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City Council

January 3, 2024 ·7:00 PM Final

Carnegie Forum 305 West Pine Street, Lodi

Agenda PDF 📹 Watch video Official record ↗

Agenda — 48 items

  1. C-1 Call to Order / Roll Call ▶ jump to 0:10
  2. C-2 Announcement of Closed Session
  3. 2 NOTE: Council Member Yepez arrived at 5:39 p.m.
  4. a) Actual Litigation: Government Code Section 54956.9; Three Applicants; William Broderick v. City of Lodi, Workers’ Compensation, WCAB Case # ADJ15932091 (CT-12/13/2020); Michael Russell v. City of Lodi, Workers’ Compensation, WCAB Case #’s ADJ14377522 (3/19/2019), ADJ14377490 (11/17/2020 CT); and Paul Alvarez v. City of Lodi, Workers’ Compensation, WCAB Case #’s ADJ8113313 (9/1/2009), ADJ17099777 (2/8/2022) (CA)
  5. b) Prospective sale of real property located immediately north of 2057 Lower Sacramento Road (APN 058-030-38). Negotiating parties are City of Lodi and adjacent property owner Harpreet S. Chaudhary Trust et. al. per Government Code § 54956.8. (CM)
  6. c) Public Employee Performance Evaluation (Government Code § 54957): Three Appointed Positions - City Clerk, City Attorney, and Interim City Manager.
  7. C-3 Adjourn to Closed Session
  8. 7 6:55 p.m. Invocation/Call to Civic Responsibility. ▶ jump to 1:18
  9. 8 NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.
  10. 8 At 5:39 p.m., Mayor Craig adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:10 p.m.
  11. C-4 Return to Open Session / Disclosure of Action ▶ jump to 3:00
  12. A. Call to Order / Roll Call ▶ jump to 3:17
  13. 10 At 7:10 p.m., Mayor Craig reconvened the City Council meeting, and City Attorney Lucchesi disclosed that there is no reportable action.
  14. B. Presentations - None
  15. C. Consent Calendar (Reading; Comments by the Public; Council Action) approved Pass ▶ jump to 3:33
  16. C.1 Receive Register of Claims for December 1, 2023 through December 14, 2023 in the Total Amount of $3,267,514.88 (FIN)
  17. C.2 Approve Minutes (CLK) a) December 19, 2023 (Shirtsleeve Session) b) December 26, 2023 (Shirtsleeve Session)
  18. C.3 Authorize Interim City Manager to Execute License Agreement with the San Joaquin County Registrar of Voters for the Installation of a Permanent Vote-By-Mail Ballot Drop Box at City Hall (CLK) ▶ jump to 11:07
  19. 15 Claims were approved in the amount of $$3,267,514.88.
  20. C.4 Adopt a Resolution Authorizing the Interim City Manager to Execute 1) Professional Services Agreements with Kimley-Horn and Associates, Inc., a Professional Consulting Firm, for Environmental Review Services in an amount not to exceed $145,000, and with GHD Inc., a Professional Consulting Firm, for Traffic Analysis Services in an amount not to exceed $95,000, and 2) a Reimbursement Agreement with Maverik, Inc., a Utah corporation qualified to do business in California, for the Proposed Maverik Fueling Station Project (CD)
  21. C.5 Adopt a Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2022/23 (FIN)
  22. 17 The minutes of December 19, 2023 (Shirtsleeve Session) and December 26, 2023 (Shirtsleeve Session) were approved as written.
  23. D. Comments by the Public on Non-Agenda Items ▶ jump to 46:38
  24. 19 THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
  25. 19 This item was pulled at the request of the City Clerk in order to provide a report. Specific topics of discussion included a request from the San Joaquin County Registrar of Voters (ROV) for the installation of a permanent vote-by-mail ballot drop box on City property as part of a project to install drop boxes throughout the County; the proposed location of the drop box at the City Hall campus; feedback received on the location; time frame for installation of the drop box based on upcoming primary election; options to consider on the item - Option 1 (move forward with item as presented), Option 2 (direct staff to renegotiate the contract terms and/or drop box location); or Option 3 (not move forward with permanent drop box); and possible locations. Ria Jones, a member of the public, spoke in opposition to a permanent drop box. Holly Moore, Election Integrity Officer for the San Joaquin County Republican Central Committee, spoke in opposition to a permanent drop box and provided written information to City Council. Cynthia Cuevas, a member of the public, spoke in opposition to a permanent drop box. Council discussion ensued, including the need for security, the option of continuing to have a temporary box within City Hall, education of voters on options of submitting their ballots, the lack of need for a permanent box, and explanation of the County agreement. A motion was made by Mayor Pro Tempore Bregman, seconded by Council Member Hothi, to direct staff to renegotiate the contract terms and/or the permanent ballot drop box location, with the location being changed to the Finance Department, adjacent to the City kiosk located on Elm Street, across from the Police Department (Option 2). VOTE The motion failed to pass with the following vote: Yes: Council Member Hothi and Mayor Pro Tempore Hothi Noes: Council Member Nakanishi, Council Member Yepez, and Mayor Craig
  26. E. Comments by the City Council Members on Non-Agenda Items
  27. F. Comments by the City Manager on Non-Agenda Items ▶ jump to 57:19
  28. G. Public Hearings
  29. 22 This item was pulled at the request of Council Member Yepez. In response to Council Member Yepez and Mayor Craig, Deputy Director of Community Development/City Planner Cynthia Marsh provided additional information regarding the project and agreements. This item was included in the vote for the Consent Calendar. Adopted Resolution No. 2024-01 authorizing the Interim City Manager to execute 1) Professional Services Agreements with Kimley-Horn and Associates, Inc., a Professional Consulting Firm, for environmental review services, in an amount not to exceed $145,000, and with GHD, Inc., a Professional Consulting Firm, for traffic analysis services, in an amount not to exceed $95,000; and 2) a Reimbursement Agreement with Maverik, Inc., a Utah corporation qualified to do business in California, for the proposed Maverik Fueling Station Project.
  30. G.1 Public Hearing to Consider an Ordinance amending Lodi Municipal Code, Title 17 (Development Code), Sections 17.14.100 (Walls, fences and hedges), 17.20.030 (Commercial zoning district land uses and permit requirements), 17.22.030 (Mixed use zoning districts land uses and permit requirements), 17.24.030 (Industrial zoning district land uses and permit requirements), 17.36.170 (Parking facilities/vehicle storage), 17.36.180 (Auto sales and rental), 17.36.190 (Storage Indoor (mini-storage facilities)), and 17.54.090 (Filing and processing of final maps). (Applicant: City of Lodi; File Number: 2023-02 Z; CEQA Status: Exempt per Section 15061(b)(3) - General Rule Exemption.) (CD) introduced ▶ jump to 58:52
  31. H. Regular Calendar
  32. 24 Adopted Resolution No. 2024-02 approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2022/23.
  33. H.1 Receive and File City’s Annual Comprehensive Financial Report for Fiscal Year 2022/23 By Lance, Soll & Lunghard, LLP (LSL) (FIN) ▶ jump to 73:11
  34. H.2 Adopt Resolutions for the Reorganization of the Following Agencies for the Purpose of Electing New Officers: Lodi Public Improvement Corporation, Industrial Development Authority, Lodi Financing Corporation, Lodi Public Financing Authority (CLK) adopted ▶ jump to 83:35
  35. 26 Sophia Garibaldo, a member of the public, spoke regarding the local peaker plant and the removal of trees and provided written information to Council.
  36. H.3 Assign and Confirm Annual Appointments of City Council Members on Various Boards, Committees, and Commissions (CLK) ▶ jump to 86:19
  37. I. Ordinances
  38. 28 None.
  39. I.1 Adopt Ordinance No. 2020 “An Ordinance of the Lodi City Council Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 14)” (CLK) adopted ▶ jump to 89:22
  40. I.2 Adopt Ordinance No. 2021, “An Ordinance of the Lodi City Council Related to the Zoning Map Section 17.10.030 of the Lodi Municipal Code to Amend the Zoning Designation of Assessor Parcel Number 043-230-25 to Mixed Use Corridor (MCO) (Application No. PL2023-034)” (CLK) adopted ▶ jump to 91:02
  41. 30 Interim City Manager Keys spoke regarding a free drop-off site for Christmas trees provided by the City and Waste Management and thanked CalTrans District 10 for the recent homeless encampment removal.
  42. J. Adjournment ▶ jump to 92:37
  43. 32 ----------------------------------------------------------------------------------------------------------------------------------------------------- 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/. -----------------------------------------------------------------------------------------------------------------------------------------------------
  44. 33 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 an ordinance amending Lodi Municipal Code, Title 17 (Development Code), Sections 17.14.100 (Walls, Fences and Hedges), 17.20.030 (Commercial Zoning District Land Uses and Permit Requirements), 17.22.030 (Mixed Use Zoning Districts Land Uses and Permit Requirements), 17.24.030 (Industrial Zoning District Land Uses and Permit Requirements), 17.36.170 (Parking Facilities/Vehicle Storage), 17.36.180 (Auto Sales and Rental), 17.36.190 (Storage Indoor (Mini-Storage Facilities)), and 17.54.090 (Filing and Processing of Final Maps) (Applicant: City of Lodi; File Number: 2023-02 Z). Deputy Director of Community Development/City Planner Cynthia Marsh provided a PowerPoint presentation regarding Phase 1 of the incremental code amendments to Lodi Municipal Code, Title 17 (Development Code). Specific topics of discussion included the sections included in the City-initiated amendment, code changes needed to create consistency with the Lodi General Plan, requirement for a city's zoning ordinance to be consistent with its General Plan, recommended changes to address recently-approved State planning law, provisions for ministerial review of certain allowable land uses, clean-up of targeted items for clarification, streamlining of various permits, establishment of development standards for parking facilities/vehicle storage, auto sales and rental, and mini-storage facilities, summary of changes, CEQA exemption, and staff recommendation. Mayor Craig opened the public hearing for public comment at 8:18 p.m. There being no public comments, Mayor Craig closed the public hearing at 8:18 p.m. Mayor Pro Tempore Bregman thanked staff for the time and effort to put together this item. Council Member Nakanishi expressed his support for the changes. In response to Mayor Craig, Deputy Director of Community Development Marsh clarified information regarding the Downtown area.
  45. 37 Accounting Manager Melissa Munoz introduced Brandon Young, Partner of Lance, Soll & Lunghard, LLP (LSL), who provided a PowerPoint presentation regarding the Annual Comprehensive Financial Report for Fiscal Year 2022/23. Specific topics of discussion included members of the LSL team, scope of engagement, results of audit, changes from prior year, and financial highlights. Mr. Young and Accounting Manager Munoz addressed questions from Council Member Nakanishi, Council Member Hothi, and Mayor Craig. No action is required by Council.
  46. 40 City Clerk Nashed provided a report regarding the reorganization of the following agencies for the purpose of electing new officers following the Council reorganization in December: Lodi Public Improvement Corporation, Industrial Development Authority, Lodi Financing Corporation, Lodi Public Financing Authority.
  47. 43 City Clerk Nashed provided a report regarding the annual appointments of City Council Members on various boards, committees, and commissions, stating the only change to the current roster is to appoint the Mayor and Mayor Pro Tempore as delegate and alternate to the San Joaquin Valley Special City Selection Committee.
  48. 51 There being no further business to come before the City Council, the meeting was adjourned at 8:43 p.m.