HomeMy WebLinkAboutMinutes - October 20, 1993 (8)CITY OF LODI
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER 20, 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, City Clerk Perrin
and Deputy City Clerk Nicolini
2. INVOCATION
The invocation was given by Pastor Leo Duncan, Westside Assembly.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
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4. AWARDS/PROCLAMATIONS/PRESENTATIONS
a) Ray Hirning, President of the Lodi District Chamber of Commerce,
presented the Mayor with a check in the amount of $3,089.00 from its
Street Faire proceeds to pay for power pedestal on Oak Street between
School and Church Streets.
FILE NO. CC -7(k)
b) A request was made by Mr. Harold Klein for the annual placing of MIA
and POW ribbons along School Street between Locust Street and Lodi
Avenue during the week of November 7 - 14, 1993. Staff will be
working with Mr. Klein to take care of the appropriate forms/permits.
5. 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) Agenda item #E-1 entitled, "Claims - $1,510,221.89" was removed from
the Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
b) Agenda item 4E-2 entitled, "Minutes - October 6, 1993 (Regular
Meeting)" was removed from the Consent Calendar and discussed and
acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
1
Continued October 20, 1993
c) Set Public Hearing for November 17, 1993 to consider Helmle
Reorganization, including annexation to the City of Lodi and
detachment from certain districts as approved by the Local Agency
Formation Commission (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).
FILE NO. CC -8(a)
d) Adopted Resolution No. 93-129 completing the Richards Ranch
Reorganization, including annexation to the City of Lodi and
detachment from certain districts as approved by the Local Agency
Formation Commission (13737 and 13845 North Cherokee Lane - APN's
062-290-18 and 062-290-07 and 2250 North Stockton Street - APN
062-290-08).
FILE NO. CC -8(a) AND CC -300
e) Approved the specifications for bids for 33 Class 3 wood utility
poles and authorized advertisement for said bids.
FILE NO. CC -12.1(b)
f) Agenda item #E-6 entitled, "Specifications and advertisement for bids
for portable tow -type sweeper, Street Division" was removed from the
Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
g) Accepted the improvements under the "Kofu Park Handicap Walkway"
contract, and directed the Public Works Director to file a Notice of
Completion with the County Recorder's Office.
FILE NO. CC -90
h) Accepted the improvements under the "Stockton Street Improvements,
Lockeford Street to Turner Road" contract, and directed the Public
Works Director to file a Notice of Completion with the County
Recorder's Office.
FILE NO. CC -90
i) Agenda item 4E-9 entitled, "Acceptance of Excavation Improvements at
E -Basin (Westgate Park)" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda. (Removed by
Council Member Davenport.)
j) Adopted Resolution No. 93-131 authorizing the purchase of one Xerox
Model 5328ZTAS photocopier under terms of the Partnership and
Document Processing Agreement between the County of Los Angeles and
Xerox Corporation, for use in the Finance Department's Purchasing
Division, in the amount of $5,770.01.
FILE NO. CC -47 AND CC -300
k) Agenda item #E-11 entitled, "Renewal of workers' compensation claim
administration service agreement" was removed from the Consent
Calendar and discussed and acted upon at the end of the agenda.
(Removed by Council Member Davenport.)
1) Agenda item #E-12 entitled, "Approve agreements with Great Western
Bank for City of Lodi's Deferred Compensation Plan" was removed from
2
Continued October 20, 1993
the Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
m) Authorized the City Manager to execute an engineering contract for
the Mokelumne River bank project.
FILE NO. CC -27(a), CC -90 AND CC -184
6. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Sieglock introduced and welcomed Mr. Richard Jones,
the new Executive Director of the Lodi Boys and Girls Club.
1. Mr. Richard Jones informed the City Council and the public about
the Boys and Girls Club project called Halloween Safe House
which will be open on October 31, 1993 from 5:00 - 8:00 p.m. for
children to participate in fun and games, activities and to
receive safe candy for Halloween. Mr. Jones encouraged parents
to bring their children.
FILE NO. CC -6
b) Mayor Pennino announced that the Gourmet Sandwich Shop across the
street from the Carnegie Forum will be open during City Council
evenings from 7:00 - 10:00 p.m., and they have coffee, espresso,
desserts, etc. Mayor Pennino felt that this is a step in the right
direction in revitalizing downtown.
Mayor Pennino further announced that the week of October 23 - 31,
1993 will be "Red Ribbon Week" which encourages citizens to
participate in tobacco, alcohol and other drug prevention programs.
FILE NO. CC -37 AND CC -72
c) Council Member Davenport thanked everyone for coming to the meeting
and urged more people to attend the Shirtsleeve Sessions which are
held on Tuesday mornings. Mr. Davenport further commented on the
following matters: (1) the gang problem is still on-going, and we
need to try to solve it; (2) informed the public that the Finance
Department is going through many changes and that in the near future
the Council may be asked to reclassify certain positions; (3) relayed
complaints he has received about Dial -A -Ride taking up to two hours
for service which is a great concern to him; (4) encouraged public
input regarding the Capital Improvement Program which is scheduled
for Public Hearing at the November 3, 1993 regular City Council
meeting; (5) again suggested that factory outlets be considered for
the downtown area's revitalization as it would be a benefit to the
City; (6) expressed his concerns about the Beckman building and the
money being spent on it. Mr. Davenport would rather see the money
spent on making the required ADA changes; (7) stated for the record
that he felt that Mayor Pennino's statement and motion at the October
6, 1993 Council meeting was a violation of the Brown Act and feels
that it should have been posted on an agenda so that the public had
an opportunity to speak on the matter. Mr. Davenport further stated
he had a prepared statement in response to Mayor Pennino's October 6,
1993 statement (copy of which is on file in the City Clerk's office)
which is available for viewing for anyone concerned.
3
Continued October 20, 1993
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An update was given on the status of the Beckman building by City
Manager Peterson and Public Works Director Ronsko. Further, Mr.
McNatt made a response that he did not feel the motion taken at the
October 6, 1993 Council meeting violated the Brown Act.
Mr. Davenport expressed his opinion that the City Hall remodel
project has never been formally approved, and except for the ADA
requirements, the money would be better spent on a youth center.
FILE NO. CC -6, CC -15, CC -34, CC -50(b) AND CC -72
d) Council Member Mann expressed his opinion that he feels satisfied
with the City Attorney's ruling that the October 6, 1993 motion by
Mayor Pennino was not a violation of the Brown Act.
FILE NO. CC -6
7. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) City Manager Peterson asked Police Chief Hansen to publicly respond
to the allegations that were made public by Council Member Davenport
regarding Detective Tom Harper of the Lodi Police Department.
Prior to Chief Hansen's comments, Council Member Davenport objected
to Mr. Hansen speaking under "Comments by the public on non -agenda
items" segment because he is a City employee and speaking at the City
Manager's request. City Attorney McNatt informed the Council that
Mr. Hansen is a public employee and is also a citizen and has a right
to speak; however, no action can be taken.
Police Chief Hansen indicated that he has been investigating the
allegations made by Mr. Davenport at the October 6, 1993 Council
meeting regarding Detective Harper of the Lodi Police Department.
Mr. Harper has denied making the alleged early morning phone calls
and voluntarily took a lie detector test which resulted, in the
opinion of the conductor of the test, in truthful responses. The
computerized record of phone calls was also investigated.
FILE NO. CC -6
b) Jack Ronsko, Public works Director, informed the water customers that
beginning October 25, 1993 and lasting six to eight days there will
be a one time chlorination of the water system to run tests on the
water. Mr. Ronsko ensured the public that the water is safe and
there are no health problems. Some citizens may encounter a chlorine
taste in the water. To rid water of the taste, let it sit out over
night.
FILE NO. CC -6 AND CC -183(b)
c) George Newmarch, no address given, expressed his opposition to
adopting any policies regarding Council conduct and urged the Council
to discard this matter. Mr. Newmarch did say, however, that if the
Council does adopt such a policy, it should be imposed on both
Council and the Council appointees, and include, in part, conflicts
of interest, nepotism, rules on gifts and meals, laundering of
campaign contributions, etc. Mr. Newmarch further suggested that a
Mayor's Blue Ribbon Committee be formed to handle the matter.
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�OO/ Continued October 20, 1993
City Attorney McHatt responded that there currently are laws and/or
policies in effect that would take care of most or all of Mr.
Newmarch's concerns.
FILE NO. CC -6 AND CC -16
d) Cheryl Reinke, 420 Ravenwood Way, Lodi, made several responses to
Mayor Pennino's statement of October 6, 1993 and felt that adopting
any policies as Mayor Pennino suggests would be giving even more
power to the City Manager. Ms. Reinke went on to complain about the
alleged "Friends of Tom (F.O.T.) organization", the unsigned F.O.T.
letter that was mailed out to citizens, lemon drops and crowns (a
picture was shown of a crown placed on Mr. Peterson's credenza) and
expressed her disgust about this irresponsible and inexcusable
behavior.
City Manager Peterson again stated that he did not originate or
condone the alleged F.O.T. letter.
FILE NO. CC -6 AND CC -16
e) Cheryl Reinke with Citizens Watch Committee introduced Lydia Valdez,
no address given, who read a letter regarding the death of her
brother and the problems she has encountered with the Lodi Police
Department's investigation of the matter. Prior to reading the
letter, Mayor Pennino informed Ms. Valdez that he would like the City
Attorney to stop the comments if it looks like it may hurt the
current, on-going investigation of the case.
FILE NO. CC -6 AND CC -152
f) Rita Rott, 932 Sylvia Drive, Lodi, informed the public that the East
Side Cleanup Week is still in progress until Sunday, October 24,
1993, and encouraged everyone to participate by throwing out garbage
in any of the 25 free dumpsters that they have available.
FILE NO. CC -6
g) Dennis Cochran, 935 Coloma Street, Lodi, informed the Council that he
would still like to be placed on the agenda to discuss his graffiti
abatement proposal and that he will contact the City when he is ready
with his information. Mr. Cochran also stated that he felt the
release forms that the City has in its graffiti abatement program was
specifically designed against him.
FILE NO. CC -6 AND CC -13
h) Jean Davenport, 445 Almond Drive, #45, Lodi, responded to the earlier
statements made by Police Chief Hansen and stated that he had his
calls mixed up and had erroneous facts. Mrs. Davenport also stated
she would be willing to take a lie detector test. Mrs. Davenport
then gave the remainder of her five minutes to Lydia Valdez to
continue with her comments.
1. Lydia Valdez continued reading her letter regarding the death of
her brother. Ms. Valdez requested to know how the tips were
being handled and what were the rights of victims, and further
requested that Detective Fromm be removed from investigation of
the case.
-7
Continued October 20, 1993
Mayor Pennino suggested that she meet with the City Attorney to
discuss the matter.
FILE NO. CC -6 AND CC -152
i) Rick Pelton, 1538 Fawnhaven, Lodi, encouraged the City Council, staff
and the citizens of Lodi to work together as a team and not to take
sides, which can often ruin a community.
FILE NO. CC -6
8. 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 appeal
received from Steven J. Cottrell, Attorney, on behalf of Maurice O.
Ray, regarding Notice of Public Nuisance and Order to Abate issued by
the Chief Building Inspector regarding property located at 1201 North
Edgewood Drive, Lodi.
The Appellant requested that this matter be continued to the regular
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City Council meeting of December 15, 1993.
ACTION:
The City Council, on motion of Council Member Davenport, Snider
second, continued the public hearing regarding the appeal of Maurice
O. Ray to December 15, 1993.
FILE NO. CC -53(b)
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 continued Public Hearing to consider
Resolution/Order to Vacate the alley west of Washington Street, from
East Vine Street to 150.3 feet north of East Vine Street.
Hearing opened to the public
1. Jerry DeYoung, Deacon at Providence Reformed Church, 245 East
Vine Street, Lodi (support). Mr. DeYoung further read letters
from the following:
a) Lodi Church of God (Seventh Day), Lodi (support)
b) Eric B. Straub, 841 Washington Street, Lodi (support)
2. Bill Hrovat, 1556 Iris Drive, Lodi (opposed; however, willing to
work out an agreement); and
3. Frank Alegre, 2000 Edgewood Drive, Lodi (opposed).
Public portion of hearing closed
6
Continued October 20, 1993
ACTION:
Council Member Davenport made a motion to not abandon the alley, and
the motion died for lack of a second.
Further, the City Council, on motion of Council Member Sieglock,
Snider second, unanimously continued discussion of the matter to the
regular City Council meeting of November 3, 1993.
FILE NO. CC -6 AND CC -45(a)
9. RECESS
Mayor Pennino called for a ten-minute recess and the meeting reconvened at
approximately 9:32 p.m.
10. PUBLIC HEARINGS (Con'td.)
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 continued Public Hearing to consider
Resolution/Order to Vacate the alley north of East Lodi Avenue, from
Cherokee Lane to 280 feet west of Cherokee Lane.
Hearing opened to the public
1. Dick Neuman, 520 Virginia Avenue, Lodi (opposed, but later said
to "go ahead" with abandonment);
2. Paul and Sheryll Salsedo, 542 East Walnut Street, Lodi (support);
3. Arthur Veil, 11662 North Ham Lane #39, Lodi (support);
4. Rosemary Martinez, 2204 Newbury Circle, Lodi (opposed); and
5. Donald Firenze, ARCO, 5234 Appellate Court, Carmichael (opposed).
Public portion of hearing closed
ACTION:
The City Council, on motion of Council Member Sieglock, Davenport
second, unanimously continued discussion of this matter to the
regular City Council meeting of November 17, 1993.
FILE NO. CC -6 AND CC -45(a)
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 Snider, Pennino second,
unanimously rejected the following claims and referred them back to
ICA:
7
Continued October 20, 1993
1. Pearl E. Allen, date of loss 9/27/93
2. Luella Suckut, date of loss 9/30/93
FILE NO. CC -4(c)
b) City Clerk Perrin read the following ABC Licenses:
1. Anupam K. Sidhu, E1 Tokay, 10 East Tokay Street, Lodi, Off Sale
Beer and Wine, Person to Person Transfer; and
2. Beverly J. Vosburgh, B. J.'s, 548 South Sacramento Street, Lodi,
On Sale Beer and Wine Public Premises, Person to Person Transfer.
FILE NO. CC -7(f)
c) The following reports were presented to the City Council:
1. Planning Commission Report of October 11, 1993.
FILE NO. CC -35(c)
d) The City Council, on motion of Council Member Mann, Sieglock second,
unanimously directed the City Clerk to post for the following two
vacancies on the Greater Lodi Area Youth Commission:
GREATER LODI AREA YOUTH COMMISSION
Mary Fritts
Debra Parkins
FILE NO. CC -2(t)
e) Following receipt of letter received from Mr. Jonathan L. Cope
regarding reclamation of Lodi Lake, the City Council referred the
matter to staff and to the Parks and Recreation Commission for
discussion and review.
FILE NO. CC -2(h) AND CC -27(a)
12. RECESS
Mayor Pennino declared a ten-minute recess and the City Council meeting
reconvened at approximately 10:40 p.m.
13. REGULAR CALENDAR
a) The City Council, on motion of Council Member Sieglock, Snider
second, adopted Resolution No. 93-133 approving the schedule of
non-resident fees for sports activities by the following vote:
Ayes: Council Members - Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport and Mann
Absent: Council Members - None
8
Continued October 20, 1993
Speaking on the matter were the following persons:
1.
Terry Wisdom,
19690 Highway 99, Acampo
(opposed);
2.
Diana Slawson,
P.O. Box 2441, Clements
(support);
3.
Frank Alegre,
2000 Edgewood Drive, Lodi
(support);
4.
Debra Miller,
P.O. Box 1316, Lockeford
(support); and
5.
Bob Johnson, Chairman,
Parks and Recreation Commission.
FILE NO. CC -40, CC -56 AND CC -300
14. MEETING TO CONTINUE FOLLOWING 11:00 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council, on motion of Council
Member Davenport, Pennino second, unanimously voted to continue with the
remainder of the meeting following the 11:00 p.m. hour.
Y
15. REGULAR CALENDAR (Con'td.)
a) The City Council received a report by Mike Nilssen, Life Medical
Industries, regarding the ambulance company merger.
FILE NO. CC -6 AND CC -22(d)
b) Following discussion regarding the City-wide Efficiency Study
Committee, Council Member Mann made a motion to approve a $1,000
stipend from the Contingent Fund to each appointed committee member
upon successful completion of the study. The motion died for lack of
a second.
Further the City Council, on motion of Mayor Pennino, Davenport
second, unanimously tabled the matter until the regular City Council
meeting of November 3, 1993 so that formalized guidelines regarding
the Committee may be adopted.
FILE NO. CC -2(a) AND CC -6
c) The City Council, on motion of Council Member Mann, Sieglock second,
approved the revised Storm Drainage Agreement between the Woodbridge
Irrigation District and the City and authorized the City Manager to
execute the agreement and appropriate an additional $13,056.00 to the
Storm Drain Maintenance Account by the following vote:
Ayes: Council Members - Mann, Sieglock and Snider
Noes: Council Members - Davenport and Pennino (Mayor)
Absent: Council Members - None
Speaking in favor of the matter was Anders Christensen with the
Woodbridge Irrigation District.
FILE NO. CC -90 AND CC -176
Continued October 20, 1993
- d) The City Council received a report from the Finance Director
regarding the Teeter Plan (property tax distribution). Mayor Pennino
made a motion to table the matter until further information was
received. The motion died for lack of a second.
Council Member Davenport made a motion to not adopt the Teeter Plan.
The motion died for lack of a second.
Further, on motion of Council Member Snider, Pennino second, the City
Council tabled the matter until November 3, 1993 for further
information, 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 AND CC -21(a)
e) The City Council, on motion of Council Member Mann, Snider second,
authorized the staff to hire a college intern to assist with economic
development projects for one college semester by the following vote:
Ayes: Council Members - Mann, Snider and Pennino (Mayor)
Noes: Council Members - Davenport and Sieglock
Absent: Council Members - None
FILE NO. CC -34 AND CC -400
16. ORDINANCES
None.
17. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Davenport, Pennino
second, approved the claims in the amount of $1,510,221.89 and
directed staff to create a separate line item specifically for
refuse/garbage by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock and Pennino
(Mayor)
Noes: Council Members - Snider
Absent: Council Members - None
FILE NO. CC -21(a)
b) The City Council, on motion of Council Member Davenport, Snider
second, unanimously adopted the regular minutes of October 6, 1993
with the addition of language regarding Mr. Davenport's opposition to
the motion that was made to direct the City Attorney to research
policies and rules for Council conduct and to return to the City
Council with information for discussion and possible action.
10
Continued October 20, 1993
Further, Council Member Davenport filed with the City Clerk for the
officials records, a memorandum directed to the Council Members in
regards to Mayor Pennino's October 6, 1993 letter (copy of which is
on file in the City Clerk's office).
FILE NO. CC-i(b)
c) The City Council, on motion of Council Member Davenport, Snider
second, unanimously approved the specifications for a portable
tow -type sweeper and authorized the advertising for bids.
FILE NO. CC -12.1(b)
d) The City Council, on motion of Mayor Pennino, Davenport second,
unanimously adopted Resolution No. 93-130 accepting the excavation
improvements for E -Basin (Westgate Park).
FILE NO. CC -90 AND CC -300
e) The City Council, on motion of Council Member Mann, Pennino second,
unanimously approved the renewal of the workers' compensation claim
administration service agreement with Associated Claims Management
Inc. and further directed that staff look into the possibility next
year of providing this service in-house.
FILE NO. CC -90
f) Following discussion regarding the agreements with Great Western Bank
for the City of Lodi's Deferred Compensation Plan, Council Member
Davenport made a motion to table the matter until the next meeting.
The motion died for lack of a second.
Further the City Council, on motion of Mayor Pennino, Mann second,
adopted Resolution No. 93-132 authorizing the City Manager to execute
the agreements with Great Western Bank for the City's Deferred
Compensation Plan by the following vote:
Ayes: Council Members - Mann, Sieglock, Snider and Pennino (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -90 AND CC -300
18. CLOSED SESSION
The City Council adjourned to a Closed Session to discuss the following
matters:
a) Property acquisition - property located at 400 Beckman Road, Lodi
(Minton Building)
b) Threatened litigation - Debra Watson v. City of Lodi
The City Council meeting reconvened at approximately 1:16 a.m.
FILE NO. CC -200(c) AND CC -200(d)
11
E
Continued October 20, 1993
19. ADJOURNMENT
There being no further business to come before the City Council, Mayor
Pennino adjourned the meeting at approximately 1:16 a.m., October 21, 1993.
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ATTEST: ( ��
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�nifePerrin
City Clerk