docketcity.com

City Council - Special

April 9, 2025 ·2:00 PM Final

Carnegie Forum 305 W. Pine Street

Agenda — 13 items

  1. A. Call to Order / Roll Call
  2. B. Announcement of Closed Session
  3. 2 The City Council Closed Session meeting of April 9, 2025, was called to order by Mayor Bregman at 2:12 p.m. Present: Council Member Craig Hensley, Council Member Hothi, Council Member Nakanishi, Mayor Pro Tempore Yepez, and Mayor Bregman Absent: None Also Present: City Manager Carney, City Attorney Lucchesi, and City Clerk Nashed
  4. B.1 Public Employee Performance Evaluation – Regarding One Position – City Manager Pursuant to Government Code § 54957.
  5. B.2 Public Employee Potential Discipline/Dismissal Release Pursuant to Government Code § 54957.
  6. C. Adjourn to Closed Session
  7. D. Return to Open Session / Disclosure of Action
  8. E. Adjournment
  9. 7 Following the announcement of Closed Session agenda items, Mayor Bregman announced one item was being considered for removal from the agenda. In response to Mayor Bregman, Council Member Hothi stated he would prefer to hear public comment before making a determination. In response to Mayor Bregman, City Attorney Lucchesi confirmed public comment could be received for both items at this time. Mayor Bregman called for public comment and announced that due to the number of individuals wanting to speak, the time would be limited to two minutes per speaker. Ron Heberle, a member of the public, spoke regarding the comments made by City Manager Carney at the April 1, 2025 Special Council Meeting, which he felt were inappropriate and in violation of the Brown Act. Mark Chandler, former Council Member and Mayor, spoke against the removal of the City Manager. In response to Mayor Bregman, City Attorney Lucchesi stated the comment time could be raised to three minutes, as long as all speakers have the same opportunity. Mr. Heberle returned to the podium for the additional minute of allotted speaking time. He spoke in favor of replacing the City Manager. Kathryn Corradi, a member of the public, spoke regarding the manner in which City Manager Carney brought forth his accusation and the need for a forensic audit to investigate the allegations. Jeffrey Kirst, a member of the public, spoke against the removal of the City Manager. Annette McKay, a member of the public, spoke against the removal of the City Manager. Kenneth Wheeler, a member of the public, spoke against the removal of the City Manager. Kelly Olds, a member of the public, spoke against the removal of the City Manager. John Slaughterback, a member of the public, spoke against the removal of the City Manager and stated if things are not handled properly, he will file a complaint with the San Joaquin Grand Jury and Attorney General. Bob Colarossi, a Hutchins Street Square Foundation member, former member and chairperson of the Lodi Chamber of Commerce, and member of the City Manager search committee, spoke regarding making an unbiased decision following investigation and a financial audit. Chris Podesto, a member of the public, spoke against the removal of the City Manager and stated the allegations need to be investigated. Ryan Ranchhod, of American Hospitality Services, spoke regarding the current instability in leadership is putting the shared goal of Lodi development and revitalization at risk and urged the Council to listen to the voices of residents, taxpayers, and business leaders as they make their decision. Denise Wiman, a retired City employee, spoke regarding the lack of transparency provided and disregard of protocol by the City Manager. Jim Hicks, a member of the public, spoke regarding the need to investigate the allegations and the public perception of Lodi and urged Council to exercise caution and not make a hasty decision. Carol Jones, a member of District 2, spoke against the removal of the City Manager. JP Doucette, President of the Lodi Chamber of Commerce, spoke regarding the 250 letters sent to Council regarding the holding of a public comment period prior to the Closed Session meeting and the call for transparency in seeing the forensic audits; the need for future outside forensic audits; and the removal of the City Manager's potential impact in the City's development momentum. Alex Aliferis, a member of the public, spoke regarding whistle-blower protection and against the removal of the City Manager. An unidentified member of the public spoke regarding against the removal of the City Manager. Mayor Bregman closed public comment at 2:56 p.m. Council Member Craig-Hensley stated that she was not speaking on behalf of any other Council Members. She spoke regarding her standard criteria on performance evaluations, the duties of the City Manager, the goal of the City to create a fiscal structure to accomplish the Council's strategic priorities, and fiscal transparency. Council Member Nakanishi spoke regarding Council's knowledge of the issues addressed in City Manager Carney's statement, inability to discuss it at a meeting without it being agendized, his support for a forensic audit, items handled in Closed Session, Brown Act's prevention of discussion in open session, and the need for more information for an evaluation. City Manager Carney stated that he looked forward to the opportunity to speak to Council in Closed Session and spoke regarding the ability to invest in Lodi's future by providing the transparency, accountability and resources needed to remedy the deficiencies and support the many earnest employees who want to deliver efficient and proper stewardship. Mayor Bregman spoke regarding good leadership and his personal top performance evaluation criteria for Council appointees being ethics. At 3:05 p.m., Mayor Bregman adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 4:30 p.m.
  10. 8 ----------------------------------------------------------------------------------------------------------------------------------------------------- All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. Agendas and staff reports are also posted on the City’s website at www.lodi.gov. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 24 hours prior to the meeting date. Language interpreter requests must be received at least 24 hours in advance of the meeting to help ensure availability. Contact Olivia Nashed at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 24 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (209) 333-6702. ----------------------------------------------------------------------------------------------------------------------------------------------------- Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link. Members of the public may view and listen to the open session of this meeting at www.facebook.com/CityofLodi/. -----------------------------------------------------------------------------------------------------------------------------------------------------
  11. 9 At 4:30 p.m., Mayor Bregman reconvened the City Council meeting. Outside Counsel, Adam Lindgren, of Meyers-Nave, introduced himself and disclosed that Council did not conduct the City Manager evaluation and did not consider dismissal of the City Manager. The City Council did review briefly and discuss the statements made by Mr. Carney at the April 1, 2025 Council meeting warrant and deserve careful consideration and the City will be hiring outside counsel to investigate the statements that Mr. Carney made. Council also gave direction on a three-two vote, with Council Member Craig-Hensley and Council Member Nakanishi dissenting, to place Mr. Carney on a temporary administrative leave while Council looks into those issues. Council further gave direction that it would be meeting on Friday morning to consider the further issue of who would serve as Acting City Manager during Mr. Carney's leave. The Council took no other reportable actions and concluded its discussions this afternoon. Mayor Bregman reiterated that the City will have a third-party investigation, which the Council hopes to have completed in a timely manner.
  12. 11 There being no further business to come before the City Council, the meeting was adjourned at 4:30 p.m.
  13. 12 ATTEST: Olivia Nashed City Clerk