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HomeMy WebLinkAboutMinutes - November 20, 2019LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, NOVEMBER 20, 2019 C-1 Call to Order / Roll Call The City Council Closed Session meeting of November 20, 2019, was called to order by Mayor Chandler at 6:01 p.m. Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: Council Member Mounce 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, Lodi Professional Firefighters, Executive Management, and Confidential Employees Pursuant to Government Code §54957.6 (CM) C-3 Adjourn to Closed Session At 6:01 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matter. The Closed Session adjourned at 6:45 p.m. C-4 Return to Open Session / Disclosure of Action At 7:03 p.m., Mayor Chandler 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 November 20, 2019, was called to order by Mayor Chandler at 7:03 p.m. Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Presentations B-1 Quarterly Update from Greater Lodi Area Youth Commission (PRCS) Greater Lodi Area Youth Commissioners Brendon Duran and Kevin Armknecht provided a quarterly update of Commission activities. Mr. Duran reported that the annual Pigskin dance was held on November 16, 2019, and was a great success with a sold-out event and over 1,000 students attending. Mr. Armknect announced that the Commission also held a canned food drive for the Salvation Army and is planning its annual Casino Night for next spring. B-2 Mayor’s Community Service Award (CLK) 1 Mayor Chandler presented the Mayor's Community Service Award to Kathryn Siddle in recognition of her contributions to the Lodi community. Mayor Chandler stated that Ms. Siddle is incredibly active in the community by serving on boards including, Bike Lodi, the Breakthrough Project for Social Justice, Lodi Improvement Committee, Friends of the Library, Showered with Love Mobile Showers, and Visit Lodi. Ms. Siddle also regularly volunteers with the Friends of the Library Bookstore, Lodi House Thrift Store, Women's Center, Lodi Homeless Committee, the Chamber of Commerce Tourism Vision Action Team, the Asset Based Community Development Team, and the Healthy Lodi initiative and is a member of the Philanthropic Education Organization. Ms. Siddle stated she was thankful for this recognition and quickly pointed out that community service is not a solo act; it takes a team and support system. C. Consent Calendar (Reading; Comments by the Public; Council Action) Council Member Johnson made a motion, second by Mayor Pro Tempore 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 Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-1 Receive Register of Claims for October 18, 2019 through October 31, 2019 in the Amount of $4,199,982.58 (FIN) Claims were approved in the amount of $4,199,982.58. C-2 Approve Minutes (CLK) The minutes of October 22, 2019 (Special Meeting), October 22, 2019 (Shirtsleeve Session), and October 29, 2019 (Shirtsleeve Session) 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 Adopt Resolution Awarding Bids for Purchase of 14 Pole-Mount and 42 Pad-Mount Transformers from Howard Industries, of Laurel, Mississippi ($56,227.22); ERMCO, of Dyersburg, Tennessee ($91,716.99); Pacific Utilities, of Concord ($11,758.12); and Anixter Incorporated, of Benicia ($125,651.75) (EU) Adopted Resolution No. 2019-229 awarding the bids for purchase of 14 pole-mount and 42 pad- mount transformers from Howard Industries, of Laurel, Mississippi, in the amount of $56,227.22; ERMCO, of Dyersburg, Tennessee, in the amount of $91,716.99; Pacific Utilities, of Concord, in the amount of $11,758.12; and Anixter Incorporated, of Benicia, in the amount of $125,651.75. C-6 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Three Traffic Control Cabinets, with Controllers, from Econolite Systems, Inc., of Anaheim ($48,698) (PW) 2 Adopted Resolution No. 2019-230 authorizing the City Manager to waive bid process and purchase three traffic control cabinets, with controllers, from Econolite Systems, Inc., of Anaheim, in the amount of $48,698. C-7 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Three Sewer Lift Station Pump Assemblies from Pacific Water Resources, of Burlingame ($35,707) and Appropriating Funds ($35,707) (PW) Adopted Resolution No. 2019-231 authorizing the City Manager to waive bid process and purchase three sewer lift station pump assemblies from Pacific Water Resources, of Burlingame, in the amount of $35,707, and appropriating funds, in the amount of $35,707. C-8 Adopt Resolution Rejecting All Bids for Church Street Bike and Pedestrian Improvement Project (PW) This item was removed from the Consent Calendar at the request of Mayor Pro Tempore Kuehne for discussion purposes. In response to Mayor Pro Tempore Kuehne, Public Works Director Charlie Swimley explained that the project is being rejected at this time because staff does not want to initiate a project that does not have appropriate funding. The Church Street Bike and Pedestrian Improvement Project was funded by grant dollars, and the lowest bid exceeded the grant amount by $650,000. Staff would like time to take another look at the project scope to see if it can be streamlined and to reduce the cost. He stated he hopes the construction climate will settle so it can be re-bid next year. Council Member Johnson questioned why there was such a large spread between the numbers, to which Mr. Swimley responded that not every project is estimated correctly. The bidders' amounts were tight, which indicates the plans and competition were good. Most of the bidders also quoted a contractor using the same signal modification company as the lowest bid, and that amount alone was $400,000 higher than what staff estimated. He stated there is a significant amount of construction activity around the State at this time and perhaps the timing of this project was not right. Mayor Pro Tempore Kuehne made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2019-243 rejecting all bids for Church Street Bike and Pedestrian Improvement Project. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-9 Accept Improvements Under Contract for 2018/19 Pavement Resurfacing Project and Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 ($7,440) (PW) Accepted improvements under contract for 2018/19 Pavement Resurfacing Project and adopted Resolution No. 2019-232 authorizing the City Manager to execute Change Order No. 2, in the amount of $7,440. C-10 Accept Improvements Under Contract for White Slough Water Pollution Control Facility Storage Expansion and Surface, Agricultural, and Groundwater Supply Improvements and Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Change Order No. 3 ($14,729), and Appropriating Funds ($30,000) (PW) This item was pulled from the Consent Calendar at the request of a member of the public. 3 Mike Lusk, member of the public, expressed concern about taking water out of the pond for the Lodi Energy Center (LEC) steam generation at no charge to the wastewater budget and questioned why the wastewater budget is paying the up-front costs for the recycled line and pumping water back to the LEC. He stated LEC should pay for the capital improvements to bring the water back because ratepayers are not benefitting from this and should not ultimately pay for it City Manager Schwabauer stated he would meet with Mr. Lusk to discuss this further. Mayor Pro Tempore Kuehne stated he was reluctant to vote on the matter without an answer, to which Mr. Schwabauer replied that the construction work has been completed and Council needs to accept the improvements; Council can make changes to the financing at a later date. Mayor Pro Tempore Kuehne made a motion, second by Council Member Nakanishi, to accept improvements under contract for White Slough Water Pollution Control Facility Storage Expansion and Surface, Agricultural, and Groundwater Supply Improvements and adopted Resolution No. 2019-244 ratifying expenses and authorizing the City Manager to execute Change Order No. 3, in the amount of $14,729, and appropriating funds, in the amount of $30,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-11 Accept Improvements Under Contract for Citywide Bike Lane Improvement Project (PW) Accepted improvements under contract for Citywide Bike Lane Improvement Project. C-12 Accept Improvements Under Contract for Lodi Fire Station No. 1 Kitchen Remodel Project (PW) Accepted improvements under contract for Lodi Fire Station No. 1 Kitchen Remodel Project. C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for Installation, Repair, and Maintenance of City Security Doors, Gates, and Access Controls ($90,000) (PW) Adopted Resolution No. 2019-233 authorizing the City Manager to execute Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for installation, repair, and maintenance of City security doors, gates, and access controls, in the amount of $90,000. C-14 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with LaRue Communications, Inc., of Stockton, for Transit Radio Transmission Services ($29,250) (PW) Adopted Resolution No. 2019-234 authorizing the City Manager to execute Professional Services Agreement with LaRue Communications, Inc., of Stockton, for Transit radio transmission services, in the amount of $29,250. C-15 Adopt Resolution Authorizing City Manager to Execute Agreement with Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System Software ($150,000) (PW) This item was removed from the Consent Calendar at the request of a member of the public. Mike Lusk, member of the public, expressed concern that the financing for this system was charged to the three utilities: water, wastewater, and electric. He felt it was unfair to charge the 4 costs to only those three enterprises when other departments within the City utilize the program for mapping, including Community Development and Public Works. He stated the cost should be spread across the entire budget or at least spread among the three utilities by percentage of use instead of evenly split. City Manager Schwabauer stated he will meet with Mr. Lusk to discuss this further and, in the meantime, encouraged Council to approve the matter as the system is needed. Council Member Johnson made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2019-245 authorizing the City Manager to execute an agreement with Environmental Systems Research Institute, Inc., of Redlands, for geographic information system software, in the amount of $150,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-16 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Callander Associates Landscape Architecture for DeBenedetti Park Construction and Related Documents ($338,480) (PRCS) Adopted Resolution No. 2019-235 authorizing the City Manager to execute Professional Services Agreement with Callander Associates Landscape Architecture for DeBenedetti Park construction and related documents, in the amount of $338,480. C-17 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreements with NJ Associates, Inc., of Lodi, and LDA Partners, Inc., of Stockton, for Development of Conceptual Architectural Renderings of Key Vacant Commercial and Industrial Development Sites in Lodi for Use as Economic Development Tools for Purpose of Business Attraction, Expansion, and Retention ($17,500) (CM) Adopted Resolution No. 2019-236 authorizing the City Manager to execute Professional Services Agreements with NJ Associates, Inc., of Lodi, and LDA Partners, Inc., of Stockton, for development of conceptual architectural renderings of key vacant commercial and industrial development sites in Lodi for use as economic development tools for purpose of business attraction, expansion, and retention, in the amount of $17,500. C-18 Adopt Resolution Authorizing City Manager to Execute Agreement for Purchase and Installation of New Public Safety Solution System from Zuercher Technologies, LLC, a Central Square Company, Which Will Replace Lodi Police Department’s Existing Superion System ($1,021,104.94); and Appropriate Funds ($450,000) (PD) Adopted Resolution No. 2019-237 authorizing the City Manager to execute an agreement for purchase and installation of new Public Safety Solution System from Zuercher Technologies, LLC, a Central Square Company, which will replace Lodi Police Department's existing Superion System, in the amount of $1,021,104.94, and appropriating funds, in the amount of $450,000. C-19 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Stantec Consulting Services, Inc., of Rancho Cordova, for Preparation and Submission of Fiscal Year 2020 Grant Application for Community-Wide Assessment Grant for Hazardous Substances and Petroleum Brownfields to US Environmental Protection Agency (CM) This item was pulled from the agenda pursuant to staff's request. 5 C-20 Adopt Resolution Authorizing City Manager to Execute Extension to Professional Services Agreement with EES Consulting, of Kirkland, Washington, for Electric Utility Rate Analysis Services (EU) Adopted Resolution No. 2019-238 authorizing the City Manager to execute extension to Professional Services Agreement with EES Consulting, of Kirkland, Washington, for Electric Utility rate analysis services. C-21 Adopt Resolution Authorizing City Manager to Execute Amendment No. 5 to Professional Services Agreement with Lyons Security Services, Inc., of Sacramento, for Security Services at City Hall Complex (Contract Not to Exceed $130,000 for Fiscal Year 2020) and Appropriating Funds ($40,000) (CM) This item was removed from the Consent Calendar at the request of Council Member Nakanishi for discussion purposes. In response to Council Member Nakanishi, City Manager Schwabauer explained that the City currently utilizes Lyons Security at the Library and Hutchins Street Square; however, there has been an increase in criminal behavior at City Hall resulting in increased calls to the Police Department for service. In order to ensure the safety of citizens and employees and to provide an extra level of comfort, this agreement will provide additional security on the City Hall campus. In response to Mayor Chandler, Mr. Schwabauer stated this increase in security will have a positive affect in that Lyons Security will have an easier time scheduling guards due to the increased hours. Currently, it is difficult for Lyons to arrange for guards because the City's demand is not enough to account for full-time employees. This change will require three full-time guards, which will be easier to schedule. Council Member Nakanishi made a motion, second by Council Member Johnson, to adopt Resolution No. 2019-246 authorizing the City Manager to execute Amendment No. 5 to Professional Services Agreement with Lyons Security Services, Inc., of Sacramento, for security services at City Hall Complex (contract not to exceed $130,000 for Fiscal Year 2020) and appropriating funds, in the amount of $40,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-22 Adopt Resolution Authorizing Lodi Electric Utility to Purchase Supplies through Long-Term (Two-Year with One-Year Extension) Contracts (EU) Adopted Resolution No. 2019-239 authorizing Lodi Electric Utility to purchase supplies through long-term (two-year with one-year extension) contracts. C-23 Rescind Resolution No. 2018-147 and Adopt Resolution Authorizing Issuance of Procurement Cards to Specified Positions (CM) Rescinded Resolution No. 2018-147 and adopted Resolution No. 2019-240 authorizing issuance of procurement cards to specified positions. C-24 Accept Monthly Protocol Account Report Through October 31, 2019 (CLK) Accepted Monthly Protocol Account Report through October 31, 2019. C-25 Adopt Resolution Authorizing Lodi Electric Utility’s 2019 Wildfire Mitigation Plan (EU) 6 This item was pulled from the Consent Calendar by staff for the purpose of providing a brief presentation. Phil O'Donnell with Navigant Consulting provided the firm's experience and knowledge in this arena and reported that he conducted an independent evaluation of the plan, which was submitted to the California Public Utilities Commission. Lodi's plan as submitted is comprehensive, appropriate for the risk environment in which Lodi exists, and has many benefits in its favor including the mostly urban area, available water sources, resources of the Lodi Fire Department, and its small area. He reported that the plan covered all 15 elements required in the regulations. Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, to adopt Resolution No. 2019-247 authorizing Lodi Electric Utility's 2019 Wildfire Mitigation Plan. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce C-26 Adopt Resolution Adopting Caltrans’ Local Assistance Procedure Manual – Chapter 10 (and Subsequent Updates) for Procurement of Architectural and Engineering Services Where Federal Funds Are Used for Services (Excluding Federal Transit Authority Funds) (PW) Adopted Resolution No. 2019-241 adopting Caltrans' Local Assistance Procedure Manual - Chapter 10 (and subsequent updates) for procurement of architectural and engineering services where federal funds are used for services (excluding Federal Transit Authority funds). C-27 Adopt Resolution Approving 2019 City of Lodi Title VI Program and Language Assistance Plan (PW) Adopted Resolution No. 2019-242 approving 2019 City of Lodi Title VI Program and Language Assistance Plan. D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l). The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda. John Nunes, member of the public, commented on a recent article he read in the newspaper on the importance of leaf pick-up to prevent flooding and contamination in the rivers and water. He questioned why the schedule shows leaf pick-up a few weeks off, adding that the upcoming holiday will not stop trees from dropping leaves and the predicted storms will only blow them around. He suggested that, when City trucks go through the alleys to pick up garbage and mattresses, they could pick up leaves as well. Public Works Director Charlie Swimley explained the high demand on Streets crews, particularly in light of the increase in homelessness and the steady reduction in employees, down at least 50 percent. He stated it is difficult to predict each fall when to begin picking up leaves, but typically the crews wait until the majority of leaves are down in order to utilize their efforts most efficiently. 7 Council Member Johnson asked Mr. Swimley to look into when Sacramento begins its leaf pick in comparison with Lodi. Mke Lusk, member of the public, stated he supports the City, even helped with the Measure L effort, and understands where the City stands as a result of the great recession; however, the rapid increase in development has added more demands on City resources and manpower. He suggested, with the upcoming General Plan review, the City look at its expansion and boundaries to determine where and how it will grow in the future. Council Member Johnson concurred with Mr. Lusk's comment, stating it is time for a thorough discussion as to what new residential development means to Lodi's overall picture and how much faster the City should grow. This should be done when the General Plan comes before Council. E. Comments by the City Council Members on Non-Agenda Items Mayor Pro Tempore Kuehne announced he will be participating in the Salvation Army's Kettle Kick-Off tomorrow at the Grape Festival grounds and encouraged the public to volunteer to ring the bells. Mayor Chandler announced that the Candy Cane Park dedication was held last Saturday, which drew a crowd of 150 people or more. Citizens continued to arrive throughout the event on foot or on bikes and with kids or dogs. The event included a dedication to Dr. Shock, and local resident and Candy Cane Park supporter, Myrna Wetzel, cut the ribbon. F. Comments by the City Manager on Non-Agenda Items None. G. Public Hearings G-1 Public Hearing to Consider Adopting Resolution Adopting Eastern San Joaquin Groundwater Basin Sustainability Plan (PW) Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider adopting resolution adopting Eastern San Joaquin Groundwater Basin Sustainability Plan. Water Plant Superintendent Travis Kahrs provided a PowerPoint presentation regarding the Sustainable Groundwater Management Act and the Eastern San Joaquin Groundwater Authority. Specific topics of discussion included timeline, public comments, and next steps. Mayor Chandler opened the public hearing for public comment. There being no public comments, Mayor Chandler closed the public hearing. Council Member Johnson made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2019-248 adopting Eastern San Joaquin Groundwater Basin Sustainability Plan. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce G-2 Public Hearing to Consider Adopting Resolution Approving Planning Commission’s Recommendation to Authorize 12 High-Density Residential Growth Management Allocations for Sunwest Commons Subdivision (CD) 8 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider adopting resolution approving Planning Commission's recommendation to authorize 12 High-Density Residential Growth Management Allocations (GMA) for Sunwest Commons Subdivision. City Manager Schwabauer provided a PowerPoint presentation regarding Residential GMAs for Sunwest Commons Subdivision. Specific topics of discussion included vicinity map, request for 12 High-Density Residential GMAs, Sunwest Commons architecture packet, allocations by year, and available allocations for 2019. Further, he reviewed the subdivision approval process, stating that projects go to the Site Plan and Architectural Review Committee and Planning Commission for approval of design, density, and intensity of project, after which the GMA approval process goes to Council for approval. Projects approved by the Planning Commission do not have a second approval process through Council, unless the project is appealed. An appealed project then goes to Council for review and decision. This is an outdated process created initially when there was a greater demand for housing than there were available housing units, particularly in light of the 2 percent growth limit. Developers would have to compete for GMAs, but that has not happened in a long time. To compound the issue, the GMA process comes at the end, and that should be changed to occur at the beginning, which he will work on amending once the new Community Development Director is hired. In summary, Mr. Schwabauer explained the only action Council can take at this meeting is whether or not to allocate all or some of the requested allocations, but it cannot redesign the subdivision. In response to Council Member Johnson, Mr. Schwabauer reiterated that Council can only discuss the project design if the project had been appealed following the Planning Commission's decision. He further stated Council could allocate all 12 requested GMAs, none of them, or some number of them, but it cannot redesign the project from the dais. Council Member Johnson questioned whether the concerns brought up in the Blue Sheet letter (filed), such as parking, would be discussed by Council, to which Mr. Schwabauer replied in the negative. Council cannot discuss the project design, and Mr. Giannoni, author of the Blue Sheet letter, had an opportunity to appeal the Planning Commission's decision but ultimately did not. Council Member Nakanishi questioned if Council can approve 6 GMAs versus 12, to which Mr. Schwabauer reiterated that Council has control over the GMA process; however, he stated he could not state with certainty whether Council could be challenged on the decision and he did not wish to provide that advice from the dais. Mayor Pro Tempore Kuehne stated the process, as it currently stands, is problematic for him because Council has no opportunity to weigh in on the project design; it can only approve the GMAs. He spoke in support of changing the process and requested a Shirtsleeve Session to discuss this further. The Council should have an opportunity to weigh in on issues such as traffic and density during discussion of the design instead of seeing the finished product without having any say in it. At this late stage in the process, he stated it would be unfair to authorize fewer GMAs than requested because the developers would need to go back to the drawing board. He stated the Blue Sheet raises good questions and asked if Council can address the issues brought up in the letter. City Attorney Magdich cautioned against redesigning the project from the dais and agreed the process needs to be corrected. Most cities do not have a GMA process, and these types of projects go to the Planning Commission to review zoning and issues associated with the development; that is the Commission's job. Unless appealed, the Council does not weigh in on the project design; the only item before Council is how many GMAs to authorize. With regard to the Blue Sheet item, Mr. Giannoni had an opportunity to appeal the project, which would have brought all of the issues before Council, but he chose not to appeal. Council has the staff recommendation, which includes Police and Fire acceptance relating to access to the property, and the Planning Commission's approval before it in considering approval of the GMAs. She added that a revised process will come before Council in the future. Mayor Pro Tempore Kuehne pointed out that most homeowners with three-bedroom homes utilize their garage as storage and, instead, park their cars on the street, which will be 9 problematic. He stated he does not support this, but will vote in favor of authorizing the GMAs. Mr. Schwabauer pointed out that in the near future councils will not be able to consider on- or off- street parking because cities will be mandated by the State to require projects with on-street parking in order to address affordable housing. Ms. Magdich added that this project is subject to Covenants, Conditions and Restrictions, which should give some level of comfort over the issues of parking, garbage cans, etc. Council Member Johnson stated he believes Mr. Giannoni is aware of the appeal process and knows better than to present a last-minute letter without following the procedure; however, he also believes that significant points were brought up in the Blue Sheet letter that should be discussed. He questioned if there was a way to waive the allocation issue and open a broader discussion to include the points raised in the Blue Sheet letter or postpone the matter to another date. Ms. Magdich stated the item was not agendized to accommodate such a discussion and there is no mechanism to reopen the project approved by the Planning Commission without an appeal. She added the Planning Commission considered all of the issues; heard from staff, the applicant, and surrounding property owners; and approved the project on a 5-0 vote. Mayor Chandler stated he believes a majority of the issues raised in the Blue Sheet were likely discussed at the Planning Commission level, while some of the issues have little merit because the underlying concern is how a high-density project could negatively affect their property values. The concerns should have been submitted at the proper time via the appeal process. Mayor Pro Tempore Kuehne pointed out that planning commissions look at a certain set of rules and parameters on projects, which this project fits. Councils, however, look at a broader perspective and how it impacts the community and neighborhoods. This method needs to be corrected so the GMA approval comes at the beginning of the process. He stated he will support this project because it is late in the process, but he will not support future projects until the procedure is corrected. Council Member Nakanishi agreed that the process needs to be adjusted. In the meantime, the Planning Commission approved the project, there is a designed development, and the public had an opportunity weigh in on it and, because of that, he will support moving forward with it. Mayor Chandler opened the public hearing for public comment. Mike Lusk, member of the public, expressed concern about the high number of growth allocations Lodi carries on the books, stating he is unsure how much of a 2 percent increase Lodi sees every year on top of the already allocated units. He is especially concerned that a greater number of out-of-town or out-of-state developers want to build in Lodi versus local builders. He expressed support that Council have the opportunity to conduct a final review and approval of development projects following the Planning Commission hearing because most citizens are unaware of the Planning Commission meetings and the appeal process. Lastly, he expressed support that GMAs reduce to zero each year. Steve Pechin, civil engineer with Baumbach and Piazza, spoke on behalf of the applicant in support of the recommendation to approve the requested GMAs. He stated he understands Council's issues with the way the process currently works and pointed out it is also timely for developers because it takes multiple meetings at the Planning Commission level, followed by the GMA approval process through Council. It takes several months to get through the process, in addition to the four- to six-week period it takes working with staff on the City's issues and concerns. With regard to this project, there were redesigns to address staff concerns, and all of the issues expressed in the Blue Sheet were addressed at the Planning Commission level. He pointed out that Mr. Giannoni was not at the Planning Commission meeting, nor did he present a letter at the meeting. Mr. Pechin stated that staff determined the design of the project met the parking requirements; it is an in-fill project; it has a senior housing component on the west side with a commercial office building on the east; and it is a project that will appeal to homeowners, most likely commuters. Based on all of the concerns brought forward, this project design was the best use for this piece of property. Mr. Pechin urged Council to accept the Planning Commission and staff recommendation and move forward with the project. 10 Mr. Schwabauer cautioned against cutting out all high-density allocations, stating there needs to be an equal mix of low-, medium-, and high-density housing. Additionally, he predicted the State will ultimately take away the City's GMA process. There being no further public comments, Mayor Chandler closed the public hearing. Mayor Pro Tempore Kuehne made a motion, second by Council Member Johnson, to adopt Resolution No. 2019-249 approving Planning Commission's recommendation to authorize 12 High-Density Residential Growth Management Allocations for Sunwest Commons Subdivision. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce G-3 Public Hearing to Consider Adoption of Resolution Setting San Joaquin County Multi- Species Habitat Conservation and Open Space Plan Development Fees for 2020 (CD) Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider adoption of resolution setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fees for 2020. City Manager Schwabauer provided a presentation regarding the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan Development Fees for 2020. Specific topics of discussion included plan available in San Joaquin County; process is an option to pre- authorize a habitat plan as a one-stop shop for developers versus going through a separate process with each agency; most developers choose this option and is supported by the development community, as well as habitat owners; and review of the proposed fees, which resulted in a reduction this year. Mayor Chandler opened the public hearing for public comment. There being no public comments, Mayor Chandler closed the public hearing. Mayor Pro Tempore Kuehne made a motion, second by Council Member Johnson, to adopt Resolution No. 2019-250 setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fees for 2020. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce H. Regular Calendar H-1 Adopt Resolution Approving Amended Job Description and Salary Range for Position of Programmer/Analyst, Adding One Programmer/Analyst Position, and Deleting One Senior Programmer/Analyst Position Within Internal Services Department (CM) Deputy City Manager Andrew Keys provided a presentation regarding the amended job description and salary range for the position of Programmer/Analyst, the addition of one Programmer/Analyst position, and the deletion of one Senior Programmer/Analyst position within the Internal Services Department. Specific topics of discussion included replacing one position for 11 a lower salary range employee; currently vacant position; reasoning behind lowering the position duties and responsibilities; intention of attracting higher-qualified, entry-level candidates to build a succession plan; and cost savings of $15,000. Council Member Johnson made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2019-251 approving amended job description and salary range for position of Programmer/Analyst, adding one Programmer/Analyst position, and deleting one Senior Programmer/Analyst position within Internal Services Department. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I. Ordinances I-1 Adopt Ordinance No. 1965 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Building Code,’ Volumes 1 and 2; Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1965 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Building Code,' Volumes 1 and 2; Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-2 Adopt Ordinance No. 1966 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Existing Building Code,’ Lodi Municipal Code Chapter 15.02” (CLK) Council Member Johnson made a motion, second by Council Member Nakanishi, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1966 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Existing Building Code,' Lodi Municipal Code Chapter 15.02," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-3 Adopt Ordinance No. 1967 Entitled, "An Ordinance of the Lodi City Council Adopting ’2019 California Mechanical Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety" (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1967 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California 12 Mechanical Code,' Lodi Municipal Code Chapter 15.08," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-4 Adopt Ordinance No. 1968 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Electrical Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1968 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Electrical Code,' Lodi Municipal Code Chapter 15.16," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-5 Adopt Ordinance No. 1969 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Plumbing Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1969 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Plumbing Code,' Lodi Municipal Code Chapter 15.12," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-6 Adopt Ordinance No. 1970 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Residential Building Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1970 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Residential Building Code,' Lodi Municipal Code Chapter 15.06," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler 13 Noes: None Absent: Council Member Mounce I-7 Adopt Ordinance No. 1971 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Green Building Standard Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1971 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Green Building Standard Code,' Lodi Municipal Code Chapter 15.18," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce I-8 Adopt Ordinance No. 1972 Entitled, “An Ordinance of the Lodi City Council Adopting ‘2019 California Fire Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety” (CLK) Council Member Johnson made a motion, second by Council Member Nakanishi, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1972 entitled, "An Ordinance of the Lodi City Council Adopting '2019 California Fire Code,' Lodi Municipal Code Chapter 15.20," which was introduced at a regular meeting of the Lodi City Council held November 6, 2019. VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Noes: None Absent: Council Member Mounce J. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 8:48 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 14