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HomeMy WebLinkAboutMinutes - September 19, 2018LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, SEPTEMBER 19, 2018 C-1 Call to Order / Roll Call The City Council Closed Session meeting of September 19, 2018, was called to order by Mayor Nakanishi at 6:02 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 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 Dispatchers Association, Lodi Professional Firefighters, International Brotherhood of Electrical Workers, and Lodi Fire Mid -Management Pursuant to Government Code A54957.6 (CM) C-3 Adjourn to Closed Session At 6:02 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matter. The Closed Session adjourned at 6:56 p.m. C-4 Return to Open Session / Disclosure of Action At 7:09 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 September 19, 2018, was called to order by Mayor Nakanishi at 7:09 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 in the meeting via teleconference and disconnected from the meeting at roughly 8:45 p.m. B. Presentations B-1 Certificate of Recognition for Dustin Shock (CLK) Fire Chief Gene Stoddart recounted how Dustin Shock rescued people from an overturned kayak on the Mokelumne River, bringing them safely to shore, and thanked him for his act in helping his fellow man. Mayor Nakanishi presented a Certificate of Recognition to Mr. Shock in appreciation 1 and admiration for his heroic efforts during the events of July 12, 2018. Mr. Shock stated it was just another day on the water and that he is always there to help those in need. B-2 Certificate of Appreciation for Clark Pest Control (PRCS) Parks, Recreation, and Cultural Services Deputy Director Cathi DeGroot explained that park rule signs were out of date and the Department lacked funding to replace them. Clark Pest Control donated 85 signs, which allowed the Department to update signs at parks so citizens are current on park regulations. Mayor Nakanishi presented a Certificate of Appreciation to Shawn Coles, Publications Director of Clark Pest Control, in honor of its donation of signs to the Parks Division. Mr. Coles stated that he and Clark Pest Control are honored to help the community in this way and will continue to do so. B-3 Fire Prevention Week Proclamation (FD) Mayor Nakanishi presented a proclamation to Battalion Chief/Fire Marshal Brad Doell proclaiming the week of October 7-13, 2018, as Fire Prevention Week in the City of Lodi. Chief Doell encouraged residents to ensure their smoke detectors and fire extinguishers work properly and to map two ways out of every room in case of a fire. B-4 Fire Department Pink October Breast Cancer Awareness Month Fundraiser Proclamation (FD) Mayor Nakanishi presented a proclamation to Lodi Professional Firefighters representative David Rabara proclaiming the month of October 2018 as Fire Department Pink October Breast Cancer Awareness Month Fundraiser. Mr. Rabara stated that proceeds from the fundraiser will go toward breast cancer research. B-5 #PinkPatchProject Month Proclamation (PD) Mayor Nakanishi presented a proclamation to Lodi Police Captain Sierra Brucia and Lieutenant Mike Manetti proclaiming the month of October 2018 as #PinkPatchProject Month in the City of Lodi. Captain Brucia stated officers will wear and sell the pink Lodi Police Department patches in recognition of breast cancer awareness and survival and that proceeds from sales will go toward Cancer Kids of San Joaquin County. NOTE: The following items were heard out of order. B-7 Presentation of Van Go! Service by San Joaquin Regional Transit District (PW) Donna DeMartino, Chief Executive Officer of San Joaquin Regional Transit District (RTD), provided a PowerPoint presentation regarding the RTD Van Go! system. Specific topics of discussion included the new RTD Van Go system, a new Uber-type on -demand rideshare service in San Joaquin County; Consolidated Transportation Services Agency; vans equipped for wheelchairs; free transfer on fixed -route bus service; expanded service area; how to make reservations; service hours; cost; future of service; and appearance of vans. City Manager Schwabauer added this a consolidated effort and the service is funded by all transit agencies in the region. B-6 Pacific Gas and Electric Company 230 kV Transmission Project Update (EU) Dylan George, PG&E Public Affairs Representative, provided a PowerPoint presentation regarding the Northern San Joaquin 230 kV Transmission Project. Specific topics of discussion included the current situation, original project scope, revised project scope, project study area map, next steps, California Public Utilities Commission process. C. Consent Calendar (Reading; Comments by the Public; Council Action) 2 Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager. 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-1 Receive Register of Claims in the Amount of $8,598,582.43 (FIN) Claims were approved in the amount of $8,598,582.43. C-2 Approve Minutes (CLK) The minutes of August 14, 2018 (Shirtsleeve Session), August 15, 2018 (Regular Meeting), August 21, 2018 (Shirtsleeve Session), August 28, 2018 (Shirtsleeve Session), August 28, 2018 (Special Meeting), September 4, 2018 (Shirtsleeve Session), and September 5, 2018 (Regular Meeting) were approved as written. C-3 Accept Quarterly Report of Purchases between $10,000 and $20,000 (CM) Accepted Quarterly Report of Purchases between $10,000 and $20,000. C-4 Accept Quarterly Investment Report as Required by City of Lodi Investment Policy (CM) Accepted Quarterly Investment Report as required by City of Lodi Investment Policy. C-5 Sell Surplus Overhead Conductor in Public Auction (EU) Approved sale of surplus overhead conductor in public auction. C-6 Approve Specifications and Authorize Advertisement for Bids for 2018 Pavement Crack Sealing Project (PW) Approved specifications and authorized advertisement for bids for 2018 Pavement Crack Sealing Project. C-7 Adopt Resolution Approving Purchase of Two Submersible Pump Assemblies for Sacramento Industrial Sewer Lift Station and Beckman Storm Water Lift Station from Sole Source Shape, Inc., of Pleasanton ($53,105) (PW) Adopted Resolution No. 2018-161 approving the purchase of two submersible pump assemblies for Sacramento Industrial Sewer Lift Station and Beckman Storm Water Lift Station from sole source Shape, Inc., of Pleasanton, in the amount of $53,105. C-8 Adopt Resolution Authorizing City Manager to Waive Bid Process, Utilizing NJPA Contract No.A 10186 -MAI, and Approving Purchase of One High -Capacity, All -Wheel Drive Manitou MSIA 25 Vertical Mast Forklift from Holt of California, of Sacramento ($52,028) (PW) Adopted Resolution No. 2018-162 authorizing the City Manager to waive bid process, utilizing NJPA Contract No. 10186 -MAI, and approving the purchase of one high-capacity, all -wheel drive Manitou MSI 25 vertical mast forklift from Holt of California, of Sacramento, in the amount of $52,028. 3 C-9 Adopt Resolution Authorizing Purchase of Total Station Surveying Equipment with Global Positioning Satellite Capability, from Sole Source Leica Geosystems, Inc., of Norcross, Georgia ($85,482) (PW) Adopted Resolution No. 2018-163 authorizing the purchase of Total Station surveying equipment with global positioning satellite capability, from sole source Leica Geosystems, Inc., of Norcross, Georgia, in the amount of $85,482. C-10 Adopt Resolution Approving Purchase of Three Traffic Control Cabinets with Controllers from Sole Source Econolite Systems, Inc., of Anaheim ($38,552) (PW) Consent Calendar Items C-10, C-12, and C-13 were pulled from the Consent Calendar by a member of the public. Mike Lusk questioned if the purchases on C-10, C-12, and C-13 incorporate development impact fees to offset builder costs since the cause of the purchase is partially due to new development. Under the Government Code, the City can increase development impact fees to offset costs attributed to new development, and he suggested the staff report declare and identify the source of the funding. City Manager Schwabauer explained that on-site improvements are paid completely by developers and off-site improvements can be either directly paid by developers or run through the impact fee program. He stated he will meet with Mr. Lusk later in the week to explain how the process works. Mayor Pro Tempore Mounce stated that Mr. Lusk's request was reasonable and suggested staff include more detailed information in future staff reports, including where the money is coming from and whether developers are paying the cost directly or if it will go through the impact fee program. Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to adopt Consent Calendar Items C-10, C-12, and C-13 as follows: o Resolution No. 2018-178 approving the purchase of three traffic control cabinets with controllers from sole source Econolite Systems, Inc., of Anaheim, in the amount of $38,552; and o Resolution No. 2018-179 awarding bid for the purchase of concrete vaults and covers from Jensen Precast, of Lockeford, in the amount of $59,972.81; and o Resolution No. 2018-180 awarding bid for the purchase of medium voltage cable from The Okonite Company, of San Ramon, in the amount of $430,818.73. 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-11 Adopt Resolution Waiving Bidding Requirements and Authorizing Sole -Source Purchase of Harper Turbo Vac TV60RE Leaf Sweeper from Turfstar/Western, of Hayward, and Appropriating Funds ($20,000) (PRCS/PW) Adopted Resolution No. 2018-164 waiving bidding requirements and authorizing sole -source purchase of Harper Turbo Vac TV60RE leaf sweeper from Turfstar/Western, of Hayward, and appropriating funds, in the amount of $20,000. 4 C-12 Adopt Resolution Awarding Bid for Purchase of Concrete Vaults and Covers from JensenA Precast, of Lockeford ($59,972.81) (EU) See Consent Calendar Item C-10 for discussion. Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to adopt Consent Calendar Items C-10, C-12, and C-13 as follows: o Resolution No. 2018-178 approving the purchase of three traffic control cabinets with controllers from sole source Econolite Systems, Inc., of Anaheim, in the amount of $38,552; and o Resolution No. 2018-179 awarding bid for the purchase of concrete vaults and covers from Jensen Precast, of Lockeford, in the amount of $59,972.81; and o Resolution No. 2018-180 awarding bid for the purchase of medium voltage cable from The Okonite Company, of San Ramon, in the amount of $430,818.73. 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-13 Adopt Resolution Awarding Bid for Purchase of Medium Voltage Cable from The Okonite Company, of San Ramon ($430,818.73) (EU) See Consent Calendar Item C-10 for discussion. Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to adopt Consent Calendar Items C-10, C-12, and C-13 as follows: o Resolution No. 2018-178 approving the purchase of three traffic control cabinets with controllers from sole source Econolite Systems, Inc., of Anaheim, in the amount of $38,552; and o Resolution No. 2018-179 awarding bid for the purchase of concrete vaults and covers from Jensen Precast, of Lockeford, in the amount of $59,972.81; and o Resolution No. 2018-180 awarding bid for the purchase of medium voltage cable from The Okonite Company, of San Ramon, in the amount of $430,818.73. 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-14 Adopt Resolution Awarding Contract for Police Station Sanitary Sewer Lift Station Improvements to Division 5-15, a California Corporation, of Gold River ($89,515) (PW) Adopted Resolution No. 2018-165 awarding the contract for Police Station Sanitary Sewer Lift Station Improvements to Division 5-15, a California Corporation, of Gold River, in the amount of $89,515. 5 C-15 Accept Improvements Under Contract for Central Plume a€" Mid Plume PCE/TCE Groundwater Treatment Project (PW) Accepted improvements under the contract for the Central Plume - Mid Plume PCE/TCE Groundwater Treatment Project. C-16 Accept Improvements Under Contract for Henry Glaves Playground Improvements (PW) Accepted improvements under the contract for Henry Glaves Playground Improvements. C-17 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with LSC Transportation Consultants, Inc., of Tahoe City, for Preparation of Short Range Transit Plan Update ($48,000) (PW) Adopted Resolution No. 2018-166 authorizing the City Manager to execute a Professional Services Agreement with LSC Transportation Consultants, Inc., of Tahoe City, for preparation of Short Range Transit Plan update, in the amount of $48,000. C-18 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Sole Source CalChem Enterprises, Inc., of Modesto, for Surface Water Treatment Facility Chemical Supply ($175,000) (PW) Adopted Resolution No. 2018-167 authorizing the City Manager to execute a Professional Services Agreement with sole source CalChem Enterprises, Inc., of Modesto, for Surface Water Treatment Facility chemical supply, in the amount of $175,000. C-19 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Fire Station No. 1 Apparatus Bay Roof Replacement Project ($113,992), Utilizing U.S. Communities Contract No. 10330, and Authorizing City Manager to Carry Forward Unspent Budget Authority for Project, up to $119,692, Until Project Completion, and Authorizing Public Works Director to Execute Change Orders Not -to -Exceed $5,700 (PW) Adopted Resolution No. 2018-168 authorizing the City Manager to waive bid process and execute a Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Fire Station No. 1 Apparatus Bay Roof Replacement Project, in the amount of $113,992, utilizing U.S. Communities Contract No. 10330; authorizing the City Manager to carry forward unspent budget authority for the project, up to $119,692, until project completion; and authorizing the Public Works Director to execute change orders in an amount not -to -exceed $5,700. C-20 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WMB Architects, Inc., of Stockton, for Lodi Electric Utility ADA, Security, and Ergonomic Upgrade Project ($105,000) (EU) Adopt Resolution No. 2018-169 authorizing the City Manager to execute a Professional Services Agreement with WMB Architects, Inc., of Stockton, for the Lodi Electric Utility ADA, Security, and Ergonomic Upgrade Project, in the amount of $105,000. C-21 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Contract with Cintas Corporation No. 3, of Stockton, for Rental and Cleaning of Uniforms for Certain Field and Warehouse Employees (PW) Adopted Resolution No. 2018-170 authorizing the City Manager to execute Amendment No. 3 to the contract with Cintas Corporation No. 3, of Stockton, for rental and cleaning of uniforms for certain field and warehouse employees. C-22 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for 200 -Year Floodplain Evaluation and Delineation ($15,800), and Appropriating Funds ($15,800) (PW) 6 Adopted Resolution No. 2018-171 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for 200 -year floodplain evaluation and delineation, in the amount of $15,800, and appropriating funds, in the amount of $15,800. C-23 Adopt Resolution Authorizing City Manager to Execute All Documents Related to LockefordA Street Improvement Project Utility Relocations (PW) Adopted Resolution No. 2018-172 authorizing the City Manager to execute all documents related to Lockeford Street Improvement Project utility relocations. C-24 Adopt Resolution Ratifying Execution of U.S. Department of Justice 2018 Edward Byrne Memorial Justice Assistance Grant Application; Authorizing City Manager to Execute Funding Agreement for Purchase of Safety Equipment, Following Award of Grant; and Appropriating Funds in 2017/18 Budget ($25,369) (PD) Adopted Resolution No. 2018-173 ratifying the execution of U.S. Department of Justice 2018 Edward Byrne Memorial Justice Assistance Grant application; authorizing the City Manager to execute funding agreement for the purchase of safety equipment, following award of grant; and appropriating funds in 2017/18 Budget, in the amount of $25,369. C-25 Adopt Resolution Authorizing Lodi Police Department to Participate in Selective Traffic Enforcement Program Grant Funded by Office of Traffic Safety, Authorizing City Manager to Execute Grant Documents on Behalf of City of Lodi, and Appropriating Funds ($115,000) (PD) Adopted Resolution No. 2018-174 authorizing the Lodi Police Department to participate in Selective Traffic Enforcement Program Grant funded by Office of Traffic Safety, authorizing the City Manager to execute grant documents on behalf of the City of Lodi, and appropriating funds, in the amount of $115,000. C-26 Adopt Resolution Authorizing City Manager to Submit Grant Application to San Joaquin Valley Air Pollution Control District to Purchase Two Electric -Powered Utility Vehicles, Implement New Vehicle Project, and Appropriate Funds ($40,000) (PRCS) Adopted Resolution No. 2018-175 authorizing the City Manager to submit grant application to San Joaquin Valley Air Pollution Control District to purchase two electric -powered utility vehicles, implement New Vehicle Project, and appropriating funds in the amount of $40,000. C-27 Accept Monthly Protocol Account Report Through August 31, 2018 (CLK) Accepted Monthly Protocol Account Report through August 31, 2018. C-28 Adopt Resolution Rescinding Attachment A of City of Lodi Risk Management and Compliance Program and Approving City of Lodi Energy Risk Management Policy (EU) Adopted Resolution No. 2018-176 rescinding Attachment A of the City of Lodi Risk Management and Compliance Program and approving the City of Lodi Energy Risk Management Policy. C-29 Adopt Resolution Accepting and Attesting to Veracity of 2017 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and Authorizing Electric Utility Director to Submit Required Reports to California Energy Commission (EU) This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk stated that, with the 100 percent renewable energy regulations, he would like to see the City adopt a building code ordinance requiring solar panels on all new homes built in Lodi. 7 Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to adopt Consent Calendar Items C-29 and C-32 as follows: ° Resolution No. 2018-181 accepting and attesting to veracity of 2017 Lodi Electric Utility Power Source Disclosure and Power Content Label reports and authorizing Electric Utility Director to submit required reports to California Energy Commission. ° Resolution No. 2018-182 authorizing the City Manager to execute the Purchase and Sale Agreement and escrow instructions with Bradley Womble and Larry Lertora for 705 East Lodi Avenue, Lodi (Old Fire Station No. 2). 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-30 Adopt Resolution Appropriating Remaining One -Time Funds for Parks, Recreation and Cultural Services Operations ($65,000) and Capital Projects (238,600) (PRCS) Mayor Nakanishi made a brief comment on this item and suggested money be set aside to provide a port -a -potty at Lodi Lake Park. Mayor Pro Tempore Mounce added that money also be set side to improve Candy Cane Park. Adopted Resolution No. 2018-177 appropriating remaining one-time funds for Parks, Recreation and Cultural Services Operations, in the amount of $65,000, and Capital Projects, in the amount of 238,600. C-31 Adopt Resolution Declaring a Shelter Crisis in Lodi According to the Requirements of the State of California Homeless Emergency Aid Program (CM) This item was pulled from the Consent Calendar at the request of Council Member Chandler. In response to Council Member Chandler, City Manager Schwabauer provided background information on this item, adding that adopting the resolution does not compel the City Council in any way, nor is it a grant application to construct a project; it simply makes it possible for the City to submit a grant application down the line. If the resolution is not adopted, the City would be unable to apply for grant funds in the future, and staff sees no reason not to support this. Mayor Nakanishi announced that the City will hold a Town Hall meeting on Monday, October 8, 2018, from 6:00 to 7:30 p.m. at the Carnegie Forum to discuss homelessness in Lodi and that various representatives will be present to provide information to the public. Council Member Kuehne stated he supports this step in the process that would allow the City to apply for funding to house the homeless; however, he cautioned there are strings attached with the grant because there is a low threshold tied to the grant money, meaning the homeless do not have to be in a program to receive assistance. Mayor Nakanishi stated he is not against adopting the resolution that would allow the City to apply for grant funding in the future. Adam Cheshire with the San Joaquin County Continuum of Care stated the requirement to adopt this resolution is slightly unusual; however, a municipality must make the declaration of a shelter crisis in order to apply for the grant funds. This grant is the largest source of funds at the moment for homeless services. He agreed there are strings attached, including the housing first model 8 and the low barrier; however, the program is designed to get people off the street first and then deal with other issues, such as substance abuse or mental health issues. John Ledbetter, Lodi Committee on Homelessness, pointed out that housing is a part of the solution, and many groups and agencies have worked hard over the last couple of years to find ways to make a difference. He stated this grant effort will be a partnership between the City of Lodi and its community, the Homeless Committee, San Joaquin Housing and Urban Development, and the Continuum of Care and that the only way to be considered for the grant is to adopt the resolution before Council. In response to Mayor Pro Tempore Mounce, Mr. Cheshire confirmed the grant money originates at the State level. Council Member Chandler made a motion, second by Mayor Pro Tempore Mounce, to adopt Resolution No. 2018-183 declaring a shelter crisis in Lodi according to the requirements of the State of California Homeless Emergency Aid 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None C-32 Adopt Resolution Authorizing City Manager to Execute Purchase and Sale Agreement and Escrow Instructions with Bradley Womble and Larry Lertora for 705 East Lodi Avenue, Lodi (Old Fire Station 2) (CM) This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk once again urged Council to pay back the loan on Fire Station 4 from the impact mitigation fees. Mayor Pro Tempore Mounce agreed that she too would like to see the loan paid back; however, the construction of Fire Station 2 hinged upon selling the old fire station to pay off that debt. Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to adopt Consent Calendar Items C-29 and C-32 as follows: ° Resolution No. 2018-181 accepting and attesting to veracity of 2017 Lodi Electric Utility Power Source Disclosure and Power Content Label reports and authorizing Electric Utility Director to submit required reports to California Energy Commission. ° Resolution No. 2018-182 authorizing the City Manager to execute the Purchase and Sale Agreement and escrow instructions with Bradley Womble and Larry Lertora for 705 East Lodi Avenue, Lodi (Old Fire Station No. 2). 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, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: None 9 D. Comments by the Public on Non -Agenda Items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.31). The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda. David Claxton, downtown business owner and President of the Downtown Business Alliance, reported that all 62 large concrete planters along School Street and the side streets have been adopted by downtown merchants, replanted with succulents and other drought -resistance plants, and are being maintained by downtown merchants and volunteers. He thanked Public Works Director Charlie Swimley for his assistance in getting the Alliance through the process and thanked the City for the donation to reimburse the cost of the plants and materials. Additionally, he invited Council to attend the Downtown Business Alliance fall mixer at the Merlot Room. Emma Barnhardt and Nate Washington, representing the Jim Elliot Christian High School Athletics Program, announced its upcoming golf tournament fundraiser at the Stockton Golf and Country Club on Monday, October 29, 2018, to support its athletic department. Mike Lusk commented on a recent judicial decision giving homeless the right to sleep on streets, which will present a significant problem for downtown merchants, and added that Council's action on Consent Calendar Item C-31 could provide some assistance in this regard. Further, Mr. Lusk expressed support for Measure L, Lodi's sales tax measure, stating this measure keeps this tax money local to pay for City services and that non-residents will also help pay the expenses to run the City. He encouraged citizens to support the measure and realize this is help for the City, not a deterrent. E. Comments by the City Council Members on Non -Agenda Items Mayor Pro Tempore Mounce reported on her attendance at the League of California Cities Annual Conference in Long Beach, adding that she completed her term of Immediate Past President on the League Board and was appointed to a two-year, at -large position on the Board. Council Member Chandler reported that he participated in the Park -to -Park event sponsored by Bike Lodi on September 8, 2018, as well as the Police Department canine competition on the same date. Mayor Nakanishi announced the City will host three upcoming Town Hall meetings and encouraged the public to attend: 1) September 25, 2018, with the Lodi Unified School District; 2) October 8, 2018, regarding efforts to address homelessness; and 3) October 15, 2018, regarding crime statistics in Lodi. Council Member Johnson requested a report on the 230 kV Transmission Project and the California Independent System Operator's rearranging of power lines as he would like to ensure Lodi is still on the right track to being independent in its electric system. City Manager Schwabauer stated he will discuss the matter in further detail with Council Member Johnson. F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings G-1 Public Hearing to Consider Adopting Resolution Approving 2017/18 Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CD) 10 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 approving the 2017/18 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). Neighborhood Services Manager Patrice Clemons provided a PowerPoint presentation regarding the 2017/18 CDBG CAPER. Specific topics of discussion included 2017/18 allocation for public services, fair housing, and general planning and administration; graffiti cleanup; Community Partnership for Families; Second Harvest Food Bank; Loel Senior Center; San Joaquin Fair Housing; California Rural Legal Assistance; allocation for public facilities and affordable housing; Lawrence Park Americans with Disabilities Act improvements; Alley Improvement Project; Lodi House HVAC replacement; CAPER review and comment period; and requested action. Mayor Nakanishi opened the public hearing for public comment. Mike Lusk commented on the Blakely Park Pool Refurbishing Project that was discussed at the previous meeting, stating he still does not understand why the project costs half a million dollars. City Manager Schwabauer pointed out the Blakely Park Pool Refurbishing Project is not part of this item and added that high construction costs are significantly increasing the cost of construction projects. There being no further public comments, Mayor Nakanishi closed the public hearing. Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to adopt Resolution No. 2018-184 approving 2017/18 Community Development Block Grant Consolidated Annual Performance and Evaluation Report. The City Council held a ROLL CALL vote (all, but one, voiced their votes). 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 G-2 Public Hearing 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) 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 an 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. Electric Utility Director Elizabeth Kirkley provided a presentation regarding the ordinance to re- enact the Electric Utility rate discount from December 1, 2018, to December 31, 2023. Specific topics of discussion included purpose of the discount program, benefits to both Electric Utility and businesses, and creation of new jobs in Lodi. Mayor Nakanishi opened the public hearing for public comment. There being no public comments, Mayor Nakanishi closed the public hearing. NOTE: It was determined during this item that Council Member Johnson disconnected from teleconferencing into the meeting. 11 Council Member Chandler made a motion, second by Council Member Kuehne, to introduce Ordinance No. 1958 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. 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 RECESS At 8:50 p.m., Mayor Nakanishi called for a recess, and the City Council meeting reconvened at 8:58 p.m. H. Regular Calendar H-1 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and International Brotherhood of Electrical Workers for Period of January 1, 2018 through DecemberA 31, 2018 (CM) Human Resources Manager Adele Post provided a presentation regarding the Memorandum of Understanding (MOU) between the City of Lodi and the International Brotherhood of Electrical Workers and outlined the highlights in the MOU, including 12 -month term, increase in the maximum contribution to the health care premium, a one-time bank of 40 hours of non-cashable leave to be used by December 31, 2019, carryover of medical flexible spending account contributions, and elimination of the Class A driver's license for certain job classifications, as well as language cleanup and updating of job titles. Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to adopt Resolution No. 2018-185 approving Memorandum of Understanding between City of Lodi and International Brotherhood of Electrical Workers for period of January 1, 2018 through December 31, 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 1. Ordinances 1-1 Adopt Ordinance No. 1957 Entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,273 Unused Residential Growth Management Allocation" (CLK) Mayor Pro Tempore Mounce stated she was absent due to illness from the meeting at which this ordinance was introduced; however, she watched the meeting and is comfortable voting in favor of the recommendation. 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. 1957 entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,273 Unused Residential Growth Management 12 Allocations," which was introduced at a regular meeting of the Lodi City Council held August 15, 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 Mayor Pro Tempore Mounce stated that Susan Reiss was a heart transplant recipient and daughter of Dr. Reiss, adding that Ms. Reiss contributed greatly to this community and will be missed. There being no further business to come before the City Council, the meeting was adjourned at 9:04 p.m. in memory of local registered nurse and volunteer Susan Reiss who passed away on July 31, 2018; Donald Schwabauer, father of City Manager Steve Schwabauer, who passed away on August 17, 2018; and Bob Keys, father of Deputy City Manager Andrew Keys, who passed away on August 17, 2018. ATTEST: Jennifer M. Ferraiolo City Clerk 13