HomeMy WebLinkAboutMinutes - January 18, 1995 (5)G CITY COUNCIL
REGULAR CITY COUNCIL MEETING-
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 18, 1995
7:00 P.M.
ROLL CALL
Present: Council Members - Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn, Public Works Director
Ronsko, Parks and Recreation Director Williamson, City Attorney McNatt and
City Clerk Perrin
INVOCATION
The invocation was given by Pastor Greg Myers, Zion Reformed Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
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4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Mann presented a proclamation to representatives of St. Anne's Catholic School
proclaiming the week of January 29 - February 4, 1995 as "Catholic Schools Week" in the
City of Lodi.
FILE NO. CC -37
b) Mayor Mann presented a proclamation to Joanne Donovan, American Association of
United Women, Lodi Branch President, proclaiming the year of 1995 as "The Woman
Suffrage Diamond Jubilee".
FILE NO. CC -37
C) Mayor Mann presented a proclamation to Mike Nilssen with American Medical Response
for his many commitments to the City of Lodi. Mr. Nilssen is leaving Lodi to take a
position with his company in Oregon.
FILE NO. CC -37
d) Mayor Mann presented proclamations to retiring volunteers of the Boosters of Boys/Girls
Sports Organization (BOBS): Ed Wall and Larry Simpfenderfer (Mr. David Akin was not
present at the meeting).
FILE NO. CC -37
e) Dr. Rick Turner, President of the Kiwanis Club of Greater Lodi, presented the Mayor with
a check in the amount of $1,500 towards the Lodi Lake playground equipment.
FILE NO. CC -6 AND CC -27(c)
f) Phil Lenser, President with the Lodi Rotary Club, presented Mayor Mann with the club's
project of installing a new "Lodi Lake Park" sign at the entrance of this facility.
FILE NO. CC -6 AND CC -27(c)
Continued January 18, 1995
g) Jerry Glenn with the Lodi Kiwanis Club presented Mayor Mann with the club's project of a
picnic area (including picnic pad, tables and barbecue) at Kofu Park.
FILE NO. CC -6 AND CC -27(c)
h) Public Works Director Ronsko presented a report to the City Council regarding the City's
storm drain system during the recent storms. The system functioned very well and Mr.
Ronsko complimented his Department for the fine work it did. There were some areas of
minor flooding and some clogged catch basins which were taken care of immediately. Mr.
Ronsko thanked the citizens for calling in the trouble spots so his staff could respond right
away. Over all, Mr. Ronsko is pleased with how the system handled the storm.
FILE NO. CC -6 AND CC -176
COMMENTS BY PUBLIC ON CONSENT CALENDAR ITEMS
a) Brad Frechette, 437 East Tokay Street, Lodi, commented on item #E-5 entitled, "Reject all
bids and authorize readvertisement for bids for 1995 Sidewalk Repair Program and
Miscellaneous Concrete Work". Mr. Frechette understood the reasoning for rejecting the
bids; however, expressed his concern that the bid prices were now known to all bidders.
FILE NO. CC -12(b)
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Warner second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
a) Claims were approved in the amount of $2,925,243.19.
FILE NO. CC -21(a)
b) The Minutes of January 4, 1995 (Regular Meeting) were approved as written.
C) Approved the plans and specifications for bids for water well No. 1 abandonment, 230-112
East Lodi Avenue and authorized advertising for bids.
FILE NO. CC -12.1(c)
d) Approved the specifications for bids for turf fertilizer for the Parks Department and
authorized advertising for bids.
CC -12.1(c)
e) Agenda item #E-5 entitled, "Reject all bids and authorize readvertisement for bids for
1995 Sidewalk Repair Program and Miscellaneous Concrete Work" was removed from
the Consent Calendar and discussed and acted upon following adoption of the Consent
Calendar. (Removed by Council Member Pennino.)
f) Accepted the improvements under the "Pig's Lake Levee Repair" contract and directed
the City Engineer to file a Notice of Completion with the County Recorder's office.
FILE NO. CC -27(c) AND CC -90
g) Accepted the improvements under the "City Hall Annex Parking Lot, 211 West Oak
Street" contract, and directed the Public Works Director to file a Notice of Completion with
the County Recorders office.
FILE NO. CC -90
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Cone, January 18, 1995
h) Adopted Resolution No. 95-04 accepting the development improvements for Century
Meadows One, Unit No. 1, Tract No. 2570.
FILE NO. CC -46 AND CC -300
Adopted Resolution No. 95-05 approving the State Cooperative Agreement No. 10-889
between the City of Lodi and the State of California covering the installation and
maintenance of traffic signals and safety lighting at the intersection of Tienda Drive and
Kettleman Lane (Highway 12).
CC -48(h), CC -90 AND CC -300
j) Adopted Resolution No. 95-06 granting permission to destroy the following records in the
Lodi Police Department in excess of five years of age:
• Background investigations and employment records of previous employees who
have left employment with the City over five years ago. This does not include
retirees.
• Background investigations of previous applicants not hired, over five years old.
• Crime reports, incident reports and traffic reports over five years old, except for
those with pending court action and all homicide investigations.
• Investigations of citizens' complaints over five years old.
FILE NO. CC -6, CC -34 AND CC -300
k) Agenda item #E-11 entitled, "Vehicle release fee (impounded vehicles) for the Police
Department" was removed from the Consent Calendar and discussed and acted upon
following the adoption of the Consent Calendar. (Removed by Council Member
Davenport.)
Agenda item #E-12 entitled, "Purchase of Special Weapons and Tactics (SWAT) Team
equipment for two additional team members" was removed from the Consent Calendar
and discussed and acted upon following adoption of the Consent Calendar. (Removed by
Council Member Davenport.)
m) Agenda item #E-13 entitled, "Siting of University of California campus at Lake Yosemite,
Merced" was removed from the Consent Calendar and discussed and acted upon
following adoption of the Consent Calendar. (Removed by Council Member Sieglock.)
ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Sieglock, Warner second, adopted
Resolution No. 95-03 rejecting all the bids for the 1995 Sidewalk Repair Program and
Miscellaneous Concrete Work project and authorized readvertising for bids with amended
specifications which includes a two-hour response time (instead of a 25 mile distance
requirement) and further those who bid previously on the project will be allowed to bid this
next time by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12(b) AND CC -300
Continued January 18, 1995
b) The City Council, on motion of Council Member Warner, Sieglock second, adopted
Resolution No. 95-07 authorizing the increase in the vehicle release fee (impounded
vehicles) in the Lodi Police Department from $30.00 to $45.00 to pay for the
administrative cost of this program by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -56; CC -152 AND CC -300
C) The City Council, on motion of Council Member Pennino, Sieglock second, authorized the
expenditure of Asset Seizure funds in the amount of $4,950 to purchase initial start-up
equipment for a Special Weapons and Tactics (SWAT) Officer, in addition to $4,950
which will be spent from the Confiscated Weapons Account by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -21(a) AND CC -152
d) The City Council, on motion of Council Member Sieglock, Pennino second, adopted
Resolution No. 95-10 supporting the Merced Lake Yosemite site for the tenth campus of
the University of California by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -6 AND CC -300
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 Mann called for the Public Hearing to consider
Reimbursement Agreement #RA -95-01 for public improvements for Century Meadows
One, Unit No. 1.
Hearing Opened to the Public
Steve Pechin, Baumbach & Piazza, 323 West Elm Street, Lodi, expressed his
support for the Reimbursement Agreement and further answered questions from
the City Council.
Nmllffq;1671r. - -.
ACTION:
The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
approved Reimbursement Agreement #RA -95-01 for public improvements in
Meadowbrook Drive constructed with the Century Meadows One, Unit No. 1 subdivision.
FILE NO. CC -46 AND CC -90
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Con Hued January 18, 1995
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 Mann called for the Public Hearing to consider
Resolution/Order to vacate the alley west of Washington Street, from Cherry Street to
93.68 feet north of East Vine Street
Hearing Opened to the Public
John Spero, property owner of 232 Cherry Street, Lodi, spoke in support of the
proposed alley abandonment.
ACTION:
The City Council, on motion of Council Member Sieglock, Warner second, unanimously
adopted Resolution/Order No. 95-08 vacating the alley west of Washington Street, from
Cherry Street to 93.68 feet north of East Vine Street and further approved the condition
that a permanent easement be reserved.
FILE NO. CC -45(a) AND CC -52(a) AND CC -300
9. COMMUNICATIONS (CITY CLERK
a) On recommendation of the City Attorney and the City's contract administrator, Insurance
' Consulting Associates, Inc. (ICA), the City Council, on motion of Council Member
Sieglock, Warner second, unanimously rejected the following claims and referred them
back to ICA:
Michael Huff, date of loss 1219/94;
2. Samuel Nives-Varela, date of loss 7/12/94; and
3. Dixie Perryman, date of loss 6/26194.
FILE NO. CC -4(c)
b) City Clerk Perrin read the following ABC Licenses:
Jose R. Tapia to Juan Garcia, EI Nuevo Guadalajara, 121 North Sacramento
Street, Lodi, On Sale Beer and Wine, Person to Person Transfer;
2. Jose R. Tapia to Juan Garcia, Rainbow Club, 116 North Sacramento Street, Lodi,
On Sale Beer and Wine, Person to Person Transfer; and
3. Guiseppe Cusumano to Tammy S. Lagorio, Jo Jo, 2400 West Turner Road #102,
Lodi, On Sale Beer and Wine, Person to Person Transfer.
Police Chief Hansen informed the City Council that he has formally filed a request with the
ABC Board that the licenses for Mr. Tapia be revoked. ABC has indicated that it will try to
revoke the licenses. In the meantime, the Person to Person Transfers are being put on
hold until an administrative hearing on this matter can be held. Police Chief Hansen will
attend the hearing.
FILE NO. CC -7(f)
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Continued January 18, 1995
C) The following report was presented to the City Council:
1. Planning Commission report of January 9, 1995.
FILE NO. CC -35(c)
d) The City Council, on motion of Council Member Sieglock, Pennino second, unanimously
directed the City Clerk to post for the following vacancies on the Senior Citizens
Commission:
Senior Citizens Commission
Mike Nilssen Term to expire December 31, 1996
Joan Rostomilly Term to expire December 31, 1996
FILE NO. CC -2(i)
e) The City Council, on motion of Council Member Warner, Pennino second, unanimously
made the following appointment to the Site Plan and Architectural Review Committee
(SPARC):
Site Plan and Architectural Review Committee (SPARC)
Keith Selleseth Term to expire January 1, 1999
FILE NO. CC -2(1)
f) The City Council, on motion of Council Member Sieglock, Warner second, unanimously
expanded the Information Superhighway Task Force from five appointed members to
seven and further made the following appointments:
Information Superhighway Task Force
Ken Jones, Director of Information Technology, Lodi Unified School District
Del Heintz, General Manager, King Videocable
FILE NO. CC -2(a)
10. RECESS
Mayor Mann declared a ten-minute recess and the City Council meeting reconvened at
approximately 8:38 p.m.
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at'
Contin ed January 18, 1995
11. REGULAR CALENDAR
a) Regarding the Westgate Park design, the City Council, on motion of Council Member
Sieglock, Pennino second, directed staff to proceed with the Plan "B" park design (the one
recommended by the City's consultant, Jerry Draggoo) with the following amendments:
• Eliminate the west 60' baseball diamond;
• Add a 90' baseball diamond only for baseball practice (no games) and further that
no conduits for lighting be installed;
• Eliminate one tennis court, thereby installing two instead of three and further
install lighting in the area on timers until 10:00 p.m.;
• Include the in-line skating area and a full basketball court; and
Look at the youth playground to ensure safety in that area.
The motion passed by the following vote:
Ayes: Council Members - Davenport, Pennino and Sieglock
Noes: Council Members - Warner and Mann (Mayor)
Absent: Council Members - None
Speaking on the matter were the following persons:
1. Ed Wall, Chairperson, Parks and Recreation Commission, explained the position
the Commission took on the matter_ It felt that the City should proceed with the
design which appeared in the Master Plan due to the time, money and effort put
into it;
2. Steve Crivelli, 301 North Lower Sacramento Road, Lodi, expressed his concern
regarding the amount of traffic this park will generate and safety concerns. Mr.
Crivelli would like to see the fields used only for practice and not for games;
3. Tom Alexander, Recreation Supervisor at the Parks and Recreation Department
and member of Boosters of Boys/Girls Sports Organization (BOBS), expressed
the need for another 90' baseball field in the City of Lodi;
4. Bob Johnson, member of the Parks and Recreation Commission, also expressed
to the City Council the reason for the Commission's decision;
5. Bob Hendercart, 62 Elderica, Lodi, urged the City Council to keep this a
neighborhood park and not a community park. Mr. Hendercart expressed
concerns regarding the lighting of the park, parking and traffic problems, and the
congregation of people after hours;
6. Carol Sorenson, 68 North Evergreen Drive, Lodi, also urged that this be a
neighborhood park and spoke against lighting and a parking lot at the park;
7. Christine Glass, 210E Park Oak Drive, Lodi, encouraged the City Council to go
with the Master Plan (Plan B) design and to keep open space at the park;
8. Bob Sorenson, 68 Evergreen Drive, Lodi, also objected to tennis courts with lights
and the idea of a parking lot. Mr. Sorenson felt that the tennis courts are too
close to the edge of the park and requires the need for a buffer; and
Continuer! January 18, 1995
9. Pat Dos Reis, 200 Evergreen Drive, Lodi, expressed concerns about the traffic,
safety, lighting and the congregation of people after hours at the park. Ms. Dos
Reis urged that the City Council keep this a neighborhood park.
FILE NO. CC -6 AND CC -27(c)
12. RECESS
Mayor Mann declared a five-minute recess and the City Council meeting reconvened at
approximately 10:40 p.m.
13. REGULAR CALENDAR (Continued)
a) The City Council, on motion of Council Member Pennino, Sieglock second, approved
retaining Freedman, Tung and Bottomley's services to complete the Concept
Development Phase of the Central City Revitalization Program in the amount of
$14,109.00 by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
y
Speaking on the matter were the following persons:
1. Bill Sandeen, 410 South Mills Avenue, Lodi, spoke in support of extending the
contract; however, suggested that Freedman, Tung & Bottomley provide design
sketches prior to extending this contract so that the City will see what it's paying
for;
2. Tony Segale, 215 Palomar, Lodi, expressed support in extending the contract and
urged the City Council to move forward;
3. Barbara McWilliams, Posers TVs and Radios, representing the Lodi Downtown
Business Association (LDBA), urged the City Council not to delay this project and
to move forward; and
4. Elaine Hecker, Gary's Lounge, 13 South School Street, Lodi, also supported
extending the contract and to move forward with the project.
FILE NO. CC -72. CC -90 AND CC -300
14. VOTE TO CONTINUE FOLLOWING 11 P.M. HOUR
The City Council, on motion of Council Member Sieglock, Warner second, unanimously
determined it would continue with the remainder of the meeting following the 11:00 p.m. hour.
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Contln�nuary 18, 1995
15. REGULAR CALENDAR (Continued)
a) The City Council, on motion of Council Member Sieglock, Pennino second, adopted
Resolution No. 95-09 awarding the lease of five portable trailers to Allspace Leasing, Inc.
of Modesto in the amount of $96,771.00 by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent Council Members - None
FILE NO. CC -12(d) AND CC -300
b) Agenda item #H-4 entitled, "Hazardous substances - recovery of costs" was pulled from
the agenda pursuant to staffs request.
16. ORDINANCES
a) Ordinance No. 1604 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Section 10.40.020 Relating to Bicycle Riding Rules"
having been introduced at a regular meeting of the Lodi City Council held January 4, 1995
was brought up for passage on motion of Council Member Sieglock, Davenport 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 - Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -66, CC -152 AND CC -149
17. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None.
18. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport thanked everyone for coming and commented on the
following matters: (1) Reminded everyone to be ever mindful of gangs; and (2) Urged
citizens to pay attention to what their Council Members are doing.
b) Council Member Pennino directed staff to move forward with pursuing joint use and fees
between the City of Lodi and the Lodi Unified School District for facilities. City Manager
Peterson stated that the Assistant City Manager and the Parks and Recreation Director
have been meeting with the School District. Mr. Pennino urged for more progress.
3�
Continued January 18, 1995
Further, Council Member Pennino suggested that the Consent Calendar be handled as
follows instead of the current format:
• Reading of the Consent Calendar by the City Manager;
• Council to pull items, if any, from the Consent Calendar without discussion;
• Citizens' comments on Consent Calendar; and
• Council votes on the remainder of the Consent Calendar and then discusses
pulled items.
City Attorney McNatt will research the matter.
FILE NO. CC -1(a), CC -40 AND CC -43
C) Council Member Sieglock asked that staff put on the next agenda the request from the
Lakeshore Homeowners Association to paint red curb.
FILE NO. CC -45(e)
*
Mayor Mann adjourned the City Council meeting to a Closed Session to discuss the following
matters:
a) Pending Litigation - Celiz-Lovell v. City of Lodi
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b) Property Negotiation - Lease/purchase of Beckman building
City's Representative: City Attorney Bobby W. McNatt
20. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
Mayor Mann reconvened the City Council meeting at approximately 11:45 p.m. and disclosed the
following actions:
Pending Litigation - Celiz-Lovell v. City of Lodi
No final action was taken on this matter.
Proper Negotiation - Lease/purchase of Beckman buildino - City's Representative: City Attorney
Bobby W. McNatt
No final action was taken on this matter.
21. ADJOURNMENT
There being no further business to come before the City Council, Mayor Mann adjourned the
meeting at approximately 11:45 p.m.
ATTEST:
Jep ifer M. Perrin
�WClerk v
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