HomeMy WebLinkAboutMinutes - August 3, 1994CITY COUNCIL
REGULAR CITY COUNCIL MEETING_
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 3, 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, Public Works Director
Ronsko, City Engineer Prima, City Attorney McNatt and City Clerk -Perrin
2. INVOCATION f
4
The invocation was given by Pastor William Crabtree, Emanuel Lutheran Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
a) Mayor Sieglock presented a proclamation to John Wickham proclaiming August 12 - 14,
1994 as "Drama Fest - Summer 1994".
FILE NO. CC -37
b) Mayor Sieglock presented a proclamation to Jerry and Jeanette Neuburger in recognition
of the their new Snap N' See building on Cherokee Lane.
FILE NO. CC -37
CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Snider second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
Further, the City Council, on motion of Council Member Pennino, Snider second, moved the pulled
Consent Calendar items to the end of the agenda for discussion and action by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
a) Claims were approved in the amount of $4,053,586.32.
FILE NO. CC -21(a)
b) The Minutes of July 20, 1994 (Regular Meeting) were approved as written.
.-4G T
f Continued August 3, 1994
C) Agenda item #E-3 entitled, "Plans and specifications and advertisement for bids for
Westgate Park/Basin chain link fence" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
d) Agenda item #E-4 entitled, "Acceptance of improvements under Type II Slurry Seal for
various City streets, 1994, contract" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
e) Agenda item #E-5 entitled, "Purchase of concrete underground utility vaults for Electric
Utility Department" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
f) Adopted Resolution No. 94-86 awarding the bid for the purchase of 2" and 3" electrical
conduit and fittings to the low bidder, Ace Supply Company of Emeryville, in the amount of
$5,415.84.
FILE NO. CC -12(d) AND CC -300
g) Agenda item #E-7 entitled, "Purchase of Police Department issue firearms and related
equipment' was removed from the Consent Calendar and discussed and acted upon at
the end of the agenda. (Removed by Council Member Davenport.)
h) Agenda item #E-8 entitled, "Approval of Request for Proposals (RFP) for Towing
Franchise" was removed from the Consent Calendar and discussed and acted upon at
the end of the agenda. (Removed by Council Member Davenport,)
i) Agenda item #E-9 entitled, "Intention to Vacate Public Utility Easements at 600 and 610
West Lodi Avenue" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
j) Adopted Resolution No. 94-90 approving the class specification for Economic
Development Coordinator.
FILE NO. CC -34 AND CC -300
k) Adopted Resolution No. 94-91 approving the Discrimination Policy and Discrimination
Complaints Procedure.
FILE NO. CC -34 AND CC -300
Approved waiving a requirement of the City Public Improvement Design Standards for
on-site turn-arounds for Lots 1 - 14 and 20 - 24 of Lodi West, Unit No. 1.
FILE NO. CC -6 AND CC -46
m) Directed the Mayor to send a letter of support to the State of California regarding the
construction and implementation of high speed rail service through the San Joaquin
Valley.
FILE NO. CC -6, CC -7(h) AND CC -50(b)
n) Agenda item #E-14 entitled, "Renewal of lease agreement for Annex A, 111 North
Stockton Street" was removed from the Consent Calendar and discussed and acted upon
at the end of the agenda. (Removed by Council Member Davenport.)
o) Agenda item #E-15 entitled, "Approve specifications for five portable trailers (Civic Center
Improvement Project)" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
2
Continued August 3, 1994
6. PUBLIC HEARINGS
None.
•► N Off Kati MAN
a) On recommendation of the City Attorney and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Council
Member Mann, Sieglock second, rejected the following claims and referred them back to
ICA by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Siegiock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
1. Donna Rose, date of loss 411194; and
Samuel A. Sanchez Silva, date of loss 6/26/94.
FILE NO. CC -4(c)
b) City Clerk Perrin read the following ABC Licenses:
1. Jim Murdaca Food Service, Inc., Pietro's of Lodi, 317 East Kettleman Lane, On
Sale Beer and Wine Eating Place, Person to Person Transfer; and
2. John A. and Maureen Roccia, Philly's, 480 South Cherokee Lane, Suite E, On
Sale Beer and Wine Eating Place, Original License.
FILE NO. CC -7(f)
C) The following report was presented to the City Council:
Planning Commission report of July 25, 1994.
City Clerk Perrin informed the City Council that item "a" on the report regarding
the determination that parcels 236-1/2 Cherry Street, 230-1/2 East Lodi Avenue,
6013 East Highway 12 and 1775 South Church Street conformed to the Lodi
General Plan and recommendation that Council take steps to dispose of them will
appear on the City Council agenda of August 17, 1994.
FILE NO. CC -35(c)
d) City Clerk Perrin informed the City Council that her office received notification of
resignation of Paula Soto from the East Side Improvement Committee. Council was not
requested to take action, because the Committee is continuing to downsize from 15 - 9
members through attrition. The Committee now has 11 members.
FILE NO. CC -2(s)
a) Agenda item #H-1 entitled, "Improvement agreement: Minton property" was not ready for
action and was continued pursuant to staffs request.
L' Continued August 3, 1994
b) Following discussion regarding Thurman Street Specific Plan modification, the City
Council, on motion of Council Member Snider, Sieglock second, unanimously approved in
concept the proposed modification of the Thurman Street Specific Plan as recommended
by staff (final action to be approved at a future date), under the condition that the sale of
the land is consummated and the buyer does not want the road built through.
Speaking on the matter was the following person:
Sally Diekman Ryan, 760 Woodstock Lane, Los Altos, was not opposed to the
modification, as long as the property was purchased and the buyer did not want
Thurman Street built through; otherwise, she would not want the Plan amended.
FILE NO. CC -6, CC -45(a) AND CC -45(h)
C) In regards to Mr. John Donati's request to reconsider his appeal to build swimming pool
deck/patio over a Public Utility Easement and to enter into a Hold Harmless Agreement
with the City of Lodi, the City Council was required to first make a motion (from a Council
Member of the prevailing side) to reconsider the matter. Therefore, the City Council, on
motion of Mayor Sieglock, Pennino second, determined it would reconsider the subject
appeal by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Council Member Davenport could not vote on the reconsideration of this matter, because
he was not present at the meeting in which this was voted upon; however, Mr. Davenport
was able to vote on this subject once it was determined the matter would be
reconsidered.
Further, the City Council, on motion of Council Member Davenport, Snider second,
unanimously granted the appeal, finding that denial of the appeal would cause hardship
and damage to the appellant based on his substantial investment in plans already
completed, that there is no other reasonable method to obtain the desired result, and that
the encroachment permit would not be materially detrimental to public interest, health,
safety and welfare, and directed that Mr. Donati enter into a Hold Harmless Agreement
with the City of Lodi. Further, the City Council directed that the subject Lodi Municipal
Code section be reviewed in the near future.
Speaking on the matter was the following person:
John Donati, 1217 Edgewood Drive, Lodi, presented his appeal to the City
Council.
FILE NO. CC -53(b)
d) The City Council, on motion of Council Member Pennino, Snider second, unanimously
adopted Resolution No. 94-92 authorizing the purchase of five mid-size paratransit buses
for the fixed -route system from EI Dorado Bus Sales, Inc. of Foster City, the low bidder, in
an amount not to exceed $269,667.80, which includes the four additional items requested
by staff (overhead handrail, master electrical disconnect, Isringhausen Air Ride driver's
seat and exterior storage box --curb side). Staff is to proceed with the purchase of the
buses with the compressed natural gas (CNG) engine after an investigation by the end of
this week into whether or not a CNG engine would be beneficial in a 12 -passenger bus. If
a CNG engine is not proven to be beneficial in a 12 -passenger bus, staff is to purchase
the buses with unleaded engines (not diesel).
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Continued August 3, 1994
Speaking on the matter was the following person:
1. Frank Alegre, Lodi, expressed support that the City purchase the buses with the
CNG engines.
FILE NO. CC -12(a), CC -50(b) AND CC -300
Mayor Sieglock declared a ten-minute recess and the City Council meeting.. reconvened at
approximately 8:59 p.m.
10. REGULAR CALENDAR (.Continued)
a) The City Council, on motion of Council Member Pennino, Snider second, adopted
Resolution No. 94-89 approving job specifications for the position of Information Systems
Coordinator, assigned a salary of 5% higher than an Engineering Assistant, designated
the Information Systems Coordinator as a mid -management position, and further directed
staff to look into the possibility of creating "layers" of management (i.e. entry level
management, etc.) by the following vote:
Ayes: Council Members - Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport and Mann
Absent: Council Members - None
Speaking in opposition of the matter were the following persons:
1. Karen Tunnell, 531 Palm Avenue, Lodi;
2. Frank Alegre, Lodi;
3. Brian Ochoa, Lodi; and
4. Dennis Cochran, 935 Coloma Street, Lodi.
FILE NO. CC -34 AND CC -300
11. ORDINANCES
a) Ordinance No. 1596 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Chapter 9.08 of the Lodi Municipal Code by Adding a New Section Thereto
Relating to Advertising Matter Distribution - Delivery Methods" having been introduced at
a regular meeting of the Lodi City Council held July 20, 1994 was brought up for passage
on motion of Council Member Snider, Sieglock 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, Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -6 AND CC -149
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i
Continued August 3, 1994
b) Ordinance No. 1598 entitled, "An Ordinance of the City Council of the City of Lodi
Repealing and Reenacting Lodi Municipal Code Section 2.04.070" having been
introduced at a regular meeting of the Lodi City Council held July 20, 1994 was brought
up for passage on motion of Council Member Pennino, Sieglock 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, Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -6, CC -18 AND CC -149
a) Frank Alegre, Lodi, expressed his opposition to the "Comments by the Public" segment
being moved to the end of the agenda. Mr. Alegre also suggested that the City Council
consider beginning its meetings at 6:00 p.m.
FILE NO. CC -16
b) Brian Ochoa, Lodi, expressed his support for the Parks and Recreation Pop Warner
football league for boys and girls ages 8 - 14, and encouraged the citizens and the public
to support the endeavor,
FILE NO. CC -40
13. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport thanked everyone for coming to the meeting and commented
on the following matters: (1) Reminded everyone to be ever mindful of gangs; (2)
Expressed his dissent for moving the public comments to the end of the agenda, because
the public should be first; (3) Requested a status report on the letter that was sent to the
Post Office regarding the possibility of a Town Plaza. Janet Keeter informed the City
Council that staff is currently working with the local level of the Post Office, and it appears
they have given the green light for the idea. Staff will now be working with the upper
levels of the Post Office for its go ahead; (4) Requested an update on the golf driving
range. City Attorney McNatt informed the City Council that Mr. Choo has chosen an
alternate site, and a letter was sent to Mr. Choo's attorney that this matter will appear on
the next City Council agenda that Mr. Choo is no longer interested in the DeBenedetti site;
(5) Sent letter to fellow City Council Members suggesting that the City Council act as the
investigating body in Mr. Pirkig's allegations and wondered what the City Council felt
about that. City Attorney McNatt commented that the matter was referred to the Grand
Jury and recommended that the City Council refrain from discussion of the matter until the
Grand Jury acts. Mayor Sieglock indicated he stands by the Council's direction in
referring the matter to the Grand Jury and directing the City Manager to conduct an
independent investigation; and (6) Commented on the good turn out for National Night
Out on Tuesday, August 2, 1994; however, complained that staff selected a bad night to
conduct the final Cherokee Lane Revitalization workshop which made for poor
attendance. Mr. Davenport further complained that staff conducted its own meetings after
the public left the workshop, and also had another meeting at Gary's Lounge.
FILE NO. CC -6, CC -72 AND CC400
R
Continued August 3, 1994
b) Council Member Pennino responded to Council Member Davenport's comments that
getting together at Gary's Lounge is no different than Council Members meeting with
constituents at Lyon's Restaurant after a meeting.
FILE NO. CC -72 AND CC -400
C) Mayor Sieglock commented that he is glad that the public now has the opportunity to
discuss scheduled items of business on the agenda at an early hour, instead of having to
wait. Mayor Sieglock also feels that starting the meetings earlier would not be right,
because many people commute and wouldn't have the opportunity to attend the meetings
and many people like to rest at home with their families before going to the meetings.
Mayor Sieglock thanked the citizens and the Lodi Police Department for participating in
National Night Out. Mr. Sieglock had the opportunity to go to nine block parties with
Captain Jerry Adams and talk with many of the citizens. There were approximately 83
parties and many had activities and food. Mayor Sieglock commended Community
Service Officer Mary Fuhs for her efforts in this program.
FILE NO. CC -6 AND CC -152
d) Council Member Mann echoed Mayor Sieglock's comments about National Night Out.
Further, Mr. Mann responded to Council Member Davenport's question whether the City
Council wanted to conduct an investigation into Mr. Pirkig's allegations. Mr. Mann feels
the Grand Jury should handle the matter and does not want the Council to participate in
any kind of "kangaroo court". Further, Council Member Mann responded to Mr.
Davenport's comment at the last Council meeting regarding Fred Reid being on the Grand
Jury and that he is "pro -City". Mr. Mann hopes that Mr. Reid is "pro -City" just as every
Council Member should be, and if there is a Council Member who is not "pro -City" he
should resign.
FILE NO. CC -6
e) Council Member Pennino reminded the high school students that Saturday, August 6,
1994 will be Wet N' Wild at Lodi Lake, sponsored by the Youth Commission. The event
will be held from 2 - 8 p.m., and he encouraged students to attend.
FILE NO. CC -2(t)
Mayor Sieglock adjourned the meeting to a Closed Session to discuss the following matters:
a) Labor Relations - Dispatchers, General Services (SJPEA) and Lodi Police Officers'
Association (LPDA) - Negotiator. Assistant City Manager Jerry Glenn
_ ; • •- •,1 • ; • •
The City Council meeting reconvened at approximately 10:22 p.m. Mayor Sieglock disclosed the
following actions:
Labor Relations - Dispatchers General Services (SJPEA) and Lodi Police Officers' Association
(LPDA) - Negotiator. Assistant City Manager Jerry Glenn
No final action was taken on these matters.
FILE NO. CC -200(a)
Continued August 3, 1994
a) The City Council, on motion of Mayor Sieglock, Pennino second, approved the plans and
specifications for Westgate Park/Basin chain link fence and authorized advertising for bids
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(a)
b) The City Council, on motion of Mayor Sieglock, Snider second, unanimously accepted the
improvements for Type II Slurry Seal for various City streets, 1994, and directed the
Public Works Director to file a Notice of Completion with the County Recorder's Office.
FILE NO. CC -90
C) The City Council, on motion of Council Member Sieglock, Snider second, adopted
Resolution No. 94-85 awarding the bid for the purchase of fifteen concrete underground
vaults, complete with lids and extension rings, to the sole bidder, Utility Vault Company of
Pleasanton, California, in the amount of $12,574.43 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(d) AND CC -300
d) The City Council, on motion of Council Member Pennino, Sieglock second, adopted
Resolution No. 94-87 awarding the purchase of 89 40 -caliber semi-automatic pistols to LC
Action Police Supply of San Jose, California, in the amount of $31,646.18, and 89 holsters
to Professional Police Supply Company of Oakland in the amount of $6,448.41 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(d) AND CC -300
e) The City Council, on motion of Mayor Sieglock, Snider second, approved the Request for
Proposals (RFP) for Towing Franchise 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 -12.1(c)
8
Continued August 3, 1994
f) The City Council, on motion of Council Member Mann, Sieglock second, adopted
Resolution of Intention No. 94-88 to abandon three on-site easements at 600 and 610
West Lodi Avenue, referred the matter to the Planning Commission, and set it for public
hearing at the regular Council meeting of September 7, 1994 by the following vote:
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -45(a), CC -52(a) AND CC -300
g) The City Council, on motion of Council Member Mann, Sieglock second, renewed the
lease agreement and addendum to lease agreement for the annex at 111 North Stockton
Street by the following vote: r
Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -40 AND CC -90
h) The City Council, on motion of Council Member Snider, Mann second, approved the
specifications for five portable trailers to be leased for approximately eighteen months as
part of the Civic Center Improvement Project 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(c)
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 10:38 p.m.
ATTEST:
nifer M errin
Clerk
M