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HomeMy WebLinkAboutMinutes - July 18, 2018LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JULY 18, 2018 C-1 Call to Order / Roll Call The City Council Closed Session meeting of July 18, 2018, was called to order by Mayor Nakanishi at 5:31 p.m. Present: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Absent: Council Member Johnson Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo 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) C-3 Adjourn to Closed Session At 5:31 p.m., the meeting was adjourned to a Closed Session to discuss the above matter. The Closed Session adjourned at 6:08 p.m. C-4 Return to Open Session / Disclosure of Action At 7:02 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following action. Item C-2a) was discussion and direction given with no reportable action. A. Call to Order / Roll Call The Regular City Council meeting of July 18, 2018, was called to order by Mayor Nakanishi at 7:02 p.m. Present: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Absent: Council Member Johnson Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo ANNOUNCEMENT City Manager Schwabauer announced that, despite news coverage that Council may be discussing the flyer being distributed throughout town about the homeless, there is no item on the agenda relating to the subject matter; therefore, Council is only able to accept public comments regarding the issue but it cannot take action pursuant to law. He expressed appreciation for the high public turnout for the meeting. B. Presentations B-1 Presentation of Certificate of Recognition to Miss California 2018 MacKenzie Freed (CLK) 1 Mayor Nakanishi presented a Certificate of Recognition and a bouquet of flowers to Miss California 2018 MacKenzie Freed. Pat Patrick, President and CEO of the Lodi District Chamber of Commerce, presented Miss California with a basket containing Lodi items and gift certificates to local businesses and services. Ms. Freed expressed her appreciation for the recognition, stating the response from her hometown of Lodi has been overwhelming and unexpected. She further announced that she will participate in the Miss America pageant in September. B-2 Presentation of American Public Power Association Reliable Public Power Provider Award (EU) Electric Utility Director Elizabeth Kirkley presented the American Public Power Association Reliable Public Power Provider Award to Mayor Nakanishi. Ms. Kirkley expressed appreciation to her staff who worked hard to earn this recognition for the third time. Mayor Nakanishi thanked Lodi Electric Utility for accomplishing a 94 percent reliability in electric service. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Chandler made a motion, second by Mayor Pro Tempore Mounce, to approve the following items hereinafter set forth 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 Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson C-1 Receive Register of Claims in the Amount of $6,122,129.63 (FIN) Claims were approved in the amount of $6,122,129.63. C-2 Approve Minutes (CLK) The minutes of June 19, 2018 (Shirtsleeve Session), June 20, 2018 (Regular Meeting), June 26, 2018 (Shirtsleeve Session), July 3, 2018 (Shirtsleeve Session), July 4, 2018 (Regular Meeting), and July 10, 2018 (Shirtsleeve Session) were approved as written. C-3 Adopt Resolution Rejecting All Bids, Approving Plans and Specifications, and Authorizing Re-Advertisement for Bids for Blakely Park – North Pool Improvements (PW) Adopted Resolution No. 2018-133 rejecting all bids, approving plans and specifications, and authorizing re-advertisement for bids for Blakely Park - North Pool Improvements. C-4 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Library Database and Subscription Services from EBSCO, Inc., of Birmingham, Alabama, and Appropriating Funds ($20,000) (LIB) Adopted Resolution No. 2018-134 authorizing the City Manager to waive bid process and purchase library database and subscription services from EBSCO, Inc., of Birmingham, Alabama, and appropriating funds in the amount of $20,000. C-5 Adopt Resolution Approving Contract with Lodi Unified School District to Provide After- School Staff Support for Bridge Program at 10 Locations During Fiscal Years 2018/19 and 2019/20 ($928,458.81) (PRCS) 2 Adopted Resolution No. 2018-135 approving contract with Lodi Unified School District to provide after-school staff support for Bridge Program at 10 locations during Fiscal Years 2018/19 and 2019/20, in the amount of $928,458.81. C-6 Accept Improvements Under Contract for Lodi Public Library Teen Scene Project (PW) Accepted improvements under contract for Lodi Public Library Teen Scene Project. C-7 Accept Improvements Under Contract for Water Meter Program Phase 7 (PW) Accepted improvements under contract for Water Meter Program Phase 7. C-8 Adopt Resolution Authorizing City Manager to Execute Task Order No. 47 with West Yost Associates, Inc., of Walnut Creek, for Permit Consulting Services ($181,200) (PW) Adopted Resolution No. 2018-136 authorizing the City Manager to execute Task Order No. 47 with West Yost Associates, Inc., of Walnut Creek, for permit consulting services, in the amount of $181,200. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for Inspection Services for Water Meter Program Phase 7 Meter Installation and Main Replacement ($40,545) (PW) Adopted Resolution No. 2018-137 authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for inspection services for Water Meter Program Phase 7 Meter Installation and Main Replacement, in the amount of $40,545. C-10 Adopt Resolution Authorizing City Manager to Execute Five-Year Agreement for Land Management Permit Software and Software Maintenance Services with Superion, LLC, of Lake Mary, Florida (Not to Exceed $530,000) and Appropriating Funds ($270,000) (CD) Mayor Pro Tempore Mounce briefly commented that, initially she had concerns regarding this request based on the high cost for a cloud-based program and her belief that citizens should not pay for software that will be utilized by developers and contractors; however, since then she learned this program is being paid for by developers and contractors through development impact fees. Based on that information, she stated she will support the request. Adopted Resolution No. 2018-138 authorizing the City Manager to execute a five-year agreement for land management permit software and software maintenance services with Superion, LLC, of Lake Mary, Florida, in an amount not to exceed $530,000, and appropriating funds in the amount of $270,000. C-11 Authorize City Attorney to Issue “Comfort Letter” to Owners Phillip Biddle and Bonnie Biddle, Trustees of the Phillip E. Biddle Family Trust, in Connection with the Sale of Real Property Located at 110 West Oak Street, Lodi, California (CA) Authorized the City Attorney to issue "Comfort Letter" to owners Phillip Biddle and Bonnie Biddle, trustees of the Phillip E. Biddle Family Trust, in connection with the sale of real property located at 110 West Oak Street, Lodi, California. C-12 Appoint William Cummins to Planning Commission, Terri Whitmire to San Joaquin County Commission on Aging, and Nancy Ahlberg Mellor to Lodi Arts Commission; and Post for Vacancies on Lodi Arts Commission and Personnel Board of Review (CLK) Made the following appointments and directed the City Clerk to post for the following vacancies: APPOINTMENTS: 3 Planning Commission William Cummins, term to expire June 30, 2022 San Joaquin County Commission on Aging Terri Whitmire, term to expire June 30, 2021 Lodi Arts Commission Nancy Ahlberg Mellor, term to expire July 1, 2021 POSTINGS: Lodi Arts Commission Richard Vasquez, term to expire July 1, 2019 Personnel Board of Review Richard Vasquez, term to expire January 1, 2020 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. In response to the newspaper article and news media coverage indicating there would be a discussion relating to homelessness in Lodi, the following individuals spoke on the matter: Diane Cosentini -- requested the City take a zero tolerance stand against those violating loitering, trespassing, and pet licensing laws and require photo identification and evidence of utility account in order to recycle materials at the recycling center; Scott Tonn -- requested the City create a committee that is open to the public to make recommendations to Council on how to deal with the increasing homelessness problem, requested the City authorize funding for an additional resource officer and 12 more permanent police officers in addition to the positions already authorized, and encouraged the public to support the sales tax measure to pay for these resources; Vicki Snell, downtown business owner -- shared her experiences in dealing with the homeless at her two businesses and the negative effects it has on her business and customers' experiences; Mark Armstrong, spokesperson for Take Back Lodi -- shared the group's goal of helping the community and business owners take back Lodi and making it a better place and assured the public that the group is not responsible for the flyers being distributed around town against the homeless; Larry Sauseda -- expressed empathy for business owners and what they have to deal with but also stressed that anyone can end up homeless due to unforeseen circumstances and that those who want help should be offered a hand up, not a hand out; Judith Weddle-Chism -- also expressed concern about the messes left behind by the homeless but pointed out no one knows what it is like to be homeless until they are in that position and those who want help should be offered a hand up; Jerome Baumann, homeless combat-wounded Vietnam veteran -- stated anyone can become homeless and recommended Council form a coalition made up of one-third Council Members, one-third members of the audience, and one-third homeless individuals to approach the problem 4 from a conscientious point of view in a positive way; Matt Blansett, recently evicted and living in his vehicle -- expressed concern about Lodi's negative response to the homeless, including the recent flyers; stated he assists homeless individuals by driving them to various locations and getting them in touch with free services and programs; and questioned what the City is doing to help the homeless; Joseph Donally, formerly homeless -- stated that, through the kindness of others, he received a hand up to get sober and get a job and questioned what the City is doing to raise revenue to organize additional rehabilitation centers other than the Salvation Army; Trish Wohl, homeless -- suggested the homeless be given an opportunity to show what they can do to help themselves and that the old fire station be offered as a facility for the homeless to go when it is hot outside or they need food or money, adding that only someone who was or is homeless knows what is needed and would be the ideal individual to figure out how to address the problem; Cheryl Francis with Grace and Mercy Charitable Foundation -- expressed understanding over the frustrations people are feeling over the destructiveness of some of the homeless but reminded people they should not focus animosity on the individual and should not respond with hurtful flyers, adding that her organization raises money to help the homeless by cleaning houses and washing cars; Audie Andrews -- expressed the need for regular and consistent Police enforcement of laws implemented by the City, including unregistered vehicles, public urination, pet license violations, etc.; Annette DePaul, social worker at Adventist Health -- expressed frustration with the limited options Lodi provides the hospital, causing it to step up in ways it was not meant to by creating programs and solutions relating to housing and medical issues and pointed out that Lodi offers no public- assisted housing, a solution that should come from public leaders; Chuck Lesley -- expressed concern that Lodi residents are not respectful of bicyclists, stating he and many of his friends have been hit or almost hit and suggested the City set up unmarked squad cars to watch and cite individuals who do not respect bicyclists; Debbie Lehr-Lee -- stated she was conflicted over this issue and empathizes with both sides but shared that her properties in Lodi have been damaged and broken into multiple times since November, causing her to spend $30,000 in repairs and ultimately tearing down one of the buildings, adding that additional Police and Code Enforcement staff may help with the problem; Judy Scobee, homeless -- shared her story and stressed the need for additional assisted-living facilities in Lodi because there are only a few and the waiting list is years; Ryan McBride -- expressed concern over the homeless who are addicted to drugs, stating he does not want his children stepping on needles because the problem is prevalent near his home; and Peter Lombardi -- expressed concern over the number of crimes he witnesses beyond his own backyard, due to his location near a local care facility, and urged the need for greater enforcement and more officers in the Police Department. Comments on other issues: Mike Lusk summarized and submitted three claims against the City, filed on behalf of Lodi citizens and rate payers, for 1) reimbursement of funds added to the Lodi Electric Utility budgets and paid by rate payers and future costs that have been or will be added to the Lodi Electric Utility and General Fund budgets for Capital Improvements required by the current residential and commercial projects going on within the City; 2) failure to provide an updated Development 5 Impact Mitigation report in a timely manner; and 3) immediate repayment of the amount of principal money borrowed from the Impact Mitigation Fee water fund with the inter-fund transfer to the Impact Mitigation fee fire fund to build Fire Station 4 on Lower Sacramento Road. Ron Birchard stated he e-mailed the City Council to request the City opt out of being a Sanctuary City; however, he has not received a response. He requested an update on the City's stand on SB54 and how it effects Lodi. Council Member Kuehne explained that the increase in the homeless population was created by California voter's support to release prisoners early and further summarized the many steps Council has taken to address the situation: elimination of feedings in the parks; cleaning downtown sidewalks; creation of long- and short-term homeless committees; adoption of the shopping cart ordinance; creation and funding of a homeless liaison officer; Salvation Army's Friday Faire; partnership with ABC Norcal for job training for the homeless; creation of a brochure listing service providers and programs to help the homeless; churches sponsoring a homeless family with rent; and his appointment to the Continuum of Care (CoC) for San Joaquin County. He finalized by saying the City's budget is tight, the sales tax measure would help to provide a larger Police force and greater enforcement, and that the City is investing a significant amount of time and energy in trying to resolve the problem. City Manager Schwabauer added that the Police Department created a Transient Outreach Team to address crimes and issues in pubic spaces, which operates two days a week in cooperation with the liaison officer. Mayor Pro Tempore Mounce agreed with Council Member Kuehne's summary of activities, adding that she routinely submits suggestions on ways to improve the situation. She reiterated that Propositions 47 and 57 increased the threshold for crimes resulting in individuals no longer being cited for illegal activities based on the dollar amount of the crime and that 1,200 criminals have been released into communities. She reported that the Governor authorized millions of dollars to be distributed to counties for the Housing First concept; stated she understands the public's frustration because she feels it too; and stressed that enforcement is key to making significant changes. Council Member Chandler agreed that enforcement is key, but the Police Department is beleaguered with high-pressure crimes and daily gun-point arrests that he worries about their safety. He added that the sales tax measure would go a long way to support the Department and its officers. Mayor Nakanishi stated he agrees that enforcement is necessary, but the City does not have the funding to adequately meet the needs. Unfortunately, only counties receive funding for affordable housing, not cities, but Lodi has assisted with other agencies to build, move, or improve facilities. Mayor Nakanishi summarized some of the City's activities to address the homelessness issue: creation of the homeless committee; participation in the CoC; and funding through the County for housing. He stated the City Manager is working to come up with City costs in dealing with the homelessness problem and further thanked Take Back Lodi, Lodi House, Grace and Mercy, and the many other facilities and programs working to help with this effort. Mr. Schwabauer responded to questions that were posed by the speakers: there is no Section 8 housing in Lodi, but the City has contributed to subsidized housing for homeless in Lodi for Salvation Army, Hope Harbor shelter, Lodi House, Eden Housing, and Hotel Lodi; created the committee on homelessness with the help of volunteers; worked with ABC Norcal to offer training to the homeless in trades such as carpentry and electrical; worked with CoC and the formula for the Housing First model; helped fund the County's homeless liaison officer; contributed to the conversion of the barracks at the Honor Farm for housing and job training through Community Development Block Grant funds; the City's homeless liaison officer placed 80 homeless individuals in programs or services or with family members; and created the new enforcement team to focus on neighborhood crimes. He further commented on the legislative and court restrictions preventing cities from enforcing loitering and panhandling laws as they are protected by the First Amendment, as well as the recent legislative changes that increased the threshold on 6 crimes, making it difficult for officers to put criminals in jail for certain offenses. In addition, courts recently ruled that homeless camps on private or public property cannot be closed until an alternate location is provided for them to live. He stated Council faces challenges in dealing with this problem because higher levels of government make it difficult. With regard to Sanctuary Cities, Mr. Schwabauer stated his recommendation to Council is that it not get into this debate because it is still being fought in a legal battle and that opting out of being a Sanctuary City would jeopardize grants the City could receive for Police and Fire. Mayor Pro Tempore Mounce suggested the City hold a Town Hall meeting to discuss this matter further. Mayor Nakanishi concurred, stating the City will work on setting a date. He added that the San Joaquin Grand Jury recognized Lodi a couple of years ago for being a model city in the County in dealing with the homelessness issue. RECESS At 9:34 p.m., Mayor Nakanishi called for a recess, and the City Council meeting reconvened at 9:48 p.m. to continue with Comments by the Public on Non-Agenda Items. Darryl Browman requested the City move forward with the public hearing to settle the matter relating to the Reimbursement Agreement for the public improvements constructed with the Lodi Shopping Center, which has been postponed a number of times. He stated that, because of the delays, a number of statutory items were discovered and the City was asked how those should be addressed. His concern is that some project maps are being recorded individually, instead of in a lump sum, which could result in the reimbursement coming back slowly over a longer period of time as lots build out. He stated his company has carried the improvements for three years and requested the hearing move forward on August 1 or September 15 at the very latest. Mr. Browman stated he would be willing to agree to the original Reimbursement Agreement from April and come back for the other statutory items that were overlooked. Pat Patrick, President of the Lodi District Chamber of Commerce, reported that the Chamber Board voted to support the City's sales tax measure on the November 2018 ballot. The Chamber will donate time and money, walk precincts, knock on doors, and talk to citizens in support of the measure, explaining that, while this is caused by the pension issue, it is really about keeping a level of public safety that is important to the community and businesses. He further requested that Chamber of Commerce members be included on the oversight commission and stated he will provide the City a list of members who are well known and respected in the community for their integrity and honesty. E. Comments by the City Council Members on Non-Agenda Items None. F. Comments by the City Manager on Non-Agenda Items None. G. Public Hearings G-1 Continued Public Hearing 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. 7 City Planner Craig Hoffman provided a PowerPoint presentation regarding the request of City Council to consider Site Plan and Architectural Review for the construction of a Union 76 gas station with convenience store, six-dispenser fuel station, car wash, and site improvements at 141 East Harney Lane. Specific topics of discussion included the vicinity maps and site maps. Mr. Hoffman reported that the parties in this matter -- the gas station owner and the Montessori School -- have reached an agreement on the final plan. He further recommended Council add Condition 46 to the resolution stating that approval of the project is contingent upon the execution of a settlement agreement between the applicant and the Montessori School. Mayor Nakanishi opened the public hearing for public comment. Diane Kindermann, representing Mr. Nasim, urged Council to grant approval of the project, stating they believe the new design adequately addresses the public safety concerns and that both parties are comfortable with the redesign. There being no further public comments, Mayor Nakanishi closed the public hearing. Mayor Pro Tempore Mounce stated she cannot support the project because there is too much on this corner and the traffic will be dreadful with the ingress and egress on Harney Lane. Council Member Kuehne made a motion, second by Council Member Chandler, to adopt Resolution No. 2018-139 approving request of Omair Nasim / DN Acquisitions, LLC, for Site Plan and Architectural Review for the construction of a proposed gas station with a convenience store, car wash, and canopy at 141 East Harney Lane, with the addition of Condition 46 stating approval of the project is contingent upon the execution of a settlement agreement between the applicant and the Montessori School. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Kuehne, and Mayor Nakanishi Noes: Mayor Pro Tempore Mounce Absent: Council Member Johnson H. Regular Calendar H-1 Introduce an Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 2 – Administration and Personnel – by Repealing and Re-Enacting Section 2.12.110, “Legislative Power of Council, Library Jurisdiction,” in Its Entirety; Repealing and Re-Enacting Section 2.44.040, “Appointing Authorities,” in Its Entirety; and Further Enacting Chapter 2.38, “Board of Library Trustees” (LIB) Interim Library Director Jeff Hood provided a PowerPoint presentation regarding Library ordinance changes. Specific topics of discussion included why ordinance changes are needed, Library Board approval, proposed changes, summarization of changes - cleans up outdated trustees/employees relationship, gives City Manager authority to discipline director for employment practices, Library Board retains authority to hire Director and discipline Director for performance, and creates Chapter 2.38 to fill gaps in references to Library Board. Council Member Kuehne made a motion, second by Council Member Chandler, to introduce Ordinance No. 1955 amending Lodi Municipal Code Title 2 - Administration and Personnel - by repealing and re-enacting Section 2.12.110, "Legislative Power of Council, Library Jurisdiction," in its entirety; repealing and re-enacting Section 2.44.040, "Appointing Authorities," in its entirety; and further enacting Chapter 2.38, "Board of Library Trustees." VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi 8 Noes: None Absent: Council Member Johnson I. Ordinances I-1 Take Action on the Following Items Regarding 2018 General Retail Transactions and Use Tax (CLK): a) Adopt Ordinance No. 1953 Entitled, “An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 3 – Revenue and Finance – by Adding Chapter 3.30, ‘2018 General Retail Transactions and Use Tax,’ by Imposing an Ongoing One-Half (0.50) Cent Per Dollar Transactions and Use Tax for Unrestricted General Revenue Purposes, to Remain in Effect until the Voters Amend or Repeal It, to be Collected and Administered by the California Department of Tax and Fee Administration, Subject to Voter Approval”; and b) Adopt Resolutions 1) Calling and Giving Notice of General Municipal Election to Approve Ongoing General Retail Transactions and Use Tax of One-Half (0.50) Cent Per Dollar for General Fund Purposes and Requesting that the Board of Supervisors for County of San Joaquin Consolidate Election with Established General Election to be Held Tuesday, November 6, 2018 and Direct Registrar of Voters to Conduct Election on City’s Behalf, 2) Setting Priorities for Filing Written Arguments Regarding the 2018 General Retail Transactions and Use Tax Measure and Directing the City Attorney to Prepare an Impartial Analysis for the Measure, and 3) Providing for the Filing of Rebuttal Arguments for the Measure Scheduled for the November 6, 2018 General Municipal Election City Clerk Ferraiolo provided a brief report on the recommendation that Council adopt Ordinance No. 1953 and the resolutions calling for the election on the sales tax measure and setting priorities for filing written arguments and rebuttal arguments. Ms. Ferraiolo informed Council that the resolution authorizes the City Council to file arguments in favor of or against the measure and that the established deadlines for arguments and rebuttal arguments is August 3 and August 13, respectively. City Manager Schwabauer provided a brief report on the money that could be raised in excess of the City's budget and listed the many programs, equipment, and services the funds would be used for, all in an effort to avoid reducing services. John Slaughterback stated he is against the sales tax increase because he believes the City has not adequately addressed the practice of promoting long-time employees who retire after three to four years with enhanced benefit packages. He stated that City leaders complain about the California Public Employees Retirement System (Cal-PERS) as the root of the City's problem; however, he feels the City takes advantage of the Cal-PERS retirement benefits and he cannot support the measure until that custom is changed. Mike Lusk stated he supports the sales tax measure and appreciates that the responsibility of the cash flow would be spread out among residents and non-residents who also enjoy benefits of the Lodi community. He added that Cal-PERS will remain as it is until it decides to change the laws and that he does not begrudge employees taking advantage of benefits currently in place. He stated the budget is extremely tight and the sales tax measure would provide the City with money needed to support services that citizens enjoy today. Jeff Kirst recommended approval of the sales tax measure and pledged to donate and assist in getting the measure passed. He further suggested Council consider increasing the Transient Occupancy Tax from 6 percent to 10 percent as another source of additional revenue. Greg Goehring expressed opposition to the proposed measure, stating that California residents suffer from the highest income, gas, business, and sales taxes. He stated he believes Lodi could make further attempts at restructuring its budget by cutting non-essential services and transferring certain services to private sector companies or charities. He further stated the City should be honest by stating the measure is to pay the Cal-PERS obligation and that it not spend any money promoting the sales tax measure. He asked that Council not vote to put this measure on the ballot. 9 Mayor Pro Tempore Mounce stated she typically does not support tax or rate increases; however, she will support this measure in order to protect the City she loves and to ensure that Lodi continues to be maintained and protected. Mayor Nakanishi stated that cities in California are hurting and face insolvency and those cities that approved a sales tax measure have more police officers than Lodi and are able to better maintain their facilities and parks. Lodi has the lowest sales tax in the County, and the 1/2 cent sales tax increase would ensure that parks and the library continue to be maintained and that the Police and Fire Departments are increased in order to protect citizens. He stated there is no other alternative to raise revenue and he will support the measure to keep Lodi's services intact. Mr. Schwabauer summarized that the purpose of the City's mailer was to communicate survey results and priorities to citizens; that the City will pay the Cal-PERS obligation regardless of the sales tax measure; and that the purpose of the sales tax measure is to continue to provide services that citizens stated were important to them. Council Member Chandler made a motion, second by Council Member Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1953 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 3 - Revenue and Finance - by Adding Chapter 3.30, '2018 General Retail Transactions and Use Tax,' by Imposing an Ongoing One-Half (0.50) Cent Per Dollar Transactions and Use Tax for Unrestricted General Revenue Purposes, to Remain in Effect until the Voters Amend or Repeal It, to be Collected and Administered by the California Department of Tax and Fee Administration, Subject to Voter Approval," which was introduced at a regular meeting of the Lodi City Council held June 20, 2018. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2018-140 calling and giving notice of General Municipal Election to approve ongoing general retail transactions and use tax of one-half (0.50) cent per dollar for General Fund purposes and requesting that the Board of Supervisors for County of San Joaquin consolidate election with established General Election to be held Tuesday, November 6, 2018 and direct Registrar of Voters to conduct election on City's behalf; Resolution No. 2018-141 setting priorities for filing written arguments regarding the 2018 General Retail Transactions and Use Tax Measure and directing the City Attorney to prepare an impartial analysis for the measure; and Resolution No. 2018-142 providing for the filing of rebuttal arguments for the measure scheduled for the November 6, 2018 General Municipal Election. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson I-2 Adopt Ordinance No. 1954 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places - by Repealing and Re- Enacting Section 12.12.170, ’Beach Structures,’ in Its Entirety; and Further Repealing and Re-Enacting Section 12.16.100, ’Activity Requiring a Park Permit,’ in Its Entirety" (CLK) Mayor Pro Tempore Mounce 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 10 Ordinance No. 1954 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 12 - Streets, Sidewalks and Public Places - by Repealing and Re-Enacting Section 12.12.170, 'Beach Structures,' in Its Entirety; and Further Repealing and Re-Enacting Section 12.16.100, 'Activity Requiring a Park Permit,' in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held June 20, 2018. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson K. Adjournment Council Member Kuehne commented on Robert "Bob" Rocha, his father-in-law, who passed away on July 9, 2018, stating he was a generous man who started Rocha Mortuary in the 70s and garnered the nickname "The Phoenix" for repeatedly surviving near-death experiences until the car wreck that took his life. There being no further business to come before the City Council, the meeting was adjourned at 10:49 p.m. in memory of Council Member Kuehne's father-in-law and local businessman Robert "Bob" Rocha. ATTEST: Jennifer M. Ferraiolo City Clerk 11