HomeMy WebLinkAboutMinutes - October 20, 2021LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 20, 2021
The City Council Closed Session meeting of October 20, 2021, was called to order by
Mayor Nakanishi at 7:07 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
matter. The Closed Session adjourned at 7:02 p.m.
At 7:07 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 20, 2021, was called to order by Mayor Nakanishi
at 7:07 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 proclaiming November 1, 2021, as Extra Mile Day in
the City of Lodi.
Mayor Nakanishi presented a proclamation to City of Lodi Watershed Program Coordinator Kathy
Grant and Bonner Mendez, Secretary of the Clarence Albert Webster Foundation, in recognition
of the C.A. Webster Foundation's support of the City of Lodi's Watershed Education Program.
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 $6,886,946.12.
The minutes of September 21, 2021 (Shirtsleeve Session), September 28, 2021 (Shirtsleeve
Session), and September 28, 2021 (Special Meeting) were approved as written.
Received quarterly report on use of Federal American Rescue Plan Act of 2021 Block Grant
funding.
B. Presentations
B-1 Extra Mile Day Proclamation (CLK)
B-2 Proclamation in Recognition of C.A. Webster Foundation for Support of City of Lodi’s
Watershed Education Program (PW)
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 September 17, 2021 through September 30, 2021 in the
Total Amount of $6,886,946.12 (FIN)
C-2 Approve Minutes (CLK)
C-3 Receive Quarterly Report on Use of Federal American Rescue Plan Act of 2021 Block
Grant Funding (FIN)
C-4 Receive Report on Sale of Surplus Quantar 509CLF1646 Radio Transmitter to City of
Tracy ($500) (IT)
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Received report on sale of surplus Quantar 509CLF1646 radio transmitter to City of Tracy, in the
amount of $500.
Approved plans and specifications and authorized advertisement for bids for Lodi Lake Riverbank
Stabilization Project.
Approved plans and specifications and authorized advertisement for bids for Laurel Avenue
Storm Drainage Improvements.
Adopted Resolution No. 2021-277 authorizing the purchase of ammunition from San Diego
Equipment Company, Inc., of San Diego, for use by the Police Department, in the amount of
$53,389.
Adopted Resolution No. 2021-278 approving the purchase of Dell PowerEdge MX7000 Chassis,
PowerEdge MX740C Blade Servers, Windows Server 2019 Datacenter Operating System and
five years of Dell ProSupport from Ahead, Inc., of Chicago, Illinois, in the amount of $430,000.
Accepted the improvements under the contract for the Alley Improvement Project - Phase 8.
Adopted Resolution No. 2021-279 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Mobile Modular Management Corporation, of
Livermore, for temporary office space for the Lodi Electric Utility Facility Renovation Project, in
the amount of $47,684.40.
Adopted Resolution No. 2021-280 authorizing the City Manager to execute Amendment No. 4 to
extend the term of the Professional Services Agreement with Michael Baker International (MBI),
of Rancho Cordova, for Community Development Block Grant Administration/Housing Program
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Lodi Lake
Riverbank Stabilization Project (PW)
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Laurel Avenue
Storm Drainage Improvements (PW)
C-7 Adopt Resolution Authorizing Purchase of Ammunition from San Diego Equipment
Company, Inc., of San Diego, for Use by Police Department ($53,389) (PD)
C-8 Adopt Resolution Approving Purchase of Dell PowerEdge MX7000 Chassis, PowerEdge
MX740C Blade Servers, Windows Server 2019 Datacenter Operating System and Five
Years of Dell ProSupport from Ahead, Inc., of Chicago, Illinois ($430,000) (IT)
C-9 Accept Improvements Under Contract for Alley Improvement Project –Phase 8 (PW)
C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with Mobile Modular Management Corporation, of Livermore, for
Temporary Office Space for Lodi Electric Utility Facility Renovation Project ($47,684.40)
(PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to Extend Term
of Professional Services Agreement with Michael Baker International, of Rancho Cordova
(MBI), for Community Development Block Grant Administration/Housing Program Support
Services (Not to Exceed $150,508) (CD)
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supports services, in an amount not to exceed $150,508.
Adopted Resolution No. 2021-281 rescinding Resolution No. 2021-153 and authorizing the
City Manager to execute Amendment No. 2 (revised) to the Professional Services Agreement
with Telstar Instruments, of Concord, for Supervisory Control and Data Acquisition (SCADA) and
instrumentation maintenance.
This item was pulled at the request of City Council for additional discussion.
Council Member Kuehne described the project for the benefit of the meeting attendees.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt
Resolution No. 2021-282 authorizing the Public Works Director to execute a Cooperative
Agreement with the State of California for the proposed State Route 99/Turner Road Interchange
Improvements.
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).
Authorized the Public Works Director to execute Utility Agreement 10-3999.32 with California
Department of Transportation and authorized related payments for City utility adjustments to
facilitate Caltrans accessibility improvements at various locations along State Route 12.
Adopted Resolution No. 2021-283 approving Arts Grants for Fiscal Year 2021/2022.
Made the following appointment and directed the City Clerk to post for the following expiring
C-12 Adopt Resolution Rescinding Resolution No. 2021-153 and Authorizing City Manager to
Execute Amendment No. 2 (Revised) to Professional Services Agreement with Telstar
Instruments, of Concord, for Supervisory Control and Data Acquisition and Instrumentation
Maintenance (PW)
C-13 Adopt Resolution Authorizing Public Works Director to Execute Cooperative Agreement
with State of California for Proposed State Route 99/Turner Road Interchange
Improvements (PW)
C-14 Authorize Public Works Director to Execute Utility Agreement 10-3999.32 with California
Department of Transportation and Authorize Related Payments for City Utility Adjustments
to Facilitate Caltrans Accessibility Improvements at Various Locations along State Route
12 (PW)
C-15 Adopt Resolution Approving Arts Grants for Fiscal Year 2021/2022 (PRCS)
C-16 Appoint Lauren Bailey Caswell to Lodi Arts Commission and Post for Expiring Terms on
Lodi Senior Citizens Commission, Site Plan & Architectural Review Committee (SPARC),
and San Joaquin County Mosquito & Vector Control District (CLK)
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terms:
APPOINTMENT:
Lodi Arts Commission
Lauren B. Caswell - Term to expire July 1, 2022
POSTINGS:
Lodi Senior Citizens Commission
Jill Hernandez - Term to expire December 31, 2021
Pat Hill - Term to expire December 31, 2021
Site Plan & Architectural Review Committee
Lisa Craig - Term to expire January 1, 2022
San Joaquin County Mosquito & Vector Control District
Jack Fiori - Term to expire December 31, 2021
Adopted Resolution No. 2021-284 approving the creation and implementation of hiring bonus and
employee referral program for lateral Police Officer and Electric Lineman/Linewoman
recruitments.
This item was pulled from the Consent Calendar by staff for additional discussion.
Deputy City Manager Andrew Keys explained the workplace regulations dictated by the California
Department of Occupation Health and Safety (Cal OSHA) and how the requirements are affecting
the City staff and the City's ability to deliver services. Since the start of the pandemic, at least 223
different employees have had to quarantine on 266 different occasions for a total of 17,990 hours
of lost labor at a cost of $591,055 in lost wages to the City. Mr. Keys stated that staff is proposing
a $500 per employee Vaccine Incentive Program in an attempt to motivate more employees to
get vaccinated or verify their vaccination status to the City. The cost for this additional
compensation to employees will be offset by the City’s lost labor hours, as well as reduced
overtime to backfill for mandatorily quarantined employees and allow for better service to the
community.
City Manager Schwabauer answered questions asked by Mayor Pro Tempore Chandler
regarding the type of leave available for staff who are required to quarantine after being explored
to the COVID-19 virus and associated costs to the City.
Mayor Nakanishi spoke about the prior incentive programs that the City funded and their low
participation rate. Mayor Nakanishi also spoke about the efficacy of the vaccination.
Kenneth Wheeler, a resident, provided public comment. Mr. Wheeler spoke against vaccine
mandates and spoke about the reaction he had to a flu vaccine.
Pete Valdez, a resident, provided public comment regarding his inability to contact Mayor
Nakanishi and challenges he has had acquiring healthcare.
C-17 Adopt Resolution Approving Creation and Implementation of Hiring Bonus and Employee
Referral Program for Lateral Police Officer and Electric Lineman/Linewoman Recruitments
(HR)
C-18 Adopt Resolution Approving Creation and Implementation of COVID-19 Vaccination
Incentive Program for City of Lodi Full and Part Time Employees (CM)
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Jenny Miller, a resident, provided public comment via email against incentivizing vaccines. City
Clerk Cusmir read the email into the record.
There was additional discussion regarding program eligibility and the cost of the program versus
the cost savings of having additional staff vaccinated.
Council Member Kuehne spoke about his family's personal experience with COVID-19.
Council Member Khan spoke in favor of the program and against vaccine mandates.
Mayor Nakanishi spoke about how incentive programs were initiated by state governments and
their program success rates. Mayor Nakanishi also spoke about the vaccination rate among the
population increasing.
Council Member Hothi made a motion, second by Council Member Khan, to adopt a resolution
approving the creation and implementation of COVID-19 Vaccination Incentive Program for City
of Lodi full and part time employees.
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, to reconsider
the adoption of a resolution approving the creation and implementation of COVID-19 Vaccination
Program for City of Lodi full and part time employees.
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).
Mayor Nakanishi requested additional information regarding the net-zero cost of the program to
the City and more messaging clarifying that the program is not a vaccine mandate.
Mayor Pro Tempore Chandler noted that the COVID-19 infection rate in the state is decreasing.
Mr. Chandler stated that he would like additional information regarding the cost the City is
incurring following COVID-19 exposure and infection.
Council Member Kuehne stated that there is not enough information and statistics to approve the
program.
Council Member Hothi stated that he believed the program had support and voiced his support for
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the program.
Council Member Hothi made a motion to adopt a resolution approving the creation and
implementation of COVID-19 Vaccination Incentive Program for City of Lodi full and part time
employees. The motion failed for lack of a second.
Set a public hearing for November 3, 2021 to consider 2021 Growth Allocation for 12-unit
apartment complex at 620 South Central Avenue.
Set a public hearing for November 3, 2021 to consider an ordinance amending Section 17.36.130
of Lodi Municipal Code related to the City's Accessory Dwelling Unit and Junior Accessory
Dwelling Unit regulations.
Set a public hearing for November 17, 2021 to consider introducing an ordinance amending Lodi
Municipal Code Chapter 13.20 - Electric Service - Article III, "Rates," by repealing and reenacting
Section 13.20.315, "Schedule EDR - Economic Development Rates."
John Slaughterback, a resident, provided public comment regarding his concerns about the
homeless encampment under the overpass at Highway 99 and Turner Road.
Council Member Khan commended the work done by the Public Works crew cleaning up streets
and asked for an update on the Harmony Homes Project. Mr. Khan also asked if the City has
been successful recruiting a Traffic Engineer. Mr. Khan thanked Parks, Recreation, and Cultural
Services Director Jaromay for attending the cricket tournament event.
Public Works Director Swimley stated that he is expecting the department's new vehicle to be in
service in a few months and he is in the process of rehiring the City's former Traffic Engineer.
None.
C-19 Set Public Hearing for November 3, 2021 to Consider 2021 Growth Allocation for 12-Unit
Apartment Complex at 620 South Central Avenue (CD)
C-20 Set Public Hearing for November 3, 2021 to Consider Ordinance Amending Section
17.36.130 of Lodi Municipal Code Related to City’s Accessory Dwelling Unit and Junior
Accessory Dwelling Unit Regulations (CD)
C-21 Set Public Hearing for November 17, 2021 to Consider Introducing Ordinance Amending
Lodi Municipal Code Chapter 13.20 –Electric Service –Article III, “Rates,” by Repealing
and Reenacting Section 13.20.315, “Schedule EDR –Economic Development Rates” (EU)
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
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Steve Dutra, of Tree Lodi, provided a PowerPoint presentation regarding the Lodi Shade Tree
Pilot Project. Specific topics of discussion included collaboration between Tree Lodi and the City
of Lodi Electric Utility Department, program goals, eligibility, benefits of program to eligible
residents, process, Shade Tree Team, and contact information.
Deputy City Manager Andrew Keys provided a presentation regarding the side-letter agreement
amending the Memorandum of Understanding with the Lodi Professional Firefighters. Specific
topics of discussion included the CalPERS determination that the three percent incentive pay for
participation on one of the specialty teams within the Fire Department did not meet their definition
of reportable compensation, the side-letter agreement amending the Memorandum of
Understanding (MOU) between the City and the Lodi Professional Firefighters regarding the
incentive pay, and the proposed elimination of the separate incentive pay resulting in a three
percent increase to the base pay.
Mayor Pro Tempore Chandler made a motion, second by Council Member Hothi, to adopt
Resolution No. 2021-285 approving a side-letter agreement amending the Memorandum of
Understanding between the City of Lodi and the Lodi Professional Firefighters, regarding
incentive pay, retroactive to December 22, 2014.
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).
Electric Utility Director Jeff Berkheimer provided a presentation regarding the installation of
streetlights to serve unlit areas. Specific topics of discussion included the impacted areas of the
City that do not currently have street lights, the feasibility to provide street lighting, and the
estimate to provide street lighting of between $4M and $7M.
City Manager Schwabauer explained that the City undertook a large effort to provide street
lighting to the east side approximately 15 years ago and that work was funded through a utility
bond and explained why the estimate to provide street lighting currently is so much greater than
the past project. Mr. Schwabauer stated that there are also areas of the City that do not want
street lighting. Mr. Schwabauer also explained how street lighting infrastructure funding can be
obtained either through the General Fund or the formation of improvement districts.
Council Member Hothi spoke about the residents on Woodrow Street that are interested in the
installation of street lighting.
H-1 Tree Lodi Presentation (CLK)
H-2 Adopt Resolution Approving Side-Letter Agreement Amending Memorandum of
Understanding Between City of Lodi and Lodi Professional Firefighters, Regarding
Incentive Pay, Retroactive to December 22, 2014 (HR)
H-3 Receive Council Feedback Regarding Investment of Staff Time to Conduct Research and
Perform Detailed Design for Installation of Streetlights to Serve Unlit Areas (EU)
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Council Member Khan also spoke about the residents in his district that are interesting in street
lighting.
Mayor Nakanishi spoke in favor of the formation of utility assessment/improvement districts for
neighborhoods that are now interested in street lighting.
Council Member Kuehne stated that he would support the formation of utility
assessment/improvement districts and the City contributing partial funds toward street lighting.
Council directed staff to determine which neighborhoods are interested in street lighting and
prepare a more-detailed estimate for the Council to review.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1985 entitled, "An Ordinance of the Lodi City Council Amending Planned
Development No. 39 (Reynolds Ranch) to Establish Development Standards and Specific Height
Limits for Hotels on Two Parcels (058-660-21 and 058-650-32)," which was introduced at a
regular meeting of the Lodi City Council held October 6, 2021.
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).
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1986 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 2 - Administration and Personnel - Chapter 2.12, 'City Manager,' by Repealing and
Reenacting Section 2.12.060(T) Relating to Contract Authority of the City Manager for Lodi
Electric Utility Inventory Purchases," which was introduced at a regular meeting of the Lodi City
Council held October 6, 2021.
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
I. Ordinances
I-1 Ordinance No. 1985 Entitled, “An Ordinance of the Lodi City Council Amending Planned
Development No. 39 (Reynolds Ranch) to Establish Development Standards and Specific
Height Limits for Hotels on Two Parcels (058-660-21 and 058-650-32)” (CLK)
I-2 Ordinance No. 1986 Entitled, “An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 2 –Administration and Personnel –Chapter 2.12, ‘City Manager,’ by
Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority of the City
Manager for Lodi Electric Utility Inventory Purchases” (CLK)
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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 8:56 p.m.
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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