HomeMy WebLinkAboutMinutes - April 13, 1996W./
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 3, 1996
7:00 P.M.
ROLL CALL
Present: Council Members - Davenport, Mann, Pennino, Sieglock and Warner (Mayor)'
Absent: Council Members - None
Also Present: City Manager Flynn, Public Works Director Ronsko, Community Development
Director Bartlam, Community Center Director Lange, Librarian Andrade, Police
Chief Hansen, Parks and Recreation Director Williamson, Finance Director
McAthie, 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 Warner.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Warner presented a proclamation to Melissa Brandt, Amy Henning and Andrew
Vincent with the Tokay High School Students Encouraging Environmental Development
(SEED) Club proclaiming April 13, 1996 as "Earth Day Celebration". The event will
include art and essay contests on environmental issues. Last year's event, which was
held on April 22, 1995 at Lodi Lake, was a success. This year they would like the event to
be much bigger.
FILE NO. CC -37
b) Police Chief Hansen and Police Volunteer Supervisor Biskup presented the 7th
graduating class of the Lodi Police Partners Program. Two years into the program, class
7 brings the total number of Police Partners to 97. The next class is scheduled for some
time in 1997. In 1995 the program logged in 22,000 hours of volunteer time which
equates to 11 full-time positions and a savings to the City of approximately $270,000.
The City of Lodi Partners Program was recently awarded the Helen Putnam Award, and
many cities are duplicating Lodi's Program. Council observed a moment of silence for
Police Partner graduate (7th class) David Fisher who passed away Friday at age 51_
FILE NO. CC -152
5. PUBLIC COMMENTS ON CONSENT CALENDAR
a) Lou Fugazi, 925 Greenwood Drive, Lodi, commented on agenda item #E-3 regarding
rejection and rebid of proposals for Lodi Lake Park concessions. Mr. Fugazi questioned
why the proposals were being rejected. It was explained that, because two of the three
bids were non-responsive, the proposal may not have been clear enough, and in fairness
the project should be rebid. The concern was expressed, however, that rejecting the bids
would spoil the chance for a fair bid, because the prices were known_
FILE NO. CC -12(b), CC -12.1(c) AND CC -300
Continued April 3, 1996
ACTION ON CONSENT CALENDAR ITEM #E-3
a) The City Council, on motion of Council Member Mann, Davenport second, rejected staffs
recommendation and instead adopted Resolution No. 96-25 awarding the proposal for
concession operations at Lodi Lake Park and other locations to Sone Cuisine A La Carte
in the amount of 16% to the City by the following vote:
Ayes: Council Members - Davenport, Mann, Pennino and Warner (Mayor)
Noes: Council Members - Sieglock
Absent: Council Members - None
FILE NO. CC -12(b), CC -12.1(c) AND CC -300
CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Mann second, approved the following items hereinafter set forth except
those otherwise noted which were moved to the end of the agenda by the vote shown below:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
a) Claims were approved in the amount of $1,937,092.09.
FILE NO. CC -21(a)
b) Agenda item #E-2 entitled, "Minutes - March 20, 1996 (Regular Meeting)" was removed
from the Consent Calendar and discussed and acted upon at the end of the agenda.
(Removed by Council Member Davenport.)
C) Agenda item #E-3 entitled, "Rejecting proposals, approve revised Request for Proposals,
and authorize staff to resolicit proposals for concession operations at Lodi Lake Park and
other locations" was acted upon prior to approval of the Consent Calendar.
d) Agenda item #E-4 entitled, "Authorize purchase of exhaust system for Equipment
Maintenance Shop" was removed from the Consent Calendar and. discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
e) Agenda item #E-5 entitled, "Authorize purchase of mini blinds for City Hall" was removed
from the Consent Calendar and discussed and acted upon at the end of the agenda.
(Removed by Council Member Davenport.)
f) Agenda item #E-6 entitled, "Authorize agreement for right-of-way acquisition at 201 South
Hutchins Street" was removed from the Consent Calendar and discussed and acted upon
at the end of the agenda. (Removed by Council Member Davenport.)
g) Agenda item #E-7 entitled, "Accept improvements under Lodi Lake Nature Trail contract"
was removed from the Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
h) Agenda item #E-8 entitled, "Approve Traffic Resolution amendment - Elm Street (north
side) west of Ham Lane, commercial -vehicle parking restriction" was removed from the
Consent Calendar and discussed and acted upon at the end of the agenda. (Removed by
Council Member Davenport.)
Continued April 3, 1996
Agenda item #E-9 entitled, "Approve Traffic Resolution amendment - Garfield Street at
Eden Street, installation of multi -way stop control" was removed from the Consent
Calendar and discussed and acted upon at the end of the agenda. (Removed by Council
Member Davenport.)
j) Adopted Resolution No. 96-30 declaring weeds a public nuisance, initiated abatement
proceedings on various parcels throughout the City and setting the matter for public
hearing for May 1, 1996.
FILE NO. CC -24(b) AND CC -300
k) Agenda item #E-11 entitled, "Approve renewal of contract with 3M Media National
Advertising Company for City -leased advertising billboards" was removed from the
Consent Calendar and discussed and acted upon at the end of the agenda. (Removed by
Council Member Davenport.)
Agenda item #E-12 entitled, "Designate San Joaquin County Council of Governments
(COG) as the implementing entity for the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan" was pulled from the agenda pursuant to staffs
request.
m) Agenda item #E-13 entitled, "Request that City join amicus brief for Souza v. City of
Antioch, a Court of Appeals case relating to qualified immunity for Police Officer's in
hostage situations" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
8. 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 appeal received from Mullen, Sullivan & Newton on behalf of Richard
Galantine regarding mitigation fees and for the applicability of the dedication and off-site
improvement sections of the Lodi Municipal Code.
Hearing Or)ened to the Public
Stephen C. Snider, representing Richard Galantine, 1111. West Tokay Street,
Lodi, thanked the City for working with them on this matter and resolving a portion
of the issue (the off-site improvement and right-of-way dedication section). In
regards to the safety hazard issue on Cherokee Lane, Mr, Galantine will prepare
an approved drawing to install a berm in the area. Mr. Galantine will go through
the approval process for the driveway location along Cherokee Lane. The matter
that remains unresolved is the mitigation fees. In fairness he asks that the City
Council reduce or waive the fees based on the circumstances; and
2. Richard Galantine, 901 South Cherokee Lane, Lodi, explained that his only
contention is that he went into the Public Works office to show exactly what he
was planning to do and to get the appropriate encroachment permits. He was
originally told it would cost him $12,000 based on his original discussion with
staff. Mr. Galantine asked that the City make a fair decision and uphold what he
was told by the City,
Public Works Director Ronsko pointed out that staff had, based on Mr. Snider's concern of
the mitigation fees, already reduced the mitigation fees from 819,782.30 to $9,432.90. He
also pointed out that the 812,000 was based on Mr. Galantine paving a much smaller
area which was to be used only to store RVs.
1:-f
Continued April 3, 1996
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Mann, Pennino second, denied the
subject appeal and approved the following staff recommendations by the vote shown
below:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
1. Cherokee Lane and Vine Street improvements and fight -of -way dedications.
Eliminate requirements for right-of-way dedication and off-site improvements on
Cherokee Lane and Vine Street;
2. Safety hazard created by unpermitted paving in Cherokee Lane. Owner to
provide plans prepared by licensed civil engineer to remediate safety hazard.
Licensed contractor to do work under terms of encroachment permit issued by
Public Works Department;
3. Approval of new driveway locations along Cherokee Lane. Owner to submit
plans to Public Works Department showing new driveway location and request
Council approval of location.
4. Development Impact Mitigation Fees. Owner to pay Development Impact
Mitigation fees for establishment of retail commercial operation on previously bare
ground.
5. Water service upgrade and meter fees. Owner to pay water service upgrade
and water meter installation fees in conformance with Lodi Municipal Code
Chapter §13.08.050 (based on current evidence; however, if facts show that the
use of the front building was commercial, this requirement would be rescinded).
FILE NO. CC -6 AND CC -56
9. RECESS
Mayor Warner declared a ten-minute recess and the City Council meeting reconvened at
approximately 8:55 p.m.
10. 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 Pennino, Sieglock second, unanimously rejected the following claims:
1. Gregory Virga, date of loss 8/5/95;
2. Barbara Koteles, date of loss 11111/95; and
3. Leo Mansu, date of loss 1/12/96.
FILE NO. CC -4(c)
4
Continued April 3, 1996
b) City Clerk Perrin read the following ABC Licenses:
Ladon J. Strapp to Ali M. Ahmad, Don's Dandy Mart, 20 West Turner Road, Lodi,
Off -Sale Beer and Wine, Person to Person Transfer; and
2. Angelina Foods to John Anagnos, Angelina's, 1420 West Kettleman Lane Suites
L & M, Lodi, On -Sale General Eating Place, Person to Person Transfer.
FILE NO. CC -7(f)
C) The following reports were presented to the City Council:
Planning Commission report of March 25, 1996
City Manager Flynn took this opportunity to introduce the newly -appointed
Community Development Director Konradt Bartlam.
FILE NO. CC -35(c)
11. REGULAR CALENDAR
a) The City Council heard presentations regarding performance reviews for the Library and
the Community Center (Hutchins Street Square).
FILE NO. CC -6 AND CC -34
12. ORDINANCES
a) (Council Member Davenport left the Council table during discussion of this item.)
Ordinance No. 1630 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Chapter 3.12 of the Lodi Municipal Code by Adding Thereto Sections 3.12.112
and 3.12.114 Relating to Transient Occupancy Tax Code Provisions" having been
introduced at a regular meeting of the Lodi City Council held March 20, 1996 was brought
up for passage on motion of Council Member Sieglock, Pennino 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 -56, CC -149 AND CC -177
13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) John Johnson, Lodi Sports Foundation, P.O. Box 608, presented the City Council with its
new brochure. Mr. Johnson announced its upcoming Hole -In -One contest on April 20,
1996 and its first annual fundraiser at Zupo Field on July 13, 1996. The Lodi Sports
Foundation hopes that it will be involved in the decision-making process on the feasibility
study of an indoor sports center. Council Member Sieglock, with Council's concurrence,
directed staff to research the possibility of selling the name of some of the City's parks
and using the money towards the new gym or something like it.
Is,�
Continued April 3, 1996
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport thanked everyone for coming to the meeting and commented
on the following matters: 1) Reminded everyone to be ever mindful of gangs and know
where your kids are. They are important to the future and to this community; 2) Read into
the record a letter addressed to City Manager Flynn regarding the undisclosed $17 million
of funds that was reported in The Record on March 11, 1996 (full copy of Mr. Davenport's
letter is on file in the City Clerk's office). Mr. Davenport has not yet received any
information regarding this matter and would like to know where and when did the fund
originate, who ordered the bank account to be opened, who opened the bank account,
who signed on the bank account, what transactions have taken place, what was the
money used for, itemized statements from the banks involved, how much interest accrued
in this account, what was the original amount used to initially open the account, why was
the City Council not told about it, where is the $17 million now, why is it not identified in
the City assets, and who has access to this account. Mr. Davenport would also like to
know if other Department Heads have unauthorized accounts using taxpayers money,
and implied that the Police Chief has an unauthorized bank account at Farmers and
Merchants Bank. Further, Council Member Davenport requested that Mayor Warner,
another Council Member and himself demand an investigation and identify those parties
responsible for mishandling of citizens' money and turn the matter over to the Attorney
General. He is appalled to know that the City is indebted to Northern California Power
Agency (NCPA) in excess of $196 million, which was not disclosed to him from prior staff.
Mr. Davenport would like a recap of every past and future cost, expense or obligation with
NCPA since its involvement with the City of Lodi. Mr. Davenport requested that this
matter be placed on the next agenda for Council's vote to turn this matter over to the
Attorney General; 3) Wished Linda Nichols a speedy recovery and hopes to see her back
at work as soon as possible; 4) Already heard this evening about the Arts Commission
and its upcoming calendar; 5) Received information regarding the Criminal Justice Action
Update and issues important to the City. The State wants to hit the counties with $2.2
million to require counties to pay for 50 - 100% of the California Youth Authority (CYA)
actual institutional costs which amount to approximately S31,000 a year that will ultimately
pass on to the City. The booking fees at the jail will go over S1 million in this County,
which will reimburse the City of Lodi for fingerprint costs; 6) Commented on the Stockton
Record article regarding Shirtsleeve Session on March 26, 1996 regarding the
performance review for the Police Department. Mr. Davenport's comments were taken
out of context and his fellow Council Members made some unwarranted comments about
it. The headline of the article was not what the content of the meeting was; the
conversation was "how can we take the money out of drugs to solve some of these
problems". During this conversation he talked about the burden of keeping people in jail
for drug-related charges, NAFTA shipping drugs into this Country, and the budgets in
police departments each year. He asked if there were any alternative solutions to the
problem. It is cheaper to educate people on drugs than to keep them in jail. Mr.
Davenport does not advocate taking punishment away from drug users if they do crimes
under the influence, just as if with alcohol. Mr. Davenport stated that he does not
advocate the use of drugs, in fact, he deplores it. Drugs play a major part in the majority
of crimes. If money was taken out of drugs, crime would be reduced.
FILE NO. CC -6, CC -21(b) AND CC -51(d)
b) Council Member Sieglock also commented regarding the $17 million fund. He spoke with
City Manager Flynn regarding the matter and was told the matter will be put on the next
agenda to discuss what happened, how to avoid it happening again and to give an
opportunity for the Council and the public to ask questions. If the Council feels it should
take action, that would be the time to do it. Further, Council Member Sieglock informed
the City Council that he recently received information on diverting rinse water that now
runs into the sewer system could instead run onto agricultural land. Producer fees will be
lower and the City could actually delay expansions of its plant. Council Member Sieglock,
with Council concurrence, directed staff to look into this matter.
FILE NO. CC -6, CC -21(b) AND CC -51(d)
Im
Continued April 3, 1996
C) Council Member Mann also commented on the $17 million fund. It is appropriate that the
City investigate and do an internal audit on how this money came to be and what has
been expended from the fund. The money, which was invested, has been there and did
not just pop up. This is $17 million that we did not have. With regard to bringing in the
Attorney General, if the internal audit shows other monies or expenditures then the City
should do a full investigation.
FILE NO. CC -6, CC -21(b) AND CC -51(d)
d) Council Member Pennino also commented regarding the $17 million fund. Council will
probably find that this money is in a balance account to offset any rate increases that
have occurred, which is not out of the norm in the electric business. The City has never
tried to hide the debt amount to NCPA; it is in the budget document on pages F-2 through
F-5. Further, Council Member Pennino suggested that the City invite Continental Cable to
make a presentation at a future meeting regarding its merger with King Videocable and its
investments in this community. Council Member Pennino reminded the public that the
Lodi-Tokay swim meet held today will be televised on King 3 tomorrow at 4:00 p.m.
FILE NO. CC -6, CC -21(b) AND CC -51(d)
e) Mayor Warner informed the City Council and the public that Omega Nu will hold its annual
fundraiser on April 13, 1996. Last year's proceeds went to the Lodi Police Partners
Program, this year it will go to Habitat for Humanity.
f) Council Member Mann asked Police Chief Hansen if Council Member Davenport's
accusation regarding hidden bank accounts at F & M Bank had any merit. Chief Hansen
stated that he does not know what Mr. Davenport is talking about. The Police Department
has some authorized accounts at F & M Bank and is not aware of any unapproved
accounts. Further, Council Member Mann asked if Chief Hansen had a safe in his office
with cash to make expenditures. Police Chief Hansen indicated he did not. Council
Member Davenport again stated his belief that the Police Chief had opened an account
which was unauthorized and he and the City Manager found it about one and a half years
ago. City Manager Flynn indicated that he did not find any unauthorized accounts at F &
M Bank and that Mr. Davenport is probably speaking of the account that belongs to the
Lodi Police Officers Association which is not a City account. Council Member Davenport
indicated the account of which he was speaking dealt with asset seizures and once again
accused Police Chief Hansen of having a safe in his office.
FILE NO. CC -6, CC -21(b) AND CC -51(d)
15. MOTION TO HEAR REMAINDER OF CONSENT CALENDAR ITEMS
The motion at the beginning of the meeting was to hear the balance of the Consent Calendar
items at the end of the agenda; however, there were members of the public in the audience
waiting for discussion on these items. Therefore, the City Council, on motion of Council Member
Sieglock, Pennino second, unanimously moved the balance of the Consent Calendar to be heard
next on the agenda (prior to Closed Session, rather than after).
16. ACTION ON REMAINDER OF CONSENT CALENDAR ITEMS
The City Council, on motion of Council Member Pennino, Warner second, made a motion to
approve the remainder of the Consent Calendar items as a whole by the following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
However, Council Member Davenport called for point of order. The City Attorney ruled that
since Council Member Davenport pulled these items for discussion, he should be given the
opportunity to make his comments.
7
Continued April 3, 1996
Prior to discussion on the Consent Calendar items, the City Council, on motion of Council Member
Pennino, Mann second, limited the discussion on the following items to one minute each by the
vote shown below:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
a) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
approved the minutes of March 20, 1996 (Regular Meeting) with a minor spelling
correction on page 9.
b) The City Council, on motion of Council Member Mann, Sieglock second, took the following
actions by the vote shown below:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Adopted Resolution No. 96-26 awarding the purchase for exhaust system for
Equipment Maintenance Shop to NeuTech/RM Construction, of Loomis, in the
amount of $13,950.67 and appropriated funds in accordance with staff
recommendation; and
Adopted Resolution No. 96-27 awarding the purchase of mini blinds for City Hall
to Harold W. Thompson, Inc. in the amount of $2,399.68.
FILE NO. CC -12(d) AND CC -300
C) The City Council, on motion of Council Member Mann, Sieglock second, unanimously
authorized the City Manager and City Clerk to execute the right-of-way agreement for 201
South Hutchins Street and appropriated street funds to pay for this acquisition.
FILE NO. CC -90
d) The City Council, on motion of Council Member Davenport, Sieglock second,
unanimously accepted the improvements under the "Lodi Lake Nature Trail' contract and
directed the City Engineer to file a Notice of Completion with the County Recorder's office.
FILE NO. CC -90
e) The City Council, on motion of Council Member Sieglock, Davenport second,
unanimously took the following actions:
Adopted Resolution No. 96-28 amending Traffic Resolution No. 87-163 by
approving the restriction of commercial -vehicle parking on the north side of Elm
Street between Ham Lane and Pacific Avenue, adjacent to Lakewood Mall; and
2. Adopted Resolution No. 96-29 amending Traffic Resolution No. 87-163 by
approving the installation of four-way stop controls at the intersection of Garfield
Street and Eden Street (with inclusion of language that the matter be reviewed by
the City Council after one year).
FILE NO. CC -48(h), CC -48(k) AND CC -300
Continued April 3, 1996
f) The City Council, on motion of Council Member Pennino, Sieglock second, authorized the
City Manager to enter into a one-year contract with 3M Media National Advertising
Company for advertising on the two billboards on Highway 99 at a monthly rate of $1,085
per sign and authorized the City Manager to enter into a one-year contract with 3M Media
National Advertising Company for an additional sign on Highway 12 east of Victor Road at
a monthly rate of $160 (for which the Lodi -Woodbridge Winegrape Commission will
donate prepared art work for signage theme and pick up the monthly cost) by the
following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -90
g) The City Council, on motion of Council Member Mann, Sieglock second, authorized the
City of Lodi to join the amicus brief for Souza v. City of Antioch, a case before the Court of
Appeals relating to qualified immunity for Police Officer's in hostage situations by the
following vote:
Ayes: Council Members - Mann, Pennino, Sieglock and Warner (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO, CC -4(f)
17. CLOSED SESSION
Mayor Warner adjourned the meeting to a Closed Session to discuss the following matter:
a) Actual Litigation: Government Code §54956.9(a). One Case. Scheppmann v. City of
Lodi et al., San Joaquin County Superior Court No. 281991
18, RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened and Mayor Warner disclosed the following action:
Actual Litigation: Government Code §54956.9(a). One Case. Scheppmann v City of Lodi et al..
San Joaquin County Superior Court No. 281991
No final action taken in this matter.
FILE NO. CC -200(d)
19. ADJOURNMENT
There being no further business to come before the City Council, Mayor Warner adjourned the
meeting at approximately 11:15 p.m.
ATTEST:
Jennifer M. Perrin
City Clerk