker spoke in opposition to the proposed transportation bill, stating that the League needs to be stronger in encouraging the State to stop wasting taxpayer money and that all California cities should stand up and hold the State accountable. He expressed concern that those with zero emission cars will receive a better deal than those who do not own such vehicles. Theresa Johnson spoke in opposition to the proposed transportation bill, stating that she lives in Lodi and commutes to Modesto and has witnessed the degradation of the roads over the last 23 years. She stated her commute time has doubled; highway conditions have worsened; Caltrans routinely shuts down freeways while workers idly stand along the roadside; gas prices have steadily increased and will again if this bill is approved; and the cost to maintain her vehicle has increased because of the poor roadways. She further expressed disappointment that the County is being penalized for auditing itself and setting aside money to maintain its roadways. Council Member Mounce reiterated that the League supports concepts of the transportation bill, but the end result is unknown because it has not yet gone before the Senate Transportation Committee. She stressed that she and the League will continue to work diligently to get a transportation bill passed that will cause the least amount of pain to citizens. Council Member Johnson stated that the highways along the south, from Stockton to the Los Angeles basin, are in deplorable condition, while roads north of the Yolo County line are impeccable and he believed that service from Caltrans in this area is greatly lacking. There was no action required on this item. 4 C-17 Rescind Resolution No. 2015-185 and Approve Resolution Authorizing Issuance of Procurement Cards to Specified Positions (FIN) Rescinded Resolution No. 2015-185 and approved Resolution No. 2017-12 authorizing the issuance of procurement cards to specified positions. C-18 Set Public Hearing for February 15, 2017, to Consider Adopting Resolution Setting Pre- Approved Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers (PW) This item was removed from the Consent Calendar at the request of Council Member Mounce for discussion purposes. Council Member Mounce stated that, at the time this was initially discussed, she requested a Shirtsleeve Session to discuss alternatives to a water rate increase, including postponing the water meter program long enough to avoid a rate increase, taking out a bond to cover the cost of the water meter program without raising rates, and whether a rate increase is necessary. She pointed out that revenues will increase once the water meter program is completed, but she was not confident the City would return those dollars to citizens by lowering the rate. She stated that she prefers a slow down on the water meter program because the City has until 2020 to meet the mandate and she supported postponing the hearing this year in lieu of a Shirtsleeve Session to discuss options and provide direction to staff. Mayor Kuehne stated there is validity to Council Member Mounce's concerns and that it may be worthwhile to discuss these options prior to the public hearing. Council Member Chandler stated he is interested in hearing other options, but he believed that could be accomplished at the public hearing. Mr. Schwabauer suggested setting the hearing with the available options as presented by staff, but he stated the option of bonds to cover the remaining elements of the Water Meter Program and stretching out the payment would need to be a separate hearing. In response to Mayor Kuehne, Mr. Schwabauer confirmed that staff can present information for a bond option at the hearing and Council can provide staff direction, but it could not adopt bonds at that specific hearing. Liz Bowman spoke in support of postponing the hearing in order to discuss other options, adding that those paying the rates should have a say in how they are structured and provide input on potential alternatives. Mike Lusk spoke in support of postponing the hearing in order to discuss other options, stating that 41 percent of Lodi's population is low-income and that customers are being penalized with higher rates after conserving water during the drought. He stated he would not be surprised if the City increases rates again after the Water Meter Program because of decreased revenue due to meters. He suggested maintaining the same budget level as last year, without increasing the rate, and deferring projects or portions of them. He further questioned when the money borrowed from the Water Impact Fund to pay for Fire Station 4 will be repaid. Mr. Schwabauer summarized that staff will provide information relating to a bond option at the public hearing, not as a recommendation but as information to discuss whether it is a viable option. Mayor Kuehne added that he would also like information regarding a potential sunset on the rate increase once the Water Meter Program is completed. Council Member Chandler made a motion, second by Council Member Johnson, to set public hearing for February 15, 2017, to consider adopting resolution setting pre-approved Engineering 5 News Record adjustment index for usage-based and flat water rates for residential, commercial, and industrial customers. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, and Mayor Kuehne Noes: Council Member Mounce Absent: Mayor Pro Tempore Nakanishi C-19 Set Public Hearing for March 1, 2017, to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA-16-01 for Public Improvements for Rose Gate Unit No. 1, Tract No. 3785, and Rose Gate Unit No. 2, Tract No. 3813 (PW) This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk questioned if this issue relates to public infrastructure that was installed during road construction as part of a development project and what the impact is to the City for reimbursement to the developer. City Manager Schwabauer explained that a public improvement agreement includes items the City can legally require a developer to construct at its expense in exchange for its right to develop the project, stating it is common that elements of a project tie into public improvements that can be done at the same time. For example, if a developer tears up a road, the City may use that time to replace an aging sewer line. The City cannot require a developer to do the work, but because it is convenient and less expensive to do the work at the same time, the City can negotiate with the developer to do the work, which is then funded by the City. Public Works Director Charlie Swimley further explained that a Reimbursement Agreement is created to establish a method for the developer to seek reimbursement from other parties receiving the benefit. In this case, the City is not funding any of these improvements. Mr. Schwabauer added that the developer of this project constructed items that will benefit a future developer of the adjacent undeveloped land. In further response to Mr. Lusk, Mr. Schwabauer reiterated that the City is not reimbursing the developer in this agreement and explained that the reimbursement will come from a future developer of the nearby undeveloped land. This is a private transaction for the benefit of two private parties that the City enables but does not pay. Mr. Schwabauer further explained that funding sources in a reimbursement agreement depend on the type of construction and whether it is for a new or existing property. Mr. Lusk questioned what happens if the improvement is a result of new development, to which Mr. Schwabauer responded that the cost would not be reimbursed because it can legally be assigned to the cost of the development. Council Member Mounce made a motion, second by Council Member Chandler, to set public hearing for March 1, 2017, to consider adopting resolution authorizing City Manager to execute Reimbursement Agreement RA-16-01 for Public Improvements for Rose Gate Unit No. 1, Tract No. 3785, and Rose Gate Unit No. 2, Tract No. 3813. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi C-20 Set Public Hearing for March 1, 2017, to Consider Introducing an Ordinance Amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by Repealing and Re-Enacting Article III, "Rates," in its Entirety (EU) 6 This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk opted to hold his comments until the public hearing on March 1, 2017. Council Member Chandler made a motion, second by Council Member Johnson, to set public hearing for March 1, 2017, to consider introducing an ordinance amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by repealing and re-enacting Article III, "Rates," in its entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi 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 6.3l). 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. Spencer Dayton requested the City join him in supporting the Safe Haven immigration law, which helps protect students and families threatened by immigration enforcement or discrimination. The policy would no longer require students to speak to law enforcement without their parents and without a warrant or subpoena. He stated that students have a right to education regardless of citizenship and clarified this law is not the same as that relating to Sanctuary Cities. Council Member Mounce suggested Mr. Dayton take this concept to the Lodi Unified School District Board, to which Mr. Dayton responded that he has, but the Board was unwilling to take it on unless the City did. Council Member Mounce stated she was uncertain whether Lodi was ready to take on a Sanctuary City concept, but the School District may be interested in this issue, and she stated she would bring it up at the next City and School District 2x2 meeting. E. Comments by the City Council Members on Non-Agenda Items Council Member Johnson commented that there has been significant discussion regarding transportation and traffic issues, water rate increases, and the possibility of using bond money in lieu of a rate increase, all of which are well thought out arguments and important issues; however, he stated be believes they pale in comparison to the pension issue because it is a serious matter on which cities must get a handle. He stated the City Manager recently spoke to a State representative who indicated there is no appetite for pension reform in Sacramento, which in his opinion is evident from the fact that the Capitol has done nothing about the issue. Because of the significant pension issue, cities throughout California may lose services and see costs increase dramatically. City Manager Schwabauer stated a meeting is scheduled next week with representatives from the California Public Employees Retirement System (Cal-PERS) to ensure the City's calculation estimates on the drop from 7 to 7.5 percent are accurate. Following the meeting, staff will report the facts to Council, likely in March, and request guidance on how to proceed. Mayor Kuehne stated he previously suggested to the City Manager that he rally mayors, supervisors, and police and fire chiefs in San Joaquin to take this issue to the legislature and it appears that San Joaquin Council of Governments may coordinate such an effort. Council Member Mounce stated that she arranged for the City Manager to speak to the League of 7 California Cities on the Cal-PERS issue at its February Board meeting. She stated that pension and pension reform has been on the top of the League's agenda list for the last decade, adding that its efforts resulted in the Public Employees Pension Reform Act and that the League Director met with the Cal-PERS Director. She stated that, if the State cannot obtain control over the pension issue, cities will go bankrupt, which will negatively effect the State because it relies on cities for funding, and the Federal government will step in and dictate how the pension issue will go forward. F. Comments by the City Manager on Non-Agenda Items - None G. Public Hearings G-1 Continue Public Hearing to February 15, 2017, to Consider Adopting Resolution Approving the Planning Commission's Recommendation to Authorize 250 Low-Density Residential, 95 Medium-Density Residential, and 180 High-Density Residential Growth Management Allocations for the Rose Gate II Subdivision (CD) AND G-2 Continue Public Hearing to February 15, 2017, to Consider Adopting Resolution Approving the Planning Commission's Recommendation to Authorize 67 Low-Density Residential Growth Management Allocations and Approve a Vesting Subdivision Map for the Villa Fiore Ranch Subdivision, a 13.7-Acre, 67-Unit Subdivision (CD) NOTE: These items were discussed together. City Manager Schwabauer reported that the recommendation is for both hearings to be continued to February 15, 2017, in order for staff to continue discussions with the developers and the bike community to reach a compromise relating to bike infrastructure in both developments. He reported that he had productive meetings to date and will meet again on Friday to discuss the issue further. Council Member Chandler made a motion, second by Council Member Johnson, to continue the following public hearings to February 15, 2017: 1) Public hearing to consider adopting resolution approving the Planning Commission's recommendation to authorize 250 Low-Density Residential, 95 Medium-Density Residential, and 180 High-Density Residential Growth Management Allocations for the Rose Gate II Subdivision; and 2) Public hearing to consider adopting resolution approving the Planning Commission's recommendation to authorize 67 Low-Density Residential Growth Management Allocations and approve a vesting subdivision map for the Villa Fiore Ranch Subdivision, a 13.7-acre, 67-unit subdivision. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi H. Communications H-1 Post for Expiring Term and Vacancies on the Lodi Improvement Committee and Recreation Commission (CLK) Council Member Mounce made a motion, second by Council Member Chandler, to direct the City Clerk to post for the following vacancies: 8 Lodi Improvement Committee Rehana Zaman, term to expire March 1, 2017 Maria Rosado, term to expire March 1, 2018 Recreation Commission J. Mark Hamilton, term to expire December 31, 2018 VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi I. Regular Calendar I-1 Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 405 South Main Street (PW) Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the Improvement Deferral Agreement for 405 South Main Street. Specific topics of discussion included Lodi Municipal Code Sections 15.44.030 and 15.44.040; overview of sidewalk improvements; existing frontage at 405 South Main Street, 401 South Main Street, and 505 South Main Street; and staff recommendation. In response to Council Member Johnson, Mr. Swimley stated that the property on 33 East Tokay Street is a corner property and has frontage on both Tokay Street and Main Street and the existing deferral agreement for that location runs with the property and has no expiration date. City Manager Schwabauer explained that the deferral agreement provides that the owner will install required improvements at the appropriate time, which is determined by the Public Works Department when enough property owners develop their properties to ensure a contiguous sidewalk. The concept is not to install alternating sidewalk, but to obligate owners when an entire block of sidewalk can be done; however, Council can change the concept by recommending sidewalk be installed piece by piece. Council Member Mounce disclosed that she met with the owners of the subject property on Main Street who are concerned they cannot obtain the Certificate of Occupancy, even though the upgrades are complete, because the sidewalk issue is delayed. She stressed this needs to be resolved quickly, adding that it is not rational to require sidewalk on this small portion of the block when there is no adjacent sidewalk. She stated that the workers parallel park on the side street during the day and that new sidewalk would take away parking and hinder their ability to operate a forklift for the business. She expressed support for staff's recommendation to defer the sidewalk installation. Council Member Chandler concurred with Council Member Mounce. Mayor Kuehne stated that Lodi is fast becoming a tourist destination and this location is one block away from downtown and is an eyesore. He pointed out there is another sidewalk deferral agreement in the area that has been in place for four years, adding that he believes it is the appropriate time to require sidewalk. He stated that other area businesses installed sidewalks; there is an increase in pedestrian traffic due to the housing element on the other side of the railroad tracks; and children walk to and from school along that area. He believed it was time to install sidewalk. Council Member Mounce stated that the requirement for sidewalk installation would make better sense if the development were in a retail center, but in this case she believed the pedestrian activity from school children and families with strollers was extremely rare in front of this location. She believed it was unfair to force this owner to install a small section of sidewalk that would 9 cause additional hardship on the business. Donna Reynolds, 405 South Main Street property owner, stated the business is a fresh fruit and vegetable packing and retail company. Her primary concern is the delay in occupying the building after the improvements of adding 27 feet to the property were completed. The company's busy season begins in two months, which will result in an increase in people, traffic, and work traffic, as the company employs 300 seasonal workers to sort, pack, and perform quality control on cherries. Most of the employees reside in Lodi, many on the east side of town, who walk back and forth along that part of Main Street. The installation of sidewalk would block the loading docks and interfere with forklift traffic and trucks waiting to be loaded. As the property owner, she is extremely concerned about the effect this will have on the business because the shipping of produce, including winegrapes, is done up through November and she was uncertain how she would work around paving the sidewalks. Mayor Kuehne stated this was a legitimate concern and questioned if there was a better time, to which Ms. Reynolds responded that her preference is to install sidewalk when the entire street is ready, but if that is not an option, she stated winter, i.e. December forward, may be reasonable. Ms. Reynolds added that 75 percent of the employees return year after year and that she rarely sees school children walking along that section of Main Street. Council Member Johnson stated he believed there was no best time to require this sidewalk installation because they will continuously have truck and forklift traffic and it makes better sense to do the sidewalk when the entire block is ready to be installed. Mayor Kuehne stated that when he originally pulled this item from the agenda, he was unaware of the seasonal difficulty, stating that Ms. Reynolds raised a fair argument. He added that his intention was not to create difficulty, but to improve and enhance the area. He thanked Ms. Reynolds for providing her input. Council Member Chandler stated he was sympathetic to Ms. Reynold's situation and supports the staff recommendation. Council Member Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-14 authorizing the City Manager to execute an Improvement Deferral Agreement for 405 South Main Street. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne Noes: None Absent: Mayor Pro Tempore Nakanishi J. Ordinances - None K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 8:22 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 10