HomeMy WebLinkAboutMinutes - January 5, 2022LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 5, 2022
The City Council Closed Session meeting of January 5, 2022, was called to order by
Mayor Chandler at 6:30 p.m.
Mayor Pro Tempore Hothi attended remotely.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor
Pro Tempore Hothi, and Mayor Chandler
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir
At 6:30 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above
matters. The Closed Session adjourned at 6:57 p.m.
At 7:06 p.m., Mayor Chandler 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. Information was provided to the Council. No
action was taken by the Council.
In regard to Item C-2b), Review of Council Appointees (Government Code 54957). The Council
provided staff with direction and no additional action was taken by the Council.
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) Review of Council Appointees (Government Code 54957) (HR)
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 January 5, 2022, was called to order by Mayor Chandler
at 7:06 p.m.
Mayor Pro Tempore Hothi attended remotely.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor
Pro Tempore Hothi, and Mayor Chandler
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir
Council Member Khan 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.
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Claims were approved in the amount of $13,121,526.71.
The minutes of November 3, 2021 (Regular Meeting), November 17, 2021 (Regular Meeting),
November 30, 2021 (Shirtsleeve Session), December 1, 2021 (Regular Meeting), December 7,
2021 (Shirtsleeve Session), December 14, 2021 (Shirtsleeve Session), December 15, 2021
(Regular Meeting), December 21, 2021 (Shirtsleeve Session), and December 28, 2021
(Shirtsleeve Session) were approved as written.
Adopted Resolution No. 2022-01 authorizing inclusion of Henning Getaway Project into FY
2021/22 Capital Improvement Program and appropriating funds in the amount of $450,000.
Accepted the improvements under the contract for Old City Hall Tower Demolition Project.
Accepted the improvements under the contract for Well 6R Granular Activated Carbon
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
Notice at the beginning of this agenda.
C-1 Receive Register of Claims for November 12, 2021 through December 16, 2021 in the
Total Amount of $13,121,526.71 (FIN)
C-2 Approve Minutes (CLK)
C-3 Adopt Resolution Authorizing Inclusion of Henning Getaway Project into FY 2021/22
Capital Improvement Program and Appropriating Funds ($450,000) (EU)
C-4 Accept Improvements Under Contract for Old City Hall Tower Demolition Project (PW)
C-5 Accept Improvements Under Contract for Well 6R Granular Activated Carbon
Replacement (PW)
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Replacement.
Accepted the improvements under the contract for Well 28 Granular Activated Carbon Filter
System.
Adopted Resolution No. 2022-02 accepting Gateway North Subdivision, Unit No. 2 (Tract
No. 3976) Public Improvements and authorizing the City Manager to execute a Landscape
Maintenance Agreement.
Adopted Resolution No. 2022-03 authorizing the City Manager to execute a Professional Services
Agreement with Quest Media and Supplies, Inc., for Information Technology business continuity
and disaster recovery planning, in an amount not to exceed $95,000, and appropriating funds in
the amount of $64,455.94.
Adopted Resolution No. 2022-04 authorizing the City Manager to execute an amendment to the
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Hutchins Street
Square Roof Repair Project Phase 4 and transferring funds in the amount of $16,239.
Adopted Resolution No. 2022-05 rescinding Resolution No. 2021-258 and authorizing the City
Manager to execute a Professional Services Agreement with Clean Energy, of Newport Beach,
for monthly and preventative maintenance and repairs of Compressed Natural Gas Fueling
Station, in the amount of $175,000.
This item was pulled at the request of Council Member Kuehne. Public Works Director
Charlie Swimley provided details about the Safe Routes to School Project and the improvements
that are made as part of the project scope. Council Member Kuehne spoke about the project
funding through Measure K.
C-6 Accept Improvements Under Contract for Well 28 Granular Activated Carbon Filter System
(PW)
C-7 Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) Public
Improvements and Authorizing City Manager to Execute Landscape Maintenance
Agreement (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Quest Media and Supplies, Inc., for Information Technology Business Continuity and
Disaster Recovery Planning (Not to Exceed $95,000) and Appropriating Funds
($64,455.94) (IT)
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment to Professional
Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Hutchins Street
Square Roof Repair Project Phase 4 and Transfer Funds ($16,239) (PW)
C-10 Adopt Resolution Rescinding Resolution No. 2021-258 and Authorizing City Manager to
Execute Professional Services Agreement with Clean Energy, of Newport Beach, for
Monthly and Preventative Maintenance and Repairs of Compressed Natural Gas Fueling
Station ($175,000) (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Agreement with San Joaquin
Council of Governments for Funding Allocation for Garfield Street Safe Route to School
Project (PW)
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Council Member Khan made a motion, second by Council Member Kuehne, to adopt Resolution
No. 2022-06 authorizing the City Manager to execute an agreement with San Joaquin Council of
Governments for funding allocation for Garfield Street Safe Route to School Project.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Adopted Resolution No. 2022-07 authorizing the Library Director to accept Zip Books Grant
Funding, in the amount of $5,000, from California State Library and appropriating funds in the
amount of $5,000.
This item was pulled at the request of Council Member Khan. Council Member Khan thanked the
Library Board of Trustees for providing the Council with the mobile library grant proposal and
spoke about the importance of providing individuals living on the eastside with more opportunities
to access the library.
Council Member Nakanishi commended Council Member Khan and his work on this project.
Received notice of modification of Library public hours approved by Library Board of Trustees
(information only).
Adopted Resolution No. 2022-08 approving Impact Mitigation Fee Program Annual Report for
Fiscal Year 2020/21.
Directed the City Clerk to post for the following expiring terms and vacancy:
Lodi Improvement Committee
David Diskin - Term to expire March 1, 2022
Vanessa Madrigal-Lauchland - Term to expire March 1, 2022
Sandra Vargas - Term to expire March 1, 2022
C-12 Adopt Resolution Authorizing Library Director to Accept Zip Books Grant Funding ($5,000)
from California State Library and Appropriating Funds ($5,000) (LIB)
C-13 Notice of Plan for Mobile Library Grant Proposal for Fiscal Year 2023-2024 Approved by
Library Board of Trustees (Information Only) (LIB)
C-14 Notice of Modification of Library Public Hours Approved by Library Board of Trustees
(Information Only) (LIB)
C-15 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year
2020/21 (FIN)
C-16 Post for Expiring Terms on Lodi Improvement Committee and Vacancy for Greater Lodi
Area Youth Commission Adult Advisor (CLK)
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Greater Lodi Area Youth Commission - Adult Advisor
Breanna Meyer - Term to expire May 31, 2022
Authorized the City Clerk to grant Request for Leave to Present Late Claim, by Yousef Haddad,
pursuant to Government Code Section 911.6(a).
Authorized the City Clerk to grant Request for Leave to Present Late Claim, by Joanne DelSolar,
pursuant to Government Code Section 911.6(a).
Adopted Resolution No. 2022-09 of Intention to vacate existing 16.5-foot and 3-foot Public Utility
Easements located at 2525 West Century Boulevard, refer the matter to the Planning
Commission; and set a public hearing for February 16, 2022.
Alex Aliferis, a resident, provided public comment regarding his encounter with an aggressive
transient in downtown and provided ideas to improve safety downtown. Mr. Aliferis also spoke
about an accident that occurred on the train tracks.
Pete Valdez, a resident, provided public comment regarding the mobile library proposal, COVID-
19 testing, and influencers. Mr. Valdez feels not everyone in the City is being served by the City
Council.
Tye Brockmeier, a resident, provided public comment regarding homelessness and asked what
the City is doing to address the problem.
City Manager Schwabauer spoke about the City's ACCESS Center project and how that project
will provide support services to homeless individuals.
Council Member Khan reiterated the importance of the mobile library project and the program's
benefit to students in District 4. Council Member Khan also asked to discuss Main Street at a
Shirtsleeve Session and spoke about problems with parking and damage being done to cars
parked on the street in District 4.
Mayor Chandler gifted copies of the book Breaking Ice and Breaking Glass by Vice Admiral
Sandra Stosz USCG (Ret) to the Department Directors.
C-17 Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad,
Pursuant to Government Code Section 911.6(a) (CLK)
C-18 Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Joanne
DelSolar, Pursuant to Government Code Section 911.6(a) (CLK)
C-19 Adopt Resolution of Intention to Vacate Existing 16.5-Foot and 3-Foot Public Utility
Easements Located at 2525 West Century Boulevard, Refer the Matter to the Planning
Commission; and Set a Public Hearing for February 16, 2022 (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 Chandler 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 17.34, "Signs," by adding Section 17.34.070.G,
"Freeway Oriented Electronic Billboard," to allow and regulate freeway-oriented electronic
message signs and amend Article 7, "Definitions," Chapter 17.78, "Definitions," Section
17.78.020, "Definitions of Specialized Terms and Phrases," by adding "Freeway Oriented
Electronic Billboard."
Planner Eric Norris provided a PowerPoint presentation regarding the proposed amendment to
the Zoning Code to allow and regulate freeway oriented electronic message signs. Specific topics
of discussion included existing regulations, signs in Lodi, proposed amendment, Planning
Commission discussion, Caltrans review and approval, and options.
City Manager Schwabauer responded to questions asked by Council Member Nakanishi
regarding the State regulations regarding signage. Council Member Nakanishi stated that he
supports the changes.
Community Development Director Della Monica stated that requirements for the removal of signs
no longer in use will be included in the terms of the developer agreements, in response to a
question asked by Mayor Chandler.
Mayor Chandler opened the public hearing for public comment.
There being no public comments, Mayor Chandler closed the public hearing.
Community Development Director Della Monica answered questions asked by Council Member
Kuehne regarding the number of signs allowed and the 1,000-foot rule. Mr. Della Monica also
discussed the CalTrans appeal process.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to introduce and
waive first reading of Ordinance No. 1990 amending Lodi Municipal Code Title 17 - Development
Code, Article 3, "Site Planning and General Development Standards," Chapter 17.34, "Signs," by
adding Section 17.34.070.G, "Freeway Oriented Electronic Billboard," to allow and regulate
freeway-oriented electronic message signs and amend Article 7, "Definitions," Chapter 17.78,
"Definitions," Section 17.78.020, "Definitions of Specialized Terms and Phrases," by adding
"Freeway Oriented Electronic Billboard."
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
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 17.34,
“Signs,” by Adding Section 17.34.070.G, “Freeway Oriented Electronic Billboard,” to Allow
and Regulate Freeway-Oriented Electronic Message Signs and Amend Article 7,
“Definitions,” Chapter 17.78, “Definitions,” Section 17.78.020, “Definitions of Specialized
Terms and Phrases,” by Adding “Freeway Oriented Electronic Billboard” (CD)
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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 Chandler called for the public hearing to consider adopting a
resolution setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan
Development Fees for 2022.
Community Development Director John Della Monica provided a PowerPoint presentation
regarding 2022 San Joaquin County Multi-Species Habitat Fees. Specific topics of discussion
included fee schedule approved by San Joaquin Council of Governments, basis of fee
adjustments, and staff recommendation.
Mayor Chandler opened the public hearing for public comment.
There being no public comments, Mayor Chandler closed the public hearing.
Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution
No. 2022-10 setting San Joaquin County Multi-Species Habitat Conservation and Open Space
Plan Development Fees for 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
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 Chandler called for the public hearing to consider introducing
an ordinance amending Lodi Municipal Code Title 13 - Public Services - by repealing and re-
enacting Section 13.12.150, "Connections Outside City," in its entirety.
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the
introduction of an ordinance amending Lodi Municipal Code Title 17 in relation to connections
outside the City. Specific topics of discussion included background, cemetery location, and
proposed amendment.
Public Works Director Swimley spoke about the services provided to the City by the cemetery and
the intent of the General Plan, in response to a question asked by Council Member Nakanishi.
G-2 Public Hearing to Consider Adopting Resolution Setting San Joaquin County Multi-Species
Habitat Conservation and Open Space Plan Development Fees for 2022 (CD)
G-3 Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 –Public
Services –by Repealing and Re-Enacting Section 13.12.150, “Connections Outside City,”
in Its Entirety (PW)
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Mr. Swimley answered questions asked by Council Member Nakanishi regarding the benefits of
sewer service versus septic systems.
Council Member Kuehne noted that there is precedent for allowing connections for businesses
that provide services to Lodi residents.
City Manager Schwabauer spoke about concerns that the sewer treatment plant may be
considered a regional plant and discussed how the ordinance is crafted to clarify that this
connection is accommodating a need of the community.
Mayor Chandler opened the public hearing for public comment.
There being no public comments, Mayor Chandler closed the public hearing.
Council Member Kuehne made a motion, second by Council Member Khan, to introduce
Ordinance No. 1991 amending Lodi Municipal Code Title 13 - Public Services - by repealing and
re-enacting Section 13.12.150, "Connections Outside City," in its entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Neighborhood Services Manager Jennifer Rhyne provided a PowerPoint presentation regarding
the 2022 Point in Time (PIT) Count. Specific topics of discussion included importance of PIT
count, PIT data from 2019, 2019 homeless census and survey, PIT count dates and locations,
volunteer outreach, volunteer training, use of survey tools, PIT crew committee members, and
purpose of presentation.
Council Member Kuehne spoke about his experience participating in the PIT in previous years.
Neighborhood Services Manager Rhyne spoke about incentives being offered, in response to a
questions asked by Council Member Kuehne.
Ms. Rhyne stated the Salvation Army is offering support, in response to a question asked by
Council Member Khan.
City Manager Schwabauer introduced the topic of Council service on various boards, committees,
and commissions. Mr. Schwabauer stated that staff is recommending keeping the assignments
as they are.
H. Regular Calendar
H-1 Receive Presentation on 2022 Point in Time Count (CD)
H-2 Assign and Confirm Annual Appointment of City Council Members on Various Boards,
Committees, and Commissions (CLK)
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Mayor Chandler made a motion, second by Council Member Khan, to assign and confirm annual
appointment of City Council Members on various boards, committees, and commissions.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
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 the title change,
amendments to job description and salary adjustments for the position of Building Official.
Specific topics of discussion included the reorganization of the Code Enforcement Division and
the increased scope of responsibility of the position of Building Official.
Council Member Khan made a motion, second by Council Member Kuehne, to adopt Resolution
No. 2022-11 approving the title change, amendments to job description, and salary adjustments
for the position of Building Official.
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
Deputy City Manager Andrew Keys introduced the Memorandum of Understanding (MOU)
between the City of Lodi and the International Brotherhood of Electrical Workers. Specific topics
of discussion included background information and highlights of the MOU.
Council Member Khan made a motion, second by Council Member Kuehne, to adopt Resolution
No. 2022-12 approving the Memorandum of Understanding between the City of Lodi and
International Brotherhood of Electrical Workers for the period January 1, 2022 through December
31, 2024.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
H-3 Adopt Resolution Approving Title Change, Amendments to Job Description, and Salary
Adjustments for Position of Building Official (HR)
H-4 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and
International Brotherhood of Electrical Workers for Period January 1, 2022 through
December 31, 2024 (HR)
I.Ordinances –None
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City Manager Schwabauer introduced the item regarding the reorganization of the following
agencies: Lodi Public Improvement Corporation, Industrial Development Authority, Lodi Financing
Corporation, and Lodi Public Financing Authority.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to adopt
Resolution No. LPIC2022-01 reorganizing the officers of the Lodi Public Improvement
Corporation, Resolution No. IDA-44 reorganizing the officers of the Industrial Development
Authority, Resolution No. LFC2022-31 reorganizing the officers of the Lodi Financing Corporation,
and Resolution No. LPFA2022-01 reorganizing the officers of the Lodi Public Financing Authority.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro
Tempore Hothi, and Mayor Chandler
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 8:52 p.m.
J. Reorganization of the Following Agency Meetings: Lodi Public Improvement Corporation,
Industrial Development Authority, Lodi Financing Corporation, and Lodi Public Financing
Authority
K.Adjournment
ATTEST:
Jennifer Cusmir
City Clerk
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