HomeMy WebLinkAboutMinutes - January 19, 1994c36
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 19, 1994
7:00 P.M.
ROLL CALL
Present: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Parks and Recreation Director Williamson, Public Works
Director Ronsko, City Attorney McNatt and City Clerk Perrin
2. INVOCATION
The invocation was given by Pastor Vernon Janzen, Vinewood Community Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Sieglock presented a proclamation proclaiming Saturday, February 5, 1994 as
"American Red Cross CPR Saturday". Mr. Larry Cox of the American Red Cross San
Joaquin Valley Chapter was present to accept the proclamation. Mr. Cox encouraged
Lodi citizens to make any kind of donation(s) to the Red Cross for the earthquake victims
of Southern California by contacting the Red Cross Headquarters located in Stockton at
747 North Pershing Avenue, 466-6971.
FILE NO. CC -37
b) Mr. Bruce Logue of the Kiwanis Club of Greater Lodi presented a check in the amount of
$1,500 to Mayor Sieglock for payment towards the Lodi Lake park equipment, located on
the north side of the park, and additionally thanked the City for use of the Lake for its
annual Fourth of July pancake breakfast which generates funds that they put back into
the community.
FILE NO. CC -27(c)
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of Mayor
Sieglock, Mann second, unanimously approved the following items hereinafter set forth except
those otherwise noted:
a) Claims were approved in the amount of $2,931,108.97.
FILE NO. CC -21(a)
b) The Minutes of January 5, 1994 (Regular Meeting) were approved as written.
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C) Received a report regarding White Slough Water Pollution Control Facility cost savings
(report on file in the City Clerk's office).
FILE NO. CC -6, CC -21(b) AND CC -51(f)
d) Authorized the sale of scrap wire and metal at periodic intervals during the calendar year
1994.
FILE NO. CC -20 AND CC -47
e) Agenda item #E-5 enfdled, "Plans and specifications and advertisement for bids for White
Slough Water Pollution Control Facility Irrigation System Expansion Pipeline Project"
was removed from the Consent Calendar and discussed and acted upon following the
adoption of the Consent Calendar. (Removed by Council Member Davenport.)
f) Agenda item #E-6 entitled, "Plans and specifications and advertisement for bids for
standby generators for water well and storm drain pumping stations for sites 1 R, 7, 9, 11
and 16" was removed from the Consent Calendar and discussed and acted upon
following the adoption of the Consent Calendar. (Removed by Council Member
Davenport.)
g) Agenda item #E-7 entitled, "Contract Award for 1994 Sidewalk Repair Program and
Miscellaneous Concrete Work" was removed from the Consent Calendar and discussed
and acted upon following the adoption of the Consent Calendar. (Removed by Council
Member Davenport.)
h) Adopted Resolution No. 94-08 awarding the bid for the purchase of 12,000 feet of #1/0
600 -volt underground triplex, and 10,000 feet of 350Kcmil 600 -volt underground triplex,
to the low bidder, Cablec Utility Cable Co., Garden Grove, California in the amount of
$24,476.49.
FILE NO. 12(a), CC -47 AND CC -300
i) Adopted Resolution No. 94-09 awarding the bid for the purchase of 192 watthour meters
to the low bidder, Ace Supply Company of Emeryville, California in the amount of
$5,602.31. Council Member Pennino requested that the staff look into the possibility of
using time of use meters for residential customers.
CC -12 (d), CC -47 AND CC -300
j) Agenda item #E-10 entitled, "White Slough Water Pollution Control Facility lease with
San Joaquin County Mosquito and Vector Control District" was removed from the
Consent Calendar and discussed and acted upon following the adoption of the Consent
Calendar. (Removed by Council Member Davenport.)
k) Agenda item #E-11 entitled, "Improvement Deferral Agreement, 360 East Lodi Avenue"
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, "Consultant Agreement and Measure K Cooperative
Agreement Bicycle Transportation Master Plan" was removed from the Consent
Calendar and discussed and acted upon following the adoption of the Consent Calendar.
(Removed by Council Member Davenport.)
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Davenport, Snider second, unanimously
approved the plans and specifications for bids for White Slough Water Pollution Control
Facility Irrigation System Expansion Pipeline Project and authorized advertising for bids.
FILE NO. CC -12.1(c) AND CC -51(0
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b) The City Council, on motion of Council Member Mann, Sieglock second, approved the
plans and specifications for bids for standby generators for water well and storm drain
pumping stations for sites 1R, 7, 9, 11 and 16 by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12.1(b)
C) The City Council, on motion of Council Member Davenport, Pennino second,
unanimously adopted Resolution No. 94-07 awarding the contract for 1994 Sidewalk
Repair Program and Miscellaneous Concrete Work to Popuch Concrete in the amount of
$41,210.00,
FILE NO. CC -12(a) AND CC -300
d) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
approved a long-term (20 year) lease agreement between the City of Lodi and the San
Joaquin County Mosquito and Vector Control District (SJCMVCD) and directed the City
Manager and the City Clerk to execute the lease on behalf of the City.
FILE NO. CC -51(f), CC -90 AND CC -127
e) The City Council, on motion of Council Member Davenport, Sieglock second,
unanimously approved the Improvement Deferral Agreement for 360 East Lodi Avenue,
and directed the City Manager and City Clerk to execute the Agreement on behalf of the
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City. Further, Mr. Davenport requested that all of the signatures of the Agreement be on
one page.
FILE NO. CC -90
f) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
authorized the City Manager to execute a consultant agreement and the standard
Measure K Cooperative Agreement for preparation of the Bicycle Transportation Master
Plan.
FILE NO. CC -66 AND CC -90
7. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport thanked everyone for attending the Council meeting and
commented on the following matters: (1) Stated that $3 million of taxpayers money was
spent in the budget; (2) Informed the public that the City Council recently adopted a new
Travel and Expense Policy and encouraged the public to view the document; (3)
Informed the public that the Youth Commission will be conducting a regular meeting on
Thursday, January 20, 1994 at 7:15 a.m. at the Senior Center at Hutchins Street Square;
(4) Questioned whether anything was going to be done with the letter that was received
from a citizen who is offering a free solar heating system to various agencies; (5)
Informed the public that the Efficiency Committee is now starting to meet and will have its
first meeting on Thursday, January 20, 1994 at 4:00 p.m. at the Carnegie Forum,
Conference Room; (6) Requested that the calendars that are prepared for the City
Council Members include the meeting dates and times of the various boards and
commissions and any meetings of the management in Administration and the
Department Heads so that he may keep abreast of what the City leaders are doing; (7)
Commented on the recent Shirtsleeve Session where the City Council talked about ideas
for the budget preparation and thanked the City Manager for having the Finance Director
make this report. Mr. Davenport further commented on deficit spending and the City
"dipping into reserves"; and (8) Informed the public about the Shirtsleeve Session of
January 18, 1994 whereby the City Council discussed in Closed Session the grievance
and arbitration hearing of the United Firefighters of Lodi (UFL) and the performance
evaluations of the City Manager, City Attorney and the City Clerk.
FILE NO. CC -2(t), CC -2(u), CC -6, CC -21(a), CC -21(b) AND CC -34
b) Mayor Sieglock commented that there will be further discussions regarding the budget
later in the meeting.
FILE NO. CC -21(b)
8. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Frank Alegre, 2000 Edgewood Drive, Lodi, again requested that an overview of
Shirtsleeve Sessions be included on the City Council agendas to inform the public of
what transpired at the early morning meetings. Mr. Alegre said that he was in favor of
cutting the budget, starting with excess benefits (holiday leave, sick leave, overtime
carryovers, etc.) which could save the City approximately $900,000. Mr. Alegre informed
the public that the City, at the Shirtsleeve Session of January 11, 1994, talked about the
budget and about raising taxes in the form of a utility tax (tax on gas, electric utilities,
cable and telephone). Mayor Sieglock and City Attorney McNatt discussed reasons why
benefits cannot arbitrarily be cut since they are negotiated items with employee units.
FILE NO. CC -21(b) AND CC -34
b) Stan Mall, President of the United Firefighters of Lodi (UFL), responded briefly about the
negotiated benefits that certain units receive. Further, Mr. Mall thanked Council Member
Davenport for attending the UFL's grievance hearing on January 11, 1994 and invited the
public to attend as well to "see how the firefighters are being treated". Mr. Mall also
suggested ways for the City Council to educate the citizens on where its monies are
being spent, what City funding is available, and where the City is financially.
FILE NO. CC -21(b) AND CC -34
c) Mr. Pennino informed the public of two upcoming workshops that the City Council will
be conducting: (1) January 26, 1993 will be a workshop regarding the business license
fee proposal; and (2) January 31, 1994 will be a workshop regarding Cherokee
Lane/Downtown Revitalization.
FILE NO. CC -6
d) Cy Young, 700 North Church Street, Lodi, commented on the anti -ugly ordinance and
expressed his opinion that he felt the ordinance was not being enforced. There is a
problem with messes in the area of Church Street and Lockeford Street that he has
asked to be looked into several times, and it still has not been taken care of.
City Manager Peterson informed Mr. Young that a part-time Community Improvement
Officer has been hired and began work on the first of January. He will devote his time to
these types of complaints. Mr. Peterson introduced Leland Schmeidt, the newly -
appointed Community Improvement Officer. Mayor Sieglock asked the City Clerk to
forward Mr. Young's complaint, name and address to Mr. Schmeidt so that the problem
area may be addressed.
FILE NO. CC -6, CC -16 AND CC -146
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 Sieglock called for the continued Public
Hearing to consider appeal from Steven J. Cottrell, Attorney, on behalf of Maurice O. Ray
regarding Notice of Public Nuisance and Order to Abate issued by Chief Building
Inspector regarding property located at 1201 North Edgewood Drive, Lodi.
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� ACTION:
Pursuant to the appellant's request, the City Council, on motion of Council Member
Davenport, Sieglock second, unanimously continued the public hearing to the regular City
Council meeting of February 16, 1994.
FILE NO. CC -53(b)
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 Sieglock called for the Public Hearing to
consider appeal received from Kenneth Choo appealing the Park and Recreation
Commission's recommendation to not permit the relocation of the golf driving range to
the DeBenedetti Park as requested.
Hearinq Opened to the Public
1. Bob Mertz, Attorney, on behalf of Kenneth Choo, 111 West Pine Street, Lodi,
presented Mr. Choo's case and reasons for the selection of the DeBenedetti
Park location;
2. James H. Jones, 48 North Allen Drive, Lodi (not in support of the golf driving
range being located at DeBenedetti Park; however, would tolerate it if it were
temporary);
3. Dave Akin, 2350 Rockingham Circle, Lodi, speaking on behalf of the BOBS
organization (not in favor of the DeBenedetti Park location);
4. Robert Medeiros, 1427 Reiman Street, Lodi (in support of the golf driving range
and the location);
5. Barney Filbin, 2396 Central Park Drive, Lodi (in support of the golf driving range
and the location);
6. Elvera Melby, 8 North Sunset Drive, Lodi (in support of the golf driving range and
the location);
7. Frank Alegre, 2000 Edgewood Drive, Lodi (in support of the golf driving range,
but not at that location; also supports competitive bidding process);
8. Doug Hintz, 18632 Ironstone, Woodbridge (supports the golf driving range;
however, not at the DeBenedetti Park location if it means removing oak trees
only for a temporary facility);
9. Max Steinheimer, 1410 Mettler Road, Lodi (supports the golf driving range;
however, not at the DeBenedetti location);
10. Darrell Jack, 531 Charleston Way, Lodi (supports the golf driving range);
11. Gary Lund, P.O. Box 22, Lodi (supports the golf driving range and a 9 -hole golf
course at the DeBenedetti Park location);
12. Tom Hoese, Channel Investments, West Sacramento (interested in submitting a
proposal for a golf driving range at the Pixley Park location, and/or being given
the opportunity to bid against Mr. Choo's proposal); and
13. Ken Choo, 531 East Lockeford Street, Lodi (spoke in support of his golf driving
range operation and his request to relocate at the DeBenedetti Park location).
Public Portion of Hearing Closed
ACTION:
- A motion was made by Council Member Pennino and seconded by Council Member
Snider to look at having a permanent golf driving range at the Pixley Park location, giving
Mr. Choo first opportunity, and if he is not interested, go out for Request For Proposals
(RFPs); however, the motion was withdrawn.
Therefore, the City Council, on motion of Council Member Davenport, Mann second,
remanded the matter back to the Parks and Recreation Commission to discuss (1) does
the City of Lodi want or need a permanent golf driving range, if so; (2) where; (3) who
and how will the project be developed; and (4) what will the bid process be. Further, in
the interim, the appeal was granted on a five-year temporary basis, and staff will work
with Mr. Choo to come up with a mutually agreed-upon lease including language that any
possible litigation will be defended by Mr. Choo, all by the following vote:
Ayes: Council Members - Davenport, Mann and Sieglock (Mayor)
Noes: Council Members - Pennino and Snider
Absent: Council Members - None
FILE NO. CC -2(h), CC -6 AND CC -40
10 RECESS
Mayor Sieglock declared a ten-minute recess and the City Council meeting reconvened at
approximately 10:45 p.m.
11. COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City Attorney, the City's contract administrator, Insurance
Consulting Associates, Inc. (ICA), ;pd/or City staff, the City Council, on motion of Mayor
Sieglock, Mann second, unanimously rejected the following claim and referred it back to
ICA:
Pacific Bell, date of loss 7/7/93
Note: The claim of Martin Gates, date of loss 12/7/93 was continued to the next City
Council agenda due to the possibility of a settlement.
FILE NO. CC -4(c)
b) City Clerk Perrin read the following ABC License:
Patricia A. Grose, Roy's Club, 21 North Sacramento Street, Lodi, On Sale
General Public Premises, Person to Person Transfer.
FILE NO. CC -7(f)
C) The following report was presented to the City Council:
1. Planning Commission report of January 10, 1994.
FILE NO. CC -35(c)
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,,/ � MEETING TO CONTINUE FOLLOWING THE 11 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council, on motion of Council Member Davenport,
Pennino second, determined it would continue with the remainder of the meeting following the
11:00 p.m. hour by the following vote:
Ayes: Council Members - Davenport, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - Snider
Absent: Council Members - None
13. REGULAR CALENDAR
a) The City Council, on motion of Council Member Snider, Mann second, unanimously
adopted Resolution No. 94-10 approving the Parks and Open Space Master Plan with
minor changes to include (1) deletion of the recommendation to request that the San
Joaquin County impose a five mile per hour speed limit on the Mokelumne River for that
portion located within the Lodi area; (2) deletion of the recommendation to create three
divisions of the Parks and Recreation Department; (3) addition to explore the possibility
of a permanent golf driving range/facility in Lodi; and (4) addition of language pertaining
to the recent acquisition of the Roget property for a possible future park site, and further
to exclude Section 5 regarding the Indoor Recreation Center.
Further, the City Council, on motion of Council Member Pennino, Mann second,
approved Section 5 regarding the Indoor Recreation Center by the following vote:
Ayes: Council Members - Davenport, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Snider
Speaking on the matter were the following persons:
1. Virginia Lahr, 311 East Elm, Lodi (supports the approval of the Master Plan);
2. Dennis Caughman, 1914 Columbard Circle, Lodi (supported the Master Plan;
however, requested that language be included that the City does not want to
compete with private businesses in relation to the indoor recreation facility);
3. Rick Castelanelli, 1080 West Hamey Lane, Lodi (addressed the fact that there
may be conflict between private- and public -operated indoor recreation facilities,
but each will provide different activities for people and it should remain in the
plan); and
4. Tom Hoese, West Sacramento, (asked if the Plan can be amended in the future,
or is it carved in stone at the time of adoption).
FILE NO. CC -6, CC -40 AND CC -300
b) Due to the late hour and the fact that this report was scheduled to inform the public of
this new program, the City Council, on motion of Council Member Mann, Snider second,
unanimously continued the report regarding the Adopt -A -Park Program to the next
regularly scheduled City Council meeting under "Presentations".
FILE NO. CC -6 AND CC -40
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C) The City Council, heard a report regarding the Fire Department's plan to eliminate
Battalion Chiefs on shift for the remainder of the 1993-94 budget year and further
confirming that the plan should be implemented effective February 1, 1994.
Speaking on the matter was Frank Alegre, 2000 Edgewood Drive, Lodi. Mr. Alegre
questioned the Fire Chief about overtime carryovers and the payment of these
carryovers.
FILE NO. CC -34
d) Agenda item #J-4 entitled, "Plans and specifications for purchase of transit buses" was
pulled from the agenda pursuant to staffs request.
e) Agenda item #J-5 entitled, "Contract Award for radio equipment maintenance" was pulled
from the agenda pursuant to staffs request.
The City Council, on motion of Council Member Davenport, Snider second, conceptually
authorized the East Side Improvement Committee to proceedwith its request for a
donation/grant toward its lighting project as requested with review and assistance from
the City Attorney. Council Member Pennino questioned City Attorney McNatt regarding
potential liability in the East Side Improvement Committee giving money to citizens and
hiring a contractor, because they are affiliated with the City. The City Attorney
responded that the East Side Improvement Committee is an arm of City government.
The action that the City Council took was to authorize them to go out and solicit
donations for this project. Before any lights are put up, it would be necessary for the
Committee to bring back to the City Council, exact proposals and plans and
specifications, and then the Committee can, based on a number of different criteria,
determine where the lights will go. But it must be done under the City's "umbrella"; they
cannot act independently on this matter. Council Member Davenport also suggested that
the Committee should include a waiver form.
FILE NO. CC -2(s), CC -6 AND CC -45(g)
g) Following a brief discussion regarding the 1993-94 budget review and prospects of the
1994-95 budget, the City Council directed staff to look at ways of cutting extra spending
and ways of saving money in the current budget.
Speaking on the matter was Frank Alegre, 2000 Edgewood Drive, Lodi, Mr. Alegre
requested that the Finance Director prepare a report of the costs associated with carrying
over overtime every year.
CC -21(b)
14. ORDINANCES
None.
15. CLOSED SESSION
The City Council adjourned to a Closed Session to discuss the following matter:
Litigation - Ramirez v. City of Lodi
There was no need for discussion regarding Labor Relations, and the City Council meeting
reconvened at approximately 12:50 a.m.
FILE NO. CC -200(d)
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,16. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 12:50 a.m., Thursday, January 20, 1994.
ATTEST:
e nifer M. n
ity Clerk
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