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HomeMy WebLinkAboutMinutes - December 2, 2020LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, DECEMBER 2, 2020 The City Council Closed Session meeting of December 2, 2020, was called to order by Mayor Kuehne at 6:32 p.m. Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council Members participated in the meeting via teleconference. Present: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir The Closed Session adjourned at 6:56 p.m. At 7:04 p.m., Mayor Kuehne called the Regular Meeting of the City Council to order, and City Attorney Magdich disclosed the following actions. Item C-2a) was Actual Litigation: Government Code Section 54956.9; Two Applications; David Locke v. City of Lodi, Workers’ Compensation, WCAB Case # ADJ11108219 (DOI: 11/12/2016), WCAB Case # ADJ12192931 (DOI: 4/13/2019) This item was discussion only. Staff took direction from Council on Item C-2(a). Item C-2b) was Prospective Acquisition of Real Property Located at 310 East Lodi Avenue, Lodi, California (APN 043-067-16); the Negotiating Parties are City Manager Stephen Schwabauer for the City of Lodi and Leigh Holmes and Jackleen Holmes; Government Code §54956.8 This item was discussion only. Staff took direction from Council on Item C-2(b). The Regular City Council meeting of December 2, 2020, was called to order by Mayor Kuehne at 7:04 p.m. C-1 Call to Order / Roll Call C-2 Announcement of Closed Session a)Actual Litigation: Government Code Section 54956.9; Two Applications; David Locke v. City of Lodi, Workers’ Compensation, WCAB Case # ADJ11108219 (DOI: 11/12/2016), WCAB Case # ADJ12192931 (DOI: 4/13/2019) b) Prospective Acquisition of Real Property Located at 310 East Lodi Avenue, Lodi, California (APN 043-067-16); the Negotiating Parties are City Manager Stephen Schwabauer for the City of Lodi and Leigh Holmes and Jackleen Holmes; Government Code §54956.8 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/97854687709?pwd=bEE3cy90K09WSzNMQWlsZFFNSlN6Zz09; the opportunity for public comment was available through councilcomments@lodi.gov and https://zoom.us/j/97854687709?pwd=bEE3cy90K09WSzNMQWlsZFFNSlN6Zz09. Present: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir City Manager Schwabauer provided a presentation in posthumous recognition of the service of Council Member Bob Johnson. Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, 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, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: Council Member Mounce ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). Claims were approved in the amount of $3,652,591.75. The minutes of November 17, 2020 (Shirtsleeve Session) and November 18, 2020 (Regular Meeting) were approved as written. Approved specifications and authorized advertisement for bids for 2020 Grape Bowl Handrail Improvement Project. B.Presentations B-1 Posthumous Recognition of Service of Council Member Bob Johnson (CLK) 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 October 30, 2020 through November 12, 2020 in the Amount of $3,652,591.75 (FIN) C-2 Approve Minutes (CLK) C-3 Approve Specifications and Authorize Advertisement for Bids for 2020 Grape Bowl Handrail Improvement Project (PW) 2 Adopted Resolution No. 2020-278 authorizing the Community Development Director to release a Request for Proposal for technical services related to updating City of Lodi Sphere of Influence. Adopted Resolution No. 2020-279 authorizing a vehicle replacement purchase and appropriating funds in the amount of $42,535.52. Adopted Resolution No. 2020-280 authorizing the purchase of Maintenance Connection annual licensing, support, and hosting fees for asset management software from Accruent, LLC, of Austin, Texas, in the amount of $27,278, and appropriating funds in the amount of $13,639. Adopted Resolution No. 2020-281 approving the purchase of additional training licenses from KnowBe4, Inc., of Clearwater, Florida, for security awareness training and simulated phishing platform, in the amount of $4,026.11. Adopted Resolution No. 2020-282 awarding the contract for Alley Improvement Project - Phase 8 (2020) to A. M. Stephens Construction Co., Inc., of Lodi, in the amount of $164,533, and authorizing the City Manager to execute change orders in an amount not to exceed $50,000. Accepted improvements under contract for 2020/2021 Pavement Resurfacing Project. Accepted improvements under contract for 2020 Pavement Maintenance Project and adopted Resolution No. 2020-283 appropriating funds in the amount of $16,350. Adopted Resolution No. 2020-284 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. C-4 Adopt Resolution Authorizing Community Development Director to Release a Request for Proposal for Technical Services Related to Updating City of Lodi Sphere of Influence (CD) C-5 Adopt Resolution Authorizing Vehicle Replacement Purchase and Appropriating Funds ($42,535.52) (PD) C-6 Adopt Resolution Authorizing Purchase of Maintenance Connection Annual Licensing, Support, and Hosting Fees for Asset Management Software from Accruent, LLC, of Austin, Texas ($27,278) and Appropriating Funds ($13,639) (PW) C-7 Adopt Resolution Approving Purchase of Additional Training Licenses from KnowBe4, Inc., of Clearwater, Florida, for Security Awareness Training and Simulated Phishing Platform ($4,026.11) (ISD) C-8 Adopt Resolution Awarding Contract for Alley Improvement Project –Phase 8 (2020) to A. M. Stephens Construction Co., Inc., of Lodi ($164,533) and Authorizing City Manager to Execute Change Orders ($50,000) (PW) C-9 Accept Improvements Under Contract for 2020/2021 Pavement Resurfacing Project (PW) C-10 Accept Improvements Under Contract for 2020 Pavement Maintenance Project and Adopt Resolution Appropriating Funds ($16,350) (PW) C-11 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) 3 Adopted Resolution No. 2020-285 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Safety-Kleen Systems, Inc., of Salida, for hazardous waste disposal, in the amount of $30,000. Adopted Resolution No. 2020-286 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with KONE, Inc., of Sacramento, for monthly inspection and maintenance services of elevators in City facilities. Adopted Resolution No. 2020-287 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for stormwater support services, in the amount of $136,270. Adopted Resolution No. 2020-288 authorizing the City Manager to execute Contract 20-SNR- 02347 for electric service base resource with United States Department of Energy Western Area Power Administration Sierra Nevada Region. Adopted Resolution No. 2020-289 authorizing the City Manager to execute a Professional Services Agreement with NBS, of Temecula, for tax rate analysis services, in the amount of $29,500, and appropriating funds in the amount of $29,500. Adopted Resolution No. 2020-290 authorizing the City Manager to execute one-year optional extension to the Professional Services Agreement with The Pun Group, LLP, of Santa Ana, for auditing services, in the amount of $82,192 for Fiscal Year 2020-21 audit and $331,964 for the life of the contract. C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Safety-Kleen Systems, Inc., of Salida, for Hazardous Waste Disposal ($30,000) (PW) C-13 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with KONE, Inc., of Sacramento, for Monthly Inspection and Maintenance Services of Elevators in City Facilities (PW) C-14 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for Stormwater Support Services ($136,270) (PW) C-15 Adopt Resolution Authorizing City Manager to Execute Contract 20-SNR-02347 for Electric Service Base Resource with United States Department of Energy Western Area Power Administration Sierra Nevada Region (EU) C-16 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with NBS, of Temecula, for Tax Rate Analysis Services ($29,500) and Appropriating Funds ($29,500) (ISD) C-17 Adopt Resolution Authorizing City Manager to Execute One-Year Optional Extension to Professional Services Agreement with The Pun Group, LLP, of Santa Ana, for Auditing Services ($82,192 for Fiscal Year 2020-21 Audit and $331,964 for Life of Contract) (ISD) C-18 Adopt Resolution Authorizing City Manager to Execute Cordicoshield Services Agreement for a Health and Wellness Application Subscription with Cordico, Inc., of Gold River ($20,000) (PD) 4 Adopted Resolution No. 2020-291 authorizing the City Manager to execute Cordicoshield Services Agreement for a health and wellness application subscription with Cordico, Inc., of Gold River, in the amount of $20,000. Adopted Resolution No. 2020-292 approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2019/20. Adopted Resolution No. 2020-293 approving Network Access and Acceptable Use Policy, and Code of Conduct for Managing Confidential Information. Adopted Resolution No. 2020-294 reaffirming the ratification of the City Manager's proclamation finding the continued existence of a local emergency and rendering certain emergency orders, including an increase related to the local emergency in the City Manager's contracting authority for services and goods to a maximum amount of $250,000 for the duration of the local emergency. There were no Public Comments on non-agenda items. Mayor Kuehne stated that the San Joaquin Housing Authority has received funds through the C.A.R.E.S. Act to increase the number of mainstream housing vouchers for non-elderly individuals with disabilities that are homeless or at risk of being homeless that the agency offers. There were no comments by the City Manager on non-agenda items. Vanessa Burke from the Pun Group, provided a PowerPoint presentation regarding the City's C-19 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2019/20 (FIN) C-20 Adopt Resolution Approving Network Access and Acceptable Use Policy, and Code of Conduct for Managing Confidential Information (ISD) C-21 Adopt Resolution Reaffirming the Ratification of the City Manager’s Proclamation Finding the Continued Existence of a Local Emergency and Rendering Certain Emergency Orders, Including an Increase Related to the Local Emergency in the City Manager’s Contracting Authority for Services and Goods to a Maximum Amount of $250,000 for the Duration of the Local Emergency (CA) 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. E. Comments by the City Council Members on Non-Agenda Items F. Comments by the City Manager on Non-Agenda Items G.Public Hearings –None H. Regular Calendar H-1 Receive and File City’s Comprehensive Annual Financial Report (Fiscal Year 2019/20) by The Pun Group and Agreed-Upon Procedures for the Gann Limit (ISD) 5 Comprehensive Annual Financial Report for Fiscal Year 2019/20. Specific topics of discussion included scope of work - Financial Statement audit, compliance audit, and agreed upon procedures; required communications (AU-C 260); audit responsibilities; management responsibilities; auditors' responsibilities; audit approach; audit result; overview of Financial Statements; Comprehensive Annual Financial Report; Summary Statement of Net Position; Summary Statement of Activities; General Fund Summary Balance Sheet; General Fund Summary Statement of Revenues, Expenditures and Changes in Fund Balance; key financial indicators and pension/OPEB information; sales tax; net cost of services to tax revenues; available fund balance to annual expenditures; GASB 68 - Pension Standard; GASB 75 - OPEB Standard; summary of findings and recommendations; and summary of unposted audit adjustments. Deputy Manager Keys explained that he and the Finance team monitor electric utility delinquencies weekly and monthly to track the impacts the delinquencies are having on revenues, in response to questions asked Council Member Chandler. Mayor Kuehne and Mayor Pro Tempore Nakanishi commended staff and members of the Pun Group on the diligent tracking of the budget and the clear and concise reporting. Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to receive and file the City's Comprehensive Annual Financial Report (Fiscal Year 2019/20) by The Pun Group and agreed-upon procedures for the Gann Limit. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: Council Member Mounce ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). Community Development Director John Della Monica and Community Development Block Grant Specialist Patrice Clemmons provided a PowerPoint presentation regarding the Harmony Homes project. Specific topics of discussion included background, housing options for unsheltered, escaping the cycle of homelessness, limited existing housing options, HEAP grant, Harmony Homes project, project goals, adjacent services, project history, site photographs of 301 East Lodi Avenue, planned development renderings, secured partnerships, community engagement, community feedback, and staff recommendation. Mayor Pro Tempore Nakanishi noted that people are in favor of the project but were not supportive of the locations that were recommended in the past. Mayor Kuehne spoke about the amount of work the Community Development staff has put into the Harmony Homes project. David Diskin, a resident and Chair of the Lodi Improvement Committee, provided public comment in support of the Harmony Homes Project. Mr. Diskin spoke about the survey and public outreach H-2 Adopt Resolution Approving Final Location for Harmony Homes Project and Authorizing City Manager to Execute Purchase Agreement in a Form Acceptable to City Attorney to Purchase Real Property Located at 301 East Lodi Avenue (APN 043-067-16) from Leigh Holmes and Jackleen Holmes to Develop Harmony Homes Project (CD) 6 that was conducted as part of the site selection process for the project. Mr. Diskin also spoke about the importance of the grant funding for the project staying in Lodi. Tom Hampson, Deacon, Episcopal Church of St. John the Baptist, provided public comment in support of the Harmony Homes project. Deacon Hampson spoke about the project presentation City staff gave to community members and urged the Council to support the project. Major Mark Thielenhaus, with the Salvation Army, provided public comment and stated the staff at the Salvation Army is supportive of the project. Kathryn Siddle, a resident, provided public comment in support of the Harmony Homes project and spoke about the canvassing process and the volunteers who canvassed the neighborhood surrounding the proposed project site. Ms. Siddle stated there were only two individuals contacted who did not support the project and everyone else that was contacted was in support of the project. The following individuals provided public comment in support of the Harmony Homes project: Peter Ackerman, Jarred Ditmore, Tom Hampson, Carol Royal, William Mitchell, Lavina Jackson, Suzanne Talbot, Vanessa Guerrero, Lusandra Vincent, Russ Hayward, Jeffrey Pell, Gordon Earl Schmierer Sr., Janice Roth, John Coughran, Martin Ross, Andy Pischalnikoff, John Ledbetter, Aleathea Langone, Barb Transon, Mary Holden, Nicole Goehring, and Katie L. Jan. City Clerk Cusmir read the emails into the record. Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to adopt Resolution No. 2020-295 approving the final location for the Harmony Homes Project and authorizing the City Manager to execute a Purchase Agreement in a form acceptable to the City Attorney to purchase real property located at 301 East Lodi Avenue (APN 043-067-16) from Leigh Holmes and Jackleen Holmes to develop the Harmony Homes Project. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: Council Member Mounce ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes). Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1980 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. 11) ," which was introduced at a regular meeting of the Lodi City Council held November 18, 2020. VOTE: The above motion carried by the following vote: I. Ordinances I-1 Ordinance No. 1980 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. 11)” (CLK) 7 Ayes: Council Member Chandler, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: Council Member Mounce 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 in memory of Joel Nichols at 8:55 p.m. J.Adjournment ATTEST: Jennifer Cusmir City Clerk 8