HomeMy WebLinkAboutMinutes - August 18, 1993°sysf�'
CITY OF LODI
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 18, 1993
7:00 P.M.
1. ROLL CALL
Present: Council Members - Davenport, Sieglock, Snider, and Pennino
(Mayor)
Absent: Council Members - Mann
Also Present: City Manager Peterson, Assistant City Manager Glenn,
Community Development Director Schroeder, Public Works
Director Ronsko, City Attorney McNatt, and City Clerk Perrin
2. INVOCATION
The invocation was given by Father Murty Fahy, St. Anne's Catholic Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
4. AWARDS/PROCLAMATIONS/PRESENTATIONS
a) A report was given by Ray Hirning, President, Lodi District Chamber
of Commerce, regarding current activities and programs.
FILE NO. CC -7(k)
b) A report was given by Leon Zimmerman of the Joint Lodi District
Chamber of Commerce and City of Lodi Economic Development Task Force
regarding its progress and accomplishments.
FILE NO. CC -7(k)
c) Mike Reese, Tournament Chairman, announced the winners of the Mayor's
Golf Tournament. Those in attendance were Janice Prudehl, winner of
the Women's Low Gross; Theresa Essin, winner of the Women's Low
Peoria; and Ted Parker, Mayor's Cup Champion.
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council,
on motion of Council Member Sieglock, Snider second, approved the
following items hereinafter set forth except those otherwise noted.
a) Claims were approved in the amount of $1,376,037.89.
FILE NO. CC -21(a)
b) The Minutes of July 7, 1993 (Regular Meeting), July 21, 1993 (Regular
Meeting) and August 4, 1993 (Regular Meeting) were approved as
written.
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3apV Continued August 18, 1993
c)
Adopted
Resolution No. 93-99 initiating the annexation/reorganization
proceedings for the Sproul Addition at 5909 and 6161 East State Route
12 (APN's 049-040-07 and 049-130-22).
FILE NO.
CC -8(a) AND CC -300
d)
Approved
the plans and specifications for bids for construction of
electric
substructures and authorized the advertisement for said bids.
FILE NO.
CC -12.1(a)
e)
Approved
the specifications for bids for stock computer paper for
Fiscal Year 1993/94 and authorized the advertisement for said bids.
FILE NO.
CC -12.1(c)
f)
Approved
the specifications for bids for the purchase of fourteen
concrete
underground vaults, complete with lids and extension rings
for installation at various locations within the City and authorized
the advertisement for said bids.
FILE NO.
CC -12.1(c)
g) Agenda item #E-7 entitled, "Acceptance of Improvements under
Underground Fuel Storage Tank Removal, 125 North Stockton Street,
contract" 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, "Improvement Agreement Addendum for Lodi
West, Unit No. 1, Tract No. 1904" was removed from the Consent
Calendar and discussed and acted upon at the end of the agenda.
(Removed by Council Member Davenport.)
i) Adopted Resolution No. 93-100 awarding the contract for Traffic
Signal and Lighting Installation, Turner Road and Lower Sacramento
Road/Woodhaven Lane to Richard Heaps Electric in the amount of
$117,290.00, appropriated $35,000.00 from the Street Development
Impact Mitigation Fee Fund and reappropriated funds for this project
which were originally appropriated with the Kettleman Lane/Central
Avenue and Turner Road/Stockton Street signal project.
FILE NO. CC -12(a), CC -48(h) AND CC -300
j) Agenda item #E-10 entitled, "Contract Change Orders #5 and #6 and
Acceptance of Improvements under Hale Park Improvements, 208 East
Locust Street, contract" 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, "San Joaquin County Operational Area
Agreement" was removed from the Consent Calendar and discussed and
acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
1) Authorized the City Manager to sign the Amendment for Hazardous
Materials Team Within San Joaquin County (HAZMAT) Agreement
(amendment - addition of California Department of Transportation as a
party).
FILE NO. CC -24(b) AND CC -90
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Continued August 18, 1993
m) Agenda item #E-13 entitled, "'No Parking' on Kettleman Lane (State
Highway 12) west of Ham Lane at Wine Country Plaza and at Sacramento
Savings Bank" was removed from the Consent Calendar and discussed and
acted upon immediately following the approval of the Consent
Calendar. (Removed by Mayor Pennino.)
n) Agenda item #E-14 entitled, "Traffic Resolution amendment - Lincoln
Avenue and Louie Avenue, intersection control" was removed from the
Consent Calendar and discussed and acted upon immediately following
the approval of the Consent Calendar. (Removed by Mayor Pennino.)
o) Adopted Resolution No. 93-103 amending the Traffic Resolution No.
87-163 by approving a 30 -minute parking restriction on the west side
of Stockton Street from Locust Street to the alley, in front of the
Parks and Recreation Department building. These restrictions would
be in effect between the hours of 8 a.m. and 5 p.m., except for
Saturdays, Sundays, and holidays.
FILE NO. CC -48(k), CC -150 AND CC -300
P) Agenda item #E-16 entitled, "Resolution of the City Council of Lodi
in support of acquiring and utilizing the Southern Pacific depot in
downtown Lodi for a transit facility in a multi -modal transportation
system" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Davenport.)
q) Adopted Resolution No. 93-105 authorizing the Mayor to sign the Urban
County Cooperation Agreement which establishes the basis for the
distribution of Community Development Block Grant and HOME funds.
(At the meeting of July 7, 1993, the City Council authorized the
Mayor to sign the agreement by motion action. San Joaquin County
would like the authorization done by Resolution.)
FILE NO. CC -55, CC -90 AND CC -300
6. APPROVAL OF CONSENT CALENDAR ITEMS #13 AND #14
a) The City Council, on motion of Council Member Davenport, Snider
second, unanimously adopted Resolution No. 93-101 approving the
installation of "no parking" zones on Kettleman Lane (State Highway
12) 25' immediately adjacent to the west side of the two driveways
servicing Wine Country Plaza and Sacramento Savings Bank.
The following persons spoke regarding the matter:
1. Jerry White, 8421 Auburn Boulevard #145, Citrus Heights;
2. Sam Taylor, 717 Atherton Drive, Lodi, owner of Angelinas
Restaurant;
3. Frank Alegre, 2000 Edgewood Drive, Lodi;
4. Larry Harris, 339 Louie Avenue, Lodi; and
5. Dorean Rice, 1420 West Kettleman Lane, Lodi.
FILE NO. CC -48(e), CC -150 AND CC -300
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Continued August 18, 1993
b) The City Council, on motion of Council Member Snider, Sieglock
second, unanimously adopted Resolution No. 93-102 amending the
Traffic Resolution No. 87-163 to approve conversion from "yield"
signs to "stop" signs on Lincoln Avenue at Louie Avenue.
Speaking on the matter was Amber Harris, 339 Louie Avenue, Lodi.
FILE NO. CC -48(h) AND CC -300
7. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Mayor Pennino commended Janet Keeter, Economic Development
Coordinator, for her work on arranging the Downtown Revitalization
Symposium which was held on August 5, 1993. Mr. Pennino felt this
was a step in the right direction to revitalizing the downtown area,
and also assured the Cherokee Lane businesses that they will not be
overlooked.
Mayor Pennino further extended a farewell to Frank Musgrove, Lodi
King videocable Company, who will be leaving for San Diego to attend
school.
FILE NO. CC -72 AND CC -400
b) Council Member Sieglock commented on the relocation of the golf
driving range and hoped that the City could offer Mr. Choo a longer
lease plan than five years. Mr. Sieglock also expressed a fond
farewell to Vera Crete, Legal Secretary for the City of Lodi, who
will be retiring shortly. Council Member Sieglock recognized General
Mills for the many local and county charities it donates to
throughout the years. Further, Mr. Sieglock commented on the
excellent presentation by Michael Freedman with Freedman, Tung and
Bottomley regarding the Downtown Revitalization Symposium.
FILE NO. CC -6, CC -72 AND CC -400
c) Council Member Davenport made comments on several matters: (1)
expressed concerns regarding the amount of paper that the City of
Lodi uses, and suggested that each department reduce it usage; (2)
informed the public that the East Side Improvement Committee is
interested in implementing an ordinance regarding a curfew for the
youth of Lodi; (3) commended the Lodi District Chamber of Commerce on
the success of its membership drive; (4) informed the public that an
ordinance has been drafted for Council's consideration regarding
massage parlors, and urged those interested to contact the City
Attorney's office; (5) commented on the Water Conservation Program
which was discussed at length at the Shirtsleeve Session of August
17, 1993. Mr. Davenport would like to see the usage of volunteers to
patrol Lodi for water violators; (6) informed the public of the Hale
Park Dedication which will be held on Saturday, August 21, 1993, and
urged the public to attend; (7) made several comments regarding
Richards Ranch and the procedure for annexations. Mr. Davenport
feels that there are some inconsistencies and that staff needs to be
more accurate when dealing with annexations; (8) expressed his
concerns regarding the Personnel Board of Review and felt that the
City Council should take a look at it in the future; (9) commented on
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Continued August 18, 1993
a
the claim that appeared on the agenda under Communications (claimant
is a City of Lodi employee) and expressed his feeling that the
Council needs to look at how grievances and employee problems are
being handled; and (10) made several comments regarding the recall
and the "misrepresentations" by the signature gatherers and informed
the public that he made a "Citizen's Arrest" at K -Mart.
FILE NO. CC -2(f), CC -2(s), CC -6, CC -8(a), CC -18 AND CC -183(d)
d) Mayor Pennino asked staff to research the possibility of using Pixley
Park as a location for the golf driving range.
FILE NO. CC -6
e) Council Member Davenport urged staff to look at the setback
requirements of any possible new locations to ensure that we do not
run into the same problems that were encountered at the previous
location.
FILE NO. CC -6
f) Mayor Pennino reminded the public that there are still vacancies on
the Gang Alternative Project and the San Joaquin County Council of
Governments (COG) Citizens' Advisory Commission. Anyone interested
in filling out an application should contact the City Clerk's office.
FILE NO. CC -2(a) AND CC -2(q)
8. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Harry Thomas, 17 North Central Avenue, Lodi, presented a letter to
the City Council (which is on file in the City Clerk's office)
expressing his opposition to the North American Free Trade Agreement
and informed the public that he is circulating petitions to send to
Congress to stop this effort.
FILE NO. CC -6 AND CC -16
b) Ken Owen, 10908 North Micke Grove Road, Lodi, Christian Community
Concerns, invited the public to attend Celebration Day, Saturday,
August 21, 1993 from 10:00 - 5:00 p.m. at the Lodi Grape Bowl
amphitheater. There will be performances, music, children's games,
ministry booths, and concession stands. Parking and admission is
free. The theme this year is "Jesus Loves You and Me".
c) George Newmarch, P.O. Box 355, Lodi, expressed his dissatisfaction
with the City of Lodi 911 System. The City Manager was directed to
contact Mr. Newmarch to discuss the matter.
FILE NO. CC -16
d) Larry Harris, 339 Louie Avenue, Lodi, offered to paint the wall
around Lodi Lake, along with another company, at no charge to the
City. Mr. Harris will be contacted shortly by staff to discuss the
matter.
FILE NO. CC -6
e) Virginia Rhodes, 15841 Moore Road, Lodi, made several comments
regarding the recall and the collection of signatures on the
petitions. Ms. Rhodes was assisting the Committee to Recall
Davenport in circulating petitions and now apologizes for doing so
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Continued August 18, 1993
because she was allegedly given incorrect information that she was
passing on to people who were signing the petitions.
FILE NO. CC -6, CC -16 AND CC -18
f) Tom Preszler, 530 Calaveras Street, also made comments regarding the
recall and the collection of signatures.
FILE NO. CC -6, CC -16 AND CC -18
g) Ted Gonzales, Stockton City Council Member, 1245 North Wilson Way,
Stockton, representing the Graffiti Abatement Society, asked that a
future meeting with the Lodi City Council be arranged to discuss ways
of keeping Lodi clean from graffiti.
Council Member Sieglock informed Mr. Gonzalez of Lodi's desire to
meet with the Stockton City Council to discuss the Stockton General
Plan and asked if he would be willing to do so.
FILE NO. CC -6 AND CC -35(a)
h) Cheryl Reinke, 420 Ravenwood Way, Lodi, informed the City Council
that Virginia Rhodes was the person who was placed under "Citizen's
Arrest" by Council Member Davenport. She also stated that Ms. Rhodes
lives in the County; however, Dave Vance (the firm hired by the
Committee to Recall Davenport to collect signatures) listed her as a
Lodian.
FILE 140. CC -6, CC -16 AND CC -18
i) Dave Vance, 1231 West Robinhood, Stockton, assured the public that he
does not allow misrepresentation among his circulators as many of the
speakers before had alleged. Mr. Vance read to Council Member
Davenport two sections from the Elections Code regarding threats and
harassment of petition circulators.
Council Member Snider strongly urged that any and all discussion
regarding the recall not be made at the Council Chambers.
FILE NO. CC -6, CC -16 AND CC -18
j) Frank Alegre, 2000 Edgewood Drive, Lodi, requested clarification on
who can speak at a City Council meeting.
City Attorney McNatt replied that anyone can speak at a City Council
meeting, regardless of whether or not they reside in the City.
FILE NO. CC -16
k) Jeff Kirst, 109 River Meadows Drive, Lodi, corrected several of the
earlier comments that incorrectly used his name instead of Jerry
Kirsten.
9. PUBLIC HEARINGS
a) None.
Continued August 18, 1993
10. 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 Mayor Pennino, Snider second, rejected the
following claim and referred it back to ICA:
1. Craig C. Gilbert, date of loss 5/26/93
FILE NO. CC -4(c)
b) The following report was presented to the City Council:
1. Planning Commission Report of August 9, 1993
FILE NO. CC -35(c)
c) Marty Yoder, 101 East Lodi Avenue, Lodi; Pat Sherman, 708 Reisling,
Lodi; and Bob Lonza, 1801 Amber Leaf Way, Lodi presented a report
regarding pet fair and pet licensing fees. This matter will be
brought back at a future Council meeting.
FILE NO. CC -56 AND CC -65
11. RECESS
Mayor Pennino called for a ten-minute recess and the City Council meeting
reconvened at approximately 9:20 p.m.
12. REGULAR CALENDAR
a) The City Council, on motion of Council Member Sieglock, Snider
second, unanimously adopted Resolution No. 93-106 approving the Adult
Sports Fees and Charges schedule as recommended by the Parks and
Recreation Commission.
Speaking on the matter were the following persons:
1. Terry Wisdom, 19690 Highway 99, Acampo;
2. Dan Gruber, 649 Roper Avenue, Lodi;
3. Frank Alegre, 2000 Edgewood Drive, Lodi; and
4. Gary Kiedrowski, 1117 West Locust Street, Lodi, representing the
Adult Sports Advisory Board.
FILE NO. CC -40 AD CC -56
b) Agenda item #J-2 entitled, "Report on golf driving range relocation"
was continued to the meeting of September 1, 1993 per the request of
Mr. Kenneth Chao.
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J Continued August 18, 1993
c) The City Council, on motion of Council Member Snider, Sieglock
second, unanimously introduced Ordinance No. 1584 implementing a rate
credit of 4 mills per kilowatt-hour for electric customers with
demands of one megawatt or more, effective September 1, 1993, which
will be reviewed January 1995.
FILE NO. CC -51(d) AND CC -149
d) Following discussion regarding the request from Bennett & Compton
made on behalf of Towne Ranch Associates, developer of the Towne
Ranch subdivision, regarding the reverse frontage fence along Lower
Sacramento Road, the City Council, on motion of Council Member
Snider, Sieglock second, unanimously tabled the matter for further
information on costs for maintenance of the fence.
FILE NO. CC -6
13. RECESS
Mayor Pennino called for a ten-minute recess, and the City Council meeting
reconvened at approximately 10:57 p.m.
14. EMERGENCY ITEM ADDED TO THE AGENDA
The City Council, on motion of Council Member Snider, Pennino second,
determined that the need arose following the preparation of the agenda to
hear the matter regarding plans and specifications for Public Safety
building air -conditioner replacement by the following vote:
Ayes: Council Members - Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - Mann
Further, the City Council, on motion of Council Member Sieglock, Pennino
second, unanimously determined it would hear the matter regarding
authorization to retain consultant to prepare plans and specifications for
Public Safety building air -conditioner replacement.
ACTION:
The City Council, on motion of Council Member Snider, Pennino second,
unanimously approved retaining Wenell Mattheis Bowe for the preparation of
plans and specifications to replace the existing Public Safety Building
air-conditioning chillers.
FILE NO. CC -12.1(c) AND CC -90
15. MEETING TO CONTINUE FOLLOWING THE 11:00 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council, on motion of Council
Member Davenport, Pennino second, determined it would continue with the
remainder of the meeting following the 11:00 p.m. hour by the following
vote:
Ayes: Council Members - Davenport, Sieglock and Pennino (Mayor)
Noes: Council Members - Snider
Absent: Council Members - Mann
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Continued August 18, 1993
16. ORDINANCES
a) Ordinance No. 1583 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 5909 and 6161 East State Route 12
(APN's 049-040-07 and 040-130-22) M-1, Light Industrial" having been
introduced at a regular meeting of the Lodi City Council held August
4, 1993 was brought up for passage on motion of Council Member
Sieglock, Pennino 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, Sieglock, Snider and Pennino
(Mayor)
Noes: Council Members - None
Absent: Council Members - Mann
FILE NO. CC -53(a) AND CC -149
17. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Sieglock, Snider
second, unanimously accepted the improvements under the "Underground
Fuel Storage Tank Removal, 125 North Stockton Street" contract, and
directed the Public works Director to file a Notice of Completion
with the County Recorder's office.
FILE NO. CC -90
b) The City Council, on motion of Council Member Davenport, Snider
second, unanimously approved the Improvement Agreement Addendum for
Lodi West, Unit No. 1, Tract No. 1904 (subject to verification of the
figure for unreimbursed engineering and administrative fees for
oversize water mains), authorized the City Manager to execute the
Agreement, appropriated the necessary funds from the Street
Development Impact Mitigation Fee Fund and authorized the Finance
Director to make the necessary refunds for engineering and inspection
fees.
FILE NO. CC -90
c) The City Council, on motion of Council Member Davenport, Pennino
second, unanimously received Contract Change Orders #5 and #6 and
accepted the improvements under the "Hale Park Improvements, 208 East
Locust Street" contract (following receipt of properly executed
Contract Change Order #6), and directed the Public Works Director to
file a Notice of Completion with the County Recorder's office.
FILE NO. CC -90
d) The City Council, on motion of Mayor Pennino, Davenport second,
unanimously authorized the City Manager to sign the San Joaquin
County Operational Area Agreement.
FILE NO. CC -90
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Continued August 18, 1993
e) The City Council, on motion of Council Member Davenport, Pennino
second, unanimously adopted Resolution No. 93-104 entitled, "A
Resolution of the Lodi City Council in Support of Acquiring and
Utilizing the Southern Pacific Depot in Downtown Lodi for a Transit
Facility in a Multi -Modal Transportation System".
FILE NO. CC -?(h) AND CC -50(a)
18. CLOSED SESSION
The City Council adjourned to Closed Session to discuss the following
matters:
a) Personnel - Continued City Clerk Evaluation
b) Dibromochloropropane (DBCP) Litigation
The City Council meeting reconvened at approximately 11:50 p.m.
FILE NO. CC -200(b) AND CC -200(d)
19. ADJOURNMENT
There being no further business to come before the City Council, Mayor
Pennino adjourned the meeting at approximately 11:50 p.m.
ATTEST:
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