HomeMy WebLinkAboutMinutes - October 4, 2017LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 4, 2017
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of October 4, 2017, was called to order by
Mayor Kuehne at 6:31 p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Mounce,
Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: Mayor Pro Tempore Nakanishi arrived at 6:34 p.m.
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)
C-3 Adjourn to Closed Session
At 6:31 p.m., Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above
matter. The Closed Session adjourned at 6:54 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following action.
Item C-2a) was discussion only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of October 4, 2017, was called to order by Mayor Kuehne at
7:00 p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Mounce,
Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
B. Presentations
B-1 Domestic Violence Awareness Month Proclamation (CLK)
Mayor Kuehne presented a proclamation to Domestic Violence and Sexual Assault Program
Manager Lynsay Nuss proclaiming October 2017 as "Domestic Violence Awareness Month" in
the City of Lodi. Ms. Nuss asked the public to join its domestic violence vigil on October 19, 2017,
as a night of remembrance for individuals who were murdered in acts of domestic violence in the
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community. Those interested in learning more about this effort were encouraged to visit the
website at www.womenscenteryfs.org.
B-2 Public Power Week Proclamation (EU)
Mayor Kuehne presented a proclamation to Electric Utility Director Elizabeth Kirkley proclaiming
October 15-21, 2017, as "Public Power Week" in the City of Lodi. Senior Administrative Clerk
Natalie Brunell and Administrative Clerk Sara Maynard announced the 22nd annual open
house on October 18 from 11 a.m. to 1 p.m. to educate 2nd through 6th graders on public power
and safety. The open house will include guided tours, demonstrations, and an obstacle course.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Johnson made a motion, second by Council Member Chandler, to approve the
following items hereinafter set forth 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 Mounce, Mayor
Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: None
C-1 Receive Register of Claims in the Amount of $4,578,428.62 (FIN)
Claims were approved in the amount of $4,578,428.62.
C-2 Approve Minutes (CLK)
The minutes of September 6, 2017 (Regular Meeting), September 12, 2017 (Shirtsleeve
Session), September 19, 2017 (Shirtsleeve Session), and September 20, 2017 (Regular Meeting)
were approved as written.
C-3 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Security Lock and Key Service, of Lodi, for On-call Maintenance, Repair, and
Installation of Locks, Cylinders, and Key Systems ($45,000) (PW)
Adopted Resolution No. 2017-186 authorizing the City Manager to execute Professional Services
Agreement with Security Lock and Key Service, of Lodi, for on-call maintenance, repair, and
installation of locks, cylinders, and key systems, in the amount of $45,000.
C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Quest Media and Supply, Inc., of Roseville, for Purchase and Installation of Video
Surveillance System and Maintenance Plan ($72,474.37) and Amending Fiscal Year
2017/18 Budget to Appropriate Funds ($42,174.37) (CM)
Adopted Resolution No. 2017-187 authorizing the City Manager to execute Professional Services
Agreement with Quest Media and Supply, Inc., of Roseville, for purchase and installation of video
surveillance system and maintenance plan, in the amount of $72,474.37, and amending Fiscal
Year 2017/18 budget to appropriate funds, in the amount of $42,174.37.
C-5 Adopt Resolution Authorizing City Manager to Execute Three-Year Radio Support
Services Agreement with Delta Wireless, of Stockton (Not to Exceed $187,524) (CM)
Adopted Resolution No. 2017-188 authorizing the City Manager to execute three-year Radio
Support Services Agreement with Delta Wireless, of Stockton, in an amount not to exceed
$187,524.
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C-6 Adopt Resolution Approving Memorandum of Understanding with Tree Lodi (PRCS)
Adopted Resolution No. 2017-189 approving Memorandum of Understanding with Tree Lodi.
C-7 Adopt Resolution Approving Annual Shared Automation Fee Structure for the Agreement
Between City of Stockton and Sirsi, Corp., Integrated Library System and Approving Cost-
Sharing Fee for Fiscal Year 2017/18 ($25,345) (LIB)
Adopted Resolution No. 2017-190 approving annual shared automation fee structure for the
agreement between City of Stockton and Sirsi, Corp., Integrated Library System and approving
cost-sharing fee for Fiscal Year 2017/18, in the amount of $25,345.
C-8 Adopt Resolution Authorizing Lodi Police Department to Donate a 2002 Mighty Mover
SPCN Trailer, Subject to Recipient’s Execution of Hold Harmless Agreement, and
Authorize City Manager to Execute Memorandum for Disposition of Vehicle (PD)
Adopted Resolution No. 2017-191 authorizing the Lodi Police Department to donate a 2002
Mighty Mover SPCN trailer, subject to recipient's execution of Hold Harmless Agreement, and
authorize the City Manager to execute Memorandum for Disposition of Vehicle.
C-9 Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving 35 Miles-Per-Hour
Speed Limit on Beckman Road, from Lockeford Street to Turner Road (PW)
Adopted Resolution No. 2017-192 amending Traffic Resolution No. 97-148 by approving
35 miles-per-hour speed limit on Beckman Road, from Lockeford Street to Turner Road.
C-10 Receive Report Regarding Communication Pertaining to Senate Bill 649 (Hueso): Wireless
Telecommunications Facilities (CLK)
Received report regarding communication pertaining to Senate Bill 649 (Hueso): Wireless
Telecommunications Facilities.
C-11 Receive Report Regarding Communication Pertaining to Fit Life Impact Program Grant
Application (CLK)
Received report regarding communication pertaining to Fit Life Impact Program grant application.
C-12 Set Public Hearing for November 1, 2017, to Consider Unmet Transit Needs in Lodi (PW)
Set public hearing for November 1, 2017, to consider unmet transit needs in Lodi.
C-13 Set Public Hearing for November 1, 2017, 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)
Set public hearing for November 1, 2017, 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.
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.
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David Claxton, representing the Downtown Business Alliance board of directors, reported that the
Master Gardeners notified the Alliance that it will abandon maintenance of the 60 large clay pots
downtown. The Alliance is in the process of resurrecting the program; it performed an inventory of
clay pots; and it will create a program for downtown businesses to adopt the pots. He stated the
Alliance will work with expert gardeners to place plants that are less likely to be removed or
uprooted. He further requested the City once again wash the sidewalks prior to Small Business
Saturday because it spruced up the area last year and helped with the success of businesses.
Mr. Claxton, representing himself as a downtown business owner, stated he actively participated
in the meetings and discussions centering around the downtown parking meter issue. He pointed
out that the September 6, 2017, City Council agenda item, resolution, and minutes authorizing the
City Manager to execute a Memorandum of Understanding for a downtown parking meter pilot
study only indicated that four parking meters covering eight spaces would be installed on
School Street, West Oak Street, and Walnut Street, or a location mutually agreed upon on by
parties. It did not, however, mention that meters could possibly be installed at a second location
at Lodi Lake Park. He questioned where the notice was to City residents in all of the meeting
documentation and agendas that parking meters would be considered at Lodi Lake.
City Manager Schwabauer explained there is currently a parking fee of $5 to park at Lodi Lake
and the Parks, Recreation, and Cultural Services Director asked that consideration be given to
install test meters at the Lake. He stated this does not change the parking fee at the Lake; it only
changes the collection method to something a bit more convenient. It was thrown into the
agreement at the last minute and was inadvertently left out of the staff report; however, the draft
agreement with both pilot locations was included in the published packet.
Mushtaq Tahirkheli stated he previously spoke about the downtown parking issue and expressed
some interest in parking meters; however, he stated he no longer sees a reason to install meters.
He pointed out that he has written Council e-mails many times, but no one has responded to him
with answers. Mr. Tahirkheli expressed concern there are no shelters, restrooms, or showers for
the homeless, especially in the downtown area, and stated that the Lodi Salvation Army is
helpless and is not providing proper shelter. He encouraged Council to construct a restroom
downtown for the homeless to use. Further, Mr. Tahirkheli requested Council direct the Police
Department to forego issuing parking tickets on weekends because those are the only days that
businesses can make money.
Mayor Pro Tempore Nakanishi informed Mr. Tahirkheli that the Grand Jury previously used Lodi
as a prime example of a successful public-private homeless committee that should be used a
model for all cities. He added the Lodi City Council has a tentative joint meeting with the
San Joaquin County Board of Supervisors scheduled for Tuesday, October 17, 2017, to discuss
the homeless issue and that the County is discussing the option of a single homeless liaison that
would serve countywide.
City Manager Schwabauer explained the City and County are working together on long-term
homeless solutions, but the resolutions are not quick or inexpensive. To address a request to
build housing for the homeless in a week is unrealistic because it is a highly-expensive and
highly-regulated process. The Council is continuing to work on potential solutions.
Mr. Schwabauer pointed out there is a downtown public restroom at the Transit Station that is
open most of the day and cleaned by the City; however, many of the homeless choose not to use
it. Public Works Director Charlie Swimley confirmed the public restroom is open each day until
10 p.m. He and Mayor Kuehne further confirmed there are signs on the streets and business
windows directing the public to the open restroom at the Transit Station.
Council Member Chandler added that Lodi has a full-time Homeless Liaison Police Officer who
works solely with the homeless, which is unique for a city this size. To date, he has placed almost
30 individuals in alternative homes or at facilities that provide necessary services. He stated that
implying the City is not doing its best on this issue is inaccurate. With regard to the parking
situation, Council Member Chandler stated the downtown parking garage is funded by the City, it
is clean, and it has 24-hour security; however, it remains only 2/3 occupied. He further argued
that foregoing parking enforcement on weekends would be a mistake because ensuring parking
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turnover and encouraging parking in the free garage is key to solving the parking problem
downtown. The City spends over $200,000 a year in providing security at the parking garage and
is doing all it can to resolve the problem. He believed the downtown merchants and their
employees are part of the problem and they should use the parking garage regularly instead of
parking on the street.
Jennifer Johnston expressed concern regarding the proposed Gallo Winery project on Acampo
and Dustin Roads in Acampo, pointing out that, while Lodi is not the approver of the project, it is
listed as a reviewing agency. She stated the proposed winery is a factory-size project on
agricultural land with many residents living within one mile of the site. It is also one mile from
Houston School, it proposes to use a county road for access, and the winegrape trail will be
blocked by traffic. Ms. Johnston stated she believes the area in question is not made to handle
this type of traffic and size of vehicles or the greater demands on the aquifer and wastewater. As
part of the review process, residents within 300 feet of the site were given notice by the
San Joaquin County Community Development Department, most of whom expressed
environmental and safety concerns related to the project. The Committee is scheduled to meet on
October 11, 2017, for a preliminary recommendation. On behalf of community grape
growers and area residents, Ms. Johnston requested the City's assistance in encouraging the
County to relocate this project to a more suitable industrial location or a site that can handle a
project of this magnitude, including within the City of Lodi limits.
In response to Council Member Chandler, Ms. Johnston stated that comments on this project
were due through the end of the day and the meeting is scheduled for October 11. Council
Member Chandler stated he believes the meeting will likely be a discussion and review of the
project and that no decision will be made. He reported that Lodi was approached by another local
winery for a 10- to 20-acre project site; however, there was no available property size that would
meet the request. He stated the General Mills site has also been proposed to the Gallo family. He
assured Ms. Johnston that the City is sensitive to the concerns brought up on this issue.
Council Member Johnson stated he has conflicting concerns with regard to this matter. He agreed
that the proposed project does not fit in the area from an aesthetic and size perspective,
particularly with the number of homeowners and small growers in the area; however, he stated
Council is protective of property rights, and Gallo accumulated surrounding properties for a
number of years and is now ready to exercise its right to develop the property as it sees fit. He
stated the City has an opportunity to weigh in on this because Lodi's economy is based on wine
tourism and there could be a significant impact from this winery.
Council Member Mounce encouraged the neighbors to continue to fight for their rights and not
give up. With regard to property rights, Council Member Mounce pointed out it is not always fitting
to put certain uses next to one another or to place a large project on a small footprint. She stated
she believes there is a majority on Council that will help in this endeavor.
At the request of Mayor Kuehne, Steve Dutra with Tree Lodi spoke regarding the approved
Tree Lodi Memorandum of Understanding. He thanked Council and staff for its support of
Tree Lodi, stating the group appreciates its relationship with the City and hopes to continue to
build and sustain it into the future.
Jane Lea stated she was encouraged by the Finance Department to speak to Council regarding
the 10-day late utility bill notice. Previously, late notices were printed on bright-colored paper and
envelopes; however, they are now mailed in white envelopes. She complained that white
envelopes do not draw attention to the fact that immediate action is needed and most people set
them aside thinking it is next month's bill. Finance Department staff indicated the change in color
was a Council decision and she was prohibited from speaking to the Department supervisor. She
requested Council revert back to the previous practice of sending out late notices in a noticeable,
colored envelope.
Deputy City Manager Keys apologized, stating customers should always be allowed to speak to a
supervisor. He assured Council that he will re-communicate that to staff and look into color
options for late notices, as it has always been the intention to make those stand out to customers.
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Sandra Starr also spoke in regard to the proposed Gallo Winery project in Acampo, stating the
project would be welcome in a more feasible location. Her concern is there are other large
industrial scale wineries awaiting the outcome of this project and, if it is approved without
challenge, others will follow and locate near this area. She requested City support to work with
the County on the scope and magnitude of this project because it is similar to the greenbelt issue
and could have a significant impact on small winery tourism and economy for Lodi. Ms. Starr
pointed out that in many aspects this project exceeds the minimums specified in the County
ordinance definition for wineries. She suggested there ought to be a third category for mega-
wineries with an appropriate zone that does not create a negative impact. She stated the 65-acre
project will impact roads, electricity, fire, wastewater, and storm water and there is no landscape
offerings on the road or tasting room or marketing events scheduled at the facility. She stated she
believes this project does not add prestige for the Lodi winegrape growers that worked hard to
promote this industry. Ms. Starr reiterated this project is better suited in an industrial setting and
asked Council to voice its opposition to the location of this project.
In response to Council Member Chandler, Ms. Starr confirmed that no one from the neighborhood
group reached out to the Gallo family. Council Member Chandler stated the City will follow this
issue closely and, while this matter is not within Council's authority, he agreed the City should
engage with the County to find appropriate locations for these types of wineries. He stated
communities have created opportunities for smaller wineries, but the big wineries have supported
the industry for generations, and there should be a way to accommodate both.
E. Comments by the City Council Members on Non-Agenda Items
Council Member Johnson reported that the San Joaquin Joint Powers Authority, which is made
up of elected officials from Sacramento to Bakersfield and created to take over the management
of Amtrak, signed the final contract that will enable a train to pass through Lodi at 7:15 a.m. on its
way to Sacramento and return at noon and in the evening. He stated this long-overdue effort will
be marketed soon and likely roll out in the middle of January. On the rail side, he reported the
Altamont Ace train from Stockton to Santa Clara to Silicon Valley is also working to get a
commuter train from Stockton to Sacramento on the northern line west of Lodi. This project is still
in the works due to a funding issue, but an application will be submitted soon for competitive
funds. He stated that commuter traffic is steadily worsening and alternatives must continuously be
evaluated to try to alleviate the traffic issues.
Council Member Chandler reported that he attended the Law Enforcement Volunteers of
California convention yesterday, which was held at Hutchins Street Square. The City hosted 500
officers and volunteers, and the City of Lodi Partners group was honored as the top volunteer
team in California. He thanked the Police Department, its volunteers, and the Police Chief.
In response to Mayor Pro Tempore Nakanishi, Police Chief Tod Patterson stated he does not
have specific numbers relating to accidents caused by use of cellphones while driving; however,
he believes the trend is on the rise. Unfortunately, due to decreases in staffing and budget, the
Lodi Police Department has not had a motorcycle traffic officer for the last several years. He
added it is difficult to quantify whether or not a driver was using a cellphone if there was no
camera to witness the incident.
Council Member Mounce stated she received a call from a citizen asking that the City clean the
downtown star on Elm Street because it is filthy and she requested staff look into the request.
She expressed opposition to installing parking meters in downtown Lodi and at Lodi Lake Park.
She requested staff look into Ms. Lea's request to change the paper color on the utility bill late
notices. With regard to the homeless, Council Member Mounce reported the League of California
Cities worked diligently with Senator de Leon on the No Place Like Home Bill that collected
millions of dollars from the mental health tax and helped pass a mechanism for communities to
utilize $2 billion a year. All 58 California counties will divide the money, and county supervisors
will decide how to utilize those dollars. San Joaquin County is considering using the funds on a
housing plan for the homeless. She pointed out that finding solutions to these types of problems,
such as homelessness, takes time and money and stated there are many options already in the
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works and, once the programs are realized, changes will be noticed. She stated part of the
problem behind the uptick in the homeless population is that Propositions 47 and 57 instituted
realignment and decriminalization of many offenses, which released greater numbers of prisoners
onto the streets. In response to Mr. Tahirkheli, Council Member Mounce thanked him for his
e-mail messages and stated she is more than happy to respond to any questions he has, but,
typically, his e-mails contain opinions on matters, not questions. She pointed out that government
actions can take time to enact, but the process in place protects the public and it must be
followed. Council Member Mounce provided an update on Senate Bill 649 regard small cell
wireless antennas, stating it appears the Governor may veto this piece of legislation. Further, she
thanked everyone who participated in Celebration on Central, which was a great success that
provided access to information and lots of great food and activities. Lastly, Council Member
Mounce reported on the League of California Cities Annual Conference, which was her last one
serving as president. She stated the event was attended by 1,800 participates and she was
honored to speak at each of the general sessions and close her year of fighting on behalf of the
482 California cities. She thanked City Manager Schwabauer for taking the lead on the pension
crisis and thanked the City Manager, City Attorney, and City Clerk for their assistance during her
year as president. She will now serve as the immediate past present for the next year.
F. Comments by the City Manager on Non-Agenda Items
City Manager Schwabauer thanked Council Member Mounce for her service on the League of
California Cities, adding she represented herself, the City of Lodi, and the community well.
G. Public Hearings – None
H. Communications – None
I. Regular Calendar
I-1 Adopt Resolution Approving City of Lodi Electric Utility Strategic Plan 2017 (EU)
Electric Utility Director Elizabeth Kirkley provided a brief presentation regarding the Lodi Electric
Utility Strategic Plan 2017 and referenced the available PowerPoint that covered specific
topics, including executive summary; Strategic Planning teams, timeline, process; discovery; local
issues; customer needs; development; motto, mission, values; strengths, weaknesses, threats,
and opportunities (SWOT) analysis; internal SWOT analysis; external SWOT analysis; focus,
goals, and action items; strategic areas of focus; customer goals; reliability goals; technology
goals; financial goals; workforce goals; and accountability. Ms. Kirkley stated the document
before Council is the culmination of all of the meetings held on this matter and input from
stakeholders.
In response to Mayor Pro Tempore Nakanishi, Ms. Kirkley stated there are security requirements
for utilities registered with the National Electric Reliability Corporation; however, Lodi is not active
in that registration. Instead, Lodi Electric works closely with the City's Information Technology
Department to ensure cyber security. Mayor Pro Tempore Nakanishi stated he would like to
know more about cyber security going forward, to which City Manager Schawabauer replied that
one of the goals in the reliability section of the plan is to perform a cyber security assessment by
December 2018.
Council Member Johnson stressed his past concern that this document not be placed on the shelf
after approval, never to be utilized or referred to again. He encouraged staff to ensure
accountability schedules are met, the work plan include updates, and that Council is regularly
posted on this process as it moves forward. Ms. Kirkley agreed, stating that staff incorporated
updates to Council during the quarterly report meetings, along with a review and update during
each budget cycle.
Council Member Chandler congratulated Electric Utility on the effort involved in this project, which
lays out the challenges facing the Utility, as well as the strategies to address them.
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In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer confirmed that Lodi has an
adopted emergency plan, which is currently in the process of being updated through the
Fire Department. In addition, staff will perform another table-top exercise in the near future to
ensure the emergency preparedness plan is in proper order. Mayor Pro Tempore Nakanishi
requested a copy of the plan. Ms. Kirkley added that Electric Utility has an internal plan in place
that is tied into the City's emergency operations plan.
Council Member Mounce stated citizens often ask her about the City's emergency plan in case of
power loss or floods and suggested such a plan be readily available to citizens for Citywide
emergencies; not soley for Electric Utility. She would like a presentation on what each City
department recommends for citizens in the event of a catastrophe. Further, she expressed her
opinion that often plans of this nature represent very little action and pointed out she does not see
anything in the plan to cut rates to citizens. Council Member Mounce stated she hopes to better
educate the public that they are in complete control of their power because they have the ability
to update their homes with new roofs or windows that can cut utility costs. Unfortunately, it is
more difficult for rental properties, and she would like to see a goal or priority in the plan to
motivate landlords into helping tenants with utility costs because it makes properties more
valuable in the long run. She concluded that she will support the plan; however, she does not buy
into it.
Mayor Kuehne reported that he viewed statistics that show people are more satisfied now than
one year ago with Electric Utility and he was pleased to see the change in direction. He believed
there is still room for improvement on a few items, but his goal is to ensure customer satisfaction
continues to increase.
Council Member Chandler made a motion, second by Council Member Johnson, to adopt
Resolution No. 2017-193 approving City of Lodi Electric Utility Strategic Plan 2017.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor
Pro Tempore Nakanishi, and Mayor Kuehne
Noes: None
Absent: None
J. Ordinances – None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:20 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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