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HomeMy WebLinkAboutMinutes - October 3, 2018LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, OCTOBER 3, 2018 C-1 Call to Order / Roll Call The City Council Closed Session meeting of October 3, 2018, was called to order by Mayor Nakanishi at 6:16 p.m. Present: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Absent: Council Member Johnson, and Council Member Kuehne 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, Lodi Fire Mid -Management, and Unrepresented Confidential Employees Pursuant to Government Code §54957.6 (CM) b) Exposure to Litigation: Government Code.5§54956.9(b), 54956.9(d)(2), and 54956.9(e)(1); Multiple cases; Conference with City Attorney Regarding Exposure to Litigation, the Facts and Circumstances of Which are Unknown to Potential Plaintiffs; the City Attorney Believes that the Facts and Circumstances Creating the Exposure to Litigation are Not Known to Potential Plaintiffs and, if Disclosed, Would Significantly Increase the City's Exposure to Litigation (CA) C-3 Adjourn to Closed Session At 6:16 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:57 p.m. C-4 Return to Open Session / Disclosure of Action At 7:06 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions. Items C -2a) and C -2b) were discussion and direction given with no reportable action. A. Call to Order / Roll Call The Regular City Council meeting of October 3, 2018, was called to order by Mayor Nakanishi at 7:06 p.m. Present: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Absent: Council Member Johnson, and Council Member Kuehne Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Presentations NOTE: Item B-1 was heard following the Consent Calendar to provide additional time for the award recipient to arrive. 1 B-2 Public Power Week Proclamation (EU) Mayor Nakanishi presented a proclamation to Electric Utility Director Elizabeth Kirkley proclaiming October 15-19, 2018, as Public Power Week in Lodi. Ms. Kirkley invited everyone to attend Electric Utility's open house on Wednesday, October 17, 2018, at which 26 classes of first through sixth graders will receive information and see demonstrations about renewable resources, energy efficiency, and safety for Electric Utility workers and safety in the home. Council Member Chandler pointed out this is also the 50th Anniversary of Northern California Power Agency. C. Consent Calendar (Reading; Comments by the Public; Council Action) 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. (NOTE: This action was taken following the action taken on Item C-4.) VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson, and Council Member Kuehne C-1 Receive Register of Claims in the Amount of $1,949,738.20 (FIN) Claims were approved in the amount of $1,949,738.20. C-2 Approve Minutes (CLK) The minutes of September 11, 2018 (Shirtsleeve Session), September 18, 2018 (Shirtsleeve Session), and September 19, 2018 (Regular Meeting) were approved as written. C-3 Adopt Resolution Awarding Contract for Blakely Park — North Pool Improvements to A. M. Stephens Construction Company, Inc., of Lodi ($384,708) and Appropriating Funds ($40,000) (PW) Adopted Resolution No. 2018-187 awarding the contract for Blakely Park - North Pool Improvements to A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $384,708, and appropriating funds in the amount of $40,000. C-4 Adopt Resolution Accepting Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1, Tract No. 3919, Public Improvements; Amending Traffic Resolution No. 97-148 by Approving Multi -Way Stop Control at Century Boulevard and Westgate Drive, Two -Way Stop Control on Van Ruiten Drive at Century Boulevard, Yield Control on Carnation Way at Blossom Drive, and Yield Control on Daffodil Drive at Primrose Drive; Further Approving Through Street on Van Ruiten Drive; and Appropriating Funds ($682,201) (PW) This item was pulled from the Consent Calendar at the request of a member of the public. Mike Lusk questioned whether this action relating to Villa Fiore was the final step in the trunk line relocation or if another portion is expected to be completed with the Frontier development, as well as whether or not any development impact fees were applicable to this project. Public Works Director Charlie Swimley responded that the $682,000 for this item pays only for the materials for the industrial pipeline project, while the developer paid for the remainder of the realignment costs through the development process. Further, Mr. Swimley stated this completes the realignment project as Villa Fiore did the entire pipeline to connect to White Slough. 2 Council Member Chandler made a motion, second by Mayor Pro Tempore Mounce, to adopt Resolution No. 2018-186 accepting Villa Fiore (Van Ruiten Ranch) Subdivision, Unit No. 1, Tract No. 3919, public improvements; amending Traffic Resolution No. 97-148 by approving multi -way stop control at Century Boulevard and Westgate Drive, two-way stop control on Van Ruiten Drive at Century Boulevard, yield control on Carnation Way at Blossom Drive, yield control on Daffodil Drive at Primrose Drive, and through street on Van Ruiten Drive; and appropriating funds in the amount of $682,201. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson, and Council Member Kuehne C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Clean Energy, of Newport Beach, for Monthly and Preventative Maintenance and Repairs of Compressed Natural Gas Fueling Station ($125,000) (PW) Adopted Resolution No. 2018-188 authorizing the City Manager to execute a Professional Services Agreement with Clean Energy, of Newport Beach, for monthly and preventative maintenance and repairs of compressed natural gas fueling station, in the amount of $125,000. C-6 Appoint John Campbell to the Personnel Board of Review (CLK) Appointed John Campbell to the Personnel Board of Review. C-7 Set Public Hearing for November 7, 2018, to Consider Unmet Transit Needs in Lodi (PW) Set public hearing for November 7, 2018, to consider unmet Transit needs in Lodi. C-8 Set Public Hearing for October 17, 2018, to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01 for Public Improvements Constructed with Lodi Shopping Center (PW) Set public hearing for October 17, 2018, to consider adopting resolution authorizing the City Manager to execute Reimbursement Agreement RA -18-01 for public improvements constructed with Lodi Shopping Center. B-1 Presentation of Lodi Improvement Committee Community Service Award for Jose Gomez (CD) Mayor Nakanishi, Lodi Improvement Committee (LIC) member David Diskin, and Lodi GRIP Youth Outreach Worker Ruben Guardiola presented Jose Gomez with the Lodi Improvement Committee Community Service Award. Mr. Diskin stated LIC is tasked with recognizing individuals in a community who go above and beyond and excel in what they do. Mr. Guardiola expressed his pride in Mr. Gomez, who turned his life around, and shared his experiences in getting to know Mr. Gomez and in working with him through a number of projects. 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. 3 Mike Lusk expressed concern about the newspaper article regarding the well water at Henderson School and whether its close proximity to the City limits could effect City wells. Further, he stated he supports Measure L and shared some of the concerns citizens have shared with him who feel it is more of a bond issue than a tax measure and that it is for the California Public Employees Retirement System (Cal -PERS) issue and nothing else, along with other negative views. He stated he is unsure how the City will educate the public on the measure, but he is doing his best to promote the measure that it is not solely for the Cal -PERS crisis. City Manager Schwabauer responded that City wells are monitored and may ultimately require treatment; however, no water is currently out of compliance. The City reached out to the Lodi Unified School District to see if it can assist in any way. Further, he explained that, with regard to the measure, staff can only present factual information, and nothing of a political or campaign nature, and provided details regarding the City's budget and the negative effects if no new revenues are added to the equation. The City will be forced to cut $6 to $7 million, which will equate to reductions in or elimination of public services. Alex Aliferis spoke against Measure L, stating the City has been untruthful about the measure and why it is needed and that he has heard nothing from the City Manager or Council Members about pension reform. He stated most Lodians do not make $100,000 to $200,000 salaries and that City Hall does not want a solution to the Cal -PERS problem because it loves the great pension payout. Doug Cheney spoke against Measure L and questioned what will happen five years after the sales tax increase, stating he believes it would be better to set a permanent quarter -cent sales tax rather than a five-year tax. He stated the City became aware of the Cal -PERS issue in 1998, but passed it from administration to administration, and now the City is stuck with the problem. Further, he does not believe anything the City, Council, or management has to say on the issue because figures are continuously being inflated or deflated depending on the demand. He stated he will continue to walk Kettleman Lane with his sign opposing Measure L and submitted a handout (filed) showing the City's organization chart. Mr. Schwabauer responded to the comment that the City has not done anything to address the Cal -PERS issue by outlining the various actions, including shifting 15 to 20 percent of retirement costs to employees, putting saved expenses into a pension stabilization fund in lieu of giving employee raises, reducing value of pension plans, creating a post -2009 tier for reduced vacations and accruals, keeping employee pay at below 2008 levels, transferring funding for the Lodi Conference and Visitors Bureau to hotels who now pay 100 percent of the program, paying the unfunded accrued liability early to get the higher interest earning, and maintaining City management employee pay at 12 percent below the average of comparison cities. Further, he outlined the efforts taken by him and Mayor Pro Tempore Mounce to testify before the Cal -PERS Board to convince it on the need for pension reform, in which it was not interested, and stated reform can only come from the State, not cities, because it is State law. Further, he clarified that the sales tax increase would be permanent, not five years. Elizabeth Kirkley, representing the Lodi Community Band, announced it will have a fundraiser next Wednesday, October 10, 2018, at Chili's with 20 percent of proceeds going to the band to fund performances at the Hutchins Street Square theater. E. Comments by the City Council Members on Non -Agenda Items Mayor Pro Tempore Mounce responded to the comments claiming Council has made no effort to address pension reform by outlining the steps she, the City Manager, and the League of California Cities have taken over the last four years to reach some sort of pension reform other than what the Governor did previously. She stated the City Manager was one of the few in California brave enough to tell Councils there is a problem with the pension system and he communicated that to the League and cities across the state, while she fought on the League and with the Governor to make changes. She stated she does not typically support tax increases, but by placing this sales tax measure on the ballot, citizens have a choice on what kind of community they want. She expressed disappointment that people she respects come to the podium and say 4 nothing is being done to address pensions and that the City is being untruthful. Mayor Nakanishi responded as well that many of the comments being made are factually incorrect and urged citizens to contact their legislators to make changes to State regulations regarding pensions because the City has no control over it. He stated that revenues are going to continue to decrease, which will result in drastic cuts to services, and that by 2024 the City will be insolvent and will have spent all of its reserves. The measure will help keep Lodi as it is, otherwise, it will be forced to make cuts. Further, he announced that two more Town Hall meetings are coming up: October 8 to discuss efforts to address homelessness in Lodi, and October 15 to discuss crime statistics. F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings — None H. Regular Calendar H-1 Receive Direction Regarding Possible Purchase of Existing State Route 99/Union Pacific Railroad Bridge from Union Pacific Railroad for Future Bike/Pedestrian Pathway (PW) Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the State Route 99/Union Pacific Railroad bridge. Specific topics of discussion included CalTrans project, aerial overview, City's Bicycle Master Plan, CalTrans inquiry into City purchase of bridge, photographs of property, and staff recommendation to not purchase the bridge. Mr. Swimley added that Bike Lodi supports staffs recommendation to not purchase the bridge as it would rather see the City's limited resources focused on the green line. Kathryn Siddle with Bike Lodi stated there are multiple bike routes with signal detection and this bridge is unnecessary. She reaffirmed Bike Lodi's concurrence with staff's recommendation to not purchase the bridge. Council Member Chandler stated he too agrees with the staff recommendation and thanked Bike Lodi for its input. He stated he has been on many rides with Bike Lodi and there are many routes, including some on Pine Street and paths leading to the vineyards, that there is no need to obstruct those efforts. Doug Cheney complained there are no bike lanes extending to the east side, which is the most impoverished area of town, stating the east side needs bike lanes just as much as the west side and winery locations. City Manager Schwabauer pointed out that Lodi has a Bicycle Master Plan that calls for bike lanes all over town and added there are bike lanes through Pine Street heading toward the east side. Additionally, there are plans to add bike lanes along Lockeford Street, between Cherokee Lane and the railroad tracks, which will cover the east side. Further, the bike lanes on the west side of town are all being constructed with new developments. Mayor Pro Tempore Mounce stated she has been actively involved since 1994 in ensuring the east side is not ignored and requested the City Manager provide a synopsis on the City's investment on the east side, including the Stockton Street upgrade and alley and sidewalk improvements, as well as the Lodi Gang Reduction, Intervention, and Prevention Program to name a few. Mayor Nakanishi stated he was opposed to purchasing the bridge. Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to approve staffs recommendation to not purchase the existing State Route 99/Union Pacific Railroad bridge from Union Pacific Railroad for future bike/pedestrian pathway. 5 VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson, and Council Member Kuehne H-2 Introduce Ordinance Amending Lodi Municipal Code Title 2 — Administration and Personnel — byRepealing and Re -Enacting Section 2.12.120, "Disposition of Surplus Personal Property," in Its Entirety (PD/CM) Captain David Griffin provided a presentation regarding the ordinance amendment relating to disposition of surplus personal property. Captain Griffin explained that a request was made by officers that they be allowed to purchase their duty firearm upon retirement under the conditions that they are honorably retired, at retirement age, and have no mental health issues. The Police Department will calculate the going rate for the purchase of a new, replacement handgun and give the retiring officer an opportunity to purchase their service revolver at that rate. This change to the ordinance would be no cost to the City. City Attorney Janice Magdich added that the Police Department prepared a policy covering the protocol for the purchase of the firearm and developed an agreement the retiring officer would sign that he or she will take the weapon as is and accept all liability. Deputy City Manager Andrew Keys continued the presentation regarding the need to adjust some of the purchasing authorities in the ordinance as well. Specific topics of discussion included updating the methods for disposing of surplus property by allowing online or public actions, updating current thresholds for surplus limits relating to competitive versus direct sales, and continuing the practice of receiving Council authorization to sell and dispose of property for anything above those limits. Mike Lusk asked what type of surplus products would be bid versus directly sold and questioned the reason for raising the limit for indirect sales. Further, he stated he supports the request for officers to purchase their service revolvers upon retirement. City Manager Schwabauer explained that it is cumbersome to come to Council each time the City wants to sell a book, cracked iPad, or old furniture and there is a lot of work involved in getting rid of those items; therefore, instead of going to Council, staff would like to put it up for public auction on-line because the auction sites will generate more input and interest for these low -value items. Mr. Keys added there are auction sites specifically for government purposes. Council Member Chandler made a motion, second by Mayor Pro Tempore Mounce, to introduce Ordinance No. 1959 amending Lodi Municipal Code Title 2 - Administration and Personnel - by repealing and re-enacting Section 2.12.120, "Disposition of Surplus Personal Property," in its entirety. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson, and Council Member Kuehne I. Ordinances 1-1 Adopt Ordinance No. 1958 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 — Public Services — Chapter 13.20, `Electrical Service,' Article III, `Rates,' by Repealing and Re -Enacting Section 13.20.315, `Schedule EDR — Economic Development Rates,' in Its Entirety" (CLK) 6 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 Ordinance No. 1958 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 - Public Services - Chapter 13.20, 'Electrical Service,' Article III, 'Rates,' by Repealing and Re -Enacting Section 13.20.315, 'Schedule EDR - Economic Development Rates,' in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held September 19, 2018. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Mounce, and Mayor Nakanishi Noes: None Absent: Council Member Johnson, and Council Member Kuehne K. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 8:13 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 7