HomeMy WebLinkAboutMinutes - January 17, 1996CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 17,1996
7:00 P.M.
Present: Council Members - Davenport, Mann, Pennino, Sieglock and Warner (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Acting Assistant City Manager/Public Works Director
Ronsko, Community Development Director Schroeder, Finance Director
McAthie, City Attorney Hays and City Clerk Perrin
2. INVOCATION
The invocation was given by Pastor Norm Mowery, First United Methodist Church.
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e The Pledge of Allegiance was led by Mayor Warner.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Steven Crabtree with the Kiwanis Club of Greater Lodi presented Mayor Warner with a
check in the amount of $1,500 as payment towards the Lodi Lake Park playground
equipment. Mayor Warner thanked the Kiwanis Club and all of the service clubs in the
City for the work that they do for this community. Mr. Crabtree announced they are
working on an upcoming event which will be held in May in conjunction with the Youth
Commission.
FILE NO. CC -6 AND CC -11
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of Mayor
Warner, Sieglock second, unanimously approved the following items hereinafter set forth except
those otherwise noted:
a) Claims were approved in the amount of $3,193,394.35.
FILE NO. CC -21(a)
b) The Minutes of January 3, 1996 (Regular Meeting) were approved as written.
C) Authorized the sale of scrap wire and metal at periodic intervals during the calendar year
1996.
FILE NO. CC -20 AND CC -47
d) Adopted Resolution No. 96-02 awarding the bid for the purchase of 116 high-pressure
sodium luminaires to the low bidder, Ace Supply Company of Emeryville, in the amount of
$9,749.22.
FILE NO. CC -12(d) AND CC -300
Condaued January 17, 1996
e) Adopted Resolution No. 96-03 awarding the bid to produce and deliver printed envelopes,
— as required by the City during calendar year 1996, to the low bidder, Vanier Business
Forms and Services of Stockton, in the amount of $14,663.43.
FILE NO. CC -12(d) AND CC -300
f) Agenda item #E-6 entitled, "Acceptance of improvements under Granular Activated
Carbon Filter Systems for Wells 4R, 22 and 23 contract" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
(Removed by Council Member Davenport.)
g) Adopted Resolution No. 96-04 approving the revised class specification for Accounting
Technician and the reallocation of one Account Clerk position to Accounting Technician.
FILE NO. CC -34 AND CC -300
h) Agenda item #E-8 entitled, "Set Public Hearing for February 7, 1996 to:
Consider the request of Dale Gillespie on behalf of Geweke Properties for a
General Plan Amendment to redesignate a portion of the parcels at 570 East
Taylor Road and 15201 North Lower Sacramento Road (APN's 027-050-14 and
23) from PR, Planned Residential and NCC, Neighborhood -Community
Commercial to LDR, Low Density Residential and NCC, Neighborhood -
Community Commercial
2. Consider the request of Dale Gillespie on behalf of Geweke Properties to prezone
a 19.7 acre portion of the parcels at 570 East Taylor Road and 15201 North
Lower Sacramento Road (APN's 027-050-14 and 23), C -S, Commercial Shopping
and a 17.3 acre portion of those parcels R-2, Single -Family Residential
Certify the filing of a Negative Declaration by the Community Development
Director as adequate environmental documentation on the above projects"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar. (Removed by Council Member Pennino.)
Agenda item #E-9 entitled, "Set Public Hearing for February 7, 1996 to:
Consider the request of Lori W. McIntosh on behalf of Southwest Associates to
prezone the 21.46 acre parcel at 630 East State Route 12 (APN 058-030-02) to
C -S, Commercial Shopping
2. Certify the filing of a Negative Declaration by the Community Development
Director as adequate environmental documentation on the above project"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar. (Removed by Council Member Pennino.)
j) Set Public Hearing for February 21, 1996 to consider amending Lodi Municipal Code
Chapter 13.12 (Sewer Service) to add "Bakery" to Commercial categories.
FILE NO. CC -44
2
Continued January 17,19%
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Following discussion regarding acceptance of improvement under Granular Activated
Carbon Filter Systems for Wells 4R, 22 and 23 contract, Council Member Pennino made
a motion, Warner second, to continue the matter to the February 7, 1996 City Council
meeting. The motion failed by the following vote:
Ayes: Cduncil Members - Pennino and Warner (Mayor)
Noes: Council Members - Davenport, Mann and Sieglock
Absent: Council Members - None
Further, the City Council, on motion of Council Member Mann, Sieglock second,
unanimously accepted the improvements under the "Granular Activated Carbon Filter
Systems for Wells 4R, 22 and 23" contract and directed the City Engineer to file a Notice
of Completion with the County Recorder's office. Further, staff will prepare a report to the
City Council and the press in response to Council Member Davenport's concerns
regarding the contract and the work that was done, or in Mr. Davenport's opinion, not
done.
FILE NO. CC -6 AND CC -90
b) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
took the following actions:
Set Public Hearing for February 7, 1996 to:
Consider the request of Dale Gillespie on behalf of Geweke Properties for
a General Plan Amendment to redesignate a portion of the parcels at 570
East Taylor Road and 15201 North Lower Sacramento Road (APN's 027-
050-14 and 23) from PR, Planned Residential and NCC, Neighborhood -
Community Commercial to LDR, Low Density Residential and NCC,
Neighborhood -Community Commercial;
b. Consider the request of Dale Gillespie on behalf of Geweke Properties to
prezone a 19.7 acre portion of the parcels at 570 East Taylor Road and
15201 North Lower Sacramento Road (APN's 027-050-14 and 23), C -S,
Commercial Shopping and a 17.3 acre portion of those parcels R-2,
Single -Family Residential; and
C. Certify the filing of a Negative Declaration by the Community
Development Director as adequate environmental documentation on the
above projects.
2. Set Public Hearing for February 7, 1996 to:
a. Consider the request of Lori W. McIntosh on behalf of Southwest
Associates to prezone the 21.46 acre parcel at 630 East State Route 12
(APN 058-030-02) to C -S, Commercial Shopping; and
Certify the filing of a Negative Declaration by the Community
Development Director as adequate environmental documentation on the
above project.
FILE NO. CC -8(a)
Continued January 17, 1996
7. 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 Warner called for the Public Hearing to
consider application from Kenneth J. Kallman, 2248 Newbury Circle, to operate a vehicle
for hire (limousine) within the City of Lodi.
HIRT-MOT97-IMM -70
Kenneth Kallman, 2248 Newbury Circle, Lodi, spoke in support of his request to
operate a limousine service and the need for this type of service in the City of
Lodi, noting most existing limousine businesses are in Stockton and Sacramento.
Mr. Kallman will offer a full service with package deals for different events; and
2. Eric Schneider, Vintage Limousine, 1132 South Mills Avenue, Lodi, spoke in
opposition to granting the requested operator's permit. Mr. Schneider has been
in business for nine years in the City of Lodi, and he can speak from experience
that it is not easy to operate this type of service. Trying to create business in Lodi
can be very interesting. Mr. Schneider feels his service is adequate for the needs
of the City of Lodi at this time. Further, he feels the year of the automobiles
proposed by Mr. Kallman are not up to safety standards.
Council Member Sieglock made a motion, Davenport second, to approve the request and
ordered the City Clerk, by Resolution No. 96-05, to issue a permit to Kenneth J. Kallman
to operate a limousine service within the City of Lodi. The motion failed by the following
vote:
Ayes: Council Members - Mann and Sieglock
Noes: Council Members - Davenport, Pennino and Warner (Mayor)
Absent: Council Members - None
Mayor Warner stated for the record that the reason he voted "No" on this matter was not
to stop competition; however, the subject ordinance needs to be corrected to allow fair
competition for the service listed under the code.
Council Member Davenport stated for the record that he too would like to see the
ordinance changed to allow competition.
Further, it was suggested that, to expedite this matter, staff place on the next agenda the
setting of the public hearing to discuss amending Lodi Municipal Code Chapter 5.24
"Taxicabs and Other Vehicles for Hire".
FILE NO. CC -6 AND CC -33
COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City Attorney and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Mayor Warner,
Pennino second, unanimously rejected the following claim:
Duane Roth, date of loss 9122/95
FILE NO. CC -4(c)
4
t
Continued January 17, 1996
b) City Clerk Perrin read the following ABC Licenses:
1. Walter and Hong Plattel to Inderjeet and Baljit Kang, Quik Stop Market#148, 205
West Lockeford Street, Lodi, Off -Sale Beer and Wine, Person to Person Transfer,
2. Kenneth and Karen Paige, Lakewood Chevron, 236 North Ham Lane, Lodi,
Off -Sale Beer and Wine, Original License;
3. Beverly Vosburgh to Pargat Singh and Santokh Gill, B.J.'s, 548 South
Sacramento Street, Lodi, On -Sale Beer and Wine, Person to Person Transfer,
and
4. Elizabeth Rodriques and Bruce Wickland, Richmaid Restaurant, 100 South
Cherokee Lane, Lodi, On -Sale Beer and Wine, Original License.
Council Member Davenport commented that he was opposed to "original licenses" being
issued in Lodi, because there are enough throughout the City, some of which cause
substantial problems with crime.
FILE NO. CC -7(f)
C) The following report was presented to the City Council:
L
1. Planning Commission report of January 8, 1996
FILE NO. CC -35(c)
d) The City Council, on motion of Council Member Sieglock, Davenport second,
unanimously made the following reappointmentstappointments:
East Side Improvement Committee
Stacey Moore-Wamer
,t
Robert S. Fuller
FILE NO. CC -2(e) AND CC -2(s)
e) The City Council, on motion of Council Member Pennino, Warner second, unanimously
directed the City Clerk to post for the following expiring terms:
Fast Side Improvement Committee
Virginia Lahr Term to expire March 1, 1996
Kevin Suess Term to expire March 1, 1996
Richard Woolstrum Term to expire March 1, 1996
FILE NO. CC -2(s)
5
Continued January 17, 1996
a) The City Council received for filing the following reports and financial statements submitted
by KPMG Peat Marwick LLP and the Finance Department for Fiscal Year 1994195:
The Combined Annual Financial & Single Audit Report
The Management Letter
• The SAS 61 Report (Report to the City Council)
• Agreed Upon Procedures - Appropriations Limitations
Agreed Upon Procedures - Investments
Finance Director McAthie, Accounts Manager Paiste, Senior Account Clerk Wadlow with
the City of Lodi and Diane Manning and Pam Scott with KPMG Peat Marwick LLP were
commended for the long hours and hard work they put in on preparing these documents.
Speaking on the matter were the following persons:
Diane Manning with KPMG Peat Marwick presented an overview of the Annual
Financial Report and Single Audit for fiscal year 1994195. Further, the City has
received awards in the past for their documents and we expect the City to receive
its third award; and
2. Pam Scott with KPMG Peat Marwick presented an overview of the Management
Letter.
City Manager Flynn will prepare a report to the City Council as a response to the
recommendations made by Peat Marwick in its Management Letter.
FILE NO. CC -21(b)
10. ORDINANCES
None
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
ILITM
a) Council Member Davenport thanked everyone for coming to the meeting and stated he
would like to see more people attend. Mr. Davenport commented on the following
matters: 1) Reminded everyone to be ever mindful of gangs, and to always know where
your kids are, what they are doing and where they are; 2) Indicated his support for a
police substation on the east side of town which he will express in a letter to the City
Council. The very presence of it on the east side would be good, because there has been
no decrease in crime. The Police Chief is currently working on a Street Crimes Unit, and
Mr. Davenport hopes it will include bicycle cops; 3) Read an article in the newspaper that
softball fees are going to drop from $360 to $325 and that there are only 10 fast pitch
teams. Mr. Davenport is glad to see that the fees will drop. They should not be raised to
the point that people will not play or participate; 4) Expressed his belief that the people
responsible for the PCE and TCE in the City of Lodi should be the ones to clean up and
should also be cited. The Lodi News Sentinel should be cited and their interests checked
out at their old building where the Finance Department is now located; 5) Complained that
6
t!
Continued January 17, 1996
the Lodi City Newsletter should contain only City news and not news about private
businesses. If the City advertises for one private business it should do it for all; however,
he would like to see it stopped; and 6) Informed the public that the Financial Audit Report
is available to the public for review, a copy of which is at the Library.
FILE NO. CC -6, CC -40, CC -56 AND CC -152
b) Council Member Pennino announced that on February 5, 1996 from 5:30 p.m. to 7:30
p.m. the San Joaquin Rail Commission will have a meeting at the Carnegie Forum to
discuss rail issues and how it relates to the City of Lodi. The public and the Council are
invited to attend. Assemblyman Bowler and Senator Johnston will be there to'
answer
questions. Council Member Pennino also commended the Parks and Recreation
Department on its winter newsletter regarding various sports and activities. Further, Mr.
Pennino thanked the Lodi News Sentinel for the monthly youth edition in the paper; and
commended the teenagers for writing the reports.
FILE NO. CC -6 AND CC -7(h)
C) City Manager Flynn informed the City Council of upcoming Shirtsleeve Sessions: January
23, 1996 Council will discuss the redistribution of functions between Parks and Recreation
and the Community Center (Hutchins Street Square) and will review the City Manager,
and January 30, 1996 Council will hear a presentation regarding a public opinion poll for
the City Lodi. Mr. Flynn commented on a few articles: there was a write up in Public
Power Weekly where Electric Utility Director Vallow and the Electric Utility Department
were recognized for their assistance to PG&E in a recent storm; and an article that shows
the Lodi and. Stockton, California areas as having the highest unemployment rates in the
United States. City Manager Flynn announced he has nominated Kirk Evans for the John
H. Nail Award which is given to municipal assistants who have contributed to their
communities. Mr. Flynn updated the City Council that the interviews for the Community
Development Director will be held on January 31, 1996, and he hopes to announce the
selection in early February. Further, City Manager Flynn informed Council that City
Attorney Hays and Electric Utility Director Vallow will be attending the American Public
Power Association (APPA) legislative meeting in Washington D.C. next week.
FILE NO. CC -6
13. CLOSED SESSION
Mayor Warner adjourned the Council meeting to a Closed Session to discuss the following
matters:
a) Prospective acquisition of 212 West Pine Street, Lodi, the negotiating parties are the City
of Lodi and Beckman Capital Corporation. Price and terms are under negotiation.
b) Prospective lease of City property (275± acres adjacent to White Slough Water Pollution
Control Facility); the negotiating parties are the California Youth Soccer Association and
the City of Lodi. Price and terms of the lease are under negotiation.
C) Threatened Litigation: Government Code §54956.9(b). One case. Potential suit by Betty
Jean Eachus against City of Lodi based on pedestrian/vehicle accident.
Continued January 17, 1996
MWE L01 • • •►
Mayor Warner reconvened the City Council meeting at approximately 9:26 p.m. and disclosed the
following actions:
F -7 -4 --MR, - _••j•• _•j 'jr- •1 - _1•- 1-•• _•1
No final action.
Prospective - - of • ••-lyacres adjacent t• White Slough Water Pollution Control
- • -111 • 1- - - - 1•- -•• •1
No final action.
Threatened Litigation• Government Code§�a_ .966.90) One case Potential suit by Betty Pan
Eachus against City of Lodi based on pedestrian/vehicle accident
No final action.
FILE NO. CC -200(c) AND CC -200(d)
There being no further business to come before the City Council, Mayor Warner adjourned the
meeting at approximately 9:26 p.m.
ATTEST:
Jennifer M. Perrin
City Clerk
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