HomeMy WebLinkAboutMinutes - March 20, 1996CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 303 WEST PINE STREET
WEDNESDAY, MARCH 20, 1996
7:00 P.M.
ROLL CALL
Present: Council Members - Davenport (arrived at approximately 7:10 p.m.), Mann, Pennino,
Sieglock and Warner (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Public Works Director Ronsko, Community Development
Director Schroeder, City Attorney Hays and City Clerk Perrin
2. INVOCATION
The invocation was given by Pastor Mike Reed, Lodi Avenue Baptist Church.
PLEDGE OF ALLEGIANCE
r The Pledge of Allegiance was led by Mayor Warner.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Warner presented a Resolution of Appreciation to Lillian Goldsmith as the recipient
of the "Susan B. Anthony" Award.
FILE NO. CC -37
b) Mayor Warner presented a proclamation to Jacob Rutz proclaiming the week of March 17
- 23, 1996 as "77th Anniversary of the Order of DeMolay".
FILE NO. CC -37
C) Mayor Warner presented a Resolution of Appreciation to Community Development
Director James B. Schroeder who is retiring from the City of Lodi after 31 years of
dedicated service. Mr. Jeff Kirst and Mr. Dennis Bennett thanked Mr. Schroeder for all he
has done for this City, and they appreciated the opportunity to work with him. Mr. Kirst
explained that when Mr. Schroeder was hired at the City of Lodi, his father called him the
"new broom" at the City. Over the years the bristles have become worn, tattered and
some have even broken off. Therefore, Mr. Kirst presented Mr. Schroeder with a broom
representing all of the work, the City Council meetings, the Planning Commission
meetings, and LAFCO and neighborhood meetings.
FILE NO. CC -34 AND CC -37
CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Mann second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
a) Claims were approved in the amount of S3,679,763.26.
FILE NO. CC -21(a)
b) The Minutes of March 6, 1996 (Regular Meeting) were approved as written
Continued March 10, 1996
C) Received report of sale of scrap metal.
FILE NO. CC -20 AND CC -47
d) Approved the specifications for bids for exhaust system for Equipment Maintenance Shop
and authorized advertising for bids.
FILE NO. CC -12.1(a)
e} Approved the specifications for bids for mini blinds for City Hall and authorized advertising
for bids.
FILE NO. CC -12.1(b)
f) Approved the specifications for bids for 175 high-pressure sodium luminaires and
authorized advertising for bids.
FILE NO. CC -12.1(b)
g) Adopted Resolution No. 96-21 rejecting the two bids received for day room furniture for
the Fire Department, approved revised specifications and authorized readvertising for
bids.
FILE NO. CC -12(b), CC -12.1(c) AND CC -300
h) Set Public Hearing for April 17, 1996 to consider adoption of the updated Urban Water
Management Plan.
FILE NO. CC -6 AND CC -183(d)
i) Authorized the City Manager to execute a professional services agreement with BASE
Associates in Sacramento, for preparation of the risk management and prevention
program (RMPP) for the White Slough Water Pollution Control Facility.
FILE NO. CC -51(f) AND CC -90
j) Authorized the Electric Utility Director to sign Exhibit A, Revision 1, 'to Contract No. 92 -
SAO -20056 between the City of Lodi and the Western Area Power Administration
(WAPA).
FILE NO. CC -51(d) AND CC -90
k) Authorized the City of Lodi to join the amicus brief for County of San Bernardino. et al.. v.
City of San Bernardino, et al., Supreme Court Case No. S050179
FILE NO. CC -4(f)
1) Agenda item #E-12 entitled, "Approve renewal of contract with 3M Media National
Advertising Company for City -leased advertising billboards" was pulled from the agenda
pursuant to staffs request.
FILE NO. CC -6 AND CC -90
m) Agenda item #E-13 entitled, "Purchase three transit vehicles" 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 Warner called for the continued Public Hearing
to consider adoption of Uniform Fire Code - 1994 as approved by the State of California.
l4A
Continued March 20, 1996
ACTION:
The City Council, on motion of Council Member Mann, Sieglock second, unanimously
continued the Public Hearing to April 17, 1996 to consider adoption of Uniform Fire Code -
1994 as approved by the State of California. +
FILE NO. CC -6
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 Public Hearing to
consider appeal received from Mullen, Sullivan & Newton on behalf of Richard Gallantine
regarding mitigation fees and for the applicability of the dedication and off-site
improvement sections of the Lodi Municipal Code.
Hearing Opened to the Public
Stephen C. Snider, Mullen, Sullivan & Newton, 1111 West Tokay Street, Lodi,
spoke representing Richard Gallantine. Mr. Snider submitted for the record the
following documents:
• Notice of Appeal dated July 5, 1995 regarding off-site improvements and
dedications;
Request for Fee Adjustment or Waiver dated July 5, 1995;
Letter dated July 31, 1995 confirming agreement to try to reach a
resolution;
• Letter of Appeal dated February 2, 1996 requesting to appear before the
City Council regarding the issue of mitigation fees or the applicability of
the dedication and off-site improvement sections of the City Code;
• Letter dated March 14, 1996 from Mr. Gallantine's Certified Public
Accountant showing tax return for the subject property; and
• Copy of invoice dated March 25, 1995 showing amount paid for paving of
the parking lot at the corner of Cherokee Lane and Vine Street.
The real issue is that Mr. Gallantine cleaned up, paved and installed security
fencing around his property_ He took an eye sore and fixed it up. And for
improving this property, the City comes in and says he needs to pay $20,000 in
fees, make improvements and dedicate land. The City claims that Mr. Gallantine
had costs during this 12 -month period above the threshold indicated in the Code;
however, Mr. Gallantine's actual cost of development (not the value of) was well
below the threshold. Further, the City has given a moving target of the 12 -month
period, and he would like it defined. This is the first he has heard about a fence
encroaching on City property on Vine Street. Also, Mr. Snider assured the
Council that the business located there now is not a car detailing business;
however, he is sure that they most likely clean the cars occasionally.
2. Richard Gallantine, 901 South Cherokee Lane, Lodi, spent his own money to
vastly improve the mess that was there. He knew about the threshold and made
sure not to exceed that amount; therefore, he was careful in his improvement
expenses. Dedicating this land to the City will cost him money because he will
have to, in addition to giving up some of his land, move the buildings that
encroach over this land and put in curb, gutter and sidewalk. No permit was
required to do the paving work on his own property; however, it did require an
encroachment permit and he thought he took care of that requirement. He
assured Council he will submit the required documentation regarding the
driveway on Cherokee Lane. Mr. Gallantine feels that his problems began when
he spoke up against the revitalization effort.
Continued Alarch 10, 1996
Public Portion of Hearing Closed
ACTION:
Following discussion regarding the appeal of Richard Gallantine, the City Council, on
motion of Council Member Davenport, Mann second, unanimously referred the matter
back to staff for further research and possible resolution, and further continued the Public
Hearing to April 3, 1996.
FILE NO. CC -6 AND CC -56
RECESS
Mayor Warner called for a ten-minute recess and the City Council meeting reconvened at
approximately 9:50 p.m.
8. 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 continued Public Hearing
to consider staff recommendations for funding of project proposals with Community
Development Block Grant (CDBG) funds and approve several other program -related
reallocations of funds.
Hearing Opened to the Public
1. Colleen Dixon, East Side Improvement Committee, P.O. Box 2444, Lodi, thanked
the City for the recommendation for the Eastside Alley Lighting Project. The
$50,000 will put a small dent in the project, but it will help. In September 1995 it
completed Phase I; Phase II is almost completed; and Phase III will require
installing poles which is the most expensive part of the project;
2. Dwight Dauber, City of Lodi Parks Superintendent, commented he was glad to
see the Council reinstate the Legion Park Project funding which is the highest
priority of its projects. Lions Club is prepared to start its portion of the project, but
cannot go out to bid until it has the money. The other Parks projects include
upgrading the ADA requirements at the tot lots throughout the City and the Lodi
Lake Playground Reconstruction;
3. Harry Marzolf, President East Side Improvement Committee, P.O. Box 2444,
Lodi, also commented on the Eastside Alley Lighting Project. They have
accomplished the alleyways on the east side, and they are now asking for funds
for streets that are not currently lit. 550,000 is a small amount in the bucket, but
they will accept it. It will need another $100,000 to complete the project;
4. Dorance Ochs, Loel Foundation, 1812 Burgundy Drive, Lodi, requested $45,000
as seed money for an elevator to get to its large basement that has not been
used because it is difficult to get to. They hope to be able to use it for a medical
referral center represented with a staff member with the ability to refer persons to
places where they can get care;
5. John Brinton, Family Law Service (located in Stockton), 165 St. Dominic Drive,
Manteca, thanked the City Council for considering the staffs recommendation;
4
l 4
Continued March 20, I996
Scott Keithley, 1543 Fawnhaven Way, Lodi, asked that the money be reallocated
for the Legion Park Project so that the Lions Club may proceed; and
Richard Jones, Boys and Girls Club, 2445 South Ham Lane, Lodi, thanked the !
staff for the recommendation and the priority listing. The project began two years
ago and Lodi was the only organization that did not have its own facility. Phase I
and 11 are being completed with the help of the City of Lodi and the people of this
community. The kids appreciate the support for the project. Phase III is ready to
begin which will give a full service facility, including a library, educational center,
gymnasium, health clinic, game room, etc. The Boys and Girls Club received
news that the $100,000 grant it applied for previously will not be approved at this
time because there is a concern about its fund balance deficit.
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Mann, Sieglock second, adopted
Resolution No. 96-22 approving staffs funding recommendations for the 1996-97 CDBG
entitlement as indicated in Amended Chart A (with further amendment to eliminate the
funding for the Lodi Afterschool Playground Program which funds were added to the
Legion Park Playground Retrofit Program) and approved several program related
reallocations of funds by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and Warner (Mayor)
Noes: Council Members - Pennino
Absent: Council Members - None
FILE NO. CC -6, CC -55 AND CC -300
b) (Due to a conflict of interest, Mayor Warner abstained from discussion and voting on this
matter.)
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 California Waste Removal Systems (CWRS) proposed rates.
Hearing Opened to the Public
1. Jack Fiori, Business Development Director, California Waste Removal Systems,
1333 Turner Road, Lodi, explained the reason for the requested rate increase;
and
2. Cindy Klein, California Waste Removal Systems, Lodi, answered questions
regarding the rates and explained the difference between Lodi's rates and those
of Galt, Sacramento County and San Joaquin County.
Public Portion of Hearino Closed
ACTION:
The City Council, on motion of Council Member Sieglock, Mann second, took the following
actions which increase residential and commercial refuse collection rates in 1996197, by
4.17%, by the following vote:
Continued March 10, 1996 17
Adopted Uncodified Urgency Ordinance No. 1627 entitled, "An Uncodified
Urgency Ordinance Of The City Council Of The City Of Lodi, Repealing
Ordinance No. 1605 In Its Entirety, And Establishing New Rates For Residential
Solid Waste Collection";
2. Adopted Uncodified Urgency Ordinance No. 1628 entitled, "An Uncodified
Urgency Ordinance Of The City Council Of The City Of Lodi,. Repealing
Ordinance No. 1609 In Its Entirety, And Establishing New Rates For Commercial
Solid Waste Collection"; and
3. Adopted Uncodified Urgency Ordinance No. 1629 entitled, "An Uncodified
Urgency Ordinance Of The City Council Of City Of Lodi, Repealing Ordinance
No. 1592 In Its Entirety, And Amending Lodi Municipal Code Chapter 13.16,
Relating To Commercial 10 To 50 Cubic Yard Roll -Off Boxes".
Ayes: Council Members - Mann, Pennino and Sieglock
Noes: Council Members - Davenport
Absent: Council Members - None
Abstain: Council Members - Warner (Mayor)
FILE NO. CC -6, CC -22(b), CC -54 AND CC -149
9. VOTE TO CONTINUE WITH REMAINDER OF MEETING
The City Council, on motion of Council Member Sieglock, Davenport second, unanimously voted
to continue with the remainder of the meeting following the 11:00 p.m. hour.
10. 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 weed abatement proceedings involving various parcels within the City of Lodi to
allow property owners having objections to the proposed removal of weeds to be heard
and given due consideration.
Hearing Opened to the Public
There was no one wishing to speak on this matter.
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Sieglock, Warner second, unanimously
adopted Resolution No. 96-23 overruling objections and proceeding with weed
abatement.
FILE NO. CC -24(b) AND CC -300
11. 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 Council
Member Sieglock, Mann second, unanimously rejected the following claim:
James Fuchs and Doris Hammond, date of loss 8/21/95
FILE NO. CC -4(c)
IJ��
Continued Afarch 20, 1996
b) The following report was presented to the City Council:
Planning Commission report of March 11, 1996.
The City Council, on motion of Council Member Sieglock, Mann second,
unanimously set a Public Hearing for April 17, 1996 to consider the following
matter initiated by the Planning Commission:
a) A General Plan Amendment to redesignate the area bounded by the
future location of Tienda Drive on the north; the Woodbridge Irrigation
District canal on the east; a line 300 feet north of West Kettleman Lane
on the south and the Target Shopping Center on the west (i.e. portions of
1549 through 2249 West Kettleman Lane) from LDR, Low -Density
Residential to O, Office -Institutional;
b) To rezone the area bounded by the future location of Tienda Drive on the
north; the Woodbridge Irrigation District canal on the east; a line 300 feet
north of West Kettleman Lane on the south and the Target Shopping
Center on the west (i.e. 1549 through 2249 West Kettleman Lane) from
R-2, Single -Family Residential to RCP, Residential -Commercial -
Professional; and
C) Certification of a Negative Declaration as adequate environmental
documentation on the above projects.
FILE NO. CC -35(A) and cc -35(c)
12. RECESS
Mayor Warner called for a ten-minute recess and the City Council meeting reconvened at
approximately 11:17 p.m.
13. REGULAR CALENDAR
a) Regarding Heritage School vicinity - various traffic studies, the City Council, on motion of
Council Member Sieglock, Mann second, approved staffs recommendation to suggest to
Lodi Unified School District (LUSD) to hire an adult crossing guard at the intersection of
Garfield and Eden Streets and to suggest to LUSD that educational programs and Police
enforcement be performed to address the problems observed, and further approved the
installation of a four-way stop at the intersection of Garfield and Eden Streets to be
reviewed after one year by the following vote:
Ayes: Council Members - Davenport, Mann and Sieglock
Noes: Council Members - Pennino and Warner (Mayor)
Absent: Council Members - None
Speaking on the matter were the following persons:
Linda Denman, Elementary P.E. teacher at Heritage School, 9333 Premier Way,
Sacramento, spoke in favor of a four-way stop at Garfield and Eden Streets. For
the past six years she, along with other teachers and the principal, have
voluntarily performed crossing guard duties at this location because of the
hazards at this intersection. A four-way stop and a trained crossing guard at that
site would help tremendously; and
Continued March 20, 1996
2. Mary Graham, Principal at Heritage School, 8888 East Kettleman Lane, Lodi, also
spoke in support of a four-way stop in this area. Every administrator at Heritage
School, with much support from the parents, has asked for a four-way stop sign
at Garfield and Eden Streets. Ms. Graham encouraged the City Council to make
its decision based not on the number of cars and pedestrians, but on common
sense.
FILE NO. CC -48(a)
b) Regarding Elm Street west of Ham Lane (in front of Lakewood Mall) - parking study, the
City Council, on motion of Council Member Mann, Davenport second, unanimously
approved a time restriction for commercial vehicle parking every day between the hours
of 9:00 a.m. and 9:00 p.m.
Speaking on the matter was Ric Forster, 1123 Green Oaks Way, Lodi, who spoke in
support of the limited parking for semi -trucks which would provide additional safety exiting
the driveways on the south side of the parcel. This is also unsightly for the businesses
located there.
FILE NO. CC48(e) AND CC48(k)
C) The City Council, on motion of Council Member Pennino, Mann second, adopted
Resolution No. 96-24 establishing a part-time clerical position (Administrative Clerk II) as
a full-time regular position in the Building Inspection Division of the Community
Development Department by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -34 AND CC -300
d) The City Council, on motion of Council Member Mann, Sieglock second, introduced
Ordinance No. 1630 amending Chapter 3.12 by adding Sections 3.12.112 and 3.12.114
relating to Sale or Transfer and Successor Liability in the Transient Occupancy Tax (TOT)
code by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -6, CC -149 AND CC -177
e) The City Council, on motion of Council Member Mann, Warner second, allocated the
funds and directed the Public Works Department to prepare a request for qualifications
(RFQ) for the master planning of required changes to the Public Safety Building by the
following vote:
Ayes: Council Members - Mann, Pennino and Warner (Mayor)
Noes: Council Members - Davenport and Sieglock
Absent: Council Members - None
FILE NO. CC -6, CC -12.1(a) AND CC -14(a)
14. ORDINANCES
None.
15. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
l�g
Continued March 20, 1996
16. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport commented on the following matters: (1) Received a letter
from California Waste that Jack Fiori is the new Business Development Director; (2)
Received a letter supporting funding for the Boys and Girls Club, which is a moot issue
since it is on the CDBG funding list; (3) Received letter regarding justification for the need
for bus stops; (4) Acknowledged the Sister City Program and the visitors from. Lodi, Italy;
(5) Commented that the Council Members are invited to share in an energy restructuring
meeting on April 24, 1996 with Senator Johnston and Assemblyman Bowler; (6) Stated
that Street Superintendent George Bradley put together a memo on the railroads and the
hazards in Lodi which are identified in color on a map; (7) Received protests and some
petitions against the Central City Revitalization Assessment District; and (8) Expressed
his concern regarding the article in the Lodi News Sentinel on March 10, 1996 about the
$17 million fund that does not show up in the audits. Council Member Davenport would
like this investigated further on how that fund arose, where the money is and what to do
with it. He has found unreported funds in the City before that were not authorized by the
Finance Director and is concerned about that happening.
FILE NO. CC -6 AND CC -51(d)
b) Council Member Pennino had the opportunity to go by the skate park last Saturday to
watch the kids. They had a great turnout. It is exciting that this whole project was done
by the parents and kids. There is, however, a downside—a youth broke his wrist. Also,
Mr. Pennino received a phone call regarding a girl that wants to play baseball but cannot
because of competitive sports. Her father is protesting this decision. Council Member
Pennino directed the City Manager, along with the Parks and Recreation Commission, to
resolve this matter. The City Manager reported that he had the opportunity to speak to
Keith Land with the Parks and Recreation Commission who suggested that the matter be
referred to them for resolution.
FILE NO. CC -6 AND CC -40
C) Council Member Sieglock also commented on the $17 million. It was wrong that the
Department Head did not disclose this money to the City Council and he should apologize
to the other Department Heads who play by the rules. It is a breach of faith and trust.
Council Member Sieglock is glad the money is there, however, and it should stay with the
Electric Utility Department to assist in the deregulation process.
FILE NO. CC -6 AND CC -51(d)
d) Mayor Warner attended meetings with the Northern California Power Agency (NCPA) and
also a deregulation seminar at the National League of Cities (NLC) Conference. The $17
million will be needed in the department as the City goes through deregulation of electric
utilities. In fact it might not be enough money. Further, Mayor Warner attended the NLC
Conference in Washington D.C. and because of the late hour will give a report on the
conference at another date.
FILE NO. CC -6 AND CC -51(d)
17. ADJOURNMENT
There being no further business to come before the City Council, Mayor Warner adjourned the
meeting at approximately 1:08 a.m., Thursday, March 21, 1996.
ATTEST:
Jennifer M. Perrin
City Clerk
9