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HomeMy WebLinkAboutMinutes - October 19, 2022LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, OCTOBER 19, 2022 The City Council Closed Session meeting of October 19, 2022, was called to order by Mayor Chandler at 6:16 p.m. Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler Absent: None Also Present: Deputy City Manager Keys, Deputy City Attorney Lucchesi, and City Clerk Nashed At 6:16 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:02 p.m. At 7:07 p.m., Mayor Chandler reconvened the City Council meeting, and Deputy City Attorney Lucchesi and Deputy City Manager Andrew Keys disclosed the following actions. Item C-2a) was discussion and direction given. Item C-2b) was discussion and direction given. The Regular City Council meeting of October 19, 2022, was called to order by Mayor Chandler at 7:07 p.m. Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler Absent: None Also Present: Deputy City Manager Keys, Deputy City Attorney Lucchesi, and City Clerk Nashed C-1 Call to Order / Roll Call C-2 Announcement of Closed Session a) Prospective Lease of Real Property Located at 2000 West Turner Road, Lodi, California (APN 029-03-070); the Negotiating Parties are City Manager Stephen Schwabauer for the City of Lodi and Daryl Merritt for Bond Manufacturing Co., Inc., and RRM Enterprises, LLC; Government Code §54956.8 (CM) b) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi Professional Firefighters, Lodi Police Dispatchers Association, AFSCME General Services and Maintenance & Operators, Confidential General Services, 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 1 Mayor Chandler presented a proclamation to Manjit Basram proclaiming the month of November 2022 as Sikh Awareness Month in the City of Lodi. Mayor Chandler presented a proclamation to Jason Shillinsky proclaiming the day of the Zombie Walk as Tom Presler Day in Lodi. Mayor Chandler presented a proclamation to Lodi Chamber of Commerce President and CEO Pat Patrick proclaiming October 19, 2022 as Local Chamber of Commerce Day in the City of Lodi. Council Member Kuehne made a motion, second by Council Member Nakanishi, 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, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler Noes: None Absent: None Claims were approved in the amount of $9,568,458.32. The minutes of August 17, 2022 (Regular Meeting), September 27, 2022 (Shirtsleeve Session), September 27, 2022 (Special Meeting), October 4, 2022 (Shirtsleeve Session), and October 11, 2022 (Shirtsleeve Session) were approved as written. Received the fourth quarter Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department Financial Reports. B. Presentations B-1 Sikh Awareness Month Proclamation (CLK) B-2 Zombie Walk as Tom Presler Day Proclamation B-3 Local Chamber of Commerce Day 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 September 16, 2022 through September 29, 2022 in the Total Amount of $9,568,458.32 (FIN) C-2 Approve Minutes (CLK) C-3 Fourth Quarter Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department Financial Reports (FIN) 2 Adopted Resolution No. 2022-245 authorizing a vehicle replacement purchase from Chase Chevrolet, of Stockton; emergency equipment and installation from Stommel, Inc., dba LEHR, of Sacramento; and appropriating funds in the amount of $30,827. Adopted Resolution No. 2022-246 ratifying the City Manager's approval of four patrol vehicle replacements from Folsom Lake Ford, of Folsom, and emergency equipment and installation from Stommel, Inc., dba LEHR, of Sacramento, in the amount of $307,909. Approved plans and specifications and authorized advertisement for bids for Blakely Park - Enze Pool Shallow End Adjustment. Approved plans and specifications and authorized advertisement for bids for solids handling facility Improvements at White Slough Water Pollution Control Facility. Adopted Resolution No. 2022-247 awarding the contract for Grape Stake Replacement Project - Phase 1 to Superior Industry Builders, of Merced, in the amount of $218,221; authorizing the City Manager to execute change orders in an amount not to exceed $20,000; and appropriating funds in the amount of $38,221. Council Member Kuehne pulled this item. Council Member Kuehne provided a comment regarding the location and goal of the State Route 99/Turner Road Interchange Project. Council Member Nakanishi made a motion, second by Council Member Kuehne, to adopt Resolution No. 2022-248 awarding the contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, in the amount of $5,890,182.90; authorizing the City Manager to execute change orders in an amount not to exceed $900,000; authorizing the City Manager to execute all funding commitment documents; and appropriating funds in the amount of $7,500,000. C-4 Adopt Resolution Authorizing Vehicle Replacement Purchase from Chase Chevrolet, of Stockton; Emergency Equipment and Installation from Stommel, Inc., dba LEHR, of Sacramento; and Appropriate Funds ($30,827) (PD) C-5 Adopt Resolution Ratifying City Manager’s Approval of Four Patrol Vehicle Replacements from Folsom Lake Ford, of Folsom, and Emergency Equipment and Installation from Stommel, Inc., dba LEHR, of Sacramento ($307,909) (PD) C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Blakely Park - Enze Pool Shallow End Adjustment (PW) C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility (PW) C-8 Adopt Resolution Awarding Contract for Grape Stake Replacement Project –Phase 1 to Superior Industry Builders, of Merced ($218,221); Authorizing City Manager to Execute Change Orders ($20,000); and Appropriating Funds ($38,221) (PW) C-9 Adopt Resolution Awarding Contract for State Route 99/Turner Road Interchange Project to O.C. Jones & Sons, Inc., of Berkeley, ($5,890,182.90); Authorize City Manager to Execute Change Orders ($900,000); Authorize City Manager to Execute All Funding Commitment Documents; and Appropriate Funds ($7,500,000) (PW) 3 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 Council Member Nakanishi pulled this item. Discussion ensued between Council Member Nakanishi, Parks, Recreation, and Cultural Services Director Christina Jaromay, and Public Works Director Charlie Swimley regarding how often City parks are cleaned up by City staff, the increase of waste from homeless individuals in City parks, and funding sources for additional staff and equipment. Mayor Chandler provided an additional statement regarding cleanup programs organized by Inner City Action, who are operating the Temporary Access Center. Council Member Nakanishi made a motion, second by Council Member Kuehne, to adopt Resolution No. 2022-249 authorizing the City Manager to execute a contract with San Joaquin County Sheriff's Office Community Corps Services for general labor within Parks and Recreation facilities, in an amount not to exceed $75,000 over the three-year term. 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 Accepted improvements under the contract for the Electric Utility Office Remodel Project. Accepted improvements under the contract for Blakely Park Sport Fields and Irrigation Improvements. Adopted Resolution No. 2022-250 authorizing the City Manager to execute a Professional Services Agreement with Hildebrand Consulting, of Oakland, for the 2023 Water and Wastewater Cost of Service Rate Study, in the amount of $90,620. C-10 Adopt Resolution Authorizing City Manager to Execute Contract with San Joaquin County Sheriff’s Office Community Corps Services for General Labor within Parks and Recreation Facilities (up to $75,000 for Three years) (PRCS) C-11 Accept Improvements Under Contract for Electric Utility Office Remodel Project (PW) C-12 Accept Improvements Under Contract for Blakely Park Sport Fields and Irrigation Improvements (PW) C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Hildebrand Consulting, of Oakland, for 2023 Water and Wastewater Cost of Service Rate Study ($90,620) (PW) C-14 Adopt Resolution Authorizing City Manager to Execute Three-Year Agreement with 4 Adopted Resolution No. 2022-251 authorizing the City Manager to execute a three-year agreement with Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System software, in the amount of $165,000. Adopted Resolution No. 2022-252 authorizing the City Manager to execute two-year Professional Services Agreements with 1) 4 Leaf, Inc.; 2) Interwest Consulting Group, Inc.; 3) Bureau Veritas North America, Inc.; 4) BPR Consulting Group, LLC; and 5) CSG Consultants, Inc., for Building Codes plans examining, Building Codes inspection, Fire Codes plans examining, Fire Codes inspection, and Code Enforcement services on an as-needed basis; and further authorizing the City Manager to execute two two-year extension options with each consultant with total contracts not to exceed six years or $1,200,000. Adopted Resolution No. 2022-253 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tree Lodi for Electric Utility Pilot Shade Tree Program. Adopted Resolution No. 2022-254 waiving the bid process and authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and extending the term to December 31, 2023, for Access Center design development, civil engineering, construction documents, bid documents, and construction administration, in an amount not to exceed $630,000. Adopted Resolution No. 2022-255 authorizing the City Manager to authorize the purchase of a three-year license renewal for Rubrik Data Backup Appliance and Cloud Management from ePlus Technology, Inc., of Rocklin, and appropriating funds in the amount of $130,000. Council Member Khan pulled this item. Environmental Systems Research Institute, Inc., of Redlands, for Geographic Information System Software ($165,000) (PW) C-15 Adopt Resolution Authorizing City Manager to Execute Two-Year Professional Services Agreement with 1) 4 Leaf, Inc.; 2) Interwest Consulting Group, Inc.; 3) Bureau Veritas North America, Inc.; 4) BPR Consulting Group, LLC; and 5) CSG Consultants, Inc., for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services on As-Needed Basis; and Further Authorize City Manager to Execute Two Two-Year Extension Options with Each Consultant with Total Contracts Not to Exceed Six Years or $1,200,000 (CD) C-16 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Tree Lodi for Electric Utility Pilot Shade Tree Program (EU) C-17 Adopt Resolution Waiving Bid Process and Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with NJ Associates, Inc., of Lodi, and Extending Term to December 31, 2023, for Access Center Design Development, Civil Engineering, Construction Documents, Bid Documents, and Construction Administration (Not to Exceed $630,000) (CD) C-18 Adopt Resolution Authorizing City Manager to Authorize Purchase of Three-Year License Renewal for Rubrik Data Backup Appliance and Cloud Management from ePlus Technology, Inc., of Rocklin, and Appropriate Funds ($130,000) (IT) C-19 Adopt Resolution Approving 2022 City of Lodi Title VI Program and Language Assistance Plan (PW) 5 City Manager Schwabauer provided a brief report regarding the requirements of Title VI Program and Language Assistance Plan. Council Member Nakanishi made a motion, second by Council Member Kuehne, to adopt Resolution No. 2022-256 approving the 2022 City of Lodi Title VI Program and Language Assistance Plan. 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 Adopted Resolution No. 2022-257 ratifying U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant application, authorizing the Chief of Police to accept funding, and appropriating funds in the amount of $18,890. Adopted Resolution No. 2022-258 authorizing an additional appropriation of funds to the Substation Intrusive Maintenance Capital Improvement Project for Fiscal Year 2023 in the amount of $322,000. Made the following appointment and directed the City Clerk to post for the following expiring terms: APPOINTMENT: Lodi Arts Commission Alexander Avila - Term to expire July 1, 2024 POSTINGS: Lodi Senior Citizens Commission Joseph Woelfel - Term to expire December 31, 2022 Site Plan and Architectural Review Committee Peter Rosado - Term to expire January 1, 2023 San Joaquin Council of Governments Citizens' Advisory Committee Richard Blackston - Term to expire January 1, 2023 C-20 Adopt Resolution Ratifying U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant Application, Authorize Chief of Police to Accept Funding, and Appropriate Funds ($18,890) (PD) C-21 Adopt Resolution Authorizing Additional Appropriation of Funds to Substation Intrusive Maintenance Capital Improvement Project for Fiscal Year 2023 ($322,000) (EU) C-22 Appoint Alexander Avila to the Lodi Arts Commission and Post for Expiring Terms on the Lodi Senior Citizens Commission, the Site Plan and Architectural Review Committee, and the San Joaquin Council of Governments Citizens’ Advisory Committee (CLK) C-23 Accept Monthly Protocol Account Report through September 30, 2022 (CLK) 6 Accepted the Monthly Protocol Account Report through September 30, 2022. Adopted Resolution No. 2022-259 approving the City of Lodi Pay Schedule dated October 19, 2022. Received a report regarding a communication for the Proposition 68 Community and Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton. Council Member Kuehne pulled this item. Council Member Kuehne noted the decrease of the San Joaquin County Multi-Species Habitat Conservation and Open Space Development fees. Council Member Nakanishi made a motion, second by Council Member Kuehne, to set a public hearing for November 2, 2022 to consider adopting a resolution setting San Joaquin County Multi-Species Habitat Conservation and Open Space Development fees for 2023. 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 Chris Giunulias provided public comment regarding Waste Management penalty fees and provided a supplemental document (filed). Carlos Bedolla provided public comment regarding ideas for traffic mitigation in downtown Lodi. Council Member Khan stated that he attended the Peace Walk 2022 and thanked the Breakthrough Project and Sandra Vargas for organizing the event, and stated he attended the Public Power Week celebration at Electric Utility and thanked Electric Utility, Public Works, and the City Manager. Mayor Pro Tempore Hothi extended an invitation to the Diwali celebration at the Sikh Temple on Monday, October 24. Council Member Kuehne stated the he attended an Eat, Meet, and Greet event at the Temporary C-24 Adopt Resolution Approving City of Lodi Pay Schedule Dated October 19, 2022 (HR) C-25 Receive Report Regarding Communication for the Proposition 68 Community & Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton (CLK) C-26 Set Public Hearing for November 2, 2022 to Consider Adopting Resolution Setting San Joaquin County Multi-Species Habitat Conservation and Open Space Development Fees for 2023 (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 7 Access Center, thanked Inner City Action and the Safety Ambassadors, and provided a brief update on the Center's progress. Mayor Chandler stated that Inner City Action and the Safety Ambassadors have been responsive, recognized Officer Mike Cascio, stated that he attended Oktoberfest, stated that he attended Public Power Week, announced the Sandhill Crane Festival will be taking place November 4th - 6th, and announced the Student Art Show for the month of November at the Lodi Public Library and Lodi Community Center. 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 Chandler called for the public hearing to consider the recommendation of the Planning Commission to introduce and waive 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 adding Section 17.36.160, "Two Unit Urban Residential Development," and Article 5, "Subdivisions," by adding Chapter 17.55, "Urban Lot Split," and repeal and reenact Article 7, "Definitions," to add definitions of "Acting in Concert With," "Car Share," "Tenant," and "Two Unit Urban Residential Development." Contract Planner Eric Norris provided a PowerPoint presentation regarding proposed regulations to implement Senate Bill 9, two-unit urban developments, and urban lot splits. Specific topics of discussion included the draft ordinance recommended by the Planning Commission, State mandate of SB 9, requirements and effects of SB 9, rules regarding two-unit development, and criteria for denial. Council discussion ensued with Contract Planner Norris, Public Works Director Charlie Swimley, Community Development Director John Della Monica, and City Manager Schwabauer regarding infrastructure to support SB 9 growth, criteria for Community Development review, cohesiveness in neighborhoods by using same materials in new structures, possible impacts on waste collection, the presentation of a map that details where SB 9 would impact most, parking requirements, and concerns regarding increased density limiting safety vehicles' access and impeding infrastructure improvements. Mayor Chandler opened the public hearing for public comment. Lisa Craig provided a public comment on the item. There being no further public comments, Mayor Chandler closed the public hearing. 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 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 17.36.160, “Two Unit Urban Residential Development,” and Article 5, “Subdivisions,” by Adding Chapter 17.55, “Urban Lot Split,” and Repeal and Reenact Article 7, “Definitions,” to Add Definitions of “Acting in Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development” (CD) 8 Council discussion ensued with Community Development Director Della Monica and City Manager Schwabauer regarding the timeline of adopting an amended Title 17 - Development Code, adding stricter language, and the presentation of a checklist of requirements that will be provided to applicants. Mayor Pro Tempore Hothi made a motion, second by Council Member Khan, to continue item of the consideration of a recommendation of the Planning Commission to introduce and waive 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 Adding Section 17.36.160, “Two Unit Urban Residential Development,” and Article 5, “Subdivisions,” by Adding Chapter 17.55, “Urban Lot Split,” and Repeal and Reenact Article 7, “Definitions,” to Add Definitions of “Acting in Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development” to the November 16, 2022, City Council meeting. 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 There being no further business to come before the City Council, the meeting was adjourned at 8:30 p.m. H.Regular Calendar –None I. Ordinances –None J.Adjournment ATTEST: Olivia Nashed City Clerk 9