HomeMy WebLinkAboutMinutes - June 2, 2021LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 2, 2021
The City Council Closed Session meeting of June 2, 2021, was called to order by
Mayor Nakanishi at 6:15 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 and the public portion of the meeting was available
for viewing by the public via livestream at https://www.facebook.com/CityofLodi/ and
https://zoom.us/s/98343457003?pwd=Vm14anRKUm9PWURFb0JnbThSWDFOdz09; the
opportunity for public comment was available through councilcomments@lodi.gov and
https://zoom.us/s/98343457003?pwd=Vm14anRKUm9PWURFb0JnbThSWDFOdz09.
Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir
At 6:15 p.m., Mayor Nakanishi called the Closed Session to discuss the above matters to order.
The Closed Session adjourned at 6:58 p.m.
At 7:04 p.m., Mayor Nakanishi called the City Council meeting to order, and City Attorney
Magdich disclosed the following actions.
In regard to Item C-2a), conference with Adele Post, Human Resources Manager, and Andrew
Keys, Deputy City Manager (Labor Negotiators), Regarding International Brotherhood of
Electrical Workers, Pursuant to Government Code §54957.6, the item was for discussion only
and no action was taken.
In regard to Item C-2b), conference with Legal Counsel – Exposure to Litigation – Significant
Exposure to Litigation Pursuant to Government Code §54956.9(e)(1); Shall Not Be Disclosed Due
to Facts and Circumstances Not Yet Known to Potential Plaintiffs, this item was for discussion
only and no action was taken.
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City
Manager (Labor Negotiators), Regarding International Brotherhood of Electrical Workers,
Pursuant to Government Code §54957.6 (CM)
b) Conference with Legal Counsel –Exposure to Litigation –Significant Exposure to
Litigation Pursuant to Government Code §54956.9(e)(1); Shall Not Be Disclosed Due to
Facts and Circumstances Not Yet Known to Potential Plaintiffs (CA)
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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The Regular City Council meeting of June 2, 2021, was called to order by Mayor Nakanishi
at 7:04 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 and the meeting was available for viewing by the
public via livestream at https://www.facebook.com/CityofLodi/ and
https://zoom.us/s/98343457003?pwd=Vm14anRKUm9PWURFb0JnbThSWDFOdz09; the
opportunity for public comment was available through councilcomments@lodi.gov and
https://zoom.us/s/98343457003?pwd=Vm14anRKUm9PWURFb0JnbThSWDFOdz09.
Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir
Council Member Kuehne made a motion, second by Mayor Pro Tempore 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 Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
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 $2,944,265.92.
The minutes of May 5, 2021 (Regular Meeting), May 11, 2021 (Shirtsleeve Session), and May 18,
2021 (Shirtsleeve Session) were approved as written.
Accepted the Quarterly Investment Report as required by the City of Lodi Investment Policy.
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 April 30, 2021 through May 13, 2021 in the Amount of
$2,944,265.92 (FIN)
C-2 Approve Minutes (CLK)
C-3 Accept the Quarterly Investment Report as Required by the City of Lodi Investment Policy
(FIN)
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Accepted Quarterly Report of Purchases between $10,000 and $20,000.
Adopted Resolution No. 2021-150 authorizing the City Manager to contract with Tree Lodi, a
California Non-Profit Corporation, to implement a two-year pilot residential shade tree program to
achieve State energy efficiency goals; and authorizing necessary appropriations and expenditure
of $71,500 for trees, materials and supplies, and other programming costs, including
administrative oversight, to be carried forward Into Fiscal Year 21-22.
Adopted Resolution No. 2021-151 authorizing the City Manager to execute additional change
orders to contract for Water Meter Program - Phase 8 with DSS Company dba Knife River
Construction, of Stockton, in the amount of $100,000 and appropriating funds in the amount of
$40,000.
This item was pulled for discussion.
Public Works Director Swimley stated that the water conservation advertising contract will meet
State requirements as well as help the City reach water customers to educate them about
conservation, in response to a question asked by Council Member Khan. Council Member Khan
suggested less expensive ways to advertise.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to adopt
Resolution No. 2021-152 authorizing the City Manager to execute a Professional Services
Agreement with Valley Outdoor Advertising, of Lodi, for water conservation advertising, in the
amount of $49,152.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: Council Member Khan
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
C-4 Accept Quarterly Report of Purchases between $10,000 and $20,000 (FIN)
C-5 Adopt Resolution Authorizing City Manager to Contract with Tree Lodi, a California Non-
Profit Corporation, to Implement Two-Year Pilot Residential Shade Tree Program to
Achieve State Energy Efficiency Goals; and Authorizing Necessary Appropriations and
Expenditure of $71,500 for Trees, Materials and Supplies, and Other Programming Costs
Including Administrative Oversight to be Carried Forward Into Fiscal Year 21-22 (EU)
C-6 Adopt Resolution Authorizing City Manager to Execute Additional Change Orders to Water
Meter Program - Phase 8 with DSS Company dba Knife River Construction, of Stockton
($100,000) and Appropriating Funds ($40,000) (PW)
C-7 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Valley Outdoor Advertising, of Lodi, for Water Conservation Advertising
($49,152) (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional
Services Agreement with Telstar Instruments, of Concord, for Supervisory Control and
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This item was pulled for discussion by a member of the public. The member of the public chose
not to comment on the item.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to adopt
Resolution No. 2021-153 authorizing the City Manager to execute Amendment No. 2 to the
Professional Services Agreement with Telstar Instruments, of Concord, for Supervisory Control
and Data Acquisition and instrumentation maintenance and integration services.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Adopted Resolution No. 2021-154 authorizing the City Manager to execute an Improvement
Deferral Agreement for 1600 North Guild Avenue.
Adopted Resolution No. 2021-155 authorizing the City Manager to execute an Improvement
Deferral Agreement for 508 West Lockeford Street.
This item was pulled at the request of staff.
This item was pulled at the request of staff.
Received a presentation and adopted Resolution No. 2021-156 authorizing the Chief of Police to
execute Inmate Communications Agreement with Network Communications International
Corporation, of Longview, Texas.
Data Acquisition and Instrumentation Maintenance and Integration Services (PW)
C-9 Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement
for 1600 North Guild Avenue (PW)
C-10 Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement
for 508 West Lockeford Street (PW)
C-11 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute
Improvement Agreement for Tienda Square Subdivision, Tract No. 4003 (PW)
C-12 Adopt Resolution Approving Final Map and authorizing the City Manager to execute
Improvement Agreement for Sunwest Commons Subdivision, Tract No. 4080 (PW)
C-13 Receive Presentation and Adopt Resolution Authorizing Chief of Police to Execute Inmate
Communications Agreement with Network Communications International Corporation, of
Longview, Texas (PD)
C-14 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
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Adopted Resolution No. 2021-157 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.
Made the following appointments:
Greater Lodi Area Youth Commission
Merit Onyekwere - Term to expire May 31, 2023
Benjamin Plath - Term to expire May 31, 2023
Elijah Plath - Term to expire May 31, 2023
Claire Selling - Term to expire May 31, 2023
Ella Waters - Term to expire May 31, 2022
Lodi Arts Commission
Nancy Ahlberg Mellor - Term to expire July 1, 2024
Kelli Perrault - Term to expire July 1, 2024
Parks and Recreation Commission
Larry Long - Term to expire June 30, 2025
Aaron VanNortwick - Term to expire June 30, 2025
Adopted Resolution No. 2021-158 approving participation and allocation of funding for Regional
Early Action Planning (REAP) grant funds awarded to San Joaquin Council of Governments
(SJCOG) on behalf of San Joaquin Valley Regional Early Action Planning Committee Member
Agencies; and authorizing Economic Development and Community Development to submit
concept proposal to request REAP grant funds as stipulated in Table 1 of SJCOG REAP Grant
Guidelines to support production of affordable housing and increase opportunities for low to
moderate income households to access quality affordable housing opportunities, including
homeownership.
Authority for Services and Goods to a Maximum Amount of $250,000 for the Duration of
the Local Emergency (CA)
C-15 Appoint Ella Waters, Claire Selling, Elijah Plath, Ben Plath, and Merit Onyekwere to the
Greater Lodi Area Youth Commission; Nancy Ahlberg Mellor and Kelli Perrault to the Lodi
Arts Commission; and Larry Long and Aaron VanNortwick to the Parks and Recreation
Commission (CLK)
C-16 Adopt Resolution Approving Participation and Allocation of Funding for Regional Early
Action Planning (REAP) Grant Funds Awarded to San Joaquin Council of Governments
(SJCOG) on Behalf of San Joaquin Valley Regional Early Action Planning Committee
Member Agencies; and Authorize Economic Development and Community Development to
Submit Concept Proposal to Request REAP Grant Funds as Stipulated in Table 1 of
SJCOG REAP Grant Guidelines to Support Production of Affordable Housing and Increase
Opportunities for Low to Moderate Income Households to Access Quality Affordable
Housing Opportunities Including Homeownership (CM/CD)
C-17 Ratification of Employment Agreement Entered into Between City Manager Stephen
Schwabauer and Christina Jaromay for Position of Parks, Recreation and Cultural
Services Director (CM)
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This item was pulled for discussion.
City Manager Schwabauer explained that there was a national search to fill the Parks,
Recreation, and Cultural Services Director position and the candidate selected is Christina
Jaromay. Mr. Schwabauer recommended the City Council approve Ms. Jaromay’s contract.
Ms. Jaromay introduced herself and spoke briefly about her background and previous work she
has done with the California State Parks Department.
Council Member Kuehne made a motion, second by Mayor Nakanishi, to ratify Employment
Agreement entered into between City Manager Stephen Schwabauer and Christina Jaromay for
position of Parks, Recreation and Cultural Services Director.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Adopted Resolution No. 2021-159 initiating proceedings for the levy and collection of
assessments, Resolution No. 2021-160 approving the Annual Report, and Resolution No. 2021-
161 declaring intention to levy and collect assessments for the Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1 for Fiscal Year 2021/22; and set public hearing for
July 7, 2021.
The Breakthrough Project for Social Justice submitted a public comment via email. City Clerk
Cusmir read the email into the record.
Mayor Pro Tempore Chandler congratulated the new Fire Chief Ken Johnson and spoke about
the Oath of Office ceremony.
Council Member Khan welcomed the new Fire Chief Ken Johnson and spoke about the Oath of
Office ceremony. Council Member Khan offered his condolences to the families that lost their
loved ones in Tracy.
None.
C-18 Adopt Resolution Initiating Proceedings for the Levy and Collection of Assessments,
Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and
Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment
District No. 2003-1 for Fiscal Year 2021/22; and Set Public Hearing for July 7, 2021 (PW)
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
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Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Nakanishi called for the public hearing to consider adopting a
resolution to vacate a 16.5-foot Public Utility Easement located at 2500, 2505, and 2506 Mayfair
Court and Lot A, Gateway North Unit No. 1, Tract 3940
Public Works Director Charlie Swimley provided a presentation regarding the Public Utility
Easement vacation. Specific topics of discussion included the easement's previous use and the
location of the easement.
Mayor Nakanishi opened the public hearing for public comment.
There being no public comments, Mayor Nakanishi closed the public hearing.
Public Works Director Swimley stated that a portion of the easement will become public right-of-
way and the other portion will be private property, in response to a question asked by Mayor Pro
Tempore Chandler.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt
Resolution No. 2021-162 to vacate a 16.5-foot Public Utility Easement located at 2500, 2505, and
2506 Mayfair Court and Lot A, Gateway North Unit No. 1, Tract 3940.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
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 Nakanishi called for the public hearing to consider adopting a
resolution to abandon two 10-foot Public Utility Easements located at 121 North Guild Avenue.
Public Works Director Charlie Swimley provided a presentation regarding the proposed Public
Utility Easements abandonment. Specific topics of discussion included the easement's previous
use and the location of the easement.
Mayor Nakanishi opened the public hearing for public comment.
There being no public comments, Mayor Nakanishi closed the public hearing.
Council Member Kuehne made a motion, second by Council Member Hothi, to adopt Resolution
G. Public Hearings
G-1 Public Hearing to Adopt Resolution to Vacate a 16.5-Foot Public Utility Easement Located
at 2500, 2505, and 2506 Mayfair Court and Lot A, Gateway North Unit 1, Tract 3940 (PW)
G-2 Public Hearing to Adopt Resolution to Abandon Two 10-Foot Public Utility Easements
Located at 121 North Guild Avenue (PW)
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No. 2021-163 to abandon two 10-foot Public Utility Easements located at 121 North Guild
Avenue.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
City Clerk Jennifer Cusmir provided a presentation regarding the redistricting process. Specific
topics of discussion included background information of the initial establishment of the City
Council Districts, a description of the types of Commissions that are allowed by law to provide
recommendations to Council on redistricting, and information regarding the upcoming redistricting
process.
Council Member Kuehne spoke about the process the City Council followed in 2018 and stated
he supports moving forward with the Council option.
City Clerk Cusmir stated that redistricting is required every ten years, following the federal census
and that the current City Council Districts may need to be adjusted based on the new census
data, in response to a question asked by Council Member Khan. City Manager Schwabauer
stated that the new districts need to be adopted prior to the 2022 election.
The City Council agreed to move forward with redistricting without appointing a Commission.
City Attorney Magdich spoke about the past public outreach the City hosted while initially forming
the City Council Districts.
Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding the financial
plan and budget. Specific topics of discussion included budget adoption; changes from draft
document, position requests, Capital Improvement Project (CIP) Program, all Funds
expenditures, and recommended action; General Fund assumptions, revenues, expenditures,
and key inputs; Measure L revenues and expenditures; Vehicle Replacement Fund; IT Network
Infrastructure Replacement Fund; five-year forecast assumptions, revenue, expenses, fund
balance, and risks/opportunities; Electric Utility overview, revenue highlights, expenditure
highlights, additions to CIP program, equipment and vehicle requests, and reserves; Water Utility
overview, revenue highlights, expenditure highlights, additions to CIP program, equipment and
vehicle requests and operating fund reserves; Wastewater Utility overview, revenue highlights,
expenditure highlights, additions to CIP program, equipment and vehicle requests, and operating
fund reserves; Transit overview, revenue highlights, expenditure highlights, additions to CIP
H. Regular Calendar
H-1 Provide Direction Regarding Redistricting Process (CLK)
H-2 Adopt Resolution Approving Fiscal Year 2021/22 Financial Plan and Budget; Approving
Fiscal Year 2021/22 Appropriation Spending Limit; Approving Job Specifications and
Salary Ranges for Three New Positions; Approving FY 2021/22 Investment Policy; and
Approving FY 2021/22 to 2022/23 Budget and Fiscal Policies (FIN)
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program, and equipment and vehicle requests; Street overview, revenue highlights, expenditure
highlights, additions to CIP program, and CIP five-year forecast; Community Development
Overview, revenue highlights, expenditure highlights, and key inputs; Library overview, revenue
highlights, expenditure highlights, and additional requests; Parks, Recreation and Cultural
Services (PRCS) revenue highlights, expenditure highlights, CIP allocation process, CIP five-year
forecast, Zupo Field project, and other key projects; General Fund Capital Outlay CIP five-year
forecast; Parks unfunded projects; additional Council CIP requests; and PRCS CIP details -
unfunded projects.
Deputy City Manager Keys explained that the expenditures of American Rescue Act funds are not
included in the budget due to timing issues, but the funds have been appropriated and will be
rolled over, in response to questions asked by Council Member Khan.
Public Works Director Swimley outlined the schedules for public works projects, in response to
questions asked by Council Member Khan.
City Manager Schwabauer addressed questions asked by Council Member Khan regarding ADA
compliance projects.
Mayor Pro Tempore Chandler made a motion, second by Council Member Hothi, to adopt
Resolution No. 2021-164 approving the Fiscal Year 2021/22 Financial Plan and Budget;
approving Fiscal Year 2021/22 Appropriation Spending Limit; approving job specifications and
salary ranges for three new positions; approving FY 2021/22 Investment Policy; and approving
FY 2021/22 to 2022/23 Budget and Fiscal Policies.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro
Tempore Chandler, and Mayor Nakanishi
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
8:09 p.m.
I. Ordinances - None
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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