HomeMy WebLinkAboutMinutes - May 6, 2020LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 6, 2020
The City Council Closed Session meeting of May 6, 2020, was called to order by Mayor Kuehne
at 6:33 p.m.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
NOTE: Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council
Members participated in the meeting via teleconference.
At 6:33 p.m., Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:42 p.m.
At 7:01 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions.
Item C-2a) was discussion with no reportable action.
The Regular City Council meeting of May 6, 2020, was called to order by Mayor Kuehne
at 7:01 p.m.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
NOTE: Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Pending Litigation: Government Code §54956.9(a); one case; Cross Culture Christian
Center, a California Non-Profit Corporation; Pastor Jonathan Duncan, an individual v.
Gavin Newsom, in his official capacity as Governor of California; Xavier Becerra, in his
official capacity as the Attorney General of California; Sonia Angell, in her official capacity
as California Public Health Officer; Maggie Park, in her official capacity as Public Health
Officer, San Joaquin County; Marcia Cunningham, in her official capacity as Director of
Emergency Services, San Joaquin County; City of Lodi; Tod Patterson, in his official
capacity as Chief of Police of Lodi, California, United States District Court, Eastern District
of California Case No. 2:20-cv-00832-JAM-CKD
C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Action
A.Call to Order / Roll Call
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Members participated in the meeting via teleconference and the meeting was available for
viewing by the public via livestream at www.facebook.com/cityoflodi; the opportunity for public
comment was available through councilcomments@lodi.gov.
Mayor Kuehne presented a proclamation to Public Works Director Charlie Swimley declaring
May 17 to 23, 2020 as National Public Works Week in Lodi. Mr. Swimley thanked the Mayor for
recognizing Public Works Week and noted that the theme this year is, "The Rhythm of Public
Works." He stated that the Public Works team has risen to the occasion of the pandemic by
taking on many new responsibilities, but, through it all, Public Works has remained steady.
Mayor Kuehne presented a proclamation to Police Chief Sierra Brucia declaring the week of
May 10 to 16, 2020, as National Police Week in Lodi. Chief Brucia thanked Council for
recognizing the Police Department, especially during these challenging times. He noted that due
to the COVID-19 pandemic, Officer Rick Cromwell, who died in the line of duty, would be privately
honored by the Department.
Council Member Mounce 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 Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Claims were approved in the amount of $2,128,164.13.
The minutes of April 7, 2020 (Shirtsleeve Session), April 14, 2020 (Shirtsleeve Session), April 15,
2020 (Regular Meeting), April 15, 2020 (Special Meeting), and April 21, 2020 (Shirtsleeve
Session) were approved as written.
B. Presentations
B-1 National Public Works Week Proclamation (PW)
B-2 National Police Week Proclamation (PD)
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on
the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a
consent calendar item pulled and discussed separately, refer to the Special
Teleconference Notice at the beginning of this agenda.
C-1 Receive Register of Claims for March 27, 2020 through April 16, 2020 in the Amount of
$2,128,164.13 (FIN)
C-2 Approve Minutes (CLK)
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Adopted Resolution No. 2020-83 awarding contract for Wastewater Main Rehabilitation Program
(Project No. 8) to Insituform Technologies, LLC, of Chesterfield, Missouri, in the amount of
$1,882,322; authorizing the City Manager to execute change orders in an amount not to exceed
$400,000; and authorizing the City Manager to execute related documents.
Adopted Resolution No. 2020-84 authorizing the City Manager to execute a Professional Services
Agreement with Diede Construction, Inc., of Woodbridge, for operations and maintenance
services of Central Plume PCE/TCE Remedial Sites, in the amount of $171,656, and
appropriating funds, in the amount of $171,656.
Adopted Resolution No. 2020-85 authorizing the City Manager to execute a Professional Services
Agreement with Global Labs, Inc., of El Dorado Hills, for laboratory services, in the amount of
$150,000.
Adopted Resolution No. 2020-86 approving 2020/2021 Pavement Resurface Project for Road
Repair and Accountability Act of 2017 funding.
Adopted Resolution No. 2020-87 ratifying expenses and authorizing the City Manager to execute
change order to Resolution No. 2019-178 to purchase replacement ultra high frequency (UHF)
conventional multisite radio communications systems from Motorola Solutions, Inc., of San Diego,
in the amount of $53,431.
Adopted Resolution No. 2020-88 amending the implementation of the Electric Vehicle Strategy by
authorizing staff to increase commercial rebate amounts, and reallocate Electric Vehicle Ride and
Drive Event funds to other promotional activities, as necessary.
C-3 Adopt Resolution Awarding Contract for Wastewater Main Rehabilitation Program (Project
No. 8) to Insituform Technologies, LLC, of Chesterfield, Missouri ($1,882,322), Authorizing
City Manager to Execute Change Orders ($400,000), and Authorizing City Manager to
Execute Related Documents (PW)
C-4 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Diede Construction, Inc., of Woodbridge, for Operations and Maintenance Services of
Central Plume PCE/TCE Remedial Sites ($171,656), and Appropriating Funds ($171,656)
(PW)
C-5 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Global Labs, Inc., of El Dorado Hills, for Laboratory Services ($150,000) (PW)
C-6 Adopt Resolution Approving 2020/2021 Pavement Resurface Project for Road Repair and
Accountability Act of 2017 Funding (PW)
C-7 Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Change
Order to Resolution No. 2019-178 to Purchase Replacement Ultra High Frequency (UHF)
Conventional Multisite Radio Communications Systems from Motorola Solutions, Inc., of
San Diego ($53,431) (IT)
C-8 Adopt Resolution Amending the Implementation of the Electric Vehicle Strategy by
Authorizing Staff to Increase Commercial Rebate Amounts, and Reallocate Electric
Vehicle Ride and Drive Event Funds to Other Promotional Activities, as Necessary (CM)
C-9 Adopt Resolution Authorizing City Manager to Execute ESRI Enterprise Advantage
Program (EEAP) Agreement with Environmental Systems Research Institute, Inc., (ESRI),
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Adopted Resolution No. 2020-89 authorizing the City Manager to execute ESRI Enterprise
Advantage Program (EEAP) agreement with Environmental Systems Research Institute, Inc.,
(ESRI), of Redlands, for geographic information system (GIS) integration services, in the amount
of $89,000, and authorizing the Electric Utility Director to purchase additional Support Service
Credits, in the amount of $68,000, to advance Lodi Electric Utility's GIS adoption and integration
efforts.
Adopted Resolution No. 2020-90 authorizing the City Manager to execute the Participating
Electric Distribution Utility Joinder to the Clean Fuel Reward Program Governance Agreement.
Adopted the following resolutions pertaining to the November 3, 2020, General Municipal
Election: Resolution No. 2020-91 calling and giving notice of the General Municipal Election;
Resolution No. 2020-92 requesting the San Joaquin County Board of Supervisors to render
specified services for the conduct of a General Municipal Election; Resolution No. 2020-93 setting
forth the Council's policy regarding impartial analysis, arguments, and rebuttal arguments for any
measure(s) that may qualify to be placed on the ballot; and Resolution No. 2020-94 adopting
regulations for candidates for elective office pertaining to candidates' statements submitted to the
voters at the General Municipal Election.
Made the following appointment:
Site Plan and Architectural Review Committee
Trenton Diehl Term to expire January 1, 2024
Received report regarding communication pertaining to support of H.R. 6467, Coronavirus
Community Relief Act.
of Redlands, for Geographic Information System (GIS) Integration Services ($89,000), and
Authorizing Electric Utility Director to Purchase Additional Support Service Credits
($68,000) to Advance Lodi Electric Utility’s GIS Adoption and Integration Efforts (EU)
C-10 Adopt Resolution Authorizing City Manager to Execute the Participating Electric
Distribution Utility Joinder to the Clean Fuel Reward Program Governance Agreement
(EU)
C-11 Adopt the Following Resolutions Pertaining to the November 3, 2020, General Municipal
Election:
C-12 Appoint Trenton Diehl to the Site Plan and Architectural Review Committee (CLK)
C-13 Receive Report Regarding Communication Pertaining to Support of H.R. 6467,
Coronavirus Community Relief Act (CLK)
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. If you wish to
address the Council, please refer to the Special Teleconference Notice at the beginning of
this agenda. Individuals are limited to one appearance during this section of the Agenda.
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Comments were received via email (filed) and read into the record from the following members of
the public:
Kathy Carey Dais - problems with the homeless
Amanda Lee - termination of Lodi Police Officer
Jenny Miller - termination of Lodi Police Officer
Theresa Delp - closure of the parking garage
Council Member Mounce stated that she appreciated the comments about the closure of the
parking garage, but the City has already responded and the parking garage is open again. She
further stated that Kathy Dais and other members of Take Back Lodi are the reason the City was
as clean as it was despite having people living on the streets, and she agrees with what Ms. Dais
had to say; the City has made strides to help people living on the street; Mayor Kuehne and
Council Member Chandler have worked hard on this issue but it is not obvious to the public; it is
time to make some visible changes; the City needs to designate City-owned property to fence off
and provide and area with bathrooms and sanitation stations to get the homeless out of
downtown and the parks; and Downtown, Lawrence Park, and the PG&E station are all getting
worse, despite Officer Schiele's hard work.
In response to Council Member Mounce, City Manager Schwabauer stated an item would be
brought to Council at either the second meeting in May or the first meeting in June.
Council Member Chandler stated that he agrees with Council Member Mounce regarding finding
space, but there is no reason to expect that the homeless will not be in other areas of the City as
well. He further stated that citizens are accusing the Council of not opening the City, but the
Council does not have that authority and citizens should contact the Governor's office; City
Council will do everything in their power to open the City but at this time, it is just following orders.
Mayor Pro Tempore Nakanishi stated he supports the comments regarding the homeless and
looks forward to the report. He noted that the City is in the 7th week of the stay-at-home order
which began March 19; the curve has been flattened and the hospital is empty but there is a loss
of jobs and income, and Council has received many emails and letters demanding the City do
something. He stated that he agrees but the City does not have the authority to overrule the
County and the State, and citizens should write to San Joaquin County Public Health and to the
Governor. He further stated that the San Joaquin County Board of Supervisors will be discussing
their plan on Tuesday regarding reopening some types businesses, which is the same plan
advocated by the cities in Stanislaus County in their letter to the Governor; he is in favor of
sending the same type of letter.
Mayor Kuehne stated Council has received a variety of emails regarding opening the City back
up. He noted that a third of the population wants to open up as if nothing had happened, a third
is cautiously optimistic and wants to open things slowly and carefully, and a third wants nothing to
open until there is a vaccine. He stated that he has been communicating with Dr. Park on a
weekly basis about her position and how it affects Lodi; Supervisor Winn contacted him regarding
putting together a protocol or a list of businesses to provide protocols for reopening in preparation
for when County Public Health authorizes reopening. Lodi citizens have done an excellent job of
sheltering in place, and there has been only one death and very few cases, so he is supportive of
staff pressing the issue with the County and is willing to sign a letter to the Governor.
E. Comments by the City Council Members on Non-Agenda Items
F.Comments by the City Manager on Non-Agenda Items
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None.
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
resolution approving Final 2020-21 Annual Action Plan for Community Development Block Grant
(CDBG) Program.
Community Development Director John Della Monica gave a short overview of the item and
introduced CDBG Program Administrator Patrice Clemons. Ms. Clemons provided a PowerPoint
presentation regarding CDBG Final Annual Action Plan for 2020-2021. Specific topics of
discussion included CDBG purpose, 2020-2021 Annual Action Plan, Annual Action Plan Process,
budget, funding recommendations, and recommended action.
Council Member Mounce stated that during the second round for CDBG based on the Community
CARE Program, the City should give consideration to some of the objectives discussed at the last
meeting, specifically the organizations that requested funding but did not receive it in this round.
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. 2020-95 approving the Final 2020-21 Annual Action Plan for Community
Development Block Grant (CDBG) Program.
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: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
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 introducing
an ordinance amending Lodi Municipal Code Title 17 - Development Code, by repealing and
reenacting Section 17.18.020, "Purposes of Residential Zoning Districts," Section 17.20.030,
"Commercial Zoning District Land Uses and Permit Requirements," Section 17.20.040,
G. Public Hearings
G-1 Public Hearing to Consider Adopting Resolution Approving Final 2020-21 Annual Action
Plan for Community Development Block Grant (CDBG) Program (CD)
G-2 Public Hearing to Consider Introducing an Ordinance Amending Lodi Municipal Code Title
17 –Development Code, by Repealing and Reenacting Section 17.18.020 –Purposes of
Residential Zoning Districts, Section 17.20.030 –Commercial Zoning District Land Uses
and Permit Requirements, Section 17.20.040 –Commercial District General Development
Standards, and Section 17.22.030 -Mixed Use Zoning Districts Land Uses and Permit
Requirements in Their Entirety (CD)
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"Commercial District General Development Standards," and Section 17.22.030, "Mixed Use
Zoning Districts Land Uses and Permit Requirements" in their entirety.
Community Development Department contract Planner Ed Junker provided a PowerPoint
presentation regarding the proposed ordinance. Specific topics of discussion included purpose of
amendment, scope and effect of revisions, proposed amendments, residential density, office
district uses, map of office-zoned lands, core office district, Community Commercial (CC) parcel
size, map of CC-zoned lands, core CC district, Mixed Commercial Use (MCO) district residential
uses, maps of MCO district single family residential uses, Planning Commission review, CEQA
review, and recommendation.
In response to City Manager Schwabauer, Mr. Junker stated that there is interest in a senior care
facility, but evaluation of the Code is separate from any project before the department.
In response to Council Member Chandler, Mr. Junker stated that the current commercial parcels
under two acres in size were legal when created but parcels cannot be created in this manner
now.
Council Member Mounce expressed concern over the revisions to Section 17.18.020 and stated
the City needs to be cautious about putting additional pressure on the Eastside, which is already
over populated, as the City does not want the unintended consequence of more apartment
complexes added to the Eastside. She also expressed concerns about the mixed-use zoning
district on Elm Street, stating she cannot support this piece of the ordinance.
Mr. Junker stated that these zoning overlays already exist on the Eastside and are being
identified by staff at this time, not created.
City Manager Schwabauer clarified that the object is to make the houses that are currently non-
conforming into conforming uses.
Community Development Director John Della Monica confirmed that a single-family detached
house can remain but a new one cannot be built.
Council Member Mounce stated that commercial uses produce noise in the neighborhood, and
further, she is concerned because a house that is in poor condition cannot be rebuilt.
City Manager Schwabauer clarified that many years ago the zoning in that area was changed
from residential to industrial, so it is currently industrial which makes all of the houses legal
nonconforming; the purpose of the ordinance is to make the houses legal and remove the burden
of code nonconformance which prevents property owners from getting building permits.
Mr. Della Monica reiterated that the purpose of the change is to bring the single-family
residences into conformance so that owners can do things, such as obtain a repair or remodel
permit.
Council Member Mounce stated that residents should not have the risk of an adjacent property
owner selling a house that would be converted to industrial use.
In response to Mayor Kuehne, Mr. Junker confirmed that duplexes, triplexes, and apartments are
allowed per the 2013 Code.
City Schwabauer clarified that the change was in response to citizens asking to remodel their
houses, so he would suggest approving this ordinance change to allow permits to be issued to
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those with currently legal nonconforming uses, and then returning to Council with changes to
address the other concerns regarding this area.
Mayor Pro Tempore Nakanishi suggested looking at the Lodi Avenue mixed-use area and
amending the Code again.
Council Member Mounce stated she cannot support the ordinance if the area is all zoned multi-
use and industrial is allowed in the residential areas.
City Manager Schwabauer reiterated that the ordinance is not changing any of the current zoning;
the aim is to allow residential property owners to upgrade their houses.
In response to Council Member Chandler, City Manager Schwabauer stated these zoning
changes were made in the 1980s.
Council Member Chandler suggested extracting this section from the motion and then clarify
property identifications.
In response, Mr. Junker clarified that on the map, pink represents residential use and blue is not
confirmed as residential; there is probably more residential uses than reflected on the map, which
reinforces the need to recognize those property as legal and conforming.
Council Member Mounce stated that she appreciates that the changes are intended to help
people be conforming, but the City needs to remove the multi-use zoning and make it residential
only.
Mr. Della Monica suggested making the change to allow single-family residential to bring those
properties into conformance and then visit the issue of rezoning to eliminate land use, but in the
meantime this would allow property owners to maintain their homes and could heal some of the
neighborhood.
Mayor Kuehne stated he would be support the change if the language was cleaned up to allow
homeowners to work on their houses; City Manager Schwabauer stated that those language
changes could not be made tonight.
Mayor Kuehne opened the public hearing for public comment.
There being no public comments, Mayor Kuehne closed the public hearing.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to
introduce Ordinance No. 1977 amending Lodi Municipal Code Title 17 - Development Code, by
repealing and reenacting Section 17.18.020, "Purposes of Residential Zoning Districts," Section
17.20.030, "Commercial Zoning District Land Uses and Permit Requirements," Section
17.20.040, "Commercial District General Development Standards," and Section 17.22.030,
"Mixed Use Zoning Districts Land Uses and Permit Requirements" in their entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: Council Member Mounce
Absent: None
ROLL CALL VOTE
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The City Council held a ROLL CALL vote (all voiced their votes).
Human Resources Manager Adele Post provided a presentation regarding the policy for
Emergency Paid Sick Leave and the Expansion of the Family Medical Leave Act in accordance
with H.R. 6201. Specific topics of discussion included numerous changes; Blue Sheet which
shows last-minute changes to child care and isolation; covers two acts - Emergency Paid Sick
Leave and Expansion of the Family Medical Leave Act; temporary policy which will expire on
December 31, 2020; expansion of definition of childcare provider; and deletion of Senior Library
Assistant position from exempted list.
In response to Mayor Pro Tempore Nakanishi, City Manager Schwabauer stated that no federal
money is provided to support the mandated adoption of this policy; private companies receive
funding but not government agencies.
Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2020-96 approving Policy for Emergency Paid Sick Leave and Expansion of the
Family Medical Leave Act in Accordance with H.R. 6201, the Families First Coronavirus
Response Act.
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: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
City Manager Schwabauer provided an introduction to the discussion on the status of the stay-at-
home orders issued in response to the COVID-19 pandemic. He stated the City does not have a
public health authority and does not have the authority that is granted to public health authorities;
the State and San Joaquin County have issued orders; only businesses allowed are those
deemed essential; earlier this week the Governor announced as of Friday the State will be
transitioning to Phase 2a; there is a pattern of softening restrictions; San Joaquin County is taking
steps to implement those changes; types of businesses included in Phase 2a are largely retail
stores operating with curbside service; the Governor is also working on creating a set of factors
that counties can rely on for Phase 2b which will include another broader group of businesses;
expecting more guidance from the State on Thursday as to what the County will need to be able
to certify; and the County has not issued Phase 3 guidelines which will include more assembly-
type businesses.
Council Member Mounce stated that the one-size-fits all approach taken by the State does not
make sense; Lodi has done a great job flattening the curve and has a low number of infected and
H.Regular Calendar
H-1 Adopt Resolution Approving Policy for Emergency Paid Sick Leave and Expansion of the
Family Medical Leave Act in Accordance with H.R. 6201, the Families First Coronavirus
Response Act (CM)
H-2 Discussion on Status of Stay-at-Home Orders in Issued in Response to the COVID-19
Pandemic (CM)
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hospitalized citizens; the orders are killing small businesses; as long as social distancing is
observed, there is no reason not to move Lodi towards reopening; the Council needs to send a
letter to the Public Health Director and the Governor to urge them to take into consideration the
City's data, to make sure they understand that one-size does not fit all, and to find a way to open
up business in Lodi.
Council Member Chandler stated that he wholly endorses Council Member Mounce's comments
and feels that the City needs to be more aggressive in making the point that the citizens of Lodi
need to be able to open their businesses.
Mayor Pro Tempore Nakanishi stated that he agrees with Council Member Mounce; the orders
are ambiguous and arbitrary; and businesses such as hair salons, dog groomers, barbers, and
car washes need to be included in allowed businesses.
Mayor Kuehne stated that he supports Council Member Mounce's comments; Lodi is the only city
in the County that has had multiple protests because the citizens know the City is doing well in
preventing the spread; the County needs to treat Lodi slightly differently; Lodi should open slowly
and cautiously, sooner than the other cities; and he is supportive of a letter to the Governor.
Mayor Pro Tempore Nakanishi indicated he would support a letter similar to the one written by the
cities in Stanislaus County.
Council Member Mounce stated that she feels the City should stop citing businesses and the City
should shift the enforcement of the County and Governor's orders to the County.
Council Member Chandler and Mayor Kuehne concurred.
Police Chief Brucia stated the City needs to maintain consistency; it is difficult for officers to make
judgement calls in the field because the orders are ambiguous; and enforcement has mostly been
education with only one or two citations issued.
Council Member Mounce reiterated that the Police Department should not be using resources for
enforcement or education.
Mayor Pro Tempore Nakanishi stated that Tuesday the Public Health Authority would be making
a presentation to the San Joaquin County Board of Supervisors and suggested the City wait for
that report.
Council Member Mounce disagreed, stating the City should move forward as quickly as possible.
Council Member Chandler concurred, stating that there is no reason not to be on the record
regarding reopening businesses in Lodi.
Mayor Kuehne concurred, stating he supported including verbiage about proceeding with caution,
supporting mitigation work to return to work safely, not supporting large gatherings and concerts,
and enumerating protocols.
City Manager Schwabauer encouraged Council not to become involved with public health
business as the City is not a public health authority or to tell the public how to operate in
opposition to State and County orders.
Mayor Pro Tempore Nakanishi stated he supports sending a letter and asking the Police
Department to be light handed.
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Chief Brucia stated if the Police Department is asked to enforce parts of the orders and not
enforce other parts, there will be an uptick in complaints.
City Attorney Magdich stated inconsistency makes it very difficult for officers; only one citation
was issued in the City; if the City does not follow the guidelines, we will have no insurance
coverage; tomorrow the Governor will be releasing guidelines for counties to make decisions; the
County will be making a road map for recovery; and there will be definite changes following the
Governor's announcement.
Council Member Mounce stated she supports writing a letter to the County and the Governor
advocating local control; businesses can make decisions on operation and consumers can make
decisions on whether to patronize the businesses; and it is not the City's responsibility to enforce
the orders.
Council Member Chandler supported sending a letter advocating advancing the phases more
rapidly as our community has been acting responsibly.
Mayor Kuehne asked for public comment and the emails (filed) received from the following
members of the public were read into the record. All emails advocated the reopening of
businesses in Lodi.
Philip Diaz
Jenny Miller
Kathy Carey Dais
Gary & Denise Wiman
Trevor Phillips
Leah Suelter
Amanda Lee
Jacqueline Davis
Mindy Compton
Monica Fritz
Judy Phillips
Alex Aliferis
Council Member Mounce made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Ordinance No.1976 entitled, "An Ordinance of the City Council of the City of Lodi Authorizing an
Amendment to the Contract Between the City Council of the City of Lodi and the Board of
Administration of the California Public Employees' Retirement System."
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: None
I. Ordinances
I-1 Adopt Ordinance No.1976 Entitled, "An Ordinance of the City Council of the City of Lodi
Authorizing an Amendment to the Contract Between the City Council of the City of Lodi
and the Board of Administration of the California Public Employees’ Retirement System"
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ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
There being no further business to come before the City Council, the meeting was adjourned
at 9:51 p.m.
J.Adjournment
ATTEST:
Pamela M. Farris
Assistant City Clerk
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