HomeMy WebLinkAboutMinutes - November 17, 2021LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 17, 2021
The City Council Closed Session meeting of November 17, 2021, was called to order by
Mayor Nakanishi at 6:34 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 6:34 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 7:00 p.m.
At 7:06 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. City Council provided staff with direction
and there was no further action taken on this item.
In regard to Item C-2b), In Re National Prescription Opiate Litigation, MDL 2804, Case No. 1:17-
md-2804, United States District Court, Northern District of Ohio, Eastern Division. City Council
provided staff with direction and there was no further action taken on this item.
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)
b) In Re National Prescription Opiate Litigation, MDL 2804, Case No. 1:17-md-2804, United
States District Court, Northern District of Ohio, Eastern Division (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 November 17, 2021, was called to order by Mayor Nakanishi
at 7:06 p.m.
Present: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Absent: Council Member Hothi
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir
Mayor Nakanishi presented the Mayor's Community Service Award to Mr. Bill Meehleis and Mr.
Jim Murdaca.
Gage Canestrino, of Boys Scouts of America Troop 199, presented a PowerPoint presentation
regarding his Eagle Scout project, the Lodi Police Department Partners Memorial Garden.
Specific topics included planning, pictures of the project, labor and funds invested in the project,
and community support.
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 Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: None
Absent: Council Member Hothi
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Claims were approved in the amount of $2,492,131.32.
The minutes of October 5, 2021 (Shirtsleeve Session), October 6, 2021 (Regular Meeting),
October 26, 2021 (Shirtsleeve Session), November 2, 2021 (Shirtsleeve Session), and November
9, 2021 (Shirtsleeve Session) were approved as written.
B.Presentations
B-1 Mayor’s Community Service Award (CLK)
B-2 Partners Memorial Garden Eagle Scout Project Presentation (PD)
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 15, 2021 through October 28, 2021 in the Total
Amount of $2,492,131.32 (FIN)
C-2 Approve Minutes (CLK)
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Accepted the Quarterly Investment Report as required by the City of Lodi Investment Policy.
Accepted the Quarterly Report of Purchases between $10,000 and $20,000.
Adopted Resolution No. 2021-300 authorizing the City Manager to purchase water meters from
Badger Meter, of Milwaukee, Wisconsin, in the amount of $145,976, and appropriating funds in
the amount of $145,976.
Adopted Resolution No. 2021-301 authorizing the City Manager to waive the bid process and
purchase water meter encode receiver transmitters from Meter, Valve & Control, Inc., of Alamo, in
the amount of $55,435, and appropriating funds in the amount of $55,435.
Approved plans and specifications and authorized advertisement for bids for the City Hall Annex
Building Gun Range HVAC Improvement Project.
Approved plans and specifications and authorized advertisement for bids for the Alley
Improvement Project - Phase 9 (2021) and adopted Resolution No. 2021-302 authorizing the City
Manager to award a contract to the lowest responsive bidder, in an amount not to exceed
$344,000, and execute change orders, in an amount not to exceed $30,000.
Accepted improvements under the contract for the Well 7 Electrical Improvements Project.
Accepted the improvements under the contract for the 2020 GrapeLine Bus Stop Accessibility
and Shelter Improvements Project.
Adopted Resolution No. 2021-303 authorizing the City Manager to execute a Professional
C-3 Accept Quarterly Investment Report as Required by City of Lodi Investment Policy (FIN)
C-4 Accept Quarterly Report of Purchases between $10,000 and $20,000 (FIN)
C-5 Adopt Resolution Authorizing City Manager to Purchase Water Meters from Badger Meter,
of Milwaukee, Wisconsin ($145,976) and Appropriating Funds ($145,976) (PW)
C-6 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Water
Meter Encode Receiver Transmitters from Meter, Valve & Control, Inc., of Alamo ($55,435)
and Appropriating Funds ($55,435) (PW)
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for City Hall
Annex Building Gun Range HVAC Improvement Project (PW)
C-8 Approve Plans and Specifications and Authorize Advertisement for Bids for Alley
Improvement Project –Phase 9 (2021) and Adopt Resolution Authorizing City Manager to
Award Contract to Lowest Responsive Bidder ($344,000) and Execute Change Orders
($30,000) (PW)
C-9 Accept Improvements Under Contract for Well 7 Electrical Improvements (PW)
C-10 Accept Improvements under Contract for 2020 GrapeLine Bus Stop Accessibility and
Shelter Improvements Project (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Mission Linen Supply ($36,000) (FD)
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Services Agreement with Mission Linen Supply, in the amount of $36,000.
Adopted Resolution No. 2021-304 authorizing the City Manager to execute Amendment No. 5 to
the contract with Efficiency Services Group, LLC, an Oregon Limited Liability Company,
increasing the original contract amount by $247,500 through June 30, 2022 for additional
services.
Adopted Resolution No. 2021-305 authorizing the City Manager to execute Amendment No. 5 to
the Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for consulting and
project management services for Southern Plume remediation activities, groundwater modeling,
and Citywide plume management, in the amount of $208,500, and appropriating funds in the
amount of $208,500.
Adopted Resolution No. 2021-306 authorizing the Chief of Police to execute an agreement for
alcohol and/or drug analysis between California Department of Justice and City of Lodi.
Adopted Resolution No. 2021-307 authorizing the City Manager to execute the Regional Early
Action Planning (REAP) Cooperative Agreement with San Joaquin Council of Governments,
accepting grant funding in the amount of $132,470, and authorizing revenue and expenditure
appropriations.
Adopted Resolution No. 2021-308 approving the Memorandum of Understanding between City of
Lodi and Boosters of Boys/Girls Sports (BOBS).
Adopted Resolution No. 2021-309 authorizing the City Manager to increase Engine 2031
outfitting appropriation by $15,000 and approve $55,000 purchase from L.N. Curtis to outfit
Engine 2031.
C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 5 to Contract with
Efficiency Services Group, LLC, an Oregon Limited Liability Company, Increasing Original
Contract Amount by $247,500 through June 30, 2022 for Additional Services (EU)
C-13 Adopt Resolution Authorizing City Manager to Execute Amendment No. 5 to Professional
Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for Consulting and Project
Management Services for Southern Plume Remediation Activities, Groundwater Modeling,
and Citywide Plume Management ($208,500) and Appropriating Funds ($208,500) (PW)
C-14 Adopt Resolution Authorizing Chief of Police to Execute Agreement for Alcohol and/or
Drug Analysis between California Department of Justice and City of Lodi (PD)
C-15 Adopt Resolution Authorizing City Manager to Execute Regional Early Action Planning
(REAP) Cooperative Agreement with San Joaquin Council of Governments, Accept Grant
Funding ($132,470), and Authorize Revenue and Expenditure Appropriations (CM)
C-16 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and
Boosters of Boys/Girls Sports (BOBS) (PRCS)
C-17 Adopt Resolution Authorizing City Manager to Increase Engine 2031 Outfitting
Appropriation by $15,000 and Approve $55,000 Purchase from L.N. Curtis to Outfit Engine
2031 (FD)
C-18 Accept Monthly Protocol Account Report (CLK)
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Accepted monthly Protocol Account Report.
Adopted Resolution of Vacation No. 2021-310 to abandon 8-foot and 16.5-foot Public Utility
Easement located at 1901 Ackerman Drive.
Adopted Resolution No. 2021-311 authorizing a street name change from Azalea Lane to Violet
Street.
Adopted Resolution No. 2021-312 declaring the month of November as Sikh Awareness Month.
Alex Alifaris, a resident, provided public comment regarding the role of civil authorities through
history and against current safety protocols related to COVID-19.
Pete Valdez, a resident, provided public comment regarding government corruption and spoke
against current safety protocols related to COVID-19.
Roy Binder, a resident, provided public comment in support of scooters being available in Lodi as
a mode of public transportation.
Joan Wright, a resident provided public comment regarding radio frequencies and spoke against
the installation of high-frequency transmitters area 5G cell towers.
Council Member Khan thanked the Lodi Police Department for addressing issues on Main Street
and noted there are still crime-related problems that require permanent solutions. Council
Member Kuehne agreed that is it a problematic area that needs to be addressed.
Council Member Kuehne provided updates on the San Joaquin Council of Governments meeting
and asked if the City's landscape maintenance agreements could be reviewed to increase
maintenance work.
Mayor Pro Tempore Chandler spoke about the Lodi Winegrape Commission and the Growers'
Association and the work they are doing to generate wine tourism to Lodi.
Mayor Nakanishi spoke about the upcoming reorganization.
City Manager Schwabauer spoke about the work the Council has done to address the
homelessness issues in the City including funding the ACCESS Center project.
C-19 Adopt Resolution of Vacation to Abandon 8-Foot and 16.5-Foot Public Utility Easement
Located at 1901 Ackerman Drive (PW)
C-20 Adopt Resolution Authorizing Street Name Change from Azalea Lane to Violet Street (PW)
C-21 Consider Request of Council Member Hothi to Pass a Resolution Declaring the Month of
November Sikh Awareness Month (CM)
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 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 Telecommunication Facilities in Public Right-of-Way."
Jory Wolf, Vice President of Digital Innovations with Magellan Advisors, provided a PowerPoint
presentation regarding wireless ordinance, small cell standards, and master license agreement.
Specific topics of discussion included managing placement; preempted local regulatory powers;
federal regulation; ordinance, standards, and guidelines development; wireless ordinance;
application and notification process; design standards and guidelines; master license agreement;
and staff recommendation.
Mr. Wolf spoke about the number of poles the City may expect cell carriers to need to install over
the course of the next two to five years, in response to a question asked by Council Member
Kuehne. Mr. Wolf and Council Member Kuehne also discussed the related fees and the possibility
of being able to increase the associated fees.
Mr. Wolf answered questions regarding the difference between 4G and 5G and the importance of
community penetration for 5G towers. Council Member Kuehne spoke about programs that are
available to help provide public WiFi service.
Electric Utility Director Jeff Berkheimer spoke about the standards that the City is recommending
and how staff intends on mitigating some of the negative impacts installation of the small cell
wireless facilities may have on current City infrastructure, in response to a question asked by
Mayor Pro Tempore Chandler.
City Manager Schwabauer explained that the Federal government sets the public safety
standards for the facilities, following questions asked by Council Member Khan and Mayor
Nakanishi.
Mayor Nakanishi opened the public hearing for public comment.
Alex Alafaris, a resident, provided public comment against the installation of small cell wireless
telecommunication facilities in the public right-of-way.
Terese, no last name given, a resident, provided public comment, via Zoom, against the
installation of small cell wireless telecommunication facilities in the public right-of-way.
Joan Wright, a resident provided public comment against the installation of small cell wireless
telecommunication facilities in the public right-of-way.
There being no further public comments, Mayor Nakanishi closed the public hearing.
G. Public Hearings
G-1 Public Hearing 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
Telecommunication Facilities in Public Right-of-Way” (CD)
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Council Member Khan stated that he was concerned about hackers and public health issues.
Mayor Pro Tempore Chandler noted that this item is the introduction of the Ordinance and that
the issue will come back to Council.
Council Member Kuehne spoke about the accuracy of reports coming out of Ripon.
Mr. Wolf spoke about the cell deployment requirements.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to introduce
and waive first reading of Ordinance No. 1988 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
Telecommunication Facilities in Public Right-of-Way."
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: None
Absent: Council Member Hothi
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
introducing an ordinance amending Lodi Municipal Code Title 13 - Public Services - Chapter
13.20, "Electrical Service," Article III, "Rates," by repealing and reenacting Section 13.20.315,
"Schedule EDR - Economic Development Rates."
Business Development Manager Astrida Trupovnieks provided a PowerPoint presentation
regarding the Economic Development Discount Rate. Specific topics of discussion included
comparison of Economic Development Rate (EDR) existing program and new program, EDR
program costs, and eligibility criteria.
Mayor Nakanishi opened the public hearing for public comment.
Pete Valdez, a resident, provided public comment noting more businesses are coming to Lodi,
but there is still a lack of housing and support services.
There being no further public comments, Mayor Nakanishi closed the public hearing.
Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to introduce
Ordinance No. 1989 amending Lodi Municipal Code Title 13 - Public Services - Chapter 13.20,
"Electrical Service," Article III, "Rates," by repealing and reenacting Section 13.20.315, "Schedule
EDR - Economic Development Rates."
G-2 Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 –Public
Services –Chapter 13.20, “Electrical Service,” Article III, “Rates,” by Repealing and
Reenacting Section 13.20.315, “Schedule EDR -Economic Development Rates” (EU)
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VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: None
Absent: Council Member Hothi
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Business Development Manager Astrida Trupovnieks provided a PowerPoint presentation
regarding surplus property. Specific topics of discussion included history of Surplus Lands Act -
Public Lands, classifications of public lands, disposition process, 2630 South Stockton Street,
18021 North Kennison Lane, 17700 North Guild Avenue, and 219 South School Street.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt
Resolution No. 2021-313 declaring, pursuant to Article 8 of Surplus Land Act (Government Code
§§ 54220-54234), that real property located at 18021 North Kennison Lane, 17700 North Guild
Avenue, 219 South School Street, and 2630 South Stockton Street are surplus property and not
necessary for City use.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: None
Absent: Council Member Hothi
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. 1987 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 17 - Development Code - Article 3, 'Site Planning and General Development
Standards,' Chapter 17.36, 'Standard for Specific Land Uses,' by Repealing and Reenacting Lodi
Municipal Code Section 17.36.130, 'Second Dwelling Units," which was introduced at a regular
meeting of the Lodi City Council held November 3, 2021.
H. Regular Calendar
H-1 Adopt Resolution Declaring Pursuant to Article 8 of Surplus Land Act (Government Code
§§ 54220-54234) that Real Property Located at 18021 North Kennison Lane, 17700 North
Guild Avenue, 219 South School Street, and 2630 South Stockton Street are Surplus
Property and Not Necessary for City Use (CM)
I. Ordinances
I-1 Adopt Ordinance No. 1987 Entitled, “An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 17 –Development Code –Article 3, ‘Site Planning and General
Development Standards,’ Chapter 17.36, ‘Standard for Specific Land Uses,’ by Repealing
and Reenacting Lodi Municipal Code Section 17.36.130, ‘Second Dwelling Units’” (CLK)
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VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and
Mayor Nakanishi
Noes: None
Absent: Council Member Hothi
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
9:23 p.m.
J.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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