HomeMy WebLinkAboutMinutes - January 17, 2018LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 17, 2018
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of January 17, 2018, was called to order by Mayor Pro
Tempore Mounce at 6:15 p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Absent: Mayor Nakanishi
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)
b) Actual Litigation: Government Code §54956.9(a); One Case; Sukhwinder Kaur, Individually
and as the Successor in Interest for the Decedent Parminder Singh Shergill, et. al. v. City
of Lodi, et al.; U.S. District Court, Eastern District of California; Case No. 2:14-CV-00828-
GEB-AC (CA)
C-3 Adjourn to Closed Session
At 6:15 p.m., Mayor Pro Tempore Mounce adjourned the meeting to a Closed Session to discuss
the above matters. The Closed Session adjourned at 6:54 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:03 p.m., Mayor Pro Tempore Mounce reconvened the City Council meeting, and
City Attorney Magdich disclosed the following actions.
Items C -2a) and C -2b) were discussion only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of January 17, 2018, was called to order by Mayor Pro
Tempore Mounce at 7:03 p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Absent: Mayor Nakanishi
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: Council Member Johnson participated in the meeting via teleconference.
B. Presentations
B-1 Presentation from Verne H. Miller, Korean War Veteran (CLK)
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Mr. Verne H. Miller presented a Japanese smoking jacket and ornate cigarette box and ashtray to
Mayor Pro Tempore Mounce that he acquired while on leave in Japan during the Korean War. In
gratitude for his donation, Mayor Pro Tempore Mounce presented Mr. Miller with a certificate of
appreciation.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Chandler made a motion, second by Council Member Kuehne, to approve the
following items hereinafter set forth, except those otherwise noted, in accordance with the
report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Noes: None
Absent: Mayor Nakanishi
C-1 Receive Register of Claims in the Amount of $6,745,363.79 (FIN)
Claims were approved in the amount of $6,745,363.79.
C-2 Approve Minutes (CLK)
The minutes of December 5, 2017 (Shirtsleeve Session), December 6, 2017 (Regular Meeting),
December 12, 2017 (Shirtsleeve Session), December 12, 2017 (Special Meeting), and
December 19, 2017 (Shirtsleeve Session) were approved as written.
C-3 Adopt Resolution Authorizing Purchase of Playground Equipment for Henry Glaves Park
from PlayPower LT Farmington, of Sacramento ($80,950.84) (PRCS)
Adopted Resolution No. 2018-01 authorizing the purchase of playground equipment for
Henry Glaves Park from PlayPower LT Farmington, of Sacramento, in the amount of $80,950.84.
C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for City of Lodi
White Slough Water Pollution Control Facility Storage Expansion and Surface, Agricultural,
and Groundwater Supply Improvement Project (PW)
Approved plans and specifications and authorized advertisement for bids for the City of Lodi
White Slough Water Pollution Control Facility Storage Expansion and Surface, Agricultural, and
Groundwater Supply Improvement Project.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Well 24
Rehabilitation Project (PW)
Approved plans and specifications and authorized advertisement for bids for the Well 24
Rehabilitation Project.
C-6 Adopt Resolution Awarding Contract for Scoreboard Installation Improvements to
Bockmon & Woody Electric Company, Inc., of Stockton ($15,010) (PW)
Adopted Resolution No. 2018-02 awarding the contract for Scoreboard Installation Improvements
to Bockmon & Woody Electric Company, Inc., of Stockton, in the amount of $15,010.
C-7 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Robertson -Bryan, Inc., of Elk Grove, for Aeration Basin Membrane Diffuser Survey of
Technologies and Preliminary Engineering Evaluation Services ($35,000) (PW)
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Adopted Resolution No. 2018-03 authorizing the City Manager to execute a Professional Services
Agreement with Robertson -Bryan, Inc., of Elk Grove, for aeration basin membrane diffuser survey
of technologies and preliminary engineering evaluation services, in the amount of $35,000.
C-8 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Park
Annex Building Roof Repair Project ($125,983), Utilizing U.S. Communities Contract No.
10330; Authorizing City Manager to Carry Forward Unspent Budget Authority for this
Project, up to $132,283, until Project Completion; Authorizing Public Works Director to
Execute Change Orders (Not to Exceed $6,300); and Appropriating Funds ($31,000) (PW)
Adopted Resolution No. 2018-04 authorizing the City Manager to waive bid process and execute
a Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Park Annex
Building Roof Repair Project, in the amount of $125,983, utilizing U.S. Communities Contract
No. 10330; authorizing the City Manager to carry forward unspent budget authority for this
project, up to $132,283, until project completion; authorizing the Public Works Director to execute
change orders (not to exceed $6,300); and appropriating funds in the amount of $31,000.
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment to Improvement
Agreement for Public Improvements of Villa Fiore (Van Ruiten Ranch) Subdivision, Tract
No. 3919 (Unit No. 1) and Authorizing City Manager to Execute Improvement Agreement
for Public Improvements of Villa Fiore Neighborhood Park, Tract No. 3919 (Unit No. 1)
(PW)
Adopted Resolution No. 2018-05 authorizing the City Manager to execute an amendment to the
Improvement Agreement for Public Improvements of Villa Fiore (Van Ruiten Ranch) Subdivision,
Tract No. 3919 (Unit No. 1) and authorizing the City Manager to execute the Improvement
Agreement for Public Improvements of Villa Fiore Neighborhood Park, Tract No. 3919
(Unit No. 1).
C-10 Set Public Hearings for January 31, 2018, and February 7, 2018, to Receive Public Input
on Draft Maps of Voting District Boundaries and Election Sequencing as Part of Transition
to By -District Elections for City Council Members (CA)
Set public hearings for January 31, 2018, and February 7, 2018, to receive public input on draft
maps of voting district boundaries and election sequencing as part of transition to by -district
elections for City Council Members.
C-11 Set Public Hearing for February 7, 2018, to Consider Adopting Resolution Approving
Planning Commission's Recommendation to Authorize 107 Low -Density Residential,
98 Medium -Density Residential, and 329 High -Density Residential Growth Management
Allocations for Gateway North Subdivision (CD)
This item was removed from the Consent Calendar at the request of a member of the public.
Mike Lusk questioned if the new subdivision would be charged at the regular rate for impact
mitigation fees, to which Public Works Director Swimley responded it will be charged the new
rates; not the now -eliminated, or discounted, rates.
Council Member Chandler made a motion, second by Council Member Kuehne, to set public
hearing for February 7, 2018, to consider adopting a resolution approving
the Planning Commission's recommendation to authorize 107 Low -Density Residential,
98 Medium -Density Residential, and 329 High -Density Residential Growth Management
Allocations for Gateway North Subdivision.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
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Noes: None
Absent: Mayor Nakanishi
C-12 Set Public Hearing for March 7, 2018, to Consider Introducing Ordinance Amending
Lodi Municipal Code Chapter 13.20, "Electrical Service," by Repealing and Reenacting
Section 13.20.260, "Schedule G3 — General Service — Group 3 Commercial/Industrial,"
Section 13.20.270, "Schedule G4 — General Service — Group 4 Commercial/Industrial,"
Section 13.20.280, "Schedule G5 — General Service — Group 5 Commerical/Industrial,"
and Section 13.20.310, "Schedule 11 — General Service — Group 5 Commercial/Industrial —
Optional," in Their Entirety (EU)
Set public hearing for March 7, 2018, to consider introducing ordinance amending Lodi Municipal
Code Chapter 13.20, "Electrical Service," by repealing and reenacting Section 13.20.260,
"Schedule G3 - General Service - Group 3 Commercial/Industrial," Section 13.20.270, "Schedule
G4 - General Service - Group 4 Commercial/Industrial," Section 13.20.280, "Schedule G5 -
General Service - Group 5 Commerical/Industrial," and Section 13.20.310, "Schedule 11 - General
Service - Group 5 Commercial/Industrial - Optional," in their entirety.
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.
John Slaughterback expressed support for parking meters based on the facts that meter charges
are not expensive, revenue could fund street and sidewalk maintenance and leaf removal, and
the meters include video surveillance, which should help downtown merchants feel more secure
and discourage panhandling. He further suggested the City consider charging groups for
downtown street events, such as the Farmers' Market and Street Faire, to recover costs for street
cleaning after such events.
Pauline Meyer spoke regarding the homelessness issue, specifically the high cost of the County's
proposed employee to manage its program to help the homeless; the poor treatment of homeless
individuals who are trying to improve their lives; removal of belongings during sweeps; and the
need for housing or a program to assist those who are clean and need a place to stay.
Bob Highfill, representing the Lodi Winegrape Commission, invited Council and the public to
attend the Lodi Wine and Chocolate Weekend on February 10 - 11, 2018, which will include over
50 wineries and serve as a significant boost for tourism, the economy, and the wine industry.
E. Comments by the City Council Members on Non -Agenda Items
Mayor Pro Tempore Mounce thanked the City Manager for joining her at Casa de Lodi to meet
with the seniors who live in the affordable housing complex and requested he craft and bring back
an ordinance relating to rent control at Casa de Lodi as requested by the residents.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings
G-1
Public Hearing to Consider Adopting Resolution Setting Pre -Approved Engineering News
Record Adjustment Index for Usage -Based and Flat Water Rates for Residential,
Commercial, and Industrial Customers (PW)
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Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Pro Tempore Mounce called for the public hearing to
consider adopting a resolution setting pre -approved Engineering News Record adjustment index
for usage -based and flat water rates for residential, commercial, and industrial customers.
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding water rates.
Specific topics of discussion included water rate setting, recommendation, Water operating
balances, Water Meter Program status, seven-year summary, recommended water flat rates,
recommended metered rates, three -percent increase amounts, and local rate comparisons.
Council Member Chandler suggested adding language to the resolution that the City commits to
completing the Water Meter Program during the current fiscal year as a demonstration to rate
payers that they will receive a benefit from this rate increase. Mr. Swimley pointed out Phase 8
will be completed this time next year as bidding for the project is pending the outcome of Council
approval of this rate increase request.
Council Member Mounce suggested postponing both the rate increase and the Water Meter
Program for two to three years in order to build up cash before proceeding with the remainder of
the Water Meter Program since the City has until 2025 to move to meters. Mr. Swimley stated he
was unprepared to predict or recommend an action that far into the future; however, he was
prepared to discuss a potential one-year deferment. An agreement will come before Council on
the next agenda for the Proposition 218 procedure, which will include a rate study, a refresh of
the existing model, five-year outlook of expenditures, and scenarios that will provide Council
options through 2024.
Council Member Kuehne stated he understands previous Council's desire to fast-track the Water
Meter Program and that postponing the Program means a couple of alleys on the east side will
not get improved; however, another water rate increase would result in a combined increase of
15 percent over the last several years. He stated that postponing the Program for one year would
likely not be too detrimental for those on a flat rate with aging pipes and added he would have
liked to see other options presented.
Mayor Pro Tempore Mounce opened the public hearing for public comment.
Mike Lusk submitted the three following claims on behalf of citizen rate payers: 1) requesting a
budget item in Fiscal 2019/20 for $2 million for the southwest water tank to be removed from the
budget; 2) requesting removal of portion of the Surface Water Treatment Facility annual budgeted
cost of 66.7 percent, which represents the share of the overall cost attributed to new
development, leaving 33.3 percent of the existing customers' share of the cost; and 3) requesting
removal of a portion of the Woodbridge Irrigation District (WID) water purchase from the budget
that is not currently being used by the Surface Water Treatment Facility; refund, remove, or
reduce amounts paid for water that was not deliverable to property owners for the first nine years
of the contract; and refund portion of the contract from 2012 to current billing the amount of the
WID contract that has not been used and processed through the Surface Water Treatment
Facility. Each of these claims would reduce or cancel planned rate adjustments.
Spencer Dayton encouraged Council to hold off on increasing rates until the surveys and
business plan results come back because the City may end up raising rates before finding out
whether it is necessary or not.
David Claxton, downtown business owner, commented regarding the presentation of the
materials, stating it would be helpful to view where the water operating balance is now in
relationship to the two proposed balances in order to see if there is a downward trend and how far
it goes in the existing graph.
There being no further public comments, Mayor Pro Tempore Mounce closed the public hearing.
In response to Council Member Chandler, City Manager stated he would follow up on Mr. Lusk's
comments.
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Council Member Chandler made a motion, second by Council Member Johnson, to adopt
resolution setting pre -approved Engineering News Record adjustment index for usage -based and
flat water rates for residential, commercial, and industrial customers and addition of language to
the resolution that this will finish the Water Meter Program.
VOTE:
The above motion failed by the following vote:
Ayes: Council Member Chandler, and Council Member Johnson
Noes: Council Member Kuehne, and Mayor Pro Tempore Mounce
Absent: Mayor Nakanishi
G-2 Second Public Hearing to Receive Overview and Take Input Regarding Process and
Criteria for Drawing Voting Districts as Part of Transition to By -District Elections for City
Council Members (CA)
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Pro Tempore Mounce called for the second public hearing to
receive overview and take input regarding process and criteria for drawing voting districts as part
of transition to by -district elections for City Council Members.
City Attorney Magdich explained this is the second of five public hearings, and Shalice Tilton with
National Demographics Corporation (NDC) provided a demonstration and answered questions
regarding the City's website, the NDC www.drawlodi.org website, map drawing and submittal to
either NDC at Jodi@ndcresearch.com or to the City Clerk's Office, and qualified maps versus
maps not meeting legal requirements.
Ms. Tilton provided a PowerPoint presentation regarding 2017/2018 Districting. Specific topics of
discussion included project timeline, traditional districting criteria, demographic summary, Latino
eligible voter concentrations, defining communities of interest, sample compact maps, sample
multiple -representative maps, empowering residents, Lodi 2018 Districting Public Participation
Map, using online tool, issues related to redistricting.
RECESS
At 9:01 p.m., Mayor Pro Tempore Mounce called for a recess, and the City Council meeting
reconvened at 9:07 p.m.
Mayor Pro Tempore Mounce stated she does not support a "strong mayor" type of government
for the City because Lodi is not a charter city, it is a significant workload for one individual to
undertake for four years, and Lodi Council Members are part-time and do not receive a full-time
wage, which she felt was necessary for one individual to hold office as Mayor for that long.
Council Member Johnson also stated he was not in favor of a "strong mayor," especially for a city
of this size.
Council Member Kuehne stated he was interested in have the mayor position elected at -large
versus selected among five Council Members from each district and requested the matter be
explored further.
Council Member Chandler stated he prefers five districts and the Mayor selected among the
members.
Based on Council concurrence, Ms. Tilton stated the website would be revised to allow only the
five -district option for map drawing. Ms. Magdich pointed out the option can be explored again in
2020 after the next Census when it will be time to revisit the districts.
Both Council Member Kuehne and Mayor Pro Tempore Mounce stated they prefer that at least
three districts connect with the downtown area.
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Mayor Pro Tempore Mounce added that she would like to see a minimum of three district have a
portion of the east side in order to move things forward for the aging portion of town.
Mayor Pro Tempore Mounce opened the public hearing for public comment.
Maria Elena Serna agreed with Council that, based on Lodi's size, five districts with a Mayor
selected among the members is appropriate; that the Heritage District should be well represented
because it is the original Lodi made up of Latinos and seniors; and that the downtown area be
represented by two to three districts. She further suggested Council consider holding these
discussions at a Shirtsleeve Session in order to encourage greater participation.
David Claxton stressed the importance of having the downtown area be represented by as many
Council Members as possible and stated the Downtown Business Alliance will be meeting on this
subject on January 26, the results and recommendations from which will be shared with the
Council Members. He suggested the demographers provide a couple of maps in the process that
address how the east side area can be divided while still meeting the requirements of the law.
Mike Lusk commented it will likely be difficult to create a map that incorporates three sections of
the downtown that does not divide the east side.
There being no further public comments, Mayor Pro Tempore Mounce closed the public hearing.
Mayor Pro Tempore Mounce reiterated that she would like to see the east side represented by
three districts and she looks forward to seeing what the demographers create.
Ms. Tilton explained the demographers will present two to three legally -compliant maps that will
include options based on direction and feedback from Council.
H. Communications
H-1 Post for Expiring Terms on Lodi Improvement Committee (CLK)
Mayor Pro Tempore Mounce made a motion, second by Council Member Kuehne, to direct the
City Clerk to post for the following vacancy:
Lodi Improvement Committee
Doug Bojack, term to expire March 1, 2018
Fran Forkas, term to expire March 1, 2018
Curtis Juran, term to expire March 1, 2018
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Noes: None
Absent: Mayor Nakanishi
H-2 Monthly Protocol Account Report (CLK)
Council Member Kuehne made a motion, second by Council Member Chandler, to approve the
monthly Protocol Account Report through December 31, 2017.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Noes: None
Absent: Mayor Nakanishi
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I. Regular Calendar
1-1 Adopt Resolution Delegating Authority to Make Determinations Regarding Industrial and
Non -Industrial Disability Retirements Pursuant to Government Code § 21173, and
Rescinding Resolution No. 97-149 (CM)
Human Resources Manager Adele Post provided a presentation regarding delegating authority to
make determinations regarding industrial and non -industrial disability retirements pursuant to
Government Code § 21173, and rescinding Resolution No. 97-149. Specific topics of discussion
included current authority granted to City Manager since 1975; resolution updates over the years
to meet changing regulations; notification from California Public Employees Retirement System
that resolution must be signed by the highest level of authority (i.e. mayor) versus the city clerk;
and recommendation to rescind previous resolution and adopt new resolution to be signed by the
sitting Mayor.
Council Member Kuehne made a motion, second by Council Member Chandler, to adopt
Resolution No. 2018-06 delegating authority to make determinations regarding industrial and non-
industrial disability retirements pursuant to Government Code § 21173, and rescinding Resolution
No. 97-149.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, and
Mayor Pro Tempore Mounce
Noes: None
Absent: Mayor Nakanishi
J. Ordinances — None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
9:38 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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