HomeMy WebLinkAboutMinutes - June 22, 1994��s
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 6, 1994
7:00 P.M.
ROLL CALL
Present: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Absent: Council Members - Davenport
Also Present: City Manager Peterson, Assistant City Manager Glenn, Public Works Director
Ronsko, City Attorney McNatt and Deputy City Clerk Taylor
2. INVOCATION
The invocation was given by Pastor Michael Reed, Lodi Avenue Baptist Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Police Chief Hansen presented a report on the Romanek kidnapping and thanked City
staff members, citizens, community businesses, outside agencies and citizens of the
surrounding area for their volunteerism and support in bringing Katie safely home. The
kidnapper is currently in custody.
FILE NO. CC -152
b) Mayor Sieglock presented Parks and Recreation Commissioner Casalegno with a
proclamation proclaiming the month of July as "Parks and Recreation Month". Mr.
Casalegno urged anyone interested in sports and leisure activities to contact the Parks
and Recreation Department at 333-6742.
FILE NO. Ccp37
C) John Young, President of the Lodi Sunrise Lions Club, presented a check in the amount
of $300.00 to Mike Johnson of the Lodi Crushers Boys Under 14 Soccer Team who is
trying to raise funds for one team to participate in the Triple Crown Tournament in Denver,
Colorado_ Mr. Johnson indicated the group still needs $2,000 to reach its goal. Anyone
interested was urged to call 334-1877.
d) Public Works Director Ronsko introduced Mr. Lloyd G. Turner, Traffic Safety Consultant,
and Mr. William Marconi, P.E., Traffic Engineering Consultant, who presented a report of
the Traffic Safety Evaluation prepared by the Institute of Transportation Studies (ITS) at
the University of California.
FILE NO. CC -48(a)
5. COMMENTS BY PUBLIC ON CONSENT CALENDAR ITEMS
a) Frank Alegre, 2000 Edgewood Drive, Lodi, commented on agenda item #E-10 entitled,
"Acceptance of improvements in Lodi Town Plaza (Target), 2355 West Kettleman Lane".
Mr. Alegre questioned why Target was charged more than Walmart for locating in Lodi.
Staff explained that the traffic impact fee structure rates rose between the two projects,
and Target was well aware of the increase.
Continued July 6, 1994
Mr. Alegre further asked for clarification on agenda item #E-14 entitled, "Contract award
for purchase of radio equipment for Narcotics/Gang Unit and SWAT Team" regarding
other bids received.
FILE NO. CC -16
b) Virginia Snyder, East Side Improvement Committee, commented on agenda item #E-15
entitled, "Contract for technical assistance for design of Street Light Installation Projects
(Cherokee Lane and Arterial/Collector Streets)", and inquired as to where the street light
installations would take place.
FILE NO. CC -2(s)
In accordance with report and recommendation of the City Manager, Council, on motion of Mayor
Sieglock, Pennino second, unanimously approved the following items hereinafter set forth:
a) Claims were approved in the amount of $4,882,768.50.
FILE NO. CC -21(a)
b) The Minutes of June 8, 1994 (Joint Meeting with the Planning Commission), June 15,
1994 (Regular Meeting) and June 22, 1994 (Special Meeting) were approved as written.
C) Approved the plans and specifications for Lodi Avenue wastewater pipe replacement, 200
feet east of Crescent Avenue to Hutchins Street and authorized advertising for bids.
FILE NO. CC -12.1(a)
d) Approved the plans and specifications for Washington School playground equipment, 831
West Lockeford Street and authorized advertising for bids.
FILE NO. CC -12.1(b)
e) Approved the specifications for five three-phase 75KVA padmount transformers and
authorized advertising for bids.
FILE NO. CC -12.1(b)
f) Approved specifications for purchase of fifteen concrete underground vaults, complete
with lids and extension rings, for installation at various locations within the City and
authorized advertising for bids.
FILE NO. CC -12.1(b)
g) Approved the specifications for purchase of 2" and 3" underground electrical conduit and
associated fittings for use in various new installations within the City and authorized
advertising for bids.
FILE NO. CC -12.1(b)
h) Agenda item #E-8 entitled, "Specifications and advertisement for bids for weapons for the
Police Department" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed at the request of Council Member Mann).
Accepted the improvements under the "Westgate Park Interior Storm Drainage" contract
and directed the Public Works Director to file a Notice of Completion with the County
Recorder's Office.
FILE NO. CC -90
2
Continued July 6, 1994
j) Adopted Resolution No. 94-79 accepting the development improvements for Lodi Town
Plaza (Target), 2355 West Kettleman lane, and approved appropriations and payment of
all reimbursements shown on the fee credit worksheet (on file in the City Clerk's Office).
FILE NO. CC46, CC -90, AND CC -300
k) Approved the final map for Towne Ranch, Unit No. 3, Tract No. 2631, and directed the
City Manager and City Clerk to execute the Improvement Agreement and map on behalf
of the City.
FILE NO. CC46
1) Agenda item #E-12 entitled, "Final map and Improvement Agreement for Lodi West, Unit
No. 2, Tract No. 2658" was pulled from the agenda pursuant to staffs request.
m) Adopted Resolution No. 94-60 awarding the contract for Holly Drive storm drain and water
main, Ham Lane to 150 feet east of Fairmont Avenue to Robert Burns Construction of
Stockton in the amount of $82,552.
FILE NO. CC -12(c) AND CC -300
n) Adopted Resolution No. 94-81 awarding the purchase of 16 Motorola Saber -1 radios with
batteries, microphones and chargers to the low bidder, Lagorio Communications of
Manteca, in the amount of $46,320.90, and authorized the transfer of an additional $2,035
from the Asset Seizure Account to complete this purchase.
FILE NO. CC -12(d) AND CC -300
o) Approved the hiring of a contract employee for the design of the two federally -funded
street light projects, "Cherokee Lane" and "Various Arterials and Collector Streets"
FILE NO. CC -34, CC -45(a) AND CC -45(g)
P) Authorized the City to join Amicus Curiae brief (Tobe. et al. v. City of Santa Ana) which
relates to cities authority to regulate camping by the homeless on public property.
FILE NO. CC -4(f)
q) Agenda item #E-17 entitled, "'No Parking' zones on Cherokee Lane south of Pioneer
Drive" was removed from the Consent Calendar and discussed and acted upon at the end
of the agenda. (Removed by Council Member Pennino.)
r) Received report pursuant to Lodi Municipal Code Section 2.12.120 regarding the sale of
sewer inspection van, mounted with a sewer inspection television and recording system,
to the Humboldt Community Services District in Eureka, California, in the amount or
$9,500.00.
FILE NO. CC -20 AND CC -47
S) Received report regarding the installation of bus stop on Walnut Street east of School
Street.
FILE NO. CC -48(a)
Agenda item #E-20 entitled, "Joint City of Lodi and Chamber of Commerce Economic
Development Task Force membership amended" was removed from the Consent
Calendar and discussed and acted upon at the end of the agenda. (Removed by Council
Member Pennino.) _
U) Agenda item #E-21 entitled, "Community Improvement Administrative Fee Schedule" was
pulled from the agenda pursuant to staffs request.
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1VContinued July 6, 1994
a) Mayor Sieglock welcomed all in attendance at the meeting and commented on the
following: (1) reminded the public that Downtown Revitalization Workshop #4 will be held
at Lodi Grape Festival's Jackson Hall on Wednesday, July 13, 1994, 7:00 p.m. to 10:00
p.m., and that this is the final scheduled workshop; (2) he attended Sunday's function
sponsored by the East Side Improvement Committee and commended this group for its
continuing efforts; (3) Lodi Arts Commission recently presented a Celebrate America
event, which he attended and very much enjoyed; (4) concurs with the Planning
Commission's recommendation that the San Joaquin County Planning Commission
conditionally approve the request of Carl Fink on behalf of Kenneth Choo for a Use Permit
to establish a golf driving range with a pro shop at 13333 North West Lane; and (5)
announced that the Lodi Chamber of Commerce is conducting their annual membership
drive through August 11, 1994 and encouraged those interested in becoming a member
of this great organization to contact the Chamber of Commerce.
FILE NO. CC -2(g), CC -2(k), CC -2(s), CC -7(k), CC -72 AND CC -400
b) Council Member Pennino attended the Fourth of July activities at Lodi Lake, and
commended all those involved in the Kiwanis Club breakfast and the Ooh Ahh Festival,
both of which were enjoyable and appeared successful. The music and fireworks,
especially the finale, were spectacular and he commended the Parks and Recreation
Department and Ooh Ahh Festival Committee for their efforts.
Mayor Sieglock agreed with Council Member Pennino's comments, and further added that
he requested statistics from the Police Department regarding reports of crime and
violence in and around the lake during the Fourth of July. In 1993 there were 10 arrests
in the Lodi Lake area, this year there were 2 arrests, a significant decrease.
FILE NO. CC -40
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Barbara Kennedy, 835 West Harney Lane, Lodi, read a letter she recently provided to the
Council regarding her concerns and disappointment with the structure of the Babe Ruth
League by the Parks and Recreation Department. She also provided Council with a list of
44 signatures of citizens who concur with this problem and her concerns.
FILE NO. CC -16 AND CC -40
b) Marlon Shropshire, Lodi, concurred with the comments of Ms. Kennedy and requested
that the City Council review this problem.
Council Member Pennino suggested that while Council is in review of this matter, Mrs.
Kennedy and Mr. Shropshire contact the Parks and Recreation Commission and Parks
and Recreation Department directly regarding their concerns.
FILE NO. CC -16 AND CC -40
C) Brian Ochoa, coach of one of the teams, commented that Parks and Recreation got a late
start and almost had to cancel the league, and that this occurred through no fault of
anyone. Further Mr. Ochoa commented that this project could use some attention from
BOBS and the Parks and Recreation Commission, as it needs more time and planning to
be successful.
FILE NO. CC -40
4
Continued July 6, 1994
d) Virginia Lahr, 311 East Elm Street, Lodi, commented on the tragedy of what happened to
Katie Romanek, how lucky this community is that this time there was a happy ending, and
her concern that Sacramento Street and Hale Park being in such close proximity only
worries her all the more these days as the drunks and derelicts from Sacramento Street
wander down to the park. Mrs. Lahr further commented that Lodi is not safe, she wished
she could take children of today back to a time when it was safe to play outside,
commented on the recent homicide on Sacramento Street, and that we need to make this
community safe again for children and the elderly and protect their rights, because Lodi is
not safe.
Council Member Mann commented that he believes Lodi is safe now, and is safer than
most cities, with marked improvement having been made in recent years. He further
commented that the people from Sacramento Street that Mrs. Lahr referred to also have
constitution rights which impair the Police Department from taking action unless a law has
been broken, and that citizens and groups like the East Side Improvement Committee are
making a positive difference, and that Lodi is a safe place to live.
FILE NO. CC -2(s) AND CC -16
e) Eileen St. Yves, 310 S. Orange, Lodi, commented on the poor decision made in fencing in
Lodi Lake all weekend from its citizens for a one -day festival which allowed no food or
drink to be brought in, and required a fee for entry. Ms. St. Yves further commented that
we fill our children with warnings regarding the dangers of alcohol consumption, and then
we see a giant "Bud Man", as well known as "Joe the Camel", displayed at the Lake
entrance to be seen from blocks in any direction, sending a very mixed message. Also
questioned where total collected funds would be spent.
FILE NO. CC -16 AND CC -40
f) Frank Alegre, 2000 Edgewood Drive, Lodi, requested clarification regarding the Library
budget. It was suggested that Mr. Alegre contact Finance Director Flynn regarding this
inquiry. Further, Mr. Alegre voiced concern over the layoffs of full time employees at a
time when part time employment is being approved for economic development.
FILE NO. CC -21(b)
g) Leona Miller, 513 East Tokay Street, Lodi, requested a meeting with the Mayor regarding
a neighborhood dispute and possible City Code violation. Mayor Sieglock advised Mrs.
Miller she will be contacted shortly for a meeting regarding this matter.
FILE NO. CC -16
9. RECESS
Mayor Sieglock declared a ten-minute recess and the City Council meeting reconvened at
approximately 9:24 p.m.
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 Public Hearing to
consider appeal of John Donati, 1217 Edgewood Drive, Lodi, requesting to build a _
swimming pool deck/patio over a Public Utility Easement and to enter into a Hold
Harmless Agreement with the City of Lodi.
/`90
`/ Conlinued July 6, 1994
John Donati, 1217 Edgewood Drive, Lodi, spoke on behalf of his appeal. _
ACTION:
Council Member Snider made a motion, Mann second, to grant the subject appeal with
special provisions of a Hold Harmless Agreement for special expenses incurred due to
Mr. Donati's structure be the responsibility of Mr. Donati; however, the motion was not
voted on.
Further, the City Council, on motion of Mayor Sieglock, Mann second, denied the appeal
of John Donati requesting to build a swimming pool deck/patio over a Public Utility
Easement due to the fact that there was no finding of a hardship by the following vote:
Ayes: Council Members - Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - Snider
Absent: Council Members - Davenport
FILE NO. CC -53(b)
11. 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 Snider,
Pennino second, unanimously rejected the following claims and referred them back to
ICA:
1. Viola Bright, date of loss 4/28/94
2. Tom Hale, date of loss 2/4194
3. Randolph G. Kranich, date of loss 12/28/89
4. David Merin, date of loss 10/29/93
FILE NO. CC -4(c)
b) The following reports were presented to the City Council:
Planning Commission reports of June 13, 1994 and June 27, 1994
FILE NO. CC -35(c)
Report by Jeff Glenn of the Youth Commission and its goal to create awareness
of activities available and support such activities for the youth within this
community. Its upcoming scheduled events include: Commonwealth Club,
developing Lodi Jr. Leadership Program, support of Boys and Girls Club
activities and regular publication of an information sheet advising youth of the _
many available activities within the community. Mr. Glenn further informed the
public of the Wet n' Wild event at the Lodi Lake beach area on August 6, 1994
from 2:00 p.m. through 8:00 p.m.
FILE NO. CC -2(4)
R
Continued July 6, 1444
c) The City Council, on motion of Council Member Mann, Pennino second, unanimously
made the following reappointments/appointments to various boards and commissions:
Rita Devencenzi term to expire June 30, 1997
David Duncan term to expire June 30, 1997
Mario Kerner
term to expire July 1, 1997
Susan Maley
term to expire July 1, 1997
Rexford Reynolds
term to expire July 1, 1997
Melinda Sparks
term to expire July 1, 1997
Lodi Planning Commission
Jonathan McGladdery
term to expire June 30, 1998
San Joaquin County Commission
on Aging
Dorance Ochs
term to expire June 30, 1997
FILE NO. CC -2(a), CC -2(d), CC -2(g) AND CC -2(k)
d) The City Council, on motion of Council Member Snider, Pennino second, unanimously
directed the City Clerk to post for the following vacancy:
San Joaquin County Emergency Food and Shelter Board
Robert F. Hunnell unspecified term
FILE NO. CC -2(a)
e) Report by Del J. Heintz, General Manager, King Videocable Company, regarding changes
in cable television rates and program services.
FILE NO. CC -6
W: 0
a) Following discussion regarding Thurman Street and sewer hook-up fee economic
development incentives, the City Council, on motion of Council Member Mann, Sieglock
second, unanimously approved the Thurman Street improvements and sewer hook-up fee
economic development incentives as described in the staff report, including conditions of
repayment and performance objectives with exception of improvements serving the
undeveloped eastern portion of the Minton property and stipulation that the agreement is
non -transferable. The City Attorney was directed to prepare an agreement and the City
Manager was directed to negotiate with the company recognizing that some costs for the _
undeveloped property may need to be fronted by the City and that an agreement would
be brought back to the City Council for approval.
FILE NO. CC -6, CC -45(a) AND CC -400
\;Continued July 6, 1994
b) Following discussion regarding protest of issuance of liquor license at 117 North
Sacramento Street, the City Council, on motion of Council Member Snider, Sieglock
second, unanimously determined it would allow a conditional use license with the
following three stipulations:
• Beer and Wine with meals only;
• Establishment hours restriction; and
• On-site security guard.
Speaking in opposition to the protest of the issuance of a liquor license at 117 North
Sacramento Street were the following persons:
1. Mike Smith, Project Engineer, on behalf of Ramon Guerrero, owner of EI Grullense,
117 North Sacramento Street;
2. Angelo Fanos, Building Contractor, on behalf of Ramon Guerrero; and
3. Kip Gillam, 903 South Central Avenue, Lodi;
4. Virginia Snyder, East Side Improvement Committee; and
5. Virginia Lahr, 311 East Elm Street, Lodi.
FILE NO. CC -6 AND CC -72
13. VOTE TO CONTINUE WITH THE MEETING FOLLOWING 11 P.M. HOUR
The City Council, on motion of Mayor Sieglock, Pennino second, unanimously voted to continue
with the remainder of the meeting following the 11:00 p.m. hour.
14. RECESS
Mayor Sieglock declared a five-minute recess and the City Council meeting reconvened at
approximately 11:32 p.m.
.ice w ►hili •t 1 .-�
a) Agenda item #J-3 entitled, "Ordinance adding Chapter 9.30 to the Lodi Municipal Code
relating to shopping cart removal" was continued to the July 20, 1994 City Council
meeting to allow time for the local grocers to be notified of this proposed ordinance.
b) The City Council, on motion of Council Member Pennino, Sieglock second, adopted
urgency ordinance No. 1597 regulating nude, semi-nude and topless outcall
entertainment by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -6, CC -69 AND CC -149
8
Continued July 6, 1994
16. ORDINANCES
a) Ordinance No. 1595 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Chapter 5.40 Defining Adult Businesses" having been
introduced at a regular meeting of the Lodi City Council held June 15, 1994 was brought
up for passage on motion of Mayor Sieglock, Mann 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, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport
FILE NO. CC -6 AND CC -149
•0, • u • -••U,71sN;
a) The City Council, on motion of Council Member Mann, Pennino second, unanimously
amended the previously authorized specifications for 89 semi-automatic pistols, and 89
holsters for issue to Police Officers and administrative personnel and authorized
advertising of bids. (Mr. Alegre, who requested this item be pulled, left the meeting prior
to discussion.)
FILE NO. CC -12.1(b)
b) The City Council, on motion of Council Member Pennino, Snider second, unanimously
adopted Resolution No. 94-82 approving the installation of "no parking" zones adjacent to
a private driveway located on the west side of Cherokee Lane south of Pioneer Drive.
Speaking in support of the matter was Gary Grace, Pastor at Calvalry Chapel, 651 "A"
Cherokee Lane, Lodi.
FILE NO. CC48(e) AND CC -300
C) The City Council, following discussion regarding the removal of the Mayor and Mayor Pro
Tempore from the Joint City of Lodi and Chamber of Commerce Economic Development
Task Force, instructed staff to review the matter to assure the City of Lodi and its interests
are represented at future task force meetings.
FILE NO. CC -2(a) AND CC -7(k)
Mayor Sieglock adjourned the meeting to a Closed Session to discuss the following matters:
a) Pending Litigation - City of Lodi v. Preszler
b) Potential Litigation - David Merin
C) Labor Relations - Maintenance & Operators (M&O) and Dispatchers - Negotiator.
Assistant City Manager Glenn
6
Continued July 6, 1994
19. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 12:13 a.m. The following actions were
taken.
a)
Staff was directed to proceed in the case of City of Lodi v. Preszler.
b) Potential Litigation - David Merin
Staff was given direction to proceed in this matter
C) Labor Relations - Maintenance & Operators (M&O) and Dispatchers - Negotiator
Assistant QRy Manager Jeny Glenn
No final action was taken in this matter.
FILE NO. CC -200(a) AND CC -200(d)
20. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 12:14 a.m., Thursday, July 7, 1994.
ATTEST:
acq line L. Tay r
epu City Clerk
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