HomeMy WebLinkAboutMinutes - August 4, 1993CITY OF LODI v
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 4, 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, Assistant City
Engineer Prima, City Attorney McNatt, and City Clerk Perrin
2. INVOCATION
The invocation was given by Assistant City Manager Glenn.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
4. AWARDS/PROCLAMATIONS/PRESENTATIONS
a) None.
S. INTRODUCTIONS
Mayor Pennino asked Pastor Norm Mowery, First United Methodist Church, to
introduce the special guests he had in the audience. Pastor Mowery
introduced the Mujkic family from Sarajevo, Bosnia who recently moved to
Lodi. Mayor Pennino presented each with a City of Lodi pin and sticker.
6. COMMENTS BY PUBLIC ON CONSENT CALENDAR ITEMS
a) Frank Alegre, 2000 Edgewood Drive, Lodi, asked questions regarding
agenda item #E-9 entitled, "Salary schedules for Confidential
employees".
FILE NO. CC -34 AND CC -300
7. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council,
on motion of Council Member Snider, Sieglock second, approved the
following items hereinafter set forth except those otherwise noted.
a) Claims were approved in the amount of $4,461,009.15.
FILE NO. CC -21(a)
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Continued August-?-, 1993
b) The Minutes of June 16, 1993 (Regular Meeting), June 18, 1993
(Adjourned Regular Meeting), June 22, 1993 (Adjourned Regular
Meeting), June 23, 1993, 7:00 A.M. (Adjourned Regular Meeting), June
23, 1993, 7:00 P.M. (Adjourned Regular Meeting) and June 24, 1993
(Adjourned Regular Meeting) were approved as written.
c) Adopted Resolution No. 93-93 initiating the annexation/reorganization
proceedings for the Helmle Reorganization 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. (Council Member Snider abstained from discussion
and voting on this matter.)
FILE NO. CC -8(a) AND CC -300
d) Agenda item #E-4 entitled, "Consider initiating the
annexation/reorganization proceedings for the Richards Ranch
Reorganization located at 13737 North Cherokee Lane, 2250 South
Stockton Street and 13845 North Cherokee Lane" was removed from the
Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
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e) Agenda item #E-5 entitled, "Contract Award for Church Street
Improvements, Kettleman Lane to Vine Street" was removed from the
Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
f) Agenda item #E-6 entitled, "Acceptance of Improvements under Poplar
Street wastewater Pipe Improvements, Cherokee Lane to Central Avenue
contract" was removed from the Consent Calendar and discussed and
acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
g) Approved the final map for Century Meadows Three, Unit No. 2, Tract
No. 2614, appropriated Development Impact Mitigation Fee funds to
cover the oversize water mains, 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
h) Agenda item 4E-8 entitled, "Participation in San Joaquin County
Contracts for purchase of office supplies and computer paper" was
removed from the Consent Calendar and discussed and acted upon at the
end of the agenda. (Removed by Council Member Mann.)
i) Agenda item #E-9 entitled, "Salary schedules for Confidential
employees" was removed from the agenda and discussed and acted upon
at the end of the agenda. (Removed by Council Member Davenport.)
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Continued August f, 1993
8. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Mayor Pennino congratulated and thanked everyone who participated in
National Night Out that was held on August 3, 1993. Mr. Pennino had
an opportunity to visit many of the neighborhoods.
1. Chief Hansen presented a report on the success of the event.
There were 98 neighborhoods involved, which is double from last
year, and the police officers were able to visit approximately
68 neighborhoods. A contest was also sponsored by the
Correctional Peace Officers' Association, and Chief Hansen
announced the winners:
Second Place Prize - $50 (Three-way tie)
2000 Block of Corbin Lane
Orange Grove Apartments, 310 South Orange Street
400 Block of Mokelumne River Drive
Grand Prize
300 Block of Hilborn
Mayor Pennino thanked Jeanie Biskup and the Police Department staff
for the success of the event.
FILE NO. CC -152
b) Council Member Snider expressed his disgust with the "hate crimes"
that recently occurred in Lodi and hoped every effort was made to
catch those involved.
1. Chief Hansen reported that this "hate crime" will be the "Crime
of the Week" and may possibly carry a higher reward offer.
Chief Hansen strongly urged that if anyone has any information
regarding the matter to contact the Police Department. Callers
can remain anonymous.
FILE NO. CC -152
c) Council Member Davenport commented on several matters: (1) urged
that focus still be kept on the gang situation and encouraged people
to apply to the Gang Alternative Project (there were two vacancies on
the agenda); (2) commented on the good turnout of the National Night
Out Program; (3) expressed his hope that the City does all it can to
assist Mr. Choo and the Lodi Golf Driving Range to relocate his
business; (4) informed the public that City staff is still working on
alternatives in balancing the budget with the $310,000 shortfall from
the State; (5) upset that he was not informed by the City Manager or
Police Chief about the arrest of a police officer for drunk driving;
(6) stated he was not in favor of the City Clerk's raise and feels
the personnel agreement says that the City 'may' give this raise.
Mr. Davenport also feels that due to the budget, it is not the right
time to give a raise; (7) requested information regarding the
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V Continued August ¢, 1993
Economic Development Coordinator's title, job specification, salary,
benefits, etc.; (8) expressed his feelings that conferences need to
be curtailed; and (9) requested the Police Chief to explain to the
public what "Citizens Arrest" means.
1. Chief Hansen gave a brief report on the circumstances in which a
citizen can place a person under "Citizens Arrest".
Further Council Member Davenport commented on the following matters:
(1) The ad in the Lodi News Sentinel by the Committee to Recall
Davenport which stated accusations and where to find the
documentation for proof. Under the segment of the ad that alleges
the costs of Mr. Davenport's lawsuits against the City, it refers to
the City of Lodi Finance Department records. Mr. Davenport tried to
look at those records, but were told that some were destroyed; (2)
Alleged that the circulators of the petitions in the recall against
Council Member Davenport were misleading citizens into signing the
petitions at both Walmart and Smart Foods stores. In addition, the
circulators are being paid to collect signatures as well as the
person whose job it is to stand by the table and watch. Mr.
Davenport urged citizens to call him with any questions or concerns;
(3) Mr. Davenport commented that he still has not seen any
information regarding the Fire Department reorganization; and (4) Mr.
Davenport would still like to see a report regarding the grievances
which he requested some time ago.
FILE NO. CC -2(q), CC -6, CC -7(p), CC -18, CC -21(b), CC -34 AND CC -90
d) Council Member Mann encouraged the City Council to consider every
effort to assist with the relocation of the Lodi Golf Driving Range.
Mr. Mann also commented on the success of National Night Out and
asked that the Police Chief return to the City Council with a report
on how the City ranked among other cities in the area in regards to
participation. Further Mr. Mann asked for an update regarding the
train depot.
1. Assistant City Manager Glenn presented a brief report regarding
the events of this matter to date. It was requested by the City
Council that a draft resolution come back to the City Council
officially stating its intention to relocate the train depot.
Further Council Member Mann commented on the issue of the City
Clerk's salary increase and informed the public that Mrs. Perrin was
started below the advertised salary range for one year and that it
would be increased during that time to the initial step.
FILE NO. CC -6, CC -7(n), CC -7(p), CC -34 AND CC -90
e) Council Member Sieglock agreed with the feelings expressed earlier
that every effort should be made in the relocation of Mr. Choo and
the Lodi Golf Driving Range and hoped that it can be taken care of
quickly. Mr. Sieglock commented on the Stockton General Plan and
suggested that both the Stockton City Council and the Stockton
Planning Commission be invited to discuss this matter with the Lodi
City Council and Planning Commission. Mr. Sieglock further suggested
that some sort of an agreement be drafted between the City of
Stockton and the City of Lodi ensuring that the buffer of
agricultural land remain near Eight Mile Road and suggested that a
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Continued August 4, 1993
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Council Member or staff person be designated to monitor the process
of the Stockton General Plan on a regular basis. Council Member
Sieglock thanked the citizens of Lodi for not signing the recall
petitions against himself and Council Members Pennino and Snider.
FILE NO. CC -6, CC -7(p), CC -18, CC -35(a) AND CC -90
f) City Manager Peterson presented an update regarding the relocation of
the Golf Driving Range and informed the Council that this matter will
come before the City Council at the next meeting. Further, the
budget will come before the City Council at its first meeting in
September. The Fire Department reorganization is also scheduled to
come before the City Council in September.
FILE NO. CC -7(p), CC -21(b) AND CC -90
g) Council Member Snider also commented on the Stockton General Plan and
was glad to see that the Stockton residents were now banning against
the proposal.
FILE NO. CC -35(a)
h) Council Member Davenport again commented on the City Clerk's salary
increase and encouraged the public to look at the contract on file.
Mr. Davenport also disagreed with an earlier statement that the vote
for Mrs. Perrin's salary increase was 5-0.
FILE NO. CC -34
i) Mayor Pennino apologized that he said "would" and not "may" in
regards to the City Clerk's salary increase as stated in the
contract; however, the vote by the City Council was 5-0. This matter
will be scheduled on the next City Council agenda for Closed
Session. Mayor Pennino also requested that the matter pertaining to
the costs of legal fees for Council Member Davenport's lawsuit
against the City be placed on the next agenda.
FILE NO. CC -34 AND CC -200(d)
9. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Raena Wright, P.O. Box 2444, Lodi, invited the Lodi City Council and
the public to attend the next meeting of the Lodi East Side
Improvement Committee to be held on Thursday, August 12, 1993 at 6:30
p.m. at the Loel Center. The topic for the evening will be the "Ugly
Ordinance".
FILE NO. CC -2(s)
b) Phil and Cheri Gaudet, 72 North Pacific, Lodi, informed the City
Council of the problems they are having with Walgreens and that staff
is currently assisting in solving these problems.
FILE NO. CC -16
c) Frank Alegre, 2000 Edgewood Drive, Lodi, expressed his opposition to
the City Clerk's salary increase because the City is in a recession
and no one should receive that type of an increase. Mr. Alegre also
commented on the Economic Development Director and felt there was not
a need for this position.
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�I/ Continued August 4, 1993
Council Member Pennino replied again that the City Clerk's salary
started at 28$ below the advertised salary schedule and it has saved
the City money.
Council Member Mann further commented on the terms and conditions of
the contract.
Mr. . Alegre further commended the Chief of Police for his hard work
and efforts since his appointment as Chief.
FILE NO. CC -16 AND CC -34
10. PUBLIC 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 Pennino called for the Public Hearing to consider (1) the
Planning Commission's recommendation to approve the request of David
C. Sproul 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.
Hearing Opened To The Public
1. Dave Sproul, P.O. Box 832, Lodi (support); and
2. Frank Alegre, 2000 Edgewood Drive, Lodi (support).
Public Portion Of Hearing Closed
ACTION:
The City Council, on motion of Council Member Snider, Mann second,
unanimously introduced Ordinance No. 1583 prezoning the parcels at
5909 and 6161 East State Route 12 (APN's 049-040-07 and 049-130-22)
M-1, Light Industrial.
Further, the City Council, on motion of Council Member Snider, Mann
second, unanimously certified the filing of a Negative Declaration by
the Community Development Director as adequate environmental
documentation on the above project.
FILE NO. CC -53(a) AND CC -149
b) Notice thereof having been published according to law, an affidavit
of which publication is on file in the office of the City Clerk,
Mayor Pennino called for the Public Hearing to consider Curb Ramp
Replacement Accessibility Project.
Hearing Opened To The Public
1. Tom Favero, 220849 North Devries Road, spoke in favor of the
ramps near DeGroot Hall and of the criteria used to determine
the list;
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Continued August f, 1993
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2. Corey Wright, 555 Augusta, Woodbridge, with the Vienna
Convalescent Hospital, spoke on behalf of 388 residents living
at different facilities in town and expressed feelings that the
Fairmont/Sylvia project should be higher on the priority list;
3. Kenneth Schwarz, 3605 Schooner Drive, Stockton, spoke on behalf
of his daughter who is wheelchair bound. Mr. Schwarz is in
favor of the ramps near DeGroot Hall; and
4. William Pena, 565 East Harney Lane, Lodi, also spoke in favor of
the ramps near DeGroot Hall.
Public Portion Of Hearing Closed
ACTION:
The City Council, on motion of Council Member Mann, Sieglock second,
unanimously approved the priority list for the installation of
handicap accessible curb ramps in the public right-of-way and
authorized the preparation of plans, specifications, and bidding
using Block Grant funds with the go-ahead to staff to include on the
list any calls/complaints received during the preparation of the
plans and specifications.
FILE NO. CC -45(e), CC -55 AND CC -118
11. RECESS
Mayor Pennino called for a ten-minute recess and the City Council meeting
reconvened at approximately 9:20 p.m.
12. PUBLIC HEARINGS CONTINUED
c) Notice thereof having been published according to law, an affidavit
of which publication is on file in the office of the City Clerk,
Mayor Pennino called for the Public Hearing to consider
transportation permit fees in conformance with California Vehicle
Code (CVC), Section 35795 (b).
Hearing Opened To The Public
1. Frank Alegre, 2000 Edgewood Drive, Lodi (opposed to high fee and
recommended a lower fee of $15 for a one-time permit and $20 for
an annual permit).
Public Portion Of Hearing Closed
ACTION:
The City Council, on motion of Council Member Davenport, Sieglock
second, adopted Resolution No. 93-97 adopting fee schedule for
transportation permits in conformance with Lodi Municipal Vehicle
Code Section 10.52.040 and California Vehicle Code Section 35795(b)
of $15 for a one-time permit and $20 for an annual permit. Further,
staff will research the actual City costs of preparing the permits
and report back to City Council. This action was taken by the
following vote:
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Continued August 4, 1993
Ayes: Council Members - Davenport, Mann, Sieglock and Snider
Noes: Council Members - Pennino (Mayor)
Absent: Council Members - None
FILE NO. CC -6, CC -50(a) AND CC -56
13. COMMUNICATIONS (CITY CLERK)
a) The City Council, on motion of Council Member Snider, Sieglock
second, directed the City Clerk to post for the following vacancies
on the Gang Alternative Project:
GANG ALTERNATIVE PROJECT
Jose Trevino
Perfecto Munoz
Further, Mayor Pennino asked Council Member Sieglock, representative
on the Gang Alternative Project, if he would discuss with the
Committee at its next meeting the possibility of combining it with
either the East Side Improvement Committee or the Greater Lodi Youth
Commission.
FILE NO. CC -2(q)
14. REGULAR CALENDAR
a) The City Council, on motion of Mayor Pennino, Davenport second,
unanimously tabled the matter regarding Adult Sports Fees and Charges
Schedule until the next City Council meeting. Further, the existing
fees for the fall baseball schedule are to be used. Once the fees
are approved, they will be in effect beginning next season
(presumably the basketball season).
Speaking on the matter were the following:
1. Terry Wisdom, 19690 Highway 99 (opposed);
2. Bob Johnson, Chairperson, Parks and Recreation Commission; and
3. Steve Stevenson, 445 Almond Drive, Lodi (opposed).
FILE NO. CC -40, CC -56 AND CC -300
b) The City Council, on motion of Council Member Snider, Mann second,
unanimously adopted Resolution No. 93-98 approving the use fees for
Zupo Field for non -athletic events or uses.
FILE NO. CC -27(c), CC -56 AND CC -300
c) Following discussion regarding the Mills Avenue Street Lights, the
City Council determined it would take no action regarding the matter.
Speaking on the subject were the following:
1. Joe and Barbara Fiori, 531 South Mills Avenue, Lodi; and
FILE NO. CC -6 AND CC -10(a)
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Continued August g, 1993
15. ORDINANCES
a) None.
16. MEETING TO CONTINUE FOLLOWING 11:00 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council needs a two-thirds vote
to continue with the meeting following the 11:00 p.m. hour. The City
Council, on motion of Council Member Davenport, Sieglock second,
determined that it would continue with the remainder of the meeting by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and Pennino (Mayor)
Noes: Council Members - Snider
Absent: Council Members - None
17. ACTION ON ITEMS REMOVED FROM CONSENT CALENDAR
a) The City Council, on motion of Council Member Sieglock, Mann second,
adopted Resolution No. 93-94 initiating the annexation/reorganization
proceedings for the Richards Ranch Addition located on the west side
of South Cherokee Lane and the east side of South Stockton Street
northerly of Harney Lane by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
Further, on motion of Council Member Sieglock, Pennino second, the
City Council closed debate on the matter by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -8(a) AND CC -300
b) The City Council, on motion of Mayor Pennino, Mann second,
unanimously adopted Resolution No. 93-95 awarding the contract for
Church Street Improvements, Kettleman Lane to Vine Street to Robert
Burns Construction in the amount of $204,620.55.
FILE N0, CC -12(a) AND CC -300
c) The City Council, on motion of Council Member Davenport, Sieglock
second, unanimously accepted the improvements under the "Poplar
Street Wastewater Pipe Improvement, Cherokee Lane to Central Avenue"
contract, and directed the Public works Director to file a Notice of
Completion with the County Recorder's Office.
FILE NO. CC -90
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Continued August g, 1993
d) The City Council, on motion of Council Member Mann, Davenport second,
determined it would not participate in the San Joaquin County
Contracts for the purchase of office supplies and computer paper and
directed staff to draw up specifications on the matter.
FILE NO. CC -12.1(c) AND CC -90
e) The City Council, on motion of Council Member Snider, Davenport
second, unanimously adopted Resolution No. 93-96 authorizing the
adjustment of the salary of Confidential employees effective the pay
period following July 1, 1993 and July 1, 1994.
FILE NO. CC -34 AND CC -300
18. CLOSED SESSION
The City Council adjourned to a Closed Session to discuss the following
matter:
a) Labor Relations
The City Council meeting reconvened at approximately 12:15 a.m.
FILE NO. CC -200(a)
19. ADJOURNMENT
There being no further business to come before the City Council, Mayor
Pennino adjourned the meeting at approximately 12:15 a.m.
ATTEST:
J niter, M. Perrin
City Clerk
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