Loading...
HomeMy WebLinkAboutMinutes - August 15, 2018LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, AUGUST 15, 2018 C-1 Call to Order / Roll Call The City Council Closed Session meeting of August 15, 2018, was called to order by Mayor Nakanishi at 6:33 p.m. Present: Council Member Chandler, Council Member Kuehne, and Mayor Nakanishi Absent: Council Member Johnson, and Mayor Pro Tempore Mounce Also Present: Deputy City Manager Keys, 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) b) Pending Litigation: Government Code §54956.9(a); One Case; Diana Smith-Bruce v. County of San Joaquin, City of Lodi, et al.; San Joaquin County Superior Court; Case No. STK-CV-UPI-2017-1486 (CA) C-3 Adjourn to Closed Session At 6:33 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:01 p.m. C-4 Return to Open Session / Disclosure of Action At 7:08 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions. Item 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 August 15, 2018, was called to order by Mayor Nakanishi at 7:08 p.m. Present: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Absent: Mayor Pro Tempore Mounce Also Present: Deputy City Manager Keys, City Attorney Magdich, and City Clerk Ferraiolo NOTE: Council Member Johnson participated via teleconference. B. Presentations B-1 California Coastal Cleanup and National Pollution Prevention Week Proclamation (PW) 1 Mayor Nakanishi presented a proclamation to Watershed Program Coordinator Kathy Grant proclaiming September 15, 2018, as California Coastal Cleanup Day and September 17-23, 2018, as National Pollution Prevention Week in Lodi. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Kuehne made a motion, second by Council Member Chandler, to approve the following items hereinafter set forth in accordance with the report and recommendation of the City Manager. The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Noes: None Absent: Mayor Pro Tempore Mounce C-1 Receive Register of Claims in the Amount of $3,516,649.33 (FIN) Claims were approved in the amount of $3,516,649.33. C-2 Approve Minutes (CLK) The minutes of July 31, 2018 (Shirtsleeve Session), August 1, 2018 (Regular Meeting), and August 7, 2018 (Shirtsleeve Session) were approved as written. C-3 Adopt Resolution Rejecting Protest and Awarding Contract for 2018 Pavement Resurfacing Project to American Pavement Systems, Inc., of Modesto ($1,150,963) and Transferring Funds ($64,075) (PW) Adopted Resolution No. 2018-151 rejecting protest and awarding contract for 2018 Pavement Resurfacing Project to American Pavement Systems, Inc., of Modesto, in the amount of $1,150,963, and transferring funds in the amount of $64,075. C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for Purchase of Ultra Violet Disinfection Equipment ($600,000) (PW) Adopted Resolution No. 2018-152 authorizing the City Manager to execute a Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for purchase of ultra violet disinfection equipment, in the amount of $600,000. C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Ground Water Sampling, Reporting, and On- Call, Out-of-Scope Services ($55,775) and Appropriating Funds ($55,775) (PW) Adopted Resolution No. 2018-153 authorizing the City Manager to execute a Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for ground water sampling, reporting, and on-call, out-of-scope services, in the amount of $55,775, and appropriating funds in the amount of $55,775. C-6 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with ABOL Rodent Control, of Lodi, for Squirrel Abatement ($50,000) (PW) 2 Adopted Resolution No. 2018-154 authorizing the City Manager to execute Amendment No. 2 to Professional Services Agreement with ABOL Rodent Control, of Lodi, for squirrel abatement, in the amount of $50,000. C-7 Accept Monthly Protocol Account Report through July 31, 2018 (CLK) Accepted monthly Protocol Account report through July 31, 2018. C-8 Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2018 Calendar Year Pursuant to Government Code Section 87306.5 (CA) Accepted the Notice of Draft Amendments to Conflict of Interest Code for the 2018 Calendar Year pursuant to Government Code Section 87306.5. C-9 Adopt Resolution Approving Arts Grants for Fiscal Year 2018/19 (PRCS) Adopted Resolution No. 2018-155 approving arts grants for Fiscal Year 2018/19. C-10 Adopt Resolution Authorizing City Manager to Execute Memorandum of Understanding Between City of Lodi, Mokelumne Rural Fire District, Woodbridge Fire District, Lathrop- Manteca Fire District, and Liberty Fire District for Purpose of Receiving, Administering, and Accounting Available California Office of Traffic Safety Grant Funds to Support Regional Collision Response and Extrication Improvement (FD) Adopted Resolution No. 2018-156 authorizing the City Manager to execute Memorandum of Understanding between City of Lodi, Mokelumne Rural Fire District, Woodbridge Fire District, Lathrop-Manteca Fire District, and Liberty Fire District for purpose of receiving, administering, and accounting available California Office of Traffic Safety grant funds to support regional collision response and extrication improvement. C-11 Receive Report Regarding Communication Pertaining to Bureau of Cannabis Control Proposed Regulations (CLK) Received report regarding communication pertaining to Bureau of Cannabis Control proposed regulations. C-12 Adopt Resolution Authorizing City Manager to Execute Exchange of Federal Transit Administration 5339 Apportionments between City of Lodi and City of Manteca ($192,771) and Exchange of Federal Transit Administration 5339 Apportionments between City of Lodi and City of Tracy ($205,693) (PW) Adopted Resolution No. 2018-157 authorizing the City Manager to execute Exchange of Federal Transit Administration 5339 Apportionments between City of Lodi and City of Manteca , in the amount of $192,771, and Exchange of Federal Transit Administration 5339 Apportionments between City of Lodi and City of Tracy, in the amount of $205,693. C-13 Appoint David Diskin and Ron Cook to the Lodi Improvement Committee (CLK) Made the following appointments: Lodi Improvement Committee David Diskin, term to expire March 1, 2022 Ron Cook, term to expire March 1, 2022 C-14 Set Public Hearing for September 19, 2018, to Consider Introducing Ordinance Amending Lodi Municipal Code Chapter 13.20, “Electrical Service,” by Repealing and Re-Enacting Section 13.20.315, “Schedule EDR – Economic Development Rate,” to Re-Enact Electric Utility Rate Discount from December 1, 2018 to December 31, 2023 (EU) 3 Set public hearing for September 19, 2018, to consider introducing ordinance amending Lodi Municipal Code Chapter 13.20, "Electrical Service," by repealing and re-enacting Section 13.20.315, "Schedule EDR - Economic Development Rate," to re-enact Electric Utility rate discount from December 1, 2018 to December 31, 2023. 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. Craig Troxclair posed a number of questions regarding the sales tax measure, including whether this will be the first of many sales tax measures; if Council has fixed the pension problem for future generations; and why new housing developments are being approved if public safety services are already being stretched too thin. Additionally, he questioned why the City continues to mail him, and presumably others, utility bills despite his request to go paperless, which is a waste of money, and what the ultraviolet equipment approved on the Consent Calendar is used for and why it is so expensive. Public Works Director Charlie Swimley and Deputy City Manager Andrew Keys responded to the questions posed by Mr. Troxclair, and Mayor Nakanishi extended an invitation to Mr. Troxclair to meet with him and the City Manager to further discuss any questions he may have. Matt Blansett spoke regarding the homelessness situation and expressed concern that the public and homeless are not at this meeting to talk about it. He stated the homeless come from broken homes and often share their stories with him, yet they are afraid to come to a Council meeting to talk about their situations. Further, Mr. Blansett explained that he wants to run for Lodi City Council to make positive changes regarding homelessness; however, he had very little time to put together his campaign and, unfortunately, did not have enough valid signatures on his petition to qualify. He requested he be granted an extension to correct his papers and that his $25 filing fee be returned. Mayor Nakanishi announced there will be a Town Hall meeting on October 8, 2018 at 6 p.m. regarding homelessness in Lodi and the efforts being taken to address the matter. Kathryn Siddle with Bike Lodi invited Council and the public to participate in the "Park to Park" family bike ride on September 8, 2018. The ride will leave from Lodi Lake and connect to 13 different parks; passports will be stamped at each park; and goodie bags and prizes will be given out during the event. She thanked the Lodi Police Partners Program, which will be on site at 8 a.m. to license bicycles that day at no charge. Mushtaq Tahirkheli stated he had intentions of running in the 2018 election, but the timing was not right; therefore, he and others will launch campaigns in Districts 4 and 5 in the 2020 election. With regard to City finances, Mr. Tahirkheli stated he believes Lodi management employees are overpaid and that the City Manager is not fit for the job and should be removed. Mark Armstrong with Take Back Lodi assured Mr. Blansett, Council, and the public that his group has not forgotten the homelessness crisis and that the group is out every day addressing the issue. He reported the group had its first joint venture with the Ready to Work Program that provided work for six homeless individuals who assisted with two large clean-ups in town. The group will return once a month to continue with this program. Additionally, the group is organizing a massive clean-up for the upcoming weekend; in conjunction with other groups, trailers were removed from Sacramento Street; Assemblymember Cooper will be touring the river to see what can be done along Highway 99; the canine training area at Lawrence Park is currently underway; the fencing approved at Lawrence Park is presently in the bid process; the group is working with 4 the Police Department to improve the Awani area to address the problem with the homeless dumping rocks into the riverbank; and it is working to address problematic dumpsters around town. He requested additional bicycle racks at Lawrence Park now that the bike signs are posted and regulations are being enforced. E. Comments by the City Council Members on Non-Agenda Items Council Member Chandler recognized the American Steel Car Club for its car show this weekend in downtown Lodi that had 333 cars on display and brought people to Lodi from the foothills to the Bay Area. Further, he thanked Electric Utility Director Elizabeth Kirkley for joining him to meet with Senator Galgiani and Assemblymember Eggman to lobby for local control of electric utilities. Council Member Kuehne thanked Kathy Grant for her efforts at Lodi Lake; requested regular updates on the Ready to Work Program; announced the City will be applying for funds for emergency shelter for the homeless; and reported on his work on the County's Continuum of Care committee and the many homeless task forces on which he volunteers. Mayor Nakanishi reported he met with Lodi Unified School District Superintendent Kathy Washer-Nichols and two Board Members and announced the two groups will hold a Town Hall meeting on September 25, 2018 to report on each entity's goals and priorities. F. Comments by the City Manager on Non-Agenda Items Deputy City Manager Andrew Keys reported that the latest actuarial study from the California Public Employees Retirement System (Cal-PERS) raised the City's funded status from 63.5 percent to 64.9 percent, which was due to a banner year in the earnings Cal-PERS had. While it does not change the City's ultimate fate and the percentage is still low compared to being at 100 percent, it does reduce the City's costs going forward. G. Public Hearings G-1 Continued Public Hearing to Consider Adopting Resolution Amending Community Development Block Grant (CDBG) 2018/19 Annual Action Plan to Accommodate Reallocation of Unused CDBG Funds (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 amending Community Development Block Grant (CDBG) 2018/19 Annual Action Plan to accommodate reallocation of unused CDBG funds. Neighborhood Services Manager Patrice Clemons provided a PowerPoint presentation regarding CDBG 2018/19 Annual Action Plan Amendment No. 1. Specific topics of discussion included sources for reallocation, uses of reallocation, public review and comments, and requested action. In response to Council Member Chandler, Public Works Director Charlie Swimley stated he would provide Council with a list of upcoming alley projects. Mayor Nakanishi opened the public hearing for public comment. Mike Lusk questioned why the City does not build an entirely new pool at Blakely Park instead of spending $261,000 to upgrade the existing pool to Americans with Disabilities Act (ADA) standards. Parks, Recreation, and Cultural Services Director Jeff Hood explained that the work on the 25- yard, multi-lane public swimming pool is significant and includes labor to meet safety regulations, which contributes to the high cost. The pool/aquatics project is an extension of the grant-funded project at Blakely Park to rehabilitate the sports area, all of which makes the park more enticing and attractive to the public. 5 There being no further public comments, Mayor Nakanishi closed the public hearing. Council Member Chandler made a motion, second by Council Member Kuehne, to adopt Resolution No. 2018-158 amending Community Development Block Grant (CDBG) 2018/19 Annual Action Plan to accommodate reallocation of unused CDBG funds. The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Noes: None Absent: Mayor Pro Tempore Mounce G-2 Public Hearing to Consider Introducing Ordinance Reducing Amount of Residential Growth Management Allocations Currently Available in Program (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 introducing ordinance reducing amount of Residential Growth Management Allocations currently available in program. City Planner Craig Hoffman provided a PowerPoint presentation regarding Growth Management Allocations, 2018-2024. Specific topics of discussion included available allocations, issued allocations, potential remaining allocations in City limits, and staff recommendation. Council Member Kuehne stated he agrees with all of staff's figures in the report regarding potential remaining allocations in City limits with the exception of high-density in-fill development, stating he felt that figure was an aggressive number. Mr. Hoffman stated the figure is a conservative estimate and any potential in-fill development would be spread out along multiple sites because there is no single large piece of land within the City for an in-fill project. Staff's preference is to leave some allocations should a request come forward. Mayor Nakanishi opened the public hearing for public comment. Craig Troxclair stated that comments were made on how and where Lodi will grow, but no discussions on whether or not Lodi should continue growing. There being no further public comments, Mayor Nakanishi closed the public hearing. Council Member Kuehne made a motion, second by Council Member Chandler, to introduce Ordinance No. 1957 reducing amount of Residential Growth Management Allocations currently available in program. The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Noes: None Absent: Mayor Pro Tempore Mounce H. Regular Calendar H-1 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and Police Officers Association of Lodi for Period January 1, 2018 through June 30, 2019 (CM) 6 Human Resources Manager Adele Post provided a presentation regarding the Memorandum of Understanding (MOU) with the Lodi Police Officers Association (LPOA). Ms. Post highlighted the negotiated terms of the MOU: 18-month contract, retroactive payment toward the health care contribution premium, 80 hours of non-cashable leave for use by December 31, 2019, increase to accidental death and dismembership policy, and amendment to the flexible spending plan to carry over the plan to the next calendar year, which is allowed in the regulations. Ms. Post recognized LPOA for its hard work and mutual respect during the negotiation process and for its willingness to come to an agreement. Deputy City Manager Andrew Keys agreed with the sentiment, adding this group is running itself ragged to keep citizens safe but it is also respectful of the City's current financial position and this agreement is a reflection of that. Council Member Kuehne made a motion, second by Council Member Chandler, to adopt Resolution No. 2018-159 approving Memorandum of Understanding between City of Lodi and Police Officers Association of Lodi for period January 1, 2018 through June 30, 2019. The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Noes: None Absent: Mayor Pro Tempore Mounce I. Ordinances I-1 Adopt Ordinance No. 1956 Entitled, “An Uncodified Ordinance of the Lodi City Council Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 7)” (CLK) Council Member Kuehne 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. 1956 entitled, "An Uncodified Ordinance of the Lodi City Council Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 7)," which was introduced at a regular meeting of the Lodi City Council held August 1, 2018. The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and Mayor Nakanishi Noes: None Absent: Mayor Pro Tempore Mounce K. Adjournment Council Member Chandler expressed condolences to the Shock family for the tragic loss of Dr. Thomas Shock two weeks ago. Council Member Johnson added that Dr. Shock was a lively, energetic, and fun person to be around and a professional in the medical field who will be greatly missed. Mayor Nakanishi added that he knew Dr. Shock for many years and he was a gentleman. He further stated that Claude Brown passed away as a result of a heart issue, adding that Mr. Brown 7 was a giant of a man who was kind, loving, and philanthropic, as well as a patriot. There being no further business to come before the City Council, the meeting was adjourned at 8:39 p.m. in memory of Dr. Thomas Shock, a local podiatrist who passed away on August 1, 2018, and Claude Brown, a local business man and inventor who passed away on August 14, 2018. ATTEST: Jennifer M. Ferraiolo City Clerk 8