HomeMy WebLinkAboutMinutes - December 18, 2019 (2)LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, DECEMBER 18, 2019
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of December 18, 2019, was called to order by
Mayor Kuehne at 5:47 p.m.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: Council Member Johnson
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
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, Confidential Employees, and Council Appointees Pursuant to
Government Code §54957.6 (CM)
b) Pending Litigation: Government Code §54956.9(a); One Case; Alex Aliferis v Melinda
Dubroff, Registrar of Voters, Janice D. Magdich, City Attorney of Lodi; San Joaquin County
Superior Court; Case No. STK-CV-LCC-2019-6855 (CA)
c) Administrative Action: Government Code §54956.9; One Case; In the Matter of the City of
Lodi by the United States Environmental Protection Agency; Proceedings Under §309(g) of
the Clean Water Act, 33 U.S.C. §1319(g) (CA)
C-3 Adjourn to Closed Session
At 5:47 p.m., Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:56 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:04 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions.
In regard to Item C-2a), City Attorney Magdich broke down Council action by bargaining group:
Lodi City Mid-Management Association was discussion only; AFSCME General Services and
Maintenance & Operators was discussion with direction given; Lodi Professional Firefighters was
discussion and direction given; Executive Management was not discussed; and Confidential
Employees was discussion with direction given. Deputy City Manager Keys reported that Council
Appointees was discussion with direction given. There was no reportable action.
Item C-2b) was discussion and reportable action. City Attorney Magdich reported that the
litigation brought against San Joaquin County Registrar of Voters Melinda Dubroff and herself in
the capacity of City Attorney was dismissed in favor of Ms. Dubroff and City Attorney Magdich,
and that the cost to the City for outside counsel was $14,420.37.
Item C-2c) was discussion and authorization for the City Manager to execute the United States
Environmental Protection Agency Complaint and Consent Agreement/Final Order and authorize
the payment of the administrative penalty in the amount of $28,890.
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A. Call to Order / Roll Call
The Regular City Council meeting of December 18, 2019, was called to order by Mayor Kuehne
at 7:04 p.m.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: Council Member Johnson
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
B. Presentations – None
C. Consent Calendar (Reading; Comments by the Public; Council Action)
Council Member Mounce made a motion, second by Council Member Chandler, to approve the
following items hereinafter set forth, except those otherwise noted, in accordance with the
report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
C-1 Receive Register of Claims for November 15, 2019 through November 28, 2019 in the
Amount of $1,818,402.81 (FIN)
Claims were approved in the amount of $1,818,402.81.
C-2 Approve Minutes (CLK)
The minutes of November 19, 2019 (Shirtsleeve Session), November 20, 2019 (Regular
Meeting), November 26, 2019 (Shirtsleeve Session), and December 3, 2019 (Shirtsleeve
Session) were approved as written.
C-3 Adopt Resolution Authorizing Purchase of Bulletproof Vest Panels, Carriers, and
Attachments from Adamson Police Products, of Livermore ($40,885.20) (PD)
Adopted Resolution No. 2019-259 authorizing the purchase of bulletproof vest panels, carriers,
and attachments from Adamson Police Products, of Livermore, in the amount of $40,885.20.
C-4 Adopt Resolution Authorizing Service Purchase Order with Pump Repair Service
Company, of San Francisco, for Removal and Disposal of Pump and Motor at Well 3R
($33,000) (PW)
Adopted Resolution No. 2019-260 authorizing a service purchase order with Pump Repair
Service Company, of San Francisco, for removal and disposal of pump and motor at Well 3R, in
the amount of $33,000.
C-5 Adopt Resolution Rejecting Lowest Bid and Awarding Contract for Well 3R Rehabilitation
Project to Zim Industries, Inc., of Fresno ($167,450), Authorizing City Manager to Execute
Change Orders ($30,000), and Appropriating Funds ($250,450) (PW)
Adopted Resolution No. 2019-261 rejecting the lowest bid and awarding the contract for Well 3R
Rehabilitation Project to Zim Industries, Inc., of Fresno, in the amount of $167,450; authorizing
the City Manager to execute change orders, in an amount not to exceed $30,000; and
appropriating funds, in the amount of $250,450.
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C-6 Adopt Resolution Authorizing City Manager to Execute Change Orders to 2017-2019
Sidewalk and Miscellaneous Concrete Repair Program ($150,000) (PW)
Adopted Resolution No. 2019-262 authorizing the City Manager to execute change orders to
2017-2019 Sidewalk and Miscellaneous Concrete Repair Program, in an amount not to exceed
$150,000.
C-7 Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Change
Orders to Granular Activated Carbon Replacement, Well No. 4R and Well No. 22
($350,000), and Appropriating Funds ($350,000) (PW)
Adopted Resolution No. 2019-263 ratifying expenses and authorizing the City Manager to
execute change orders to Granular Activated Carbon Replacement, Well No. 4R and Well No. 22,
in the amount of $350,000, and appropriating funds, in the amount of $350,000.
C-8 Accept Improvements Under Contract for Westgate Drive Street Improvement Project;
Adopt Resolution Authorizing City Manager to Execute Change Order No. 1 ($23,661); and
Appropriating Funds ($24,000) (PW)
Accepted improvements under the contract for Westgate Drive Street Improvement Project and
adopted Resolution No. 2019-264 authorizing the City Manager to execute Change Order No. 1,
in the amount of $23,661, and appropriating funds, in the amount of $24,000.
C-9 Accept Improvements Under Contract for Candy Cane Park 2019 Improvements and
Adopt Resolution Reallocating Project Funding ($100,000) (PW)
Accepted improvements under the contract for Candy Cane Park 2019 Improvements and
adopted Resolution No. 2019-265 reallocating project funding, in the amount of $100,000.
C-10 Adopt Resolution Approving Final Map for Gateway North Subdivision, Unit No. 1, Tract
No. 3940; and Ratifying Execution of City Clerk’s Statement (PW)
Adopted Resolution No. 2019-266 approving the final map for Gateway North Subdivision, Unit
No. 1, Tract No. 3940; and ratifying execution of City Clerk's Statement.
C-11 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement and Related Agreements for Gateway North Subdivision, Unit
No. 2, Tract No. 3976 (PW)
Adopted Resolution No. 2019-267 approving the final map and authorizing the City Manager to
execute an Improvement Agreement and related agreements for Gateway North Subdivision, Unit
No. 2, Tract No. 3976.
C-12 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Vineyard Terrace Subdivision, Unit No. 2, Tract No. 4011
(PW)
Adopted Resolution No. 2019-268 approving the final map and authorizing the City Manager to
execute an Improvement Agreement for Vineyard Terrace Subdivision, Unit No. 2, Tract
No. 4011.
C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Cummins, Inc., of West Sacramento, for On-Site Repair to Cummins Engines in City
Vehicles ($30,000) (PW)
Adopted Resolution No. 2019-269 authorizing the City Manager to execute a Professional
Services Agreement with Cummins, Inc., of West Sacramento, for on-site repair to Cummins
engines in City vehicles, in the amount of $30,000.
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C-14 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Orkin Services of California, Inc., of Atlanta, Georgia, for Squirrel Abatement
($78,000) (PW)
This item was removed from the Consent Calendar at the request of Council Member Mounce for
discussion purposes.
In response to Council Member Mounce, Public Works Director Charlie Swimley explained that
the term of the contract is for three years, at a cost of $26,000 per year. He further explained that
the squirrels are incredibly active, which necessitates weekly visits by the contractor in order to
minimize damage to the ditches and levees.
In response to Council Member Chandler, Mr. Swimley stated that only White Slough Water
Pollution Control Facility property is included in this contract, not areas in town, although the
contract could be amended.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-279 authorizing the City Manager to execute a Professional Services
Agreement with Orkin Services of California, Inc., of Atlanta, Georgia, for squirrel abatement, in
the amount of $78,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
C-15 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with HDR Engineering, Inc., of Omaha, Nebraska, for Watershed Sanitary Survey
($44,750) (PW)
Adopted Resolution No. 2019-270 authorizing the City Manager to execute a Professional
Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, for watershed sanitary
survey, in the amount of $44,750.
C-16 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Moore Twining Associates, Inc., of Fresno, for Water and Wastewater Laboratory
Services ($50,000) (PW)
Adopted Resolution No. 2019-271 authorizing the City Manager to execute a Professional
Services Agreement with Moore Twining Associates, Inc., of Fresno, for water and wastewater
laboratory services, in the amount of $50,000.
C-17 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Fehr & Peers, of Roseville, for Lodi Travel Demand Model Update and Senate Bill 743
Implementation Services ($86,000) and Appropriating Funds ($86,000) (PW)
This item was removed from the Consent Calendar at the request of Mayor Pro Tempore
Nakanishi for discussion purposes.
In response to Mayor Pro Tempore Nakanishi, Public Works Director Charlie Swimley stated that
when traffic is mitigated on a level-of-service basis, the goal is to move traffic to minimize delays,
so the result of that is wider streets or bigger intersections. The new methodology takes into
account vehicle miles traveled, which is looked at on a broader basis and does not encourage
that larger infrastructure.
John Gard, Principal of Fehr & Peers, further explained that Senate Bill (SB) 743 has been on the
books since 2013 and is subject to go into affect statewide on July 1, 2020. SB 743 replaces
level of service within California Environmental Quality Act documents with vehicle miles traveled,
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which considers transportation efficiency of the overall system associated with changes. The two
focuses of the work to be performed are (1) updating the City's travel demand model and (2)
preparation for SB 743 becoming law.
City Manager Schwabauer explained that the purpose of SB 743 is to not install larger
infrastructure but rather to encourage people to walk or use public transportation, which is a very
different standard, and is actually a concept which discourages the use of cars.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-280 authorizing the City Manager to execute a Professional Services
Agreement with Fehr & Peers, of Roseville, for Lodi Travel Demand Model Update and Senate
Bill 743 implementation services, in the amount of $86,000, and appropriating funds in the
amount of $86,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
C-18 Adopt Resolution Authorizing City Manager to Waive Bid Process and Execute
Professional Services Agreement with KONE, Inc., of Sacramento, for Monthly Inspection
and Maintenance Services of Elevators in City Facilities, Utilizing U.S. Communities
Contract No. EV2516 ($75,000) (PW)
Adopted Resolution No. 2019-272 authorizing the City Manager to waive the bid process and
execute a Professional Services Agreement with KONE, Inc., of Sacramento, for monthly
inspection and maintenance services of elevators in City facilities, utilizing U.S. Communities
Contract No. EV2516, in the amount of $75,000.
C-19 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional
Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Wastewater
Operation and Maintenance Assistance Services ($200,000) (PW)
Adopted Resolution No. 2019-273 authorizing the City Manager to execute Amendment No. 3 to
the Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for
wastewater operation and maintenance assistance services, in the amount of $200,000.
C-20 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 U.S.
Environmental Protection Agency; Extend Original Consulting Agreement Expiration Date
to March 31, 2020; Increase Contract by $11,523.72; and Appropriate Funds ($11,785.71)
(CM)
Adopted Resolution No. 2019-274 authorizing the City Manager to execute Amendment No. 2 to
the 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 U.S. Environmental
Protection Agency; extend original consulting agreement expiration date to March 31, 2020;
increase contract by $11,523.72; and appropriate funds, in the amount of $11,785.71.
C-21 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional
Services Agreement with HdL Companies, of Brea, to Provide Business License
Administration Services, Business License Tax Revenue Discovery, Business License Tax
Audit, Transient Occupancy Tax Administration, and Short-Term Rental Administration
Services (CM)
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This item was removed from the Consent Calendar at the request of Council Member Mounce for
discussion purposes.
In response to Council Member Mounce, Deputy City Manager Andrew Keys explained that
business license services are currently handled within the Finance Department. HdL would
provide that services at an enhanced level, including online processing, which is currently not
offered; business tax revenue discovery, similar to the service currently provided for sales tax
revenue discovery; and enhanced Transient Occupancy Tax administration and short-term rental
administration services. Deputy City Manager confirmed that business owners will still get
notification in the mail regarding business license renewal and be able to process their payments
as they currently do, although the mailing address will now be a third party. The biggest
difference will be that online processing will now be an option, something that has been heavily
requested. The telephone numbers provided will be monitored by HdL, however, the City is
ultimately responsible for delivering the service, so if business owners have issues or complaints,
they can talk to HdL or contact City staff.
Council Member Mounce made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-281 authorizing the City Manager to execute Amendment No. 2 to the
Professional Services Agreement with HdL Companies, of Brea, to provide business license
administration services, business license tax revenue discovery, business license tax audit,
Transient Occupancy Tax administration, and short-term rental administration services.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
C-22 Adopt Resolution Authorizing City Manager to Execute Memorandum of Understanding for
Fire Training Facility Use between City of Lodi and City of Stockton (FD)
Adopted Resolution No. 2019-275 authorizing the City Manager to execute a Memorandum of
Understanding for fire training facility use between City of Lodi and City of Stockton.
C-23 Adopt Resolution Authorizing City Manager to Execute First Amendment of Lease with
San Joaquin County for Office Space within Lodi Police Department (PW)
Adopted Resolution No. 2019-276 authorizing the City Manager to execute the first amendment
of lease with San Joaquin County for office space within Lodi Police Department.
C-24 Accept Monthly Protocol Account Report Through November 30, 2019 (CLK)
Accepted monthly Protocol Account Report through November 30, 2019.
C-25 Adopt Resolution Approving City of Lodi’s 2019 Sewer System Management Plan Update
(PW)
Adopted Resolution No. 2019-277 approving City of Lodi's 2019 Sewer System Management
Plan Update.
C-26 Adopt Resolution Authorizing Installation of Various Service Club Signs on “Welcome to
City of Lodi” Sign, Located on Hutchins Street at Harney Lane (PW)
This item was removed from the Consent Calendar at the request of Council Member Chandler
for discussion purposes.
At the request of Council Member Chandler, Richard Prima, 2nd Vice President of the Lodi Lions
Club, came to the podium to explain the benefit of service clubs in Lodi. Mr. Prima stated service
clubs have been around for a long time, and while many organizations and non profits take on
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single-purpose causes, the service clubs take on a lot of different projects which benefit Lodi.
Some examples are Emerson Park, donations for the band review and the hospital, and the
World of Wonders Science Museum expansion. He further stated that service clubs do a lot
of good in the community, so it is important for people to know that services clubs are alive and
well in Lodi.
Council Member Chandler made a motion, second by Council Member Mounce, to adopt
Resolution No. 2019-282 authorizing the installation of various service club signs on "Welcome to
City of Lodi" sign, located on Hutchins Street at Harney Lane.
C-27 Adopt Resolution Adopting the City of Lodi Code of Ethics and Values Thereby Rescinding
Resolution No. 2004-115 (CA)
Adopted Resolution No. 2019-278 adopting the City of Lodi Code of Ethics and Values thereby
rescinding Resolution No. 2004-115.
C-28 Set Public Hearing for January 15, 2020, to Consider Adopting Resolution to Approve
Community Development Block Grant Consolidated Plan Amendment No. 1 (CD)
Set public hearing for January 15, 2020, to consider adopting resolution to approve Community
Development Block Grant Consolidated Plan Amendment No. 1.
C-29 Set Public Hearing for January 15, 2020, to Consider Adopting Resolution Authorizing
City Manager to Execute Energy Service Agreement with Schneider Electric Buildings
Americas, Inc., of Carrollton, Texas, for Conceptual Development (Phase 1) and Design
Development (Phase 2) for Replacement of Aeration Blowers and Diffusers at White
Slough Water Pollution Control Facility ($225,000), in Accordance with California
Government Code Section 4217 (PW)
Set public hearing for January 15, 2020, to consider adopting resolution authorizing the
City Manager to execute Energy Service Agreement with Schneider Electric Buildings Americas,
Inc., of Carrollton, Texas, for conceptual development (Phase 1) and design development (Phase
2) for replacement of aeration blowers and diffusers at White Slough Water Pollution Control
Facility, in the amount of $225,000, in accordance with California Government Code Section
4217.
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.
Spencer Rhoads, member of the public, offered his congratulations to Mayor Kuehne on his
recent appointment. He mentioned a recent article in the Lodi New Sentinel regarding
the selection of the new mayor. He stated that he believes people's frustration is not about who is
sitting in the seat but rather by the process. He had been involved in trying to organize a ballot
measure to have the service as mayor rotate by district, but after listening to the community, he
feels people want the power to elect the mayor directly. The current process dates from 1906
when Lodi had fewer than 2,000 citizens; now that there are 70,000 citizens, power should be
given to people. The Council has the power to put it on the ballot, as do the people. He would like
to work with Council to put this measure on the ballot. Currently, each mayor has key issues, but
these change yearly, and each mayor is beholden to the members of his or her own district.
Mr. Rhoads asked to have Council put a measure on the upcoming ballot to directly elect the
mayor every two years. He further stated that the public can reach him at lodielect@gmail.com or
on Facebook at Lodi Elected Mayor Initiative.
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E. Comments by the City Council Members on Non-Agenda Items
Mayor Pro Tempore Nakanishi reported that he attends groundwater meetings, with Public Works
Director Charlie Swimley serving as alternate, and gave an update on recent activity.
Council Member Mounce thanked Spencer Rhoads for bringing forward the issue of a directly-
elected mayor. She stated that Council should have a Shirtsleeve Session to discuss putting a
measure on the 2020 ballot so Council would have input on the issue. In response to Council
Member Mounce’s question as to whether any other Council Members would be interested in a
Shirtsleeve Session on this issue, Mayor Kuehne indicated that he was. Council Member Mounce
stated that she appreciates the City Manager bringing forward projects that utilize the services of
U.S. Communities, however, she wanted to be sure that staff is aware that U.S. Communities is
no longer owned by the League of California Cities and California State Association of
Counties. Further, Council Member Mounce stated League leaders from all Divisions met at the
beginning of December to discuss strategic goals, which include: improving the supply and
affordability of housing; advocating for increased funding and resources for homelessness;
addressing fiscal sustainability within the State, including pension obligations; and strengthening
disaster preparedness, public safety, and resiliency. Lastly, Council Member Mounce gave City
Clerk Jennifer Ferraiolo her best wishes for her retirement and expressed how much she had
enjoyed working with her.
Council Member Chandler echoed Council Member Mounce’s sentiments.
Mayor Pro Tempore Nakanishi applauded Spencer Rhoad’s efforts on the measure he discussed
earlier; however, he cautioned that each ballot measure costs approximately $30,000 and not
everyone will be in agreement. He stated he feels it is best for the public to raise the money and
put it on the ballot. He further stated he has concerns about a directly-elected mayor increasing
costs, but he thought having a Shirtsleeve Session on the issue was a good idea.
Council Member Chandler stated that he would also like a Shirtsleeve Session on the issue of a
directly-elected mayor because there are a lot of considerations. Further, he congratulated Mayor
Kuehne and wished him luck in his upcoming year.
Mayor Kuehne noted that he asked to have a directly-elected mayor when the City went through
redistricting. He commented that he had recently attended the Gala for Hutchins Street Square
and the Builders Exchange crab feed, and he encouraged everyone to attend the upcoming Boys
& Girls Club crab feed. Mayor Kuehne further noted that he has been working on the
homelessness issue for the past year and a half, as well as serving as the chair of COG. He gave
an update on recent COG Executive Committee activity in relation to the State moving affordable
housing under COG.
Council Member Mounce noted that there is a State mandate for COGs to take up this issue,
even though COGs deal with transportation, not affordable housing. She further stated that the
County Continuum of Care just received over $12 million in State funding, and she would like to
know if the Homelessness Committee is committed to applying for funds for low-barrier shelters.
In response to Mayor Pro Tempore Nakanishi, City Manager Schwabauer clarified that cities do
not get Continuum of Care funds for cleanup expenses; the City of Stockton got a direct allocation
for cities over a certain size. There are funds that Lodi can apply for from the County allocation,
and staff will be making applications.
Following the end of Comments by the City Council, Council Member Mounce asked that Public
Works Director Swimley let his staff know how much their efforts at the leaf collection are
appreciated and that they are doing an outstanding job.
F. Comments by the City Manager on Non-Agenda Items
City Manager Schwabauer thanked retiring City Clerk Jennifer Ferraiolo for her professionalism
and personal support, and stated she was a remarkable clerk to work with.
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City Attorney Magdich echoed his thoughts, adding she admired Ms. Ferraiolo's professionalism
and calm.
G. Public Hearings
G-1 Public Hearing to Receive Input and Consider Adopting Resolution Calling an Election to
Submit to Qualified Electors the Questions of Levying a Special Tax Within the Area
Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services)
(Annexation No. 9); and Resolution Declaring Results of Special Election and Ordering
Annexation of Territory to Community Facilities District No. 2007-1 (Public Services)
(Annexation No. 9); and Introduce an Uncodified Ordinance Levying and Apportioning
Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public
Services) (Annexation No. 9) (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 Kuehne called for the public hearing to consider adopting a
resolution calling an election to submit to qualified electors the questions of levying a special tax
within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public
Services) (Annexation No. 9); and resolution declaring results of special election and ordering
annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation
No. 9); and introduce an uncodified ordinance levying and apportioning special tax in territory
annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 9).
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding Community
Facilities District (CFD) Annexation No. 9. Specific topics of discussion included CFD Annexation
No. 9 map and recommended action.
Mayor Kuehne opened the public hearing for public comment.
There being no public comments, Mayor Kuehne closed the public hearing.
Council Member Mounce made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-283 calling an election to submit to qualified electors the questions of
levying a special tax within the area proposed to be annexed to Community Facilities District
No. 2007-1 (Public Services) (Annexation No. 9).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
Council Member Mounce made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-284 declaring results of special election and ordering annexation of territory
to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 9).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
Council Member Mounce made a motion, second by Council Member Chandler, to introduce
uncodified Ordinance No. 1974 levying and apportioning special tax in territory annexed to
Community Facilities District No. 2007-1 (Public Services) (Annexation No. 9).
VOTE:
The above motion carried by the following vote:
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Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
H. Regular Calendar
H-1 Adopt Resolution Approving Final Budget Adjustments for Fiscal Year 2019 and
Appropriate Funds ($139,586.31) (CM)
Deputy City Manager Andrew Keys provided a presentation regarding final budget adjustments
for Fiscal Year 2019. Specific topics of discussion included adjustments for Fiscal Year 2019;
overages due to operational purposes related to fleet services; and authority to close the book
with the budget matching actual expenditures.
In response to Council Member Mounce, Deputy City Manager Keys stated the Comprehensive
Annual Financial Report should be available in the next week or so; the initial intention was to
have it in December, however, staff was unable to make the deadline due to turnover in key
personnel at the audit firm; and the audit will be presented at the first meeting in February.
Council Member Mounce made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2019-285 approving final budget adjustments for Fiscal Year 2019 and
appropriating funds, in the amount of $139,586.31.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
H-2 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and Lodi
City Mid-Management Association for Period January 1, 2020 through December 31, 2022
(CM)
Human Resources Manager Adele Post provided a presentation regarding the Memorandum of
Understanding between City of Lodi and the Lodi City Mid-Management Association. Specific
topics of discussion included three-year term; cost-of-living adjustments affective the first full pay
period of January 2020, January 2021, and January 2022; amendment regarding temporary
upgrades for members appointed as interim department director; 10% differential between
LCMMA member and base salary of their direct report; two-step range adjustment (5% each step)
for select positions in the Electric Utility Department and the Information Technology Division to
address compaction and competitiveness, respectively; recognition of hard work of members of
LCMMA; and the adjustments are necessary to provide compensation commensurate with
responsibilities.
LCMMA President Gary Wiman thanked the City and Council for recognizing the LCMMA
members and their value to the City and stated that it is important to stay competitive in the
marketplace to attract and retain the best employees. Further, he recognized retiring City Clerk
Jennifer Ferraiolo for her service to the City.
Council Member Mounce made a motion, second by Council Member Chandler, to adopt
Resolution No. 2019-286 approving the Memorandum of Understanding between City of Lodi and
Lodi City Mid-Management Association for the period January 1, 2020 through December 31,
2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
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Noes: None
Absent: Council Member Johnson
H-3 Adopt Resolution Approving Revisions to Compensation and Other Benefits for
Confidential Mid-Management Employees for Period January 1, 2020 through December
31, 2022 (CM)
Deputy City Manager Andrew Keys provided a presentation regarding revisions to compensation
and other benefits for Confidential Mid-Management employees. Specific topics of discussion
included the compensation and benefits largely mirroring the LCMMA agreement, with the
difference of a 5% annual compensation increase, with 1% pickup of PERS contributions in each
of those years; 4% in January 2020; 1% salary increase and 1% PERS pickup in July 2020; 5%
salary increase with 1% PERS pickup in January 2021 and January 2022; the salary range
adjustments provided to certain positions within Electric Utility Department and Information
Systems Division will be extended to the Budget Manager, Human Resources Manager, Risk
Manager, and Accounting Manager positions.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Mounce, to adopt
Resolution No. 2019-287 approving revisions to compensation and other benefits for Confidential
Mid-Management employees for the period January 1, 2020 through December 31, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
H-4 Adopt Resolution Approving Amendment of Senior Traffic Engineer Job Description and
Addition of One Full-Time Senior Traffic Engineer in Public Works Department (CM)
Human Resources Manager Adele Post provided a presentation regarding the amendment of the
Senior Traffic Engineer job description and the addition of one full-time Senior Traffic Engineer in
the Public Works Department. Specific topics of discussion included combining Senior Traffic
Engineer and Transportation Manager positions in 2011; splitting the position back into two
positions following incumbent's retirement in 2017; hiring of a full-time Transportation Manager;
hiring of a consultant to perform traffic engineering after an unsuccessful recruitment
process; request from the Public Works Department to add one full-time Senior Traffic Engineer
and discontinue use of the consultant; and approximate annual cost savings of $30,000.
Council Member Chandler made a motion, second by Council Member Mounce, to adopt
Resolution No. 2019-288 approving the amendment of the Senior Traffic Engineer job description
and the addition of one full-time Senior Traffic Engineer position in the Public Works Department.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
H-5 Introduce Ordinance of Lodi City Council Amending Lodi Municipal Code Title 6 – Animals
– by Repealing and Re-Enacting Chapter 6.08, “Prohibited Animals,” in Its Entirety (CA)
City Attorney Janice Magdich provided a presentation regarding the introduction of an ordinance
amending Lodi Municipal Code Title 6 - Animals. Specific topics of discussion included Lodi
Municipal Code Chapter 6.08, "Prohibited Animals," amendment on May 20, 2015, to allow up to
five chicken hens per residential parcel; very few complaints received by Lodi Police Department
Animal Services; request to add quail and ducks, which are currently prohibited as livestock;
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amendment will allow female ducks and quail, in addition to chicken hens; the maximum number
of fowl allowed per residential lot will remain at five but only two may be ducks due to size.
Council Member Mounce made a motion, second by Council Member Chandler, to introduce
Ordinance No. 1975 of Lodi City Council amending Lodi Municipal Code Title 6 – Animals – by
repealing and re-enacting Chapter 6.08, “Prohibited Animals,” in its entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
I. Ordinances – None
J. Reorganization of the Following Agency Meetings:
Council Member Mounce made a motion, second by Mayor Pro Tempore Nakanishi, to adopt the
following resolutions: Resolution No. LPIC2019-01 reorganizing the Lodi Public Improvement
Corporation; Resolution No. IDA-42 reorganizing the Industrial Development Authority; Resolution
No. LFC-29 reorganizing the Lodi Financing Corporation; and Resolution No. LFPA2019-01
reorganizing the Lodi Public Financing Authority.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: Council Member Johnson
J-1 Lodi Public Improvement Corporation
J-2 Industrial Development Authority
J-3 Lodi Financing Corporation
J-4 Lodi Public Financing Authority
K. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 8:39 p.m., in honor of retiring City Clerk Jennifer Ferraiolo.
ATTEST:
Pamela M. Farris
Assistant City Clerk
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