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City Council

September 18, 2024 ·7:00 PM Final

Carnegie Forum 305 West Pine Street, Lodi

Agenda — 61 items

  1. C-1 Call to Order / Roll Call
  2. C-2 Announcement of Closed Session
  3. 2 The City Council Closed Session meeting of September 18, 2024, was called to order by Mayor Craig at 6:19 p.m. Present: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Absent: None Also Present: City Manager Carney, City Attorney Lucchesi, and City Clerk Nashed Council Member Yepez participated in the meeting via teleconference.
  4. a) Conference on Labor Negotiations Regarding International Brotherhood of Electrical Workers, 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, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees, Pursuant to Government Code § 54957.6 (HR)
  5. b) Public Employee Performance Evaluation: One Appointed Position - City Attorney, Pursuant to Government Code § 54957 (CA)
  6. C-3 Adjourn to Closed Session
  7. 6 6:55 p.m. Invocation/Call to Civic Responsibility.
  8. 7 NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.
  9. 7 At 6:20 p.m., Mayor Craig adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:12 p.m.
  10. C-4 Return to Open Session / Disclosure of Action
  11. A. Call to Order / Roll Call
  12. 9 At 7:12 p.m., Mayor Craig reconvened the City Council meeting, and City Attorney Lucchesi disclosed that there was no reportable action.
  13. B. Presentations
  14. B.1 Certificates of Recognition for Fire, Police, Public Works, and Electric Utility Staff for Their Outstanding Response During the September 1, 2024 Fires (CLK) 24-402
  15. 11 The Regular City Council meeting of September 18, 2024, was called to order by Mayor Craig at 7:17 p.m. Present: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Absent: None Also Present: City Manager Carney, City Attorney Lucchesi, and City Clerk Nashed Council Member Yepez particpated in the meeting via teleconference.
  16. B.2 Present a Proclamation Proclaiming September 17, 2024 as Constitution Day (CLK) 24-403
  17. C. Consent Calendar (Reading; Comments by the Public; Council Action)
  18. C.1 Receive and File Monthly Financial Report and Register of Claims Pursuant to Government Code Section 41004 (FIN) 24-357
  19. 14 Mayor Craig presented Certificates of Recognition to Fire Chief Ken Johnson, Police Chief Ricardo Garcia, Public Works Director Charlie Swimley, and Electric Utility Director Jeff Berkheimer in recognition of Fire, Police, Public Works, and Electric Utility staff for their outstanding response during the September 1, 2024 fires.
  20. C.2 Adopt a Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with California Consulting Inc., of El Segundo, for Grant Writing and Administration Services, by Extending the Term Through September 30, 2027, and Increasing Allocated Funds By $180,000 (Total Contract Not to Exceed $240,000) (CM) 24-382
  21. C.3 Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc., a Colorado Corporation, for Contract Planning Services to add $26,000, for a Total Amount Not to Exceed $216,000 and Ratify the Payment of Fiscal Year 2023-24 Invoices (CD) 24-339
  22. 16 Mayor Craig presented a proclamation to Susan Bartman, Executive Director of the San Joaquin County Bar Association, proclaiming September 17, 2024 as Constitution Day in the City of Lodi.
  23. C.4 Adopt a Resolution Authorizing City Manager or Designee to Execute Professional Services Agreement with United Site Services, Inc. of California for Portable Restroom Services at Various City Parks ($66,826.21) (PRCS) 24-348
  24. C.5 Adopt a Resolution Authorizing City Manager to Execute Five-Year Contract with SEL Engineering Services, Inc. of Pullman, WA for Substation System Electrical Maintenance Support ($695,055) (EU) 24-372
  25. 18 Mayor Pro Tempore Bregman 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. Present: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Absent: None Also Present: City Manager Carney, City Attorney Lucchesi, and City Clerk Nashed ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes).
  26. C.6 Adopt a Resolution Accepting and Attesting to Veracity of 2023 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and Authorizing Electric Utility Director to Submit Required Reports to California Energy Commission (EU) 24-373
  27. C.7 Adopt a Resolution Authorizing City Manager to Execute Lease Agreement with the Judicial Council of California for Lodi Branch Court Department 1, 215 West Elm Street (PW) 24-310
  28. 20 Received and filed the monthly Financial Report and Register of Claims pursuant to Government Code Section 41004. Claims were approved in the amount of $15,677,867.32.
  29. C.8 Adopt a Resolution Authorizing City Manager to Execute Amendment No. 4 (Revised) to Task Order No. 49 with West Yost & Associates, Inc of Davis, for Fiscal Year 2024/25 and Fiscal Year 2025/26 Regulatory Engineering Services at White Slough Water Pollution Control Facility (PW) 24-364
  30. C.9 Adopt a Resolution Accepting the Lumina Subdivision, Unit No. 2, Tract No. 4125, Public Improvements (PW) 24-370
  31. 22 Adopted Resolution No. 2024-145 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with California Consulting, Inc., of El Segundo, for grant writing and administration services, by extending the term Through September 30, 2027, and increasing allocated funds by $180,000, for a total contract amount not to exceed $240,000.
  32. C.10 Acknowledge the 2024 Local Agency Biennial Notice and Adopt a Resolution Approving Draft Amendments to the City’s Conflict of Interest Code for the 2024 Calendar Year Pursuant to Government Code Section 87306.5 (CA) 24-366
  33. C.11 Set a Public Hearing for October 2, 2024 to Consider an Ordinance Amending Lodi Municipal Code Chapter 8.04 “Outdoor and Tent Assemblies,” Chapter 9.08 Article II “Trespassing And Loitering,” Section 12.04.010 “Definitions Section 12.04.060 “Required,” Section 12.12.010 “Definitions,” Section 12.12.050 “Entering Closed Areas,” Section 12.12.170 “Structures,” Section 12.12.255 “Lodi Lake Nature Area-Prohibited Activities,” Section 12.12.420 “Skate Park Regulations,” Section 12.12.430 “Violations,” and Chapter 15.52 Camp Cars and Trailer Camps to Regulate Unauthorized Camping in the City (CD) 24-379
  34. 24 Adopted Resolution No. 2024-146 authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc., a Colorado Corporation, for contract planning services to add $26,000, for a total amount not to exceed $216,000 and ratifying the payment of Fiscal Year 2023-24 invoices.
  35. D. Comments by the Public on Non-Agenda Items
  36. 26 THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
  37. 26 Adopted Resolution No. 2024-147 authorizing the City Manager or designee to execute a Professional Services Agreement with United Site Services, Inc., of California for portable restroom services at various City parks, in the amount of $66,826.21.
  38. E. Comments by the City Council Members on Non-Agenda Items
  39. F. Public Hearings
  40. 28 Adopted Resolution No. 2024-148 authorizing the City Manager to execute a five-year contract with SEL Engineering Services, Inc., of Pullman, Washington, for substation system electrical maintenance support, in the amount of $695,055.
  41. F.1 Public Hearing to Adopt a Resolution Approving the 2023-24 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (CD) 24-367
  42. G. Regular Calendar
  43. 30 Adopted Resolution No. 2024-149 accepting and attesting to the veracity of the 2023 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and authorizing the Electric Utility Director to submit the required reports to the California Energy Commission.
  44. G.1 Adopt a Resolution to Revise the Salary Range for the Position of Assistant City Attorney (HR) 24-376
  45. G.2 Adopt a Resolution Approving Amendment No. 1 to the City Attorney Employment Agreement to Increase the City Attorney’s Base Salary, Consistent with Article 7 (a) of the Employment Contract, effective September 30, 2024 (HR) 24-377
  46. 32 Adopted Resolution No. 2024-150 authorizing the City Manager to execute a Lease Agreement with the Judicial Council of California for the Lodi Branch Court Department 1, 215 West Elm Street.
  47. H. Ordinances - None
  48. I. Adjournment
  49. 34 Adopted Resolution No. 2024-151 authorizing the City Manager to execute Amendment No. 4 (Revised) to Task Order No. 49 with West Yost & Associates, Inc., of Davis, for Fiscal Year 2024/25 and Fiscal Year 2025/26 regulatory engineering services at White Slough Water Pollution Control Facility.
  50. 35 ----------------------------------------------------------------------------------------------------------------------------------------------------- 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 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 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 72 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/. -----------------------------------------------------------------------------------------------------------------------------------------------------
  51. 36 Adopted Resolution No. 2024-152 accepting the Lumina Subdivision, Unit No. 2, Tract No. 4125, public improvements.
  52. 38 Acknowledged the 2024 Local Agency Biennial Notice and adopted Resolution No. 2024-153 approving draft amendments to the City’s Conflict of Interest Code for the 2024 Calendar Year pursuant to Government Code Section 87306.5.
  53. 40 Set a public hearing for October 2, 2024 to consider an ordinance amending Lodi Municipal Code Chapter 8.04 “Outdoor and Tent Assemblies,” Chapter 9.08 Article II “Trespassing And Loitering,” Section 12.04.010 “Definitions Section 12.04.060 “Required,” Section 12.12.010 “Definitions,” Section 12.12.050 “Entering Closed Areas,” Section 12.12.170 “Structures,” Section 12.12.255 “Lodi Lake Nature Area-Prohibited Activities,” Section 12.12.420 “Skate Park Regulations,” Section 12.12.430 “Violations,” and Chapter 15.52 "Camp Cars and Trailer Camps" to regulate unauthorized camping in the City.
  54. 42 Kenny Dunnihoo
  55. 47 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Craig called for the public hearing to consider a resolution approving the 2023-24 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report. Neighborhood Services Manager Jennifer Rhyne provided a PowerPoint presentation regarding the 2023-24 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report. Specific topics of discussion included ______________________. Mayor Craig opened the public hearing for public comment at 8:09 p.m. There being no public comments, Mayor Craig closed the public hearing at 8:09 p.m.
  56. 48 Mayor Pro Tempore Bregman made a motion, second by Council Member Nakankishi, to adopt Resolution No. 2024-154 approving the 2023-24 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER). VOTE: The above motion carried by the following vote: Ayes: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Noes: None Absent: None ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes).
  57. 51 _____ provided a presentation regarding revision of the salary range for the position of Assistant City Attorney. Specific topics of discussion included _______.
  58. 52 Mayor Pro Tempore Bregman made a motion, second by Council Member Hothi, to adopt Resolution No. 2024-155 to revise the salary range for the position of Assistant City Attorney. VOTE: The above motion carried by the following vote: Ayes: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Noes: None Absent: None ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes).
  59. 54 ________ provided a presentation regarding Amendment No. 1 to the City Attorney Employment Agreement to increase the City Attorney’s base salary, consistent with Article 7 (a) of the Employment Contract, effective September 30, 2024. Specific topics of discussion included ________.
  60. 55 Mayor Pro Tempore Bregman made a motion, second by Council Member Hothi, to adopt Resolution No. 2024-156 Approving Amendment No. 1 to the City Attorney Employment Agreement to increase the City Attorney’s base salary, consistent with Article 7 (a) of the Employment Contract, effective September 30, 2024. VOTE: The above motion carried by the following vote: Ayes: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Noes: None Absent: None ROLL CALL VOTE The City Council held a ROLL CALL vote (all voiced their votes).
  61. 58 There being no further business to come before the City Council, the meeting was adjourned at 8:17 p.m. ATTEST: Olivia Nashed City Clerk