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HomeMy WebLinkAboutMinutes - September 14, 1994CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, SEPTEMBER 7, 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 Attorney McNatt and City Clerk Perrin INVOCATION The invocation was given by Pastor Dave Mitchell, First Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Sieglock. AWARDS / PROCLAMATIONS / PRESENTATIONS a) Mayor Sieglock presented a proclamation to Susan Nejedly proclaiming October 3 - 7, 1994 as "California Rideshare Week '94". Ms. Nejedly invited the City Council to attend a luncheon on September 14, 1994 from 11:30 a.m. - 2:30 p.m. at Stouffer Park in Ripon to kick off the program. FILE NO. CC -37 b) Police Chief Hansen and Community Service Officer Biskup presented the Lodi Police Department's participation in the Kid Care ID Program, which will be held September 26 - 29, 1994, 5:00 p.m. - 9:00 p.m. The program is being sponsored by the Save the Children Foundation and local McDonalds restaurants, and the service is free of charge. Chief Hansen also informed the public that Kiwanis will have a booth set up at the end of the Kiddie Parade in the Bank of Stockton parking lot on September 17, 1994 promoting the Child Safety Information Pack. FILE NO. CC -152 CONSENT CALENDAR Following presentation of the Consent Calendar by the City Manager, Council Member Mann made a motion, Pennino second, to approve the Consent Calendar as recommended by the City Manager. Another motion was put on the floor to approve the remainder of the Consent Calendar items (as shown below) and to move the matters to the end of the agenda. Following discussion, Council Member Pennino withdrew his motion and his second to Council Member Mann's original motion. Continued September 7, 1994 Therefore, In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Pennino, Sieglock second, approved the following items hereinafter set forth except those otherwise noted and moved the items that were removed from the Consent Calendar to the end of the agenda by the following vote: Ayes: Council Members - Pennino, Snider and Sieglock (Mayor) Noes: Council Members - Davenport and Mann Absent: Council Members - None Council Member Davenport, following the vote, called for "orders of the day". a) Claims were approved in the amount of $4,329,297.03. FILE NO. CC -21(a) b) The Minutes of August 16, 1994 (Special Meeting) and August 17, 1994 (Regular Meeting) were approved as written. C) Approved the specifications and authorized advertisement for bids for the purchase of 384 electric watthour meters. FILE NO. CC -12.1(b) d) Agenda item #E-4 entitled, "Specifications and advertisement for bids for high-speed rotary -type mower" 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, "Specifications and advertisement for bids for photocopier for Municipal Service Center (MSC)" 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. 94-98 awarding the purchase of five 75KVA padmount transformers to the bidder whose proposal and equipment met City of Lodi specifications, and whose transformers yielded the lowest overall lifecycle cost, Pauwels Transformers of Washington, Missouri, in the amount of $15,322.05. FILE NO. CC -20, CC -47 AND CC -300 g) Agenda item #E-7 entitled, "Upgrade of Police Department computer system" 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, "Contract award for treated wastewater pump and motor, White Slough Water Pollution Control Facility Equalization Pond, 12751 North Thornton Road" 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, "Contract award 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.) j) Agenda item #E-10 entitled, "Modification of White Slough lease agreement with Bechthold-Kirschenman Farms" was removed from the Consent Calendar and discussed and acted upon at the end of the agenda. (Removed by Council Member Davenport.) k) Agenda item #E-11 entitled, "Approve contract with Lodi Memorial Hospital for Community Wellness/Exercise Programs" was removed from the Consent Calendar and discussed and acted upon at the end of the agenda. (Removed by Council Member Davenport.) 2 /�/ �/ Continued September 7, 1994 I) Adopted Resolution No. 94-101 expressing opposition to Proposition No. 188 regarding State smoking regulations. FILE NO. CC -6, CC -24(b) AND CC -300 m) Agenda item #E-13 entitled, "1994/95 tax rate for bond interest and redemption" was removed from the Consent Calendar and discussed and acted upon at the end of the agenda. (Removed by Council Member Davenport.) n) Agenda item #E-14 entitled, "1994195 Appropriation Spending Limit" 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, "Request for proposal for Civic Center dataltelecommunication cabling" was pulled from the agenda pursuant to staffs request. 6. PUBLIC BLIC 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 Public Hearing to consider Resolution/Order to Vacate three on-site Public Utility Easements at 600 and 610 West Lodi Avenue. Hearing Opened to the Public Dick Slocum, Slocum Construction which is working with Lucky Stores to vacate the easements, spoke in favor of the matter. ACTION: The City Council, on motion of Council Member Mann, Sieglock second, unanimously adopted Resolution/Order No. 94-103 vacating three on-site Public Utility Easements at 600 and 610 West Lodi Avenue. FILE NO. CC45(a), CC -52(a) AND CC -300 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 Pennino, Sieglock second, unanimously rejected the following claims and referred them back to ICA: 1. CNA Construction, date of loss 4/29/94; 2. Scott and Doris Matthews, date of loss 8/18/94; 3. Donald McKenzie, date of loss 5/7/94; and 4. Pacific Bell, date of loss 4/20/94. FILE NO. CC -4(c) Continued September 7, 1994 b) City Clerk Perrin read the following ABC Licenses: 1. Jim Murdaca Food Service, Inc., Pietro's of Lodi, 317 East Kettleman Lane, Amended On Sale Beer and Wine Eating Place, Person to Person Self Incorporated; and 2. Ruchiporn and Surasak Kliengklom, A Taste of Thai, 116 A West Turner Road, 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 August 22, 1994 FILE NO. CC -35(c) d) The City Council, on motion of Council Member Snider, Mann second, unanimously directed the City Clerk to post for the following vacancies: Parks and Recreation Commission Bob Casalegno term to expire December 31, 1994 Lodi Ants Commission D. Juan Gonzales term to expire July 1, 1996 FILE NO. CC -2(h) AND CC -2(k) e) The City Council, on motion of Mayor Sieglock, Pennino second, unanimously made the following appointment: San Joaquin County Emergency Food and Shelter Board Fred Reid FILE NO. CC -2(a) f:4 1L►G1<�LL a) Following request by Virginia Snyder of the East Side Improvement Committee to initiate a Carrier Alert Program in conjunction with the Post Office, the City Council, on motion of Mayor Sieglock, Pennino second, unanimously granted consent to implement the program for a six-month trial period. FILE NO. CC -2(s) b) (Agenda item #H-2 entitled, "Transit system update" was heard out of order due to the fact that the consultant had not yet arrived.) Following request from Mohebull Ahmadi to operate a hot dog cart on the sidewalk fronting 225 West Elm Street, the City Council, on motion of Mayor Sieglock, Davenport second, unanimously granted the request, and further included that in case the permit is revoked by the City, the matter would be appealable to the City Council. FILE NO. CC -6 AND CC -400 4 Continued September 7, 1994 C) The City Council, on motion of Council Member Mann, Sieglock second, unanimously authorized the hiring of two temporary contract Lineman/Linewoman in the Electric Utility Department, and further to look into the possibility of = including health benefits in the contract. FILE NO. CC -34 d) Assistant City Manager Glenn and Jim Brown with James E. Brown and Associates presented an update regarding the transit system. The public was also invited to attend the two transit workshops scheduled to be held in the Carnegie Forum at 3:30 p.m. and at 7:00 p.m. on Thursday, September 8, 1994. Speaking on the matter were the following persons: John Young, Lodi, asked questions regarding the proposed route system; John Kraai, Lodi, questioned whether this route is set in concrete, can it be changed in the future, and how would a person go about requesting or recommending changes; and 3. Eileen St. Yves, 310 South Orange Avenue, Lodi, spoke in support of the system and urged that it start out small and grow with the needs of the City. FILE NO. CC -6 AND CC -50(b) Mayor Sieglock declared a ten-minute recess and the City Council meeting reconvened at approximately 9:13 p.m. a) The City Council, on motion of Mayor Sieglock, Mann second, unanimously adopted Resolution No. 94-104 awarding the purchase of two mid-size para -transit buses for Dial -A -Ride from California Bus Sales, Inc. of Fresno, the low bidder, in the amount of $91,850.57 (which includes Vortec automatic fast idle and air conditioning dual compressor). FILE NO. CC -12(a), CC -50(b) AND CC -300 b) Agenda item #H-6 entitled, "Consider approving Memorandum of Understanding for San Joaquin County Multi -Species Habitat and Open Space Plan" was pulled from the agenda. This matter will be discussed at a future Shirtsleeve Session. Mayor Sieglock requested that the City Attorney review this document prior to discussion on this matter. FILE NO. CC -7(n) C) Agenda item #H-7 entitled, "Discuss third party administration for workers compensation" was not ready for action and was removed from the agenda. Assistant City Manager Glenn informed the City Council that he has learned that the current firm with which the City is contracting will not be asking for an increase; however, he would still like to explore further options. FILE NO. CC -21.1(b) 5 Continued September 7, 1994 d) The City Council, on motion of Council Member Mann, Sieglock second, unanimously authorized a $4,500 increase in the amount of funds allocated in the 1994/95 budget, to purchase a new undercover van which will be used as a multi-purpose vehicle in the Police Investigations Unit and directed the Police Department in the method of purchase. FILE NO. CC -20 AND CC -47 e) The City Council, on motion of Council Member Snider, Sieglock second, determined it would cancel the City Council meeting of September 21, 1994 due to the annual conference of the Northern California Power Agency (NCPA) 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 -70) 11. ORDINANCES None. •uii ► ._Fall-ilrele-Riael.: 4►9 u a) Brian Ochoa, Lodi, submitted a petition to the City Clerk opposing any change to the Post Office parking lot into a Town Plaza. Mr. Ochoa indicated that the petition did not mean that the signers were opposed to revitalization; however, they are opposed to losing the parking lot and would like to see other alternatives explored. Council Member Mann questioned whether Mr. Ochoa and those who signed the petition were familiar with the plan and if they had received all of the information prior to signing the petition. Mr. Ochoa indicated he had attended one revitalization workshop out of the six and did not believe that a plan actually existed in regards to the parking lot. FILE NO. CC -16, CC -72 AND CC -400 b) John Kraai, Lodi, expressed his opposition to the Town Plaza, as well, and stated that he has seen the drawings and "they're hiding the parking". Mr. Kraai helped gather signatures for this petition and indicated that nine out of ten people did not want the Post Office parking lot removed. The City Clerk was directed to send a copy of the plan to Mr. Kraai. FILE NO. CC -16, CC -72 AND CC -400 C) Barbara McWilliams, Poser's, Lodi, informed the public that the Lodi Downtown Business Association (LDBA) is in the process of getting ready for the Grape Festival Kiddie Parade on Saturday, September 17, 1994. The parade will start at School and Locust streets and end in the Bank of Stockton parking lot. There will be refreshments for the kids and Kiwanis will also be present promoting a child safety program. The Lodi Sunrise Rotary Club will be having a dunk tank on the same weekend and encouraged the public to attend. Ms. McWilliams commented on the petition that was turned in opposing the removal of the Post Office parking lot and indicated that LDBA also did a petition to get a feeling of what people thought of the idea; however, she did not bring it this evening. Ms. McWilliams encouraged everyone to keep open minds and to work together. FILE NO. CC -7(p), CC -72 AND CC -400 R --.2jo J Continued September 7, 1994 d) John Young, Lodi, expressed his disappointment with the City Council in questioning Mr. Ochoa when he spoke in opposition to the Town Plaza. The citizens should feel free to come before the Council and express input in matters whether it is in support of or opposed to an item without being "attacked". Several Council Members responded that they do treat the public with respect and reminded the public that the revitalization project is not a City Hall project—it is a business community and citizen project. FILE NO. CC -16, CC -72 AND CC -400 e) Jeannie Davenport, 445 Almond Drive #45, Lodi, indicated she had signed the petition in opposition to removing the Post Office parking lot because she does not want the Town Plaza at that location. Mrs. Davenport further responded to Council Members Snider, Pennino, Mann and Sieglock that they have all been rude and disrespectful to the public. FILE NO. CC -16, CC -72 AND CC -400 13. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS a) Council Member Davenport commented on the following matters: (1) Indicated there was some confusion and inconsistencies in the plans for the Town Plaza and suggested that the plan be displayed in the Carnegie Forum and City Hall so that the public may view it; (2) Expressed his opinion that Council Members Pennino and Sieglock saying Mr. Chavez Ochoa was childish; (3) Thanked everyone for coming to the meeting; (4) Reminded everyone to be ever mindful of the gangs; (5) Voiced his objection to the agenda format which makes the public wait until last to speak under comments by the public, and he hopes this can be changed in the future; (6) Thanked the citizens for the many "Get Well" cards and phone calls he received for his knee injury in a recent fund-raiser baseball game for the East Side Improvement Committee. Mr. Davenport also stated that he is not suing the City regarding this injury; (7) Indicated that he would like more information regarding the letter he received from a Fire Department employee who was rejected following his probation; (8) Would like the TV cameras to stay for the entire meeting so that the citizens can hear the Consent Calendar items that were removed and will be discussed at the end of the meeting; (9) Responded to a comment by Council Member Mann at a prior meeting that he was a City -man and if there was anyone on the Council who was not he should resign. Mr. Davenport stated that he is a "citizen -man" because he works for the citizens; (10) Stated he would like to receive a copy of the report that Mr. Glenn prepared concerning the investigation of Public Works Director Ronsko in regards to the allegations by Ron Pirkig; (11) Indicated he was disappointed in the budget process and would like to see Shirtsleeve Sessions where the Council can ask questions of each Department; (12) Informed the public that there is a travel and business expense report available for viewing and it shows the travel costs for each Council Member and Department Head. Mr. Davenport would also like to see a similar report for credit card expenses; (13) Questioned whether or not the Lodi Unified School District (LUSD) would be paying for a portion of the lawn mower that was on the agenda due to the seven lots that the City mows for LUSD; (14) Commented that the report regarding the fixed -route transit system which was prepared by Assistant City Manager Glenn shows the Town Square and it is a contradictory diagram which he has not seen before; (15) Indicated that a rate comparison study was done of neighboring cities and agencies regarding electric rates and it is available for public review; (16) Received letter regarding a sight obstruction at the intersection of Lee and Lodi avenues and received another letter regarding a sight obstruction at the intersection of Harney Lane and Stockton Street; (17) Extended his sympathies to the Murdock family for their tragic loss; (18) Wished his daughter, Andrea, a "Happy Birthday"; (19) Commented on several matters that appeared on the last agenda --signed one-year contract with the International Brotherhood of Electrical Workers (IBEW) and Maintenance & Operators (M&O), hired consultant for 7 Continued September 7, 1994 cost -claiming services, has questions regarding the Minton property, the Finance Department reorganized its Department, hired Peat Marwick again for the audit which he is opposed to, and heard a report regarding the California Youth Soccer Association (CYSA); (20) Indicated that there was a household hazardous waste event today and that on September 24 and 25 will be the City-wide garage sale event; and (21) Would like to receive the costs for Freedman, Tung and Bottomley up to this date. FILE NO. CC -6, CC -21(b), CC -24(d), CC -27(c), CC -34, CC -48(a), CC -50(b), CC -72 AND CC -400 b) Council Member Mann corrected the comment by Council Member Davenport regarding being a City -man. Mr. Mann had actually said that he was "pro -City" and hoped that anyone on the City Council who was not pro -City resign, and he still stands by that statement. Council Member Mann also commented about the budget that the Council did have the opportunity to go over each Department and the press and public were there; however, Mr. Davenport was not. Council Member Mann requested that the City Attorney look at the animal control ordinance and see if it needs updating. Further, Mr. Mann expressed his condolences to the McDaniels and the Murdocks for the tragic loss of their loved ones. FILE NO. CC -6, CC -21(b) AND CC -65 C) Council Member Pennino informed the public that on October 8, 1994 there will be a demonstration of the passenger train over the Altamont. The train will be leaving Oakland to Sacramento to Lodi to Stockton to Tracy and then over the Altamont. The train will arrive in Lodi between 12:00 - 1:00 p.m. using the Southern Pacific line. FILE NO. CC -7(h) AND CC -50(b) d) Mayor Sieglock wished his son, Mark, a 'Happy Birthday" who turned six years old and commented on the following matters: (1) Requested that staff look into Proposition 186 (Health Care Initiative) and schedule the matter for the next agenda for opposition; (2) Indicated that he was in favor of the new agenda format because people who have legitimate business scheduled on the agenda can address their matters early on; (3) Responded to Mr. Davenport's disappointment in the budget process and reminded him that the City had several budget meetings and he was not there to vote on the matter; (4) Commented that the travel and business expenditure report was not yet final, and that the report was of value because it gives the public the opportunity to see where the Council goes; (5) Informed the public of the North County 1994 Household Hazardous Waste Collection Event which is scheduled at Salas Park on September 15, 1:00 p.m. - 5:00 p.m., September 16, 8:00 a.m. - 2:00 p.m. and September 17, 8:00 a.m. - 2:00 p.m.; (6) Commented to John Young that he does not believe he has ever been rude to him and that he has returned his phone calls. If he was, he apologized; and (7) Commented on the Post Office parking lot, reminding the public that this is not a City Hall project, and adding that he hopes everyone will make an informed decision and not marry selves to just one idea. FILE NO. CC -6, CC -21(b), CC -24(d), CC -72, CC -120 ANDN CC -400 Mayor Sieglock adjourned the meeting to a Closed Session to discuss the following matters: a) Pending Litigation - Alcantara v. City of Lodi b) Labor Relations - Lodi Police Officers' Association (LPDA) and Dispatchers Negotiator: Assistant City Manager Jerry Glenn C) Pending Litigation - Marks v. City of Lodi Continued September 7, 1994 Mayor Sieglock reconvened the Council meeting at approximately 11:52 a.m. and disclosed the following actions: --1.i. .. No final action was taken. Labor Relations - Lodi Police Officers' Association (LPOP) and Dispatchers - Itlegotiator. Assistant City Manager Jerry Glenn No final action was taken. Pending Litigation - Marks v. City of Lodi No final action was taken. FILE NO. CC -200(a) AND CC -200(d) • �C�Z•Z•IDQ.�L��d�i;iir • _ • y � i� • The City Council, on motion of Council Member Davenport, Snider second, unanimously voted to continue with the remainder of the meeting following the 11:00 p.m. hour. 17. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR The City Council, on motion of Council Member Snider, Mann second, voted to limit debate on the remainder of the items to one minute per Council Member by the following vote: Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - Davenport Absent: Council Members - None a) The City Council, on motion of Council Member Pennino, Sieglock second, approved the specifications and authorized advertisement for bids for the financed purchase of one Toro 580-D high-speed rotary mower for the Parks Department 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) 6 Continued September 7, 1994 b) Following discussion regarding specifications and advertisement for bids for photocopier for Municipal Service Center (MSC), Council Member Davenport made a motion to not approve the specifications. The motion died for lack of a second. Further, the City Council, on motion of Council Member Snider, Sieglock second, approved the specifications for a photocopier for the Municipal Service Center (MSC) 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(b) C) The City Council, on motion of Council Member Pennino, Sieglock second, authorized the Police Department to refinance the lease purchase of the City's AS400 and upgrade the disk and memory capacity of this equipment 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, CC -20 AND CC -47 4 d) The City Council, on motion of Council Member Snider, Sieglock second, adopted Resolution No. 94-99 awarding the contract for treated wastewater pump and motor, White Slough Water Pollution Control Facility Equalization Pond, 12751 North Thornton Road to Pump Repair Service Company of Daly City in the amount of $22,150.00 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, Mann second, adopted Resolution No. 94-100 awarding the contract for Westgate Park/Basin chain link fence to Pisor Fence of Citrus Heights in the amount of $38,591,68 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(a) AND CC -300 IM Continued September 7, 1994 f) The City Council, on motion of Council Member Pennino, Mann second, approved the modifications to the lease agreement with 13echthold-Kirschenman Farms (1) decreasing the annual rental amount until water is again available from the Delta or until effluent can be provided by the City of Lodi; and (2) modifying the wording of the termination clause by the following vote: Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - Davenport Absent: Council Members - None FILE NO. CC -90 g) The City Council, on motion of Council Member Snider, Mann second, approved the contract with Lodi Memorial Hospital for the Community Wellness/Exercise Program and authorized the City Manager and the City Clerk to execute the contract on behalf of the City by the following vote: Ayes: Council Members - Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - Davenport Absent: Council Members - None FILE NO. CC -90 h) The City Council, on motion of Council Member Snider, Sieglock second, unanimously established the 1994/95 tax rate for bond interest and redemption at .0126 per $100 of assessed valuation. FILE NO. CC -21(a) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously adopted Resolution No. 94-102 adopting the Appropriation Spending Limit for fiscal year 1994/95 of $36,515,234 and designating the factors used to calculate the Appropriation Spending Limit as (1) the California Per Capita Income growth of .71%; and (2) the County population growth of 1.57% as published by the Department of Finance, State of California on May 2, 1994. FILE NO. CC -21(a) AND CC -300 �* ; u There being no further business to come before the City Council, Mayor Sieglock adjourned the meeting at approximately 12:11 a.m., Thursday, September 8, 1994. ATTEST: enifer M errin I Clerk 11