HomeMy WebLinkAboutMinutes - November 3, 2021LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 3, 2021
The City Council Closed Session meeting of November 3, 2021, was called to order by
Mayor Nakanishi at 6:20 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 6:20 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:52 p.m.
At 7:00 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. Council provided staff with direction and no
further action was taken on this item.
The Regular City Council meeting of November 3, 2021, was called to order by Mayor Nakanishi
at 7:00 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 Pro Tempore Chandler left the meeting at approximately 8:10 p.m.
Mayor Nakanishi presented a proclamation to Post #22 Commander, Jene Van Zant, Ann Scholl,
and the Post #22 Legionnaires, proclaiming November 2021 as Veterans and Military Families
Appreciation Month in the City of Lodi.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, 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 $3,857,220.04.
The minutes of September 15, 2021 (Regular Meeting), October 12, 2021 (Shirtsleeve Session),
and October 19, 2021 (Shirtsleeve Session) were approved as written.
Received the Fourth Quarter Fiscal Year 2020/21 Water, Wastewater and Electric Utility
Department financial reports.
Adopted Resolution No. 2021-286 approving the final Budget adjustments for Fiscal Year 2021
and appropriating funds in the amount of $142,075.19.
B. Presentations
B-1 Veterans and Military Families Appreciation Month Proclamation (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 October 1, 2021 through October 14, 2021 in the Total
Amount of $3,857,220.04 (FIN)
C-2 Approve Minutes (CLK)
C-3 Fourth Quarter Fiscal Year 2020/21 Water, Wastewater and Electric Utility Department
Financial Reports (FIN)
C-4 Adopt Resolution Approving Final Budget Adjustments for Fiscal Year 2021 and
Appropriating funds ($142,075.19) (FIN)
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Accepted the improvements under the contract for the 2021 Pavement Fog Seal.
Accepted the improvements under the contract for the Lodi Avenue and Mills Avenue Resurfacing
Project.
Adopted Resolution No. 2021-287 accepting the Public Improvements of Talavera Subdivision,
Tract No. 4025.
Adopted Resolution No. 2021-288 authorizing the City Manager to execute a Professional
Services Agreement with Robertson-Bryan, Inc., of Elk Grove, for aeration diffuser system
replacements at White Slough Water Pollution Control Facility, in the amount of $148,124.
This item was pulled at the request of staff.
Adopted Resolution No. 2021-290 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Univar USA, Inc., of Kent, Washington, for NSF/ANSI
61 grade salt supply at Surface Water Treatment Facility, in the amount of $24,000.
Adopted Resolution No. 2021-291 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Global Labs, Inc., of El Dorado Hills, for laboratory
services, in the amount of $100,000.
Adopted Resolution No. 2021-292 authorizing the City Manager to execute Amendment No. 1 to
the Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio,
for Citywide fire alarm system diagnostic and repair services, in the amount of $77,583.
C-5 Accept Improvements Under Contract for 2021 Pavement Fog Seal (PW)
C-6 Accept Improvements Under Contract for Lodi Avenue and Mills Avenue Resurfacing
Project (PW)
C-7 Adopt Resolution Accepting Public Improvements of Talavera Subdivision, Tract No. 4025
(PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Robertson-Bryan, Inc., of Elk Grove, for Aeration Diffuser System Replacements at
White Slough Water Pollution Control Facility ($148,124) (PW)
C-9 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Nutrien Ag Solutions, Inc., of Loveland, Colorado, for Land Application Area
Monitoring Agronomist Support ($59,760) (PW)
C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with Univar USA, Inc., of Kent, Washington, for NSF/ANSI 61 Grade
Salt Supply at Surface Water Treatment Facility ($24,000) (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with Global Labs, Inc., of El Dorado Hills, for Laboratory Services
($100,000) (PW)
C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional
Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for
Citywide Fire Alarm System Diagnostic and Repair ($77,583) (PW)
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Adopted Resolution No. 2021-293 authorizing the City Manager to extend the Professional
Services Agreement #6668 with Pre-Sort Center of Stockton, Inc., for print, fold, insert, postage
and mail services and increase pricing for paper stock, in the amount of $225,000.
Adopted Resolution No. 2021-294 authorizing the City Manager to execute a Reimbursement
Agreement with Encore Capital Group, Inc., for annexation entitlement processing and review of
various master plans for Vineyard Valley Project at 1890 East Harney Lane.
Adopted Resolution No. 2021-295 authorizing the City Manager to execute a Supplemental
Funding Agreement with Encore Housing Opportunity Fund III, LLC, a Delaware Limited
Partnership, qualified to do business in California, to pay its proportional benefit of costs related
to Sphere of Influence, Municipal Services review updates, and associated environmental review,
in the amount of $23,900.
Adopted Resolution No. 2021-296 authorizing the City Manager to execute a Supplemental
Funding Agreement with Miner Joaquin Building Corporation, a California Corporation, to pay its
proportional benefit of costs related to Sphere of Influence, Municipal Services review updates,
and associated environmental review, in the amount of $17,300.
Adopted Resolution No. 2021-297 authorizing the City Manager to execute a Supplemental
Funding Agreement with Maverik Stores, Inc., a Utah Corporation qualified to do business in
California, to pay its proportional benefit of costs related to Sphere of Influence, Municipal
Services review updates, and associated environmental review, in the amount of $12,000.
C-13 Adopt Resolution Authorizing City Manager to Extend Professional Services Agreement
#6668 with Pre-Sort Center of Stockton, Inc., for Print, Fold, Insert, Postage and Mail
Services and Increase Pricing for Paper Stock ($225,000) (FIN)
C-14 Adopt Resolution Authorizing City Manager to Execute Reimbursement Agreement with
Encore Capital Group, Inc., for Annexation Entitlement Processing and Review of Various
Master Plans for Vineyard Valley Project at 1890 East Harney Lane (PW)
C-15 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement
with Encore Housing Opportunity Fund III, LLC, a Delaware Limited Partnership, Qualified
to do Business in California, to Pay Its Proportional Benefit of Costs Related to Sphere of
Influence, Municipal Services Review Updates, and Associated Environmental Review
($23,900) (CD)
C-16 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement
with Miner Joaquin Building Corporation, a California Corporation, to Pay Its Proportional
Benefit of Costs Related to Sphere of Influence, Municipal Services Review Updates, and
Associated Environmental Review ($17,300) (CD)
C-17 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement
with Maverik Stores, Inc., a Utah Corporation Qualified to do Business in California, to Pay
Its Proportional Benefit of Costs Related to Sphere of Influence, Municipal Services
Review Updates, and Associated Environmental Review ($12,000) (CD)
C-18 Adopt Resolution Authorizing City Manager to Execute Letter of Consent Authorizing
Amtrak to Perform Accessibility Improvements on Portions of City Property Adjacent to
Railroad Right of Way (PW)
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Adopted Resolution No. 2021-298 authorizing the City Manager to execute a Letter of Consent
authorizing Amtrak to perform accessibility improvements on portions of City property adjacent to
railroad right of way.
Set a public hearing for November 17, 2021 to consider the recommendation of the Planning
Commission to introduce and waive first reading of an ordinance amending Lodi Municipal Code
Title 17 - Development Code - Article 3, "Site Planning and General Development Standards,"
Chapter 17.36, "Standards for Specific Land Uses," by adding Section 17.36.150, "Small Cell
Wireless Technology Facilities in Public Right-of-Way."
Kenneth Wheeler, a resident, provided public comment requesting the public be given an
opportunity to participate in the legislative process.
Valerie Maurice, a resident, provided public comment regarding flood damage her residence
sustained during the recent storm and asking that the City make improvements to the storm
system.
Jacob Neal, a resident, provided public comment requesting tennis courts be included in the Ed
DeBenedetti Park master plan.
Mr. Khan (first name inaudible), a resident, provided public comment regarding cars parked on
the street in his neighborhood that have expired tags and individuals in the neighborhood that
cause him to be concerned for his family's safety.
Gary Funamura, a resident, submitted public comment via email. Hard copies were provided to
the City Council.
Council Member Khan offered his condolences to the family of a young man who lost his life over
the Halloween weekend. Council Member Khan also suggested the public donate old blankets to
the homeless. Council Member Khan voiced his concerns about the condition of the motels on
Main Street.
Council Member Kuehne spoke about upcoming local community events.
City Manager Schwabauer spoke about the recent storm that impacted the region with
unprecedented rainfall.
Public Works Director Charlie Swimley spoke about the recent storm, the work that was being
managed by the Public Works, Electric Utility, Fire and Police Departments during the storm
C-19 Set Public Hearing for November 17, 2021 to Consider Recommendation of Planning
Commission to Introduce and Waive First Reading of Ordinance Amending Lodi Municipal
Code Title 17 –Development Code –Article 3, “Site Planning and General Development
Standards,” Chapter 17.36, “Standards for Specific Land Uses,” by Adding Section
17.36.150, “Small Cell Wireless Technology Facilities in Public Right-of-Way” (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
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event, and the condition of the storm system.
City Manager Schwabauer explained to the public in attendance that items not on the agenda
may not be discussed in detail at Council meetings, per the Brown Act. Mr. Schwabauer also
explained that the members of the City Council are not appointed, but rather elected by the
public.
Mayor Nakanishi noted that there are also laws governing how and when members of the City
Council may meet.
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 approving the Planning Commission's recommendation to authorize 12 High-Density
Residential Growth Management Allocations for a new apartment development at 620 South
Central Avenue.
Planner Eric Norris provided a PowerPoint presentation regarding the 620 South Central Avenue
Growth Allocation. Specific topics of discussion included proposed project, aerial photo, Growth
Allocation review, priority areas, maximum annual growth, total available allocations for 2021,
points system, Planning Commission recommendation, environmental analysis, CEQA review,
and recommended motion.
Mr. Norris explained that this project is not a shelter, but rather an affordable housing complex, in
response to a question asked by Council Member Khan.
City Manager Schwabauer spoke about how affordable, or low-cost, housing is managed.
Mr. Norris responded to questions asked by Council Member Khan regarding parking
requirements.
Mayor Pro Tempore Chandler and Council Member Khan voiced their support for the project.
Mayor Nakanishi opened the public hearing for public comment.
Jacob Neal, a resident, provided public comment and voiced his concerns regarding parking.
John Kautz, the project applicant, provided public comment in support of the project. Mr. Kautz
discussed the parking and the benefits of affordable housing developments.
Ramon Yepez, a resident, provided public comment against the location of the development,
stating apartments are only being built on the eastside and there will not be enough parking which
will lead to parking on the street, accidents, and an increase in crime.
There being no further public comments, Mayor Nakanishi closed the public hearing.
Mayor Nakanishi and City Manager Schwabauer discussed the project approval process, zoning
laws, and the development of private property.
G. Public Hearings
G-1 Public Hearing to Consider Adopting Resolution Approving Planning Commission’s
Recommendation to Authorize 12 High-Density Residential Growth Management
Allocations for a New Apartment Development at 620 South Central Avenue (CD)
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Council Member Kuehne spoke about the project approval process and noted that he is in
support of the project being considered.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to adopt
Resolution No. 2021-299 approving the Planning Commission's recommendation to authorize 12
High-Density Residential Growth Management Allocations for a new apartment development at
620 South Central 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).
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
introduction and waiving of the first reading of an ordinance amending Lodi Municipal Code Title
17 - Development Code - Article 3, "Site Planning and General Development Standards," Chapter
17.36, Standards for Specific Land Uses," by repealing and reenacting Lodi Municipal Code
Section 17.36.130 related to Accessory Dwelling Unit and Junior Accessory Dwelling Unit
regulations.
Planner Paul Junker provided a PowerPoint presentation regarding the proposed amendments to
the City's Accessory Dwelling Unit (ADU) regulations. Specific topics of discussion included
background, sample photo of ADU, sample photo of Junior Accessory Dwelling Unit (JADU),
intent of State law, proposed amendments, proposed regulations for ADUs, sample plan for 1,200
square-foot ADU, regulations for JADUs, significant amendments - parking, CEQA review, and
recommendation.
Mr. Junker answered questions asked by Council Member Kuehne regarding water and sewer
connections.
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 introduce and
waive first reading of Ordinance No. 1987 amending Lodi Municipal Code Title 17 - Development
Code - Article 3, "Site Planning and General Development Standards," Chapter 17.36, Standards
for Specific Land Uses," by repealing and reenacting Lodi Municipal Code Section 17.36.130
related to Accessory Dwelling Unit and Junior Accessory Dwelling Unit regulations.
G-2 Public Hearing to Introduce and Waive First Reading of Ordinance Amending Lodi
Municipal Code Title 17 –Development Code –Article 3, “Site Planning and General
Development Standards,” Chapter 17.36, Standards for Specific Land Uses,” by Repealing
and Reenacting Lodi Municipal Code Section 17.36.130 Related to Accessory Dwelling
Unit and Junior Accessory Dwelling Unit Regulations (CD)
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VOTE:
The above motion carried by the following vote:
Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, and Mayor
Nakanishi
Noes: None
Absent: Mayor Pro Tempore Chandler
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 8:37 p.m.
H. Regular Calendar –None
I. Ordinances –None
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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