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HomeMy WebLinkAboutMinutes - October 18, 2023LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, OCTOBER 18, 2023 C-1 Call to Order/ Roll Call The City Council Closed Session meeting of October 18, 2023, was called to order by Mayor Hothi at 6:03 p.m. Present: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Craig, and Mayor Hothi Absent: None Also Present: Interim City Manager Keys, Interim City Attorney Lucchesi, and City Clerk Nashed C-2 Announcement of Closed Session a) Conference with Adele Post, Human Resources Manager (Labor Negotiator), 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) Prospective Acquisition of Real Property Located in Lodi, California, Identified as APN 058-650-15;. Negotiating Parties are Interim City Manager Andrew Keys for City of Lodi and Cody Diede for Diede Farms LLC, Owner; Government Code §54956.8 (CM), c) Anticipated Litigation: Government Code § 54956.9(d).(4) Conference with Legal Counsel to Consider Initiation of Litigation:(One Case) _(CA) d) Public Employee Appointment — Title: City Attorney — Conference with Human Resources Manager Adele Post Regarding City Attorney Contract Negotiations Pursuant to Government Code §54957 .(HR) C-3 Adjourn to Closed Session At 6:03 p.m., Mayor Hothi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:05 p.m. C-4 Return to Open Session / Disclosure of Action At 7:10 p.m., Mayor Hothi reconvened the City Council meeting, and Interim City Attorney Lucchesi disclosed the following actions. Item C -2a) was discussion with no reportable action. Mayor Hothi recused himself from Item C -2b). There was discussion with no reportable action. Item C -2c) - City Council voted unanimously to approve initiation of litigation to initiate a health and safety code receivership action against the Ackel A. William Trust property located at 701 and 875 North Stockton Street, Lodi, due to ongoing nuisance conditions and threats to public health and safety. Interim City Attorney Lucchesi recused herself from Item C -2d). A. Call to Order / Roll Call The Regular City Council meeting of October 18, 2023, was called to order by Mayor Hothi at 7:10 p.m. Present: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Craig, and Mayor Hothi Absent: None Also Present: Interim City Manager Keys, Interim City Attorney Lucchesi, and City Clerk Nashed B. Presentations B-1 Sikh Awareness Month Proclamation (CLK), Mayor Hothi presented a proclamation to Manjit Singh proclaiming the month of November as Sikh Awareness Month in the City of Lodi. Mr. Singh expressed his appreciation for the proclamation and invited everyone to attend the upcoming Diwali Festival of Lights. B-2 Cybersecurity Month Proclamation (IT) Mayor Hothi presented a proclamation to Information Technology Manager Benjamin Buecher proclaiming October as Cybersecurity Month in the City of Lodi. Mr. Buecher expressed his appreciation for the proclamation and provided information on cybersecurity. B-3 2023 Pink Patch Project Month Proclamation (PD) Mayor Hothi presented a proclamation proclaiming October as Pink Patch Project Month in the City of Lodi to Police Lieutenant Kevin Kent, Sergeant Matt Latino, Sergeant Elias Ambriz, and Dispatcher Jennifer Root. Lieutenant Kent expressed appreciation for the proclamation and spoke regarding the Police Department's fundraiser to support the local non-profit, Cancer Kids. B-4 Presentation of Donation to Lodi Boys and Girls Club by Waste Management (PW) Management Analyst Tiffani Christy, of Public Works, provided an introduction. Vanessa Barberis and Danny Uribe, of Waste Management, presented a check in the amount of $20,000 to Executive Director Roger Coover and Board Members of the Lodi Boys & Girls Club. Board Member Susan Ledbetter and Mr. Coover expressed appreciation for the donation and shared some of the accomplishments of the Boys & Girls Club. 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. Council Member Nakanishi 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 August 18, 2023 through September 28, 2023 in the Total Amount of 19,298,251.05 (FIN) Claims were approved in the amount of $19,298,251.05. C-2 Approve Minutes (CLK) The minutes of June 21, 2023 (Regular Meeting), June 27, 2023 (Shirtsleeve Session), July 25, 2023 (Shirtsleeve Session), August 29, 2023 (Shirtsleeve Session), August 29, 2023 (Special Meeting), September 5, 2023 (Shirtsleeve Session), September 12, 2023 (Special Meeting), September 19, 2023 (Shirtsleeve Session), September 19, 2023 (Special Meeting), September 20, 2023 (Regular Meeting), and October 4, 2023 (Regular Meeting) were approved as written. C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Approve Purchase of Godwin Dri-Prime Trailer Pump from Pac Machine, of Sacramento ( 92,936)_(PW) Adopted Resolution No. 2023-208 authorizing the City Manager to waive the bid process and approve the purchase of Godwin Dri-Prime trailer pump from Pac Machine, of Sacramento, in the amount of $92,936. C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for 2023 Playground Replacement Project and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder (L,560,000), Execute Change Orders ($175,000), and Appropriate Funds .( 105,000)_(PW) Approved plans and specifications and authorized advertisement for bids for the 2023 Playground Replacement Project and adopted Resolution No. 2023-209 authorizing the City Manager to award a contract to the lowest responsive bidder, in an amount not to exceed $1,560,000, execute change orders in an amount not to exceed $175,000, and appropriating funds in the amount of $105,000. C-5 Adopt Resolution Awarding Contract for Aeration Diffusers System Replacements at White Slough Water Pollution Control Facility to WM Lyles Co., of Rocklin (L2,441,500) and Appropriating Funds (L2,000,000)_(PW) Adopted Resolution No. 2023-210 awarding the contract for the Aeration Diffusers System Replacements at White Slough Water Pollution Control Facility to WM Lyles Co., of Rocklin, in the amount of $2,441,500, and appropriating funds in the amount of $2,000,000. C-6 Adopt Resolution Authorizing City Manager to Execute Change Orders for Additional $50,000 for Lower Sacramento Road Resurfacing Project andAppropriate Funds ($21,000) _(PW) Adopted Resolution No. 2023-211 authorizing the City Manager to execute change orders for an additional $50,000 for the Lower Sacramento Road Resurfacing Project and appropriating funds in the amount of $21,000. C-7 Accept Improvements Under Contract for Lodi Library LED Lights Upgrade Project (PW) Accepted the improvements under the contract for the Lodi Library LED Lights Upgrade Project. C-8 Accept Improvements Under Contract for Turner Road and Century Boulevard Resurfacing Project (PW) Accepted the improvements under the contract for the Turner Road and Century Boulevard Resurfacing Project. C-9 Adopt Resolution Ratifying Agreement with WMB Architects, Inc., a California Corporation, for Investigative and Design Services for Restoration of Lodi Lake North Restroom -($73,880 for One Year)_(PRCS), Adopted Resolution No. 2023-212 ratifying the agreement with WMB Architects, Inc., a California Corporation, for investigative and design services for the restoration of the Lodi Lake North Restroom, in the amount of $73,880 for one year. C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Frank Carson Landscape and Maintenance, Inc., a California Corporation, for Maxicom Services .(Not to Exceed $75,000 for Three Years)_(PRCS), Adopted Resolution No. 2023-213 authorizing the City Manager to execute a Professional Services Agreement with Frank Carson Landscape and Maintenance, Inc., a California Corporation, for Maxicom services in an amount not to exceed $75,000 for three years. C-11 Adopt Resolution Authorizing City Manager to Execute Five -Year Professional Services Agreement for Renewal of Outage Management System (OMS), Interactive Voice Response (IVR), WindMil and WindMilMap Circuit Anal ysis Tools and Support Services with MilSoft Utility Solutions, Inc., of Abilene, Texas ( 183,175)_(EU) Adopted Resolution No. 2023-214 authorizing the City Manager to execute a five-year Professional Services Agreement for renewal of outage management system (OMS), interactive voice response (IVR), WindMil and WindMilMap circuit analysis tools and support services with MilSoft Utility Solutions, Inc., of Abilene, Texas, in the amount of $183,175. C-12 Adopt Resolution Authorizing City Manager to Execute Two -Year Professional Services Agreement with One -Year Extension Option with Tinker, LLC, of Alamo, for Delivery of Energy Efficiency_ Education Curriculum to Sixth Grade Children ( 67,831)_(EU) Adopted Resolution No. 2023-215 authorizing the City Manager to execute a two-year Professional Services Agreement with one-year extension option with Tinker, LLC, of Alamo, for delivery of energy efficiency education curriculum to sixth -grade children, in the amount of $67,831. C-13 Adopt Resolution Authorizing City Manager to Execute Change Order No. 4 with Schweitzer Engineering Laboratories (SEL) Engineering Services, Inc., of Vacaville, for Substation Relay Modernization Project ( 901,469)_(EU) Adopted Resolution No. 2023-216 authorizing the City Manager to execute Change Order No. 4 with Schweitzer Engineering Laboratories (SEL) Engineering Services, Inc., of Vacaville, for the Substation Relay Modernization Project, in the amount of $901,469. C-14 Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to Professional Services Agreement with Munoz Roofing, Inc., of Acampo, for Citywide Roofing Repair Services ($30,000) .(PW) Adopted Resolution No. 2023-217 authorizing the City Manager to execute Amendment No. 4 to the Professional Services Agreement with Munoz Roofing, Inc., of Acampo, for Citywide roofing repair services, in the amount of $30,000. C-15 Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to Contract for 2019- 2021 Standby Generators Maintenance, Repair, and Rental to Holt of California, of Pleasant Grove .( 262,000)_(PW) Adopted Resolution No. 2023-218 authorizing the City Manager to execute Amendment No. 4 to the contract for the 2019-2021 Standby Generators Maintenance, Repair, and Rental to Holt of California, of Pleasant Grove, in the amount of $262,000. C-16 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 and Add Funds to Professional Services Agreement with Pacific Star Chemical, LLC, of Sherwood, Oregon, dba Northstar Chemical, for Chemical Supply at Surface Water Treatment Facility and Well Sites .( 130,000)_(PW) Adopted Resolution No. 2023-219 authorizing the City Manager to execute Amendment No. 1 and add funds to the Professional Services Agreement with Pacific Star Chemical, LLC, of Sherwood, Oregon, dba Northstar Chemical, for chemical supply at Surface Water Treatment Facility and well sites, in the amount of $130,000. C-17 Adopt Resolution Authorizing City Attorney's Office to Enter into Amendment No. 1 to Attorney_ Client Representation Agreement with Neumiller & Beardslee, APC for Legal Services Related to Prosecution of Lodi Municipal Code Violations (Total Contract Not to Exceed $100,000)_(CA) Adopted Resolution No. 2023-220 authorizing the City Attorney's Office to enter into Amendment No. 1 to the Attorney -Client Representation Agreement with Neumiller & Beardslee, APC, for legal services related to the prosecution of Lodi Municipal Code violations, for a total contract amount not to exceed $100,000. C-18 Adopt Resolution Authorizing City Manager to Execute Lease with San Joaquin County for Office Space within Lodi Police Department (PW) Adopted Resolution No. 2023-221 authorizing the City Manager to execute a lease with San Joaquin County for office space within the Lodi Police Department. C-19 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Lumina Subdivision, Unit No. 2, Tract No. 4125 (PW) Adopted Resolution No. 2023-222 approving the Final Map and authorizing the City Manager to execute an Improvement Agreement for Lumina Subdivision, Unit No. 2, Tract No. 4125. C-20 Adopt Resolution Accepting Gateway South Subdivision, Unit No. 3, Tract No. 4079 and Authorizing City Manager to Execute Improvement Deferral Agreement for Gateway South Neighborhood Park Improvements (PW) Adopted Resolution No. 2023-223 accepting the Gateway South Subdivision, Unit No. 3, Tract No. 4079, and authorizing the City Manager to execute an Improvement Deferral Agreement for Gateway South Neighborhood Park Improvements. C-21 Adopt Resolution Authorizing City Manager to Execute and Submit Application for Department of Resources Recycling and Recovery _(CalRecycle) SB1383 Local Assistance Grant (OWR4: 2022- 23) and Related Documents (PW) Adopted Resolution No. 2023-224 authorizing the City Manager to execute and submit an application for the Department of Resources Recycling and Recovery (CalRecycle) SB1383 Local Assistance Grant (OWR4: 2022-23) and related documents. C-22 Adopt Resolution Accepting and Appropriating Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant -($578,537.07) and Authorizing City Manager to Execute Three 2020 HHAP Program — Round 3 Subrecipient Agreements (CD) This item was pulled at the request of Kathryn Corradi, a member of the public. Ms. Corradi stated that she thought this item was for the homeless shelter operation. Interim City Manager Keys explained this item is for funding for a workforce training program at the Access Center. Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, to adopt Resolution No. 2023-225 accepting and appropriating Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant, in the amount of $578,537.07, and authorizing the City Manager to execute three 2020 HHAP Program - Round 3 Subrecipient Agreements. 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-23 Adopt Resolution Authorizing Chief of Police to Accept Grant and Execute Contract Administered by Department of Alcoholic Beverage Control and Appropriate Funds (46,105)_(PD) Adopted Resolution No. 2023-226 authorizing the Chief of Police to accept the grant and execute the contract administered by the Department of Alcoholic Beverage Control and appropriating funds in the amount of $46,105. C-24 Adopt Resolution Appropriating Funds for Transit Station Building Exterior Repair Project .( 150,000)_(PW) Adopted Resolution No. 2023-227 appropriating funds for the Transit Station Building Exterior Repair Project, in the amount of $150,000. C-25 Adopt Resolution to Appropriate Funds for Harney Lane Widening Project Engineering_( 300,000) .(PW) Adopted Resolution No. 2023-228 to appropriate funds for the Harney Lane Widening Project engineering, in the amount of $300,000. C-26 Adopt Resolution Authorizing Public Works Director to Amend Traffic Resolution No. 97-148 by Approving Stop Sign Replacement at Various Yield -Controlled Intersections Throughout City ($6,000)_(PW) Adopted Resolution No. 2023-229 authorizing the Public Works Director to amend Traffic Resolution No. 97-148 by approving stop sign replacement at various yield -controlled intersections throughout the City, in the amount of $6,000. C-27 Adopt Resolution Authorizing Energy Efficiency Financing Program Loan to Pearl Crop, Inc., and Further Authorizing Loan Payment Check Issuance to Pacific Energy Concepts, LLC ($50,000) (EU) Adopted Resolution No. 2023-230 authorizing an Energy Efficiency Financing Program loan to Pearl Crop, Inc., and further authorizing a loan payment check issuance to Pacific Energy Concepts, LLC, in the amount of $50,000. C-28 Adopt Resolution Authorizing CityManager to Enter into Purchase and Sale Agreement for Acquisition of Assessor's Parcel Number 058-650-150, Located on Harney Lane between Current Costco and Highway 99, from Diede Farms, LLC, of Lodi, for $2.8 Million for Future Construction of Harney Lane and Highway 99 Interchange and Appropriate Funds ($2,800,000)_(CM) Mayor Hothi recused himself from this item and left the dais. There being no Council discussion or public comment, Mayor Pro Tempore Craig called for a motion. Council Member Bregman made a motion, second by Council Member Yepez, to adopt Resolution No. 2023-231 authorizing the City Manager to enter into a Purchase and Sale Agreement for acquisition of Assessor's Parcel Number 058-650-150, located on Harney Lane between the current Costco and Highway 99, from Diede Farms, LLC, of Lodi, for $2.8 million for the future construction of the Harney Lane and Highway 99 Interchange and appropriating funds in the amount of $2,800,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Bregman, Council Member Nakanishi, Council Member Yepez, and Mayor Pro Tempore Craig Noes: None Recusals: Mayor Hothi Absent: None Following the vote, Mayor Hothi returned to the dais. C-29 Appoint Elijah Plath, Zoe Bertsch, Shaun Spencer, and Eliza Litton to Greater Lodi Area Youth Commission; Brittany Lampson and Brittany Jomaoas as Greater Lodi Area Youth Commission Adult Advisors; Michael Carouba and Bret Erickson to Parks and Recreation Commission; Cathy Metcalf and Magdalena Saldana to Lodi Arts Commission; Lynsay Nuss to the Lodi Improvement Committee; Scott Hamilton to Site Plan and Architectural Review Committee; and Joseph Woelfel, Rita Cannon, and Lauren Young to Lodi Senior Citizens Commission; Repost for One Vacancy on Parks and Recreation Commission and One Vacancy on Lodi Arts Commission; and Post for Two Expiring Terms on Site Plan and Architectural Review Committee and Two Expiring Terms on Lodi Senior Citizens Commission (CLK), Directed the City Clerk to make the following appointments and post for the following vacancies and expiring terms: APPOINTMENTS: Greater Lodi Area Youth Commission (Student Members) Elijah Plath - Term to expire May 31, 2025 Zoe Bertsch - Term to expire May 31, 2025 Shaun Spencer - Term to expire May 31, 2025 Eliza Litton - Term to expire May 31, 2025 Greater Lodi Area Youth Commission (Adult Advisors) Brittany Lampson - Term to expire May 31, 2026 Brittany Jomaoas - Term to expire May 31, 2026 Parks and Recreation Commission Michael Carouba - Term to expire June 30, 2027 Bret Erickson - Term to expire June 30, 2027 Lodi Arts Commission Cathy Metcalf - Term to expire July 1, 2026 Magdalena Saldana - Term to expire July 1, 2026 Lodi Improvement Committee Lynsay Nuss - Term to expire March 1, 2026 Site Plan and Architectural Review Committee (SPARC) Scott Hamilton - Term to expire January 1, 2026 Lodi Senior Citizens Commission Joseph Woelfel - Term to expire December 31, 2026 Rita Cannon - Term to expire December 31, 2025 Lauren Young - Term to expire December 31, 2025 POSTINGS: Parks and Recreation Commission William Mitchell - Term to expire June 30, 2027 Lodi Arts Commission Jesse Hanes - Term to expire July 1, 2026 Site Plan and Architectural Review Committee Trenton Diehl - Term to expire January 1, 2024 Roger Stafford - Term to expire January 1, 2024 Lodi Senior Citizens Commission Marjory Schrenk - Term to expire December 31, 2023 Teresa Whitmire - Term to expire December 31, 2023 C-30 Receive Report Regarding Communication Supporting North San Joaquin Water Conservation District Temporary Water Right Permit Application (CLK) Received a report regarding a communication supporting the North San Joaquin Water Conservation District Temporary Water Right Permit Application. C-31 Accept Monthly Protocol Account Report (CLK) Accepted the Monthly Protocol Account Report. C-32 Adopt Resolution Authorizing CityManager to Execute Amendment No. 2 to Professional Services Agreement with Avery and Associates for Executive Level Recruitments ($21,900 per Recruitment) .(HR) Adopted Resolution No. 2023-232 authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Avery and Associates for executive-level recruitments, in the amount of $21,900 per recruitment. C-33 Approve Specifications and Authorize Advertisement for Bids for Demolition of Park Structures .(2024)_(P) Approved the specifications and authorized advertisement for bids for the Demolition of Park Structures (2024). C-34 Approve Plans and Specifications and Authorize Advertisement for Bids for Lodi Lake Culvert Replacement and Adopt Resolution Authorizing CityManager to Award Contract to Lowest Responsive Bidder ( 300,000) and Execute Change Orders ( 30,000)_(PW) Approved the plans and specifications and authorized advertisement for bids for the Lodi Lake Culvert Replacement and adopted Resolution No. 2023-233 authorizing the City Manager to award a contract to the lowest responsive bidder, in an amount not to exceed $300,000, and execute change orders in an amount not to exceed $30,000. C-35 Adopt Resolution Authorizing CityManager to Execute Additional Change Orders for Tony -L-pg Field Grandstand Seating and Press Box Replacement Improvements Project with A.M. Stephens Construction, Inc., of Lodi ( 269,703); Additional Change Orders ($230,297);Appropriate Funds ( 500,000); and Reallocating Funds from Grape Bowl Turf Project and Salas Park Parking Lot Savings (PW) Adopted Resolution No. 2023-234 authorizing the City Manager to execute additional change orders for the Tony Zupo Field Grandstand Seating and Press Box Replacement Improvements Project with A.M. Stephens Construction, Inc., of Lodi, in the amount of $269,703, and additional change orders in the amount of $230,297; appropriating funds in the amount of $500,000; and reallocating funds from the Grape Bowl Turf Project and the Salas Park Parking Lot savings. C-36 Set Public Hearing for November 1, 2023, to Consider Adopting Resolution Approving Revised Planning Division Related Fees for Fiscal Year 2023-2024 with Fees Effective Sixty Days Following Authorization of Resolution (CD). Set a public hearing for November 1, 2023, to consider adopting a resolution approving revised Planning Division related fees for Fiscal Year 2023-2024 with fees effective sixty days following authorization of the resolution. C-37 Set Public Hearing for November 1, 2023, to Consider Resolution Amending General Plan Map from Industrial ("M") to General Commercial ("GC"), and Consider Introduction of Ordinance Amending Zoning Map from Industrial ("M") to General Commercial (=) or Approximately 0.76 Acres at 141 East Harney Lane, Lodi, APN: 062-410-35 (Applicant: DN Acquisitions, File Numbers: PL2023-024 and PL2023-025; CEQA Determination: Exempt per California Environmental Quality Act ("CEQA") Guidelines Section 15061(b).(3) — Common Sense Exemption) -(CD) Set a public hearing for November 1, 2023, to consider a resolution amending the General Plan Map from Industrial ("M") to General Commercial ("GC"), and consider introduction of an ordinance amending the Zoning Map from Industrial ("M") to General Commercial ("GC") for approximately 0.76 acres at 141 East Harney Lane, Lodi, APN: 062-410-35; Applicant: DN Acquisitions, File Numbers: PL2023-024 and PL2023-025. C-38 Set Public Hearing for November 1, 2023, to Consider Resolution Amending General Plan Map from Medium Density Residential ("MDR") to High Density Residential ("HDR"), and Consider Introduction of Ordinance Amending Zoning Map from Residential Medium Density_("RMD")to High Density Residential ("RHD")forApproximately 1.5 Acres at 2057 South Lower Sacramento Road, Lodi,_(APN: 058-030-06)_(Applicant: Harpreet Chaudhary, File Numbers: PL2023-019 and PL2023- 020; CEQA Determination: Mitigated Negative Declaration)_(CD) Set a public hearing for November 1, 2023, to consider a resolution amending the General Plan Map from Medium Density Residential ("MDR") to High Density Residential ("HDR"), and consider introduction of an ordinance amending the Zoning Map from Residential Medium Density ("RMD") to High Density Residential ("RHD") for approximately 1.5 acres at 2057 South Lower Sacramento Road, Lodi, APN: 058- 030-06; Applicant: Harpreet Chaudhary, File Numbers: PL2023-019 and PL2023-020. C-39 Set Public Hearing for November 1, 2023, to Consider Resolution Amending General Plan Map from Medium Density Residential ("MDR") to High Density Residential ("HDR"), and Consider Introduction of Ordinance Amending Zoning Map from Residential Medium Density_("RMD") to High Density Residential ("RHD") forApproximately 0.17 Acres (APN: 058-030-38)_(Applicant: City of Lodi, File Number: 2023-03 Z -GPA; CEQA Determination: Cal. Code of Regs. Title 14 Section 15304, Minor Alterations to Land)_(CD) Set a public hearing for November 1, 2023, to consider a resolution amending the General Plan Map from Medium Density Residential ("MDR") to High Density Residential ("HDR"), and consider introduction of an ordinance amending the Zoning Map from Residential Medium Density ("RMD") to High Density Residential ("RHD") for approximately 0. 17 acres, APN: 058-030-38; Applicant: City of Lodi, File Number: 2023-03 Z -GPA. D. Comments by the Public on Non -Agenda Items Mayor Hothi announced that due to the large number of speakers, the time for public comment would be limited to three minutes. June Aaker, a member of the public, spoke regarding the Lodi Committee on Homelessness's support of Inner City Action for the Access Center contract. John Ledbetter, a member of the public, spoke regarding the City partnering with and considering the opinion of the Lodi Committee on Homelessness. Kathryn Siddle, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Johnny Coughran, a member of the public, spoke and provided a supplemental document (filed) regarding support of Inner City Actions for the Access Center contract. Council Member Bregman suggested allowing each speaker four minutes, as each of the previous speakers had run over the three-minute limit. Council concurred with this recommendation. David Diskin, a member of the public, spoke and provided a supplemental document (filed) regarding support of Inner City Action for the Access Center contract. Doug Kuehne, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Mark Chandler, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Russ Hayward, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Thereza Coughran, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Kelly Older, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Nancy St. Clair, Lodi's Poet Laureate, spoke regarding support of Inner City Action for the Access Center contract. Mark Thielenhaus, of the Salvation Army, spoke regarding Salvation Army's readiness to operate the Access Center and addressed some of the concerns expressed by the prior speakers. John Braekenbury, of the Salvation Army, spoke regarding support of the Salvation Army for the Access Center contract. Barry Crall, of the Salvation Army, spoke regarding support of the Salvation Army for the Access Center contract. Laurie Crall, of the Salvation Army, spoke regarding support of the Salvation Army for the Access Center contract. Neil Adams, a member of the public, spoke regarding safety at the Lodi Lake Nature Area. Juan Gregel, of the Salvation Army, spoke regarding support of the Salvation Army for the Access Center contract. John Narvaez, of Salvation Army Hope Harbor, spoke regarding support for the Salvation Army for the Access Center contract. Mike Lusk, a member of the public, spoke regarding the Proposition 218 process for solid waste rates and provided a claim (filed) regarding the rates. Gary Kapic, a member of the public, spoke and provided a supplemental document (filed) regarding the City of Manteca's prior contract with Inner City Action and his support of Inner City Action for the Access Center contract. Donna Phillips, a member of the public, spoke regarding safety at Lodi Lake. Wayna Mehlhaff, a member of the public, spoke regarding safety at the Lodi Lake Nature Area Charlie Mehlhaff, a member of the public, spoke regarding safety at the Lodi Lake Nature Area. Tom Hampson, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Barbara Krengel, a member of the public, spoke regarding the Breakthrough Project's support of Inner City Action for the Access Center contract. Lisa McBride, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Linda Hammons, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Audrey Billingsly, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Kerri Beyer, a member of the public, spoke and provided a supplemental document (filed) regarding support of Inner City Action for the Access Center contract. Wesley Pinson, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Shannon Bowles, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Debbie L., a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Chris Young, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Suzie Endow, a member of the public, spoke regarding the Breakthrough Project's support of Inner City Action for the Access Center contract. Calvin Young, a member of the public, spoke regarding the collaboration of the Salvation Army and Inner City Action on the Access Center. Ellen Tanouye, a member of the public, spoke regarding the Breakthrough Project's support of Inner City Action for the Access Center contract. Nancy Mellor, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Temo Aguilar, of the Northern California Carpenters Union, spoke regarding the City's adoption of labor standards for future projects, including apprenticeship programs and medical insurance. Kathryn Corradi, a member of the public, spoke regarding support of the Salvation Army for the Access Center contract and the collaboration of the Salvation Army and Inner City Action. David Nefouse, a member of the public and City Attorney of Manteca, spoke regarding the City of Manteca and Inner City Action. Ernesto, a member of the public, spoke regarding support of Inner City Action for the Access Center contract. Caesar Trevino provided a claim for displacement from his residence on Main Street (filed) and spoke regarding support of Inner City Action for the Access Center contract. NOTE: Council Member Bregman left the dais at 9:41 p.m. and returned at 9:43 p.m. Mayor Hothi left the dais at 9:46 p.m. and returned at 9:51 p.m. E. Comments bythe City Council Members on Non -Agenda Items Mayor Hothi thanked the public for their comments and stated that he is proud of the progress the City has made so far on the Access Center and that he feels a mistake was made in switching from Inner City Action operating the Access Center. In response to Council Member Bregman, Major Mark Thielenhaus stated annual fundraising totals about $600,000, with grants providing about $200,000 in additional funds. Interim City Manager Keys and Major Thielenhaus clarified that the RFP called for City funding, not fundraising to support the work at the Access Center. Council Member Bregman thanked the public for their comments and provided his views on the decision for the operation of the Access Center. Mayor Pro Tempore Craig thanked the public for their comments and expressed her views on the decision on the operation of the Access Center. Council Member Nakanishi provided comments regarding his views on the decision on the operation of the Access Center. Interim City Manager Keys provided information regarding funding and grants. In response to Mayor Hothi, Community Development Director John Della Monica provided background information on the selection of Inner City Action for operation of the temporary Access Center. Mayor Hothi made a motion to approve the reconsideration of the past City Council action regarding the operation of the Access Center by the Salvation Army on a future City Council agenda. The motion failed for lack of a second. F. Comments bythe City Manager on Non -Agenda Items Interim City Manager Keys provided updates on City projects, thanked Council Member Bregman for taking him to the Chamber Ambassador meeting, stated he has an upcoming meeting with the development community regarding the Community Development Department processes, reminded Council of the upcoming City of Lodi employee recognition dinner, thanked the Electric Utility staff for hosting Public Power Week, congratulated Paul Alvarez on his retirement from the Fire Department, thanked Sylvia Dominguez for her work in the Risk Management Division, and recognized the staff in Community Development and Public Works during this busy time. NOTE: Council Member Yepez left the dais at 10:39 p.m. and returned at 10:43 p.m. G. Public Hearings — None H. Regular Calendar H-1 Adopt Resolution Approving Side Letter Agreement Between City of Lodi and Police Officers Association of Lodi to Provide Overtime Compensation to Officers Assigned as Motor Officers for Hours Spent on Cleaning and Maintenance of Motorcycle During Unscheduled Work Hours (HR) Human Resources Manager Adele Post provided a presentation regarding the side letter agreement with the Police Officers Association of Lodi to provide overtime compensation to officers assigned as Motor Officers for hours spent cleaning and maintaining their motorcycle during unscheduled work hours. Specific topics of discussion included background, auditor's findings, the meet and confer with the Police Officers Association of Lodi, and cost. Council Member Nakanishi made a motion, second by Council Member Bregman, to adopt Resolution No. 2023-235 approving a Side Letter Agreement between the City of Lodi and the Police Officers Association of Lodi to provide overtime compensation to officers assigned as Motor Officers for hours spent on cleaning and maintenance of motorcycle during unscheduled work hours. 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-2 Update on June 30, 2022 CalPERS Actuarial Reports (CM) Interim City Manager Keys provided a PowerPoint presentation regarding the update on the June 30, 2022 CaIPERS Actuarial Report. Specific topics of discussion included background, update on pension funded status, and year -over -year changes. H-3 Receive Presentation on the 2024 Lodi Lake Southside Improvement Project and Request Direction on Alternative Construction Schedules (PW) Deputy Public Works Director/City Engineer Sean Nathan provided a PowerPoint presentation regarding the 2024 Lodi Lake Improvement Project. Specific topics of discussion included overview, background of Lodi Lake, overview of project components, and construction schedule options. Discussion ensued with Mayor Hothi, Deputy Public Works Director Nathan, and Interim City Manager Keys regarding accommodations for annual events scheduled in May and June. Discussion ensued with Mayor Pro Tempore Craig and Deputy Public Works Director Nathan regarding the differential in costs for the different options. Discussion ensued with Council Member Yepez and Deputy Public Works Director Nathan regarding the construction items which may not be completed by May. Interim City Manager Keys reminded Council that the allocation does not currently meet the project estimate. Discussion ensued with Mayor Pro Tempore Craig and Deputy Public Works Director Nathan regarding bidding now to compare the costs of the different timing options. Discussion ensued with Mayor Hothi and Deputy Public Works Director Nathan regarding paving improvements to the entrance of Lodi Lake. Council Member Bregman made a motion, second by Mayor Pro Tempore Craig, to approve Option 1 for the winter construction of the 2024 Lodi Lake Southside Improvement 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 Vote to Continue City Council Meeting Past 11:00 P.M. Council Member Bregman made a motion, second by Mayor Hothi, to approve the continuance of the City Council meeting past 11:00 p.m. 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-4 Adopt Resolution Appointing Katie O. Lucchesi to the Position of City Attorney and Approving Related Employment Agreement (HR) Adele Post provided a presentation regarding the appointment of Katie O. Lucchesi to the position of City Attorney. Specific topics of discussion included the Blue Sheet of the contract, information having been previously provided to Council during Closed Session, and effective date of October 19, 2023. David Nefouse, a member of the public and City Attorney for City of Manteca, stated that he supports Ms. Lucchesi's appointment to the position of City Attorney. Mayor Pro Tempore Craig made a motion, second by Council Member Bregman, to adopt Resolution No. 2023-236 appointing Katie O. Lucchesi to the position of City Attorney and approving related Employment Agreement per the Blue Sheet provided. VOTE: The above motion carried by the following vote: Ayes: Council Member Bregman, Council Member Nakanishi, Mayor Pro Tempore Craig, and Mayor Hothi Noes: Council Member Yepez Absent: None Ordinances 1-1 Adopt Ordinance No. 2018 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 —Administration and Personnel —Chapter 2.12, `City Manager,' by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority for Utility Inventory Purchases" (CLK) City Clerk Nashed provided a brief report on the item. Council Member Bregman made a motion, second by Council Member Yepez to (following reading of the title) waive reading of the ordinance in full and adopt and order to print Ordinance No. 2018 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 -Administration and Personnel - Chapter 2.12, 'City Manager,' by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority for Utility Inventory Purchases," which was introduced at a regular meeting of the Lodi City Council held September 6, 2023. 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 Adjournment There being no further business to come before the City Council, the meeting was adjourned at 11:14 p.m. ATTEST: Olivia Nashed City Clerk