HomeMy WebLinkAboutMinutes - October 6, 2021LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 6, 2021
The City Council Closed Session meeting of October 6, 2021, was called to order by
Mayor Nakanishi at 7:05 p.m.
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 adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 7:01 p.m.
At 7:05 p.m., Mayor Nakanishi reconvened the City Council meeting, 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 Lodi City Mid-Management
Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers,
Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional
Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers,
Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed
Employees Pursuant to Government Code §54957.6, direction was provided to staff by Council.
There is no further action to report.
The Regular City Council meeting of October 6, 2021, was called to order by Mayor Nakanishi
at 7:05 p.m.
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
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 Lodi City Mid-Management Association,
AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi
Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional
Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers,
Confidential General Services, Confidential Mid-Managers, Executive Managers, and
Appointed Employees Pursuant to Government Code §54957.6 (CM)
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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Mayor Nakanishi presented a proclamation to Fire Chief Johnson proclaiming October 3-9, 2021
as Fire Prevention Week in Lodi.
Mayor Nakanishi presented a proclamation to Electric Utility Department Senior Administrative
Clerk Jennifer Whiteman proclaiming October 3-9, 2021 as Public Power Week in Lodi.
Mayor Nakanishi presented a proclamation to Kathleen Ellis, Diane Avery-Kaufmna, and Pastor
Nelson Rabell recognizing the work of the community organization A New Lodi.
Mayor Nakanishi recognized Mayor Pro Tempore Mark Chandler, the 2021 recipient of the
Northern California Power Agency Spirit of Power Award.
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 $5,105,439.55.
The minutes of September 7, 2021 (Shirtsleeve Session) and September 14, 2021 (Shirtsleeve
Session) were approved as written.
B. Presentations
B-1 Fire Prevention Week Proclamation (FD)
B-2 Public Power Week Proclamation (EU)
B-3 A New Lodi Proclamation (CLK)
B-4 Recognition of Mayor Pro Tempore Mark Chandler –NCPA Spirit of Power Award (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 Notice at the beginning
of this agenda.
C-1 Receive Register of Claims for August 27, 2021 through September 16, 2021 in the Total
Amount of $5,105,439.55 (FIN)
C-2 Approve Minutes (CLK)
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Adopted Resolution No. 2021-268 approving the purchase of Dell ProSupport from Dell, Inc., of
Austin, Texas, in the amount of $68,000.
Accepted the improvements under the contract for 2021 Downtown Concrete Cleaning.
Accepted the improvements under the contract for the 2020 Grape Bowl Handrail Improvement
Project.
Accepted the improvements under the contract for Hutchins Street Square, Crete Hall Flooring
Replacement.
Adopted Resolution No. 2021-269 ratifying expenses, authorizing the City Manager to execute
Change Order No. 3, and accepting the improvements under the contract for Central Plume
PCE/TCE Groundwater and Soil Vapor Extraction System Decommissioning and Removal.
Adopted Resolution No. 2021-270 authorizing the City Manager to execute a Professional
Services Agreement with WMB Architects, of Stockton, for Transit Station building repair design
services in the amount of $35,770.
Made the following appointment and directed the City Clerk to post for the following vacancy:
APPOINTMENT:
Lodi Senior Citizens' Commission
Marjory Schrenk - Term to expire December 31, 2023
POSTING:
Greater Lodi Area Youth Commission -Adult Advisor
Andrew Manies - Term to expire May 31, 2024
C-3 Adopt Resolution Approving Purchase of Dell ProSupport from Dell, Inc., of Austin, Texas
($68,000) (IT)
C-4 Accept Improvements Under Contract for 2021 Downtown Concrete Cleaning (PW)
C-5 Accept Improvements Under Contract for 2020 Grape Bowl Handrail Improvement Project
(PW)
C-6 Accept Improvements Under Contract for Hutchins Street Square, Crete Hall Flooring
Replacement (PW)
C-7 Adopt Resolution Ratifying Expenses, Authorizing City Manager to Execute Change Order
No. 3, and Accepting Improvements under Contract for Central Plume PCE/TCE
Groundwater and Soil Vapor Extraction System Decommissioning and Removal (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with WMB Architects, of Stockton, for Transit Station Building Repair Design Services
($35,770) (PW)
C-9 Appoint Marjory Schrenk to Lodi Senior Citizens Commission and Post for Vacancy on
Greater Lodi Area Youth Commission –Adult Advisor (CLK)
C-10 Adopt Resolution Approving City of Lodi Pay Schedule Dated October 6, 2021 (HR)
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Adopted Resolution No. 2021-271 approving the City of Lodi pay schedule dated October 6,
2021.
Adopted Resolution No. 2021-272 authorizing the City Manager to execute a Professional
Services Agreement with Petralogix Engineering, of Galt, for Lodi Police Department training
facility design in the amount of $347,440.
This item was pulled from the Consent Calendar by staff for additional discussion. Mayor Pro
Tempore Chandler recused himself at the advice of the City Attorney due to a conflict of interest.
Mayor Nakanishi asked for public comment on Item C-12.
Lance (last name inaudible), a resident, provided public comment against the purchase of 710 N.
Sacramento Street for the ACCESS Center project.
Vern Vierra, a resident and local business owner, provided public comment
against the purchase of 710 N. Sacramento Street for the ACCESS Center project. Mr. Vierra
stated that he is concerned that no one in the City of Lodi has reached out to him regarding his
facility staying in the City.
Steve (last name illegible), a resident, provided public comment against the purchase of 710 N.
Sacramento Street for the ACCESS Center project.
Tom Burlington, a resident and business owner, provided pubic comment against the purchase of
710 N. Sacramento Street for the ACCESS Center project.
Stefan Sekula, a resident and business owner, provided public comment against the purchase of
710 N. Sacramento Street for the ACCESS Center project.
Eddie Ibrahim, a resident and business owner, provided public comment against the purchase of
710 N. Sacramento Street for the ACCESS Center project.
Jan Chandler, a resident, provided public comment against the purchase of 710 N. Sacramento
Street for the ACCESS Center project.
Robert Colarossi, a resident and business owner, provided public comment
against the purchase of 710 N. Sacramento Street for the ACCESS Center project.
Kristen Birthehistle, President and CEO of the United Way of San Joaquin County, provided
public comment via email in support of the purchase of 710 N. Sacramento Street for the
ACCESS Center project. City Clerk Cusmir read the comments into the record.
Council Member Kuehne stated that the concerns of the public was not falling on deaf ears and
C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Petralogix Engineering, of Galt, for Lodi Police Department Training Facility Design
($347,440) (PW)
C-12 Adopt Resolution Authorizing City Manager to Enter into Purchase Agreement and Such
Other Documents, Including Escrow Instructions, in a Form Acceptable to City Attorney to
Complete Purchase of Real Property from Lague Family, LLC, a California Limited Liability
Company, Property Owner of 710 North Sacramento Street (APN 041-18-009 and 041-19-
042) to Develop Lodi Access Center (Not to Exceed $2,200,000) (CD)
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spoke about the long process staff and the Council went through over the past year regarding the
selection of the ACCESS Center location. Mr. Kuehne spoke about the efforts made by local and
county organizations to try to address the City's homelessness issues. Mr. Kuehne spoke about
the conversations that he has had with the City Manager and Chief of Police regarding
management of the ACCESS Center and public safety concerns. Mr. Kuehne stated that he is not
in favor of the tiny homes project being part of the ACCESS Center project. Mr. Kuehne spoke
about the project's financial sustainability and the grant review process. Mr. Kuehne spoke about
how community members and organizations coming together is the most effective way to try to
help the homeless population.
Council Member Khan stated that there is no perfect location for the project, whether the project
goes on the east side or the west side of the City. Mr. Khan spoke about the benefits of having
the ACCESS Center and how the community will benefit.
Council Member Hothi spoke about the site selection process, noting that given the sites
presented as options, the Sacramento Street location was the most fitting.
Public Comment was reopened.
Jeff Bertch, a resident, provided public comment against the purchase of 710 N. Sacramento
Street for the ACCESS Center project.
Lisa Kauffroath, a resident, provided public comment against the purchase of 710 N. Sacramento
Street for the ACCESS Center project.
Amar Patel, a resident and business owner, provided public comment against the purchase of
710 N. Sacramento Street for the ACCESS Center project.
Mayor Nakanishi spoke about the history of the Continuum of Care, fund raising for projects, and
the work being done to address the homelessness problem in the City. Mayor Nakanishi stated
that businesses in the vicinity of the Sacramento Street location are against the ACCESS Center
being built on Sacramento Street and he is in support of finding a City-owned property for the
project site.
City Manager Schwabauer spoke about the levels of protection that will be put in place to address
the secondary impacts of the ACCESS Center to the surrounding area.
Council Member Hothi made a motion, second by Council Member Kuehne, to adopt Resolution
No. 2021-273 authorizing the City Manager to enter into a Purchase Agreement and such other
documents, including escrow instructions, in a form acceptable to the City Attorney to complete
the purchase of real property from Lague Family, LLC, a California Limited Liability Company,
property owner of 710 North Sacramento Street (APN 041-18-009 and 041-19-042) to develop
the Lodi Access Center, in an amount not to exceed $2,200,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, and Council Member Kuehne
Noes: Mayor Nakanishi
Recusals: Mayor Pro Tempore Chandler
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
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Adopted Resolution No. 2021-274 accepting Homeless Housing, Assistance, and Prevention
(HHAP) grant and appropriating grant funds in the amount of $400,000.
A Lodi resident, name not given, provided public comment against vaccine mandates.
Council Member Khan asked about street lighting on the east side of Lodi. City Manager
Schwabauer stated that staff will provide a presentation identifying streets without street lighting,
cost estimates for installation, and background information on neighborhoods that have expressly
declined street lighting.
Council Member Khan invited the City Council to attend the Cricket banquet on Friday, October 8.
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 Nakanishi called for the public hearing to consider the
recommendation of the Planning Commission to introduce an ordinance amending development
standards for hotels on two parcels for Reynolds Ranch PD (39).
Community Development Director John Della Monica provided a PowerPoint presentation
regarding the proposed ordinance amendment to Reynolds Ranch PD 39. Specific topics of
discussion included proposed ordinance amendment in regard to floor-to-area ratio and maximum
height, affected parcels, aerial photo, existing Fairfield Inn, approved Residence Inn, and staff
recommendation.
Community Development Director Della Monica responding to questions asked by Council
Member Kuehne regarding the current and requested height requirements.
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 Mayor Pro Tempore Chandler, to introduce
Ordinance No. 1985 amending development standards for hotels on two parcels for Reynolds
Ranch PD (39).
C-13 Adopt Resolution Accepting Homeless Housing, Assistance, and Prevention (HHAP) Grant
and Appropriating Grant Funds ($400,000) (CD)
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
G-1 Public Hearing to Consider Recommendation of Planning Commission to Introduce
Ordinance Amending Development Standards for Hotels on Two Parcels for Reynolds
Ranch PD (39) (CD)
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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).
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding researching
the viability of electric scooters in Downtown. Specific topics of discussion included benefits and
liabilities of having electric scooters in Downtown.
Council Member Kuehne spoke against providing electric scooters in Lodi due to the width of the
downtown, narrow roadways, and limited parking.
David Claxton, a resident and business owner, provided public comment, via email, against
electric scooters in downtown Lodi. City Clerk Cusmir read the comment into the record.
Kyle Jasperson, a resident, provided public comment, via email, against electric scooters in
downtown Lodi. City Clerk Cusmir read the comment into the record.
Dave Kirsten, a resident, provided public comment, via email, against electric scooters in
downtown Lodi. City Clerk Cusmir read the comment into the record.
Council Member Hothi spoke in favor of staff conducting further research into the addition of
electric scooters.
Mayor Pro Tempore Chandler stated that electric scooters are not appropriate for downtown and
does not want staff to spend time on the idea.
Mayor Nakanishi stated that he is against electric scooters downtown and does not want staff
spending time doing any further research on the matter.
Electric Utility Director Jeff Berkheimer provided a presentation regarding the temporary increase
to the City Manager's contract authority to address supply chain challenges. Specific topics of
discussion included the supply chain issues that are impacting the inventory the Electric Utility
Department uses, the current process of purchasing supplies when the cost exceeds $20,000,
H.Regular Calendar
H-1 Receive Council Feedback Regarding Investment of Staff Time to Conduct Research on
Viability of Electric Scooters in Downtown Lodi (PW)
H-2 Introduce Ordinance Amending Lodi Municipal Code Title 2 –Administration and
Personnel –Chapter 2.12, “City Manager,” by Repealing and Reenacting Section 2.12.060
(T) Temporarily Authorizing Increase to City Manager Contract Authority to Maximum
Amount of $250,000 Per Transaction for Lodi Electric Utility Inventory Items to Address
Supply Chain Challenges; and Adopt Resolution Authorizing City Manager to Make
Purchases for Lodi Electric Utility Inventory Items up to $250,000 per Transaction with
Subsequent City Council Ratification Prior Effective Date of Proposed Ordinance (EU)
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and how the inefficiencies in the process affect potential cost-savings, relationships with vendors,
and the ability to secure supplies.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to introduce
Ordinance No. 1986 amending Lodi Municipal Code Title 2 - Administration and Personnel -
Chapter 2.12, "City Manager," by repealing and reenacting Section 2.12.060(T) temporarily
authorizing an increase to the City Manager contract authority to a maximum amount of $250,000
per transaction for Lodi Electric Utility inventory items to address supply chain challenges; and
adopt Resolution No. 2021-275 authorizing the City Manager to make purchases for Lodi Electric
Utility inventory items up to $250,000 per transaction with subsequent City Council ratification
prior to effective date of proposed ordinance.
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).
Deputy City Manager Andrew Keys provided a presentation regarding revisions to the City Clerk's
employment contract. Mr. Keys explained that the resolution being considered by the City
Council would provide the City Clerk position the same compensation package as the existing
executive staff and appointed staff. Mr. Keys also stated that the proposed increase would bring
the City Clerk position closer to the industry median.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt
Resolution No. 2021-276 approving revisions to the City Clerk's employment contract amending
compensation and confirming an increase to employee's contribution of employer's normal
contribution of CalPERS (cost-sharing).
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 Manager Steve Schwabauer requested Council direction on whether or not the Council
would like a process to be involved in subdivision design.
H-3 Adopt Resolution Approving Revisions to City Clerk’s Employment Contract Amending
Compensation and Confirming Increase to Employee’s Contribution of Employer’s Normal
Contribution of CalPERS (Cost-Sharing) (HR)
H-4 Receive Direction Regarding City Council Involvement in Design Review of Subdivision
Projects (CD)
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Council Member Kuehne stated that he is in favor of the Council having an opportunity to review
developments.
Mayor Pro Tempore Chandler stated that he is not in favor of the Council reviewing projects prior
to the projects being reviewed by SPARC and the Planning Commission. Mayor Nakanishi
agreed with Mayor Pro Tempore Chandler and spoke about the fairness of the current process
and the importance of avoiding influence on development by individual City Council Members.
Council Member Hothi stated that he is in favor of the Council having an opportunity to review
developments.
Council Member Khan stated that he is is favor of the Council having an opportunity to review
developments.
Mayor Pro Tempore Chandler noted that Council Members do have the opportunity to attend
SPARC and Planning Commission meetings.
City Manager Schwabauer spoke about how additional review may slow development and
described the authority Council would have to change elements of developments versus the
changes the Council is prohibited or limited from making.
Council Member Kuehne spoke about the importance of the City Council having the opportunity
to apply conditions on developments.
City Manager Schwabauer provided background on the development of the City's growth
management allocation ordinance and how the current process was established.
Council Member Kuehne made a motion, second by Council Member Hothi, to direct staff to
develop a proposal to be considered by the City Council, updating the development review
process and allowing opportunity for City Council review of proposed developments.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, and Council Member Kuehne
Noes: Mayor Pro Tempore Chandler, and Mayor Nakanishi
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1884 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 13 - Public Services, Chapter 13.20, 'Electrical Service,' by Enacting Section
13.20.231, 'Schedule LD - Outdoor Dusk-to-Dawn Lighting (LED),' in Its Entirety," which was
introduced at a regular meeting of the Lodi City Council held September 15, 2021.
I.Ordinances
I-1 Adopt Ordinance No. 1984 Entitled, “An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 13 –Public Services, Chapter 13.20, "Electrical Service" by Enacting
Section 13.20.231, “Schedule LD -Outdoor Dusk-to-Dawn Lighting (LED) in Its
Entirety” (CLK)
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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 9:28 p.m.
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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