HomeMy WebLinkAboutMinutes - March 30, 1996Ido
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 6, 1996
7:00 P.M.
ROLL CALL
Present: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Absent: Council Members - Davenport
Also Present: City Manager Flynn, Public Works Director Ronsko, City Engineer Prima,
Community Development Director Schroeder, Finance Director McAthie,
City Attorney Hays and City Clerk Perrin
INVOCATION
The invocation was given by Darryl Peabody, United Congregational Christian Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Warner.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Warner presented the Government Finance Officers Association's Distinguished
Budget Presentation Award to Finance Director McAthie.
FILE NO. CC -21(b)
b) Mayor Warner presented Harry Marzolf of the East Side Improvement Committee with a
proclamation proclaiming the month of March 1996 as "American Bungalow Month" in the
City of Lodi. Mr. Marzolf invited the City Council and the public to attend its free home
improvement workshop on Saturday, March 30, 1996 at the American Legion Building,
9:30 a.m. - 1:30 p.m. There will also be a tour of six Lodi bungalows on Sunday, March
30, 1996 from 11 a.m. - 3 p.m. Tickets are on sale at various banks throughout Lodi.
FILE NO. CC -37
C) Mayor Warner presented a Resolution of Appreciation to retiring Graffiti Abatement
Coordinator, Ernest DiLiberto. Mr. DiLiberto has worked for the City in this capacity for
four years since the program's inception. He started working only 20 hours a week and
quickly went to full time in order to keep up with the increase in graffiti. Mr. DiLiberto, also
known as "Graffiti Man" and "Graffiti Terminator", will be greatly missed.
FILE NO. CC -34
d) Mayor Warner presented a Certificate of Recognition to City of Lodi employee Linda
McEnerney, for her excellent service and representation of the City of Lodi. Mike Bennett
with the San Joaquin County Historical Museum explained how recently the Lodi District
Chamber of Commerce Tourism Committee conducted an informal telephone inquiry
regarding tourism in the City. Representatives telephoned various entities including the
City of Lodi with questions concerning museums and things to do in the area. Ms.
McEnerney provided the most complete responses out of all of the offices called and
provided information regarding local museums and sites and the Chamber of Commerce.
FILE NO. CC -34
Continued March 6, 1996
e) Mayor Warner presented a Certificate of Appreciation to Robby Hoffman of Boy Scout
Troop 199 in recognition of his volunteer service project at Lodi Lake Nature Area. The
group planted four willow trees and sowed ten pounds of erosion control native grass
seed near Pigs Lake.
FILE NO. CC -27(c)
f) The City Manager introduced newly -appointed Risk Management Coordinator, Jeff Byers.
FILE NO. CC -37
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Sieglock, Warner second, approved the items hereinafter set forth except those
otherwise noted by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
a) Claims were approved in the amount of $1,690,121.42.
FILE NO. CC -21(a)
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b) The Minutes of February 21, 1996 (Regular Meeting) and February 24, 1996 (Joint
Meeting with Library Board) were approved as written.
C) Approved the plans and specifications for bids for Well 4R water storage tank and pump
station project, 1215 Thurman Street and authorized advertisement for bids.
FILE NO. CC -12.1(c)
d) Agenda item #E-4 entitled, "Rejection of bids, approval of revised specifications and
authorization to readvertise for bids for Fire Department day room furniture" was pulled
from the agenda pursuant to staffs request.
e) Adopted Resolution No. 96-18 awarding the purchase of a heavy-duty lift truck (forklift) for
Equipment Maintenance Division from Gray Lift, Inc., of Manteca, in the amount or
$22,096.77 and appropriated funds in accordance with staffs recommendation.
FILE NO. CC -12(d) AND CC -300
f) Adopted Resolution No. 96-19 awarding the contract for City Hall Entry project to
E.F.G.C. Construction, of Stockton, in the amount of $99,990 and appropriated funds in
accordance with staff recommendation.
FILE NO. CC -12(a) AND CC -300
g) Received for information only Contract Change Orders for Civic Center Improvements
(Phase II), City Hall Remodel.
FILE NO. CC -90
h) Accepted improvements under the "Wastewater Pipe Improvements, Alley South of
Locust Street, Washington Street to Cherokee Lane" contract, and directed the City
Engineer to file a Notice of Completion with the County Recorder's office.
FILE NO. CC -90
Adapted Resolution No. 96-20 accepting the development improvements for Century
Meadows Two, Unit No. 2, Tract No. 2693.
FILE NO. CC -46 AND CC -300
vConfinued NIarch 6, 1996
j) Approved the final map for Woodhaven Park, Unit No. 2, Tract No. 2717, and directed the
City Manager and City Clerk to execute the Improvement Agreement and map on behalf
of the City.
FILE NO. CC -46 AND CC -90
k) Approved the Fee Deferral Agreement for 705 West Kettleman Lane, and directed the
City Manager and City Clerk to execute the agreement and map on behalf of the City.
FILE NO. CC46 AND CC -90
Approved the Cooperative Agreement with San Joaquin County Council of Governments
(SJCOG) and authorized the City Manager to execute the agreement.
FILE NO. CC -90
M) Agenda item #E-13 entitled, "Vacation of public utility easement at 1 West Turner Road,
from North of Turner Road to the Mokelumne River" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
(Removed by Mayor Warner.)
n) Approved the specifications for bids for a courier service as a more effective method to
transport mail and interdepartmental correspondence and authorized advertising for bids.
FILE NO. CC -12.1(c)
o) Agenda item #E-15 entitled, "Receive refuse rate proposal from California Waste
Removal Systems and set public hearing for March 20, 1996" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar. (Removed by Mayor Warner.)
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) (Due to a conflict of interest, Mayor Warner abstained from discussion and voting on the
following matters.)
The City Council, on motion of Council Member Pennino, Sieglock second, took the
following actions by the vote shown below:
Adopted Resolution No. 96-17 vacating the 10 -foot public utility easement at 1
West Turner Road, from north of Turner Road to the Mokelumne River; and
FILE NO. CC -52(b) AND CC -300
2. Received refuse rate proposal from California Waste Removal Systems and set
Public Hearing for March 20, 1996
FILE NO. CC -6, CC -22(b) AND CC -54
Ayes: Council Members - Mann, Pennino and Sieglock
Noes: Council Members - None
Absent: Council Members - Davenport
Abstain: Council Members - Warner (Mayor)
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 project proposals and community input regarding the 1996197 Federal
allocations of Community Development Block Grant (CDBG) and HOME funds.
/ 38
Continued March 6, 1996
Hearing Opened to the Public
John Brinton, Family Law Service Center, 165 Saint Dominic Drive, Manteca,
thanked the City Council for the funds it received last year and further requested
$7,000 this year to help with its operations. This agency addresses the legal
needs of the indigent;
Richard Jones, Boys and Girls Club, 2445 South Ham Lane, Lodi, requested
funding of $200,000 for assistance in completing Phase III of its project. Some of
the areas left to complete are the computer classrooms, teen center, creative arts
program and administrative offices. The Boys and Girls Club has applied for
many grants and are in contention for a $100,000 grant; however, a decision will
not be made until late fall. A fundraiser, scheduled for October, will raise funds
for use toward maintenance and operation of the new building. Mr. Jones will
speak with his board on whether or not it would be interested in a loan of funds;
3. Harry Marzolf and Colleen Dixon, Lodi East Side Improvement Committee, P.O.
Box 2444, Lodi, requested $5,000 toward committee operations and expenses
and $150,000 to continue with the east side lighting project (Phase III);
4. Scott Keithley, Lodi Lions Club, requested the reinstatement of $105,000 that was
allocated for the Legion Park project last year (the project total was $211,000).
y One half of the funds, although approved last year, was reallocated this year for
Hotel Lodi;
5. Robert Klinger, Director, San Joaquin County Food Bank, 2050 Angelico Circle,
Stockton, requested $10,000 for operations and thanked Council for its past
support;
- 6. Alfred Parker, Salvation Army, 1218 Wimbledon Drive, Lodi, requested $150,000
to help continue its operation in the City of Lodi. The funds would go towards
needed roof repairs, a computer system, upgrading and/or replacing the
telephone system, housing for women and children, transportation systems,
facility upgrades and administrative support. For facility upgrades alone, the
Salvation Army could get by with about $98,000; and
7. Community Development Director Schroeder indicated that the administration,.
DAR, housing rehab and fair housing are onpgoing programs. Further, Mr.
Schroeder spoke on behalf of Mamie Starr, Facilities Planner with Lodi Unified
School District, stating LUSD would not be making a request, as they are unsure
of their eligibility for block grant funds at this time.
Public Portion of Hearing _Closed
ACTION:
The City Council, on motion of Council Member Sieglock, Warner second, continued the
public hearing to March 20, 1996 regarding Community Development Block Grant
(CDBG) and HOME funds by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
Staff will return at that time with a recommendation.
FILE NO. CC -6 AND CC -55
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Continued AYfarch 6, 1996
b) 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 continued Public Hearing
to consider amending Lodi Municipal Code 13.12 (Sewer Service) to add "Bakery" to
commercial categories.
ACTION:
The City Council, on motion of Council Member Pennino, Warner second, terminated the
public hearing to consider amending Lodi Municipal Code 13.12 (Sewer Service) to add
"Bakery" to commercial categories pending further information by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner
Noes: Council Members - None
Absent: Council Members - Davenport
Further, the City Council, on motion of Council Member Sieglock, Warner second,
authorized the City Manager to execute a professional services agreement for a
wastewater rate analysis, not to exceed S18,000, by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -6, CC -44 AND CC -149
8. RECESS
Mayor Warner declared a ten-minute recess and the City Council meeting reconvened at
approximately 8:45 p.m.
9. PUBLIC HEARINGS (Continued)
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 establishment of City Charter.
Hearing Opened to the Public
The following persons spoke in opposition to eliminating the prevailing wage in the City of
Lodi, which is a potential issue in a city charter. Various reasons cited against eliminating
prevailing wage were low -paid and low -skilled workers, no more apprenticeship program
(training of the laborers), disappearance of health and welfare, unfair bidding procedures,
and decline in areas such as property tax, sales tax and income tax for the City.
1. Michael Halloran, 483 Springer Lane, Lodi;
2. Jane Lea, 207 East Walnut Street, Lodi;
3. William Fletcher, 4220 Waller Road, Stockton;
4. Gary Slauson, 7210 Pheasant Road, Fair Oaks. Mr. Slauson offered to meet with
the City Council Members to discuss further information regarding prevailing
wage and Davis Bacon;
Continued March 6, 1996
5. Dave Young, District Representative for local union #3, 8824 Grant Line Road,
Elk Grove;
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6. Tom Aja, 3313 Bartley Lane, Modesto, also suggested that if the City Council
decides to proceed with a study regarding Charter city, it form an ad hoc
committee which should include representatives concerned with this issue;
7. , . , Tony Cardoza, 11792 East Highway 12, Lockeford;
8. Roger Kelly, 2015 Elmwood, Stockton;
9. Joe Winstead, 3935 Coronado, Stockton, also offered to meet with each Council
Member on an individual basis to go over information regarding prevailing wage;
10. Kevin Coleman, National Electrical Contractors Association, 7500 North West
Lane, Stockton. Mr. Coleman submitted to the City Council a document entitled,
"Losing Ground: Lessons from the Repeal of Nine 'Little Davis -Bacon' Acts" from
the University of Utah (copy of which is on file in the City Clerk's office);
11. Craig Palmtag, 730 Howard Street, Lodi;
12. Michael Monagan, representing California Association Sheet Metal and Air
Conditioning Contractors National Association, 400 Capitol Mall, Sacramento.
Mr. Monagan submitted documentation on prevailing wages (a copy of which is
on file in the City Clerk's office);
13. Sue Markland Day, Executive Director with California Alliance for Jobs, Oakland.
Ms. Markland will forward to the City Council a copy of a report to be released on
March 15, 1996 which analyzes two counties in the south land (one with
prevailing wage, one without). Further, Ms. Markland offered the organization's
services regarding facts and figures for prevailing wages and for land use issues
which can be another issue in Charter city provisions.
In addition to the public comments, letters against eliminating prevailing wages were
received from the following:
1. Andrew Stephens, President, AM Stephens Construction Co., Inc., 1717 South
Stockton Street, Lodi;
2. Jim Munro, President, Vic Myers Inc. Sheet Metal Products, 320 South
Sacramento Street, Lodi; and
3. Bob Balgenorth, President, State Building and Construction Trades Council of
California, Pasadena.
Public Portion of Hearing Closed
ACTION:
Following discussion, the City Council, on motion of Council Member Sieglock, Pennino
second, tabled indefinitely the matter regarding possible establishment of Charter City by
the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -6 AND CC -18
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/3 44
,
Continued Alarch 6, 1996
10. RECESS
Mayor Warner called for a ten-minute recess and the City Council meeting reconvened at
approximately 9:50 p.m.
11. COMMUNICATIONS (CITY CLERK)
a) The City Council, on motion of Council Member Pennino, Mann second, made the
following reappointments by the vote shown below:
East Side Improvement Committee
Virginia Lahr
Kevin Suess
Richard Woolstrum
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -2(s)
12. REGULAR CALENDAR
a) The City Council conducted a Public Meeting regarding Central City Revitalization
Assessment District. No action was required at this meeting.
Speaking on the matter were the following persons:
1. Tim Hachman, Attorney -at -Law, hired by the City of Lodi to conduct the
proceedings involving the, possible formation of an assessment district. Mr.
Nachman explained that the purpose of this evening is to conduct a public
meeting, not a hearing, to allow public testimony regarding the issue. No action is
to be taken at the conclusion of this meeting. There will be a formal hearing on
April 10, 1996 at which time a decision will need to be made;
2. Michael Freedman, Freedman, Tung and Bottomley, summarized the process by
which the catalyst project and funding was arrived. The elements of the
downtown and Cherokee Lane projects and financing was undertaken at seven
community workshops widely advertised and very well attended. One entire
workshop was devoted to how the catalyst projects would be paid for. Ultimately,
the $3.5 million proposal was the one selected. The Central City Assessment
District would pay for half of the construction costs. The Business License Tax
was one of the ways to come up with some of the remainder of the money
needed;
3. Sheryll Salsedo, 542 East Walnut Street, Lodi, spoke on behalf of her parents
who own Lodi Sports Club. They are opposed to the assessment. There is not
much proposed to be done on this part of the street and there is nothing
scheduled on Sacramento Street; -
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Continued March 6, 1996
/3�7
4. Roy Collins, 217 East Pine Street, Lodi, owns six parcels within the assessment
district and is opposed to the project. Mr. Collins originally objected because his
property is on the east side and was never considered as a part of downtown;
therefore, he never attended the meetings. If he had known that this would have
involved him, he would have been there. Mr. Collins feels that they are being
assessed just for the School Street business, Lodi Downtown Business
Association (LDBA) and the merchants. There are limitations to the
improvements, and he feels that the City is ignoring the real problem —
Sacramento Street. None of this will or has affected his property;
5. Darrel Fandrich, Cherokee Lane Mobile Park, 1651 South Cherokee Lane, Lodi,
expressed his belief that the revitalization projects in Antioch, Fairfield, Martinez
and Concord failed and did not bring in more business and people downtown and
even forced some businesses to close. This should show the City Council what
the result will be. Cherokee Lane should be left alone. Medians and planters will
not allow traffic to enter some businesses because it will cut off half of its traffic
and customers.
6. Tony Segale, 204 North Sacramento Street, Lodi, summarized how the project
got this far. This is the time for the property owners to use their money to
improve their properties and have a better downtown and Cherokee Lane so
people will shop there. Upon request the City Council implemented the Business
License Tax to help fund some of these costs. The City Council trusted the public
to fulfill its end of the bargain to form an assessment district to pay its share of the
costs. If one is in the downtown core and paying over 15 years, this would cost
$0.015 cents per square foot per month. If one is outside the downtown core
area, it would cost $0.003 cents per square foot per month;
7. Ira Morgan White, owner of JCPenney building, 7943 Kemper Court, Pleasanton,
spoke in support of the Central City Revitalization Plan, stating no proposal will
make everyone happy, and the issues will have to be argued. However, if
improvements are not done, nothing will happen to better downtown and
Cherokee Lane. Don't let the program die;
8. Bill Sandeen, 410 South Mills Avenue, Lodi, owner of Hazel's restaurant building,
spoke in support of the project. If concerned about Lodi, do something about it.
Make it better by following through with the plan and it will have a ripple affect
throughout the City;
9. Rose Marie Mendonca, 1 North Cherokee Lane, Lodi, spoke in support of the
project. Ms. Mendonca also expressed her concern that several property owners
on Cherokee Lane were misinformed about the sidewalks and the parking and
hoped that those people will look into it and understand it better. We must
improve what we have to make a strong downtown that will filter out to the other
areas. Get behind this and keep it moving;
10. Mike Lapenta, Chairman of the Lodi Downtown Business Association (LDBA),
1718 Edgewood Drive, Lodi, expressed LDBA's support for the project;
11. Sunil Yadav, 1050 South Cherokee Lane, Lodi, representing some of the small
hotel owners, spoke in opposition to the assessment districts. There is nothing
wrong with fixing up Cherokee Lane with curb and gutters and trees; however,
how will the City maintain it, when for years it has not fixed the hole in the street in
front of his building. He is paying high fees already and this would be a burden
on top of everything else. Council Member Mann stated for the record that should
the project go forward, the City would be committed to maintain the trees;
Continued March 6, 1996
12. Jim Jacobsen, 19307 Tami Lane, Woodbridge, spoke in support of the project
and urged those involved in the districts to see what impact the property will have
from these improvements and what the sacrifice will be. The core will be paying
more money because of the direct improvement. Compare those costs to rent-- it
would be like paying $0.015cents more per square foot for rent every month.
That is reasonable;
13. Ken Lung, 820 West Oak Street, Lodi, spoke in support of the project. Just as he
believes that Hutchins Street Square has improved his property value over time
since he lives near it, he feels that all will benefit from this in time;
14. Virginia Lahr, 311 East Elm Street, Lodi, spoke in favor of the Central City
Revitalization Project. This project will require everyone working together to
make it successful and that the benefit will have a ripple effect to Lodi businesses
over time. Sacramento Street and Hale Park were a mess, but the City invested
time and money and it took people working together to keep things going. Ms.
Lahr has already seen an improvement on Cherokee Lane;
15. Paul Easley, 218 North School Street, Lodi, spoke in opposition to the
assessment district. In attending the community workshops, he doesn't recall
seeing the same consensus that everyone talks about. A lot of those properties
not being improved are being assessed;
16. Connie Chan, Sacramento, representing parents who own 701 and 707 South
Cherokee Lane, Lodi, spoke in opposition to the assessment district. Cherokee
Lane is the way it is because of the strip malls, and this will not help the area as
predicted. The only ones it will improve are the profits to the auto dealers;
17. Barbara McWilliams, 208 South School Street, Lodi, downtown property owner,
expressed her support of the Central City Revitalization Project;
18. Diana Slawson, Lodi District Chamber of Commerce Visitors and Conference
Bureau, expressed support for the project. Lodi needs to become a destination
and to increase tourism to collect more of Lodi's share of tax dollars. This is an
opportunity to do something positive to enhance the image of Lodi and spend
money here; however, without a healthy, viable downtown no one will come. The
bottom line is, the overall plan will be good for the City, and we must start
somewhere to grow. Ms. Slawson encouraged all property owners in this area to
support the project; and
19. Virginia White, 7943 Kemper Court, Pleasanton, expressed support for the
project.
FILE NO. CC -6, CC -72 AND CC -400
13, VOTE TO CONTINUE WITH REMAINDER OF MEETING
The City Council, on motion of Council Member Sieglock, Pennino second, voted to continue with
the remainder of the meeting following the 11:00 p.m. hour by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner
Noes: Council Members - None
Absent: Council Members - Davenport
9
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Continued March 6, 1996
14. ORDINANCES
a) Ordinance No. 1626 entitled, "An Ordinance of the City Council of the City of Lodi
Repealing and Reenacting Lodi Municipal Code Chapter 5.24 Relating to Taxicab
Transportation Service" having been introduced at a regular meeting of the Lodi City
Council held February 21, 1996 was brought up for passage on motion of Council
Member Sieglock, Mann 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:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -6, CC -33 AND CC -149
15. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
V 16. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
None.
17. ADJOURNMENT
There being no further business to come before the City Council, Mayor Warner adjourned the
meeting at approximately 12:20 a.m., Thursday, March 7, 1996.
ATTEST:
Jennifer M. Perrin
City Clerk
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