docketcity.com
Home › Lodi › Meetings

City Council

May 1, 2024 ·7:00 PM Final

Carnegie Forum 305 West Pine Street, Lodi

Agenda PDF Official record ↗

Agenda — 83 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 May 1, 2024, was called to order by Mayor Craig at 6:35 p.m. Present: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Absent: None Also Present: Interim City Manager Keys, City Attorney Lucchesi, and City Clerk Nashed
  4. a) Public Employment – Regarding One Position – Recruitment of City Manager Pursuant to Government Code §54957 (CA)
  5. C-3 Adjourn to Closed Session
  6. 5 6:55 p.m. Invocation/Call to Civic Responsibility.
  7. 6 NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.
  8. 6 At 6:35 p.m., Mayor Craig adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:59 p.m.
  9. C-4 Return to Open Session / Disclosure of Action
  10. A. Call to Order / Roll Call
  11. 8 At 7:03 p.m., Mayor Craig reconvened the City Council meeting, and City Attorney Lucchesi disclosed that there was no reportable action.
  12. B. Presentations
  13. B.1 Certificate of Recognition for the Lodi Electric Utility Rodeo Team (CLK) 24-216
  14. 10 The Regular City Council meeting of May 1, 2024, was called to order by Mayor Craig at 7:07 p.m. Present: Council Member Hothi, Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig Absent: None Also Present: Interim City Manager Keys, City Attorney Lucchesi, and City Clerk Nashed
  15. B.2 Presentation of Proclamation Proclaiming the Month of May 2024, as “Watershed Awareness Month” in Lodi (PW) 24-200
  16. B.3 Presentation of Proclamation Proclaiming the Week of April 28 - May 4, 2024 as National Small Business Week in Lodi (CM) 24-217
  17. B.4 Presentation of Proclamation Proclaiming the Week of May 5 - 11, 2024, as “Municipal Clerks Week” in Lodi (Mayor) 24-207
  18. 13 Mayor Craig presented a Certificate of Recognition to Electric Utility Superintendent Tim Combs, Construction and Maintenance Supervisor Jeremy Barlow, and team members recognizing the performance of the Lodi Electric Utility Rodeo Team at the recent American Public Power Association National Lineworkers Rodeo in Lafayette, Louisiana.
  19. C. Consent Calendar (Reading; Comments by the Public; Council Action)
  20. C.1 Receive Register of Claims for March 1, 2024 through April 11, 2024 in the Total Amount of $14,955,904.52 (FIN) 24-195
  21. 15 Mayor Craig presented a proclamation to Watershed Program Coordinator Kathy Grant proclaiming the month of May 2024 as Watershed Awareness Month in the City of Lodi.
  22. C.2 Adopt a Resolution Approving the Fees Associated with The Business License Registration Program (FIN) 24-194
  23. C.3 Approve Specifications and Authorize Advertisement for Bids for Directional Boring, Excavation, and Conduit Installation July 1, 2024 - June 30, 2029 (EU) 24-198
  24. 17 Mayor Craig presented a proclamation to Monica Valenzuela, of Super Tortas Chilangas, and Marco Chavez, of Casa Flores, proclaiming the week of April 28 - May 4, 2024 as National Small Business Week in the City of Lodi.
  25. C.4 Adopt a Resolution Accepting Lodi Electric Utility 2024 Wildfire Mitigation Plan (EU) 24-196
  26. C.5 Adopt a Resolution for the Purchase of an Armored Tactical Vehicle (BearCat) from Lenco Industries of Pittsfield, Massachusetts, and Appropriating Funds ($390,000) (PD) 24-206
  27. 19 Mayor Craig presented a proclamation to City Clerk Olivia Nashed and Deputy City Clerk Maria Ditmore proclaiming the week of May 5 - 11, 2024, as Municipal Clerks Week in the City of Lodi.
  28. C.6 Adopt a Resolution Ratifying the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2024/25 (PW) 24-202
  29. C.7 Adopt a Resolution Accepting the Lumina Subdivision, Unit No. 1, Tract No. 4121, Public Improvements (PW) 24-184
  30. 21 Mayor Pro Tempore Bregman made a motion, second by Council Member Nakanishi, to approve the following items hereinafter set forth, in accordance with the report and recommendation of the City Manager. 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
  31. C.8 Adopt a Resolution Authorizing Interim City Manager to Execute Amendment No. 5 to 2019-2021 Standby Generators Maintenance, Repair, and Rental to Holt of California, of Pleasant Grove (PW) 24-188
  32. C.9 Adopt a Resolution Authorizing Amendment No. 2 for 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 with Odyssey Landscape Company, Inc. of Lodi and Increase City Manager’s Change Order Authority ($690,000) (PW) 24-190
  33. 23 Claims were approved in the amount of $14,955,904.52.
  34. C.10 Adopt a Resolution Authorizing Increase of City Manager’s Change Order Authority by $400,000 to Execute Contract Amendment No. 2 for 2021-2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim (PW) 24-191
  35. C.11 Adopt a Resolution Authorizing Interim City Manager to Execute Amendment No. 3 for the 2021-2022 Asphalt Materials Contract with George Reed, Inc., of Modesto ($60,000) (PW) 24-192
  36. 25 This item was pulled at the request of Mayor Pro Tempore Bregman and Mayor Craig. In response to Mayor Pro Tempore Bregman and Mayor Craig, Interim City Manager Keys provided information regarding the Business License Registration Program. Mayor Pro Tempore Bregman spoke regarding the need for the information obtained through the Business License Registration Program. This item was included in the vote on the Consent Calendar. Adopted Resolution No. 2024-62 approving the fees associated with the Business License Registration Program.
  37. C.12 Accept Improvements Under Contract for Fire Station 3 and Fire Station 4 Security Gates and Generator Project (PW) 24-182
  38. C.13 Accept Improvements Under Contract for Lodi Lake Culvert Replacement (PW) 24-183
  39. 27 Approved the specifications and authorized advertisement for bids for directional boring, excavation, and conduit installation for July 1, 2024 - June 30, 2029.
  40. C.14 Receive and File Monthly Financial Report for March 2024 (FIN) 24-179
  41. C.15 First Quarter Calendar Year 2024 City Council’s Strategic Vision Priorities and Milestone Updates (CM) 24-201
  42. 29 Adopted Resolution No. 2024-63 accepting the Lodi Electric Utility 2024 Wildfire Mitigation Plan.
  43. C.16 Appoint Mark Chandler, Mona Shulman, Stephen Griswold, Russell Munson, Monica Valenzuela, William Herrin, and Clifford Lenzi to the Economic Development Ad Hoc Committee, Lyndsy Davis and Brian Shirk to the Lodi Improvement Committee, and Michael Collins to the San Joaquin Council of Governments Citizens’ Advisory Committee (CLK) 24-204
  44. C.17 Set a Public Hearing for May 15, 2024, to Consider Certification of the Final Environmental Impact Report (SCH #2019029095) for the Lakehouse Mixed Use Development project, to Consider a Resolution Amending the General Plan Map from Industrial to Mixed Use Center, and Consider Introducing an Ordinance Amending the Zoning Map from Industrial (“M”) to Mixed Use Center (“MCE”) for approximately 9.0 acres (APNs: 015-640-03, 115-064-09, 115-064-10) (Applicant: 157 California Reserve, Inc., File Numbers: PL2021-030 GPA, PL2021-031 Z, and PL2021-029; CEQA Determination: An Environmental Impact Report (“EIR”) has been prepared pursuant to Section 15021 of the CEQA Guidelines) (CD) 24-176
  45. 31 This item was pulled at the request of Mayor Craig. In response to Mayor Craig, Police Chief Ricardo Garcia provided information regarding the condition of the Police Department's current armored tactical vehicle, safety concerns related to the lack of a working armored tactical vehicle, and the estimated delivery time of one year for a new vehicle. This item was included in the vote on the Consent Calendar. Adopted Resolution No. 2024-64 for the purchase of an armored tactical vehicle (BearCat) from Lenco Industries, of Pittsfield, Massachusetts, and appropriating funds in the amount of $390,000.
  46. C.18 Set a Public Hearing, for May 15, 2024, to Consider Waiving the First Reading and Introducing an Ordinance to repeal and replace Lodi Municipal Code Chapter 2.04 “City Council Meetings” in its entirety (CLK) 24-210
  47. D. Comments by the Public on Non-Agenda Items - None
  48. 33 This item was pulled at the request of Council Member Nakanishi. Public Works Director Charlie Swimley introduced San Joaquin Council of Governments (SJCOg) Deputy Executive Director/Chief Financial Officer Steve Dial, who was in attendance through Zoom. In response to Council Member Nakanishi, Mr. Dial provided information regarding the SJCOG Annual Financial Plan. In response to Council Member Nakanishi, Interim City Manager Keys and Mayor Craig clarified that the City does not contribute funds to SJCOG. This item was included in the vote on the Consent Calendar. Adopted Resolution No. 2024-65 ratifying the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2024/25.
  49. 34 THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
  50. E. Comments by the City Council Members on Non-Agenda Items
  51. 35 Adopted Resolution No. 2024-66 accepting the Lumina Subdivision, Unit No. 1, Tract No. 4121, public improvements.
  52. F. Comments by the City Manager on Non-Agenda Items
  53. 37 page break
  54. 37 Adopted Resolution No. 2024-67 authorizing the Interim City Manager to execute Amendment No. 5 to 2019-2021 Standby Generators Maintenance, Repair, and Rental contract with Holt of California, of Pleasant Grove.
  55. G. Public Hearings
  56. G.1 Public Hearing to Consider Adopting a Resolution Approving the 2024-2028 Consolidated Plan and 2024-2025 Annual Action Plan for the Community Development Block Grant Program (CD) 24-174
  57. 39 Adopted Resolution No. 2024-68 authorizing Amendment No. 2 to the contract for 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 with Odyssey Landscape Company, Inc., of Lodi, and increasing the City Manager’s change order authority, in the amount of $690,000.
  58. H. Regular Calendar
  59. H.1 Presentation of the Future Lodi Shooting Range and Training Facility Update (PD) 24-172
  60. 41 Adopted Resolution No. 2024-69 authorizing an increase of the City Manager’s change order authority by $400,000 to execute Contract Amendment No. 2 for the 2021-2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim.
  61. H.2 Receive Information Regarding Multi-Family Billing Options for Solid Waste Collection Services for Multi-Family Properties and Provide Direction to Proceed; and Receive Information Regarding Multi-Family Water Metering (PW) 24-193
  62. H.3 Adopt a Resolution Appointing Scott Carney to the Position of City Manager and Approving the Related Employment Agreement (Mayor) 24-209
  63. 43 Adopted Resolution No. 2024-70 authorizing the Interim City Manager to execute Amendment No. 3 for the 2021-2022 Asphalt Materials contract with George Reed, Inc., of Modesto, in the amount of $60,000.
  64. I. Ordinances - None
  65. J. Adjournment
  66. 45 Accepted the improvements under the contract for the Fire Station 3 and Fire Station 4 Security Gates and Generator Project.
  67. 46 ----------------------------------------------------------------------------------------------------------------------------------------------------- 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/. -----------------------------------------------------------------------------------------------------------------------------------------------------
  68. 47 Accepted the improvements under the contract for the Lodi Lake Culvert Replacement.
  69. 49 Received and filed the Monthly Financial Report for March 2024.
  70. 51 This item was pulled at the request of Mayor Pro Tempore Bregman. Mayor Pro Tempore Bregman spoke regarding the importance of the Council's Strategic Vision. This item was included in the vote on the Consent Calendar. Received the First Quarter Calendar Year 2024 City Council’s Strategic Vision Priorities and Milestone Updates.
  71. 53 This item was initially pulled by Mayor Pro Tempore Bregman, with Mayor Craig stating that for the benefit of the public, details should be provided regarding the purpose of the new Economic Development Ad Hoc Committee. In response to Mayor Craig, Economic Development Director Luis Aguilar provided information regarding the role of the Economic Development Ad Hoc Committee. This item was included in the vote on the Consent Calendar. Directed the City Clerk to make the following appointments and post for the following vacancies and expiring terms. APPOINTMENTS: Economic Development Ad Hoc Committee Mark Chandler – Term to expire May 1, 2026 Mona Shulman – Term to expire May 1, 2026 Stephen Griswold – Term to expire May 1, 2026 Russell Munson – Term to expire May 1, 2026 Monica Valenzuela – Term to expire May 1, 2026 William Herrin – Term to expire May 1, 2026 Clifford Lenzi – Term to expire May 1, 2026 Lodi Improvement Committee Lyndsy Davis – Term to expire March 1, 2027 Brian Shirk – Term to expire March 1, 2027 San Joaquin Council of Governments Citizens’ Advisory Committee Michael Collins – Term to expire January 1, 2027 Following approval of the Consent Calendar, Deputy City Clerk Maria Ditmore administered the Oath of Office to Mark Chandler, Mona Shulman, Stephen Griswold, Russell Munson, Monica Valenzuela, William Herrin, and Clifford Lenzi, appointees to the Economic Development Ad Hoc Committee; Lyndsy Davis and Brian Shirk, appointees to the Lodi Improvement Committee; and Michael Collins, appointee to the San Joaquin Council of Governments Citizens’ Advisory Committee.
  72. 55 This item was pulled at the request of Council Member Nakanishi. In response to Council Member Nakanishi, Community Development Director John Della Monica provided information regarding the timeline for the project. Interim City Manager Keys clarified that the item is to set a public hearing and not to approve the project. This item was included in the vote on the Consent Calendar. Set a public hearing for May 15, 2024, to consider certification of the Final Environmental Impact Report (SCH #2019029095) for the Lakehouse Mixed Use Development project, to consider a resolution amending the General Plan Map from Industrial to Mixed Use Center, and consider introducing an ordinance amending the Zoning Map from Industrial (“M”) to Mixed Use Center (“MCE”) for approximately 9.0 acres (APNs: 015-640-03, 115-064-09, 115-064-10) (Applicant: 157 California Reserve, Inc., File Numbers: PL2021-030 GPA, PL2021-031 Z, and PL2021-02).
  73. 57 Set a public hearing, for May 15, 2024, to consider waiving the first reading and introducing an ordinance to repeal and replace Lodi Municipal Code Chapter 2.04 “City Council Meetings” in its entirety.
  74. 60 Mayor Pro Tempore Bregman, Council Member Nakanishi, Council Member Hothi, Council Member Yepez, and Mayor Craig thanked Interim City Manager Keys for his leadership of the City. Mayor Craig requested information on how local small businesses are considered in the City's procurement process. Mayor Craig spoke regarding the comments she has received from local nonprofits regarding the significant increase in insurance coverage required for the use of City facilities and public spaces for events and asked that a response be provided from Risk Management or the City Attorney's office.
  75. 62 Interim City Manager Keys thanked Council for their expressions of appreciation and for the opportunity to serve as Interim City Manager. He provided the Strategic Imperatives update and thanked JP Doucette, President of the Lodi Chamber of Commerce, and Economic Development Director Luis Aguilar for their assistance in organizing Lodi's first Business Walk as part of Small Business Week.
  76. 65 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 approving the 2024-2028 Consolidated Plan and 2024-2025 Annual Action Plan for the Community Development Block Grant Program. Community Development Director John Della Monica provided a brief introduction. Neighborhood Services Manager Jennifer Rhyne provided a PowerPoint presentation regarding the 2024-2028 Consolidated Plan and 2024-2025 Annual Action Plan for the Community Development Block Grant (CDBG) Program. Specific topics of discussion included CDBG purpose, 2024-2028 Consolidated Plan, Consolidated Plan process, 2024 Annual Action Plan, Annual Action Plan process, 2024 CDBG budget, 2024 funding requests, funding recommendations, and recommended action. Mayor Craig opened the public hearing for public comment at 8:08 p.m. There being no public comments, Mayor Craig closed the public hearing at 8:08 p.m. In response to Council Member Nakanishi, Neighborhood Services Manager Rhyne provided information regarding the required citizen participation plan. In response to Council Member Yepez, Neighborhood Services Manager Rhyne provided information regarding eligible project applicants, outreach to potential applicants at Lodi Improvement Committee meetings and other outreach efforts. In response to Mayor Craig, Neighborhood Services Manager Rhyne provided information regarding funding for the LOEL Center ADA project and the home repair program. In response to Council Member Nakanishi, Neighborhood Services Manager Rhyne confirmed that organizations from outside the City can receive funding, however the services they provide must be within the City.
  77. 66 Council Member Nakanishi made a motion, second by Council Member Hothi, to adopt Resolution No. 2024-72 approving the 2024-2028 Consolidated Plan and 2024-2025 Annual Action Plan for the Community Development Block Grant Program. 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
  78. 69 Interim City Manager Keys provided an update regarding funding and the City's partnership with San Joaquin Delta College. Police Chief Ricardo Garcia provided a brief introduction to the item and thanked the Lodi Police Foundation for their fundraising efforts for this project. Police Captain Kevin Kent provided a PowerPoint presentation on the future Lodi Shooting Range and Training Facility update. Specific topics of discussion included project location, reduced training costs associated with project, current status, partnership with Delta College, current investment in the project, Engineer's estimate, update on layout, multiple phases of training facility project, Emergency Vehicle Operator Course (EVOC) course design, modular training facility, security cameras, lighting, 25-yard range design, Hesco barrier walls, 100-yard range design, Explosive Ordinance Disposal (EOD) design, training building design, 2024 Phase 1, 2024 cost estimates, and requested project timeline. In response to Council Member Nakanishi, Interim City Manager Keys provided information regarding funding. In response to Mayor Pro Tempore Bregman, Captain Kent and Interim City Manager Keys provided information regarding the estimated cost in labor saved following the completion of Phase 1. In response to Council Member Nakanishi, Captain Kent provided information regarding lack of a current firing range and rehabilitation of the former handgun firing range. Council Member Nakanishi expressed his support of the project. In response to Mayor Craig, Interim City Manager Keys provided information regarding the source of current project funding. In response to Mayor Craig, Chief Garcia provided information regarding fundraising efforts by the Lodi Police Foundation. In response to Mayor Craig, Captain Kent provided information regarding the timeline for the completion of the hand gun range rehabilitation. In response to Mayor Craig, Captain Kent provided information regarding the potential use of the facility by other local police organizations following completion of Phase 1. In response to Mayor Pro Tempore Bregman, Chief Garcia provided information regarding the upcoming Lodi Police Foundation pancake breakfast fundraiser. In response to Mayor Pro Tempore Bregman, Interim City Manager Keys provided information regarding funding for Phase 1. No Council action was required on this item.
  79. 71 Management Analyst Tiffani Christy provided a Power Point presentation regarding multi-family billing options for solid waste collection services for multi-family properties. Specific topics of discussion included overview, multi-family billing Town Hall feedback, solid waste current billing practices, reasons for sold waste billing changes, cost of service comparison, multi-family solid waste billing options, Option 1 - direct billing to multi-family property owners by City, cost recovery options for property owners/responsible parties, benefits and disadvantages to Option 1, Option 2 - direct billing to multi-family tenants by City, benefits and disadvantages to Option 2, Option 3 - direct billing to multi-family property owners by WM, Option 3 benefits and disadvantages, multi-family organics implementation plan timeline, and staff recommendation of Option 1. Public Works Director Charlie Swimley provided a PowerPoint presentation regarding multi-family water metering. Specific topics of discussion included multi-family water meter implementation, water meter implementation plan, goals, failure to comply, multi-family water metering legislation, multi-family property locations, difficulty of separating multi-family units, proposed billing changes, meter charges, bill comparisons of water and wastewater, local comparisons, and anticipated impacts. Mike Carouba, of RPM Property Management, spoke regarding solid waste fees, stated that some properties' fees will double, and spoke against the reclassification to the commercial rate. Marlon Degrandmont, a condominium owner, spoke regarding the proposed rate of $80 per month per condominium for solid waste collection services, which would be an increase of 121%. At Mayor Craig's request, Public Works Director Swimley provided information in response to public comments about the reclassification of solid waste collection services to the commercial rate at apartment complexes and condominiums. In response to Mayor Pro Tempore Bregman, Management Analyst Christy and Public Works Director Swimley provided information regarding the reasoning behind the reclassification to commercial rates for solid waste collection services. In response to Mayor Pro Tempore Bregman, Public Works Director Swimley provided information regarding continuance of billing multi-family properties at the residential rate and addressing overage and contamination fees. Mayor Pro Tempore Bregman spoke in favor of maintaining the residential rate at multi-family properties, with billing through the City going to the tenant, while billing for overage and contamination would be sent to the property owner or property manager. At Mayor Craig's request, Management Analyst Christy and Interim City Manager Keys provided information regarding the governance of property owners or property managers passing through the cost of utilities to tenants, such as water and solid waste collection, and the inability of the City to pass along costs not recovered by billing to other City customers. Public Works Director Swimley stated that the 121% increase must be taken cautiously, as that number was based on information distributed by a different division within Waste Management. Management Analyst Christy noted that rates will vary widely among multi-family properties, with some properties seeing a decrease in rates, and the example used in the presentation was the condominium complex mentioned by Mr. Degrandmont. In response to Mayor Craig, Management Analyst Christy provided further information regarding the condominium complex mentioned by Mr. Degrandmont, noting that the level of service to that property had been verified before the meeting. In response to Council Member Nakanishi, Public Works Director Swimley and City Attorney Lucchesi provided information regarding a fixed rate at apartment complexes not equating in all cases to the level of service being provided and a requirement of Proposition 218 is that customers are billed at the level of service being provided. In response to Council Member Nakanishi, Interim City Manager Keys provided information regarding other jurisdictions' practice of billing the property owner while Lodi has historically billed multi-family properties to the tenants due to the existing electrical billing. Public Works Director Swimley noted that the cost can be controlled by the property owner through the level of service provided. Mayor Craig, speaking as a commercial property owner, stated that she does not have a problem with the property owner being responsible for the bill and that Waste Management has provided training and education to their tenants, and that the other City customers are paying the difference on the flat rate service. In response to Mayor Craig, Public Works Director Swimley provided information regarding funding for the water meters installation costs. In response to Mayor Craig, Public Works Director Swimley and Interim City Manager Keys provided information regarding the difference in the cost for flat rate and the level of service being provided being absorbed by Waste Management and the effect of the 1383 regulations on the Waste Management contract. Mayor Pro Tempore Bregman spoke regarding the upcoming Waste Management contract expiration and stated that price restructuring should wait until that time. In response to Mayor Craig, Management Analyst Christy and provided information regarding the process by which the multi-family property rate had been set. City Attorney Lucchesi provided information regarding Proposition 218 requirements on rates and the application to multi-family properties. In response to Council Member Hothi, Management Analyst Christy provided information regarding deadlines for adoption of rates and for the implementation of organics recycling for multi-family properties. In response to Council Member Hothi, Management Analyst Christy and Interim City Manager Keys provided information regarding penalties for noncompliance with Proposition 1383 and CalRecycle. In response to Mayor Craig, Public Works Director Swimley provided information regarding the difference between the flat rate amount and the cost for the level of service received at multi-family properties. He further noted that staff met with Mr. Carouba as a representative of RPM Property Management and other stakeholders and has tried to implement options in response to the feedback received. Management Analyst Christy spoke regarding the City's outreach efforts to the stakeholders and staff's commitment to work with the properties which may be seeing an increase in fees. In response to Council Member Yepez , Interim City Manager Keys and Public Works Director Swimley provided information regarding the difficulties in continuing the item to the next Council agenda to provide additional time for outreach efforts. Mr. Carouba, speaking again on behalf of RPM Property Management, expressed appreciation for the efforts of the Public Works staff. He stated that he is speaking in support of the tenants who will be receiving substantial increases in their bills; that Council should consider the tenants rather than Waste Management; and that he opposes the switch to the commercial rate for multi-family properties as they are residential. Patricia (no last name provided), a landlord in Lodi, spoke regarding programs to help low-income tenants with utilities and questioned how that would work if the City begins billing the owners. At Mayor Craig's request, Interim City Manager Keys provided information in response to Patricia's questions. Public Works Director Swimley clarified that staff is not requesting an increase in the Proposition 218-approved rates. Vanessa Barberis, Waste Management Public Sector Manager, spoke regarding the lack of incentive for multi-family property tenants concerning overage and contamination. Mr. Degrandmont, a condominium owner, spoke again. He spoke regarding the projected costs provided to Council in his email being from the Public Works Department; the projected costs provided by Waste Management being even higher; their complex does not have the opportunity to have individual trash containers, which would allow each owner to be responsible for their own usage; the need to compare the service of emptying 12 bins to the service of emptying 92 individual trash containers; the 121% increase faced by his condominium complex; and the Home Owners Association current bill of $106 per month for solid waste. In response to Mayor Craig, City Attorney Lucchesi provided information regarding SB 1383 requirements for overage and contamination fees, Proposition 218 requirements to apply the rates set at the public hearing, the need to address the difference between the service received and the service paid for, and the options to either set a Proposition 218 public hearing to set multi-family property rates or to pass the charges on to the landlords who then distribute it to tenants. Mayor Pro Tempore Bregman proposed postponing the vote to give Council time to consider the situation and conduct individual outreach. Mayor Craig spoke in favor of postponing the vote until the next Council meeting, with Council returning with a proposal to consider. In response to Public Works Director Swimley, Mayor Craig stated that Council would vote on the multi-family water meter rates. In response to Council Member Yepez, City Attorney Lucchesi, Interim City Manager Keys, and Management Analyst Christy provided information regarding the Proposition 218 process. Mayor Craig expressed her reluctance to go through the Proposition 218 process. Council Member Nakanishi spoke in favor of making a decision rather than postponing until the next meeting. Public Works Director Swimley clarified that staff is asking for direction only and does not need a motion. Mayor Craig stated that Option 1 (direct billing to property owners) seemed to be the direction Council is favoring. Mayor Craig stated that she wanted to move forward with a decision for at least the water meter rates.
  80. 72 Council Member Nakanishi made a motion, second by Council Member Yepez, to direct bill property owners or Home Owners Associations for water and wastewater usage, to have property owners pay for the cost of the water meters with the City funding installation costs, and to have usage charges billed by master meter at Proposition 218 approved multi-family water and wastewater metered rates. 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 Mayor Pro Tempore Bregman made a motion, second by Council Member Yepez, to choose Option 2, direct billing to tenants by the City. VOTE: The above motion failed by the following vote: Ayes: Council Member Yepez and Mayor Pro Tempore Bregman Noes: Council Member Hothi, Council Member Nakanishi, and Mayor Craig Absent: None Council Member Yepez made a motion, second by Mayor Pro Tempore Bregman, to continue the item regarding multi-family billing options for solid waste collection services for multi-family properties to the May 15, 2024 agenda. 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
  81. 74 City Attorney Lucchesi provided a presentation regarding the appointment of Scott Carney to the position of City Manager. Specific topics of discussion included terms of the agreement and base salary. Mayor Craig spoke regarding the recruitment, interview process, and references received. At Mayor Craig's invitation, Mr. Carney briefly addressed Council. Interim City Manager Keys welcomed Mr. Carney to the City. Council Member Nakanishi, Council Member Yepez, Mayor Pro Tempore Bregman, and Mayor Craig welcomed Mr. Carney. JP Doucette, President of the Lodi Chamber of Commerce, recognized the Council's work on the recruitment process, acknowledged Interim City Manager Keys for his work and support of the business community, thanked Economic Development Director Luis Aguilar for partnering with the business community, and welcomed Mr. Carney on behalf of the business community.
  82. 75 Mayor Pro Tempore Bregman made a motion, second by Council Member Yepez, to adopt Resolution No. 2024-71 appointing Scott Carney to the position of City Manager and approving the related Employment Agreement. 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
  83. 78 There being no further business to come before the City Council, the meeting was adjourned at 10:27 p.m. ATTEST: Olivia Nashed City Clerk