HomeMy WebLinkAboutMinutes - August 16, 2017LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 16, 2017
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of August 16, 2017, was called to order by
Mayor Kuehne at 6:18 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 Pro Tempore Nakanishi arrived at 6:26 p.m.
C-2 Announcement of Closed Session
a) Exposure to Litigation: Government Code §§ 54956.9(b), 54956.9(d)(2), and 54956.9(e)
(1); Multiple Cases; Conference with City Attorney Regarding Exposure to Litigation, the
Facts and Circumstances of Which are Unknown to Potential Plaintiffs; the City Attorney
Believes that the Facts and Circumstances Creating the Exposure to Litigation are Not
Known to Potential Plaintiffs and, If Disclosed, Would Significantly Increase the City's
Exposure to Litigation (CA)
b) Conference with Legal Counsel — One Case. Northern California Power Agency, City of
Redding, City of Roseville, City of Santa Clara v. United States, Court of Federal Claims,
Case No. 14-817C. Pending litigation, Government Code Section 54956.9(d)(1) (CA)
c) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City
Manager (Labor Negotiators), Regarding Lodi City Mid -Management Association,
AFSCME General Services and Maintenance & Operators, Police Mid -Managers, Lodi
Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional
Firefighters, Lodi Fire Mid -Management, and International Brotherhood of Electrical
Workers Pursuant to Government Code §54957.6 (CM)
C-3 Adjourn to Closed Session
At 6:18 p.m., Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:55 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:02 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions.
Item C -2a) was not discussed.
Items C -2b) and C -2c) were discussion only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of August 16, 2017, was called to order by Mayor Kuehne at
7:02 p.m.
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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
B. Presentations — None
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Johnson 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
C-1 Receive Register of Claims in the Amount of $4,736,477.31 (FIN)
Claims were approved in the amount of $4,736,477.31.
C-2 Approve Minutes (CLK)
The minutes of July 19, 2017 (Special Meeting), July 19, 2017 (Regular Meeting), July 25, 2017
(Shirtsleeve Session), and August 1, 2017 (Shirtsleeve Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for White Slough
Water Pollution Control Facility 2017 Irrigation System Improvements Project (PW)
Approved plans and specifications and authorized advertisement for bids for White Slough Water
Pollution Control Facility 2017 Irrigation System Improvements Project.
C-4 Adopt Resolution Approving Specifications, Authorizing Advertisement for Bids, and
Authorizing City Manager to Award Contract for White Slough Water Pollution Control
Facility Field 5 Levee Repair to Lowest Responsive Bidder (Not to Exceed $75,000) (PW)
Adopted Resolution No. 2017-151 approving specifications, authorizing advertisement for bids,
and authorizing the City Manager to award the contract for White Slough Water Pollution Control
Facility Field 5 Levee Repair to lowest responsive bidder, in an amount not to exceed $75,000.
C-5 Accept Improvements Under Contract for Lodi Bus Wash Improvements Project (PW)
Accepted improvements under the contract for the Lodi Bus Wash Improvements Project.
C-6 Adopt Resolution Approving 2017 Pavement Resurfacing Project for Road Repair and
Accountability Act of 2017 Funding and Appropriating Funds ($1,535,182) (PW)
Adopted Resolution No. 2017-152 approving 2017 Pavement Resurfacing Project for Road
Repair and Accountability Act of 2017 funding and appropriating funds in the amount of
$1,535,182.
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C-7 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Lodi
Library Roof Repair Project ($399,980), Utilizing U.S. Communities Contract No. 10330,
and Authorizing Five -Percent Contingency (Not to Exceed $19,999) to Cover Unforeseen
Conditions (PW)
Adopted Resolution No. 2017-153 authorizing the City Manager to waive bid process and execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Lodi Library
Roof Repair Project, in the amount of $399,980, utilizing U.S. Communities Contract No. 10330,
and authorizing five -percent contingency, not to exceed $19,999, to cover unforeseen conditions.
C-8 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for White
Slough Water Pollution Control Facility Boiler Room Roof Replacement Project ($41,995),
Utilizing U.S. Communities Contract No. 10330, and Authorizing 10 -Percent Contingency
(Not to Exceed $4,200) to Cover Unforeseen Conditions (PW)
Adopted Resolution No. 2017-154 authorizing the City Manager to waive bid process and execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for White Slough
Water Pollution Control Facility Boiler Room Roof Replacement Project, in the amount of
$41,995, utilizing U.S. Communities Contract No. 10330, and authorizing 10 -percent contingency,
not to exceed $4,200, to cover unforeseen conditions.
C-9 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute Software
as a Service Agreement with Govinvest, Inc., of Torrance, for Pension Transparency Total
Liability Calculator Software (Pension Module) ($45,750) With Option to Purchase the
Other Post Employment Benefit Transparency Total Liability Calculator Software (OPEB
Module) ($32,500) (CM)
This item was pulled from the Consent Calendar at the request of Council Member Mounce for a
brief presentation.
Deputy City Manager Andrew Keys stated the recommendation is to approve an agreement for
software that would assist the City with California Public Employees Retirement System (Cal -
PERS) pension liability to more closely monitor the changes and increases in costs, which are
paramount to the City's financial future. The software would input Cal -PERS data into the system
in the form of actuarial reports and allow staff to make changes to the information and layer in
funding strategies in order to view various impacts at different levels. It will provide visuals and
graphical tools to better visualize each level of impact all the way down to an individual employee
or group. The software will enable staff to quickly view information and use the same logic as the
Cal -PERS actuarial reports.
In response to Council Member Mounce, Mr. Keys confirmed the recommendation is for a five-
year contract that would be Cloud based.
Council Member Mounce made a motion, second by Council Member Chandler, to adopt
Resolution No. 2017-158 authorizing the City Manager to waive bid process and execute
Software as a Service Agreement with Govinvest, Inc., of Torrance, for Pension Transparency
Total Liability Calculator Software (Pension Module), in the amount of $45,750, with option to
purchase the Other Post Employment Benefit Transparency Total Liability Calculator Software
(OPEB Module), in the amount of $32,500.
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
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Noes: None
Absent: None
C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Fieldman, Rolapp & Associates, of Irvine, for Municipal Advisory Services (CM)
Adopted Resolution No. 2017-155 authorizing the City Manager to execute Professional Services
Agreement with Fieldman, Rolapp & Associates, of Irvine, for Municipal Advisory Services.
C-11 Adopt Resolution Authorizing City Manager to Execute American Heart Association
Training Site Agreement between City of Lodi and Lodi Memorial Hospital Association,
Inc., a Nonprofit Public Benefit Corporation Doing Business as Lodi Health (FD)
Adopted Resolution No. 2017-156 authorizing the City Manager to execute American Heart
Association Training Site Agreement between City of Lodi and Lodi Memorial Hospital
Association, Inc., a Nonprofit Public Benefit Corporation doing business as Lodi Health.
C-12 Adopt Resolution Approving Application for Outdoor Environmental Education Facilities
Grant Funds for Lodi Lake Park Nature Area (PRCS)
Adopted Resolution No. 2017-157 approving application for Outdoor Environmental Education
Facilities Grant funds for Lodi Lake Park Nature Area.
C-13 Approve Response to 2016/17 San Joaquin County Grand Jury Report Regarding
Countywide Dispatch for Fire, Two Are Not Always Better Than One, Case No. 0616 (FD)
Approved response to 2016/17 San Joaquin County Grand Jury Report regarding countywide
dispatch for fire, Two Are Not Always Better Than One, Case No. 0616.
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.
Mushtaq Tahirkheli requested a response from Council on how to place an item on the agenda
- specifically high utility bills, Council term limits, and directly -elected Mayor - stating he
addressed Council previously and wrote letters and e-mails, yet no one has responded to his
concerns.
E. Comments by the City Council Members on Non -Agenda Items
Mayor Pro Tempore Nakanishi provided a report on the State Groundwater Sustainability Plan
(GSP) for the San Joaquin basin, stating that Lodi opted for local control instead of the State
Department of Water Resources. As a result, the Eastern San Joaquin Joint Powers Authority
(JPA) was established to administer the GSP, which must be completed in three years by
January 2020. He reported that work is scheduled to begin in August and a grant application
package will be submitted in late October, which calls for a matching grant of $1.5 million from the
State and $1.5 million from the JPA. Mayor Pro Tempore Nakanishi stated the City must be ready
to address this because funds will come from the member agencies. If each member of
the agency gave equally, it would cost roughly $88,000 over the three-year period; however, the
Board is researching other options as well, such as proportionate costs based on population or
usage of groundwater. He asked Public Works Director Charlie Swimley to comment on the
matter.
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Mr. Swimley confirmed that the GSP is being prepared by the JPA over the course of three years
and the worst-case scenario is that the JPA must come up with $1.5 million in matching funds. He
stated that discussions include distributing the cost among the 19 to 26 GSA agencies, which
would decrease the financial burden to each. Mr. Swimley pointed out this cost is to complete the
GSP; not the projects identified in the Plan. He stated Lodi has been extremely vocal about its
sustainability and expressed his opinion that it is more advantageous to join the group, share in
the costs, and be a part of the solution together because the State requires coordination with the
County GSP and there is no way around a coordinated effort.
Council Member Johnson requested clarification on the Homeless Liaison Officer and what the
future plans are for the position and program. He stated there are now fundraising efforts to
purchase a truck for the program and a retired police officer is joining the program as an
assistant; however, these were not mentioned when Council approved the position.
City Manager Schwabauer reported on the success of the program thus far, stating Officer Holz
located family members, resources, or housing options for at least 19 homeless individuals. The
Police Department has a part-time budget it uses as necessary, and a need has arisen for
assistance with paperwork and follow-up tasks to ease the burden on Officer Holz. The Chief has
assigned part-time resources to assist with the program from funds that are already budgeted. He
stated there is no plan currently to grow the program further.
With regard to the truck for the Homeless Liaison Officer, Mayor Kuehne stated that Lodi modeled
its program after Manteca's, which has a pick-up truck to transport abandoned shopping carts or
individuals with carts. There are no funds budgeted to purchase a vehicle, however, a $10,000
donation was given toward a used vehicle for Officer Holz to utilize. He reiterated that the vehicle
was purchased outside of the City's general fund budget.
Council Member Mounce spoke in response to Mr. Tahirkheli's concerns. With regard to utility
bills, Council Member Mounce stated Council held special meetings over the last couple of years
regarding electric rates and the City Manager and Electric Utility Department devoted a significant
amount of time and effort reaching out to citizens to help them better understand what the rates
are, how they are structured, and ways to mitigate utility costs. She stated she recently installed
new windows and replaced her roof and her utility bill decreased from $300 to $50 a month and
pointed out there are many options for residents, including renters, to reduce energy costs.
Council Member Mounce further pointed out there was a referendum on the ballot that would
have provided discounts for seniors on water rates, yet it failed. With regard to term limits, she
stated voters exercise their rights every election to keep an individual in office or vote out if they
feel he or she is not performing adequately as an elected official. With regard to a directly -elected
Mayor, Council Member Mounce stated she supports the concept as she has been passed over
as Mayor previously; however, she believed the only way to implement that change is by initiating
a petition and gathering signatures to put the matter on the ballot because she felt the majority in
Lodi prefer to leave the matter status quo. Council Member Mounce announced that the next
League of California Cities Central Valley Division meeting will be in Modesto in early September,
at which the new Director Carolyn Coleman will address leaders in the Central Valley. A week
later, the League Annual Conference will be held in Sacramento, at which she will serve her last
day as League President and hand the gavel to incoming President Richard Garbarino from
South San Francisco. She stated she will begin her term as Immediate Past President and further
expressed her pleasure in serving as President this last year, adding it was a lot of time, work,
and effort.
Council Member Chandler congratulated Council Member Mounce on her term as President and
her leadership at the League, recognizing the amount of time and effort it takes to fill such a role.
He further commented on the citizen group addressing the homelessness situation, stating that
Mark Armstrong with the Lodi Grape Festival reports great success from the group and that it too
has a program to pick up shopping carts.
Mr. Schwabauer confirmed that Mr. Armstrong is working with Officer Holz to remove shopping
carts near the Grape Festival grounds, adding that last Thursday he removed three carts and
100 pounds of garbage.
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Council Member Chandler reported that the group's next meeting is August 31, 2017, at 6 p.m. at
the Grape Festival. He further thanked the Police Department and Code Enforcement for
addressing the blight, garbage, and discarded furniture in front of his wife's business.
F. Comments by the City Manager on Non -Agenda Items
City Manager Schwabauer also responded to Mr. Tahirkheli that he replied to his e-mail two
weeks ago regarding the City's electric utility rates. He offered to re -send the message if
Mr. Tahirkheli did not receive it.
G. Public Hearings — None
H. Communications — None
1. Regular Calendar
1-1 Adopt Resolution Approving Amendments to Job Description, Title, and Salary Range for
Position of Information Systems Manager (CM)
Human Resources Manager Adele Post provided a presentation regarding amendments to the
job description, title, and salary range for the position of Information Systems Manager. Specific
topics of discussion included the increase in Information Technology (IT) challenges, such as the
City's failing IT infrastructure and conversion to new financial system software; recommendation
to amend job description, title, and salary to modernize the position and reflect the change in
division name from Information Systems to IT; 10 -percent salary increase to align salary with
other mid -management division heads; and concurrence with Mid -Management bargaining group.
Council Member Johnson made a motion, second by Council Member Chandler, to adopt
Resolution No. 2017-159 approving amendments to job description, title, and salary range for
position of Information Systems 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
1-2 Adopt Resolution Approving Classification, Job Description, and Salary Range of Electric
Utility Business Analyst; Adding One Electric Utility Business Analyst; and Deleting One
Vacant Electric Utility Rate Analyst (CM)
NOTE: Council Member Mounce stepped away from the dais during this item and was not
present for the vote on the following matter.
Human Resources Manager Adele Post provided a presentation regarding the classification, job
description, and salary range for the position of Electric Utility Business Analyst; adding one
Electric Utility Business Analyst position; and deleting one vacant Electric Utility Rate Analyst
position. Specific topics of discussion included recommended action to replace vacant position of
retired Rate Analyst with a new Business Analyst position; expanded business-related activities
as compared to the Rate Analyst; net wash on Electric Utility positions; salary savings of $15,000
a year with the new position's salary at 4 percent below the former position; and concurrence with
Mid -Management bargaining group.
Mayor Pro Tempore Nakanishi commended staff for bringing forth a proposal that represents a
savings to the City.
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Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2017-160 approving classification, job description, and salary range of Electric
Utility Business Analyst; adding one Electric Utility Business Analyst; and deleting one vacant
Electric Utility Rate Analyst.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Mounce
1-3 Adopt Resolution Approving Classification, Job Description, and Salary Range of Payroll
Technician and Senior Payroll Technician; Approving Reclassification of One Finance
Technician to Position of Senior Payroll Technician; Adding One Payroll Technician; and
Deleting One Finance Technician in Internal Services Department (CM)
Human Resources Manager Adele Post provided a presentation regarding the classification, job
description, and salary range for the positions of Payroll Technician and Senior Payroll
Technician; approving the reclassification of one Finance Technician to Senior Payroll
Technician; adding one Payroll Technician; and deleting one Finance Technician. Specific topics
of discussion included recommendation to replace two Finance Technicians with one Payroll
Technician and one Senior Payroll Technician, resulting in a net wash to the Finance
Department; reclassification study and outcome for the two incumbent Finance Technician
positions; one incumbent performing complex, leadership duties and resignation of the other
incumbent; recommended elimination of the vacated position and replacement with Payroll
Technician position; promotion of the other incumbent to Senior Payroll Technician with a 10 -
percent salary increase; and concurrence with AFSCME bargaining group.
In response to Mayor Pro Tempore Nakanishi, Ms. Post confirmed this change will result in an
advancement opportunity and salary increase for the current incumbent employee who will
exercise a higher skill set and provide leadership and guidance over the Payroll Technician.
Council Member Johnson made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2017-161 approving classification, job description, and salary range of Payroll
Technician and Senior Payroll Technician; approving reclassification of one Finance Technician
to position of Senior Payroll Technician; adding one Payroll Technician; and deleting one Finance
Technician in Internal Services Department.
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
1-4 Adopt Resolution Approving Side Letter Agreement Amending Memorandums of
Understanding Between City of Lodi and AFSCME General Services and Maintenance &
Operators Units Regarding a One -Time, Non-PERSable Payment to Partially Offset
Increased Medical Premiums for Employees Who Are Currently Enrolled in One of the
City's Medical Plans (CM)
Human Resources Manager Adele Post provided a presentation regarding side letter agreement
amending the Memorandums of Understanding with AFSCME General Services and
Maintenance & Operators units regarding a one-time payment to partially offset increased
medical premiums. Specific topics of discussion included negotiations with AFSCME in 2014/15;
current contract and reopener clause in agreement regarding increasing medical premiums;
negotiation of one-time, non-PERSable payment for those employees currently enrolled in the
City's health plan based on tiers - i.e. $34.50 for employee; $69.00 for employee plus one; and
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$89.70 for employee plus family; offer available only to active employees hired prior to January 1,
2017 who are enrolled in the plan; offer extended to four unrepresented Confidential employees
that receive the same benefits as AFSCME; and total cost of $8,000, of which $2,300 impacts the
general fund.
In response to Mayor Pro Tempore Nakanishi, Ms. Post stated the Confidential employee group
is unrepresented and not part of any bargaining group. Historically, this group is treated with the
same benefits as the group it mirrors.
Council Member Mounce made a motion, second by Council Member Johnson, to adopt
Resolution No. 2017-162 approving Side Letter Agreement amending Memorandums of
Understanding between City of Lodi and AFSCME General Services and Maintenance &
Operators units regarding a one-time, non-PERSable payment to partially offset increased
medical premiums for employees who are currently enrolled in one of the City's medical plans.
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
1-5 Adopt Resolution Approving Amendments to Various AFSCME Maintenance and Operator
Job Descriptions, Eliminating Two -Tier Salary Ranges, and Providing Incentive Pay for
Water Plant Operators for Possession of Water Distribution Operator Certifications (CM)
Human Resources Manager Adele Post provided a presentation regarding amendments to
various AFSCME Maintenance and Operator job descriptions; elimination of two-tier salary
ranges; and incentive pay for Water Plant Operators for possession of Water Distribution
Operator Certifications. Specific topics of discussion included creation of two-tier salary ranges in
2012 for various positions in the Maintenance and Operators group to include certification pay in
base pay; difficulties in implementing the new salary tiers and associated challenges in recruiting
applicants; and request during 2014 negotiations to eliminate the two-tiered salary system,
incorporate job certifications within job descriptions, and add the certification language for Water
Plant Operators to bring the salary in line. Ms. Post thanked AFSCME for working with staff to
provide education on each of the positions and reviewing all associated job specifications. She
stated the proposal is to return to a single -tier salary structure of base pay plus incentive pay. A
simple chart will be created to demonstrate what is required for each position and how employees
can advance from one certification to the next. She stated the recommendation further requests
that the action be retroactive to January 5, 2015, when the group's contract was approved at a
total cost impact of $20,000 to bring all employees to the correct salary. Ms. Post further pointed
out that the City agreed it would not reduce salaries of those who were hired without certificates;
instead, they will retain their current salary until they obtain the necessary certificates.
In response to Council Member Johnson, Ms. Post stated staff did not research certification
amounts offered by other agencies, but the $40 incentive is in line with other City incentives.
Mayor Pro Tempore Nakanishi stated he believed it was important to have well-trained and
knowledgeable water plant operators and stated he would support the recommendation.
In response to Mayor Kuehne, Ms. Post stated the reason behind the recommendation for
retroactive pay to January 2015 is because the change was negotiated in 2014/15 and approved
in the Memorandum of Understanding in early 2015. She further confirmed there would be no
fiscal impact to the general fund because these salaries come from enterprise funds. Most of the
employees will see a $17 to $40 difference in their paycheck, and the Water Plant Operator will
begin to receive the $40 incentive pay.
Council Member Mounce expressed appreciation that the City is recognizing its employees and
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their talents because it is difficult maintaining staff levels in these particular positions with other
agencies paying higher wages.
Council Member Johnson made a motion, second by Council Member Mounce, to adopt
Resolution No. 2017-163 approving amendments to various AFSCME Maintenance and Operator
job descriptions, eliminating two-tier salary ranges, and providing incentive pay for Water Plant
Operators for possession of Water Distribution Operator Certifications.
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
1-6 Introduce Ordinance Amending Lodi Municipal Code Title 9 - Public Peace, Morals, and
Welfare - by Adding Chapter 9.32, "Shopping Carts" (CA)
City Manager Schwabauer provided a presentation regarding the introduction of an ordinance
amending Lodi Municipal Code Title 9 - Public Peace, Morals, and Welfare - by adding Chapter
9.32, "Shopping Carts." Specific topics of discussion included 18 -month effort and public
meetings; outreach to retailers with minimal response; recommendation to require labeling
shopping carts according to State law and utilizing State law remedies to remove and return carts
to grocers; and ordinance penalties to increase consequences for noncompliance by requiring
retailers to install mechanisms, such as electronic locking devices, to prevent removal of
shopping carts from premises.
In response to Council Member Mounce, Deputy City Attorney John Fukasawa confirmed that he
spoke with representatives from the California Grocers Association regarding recommendations
in the ordinance.
Council Member Mounce made a motion, second by Council Member Chandler, to introduce
Ordinance No. 1946 amending Lodi Municipal Code Title 9 - Public Peace, Morals, and Welfare -
by adding Chapter 9.32, "Shopping Carts."
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
J. Ordinances
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Adopt Ordinance No. 1945 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 15 - Buildings and Construction - By Adding Chapter 15.15, `Electric
Vehicle Charging Station Streamlined Permitting Process- (CLK)
Council Member Johnson made a motion, second by Mayor Kuehne, (following reading of the
title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1945
entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 15 -
Buildings and Construction - By Adding Chapter 15.15, 'Electric Vehicle Charging Station
Streamlined Permitting Process,"' which was introduced at a regular meeting of the Lodi City
Council held August 2, 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
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Noes: None
Absent: None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
7:55 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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