HomeMy WebLinkAboutMinutes - May 17, 2023LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 17, 2023
C-1 Call to Order/ Roll Call
The City Council Closed Session meeting of May 17, 2023, was called to order by Mayor Hothi at 6:15 p.m.
Present: Council Member Bregman, Council Member Yepez, Mayor Pro Tempore Craig, and Mayor Hothi
Absent: Council Member Nakanishi
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
NOTE: Council Member Nakanishi joined the Closed Session meeting at 6:17 p.m.
C-2 Announcement of Closed Session
a) Threatened Litigation: Government Code §54956.9(b); One Case; Conference with Legal Counsel
Regarding Potential Suit by Aline Galeno, Reyna Galeno, Anna Marques, and Birgilio Galeno Based
on the Death of their Dog known as Enzo (CA)
b) Actual Litigation: Government Code Section 54956.9; Three Applicants; Joseph Hughes v. Cityof Lodi,,
Workers' Compensation, WCAB Case Nos. ADJ14332960 (5/24/19), ADJ14332961 (11/19/2020),,
ADJ14332964 (11/19/2020); Vito Cipponeri v. City of Lodi, Workers' Compensation, WCAB Case Nos.
ADJ11370138 (3/13/2018), ADJ12510805 (12/01/2018 CT); and GregoryHayden v. City of Lodi,
Workers' Compensation, WCAB Case No. ADJ165576 (11/21/97)_(CA)
c) Threatened Litigation: Government Code Section 54956.9; Vito Cipponeri v. City of Lodi, Workers'
Compensation, Claim No. CLMV-548481 (6/24/21)_(CA)
C-3 Adjourn to Closed Session
At 6:15 p.m., Mayor Hothi adjourned the meeting to a Closed Session to discuss the above matters. The
Closed Session adjourned at 6:53 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Hothi reconvened the City Council meeting, and City Attorney Magdich disclosed the
following actions.
Item C -2a) was discussion only, with no further reportable action.
Item C -2b) was discussion and direction, with no further reportable action.
Item C -2c) was discussion and direction, with no further reportable action.
A. Call to Order/ Roll Call
The Regular City Council meeting of May 17, 2023, was called to order by Mayor Hothi at 7:00 p.m.
Present: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro
Tempore Craig, and Mayor Hothi
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
B. Presentations
B-1 Mental Health Awareness Month Proclamation (CLK)
Mayor Hothi presented a proclamation to Michael Fields and Kelsey Dillard, of Lodi Wellness Center / Peer
Recovery Services, declaring May 2023 as Mental Health Awareness Month in the City of Lodi.
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.
Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, 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 Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
C-1 Receive Register of Claims for April 14, 2023 through April 27, 2023 in the Total Amount of
$6,027,748.72 (FIN)
Claims were approved in the amount of $6,027,748.72.
C-2 Approve Minutes (CLK)
The minutes of May 28, 2023 (Shirtsleeve Session) were approved as written.
C-3 Accept Quarterly Investment Report as Required by the City of Lodi Investment Policy (FIN)
Accepted the Quarterly Investment Report as required by the City of Lodi Investment Policy.
C-4 Accept Quarterly Report of Purchases between $30,000 and $60,000 (FIN),
Accepted the Quarterly Report of Purchases between $30,000 and $60,000.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Stormwater Trash
Collection Project — Phase 4.(2023) -Ind Adopt Resolution Authorizing City Manager to Award Contract
to Lowest Responsive Bidder ( 500,000), and Execute Change Orders ( 50,000)_(PW)
Approved the plans and specifications and authorized advertisement for bids for Stormwater Trash Collection
Project - Phase 4 (2023) and adopt Resolution No. 2023-89 authorizing the City Manager to award a contract
to the lowest responsive bidder, in an amount not to exceed $500,000, and to execute change orders in an
amount not to exceed $50,000.
C-6 Adopt Resolution Ratifying Expenses and Authorizing CityManager to Execute Change Orders to
Alley Improvement Project — Phase 9.(L1,004.54) and Accept Improvements Under Contract for Alley
Improvement Project — Phase 9 (PW)
Adopted Resolution No. 2023-90 ratifying expenses and authorizing the City Manager to execute change
orders to Alley Improvement Project - Phase 9 in the amount of $1,004.54 and accept the improvements
under the contract for Alley Improvement Project - Phase 9.
C-7 Accept Improvements Under Contract for Wastewater Main Rehabilitation Program (Project No. 9)
.(PW)
This item was pulled at the request of Council Member Nakanishi.
Discussion ensued with Council Member Nakanishi and Public Works Director Charlie Swimley regarding the
scope and funding of the project.
Council Member Nakanishi made a motion, second by Council Member Bregman, to approve the
improvements under the contract for Wastewater Main Rehabilitation Program (Project No. 9).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
C-8 Adopt Resolution Authorizing City Manager to Execute Three-Year Professional Services Agreement
with Five Optional One-Year Extensions with Al Protective Services, LLC, of Rancho Cordova, for
Security Services (L,599,000)_(FIN)
Adopted Resolution No. 2023-91 authorizing the City Manager to execute a three-year Professional Services
Agreement with five optional one-year extensions with Al Protective Services, LLC, of Rancho Cordova, for
security services, in the amount of $1,599,000.
C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services
Agreement with Interwest Consulting Group, Inc., for Contract Planning Services Increasing the Fiscal
Year 2022-23 Amount by30,000, Appropriate Funds for a Total Amount Not to Exceed of $886,000
Over Term of Agreement, and Request Unused Funds Roll to Future Budget Years (CD)
Adopted Resolution No. 2023-92 authorizing the City Manager to execute Amendment No. 3 to the
Professional Services Agreement with Interwest Consulting Group, Inc., for contract planning services,
increasing the Fiscal Year 2022-23 amount by $30,000, appropriating funds for a total amount not to exceed
of $886,000 over the term of the agreement, and requesting unused funds roll to future budget years.
C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services
Agreement with Power Centric Solutions, LLC, of Gallatin, Tennessee, for Lodi Electric Utility
Engineering System Study Services ( 150,000)_(EU)
Adopted Resolution No. 2023-93 authorizing the City Manager to execute Amendment No. 3 to the
Professional Services Agreement with Power Centric Solutions, LLC, of Gallatin, Tennessee, for Lodi Electric
Utility engineering system study services, in the amount of $150,000.
C-11 Adopt Resolution Authorizing CityManager to Execute Agreement for Workers' Compensation Self-
Insurance Third-Party Administrator with Acclamation Insurance Management Services, Inc., of
Sacramento, for the Period July 1, 2023, to June 30, 2028 ( 893,000)_(CA)
Adopted Resolution No. 2023-94 authorizing the City Manager to execute a Professional Services Agreement
for Workers' Compensation self-insurance third-party administration with Acclamation Insurance Management
Services, Inc., of Sacramento, for the period July 1, 2023, to June 30, 2028, in the amount of $893,000.
C-12 Adopt Resolution Authorizing CityManager to Execute Funding Documents with the California
Department of Transportation for Allocation of Fiscal Year 2022/23 Low Carbon Transit Operations
Program Funds (PW)
Adopted Resolution No. 2023-95 authorizing the City Manager to execute funding documents with the
California Department of Transportation for allocation of Fiscal Year 2022/23 Low Carbon Transit Operations
Program funds.
C-13 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Regional Early Action
Planning-(REAP)-Grant (CD)
Adopted Resolution No. 2023-96 authorizing the City Manager to execute Amendment No. 1 to the Regional
Early Action Planning (REAP) grant.
C-14 Adopt City of Lodi Fleet Electrification Master Plan (PW)
Adopted the City of Lodi Fleet Electrification Master Plan.
C-15 Adopt Resolution Authorizing CityManager to Implement Citywide Cash Handling Policy_(ISD)
Adopted Resolution No. 2023-97 authorizing the City Manager to implement the Citywide Cash Handling
Policy.
C-16 Accept Monthly Protocol Account Report (CLK)
Accepted the Monthly Protocol Account Report.
C-17 Receive Report Regarding Communication Requesting State of California Legislature Action on
Fentanyl and Substance Use -Related Legislation (CLK)
Items C-17 and C-18 were pulled at the request of Mayor Pro Tempore Craig. Mayor Pro Tempore Craig
pointed out the importance of legislation addressing the fentanyl crisis and the TradePort California Project
which addresses inland ports and improved transportation.
Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, to receive a report regarding
the communication requesting State of California Legislature action on fentanyl and substance use -related
legislation.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
NOTE: Comments for Items C-17 and C-18 were addressed together and both items were voted on following
comments.
C-18 Receive Report Regarding Communication Supporting TradePort California Project (CLK),
Items C-17 and C-18 were pulled at the request of Mayor Pro Tempore Craig. Mayor Pro Tempore Craig
pointed out the importance of legislation addressing the fentanyl crisis and the TradePort California Project
which addresses inland ports and improved transportation.
Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, to receive a report regarding
the communication supporting the TradePort California Project.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
NOTE: Comments for Items C-17 and C-18 were addressed together and both items were voted on following
comments.
C-19 Set Public Hearing for June 21, 2023, to Consider Adopting Resolution Setting Pre -Approved
Engineering News Record Adjustment Index for Wastewater Rates for Residential, Commercial, and
Industrial Customers (PW),
Set a public hearing for June 21, 2023, to consider adopting a resolution setting pre -approved Engineering
News Record adjustment index for wastewater rates for residential, commercial, and industrial customers.
D. Comments by the Public on Non -Agenda Items
Chelsea Taylor, a member of the public, spoke on the skate park.
Alex Aliferis, a member of the public, spoke on animal control, mail not being delivered to his block due to a
vicious dog running loose, and the moral decay in society.
Patrick Byron, a member of the public, spoke on the skate park.
E. Comments by the City Council Members on Non -Agenda Items
Council Member Nakanishi spoke about the poor road conditions on Lodi Avenue, from Cherokee Lane to
Church Street. Public Works Director Swimley responded with information regarding the timing of repairs.
Mayor Pro Tempore Craig spoke about the recent One Voice trip and the budget considerations of the
backlog of maintenance and projects that have been deferred.
Council Member Bregman asked for a Shirtsleeve Session to discuss options for the skate park.
Council Member Yepez asked for clarification on how to report loose animals.
F. Comments by the CityManager on Non -Agenda Items
City Manager Schwabauer clarified that Item H-1 on the agenda will discuss Council's strategic plan and will
not include a discussion regarding the use of surplus funds.
G. Public Hearings
G-1 Public Hearing to Consider Approving Use of Equipment Identified as Military Equipment in
Accordance with AB 481 (PD)
Notice thereof having been published according to law, an affidavit of which publication is on file in the office
of the City Clerk, Mayor Hothi called for the public hearing to consider approving the use of equipment
identified as military equipment in accordance with AB 481.
Police Chief Sierra Brucia provided a presentation regarding the use of equipment identified as military
equipment. Specific topics of discussion included background of AB 481, posting of equipment inventory, and
required collection of complaints and concerns, of which there were none.
In response to Council Member Nakanishi, Police Chief Brucia clarified that no equipment in use by the
Department is supplied by the military; rather, the equipment falls under the State definition of military
equipment.
Discussion ensued with Council Member Yepez regarding the complaint process.
Mayor Hothi opened the public hearing for public comment.
There being no public comments, Mayor Hothi closed the public hearing.
Mayor Pro Tempore Craig made a motion, second by Council Member Yepez, to approve the use of
equipment identified as military equipment in accordance with AB 481.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
G-2 Public Hearing to Consider Introducing an Ordinance Amending Lodi Municipal Code Chapter 13.20,,
"Electrical Service," by Repealing and Reenacting Article III, "Rates," in its Entirety_(EU).
Notice thereof having been published according to law, an affidavit of which publication is on file in the office
of the City Clerk, Mayor Hothi called for the public hearing to consider introducing an ordinance amending
Lodi Municipal Code Chapter 13.20, "Electrical Service," by repealing and reenacting Article III, "Rates," in its
entirety.
Electric Utility Director Jeff Berkheimer, Russ Schneider, Senior Project Manager with EES Consulting, and
Rates and Resources Manager Melissa Price provided a PowerPoint presentation regarding Lodi Electric
Utility rate adjustment. Specific topics of discussion included overview of Lodi Electric Utility (LEU); costs and
charges; financial challenges - declining reserves, inflation in electric sector, cost escalation, and cost
pressures; rate history; rate setting principles; methodology and proposed rates; average bill impacts;
customer charge comparison; rate actions of other utilities; mobile home parks; financial forecast without rate
adjustments; financial forecast with two-year rate adjustment; cost mitigation; financial risks without rate
increase; and recommendation.
Discussion ensued with Mayor Pro Tempore Craig, Rates and Resources Manager Price, and Deputy City
Manager Andrew Keys regarding industry standards for reserves and relations to bond ratings, designation of
different types of commercial customers, and the City not purchasing power from PG&E.
Council Member Bregman stated he felt that with the cost of transformers and lines, the City's Electric Utility
is operating extremely efficiently.
Mayor Hothi opened the public hearing for public comment.
Alex Aliferis, a member of the public, spoke about the wasteful State green energy mandates, inflation, and
his opposition due to the economic struggles of the citizens of Lodi.
J.P. Ducette, of the Lodi Chamber of Commerce, stated that he felt the increase was fair. Discussion ensued
with Mr. Ducette, Rates and Resources Manager Price, and Electric Utility Director Berkheimer regarding the
inflation numbers used for the forecast, power generation, reserves, and State mandates.
There being no further public comments, Mayor Hothi closed the public hearing.
Council Member Nakanishi made a motion, second by Council Member Bregman, to introduce Ordinance No.
2015 amending Lodi Municipal Code Chapter 13.20, "Electrical Service," by repealing and reenacting Article
III, "Rates," in its entirety.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
H. Regular Calendar
H-1 Adopt Resolution Adopting the City Council Strategic Vision (CM)
Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding the City Council Strategic
Vision. Specific topics of discussion included background, process, how to read the Strategic Vision,
Strategic Imperatives (SI), S11 - Downtown, S12 - Economic Development, S12 - Economic Development
Alternative, S13 - Fiscal Health, S14 - Housing, S15 - Infrastructure, S16 - Parks, S16 - Parks Alternatives, S17 -
Public Safety, S17 - Public Safety Alternatives, S18 - Public Well -Being, next steps, and recommendation.
Discussion ensued with Mayor Pro Tempore Craig, Deputy City Manager Keys, and Electric Utility Director
Jeff Berkheim regarding the Hydrogen Hub Project and its role in economic development.
City Manager Schwabauer stated that Mayor Pro Tempore Craig had submitted stylistic changes to the
document and requested the passive voice of the document be changed to active voice.
Patrick Byron, a member of the public, spoke about the need for a skate park, his disappointment that it is not
included specifically in the Strategic Vision, and his perception that the Strategic Vision was created without
public input.
Mayor Hothi clarified that the Strategic Vision workshop was open to the public.
J.P. Ducette, of the Lodi Chamber of Commerce, spoke about the Chamber's willingness to help stop
unfunded State mandates, budgetary constraints and creative solutions to parks maintenance, and his
opinion that public safety training and revenue generation are not mutually exclusive. Discussion ensued
with Mr. Ducette and City Manager Schwabauer regarding where information on the Strategic Plan will be
posted.
Mayor Pro Tempore Craig commended staff for their efforts, noted that this is a 10 to 15 year plan, and
stressed that this is a big picture plan for parks for all sports and recreation facilities, which could include a
skate park.
Council Member Nakanishi spoke in response to Mr. Byron's earlier comments, noting that while Lodi Unified
School District does have gyms, the City has no authority to use them, and Council Members spent two days
working on the Strategic Vision.
Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, to adopt Resolution No.
2023-98 adopting the City Council Strategic Vision, as amended in the staff report for Strategic Initiatives 2
(Economic Development) and 7 (Public Safety), and choosing Alternative 2 for Strategic Initiative 6 (Parks),
and incorporating stylistic changes noted by Mayor Pro Tempore Craig as to Strategic Initiatives 3 (Fiscal
Health), 4 (Housing), and 5 (Infrastructure).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore
Craig, and Mayor Hothi
Noes: None
Absent: None
Ordinances — None
Adjournment
There being no further business to come before the City Council, the meeting was adjourned at 9:12 p.m. in
memory of former Police Chief Floyd Williams. Police Chief Sierra Brucia provided a brief statement
regarding Chief Williams.
ATTEST:
Pamela M. Farris
Assistant City Clerk