HomeMy WebLinkAboutMinutes - October 17, 2018LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 17, 2018
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of October 17, 2018, was called to order by
Mayor Nakanishi at 6:02 p.m.
Present: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce,
Mayor Nakanishi, and City Attorney Magdich
Absent: Council Member Johnson
Also Present: City Manager Schwabauer, and City Clerk Ferraiolo
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City
Manager (Labor Negotiators), Regarding Lodi City Mid -Management Association,
AFSCME General Services and Maintenance & Operators, Police Mid -Managers, Lodi
Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid -Management,
Lodi Police Officers Association, and International Brotherhood of Electrical Workers
Pursuant to Government Code §54957.6 (CM)
b) Conference with Adele Post, Human Resources Manager (Labor Negotiator), Regarding
Compensation and Benefits for Executive Management Pursuant to Government Code
§54957.6 (CM)
c) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City
Manager (Labor Negotiators), Regarding Compensation and Benefits for Council
Appointees Pursuant to Government Code §54957.6 (CM)
C-3 Adjourn to Closed Session
At 6:02 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:42 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:02 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions.
Items C -2a) and C -2b) were discussion and direction given with no reportable action.
With regard to Item C -2c), Deputy City Manager Andrew Keys disclosed there was discussion
only with no reportable action.
A. Call to Order / Roll Call
The Regular City Council meeting of October 17, 2018, was called to order by Mayor Nakanishi at
7:02 p.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Kuehne,
Mayor Pro Tempore Mounce, and Mayor Nakanishi
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
1
NOTE: Council Member Johnson participated in the meeting via teleconference.
B. Presentations
B-1 Certificate of Achievement to Richard Sanborn (CLK)
Due to a scheduling conflict, this presentation was rescheduled to the regular City Council
meeting of December 5, 2018.
B-2 Domestic Violence Awareness Month Proclamation (CLK)
Mayor Nakanishi presented a proclamation proclaiming October 2018 as Domestic Violence
Awareness Month in Lodi to Lynsay Nuss, Sexual Assault/Domestic Violence Manager with the
Women's Center of San Joaquin Youth and Family Services. Ms. Nuss announed that a
candelight vigil will be held on Thursday, October 25, 2018, to honor those who lost their lives to
domestic violence in San Joaquin County.
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Chandler made a motion, second by Mayor Pro Tempore Mounce, 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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
C-1 Receive Register of Claims in the Amount of $4,745,856.11 (FIN)
Claims were approved in the amount of $4,745,856.11.
C-2 Approve Minutes (CLK)
The minutes of September 25, 2018 (Shirtsleeve Session), September 25, 2018 (Special Town
Hall Meeting with Lodi Unified School District), and October 2, 2018 (Shirtsleeve Session) were
approved as written.
C-3 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to 2016-2018
Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, and Authorizing
City Manager to Execute Change Orders ($400,000) (PW)
Adopted Resolution No. 2018-189 authorizing the City Manager to execute Amendment No. 2 to
2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, and
authorizing the City Manager to execute change orders in an amount not to exceed $400,000.
C-4 Accept Improvements Under Contract for Transit Station Security Fencing Prosect (PW)
This item was pulled from the agenda pursuant to staffs request.
C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with WGR Southwest, Inc., of Los Alamitos, for Stormwater Support Services ($107,195)
(PW)
2
Adopted Resolution No. 2018-190 authorizing the City Manager to execute Professional Services
Agreement with WGR Southwest, Inc., of Los Alamitos, for stormwater support services, in the
amount of $107,195.
C-6 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Interwest Consulting Group, Inc., of Elk Grove, for City Traffic Engineering Services
($200,000) (PW)
Adopted Resolution No. 2018-191 authorizing the City Manager to execute Professional Services
Agreement with Interwest Consulting Group, Inc., of Elk Grove, for City traffic engineering
services, in the amount of $200,000.
C-7 Adopt Resolution Authorizing City Manager to Execute Software Maintenance Agreement
that Encompasses Police Department's Dispatch, Records, Jail, Report Writing, and
Property Room Software System with Superion, LLC, of Lake Mary, Florida ($164,144.50)
(PD)
Adopted Resolution No. 2018-192 authorizing the City Manager to execute Software
Maintenance Agreement that encompasses Police Department's dispatch, records, jail, report
writing, and property room software system with Superion, LLC, of Lake Mary, Florida, in the
amount of $164,144.50.
C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Contract with
the Pun Group, LLP, of Santa Ana, for Additional Professional Auditing Services Related to
City Contracts and Change Orders ($8,000) (CM)
Adopted Resolution No. 2018-193 authorizing the City Manager to execute Amendment No. 1 to
contract with the Pun Group, LLP, of Santa Ana, for additional professional auditing services
related to City contracts and change orders, in the amount of $8,000.
C-9 Adopt Resolution Approving Revised Deferred Compensation Plan Documents for
Nationwide Retirement Solutions, Inc., IRON Financial, LLC, Nationwide Investment
Advisors, LLC, and Nationwide Trust Company, FSB (CM)
Adopted Resolution No. 2018-194 approving revised deferred compensation plan documents for
Nationwide Retirement Solutions, Inc., IRON Financial, LLC, Nationwide Investment Advisors,
LLC, and Nationwide Trust Company, FSB.
C-10 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for
Gateway North Subdivision, Unit No. 1, Tract No. 3940 (PW)
This item was pulled from the agenda pursuant to staffs request.
C-11 Adopt Resolution Authorizing City Manager to Execute Claim for Citywide Bike Path and
Pedestrian Safety Improvement Project Funded by Measure K Bicycle, Pedestrian, and
Safe Route to School Non -Competitive Program (PW)
Adopted Resolution No. 2018-195 authorizing the City Manager to execute claim for Citywide
Bike Path and Pedestrian Safety Improvement Project funded by Measure K Bicycle, Pedestrian,
and Safe Route to School Non -Competitive Program.
C-12 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year
2017/18 (PW)
This item was pulled from the Consent Calendar at the request of a member of the public.
Mike Lusk requested Council not approve item C-12, based on his belief that the item is
incomplete and does not address several aspects of Government Code section 66006, including,
3
but not limited to, failure to show each individual fee catgory and amount of fee, identification of
each public improvement on which fees were expended and the amount including total
percentage of cost of public improvement, the date construction will commence, and each
interfund transfer including the loan fee, the date the loan will be repaid, and the rate the fund will
receive on the loan. He stated he has examples of reports from other locations that conform to
the Government Code and he hopes Lodi will comply with AB 1600 and the Government Code.
Public Works Director Charlie Swimley confirmed the report does include the fee amount and
expenditures on the projects that were constructed. With respect to percentages, Lodi has used
this same format for a long time and has not typically included the percentage, but he can make
that change if Council so desires.
City Manager Schwabauer added there is no information in the report on interfund loans because
there are none; however, Mr. Lusk disagrees on that point. Some of the other points from
Mr. Lusk have not been brought up to staff prior to this.
Mayor Pro Tempore Mounce suggested postponing the item until staff can get greater clarity on
the matter so nothing is inadvertently left off the table.
Mayor Nakanishi stated this will create more work for staff with likely little or no change in the
result.
In response to Council Member Chandler, City Attorney Magdich stated she has not had an
opportunity to review the referenced Government Code section and cannot make a
recommendation until she has a chance to do so. Mr. Schwabauer added that the City relies on a
professional firm to create this work product; it is not generated by staff, but staff will do its due
diligence by looking into the concerns further.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, to postpone
action on the item to approve the Impact Mitigation Fee Program Annual Report for Fiscal Year
2017/18 until staff can research and obtain clarification on the matters brought forth by Mr. Lusk.
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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
C-13 Post for Expiring Terms on Lodi Senior Citizens Commission, Recreation Commission,
Site Plan and Architectural Review Committee, and San Joaquin Council of Governments
Citizens' Advisory Committee (CLK)
Directed the City Clerk to post for the following expiring terms:
Lodi Senior Citizens Commission
Roberta Wirth, term to expire December 31, 2018
Recreation Commission
Michael Carouba, term to expire December 31, 2018
William Mitchell, term to expire December 31, 2018
Site Plan and Architectural Review Committee
Wendel Kiser, term to expire January 1, 2019
4
San Joaquin Council of Governments Citizens' Advisory Committee
Richard Blackston, term to expire January 1, 2019
C-14 Set Public Hearing for November 7, 2018, to Consider Adopting Resolution Approving
Planning Commission's Recommendation to Authorize 235 Medium -Density Residential
Growth Management Allocations for Vineyard Terrace Subdivision (CD)
Set public hearing for November 7, 2018, to consider adopting resolution approving Planning
Commission's recommendation to authorize 235 Medium -Density Residential Growth
Management Allocations for Vineyard Terrace Subdivision.
C-15 Set Public Hearing for November 7, 2018, to Consider Adopting Resolution Setting
San Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Development Fees for 2019 (CD)
Set public hearing for November 7, 2018, to consider adopting resolution setting San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan Development Fees for 2019.
D. Comments by the Public on Non -Agenda Items
THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE
PUBLIC IS LIMITED TO FIVE MINUTES.
Public comment may only be made on matters within the Lodi City Council's jurisdiction
(Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.31). The
Council cannot take action or deliberate on items that are not on this agenda unless there
is an emergency and the need to take action on that emergency arose after this agenda
was posted (Government Code Section 54954.2(b)(2)). All other items may only be
referred for review to staff or placement on a future Council agenda.
Mike Lusk provided a rebuttal to staff's comments regarding Item C-12 on the Impact Mitigation
Fee Program, reiterating that he believes the report does not meet the reporting requirements of
the Government Code and that he has sample reports from other communities that he is willing to
share.
Nora Olsen spoke regarding the closing of Twin Arbors Athletic Club, requesting that the land not
be sold for housing. She suggested the City purchase the property and continue to use it for pool
and court activities to address the lack of safe school facilities and to provide a place for the
senior tennis league to play.
City Manager Schwabauer responded that the City already owns and operates 15 park facilities,
all of which have varying degrees of maintenance needs, and the City cannot spend $1 to
$2 million on another facility when it should be spending resources on the ones it already owns.
He stated the City would be happy to facilitate discussions regarding a community group banding
together to buy the site, however, he estimated the price will likely be quite high. He stated he
would contact the developer to see if there is interest in having that conversation and contact her
as well.
Mayor Pro Tempore Mounce requested that Mr. Schwabauer discuss the Hutchins Street Square
pool with Ms. Olsen when he meets with her because it is an underutlized resource.
Councl Member Kuehne expressed his disappointment about the closure of the club as well, but
stated the City is not in the business of running sports athletic clubs and is not in the financial
position to entertain such an idea.
Council Member Johnson suggested that, since the asking price will likely be more signficant than
what a community group can afford, it may be more advantageous to seek interest from
competing health and athletic clubs from the Sacramento and Elk Grove areas that may be
interested in aquiring a unique site that includes tennis and raquetball courts and pools.
Alex Aliferis commented on the 16,000 surveys that were sent to residents at the cost of $15,000,
5
stating that usually means a city is proposing to do a sales tax measure and not to seek citizen
opinions. He stated more and more people are moving out of California because of the high cost
of living and taxes and stated there is no discussion about pension reform. He expressed
disappointment that the City entered into a contract with Clifford Moss out of Oakland for the
sales tax measure and suggested that those paying toward the Measure L campaign should
instead put their money into pension reform. He expressed opposition to Measure L, stating that
out of control pensions and salaries need to stop.
Craig Hoffman with Lodi-Tokay Rotary invited the Council and public to attend the 13th Annual
Oktoberfest on Saturday, October 27, 2018, at the American Legion. He stated the group raised
$15,000 at last year's event and that proceeds benefit the community by going to the American
Legion, Rotary Club programs, vocational and academic scholarships, and the Lodi Police
Department.
E. Comments by the City Council Members on Non -Agenda Items
Mayor Pro Tempore Mounce requested the City review the park and/or shopping cart ordinance
to address the uptick in shopping carts left in parks, stating the appropriate ordinance needs
stronger teeth to better enforce unsightly carts in parks.
City Attorney Magdich stated staff is looking into it and will bring the matter back to Council in the
near future.
In response to Mayor Nakanishi, City Manager Schwabauer stated a lot of carts have been
removed from parks, mostly done in partnership with Take Back Lodi and the Community Laision
Officer, with some handled by Police Officers on patrol when time permits. Staff will continue to
look at other solutions.
Council Member Johnson stated he recalled that the shopping cart ordinance required cart
owners to pick up carts on their own and that some communities have aggressive programs to
encourage that. Mr. Schwabauer responded that the ordinance does encourage business owners
to collect their own carts, but it may be necessary for follow-up discussions with store owners
about greater strength in the ordinance to further encourage owners to pick up or better store
their carts, such as requiring locking carts.
Council Member Kuehne provided an update on his attendance at the Local Agency Formation
Commission (LAFCO) conference in Yosemite, at which discussions were held relating to
wildfires and what Cal -Fire is doing in terms of forestry management; the San Joaquin County
Grand Jury's challenge that LAFCO consolidate fire districts; and acre separators to better
separate communities. He added that he requested the LAFCO director reinstitute discussions
about a greenbelt between Lodi and Stockton.
Council Member Chandler suggested Lodi Police Partners could be utilized to address shopping
carts and recognized the Electric Utility Department for its open house today that brought in over
600 elementary school students who toured the facility and learned about the utility department.
F. Comments by the City Manager on Non -Agenda Items
None.
G. Public Hearings
G-1
Continue Public Hearing to November 7, 2018 to Consider Adopting Resolution
Authorizing City Manager to Execute Reimbursement Agreement RA -18-01 for Public
Improvements Constructed with Lodi Shopping Center (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 Nakanishi called for the public hearing to consider adopting
resolution authorizing the City Manager to execute Reimbursement Agreement RA -18-01 for
6
public improvements constructed with Lodi Shopping Center.
City Manager Schwabauer recommended Council open the public hearing and continue the
matter to November 7, 2018.
Mayor Pro Tempore Mounce made a motion, second by Council Member Chandler, to open and
continue the public hearing to November 7, 2018 to consider adopting resolution authorizing the
City Manager to execute Reimbursement Agreement RA -18-01 for public improvements
constructed with Lodi Shopping Center.
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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
H. Regular Calendar
NOTE: The following Regular Calendar items were discussed and acted upon out of order, with
H-1 occuring last.
H-2 Adopt Resolution Approving Statement of Benefits between City of Lodi and Lodi Fire Mid -
Management for Period of January 1, 2018 through June 30, 2019 (CM)
Human Resources Manager Adele Post provided a presentation regarding the Statement of
Benefits between City of Lodi and Lodi Fire Mid -Management for the period of January 1, 2018
through June 30, 2019. Highlights of the contract include 18 -month term with an expiration date
of June 30, 2019; increase in the City's maximum contribution to the health care premium; one-
time bank of non-cashable leave to be used by December 31, 2019; amendment to the Flex 125
plan to provide for carryover of contributions to the next calendar year; ability to cash out all
administrative leave; 3 percent salary adjustment for a 3 percent California Public Employees
Retirement System (Cal -PERS) swap, which has employees picking up some of the employer's
normal contribution to Cal -PERS, and minor language corrections. Ms. Post further explained that
the 3 percent swap would move a classic member in this group from paying 9 percent of the Cal -
PERS cost to paying 12 percent.
Council Member Kuehne made a motion, second by Council Member Chandler, to adopt
Resolution No. 2018-196 approving Statement of Benefits between City of Lodi and Lodi 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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
H-3 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and Lodi
City Mid -Management Association for Period of January 1, 2018 through December 31,
2019 (CM)
7
Human Resources Manager Adele Post provided a presentation regarding the Memorandum of
Understanding between City of Lodi and Lodi City Mid -Management Association for the period of
January 1, 2018 through December 31, 2019. Highlights of the contract include two-year contract
with an expiration date of December 31, 2019; increase in the City's maximum contribution to the
health care premium; amendment to the Flex 125 plan to provide for carryover of contributions to
the next calendar year, special bank of 80 hours of non-cashable leave to use by December 31,
2019, and 3 percent salary adjustment for a 3 percent California Public Employees Retirement
System (Cal -PERS) swap, which has employees picking up some of the employer's normal
contribution to Cal -PERS, and minor language corrections. Ms. Post further explained that the 3
percent swap would move a classic member in this group from paying 7 percent of the Cal -PERS
cost to paying 10 percent.
Council Member Kuehne made a motion, second by Council Member Chandler, to adopt
Resolution No. 2018-197 approving Memorandum of Understanding between City of Lodi and
Lodi City Mid -Management Association for the period of January 1, 2018 through December 31,
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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
H-4 Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and
Welfare — by Enacting Chapter 9.19, "Sidewalk Vendors;" Amending Lodi Municipal Code
Title 12 — Streets, Sidewalks and Public Places — by Repealing and Re -Enacting Section
12.04.090, "Refusal -Grounds," of Chapter 12.04, "Streets, Sidewalks and Public Places,"
in Its Entirety; Repealing and Re -Enacting Section 12.12.060, "Commercial Activity," of
Chapter 12.12, "Recreational Areas," in Its Entirety; and Repealing and Re -Enacting
Section 12.16.100, "Activity Requiring a Park Permit," of Chapter 12.16, "Permits for Use
of City Facilities," in Its Entirety (CA)
City Attorney Magdich provided a presentation regarding the introduction of an ordinance
amending Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare - and Title 12 - Streets,
Sidewalks and Public Places - as they relate to sidewalk vendors. Specific topics of discussion
included recent legislative changes, effective January 1, 2019; restrictions on regulating non -
motorized vending on sidewalks, pathways, and parks; provisions of the ordinance and
requirements of sidewalk vendors including, permit to operate, background checks, health and
safety permits, California Department of Tax and Fee Administration seller's permit, and
encroachment permits for stationary vendors; new requirement to allow vending in parks; ability
of cities to enact requirements regulating time, place, and manner restrictions based on findings;
proposed ordinance regulations that would prohibit stationary vending in parks and allow roaming
vending on paved paths; and performance standards specified in the ordinance based on land
use, hours of operations, noise, pedestrian and vehicle access, and health and sanitation.
In response to Mayor Pro Tempore Mounce, Ms. Magdich stated the hours in the proposed
ordinance are the same as the current ordinance: 7 a.m. to 8 p.m. in residential areas, and 6 a.m.
to 12 a.m. in commercial and industrial areas. Mayor Pro Tempore Mounce expressed her
frustration with the amount of noise from vendors at 7 a.m. and suggested the time restriction be
amended to 9 a.m. in residential areas.
Ms. Magdich further reported that another amendment to the ordinance, as required by recent
legislative changes, is to prohibit criminal enforcement of code violations and instead allow
administrative fines as punishment on an income -based fee scale, meaning that those who
demonstrate they cannot pay a fine will be required to pay on a sliding scale. Additionally,
8
vendors will be required to clean up after themselves and have a trash receptacle in the cart, and
the City will have the ability to remove a vendor's permit after four violations in one year.
Council Member Chandler made a motion, second by Council Member Kuehne, to introduce
Ordinance No. 1960 amending Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare -
by enacting Chapter 9.19, "Sidewalk Vendors;" amending Lodi Municipal Code Title 12 - Streets,
Sidewalks and Public Places - by repealing and re-enacting Section 12.04.090, "Refusal -
Grounds," of Chapter 12.04, "Streets, Sidewalks and Public Places," in its entirety; repealing and
re-enacting Section 12.12.060, "Commercial Activity," of Chapter 12.12, "Recreational Areas," in
its entirety; and repealing and re-enacting Section 12.16.100, "Activity Requiring a Park Permit,"
of Chapter 12.16, "Permits for Use of City Facilities," in its entirety, including amendment to hours
of operation in residential areas to 9 am. to 8 p.m.
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all but one voiced their votes).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Kuehne, Mayor Pro Tempore Mounce, and
Mayor Nakanishi
Noes: None
Absent: Council Member Johnson
H-1 Consider Adopting Resolution Opposing San Joaquin County's County Commercial
Cannabis Business Tax: (Measure B) (CLK)
City Manager Schwabauer provided background information regarding the request to oppose
San Joaquin County's County Commercial Cannabis Business Tax: (Measure B), stating that Lodi
does not allow vending and related businesses associated with recreational marijuana.
San Joaquin County is considering an ordinance that would allow commercial marijuna for
recreational purposes in the County, on which the City provided a comment requesting the
County consider amending the ordinance to give the City the ability to veto anything within its
sphere. San Joaquin County Board of Supervisor Chuck Winn does not want cannabis in the
County and asked Lodi to support his opposition to the tax, which is tied to the ordinance before
the County for consideration. City Attorney Magdich further explaned that the ordinance is in draft
form and would allow cannabis in San Joaquin County. The City was advised that, should this tax
measure not pass, the ordinance will not be presented to the County Planning Commission or the
Board of Supervisors.
Mayor Nakanishi stated this item is on the agenda at his request, along with Supervisors Winn
and Bob Elliott, the Mayor of Manteca, and Stockton City Council Member Elbert Holman.
Council Member Kuehne stated he does not agree entirely with the proposed resolution, but the
City already took a stand to not have transport of marijuana or dispensaries in Lodi; therefore, he
will support the request to oppose Measure B.
Mayor Pro Tempore Mounce stated she disagrees with the fact that Lodi does not allow medical
marijuna deliveries to patients, but out of respect for the County Board of Supervisors and
Supervisor Winn, she stated she will support the request to oppose the measure.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, to adopt
Resolution No. 2018-198 opposing San Joaquin County's County Commercial Cannabis
Business Tax: (Measure B).
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
VOTE:
The above motion carried by the following vote:
9
Ayes: Council Member Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
1. Ordinances
1-1 Adopt Ordinance No. 1959 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 2 — Administration and Personnel — by Repealing and Re -Enacting
Section 2.12.120, 'Disposition of Surplus Personal Property,' in Its Entirety (CLK)
Council Member Kuehne made a motion, second by Mayor Pro Tempore Mounce, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1959 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 2 - Administration and Personnel - by Repealing and Re -Enacting Section 2.12.120,
'Disposition of Surplus Personal Property,' in Its Entirety," which was introduced at a regular
meeting of the Lodi City Council held October 3, 2018.
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 Chandler, Council Member Johnson, Council Member Kuehne, Mayor
Pro Tempore Mounce, and Mayor Nakanishi
Noes: None
Absent: None
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
8:18 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
10