HomeMy WebLinkAboutMinutes - November 17, 1993,1 CITY OF LODI
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 17, 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
2. INVOCATION
The invocation was given by Pastor Lee Hamby, Temple Baptist Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pennino.
4. AWARDS/PROCLAMATIONS/PRESENTATIONS
a) Mayor Pennino presented a proclamation to Paula Soto and Tony
Castellon of the Lodi Community Service Center announcing the kickoff
of this year's "Mayor's Annual Holiday Child Share Program". Barrels
will be placed around the City of Lodi collecting donations, and
anyone interested is encouraged to call the Lodi Community Service
Center at 331-7516. Further, Mayor Pennino presented an art set as a
donation to the program.
FILE NO. CC -37
b) Mayor Pennino presented the Parks and Recreation Commission with the
Outstanding Board -Commission Award which it received October 23, 1993
from the National Recreation and Parks Association.
FILE NO. CC -2(h)
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council,
on motion of Council Member Snider, Sieglock second, unanimously approved
the following items hereinafter set forth except those otherwise noted.
a) Claims were approved in the amount of $1,366,850.38.
FILE NO. CC -21(a)
b) The Minutes of November 3, 1993 (Regular Meeting) were approved as
written.
C) Adopted Resolution No. 93-148 accepting the development improvements
for Towne Ranch, Unit 1, Tract No. 2050.
FILE NO. CC -46, CC -300
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Continued November 17, 1993
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d) Accepted the improvements under the "Eastaide Lighting Program"
contract and directed the Public Works Director to file a Notice of
Completion with the County Recorder's office.
FILE NO. CC -90
e) Accepted the improvements under the "Asphalt Pavement Overlays, Tokay
Street, Church Street to Fairmont Avenue, and Houston Lane, Pine
Street to victor Road" contract, and directed the Public Works
Director to file a Notice of Completion with the County Recorder's
Office.
FILE NO. CC -90
f) Adopted Resolution No. 93-137 approving the purchase of a portable
tow type sweeper for the Street Division from Edward R. Bacon
Company, Inc. of Sacramento, California, the low bidder, in the
amount of $7,797.87.
FILE NO. CC -47, CC -20, CC -300
g) Adopted Resolution No. 93-138 authorizing the purchase of one 1200
KVAR capacitor bank and four controllers to the low bidders in each
category, as follows:
Bidder Item Price Incl. Tax
G. E. Supply, Co. 1200 KVAR Capacitor Bank $3,601.01
Sacramento
Excel Electrical Supply Controllers (4) $33.870.38
Sacramento
Total $7,471.39
FILE NO. CC -47, CC -20, CC -300
h) Adopted Resolution No. 93-139 awarding the bid for the purchase of 33
Class 3 wood utility poles to the low bidder, North Pacific Lumber
Company of Portland, Oregon, in the amount of $12,083.09.
FILE NO. CC -12(d), CC -300
i) Agenda item #E-9 entitled, "Renewal of Insurance Consulting
Associates (ICA) 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.)
j) Agenda item #E-10 entitled, "Approve contract with Western States
Administrators to administer Flexible Spending Account Plan" was
removed from the Consent Calendar and discussed following the
adoption of the Consent Calendar. (Removed by Mayor Pennino due to
public interest.)
k) Agenda item #E-11 entitled, "Approve 'reclassification of one
Engineering Technician I/II position to Senior Engineering
Technician" 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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1�1 Continued November 17, 1993
1) Agenda item #E-12 entitled, "Approve reorganization and reallocation
of one Personnel Technician to Administrative Clerk II" was removed
from the Consent Calendar and discussed and acted upon at the end of
the agenda. (Removed by Council Member Davenport.)
M) Set public hearings for December 15, 1993 at 10:00 a.m. and 7:00 p.m.
regarding unmet transit needs.
FILE NO. CC -50(b)
n) Authorized free Dial -A -Ride service on New Year's Eve from 7:00 p.m.
to 3:00 a.m.
FILE NO. CC -50(b)
6. ACTION ON CONSENT CALENDAR ITEM #E-10
The City Council, on motion of Council Member Davenport, Mann second,
unanimously approved the contract to authorize Western States
Administrators to administer the Flexible Spending Account Plan.
Speaking on the matter was Dave Baxter, American Family Life Insurance
(AFLIC), Columbus, Georgia, whose company had submitted a proposal
(opposed to Western States proposal).
FILE NO. CC -90, CC -300, CC -34
7. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Mann complimented Rock 104 for removing its offensive
billboard on Turner Road. Mayor Pennino informed Council Member Mann
that it appears that the billboard has been moved to Lodi Avenue.
Council Member Mann then withdrew his compliment to the radio station.
FILE NO. CC -6
b) Council Member Sieglock informed the public that the City is
accepting applications for the City -Wide Efficiency Study Committee
and encouraged the public to apply by the deadline of Friday,
November 19, 1993. Anyone interested should contact the City Clerk's
office at 333-6702.
Further, Council Member Sieglock pointed out that the anti -loitering
ordinance was on the agenda for adoption and commended the Lodi
Academy and Tokay High schools for taking the time to review the
ordinance and recognizing that it is a good thing.
FILE NO. CC -2(a), CC -6
c) Council Member Davenport encouraged more people to attend the
Shirtsleeve Sessions on Tuesday mornings and suggested the
possibility of changing the morning meetings to evening meetings.
Council Member Davenport further commented on the following matters:
(1) He recently attended the Leadership Lodi graduation and had the
opportunity to greet Mayor Serna from Sacramento and encouraged the
graduates of this program to attend the Council meetings; (2)
Continued November 17, 1993
Attention still needs to be given to the gang situation; (3) Received
a complaint regarding a blind intersection at Harney Lane and
Stockton Street, which is a County -maintained area, and encouraged
people to contact County Supervisor George Barber; (4) Again
requested information on grievances and Walmart impact fees; (5)
Suggested that a letter of appreciation be sent to Perfecto Munoz for
the time he served on the Gang Alternative Project (GAP); (6)
Informed the citizen who complained about an offensive sign displayed
at City Hall that the matter had been resolved; (7) Informed the
public that the City Council will be discussing Administrative Leave,
overtime and bidding procedures at a future Council meeting; (8)
Commented that he feels the budget is not balanced and that it is
being worked on; (9) Informed the public that negotiations are
currently in process with the International Brotherhood of Electrical
Workers (IBEW) unit; (10) Sent his best wishes to Captain Jerry Adams
of the Lodi Police Department who is home recovering from an illness;
(11) Informed the public that on December 1, 1993 the Lodi City
Council will be reorganizing, appointing a new Mayor and Mayor Pro
Tempore; (12) Suggested that a phone number be set up so that
citizens may call with suggestions on reducing waste in the City
which may help with the efficiency study; (13) Commented that SMUD
has done away with its radios in their vehicles, and is instead using
cellular phones at a cheaper rate which the City should look into;
(14) Suggested that standards be set on employee evaluations; (15)
Informed the public that at the Shirtsleeve Session of November 23,
1993, the City Council will be discussing mission statements of the
various City departments and the City Council; and (16) briefly
commented on the North American Free Trade Agreement (NAFTA).
FILE NO. CC -6, 2(q), 21(b)
d) Mayor Pennino asked the City Manager to forward Council Member
Davenport the information that the City Council received a couple
years ago from the County regarding the intersection at Stockton
Street and Harney Lane. Mr. Pennino also informed Council Member
Davenport that a letter had gone to Perfecto Munoz thanking him for
his time and efforts on the Gang Alternative Project (GAP). Further,
Mayor Pennino informed the public that four of the five Council
Members have voice mail, and he encouraged people to give their input
by calling in.
FILE NO. CC -6, 2(q)
e) Council Member Davenport informed the public that he does not have
voice mail at the City; however, he encouraged citizens to contact
him at home or at his business. The number can be found by calling
the City Clerk's office at 333-6702.
8. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Les Dabritz, Lodi District Chamber of Commerce, stated that the
Chamber would be willing to place a barrel in front of its business
for the Mayor's Annual Child Share Program. Further, Mr. Dabritz
invited the City Council and the citizens of Lodi to attend a
breakfast it is hosting at the Tokay Bowl with Assemblyman Larry
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Continued November 17, 1993
Bowler. Tickets are $10 for
non-members. Anyone interested is
of Commerce at 367-7840.
FILE NO. CC -7(k)
Chamber members and $12 for
encouraged to contact the Chamber
b) Naomi McCallum. Carey, 402 West Oak Street, Lodi, presented the City
Council with a book by Ms. Carey entitled, "Mountain Men to
Astronauts, A History of Lodi". The publication is a reprint from
the original centennial publication and is on sale at local
bookstores. Ms. Carey requested a proclamation to celebrate August
25, 1994 as the 125 Anniversary of the founding of Lodi.
FILE NO. CC -121
c) George Newmarch, no address given, requested that the City Council
look into changing the day that the City Council meetings are held.
Wednesdays preclude some of the local pastors from attending because
of church services. Mr. Newmarch suggested that a survey be done
with the local citizens asking which days are better to conduct such
meetings.
FILE NO. CC -6, CC -16
9. 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 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).
Due to a possible conflict of interest in the matter, Council Member
Snider abstained from discussion and voting on this matter.
Hearing OQened To The Public
1. Jeff Kirst, 109 River Meadows Drive, Lodi (support).
Public Portion Of Hearing Closed
ACTION:
The City Council, on motion of Council Member Sieglock, Davenport
second, adopted Resolution No. 93-144 ordering the Helmle
Reorganization, including annexation to the City of Lodi and
detachment from certain districts as approved by LAFCO (bounded by
the Woodbridge Irrigation Canal on the north and east; Kettleman
Lane --State Route 12 --on the south and Lower Sacramento Road on the
west) by the following vote:
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Continued November 17, 1993
Ayes:
Council
Members
- Davenport, Mann, Sieglock and Pennino
(Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- None
Abstain:
Council
Members
- Snider
FILE NO. CC -8(a), CC -300
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 Council Member Mann, Pennino second, rejected
the following claims and referred them back to ICA:
1. California Smokehouse Foods, date of lose 9/3/93
2. Menelaos Mamoulelis, date of loss 9/4/93
3. JoAnn M. Sgambati, date of loss 10/14/92
4. Ben T. Sutton, date of loss 10/20/93
5. Joseph Ventura, date of loss 10/15/93
The claim regarding Barbara Brown, date of loss 9/10/93, had been
settled, and there was, therefore, no need to reject this verified
claim.
FILE NO. CC -4(c)
b) The following reports were presented to the City Council:
1. Planning Commission Report of November 8, 1993
FILE NO. CC -35(c)
c) The City Council, on motion of Council Member Snider, Davenport
second, unanimously made the following appointments to various boards
and commissions:
EAST _SIDE IMPROVEMENT COMMITTEE
Rita Rott
GANG_ ALTERNATIVE PROJECT
Ramona Gonzalez
Arnold Urbina
James D. Martin
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Continued November 17, 1993
GREATER LODI AREA YOUTH COMMISSION
Patsy Gorczyca
Dennis Cunnington
DEFERRED COMPENSATION COMMITTEE
Al Smatsky
FILE NO. CC -2(s), 2(q), 2(t), 2(a)
11. REGULAR CALENDAR
a) The City Council, on motion of Council Member Snider, Mann second,
unanimously adopted Resolution No. 93-145 Resolution/Order vacating
the alley north of east Lodi Avenue from Cherokee Lane to 280 feet
west of Cherokee Lane.
Speaking on the matter were the following persons:
1. Arthur Veil, 11662 North Ham Lane #39, Lodi (support); and
2. Sheryll Salsedo, 542 East Walnut, Lodi, owner of property #29
(support).
FILE NO. CC -45(a), CC -52(a), CC -300
b) The City Council, on motion of Council Member Mann, Pennino second,
unanimously authorized and directed staff to prepare a scope of work
and cost estimate with the urban planning firm of Freedman, Tung and
Bottomley (FTB) for Downtown Revitalization and Cherokee Lane
Improvement projects.
Speaking on the matter were the following persons:
1. Ray Hirning, on behalf of the Lodi District Chamber of Commerce,
237 Mission Street, Lodi (support);
2.
Eileen St. Yves, 310 South Orange Street,
Lodi (support);
3.
Fred Reynolds, 2526
Parkwest Drive, Lodi
(support);
4.
Ken Cantrell, 2334
St. Anton Drive, Lodi
(support);
5.
Frank H. Winston,
118 North Cherokee
Lane, General Manager of
the Comfort Inn,
(support; however,
not in favor of sole
supplier);
6. Lou Fugazi, 945 Greenwood Drive, Lodi (support; however,
concerned about people losing jobs which would not bring
customers to downtown); and
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Continued November 17, 1993
9
7. Rita Rott, 932 Sylvia Drive, Lodi (support, and urged the City
Council not to overlook the east side area).
Phone calls of support had also been received earlier from Schaffer,
Suess & Boyd and JCPenney building owners, Mr. and Mrs. Morgan White.
FILE NO. CC -72, CC -400, CC -90, CC -6
12. RECESS
Mayor Pennino declared a ten-minute recess and the City Council meeting
reconvened at approximately 8:58 p.m.
13. REGULAR CALENDAR (Cont'd.)
a) Following presentation by Darlene Ruiz on behalf of Guild Cleaners
regarding PCE/TCE contamination, the City Council, on motion of
Council Member Snider, Mann second, unanimously made a finding that
no public health emergency of PCE/TCE in the City of Lodi ground
water presently exists by virtue of the fact that the City tests and
delivers safe water and requested that the State of California
including the Department of Toxic Substances suspend its
investigation to allow the City of Lodi to work with the business
community toward other efficient cost effective alternatives.
Speaking on the matter were the following persons:
1. Darlene Ruiz presented a report on the matter (support);
2. Jerry Marcotte, Department of Toxic Substances, California
Environmental Protection Agency (support of search for other
alternatives; however, not in support of suspending the
investigation in the matter);
3. Jim Verseput, on behalf of the Lodi District Chamber of Commerce
(support);
4. Ken Cantrell, President, Lodi Downtown Business Association
(LDBA) (support);
5. Rita Rott, 932 Sylvia Drive, Lodi, questioned whether or not
there was grant money available to help offset the costs of
cleanup. (Mr. Marcotte responded that there is an underground
tank program, but it does not apply in this case.); and
6. Jerold Hohenrieder, representing the Lustre Cal Name Plate
Corporation, questioned the State about the costs of the
investigation.
FILE NO. CC -183(a), CC -6
b) The City Council, on motion of Council Member Mann, Sieglock second,
unanimously adopted Resolution No. 93-146 modifying the existing "No
Parking" zone, Kettleman Lane west of Ham Lane (this leaves 99' of no
parking), east of the Municipal Service Center Driveway.
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41 o
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Continued November 17, 1993
Speaking in support of
Corinth, Lodi.
FILE NO. CC -48(e), CC -300
the matter was Bill Graffigna, 151 South
c) Following discussion regarding intersection control and "No Parking"
zone study, Kettleman Lane at Beckman Road, the City Council, on
motion of Council Member Sieglock, Davenport second, adopted
Resolution No. 93-149 approving 200' of no parking on the north side
of Kettleman Lane east of Beckman Road and 100' restricted parking on
both sides of Kettleman Lane west of Beckman Road by the following
vote:
Ayes: Council Members - Davenport, Mann, Sieglock and Pennino
(Mayor)
Noes: Council Members - Snider
Absent: Council Members - None
Further, the Public Works Director will look into adding a rumble
strip which would separate the rural and city areas and additional
street lighting in the area.
Speaking on the matter were the following persons:
1. Missy Halladay, 12044 North Alpine Road, Lodi (support); and
2. Marilyn Burnes, 5430 East Kettleman Lane, Lodi (support).
FILE NO. CC -48(e), CC -300
d) The City Council, on motion of Council Member Sieglock, Mann second,
unanimously adopted Resolution No. 93-147 naming "the point" at Lodi
Lake Park after the late Chuck Parsons, "Chuck Parsons Point" and
approved signage of the area.
Speaking in support of the matter was Tony Segale, Segale Signs, Lodi.
FILE NO. CC -27(c), CC -300
e) The City Council, on motion of Council Member Mann, Pennino second,
unanimously adopted Resolution No. 93-143 naming "the press box" at
the Grape Bowl, "The Meehleis Family Press Box" (or whatever name the
family agrees upon), and approved signage for the facility.
FILE NO. CC -27(c), CC -300
f) The City Council, on motion of Council Member Snider, Mann second,
unanimously approved the "Friends of the Lake" recognition program
and sign concept to be established at Lodi Lake Park, and further
directed that staff attempt to pay for the sign by donations.
FILE NO. CC -27(c), CC -300
14. RECESS
Mayor Pennino called for a five-minute recess and the City Council meeting
reconvened at approximately 10:47 p.m.
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4!57 /
Continued November 17, 1993
15. REGULAR CALENDAR (Cont'd.)
a) Council Member Davenport made a motion to put on the dune, 1994
ballot the matter regarding architectural services for the Civic
Center Improvement Project. The motion died for lack of a second.
Council Member Davenport made a second motion to table the matter.
The motion died for a lack of a second.
Further, the City Council, on motion of Council Member Mann, Snider
second, authorized the City Manager to execute Addendum #3 to the
existing architectural agreement with Wenell Mattheis Bowe for Phase
III of architectural services for the Civic Center Improvement
Project. This addendum is for architectural and engineering services
for design development through construction observation for the City
Hall Remodel, City Hall ramps and entry plaza, and computer/data
cabling, at a cost of $135,089 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 were the following persons:
1. Cheryl Reinke, 420 Ravenwood Way, Lodi, questioned the budgeting
of this project and expressed her opposition to the City Hall
remodel, except for the required Americans with Disabilities Act
(ADA) modifications;
2. Virginia Snyder, P.O. Box 2444, Lodi, commented on the
priorities of projects and felt that the City Hall remodel could
be postponed to take care of more important matters such as code
enforcement;
3. Rita Rott, 932 Sylvia Drive, Lodi, suggested postponing the
project and investing the monies allocated for the City Hall
remodel to collect interest; and
4. Brian Stamos, 1935 Carmel Circle, Lodi, suggested holding off on
the project until the City could afford it and instead work
towards the revitalization efforts of downtown and Cherokee Lane.
FILE NO. CC -6, CC -90
16. MEETING TO CONTINUE FOLLOWING THE 11:00 P.M. HOUR
Pursuant to Ordinance No. 1566, the City Council, on motion of Mayor
Pennino, Davenport second, unanimously voted to continue with the
remainder of the meeting following the 11:00 p.m. hour.
10
j,. Continued November 17, 1993
17. ORDINANCES
a) Ordinance No. 1587 entitled, "An Ordinance of the City Council of the
City of Lodi Repealing Ordinance No. 854 of the Lodi Municipal Code
Relating to Building Setback Lines on South Stockton Street" having
been introduced at a regular meeting of the Lodi City Council held
November 3, 1993 was brought up for passage on motion of Mayor
Pennino, Snider 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
b) Ordinance No. 1588 entitled, "An Ordinance of the City Council of the
City of Lodi Adding a New Chapter 9.10 to the Lodi Municipal Code
Relating to the Prohibition of Loitering by Minors During Certain
Hours" having been introduced at a regular meeting of the Lodi City
Council held October 4, 1993 was brought up for passage on motion of
Council Member Sieglock, 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
Speaking in support of the matter was Naomi McCallum Carey, 402 West
Oak Street, Lodi.
FILE NO. CC -6, CC -149, CC -188
18. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Snider, Sieglock
second, unanimously authorized the City to renew the consulting
contract with Insurance Consulting Associates (ICA) for a three-year
term pursuant to a response regarding concerns on a charge of $3,000
for rental on the company's computer network.
FILE NO. CC -90
b) The City Council, on motion of Mayor Pennino, Snider second,
unanimously adopted Resolution No. 93-141 approving the
reclassification of one Engineering Technician I/II position to
Senior Engineering Technician in the Engineering Division of the
Public Works Department
FILE NO. CC -34, CC -300
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Continued November 17, 1993
c) The City Council, on motion of Council Member Davenport, Pennino '
second, unanimously approved the reorganization of Personnel and the -✓
reallocation of one Personnel Technician to Administrative Clerk II.
FILE NO. CC --34, CC -300
19. CLOSED SESSION
The City Council adjourned to a Closed Session to discuss the following
matter:
a) Labor Relations
The City Council reconvened at approximately 2:00 a.m.
FILE NO. CC -200(a)
20. ADJOURNMENT
There being no further business to come before the City Council, Mayor
Pennino adjourned the meeting at approximately 2:00 a.m., November 18,
1993.
ATTEST:
i er errin
ity Cle
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