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HomeMy WebLinkAboutMinutes - December 19, 2018LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, DECEMBER 19, 2018 C-1 Call to Order / Roll Call The City Council Closed Session meeting of December 19, 2018, was called to order by Mayor Chandler at 6:16 p.m. Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: None Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo NOTE: Council Member Johnson participated in the meeting via teleconference. C-2 Announcement of Closed Session a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Police Officers Association of Lodi, International Brotherhood of Electrical Workers, Lodi Police Dispatchers Association, and Fire Mid - Management Pursuant to Government Code §54957.6 (CM) b) Review of Council Appointees — City Manager, City Attorney, and City Clerk to Include Compensation Evaluation Pursuant to Government Code §54957 c) Actual Litigation: Government Code §54956.9; Five Applications; Richard Gerlack v. City of Lodi; Workers Compensation; WCAB Case Nos. ADJ5697157 (DOI: 03/20/2003); ADJ8807647 (DOI: 05/23/2009); ADJ8677568 (DOI: 06/24/2009); ADJ8797345 (DOI: 07/14/2009); and AJD8797348 (DOI: CT -08/10/2010) (CA/Risk) d) Threatened Litigation: Government Code §54956.9(b); One Case; Potential Suit by Thomas Gabriel against City of Lodi Based on Retirement Benefits — Conversion of Sick Leave (CA) C-3 Adjourn to Closed Session At 6:16 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:56 p.m. C-4 Return to Open Session / Disclosure of Action At 7:05 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions. Items C-2 a), C-2 c), and C-2 d) were discussion and direction given with no reportable action. Item C-2 b) was not discussed. A. Call to Order / Roll Call The Regular City Council meeting of December 19, 2018, was called to order by Mayor Chandler at 7:05 p.m. 1 Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: None 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 Certificate of Appreciation to Lodi Lions Club for Emerson Park Playground Improvements (PRCS) Mayor Chandler presented a Certificate of Appreciation to Richard Prima representing the Lodi Lions Club in recognition of the Emerson Park playground improvements. Mr. Prima thanked and recognized Lions Club members, City staff and departments, and the many financial donors who made this project possible. He urged anyone interested in becoming involved in the Lodi Lions Club to visit its website at www.lodilions.org. Deputy Parks, Recreation, and Cultural Services (PRCS) Director Cathi DeGroot thanked the Lions Club on behalf of PRCS, the Parks and Recreation Commission, and current and future generations of children in Lodi. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Mounce made a motion, second by Council Member Nakanishi, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None C-1 Receive Register of Claims in the Amount of $4,091,293.24 (FIN) Claims were approved in the amount of $4,091,293.24. C-2 Approve Minutes (CLK) The minutes of November 27, 2018 (Shirtsleeve Session), December 4, 2018 (Shirtsleeve Session), and December 5, 2018 (Regular Meeting) were approved as written. C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Blakely Park — Shade Structures (PW) Approved plans and specifications and authorized advertisement for bids for Blakely Park - Shade Structures. C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Interwest Consulting Group, Inc., of Elk Grove, for Citywide Bicycle Facilities Detection Improvement Project Design Services ($59,990) (PW) Adopted Resolution No. 2018-240 authorizing the City Manager to execute a Professional Services Agreement with Interwest Consulting Group, Inc., of Elk Grove, for Citywide Bicycle Facilities Detection Improvement Project design services, in the amount of $59,990. 2 C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for Wastewater National Pollutant Discharge Elimination System Permit Regulatory Compliance Services ($65,378) (PW) Adopted Resolution No. 2018-241 authorizing the City Manager to execute a Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for wastewater National Pollutant Discharge Elimination System permit regulatory compliance services, in the amount of $65,378. C-6 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for Engineering Services for Lodi Lake Riverbank Stabilization and Restoration Project ($278,500) and Appropriating Funds ($278,500) (PW) Adopted Resolution No. 2018-242 authorizing the City Manager to execute a Professional Services Agreement with Kjeldsen, Sinnock & Neudeck, Inc., of Stockton, for engineering services for Lodi Lake Riverbank Stabilization and Restoration Project, in the amount of $278,500, and appropriating funds in the amount of $278,500. C-7 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with The Reed Group, Inc., of Sacramento, for Water and Wastewater Financial Plan and Rate Update and Study ($15,000) (PW) Adopted Resolution No. 2018-243 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with The Reed Group, Inc., of Sacramento, for water and wastewater financial plan and rate update and study, in the amount of $15,000. C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Wastewater Operation and Maintenance Assistance Services ($120,000) (PW) Adopted Resolution No. 2018-244 authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for wastewater operation and maintenance assistance services, in the amount of $120,000. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services Agreement with 3D Data Com, of Rancho Cordova, for Lodi Transit Station and Parking Structure Safety and Security Project (PW) Adopted Resolution No. 2018-245 authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with 3D Data Com, of Rancho Cordova, for Lodi Transit Station and Parking Structure Safety and Security Project. C-10 Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with ESCI, Inc., of Bellingham, Washington, for Lodi Electric Utility Safety Services ($187,284) (EU) This item was pulled from the agenda pursuant to staffs request. C-11 Adopt Resolutions (1) Authorizing Examination of Sales, Use, and Transactions Tax Records and Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Hinderliter, de Llamas and Associates, of Diamond Bar, for Measure L Transactions Tax Analysis, Audit Recovery, and Information Services and (2) Authorizing City Manager to Execute Agreements with California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax (CM) Adopted Resolution No. 2018-246 authorizing examination of sales, use, and transactions tax records and authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas and Associates, of Diamond Bar, for Measure L transactions tax analysis, audit, recovery, and information services and Resolution No. 2018-247 3 authorizing the City Manager to execute agreements with California Department of Tax and Fee Administration for implementation of a local transactions and use tax. C-12 Adopt Resolution Approving Final Map for Church Street Village, Tract No. 3988 (PW) Adopted Resolution No. 2018-248 approving Final Map for Church Street Village, Tract No. 3988. C-13 Adopt Resolution in Support of Autonomous Vehicle Testing as a Public Safety and Economic Development Incentive (CLK) This item was pulled from the Consent Calendar at the request of a member of the public. Alex Aliferis requested that Council reject the resolution regarding autonomous vehicles based on the fact that there have been fatal accidents involving autonomous vehicles, resulting in one governor banning these types of vehicles. In addition, these vehicles are not an economic incentive because they will begin to replace the human workforce and cause people like truck drivers to lose their jobs. Mayor Pro Tempore Kuehne pointed out there are phases in the evolution of autonomous vehicles and this is still in the early stages. Further, he stated the resolution does not state the City of Lodi wants autonomous vehicles in its community; rather, it states that the City is interested in the technology associated with those vehicles, how they can be implemented, and how the City can prepare for it. City Manager Schwabauer added this is not a binding resolution setting rules and regulations or terms and conditions on autonomous vehicles; it is more of a welcome. Council Member Nakanishi stated this was supported by the San Joaquin County Board of Supervisors and that it is continuing to be monitored through San Joaquin Council of Governments, on which Mayor Pro Tempore Kuehne serves; therefore, he was comfortable supporting it. Mayor Pro Tempore Kuehne made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2018-249 in support of autonomous vehicle testing as a public safety and economic development incentive. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None C-14 Accept Monthly Protocol Account Report through November 30, 2018 (CLK) Accepted Monthly Protocol Account Report through November 30, 2018. C-15 Set Public Hearing for January 16, 2019, to Consider Modification/Elimination of Condition 46 of Resolution No. 2018-139 for the 76 Gas Station at 141 East Harney Lane (CD) This item was pulled from the agenda pursuant to staffs request. 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 4 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. Dean Machado, owner of Woodlake Cleaners, shared recent incidents at his business involving an employee who stole company money, supplies, and client lists, as well as personal belongings; sold client lists to competing companies; and threatened, harassed, and stalked them, their family, and their customers. Despite filing a police report against this employee, he and his wife, as owners of the business, were served with a retraining order by this individual and were told that the District Attorney would not prosecute because the City does not take legal action against misdemeanors as it would not recover its money on the case. He asked that the City reconsider and take action against this individual. Rebecca Machado thanked Council and staff for listening and considering their request. City Manager Schwabauer responded that he will discuss this matter with the Police Chief and get back to them tomorrow because the City takes these issues seriously. He further explained that the District Attorney does not work for the City of Lodi and cannot make representations on its behalf and that Lodi is not in the business of making money off criminal cases it tries. Marilyn Hughes expressed frustration that she cannot locate Council district information on the website to help her decide for whom to vote. Further, she expressed disappointment in the recent Council reorganization results, stating it sends a negative message to girls in the community. She suggested the City offer presentations once or twice a year demonstrating that women can be on the Council or a board or commission and that they can move into key positions within the City. Mr. Schwabauer responded that the district map is on the City Clerk's election page; however, beginning in January 2019, the City will have a more transparent, user-friendly website that will make it easier for people to find information. He stated the City Clerk will mail her a copy of the district map. Alex Aliferis reminded Council to continue to be focused and engaged on pension reform, despite the passage of Measure L. He stated that, just because the measure passed, the pension situation does not go away or resolve itself. Jacki Lauchland Shaw made comments relating to Item H-6 (Perrin Ranch), which was postponed to January 16, 2019, on protecting the greenbelt south of Lodi, reducing traffic smog from increased housing, ensuring adequate water supply, and promoting jobs in the wine industry, as well as wine tourism. E. Comments by the City Council Members on Non -Agenda Items In response to Alex Aliferis, Council Member Mounce assured that the League of California Cities continues to work diligently on pension reform and it is once again one of the League's top three priorities. Further, Council Member Mounce commented on a letter received by Richard Sanborn regarding the shabby condition of Cherokee Lane, stating this area serves as a gateway to the community and includes hotels bringing visitors to town and it should be cleaned up. F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings — None H. Regular Calendar H-1 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and Lodi Police Dispatchers Association for Period January 1, 2018 through June 30, 2019 (CM) 5 Human Resources Manager Adele Post provided a presentation regarding the Memorandum of Understanding (MOU) between City of Lodi and Lodi Police Dispatchers Association. Specific topics of discussion included highlights of the redline MOU including 18 -month term of contract ending June 30, 2019; increase to the City's maximum contribution to healthcare premiums by 5 percent; one-time bank of 40 hours of non-cashable leave to be used by December 31, 2019; amendment to Flexible 125 plan to provide carryover of contributions; 3 percent salary adjustment effective October 22, 2018 for a 3 percent employee contribution of California Public Employees Retirement System; and 1 percent salary adjustment for the Lead Dispatcher classification, effective October 22, 2018. Council Member Nakanishi informed the public that Council spent many hours discussing all of the employee contracts in closed session. Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to adopt Resolution No. 2018-250 approving the Memorandum of Understanding between City of Lodi and Lodi Police Dispatchers Association for the period of January 1, 2018 through June 30, 2019. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None H-2 Adopt Resolution Approving Side Letter Amending Statement of Benefits between City of Lodi and Fire Mid -Management for Period January 1, 2018 through June 30, 2019 (CM) Human Resources Manager Adele Post provided a presentation regarding the side -letter agreement amending the Statement of Benefits between City of Lodi and Fire Mid -Management. Specific topics of discussion included changes to previously -approved Statement of Benefits to amend language regarding unilateral elimination of salary adjustment with regard to the cost- sharing agreement and to add the special leave bank that was inadvertently left out of the agreement. Council Member Mounce made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2018-251 approving the side -letter agreement amending the Statement of Benefits between City of Lodi and Fire Mid -Management for the period of January 1, 2018 through June 30, 2019. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None H-3 Adopt Resolution Approving Side Letter Amending Memorandum of Understanding between City of Lodi and Police Officers Association of Lodi for Period January 1, 2018 through June 30, 2019 (CM) Human Resources Manager Adele Post provided a presentation regarding the side -letter agreement amending the Memorandum of Understanding between City of Lodi and Police Officers Association of Lodi. Specific topics of discussion included grievance filed by Police 6 Officers Association relating to cash out of vacation, mutual agreement to include all incentives in the vacation cash out calculation; only two employees impacted in 2018; and cost of $1,100 for 2018. Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to adopt Resolution No. 2018-252 approving the side -letter agreement amending the Memorandum of Understanding between City of Lodi and Police Officers Association of Lodi for the period of January 1, 2018 through June 30, 2019. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None H-4 Adopt Resolution Approving Revisions to Contracts for City of Lodi Council Appointees Amending Compensation and Benefits Human Resources Manager Adele Post provided a presentation regarding revisions to contracts for City of Lodi Council Appointees amending compensation and benefits. Specific topics of discussion included Council performance reviews of Council Appointees; highlights of recommendations including increase to the City's maximum contribution to healthcare premiums by 5 percent, amendment to the Flexible 125 plan to provide for carryover of contributions, and 3 percent salary adjustment effective December 3, 2018 for a 3 percent employee cost contribution of the employer's contribution toward California Public Employees Retirement System; and 5 percent salary increase effective November 19, 2018 for City Attorney to compensate for taking on risk management duties and oversight of workers compensation, general liability, insurance, claims, and safety. Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to adopt Resolution No. 2018-253 approving revisions to the contracts for City of Lodi Council Appointees amending compensation and benefits. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None H-5 Adopt Resolution Rescinding Resolution No. 2014-161 and Approving Benefit Modifications for Council Members (CM) Human Resources Manager Adele Post provided a presentation regarding benefit modifications for Council Members. Specific topics of discussion included highlight of the sole modification to Council benefits to increase the City's maximum contribution to healthcare premiums as was provided to all employees and recommendation to adopt resolution outlining all of the Council benefits. City Manager Schwabauer stated that, with this action, negotiations for the last year are concluded with most contracts expiring in the next 6 to 12 months. He expressed appreciation to 7 employees for understanding the City's financial situation and not demanding overall salary increases for the year. Mayor Pro Tempore Kuehne made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2018-254 rescinding Resolution No. 2014-161 and approving benefit modifications for Council Members. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None H-6 Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement with Anthem United Perrin Ranch, Limited Partnership, for Annexation Entitlement Processing and Environmental Review Services for Proposed Perrin Ranch Project at 1890 East Harney Lane (CD) This item was pulled from the agenda pursuant to staffs request. I. Ordinances — None J. Reorganization of the Following Agency Meetings: Lodi Public Improvement Corporation, Industrial Development Authority, Lodi Financing Corporation, and Lodi Public Financing Authority Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, to adopt the following resolutions: Resolution No. LPIC2018-01 reorganizing the Lodi Public Improvement Corporation; Resolution No. IDA -41 reorganizing the Industrial Development Authority; Resolution No. LFC-28 reorganizing the Lodi Financing Corporation; and Resolution No. LFPA2018-02 reorganizing the Lodi Public Financing Authority. ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: None K. Adjournment Mayor Chandler wished everyone a Merry Christmas. There being no further business to come before the City Council, the meeting was adjourned at 8:03 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 8