HomeMy WebLinkAboutMinutes - May 17, 1995 (5)L19,7 -
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 7,1995
7:00 P.M.
Present: Council Members - Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development
Director Schroeder, Public Works Director Ronsko, Interim City Attorney Stovall
and Acting City Clerk Taylor
INVOCATION
The invocation was given by Pastor Lyle Morris, Salvation Army.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mr. Peterson wished Lyle Morris best of luck as he left the Lodi area for a new position in
Hanford, and recognized Pastor Morris for his dedication and service to the Lodi Salvation
Army and the community.
b) Mayor Mann introduced Mr. John Stovall, who will act as the Interim City Attorney during
the selection process for replacement of Mr. Bob McNatt, who has recently been
appointed a Superior Court Judge for San Joaquin County.
FILE NO. CC -6
C) Mr. Calvin Yamada and representatives from the California EPA Toxic Substance Division
presented the keys to a new hazardous materials vehicle Mayor Mann and the Lodi Fire
Department. Mr. Yamada informed Council the vehicle was purchased with State grant
funds. and thanked Chief Howard and the staff of the Lodi Fire Department. Chief
Howard noted the vehicle will be on display for public viewing at upcoming community
events including Field and Fair Day.
FILE NO. CC -7(f), CC -112 and CC -175
d) Mr. J. Jeffrey Kirst and Mr. Chad Meyer were present to provide Council with a brief
report on the Lodi Sports Foundation, and the need for additional sports facilities in Lodi.
Mr. Kirst reported he has filed articles of incorporation and has received donations from
several businesses in support of the foundation, and encouraged Council to not only
support the program, but assign Ron Williamson, Parks and Recreation Director, as city
liaison to the foundation. Mr. Meyer encouraged Council to support the Lodi Sports
Foundation which will interface with Council and the Recreation Commission with one
goal: raising money to build needed sports facilities in Lodi, and commended Mr. Kirst for
his initiative in taking such a strong role in this project.
e) City Manager Peterson introduced two new employees with the City of Lodi, Alan Vallow,
Electric Utility Director, and Tony Goehring, Economic Development Coordinator.
FILE NO. CC -6 and CC -34
June 7, 1995 Continued
NSENT 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 $4,145,869.84.
FILE NO. CC -21(a)
b) The Minutes of May 17, 1995 (Regular Meeting) were approved as written.
C) Adopted Resolution No. 95-67 approving reclassification of one Community Service Officer
to Police Volunteer Supervisor, and adopting a new class specification and salary range.
FILE NO. CC -34, CC -152 and CC -300
d) Accepted the improvements under the "Blakely Park Pool Resurfacing, 1050 South
Stockton Street" 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
e) Adopted Resolution No. 95-68 awarding the contract for Lodi Lake Nature Trail to Don
Lawley Company, Inc., Stockton, in the amount of $14,300.
FILE NO. CC -12(a), CC -27(c), CC -90 and CC -300
f) Agenda Item #E-6 entitled, "Contract Award for Almond Drive Street Improvements,
Stockton Street to Cherokee Lane" was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar. (Removed by
Council Member Davenport)
g) Agenda Item #E-7 entitled, "Contract Award and Rejection of Non -Responsive Bids for
Civic Center Improvements (Phase II), City Hall Remodel" was removed from the
Consent Calendar and discussed and acted upon following approval of the Consent
Calendar. (Removed by Council Member Mann)
h) Adopted Resolution No. 95-71 approving renewal of the existing Landscape Maintenance
Contract for Fiscal Year 1995-96 (approximately $43,000) to Ireland Landscape
Company, Inc., Stockton.
FILE NO. CC -27(a), CC -90 and CC -300
Adopted Resolution No. 95-72 awarding the contract for Asphalt Materials for Fiscal Year
1995-96, totaling $100,290, as follows:
Item A - F.O.B. Plant Granite Construction, Stockton
Item B - Stockpile City Limits American River Asphalt, Folsom
Item C - Hopper of Paver F.T.G. Construction, Lodi
FILE NO. CC -45(a), CC -90 and CC -300
j) Adopted Resolution 95-73 awarding all three items of the contract for Rock and Sand
Material for Fiscal Year 1995-96 to Granite Construction, Stockton.
FILE NO. CC -45(a), CC -90 and CC -300
k) Authorized advertisement for bids for the sale of vacant surplus city property at 1775
South Church Street on a continuous basis until the property is sold, with proceeds to be
refunded to the Gas Tax Account (which originally funded purchase of the property) and
utilized for street purposes.
FILE NO. CC -45(a), CC -161 and CC -177
June 7,199S Continued
Appropriated $20,000 from the Street Development Impact Mitigation Fund for the
Thurman Street crossing at the Central California Traction Company (CCT) railroad
tracks, and authorized Public Works Director to have the work completed by the CCT.
FILE NO. CC -7(h), CC -21(a), CC -56 and CC -158
m) Approved the specifications and authorized advertisement for bids for the purchase of 384
electric watthour meters for the Electric Utility Department for new housing developments
as well as replacement of existing obsolete and deteriorated meters.
FILE NO. CC -12.1(c), CC -21(a) and CC -51(d)
n) Approved the specifications and authorized advertisement for bids for 30,000 feet of
#2AWG and 22,500 feet of 750Kcmil underground primary conductor for the Electric
Utility Department's use in new residential and commercial subdivisions, as well as
providing inventory for routine or emergency maintenance of existing electrical system.
FILE NO. CC -12.1(c), CC -47 and CC -51(d)
o) Agenda Item #E-15 entitled, "Request for Attorney General's Opinion Regarding the
Applicability of Public Resources Code Section 5164 and Education Code Section 10911.5
to City Parks and Recreation Youth Sports Programs and the Boosters of Boys and Girls
Sports (BOBS)" was removed from the Consent Calendar and discussed and acted upon
following approval of the Consent Calendar. (Removed by Council Member Warner)
P) Adopted Resolution No. 95-75 declaring weeds a public nuisance and initiating abatement
proceedings on various parcels throughout the City, and further, set the matter for public
hearing for the regular City Council meeting of June 21, 1995.
FILE NO. CC -27(a), CC -112 and CC -158
q) Assistant City Manager Glenn provided Council with a copy of the annual Unmet Transit
needs report prepared by the San Joaquin County Council of Governments (COG),
pointing out the report concludes "there are no unmet transit needs in Lodi at this time".
FILE NO. CC -6, CC -7(n) and CC -50(b)
r) Adopted Resolution No. 95-76 authorizing a one year extension to the contract with
Enforcement Technology for the processing of parking citations at a fee of approximately
$5,000.
FILE NO_ CC -56, CC -90, CC -150 and CC -300
S) Approved waiving the business tax, in part, for vendors who do not have a business
license, and who will participate at the "Lodi Pet Fair" sponsored by the Animal Friends
Connection and Animal Friends Humane Society on June 18, 1995 at the Lodi Festival
Grounds, and further, set a fee of $3.75 per vendor per day for the event.
FILE NO. CC -65, CC -132 and CC -177
6. ITEMS REMOVED FROM CONSENT CALENDAR
a) Council, on motion of Council Member Warner, Sieglock second, adopted Resolution No -
95 -69 awarding the contract for Almond Drive Street Improvements, Stockton Street, to
George Reed, Inc., Lodi, in the amount of $103,379, by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Davenport
FILE NO. CC -12(a), CC -45(a), CC -90 and CC -300
'June 7, 1995 Continued
b) Council, on motion of Council Member Warner, Davenport second, adopted Resolution
No. 95-70 rejecting the non-responsive bids from The McDonald Glenn Company and
Broward Brothers, Inc., and awarding the contract for Civic Center Improvements (Phase
11), City Hall Remodel to Leslie G. Delbon Company, Inc., Sonora, in the amount of
$1,853,310 (Base Bid plus Bid Alternates B and C), by the following vote:
Ayes: - Council Members - Davenport, Pennino, Sieglock, Warner
and Mann (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Speaking on the matter were the following:
1} Mr. Glen McDonald, 22221 Oleander, Manteca, representing the McDonald
Glenn Company, spoke in opposition to Council awarding the bid as
recommended by staff, and requested Council consider rejecting the bids and
rebidding the project.
2) Judy Delbon, P.O. Box 3127 Sonora, CA, spoke in favor of Council concur with
staff recommendation and award the contract to Leslie G. Delbon Company, Inc.
FILE NO. CC -12(b), CC -12(c), CC -81, CC -90 and CC -300
C) Council, on motion of Council Member Warner, Davenport second, unanimously tabled
"Request for Attorney General's opinion regarding applicability of Public Resources Code
§5164 and Education Code §10911.5 to City Parks and Recreation youth sports programs
and the Boosters of Boys and Girls Sports (BOBS)", until the next regular Council
meeting, and directed staff to submit alternative options for approval at that time.
FILE NO. CC -11(a), CC -40
7_ 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 -95-03 for Public Improvements for Century Meadows
Three, Units 1, 2 and 3.
Hearing Opened to the Public
Steve Pechin, 323 West Elm Street, Baumbach & Piazza, spoke in support of
the reimbursement agreement.
Public Portion of Hearing Closed
ACTION:
City Council, on motion of Sieglock, Pennino second, approved Reimbursement
Agreement #RA -95-03 for Public Improvements for Century Meadows Three, Units 1, 2
and 3, 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 -56 and CC -90
.19
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June 7, 7995 Continued
8. CLOSED SESSION
a) Pending Litigation - City of Lodi v. Ramsey/Preszler
Interim City Attorney Stovall advised Council that mediation, to take place on Thursday,
June 8, 1995, required Council's consideration and action regarding Ramsey/Preszler, in
reference to Government Code Section 54954.2(b).
Council, on motion of Council Member Mann, Davenport second, determined a need to
take immediate action regarding the case of Ramsey/Preszler, and further determined the
item came to their attention only after the agenda was completed [Government Code
Section 54956.9(a)], by the following vote:
Ayes: Council Members - Davenport, Pennino, Sieglock, Warner
and Mann (Mayor)
Noes: Council Members - None
Absent: Council Members - None
RETURN TO OPEN SESSION. DISCLOSURE OF ACTION
Pending Litigation - City of Lodi v. Ramsey/Preszler
No final action on closed session matter.
10. RECESS
Mayor Mann declared a ten minute recess and the City Council meeting reconvened at
approximately 8:13 p.m.
11. 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 Mann called for the Public Hearing to consider
appeal from Terry Knutson on behalf of Cottage Bakery, Inc. regarding required fire
sprinklers for building located at 203 South School Street.
Hearing Opened to the Public
Terry Knutson, 24 North Almond Drive, representing Cottage Bakery, Inc., spoke
in favor of the appeal.
Public Portion of Hearing Closed
ACTION:
Council, on motion of Council Member Pennino, Warner second, directed staff to amend
fire code language to more closely reflect state regulations regarding fire sprinkler
systems and distinguish between new and remodel/renovation projects; directed the
Building Inspector and Fire Chief, to meet with Mr. Knutson and his architect regarding
1<'
June 7, 1995 Continued
possible alternative remodeling plans; and encouraged staff to explore the offering of
revitalization program incentives in the future toward this and similar projects, by the
following vote:
Ayes: Council Members - Davenport, Pennino and Warner
Noes: Council Members - Sieglock and Mann (Mayor)
Absent: Council Members - None
FILE NO. CC -72 and CC -112
10. 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 Warner,
Sieglock second, unanimously rejected the following claims and referred them back to
ICA:
Dorothy C. Karabetsos, date of loss 3115195
2. Pacific Bell, date of loss 10/20/94
FILE NO. CC -4(c)
b) The following reports were presented to the City Council:
Planning Commission report of May 22, 1995
Council, on motion of Council Member Sieglock, Pennino second, set public
hearing for July 5, 1995 to consider Planning Commission's recommendations for
General Plan Amendment GPA -LU 95-3 to redesignate the parcel at 2801 West
Tumer Road (APN 015-230-39) from NCC, Neighborhood -Community
Commercial to LDR, Low Density Commercial, to rezone the parcel at 2801 West
Turner Road (APN 015-230-39) from C -S, Commercial Shopping to R-1, Single -
Family Residential, and to certify the filing of a Negative Declaration by the
Community Development Director as adequate environmental documentation on
the above projects, 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 -35(a), CC -35(c) and CC -53(a)
C) City Clerk Taylor informed Council of receipt of Application No. 95-005-016 filed by
Pacific Gas & Electric with the California Public Utilities Commission outlining annual
cost of capital, PG&E's cost of acquiring funds to finance company operations and
capital investigations. (Council Member Sieglock requested the City Clerk forward a
copy of all future PG&E applications to Electric Utility Director Vallow for review.)
FILE NO. CC -7(t)
11. RECESS
Mayor Mann declared a ten minute recess and the City Council meeting reconvened at
approximately 10:25 p.m.
Gel
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June 7, 1995 Continued
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a) Council, on motion of Council Member Sieglock, Mann second, approved the request of
Daniels C. Logue Development and Construction, Inc. for a use permit to rehabilitate the
Lodi Hotel, converting portions of the hotel to senior citizen studio and one bedroom
apartments with common areas for recreation, visiting etc., by the following vote:
Ayes: Council Members - Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Speaking on the matter were the following:
1) Barbara McWilliams, President of the Lodi Downtown Business Association
(LDBA), spoke in favor of the project, but expressed some LDBA members had
voiced concern regarding downtown residential housing, a lack of adequate
parking, and regulatory agreements to safeguard the integrity of the project.
2) Kevin Suess, P.O. Box 667, Lodi, spoke in opposition to the project, and expressed
concern that the project may not find a necessary need within the Lodi community
since he represents Lodi properties of a similar nature which are currently vacant.
3) Tony Segale, 215 Palomar.Drive, Lodi, representing the Revitalization Task
Force, spoke in opposition to issuance of the proposed use permit and
encouraged Council to review possible alternative projects and ideas.
4) Eileen St. Yves, 310 South Orange Street, spoke in opposition to the project
concurred and encouraged Council to consider and review other possible options.
5) Ed Richter, LDBA member and owner of the Lodi Barber Shop, spoke in favor of
the project stating people would live in this kind of secured environment, and
urged Council to consider parking concerns in conjunction with the project.
6) Colleen Dixon, 333 Hilbom, spoke in support of the hotel with the City enforcing
strict guidelines to ensure the hotel remain in good order as proposed.
7) Norman Bechtel, 101 West Locust, spoke in favor of the project and expressed
concern that if nothing is completed with the building soon, safety will be an issue.
8) Elaine Hecker, Gary's Lounge, spoke in favor of the project, noting that the
building in its present conditions is unsafe and requires immediate attention.
9) Duane Simpfenderfer spoke on behalf of Tokay Players, spoke in favor of the
project, reminding Council of Mr. Youssefi's recent informational presentation.
10) Judy Peterson, 15 Downtown Mall, spoke in opposition to the project, expressing
concern with a residential project being placed in a business area.
11) Don Ochs, 1812 Burgundy, Lodi, representing Senior Citizens Commission, spoke
in favor of the project, stating it would provide needed affordable housing for our
senior citizens, and would appear to be a fine facility to attract desirable tenants.
12) Cyrus Youssefi, representing Daniels C. Logue Development and Construction,
Inc., spoke in favor of the project.
FILE NO. CC -14(a), CC -33, CC -72 and CC -90
�,;4
lune 7, 1995 Continued
13. VOTE TO CONTINUE WITH REMAINDER OF MEETING FOLLOWING 11 PM HOUR
The City Council, on motion of Council Member Sieglock, Davenport second, unanimously
determined it would continue with the remainder of the meeting following the 11:00 p.m. hour.
14. REGULAR CALENDAR (Continued)
a) Public Works Director Ronsko presented Council with information regarding the East San
Joaquin Parties/East Bay Municipal Utility District (EBMUD) Joint Conjunctive Use
Project. Further, Mr. Ronsko provided Council with a copy of the agreement initiating a
preliminary study, and informed Council the City of Lodi would be asked to sign the
Agreement at a later date, with all costs under the agreement to be the responsibility of
EBMUD and San Joaquin County.
FILE NO. CC -7(b) and CC -90
b) Council, on motion of Council Member Sieglock, Warner second, adopted Resolution No.
95-74 awarding a 2 -year contract for Abandoned Vehicle Towing Franchise to Stubbs Pro
Tow, by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Speaking on the matter were the following:
Gary Guthrie, P.O. Box 1240, Lodi, spoke in support of Council awarding the
towing franchise to Stubbs Pro Tow.
2. Dan Votaw, 508 Santee Court, representing Plummer Pontiac, spoke in
opposition to the towing franchise being awarded to Stubbs Pro Tow, and
requested Council consider waiving the ordinance requirement of a dismantler's
license.
3. Mike Cofey, Pacific Towing, 1533 South Stockton Street, spoke in opposition to
Council awarding the towing franchise to Stubbs Pro Tow.
FILE NO. CC -152 and CC -300
C) Council, on motion of Council Member Pennino, Warner second, approved the City joining
amicus briefs for various pending cases involving issues of concern to the City
(specifically, Ehrlich v. Culver City, California Beverage Retailers v. Oakland, and Loder v
Glendale), by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -4(a) and CC -6
15. ORDINANCES
a) None.
June 7, 1995 Continued
16. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Susan Holmquist, representing California Waste Removal Systems, announced upcoming
"Lodi Pride - Community Wide" cleanups offered between June 13 and July 7, 1995.
Several advertisements in the newspaper will alert residents to specific time frames,
cleanup schedules, and locations for pickup. Residential curbside pickups will be done,
and drop-off locations for disposal of larger household items will be announced, with no
additional charges to be made for these services. Ms. Holmquist further announced
"Dollar Dump Day" will be held on June 17, 1995 from 8:00 a.m. to 4:00 p.m. at the
California Waste facility for all Lodi residents (no commercial customers).
17. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Pennino asked that Council direct staff, specifically the Building
Inspector and Fire Chief, to formulate recommendations toward a streamlined permit
request procedure, and to return to Council with recommendations at the second meeting
in July. Council concurred with Mr. Pennino's request.
b) Council Member Davenport thanked everyone for coming to the meeting and commented
on the following: 1) reminded citizens to be ever mindful of gangs; 2) reported the Boys
and Girls Club is moving along and encouraged everyone to go by and take a look at their
progress; 3) commented that although Public Works has eliminated personnel to include a
street sweeper and the tree trimmers, there are adequate people and resources to
address the downtown area with regard to dirty alleys, trash and tree maintenance; 4) and
asked citizens to provide suggestions to Public Works Director or the Street
Superintendent on ways we can alleviate the problem of alleys and trash in the downtown
area.
C) Council Member Mann announced that recently Assembly Bill 318, restricting cities with
their own utilities from transferring profits from the electrical department to their general
fund, has been discussed in Sacramento. Mr. Mann stated this profit amounts to several
million dollars in the City of Lodi each year, and pays for virtually everything sales tax
does not cover including Parks and Recreation, Hutchins Street Square, Lodi Library, etc.,
and further remarked that if we lost that funding due to this assembly bill, the City would
be in a serious financial hardship. Mr. Mann encouraged all citizens to contact assembly
and senate representatives and voice opposition to Assembly Bill 318 before it's too late.
d) City Manager Peterson requested Council direction in calling and writing on behalf of the
City of Lodi to voice opposition to Assembly Bill 318. Council concurred with Mr.
Peterson's recommendation, and directed staff to draft a resolution for approval at the
June 21, 1995 meeting.
a) Labor Relations - United Firefighters of Lodi (UFL), San Joaquin Public Employees
Association (SJPEA) for General Services and Maintenance and Operators, and Lodi
Police Dispatchers Association (LPDA)
Negotiator., Assistant City Manager Jerry L. Glenn
b) Pending Litigation - Romero v. City of Lodi [Government Code Section 549542]
C) Threatened Litigation - State of California v. City of Lodi et al.
June 7, 1995 Continued
19. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
Labor Relations - United Firefighters of Lodi (UFL) San Joaquin Public Employ
Association (SJPEA) for General Services and Maintenance and Operators and Lodi
Police Dispatchers Association (LPDA)
No final action was taken on this matter.
FILE NO. CC -200(a)
Pending Litigation - Romero v. City of Lodi TGovernment Code Section 54954.21
No final action was taken on this matter.
FILE NO. CC -200(d)
Threatened Litigation - State of California v. City of Lodi et al.
No final action was taken on this matter.
FILE NO. CC -200(d)
20. ADJOURNMENT
There being no further business to come before the City Council, Mayor Mann adjourned the
meeting at approximately 1:08 a.m. on Thursday, June 8, 1995,
ATTEST:
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