HomeMy WebLinkAboutMinutes - June 20, 2018LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 20, 2018
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of June 20, 2018, was called to order by Mayor Nakanishi at
6:05 p.m.
Present: Council Member Johnson, Council Member Kuehne, Mayor Pro Tempore Mounce, and
Mayor Nakanishi
Absent: Council Member Chandler
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: Council Member Johnson participated via teleconference.
NOTE: Council Member Kuehne arrived at 6:28 p.m.
C-2 Announcement of Closed Session
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)
b) Actual Litigation: Government Code §54956.9; Three Worker’s Compensation Cases; Michael
Oden v. City of Lodi; ADJ Case No. 0625236 (DOI: 11/11/2015); ADJ Case No. 10625159 (DOI:
04/29/2015-04/29/2016); and ADJ Case No. 1141603 (DOI: 04/20/1996) (CA/Risk)
C-3 Adjourn to Closed Session
At 6:05 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:51 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:03 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions.
Items C-2a) and C-2b) were discussion and direction given with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of June 20, 2018, was called to order by Mayor Nakanishi at 7:03
p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: Council Member Johnson participated via teleconference.
NOTE: Council Member Chandler arrived at 7:27 p.m.
B. Presentations
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B-1 Parks Make Life Better Month Proclamation (PRCS)
Mayor Nakanishi presented a proclamation to Parks, Recreation and Cultural Services Deputy Director
Cathi DeGroot proclaiming the month of July 2018 as "Parks Make Life Better Month" in Lodi.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, 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, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor
Nakanishi
Noes: None
Absent: Council Member Chandler
C-1 Receive Register of Claims in the Amount of $9,996,950.26 (FIN)
Claims were approved in the amount of $9,996,950.26.
C-2 Approve Minutes (CLK)
The minutes of June 5, 2018 (Shirtsleeve Session), June 6, 2018 (Regular Meeting), and June 12, 2018
(Shirtsleeve Session) were approved as written.
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Police Station
Sanitary Sewer Lift Station Improvements and Adopt Resolution Authorizing Sole-Source
Procurement of Flygt Concertor Submersible Pump System from Shape, Inc. (PW)
Approved plans and specifications and authorized advertisement for bids for Police Station Sanitary
Sewer Lift Station Improvements and adopted Resolution No. 2018-113 authorizing the sole-source
procurement of Flygt Concertor Submersible Pump System from Shape, Inc.
C-4 Adopt Resolution Awarding Contract for 2018-2019 Transit Station Landscape Maintenance to
New Image Landscape Company, of Fremont ($30,100) (PW)
Adopted Resolution No. 2018-114 awarding the contract for 2018-2019 Transit Station Landscape
Maintenance to New Image Landscape Company, of Fremont, in the amount of $30,100.
C-5 Adopt Resolution Rejecting Lowest Bid and Awarding Contract for 2018-2019 Asphalt Materials
to George Reed, Inc., of Modesto ($97,295) (PW)
Adopted Resolution No. 2018-115 rejecting the lowest bid and awarding the contract for 2018-2019
Asphalt Materials to George Reed, Inc., of Modesto, in the amount of $97,295.
C-6 Adopt Resolution Awarding Contract for Vinewood Pump Station Electrical Improvements to
Howk Well & Equipment Company, Inc., of Modesto ($111,610) and Appropriating Funds
($20,000) (PW)
Adopted Resolution No. 2018-116 awarding the contract for Vinewood Pump Station Electrical
Improvements to Howk Well & Equipment Company, Inc., of Modesto, in the amount of $111,610 and
appropriating funds in the amount of $20,000.
C-7 Adopt Resolution Rejecting Lowest Bid and Awarding Contract for 2018 GrapeLine Bus Stop
Accessibility and Shelter Improvements to F. Loduca Company, of Stockton ($394,596) (PW)
Adopted Resolution No. 2018-117 rejecting the lowest bid and awarding the contract for 2018
GrapeLine Bus Stop Accessibility and Shelter Improvements to F. Loduca Company, of Stockton, in the
amount of $394,596.
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C-8 Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2018/19 with
United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for
Downtown Cleaning ($64,352), Transit Facility Cleaning ($51,234), and Hutchins Street Square
Landscape Maintenance ($20,879) (PW)
Adopted Resolution No. 2018-118 authorizing the City Manager to execute contracts for Fiscal Year
2018/19 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for
Downtown Cleaning, in the amount of $64,352, Transit Facility Cleaning, in the amount of $51,234, and
Hutchins Street Square Landscape Maintenance, in the amount of $20,879.
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to 2016-2018 Tree
Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($200,000), Including
Consumer Price Index Adjustments to Contract Unit Prices (PW)
Adopted Resolution No. 2018-119 authorizing the City Manager to execute Amendment No. 1 to 2016-
2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in the amount $200,000,
including Consumer Price Index adjustments to contract unit prices.
C-10 Adopt Resolution Rejecting All Bids for Cluff Avenue (Northeast) Sewer Lift Station
Improvements (PW)
Adopted Resolution No. 2018-120 rejecting all bids for Cluff Avenue (Northeast) Sewer Lift Station
Improvements.
C-11 Accept Improvements Under Contract for Alley Improvement Project – Phase 6 (PW)
Accepted improvements under the contract for Alley Improvement Project - Phase 6.
C-12 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with
Jorgensen & Son, Inc., of Modesto, for Citywide Fire Extinguisher Maintenance ($30,000) (PW)
Adopted Resolution No. 2018-121 authorizing the City Manager to execute a Professional Services
Agreement with Jorgensen & Son, Inc., of Modesto, for Citywide fire extinguisher maintenance, in the
amount of $30,000.
C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with
A & A Electric, of Acampo, for Citywide Electrical Repair Services ($30,000) (PW)
This item was pulled from the agenda at staff's request.
C-14 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional
Services Agreement with Bagley Enterprises, Inc., of Lodi, for Fuel Island Repair and
Maintenance ($15,000) (PW)
Adopted Resolution No. 2018-122 authorizing the City Manager to execute Amendment No. 2 to
Professional Services Agreement with Bagley Enterprises, Inc., of Lodi, for fuel island repair and
maintenance, in the amount of $15,000.
C-15 Adopt Resolution Authorizing City Manager to Execute Change Order No. 5 to Professional
Services Agreement with WMB General Contractors for Ergonomic, Fire Suppression, and
Americans with Disabilities Act Upgrades to Lodi Electric Utility Operations Center and SCADA
Control Room ($32,436) (EU)
Adopted Resolution No. 2018-123 authorizing the City Manager to execute Change Order No. 5 to
Professional Services Agreement with WMB General Contractors for ergonomic, fire suppression, and
Americans with Disabilities Act upgrades to Lodi Electric Utility Operations Center and SCADA Control
Room, in the amount of $32,436.
C-16 Adopt Resolution Authorizing City Manager to Execute Third Amendment to Workers’
Compensation Self-Insurance Service Agreement with York Risk Services Group, Inc., of
Roseville ($128,894) (CM)
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Adopted Resolution No. 2018-124 authorizing the City Manager to execute Third Amendment to
Workers' Compensation Self-Insurance Service Agreement with York Risk Services Group, Inc., of
Roseville, in the amount of $128,894.
C-17 Adopt Resolution Approving Final Maps and Authorizing City Manager to Execute Improvement
Agreements for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 2, Tract No. 3919, and
Villa Fiore Subdivision, Tract No. 3960 (PW)
Adopted Resolution No. 2018-125 approving Final Maps and authorizing the City Manager to execute
Improvement Agreements for Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 2, Tract No. 3919,
and Villa Fiore Subdivision, Tract No. 3960.
C-18 Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for
225 North Guild Avenue (PW)
Council Member Kuehne questioned how long into the future the improvements would be deferred, to
which Public Works Director Swimley responded he anticipates the project will be completed in mid-
2019.
Adopted Resolution No. 2018-126 authorizing the City Manager to execute Improvement Deferral
Agreement for 225 North Guild Avenue.
C-19 Adopt Resolution Authorizing City Manager to Accept Grant Administered by Department of
Alcoholic Beverage Control ($42,867) (PD)
Adopted Resolution No. 2018-127 authorizing the City Manager to accept grant administered by
Department of Alcoholic Beverage Control, in the amount of $42,867.
C-20 Adopt Resolution Authorizing City Manager to File Claim for Fiscal Year 2017/18 Transportation
Development Act Funds from Local Transportation Fund ($3,968,313) and State Transit
Assistance Fund ($45,867) (PW)
Adopted Resolution No. 2018-128 authorizing the City Manager to file claim for Fiscal Year 2017/18
Transportation Development Act funds from Local Transportation Fund, in the amount of $3,968,313,
and State Transit Assistance Fund, in the amount of $45,867.
C-21 Adopt Resolution Approving Letter of Support from City of Lodi for City of Lathrop Groundwater
Basin Boundary Modification Request (PW)
Adopted Resolution No. 2018-129 approving letter of support from City of Lodi for City of Lathrop
groundwater basin boundary modification request.
C-22 Post for Vacancies on Lodi Arts Commission (CLK)
Directed City Clerk to post for the following vacancies:
Lodi Arts Commission
Ben Burgess, term to expire July 1, 2018
Nancy Ahlberg Mellor, term to expire July 1, 2018
Sandi Walker-Tansley, term to expire July 1, 2018
Richard Dentino, term to expire July 1, 2019
C-23 Adopt Resolution Declaring Intention to Annex Territory to Community Facilities District
No. 2007-1 (Public Services) and to Levy a Special Tax to Pay for Certain Public Services
(Annexation No. 7); and Setting a Public Hearing for August 1, 2018 (PW)
Adopted Resolution No. 2018-130 declaring intention to annex territory to Community Facilities District
No. 2007-1 (Public Services) and to levy a special tax to pay for certain public services (Annexation No.
7); and setting a public hearing for August 1, 2018.
C-24
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Set Public Hearing for August 1, 2018, to Consider and Approve an Amendment of Community
Development Block Grant (CDBG) 2017-18 Annual Action Plan to Accommodate Reallocation of
Unused CDBG Funds (CD)
Set public hearing for August 1, 2018, to consider and approve an amendment of Community
Development Block Grant (CDBG) 2017-18 Annual Action Plan to accommodate reallocation of unused
CDBG funds.
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.
Omair Nasim commented on Item G-2, which is scheduled to be continued to the City Council meeting
of July 18, 2018, stating that the parties worked together to come to a resolution regarding the gas
station project at 141 East Harney Lane and the safety concerns regarding the shared driveway on
Stockton Street. The project will include a barrier separating the easement driveway, installation of a
concrete barrier and safety bollards to impede traffic from crossing over to the neighboring property,
and installation of shrubs and plants to mitigate the visual aspects. These amendment also address the
concerns of the fuel supplier. He stated he hopes Council will support the project at the next meeting.
Michael Tener, parent of children at the Montessori School, stated he supports the amended plan as
proposed because it addresses the traffic safety concerns and expressed appreciation to Mr. Nasim,
the school, and City staff for working together to come to a resolution.
E. Comments by the City Council Members on Non-Agenda Items
Mayor Pro Tempore Mounce thanked the Police Department and Code Enforcement Division for quickly
taking care of a Lodi home that was overrun by transients who were destroying the property with drug
activity, human waste and garbage collecting along the side of the house, and individuals living in
vehicles on the property. The tenants had left the home, and the property owners discovered it was
being occupied by homeless. She added that there needs to be a strong stance against heroin addicts
who are destroying property.
F. Comments by the City Manager on Non-Agenda Items
None.
G. Public Hearings
G-1 Continue Public Hearing to August 1, 2018, to Consider Adopting Resolution Authorizing
City Manager to Execute Reimbursement Agreement RA-18-01 for Public Improvements
Constructed with Lodi Shopping Center (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 Nakanishi called for the public hearing to consider adopting resolution
authorizing the City Manager to execute Reimbursement Agreement RA-18-01 for public improvements
constructed with Lodi Shopping Center.
City Manager Schwabauer informed Council that the recommended action is to continue this hearing to
August 1, 2018 and, because there is no staff report before Council, it cannot act on the matter. The
applicant would like the matter to move forward at this time; however, staff is not prepared to do so. He
recommended Council open the hearing and continue the matter to August 1, 2018.
Mayor Nakanishi opened the public hearing for public comment.
Darryl Browman expressed frustration that the reimbursement agreement has been delayed three times
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and requested that Council direct staff to put all its efforts into ensuring this matter goes forward no later
than August 1, 2018. He further requested staff also look into three to four statutory provisions in the
ordinance that need consultation and direction on what needs to be done. He pointed out this is the
same reimbursement agreement form and methodology the City has used in the past and requested
there be no more delays in the matter because his firm is carrying $3.6 million of improvements, which
is a burden on the small business.
Mayor Nakanishi and Mayor Pro Tempore Mounce requested staff expedite the matter and move it
forward as quickly as possible to find a resolution.
NOTE: Council Member Chandler arrived at 7:27 p.m.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, to continue public
hearing to August 1, 2018, to consider adopting resolution authorizing the City Manager to execute
Reimbursement Agreement RA-18-01 for public improvements constructed with Lodi Shopping Center.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
G-2 Continue Public Hearing to July 18, 2018, to Consider Appeal of Omair Nasim / DN Acquisitions,
LLC, for Reconsideration of Planning Commission Project Denial, 141 East Harney Lane (CD)
NOTE: This item is a quasi-judicial hearing and requires disclosure of ex parte communications
as set forth in Resolution No. 2006-31.
Notice thereof having been published according to law, an affidavit of which publication is on file in the
office of the City Clerk, Mayor Nakanishi called for the public hearing to consider appeal of Omair
Nasim / DN Acquisitions, LLC, for reconsideration of Planning Commission project denial, 141 East
Harney Lane.
City Manager Schwabauer stated the recommended action is to open the hearing and continue the
matter to July 18, 2018.
Mayor Nakanishi opened the public hearing.
Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to continue public
hearing to July 18, 2018, to consider appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration
of Planning Commission project denial, 141 East Harney Lane.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
G-3 Public Hearing to Consider Adopting Resolution Approving Planning Commission’s
Recommendation to Authorize Eight Medium-Density Residential Growth Management
Allocations for Tienda Square Subdivision (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 Nakanishi called for the public hearing to consider adopting resolution
approving Planning Commission's recommendation to authorize eight Medium-Density Residential
Growth Management Allocations for Tienda Square Subdivision.
City Planner Craig Hoffman provided a presentation regarding the Planning Commission's
recommendation to authorize eight Medium-Density Residential Growth Management Allocations for
Tienda Square Subdivision. Specific topics of discussion included Planning Commission meeting and
4-0 approval of request, vicinity map, existing house on site, eight allocations, and in-fill project.
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Mayor Nakanishi opened the public hearing for public comment.
There being no public comments, Mayor Nakanishi closed the public hearing.
Mayor Pro Tempore Mounce stated she previously has not supported Growth Management Allocation
requests because they were for large housing complexes and the City does not have the infrastructure
to accommodate that kind of housing development; however, this is a rare, in-fill project, and she stated
she would support the request because it is growing in, not out.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, to adopt Resolution
No. 2018-131 approving Planning Commission's recommendation to authorize eight Medium-Density
Residential Growth Management Allocations for Tienda Square Subdivision.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
G-4 Public Hearing to Consider Resolution Adopting Final Engineer’s Annual Levy Report for Lodi
Consolidated Landscape Maintenance Assessment District No. 2003-1, Fiscal Year 2018/19;
and Ordering Levy and Collection of Assessments (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 Nakanishi called for the public hearing to consider resolution adopting
Final Engineer's Annual Levy Report for Lodi Consolidated Landscape Maintenance Assessment
District No. 2003-1, Fiscal Year 2018/19; and ordering levy and collection of assessments.
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding Landscape
Maintenance Assessment District No. 2003-1. Specific topics of discussion included Landscape
Maintenance Assessment District No. 2003-1 zones, 2018/19 budget, and comparison of assessments.
Mayor Nakanishi opened the public hearing for public comment.
There being no public comments, Mayor Nakanishi closed the public hearing.
Council Member Kuehne made a motion, second by Council Member Chandler, to adopt Resolution
No. 2018-132 adopting Final Engineer's Annual Levy Report for Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1, Fiscal Year 2018/19; and ordering levy and collection of
assessments.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
H. Regular Calendar
H-1 Introduce Ordinance Enacting On-Going General Retail Transactions and Use Tax of One-Half
Cent (0.50) Per Dollar to Protect Lodi’s Essential City Services, to be Collected and
Administered by the California Department of Tax and Fee Administration, Subject to Adoption
by the Electorate (CM / CA)
City Manager Stephen Schwabauer provided a PowerPoint presentation regarding 2018 City services
revenue measure overview. Specific topics of discussion included five-year budget forecast, upcoming
action, strategic pursuit of revenue measure, aligning City needs with voter support, public
engagement, public comments, ballot package, project list, draft proposed ballot question, legal
framework, and key dates.
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Mayor Pro Tempore Mounce questioned the makeup of the oversight committee and stated she would
only support the measure if the ordinance language were amended to require the committee to meet
four times a year and that at least two of the members be certified public accountants. Ms. Magdich
pointed out that the revenue and expenses will be reviewed by outside auditors as part of the
comprehensive annual financial report process.
Council Member Kuehne stated he would support Mayor Pro Tempore Mounce's recommendations
regarding the oversight committee and that he will support the proposed sales tax measure so Lodi can
continue to provide services, public safety officers, and meet its goals while addressing the pension
problem. He stated that, while he does not wish to raise taxes, he has a responsibility to ensure citizens
have a safe and cared-for city.
Council Member Chandler disagreed with Mayor Pro Tempore Mounce's recommendation to increase
the number of oversight committee meetings, stating that a frequency of more than once a year is
acceptable, but four times is too much. He would like to see some expertise on the committee and a
reasonable number of meeting times. Further, Council Member Chandler stressed the importance of
maintaining reserves because it helps with the City's bond ratings and stated the tax measure would
provide funds to allow the City to continue providing current services.
Mayor Pro Tempore Mounce cautioned about two pieces of legislation that could negatively effect the
City's collection of sales taxes: one is the reallocation of sales tax that will change how sales tax is
distributed by calculating it at the point of destination vs. where purchased and the other is the potential
measure that could require all sales tax increases to be approved on a 2/3 vote, which would be
retroactive to this measure if it were to pass.
John Slaughterback stated he is convinced on the need for a sales tax increase, but suggested that
certain problems within the City should be corrected along with the sales tax increase including
eliminating enhanced retirement packages, encouraging employees to stay longer instead of retiring
after a three- to five-year timeframe, and reducing overtime and other fringe benefits. He stated if these
internal issues are not corrected, the tax increase revenue will only be a temporary fix.
Mike Lusk stated he supports the proposed sales tax measure and pointed out it would be paid by Lodi
residents, as well as by visitors who buy taxable items in Lodi. Further, he agreed that the oversight
committee should meet four times a year because there will be a significant learning curve to
understand the City's budget and financing. He recommended the citizens pass the sales tax measure
because the City needs it.
Gary Wiman - 23-year City employee, President of the Lodi Mid-Management Association, business
owner, and Director of the Downtown Business Alliance - spoke as a citizen in support of the sales tax
measure. He stated the pension matter is a real issue that negatively effects the safety, cleanliness,
and viability of the city. He stated that both residents and visitors alike will help fund the
services they use when they spend money in Lodi on taxable items. He expressed concern for the
decline in public safety staff and staff to maintain the City's assets. He believes, based on the 2016
sales tax measure attempt, that a majority of citizens will support the measure.
Greg Goehring spoke in opposition to the proposed sales tax measure, stating the City should be
truthful in its message to the electorate by mentioning the pension issue as the primary reason behind
the measure. He quoted City Manager Schwabauer from a recent newspaper article and questioned
why the City is not joining the terminated agency bill he referenced that would create an automatic
reduction. Mr. Goehring suggested the City cut pension benefits instead of implementing a sales tax
increase, cut non-essential services that few people utilize, and use charities or philanthropical
organizations to perform City services. He used the City of Irvine as an example, stating it does not
have a Fire Department but it manages to get by with its services.
Jim Shoemaker stated this subject continues to return and that the City will likely come back in three
years asking for money again. He stated cities should take a stronger stand against the State and put
greater pressure on them to make significant changes to the pension system. He encouraged the City
to utilize individuals and organizations who offer their services to help the City instead of returning to
citizens with the same idea for a sales tax measure.
Mayor Pro Tempore Mounce stated she typically does not vote in support of rate or tax increases;
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however, she will support putting this measure on the ballot to give citizens a choice because
something must be done to protect the City and its citizens.
Mayor Nakanishi stated he will support putting forth this measure to provide citizens the opportunity to
vote on it based on the City's unfortunate position with the pension issue and because, if nothing is
done, the City will be stuck.
Discussion ensued among Council and City Attorney Magdich regarding ordinance language for the
oversight committee, and it was determined the committee would meet a minimum of three times per
year including the annual report to Council to review the expenditures and revenues collected. Further,
it was determined that at least two of the committee members would be certified public accountants or
the equivalent in order to include alternatives for other accounting professionals. Ms. Magdich pointed
out that commission applications will be reviewed by Council, which has the authority to make the final
decision.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, to introduce
Ordinance No. 1953 enacting on-going general retail transactions and use tax of one-half cent (0.50)
per dollar to protect Lodi's essential City services, to be collected and administered by the California
Department of Tax and Fee Administration, subject to adoption by the electorate, including amended
language to the ordinance establishing that the oversight committee will meet a minimum of three times
per year including the annual report to Council to review the expenditures and revenues collected and
that at least two of the committee members will be certified public accountants or the equivalent.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
RECESS
At 9:15 P.M., Mayor Nakanishi called for a recess, and the City Council meeting reconvened at 9:22
p.m.
H-2 Introduce Ordinance Amending Lodi Municipal Code Title 12 – Streets, Sidewalks and Public
Places – by Repealing and Reenacting Section 12.12.170, “Beach Structures,” in Its Entirety;
and Further Repealing and Reenacting Section 12.16.100, “Activity Requiring a Park Permit,” in
Its Entirety (PRCS)
Parks, Recreation and Cultural Services Deputy Director Cathi DeGroot provided a PowerPoint
presentation regarding the Park Structures Ordinance. Specific topics of discussion included parks
where structures have been found, problems created by structures, Parks & Recreation Commission
recommendation, proposed ordinance revisions, types of allowed structures, activity requiring a Park
permit, similar ordinances elsewhere, and staff recommendation.
Council Member Kuehne stated he supports the language change and questioned when the new signs
will go up in the parks, to which Ms. DeGroot responded that the language revisions will be completed
following adoption of the ordinance and that the signs will include all ordinance updates within the last
12 months and will be clearer and more concise. She estimated the signs will be installed in August
2018. Council Member Kuehne suggested the signs also include information about the City's radio
station for emergency and road service information.
Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to introduce
Ordinance No. 1954 amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places - by
repealing and reenacting Section 12.12.170, "Beach Structures," in its entirety; and further repealing
and reenacting Section 12.16.100, "Activity Requiring a Park Permit," in its entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor Pro
Tempore Mounce, and Mayor Nakanishi
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Noes: None
Absent: None
I. Ordinances – None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at 9:34
p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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