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HomeMy WebLinkAboutMinutes - April 5, 2017LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, APRIL 5, 2017 C-1 Call to Order / Roll Call The City Council Closed Session meeting of April 5, 2017, was called to order by Mayor Kuehne at 6:30 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 C-2 Announcement of Closed Session a) Exposure to Litigation Pursuant to Government Code §§54956.9(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) b) Actual Litigation: Government Code §54956.9; One Application; Christopher Piombo v. City of Lodi; Worker's Compensation Case No. CLMO-547786 (DOI: 1/20/2014) (CA) C-3 Adjourn to Closed Session At 6:30 p.m., Mayor Kuehne 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 Kuehne 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 April 5, 2017, was called to order by Mayor Kuehne at 7:00 p.m. B. Presentations B-1 National Public Safety Telecommunicators Week Proclamation (PD) Mayor Kuehne presented a proclamation to Kelly Michaels, Lead Dispatcher of the City of Lodi Police Department Communications Center, proclaiming the week of April 9-15, 2017, as National Public Safety Telecommunicators Week in the City of Lodi. B-2 National Animal Control Officer Appreciation Week Proclamation (PD) Mayor Kuehne presented a proclamation to Jennifer Bender, Animal Services Supervisor of the Lodi Police Department Animal Services Unit, proclaiming April 9-15, 2017, as National Animal Control Officer Appreciation Week in the City of Lodi. 1 B-3 Library Volunteer of the Year Award (LIB) This item was pulled from the agenda and will be brought back at the next meeting. B-4 Sexual Assault Awareness Month Proclamation (CLK) Mayor Kuehne presented a proclamation to Sierra Looney, Commercially Sexually Exploited Children Advocate for the Women's Center - Youth & Family Services, proclaiming the month of April 2017 as Sexual Assault Awareness Month in the City of Lodi. Ms. Looney encouraged the public to participate in Denim Day on April 26, 2017, by wearing denim as a visible sign to protest against sexual violence. Anyone wanting further information was invited to visit the website at www.womenscenteryfs.orq. RECESS At 7:08 p.m., Mayor Kuehne called for a recess, and the City Council meeting reconvened at 7:12 p.m. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Chandler made a motion, second by Council Member Mounce, 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 $6,650,442.37 (FIN) Claims were approved in the amount of $6,650,442.37. C-2 Approve Minutes (CLK) The minutes of March 1, 2017 (Regular Meeting), March 7, 2017 (Special Meeting), March 7, 2017 (Shirtsleeve Session), and March 14, 2017 (Shirtsleeve Session) were approved as written. C-3 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 for Directional Drilling, Excavation, and Conduit Installation with Westech Industries, Inc., of Galt ($1,000,000) (EU) Adopted Resolution No. 2017-46 authorizing the City Manager to execute Contract Amendment No. 1 for directional drilling, excavation, and conduit installation with Westech Industries, Inc., of Galt, in the amount of $1,000,000. C-4 Adopt Resolution Authorizing City Manager to Execute Task Order No. 40 with West Yost Associates, of Davis, for White Slough Water Pollution Control Facility Supervisory Control and Data Acquisition System Upgrade; Arc Flash Investigating and Training; and Preliminary Design of Odor Control, Electrical Building, and Ultraviolet Disinfection System Communication Improvements ($660,010) (PW) This item was pulled from the agenda pursuant to staffs request. 2 C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Interwest Consulting Group, Inc., of Elk Grove, for On -Call Geographical Information System Technology Services ($150,000) (PW) Adopted Resolution No. 2017-47 authorizing the City Manager to execute a Professional Services Agreement with Interwest Consulting Group, Inc., of Elk Grove, for On -Call Geographical Information System Technology Services, in the amount of $150,000. C-6 Adopt Resolution Authorizing City Manager to Execute Joint Exercise of Powers Agreement Establishing Eastern San Joaquin Groundwater Authority (PW) Adopted Resolution No. 2017-48 authorizing the City Manager to execute a Joint Exercise of Powers Agreement establishing the Eastern San Joaquin Groundwater Authority. C-7 Adopt Resolution Authorizing Parks, Recreation and Cultural Services Director to Execute Walk with Ease Grant Certification with California Arthritis Partnership Program (PRCS) Adopted Resolution No. 2017-49 authorizing the Parks, Recreation and Cultural Services Director to execute Walk with Ease Grant Certification with California Arthritis Partnership Program. C-8 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Harvest Crossing Subdivision, Tract No. 3905 (PW) Adopted Resolution No. 2017-50 approving the Final Map and authorizing the City Manager to execute an Improvement Agreement for Harvest Crossing Subdivision, Tract No. 3905. C-9 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1, Tract No. 3919; and Amending Traffic Resolution No. 97-148 (PW) This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk stated that discussions at past Council meetings indicated that Westgate Drive will ultimately be the thoroughfare to Harney Lane; however, the planned map shows that it dead ends at the park on Century Boulevard. He questioned if the access avenue between Lots C and D will be the future link with a jog in the thoroughfare. Public Works Director Charlie Swimley confirmed that it will be a future link as the City prefers to break up long thoroughfares in residential neighborhoods and that one day it will go through to Harney Lane. Mr. Lusk stated that the report indicates funding for the reimbursement will come from the wastewater fund and questioned whether it should instead come from impact fees because the relocation is a result of new development. Mr. Swimley stated that in 2007/08 the City relined the domestic trunk that runs to the White Slough Water Pollution Control Facility to bring the pipe, which was originally installed in the late 1960s, up to standard. It was the previous City Manager's effort to spark development in that area. Since the City paid to reline and repair the existing pipe from the west to White Slough, it agreed to participate in the repair/replacement of pipe between the west side of town and Lower Sacramento Road. City Manager Schwabauer added that the City is funding the cost of the pipe, which is the smaller cost of the project. He stated that, if the City had lined the pipe at the time, the cost would have fallen entirely on the ratepayer to fund; instead, developers are funding the majority of the project, which is primarily digging up streets and replacing the pipe. In further response, Mr. Schwabauer stated that, if the City had paid the entire project, it would have cost an additional $2 million to $3 million, which would have been paid by ratepayers versus developers. This agreement was made to protect the ratepayers. Council Member Chandler made a motion, second by Council Member Johnson, to adopt Resolution No. 2017-55 approving Final Map and authorizing the City Manager to execute an Improvement Agreement for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1, Tract No. 3919; and amending Traffic Resolution No. 97-148. 3 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-10 Adopt Resolution Opposing Assembly Bill 199 (Chu) - Prevailing Wage on Private Residential Construction - and Approving Letter of Opposition (CLK) Adopted Resolution No. 2017-51 opposing Assembly Bill 199 (Chu) - Prevailing Wage on Private Residential Construction - and approving letter of opposition. C-11 Receive Report Regarding Communication Pertaining to Senate Bill 649 as Proposed to be Amended by RN 17 08941 (Hueso) - Wireless and Small Cell Telecommunications Facilities (CLK) Received report regarding communication pertaining to Senate Bill 649 as proposed to be amended by RN 17 08941 (Hueso) - Wireless and Small Cell Telecommunications Facilities. C-12 Receive Report Regarding Communication Pertaining to Senate Bill 35 (Wiener) - Affordable Housing: Streamlined Approval Process (as Amended March 9, 2017) (CLK) Received report regarding communication pertaining to Senate Bill 35 (Wiener) - Affordable Housing: Streamlined Approval Process (as amended March 9, 2017). C-13 Receive Report Regarding Communication Pertaining to Senate Bill 540 (Roth) - Workforce Housing Opportunity Zone (CLK) Received report regarding communication pertaining to Senate Bill 540 (Roth) - Workforce Housing Opportunity Zone. C-14 Adopt Resolution Repealing Resolution No. 98-22 and Approving Policy and Guidelines for Waiving Fines Associated with Filings as Required by the Fair Political Practices Commission for Statements of Economic Interests (CLK) This item was pulled from the Consent Calendar by a member of the public who ultimately declined the opportunity to make a comment. Council Member Johnson made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-56 repealing Resolution No. 98-22 and approving Policy and Guidelines for Waiving Fines Associated with Filings as Required by the Fair Political Practices Commission for Statements of Economic Interests. C-15 Adopt Resolution Approving Residential Repair Program Guidelines (CD) Adopted Resolution No. 2017-52 approving Residential Repair Program Guidelines. C-16 Adopt Resolution Appointing Andrew C. Keys to the Position of Treasurer of the City of Lodi (CM) Adopted Resolution No. 2017-53 appointing Andrew C. Keys to the position of Treasurer of the City of Lodi. 4 C-17 Adopt Resolution Authorizing Deputy City Manager/Internal Services Director as a Signer on City of Lodi Farmers & Merchants Bank Accounts (CM) Adopted Resolution No. 2017-54 authorizing the Deputy City Manager/Internal Services Director as a signer on City of Lodi Farmers & Merchants Bank accounts. 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. Mike Lusk requested Council consider placing a 1/2 percent sales tax measure on the 2018 ballot, along with a sunset clause, to address the California Public Employees' Retirement System (Cal -PERS) debt. He stated the tax would be paid by all who live and visit Lodi and enjoy the services provided by public employees instead of implementing annual rate increases. He stated he believes that, if the City can explain to citizens the offset of not having the increase that would instead be absorbed in the sales tax, it may be worth it to them to pass the measure. Mr. Lusk stated that an 8.5 percent sales tax is still lower than most localities near the Lodi area. June Aaker expressed her appreciation to the 911 dispatchers, Lodi Animal Control officers, and the Women's Center, all of whom were recognized with proclamations earlier on the agenda, for all they do for the community. Ms. Aaker stated she was speaking as a representative of Lodi Citizens in Action, which for the past two years has hosted the Law Enforcement Appreciation fundraiser that raised over $21,000 for the Lodi Police Department and the Lodi Police Foundation. This year's event, scheduled for September 23, 2017, will be moved to DeBenedetti Park and will include a run/walk. The group would like the opportunity to sell 10 -foot x 10 -foot vendor spaces in the parking area inside the park; however, Lodi Municipal Code Section 12.12.060, Commercial Activity, prohibits the group from selling spaces to vendors. She requested Council place an item on a future agenda to consider waiving the requirements of this ordinance for the half-day event. Ms. Aaker reported that past fundraising efforts enabled the Lodi Police Department and Foundation to purchase trauma kits for police vehicles and to replace ballistic shields for every officer. Council Member Johnson complimented Ms. Aaker and the downtown merchants for aiding a worker from United Cerebral Palsy, which is the organization responsible for cleaning the downtown streets, who was assaulted and robbed by replacing his lost items. Mayor Kuehne recognized Ms. Aaker for her work with this foundation and stated her request would be taken under advisement. E. Comments by the City Council Members on Non -Agenda Items Council Member Johnson requested that the meeting be adjourned in memory of Ed DeBenedetti, former Parks and Recreation Director, who passed away on March 27, 2017. Council Member Johnson stated that Mr. DeBenedetti built up the Parks and Recreation Department over a 40 -year period and described him as a man with a smile on his face and a chuckle in his heart. Council Member Chandler commended Electric Utility Director Elizabeth Kirkley and Lodi Electric Utility (LEU) for its hard work and efforts on the LEU strategic plan and presentation the night before. A significant amount of information was brought forward, yet only one citizen was in attendance. Council Member Chandler encouraged the public to be engaged in this process as issues such as customer service and rates will be discussed. 5 F. Comments by the City Manager on Non -Agenda Items City Manager Schwabauer commented on a UC Berkeley article that stated the California Public Employees Retirement System (Cal -PERS) pension issue is not a problem for cities because they will not disappear like private entities do, that they do not need funded pensions, and that they can continue to operate on a pay-as-you-go basis. He stated that he believes the article misses the point because a city may still exist, but its viability may not, and he used the City of Stockton as an example. Mr. Schwabauer stated that many cities are struggling financially and filing for bankruptcy and the easiest liability to wipe out is one that is not funded. He pointed out that the Cal -PERS Board issued a five-year projection, which for Lodi is $7 million more for just the general fund and $13 million more in five years, which will continue to increase exponentially afterward. The Cal -PERS Board will provide an update on the bill when the June 2016 actuarial is released, and Mr. Schwabauer anticipated the news will be negative. He expressed great concern that this article and opinion are circulating and that the public may be buying into it. G. Public Hearings G-1 Continue Public Hearing to April 19, 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) Council Member Mounce made a motion, second by Council Member Chandler, to continue public hearing to April 19, 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 G-2 Public Hearing to Consider Appeal of Public Works Director's Decision Regarding Construction Application No. 20162787 at 1045 South Cherokee Lane (PW) NOTE: This item is a quasi-judicial hearing and requires disclosure of ex parte communications as set forth in Resolution No. 2006-31. Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Kuehne called for the public hearing to consider the appeal of the Public Works Director's decision regarding Construction Application No. 20162787 at 1045 South Cherokee Lane. Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the appeal of the Public Works Director's decision regarding Construction Application No. 20162787 at 1045 South Cherokee Lane. Specific topics of discussion included driveways at 1045 South Cherokee Lane non-compliance with Americans with Disabilities Act (ADA), timeline, relevant Lodi Municipal Code sections, and department recommendation. In response to Council Member Mounce, Mr. Swimley stated he believes only one project that met the Lodi Municipal Code requirement was overlooked and it was for tenant improvements valued at $52,000. Because it was barely over the threshold, staff felt it was too burdensome to require the tenant perform $16,000 in driveway improvements. He stated he was City Engineer at the time of that project and he should have noticed the application, but he does not recall seeing the project come before him. Mr. Swimley stated that Lodi is a business -friendly town and he believes staff has been reasonable with the owners while still meeting Lodi Municipal Code requirements. Council Member Mounce stated that the staff report indicates other projects either did not meet the requirements, were not reviewed by Public Works, or were inadvertently 6 overlooked. Mr. Swimley explained that solar panel projects initially did not come before Public Works, but the issue has evolved significantly over the last five years. Early applications were processed as electrical permits, which did not go through Public Works, but now the Building Department addresses it more formally as a building permit, which triggers Public Works involvement. He stated the few that got by Public Works were because they were in the infant stage of the solar evolution. Council Member Mounce disagreed that the pathway in front of this property is a safe route to school simply because the other side of the street does not have sidewalk. She suggested Lodi Academy School be required to install sidewalk on the other side instead of making a business pay for the improvements and taking on the responsibility of being a safe route to school. Mr. Swimley stated he has discussed with the owners some wiggle room and options on the cracks and sidewalks. Council Member Mounce stated there are areas in town with significant potholes and inadequate sidewalks and questioned why other businesses are not forced to repair the deplorable condition on their sidewalks, driveways, and alley entrances. She stated that Wild Horses is attempting to improve Cherokee Lane with their business, yet the City is requiring these significant improvements, which does not feel very business -friendly. Council Member Johnson disclosed that he visited the site and spoke to the owner, Sheyla Creel. He stated there are six driveways total, three on Cherokee Lane and three on Poplar Street, and questioned if the Cherokee Lane driveways can be used as ADA -accessible entrances. Assistant Engineer Kimberly Sobin stated the path of travel on those driveways are 2 percent and are ADA compliant. Council Member Johnson suggested just using the Cherokee Lane driveways because they are compliant. Mr. Swimley stated that he suggested to the owners they remove the driveways on Poplar Street and replace them with sidewalk panels, but that option was not acceptable to them. Council Member Johnson question why do anything on Poplar Street if there is an acceptable driveway on Cherokee Lane, to which Mr. Swimley responded that the path of travel along Poplar Street is not ADA compliant and that anyone following the sidewalk path in a wheelchair will tip. The only ADA -accessible driveways are the ones on Cherokee Lane, while access from Poplar Street is not. In further response, Mr. Swimley stated that new driveways have a path of travel that keeps the cross load at less than 2 percent and the Poplar Street driveway has a flare that turns the entire sidewalk into a driveway. The Cherokee Lane driveway can be over 2 percent because there is separation from the pedestrian and vehicular paths of travel. Mayor Kuehne stated that ADA compliance is not new and those not meeting the requirements are a lawsuit waiting to happen. Mr. Swimley explained that this portion of the Lodi Municipal Code has been in place since 1994 and started with a $25,000 threshold with an escalator based on the Engineering News Record that increased the threshold to $49,900. If tenant improvements to a facility are below that threshold, they are exempt from the requirements to do the public improvements. The project referenced earlier was $52,000, just slightly over the threshold. Council Member Mounce stated that years ago a public improvement request for property on Stockton Street and Kettleman Lane had a condition that, if the property sold, the improvements would be required at that time. The waiver put off the improvements until new owners purchased the property. She questioned if a condition similar to that could be considered in this instance that would require the owners to upgrade the driveways in a less restrictive timeframe. She suggested one driveway in six months, another in a year, and the third in two years so it is less of a burden on the property owners. Mr. Swimley stated that is an acceptable alternative and suggested six month increments for each driveway. He pointed out that an improvement deferral agreement has a fee of $2,079, but it was not requested and did not seem acceptable to the property owner. He stated Ms. Creel was adamant this requirement be removed in its entirety. Council Member Mounce requested the appellants address this suggestion during the public hearing portion. Mayor Kuehne opened the public hearing for public comment. Sheyla Creel stated that she and her husband have worked together for 23 years and have a solid reputation with their customers, vendors, and business partners. She stated they continue to be in business because they are not wasteful or frivolous with money. They decided to install a solar system because they wanted to save money and hired Matt McCarty, who was highly recommended by area business owners, to install the system. Ms. Creel stated that, although he 7 was not the least expensive contractor, Mr. McCarty was diligent, upfront, professional, and trustworthy and they relied on him to guide them through the process. Up to this point, Mr. McCarty had no issues with this ordinance on other projects and he believed the Wild Horses project would be no different. She stated that neither Mr. McCarty or Wild Horses was trying to move around the Public Works requirements; however, despite overlooking the requirement two year ago, Public Works pushed the issue with them. Ms. Creel stated she had an architect review locations in Lodi who found less than 5 percent of driveways meet ADA standards. With regard to Public Works' offer to have the City's contractor fix the sidewalk at a reduced cost and bill them, she stated the estimate failed to reflect the transition portion, which would cost an additional $9,000. She stated that, if Council insists on passing this cost onto them, they will hire Mr. McCarty to perform the work. She added that, if Public Works had consistently enforced the ordinance and they had been aware of the requirements and costs for the public improvements, they would have not moved forward with the solar project because they have other business upgrades and renovations. Ms. Creel stated this ordinance is not business -friendly and places an unnecessary burden on their business. To date, they have been unable to take advantage of the solar system because staff will not finalize the building permit until the improvements are made. She asked Council to allow them to invest money back into their business and to take advantage of the solar system they purchased. Council Member Johnson asked for her response regarding her statement in the letter of January 17, 2017, in which she stated the assumption was the requirement would be rescinded. He stated that it is evident they and the contractor knew of the requirement, yet they proceeded anyway. Ms. Creel stated that the contractor had no issues with his other clients and they relied on his expertise to guide them. Jim Creel displayed pictures of his driveway and stated he understands the driveways do not meet ADA requirements, but from a business owner standpoint, he believes a wheelchair could navigate the sidewalk adequately unless one wanted to extort a business. He stated the appeal process is to allow them to ask Council to change the decision and he hopes Council will consider all of the information so they do not have to follow through with the requirement. Council Member Mounce asked if they would be willing to defer the improvements as she suggested earlier, to which Mr. Creel stated that he prefers not to construct the improvements because he would rather invest the money in other aspects of the business. He stated he was unaware this was an option, but they were open to discussing it. Council Member Chandler agreed that the sidewalks look adequate; however, they are not compliant. He suggested to the Creels that their argument may more likely be with their contractor, Matt McCarty, and not the City. He expressed support for the solution of a deferral. David Miraflor stated he has known the Creels for over 15 years and that he asked his certified access specialist to verify different conditions in Lodi with a device that checks the rise and percentage of sidewalks. Out of 30 ramps and driveways for commercial facilities, only 8 percent complied. He stated the new Wal-Mart driveway is compliant, but the driveway approach at Hutchins Street Square is 12 percent and the City should take care of its own locations. He stated he has a list of sites that were assessed. With regard to the estimated value of construction, he stated that the $17,000 estimate from Public Works is just for City property; however, the transition onto the Creel property is valued at another $10,000 to $12,000, which will exceed the 20 percent maximum value. Mr. Miraflor stated he believes the Creels will generate positive revenue for the City, but if the City is adamant about them completing these public improvements, it will be questionable whether they want to move forward with other jobs in the City. He suggested the City compromise and split the difference because the City is imposing an unreasonable hardship on the Creels. Spencer Dayton stated he has two disabilities - one for hearing and one relating to his foot - and that ADA rules were enacted to protect those with disabilities. He stated his family owns a business and also had to make changes to comply with ADA regulations, however he understands the City's concern about potential lawsuits. Mr. Dayton stated he believes that, if a business is not ready to be ADA compliant, it should not be in business. He understands the 8 Creels' predicament, but it is the law, the contractor knew about it and informed the owners, and projects should not continue to slip by simply because others have in the past. There being no further public comments, Mayor Kuehne closed the public hearing. City Manager Schwabauer stated that the City is aware of offsets that do not comply with ADA requirements and that, when the City rebuilds a facility or does a project that meets the guidelines, it will construct public improvements triggered by the ordinance. Council Member Mounce shared a personal story of her cousin who was in a wheelchair before she passed away and that, although ADA compliance is extremely important to her, so is the balance between being ADA compliant and what a property owner can afford. She further pointed out that any lawsuit would be against the Creels, as the owner of the driveway, and not the City. MOTION #1: Council Member Mounce made a motion, second by Council Member Chandler, to negotiate an agreement requiring the Creels to install one driveway within two years and the other two every six months thereafter. DISCUSSION: Mr. Schwabauer stated that it may be less expensive for the property owner to do a deferral agreement to put in all three sidewalks at one time instead of three separate times and suggested giving them a window of time to install all three. Council Member Johnson requested clarification on the motion that the first sidewalk would be within two years, the next in six months, and the third in another six months, for a total of three years. Council Member Mounce confirmed, explaining they can follow that schedule or put in all three in two years. Mr. Swimley reiterated there is a charge of $2,079 for a deferral improvement agreement and stated Council can opt to waive the fee; however, staff cannot as it tries to be consistent across the board with all who request the document. Council Member Mounce amended her motion that the deferral agreement charge be deferred until the first driveway is installed. Mayor Kuehne asked if the Creels were interested in the proposal, to which Ms. Creel stated she was unprepared to make a decision at the moment. Council Member Johnson stated he would not support the motion as it stands but would support a maximum two-year deferral for all of the sidewalks. VOTE: The above motion failed by the following vote: Ayes: Council Member Chandler and Council Member Mounce Noes: Council Member Johnson and Mayor Kuehne Absent: Mayor Pro Tempore Nakanishi MOTION #2 Council Member Johnson made a motion, second by Mayor Kuehne, to offer a deferral improvement agreement to the owners of Wild Horses, Sheyla and Jim Creel, for a maximum two-year period to correct the issue of the driveways at 1045 South Cherokee Lane and to defer the deferral improvement agreement fee until such time as the driveways are installed. VOTE: The above motion carried by the following vote: 9 Ayes: Council Member Chandler, Council Member Johnson, and Mayor Kuehne Noes: Council Member Mounce Absent: Mayor Pro Tempore Nakanishi RECESS At 8:35 p.m., Mayor Kuehne called for a recess, and the City Council meeting reconvened at 8:43 p.m. G-3 Public Hearing to Consider Introducing Ordinance Reducing the Low -Density Residential Growth Management Allocations Currently Available in the Growth Management Program (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 Kuehne called for the public hearing to consider introducing an ordinance reducing the Low -Density Residential Growth Management Allocations currently available in the Growth Management Program. City Planner Craig Hoffman provided a PowerPoint presentation regarding Growth Management Allocations. Specific topics of discussion included Growth Management Allocation for 2016, current allocations for 2013 to 2017, potential remaining allocations in City limits, Growth Management Allocation for 2017, and recommendation for 2017. Council Member Mounce thanked staff for bringing this matter forward because, although she would prefer to eliminate more allocations, this amount brings it back to a reasonable level. Mr. Hoffman confirmed that across all of the designations there are 2,365 growth management allocations and that the 2,200 available allocations in low-density allows some flexibility and an opportunity to come back on a yearly basis to fine-tune the number. Council Member Mounce expressed support for reviewing the allocations on an annual basis. Mayor Kuehne opened the public hearing for public comment. Dennis Bennett thanked the City for allowing the building community to work with staff throughout this process, adding that the 2 percent growth rate works well because of staff and the development community. Further, Mr. Bennett thanked Council for taking a stand against AB199, which was acted upon under C-10, because calculations estimate this bill could add a minimum $0.37 per square foot to the cost of building a home. This bill will have a negative effect on cities providing affordable housing, and he hopes all cities will voice their opposition to AB199. Council Member Mounce stated she serves as the League of California Cities President and reported there are over 1,100 bills going through the State that will effect land use and housing costs. She stated cities need to start fighting this at the State level or they will lose local control, which will negatively effect the development industry. She recognized the originators of the 2 percent growth rate issue for their vision in ensuring Lodi remains a great community. There being no further public comments, Mayor Kuehne closed the public hearing. Council Member Mounce made a motion, second by Council Member Chandler, to introduce Ordinance No. 1939 reducing the Low -Density Residential Growth Management Allocations currently available in the Growth Management Program. 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 10 G-4 Public Hearing to Receive Input and Consider Adopting Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5); and Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5) (PW) Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Kuehne called for the public hearing to receive input and consider adopting resolution calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5); and resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5); and introducing an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5). Public Works Director Charlie Swimley provided a PowerPoint presentation regarding Community Facilities District No. 2007-1 (Public Services) Annexation No. 5. Specific topics of discussion included Annexation No. 5 map and recommended action. Mayor Kuehne opened the public hearing for public comment. There being no public comments, Mayor Kuehne closed the public hearing. Council Member Mounce explained that new projects are annexed into the Community Facilities District so that street, curb, gutter, and sidewalk repairs for the project are covered in a special tax that is paid solely by the homeowners in that particular development. She stated the City does not receive the benefit because the homeowners pay for the service with the tax. Council Member Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-57 calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5). 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 Council Member Johnson made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-58 declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5). 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 Council Member Chandler made a motion, second by Council Member Johnson, to introduce uncodified Ordinance No. 1940 levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 5). 11 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 Appointments to the Personnel Board of Review, Lodi Senior Citizens Commission, and Recreation Commission; and Post for Expiring Terms on the Greater Lodi Area Youth Commission (CLK) Council Member Mounce made a motion, second by Council Member Johnson, to make the following appointments and direct the City Clerk to post for the following vacancies: APPOINTMENTS: Personnel Board of Review Ernie Bender, term to expire January 1, 2020 Elliott Grauman, term to expire January 1, 2020 Richard Vasquez, term to expire January 1, 2020 Lodi Senior Citizens Commission Susan Crosby, term to expire December 31, 2020 Recreation Commission William Mitchell, term to expire December 31, 2018 POSTING: Greater Lodi Area Youth Commission Student Appointees: Christopher Anaforian, term to expire May 31, 2017 John Rowlands, term to expire May 31, 2017 Dominic Duran, term to expire May 31, 2017 Hope Lorentzen, term to expire May 31, 2017 Adult Advisors: Nicole Grauman, term to expire May 31, 2017 Jennifer Phillips -Lorentzen, term to expire May 31, 2017 Vacancy, term to expire May 31, 2018 H-2 Consider Appointing City Council Primary and Alternate Board Members to the Eastern San Joaquin Groundwater Authority (CLK) City Clerk Ferraiolo provided a presentation regarding appointment of primary and alternate board members to the Eastern San Joaquin Groundwater Authority. Council Member Mounce made a motion, second by Mayor Kuehne, to appoint Mayor Pro Tempore Nakanishi as the Primary Board Member to the Eastern San Joaquin Groundwater Authority. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, and Mayor Kuehne 12 Noes: None Absent: Mayor Pro Tempore Nakanishi Council Member Mounce made a motion, second by Council Member Chandler, to appoint the Public Works Director, or his designee, as the Alternate Board Member to the Eastern San Joaquin Groundwater Authority. 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 1. Regular Calendar 1-1 Adopt Resolution Approving Salary Adjustment for Senior Electrical Engineering Technician Classification (CM) Human Resources Manger Adele Post provided a presentation regarding the salary adjustment for the Senior Electrical Engineering Technician classification. Specific topics of discussion included challenges in recruiting the position over the last 12 months; highly competitive position and specialized, unique skill set; marketing attempts in journals and websites; salary review and analysis; recommendation to increase salary by 8 percent, which is a differential of $15,000; no impact issues or gaps with salaries at higher levels; and two impacted positions. In response to Council Member Mounce, Engineering & Operations Manager Jay Marchesseault stated that an Electrical Engineer has been absorbing the work since the vacancy; however, the increase in development has caused this individual's primary responsibilities to go unaddressed. Council Member Johnson made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-59 approving salary adjustment for Senior Electrical Engineering Technician classification. 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 J. Ordinances - None K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 9:08 p.m., in memory of Ed DeBenedetti, former Parks and Recreation Director, who passed away on March 27, 2017. ATTEST: Jennifer M. Ferraiolo City Clerk 13