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HomeMy WebLinkAboutMinutes - October 1, 2014LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, OCTOBER 1, 2014 C-1 Call to Order / Roll Call The City Council Closed Session meeting of October 1, 2014, was called to order by Mayor Pro Tempore Hansen at 5:34 p.m. Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Absent: Mayor Katzakian Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Robison C-2 Announcement of Closed Session a) Conference with Adele Post, Human Resources Manager, and Jordan Ayers, Deputy City Manager (Labor Negotiators), Regarding Unrepresented Executive Management, Lodi City Mid-Management Association, Unrepresented Confidential Employees, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Fire Mid-Managers, and Lodi Professional Firefighters Pursuant to Government Code §54957.6 b) Prospective Option to Lease City Property (20± Acres Adjacent to White Slough Water Pollution Control Facility, Located at 12745 North Thornton Road, Lodi, CA); the Negotiating Parties are PG&E and the City of Lodi; Price and Terms of the Lease are Under Negotiation; Government Code §54956.8 C-3 Adjourn to Closed Session At 5:34 p.m., Mayor Pro Tempore Hansen adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:47 p.m. C-4 Return to Open Session / Disclosure of Action At 7:00 p.m., Mayor Pro Tempore Hansen 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 October 1, 2014, was called to order by Mayor Pro Tempore Hansen at 7:00 p.m. Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Absent: Mayor Katzakian Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Robison B. Presentations B-1 Domestic Violence Awareness Month Proclamation (CLK) Mayor Katzakian presented proclamation to Jennifer Jones, Director of Operations with the Women's Center of San Joaquin Youth and Family Services, proclaiming the month of October 2014 as "Domestic Violence Awareness Month" in the City of Lodi. B-2 Fire Prevention Week Proclamation (FD) Mayor Pro Tempore Hansen presented proclamation to Fire Chief Larry Rooney proclaiming the week of October 5 - 11, 2014, as "Fire Prevention Week" in the City of Lodi. Chief Rooney invited the Council and public to attend its open house at Fire Station No. 1 on October 11 from 10 a.m. to 2 p.m. and its fire prevention class on October 22 at the Lodi Public Library. B-3 Lodi Fire Department Pink October Breast Cancer Awareness Month Fundraiser Proclamation (FD) Mayor Pro Tempore Hansen presented proclamation to Fire Chief Larry Rooney proclaiming the month of October 2014 as "Lodi Fire Department Pink October Breast Cancer Awareness Month" in the City of Lodi. Chief Rooney announced that firefighters will be selling Pink October t-shirts at the Lodi Street Faire on Sunday, October 5 and at each of the fire stations, as well as the fire administration office. In addition, a fundraiser will be held at Chili's restaurant on October 8 and 29 from 11:30 a.m. to 2 p.m. and to 5 p.m. to 10 p.m. with proceeds going toward breast cancer research. Further, the Muscular Distrophy Association "Fill the Boot" event is October 25 on Kettleman Lane in front of Wal-Mart from 9 a.m. to 3 p.m. B-4 Firefighter Memorial Month Proclamation (FD) Mayor Pro Tempore Hansen presented proclamation to Fire Chief Larry Rooney proclaiming the month of October 2014 as "Firefighter Memorial Month" in the City of Lodi. B-5 Public Power Week Proclamation (EU) Mayor Pro Tempore Hansen presented proclamation to Elizabeth Kirkley, Electric Utility Director, proclaiming the week of October 5 - 11, 2014, as "Public Power Week" in Lodi. Ms. Kirkley announced that this was the 28th year in celebration of Public Power Week and further invited the public to attend its open house on October 8. B-6 Check Presentation for Hutchins Street Square Pool in Memory of Hank Wright (PRCS) Mayor Pro Tempore Hansen accepted checks totaling $1,000, as presented by Ann Voegele, from Hutchins Street Square pool patrons in memory of Hank Wright, who passed away on June 20 at the age of 82. Ms. Voegele stated that Mr. Wright was an avid, long-time patron of the pool, and she thanked those who gave to his memorial fund. 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, 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 Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian C-1 Receive Register of Claims in the Amount of $6,874,850.53 (FIN) Claims were approved in the amount of $6,874,850.53. C-2 Approve Minutes (CLK) The minutes of September 2, 2014 (Shirtsleeve Session), September 3, 2014 (Regular Meeting), September 9, 2014 (Shirtsleeve Session), September 16, 2014 (Shirtsleeve Session), September 16, 2014 (Special Meeting), September 17, 2014 (Regular Meeting), and September 23, 2014 (Shirtsleeve Session) were approved as written. C-3 Approve Specifications and Authorize Advertisement for Bids to Procure Underground Electric Utility Cable (EU) Approved specifications and authorized advertisement for bids to procure underground electric utility cable. C-4 Approve Specifications and Authorize Advertisement for Bids to Procure Trayer Padmount Switches (EU) Approved specifications and authorized advertisement for bids to procure Trayer padmount switches. C-5 Adopt Resolution Authorizing the Purchase of Two 2015 Jeep Patriots from Lodi Chrysler Dodge Jeep Ram for the Building Inspection Division and Appropriating Funds ($43,000) (CD) This item was pulled from the Consent Calendar at the request of Council Member Johnson. Council Member Johnson stated that he was pleased to see the City recommend purchase of vehicles from local car dealers; however, he expressed concern that one of the two vehicles being replaced still has relatively low mileage. He agreed that the high-mileage vehicle, which was taken out of service due to engine failure, should be replaced, but the two remaining vehicles for the department have relatively low mileage and he believed the City has qualified mechanical staff to maintain them. In response to Council Member Johnson, City Manager Schwabauer stated that staff is requesting to replace only one of the two lower-mileage vehicles, with the other one serving as back-up, and the high-mileage vehicle is non-functioning and must be replaced. He stated that the lower-mileage vehicle recommended for replacement is failing and has high maintenance costs; however, he suggested staff be given time to look into that vehicle further and return to Council at a later date with a recommendation. Council Member Johnson stated he would support the request to replace the non-functioning vehicle but not the lower-mileage vehicle. Mayor Pro Tempore Hansen stated that, if the matter is brought back, it would be beneficial to know the repair costs because there does come a point at which more money is spent on repairs than what the vehicle is worth. In response to Council Member Mounce, Mr. Schwabauer stated that the department could function in the meantime if at least the non-working vehicle was replaced at this time. Council Member Mounce made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2014-183 authorizing the purchase of a 2015 Jeep Patriot from Lodi Chrysler Dodge Jeep Ram for the Building Inspection Division and appropriating funds in the amount of $21,500. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian C-6 Adopt Resolution Authorizing the Purchase of 2014 Isuzu Commercial Van for Graffiti Abatement from Diesel Performance, Inc., of Stockton ($68,275.60) (PW) This item was pulled from the Consent Calendar by Council Member Johnson. Council Member Johnson expressed concern that a commercial van for graffiti abatement purposes costs $68,000. At the request of Public Works Director Wally Sandelin, this matter was tabled for a future meeting. C-7 Adopt Resolution Awarding Contract and Authorizing Extensions for Biosolids Dewatering Polymer at White Slough Water Pollution Control Facility to Solenis, LLC, of Wilmington, DE ($76,908) (PW) Adopted Resolution No. 2014-172 awarding contract and authorizing extensions for biosolids dewatering polymer at White Slough Water Pollution Control Facility to Solenis, LLC, of Wilmington, Delaware, in the amount of $76,908. C-8 Accept Improvements Under Contract for Lodi Lake Park - Youth Area Pathway Improvements (PW) Accepted improvements under contract for Lodi Lake Park - Youth Area Pathway Improvements. C-9 Adopt Resolution Accepting Donation from Hutchins Street Square Foundation ($50,000); Authorizing the City Manager to Execute Professional Services Agreement with Empire Today, LLC, of Union City, for Carpet Replacement Project ($104,072); and Appropriating Funds ($50,000) (PW) Adopted Resolution No. 2014-173 accepting a donation from Hutchins Street Square Foundation in the amount of $50,000; authorizing the City Manager to execute a Professional Services Agreement with Empire Today, LLC, of Union City, for carpet replacement project in the amount of $104,072; and appropriating funds in the amount of $50,000. C-10 Adopt Resolution Authorizing the City Manager to Execute Change Order No. 6 to 2013- 2015 Sidewalk Repair Program and Miscellaneous Concrete Work Contract with Popuch Concrete Contracting, Inc., of Lodi ($218,514) (PW) Adopted Resolution No. 2014-174 authorizing the City Manager to execute Change Order No. 6 to 2013-2015 Sidewalk Repair Program and Miscellaneous Concrete Work Contract with Popuch Concrete Contracting, Inc., of Lodi, in the amount of $218,514. C-11 Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to Professional Services Agreement with WGR Southwest, Inc., of Lodi, for Storm Drainage Permit Compliance Services ($127,347) (PW) Adopted Resolution No. 2014-175 authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with WGR Southwest, Inc., of Lodi, for storm drainage permit compliance services in the amount of $127,347. C-12 Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to Professional Services Agreement with Robertson-Bryant, Inc., of Elk Grove, for White Slough Water Pollution Control Facility Permit Compliance Services ($19,200) (PW) Adopted Resolution No. 2014-176 authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with Robertson-Bryant, Inc., of Elk Grove, for White Slough Water Pollution Control Facility permit compliance services in the amount of $19,200. C-13 Adopt Resolution Authorizing the City Manager to Execute Agreement with North San Joaquin Water Conservation District for Water Purchase (PW) This item was pulled by Council Member Nakanishi for the purpose of a staff report. City Manager Schwabauer explained that Lodi has a combination of ground and surface water supply that runs through the Surface Water Treatment Plant. The City is currently drawing 10,000 acre feet of groundwater and purchasing 6,000 acre feet from the Woodbridge Irrigation District. The North San Joaquin Water Conservation District (NSJWCD) has its own water rights and has struggled to finance improvements to its system to use its supply to the fullest. With this agreement, the City has an opportunity to purchase another 1,000 acre feet of water at a cost of $100 per acre foot per year. Public Works Director Wally Sandelin added that this would be winter water. In response to Council Member Mounce, Mr. Sandelin stated that there is a method in place to quantify how much water the City takes. Mr. Schwabauer further explained the process of conjunctively recharging the water supply and provided details regarding new legislation that affects groundwater regulations. In response to Council Member Johnson, Jennifer Spaletta with NSJWCD stated there have been some challenges over the last decade regarding the District's water rights and the ability of the District to put the full amount of its right to use by the deadline. The District requested an extension to use its 20,000 acre feet of water, which has since expired, and it is currently working to once again extend that date to 2040. She was hopeful the request for the extension would be granted by the end of the year and this agreement with the City, in conjunction with other District efforts, would demonstrate to the State that it is working toward utilizing its full allotment of water. Ms. Spaletta added that the agreement includes language that this is conditioned on State approval of NSJWCD's extension. She added that the new legislation has increased pressure on farmers to put money into their systems and has given them a reason to invest in the District's water delivery system, the revenue from which will help the District get back on its feet. Council Member Nakanishi made a motion, second by Council Member Johnson, to adopt Resolution No. 2014-184 authorizing the City Manager to execute agreement with North San Joaquin Water Conservation District for water purchase. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian C-14 Adopt Resolution Authorizing the City Manager to Execute Agreement and Approve Proposed Expenditure Program for Lodi’s Share of the 2014 Edward Byrne Memorial Justice Assistance Grant ($20,738) (PD) Adopted Resolution No. 2014-177 authorizing the City Manager to execute an agreement and approve proposed expenditure program for Lodi's share of the 2014 Edward Byrne Memorial Justice Assistance Grant in the amount of $20,738. C-15 Adopt Resolution Authorizing the City Manager to Execute Improvement Agreement for Reynolds Ranch Phase 3A Public Improvements and Approving No-Parking Zones on Rocky Lane (PW) Adopted Resolution No. 2014-178 authorizing the City Manager to execute Improvement Agreement for Reynolds Ranch Phase 3A Public Improvements and approving no-parking zones on Rocky Lane. C-16 Adopt Resolution Approving City of Lodi 2014 Sewer System Management Plan Update (PW) Adopted Resolution No. 2014-179 approving the City of Lodi 2014 Sewer System Management Plan Update. C-17 Adopt Resolution Rescinding Resolution No. 2012-34 and Adopt Resolution to Approve Version 3.0 of City of Lodi Risk Management and Compliance Program for the Electric Utility (EU) Adopted Resolution No. 2014-180 rescinding Resolution No. 2012-34 and approving Version 3.0 of City of Lodi Risk Management and Compliance Program for the Electric Utility. C-18 Rescind Resolution 2013-21 and Adopt Resolution Authorizing Issuance of Procurement Cards to Specified Positions (CM) Rescinded Resolution No. 2013-21 and adopted Resolution No. 2014-181 authorizing issuance of procurement cards to specified positions. C-19 Receive Update on Emergency Condition at White Slough Water Pollution Control Facility Digesters No. 1 and No. 2 (PW) Received update on emergency condition at White Slough Water Pollution Control Facility Digesters No. 1 and No. 2. C-20 Adopt Resolution Opposing California Proposition 47 (Criminal Sentences. Misdemeanor Penalties. Initiative Statute.) on the November 4, 2014, Ballot (PD) Adopted Resolution No. 2014-182 opposing California Proposition 47 (Criminal Sentences. Misdemeanor Penalties. Initiative Statute.) on the November 4, 2014, ballot. C-21 Set Public Hearing for November 19, 2014, to Consider Unmet Transit Needs in Lodi (PW) Set Public Hearing for November 19, 2014, to consider unmet transit needs in Lodi. 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. None. E. Comments by the City Council Members on Non-Agenda Items Council Member Johnson reminded citizens that the Parks, Recreation, and Cultural Services Department has started work on a strategic plan to determine what services it will provide to the community and how to get to that end result. The consultants conducted a public meeting recently, which was relatively well attended, and he stressed that community input and involvement will help make this plan a success. This effort will include surveys, public meetings, and website information in multiple languages. Council Member Mounce expressed appreciation to the Community Partnership for Families for its 17th annual Celebration on Central last Sunday, which brought together many agencies and citizens from the east side for food, music, activities, and information. Mayor Pro Tempore Hansen provided an update regarding the San Joaquin Council of Governments, including the Tracy Lakes project for groundwater storage, the Highway 12 project, and the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fee increase. Mr. Hansen also reported on the Northern California Power Agency (NCPA) annual conference, as well as his participation in the interview process for NCPA's new general manager. F. Comments by the City Manager on Non-Agenda Items City Manager Schwabauer provided the website address for the Parks, Recreation, and Cultural Services Department strategic plan, lodiparksdivision.com, and stated that the survey is now available for public participation. G. Public Hearings G-1 Public Hearing to Consider Adopting a Resolution Certifying a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension (CD) Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Pro Tempore Hansen called for the public hearing to consider adopting a resolution certifying a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. Senior Planner Craig Hoffman provided a PowerPoint presentation regarding the Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. Specific topics of discussion included vicinity map, noticing requirements, public comments, and recommendation. City Manager Schwabauer stated that this action is to support the environmental issues associated with the proposed wastewater line to the Michael-David Winery and that the contract with the winery would come before Council at a later date. In response to Council Member Mounce, Mr. Hoffman stated that the route depicted in the vicinity map was suggested by Michael-David Winery, there are other alternative routes available in the environmental documentation, and all routing options will be reviewed in the next step to see what makes the most sense. In further response, Mr. Hoffman stated that, if the final selected route is not the one depicted on the map or otherwise identified as an alternative in the environmental documentation, another review of impacts would need to be conducted. In response to Council Member Johnson, Mr. Hoffman stated that San Joaquin County Public Works prefers a route that is in the public right of way and does not cross private property. The route depicted in the map makes the most sense from an alignment standpoint and does not create additional impacts beyond what already exists. In response to Council Member Nakanishi, Mr. Hoffman confirmed that Michael Rego, who submitted an opposition letter that was provided to Council as a Blue Sheet item, was the only individual who expressed displeasure with the proposed pipeline. In further response, Mr. Hoffman confirmed that, if the route changed to follow Ray Road, it too would be in the public right of way. He stated that the final decision on the alignment would not be made until surveys and construction documents have been completed; however, the preferred route at this time is the one depicted on the vicinity map. In response to Council Member Mounce, Mr. Schwabauer stated that the proposed contract currently under negotiation with Michael-David Winery calls for all project costs and City staff time to be borne by the winery. Ms. Mounce expressed support for public/private projects such as this and for the reduction in truck traffic and emissions into the air by eliminating the need to truck winery waste. She did, however, stress that staff work with property owners and farmers in that area to ensure that farming activities are not disrupted or hindered in any way during this project. Mr. Schwabauer stated that the City Attorney is working to include a clause in the contract to ensure those issues are minimized. Mayor Pro Tempore Hansen opened the public hearing for public comment. There being no public comments, Mayor Pro Tempore Hansen closed the public hearing. Council Member Mounce made a motion, second by Council Member Johnson, to adopt Resolution No. 2014-185 certifying a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian G-2 Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by Repealing and Reenacting Sections 13.20.190, "Schedule EA (Residential Service)," 13.20.210, "Schedule EM (Mobilehome Park Service)," 13.20.230, "Schedule EL (Outdoor Dusk-to-Dawn Lighting)," 13.20.235, "Schedule ES (City Facilities Service)," 13.20.240, "Schedule G1 (General Service - Group 1 Commercial/Industrial)," 13.20.250, "Schedule G2 (General Service - Group 2 Commercial/Industrial)," 13.20.260, "Schedule G-3 (General Service - Group 3 Commercial/Industrial)," 13.20.270, "Schedule G4 (General Service - Group 4 Commercial/Industrial)," 13.20.280, "Schedule G5 (General Service - Group 5 Commercial/Industrial)," 13.20.310, "Schedule I1 (General Service - Group 5 Commercial/Industrial - Optional)," 13.20.325, "Schedule EV (Electric Vehicle Pilot Charging Rate)," and 13.20.330, "Schedule IE (Industrial Equipment Charging Service)," in Their Entirety (EU) Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Pro Tempore Hansen called for the public hearing to introduce ordinance amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by repealing and reenacting Sections 13.20.190, "Schedule EA (Residential Service)," 13.20.210, "Schedule EM (Mobilehome Park Service)," 13.20.230, "Schedule EL (Outdoor Dusk-to-Dawn Lighting)," 13.20.235, "Schedule ES (City Facilities Service)," 13.20.240, "Schedule G1 (General Service - Group 1 Commercial/Industrial)," 13.20.250, "Schedule G2 (General Service - Group 2 Commercial/ Industrial)," 13.20.260, "Schedule G-3 (General Service - Group 3 Commercial/Industrial)," 13.20.270, "Schedule G4 (General Service - Group 4 Commercial/ Industrial)," 13.20.280, "Schedule G5 (General Service - Group 5 Commercial/Industrial)," 13.20.310, "Schedule I1 (General Service - Group 5 Commercial/ Industrial - Optional)," 13.20.325, "Schedule EV (Electric Vehicle Pilot Charging Rate)," and 13.20.330, "Schedule IE (Industrial Equipment Charging Service)," in their entirety. City Manager Schwabauer stated that the Mayor was scheduled to participate in the Council meeting via teleconference; however, his plane was delayed and it would be another ten minutes until he would be available by phone. Council Member Mounce stated she was in favor of postponing this matter in order to give citizens additional time to thoroughly understand the issue. She further suggested that, when it does come back to Council, there also be a discussion about changing the rate structure to simplify the billing for customers. Council Member Nakanishi expressed support for continuing the hearing to a time when all five Council Members were in attendance, not via teleconference. In response to Mr. Schwabauer, Council Member Mounce explained that she would like to see the Energy Cost Adjustment (ECA) eliminated, the number of tiers in the rate structure reduced, and a new line item specifically for infrastructure. Rates and Resources Manager Melissa Cadek stated that many utilities have some market-type adjustment in its rate structure that is similar to Lodi's ECA. Council Member Johnson stated he would support a motion to postpone the hearing to November 19; however, he believed any discussion on changing the rate structure should be a separate discussion as it will take staff time and effort to put information together and he did not believe that could be completed by the new hearing date. Council Member Mounce suggested the discussion on rate structure changes occur after the newly-elected Council Members are seated. Council Member Mounce made a motion, second by Council Member Johnson, to continue the public hearing to November 19, 2014, to consider introducing ordinance amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by repealing and reenacting Sections 13.20.190, "Schedule EA (Residential Service)," 13.20.210, "Schedule EM (Mobilehome Park Service)," 13.20.230, "Schedule EL (Outdoor Dusk-to-Dawn Lighting)," 13.20.235, "Schedule ES (City Facilities Service)," 13.20.240, "Schedule G1 (General Service - Group 1 Commercial/Industrial)," 13.20.250, "Schedule G2 (General Service - Group 2 Commercial/Industrial)," 13.20.260, "Schedule G-3 (General Service - Group 3 Commercial/Industrial)," 13.20.270, "Schedule G4 (General Service - Group 4 Commercial/Industrial)," 13.20.280, "Schedule G5 (General Service - Group 5 Commercial/Industrial)," 13.20.310, "Schedule I1 (General Service - Group 5 Commercial/Industrial - Optional)," 13.20.325, "Schedule EV (Electric Vehicle Pilot Charging Rate)," and 13.20.330, "Schedule IE (Industrial Equipment Charging Service)," in their entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian H. Communications - None I. Regular Calendar I-1 Adopt Resolution Approving City of Lodi Transit Advertising Policy (PW) Transportation Manager Paula Fernandez provided a PowerPoint presentation regarding the City of Lodi Transit Advertising Policy. Specific topics of discussion included reasons, locations, examples of advertising panels, and implementation. In response to Mayor Pro Tempore Hansen, Ms. Fernandez stated that City-sponsored advertisements would be handled in the same manner as outside advertising requests. Any revenue received would go to the City transit account for capital or operating expenses and would be paid out of the appropriate department account. In further response, Ms. Fernandez stated that she anticipates revenue to be $47,000 annually and that, to date, she has received interest from the City Water Conservation division. In response to Council Member Nakanishi, Ms. Fernandez stated that typically consultants and the agency will share the advertising commission because it helps the consultant market the program and get vendor interest. In response to Council Member Johnson, Ms. Fernandez stated that Council action at this meeting is for the policy and that staff would return with a contract for an advertising marketer. In response to Mayor Pro Tempore Hansen, Ms. Fernandez stated that the $47,000 estimate is net revenue and that the consultant commission has already been factored into the equation. Mr. Hansen suggested that the newly-hired economic development position be responsible for securing advertising, instead of hiring a consultant. City Manager Schwabauer agreed that this would be an option; however, consultants typically have greater connections and the marketing skills that would likely bring more significant results than in-house staff. In response to Council Member Johnson, Ms. Fernandez displayed sample advertisements at shelters and transit stations, adding that it would also be possible to add a monitor at the station to show bus schedules in addition to advertisements. Public Works Director Wally Sandelin reiterated that staff is only looking for policy approval at this time and not how to implement the program. Council Member Nakanishi made a motion, second by Council Member Mounce, to adopt Resolution No. 2014-186 approving City of Lodi Transit Advertising Policy and to provide direction that staff return to Council with the final plan or contract prior to implementation. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian I-2 Introduce Ordinance Adding Lodi Municipal Code Chapter 8.30 to Prohibit the Outdoor Cultivation of Marijuana within the City of Lodi and to Regulate the Indoor Cultivation of Medical Marijuana by Qualified Patients and Primary Caregivers that Creates a Public Nuisance (CA) City Attorney Magdich reported that the ordinance before Council is similar to the temporary moratorium that Council previously approved, with a few minor amendments: because this is a permanent ordinance, violations will be prosecuted as a misdemeanor; it prohibits cultivation outdoors; it allows indoor cultivation in residential areas only and by qualified patients and caregivers; and, if marijuana is seen or smelled beyond the property line, the City can abate under the administrative procedures in the Lodi Municipal Code or as any other violation. Ms. Magdich stated she worked with the Police Chief and Code Enforcement division on this ordinance and that, in two years, only five complaints were received, all of which were dealt with on a staff level through code enforcement procedures. In response to Council Member Mounce, Ms. Magdich stated that, as long as marijuana cannot be seen or smelled at the property line, it can be grown indoors in an area zoned residential, which includes an attached or detached garage that complies with the building code. It does not include any other outdoor structures. In response to Council Member Johnson, Ms. Magdich stated that an outdoor structure must meet the building code definition of a garage and that the proposed ordinance was specifically worded in order to avoid temporary outdoor structures, such as gazebos and lean-to assemblies. City Manager Schwabauer stated that the concept was to ensure these structures were secure. In response to Mayor Pro Tempore Hansen, Ms. Magdich reiterated that the ordinance prohibits all outdoor cultivation of marijuana. If a resident is growing marijuana in the backyard, it is a violation and would be handled on a complaint-driven basis. Further, the ordinance does not allow dispensaries, but it does allow cultivation by qualified patients and caregivers, as defined by state law. In response to Mayor Pro Tempore Hansen, Ms. Magdich stated that the issue of legalizing marijuana will most likely appear on the 2016 ballot. The California Police Chiefs had proposed legislation that would have placed regulations on the compassionate use act, but it failed in the Assembly. Police Chief Mark Helms thanked the City Attorney for her efforts on this issue and stated that the effort by the California Police Chiefs and the League of California Cities began in Lodi. He stated the issue would most likely be brought forward again next year as another attempt to ensure local control for cities. Council Member Mounce offered her assistance in future endeavors by coordinating efforts with the League of California Cities. In response to Council Member Johnson, Chief Helms stated that the medical marijuana law was passed by voters and it is, unfortunately, abused as prescriptions are often written as a simple doctor's note. Ms. Magdich stated that it would require a legal constitutional amendment to correct that flaw. Maria Rosado spoke in support of the proposed ordinance, stating she was pleased to see that the issue of odor and outdoor cultivation is being addressed. Mayor Pro Tempore Hansen made a motion, second by Council Member Johnson, to introduce Ordinance No. 1898 adding Lodi Municipal Code Chapter 8.30 to prohibit the outdoor cultivation of marijuana within the City of Lodi and to regulate the indoor cultivation of medical marijuana by qualified patients and primary caregivers that creates a public nuisance. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian I-3 Introduce Ordinance Amending Lodi Municipal Code Chapter 15.20 - Fire Code - by Adding Section 15.20.275, "Electronic Records" (FD) Fire Battalion Chief Gene Stoddart provided a presentation regarding the proposed amendment to the Lodi Municipal Code relating to electronic records. Specific topics of discussion included types of records and current code requirements, goals to improve the inspection and notification systems and to go paperless, and similar electronic records program at Consumnes Fire District. Chief Stoddart added that this new system would ultimately ensure compliance and would have a significant impact on fire safety, fire loss, fire detection, notification, and suppression. In response to Council Member Mounce, Chief Stoddart confirmed that the request at this time is only to amend the ordinance and not to approve a vendor contract. Any cost to the customer for this program would likely be passed through by the vendor they select. The contractor that is ultimately selected by the City to run this program would provide training to the service providers, building owners, and fire service personnel. In response to Council Member Nakanishi, Chief Stoddart stated that a licensed contractor would not certify a system that does not meet the standards specified in the code. Ed Miller stated that an automated system would most likely result in a cost savings to the Fire Department and should provide access to data that would normally be difficult to obtain. Council Member Mounce made a motion, second by Council Member Nakanishi, to introduce Ordinance No. 1899 amending Lodi Municipal Code Chapter 15.20 - Fire Code - by adding Section 15.20.275, "Electronic Records." VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian I-4 Adopt Resolution Adding One Administrative Secretary and Deleting One Senior Police Administrative Clerk Position within the Police Department (CM) Human Resources Manager Adele Post provided a brief report on the request to add one Administrative Secretary and delete one Senior Police Administrative Clerk position in the Police Department. In response to Mayor Pro Tempore Hansen, City Manager Schwabauer stated that there will still be two clerical positions in the Police Department: one Senior Police Administrative Clerk and one Administrative Secretary. The Administrative Secretary position would perform higher class level work, including staff reports, correspondence, and contracts. Council Member Johnson made a motion, second by Council Member Mounce, to adopt Resolution No. 2014-187 adding one Administrative Secretary and deleting one Senior Police Administrative Clerk position within the Police Department. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Hansen Noes: None Absent: Mayor Katzakian J. Ordinances - None K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 9:12 p.m. ATTEST: Jennifer M. Robison City Clerk