HomeMy WebLinkAboutMinutes - November 1, 2017LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 1, 2017
C-1 Call to Order / Roll Call
The City Council Closed Session meeting was cancelled.
C-2 Announcement of Closed Session - N/A
a) 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 - N/A
C-4 Return to Open Session / Disclosure of Action - N/A
A. Call to Order / Roll Call
The Regular/Special Joint meeting of the Lodi City Council and Lodi Public Financing Authority of
November 1, 2017, was called to order by Mayor Kuehne at 7:02 p.m.
Present: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Absent: Council Member Johnson, and Council Member Mounce
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
B. Presentations
B-1 Lodi Citizens in Action “Heroes Behind the Badge” Presentation (CLK)
Lodi Citizens in Action member June Aaker presented the Lodi Police Foundation and Lodi Police
Department with a check in the amount of $9,077 from the net proceeds raised at the
September 23, 2017, 5K Fun Run/Walk fundraiser. Police Captain Chris Jacobson thanked the
group for their efforts and announced that proceeds will go toward replacing ballistic helmets for
officers.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Chandler 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 Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
C-1 Receive Register of Claims in the Amount of $4,788,181.03 (FIN)
Claims were approved in the amount of $4,788,181.03.
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C-2 Approve Minutes (CLK)
The minutes of October 4, 2017 (Regular Meeting), October 10, 2017 (Shirtsleeve Session),
October 17, 2017 (Shirtsleeve Session), and October 18, 2017 (Regular Meeting) were approved
as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Alley
Improvement Project – Phase 6 (PW)
Approved plans and specifications and authorized advertisement for bids for Alley Improvement
Project - Phase 6.
C-4 Adopt Resolution Rejecting Non-Responsive Bid from Marko Construction Group and
Awarding Contract for Transit Station Security Fencing Project to Diede Construction, Inc.,
of Woodbridge ($296,329) (PW)
Adopted Resolution No. 2017-198 rejecting non-responsive bid from Marko Construction Group
and awarding the contract for the Transit Station Security Fencing Project to Diede Construction,
Inc., of Woodbridge, in the amount of $296,329.
C-5 Adopt Resolution Rejecting Non-Responsive Bid from Swierstok Enterprise, Inc., dba
Pro Builders and Awarding Contract for Lodi Station Parking Garage Maintenance and
Repair Project to TPA Construction, Inc., of Rocklin ($368,476) (PW)
Adopted Resolution No. 2017-199 rejecting non-responsive bid from Swierstok Enterprise, Inc.,
dba Pro Builders, and awarding the contract for the Lodi Station Parking Garage Maintenance
and Repair Project to TPA Construction, Inc., of Rocklin, in the amount of $368,476.
C-6 Adopt Resolution Rejecting Non-Responsive Bid from Nevco, and Awarding Bid for
Purchase of Four Scoreboards from Daktronics, of Brookings, South Dakota ($30,873.26);
and Further Approving Plans and Specifications and Authorizing Advertisement for Bids for
Scoreboard Installation Project (PRCS)
Adopted Resolution No. 2017-200 rejecting non-responsive bid from Nevco, and awarding the bid
for the purchase of four scoreboards from Daktronics, of Brookings, South Dakota, in the amount
of $30,873.26; and further approving plans and specifications and authorizing advertisement for
bids for the Scoreboard Installation Project.
C-7 Accept Improvements Under Contract for White Slough Water Pollution Control Facility
2016 Improvements Corrosion Repair Project (PW)
Accepted the improvements under the contract for White Slough Water Pollution Control Facility
2016 Improvements Corrosion Repair Project.
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
for Engineering Design Support to Upgrade McLane Substation with Leidos, of
Hendersonville, Tennessee ($90,310) (EU)
Adopted Resolution No. 2017-201 authorizing the City Manager to execute a Professional
Services Agreement for engineering design support to upgrade McLane Substation with Leidos,
of Hendersonville, Tennessee, in the amount of $90,310.
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Task Order
No. 39 for White Slough Water Pollution Control Facility 2016 Calendar Year Repairs and
Improvement, Engineering Design, and Construction Management Services with West
Yost & Associates, Inc., of Davis ($8,762) (PW)
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Adopted Resolution No. 2017-202 authorizing the City Manager to execute Amendment No. 2 to
Task Order No. 39 for White Slough Water Pollution Control Facility 2016 Calendar Year Repairs
and Improvement, Engineering Design, and Construction Management Services with West Yost
& Associates, Inc., of Davis, in the amount of $8,762.
C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Agreement
with Interwest Consulting Group for Upgrades of ESRI ArcGIS and Geocortex Technology
Stack and Data Integration ($13,500) for Total Contract Not to Exceed Value of $163,500
(CM)
Adopted Resolution No. 2017-203 authorizing the City Manager to execute Amendment No. 1 to
Agreement with Interwest Consulting Group for upgrades of ESRI ArcGIS and Geocortex
Technology Stack and Data Integration, in the amount of $13,500, for a total contract amount not
to exceed the value of $163,500.
C-11 Adopt Resolution Authorizing City Manager to Apply for State Revolving Fund Green
Project Reserve Funding for Purchase and Installation of Replacement Aeration Blowers at
White Slough Water Pollution Control Facility and Authorizing City Manager to Execute All
Related Documents (PW)
Adopted Resolution No. 2017-204 authorizing the City Manager to apply for State Revolving Fund
Green Project Reserve funding for the purchase and installation of replacement aeration blowers
at White Slough Water Pollution Control Facility and authorizing the City Manager to execute all
related documents.
C-12 Receive Report Regarding Communication Pertaining to Current Tax Exemption for
Municipal Bonds in the “United Framework for Fixing Our Broken Tax Code” (CLK)
Received report regarding communication pertaining to current tax exemption for municipal bonds
in the "United Framework for Fixing Our Broken Tax Code."
C-13 Receive Report Regarding Communication Pertaining to San Joaquin Regional Rail
Commission’s Fiscal Year 2017 United States Department of Transportation’s
Infrastructure for Rebuilding America Grant Application for the San Joaquin Valley Rail
Enhancement Project (CLK)
Received report regarding communication pertaining to San Joaquin Regional Rail Commission's
Fiscal Year 2017 United States Department of Transportation's Infrastructure for Rebuilding
America grant application for the San Joaquin Valley Rail Enhancement Project.
C-14 Approve Lodi Tourism Business Improvement District 2017 Annual Report (CM)
Approved Lodi Tourism Business Improvement District 2017 Annual Report.
C-15 Adopt Resolutions of Lodi City Council and Lodi Public Financing Authority Adopting City
of Lodi Debt Management Policy (CM)
This item was removed from the Consent Calendar at the request of a member of the public.
Mike Lusk expressed opposition to the financing of any Certificates of Participation or bonds for
capital infrastructure as a result of new development, unless development fees are in place to pay
for it in full. He further stated that impact fees paid by developers were reduced substantially at
one point and those costs were passed onto rate payers.
City Manager Schwabauer explained this agenda item is unrelated to Proposition 218; rather, it is
to adopt a State-required policy to pledge the City will not issue unwise debt, such as debt that
cannot be repaid by a long-term project. The City of Lodi has an opportunity to refinance debt in
the wastewater fund, which will come before Council at its next meeting, that will secure interest
savings for the benefit of rate payers, while retaining the same terms.
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In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer stated he did not have an exact
figure on how much citizens would gain over 10 years from refinancing the wastewater debt;
however, in the past, the City was able to capture $3 million in the general fund. Deputy City
Manager Andrew Keys stated the potential refinancing could possibly save the City $1 million
over the life of the bond, and Mr. Schwabauer stated staff will provide Council with an estimated
figure.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to adopt
Resolution No. 2017-205 of Lodi City Council and Resolution No. LPFA2017-01 of the Lodi Public
Financing Authority adopting the City of Lodi Debt Management Policy.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
D. Comments by the Public on Non-Agenda Items
THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE
PUBLIC IS LIMITED TO FIVE MINUTES.
Public comment may only be made on matters within the Lodi City Council's jurisdiction
(Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l). The
Council cannot take action or deliberate on items that are not on this agenda unless there
is an emergency and the need to take action on that emergency arose after this agenda
was posted (Government Code Section 54954.2(b)(2)). All other items may only be
referred for review to staff or placement on a future Council agenda.
Chris Townsend with Emanual Lutheran Church reminded Council that the City approved a no-
interest loan to the church through Electric Utility for a charge that was due while the church was
under construction. He reported the church is repaying the loan earlier than anticipated and
presented the check to Deputy City Manager Andrew Keys. He thanked the City for assisting the
church in this manner and for its patience.
Mamie Starr, member of the Lodi Sandhill Crane Festival board, announced the 21st annual
Sandhill Crane Festival will take place over the upcoming weekend, Friday, November 3 through
Sunday, November 5, 2017, at Hutchins Street Square. She invited Council and the public to
attend the event, explaining there is no charge to visit the exhibits and hear presentations and
only a small fee to participate in tours. She estimated there will be 50 tours over the three-day
event and stated there are a few reserved spaces for Council should they wish to attend. Anyone
interested was encouraged to visit www.cranefestival.com for more information or visit
Hutchins Street Square to purchase tickets on a walk-in basis, as registration is closed. Ms. Starr
thanked the City for the use of the Square and assistance with permits and thanked Parks,
Recreation, and Cultural Services for providing access to the wastewater treatment plant, ponds,
and Lodi Lake for a sunset tour.
Council Member Chandler endorsed the Festival and encouraged the public to participate in the
Friday night fly-in because it is a stellar sight.
Mayor Kuehne agreed, stating the event is an amazing educational session with great speakers,
food, and entertainment.
Ms. Starr added that, for those who cannot attend the Festival or a tour, the cranes are in the
area from the middle of September to mid-February and can be viewed along Woodbridge Road,
west of Interstate 5.
Mushtaq Tahirkheli commented that he believes Lodi lacks adequate places for students to study
or learn in the community. He stated that Lodi spends a significant amount of money on the
Library, yet he suggested that 99 percent of books on the shelves are donated by the public and
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are not new. Further, he complained that the Library's computers are outdated with Windows 7
and cannot be updated to Windows 10 because they are not 64-bit. He recommended
Lodi budget dollars to update its book supply and computers to benefit local students so they may
receive a better education.
Mayor Pro Tempore Nakanishi stated Lodi's Library is highlighted as one of the best offerings in
Lodi and has an amazing partnership with the Library Foundation. At the request of Mayor Pro
Tempore Nakanishi, City Manager Schwabauer explained that the Lodi Library is unique because
it is the only municipal library in San Joaquin County funded by fundraising or taxes from the
general fund, while most communities have libraries funded by a special tax or by the County.
The Lodi City Council prioritizes $1.3 million a year in revenue on operations and maintenance of
the Library. Recently, Council approved the roof replacement, Teen Scene project, WiFi update,
and a learning center with new computers for homework help, amounting to $4 million over the
last four years. Any child in San Joaquin County can receive assistance at the Lodi Public Library.
Mr. Schwabauer stated the Library spends $120,000 a year to replace books and confirmed
books are donated to the Friends of the Library, which are then sold to purchase new books for
the Library.
Mayor Kuehne added that Lodi also has access to a large library of electronic material through
the County's system, which is the preferred method among most young people.
City Attorney Magdich stated the Library also offers inter-library transfers to secure books on loan
from other libraries.
Council Member Chandler recognized the City's partnership with the Lodi Library Foundation, the
Library's after-school program that helps students with homework, the adult literacy program, and
the Library's latest addition of www.ancestry.com. He stated he routinely donates and purchases
books from the Friends of the Library. Council Member Chandler acknowledged staff for doing a
tremendous job in making the Library a community gathering spot.
Mike Lusk provided comments regarding the recent Shirtsleeve Session relating to customer
service improvements and expressed concern about the cost of the proposed remodel of the
lobby at the Finance Department. He stated former Deputy City Manager Jordan Ayers resolved
many of the problems brought up by the public, but he believes the long lines and lack of open
windows is still an issue that needs to be resolved. Mr. Lusk stated the lobby is clean and
presentable and feels there is no need to spend money to remodel it. With regard to the change
in billing cycles from seven to four, Mr. Lusk expressed concern that some rate payers may be
penalized with a lengthy cycle that could extend into a higher billing tier, which could significantly
increase their bills. He asked the City to take that into consideration when adjusting and merging
the billing cycles.
Mr. Schwabauer responded the initial driver for remodeling the lobby was to open up more
windows for handling all tasks and to free up additional staff. The Department will still, of course,
be subject to vacations and sick time that could effect window availability. Additionally, there are
minor delays in lines due to lack of visibility between Customer Service Representatives
and customers, which would be rectified in the remodel. He stated that Council also expressed
discomfort with the cost of the remodel project and staff responded that it would pare down
project costs. Another change to the lobby will include a payment kiosk, which will add greater
capacity in the lobby, with another kiosk located outside, monitored by cameras and available
24/7. Mr. Schwabauer stated he understands Mr. Lusk's concern regarding the change in billing
cycles and that he and Deputy City Manager Keys will discuss the matter further.
Deputy City Manager Andrew Keys agreed there are some customer service issues that still need
to be addressed and staff will continue to update Council on the progress. Additionally, staff will
review options for the lobby remodel that will still provide flexibility but at a better cost to the City.
Mr. Keys further explained that shortening billing cycles will lower staff time, which will free up
resources for other services. He explained the hope is to shorten cycles, not lengthen them,
adding that the City will look at waiving fees during the changeover because of difficulties
associated with the adjustment.
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E. Comments by the City Council Members on Non-Agenda Items
Mayor Kuehne reported on his attendance at the Local Agency Formation Commission (LAFCO)
conference in San Diego, stating the group's name may change to make it clearer what LAFCO
does. He also toured San Diego's desalinization plant and power plant where he learned it costs
$2,500 per acre foot to desalinate the water. City Manager Schwabauer confirmed Lodi pays
$220 per acre foot.
F. Comments by the City Manager on Non-Agenda Items - None
G. Public Hearings
G-1 Public Hearing to Consider Unmet Transit Needs in Lodi (PW)
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Kuehne called for the public hearing to consider unmet
transit needs in Lodi.
Transportation Planner Julia Tyack provided a presentation regarding unmet transit needs in
Lodi. Specific topics of discussion included requirement for San Joaquin Council of Governments
(SJCOG) to conduct annual assessments; opportunity for public to express transit needs not
being met; fifth public hearing held in the County with nine more scheduled through the end of the
year; public workshop at the Transit Station, during which comments were received relating to
coordination with different services, such as Altamont Commuter Express station, and service to
other locations, such as Jackson and Sacramento; offer of free rides to and from this public
hearing with flyers posted on buses, at City Hall, and the Transit Station, as well as the website;
and comment period through December. Ms. Tyack introduced Rob Cunningham with SJCOG
and Jeff Kohlhepp with MV Transportation.
Mayor Kuehne opened the public hearing for public comment.
Rob Cunninham with SJCOG reported this annual process is required by the Transportation
Development Act before any Local Transportation Funds can be assessed. During last year's
cycle, an unmet transit need was raised relating to non-emergency medical transportation
to San Francisco and surrounding Bay Area to non-private medical facilities. The Board
determined this was a reasonable need and has been working with the Regional Transportation
District on this over the last few months. It is anticipated the project will come before the SJCOG
Board on November 16, 2017, for approval and application of funding to operate the service.
There being no further public comments, Mayor Kuehne closed the public hearing.
Mayor Kuehne stated he sits on the SJCOG Board and shared a story about a child in the
Cancer Kids program who passed away recently because his mother could not leave work to get
him to the Bay Area for treatment. He stressed the importance of ride-share programs, adding
that for some it is a life-and-death issue.
There was no action required on this item.
G-2 Public Hearing to Consider Adopting Resolution Setting Pre-Approved Engineering News
Record Adjustment Index for Usage-Based and Flat Water Rates for Residential,
Commercial, and Industrial Customers (PW)
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Kuehne called for the public hearing to consider adopting a
resolution setting pre-approved Engineering News Record adjustment index for usage-based and
flat water rates for residential, commercial, and industrial customers.
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Mayor Kuehne opened the public hearing for the purpose of continuing the hearing to January 17,
2018.
Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to continue
the public hearing to January 17, 2018, to consider adopting a resolution setting pre-approved
Engineering News Record adjustment index for usage-based and flat water rates for residential,
commercial, and industrial customers.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
G-3 Public Hearing to Consider Adopting Resolution Setting San Joaquin County Multi-Species
Habitat Conservation and Open Space Plan Development Fees for 2018 (CD)
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Kuehne called for the public hearing to consider adopting a
resolution setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan
development fees for 2018.
City Planner Craig Hoffman provided a presentation regarding the San Joaquin County Multi-
Species Habitat Conservation and Open Space Plan development fees for 2018. Specific topics
of discussion included Lodi's involvement in the Plan since 2001; schedule of fees to be paid by
property owners who develop on properties without agricultural uses, which are reviewed
annually; mitigation of new development on habitat lands; requirement of all jurisdictions in the
County to approve the fees in order to be included in the Plan; increase in fees of 9 percent in
2018 and 14 percent in 2017; areas in the County with increased development; benefits of the
Plan; and San Joaquin Council of Governments' (SJCOG) approval of the 2018 fee schedule on
September 28, 2017, effective January 1, 2018.
Mayor Kuehne opened the public hearing for public comment.
There being no public comments, Mayor Kuehne closed the public hearing.
Mayor Kuehne explained that developers come before the SJCOG Board, on which he sits, to
mitigate land uses and this process allows developers to reduce costs and fast-track the process.
He used the example that, if a project is in a riparian area, the developer is required to
purchase matching riparian land and SJCOG will then buy land in large areas, versus sporadic
locations.
Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2017-206 setting San Joaquin County Multi-Species Habitat Conservation and
Open Space Plan development fees for 2018.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
H. Communications – None
I. Regular Calendar
I-1 Adopt Resolution Transferring $335,725 from Parks, Recreation and Cultural Services
Fund Balance and $46,775 from Art in Public Places Fund Balance to PRCS Operating
Funds and Parks Capital; Appropriating Funds for Repairs, Maintenance, Contract
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Services and Marketing; and Authorizing City Manager to Execute Professional Services
Agreement with Casey Printing, Inc., of King City, for Recreation Activity Guide Design,
Printing and Distribution Services (Not to Exceed $273,370) (PRCS)
Parks, Recreation and Cultural Services Director Jeff Hood provided a PowerPoint presentation
regarding the transfer and appropriating of Parks, Recreation and Cultural Services (PRCS)
funds. Specific topics of discussion included PRCS Fiscal Year 2016/17 financials, FY 2017/18
fund balance, Art in Public Places (AiPP) transfer and expenditures, expenditures and funding
balances, spending plan, one-time expenditures, other expenditures, Recreation Activity Guide,
and recommendation.
In response to Council Member Chandler, Mr. Hood stated the art impact fee makes up the AiPP
fund. Initially, the City collected 2 percent of all impact fees for the public art program; however,
the policy changed in 2012, at which time it became a stand-alone fee and the actual amount
paid by developers was reduced for various reasons.
In response to Mayor Pro Tempore Nakanishi, Mr. Hood stated the current balance in the AiPP
fund is $150,000 and an average of $46,000 is collected each year; however, that actual
figure has steadily declined with the change in the impact fee program.
In response to Mayor Kuehne, City Manager Schwabauer stated he did not have an exact figure
on how much revenue is coming in, adding that the AiPP fee recently changed because originally
there was no nexus for the fee program. He stated that staff will provide Council with a report on
how much the fee program has raised on an annual basis since it was revised in 2012. In
response to Mayor Kuehne, Mr. Hood confirmed that the 10 percent transfer, as allowed in the
policy to capture administrative costs, had not been collected over the last 10 years and that the
AiPP board, which is made up of commissioners on the Arts, Planning, and Recreation
Commissions, as well as the Site Plan and Architectural Review Committee, oversees the public
art program.
In response to Mayor Pro Tempore Nakanishi, Mr. Hood stated the Department printed
21,000 copies of the Recreation Activity Guide in the past and the proposal is to print 28,000 per
issue three times a year, which will include saturation mailings to targeted groups and a boosted
mailing list. He anticipated the mailings will eventually be scaled back. The new guide will be a
high-quality, visually-striking marketing material because the Department is competing against
other recreational providers. Despite the increased number of printed material on the front end of
the five-year period, Mr. Hood estimated the final contract price will be closer to $250,000 versus
the requested not-to-exceed amount of $273,000 simply because the number of printed copies
will likely shrink over the five years. He further responded that the previous Activity Guide was of
lower quality, the Department is pleased with the new product, and it will be fine-tuned before
finalizing it. He stated there are a few advertisements in the Guide from regular providers and
vendors, including rental opportunities at Hutchins Street Square; however, the Department's
focus is to generate revenue from registration; not advertisements.
Council Member Chandler stated he believes the enhancements to the Guide are justified
because it serves as a marketing tool to increase rentals and participation. He questioned
whether registration has increased due to the higher-quality Guide, to which Mr. Hood responded
it is too soon to tell because the previous Fall Guide is still active for registering participants and,
while there has been an increase in registration, it is difficult to pinpoint it directly to the Guide.
Mr. Hood stated the plan is to do a one-year saturation of three issues and then scale back on
printing and rely more on digital delivery, which is included in the contract cost.
In response to Mayor Kuehne, Mr. Hood stated Council will see plans and specifications soon to
set up pickle ball at Kofu Park, which will likely be ready in early to mid-2018. Mayor Kuehne
stated he believes going back 10 years on the AiPP fund due to staff's failure to collect the
10 percent administrative cost seems punitive; therefore, he would not support the transfer from
AiPP unless it were one year maximum. Further, he stated he believes the Activity Guide does
not need to be that high quality and that it should include advertisements for revenue generation.
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In response to Council Member Chandler, Recreation Manager Jennifer Winn stated there are a
number of anticipated projects for the AiPP fund, including a bicycle rack at the Grape Bowl, bike
racks at other locations and parks, traffic control boxes, and wall murals. Mr. Hood estimated the
Grape Bowl bicycle rack project will cost $3,000, the racks at other locations will amount to
$3,000, and the traffic control boxes are roughly $300 each. Fiscal Year 2014/15 had a high-
priced art project, but typically expenses have been small over the last six to seven years. In
response to Council Member Chandler, Mr. Schwabauer stated AiPP revenue from last fiscal
year was roughly $7,300 and he anticipated it will be higher during 2017/18 given the number of
permits being processed. He summarized the fund will likely grow by $7,000 to $8,000 a year for
the next five years, the cash balance is $158,000, and this action to transfer funds would take
less than a third of the fund.
Mayor Pro Tempore Nakanishi stated he understands the request, but taking the 10 percent
administrative charge for the last 10 years is significant and will hurt the fund. He suggested the
money come from elsewhere, adding he would not support the transfer from the AiPP fund.
Deputy City Manager Andrew Keys stated the Parks fund balance at the end of the year is
$160,000 higher than estimated and the $46,000 could be absorbed if necessary. He explained
the reason for the historical review of the fund, stating it was handled similarly to the Community
Development administrative fund that was overlooked and retroactively charged back. Mayor Pro
Tempore Nakanishi suggested this matter be brought back to Council at a later date for further
discussion.
Mayor Kuehne stated he believes the $150,000 in the AiPP fund could be spent rapidly and listed
a number of possible projects, including maintenance on the Walldog murals, touching up the
faded paint on the water tower, and the proposal for the William G. Mickey project on
Cherokee Lane and Lodi Avenue. He stated he does not support pilfering the AiPP fund and that
it should not be taken retroactively going back 10 years.
MOTION:
Mayor Kuehne made a motion, second by Mayor Pro Tempore Nakanishi, to transfer $335,725
from Parks, Recreation and Cultural Services fund balance, in addition to $46,775 from another
line item in the Parks fund balance (not from the AiPP fund balance), to PRCS operating funds
and Parks capital; appropriate funds for repairs, maintenance, contract services and marketing;
and authorize the City Manager to execute Professional Services Agreement with Casey Printing,
Inc., of King City, for Recreation Activity Guide design, printing and distribution services in an
amount not to exceed $273,370.
In response to Mr. Schwabauer, Mayor Kuehne confirmed that his motion would allow for the
collection of the AiPP administrative charge going forward; not retroactively.
Mr. Keys summarized that the motion would approve all recommendations on the expenditure
side and the transfer, with the exception of the transfer from AiPP, which would instead come
from the Parks fund balance. Mayor Kuehne reiterated that he supports the proposed plan with
the exception of the AiPP portion and that adjustment, if necessary, would come from another line
item in the Parks fund balance. Mr. Keys stated the bottom line of the fund balance will still be
$100,000 more than anticipated if the $46,000 comes out of there instead of the AiPP fund.
Mr. Schwabauer questioned whether the PRCS Director would continue to prioritize the funding
knowing the Parks fund balance would draw down without the recovery of the money from the
AiPP fund. Mr. Hood stated that the projects in the expenditure plan are critical needs that were
ranked by staff as urgent, number-one priorities. He requested that, if Council chooses to reduce
the amount by $46,000, it also reduce the transfer to Parks capital by the same amount because
he has identified other needs in the current budget year that need to be addressed.
Mayor Kuehne reiterated that he approves the total expenditure package and funding, excluding
the AiPP transfer, and moving forward with the 10 percent collection of the AiPP administrative
fees beginning this fiscal year.
In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer explained the funding for the
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expenditure package would come from the Parks fund balance, instead of AiPP, which would
otherwise go to the Parks Capital fund to handle capital emergencies.
Council Member Chandler stated he would not support the motion and prefers staff's proposal to
address the urgent needs in the Department.
Mike Lusk stated he understands the City's challenge in funding the critical needs in this
Department, especially in light of the California Public Employees Retirement System dilemma;
however, he expressed disappointment in the City's past action to reduce developer impact
mitigation fees, which would have collected more money for the Parks budget and prevent rate
payers from subsidizing development. He suggested another initiative be put forth on the 2018
ballot for a one-half percent sales tax, instead of one-quarter.
Mr. Schwabauer pointed out that the motion would not pass on a 2-1 vote and suggested the
matter be brought back when more Council Members were present.
Mr. Hood stated that the Activity Guide item is time sensitive.
No vote was taken on the first motion; instead, the following motion was made.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to adopt
Resolution No. 2017-207 authorizing the City Manager to execute a Professional Services
Agreement with Casey Printing, Inc., of King City, for Recreation Activity Guide design, printing
and distribution services, in an amount not to exceed $273,370.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
I-2 Adopt Resolution Abolishing Art Advisory Board and Lodi Senior Citizens Commission and
Amending Public Art Policy and Arts Commission Bylaws (PRCS)
Parks, Recreation and Cultural Services Director Jeff Hood provided a PowerPoint presentation
regarding abolishing the Art Advisory Board and Lodi Senior Citizens Commission and amending
Public Art Policy and Arts Commission bylaws. Specific topics of discussion included Parks,
Recreation and Cultural Services (PRCS) staffing; boards/commissions supported by PRCS; past
support of Art Advisory Board, Senior, Youth, and Arts Commissions; folding the Art Advisory
Board into the Arts Commission; abolishing Senior Citizens Commission; and recommendation.
Mayor Pro Tempore Nakanishi and Council Member Chandler stated they would first like to hear
comments from the public and any Commissioners present.
Terri Whitmire, member of the Lodi Senior Citizens Commission for the last 25 years, stated the
Commission was notified of the potential dissolving of the Commission only seven days ago via
e-mail; the newspaper reported two days later that the November Commission meeting was
canceled; and staff then e-mailed the Commission that all future meetings were canceled at that
time. She stated there has been no communication with the Commission on this issue and there
has been no open public forum to discuss this with the community. Ms. Whitmire reviewed the
Commission's charge, outcome of the 2015 joint meeting between the Commission and Council,
and results presented to Council in April 2017. Since then, the Commission discussed ways in
which to address its recommendations on a tight budget and reduction in staff. She asked Council
to consider the risk of disbanding the Commission versus the savings of eliminating a one-hour
monthly meeting with the Commission. She stated this message tells the public that seniors are
not worthy of even one hour of time. She encouraged Council to table this matter until it can be
investigated further.
In response to Council Member Chandler, Recreation Supervisor Jennifer Winn stated that in
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2015 a secretary was designated to the Commission and staff attends meetings, takes minutes,
and prepares agendas, which she estimated at roughly six to seven hours a month in addition to
the other four commissions she oversees. In addition, the City Clerk's Office devotes man-hours
to post for Commission meetings.
In response to Mayor Kuehne, Ms. Winn estimated that 5 percent of the Senior Commission's
productivity is an accomplishment and that, in the last seven years, only two items were brought
to Council from the Commission.
Julie Whiteley, member of the Lodi Senior Citizens Commission, stated that, after she was
appointed to the Commission, she reviewed past minutes, including the joint meeting with Council
during which the issue of time commitment was mentioned. The Commission immediately took
action to prepare its own minutes, forward the agenda for posting to the liaison, to forego
attendance, and limit meetings to one hour. The Commission has discussed walkability in Lodi
and worked with the liaison to discover ways to enrich the lives of seniors by offering free and
low-cost courses in the Recreation Activity Guide. Based on the Commission's recent survey,
many seniors feel Lodi needs to improve its offerings and that the community is not age-friendly.
The Commission looked into other offerings, such as the Loel Center; however, it does not want
to duplicate efforts. She encouraged Council to table this item pending further investigation. She
added that Daniel Wilcott, CEO with Adventist Health of Lodi Memorial Hospital, concurs with the
recommendation to table the matter.
Mayor Kuehne pointed out it took over a year for the Senior Commission to complete its survey
and questioned what the Commission has done with the results. Ms. Whiteley stated the
Commission contacted the Lodi Public Library, Loel Center, and hospital to see if they would
provide senior resources. The hospital offered a fall prevention program, and all five
attendees agreed they need assistance in navigating resources in the community. The
Loel Center is a wonderful program, but it does not offer everything needed to support seniors.
The Commission worked with Ms. Winn to incorporate specific senior courses in the Activity
Guide because it should be more inclusive, not just for youth, and worked with Dale Immekus
regarding financial planning for those moving into Medicare.
Pat Patrick, President of the Lodi District Chamber of Commerce, expressed his concern
regarding this matter, both as the Chamber President and as a citizen. He stated he agrees there
is no longer a nexus between PRCS and the Senior Citizens Commission and he is sympathetic
to the Department's fiscal challenges. In response to Mr. Patrick, Ms. Winn confirmed that only 11
individuals signed up for the walking program. He stated there is a strong need for low-cost senior
housing, as well as resource and referral services. He stated the senior population is steadily
increasing and questioned who will advocate for them in the future if the Senior Commission is
abolished. He recommended that Council not abolish the Commission and, instead, move it out of
PRCS to work with Council representatives as a fresh start and redirection for the Commission.
He further suggested the faith community may be able to bring in ideas, money, and people to aid
in the Commission's endeavors.
Spencer Dayton agreed with the recommendation to not abolish the Commission, adding that if
the City dissolves the Senior Citizens Commission, it should also do away with the
Youth Commission because it would be discriminatory to cut one and not the other. He stated he
believes the Commission needs better advertising of the meetings and questioned how many
seniors know how to use the Internet adequately.
Mushtaq Tahirkehli shared that Mr. Patrick assisted him with a problem downtown and, because
of that, he trusts and supports his recommendation.
Mike Lusk stated he was unclear of the problem and whether the issue was inadequate staff time
to devote to the Commission, no location to hold the meetings, lack of resources available on a
day-to-day basis for citizens to receive assistance, or all of the above. He stated he volunteers
with Hospice of San Joaquin County, which has an office in Lodi and provides referral services,
and suggested tying Hospice with the Commission to coordinate senior referrals and use of its
conference room.
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Mr. Schwabauer stressed there should be no confusion about the City's commitment to seniors.
The City has invested millions of dollars toward the senior community over the years, including
the downtown Hotel Lodi that meets low-income senior housing needs; the $5 million
Tienda Drive affordable housing project; the Activity Guide that devotes a number of activities to
seniors; programming for seniors at both Hutchins Street Square and PRCS, including investment
in the pool; and the contributions toward the Loel Center and its programs, including Meals on
Wheels and kitchen renovation.
Mayor Kuehne suggested tabling the Senior Commission portion of the item until a full Council
can be present and stated he would support the remaining recommendations.
Council Member Chandler stated he agreed, however, not for lack of a full quorum. Instead, he
would like further information on the Commission before the matter comes back.
Mayor Pro Tempore Nakanishi agreed, stating he believes the Commission should not be
abolished, it is likely being managed by the appropriate Department because of the day care
programs, and that perhaps the meetings can reduce to every couple of months to be less of an
impact on staff and the Department.
Mayor Kuehne made a motion, second by Council Member Chandler, to adopt Resolution
No. 2017-208 abolishing the Art Advisory Board and amending Public Art Policy and
Arts Commission bylaws; and further to bring the issue relating to abolishment of the Lodi Senior
Citizens Commission back to Council at a later date for further discussion.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
J. Ordinances
J-1 Adopt Ordinance No. 1947 Entitled, “An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 9 – Public Peace, Morals and Welfare – by Repealing Chapter 9.30,
‘Medicinal Marijuana,’ in Its Entirety; Amending Lodi Municipal Code Title 8 – Health and
Safety – by Repealing Chapter 8.30, ‘Marijuana Cultivation,’ in Its Entirety; and Further
Enacting Chapter 8.30, ‘Regulation of Medicinal and Adult-Use Cannabis within the City of
Lodi’” (CLK)
Spencer Dayton stated he was unable to attend the October 18, 2017, meeting when this
ordinance was introduced and wanted an opportunity to provide his comments. He stated he
believes people should have access to medication and agrees with Council Member Mounce that
Council should reconsider the option for delivery of medical cannabis in Lodi. Patients are forced
to drive to Berkeley and other locations to obtain their medicine because Lodi does not allow
medicinal dispensaries. He requested Council reconsider the ordinance and allow delivery of
medical cannabis in Lodi.
City Attorney Magdich reported there are medical marijuana dispensaries in Stockton and several
in Sacramento that will be licensed for retail after January 1, 2018.
In response to Council Member Chandler, Ms. Magdich explained the ordinance allows a
caregiver to acquire medicinal cannabis, bring the product into the City, and provide to their
patient. The ordinance is worded so no one is delivering medical or adult-use recreational
cannabis in the community.
Mayor Pro Tempore Nakanishi 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. 1947 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
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Code Title 9 - Public Peace, Morals and Welfare - by Repealing Chapter 9.30, 'Medicinal
Marijuana,' in Its Entirety; Amending Lodi Municipal Code Title 8 - Health and Safety - by
Repealing Chapter 8.30, 'Marijuana Cultivation,' in Its Entirety; and Further Enacting
Chapter 8.30, 'Regulation of Medicinal and Adult-Use Cannabis within the City of Lodi,'" which
was introduced at a regular meeting of the Lodi City Council held October 18, 2017.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: Council Member Johnson, and Council Member Mounce
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
9:24 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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