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HomeMy WebLinkAboutMinutes - May 3, 2017LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, MAY 3, 2017 C-1 Call to Order / Roll Call — N/A 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 May 3, 2017, was called to order by Mayor Pro Tempore Nakanishi at 7:02 p.m. Present: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: None Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo NOTE: Mayor Kuehne participated in the meeting via teleconference. B. Presentations NOTE: The following presentations were given out of order. B-2 Bike Month and Bike to Work Day Proclamation (PW) Mayor Pro Tempore Nakanishi presented a proclamation to Jeff Pell of Bike Lodi and Kari McNickle of San Joaquin Council of Governments/Dibs and San Joaquin Bike Coalition proclaiming May 2017 as Bike Month and May 25, 2017, as Bike to Work Week in Lodi. Ms. McNickle announced there will be a bike valet at the Farmers Markets and $3,000 worth of prizes given away during Bike Month, including an Apple watch, bicycle, bicycle lights, and sunglasses. She encouraged those interested to visit www.dibsmyway.com. Mr. Bell thanked Council and encouraged the public to ride their bicycles during the month of May. B-1 National Public Works Week Proclamation (PW) Mayor Pro Tempore Nakanishi presented a proclamation to Utilities Superintendent Andrew Richle proclaiming May 21-27, 2017, as National Public Works Week in Lodi. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Mounce made a motion, second by Council Member Chandler, 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, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None 1 C-1 Receive Register of Claims in the Amount of $3,959,047.34 (FIN) Claims were approved in the amount of $3,959,047.34. C-2 Approve Minutes (CLK) The minutes of April 4, 2017 (Shirtsleeve Session), April 4, 2017 (Special Meeting), April 5, 2017 (Regular Meeting), April 11, 2017 (Shirtsleeve Session), and April 18, 2017 (Shirtsleeve Session) were approved as written. C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for 2017-2019 Fence Repair Program (PW) This item was pulled from the agenda pursuant to staffs request. C-4 Approve Specifications and Authorize Advertisement for Bids for Powerline Clearing/Vegetation Management Program Services (EU) Approved specifications and authorized advertisement for bids for Powerline ClearingNegetation Management Program Services. C-5 Adopt Resolution Awarding Bid for Purchase of Fiber Optic Cable from AFL Global, of Petaluma ($31,304.89) (EU) Adopted Resolution No. 2017-76 awarding bid for purchase of fiber optic cable from AFL Global, of Petaluma, in the amount of $31,304.89. C-6 Adopt Resolution Awarding Bids for Purchase of 59 Transformers from Howard Industries, of Laurel, Mississippi ($139,562.11) and 85 Transformers from Anixter, of Benicia ($212,123.14) (EU) Adopted Resolution No. 2017-77 awarding bids for purchase of 59 transformers from Howard Industries, of Laurel, Mississippi, in the amount of $139,562.11, and 85 transformers from Anixter, of Benicia, in the amount of $212,123.14. C-7 Adopt Resolution Approving Purchase of Dell Network Switches from DSA Technologies, of Elk Grove ($57,037.64) (CM) Adopted Resolution No. 2017-78 approving purchase of Dell network switches from DSA Technologies, of Elk Grove, in the amount of $57,037.64. C-8 Adopt Resolution Awarding Contract for 2017 Pavement Crack Sealing to Graham Contractors, Inc., of San Jose ($54,790) (PW) Adopted Resolution No. 2017-79 awarding contract for 2017 Pavement Crack Sealing to Graham Contractors, Inc., of San Jose, in the amount of $54,790. C-9 Adopt Resolution Authorizing Public Works Director to Execute Contract Extension to 2016/17 Landscape Maintenance Contract with Odyssey Landscaping Company, Inc., of Lodi, Including Consumer Price Index Adjustments ($195,251) (PW) Adopted Resolution No. 2017-80 authorizing the Public Works Director to execute contract extension to 2016/17 Landscape Maintenance Contract with Odyssey Landscaping Company, Inc., of Lodi, including Consumer Price Index adjustments, in the amount of $195,251. C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with MV Transportation, Inc., of Dallas, Texas, for Transit Operation Services ($9,690,000) (PW) 2 This item was pulled from the Consent Calendar by Council Member Mounce for a separate vote. Council Member Chandler made a motion, second by Council Member Johnson, to adopt Resolution No. 2017-83 authorizing the City Manager to execute a Professional Services Agreement with MV Transportation, Inc., of Dallas, Texas, for Transit Operation Services in the amount of $9,690,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: Council Member Mounce Absent: None C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with ICR Refrigeration, Inc., of Lodi, for City Facilities Heating, Ventilation, and Air Conditioning Maintenance Services ($100,000) (PW) Adopted Resolution No. 2017-81 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with ICR Refrigeration, Inc., of Lodi, for City Facilities Heating, Ventilation, and Air Conditioning Maintenance Services, in the amount of $100,000. C-12 Adopt Resolution Authorizing City Manager to Execute Task Order No. 42 with West Yost Associates, Inc., of Davis, for White Slough Water Pollution Control Facility 2017 Irrigation System Improvements ($64,680) (PW) This item was pulled from the Consent Calendar by Council Member Mounce for a separate vote. Council Member Johnson made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-84 authorizing the City Manager to execute Task Order No. 42 with West Yost Associates, Inc., of Davis, for White Slough Water Pollution Control Facility 2017 Irrigation System Improvements, in the amount of $64,680. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: Council Member Mounce Absent: None C-13 Adopt Resolution Authorizing City Manager to Execute Memorandum of Understanding for Fire Training Facility Use between City of Lodi and City of Stockton (FD) This item was pulled from the Consent Calendar at the request of Council Member Johnson for discussion purposes. Council Member Johnson suggested an annual contract instead of returning to Council each time the Fire Department needs to utilize the City of Stockton's training facility. Fire Chief Larry Rooney explained that the training facility is needed for the recruitment academy and the contract indemnifies both parties for sharing equipment and the facility. He stated he requested a master agreement covering a three- to five-year term, but the request has gone unfulfilled. Because it is urgent to get the academy started, staff brought the short-term agreement forward for approval. City Attorney Magdich confirmed that she and the Fire Chief are continuing to work with Stockton on a long-term agreement. Council Member Johnson made a motion, second by Council Member Mounce, to adopt Resolution No. 2017-85 authorizing the City Manager to execute Memorandum of Understanding for fire training facility use between City of Lodi and City of Stockton. 3 C-14 Adopt Resolution Authorizing Appropriation Adjustment for the Library Children's Area Expansion Project ($11,509) (PW) Adopted Resolution No. 2017-82 authorizing appropriation adjustment for the Library Children's Area Expansion Project, in the amount of $11,509. C-15 Authorize Mayor to Sign U.S. Conference of Mayors Letter to Congress in Support of the Community Development Block Grant Program (CLK) Authorized the Mayor to sign U.S. Conference of Mayors letter to Congress in support of the Community Development Block Grant Program. 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. Spencer Dayton thanked Council for listening to his concerns at Council meetings and for encouraging citizens to come forward on issues, as well as the City Manager and staff for the work they do. Sara Ramirez, with the assistance of a translator, submitted a petition (filed) regarding the condition of the pavement on Oak Street and in the alley. She stated she has complained to Public Works many times, but the solution was to apply asphalt to the potholes, which was done twice in the past two years. Ms. Ramirez stated the alley is deteriorating and it floods when it rains, which damages cars and causes difficulties for handicapped individuals. She encouraged Council to take care of the problem once and for all, adding that she and her neighbors pay taxes and are hoping the situation is corrected. In response to City Manager Schwabauer, Ms. Ramirez stated the entire area is problematic; however, the worst section is between Garfield Street and Cherokee Lane. In response to Council Member Mounce, Public Works Director Charlie Swimley stated this alley is included in Phase 8 of the Water Meter Program. In addition to this alley, there are two other problematic alleys in Phase 8, and staffs goal is to maintain them as best it can until Phase 8 begins because, at that point, they will be completely repaved. He stated it would not be prudent to spend money fixing them now, only to tear them up during the course of the Water Meter Program. Council Member Mounce stated Lodi should receive an additional $1.5 million in road repair funding next year and questioned if it is possible to do something now because some of the alleys are in extremely poor condition. Mr. Swimley stated Public Works is trying to be as responsive as it can and he is hesitant to invest a significant amount of money on something that will be destroyed in a short period of time. He suggested the neighbors contact Public Works each time there is a problem so the Department can temporarily resolve the issue until it is rectified with Phase 8. Mr. Swimley stated Phase 8 should commence around this time next year. Mayor Pro Tempore Nakanishi assured Ms. Ramirez that Public Works staff will contact her regarding the matter. E. Comments by the City Council Members on Non -Agenda Items Council Member Johnson commented on the March Shirtsleeve Session at which Waste Management gave a presentation on recycling and its program to fine, and ultimately cease trash 4 pick up from, those who are not in compliance. He stated people are extremely upset that they could lose their trash can, especially on the heels of a solid waste rate increase. He stated the meeting discussion started with Assembly Bill 341, the mandate on commercial recycling for commercial business, and moved onto residential recycling and what goes into the cans and what does not. He suggested Waste Management return to Council to discuss the matter further. City Attorney Magdich stated that California is mandated under law to meet diversion requirements for recyclables; however, feedback from the community is there is confusion over what goes into which bin. She agreed that it may be helpful to have Waste Management further explain the outstanding questions. Council Member Mounce reported that she recently attended the League of California Cities Legislative Action Days in Sacramento where elected officials had an opportunity to encourage legislators to stay out of cities' business, pockets, and land issues. Governor Brown also spoke at the event and recognized Lodi. Further, she reported that she participated in the Love Lodi event on Saturday, which has done tremendous work and expressed great care for the community. Finally, she encouraged neighborhoods to form Neighborhood Watch groups, which could help with safety, blight, and neighborhood improvements. She invited Volunteer & Crime Prevention Coordinator Chet Somera to the podium to discuss the upcoming National Night Out event and how residents can form groups. Chet Somera reported that National Night Out is coming up in August and there are typically 80 neighborhoods that host block parties during the event. He stated the Heritage District is lacking Neighborhood Watch groups and encouraged citizens from the east side of town to join the program or form groups. Mr. Somera encouraged anyone interested to contact him at 209-333-6864. He added that Neighborhood Watch groups have other options available, such as the Nextdoor application and the "Ring" video doorbell product. Mayor Pro Tempore Nakanishi agreed with the suggestion of bringing Waste Management back to Council to further discuss the recycling program because citizens are afraid of the fines and penalties. City Manager Schwabauer stated that his wife expressed concern about the flier from Waste Management because she feared they could lose their garbage can if she recycled improperly. Waste Management reports that 60 percent of recycling containers and 60 percent of green waste containers is filled with trash and not the proper recyclable materials. Waste Management is not going after citizens who have four or five plastic bags in their recycling container. Waste Management received a "watch list" notice from the State that Lodi was not meeting the recycling mandate; however, the refuse company is not seeking 100 percent perfection. Rather, it is seeking a result better than 60 percent. Waste Management is attempting to get the message out to those who are abusing the system by filling recycling and green waste containers with trash in order to get the cheapest rate for the smallest trash can. The company is not going after citizens who discard a wrong item from time to time. Council Member Johnson pointed out that Waste Management, just like other collectors, makes money off of recycling because they have a conveyor processing line for sorting trash and it is in their interest to have residents clean up their acts when it comes to recycling. He reiterated there is too much confusion over this program and it should be explored further. Mayor Kuehne thanked Council Member Mounce for participating in Love Lodi. He reported the event had 1,000 volunteers working that day on various projects, each one for an average of three hours a day. He applauded the citizens of Lodi for giving their time for the event and to Lodi. He reminded the public that the Peace Walk is on Saturday, May 6, 2017. Mayor Kuehne stated he was currently in Washington, D.C., at the San Joaquin Council of Governments One Voice trip to lobby for County needs such as the landing gear instrumentation for the Stockton Metropolitan Airport, the 2017 and 2018 infrastructure package, and issues relating to the Port of Stockton. He further thanked Mayor Pro Tempore Nakanishi for handling the meeting while he was in Washington, D.C. 5 F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings G-1 Public Hearing to Consider Adopting Resolution Approving 2017/18 Draft Annual Action Plan for the Community Development Block Grant 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 Pro Tempore Nakanishi called for the public hearing to consider adopting resolution approving 2017/18 Draft Annual Action Plan for the Community Development Block Grant (CDBG) Program. Community Services Manager Joseph Wood provided a PowerPoint presentation regarding the Draft Annual Action Plan for the CDBG Program. Specific topics of discussion included primary goals of the Action Plan; consolidated plan; review and evaluation of goals; process; funding; applications; allocation; funding requests; total requests and overage; executive summary and citizen participation process; annual goals and objectives; funding recommendations; contingency plan - funding priorities; and final Action Plan document. Council Member Mounce congratulated Mr. Wood on the Tienda Drive Senior Housing Project, for his effort in seeing the project come to fruition, and for hand -delivering the application to the State. She stated there are hundreds of bills at the State capitol that address affordable housing and requested any stories or pictures Mr. Wood may have that could encourage the State to create a worthwhile affordable housing package. Council Member Johnson stated that, during the recession, San Joaquin County cut its participation in the Meals on Wheels Program at the LOEL Center and questioned if all, or partial, funding was ever restored. Loris Bakken, vice chair of the LOEL Foundation Board, confirmed that the County was once a significant partner in the program, but since that time, LOEL has completely taken over the program, which is funded privately and through CDBG funds; there is no County participation. Mayor Kuehne reported there is discussion on Capitol Hill that CDBG and HOME funding will be fully funded in Fiscal Year 2017, although it is uncertain for Fiscal Year 2018. Mayor Pro Tempore Nakanishi opened the public hearing for public comment. Bob DiRocco stated he has general questions regarding CDBG funding, but he will submit those later as there is additional time before the Plan is finalized. City Manager Schwabauer confirmed the public process will be open for 30 days. Julie Jensen spoke in opposition to funding the 180 Teen Center on behalf of those in support of separation of church and state, adding that the Center is referred to as a teen outreach ministry that allows the organization to spread the word of the gospel. She stated that she understands an organization receiving funds can be religious, but it must be secular in nature. In this case, the 180 Teen Center promotes religion in every aspect, including its job desk that makes Jesus Christ real and relevant to young people, application references to ministry, discrimination against non- religious volunteers, religious paintings in the Center, and band requirements to align with the goal of glorifying God. She stated this grant will provide outdoor lighting for bands and lighting in general, yet the Center closes daily at 5:30 p.m. Ms. Jensen stated she believes there are parks and other organizations, such as the Grace and Mercy Charitable Foundation, that have a greater need for funding and she wondered whether minority teenagers will feel welcome at the 180 Teen Center. She further stated she believes the funding for signage, lighting, and a walkway will ultimately be used for evening worship. Ms. Jensen stated the City Council is entrusted to be stewards of CDBG funding and suggested the 180 Teen Center be funded by private sources instead. 6 In response to Mayor Pro Tempore Nakanishi, City Attorney Magdich stated she was unfamiliar with the Teen Center or Department of Housing and Urban Development rules and would look into the matter before it comes back for the final hearing. Peter Rosado, representing the 2017 Leadership Lodi class, reported the group selected the 180 Teen Center as its project because of its service to the community of helping teens and at -risk youth. He stated he was the architect of the proposed design and that the purpose is to liven up the neutral, brown building; create a colorful space for the kids; and give the building a face-lift. The lighting provides safety for children who wait outside in the dark for programs to start or for rides to pick them up and addresses accessibility issues. Mr. Rosado believed this was an investment in the community and an improvement to the area. Meredith Baker with Community Partnership for Families (CPF) thanked Council, the community, Mr. Wood, Ruben Guardiola who serves as the Youth Outreach worker, and the CDBG Program for a fine partnership and for making the Family Resource Center and its programs a success. She also thanked the California Human Development Department, Hutchins Street Square, Lodi Police Department, and Twin Arbors Athletic Club for their collaborative support and assistance. Ms. Baker provided a handout (filed) regarding the Family Resource Center and Youth Program, what it provides, measurable outcomes, and questionnaire results. She stated there has been a measurable increase in social factors and personal resilience from program participants and shared some of the data in the handout. Lindsay Graziani with CPF demonstrated the connection between deteriorating alleys, the money it takes to repair damaged tires, limitations of handicapped individuals, and how these troubles take away from families. CPF holds farmworker meetings, which is a precursor to getting involved in the Lodi Improvement Committee, which then leads to voicing concerns at public hearings. She thanked Council for listening because it helps them feel further connected to the community. The Lodi Gang Reduction, Intervention, and Prevention Program provides follow up with groups identified as falling in with gangs and provides programs each week, and CDBG is instrumental in making the programs happen. Davin Lozano, participant in the Leadership Lodi class, stated he feels strongly about helping the youth of this community regardless of religion or race. He respects the opinion of the earlier speaker; however, the issue at hand is the safety of kids who participate in 180 Teen Center programs because they are often in front of the facility waiting to get inside or to be picked up by parents. Occasionally, gang members have pulled guns on the teens waiting in front of the building, and during winter, the security cameras cannot capture images because it is too dark. Mr. Lozano asked that Council set aside issues relating to church, religion, and politics because the real issue is the safety of youth. In response to Council Member Chandler, Ms. Baker stated that CPF has operated under its current program model for five years and has been in Lodi for a year and a half. She stated that many of the kids strive to emulate mentors such as Mr. Wood, Mr. Guardiola, and the case manager from San Joaquin County Behavioral Health who now works at CPF. Council Member Chandler questioned if CPF had any outcomes of participants who finished high school or went to college after completing the program. Ms. Graziani shared the experience of a recent participant who graduated from Liberty High School, had a tattoo removed, was awarded a scholarship, and is now in her second term at San Joaquin Delta College for her pre -nursing certificate. Pat Patrick, President of the Lodi District Chamber of Commerce, stated he served on the founding executive board of CPF and thanked Mr. Wood and the City Council for funding organizations such as Salvation Army, Grace and Mercy, and the 180 Teen Center because they have the most acute need in Lodi. He encouraged Council Members to speak with Alison McGregor, Executive Director of the 180 Teen Center, about the programs, some of which are religious in nature, and to the Police Department on what she has done to remove guns from the streets and gang members. Mr. Patrick stated he believes she is saving the lives of children who have the potential to head in the wrong direction in life. He further pointed to the Salvation Army and the funding it received, not for being a ministry but for all the good it does, including its 7 culinary program, which has successfully put chefs in some of Lodi's finer restaurants. There being no further public comments, Mayor Pro Tempore Nakanishi closed the public hearing. Mr. Schwabauer confirmed that the action requested is to open the hearing and accept the draft Action Plan. Council Member Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2017-86 approving 2017/18 Draft Annual Action Plan for the Community Development Block Grant Program. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None H. Communications H-1 Post for Expiring Terms on Library Board of Trustees, Lodi Arts Commission, and Planning Commission (CLK) Council Member Chandler made a motion, second by Council Member Johnson, to direct the City Clerk to post for the following vacancies: Library Board of Trustees Charlene Martin, term to expire June 30, 2017 Lodi Arts Commission Catherine Metcalf, term to expire July 1, 2017 Edward Casillas, term to expire July 1, 2017 Planning Commission Mitchell Slater, term to expire June 30, 2017 Debbie Olson, term to expire June 30, 2017 VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None 1. Regular Calendar 1-1 PG&E Northern San Joaquin Power Connect Update (EU) Dylan George with PG&E provided a PowerPoint presentation regarding the Northern San Joaquin Power Connect. Specific topics of discussion included scope of project, public outreach, current status, and next steps. Mr. George distributed an excerpt from the 2016-2017 California Independent System Operator (Cal -ISO) Transmission Plan, which reports the Lockeford-Lodi area 230 kV development project, one of four projects, is on hold until Cal -ISO completes its review. He stated Cal -ISO could change the project by minimizing it or cancelling it altogether. He added there were 13 other projects recommended for cancellation. Cal -ISO conducts this update every year, and there should be some word on the status of the project in the beginning of next year, if not sooner. Mr. George stated that PG&E has ceased outreach at this point, but will resume efforts once Cal -ISO gives the go-ahead. 8 In response to Council Member Chandler, Mr. George stated there could be a number of reasons for Cal -ISO to determine a project is no longer necessary, including the changes in electricity needs, proliferation of rooftop solar, and efficiency measures, adding that the load forecast today is not what it was ten years ago. He stated Cal -ISO's job is to look into the future and forecast the needs, which is likely the reason behind cancelling 13 projects and putting four on hold. In further response, Mr. George stated the report made no mention of regionalization and whether that played a part in changing the direction of some of the projects. Pat Patrick, President of the Lodi District Chamber of Commerce, reminded the public that a former gas pipeline project from the Lodi airport to East Bay was contentious at the time, but it was ultimately resolved. Many of the property owners, businesses, grape growers, and orchard owners are upset with this project because it encroaches upon their business or takes acreage, which diminishes crop yields, decreases property values, or clutters a view with unattractive power lines. The Chamber and agribusiness community formed a coalition from all aspects of Lodi to determine the best possible route with the least impact visually and fiscally. Although that goal may be challenging, Mr. Patrick believed a solution will arise if everyone partners together, including PG&E, and is ready to move forward should the project be approved. Council Member Chandler stated there seems to be agreement among the involved parties that the tower design is more attractive and desired, to which Mr. George agreed, adding that the old lattice towers take up a greater footprint. There was no Council action necessary on this item. RECESS At 8:53 p.m., Mayor Pro Tempore Nakanishi called for a recess, and the City Council meeting reconvened at 9:01 p.m. 1-2 Introduce Ordinance Amending Lodi Municipal Code Chapter 15.56 — Alarm Systems and Permits — by Repealing and Re -Enacting Chapter 15.56 — Alarm Systems and Permits — in Its Entirety (PD) Police Captain David Griffin provided a presentation regarding amending Lodi Municipal Code Chapter 15.56 - Alarm Systems and Permits - by repealing and re-enacting Chapter 15.56 - Alarm Systems and Permits - in its entirety. Specific topics of discussion included current alarm ordinance overview, false alarms by year, 2016 cost of false alarm response by Police Department, new alarm ordinance goals, and revised alarm ordinance. In response to Council Member Mounce, Captain Griffin stated that Lodi Police Partners will take the lead on alarm permits and confirmed that its office is open weekdays from 8 a.m. to 3 p.m., but the Department can also do permits in the lobby and mail applications in order to best work with citizens. Council Member Mounce stated her neighbor, who has a permanent alarm permit, has an unmonitored, battery-operated alarm on the garage and questioned how those types of systems will be effected by the ordinance changes. Captain Griffin stated they will still be required to fill out an application. If a resident does not have a permit prior to filling out the application, there will be a fee; however, those who previously had a permit will be required to complete the application in order to update their information, but no fee will be assessed. Captain Griffin stated the purpose of requiring updated applications is so the Police Department has the latest information necessary when responding to alarm calls. Council Member Johnson questioned if the City can track commercial and small business ownership, which tends to change more rapidly than residential ownership, and suggested utilizing another department, such as Community Development, for notification of when a business changes owners. Captain Griffin stated he was uncertain if there was a method, but the ordinance will require that a new application be submitted immediately upon change of 9 ownership. Fire Marshal Brad DoeIl stated the Fire Department has access to emergency contact cards through the Building Department for all commercial tenants and property owners that follow the rule of completing the required form. Chris Gutierrez questioned if the Police Department has statistical information on the number of permits for businesses versus homeowners, to which Captain Griffin replied in the negative. Mayor Kuehne made a motion, second by Council Member Chandler, to introduce Ordinance No. 1942 amending Lodi Municipal Code Chapter 15.56 - Alarm Systems and Permits - by repealing and re-enacting Chapter 15.56 - Alarm Systems and Permits - in its entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None 1-3 Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare — by Amending Section 9.12.010, "Discharge of Weapons and Fireworks — Fires," and by Repealing and Re -Enacting Chapter 9.13, "Sale of Fireworks," in Its Entirety (CA) City Attorney Magdich provided a presentation on amending Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare - by amending Section 9.12.010, "Discharge of Weapons and Fireworks - Fires," and by repealing and re-enacting Chapter 9.13, "Sale of Fireworks," in its entirety. Specific topics of discussion included original ordinance enacted in 2013; Shirtsleeve Session presentation on January 24, 2017; public complaints of use of fireworks in the City limits; safe and sane fireworks; and ordinance amendments conforming to State law regarding citation procedures. Ms. Magdich summarized Council's direction at the Shirtsleeve Session to continue the sale of safe and sane fireworks but restricting discharge of fireworks to July 4 only from 9 a.m. to 11 p.m. instead of June 28 at noon until July 4 at 11 p.m. In addition, the Fire Marshal suggests that, since the fireworks lottery already occurred for this year's Fourth of July and non-profit organizations were unaware of this potential change, the restriction take effect January 1, 2018, for next year's Fourth of July. Ms. Magdich explained the additional amendments in the ordinance, which conform with California law, including allowing individuals 16 years or older to purchase and possess fireworks instead of 18; allowing administrative and criminal citations of 25 pounds or less of dangerous fireworks that can be prosecuted by the City Attorneys office; allowing the recovery of cost for transporting, handling, and storing dangerous fireworks; and adding a third -party administrative citation procedure. Ms. Magdich stated that Dennis Revell with Revell Communications expressed concerns in his Blue Sheet letter (filed) and she responded to each: social host liability -- staff proposes adding the language "responsible party" to the ordinance, the definition of which has been successfully enforced by local courts in the past; phone applications -- because the "Nail'em" phone application is still in the experimental development phase and does not adequately establish location of the fireworks discharge to identify suspects, staff proposes not participating in the program at this time; and timeframe restriction -- Council previously directed staff to craft an ordinance restricting the time for selling legal fireworks, but Council has the final decision on whether to retain the original timeframe or adjust it in any way. In response to Council Member Chandler, Ms. Magdich stated the definition of "responsible person" includes anyone in control of a property, which includes the tenant unless the landlord receives a notice of action regarding the tenant on the property. The landlord, or property owner, is not exempt, but the defense is there was no knowledge of a violation. Mayor Kuehne stated he recognizes the State reduced the age to 16 for purchasing and possessing fireworks, and questioned if the City must follow suite because he felt 16 was too young, to which Ms. Magdich responded that the City must comply with State law and not be more restrictive. 10 Dennis Revell provided his background, stating he assisted in drafting the original ordinance, which was passed in 2011 and amended in 2013; was responsible for the administrative fine language incorporated in the ordinance; and wrote the model ordinance referred to by the City Attorney for the State Fire Marshal. Mr. Revell distributed a handout (filed) regarding background of safe and sane fireworks in Lodi. Specific topics included the problem of illegal fireworks; why illegal fireworks are so bad; community concerns about illegal fireworks; and the Fire Department's request for assistance in crafting an ordinance. Mr. Revell stated that he is working with Tim Cromartie with the League of California Cities to craft a budget trailer bill that would include disposal costs and enforcement solutions. He stated he supports the third -party complaint process and the collection of disposal, transportation, and storage costs; however, he stated he believes the ordinance does not include the following components: 1) social host provisions to make it clear who the responsible party is; 2) language holding parents jointly and severably liable for violations; and 3) participation in the "Nail'em" reporting application. Mr. Revell stated he disagrees with the age restriction, adding that he believes cities can be more restrictive than State law. He further disagreed with the discharge restriction, adding that 99 percent of communities that allow State -approved fireworks allow residents to discharge legal fireworks for several days leading up to the Fourth of July. In response to Council Member Mounce, Mr. Revell stated that 296 cities in the State allow safe and sane fireworks. In response to Mayor Pro Tempore Nakanishi, Mr. Revell stated there are California cities that do not allow safe and sane fireworks and that since 1996 no city has successfully reversed its fireworks ordinance. Mr. Revell further pointed out that the "Nail'em" application has been tested and will be launched next week. The application determines locations through geographical positioning system and identifies the perpetrator if known. The City of Manteca used the application and had an issue with receiving reports; however, once corrected, the City issued 34 citations from the 154 reports, many of which came from police officers on patrol, and took in $1,000 in fines. Mr. Revell stated he believes State -approved fireworks are not the problem in Lodi or in any other community and that citizens should have the flexibility to celebrate the Fourth on a convenient time and day of the week that fits with work and travel schedules. He stated he prepares a report (sample filed) for agencies across the State on a weekly basis summarizing the social media activity on the sale of illegal fireworks, which stretches the entire year; not solely around the Fourth of July. Wendel Kiser spoke on behalf of the Oddfellows, which is fundraising for fireworks this year, and requested the timeframe not be restricted to only the Fourth of July because it will reduce the amount of money raised for charities. Further, he requested the age limit not be reduced to 16 years, adding he believes cities can supersede a law. Tony Amador stated he believes the proposed ordinance needs corrections, suggested tabling the matter for further review, and offered his assistance to work with interested parties on fine- tuning the ordinance. He expressed opposition to limiting the discharge of fireworks to one day because it limits the number of days citizens can celebrate the Fourth of July and he was further opposed to reducing the age limit from 18 to 16 years old. Tangerine Robles stated that her non-profit group was chosen twice in the past to have a fireworks booth, adding this is a significant fundraising opportunity for local non-profit organizations. She stated she believes the proposed changes will not correct the issue of illegal fireworks, which are discharged year round. She expressed opposition to allowing 16 year olds to purchase and possess fireworks, as well as restricting the timeframe for discharging fireworks, and expressed caution with the third -party language because it could pit neighbor against neighbor. Jane Lea described the quality of life issues that are impacted when fireworks are discharged year-round, including frightened animals that require veterinary assistance or calming medication; veterans suffering from Post Traumatic Stress Disorder who become nervous from the booming 11 sounds; and seniors and law-abiding citizens who must work the next day but cannot sleep due to the gun fire and exploding fireworks. Ms. Lea stated she believes the 16 -year age restriction is optional for cities and that Lodi could opt to leave the ordinance as it currently is at 18 years. Ms. Lea provided statistics on the number of emergency room visits from illegal fireworks and the increase in accidents in communities that lowered the legal age from 18 to 16. She questioned the rationale of including verbiage in the ordinance on prosecuting violators if the Police Department cannot catch perpetrators. She used the example of the City of Bakersfield that employed the use of drones to identify people shooting off guns and discharging illegal fireworks and suggested the City consider doing the same. A drone will pinpoint the time and location, which would assist the City in issuing citations, collecting fines, and deterring individuals from the illegal activity, and it can cost $10,000 to $100,000. She further pointed out the issues of toxic waste generated by fireworks, as well as the garbage left behind by attendees at the Fourth of July celebration at Lodi Lake. Pat Patrick, President of the Lodi District Chamber of Commerce, stated he believes it is wrong to punish legal businesses for the acts of an illegal business and suggested the City figure a way to make illegal fireworks users pay for the manpower it takes to enforce the law. He felt the time restriction for discharging fireworks would adversely effect non-profit organizations by significantly reducing the amount of money they will raise. City Manager Schwabauer explained the issue is not staffing to enforce fireworks violations because there is a fair amount of officers on the street during the Fourth of July. The significant problem is being able to witness a violation with enough specificity to prosecute. Additionally, the City discontinued sending firefighters on Fourth of July police patrols because the level of aggression and crowd numbers at many of the celebrations were extremely dangerous for both the firefighters and the police officers. Mr. Schwabauer stated he was intrigued with the suggestion of using drones because it would better pinpoint violators and remove exposure to officers. Mike Lusk stated he believes the increase in complaints is not from safe and sane fireworks, but from illegal fireworks. He suggested drones be used year-round, but pointed out that weather can sometimes prohibit the use of drones. He stated he believes visible patrols would cause violators to think twice about setting off illegal fireworks. Council Member Mounce stated the idea of drones is a worthwhile suggestion that should be researched and that this issue is ultimately about legal versus illegal fireworks. She stated she was opposed to the concept when the ordinance was originally adopted and since then the problem has increasingly worsened. She felt that, once legal fireworks were allowed, it opened the door for all types of fireworks because many people do not differentiate between the two. Council Member Mounce stated the Police and Fire Departments need the tools to better investigate and enforce the ordinance and it made no sense to move forward with it without such a component. She suggested it may be better to discontinue legal fireworks altogether and see the result because she felt it would likely lessen the use of illegal fireworks. Council Member Mounce expressed support for drones and stated that the City must figure a way to combat illegal fireworks because they are adversely impacting the most vulnerable in the community. Fire Marshal Brad Doell stated the current ordinance allows the City to collect up to $20,000 for enforcement on illegal fireworks, fireworks prevention, and public service announcements and that the Department is exploring the option of utilizing a drone this Fourth of July. He stated over the last 15 years he identified four to five problematic neighborhoods where illegal fireworks rival the City's show. Fire Marshal Doell stated the City Attorney did a tremendous job in strengthening the language in the proposed ordinance and empowering the community with the third -party portion to help monitor violations. Council Member Johnson expressed interest in the use of drones to identify illegal fireworks use and suggested the Police Department saturate areas identified by Fire Marshal Doell to further enforce and issue hefty fines. Fire Marshal Doell stated enforcement falls under the Police Department and the Department already increases staff to man the festival at the Lake. He described the dangerous conditions experienced when firefighters tagged along with officers, 12 explaining how unsafe it was for the officers who were trying to protect the firefighters while controlling crowds. Because it is difficult to catch illegal fireworks in the act, drones can identify illegal fireworks while they are happening and pinpoint the address. Fire Marshal DoeII stated he believes the Department will make a positive impact with drones, which can be accomplished with limited funds and reduced personnel. He stated the Department has done some research and he felt it could be accomplished at a reasonable cost. Council Member Mounce expressed support for the use of drones and stated the League is currently in the process of crafting legislation on the guidelines and use of drones. She stated that, before the City proceeds with this ordinance, it should build drone capabilities into it. Ms. Magdich concurred that legislators are currently addressing drones and drone use; however, it is not ready to roll out with this ordinance. The City would need a policy in place first. She pointed out that going forward without any amendment to the current ordinance will remove the third -party administration language, which takes away the City's tool for prosecution. In further response to Council Member Mounce, Ms. Magdich stated this verbiage will allow citizens to report violators. Mayor Kuehne stated he supports the drone concept and his preference is to maintain the legal age limit for purchase and possession of safe and sane fireworks at 18. Council Member Chandler concurred with leaving the age limit at 18 and stated he prefers to retain the third -party reporting component. He further stated he supports the drone concept, but he would like further research on the social host language in order to better protect landlords. Mayor Pro Tempore Nakanishi stated he too would like the ordinance to remain at the 18 -year age limit, rather than 16. Ms. Magdich stated she will revisit the social host liability and recommended not changing it at this time. She stated the reason for bringing the ordinance to Council now is so it can be effective this Fourth of July and this is the last meeting that meets the deadline. In response to Council Member Mounce, Ms. Magdich confirmed that the proposed ordinance is currently written for the restriction on discharging fireworks to become effective January 1, 2018, which would be next year's Fourth of July. The purpose is to not penalize the non-profit groups which were already selected in the lottery for this year's Fourth of July. Council has the ability to change the effective date and make it operative this year. Ms. Magdich stated that, although she is confident it is properly addressed in the ordinance, she will revisit the social host liability issue to see if it needs to be articulated more clearly. To date, she has successfully prosecuted two cases under the language in the ordinance. She strongly encouraged Council give staff the ability to allow for third -party administration for prosecution. In response to Mayor Pro Tempore Nakanishi and Council Member Chandler, Ms. Magdich explained that the proposed ordinance is worded that the current timeframe for discharging fireworks (i.e. beginning noon on June 28 until 11 p.m. on July 4) will expire on December 31, 2017, and the new restriction (i.e. only July 4 from 9 a.m. until 11 p.m.) would start next Fourth of July. She stated Council can change the timeframe, leave it the same, or make the proposed change effective this year. Mayor Kuehne opted for making the proposed time restriction effective this year. Council Member Mounce concurred, stating the only way to make the ordinance valuable is to make it effective immediately. She stated she would further support the ordinance if the legal age remained at 18 years of age. Ms. Magdich clarified that the proposed motion is to introduce the ordinance as presented with the exception of allowing discharge of safe and sane fireworks on July 4 from 9 a.m. to 11 p.m. beginning this year and to change the legal age back to 18. 13 Council Member Mounce made a motion, second by Council Member Chandler, to introduce Ordinance No. 1943 amending Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare - by amending Section 9.12.010, "Discharge of Weapons and Fireworks - Fires," and by repealing and re-enacting Chapter 9.13, "Sale of Fireworks," in its entirety, as presented by staff, with the exception of making the time restriction on the discharge of safe and sane fireworks effective this year and changing the legal age limit for purchasing and possessing safe and sane fireworks to 18. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: Council Member Johnson Absent: None J. Ordinances J-1 Adopt Ordinance No. 1941 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by Repealing and Re -Enacting Article III,_`Rates,' in Its Entirety (CLK) Council Member Johnson made a motion, second by Council Member Chandler, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1941 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 13.20 - Electrical Service - by Repealing and Re -Enacting Article III, 'Rates,' in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held April 19, 2017. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, and Mayor Kuehne Noes: Council Member Mounce, and Mayor Pro Tempore Nakanishi Absent: None K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 10:32 p.m., in memory of Colleen Callahan Burlington, who passed away on April 20, 2017. ATTEST: Jennifer M. Ferraiolo City Clerk 14