HomeMy WebLinkAboutMinutes - July 7, 19932jo
CITY OF LODI
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 7, 1993
7:00 P.M.
1. ROLL CALL
Present: Council Members - Davenport, Mann, Sieglock, Snider, and
Pennino (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn,
Community Development Director Schroeder, Public Works
Director Ronsko, City Attorney McNatt, and City Clerk
Perrin, and Deputy City Clerk Nicolini
2. INVOCATION
The invocation was given by Lyle Morris, Salvation Army.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
4. AWARDS/PROCLAMATIONS/PRESENTATIONS
a) None
5. COMMENTS BY PUBLIC UNDER CONSENT CALENDAR
a) Jim Verseput, 2120 West Lodi Avenue, Lodi, representing the Lodi
District Chamber of Commerce, made comments regarding agenda item
#E-10 entitled, "Letter to Caltrans regarding use of Southern Pacific
Kentucky House Branch Line,, and requested that the letter have
stronger language.
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council,
on motion of Council Member Snider, Mann second, approved the following
items hereinafter set forth, with the direction to include stronger
language in the letter to Caltrans referenced in agenda item #E-10.
a) Claims were approved in the amount of $4,628,135.20.
FILE NO. CC -21(a)
b) The Minutes of April 7, 1993 (Regular Meeting), April 21, 1993
(Regular Meeting), May 5, 1993 (Regular Meeting) and May 12, 1993
(Special Meeting) were approved as written.
c) Adopted Resolution No. 93-84 initiating the annexation/reorganization
proceedings for the Bridgetown I Reorganization located on the north
side of West Turner Road, west of Wine and Roses Country Inn.
FILE NO. CC -8(a)
1
Continued July 7, 1993
d) Adopted Resolution No. 93-85 awarding the contract for Kofu Handicap
Walkway, 1145 South Ham Lane to Popuch Concrete Contracting, Inc. in
the amount of $4,274.30.
FILE NO. CC -12(a), CC -90 AND CC -300
e) Adopted Resolution No. 93-86 awarding the contract for Anderson
Avenue Street Improvements, 150' N/Swain Drive to 200' N/Swain Drive
to George Reed, Inc. in the amount of $24,705.00.
FILE NO. CC -12(a), CC -90 AND CC -300
f) Adopted Resolution No. 93-87 awarding the contract for Lodi Jail
Painting and Plumbing Retrofit, 230 West Elm Street to Charles J.
Faszer, Inc. in the amount of $42,693.40.
FILE NO. CC -12(a), CC -90 AND CC -300
g) Set Public Hearing for August 4, 1993 to consider transportation
permit fees.
FILE NO. CC -50(b) AND CC -56
h) Set Public Hearing for August 4, 1993 to consider the Planning
Commission's recommendation to approve the following requests of
David C. Sproul:
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1. to prezone the parcels at 5909 and 6161 East State Route 12
(APN's 049-040-07 and 049-130-22) M-1, Light Industrial; and
2. to certify the filing of a Negative Declaration by the Community
Development Director as adequate environmental documentation on
the above project.
FILE NO. CC -53(a)
i) Set Public Hearing for August 4, 1993 for curb ramp replacement
accessibility project.
FILE NO. CC -6 AND CC -45(e)
j) Approved letter to Caltrans regarding the use of the Southern Pacific
Railroad Kentucky House Branch Line with the direction to use
stronger wording in the letter.
FILE NO. CC -6 AND CC -7(h)
k) Authorized the Mayor to sign the urban County Cooperation Agreement
which establishes the basis for the distribution of Community
Development Block Grant and HOME funds.
FILE NO. CC -55 AND CC -90
1) Received and accepted for filing the annual audit of the Special Gas
Tax Street Improvement Fund for the fiscal year ended June 30, 1992
prepared by the State Controller's Office.
FILE NO. CC -21(a)
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�1 Continued July 7, 1993
7. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Mayor Pennino asked Police Chief Hansen to report on the Police
Department's new experimental programs.
1. Chief Hansen explained to the City Council the Police
Department's new experimental program called "Operation All
Out", in which sixteen "black and whites" will be on patrol
throughout the City, many of which will be on the East Side.
The officers will be going door-to-door to talk with people to
let them know they are in the neighborhood and to discuss
possible crime or safety issues in their neighborhoods. The
program started that evening on an experimental basis, and if
successful, the Police Department envisions continuing on a
monthly basis during the summer months through the fall.
Another experimental program that recently began is called "Beat
Integrity" in which officers are assigned to one beat for a
five-week period in order to become familiar with the area, the
residents and the problems typical of that area.
FILE NO. CC -6 AND CC -152
b) Council Member Sieglock made several comments: (1) congratulated the
Dakota Club on its 50th Anniversary; (2) commended the Lodi Arts
Commission for its "Celebrate America!" event which was a great
success; (3) informed the public that August 21, 1993 will be the
grand opening of Hale Park and encouraged Colleen Dixon to speak
regarding the matter under "Comments by the Public on Non -Agenda
Items" segment of the agenda; and (4) informed the public that the
last meeting of the Gang Alternative Project was very informative and
they had several ideas in dealing with the gang situation which will
be reported by Perfecto Munoz under "Comments by Public".
FILE NO. CC -2(k), CC -2(q) AND CC -2(s)
c) Council Member Mann announced to the public that President Clinton's
proposed BTU tax (energy tax) is dead, which has saved the City of
Lodi taxpayers approximately $1 million dollars. Mr. Mann also
commented on the lobbying efforts of both he and Council Member
Sieglock during the recent National League of Cities Conference that
was held in Washington D. C.
FILE NO. CC -6
d) Council Member Davenport commented on the ad that appeared in that
morning's Lodi News Sentinel regarding the recall efforts against
him. The article was quoted saying that "Ray Davenport broke his
campaign promises"; however, Mr. Davenport claims that is not true
and challenged the persons listed on the ad to come forth and say
what promises they feel he broke. Mr. Davenport further encouraged
people to call and speak to him if they have concerns.
FILE NO. CC -6 AND CC -18
e) Mayor Pennino informed the public that the Senior Citizens Commission
has a voice mail box, the phone number is 333-6800 ext. 239, and he
encouraged people to call with questions or concerns. Mayor Pennino
announced the upcoming Mayor's Golf Tournament to be held on August
8, 1993 at Oakmore Golf Course. And further directed staff to look
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Continued July 7, 1993
into the possibility of fencing off Lodi Lake and charging admission
for the Fourth of July Fireworks display.
FILE NO. CC -2(i) AND CC -6
8. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Rob Lechner, Pacific Gas & Electric Company (PG&E), 4040 West Lane,
Stockton, introduced the new Community Manager, Marsial Fernandez.
1. Marsial Fernandez, newly -appointed Community Manager, PG&E, and
a 10 -year Lodi resident, shared some of his ideas for the office
in Lodi: (1) PG&E is reducing its costs; (2) is improving
customer relations; (3) is increasing Lodi's office hours; (4)
will promote a positive community image; (5) and will continue
to pursue energy efficiency in homes.
FILE NO. CC -7(t)
b) Lyle Morris, Salvation Army, 525 West Lockeford Street, Lodi,
requested donations to aid in the funding of the Arch Way Shelter
(formerly the New Life Mission), 19 North Sacramento Street. Anyone
interested in making a donation can send money to the following
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location (please designate Arch Way Shelter --if not, it will go into
the Salvation Army funds):
c/o Salvation Army
Arch Way Shelter Funding
P.O. Box 1388
Lodi, CA 95240
c) Don Linn, 520 South Mills Avenue, Lodi; and
Joe Fiori, 521 South Mills Avenue, Lodi, informed the City Council of
their interest in installing street lights along Mills Avenue. They
had received information from the City Clerk regarding the formation
of a Street Light Assessment District; however, they are requesting
assistance from the City in paying a portion of the costs. This
matter will be brought back to the City Council at its meeting of
August 4, 1993, and the matter regarding the possibility of a street
light program will be discussed at a future Shirtsleeve Session.
FILE NO. CC -6 AND CC -10(a)
d) Virginia Lahr, 311 East Elm Street, Lodi, commented on the shooting
at Hale Park and the crime in that area. The park is unsafe at night
and the gang members need to be removed from there. Mrs. Lahr
thanked Mayor Pennino and Council Member Sieglock for coming out to
the park on the night of the shooting, and further thanked Police
Chief Hansen and Captain Adams for all of their assistance. Mrs.
Lahr is glad to see that the Parks and Recreation Commission has
banned the use of alcohol and created a curfew at both Hale and
Blakely parks.
FILE NO. CC -16 AND CC -27(c)
e) Perfecto Munoz, 19329 North Wilderness Way, Woodbridge, representing
the Gang Alternative Project, with his son, Johnathan Munoz, informed
the City Council of its suggested resolutions/ideas that it would
like the City Council to consider: (1) ban alcohol at parks; (2) take
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✓ Continued July 7, 1993
a serious stand and ban gang members in the City of Lodi; and (3) ban
all gang colors at the parks. Further, the Gang Alternative Project
would like the City Council to consider the following: (1) make
parents responsible for child's actions; (2) have each business
property owner enforce a curfew around place of business to
discourage loitering; and (3) enforce a town curfew for all ages.
City Attorney McNatt will research the legality of these requests.
FILE NO. CC -2(q) AND CC -27(c)
f) John Mattos, 944 South Stockton Street, Lodi, explained to the City
Council that Kim Forberg who spoke at the last meeting regarding
assistance for the handicap had planned to attend tonight's meeting,
but was told by someone at the City not to come. Mr. Mattos said
that Ms. Forberg is very upset about this and that is why she did not
attend the meeting.
Marilyn Field, Recreation Superintendent, commented that she may be
the person Mr. Mattos is referring to; however, she believes there
was some sort of miscommunication. Ms. Forberg's Aunt had called Ms.
Field that day to tell her that Kim wanted to speak at the Parks and
Recreation Commission's meeting regarding recreation activities for
the handicapped. Ms. Field informed the Aunt that the Parks and
Recreation Commission had its meeting the night before. The Aunt
then said that she would attend the City Council meeting . Ms. Field
replied that she may want to attend the.next Parks and Recreation
Commission Meeting which will be held in August, and that might be
where the miscommunication lies. Ms. Field was directed to contact
Ms. Forberg and explain the mix-up.
Mr. Mattos further responded to the comments that were said in making
parents responsible for childrens' actions. It is not always a
parents fault.
FILE NO. CC -6 AND CC -118
g) Frank Alegre, 2000 Edgewood Drive, Lodi, responded to the article
that appeared in the Lodi News Sentinel regarding the City of Lodi
salaries and benefits, he felt that the salary comparisons were
distorted and did not provide a complete picture for the public. Mr.
Alegre expressed his concerns about the Parks and Recreation's action
in not adopting the fees for Adult Sports; he feels it should be loot
self-funded. Also commented on crime and encouraged people to
contact their Congressman. And finally expressed his opposition to
the recall efforts.
FILE NO. CC -18, CC -21(b) AND CC -56
h) Walt Saxton, 1450 Park Street, Lodi, made the following comments: (1)
a committee should be'put together of business and community leaders
to meet with the Lodi Police Department on a quarterly basis to get
more involved in public safety; (2) offered to head a committee to
research possibilities in making the Fourth of July Fireworks display
a money -making event as the Mayor suggested earlier; (3) proposed
that a committee be made to look at budget reviews and determine ways
to save/make money and ways to cut.
FILE NO. CC -21(b) AND CC -152
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Continued July 7, 1993
i) Jean Davenport, 445 Almond Drive #45, Lodi, made a suggestion to the
City Attorney to aid in his research of the requests from the Gang
Alternative Project.
FILE NO. CC -2(q)
j) Laurie Folweiler, 26 North Washington Street, Lodi, expressed her
concerns regarding the shooting and the crime at Hale Park. She was
glad to see that alcohol was banned at the park and requested that
there be more police patrolling of the park, especially with the use
of police dogs. Ms. Folweiler complained that the Lodi Police
Department 911 System asked her several questions about a situation
that she had called in, when they should be the ones to take care of
it.
Police Chief Hansen reported that the Dispatcher is trained to ask
certain standard questions when a call comes in --the main issue is
because of the safety and welfare of the officer responding and their
need to know the details.
FILE NO. CC -16, CC -27(c) AND CC -152
k) Arthur Price, 1053 Port Chelsea, Lodi, commented on the work that the
Gang Alternative Project does and urged the City Council to be a part
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of its progress. Mayor Pennino informed the public that the City
Council will be having a Shirtsleeve Session regarding gangs.
FILE NO. CC -2(q)
1) Jim Mellinger, McGee Communications, P.O. Box 6750, Stockton,
apologized to Council Member Sieglock for "waiving him off" at the
last City Council meeting following the discussion regarding the
Dial -A -Ride radio system. Mr. Mellinger requested that the City
Council investigate the bidding procedure and the conflict that
Assistant City Manager Glenn has with Lagorio Communications because
his son was previously employed there.
Mayor Pennino informed Mr. Mellinger that the bidding procedure will
be coming back to the City Council. Further, City Attorney McNatt
informed the City Council that he had an opportunity to research the
matterabout the alleged conflict of Mr. Glenn and found that under
California laws there is no conflict in this instance.
FILE NO. CC -6 AND CC -16
M) Colleen Dixon, 333 Hilborn, Lodi, commented on the grand opening of
Hale Park scheduled for August 21, 1993 and encouraged people
interested in volunteering to contact the East Side Improvement
Committee at 368-8848.
FILE NO. CC -2(s) AND CC -27(c)
9. RECESS
Mayor Pennino called for a ten-minute recess and the City Council meeting
reconvened at approximately 9:17 p.m.
10. PUBLIC HEARINGS
a) None
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Continued July 7, 1993
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 Sieglock, Snider second,
rejected the following claims and referred them back to ICA:
1. Tanya Heward, date of loss 6/4/93; and
2. Maria Ramirez, el al., date of loss 1/22/93
FILE NO. CC -4(c)
b) The following reports were presented to the City Council
1. Planning Commission Reports of the meetings of June 14, 1993 and
June 28, 1993; and
FILE NO. CC -35(c)
2. Report by Virginia Snyder, Lodi East Side Improvement Committee.
a) Speaking on the matter was Frank Alegre, 2000 Edgewood
Drive, Lodi.
ACTION:
On motion of Council Member Davenport, Mann second, the City
Council unanimously directed the City Manager to prepare a code
enforcement program, including the possibility of using the Fire
Department, and to bring the plan back to the City Council.
FILE NO. CC -2(s)
c) The City Council, on motion of Mayor Pennino, Sieglock second,
unanimously directed the City Clerk to post for the following
vacancies:
LODI EAST SIDE IMPROVEMENT COMMITTEE
Mary Godfrey
John LaMere
GANG ALTERNATIVE PROJECT
Bob Shamrock
FILE NO. CC -2(q) AND CC -2(9)
12. REGULAR CALENDAR
a) The City Council, on motion of Council Member Sieglock, Snider
second, adopted Resolution No. 93-88 approving the schedule of fees
and charges for Camp Hutchins.
FILE NO. CC -6, CC -56 AND CC -300
b) The City Council, on motion of Council Member Mann, Snider second,
adopted Resolution No. 93-89 approving the Fee and Charges Schedule
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Continued July 7, 1993
for "the Parks .and Recreation Department (with the exception of the
Adult Sports Activity fees) by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Speaking on the matter was Frank Alegre, 2000 Edgewood Drive, Lodi.
Further, Council Member Davenport made a motion, Mann second, to
adopt the fees for Adult Sports Activity with the option to come back
to the City Council to amend, if necessary. The motion failed by the
following vote:
Ayes: Council Members - Davenport
Noes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor)
Absent: Council Members - None
FILE NO. CC -6, CC -56 AND CC -300
c) Following discussion regarding the matter, the City Council, on
motion of Council Member Snider, Sieglock second, unanimously
approved to send letter upholding the City of Stockton Planning
Commission's action to oppose the proposed Stockton General Plan_
FILE NO. CC -6 AND CC -35(a)
d) The City Council, on motion of Mayor Pennino, Mann second,
unanimously authorized the remodeling of the Police Communication
Center, upgrading the "call taking" station into a full dispatch
position.
FILE NO. CC -12(a) AND CC -90
d) The City Council, on motion of Council Member Sieglock, Snider
second, unanimously adopted Resolution No. 93-90 approving the
reallocation of $80,000 from several prior years' accounts into the
1992-93 Hale Park Account No. 45.7-760.60 retroactive to June 30,
1993. This is to cover a shortfall that occurred due to several
change orders.
FILE NO. CC -55 AND CC -300
13. ORDINANCES. .
a) Ordinance No. 1578 entitled, "An Ordinance of the Lodi City Council
Amending the Land Use Element of the Lodi General Plan by
Redesignating the Parcels Located Within the Area Bounded by the
Woodbridge Irrigation Canal on the North and East, West Kettleman
Lane (Highway 12) on the South, and Lower Sacramento Road on the West
(APN's 027-040-10, 11, 12, 16, 17, 32, 63, 64, 65, 66 and APN's
031-040-07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 19 and 20) from PR,
Planned Residential, and O, Office to LDR, Low Density Residential
and 0, Office; and Redesignating the Parcels located at 13737 North
Cherokee Lane (APN 062-290-18), 2250 South Stockton Street (APN
062-290-08), and 13845 North Cherokee Lane (APN 062-290-07) from PR,
Planned Residential to LDR, Low Density Residential" having been
introduced at a regular meeting of the Lodi City Council held June
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V Continued July 7, 1993
16, 1993 was brought up for passage (this Ordinance required two
votes) :
SECTION 1:..(Helmle proiect)
On motion of Mayor 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, Sieglock and Pennino
(Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Snider
SECTION 2: (Richards Ranch proiect)
On motion of Council Member Mann, 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 - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -6, CC -53(a) AND CC -149
b) Ordinance No. 1579 entitled, "An Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby
Prezoning the Parcels Located Within the Area Bounded by the
Woodbridge Irrigation District Canal on the North and East; Kettleman
Lane (State Route 12) on the South; and Lower Sacramento Road on the
West (APN's 027-040-10, 11, 12, 16, 17, 32, 63, 64, 65, 66 and APNIs
031-040-07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 19 and 20) to R-1,
Single -Family Residential, R-2 Single -Family Residential and R -C -P,
Residential -Commercial -Professional, With a Condition Relating to
School Facilities Funding" having been introduced at a regular
meeting of the Lodi City Council held June 16, 1993 was brought up
for passage on motion of Council Member Mann, 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, Sieglock and Pennino
(Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- None
Abstain:
Council
Members
- Snider
FILE NO. CC -6, CC -53(a) AND CC -149
c) Ordinance No. 1580 entitled, "An Ordinance of the Lodi City Council
Amending the Official District Map of the City of Lodi and Thereby
Prezoning the Parcels Located at 13737 North Cherokee Lane (APN
062-290-18), 2250 South Stockton Street (APN 062-290-08), and 13845
North Cherokee Lane (APN 062-290-07) R-2, Single -Family Residential,
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Continued July 7, 1993
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With a Condition Relating to School Facilities Funding" having been
introduced at a regular meeting of the Lodi City Council held June
16, 1993 was brought up for passage on motion of Council Member Mann,
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 - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -6, CC -53(a) AND CC -149
d) Ordinance No. 1581 entitled, "An Ordinance of the Lodi City Council
Amending Chapter 10.52 of the Lodi Municipal Code by Adding a New
Section Thereto Relating to Commercial Vehicle Parking Noise
Restrictions" having been introduced at a regular meeting of the Lodi
City Council held June 16, 1993 was brought up for passage on motion
of Council Member Snider, 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 - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -48(a) AND CC -149
e) Ordinance No. 1582 entitled, "An Ordinance of the City Council of the
City of Lodi Repealing Ordinance No. 1576 and Reenacting an Amendment
to the Contract Between the City Council of the City of Lodi and the
Board of Administration of the California Public Employees,
Retirement System" having been introduced at an adjourned regular
meeting of the Lodi City Council held June 24, 1993 was brought up
for passage on motion of Mayor Pennino, 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 - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
FILE NO. CC -34 AND CC -149
14. CLOSED SESSION
On motion of Council Member Sieglock, Mann second, the City Council
unanimously adjourned to a Closed Session to discuss the following matters:
a) Labor Negotiations
b) Threatened Litigation - Ramiriz v. City of Lodi
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v� Continued July 7, 1993
The City Council meeting reconvened at approximately 11:51 p.m.
FILE NO. CC -200(a) AND CC -200(d)
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor
Pennino adjourned the meeting at approximately 11:53 p.m.
ATTEST:
,Ipnifer/M. Perrin
City Clerk
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