City Council
Regular MeetingLodi, NJ · July 21, 2020
Minutes
LODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, JULY 21, 2020
A. Call to Order / Roll Call
The Special City Council meeting of July 21, 2020, was called to order by Mayor Kuehne
at 7:01 a.m.
Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council Members
participated in the meeting via teleconference and the meeting was available for viewing by the
public via livestream at https://www.facebook.com/CityofLodi/ and
https://zoom.us/j/94531814801?pwd=aDgreW9IZDlVU1I1Zk5HV3lMQnM1dz09; the opportunity
for public comment was available through councilcomments@lodi.gov and
https://zoom.us/j/94531814801?pwd=aDgreW9IZDlVU1I1Zk5HV3lMQnM1dz09.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
B. Regular Calendar
B-1 Provide Direction on COVID-19 Response for Economic Development by Offering No Cost
Permitting Options for Certain Outdoor Business Operations Allowed Under Current Health
Orders (CM)
Deputy City Manager Andrew Keys provided a presentation regarding COVID-19 response to
economic development by offering no-cost permitting options for certain outdoor business
operations. Specific topics of discussion included new guidelines issued by the Governor and the
San Joaquin County Public Health Officer; prohibition of activities within buildings, including
gyms, places of worship, restaurants, personal care services, and malls; allowance of retail
businesses with exterior facing exit; process to allow businesses to operate outdoors within
COVID orders and Municipal Code; success of current no-cost permit program for Downtown
restaurants; request from a place of worship to operate within a park; temporary changes to
Business Code 7317 allowing outside operation of barbershops, hair salons, and nail salons while
following California Department of Public Health guidelines; staff suggestions of permitting in
private parking lots, public right-of-ways, and City parks; and potential costs, including k-rail rental
and staff time.
City Manager Schwabauer stated that gyms may also request the same type of program to allow
operation within City parks.
Council Member Mounce indicated support, stating the City needs to provide as many options as
possible.
Council Member Chandler concurred but expressed concerns regarding liability. Mr. Schwabauer
clarified that the encroachment permit process includes insurance and indemnification
requirements.
In response to Council Member Mounce, Mr. Schwabauer stated staff would discuss lowering
insurance requirements with CJPRMA. City Attorney Magdich clarified that most businesses
1
already have existing insurance that would cover the requirement.
Mayor Pro Tempore Nakanishi indicated support of the proposal, stating the cost is not prohibitive
and funding would come through the CARES Act.
Jeremy Duncan, member of the public, commented via Zoom, indicating support for the program
but stating the State is seizing private property by not allowing businesses to operate, and further
requesting that the City advocate for the public health orders to be ignored.
Mayor Pro Tempore Nakanishi made a motion, second by Council Member Chandler, to
approve COVID-19 response for economic development by offering no-cost permitting options for
certain outdoor business operations allowed under current health orders, including cosmetology
businesses, within parking lots, public right-of-ways, and City parks.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: None
ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).
B-2 Provide Enforcement Direction to Staff on COVID-19 Public Health Orders in Light of
Threats to the Loss of State Funding (CM/CA)
City Manager Schwabauer provided a presentation regarding enforcement of COVID-19 public
health orders. Specific topics of discussion included current open status of Downtown retail
stores; previous Council direction of no enforcement outside letters from Partners; need to certify
compliance with public health orders to receive CARES Act reimbursement; jeopardy of Great
Plates Delivered program and $870,000 in CARES Act funding; enforcement through posting
notices of non-compliance followed by legal action; no plan to close businesses; bars may require
Police Department involvement; lack of resources to police face coverings; and request for staff
to have some discretion on enforcement.
In response to Council Member Mounce, City Attorney Magdich stated enforcement would be
through letters from Partners, cease and desist notices, and posting properties as a public
nuisance; there is no intention to arrest people or issue criminal citations. She stated if, for
example a bar remains open, the City would notify and educate the business; post the property
as a public nuisance; send a cease and desist notice, including notification the violation would be
reported to the State Department of Alcoholic Beverage Control (ABC); and then notify ABC
which would take enforcement action. Ms. Magdich also noted that similarly if a restaurant serves
meals inside, the City would provide notification and education, send a cease and desist letter,
and post the property. The City found during the initial phase of the stay-at-home order that these
actions were very effective, with only one citation being written and only two properties being
posted. She further stated that complaints have been received from citizens and employees of
businesses regarding people not wearing face coverings, in which case the City has sent letters
stating the public health order requiring masks must be followed.
In further response to Council Member Mounce, Ms. Magdich stated the plan was for the Police
Department to do the posting, but Code Enforcement could be used for posting and hand
deliveries; in addition, certified mail would be used.
2
Council Member Mounce expressed opposition to using sworn officers to deliver any of the
notices, stating the officers should be handling real crime and that criminalizing business owners
is overreach. She further expressed unhappiness with the Governor's letter to elected
officials regarding enforcement of public health directives and read a portion of the letter into the
record.
Council Member Chandler concurred with Council Member Mounce.
Mayor Pro Tempore Nakanishi stated that he agrees with many of Council Member Mounce's
statements; he supports staff using discretion in enforcement of the orders; he agrees that not
using the Police Department would be preferable, if possible; another city hired a specific person
for enforcement; the City is under duress as there is no fund to pay for these expenses and to not
get the funding would be an injustice; and he feels the City needs to comply in a gentle manner.
Council Member Chandler stated that he likes the action plan described by the City Attorney; the
most egregious offenders are bars, and the State agency can enforce those violations. He further
stated that if restaurants or other businesses can be enforced by a State agency, then let them
handle it.
Mayor Kuehne stated he felt that it is punitive for the Governor to take this stance, but the City
needs to proceed with caution due to the funding. He further stated he is not opposed to the
Police Officers distributing the citations or warnings, but it needs to be handled gently; most
businesses are trying to comply and there has only been one citation and a few warnings; and
there are millions of dollars of tax payer money on the line, but enforcement should be kept to a
minimum.
Mr. Schwabauer stated that staff's intention is to be as cooperative as possible; the City does not
have the resources to actively seek out violations, but it needs to be able to show that it is
addressing the concerns so that it can certify to the State that the orders are being enforced so
the funding is not put at risk.
The following members of the public made comments via email. All comments were read into the
record and filed.
Monica Fritz - Against enforcement of Governor's orders
Sean Covell, Fitness System Health Clubs - Against enforcement of closure and restrictions
placed on gyms
Nathan Dellinger - Against enforcement of Governor's orders
Tom Roehrich - Against enforcement of Governor's orders
Theresa Delp - Against enforcement of Governor's orders
Douglas Duncan - Against enforcement of Governor's orders
Alex Aliferis - Against enforcement of Governor's orders
Greg & Keli Degenstein - Against enforcement of Governor's orders
Jeremy Duncan - Against enforcement of Governor's orders
Mary Sumrall - Against enforcement of Governor's orders
Philip & Wendy Diaz - Against enforcement of Governor's orders
Greg Baroni - Against enforcement of Governor's orders
Jenny Miller - Against enforcement of Governor's orders (two emails)
Lisa Baroni - Against enforcement of Governor's orders
Council Member Mounce stated she feels the City should maintain the same level of enforcement
and not move forward with additional enforcement.
3
Council Member Chandler concurred and stated that the City has taken a middle path of
enforcement that preserves both people's rights and the budget.
Mayor Pro Tempore Nakanishi stated that staff has received guidelines to use discretion in
enforcement; the funding must not be jeopardized.
Council Member Mounce emphasized that her direction is that Police Department assets will not
be utilized in any way to enforce the orders.
Mayor Pro Tempore Nakanishi stated his direction is that the enforcement be left to the discretion
of staff and the Police Chief, unless funds exist to hire someone for enforcement.
Mr. Schwabauer stated it is not staff's intention to utilize the Police Department for enforcement,
except where it may be necessary if violence is incurred during the posting of a property, for
example. He further stated that staff has received direction that should ensure that the City is not
being exposed to a loss of funding; he noted that the cost of the Great Plates Delivered program
is about $1 million per month, and the program is providing an important service to the
community.
C. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 8:22 a.m.
ATTEST:
Pamela M. Farris
Assistant City Clerk
4
Agenda
LODI CITY COUNCIL AGENDA – Special Meeting
Carnegie Forum Date: July 21, 2020
305 West Pine Street, Lodi Time: 7:00 a.m.
Streaming Links:
https://www.facebook.com/CityofLodi/
https://zoom.us/j/99839136017?pwd=TVh0VlFEZWNzdVZzRDF
6MHNhWnp1UT09
SPECIAL NOTICE
Effective immediately and while social distancing measures are imposed, Council chambers will
be closed to the public during meetings of the Lodi City Council.
The following alternatives are available to members of the public to watch Council meetings and
provide comments on agenda and non-agenda items before and during the meetings.
Viewing:
Members of the public may view and listen to the open session of the meeting at
https://www.facebook.com/CityofLodi/; or
Please click the link below to join the webinar:
https://zoom.us/j/94531814801?pwd=aDgreW9IZDlVU1I1Zk5HV3lMQnM1dz09
Password: 527898
Or iPhone one-tap : US: +16699009128,,94531814801#
Or Telephone: Dial: US: +1 669 900 9128
Webinar ID: 945 3181 4801
Public Comment:
Members of the public can send written comments to the City Council prior to the meeting by emailing
councilcomments@lodi.gov. These emails will be provided to the members of the City Council and will become
part of the official record of the meeting.
Members of the public who wish to verbally address the City Council during the meeting should email those
comments to councilcomments@lodi.gov. Comments must be received before the Mayor or Chair announces
that the time for public comment is closed. The Assistant City Clerk will read three minutes of each email into the
public record. IMPORTANT: Identify the Agenda Item Number or Oral Communications in the subject line of your
email. Example: Public Comment for Agenda Item Number C-17. Members of the public may also participate via
Zoom at the following link: https://zoom.us/j/94531814801?pwd=aDgreW9IZDlVU1I1Zk5HV3lMQnM1dz09.
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance
to provide public comment in this meeting, please contact the Office of the City Clerk at (209) 333-6702 or
cityclerk@lodi.gov at least 48 hours prior to the meeting in order for the City to make reasonable alternative
arrangements for you to communicate your comments. If you need special assistance in this meeting for purposes
other than providing public comment, please contact the Office of the City Clerk at (209) 333-6702 or
cityclerk@lodi.gov at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to
ensure accessibility to this meeting (28 CFR 35.160 (b) (1)).
SPECIAL TELECONFERENCE NOTICE
Pursuant to Executive Order N-29-20:
The Brown Act, Government Code Section 54953, contains special requirements that apply when members of a
legislative body participate in a public meeting by telephone. Certain of these requirements have been suspended
by Paragraph 3 of Executive Order N-29-20, executed by the Governor of California on March 17, 2020, to mitigate
the spread of Coronavirus (COVID-19). In particular, the Executive Order suspends that provision of the Brown Act
that requires noticing, posting of agendas, and public access to each location where a member will be participating
telephonically, as well as provisions that require physical presence of members of the legislative body or the public
for purposes of a quorum or to hold a meeting. Executive Order N-29-20 allows an agency to conduct a
teleconference meeting that provides members of the public telephonic or other electronic participation in place of
making a physical location for the public to observe the meeting and provide public comment, consistent with other
provisions of the Brown Act.
\\cvcfilv01\administration$\Administration\CLERK\Agenda\COUNCIL\2020\07-21-20agnSMTeleconference.docx 7/16/2020 4:42 PM
CITY COUNCIL SPECIAL AGENDA
JULY 21, 2020
PAGE TWO
For information regarding this Agenda please contact:
Pamela M. Farris
Assistant City Clerk
Telephone: (209) 333-6702
A. Call to Order / Roll Call
B. Regular Calendar
B-1 Provide Direction on COVID-19 Response for Economic Development by Offering No Cost Permitting
Options for Certain Outdoor Business Operations Allowed Under Current Health Orders (CM)
B-2 Provide Enforcement Direction to Staff on COVID-19 Public Health Orders in Light of Threats to the Loss
of State Funding (CM/CA)
C. Adjournment
Pursuant to Section 54956.2(a) of the Government Code of the State of California, this agenda was posted at a place
freely accessible to the public 24 hours in advance of the scheduled meeting.
______________________________
Pamela M. Farris
Assistant City Clerk
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. 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 Pamela
M. Farris 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 Pamela M. Farris (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 teleconference meeting at the following Streaming Links:
https://www.facebook.com/CityofLodi/
https://zoom.us/j/94531814801?pwd=aDgreW9IZDlVU1I1Zk5HV3lMQnM1dz09
Agenda Item B-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Provide Direction on COVID-19 Response for Economic Development by
Offering No Cost Permitting Options for Certain Outdoor Business
Operations Allowed Under Current Health Orders
MEETING DATE: July 21, 2020
PREPARED BY: City Manager
RECOMMENDED ACTION: Provide direction on COVID-19 response for economic development
by offering no cost permitting options for certain outdoor business
operations allowed under current health orders.
BACKGROUND INFORMATION: Effective July 13, 2020, the California Department of Health issued
a new order pertaining to all counties within the state and orders
specific to counties on the County Monitoring List. San Joaquin
County is on the County Monitoring List. The County of San Joaquin Public Health Officer followed suite
issuing a modified stay-at-home order. The orders prevent certain industries and activities from operating
indoors for a minimum of three weeks. These include gyms and fitness centers, places of worship, and
restaurants. Also included are protests, offices for non-critical infrastructure sectors, personal care
services, hair salons and barbershops, and malls. Businesses with outdoor space available are
permitted to utilize that space to conduct operations with limitations. Limitations include, but are not
limited to, the use of face coverings and social distancing requirements as further outlined in both State
and County Public Health Orders, as well as State Guidelines. The exception, are barbering,
cosmetology, and electrolysis services which are subject to licensing with the Barbering & Cosmetology
Board and are required to be performed in a licensed establishment (Bus & Prof Code §7317). For the
businesses that can operate outdoors, in most cases the only available space is private parking lots,
public right-of-ways, or potentially City parks.
Based on previous restrictions placed on indoor dining, the City Council authorized a no cost permit
program for outdoor dining. This process allows business owners to apply at no cost for a permit to
encroach in either a private parking lot, or in certain locations, into the public right of way. The City is
funding certain safety equipment to facilitate the outdoor operations for these businesses in an effort to
keep the economy in Lodi strong.
Staff is seeking direction from the City Council on a possible expansion of this COVID-19 related
economic development program. Staff needs answers to the following questions and specific direction
on the scope of each proposed program should Council desire to offer these programs.
All of the questions pertain to gyms and fitness centers, places of worship, and personal care services,
excluding barbering, cosmetology, and electrolysis, which as discussed above can only be performed in
a licensed establishment.
APPROVED: ________________________________
Stephen Schwabauer, City Manager
Provide Direction on COVID-19 Response for Economic Development by Offering No Cost Permitting
Options for Certain Outdoor Business Operations Allowed Under Current Health Orders
July 21, 2020
Page 2
1.) Should the City offer a no cost permit program for businesses to operate outdoors in
private parking lots?
2.) Should the City consider a program similar to the downtown outdoor dining program in
other locations when it is feasible for these businesses to utilize public right-of-way?
3.) Since some businesses may not be able to use private parking or immediately adjacent
rights-of-way, should the City consider a no cost permit process for use of City parks?
City staff has begun to field a substantial amount of questions on these issues, including one request
from a faith based organization to conduct activities in a park near to their main point of operation. Staff
is seeking direction from Council as how to operate under the newly revised health orders in our
continuing effort to support Lodi businesses.
FISCAL IMPACT: Depending on the scope for the program permitted, the City may incur
costs. Costs for economic development programs to respond to COVID
are eligible uses of the CARES Act funding authorized by the State. Other
potential uses of those funds are Public Safety response, including salaries and benefits. Approving any
program acknowledges the City will be funding it from the approximately $838,000 in CARES Act funding
not included in the FY 2020/21 budget. Revenue losses incurred because of no cost permitting cannot
be made up through any outside grant source.
FUNDING AVAILABLE: CARES Act funding.
______________________________
Stephen Schwabauer
City Manager
Agenda Item B-02
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Provide Enforcement Direction to Staff on COVID-19 Public Health Orders
in Light of Threats to the Loss of State Funding
MEETING DATE: July 21, 2020 Special Meeting
PREPARED BY: City Manager and City Attorney
RECOMMENDED ACTION: Provide enforcement direction to staff on COVID-19 Public Health
Orders in light of threats to the loss of State funding.
BACKGROUND INFORMATION: On July 1, 2020, Governor Gavin Newsom issued a letter to California
Elected Officials (see attached) stressing the importance of fighting
and defeating the COVID-19 pandemic, and emphasized the role of
cities and counties to protect their residents by ensuring compliance with state and county public health
orders. The Governor further stated that a “local government that refuses to abide by, ensure compliance
with, or take action against noncompliance with these statewide public health directives, or that takes
action that is otherwise congruent with these directives, could jeopardize their eligibility for state funding.”
Although not addressed in the Governor’s letter, staff understands that an inability to certify compliance
with public health orders could also affect the City’s ability to qualify for FEMA funding.
FISCAL IMPACT: $3,115,287
FUNDING AVAILABLE: CARES Act, FEMA funding, County grant, and other State funding,
including the Great Plates Delivered program.
_______________________________
Stephen Schwabauer
City Manager
_______________________________
Janice D. Magdich
City Attorney
Attachment
APPROVED: ________________________________
Stephen Schwabauer, City Manager
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