HomeMy WebLinkAboutMinutes - July 20, 1994CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 20, 1994
7:00 P.M.
Present: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn, City Engineer Prima, City
Attorney McNatt and City Clerk Perrin
The invocation was given by Dr. Wayne Kildall, Ebenezer Congregational Church.
-L IMIUMCIUMA
The Pledge of Allegiance was led by Mayor Sieglock.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Sieglock presented a proclamation to Police Chief Larry Hansen proclaiming
August 2, 1994 as "National Night Out 1994". Chief Hansen and Community Service
Officer Mary Fuhs provided details to the public regarding the upcoming event and urged
anyone interested to call 333-6787.
FILE NO. CC -37 AND CC -152
b) City Manager Peterson presented the City Council with the A&W Root Beer 75th
Anniversary Lodi Video, which features Lodi as the home of the original A&W Root Beer
stand and presents interviews with Lodi citizens. Mr. Peterson indicated that the video
will be available in the City Manager's office.
a) Frank Alegre, Lodi, commented on agenda item #E-6 entitled "Negotiated salary
increases" and requested an explanation of which employees would be receiving raises.
Mr. Alegre further requested information regarding the total cost of the increase to the
City.
FILE NO. CC -34
b) Brian Ochoa, Lodi, commented on agenda item #E-7 entitled "Approve job specifications
for Information Systems Coordinator" which was pulled from the agenda. Mr. Ochoa
requested clarification on the position and to see the total dollar figure.
FILE NO. CC -34
Continued July 10, 1994
[OW&VIIN�•
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Snider, Pennino second, approved the following items hereinafter set forth by the '
following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Council Member Davenport stated for the record his dissent on Consent Calendar item #E-6
entitled, "Negotiated salary increases" indicating that he was in favor of the negotiated salary
increases for the General Services Unit; however, he was not in favor of the salary increase for
the Risk Management Technician. Further, Mr. Davenport would like to see matters such as this
separated into two distinct items.
a) Claims were approved in the amount of $2,494,452.84.
FILE NO. CC -21(a)
b) The Minutes of July 6, 1994 (Regular Meeting) were approved as written.
C) Approved the final map for Lodi West, Unit No. 2, Tract No. 2658, and directed the City
Manager and City Clerk to execute the Improvement Agreement and map on behalf of the
City.
FILE NO. CC -46 AND CC -90
d) Agenda item #E-4 entitled, "Final map and Improvement Agreement for Johnson Ranch,
Unit No. 3, Tract No. 2587" was removed from the Consent Calendar and discussed and
acted upon following adoption of the Consent Calendar. (Removed by Council Member
Davenport.)
e) Agenda item #E-5 entitled, "Reject all bids and authorize readvertisement for bids for
Emerson Park and Lawrence Park restroom facilities" was removed from the Consent
Calendar and discussed and acted upon following adoption of the Consent Calendar.
(Removed by Council Member Davenport.)
f) Adopted Resolution No. 94-84 adjusting the salaries of employees represented by the
General Services Unit and adjusting the salary of the Risk Management Technician - a
confidential employee.
FILE NO. CC -34 AND CC -300
g) Agenda item #E-7 entitled, "Approve job specifications for Information Systems
Coordinator" was pulled from the agenda pursuant to staffs request.
a) The City Council, on motion of Council Member Davenport, Sieglock second,
unanimously approved the final map for Johnson Ranch, Unit No. 3, Tract No. 2587, and
the payment of Development Impact Mitigation Fees for water, wastewater, street and
storm drain facilities from the escrow established for the acquisition of the subdivision by
the development, as outlined in the Improvement Agreement, and directed the City
Manager and City Clerk to execute the Improvement Agreement and map on behalf of the
City.
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Continued July 20, 1994
Speaking on the matter was the following person:
1) Bob Selder, 1280 Central Avenue, Lodi Homebuilders, answered questions
posed by Council Members.
FILE NO. CC -46 AND CC -90
b) The City Council, on motion of Council Member Davenport, Sieglock second,
unanimously adopted Resolution No. 94-83 rejecting all bids for the Emerson Park and
Lawrence Park restroom facilities project and authorized readvertising for bids.
FILE NO. CC -12(b) AND CC -300
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253 1 WRIM= •► ► Lei ► : 2 1 MURN
a) Council Member Mann presented a report to the City Council and the public regarding the
recent conference he attended for the American Public Power Association (APPA) in
Chicago, IL. This was an extremely important conference due to future changes in
electric utilities, which will greatly affect the City of Lodi since we own and operate our
own utilities. Mr. Mann urged that the City examine its system and make sure it is "lean
and mean" and ready for the future changes.
FILE NO. CC -51(d)
b) Council Member Davenport thanked everyone for attending the meeting and spoke on the
following matters: (1) Reminded everyone to be ever mindful of gangs and that the Gang
Alternative Project (GAP) is doing a good job; (2) Requested an update on the letter that
was directed to the Post Master regarding a Lodi Town Plaza. City Manager Peterson
indicated he would look into the matter and return with a report; (3) Commented that he
missed the last meeting and would like to "dispel the rumors" that he has heard. Mr.
Davenport urged if anyone had questions to give him a call; (4) Asked the City Manager
what the status was on the $350.00 car allowance for certain management and mid -
management employees. Mr. Peterson stated that there were no changes made
regarding car allowance during the recent budget process; (5) Received a letter of protest
and inquiry on the closure of Lodi Lake for the July 4, 1994 Oooh Aaah Festival and
another letter of complaint that citizens could not bring picnic lunches into the park and
the cost of admission and food was too high. Mr. Davenport further commented on the
City Attorney's written response that the matter would not be looked into unless directed
by the City Council, and he, thus, gave his direction for the matter to be researched. City
Attorney McNatt indicated he would look into the matter, (6) Received a letter regarding
too much growth in the City of Lodi and that the growth should be curtailed and the
agricultural base maintained; (7) Received letter of complaint from citizen that the helmet
law is selectively enforced in the City of Lodi ; (8) Questioned if the United Firefighters of
Lodi (UFL) grievance has been fully resolved. City Attorney McNatt responded that the
only unresolved issue was in regards to back salary, which may have been cleared up
that very morning in a telephone call with UFL representative(s). Mr. McNatt indicated
that we should know sometime in the next two to three weeks; and (9) Acknowledged the
recent appointment of Jonathan McGladdery to the Planning Commission at the July 6,
1994 Council meeting.
FILE NO. CC -6, CC -34, CC -40, CC -72 AND CC400
C) Council Member Pennino commented on the last Downtown Revitalization workshop that
was held on July 13, 1994, and stated he was impressed by the community involvement
and input. However, he has a concern about the recommendation of only retail
businesses on the first floor buildings. There are currently business in the downtown area
that do not fit into this recommendation and wondered if something uniform will be done to
reflect the direction the City wants to go in the downtown revitalization efforts. City
Attorney McNatt stated that at this point there is no way of controlling the businesses.
1f�
`' Continued July 10, 1994
Council Member Pennino requested Council concurrence for staff to provide the City
Council with a rate analysis, especially important now with the upcoming changes in
utilities, as Mr. Mann stated earlier.
FILE NO. CC -51(d), CC -72 AND CC -400
d) Assistant City Manager Glenn informed the City Council and the public that on July 27,
1994, there will be two public hearings (one at 3:00 p.m. and the other at 7:00 p.m.) at the
Lodi Public Library to gather public input regarding the fixed -route transit system. Mr.
Glenn encouraged the public to attend and also indicated that Dial -A -Ride will be offering
free transportation to and from the meeting.
FILE NO. CC -50(b)
e) Council Member Davenport commented on Mr. Pennino's earlier statements regarding
the downtown businesses conforming to the revitalization recommendations and stated
that the City has zoning ordinances to address this issue. Mr. Davenport further hoped
that the City does not begin policing businesses in this free enterprise.
FILE NO. CC -72 AND CC400
�•Z•Iutu�►�t1►Y]'��t��I:l�IC�Z• • �
a) Ron Pirkig, Woodbridge, who is employed with the City of Lodi as a tree trimmer,
complained that the City of Lodi is "forcing" a medical disability retirement on him and a
fellow co-worker. City Attorney McNatt interrupted and cautioned the City Council that
this workers compensation case is currently ongoing. Mr. Pirkig continued by making
several allegations against City of Lodi management employees receiving special favors
and equipment for personal use and employees using City vehicles to drive to restaurants
and garage sales. City Attorney McNatt responded that if the allegations were true,
criminal actions could be taken, and further recommended that Mr. Pirkig go directly to the
Grand Jury. Following discussion among the City Council and Mr. Pirkig, the City Council
directed staff to refer the matter to the Grand Jury and that the City Manager conduct an
independent investigation.
FILE NO. CC -6 AND CC -34
b) John Donati, 1217 Edgewood Drive, Lodi, requested that the City Council reconsider the
decision it made at the July 6, 1994 City Council meeting to deny his appeal to build a
swimming pool deck/patio over a Public Utility Easement. Mr. Donati feels that staff
misinformed the City Council, which caused it to make an uninformed decision, and,
therefore, presented a statement (which is on file in the City Clerk's office) clearing up his
concerns. City Attorney McNatt indicated that a motion would be required by the
prevailing side to reconsider the matter. Council Members Pennino and Mann and Mayor
Sieglock (of the prevailing side) indicated they would like to review Mr. Donati's material
before making a decision and assured Mr. Donati they would respond to him within the
next week.
FILE NO. CC -53(b)
C) Dennis Cochran, 935 Coloma Street, Lodi, expressed his dissatisfaction with the City of
Lodi's budget reduction of $10,000 to the Lodi District Chamber of Commerce. Mr.
Cochran feels the Chamber should be receiving more, instead of cutting it and using the
$10,000 to fund an economic development position. Mayor Sieglock stated that he would
have liked Mr. Cochran, who had not attended the budget sessions, to have stated his
opinions and concerns during the budget discussions.
FILE NO. CC -7(k) AND CC -21(b)
4
Continued July 10, 1994
d) Police Chief Larry Hansen announced and introduced Dan Biskup who has been
appointed as the Lodi Police Department Historian. This is a hobby of Mr. Biskup's, and
he will be doing this on a voluntary basis, which will be at no cost to the City. Mr. Biskup
thanked Chief Hansen for his backing and for the opportunity to show the citizens what
the Police Department is all about. To contact Dan Biskup, call his pager number at
469-5423 or call the Police Department at 333-6864.
FILE NO. CC -152
e) Frank Alegre, Lodi, responded to Mr. Pirkig's comments regarding allegations against City
of Lodi employees and indicated he did his own investigation into the tree trimming
program. Mr. Alegre commended Street Superintendent George Bradley for doing a good
job and stated that he feels that the accountability concerns he had may have been
resolved.
FILE NO. CC- (v d GC -34
f) Brian Ochoa, Lodi, commended the Parks and Recreation Department, especially Tom
Alexander, and the Boosters of Boys and Girls Sports Organization (BOBS) for doing an
excellent job of hosting the 11 - 12 year old Central State Bambino Tournament in Lodi.
Mr. Ochoa had the opportunity of being a host family to several boys playing in the
tournament and urged the public to attend the final game on Thursday at 5:00 p.m.
FILE NO. CC -40
g) Eileen St. Yves, 310 South Orange Street, Lodi, invited the City Council to attend the
Orange Grove Apartment's neighborhood watch potluck supper during the National Night
Out event on August 2, 1994 at 6:00 p.m.
FILE NO. CC -152
None.
11. COMMUNICATIONS (CITY CLERK)
a) City Clerk Perrin read the following ABC Licenses:
Evelyn K. and Kenneth J. Schmollinger, Capri Pizzeria, 606 West Lockeford
Street, On Sale Beer and Wine Eating Place; and
2. Jayne Lee and James A. Waters, Freeway Shell, 880 East Victor Road, Off Sale
Beer and Wine, Person to Person Transfer.
FILE NO. CC -7(f)
b) The following report was presented to the City Council:
Planning Commission report of July 11, 1994.
City Clerk Perrin informed the City Council that, pursuant to the Community
Development Director, item "a" on the report regarding the possibility of waiving
the requirement of the City Public Improvement Design Standards for on-site
turn-arounds for Lots 1 through 14 and 20 through 24 of Lodi West Unit No. 1
would be appearing on the Lodi City Council agenda of August 3, 1994.
FILE NO. CC -35(c)
boa
Continued July 20, 1994
12. RECESS
Mayor Sieglock declared a ten-minute recess and the City Council meeting reconvened at
approximately 8:51 p.m.
a) The City Council received a report regarding the Sunwest Plaza and Lodi Town Plaza
Development Impact Mitigation Fees.
Speaking on the matter were the following persons:
Frank Alegre, Lodi, commented that not all of the details were shown in this report
and requested the opportunity to see all of the records;
2. Darryl Browman with Browman Development, Co., the developer for both
projects, stated that both projects were treated fairly and on a level playing field
by City staff and indicated he was willing to meet with anyone who had a concern
regarding the matter; and
3. Brian Ochoa, Lodi, stated he was not making allegations against the City in this
matter; he is only trying to get the right information. Mr. Ochoa questioned the
City Attorney on whether or not the financial records are public record.
Mayor Sieglock closed the public comments; however, Mr. Ochoa indicated he wished to
make further comments regarding this matter. Mr. Davenport called for "point of order",
arguing that the Mayor cannot limit the debate. Following a ruling by the City Attomey,
Council Member Davenport made a motion to let Mr. Ochoa finish with his comments.
The motion died for lack of a second. Further, the City Council, on motion of Council
Member Mann, Sieglock second, voted to limit the debate to what had previously been
said by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -6 AND CC -56
b) Agenda item #J-2 entitled, "Community Improvement Administrative Fee Schedule" was
pulled from the agenda pursuant to staffs request.
C) Council Member Snider abstained from discussion and voting on the matter regarding
Peach Street improvements, Cochran Road to Tokay Street.
Speaking on the matter was the following:
a) Mr. John Keagy, 731 Peach Street, Lodi, expressed opposition to a quick fix and
would rather see a complete job done or nothing at all.
Further, a letter was received from Jerry Manzel, 711 Peach Street, Lodi in opposition to
any improvements on Peach Street.
Foilowing discussion, Mayor Sieglock made a motion, Pennino second, to approve Option
2, which would install street lights, raised curb and shoulder paving on the east side in the
amount of $22,000; however, Mayor Sieglock withdrew his motion.
G
Continued July 20, 1994
Further, the City Council, on motion of Council Member Pennino, Sieglock second, tabled
the matter, deciding it would take no action at this time by the following vote:
Ayes: Council Members - Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Abstain: Council Members - Snider
FILE NO. CC -45(e)
d) Following discussion regarding intersection studies at Elm Street and School Street, Elm
Street and Sacramento Street and Elm Street and Stockton Street, Council Member
Snider made a motion to accept the staff recommendation; however, the motion died for
lack of a second.
Council Member Davenport then made a motion, Pennino second, to authorize the
elimination of 20 feet of parking on the west side of Sacramento Street at Elm and on both
sides of Stockton Street north and south of Elm Street, and further to direct a letter to the
East Side Improvement Committee asking for its endorsement for the removal of
crosswalk on the north leg of the intersection at Elm and Stockton Streets, with direction
to staff to proceed if such is endorsement is received. The motion failed by the following
vote:
Y Ayes: Council Members - Davenport and Pennino
Noes: Council Members - Mann, Snider and Sieglock (Mayor)
Absent: Council Members - None
Therefore, these areas will remain as status quo.
FILE NO. CC -48(a)
e) Following discussion regarding ordinance adding Chapter 9.30 to the Lodi Municipal Code
relating to shopping cart removal, the City Council, on motion of Mayor Sieglock,
Davenport second, determined it would not introduce an ordinance of this nature at this
time; however, it would instead use the Lodi Police Department Partners Program to
contact and inform local stores of abandoned shopping carts that are found throughout
the City, requesting they be picked up, and further that letters be sent to the local stores
informing them of this action by the following vote:
Ayes: Council Members - Davenport, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Mann
Absent: Council Members - None
FILE NO. CC -6
f) The City Council, on motion of Council Member Pennino, Mann second, unanimously
introduced Ordinance No. 1598 amending Chapter 9.08 of the Lodi Municipal Code by
adding Section 9.08.015, relating to advertising matter distribution.
FILE NO. CC -6 AND CC -149
g) The City Council, on motion of Council Member Davenport, Pennino second, unanimously
introduced Ordinance No. 1599 amending Lodi Municipal Code Section 2.04.070
establishing the time for election of a Mayor in non -general election years.
FILE NO. CC -6, CC -18 AND CC -149
7
I�QW__
% Continued July 20, 1994
14. MEETING OF THE LODI INDUSTRIAL DEVELOPMENT ( ) CANCELLED
Agenda item #K-1 entitled, "Lodi Industrial Development Authority - Inducement resolution for
Industrial Development Bond Financing" was unanimously pulled from the agenda on motion of
Mayor Sieglock, Pennino second. This matter will come back on the next agenda.
15. ORDINANCES
None.
16. CLOSED SESSION
Mayor Sieglock adjourned the meeting to a Closed Session to discuss the following matter:
a) Labor Relations - Maintenance & Operators (M&O) and Dispatchers - Negotiator.
Assistant City Manager Jerry Glenn
17. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 10:59 p.m. and the following actions were
disclosed:
a) Labor Relations - Maintenance & Opgrators (M&O) and Dispatchers - Negotiator.
Assistant City Manager Jerry Glenn
No final action; therefore, nothing to report.
FILE NO. CC -200(a)
18. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 10:59 p.m.
ATTEST:
JeM. P tin
C
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