HomeMy WebLinkAboutMinutes - May 17, 2017LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 17, 2017
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of May 17, 2017, was cancelled.
C-2 Announcement of Closed Session
a) Prospective Sale of Real Property Located at 705 East Lodi Avenue, Lodi, California,
Known as Former Fire Station 2, Owned by the City of Lodi; APN: 043-230-06;
Government Code §54956.8 (CM)
C-3 Adjourn to Closed Session
The above matter was not discussed due to the fact that the Closed Session meeting was
cancelled.
C-4 Return to Open Session / Disclosure of Action - N/A
A. Call to Order / Roll Call
The Regular City Council meeting of May 17, 2017, was called to order by Mayor Kuehne at
7:02 p.m.
Present: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Absent: Council Member Chandler, and Council Member Mounce
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
B. Presentations
B-1 Presentation of Certificate of Recognition to Lodi Resident and Retiring U.S. Navy Yeoman
Chief Petty Officer Command Chief Mike Anthony Roman (CLK)
Mayor Kuehne presented a Certificate of Recognition to Lodi resident, Chief Yeoman
Mike Anthony Roman, who retired after 21 years of service to the U.S. Navy. Mr. Roman, who
was born and raised in Lodi, stated he was excited to settle back into home life and spend time
with his family.
B-2 Stroke Awareness Month Proclamation (CLK)
Mayor Kuehne presented a proclamation to Daniel Kim, Healings in Motion Board Member, and
Daniel Nuss, Director of Services for People with Disabilities, proclaiming May 2017 as Stroke
Awareness Month in Lodi. Mr. Kim stated there are three certified stroke centers in the County
and announced the upcoming events in celebration of Stroke Awareness Month: Central Valley
Recovery, Awareness, Preventing Strokes program on May 23 featuring Dr. Frank Cummins who
will share his personal story as a stroke survivor; the African-American Health Empowerment
Luncheon on May 26 in French Camp; and the Brain Health run on June 3 in Stockton. Mr. Nuss
announced this is the third year of the annual 5k race for runners, walkers, and those in strollers
or wheelchairs. Donations and sponsorships for the event were encouraged, and he stated that
all funds and resources go directly back to the San Joaquin County community.
In response to Mayor Pro Tempore Nakanishi, Mr. Kim stated that two of the stroke centers are in
Stockton: San Joaquin County General Hospital and St. Joseph's Medical Center. Mr. Nuss
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added that Lodi is taking steps to offer a center as well. Mayor Pro Tempore Nakanishi
encouraged residents to know where the local stroke centers are and to go directly there if
experiencing stroke symptoms.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
City Manager Schwabauer announced that Item G-1 to consider the sale of Fire Station 2 will be
continued to the Council meeting of June 7, 2017, because the item requires a 4/5 vote of the
Council to move forward and only three Council Members are in attendance.
Further, he recommended that Council consider adjourning the meeting to Tuesday, May 23,
2017, at 7:00 a.m. to continue Item J-2 regarding the second reading of the fireworks ordinance
due to a Council Member's unexpected illness and the low Council attendance at the meeting.
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, to approve
the following items hereinafter set forth, except those otherwise noted, in accordance with the
report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
C-1 Receive Register of Claims in the Amount of $2,843,159.92 (FIN)
Claims were approved in the amount of $2,843,159.92.
C-2 Approve Minutes (CLK)
The minutes of April 19, 2017 (Regular Meeting), April 19, 2017 (Special Meeting), April 25, 2017
(Shirtsleeve Session), and May 2, 2017 (Shirtsleeve Session) were approved as written.
C-3 Accept Quarterly Report of Purchases between $10,000 and $20,000 (CM)
Accepted Quarterly Report of Purchases between $10,000 and $20,000.
C-4 Accept Quarterly Investment Report as Required by the City of Lodi Investment Policy
(CM)
Accepted Quarterly Investment Report as required by the City of Lodi Investment Policy.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for 2017-2019
Block Wall Repair Program (PW)
Approved the plans and specifications and authorized advertisement for bids for the 2017-2019
Block Wall Repair Program.
C-6 Adopt Resolution Awarding Contract for 2017 DeBenedetti Park Trail and Parking Lot
Improvements to A.M. Stephens Construction Company, Inc., of Lodi ($630,137), and
Appropriating Funds ($740,000) (PW)
Adopted Resolution No. 2017-87 awarding the contract for 2017 DeBenedetti Park Trail and
Parking Lot Improvements to A.M. Stephens Construction Company, Inc., of Lodi, in the amount
of $630,137, and appropriating funds in the amount of $740,000.
C-7 Adopt Resolution Awarding Contract for 2017 GrapeLine Bus Stop Accessibility and
Shelter Improvements to Taylor Backhoe Service, Inc., of Merced ($339,334) (PW)
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Adopted Resolution No. 2017-88 awarding the contract for the 2017 GrapeLine Bus Stop
Accessibility and Shelter Improvements to Taylor Backhoe Service, Inc., of Merced, in the amount
of $339,334.
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Harris and Associates, Inc., of Tracy, for 2017 Impact Mitigation Fee Program Update
($40,000) and Appropriating Funds ($40,000) (PW)
This item was pulled from the Consent Calendar at the request of a member of the public.
Mike Lusk read from and submitted a claim (filed) on behalf of citizen rate payers of the Lodi
wastewater and water utility enterprises in which he requested the City make specific changes
to the Impact Mitigation Fee Program. Suggested changes include: 1) adding a funding item titled
Recycled Water Fund; 2) restricting use of each fund for wastewater, water, recycled water, and
storm water to be used solely within the designated fund; 3) restricting the City from reducing the
amount of Impact Mitigation Fees established and charged to developers; 4) changing the
presentation of the Annual Impact Mitigation Fee Report; and 5) changing the Annual Report from
a summary report to a detailed report showing all transactions (i.e. payables, receivables,
interest, etc.).
Council Member Johnson questioned the legal implication of discussing Mr. Lusk's claim at a
public meeting, to which City Attorney Magdich stated she would review the matter and report
back to Council.
In response to Mayor Pro Tempore Nakanishi, City Manager Schwabauer stated interfund
borrowing is an extraordinarily common practice among municipalities because it is difficult to
have full resources to construct a single project at a specific time in relation to the collection of
Impact Fees.
Mr. Schwabauer stated that, since this was presented in the form of a claim against the City, he
would prefer to review and thoroughly understand the claim before discussing it further with
Council in closed session. He suggested Council hold its questions until then so none of the
commentary compromises Council's response in the matter.
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2017-97 authorizing the City Manager to execute a Professional Services
Agreement with Harris and Associates, Inc., of Tracy, for 2017 Impact Mitigation Fee Program
Update in the amount of $40,000 and appropriating funds in the amount of $40,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with BKF Engineering, of Pleasanton, for Traffic Signal and Lighting
Design for Victor Road and Guild Avenue Intersection ($3,000) (PW)
Adopted Resolution No. 2017-89 authorizing the City Manager to execute Amendment No. 1 to
Professional Services Agreement with BKF Engineering, of Pleasanton, for traffic signal and
lighting design for Victor Road and Guild Avenue intersection, in the amount of $3,000.
C-10 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Luca Place Subdivision, Tract No. 3622 (PW)
Adopted Resolution No. 2017-90 approving the Final Map and authorizing the City Manager to
execute an Improvement Agreement for Luca Place Subdivision, Tract No. 3622.
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C-11 Adopt Resolution Approving the Agreement Between the City of Lodi and Spare Time, Inc.,
dba Twin Arbors Athletic Club, for the Summer Swim League Program (PRCS)
Adopted Resolution No. 2017-91 approving the agreement between the City of Lodi and Spare
Time, Inc., dba Twin Arbors Athletic Club, for the Summer Swim League Program.
C-12 Adopt Resolution Authorizing City Manager to Execute Contract with J&M Displays, Inc.,
for 2017 and 2018 Fourth of July Fireworks Shows at Lodi Lake Park, with One 2 -year
Extension if in the Best Interest of the City (Not to Exceed $64,000) (PRCS)
Adopted Resolution No. 2017-92 authorizing the City Manager to execute a contract with J&M
Displays, Inc., for 2017 and 2018 Fourth of July fireworks shows at Lodi Lake Park, with one two-
year extension if in the best interest of the City, in an amount not to exceed $64,000.
C-13 Adopt Resolution Setting Parks, Recreation, and Cultural Services Fees (PRCS)
Adopted Resolution No. 2017-93 setting Parks, Recreation, and Cultural Services fees.
C-14 Receive Report Regarding Communication Pertaining to AB 1250 (Jones -Sawyer) —
Counties and Cities: Contracts for Personal Services (CLK)
Received a report regarding communication pertaining to AB 1250 (Jones -Sawyer) - Counties
and Cities: Contracts for Personal Services.
C-15 Receive Report Regarding Communication Pertaining to Trailer Bill Implementing
Proposition 64, Adult Use of Marijuana Act (CLK)
Received a report regarding communication pertaining to trailer bill implementing Proposition 64,
Adult Use of Marijuana Act.
C-16 Authorize the Mayor, on Behalf of the City Council, to Send a Letter of Opposition for AB
1479 (Bonta): Public Records: Supervisor of Records: Fines (CLK)
Authorized the Mayor, on behalf of the City Council, to send a letter of opposition for AB 1479
(Bonta): Public Records: Supervisor of Records: Fines.
C-17 Set Public Hearing for June 7, 2017, to Consider Adopting Resolution Approving Final
2017/18 Annual Action Plan for Community Development Block Grant Program (CD)
Set public hearing for June 7, 2017, to consider adopting resolution approving Final 2017/18
Annual Action Plan for Community Development Block Grant Program.
C-18 Adopt Resolution Initiating Proceedings for the Levy and Collection of Assessments,
Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and
Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment
District No. 2003-1 for Fiscal Year 2017/18; and Set Public Hearing for June 21, 2017
(PW)
Adopted Resolution No. 2017-94 initiating proceedings for the levy and collection of
assessments, Resolution No. 2017-95 approving the Annual Report, and Resolution No. 2017-96
declaring intention to levy and collect assessments for the Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1 for Fiscal Year 2017/18; and set public hearing for
June 21, 2017.
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
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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.
Augie Yrigollen expressed concerns with the recent flyer from Waste Management regarding
potential fines and penalties against those who do not recycle properly, stating it is unfair to
impose fines on those who accidently dispose of trash improperly and it is a violation of privacy
for Waste Management workers to sift through customers' bins. He stated his bins are secured
behind a locked gate and he does not want Waste Management coming onto his property.
Mr. Yrigollen stated that he contacted citizens through the Nextdoor app and this seems to be a
common concern among residents.
Mayor Kuehne responded that Council had a Shirtsleeve Session on this topic to discuss how the
issue of improper recycling has become so problematic. He explained that over the years the
number of people abusing the opportunity to recycle has increased and more and more people
are putting garbage into the recycling or yard and garden bins, which contaminates recyclables.
Waste Management determined the way to handle the problem is to catch the attention of citizens
by penalizing those who are abusing the system. Mayor Kuehne stated those who follow the rules
and recycle properly will not have a problem. He further stated that Waste Management will not
go onto properties to inspect bins, but they will spot check cans that are on the curbside.
Mr. Yrigollen thanked Mayor Kuehne for the explanation, stating the flier came across as serious
and it caused concern among residents.
Mayor Pro Tempore Nakanishi stated the fear is legitimate because many others felt the same
way.
City Manager Schwabauer further explained that Waste Management is not after residents who
accidently dispose of a plastic bag or greasy pizza box in the recycling bin; instead, Waste
Management wants to hold those individuals accountable who are putting a significant amount of
non-recyclables, such as bicycles, diapers, charcoal, paint, and oil, in the recycling or yard and
garden bins. He stated it is difficult to market the policy and get the message out to all citizens,
especially if the flyer were to state that rules will be softened for less significant violations or one-
time accidents. He stated residents will receive notices for improper recycling, but fines will not be
assessed on those who make a one-time mistake or have minor issues with recycling.
Council Member Johnson agreed that the marketing issue by Waste Management was a public
relations disaster and the company is rethinking its process and where to go from here. He
announced that he will be joining the City Manager and Public Works Director tomorrow to meet
with Waste Management staff and view the recycling line and process. Council Member Johnson
stated he believes Waste Management will work with the City to ensure the program is truly
directed at habitual abusers of the recycling system and not at those who genuinely attempt to
follow guidelines.
Spencer Dayton commented on the last Council meeting, at which the Mayor Pro Tempore
requested he not provide his testimony during the public hearing process for the Community
Development Block Grant (CDBG) Draft Annual Action Plan. While he is not upset that he was
prevented from commenting, he questioned whether the action was a violation of the Brown Act
because the City cannot prohibit testimony and, whether there is agreement among all parties or
not, the public has a right to speak.
Mike Lusk read from and submitted a claim (filed) asking that the City use the funds received
from the sale of property located at 705 East Lodi Avenue (former Fire Station 2) to repay the
interfund loan from the Water Impact Fee fund in 2001 to build Fire Station 4 in the amount of
$1.9 million plus the accrued annual interest on the loan starting with the 2002 year to 2017 or
until the loan is completely repaid.
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E. Comments by the City Council Members on Non -Agenda Items
Council Member Johnson announced that the draft budget was provided to Council and urged the
public to become more involved in the budget process because the level of education on City
happenings and finances are, he believed, inadequate on the public's side. Of note is the
City Manager's letter that outlines his forecast for the next fiscal year and beyond. He stated the
draft budget will be on-line soon or available for viewing in the City Clerk's Office and he
encouraged the public to contact Council Members or staff with any questions about the
document. Further, Council Member Johnson, in response to Mr. Dayton's comments about
public dialog at meetings, stated the City has operated under Brown Act rules for a long time in
allowing the public to comment on matters of concerns, including inappropriate or unrelated
matters. He read from the agenda that "public comments may only be made on matters within the
Lodi City Council's jurisdiction..." and asked the City Attorney to clarify whether the Council must
allow comments on issues unrelated to City jurisdictional business.
Mayor Pro Tempore Nakanishi responded to Mr. Dayton's earlier comment as well, stating he did
not prevent him from speaking at the meeting and that anyone submitting a speaker card to the
City Clerk would be called upon to speak.
Mayor Kuehne reported that he, along with the City Manager and Police Captain, attended the
San Joaquin County Homelessness Task Force led by Supervisor Chuck Winn and attended by
Supervisor Kathy Miller and Sheriff Steve Moore. He stated he was encouraged by
Sheriff Moore's willingness to work with cities and his collaborative efforts, which is likely to have
a significant impact on the homelessness problem. He stated this is a carefully -crafted, sensitive,
and straightforward approach and he looks forward to receiving the Task Force's suggestions in
the near future.
F. Comments by the City Manager on Non -Agenda Items
City Manager Schwabauer reported that efforts are underway to protect the levee at the
Lodi Lake Nature Area and that staff is evaluating changes to the design that may not require as
much rock material as originally thought. He stated one of the areas in the lake is 30 feet deep,
not 12 feet deep as originally expected, and another three-foot section collapsed while crews
were working on the levee. Mr. Schwabauer further reported that the bid came in lower than
anticipated; therefore, the project should be completed within the Council -approved amount.
G. Public Hearings
G-1
Public Hearing to Receive Written or Oral Protests to the City's Intention to Sell City -
Owned Real Property Located at 705 East Lodi Avenue (Former Fire Station 2; APN 043-
230-06), and Adopt Resolution Authorizing City Manager to Proceed with the Sale of the
Property (CM)
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi,
to continue the public hearing to June 7, 2017, to receive written or oral protests to the City's
intention to sell City -owned real property located at 705 East Lodi Avenue (former Fire Station 2;
APN 043-230-06), and adopt resolution authorizing the City Manager to proceed with the sale of
the property.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
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H. Communications — None
1. Regular Calendar
1-1 Adopt Resolution Adding One Park Maintenance Worker III and Deleting One Park
Maintenance Worker 11 within Parks, Recreation, and Cultural Services Department (CM)
Human Resources Manager Adele Post provided a presentation regarding adding one park
Maintenance Worker 111 position and deleting one Park Maintenance Worker 11 position within the
Parks, Recreation and Cultural Services Department. Specific topics of discussion included Parks
Division staff meetings regarding improving internal operations, morale, productivity, and
performance; suggestion of realignment; differences in duties of a Maintenance Worker 11 and 111;
no effect on staff headcount; and promotional recruitment opportunity, if approved.
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2017-98 adding one Park Maintenance Worker III and deleting one Park
Maintenance Worker 11 within the Parks, Recreation, and Cultural Services Department.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
J. Ordinances
J-1
Adopt Ordinance No. 1942 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 15 — Buildings and Construction — By Repealing and Re -Enacting
Chapter 15.56, `Alarm Systems and Permits,' in its Entirety" (CLK)
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1942 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 15 - Buildings and Construction - by Repealing and Re -Enacting Chapter 15.56, 'Alarm
Systems and Permits,' in Its Entirety," which was introduced at a regular meeting of the Lodi City
Council held May 3, 2017.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
J-2 Adopt Ordinance No. 1943 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 9 — Public Peace, Morals and Welfare — Section 9.12.010 and
Repealing and Re -Enacting Chapter 9.13 in its Entirety" (CLK)
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, to adjourn
the meeting to Tuesday, May 23, 2017, at 7:00 a.m. to consider adopting Ordinance No. 1943
entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 9 - Public
Peace, Morals and Welfare - Section 9.12.010, 'Discharge of Weapons and Fireworks -Fires,' and
Repealing and Re -Enacting Chapter 9.13, 'Sale of Fireworks,' in Its Entirety."
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Chandler, and Council Member Mounce
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K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
7:57 p.m. to Tuesday, May 23, 2017, at 7:00 a.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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