HomeMy WebLinkAboutMinutes - June 19, 1996CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 19,1996
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, Administrative Assistant to City Manager Evans, Public
Works Director Ronsko, Community Development Director Bartlam, Finance
Director McAthie, Electric Utility Director Vallow, Librarian Andrade, Deputy City
Attorney Luebberke and City Clerk Perrin
INVOCATION
The invocation was given by Pastor Bill Crabtree, Emanuel Lutheran Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Warner.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Warner presented a proclamation to the winners of the Targeted Opportunities to
Prevent Pollution in San Joaquin County (TOPPS) Award for Environmental Excellence.
The winners were California Waste, represented by Jack Fiori, and the Lodi Industrial
Group with the Chamber of Commerce, represented by Joe Bagley.
FILE NO. CC -22(b) AND CC -37
b) The City Council heard a report on the Lodi-Tokay Rotary Club's upcoming Fourth of July
Celebration at Lodi Lake Park. Dorean Rice urged people to bring their picnic baskets
and spend the day at the lake. The day will start with the Kiwanis pancake breakfast and
will continue with entertainment and activities. Among some of the activities: music
throughout the day, face painting, free paddle boats, swimming, beach games, motorized
miniature boats, sand castle building, street rod show, kareoke, magician, water show,
and a fortune teller. The day will end with the grand finale fireworks show. Admittance is
$4 for adults, $2 for children ages 6 - 16 and $2 for seniors. Scott Dasko recognized the
sponsors including Bank of Lodi, F&M Bank, Bank of Stockton, PCP, Plummer Pontiac,
Elsworth Street Rod, Capital Thrift, PG&E, Applebee's, Anheuser Busch, and Ben
Franklin Crafts. Mr. Dasko presented the biggest sponsor, the City of Lodi, with free
tickets to the event. Bob Casalegno announced that T-shirts are on sale at Squires, Pret,
Chelseys Clothes, Longs Drug Stores (both locations), Image 2,000 and Lakewood
Drugs. The price is $12.50/adult sizes and $8/children sizes.
FILE NO. CC -6
C) Mr. C.M. 'Bud' Sullivan, retiring from the Lodi Library Board of Trustees after serving for
27 years, was recognized for his dedication to the Lodi community. Mayor Warner
presented Mr. Sullivan with a proclamation from the City of Lodi and a proclamation on
behalf of Governor Pete Wilson. Mr. Sullivan also received proclamations from Senator
Pat Johnston, Rod Miller representing Assemblyman Larry Bowler, and County
Supervisor George Barber. Mr. Sullivan recognized the City Council, City staff, Library
Board, Librarian Andrade and Library staff, Friends of the Library, Mr. Barber, Mr. Bowler
and Mr. Johnston, He further stated the City has been very good to the Library, that it has
been an honor and a pleasure to serve the citizens of Lodi.
FILE NO. CC -2(d)
Continued June 19, 1996
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Sieglock, Mann second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
a) Claims were approved in the amount of 3,674,822.61.
FILE NO. CC -21(a)
b) The Minutes of June 5, 1996 (Regular Meeting) were approved as written.
C) Received report of sale of scrap metal.
FILE NO. CC -20 AND CC -47
d) Approved the plans and specifications for bids for White Slough Water Pollution Control
Facility Holding Pond No. 3 embankment rehabilitation, 12751 North Thornton Road and
authorized advertising for bids.
FILE NO. CC -12.1(c)
e) Approved the plans and specifications for bids for traffic signal installation, Lower
Sacramento Road and Vine Street and authorized advertising for bids.
FILE NO. CC -12.1(c)
f) Adopted Resolution No. 96-72 awarding the purchase of one walk -behind trencher to the
low bidder, Ditch Witch Equipment Company of West Sacramento, in the amount of
$6,254.89.
FILE NO. CC -12(d) AND CC -300
g) Agenda item #E-7 entitled, "Purchase of Procurement Software for Finance Departments
Purchasing Division" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar. (Removed by Council Member
Davenport.)
h) Adopted Resolution No. 96-74 awarding all three items of the contract for asphalt
materials for fiscal year 1996/97 as follows, and appropriated funds in accordance with
staff recommendation:
Item A 1,500 Tons/FOB Plant Granit Construction Stockton $37,980
Item B 150 Tons/Stockpile City Limits American River Asphalt Folsom $ 4,690
Item C 2000 Tons/Hopper of Paver F.T.G. Construction Lodi $64,320
FILE NO. CC -12(d) AND CC -300
i) Adopted Resolution No. 96-75 awarding all three items of the contract for rock and sand
material for fiscal year 1996/97 as follows, and appropriated funds in accordance with
staff recommendation:
Item 1 100 Tons/Aggregate Base F.T.G. Construction Lodi $ 970
Item 2 300 Tons/Concrete Sand F.T.G. Construction Lodi $ 3,234
Item 3 250 Tons/Crushed Rock Granite Construction Stockton $ 3,972
FILE NO. CC -12(d) AND CC -300
j) Adopted Resolution No. 96-76 awarding the contract for Cluff Avenue and Ham Lane
street overlays to Teichert Construction, of Stockton, in the amount of $145,083.00, and
appropriated funds in accordance with staff recommendation.
FILE NO. CC -12(a)
2
Continued June 19,1996
k) Agenda item #E-11 entitled, "Contract award for 1996 Handicap Ramp Retrofit Project -
various locations" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar. (Removed by Council Member
Davenport.)
Accepted the improvements under the "Traffic Signal Modifications and Repairs,
Cherokee Lane and Lodi Avenue, Cherokee Lane and Victor Road, North Lower
Sacramento Road and Turner Road, and Lodi Avenue and Central Avenue" contract and
directed the City Engineer to file a Notice of Completion with the County Recorder's office.
FILE NO. CC -90
m) Adopted Resolution No. 96-78 approving the installation of 52 feet of no -parking zone on
Donner Drive west of Calaveras Street, adjacent to Lawrence School, and further the
passenger -loading zone will be installed on Calaveras Street which does not require
Council action per LMC Section 10.44.150.
FILE NO. CC -48(d), CC -48(e) AND CC -300
n) Agenda item #E-14 entitled, "Agreement between San Joaquin County Data Processing
and the City of Lodi Police Department' was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar. (Removed by
Council Member Davenport.)
o) Appointed John L. Stone, Manager -Rates and Resources, to the Transmission Agency of
Northern California (TANC).
FILE NO. CC -7(s)
ACTION ON ITEMS REMOVED FROM CONSENT CALENDAR
a) The City Council, on motion of Council Member Pennino, Mann second, unanimously
adopted Resolution No. 96-73 awarding the purchase of procurement software, designed
specifically for public agency purchasing, from Advanced Procurement Systems of Austin,
Texas, in the amount of $18,011.50.
FILE NO. CC -12(d) AND CC -300
b) The City Council, on motion of Mayor Warner, Sieglock second, unanimously adopted
Resolution No. 96-77 awarding the contract for 1996 Handicap Ramp Retrofit Project -
various locations to Popuch Concrete Contracting, of Lodi, in the amount of $48,275, and
appropriated funds in accordance with staff recommendation.
FILE NO. CC -12(a) AND CC -300
C) The City Council, on motion of Council Member Mann, Pennino second, unanimously
adopted Resolution No. 96-79 granting permission to Lodi Police Department to enter into
an agreement with San Joaquin County Data Processing Division for fiscal year 1996/97
to provide data processing services and access to Automated Message Switching/CJIS
Systems.
FILE NO. CC -90 AND CC -152
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 San Joaquin County Integrated Solid Waste Management Summary Plan and
Countywide Siting Element.
Continued June 19, 1996
Hearing Opened to the Public
Tom Horton, Director, San Joaquin County Solid Waste Division, provided a
report on the subject matter.
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
adopted Resolution No. 96-80 approving the San Joaquin County Integrated Solid Waste
Management Summary Plan and Countywide Siting Element.
FILE NO. CC -22(b), CC -54 AND CC -300
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 review
Cost Report of weed abatement.
Hearinq 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 Mann, Sieglock second, unanimously
adopted Resolution No. 96-81 confirming the cost of weed abatement and providing for
collection through the San Joaquin County Auditor's office.
FILE NO. CC -24(b) AND CC -300
C) 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 the following:
The request of Plummer Pontiac, 1011 South Cherokee Lane, for a General Plan
Amendment and rezone of the rear .57 acre portion of the 3.45 acre parcel from
ER, Eastside Residential to GC, General Commercial and rezone of the property
from R-1', Single -Family, Eastside to C-2, General Commercial to allow for
construction of a 4,800 square foot body/paint shop on the newly -zoned property;
AND
2. Appeal by Robert J. Fisher of Use Permit U-96-01, a request of Plummer Pontiac,
to construct an automobile body and paint facility in an area zoned C-2, General
Commercial.
Hearinq Opened to the Public
Dennis Plummer, 1562 Edgewood Drive, Lodi, spoke in support of approving the
subject request. He has been meeting with the neighbors to resolve some of the
issues and concerns. This property has been misused for years and was never
zoned in the proper manner. He has agreed to the conditions from the City and is
working with the neighbors so that it is a good neighborhood program. This
project is engineered properly with a masonry wall between the neighbors and the
subject property and it should reduce the noise. He has instructed his employees
to not use the exit in question. In addition to the masonry wall, the building will be
insulated and sheet rocked;
4
Continued June 19, 1996
2. Robert Fisher, 440 Mission Street, Lodi, spoke against the request and outlined
his concerns which were expressed in his appeal. The neighbors did meet with
Plummer Pontiac representatives last night and discussed the issues and
concerns. Closing the gate will resolve part of the issue; however, the employees
coming out of the driveway will need to be resolved. Mr. Fisher questioned why
there weren't two driveways exiting on to Cherokee Lane. He is also concerned
that the entire east side may go commercial. Who will be responsible for the
maintenance of the proposed landscaping? Mr. Fisher also questioned what the
existing drains will be used for and will solvents from the business get in to the
residential drains. What will happen to his property value as more commercial
creeps in? Mr. Fisher would like to see a good sound wall, landscaping and
cooperation and communication between Plummer Pontiac and the neighbors,
which is starting to happen;
3. Virginia Snyder, 303 Louie Avenue, Lodi, commented that she is interested in
neighborhood preservation and in business improvement; however, she is
concerned about the sound wall which is not attractive and will attract graffiti.
Perhaps those involved can agree upon a more decorative wall, instead of a
concrete block wall. Community Development Director Bartlam informed Ms.
Snyder that one of the conditions placed by the Planning Commission requires
that the wall be decorative in nature;
4. Colleen Dixon, 333 Hilborn, Lodi, agrees that she would like to see businesses
expand, however, the residential zone should not be changed to commercial.
The East Side Improvement Committee recently requested downzoning the
properties on Lodi Avenue and Pine Street which was not approved by the City
Council. The City will be spending several million dollars on the Revitalization
Project, but there is a mess in between the areas. Rezoning these residential
properties to commercial will cause further deterioration from the outskirts to the
core, there will be further development where the big box retailers are, and it will
make our Revitalization Project useless. This will not preserve the integrity of the
neighborhoods, and it will desecrate the entry into the downtown. Please delay a
decision on this to arrive at a better solution; and
5. Robert Haro, 929 South Cherokee Lane, Lodi, urged that the City Council leave it
like it is, because there is no guarantee that this plan will make things better or
worse. It works fine as a parking lot, and the body shop will not work there. The
chain link fence should have been maintained and landscaped. Mr. Plummer was
not even at his meeting last night, and almost always has a middle man. Mr.
Haro urged Council to put this matter off for 6 months to a year to see if a better
solution can be reached.
Public Portion of Hearing Closed
ACTION,
The City Council, on motion of Council Member Mann, Warner second, unanimously took
the following actions:
• Introduced Ordinance No. 1634 entitled, "An Ordinance of the Lodi City Council
Amending the Land Use Element of the Lodi General Plan by Redesignating the Rear
.57 Acre Portion of the 3.45 Acre Parcel Located at 1011 South Cherokee Lane, From
ER, Eastside Residential to GC, General Commercial'; and
• Introduced Ordinance No. 1635 entitled, "An Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby Rezoning the Rear
.57 Acre Portion of the 3.45 Acre Parcel Located at 1011 South Cherokee Lane From
R-1 *, Single -Family, Eastside to C-2, General Commercial".
Continued June 19, 1996
Further, the City Council, on motion of Council Member Pennino, Sieglock second,
unanimously denied the appeal by Robert Fisher and adopted Resolution No. 96-82
entitled, "A Resolution of the Lodi City Council Approving the Issuance of Use Permit No.
U-96-01 Requested by Plummer Pontiac to Construct an Automobile Body and Paint
Facility, Subject to the Conditions as Set Forth in Planning Commission Resolution No.
96-2".
FILE NO. CC -35(a), CC -53(a) AND CC -53(b)
8. RECESS
Mayor Warner called for a ten-minute recess and the City Council meeting reconvened at
approximately 9:15 p.m.
9. 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, Mann second, unanimously rejected the following claims:
1.
Brandon Alt, date of loss 5/21/96
2.
Alice Bled, date of loss 4/9/96
3.
Omer Coulter, date of loss 5/24/96
4.
James Densmore, date of loss 5/1/96
5.
Laura Mayer, date of loss 1/4/96
6.
Jerry Mazzini, date of loss 1/4/96
7.
Joiee Ochoa, date of loss 2/17/96
8.
Tim Saulsbury, date of loss 2/14/96
FILE NO. CCA(c)
b) City Clerk Perrin read the following ABC Licenses:
1.
Gilt Edge, Inc. to Ronald E. Anderson, Legends, 27 West Elm Street, Lodi,
On -Sale General Public Premises, Person to Person Transfer; and
2.
Mohinder Singh to Cheryl and John Rau, Lakewood Liquors, 215 Lakewood Mall,
Lodi, Off -Sale General, Person to Person Transfer.
FILE NO. CC -7(f)
10. REGULAR CALENDAR
a) The City Council, on motion of Council Member Mann, Pennino second, unanimously
approved the recommended economic development incentives for Cherry Producers,
Inc., 1122 Industrial Way, and charged staff to confirm the direction with the necessary
documentation (i.e., resolution or ordinance).
Continued June 19, 1996
Speaking on the matter were the following person:
Ernie Podesta, President, Cherry Producers, Inc., Stockton, answered questions
raised by the City Council. The company is moving because of the need to
expand the facility. It is a seasonal business; however, it has been operating
about 12 months out of the year. This expansion will also allow for the adding of
additional employees; and
2. Mahlon Lott, Cherry Producers, Inc., Lodi, also answered questions from City
Council. The company should have no major impact on the effluent.
FILE NO. CC -90 AND CC -400
b) The City Council, on motion of Council Member Sieglock, Mann second, unanimously
adopted Resolution No. 96-83 authorizing the Electric Utility Director to approve the
Economic Development Power Supply Contract between Cherry Producers, Inc. and the
City of Lodi.
FILE NO. CC -51(d), CC -90 AND CC -400
C) The City Council, on motion of Council Member Mann, Sieglock second, unanimously
approved the economic development incentives for Apache Plastics, L.P., and charged
staff to confirm the direction with the necessary documentation (i.e., resolution or
ordinance).
Speaking on the matter was the following person:
Lawrence Beasley, President, Apache Plastics, Alamo, answered questions
raised by the City Council. The escrow could close on July 18, 1996, but it could
take 6 months to one year to begin operating at full capacity. They are closing
the Stockton plant.
FILE NO. CC -90 AND CC -400
d) (Council Member Pennino had a conflict of interest, and, therefore, abstained from
discussion and voting on the following matter.)
The City Council, on motion of Council Member Sieglock, Mann second, adopted
Resolution No. 96-84 authorizing the Electric Utility Director to approve the Economic
Development Power Supply Contract between Apache Plastics, L.P. and the City of Lodi
(with minor language change in the agreement relating to extending and terminating the
contract) by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and Warner (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Pennino
FILE NO. CC -51(d), CC -90 AND CC -400
11. RECESS
Mayor Warner called for a five-minute recess and the City Council meeting reconvened at
approximately 10:25 p.m.
VA
Continued June 19, 1996
12. REGULAR CALENDAR (Continued)
a) The City Council, on motion of Council Member Sieglock, Mann second, unanimously
adopted Resolution No. 96-85 authorizing the Electric Utility Director to approve the Rate
Agreement between Hy -Grade Glass, Inc. and the City of Lodi.
FILE NO. CC -51(d), CC -90 AND CC -400
b) The City Council, on motion of Council Member Mann, Sieglock second, unanimously
adopted Resolution No. 96-86 adopting the 1996197 Operating and Capital Improvement
Budget.
FILE NO. CC -21(b) AND CC -300
13. ORDINANCES
None.
14. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
15. 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; 2) Still
concerned about the overtime and would like to see monthly overtime reports for each
department; 3) Would like to see monthly reports on Department Heads' expenses and
time away from the office; 4) Received brochure from PG&E with interesting thoughts
about where PG&E is now and what their growth will be in the future; and 5) Informed the
public that a copy of the San Joaquin County Integrated Solid Waste Management
Summary Plan and Countywide Siting Element is in the Library and the City Clerk's office.
It contains interesting facts about refuse and hazardous waste.
FILE NO. CC -34
b) Council Member Pennino thanked the Public Works Department for cleaning up West
Lane, which he has been mentioning over the last few meetings. Mr. Pennino also
reminded City Manager Flynn that he still has not seen a time line on the Revitalization
Project. This is a critical project and staff needs to get it going.
FILE NO. CC -72
C) Mayor Warner informed the public that he recently attended the American Public Power
Association (APPA) conference. It was interesting and dealt with restructuring. California
is leading the way and it looks like, based on this evening's meeting, Lodi is leading
California.
FILE NO. CC -7(1) AND CC -51(d)
8
Continued June 19, 1996
d) Council Member Mann concurred with Mayor Warner wholeheartedly that California, and
Lodi through Northern California Power Agency (NCPA) and retail wheeling, is leading is
the restructuring. The new proposed date is 1998 when it will be industrial and maybe
commercial. Lodi is diligently working with NCPA and other people to help formulate this
restructuring. In regards to the Revitalization Project, the wheels are moving; however,
most people cannot see it. Mr. Mann suggested City staff meet with the Lodi Downtown
Business Association (LDBA) to paint signs downtown and on Cherokee Lane to
announce that revitalization is on its way. The signs should also give an anticipated date
so people will know the issue is alive and continuing.
FILE NO. CC -70), CC -7(I) AND CC -51(d)
e) Council Member Sieglock also attended the APPA conference. Mr. Sieglock returned
with an idea to put together a Home Page for information on what Lodi is doing with its
electric utility and to educate our residential population and industrial customers about
programs and how people can save money as customers. Another session Mr. Sieglock
attended recommended that whenever City streets are trenched, fiber optic conduit
should be installed. By doing so now, it would be cheaper and it could be leased out to
private enterprise. Council Member Sieglock would like to see all trenches dug from this
day forward be laid with fiber optic conduit. Also, it was interesting that the security was
very tight at the conference this year compared to in the past. There is obvious
competitiveness and people are holding their information much more closely.
FILE NO. CC -7(I) AND CC -51(d)
f) City Manager Flynn announced that the City Council agendas and minutes are now on
the Home Page. More information will be added in the near future. Mr. Flynn also
announced that there were three retirements from the City this month. Al Thurman who
worked in the Electric Utility Department for 30 years and Barbara Daijogo and Shirley
Adolf who worked in the Finance Department for approximately 30 years. Further, Mr.
Flynn reviewed the Shirtsleeve Session schedule with the City Council. Council will be
discussing the Lodi Electric Assistance Program (LEAP) on June 25; budget policy review
on July 2; Hutchins Street Square (size and scope of the project) on July 9; Hutchins
Street Square (financing arrangements) on July 23; and continued discussion regarding
Hutchins Street Square on July 30.
g) Council Member Mann agreed that the City of Lodi should put information regarding
electric utilities on the Home Page. Soon the agendas and minutes from all boards and
commission meetings will be on-line. More people are becoming internet literate. In one
month the City's Home Page has had approximately 2,000 "hits". Council Member Mann
thanked Finance Director McAthie for helping to get this done.
12. ADJOURNMENT
There being no further business to come before the City Council, Mayor Warner adjourned the
meeting at approximately 10:47 p.m.
ATTEST:
Jennifer M. Perrin
City Clerk