HomeMy WebLinkAboutMinutes - April 16, 1997LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 16, 1997
7:00 P.M.
ROLL CALL
Present: Council Members - Land, Mann, Sieglock, Warner and Pennino (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Deputy City Manager Keeler, City Engineer Prima, Community
Development Director Bartlam, Finance Director McAthie, Library Services Coordinator
Martinez, City Attorney Hays and City Clerk Perrin
2. INVOCATION
The invocation was given by Pastor Norm Mowery, First United Methodist Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Pennino introduced Bill Dauer who announced that Saturday, May 10, 1997 will be
"Walk For The Health Of It Day" in the City of Lodi. Last year, the event brought in $29,800.
This year's event is estimated to bring in $35,000, which will go toward much needed
equipment for the hospital. They continue to receive and appreciate superb assistance from
both the Police and Fire Departments, and they appreciate their assistance. Mr. Dauer
presented the City Council Members with T-shirts and brochures promoting the event. The
public was encouraged to participate in the walk.
FILE NO. CC -37
b) Mayor Pennino presented a proclamation to Bradley Jones with the Lodi Employment
Development Department (EDD) proclaiming the week of May 5 - 11, 1997 as "Hire A Veteran
Week" in the City of Lodi. Mr. Jones thanked City Council for the proclamation, and called on
local employers and state and local governments to lend support to this campaign. Anyone
needing information was urged to call the Lodi EDD at 333-5317.
FILE NO. CC -37
C) Mayor Pennino presented a proclamation to Library Services Coordinator Martinez and to Gail
Evans with the Tokay High School Library proclaiming the week of April 13 - 19, 1997 as
"National Library Week" in the City of Lodi. Ms. Martinez thanked the City Council for
acknowledging the contributions of the library and for their 90 years of continuous support.
Further, the City Council and the public was invited to visit the Library and attend the
dedication of the Library's Community Room on April 21, 1997 at 5:30 p.m. Ms. Evans also
thanked the City for supporting the school libraries. City Manager Flynn officially announced
and introduced Nancy Martinez who was selected by the Library Board of Trustees as the new
Library Services Coordinator. Ms. Martinez has been acting in this position for nine months
and has done an outstanding job.
FILE NO. CC -37
d) Mayor Pennino presented a proclamation to Matt Petrick proclaiming the month of April, 1997
as "Lodi Community Concert Association Month" in the City of Lodi. This organization has
been here for 50 years. Mr. Petrick thanked the City Council for this recognition and
announced its concert schedule for the next year.
FILE NO. CC -37
Continued April 16, 1997
e) Christina Wright with the Greater Lodi Area Youth Commission, regarding its Honoring Teens
Program, presented Beth Vander Hamm from Lodi High School with the Teen of the Month
Award. Beth thanked the Commission for the recognition and thanked her parents for their
support. An Honorable Mention was presented to Regina Hall, Lodi High School for her dog
training and John Schimke, Seventh Day Adventist School for his academics and church
involvement. Mayor Pennino stated applications can be obtained from the Youth Commission.
FILE NO. CC -2(t)
f) Antonio Pizano, Executive Director with the San Joaquin County Housing Authority, presented
City Council with its Annual Report and further reported on the Authority's accomplishments
and future goals. The theme of the annual report is "People Building Futures". Besides being
known as a caretaker, the Authority is reaching out to the private sector through its Section 8
Program. The Authority is working to come back with solutions to care for the needs of the
community, focusing on rehabilitation and upgrading. As an example, in anticipation of welfare
reform, the Authority is reaching out to work with that sector of the community. It has created a
Resident Construction Program to employ recipients of welfare to work for their money.
They're getting hands-on training, but they are also receiving educational classroom
experience. Mayor Pennino questioned how many individuals are assisted in Lodi. Mr. Pizano
stated that, under the Section 8 Program, and out of 2,400 families throughout San Joaquin
County, 179 families are being assisted in Lodi, the second largest number behind Stockton.
FILE NO. CC -7(b)
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of Council
Member Sieglock, Land second, unanimously approved the following items hereinafter set forth except
those otherwise noted:
a) Claims were approved in the amount of $2,103,116.17 and Disbursements through Wire
Transfers were approved in the amount of $2,195,142.43.
FILE NO. CC -21(a)
b) The minutes of April 2, 1997 (Regular Meeting) were approved as written.
C) Received report of sale of scrap metal in the amount of $4,210.24.
FILE NO. CC -20 AND CC -47
d) Adopted Resolution No. 97-43 awarding the purchase of one power circuit breaker speed and
travel analyzer to the low bidder, Vanguard Instrument Company, c/o Tarbell Associates of
Novato, California, in the amount of $11,960.25.
FILE NO. CC -12(d) AND CC -300
e) Adopted Resolution No. 97-44 awarding the contract for Candy Cane Park Playground
Improvements, 1324 Holly Drive, and English Oaks Common Park Playground Improvements,
2184 Newbury Circle to A.M. Stephens Construction Co., in the amount of $33,922.00.
FILE NO, CC -12(a) AND CC -300
f) Accepted the improvements under the "Central City Revitalization Downtown Underground
Utilities Improvements" contract, directed the City Engineer to file a Notice of Completion with
the County Recorder's Office, appropriated funds in accordance with staff recommendation,
and received Contract Change Order for the project.
FILE NO. CC -72 AND CC -90
g) Accepted the improvements under the "Watermain Installations, Turner Road and Laurel
Avenue, and Lodi Lake Park" contract and directed the City Engineer to file a Notice of
Completion with the County Recorder's Office.
FILE NO. CC -90
2
Continued April 16, 1997
h) Adopted Resolution No. 97-45 accepting the bid of $40,000 from the Lodi Chapter of Habitat
for Humanity of San Joaquin County, Inc. for the property at 1775 South Church Street and
authorized the City Manager and City Clerk to execute the deed for this property when the
money is received.
FILE NO. CC -12(a) AND CC -300
i) Adopted Resolution no. 97-46 approving the Federal Transit Administration (FTA) 1996-97
Program of Projects.
FILE NO. CC -50(a) AND CC -300
j) Approved the agreement with the United States Postal Service for installation and maintenance
of the "mini -plaza" to be constructed on postai service property in conjunction with the Central
City Revitalization Improvement Project, and authorized the City Manager and City Clerk to
execute the Agreement.
FILE NO. CC -72 AND CC -90
k) Adopted Resolution No. 97-47 supporting AB1296 making skateboarding a hazardous
recreational activity.
FILE NO. CC -24(b), CC -28 AND CC -300
1) Agenda item #E-12 entitled, "After School Playground fee increase" was pulled from the
agenda pursuant to staffs request.
6. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Pennino called for the Public Hearing to consider
Planning Commission's recommendation to adopt additions to section 17.57 of the Zoning
Ordinance of the Lodi Municipal Code.
ACTION:
The City Council, on motion of Council Member Sieglock, Land second, unanimously continued
the Public Hearing to May 21, 1997 to consider Planning Commission's recommendation to
adopt additions to section 17.57 of the Zoning Ordinance of the Lodi Municipal Code.
FILE NO. CC -53(a)
7. COMMUNICATIONS (CITY CLERK)
a) The following report was presented to the City Council:
1. Planning Commission report of March 24, 1997
FILE NO. CC -35(c)
b) The City Council, on motion of Council Member Sieglock, Land second, unanimously
directed the City Clerk to post for the following expiring terms on various boards and
commissions:
Advisory Board 49-99 Library Systems
Pat DeSelms term to expire July 1, 1997
Library Board of Trustees
David Duncan term to expire June 30, 1997
Rita Devencenzi term to expire June 30, 1997
K
Continued April 16, 1997
Lodi Arts Commission
Rexford Reynolds
Susan Maley
Marlo Kerner
William Crabtree
Sherri Smith
Planninq Commission
Harry Marzolf
W. John Schmidt
term to expire July 1, 1997
term to expire July 1, 1997
term to expire July 1, 1997
term to expire July 1, 1997
term to expire July 1, 1997
term to expire June 30, 1997
term to expire June 30, 1997
Greater Lodi Area Youth Commission
Adult advisors:
Marilyn Hughes
David Wright
Samir Berbawy
Student appointees:
Christina Wright
Heidi Ensminger
Steve Marks
Suzanne Radotic
term to expire August 30, 1997
term to expire August 30, 1997
term to expire August 30, 1997
term to expire August 30, 1997
term to expire August 30, 1997
term to expire August 30, 1997
term to expire August 30, 1997
San Joaquin County Commission on Aging
Dorance Ochs term to expire June 30, 1997
FILE NO. CC -2(a), CC -2(d), CC -2(g), CC -2(k) AND CC -2(t)
REGULAR CALENDAR
a) The City Council, on motion of Council Member Warner, Mann second, adopted Resolution No.
97-48 installing a 220 -foot no -parking zone on Woodhaven Lane at Turner Road to improve
visibility of the traffic signal by the following vote:
Ayes: Council Members - Land, Mann, Sieglock and Warner
Noes: Council Members - Pennino (Mayor)
Absent: Council Members - None
Speaking on the matter was the following person:
Del Smith, 2505 West Turner Road, Lodi, spoke in favor of the staff recommendation.
This intersection has had a high number of traffic accidents because of the visibility
problem caused by the trucks. The semi -trucks park right by the intersection where
pedestrians cross, and because of development in the area, the pedestrian traffic will
be increasing. It is a dangerous intersection.
FILE NO. CC -48(e) AND CC -300
ORDINANCES
a) Ordinance No. 1647 entitled, "An Ordinance of the City Council of the City of Lodi Amending
Title 8 - Health and Safety of the Lodi Municipal Code by Adding Chapter 8.22, Relating to the
Declaration of Nuisances as to Specific Hazardous Chemicals" having been introduced at a
regular meeting of the Lodi City Council held April 2, 1997 was brought up for passage on
motion of Council Member Warner, Land second. Second reading of the ordinance was
omitted after reading by title, and the ordinance was then adopted and ordered to print by the
following vote:
4
Continued April 16, 1997
Ayes: Council Members - Land, Mann, Sieglock, Warner and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -24(a), CC -24(b) AND CC -149
10. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) John C. Penny, 321 Neplus Court, Lodi, expressed a complaint against the City of Lodi
Finance Department. Mr. Penny is a "functional illiterate" and has difficulty in writing out his
checks. He recently went into the Finance Department to pay his City utility bill. He stood in
line for some time, even though he was in pain from his recent accident. When he arrived at
the window and requested assistance in filling out his check, the person at the window said she
would not do it. He has no one else in his life to help him write his check, and he has never
had this problem at other places of business. City Manager Flynn indicated he is not sure if the
City has a policy on this matter; however, he will ask the Finance Director to look into the
matter. There are some concerns of writing out someone else's checks; however, if someone
is unwilling to help, there are other persons at City Hall who can. Finance Director McAthie
explained that the Finance Department has experienced problems with this in the past. Staff
assisted a customer, who later returned accusing the City of cleaning out her bank account by
writing the check in an amount over what was authorized. For the protection of the customer
and staff, the Department recommends that a friend or relative assist in filling out the check.
The Council Members agreed that, although there may be a small risk and the occasional
problem, people with disabilities should be given additional assistance.
FILE NO. CC -16 AND CC -21(a)
11. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Land acknowledged that the City awarded a contract to a local company on
this evening's Consent Calendar and encouraged all Lodi businesses to submit bids. Mr. Land
received a call from a citizen this week who had Continental Cable at her house to do some
work. She asked the cable employee why cable rates have gone up as was told it was due to
the City Revitalization project. Mr. Land assured the public that this information is just not true
and the cable company is not paying for the Revitalization Project at all. Further, Council
Member Land recently had the opportunity to be "Principal For A Day" at Washington School.
He had a great time, and thanked the school for the invitation to do so. Their student body
council would like to conduct one of its meetings here at the Carnegie Forum.
FILE NO, CC -6, CC -16 AND CC -72
b) Council Member Sieglock commented on an article in The Record regarding the Defense
Logistics Agency being shut down for consolidation and requested that a resolution in support
of maintaining the facility here be placed on the next agenda. Mayor Pennino clarified the
depot would be laying off 350 employees.
FILE NO. CC -6
C) Council Member Mann added to Council Member Land's comment regarding "Principal For A
Day". Mr. Mann also had the opportunity to do this last year, and feels it would be a good idea
to invite the principals to a Shirtsleeve Session to be a "Council Member For A Morning".
Council concurred and directed the City Manager to make the arrangements.
FILE NO. CC -6
d) City Engineer Prima responded to Council Member Land regarding Continental Cable
employees giving out erroneous information. Public Works has also received this complaint
and is sending a letter asking the company to inform their employees correctly. Further, Public
Works has received many calls regarding 30 minute parking downtown. Mr. Prima reassured
citizens that the City is not putting 30 minute parking all over downtown, and staff is simply
Continued April 16,1997
reviewing request from businesses in selected areas. There will be a general meeting on the
matter on April 28, 1997, and staff will then return to the City Council with recommendations.
City Manager Flynn added that the Downtown Revitalization Project Coordinator has visited
with over 75 merchants downtown, interviewed them and is receiving informal votes on the
matter, which will be reported back to the City Council.
FILE NO. CC -72
e) Council Member Mann requested an update on the status of the train depot. City Engineer
Prima indicated that things are moving along. Harry Montgomery with the San Joaquin Rail
Commission has been a great asset and has been following through on the details. Some of
the issues staff is trying to resolve is the relocation of the gas pipeline and working with
Caltrans to make an offer on the property. Moving of the structure will most likely not happen
until 1998. The Rail Commission is in the process of putting together a request for proposals.
Council Member Mann asked for a report on the passenger rail decision. City Engineer Prima
indicated that he believes the funding is in the Governor's budget. Mayor Pennino stated that
there is some discussion at the Caltrans level to request the Governor to reallocate the money;
therefore, we may have to do some political fighting on this matter.
FILE NO. CC -7(h) AND CC -72
f) Council Member Sieglock encouraged the public to attend the Lodi Boys and Girls Club Annual
Mardi Gras on Saturday, April 19, 1997. Tickets are still available.
12. CLOSED SESSION
Mayor Pennino adjourned the meeting to a Closed Session to discuss the following matter:
a) Pursuant to Government Code §54956.9(c). Conference with legal counsel. Anticipated
litigation/initiation of litigation. One potential case.
13. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
Mayor Pennino reconvened the City Council meeting at approximately 8:36 p.m. and disclosed the
following information:
a) Pursuant to Government Code §54956.9(c). Conference with legal counsel. Anticipated
litigation/initiation of litigation. One potential case.
The City Council authorized joining the City of Modesto in action against the San Joaquin
County relative to recently adopted ordinance dealing with the application of biosolids to private
property.
FILE NO. CC -200(d)
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Pennino adjourned the
meeting at approximately 8:36 p.m.
ATTEST:
nnifer M. rrin
ity Clerk
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