HomeMy WebLinkAboutMinutes - August 5, 2020LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 5, 2020
The City Council Closed Session meeting of August 5, 2020, was called to order by
Mayor Kuehne at 6:35 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 City Clerk Cusmir
At 6:35, Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above matters.
The Closed Session adjourned at 6:55 p.m.
At 7:02 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following actions:
Items C-2a), C-2b), C-2c), and C-2d) were all discussion with no reportable action.
The Regular City Council meeting of August 5, 2020, was called to order by Mayor Kuehne
at 7:02 p.m.
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a)Actual Litigation: Government Code Section 54956.9; One Application; Todd Lewis v. City
of Lodi, Workers’ Compensation Appeals Board Case No. ADJ12528172 (DOI: 05/21/18)
(CA)
b)Actual Litigation: Government Code Section 54956.9; Four Applications; Todd Wagner v.
City of Lodi; Workers’ Compensation Appeals Board Case No. ADJ10881078 (DOI:
2/01/2017), No. ADJ10881070 (DOI: CT-09/11/2016), No. ADJ11220729 (DOI:
02/19/2018), No. ADJ10443474 (DOI: 02/10/2015) (CA)
c) 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, et al., United States
District Court, Eastern District of California Case No. 2:20-cv-00832-JAM-CKD (CA)
d) Pending Litigation: Government Code §54956.9(a); one case; Best Supplement Guide,
LLC; Sean Covell, an individual, vs. Gavin Newsom, in his official capacity as the Governor
of California, et al., United States District Court, Eastern District of California Case No.
2:20-cv-00965-JAM-CKD (CA)
C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Action
A.Call to Order / Roll Call
1
Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council Members
participated in the meeting via teleconference and the meeting was available for viewing by the
public via livestream at https://www.facebook.com/CityofLodi/ and
https://zoom.us/j/94214942009?pwd=MkJNWWhVTk04N1h6MHlpeGNrOWVwUT09; the
opportunity for public comment was available through councilcomments@lodi.gov and
https://zoom.us/j/94214942009?pwd=MkJNWWhVTk04N1h6MHlpeGNrOWVwUT09.
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 City Clerk Cusmir
Mayor Pro Tempore Nakanishi 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, Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Noes: Council Member Mounce
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Claims were approved in the amount of $4,382,462.03.
The minutes of June 30, 2020 (Special Meeting), June 30, 2020 (Shirtsleeve Session), July 1,
2020 (Regular Meeting), July 7, 2020 (Shirtsleeve Session), and July 14, 2020 (Shirtsleeve
Session) were approved as written.
Approved plans and specifications and authorized advertisement for bids for Well 7 Electrical
Improvements.
B. Presentations –None
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 June 26, 2020 through July 16, 2020 in the Total Amount of
$4,382,462.03 (FIN)
C-2 Approve Minutes (CLK)
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Well 7
Electrical Improvements (PW)
C-4 Adopt Resolution Rejecting All Bids, Approving Specifications, Authorizing Re-
Advertisement for Bids, Authorizing City Manager to Award Contract to Lowest Responsive
Bidder for Lodi Avenue and Mills Avenue Resurfacing Project ($1,400,000), and
2
This item was pulled from the Consent Calendar for public comment and discussion.
James Castle, CPA, Chief Financial Officer, Central Valley Engineering & Asphalt, Inc., provided
comment via email (filed), requesting the City accept their bid as the responsive low bid and
award the project.
Public Works Director Charles Swimley discussed the findings of the review of the bidders'
Disadvantaged Business Enterprise (DBE) participation and explained that the staff
recommendation to reject all bids and re-advertise for bids is based on an investigation of the bid
results which found if the project were to be awarded a bid protest may result and/or federal
funding for the project could be jeopardized.
There was additional discussion regarding the impact of the changing weather to the project
schedule. City Manager Stephen Schwabauer elaborated on the possibility of losing federal
funding.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to adopt
Resolution No. 2020-171 rejecting all bids, approving specifications, authorizing re-advertisement
for bids, authorizing the City Manager to award contract to lowest responsive bidder for Lodi
Avenue and Mills Avenue Resurfacing Project, in an amount not to exceed $1,400,000, and
authorizing the City Manager to execute change orders, in an amount not to exceed $200,000.
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
The City Council held a ROLL CALL vote (all voiced their votes).
Adopted Resolution No. 2020-162 awarding contract for Stormwater Trash Collection Project -
Phase 1 (2020) to Soracco, Inc., of Lodi, in the amount of $223,870, and authorizing the
City Manager to execute change orders, in an amount not to exceed $50,000.
Adopted Resolution No. 2020-163 authorizing the purchase of ammunition from San Diego
Equipment Company, Inc., of San Diego, for use by the Police Department, in the amount of
$55,936.
Adopted Resolution No. 2020-164 authorizing the City Manager to waive bid process and
Authorizing City Manager to Execute Change Orders ($200,000) (PW)
C-5 Adopt Resolution Awarding Contract for Stormwater Trash Collection Project - Phase 1
(2020) to Soracco, Inc., of Lodi ($223,870), and Authorizing City Manager to Execute
Change Orders ($50,000) (PW)
C-6 Adopt Resolution Authorizing the Purchase of Ammunition from San Diego Equipment
Company, Inc., of San Diego, for Use by the Police Department ($55,936) (PD)
C-7 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Ultraviolet
Disinfection Parts from DC Frost Associates, Inc., of Walnut Creek, for White Slough
Water Pollution Control Facility ($94,583) (PW)
3
purchase ultraviolet disinfection parts from DC Frost Associates, Inc., of Walnut Creek, for White
Slough Water Pollution Control Facility, in the amount of $94,583.
Adopted Resolution No. 2020-165 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Fieldman, Rolapp & Associates, of Irvine, for municipal
advisory services, extending the contract for two years, and adding continuing disclosure
consulting services for all City debt issuances for a total not-to-exceed amount of $5,000 for the
added services.
Adopted Resolution No. 2020-166 authorizing the City Manager to execute a Memorandum of
Understanding between the City of Lodi, Mokelumne Rural Fire District, and Liberty Fire District
for the purpose of receiving, administering, and accounting of the California Office of Traffic
Safety grant funds to support regional collision response and extrication improvement.
Adopted Resolution No. 2020-167 authorizing the City Manager to execute Task Order No. 49
with West Yost & Associates, Inc., of Davis, for regulatory engineering services at White Slough
Water Pollution Control Facility, in the amount of $193,700.
Adopted Resolution No. 2020-168 authorizing the Police Chief to accept grant and execute
contract administered by the Department of Alcoholic Beverage Control, and appropriate funds in
the amount of $60,417.
Adopted Resolution No. 2020-169 authorizing the City Manager to execute a Memorandum of
Agreement between the City of Lodi and the County of San Joaquin regarding participation in the
San Joaquin County Unified Mass Notification System.
C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the
Professional Services Agreement with Fieldman, Rolapp & Associates, of Irvine, for
Municipal Advisory Services, Extending the Contract for Two Years, and Adding
Continuing Disclosure Consulting Services for All City Debt Issuances for a Total Not to
Exceed Amount of $5,000 for the Added Services (CM)
C-9 Adopt Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding Between the City of Lodi, Mokelumne Rural Fire District, and Liberty Fire
District for the Purpose of Receiving, Administering, and Accounting of the California Office
of Traffic Safety Grant Funds to Support Regional Collision Response and Extrication
Improvement (FD)
C-10 Adopt Resolution Authorizing City Manager to Execute Task Order No. 49 with West Yost
& Associates, Inc., of Davis, for Regulatory Engineering Services at White Slough Water
Pollution Control Facility ($193,700) (PW)
C-11 Adopt Resolution Authorizing Police Chief to Accept Grant and Execute Contract
Administered by the Department of Alcoholic Beverage Control, and Appropriate Funds
($60,417) (PD)
C-12 Adopt Resolution Authorizing the City Manager to Execute a Memorandum of Agreement
Between the City of Lodi and the County of San Joaquin Regarding Participation in the
San Joaquin County Unified Mass Notification System (FD)
C-13 Adopt Resolution Authorizing City Manager to Execute Lease of City Property Located at
111 North Stockton Street (PW)
4
Adopted Resolution No. 2020-170 authorizing the City Manager to execute lease of City Property
located at 111 North Stockton Street.
Accepted improvements under contract for White Slough Water Pollution Control Facility 2017
Irrigation System Improvements Project.
This item was pulled from the Consent Calendar at the request of Council Member Mounce for
discussion.
Council Member Mounce asked why there is a vacancy on the Lodi Improvement Committee,
inquired as to whether or not there are problems with the committee and questioned as to
whether or not the Committee should be disbanded.
City Manager Schwabauer stated that one member did move out of the area and Council Member
Mounce requested staff provide additional information as to the reasons for the other vacancies.
Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to direct
the City Clerk to post for the following vacancy:
Lodi Improvement Committee
Alfredo Almazan Term to expire March 1, 2022
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
The City Council held a ROLL CALL vote (all voiced their votes).
Mayor Kuehne called for a recess of the Regular Meeting at 7:25 p.m and called to order the City
Council Special Meeting at 7:25 p.m. The Special Meeting of the City Council adjourned at
7:32 p.m. and the Regular Meeting reconvened at 7:32 p.m.
Kenneth Huntley provided public comment via email (filed) regarding negative comments on
social media about residents of the City of Stockton and asking for solutions to promote unity
between the cities of Lodi and Stockton.
Jim Casey provided public comment via email (filed) regarding a proposal for a permanent
homeless facility near the American Legion Building and requesting more information about the
City's intentions and the proposal.
C-14 Accept Improvements Under Contract for White Slough Water Pollution Control Facility
2017 Irrigation System Improvements Project (PW)
C-15 Post for Vacancy on Lodi Improvement Committee (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
5
Spencer Rhodes provided public comment via email (filed) regarding a proposed permanent
homeless facility at the Armory/Chapman Park reported by the Lodi News Sentinel and asking the
City to consider a different location.
Kathy Davis provided public comment via email (filed) regarding housing the homeless at the
Armory/Chapman Park and requesting the City not select that location.
Arlene Baker provided public comment via email (filed) regarding the homeless being housed by
the American Legion Building or the Armory and requesting a location on the outskirts of the City
be selected instead.
Debbie Kackley provided public comment via email (filed) regarding not being in favor of housing
the homeless at the Armory.
Merlin Dais provided public comment via email (filed) regarding not being in favor of housing the
homeless at the Armory/Chapman Park.
Amanda Lee provided public comment via email (filed) strongly supporting the City's plans to
create a low-bar homeless shelter but not at the Armory/Chapman Park.
Mayor Kuehne stated that he does not believe the homeless situation will get any better for any
cities due to decisions made by Governor Newsom to release prisoners.
Council Member Mounce believes prison releases have led to the increase of the homeless and
poor decisions made by the State legislators to release more prisoners rather than build more
prisons. Council Member Mounce noted that the public commenting were against using the
Armory as a location for a shelter.
Council Member Mounce reported that she has continued meeting with the San Joaquin
Partnership via Zoom and the group is continuing to make headway.
Mayor Pro Tempore Nakanishi stated the problem of homelessness and COVID-19 will be with
the City for years to come and spoke about how one problem attributes to the other. Mayor Pro
Tempore Nakanishi highlighted some of the actions taken by the City to help address the
problems caused by the homeless. Mayor Pro Tempore Nakanishi discussed the importance of
social distancing and washing hands in the prevention of COVID-19 and reviewed some of the
statistics from the County.
Council Member Chandler noted that the public comments were addressing what is a concept
and not a proposal and he thinks all of the concepts require vetting. Council Member Chandler
stated that there may never be a perfect location, but action needs to be taken.
City Manager Schwabauer stated that the City Council did give staff direction to explore the
concept of a low-bar/no-bar shelter for the homeless and staff has started that process. Staff is
doing its due diligence in exploring all options to bring to Council to be publicly discussed. There
has been no location selected and there will be a public process to consider a location. City
Manager Schwabauer stated that he shares many of the concerns of the public who provided
comment and discussed the options legally available to the City. He also noted that there is a lot
more work to complete other than vetting a location, such as securing funding.
E.Comments by the City Council Members on Non-Agenda Items
F. Comments by the City Manager on Non-Agenda Items
6
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 declaring results of the majority protest proceedings and renewing the Lodi Tourism
Business Improvement District (LTBID).
Astrida Trupovnieks presentation regarding the last step of the approval process associated with
the Lodi Business Improvement District. Carson Lambeth with Civitas and Nancy Beckman with
Visit Lodi! were present to address questions from the Council. Nancy Beckman spoke about the
business recovery effort that will be led by Visit Lodi! and the importance of the business district
being renewed.
City Manager Schwabauer explained that the fee is a self-assessed fee that funds marketing
efforts, which is not paid for by Lodi residents unless they happen to be lodging in Lodi hotels.
City Clerk Jennifer Cusmir declared that the City Clerk's Office received no votes in opposition.
Mayor Kuehne opened the public hearing for public comment.
There being no public comments, Mayor Kuehne closed the public hearing.
Council Member Chandler made a motion, second by Mayor Kuehne, to adopt Resolution
No. 2020-172 declaring results of the majority protest proceedings and renewing the Lodi
Tourism Business Improvement District (LTBID).
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).
Council Member Mounce made a motion, second by Council Member Chandler, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1978 entitled, “An Uncodified Ordinance of the City Council of the City of Lodi
Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District
No. 2007-1 (Public Services) (Annexation No. 10)," which was introduced at a regular meeting of
G. Public Hearings
G-1 Public Hearing to Consider Adopting Resolution Declaring Results of the Majority Protest
Proceedings and Renewing the Lodi Tourism Business Improvement District (LTBID) (CM)
H.Regular Calendar –None
I.Ordinances
I-1 Adopt Ordinance No. 1978 Entitled, “An Uncodified Ordinance of the City Council of the
City of Lodi Levying and Apportioning the Special Tax in Territory Annexed to Community
Facilities District No. 2007-1 (Public Services) (Annexation No. 10)” (CLK)
7
the Lodi City Council held July 15, 2020.
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).
There being no further business to come before the City Council, the meeting was adjourned
at 8:14 p.m., in honor and remembrance of Wendel Kiser, local businessman and former member
of the Planning Commission and the Site Plan and Architectural Review Committee.
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
8