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City Council

February 21, 2024 ·7:00 PM Final

Carnegie Forum 305 West Pine Street, Lodi

Agenda — 51 items

  1. 1 6:55 p.m. Invocation/Call to Civic Responsibility.
  2. 2 NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.
  3. A. Call to Order / Roll Call
  4. B. Presentations
  5. 4 Mayor Craig presented a Certificate of Recognition to Amy Agno, of Helping One Woman in Lodi, in appreciation of the organization's assistance to Lodi women who have experienced a devastating loss, illness, or life-altering experience.
  6. B.1 Helping One Woman Certificate of Recognition (CLK) 24-105
  7. C. Consent Calendar (Reading; Comments by the Public; Council Action) approved Pass
  8. C.1 Receive Register of Claims for January 19, 2024 through February 1, 2024 in the Total Amount of $5,938,861.66 (FIN) 24-085
  9. 7 Claims were approved in the amount of $5,938,861.66.
  10. C.2 First and Second Quarters Fiscal Year 2023/24 Water, Wastewater and Electric Utility Department Financial Reports (EU & PW) 24-083
  11. C.3 Adopt a Resolution Authorizing the Interim City Manager to Reject all Bids Received for the Rebid for the Main Street Transitional and Supportive Housing Project, Authorize Re-Advertisement for Bids and Authorize the Interim City Manager to Award Contract to Lowest Responsive Bidder and Execute Agreement in an Amount Not to Exceed ($870,000), and Execute Change Orders ($70,000) (CD) 24-095
  12. 9 Received the First and Second Quarters Fiscal Year 2023/24 Water, Wastewater and Electric Utility Department Financial Reports.
  13. C.4 Adopt a Resolution Ratifying the Interim City Manager's Approval of Three Patrol Vehicle Replacements from Winner Chevrolet Elk Grove Auto Group of Elk Grove, CA, and Emergency Equipment and Installation from Derotic Emergency Equipment of El Dorado Hills, CA, and Appropriate Funds ($13,048.47) (PD) 24-026
  14. C.5 Accept Improvements Under Contract for Lodi Gun Range Ventilation Improvement Project (PW)
  15. 11 This item was pulled at the request of Council Member Yepez. In response to Council Member Yepez, Interim City Manager Keys clarified the reasons for the rejection of bids and the need to rebid the project. In response to Mayor Craig, Director of Community Development John Della Monica explained the adjustment in the dollar amount of the project. This item was included in the vote on the Consent Calendar. Adopted Resolution No. 2024-21 authorizing the Interim City Manager to reject all bids received for the rebid for the Main Street Transitional and Supportive Housing Project, authorizing the re-advertisement for bids and authorizing the Interim City Manager to award the contract to the lowest responsive bidder and execute the agreement in an amount not to exceed $870,000, and execute change orders in an amount not to exceed $70,000.
  16. C.6 Accept Improvements Under Contract for 2023 Pavement Resurfacing Project (PW) 24-080
  17. C.7 Accept Improvements Under Contract for Fire Station 3 and Fire Station 4 Security Gates and Generator Project (PW) 24-082
  18. 13 Adopted Resolution No. 2024-22 ratifying the Interim City Manager's approval of three patrol vehicle replacements from Winner Chevrolet Elk Grove Auto Group, of Elk Grove, and emergency equipment and installation from Derotic Emergency Equipment, of El Dorado Hills, and appropriating funds in the amount of $13,048.47.
  19. C.8 Appoint Michael Donaldson to the Site Plan and Architectural Review Committee and John Stroh to the San Joaquin County Mosquito & Vector Control District (CLK) 24-098
  20. C.9 Set Public Hearing for March 20, 2024, to Consider Adopting a Resolution Pre-Approving Proposition 218 Consumer Price Index-Based Annual Adjustment to Rates for Solid Waste Collection (PW) 24-081
  21. 15 Accepted the improvements under the contract for the Lodi Gun Range Ventilation Improvement Project.
  22. D. Comments by the Public on Non-Agenda Items
  23. 17 THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
  24. 17 Accepted the improvements under the contract for the 2023 Pavement Resurfacing Project.
  25. E. Comments by the City Council Members on Non-Agenda Items
  26. F. Comments by the City Manager on Non-Agenda Items
  27. 19 This item was pulled at the request of staff.
  28. G. Public Hearings
  29. G.1 Conduct a Public Hearing to Consider Waiving of the First Reading and Introducing An Ordinance Repealing Lodi Municipal Code Title 3 (Revenue and Finance), Chapter 3.01 (Business Tax Certification) and Replacing it with Chapter 3.01 (Business License Registration) (FIN) 24-088
  30. 21 This item was pulled to allow the Oath of Office to be administered to the appointees.
  31. H. Regular Calendar
  32. H.1 Adopt a Resolution Approving Amendments to the Job Description and Salary Range for the Job Classification of Traffic and Sign Making Worker (HR) 24-057
  33. 23 City Clerk Nashed administered the Oath of Office to Michael Donaldson, appointee to the Site Plan and Architectural Review Committee.
  34. H.2 Receive a Presentation on Access Center Project Timeline Updates (CD) 24-070
  35. H.3 Adopt a Resolution Approving Transient Occupancy Tax Guideline Documentation and Approving the Final Audit Findings for January 1, 2019 to September 30, 2022 Period (FIN) 24-075
  36. 25 Set a public hearing for March 20, 2024, to consider adopting a resolution pre-approving Proposition 218 Consumer Price Index-based annual adjustment to rates for solid waste collection.
  37. H.4 Adopt a Resolution Approving 2023/24 Mid-Year Budget Adjustments; Approving Classifications, Job Descriptions and Salary Ranges for New Health and Safety Specialist, Assistant Electric Utility Director, Electric Utility Technician, Engineering Operational Technology Supervisor, and Engineering Planning and Design Supervisor Positions; and Approving Update to Job Description for Management Analyst (Confidential) (BUDGET) 24-084
  38. H.5 Provide Direction to Staff Regarding Staff Involvement and City Resources Used at Individual Councilmember Sponsored Town Hall Meetings (CM) 24-078
  39. I. Ordinances - None
  40. 28 Vanessa Barberis, of Waste Management, spoke regarding upcoming events. Lyndsy Davis, a member of the public, spoke regarding traffic issues on Central Avenue. Major Mark Thielenhaus, of the Salvation Army, introduced Captain Raymond Morris, who will be providing additional support in Lodi, particularly with the Hope Harbor Shelter. Pat Byron, a member of the public, provided supplemental documentation and spoke regarding the skate park project. Robby Van Arsdale, a teacher at Lodi Academy, expressed appreciation for the solar panels on the bus shelters and spoke regarding traffic issues on Central Avenue.
  41. J. Adjournment
  42. 30 ----------------------------------------------------------------------------------------------------------------------------------------------------- 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/. -----------------------------------------------------------------------------------------------------------------------------------------------------
  43. 30 Mayor Craig spoke regarding her attendance at the joint meeting of the San Joaquin Regional Rail Commission and the San Joaquin Joint Powers Authority and the Susan B. Anthony Awards celebration where three Lodi women were acknowledged.
  44. 32 Interim City Manager Keys acknowledged Business Development Manager Astrida Trupovnieks' work with the SizeUp contract which will benefit small businesses in Lodi; announced that Economic Development Ad Hoc Committee applications are now open; stated the City has met the $25 million goal for local investments through the money market certificates at F&M Bank; and spoke regarding planning for public EV charging, the arrival of the Electric Utility Department's spare substation transformer, Zupo Field update, Municipal Code violations, and the Hutchins Street Square Foundation's recent donation for interior renovations; and congratulated the City's newest Journeyman Lineman, Devon Henlon.
  45. 35 Interim City Manager Keys provided a brief introduction to the item. Accounting Manager Melissa Munoz provided a PowerPoint presentation regarding the introduction of an ordinance repealing Lodi Municipal Code Title 3 (Revenue and Finance), Chapter 3.01 (Business Tax Certification) and replacing it with Chapter 3.01 (Business License Registration). Specific topics of discussion included changes to the ordinance, Business License Registration Program, registration information collected, new program details, the need for the program, and recommended action. In response to Council Member Nakanishi, Interim City Manager Keys and Accounting Manager Munoz clarified details regarding the new program. In response to Mayor Craig, Accounting Manager Munoz confirmed the notification process for renewal. Mayor Craig opened the Public Hearing at 7:56 p.m. JP Doucette, President of the Lodi Chamber of Commerce, inquired as to the possibility of bringing the business tax back through a ballot measure. In response to Scott Hamilton, a member of the public, Accounting Manager Munoz confirmed that short-term rentals will need to register for a business license. In response to Mayor Craig, City Attorney Lucchesi clarified the rules for multiple rental locations. There being no further public comments, Mayor Craig closed the public hearing at 7:59 p.m.
  46. 39 Human Resources Manager Adele Post provided a presentation regarding amendments to the job description and salary range for the job classification of Traffic and Sign Making Worker. Specific topics of discussion included background, change of job duties, additional job skills, lead worker duties, salary increase, and retroactivity to February 2023.
  47. 42 Community Development Director John Della Monica provided a background information. Neighborhood Services Manager Jennifer Rhyne provided a PowerPoint presentation on the Access Center Project timeline updates. Specific topics of discussion included project overview, projected project timeline, projected operator timeline, and Temporary Access Center update. In response to Council Member Nakanishi, Neighborhood Services Manager Rhyne, Community Development Director Della Monica, and Interim City Manager Keys spoke regarding ongoing efforts to secure future funding. In response to Council Member Yepez, Neighborhood Services Manager Rhyne clarified the number of individuals who have received assistance at the Temporary Access Center. In response to Mayor Craig, Neighborhood Services Manager Rhyne stated information regarding individuals transitioning to Hope Harbor will be provided to Council and Community Development Director Della Monica clarified procedures for transitioning individuals between programs. Discussion ensued with Mayor Craig, Neighborhood Services Manager Rhyne, and Mayor Pro Tempore Bregman regarding potential funding through Proposition 1. In response to Major Mark Thielenhaus, of the Salvation Army, Community Development Director Della Monica clarified dates concerning the operational contract. This was an information item and no action was required by City Council.
  48. 44 Accounting Manager Melissa Munoz provided a PowerPoint presentation regarding the Transient Occupancy Tax (TOT) Guidelines and audit findings. Specific topics of discussion included goals, January 30 Council direction, TOT Guidelines, summary of City-accepted findings, audit findings, and recommended action. In response to Mayor Craig, City Attorney Lucchesi and Interim City Manager Keys provided clarification of the "paid under protest" notation and audit discrepancies. In response to Mayor Pro Tempore Bregman, Interim City Manager Keys and Accounting Manager Munoz provided information of the timeline for payment of taxes and fines. In response to Council Member Yepez, Interim City Manager Keys provided information regarding potential payment plans. Nancy Beckman, CEO of Visit Lodi! Conference and Visitors Bureau, spoke regarding the need for a credit on the payment on the audit findings, questioned why some charges were exempted but not others, and asked for the new guidelines to take affect in the second quarter of this year. In response to Mayor Craig, Ms. Beckman confirmed that the majority of the hoteliers and other property owners she has spoken with agree that the new guidelines address the concerns they have had. Russ Munson, of Wine and Roses, spoke regarding the need to start fresh with the collection of TOT, as the funds that were paid due to the audit were not funds collected but rather out of their operating budget, due to the confusion over what was taxable. In response to Mayor Craig, Mr. Munson agreed the new guidelines address his concerns. Mayor Craig spoke in favor of a credit for the payments made on the audit findings. In response to Council Member Hothi, Accounting Manager Munoz and Interim City Manager Keys clarified the total amount of the credit and waived fees and penalties and the time frame which the audit covered.
  49. 47 ___________ provided a PowerPoint presentation regarding 2023/24 Mid-Year Budget Adjustments. Specific topics of discussion included ___________.
  50. 50 Interim City Manager Keys provided a presentation regarding staff involvement and City resources used at individual Council Member sponsored Town Hall meetings. Specific topics of discussion included Mayor-sponsored series of Town Hall meetings at LOEL Center and Hutchins Street Square, requests for staff help and City resources, attendance at meetings, past Council directives, staff concerns, and direction regarding development of a policy. Mayor Craig spoke regarding the Protocol Manual's coverage of this issue, including Brown Act compliance and City Manager's authority over staff involvement, and her belief that a specific policy is not needed. Council Member Nakanishi expressed his belief that a policy is not needed. Mayor Pro Tempore Bregman stated that other Council Members want to have their own outreach meetings and spoke in favor of having a policy in place regarding staff and resources. Council Member Yepez stated that there is value in Town Hall meetings and that there is already a policy in place in the Protocol Manual. Council Member Nakanishi spoke in favor of the Mayor organizing the scheduling of Town Hall meetings. Mayor Craig spoke regarding the City Manager's determination regarding staff availability, ineligibility of upcoming agendas items as Town Hall meeting topics, the Protocol Manual's coverage of this issue, and Council Members' need to be circumspect in regard to staff and resource usage. In response to Mayor Pro Tempore Bregman, Interim City Manager Keys clarified the policy for use of City facilities. Mayor Pro Tempore Bregman and Mayor Craig suggested the Protocol Manual be updated to include the use of City facilities. In response to Council Member Hothi, Interim City Manager Keys spoke regarding past requests for staff involvement in Town Hall meetings. City Clerk Nashed spoke regarding current Protocol Manual updates. City Attorney Lucchesi clarified that Council direction is that no formal action is requested by Council, Council will remain consistent with current City procedures, requests for staff will be by advance notice, and staff use would be at the City Manager's discretion.
  51. 53 There being no further business to come before the City Council, the meeting was adjourned at 9:18 p.m.