HomeMy WebLinkAboutMinutes - December 17, 1997 (5)LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 7,1998
7:00 P.M.
ROLL CALL
Present: Council Members - Land, Mann, Pennino, Warner and Sieglock (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Deputy City Manager Keeter, City Engineer Prima,
Community Development Director Bartlam, Police Chief Hansen, Information
Systems Manager Helmle, City Attorney Hays and City Clerk Reimche
2. ANNOUNCEMENT
Mayor Sieglock extended congratulations to Council Member Warner on his recent appointment
as Municipal Judge.
3. INVOCATION
The invocation was given by Pastor Ray Hoffman, First Baptist Church.
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
5. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Sieglock presented a proclamation to Lori Fowler with Delta Blood Bank
proclaiming the month of January 1998 as "Volunteer Blood Donor Month".
b) Agenda item #D -3(a) entitled, "Presentation by the Greater Lodi Area Youth Commission
regarding Honoring Teens Program" was pulled from the agenda and will be scheduled
for the City Council meeting of January 21, 1998.
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Mann, Warner second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
a) Claims were approved in the amount of $3,144,482.05 and Disbursements Through Wire
Transfer in the amount of $250,860.11.
b) The minutes of December 17, 1997 (Regular Meeting) were approved as written.
C) Authorized sale of scrap wire and metal at periodic intervals during calendar year 1998.
d) Approved the plans and specifications for Tokay Street Reconstruction, Mills Avenue to
Fairmont Avenue and authorized advertising for bids.
e) Adopted Resolution No. 98-01 approving the plans and specifications for Lower
Sacramento Road Resurfacing, Turner Road to 400 Feet North of Eilers Lane, authorized
advertising for bids, and approved the Program Supplement Agreement to Local
Agency -State Agreement 10-5154 covering construction engineering and construction for
this project.
Continued January 7, 1998
f) Adopted Resolution No. 98-02 approving the purchase of a 1 %Z -ton cab and chassis with
hydraulic, articulating, telescoping aerial device for the Street Division from Pacific Utility
Equipment Company, West Sacramento, in the amount of $67,934.22 and appropriated
funds in accordance with staff recommendation.
g) Adopted Resolution No. 98-03 authorizing the purchase of Rainbird Maxicom components
for irrigation systems at the Softball Complex, Stadium, Lawrence, and Zupo Parks in the
amount of $22,558.23.
h) Approved the letter committing the City to replace a driveway at 107 North School Street.
i) Authorized the City Clerk to invite proposals for 5 -year leases on the 870± acres of
agricultural property at the White Slough Water Pollution Control Facility.
j) Adopted Resolution No. 98-04 authorizing the City Manager to approve the new
Economic Development Power Supply Contract between the City of Lodi and Apache
Plastics, L.P.
k) Agenda item #E-11 entitled, "Power Supply Contract between the City of Lodi and Pacific
Coast Producers, Inc." was pulled from the agenda pursuant to staffs request.
1) Agenda item #E-12 entitled, 'Public Benefits Charge Grant to Pacific Coast Producers,
Inc." was pulled from the agenda pursuant to staffs request.
m) Adopted Resolution No. 98-07 authorizing destruction of certain Police Department
records listed below in excess of five years of age:
• Background investigations and employment records of previous employees who
have left employment with the City over five years ago. This does not include
retirees.
• Background investigations of previous applicants not hired, over five years old.
• Crime reports, incident reports and traffic reports over five years old, except for
those with pending court action and all homicide investigations.
• Investigations of Citizens Complaints over five years old.
n) Released funds in the amount of $32,500 from the 1997/98 budget, for the purchase of a
California Law Enforcement Telecommunications System (CLETS), Journaling Program.
o) Authorized the issuance of subpoenas based upon the recommendation of the
Contamination Advisory Committee.
P) Approved the three-month contract with Morada Corporation for information systems
assistance in the Police Department.
q) Authorized the City Manager to sign agreement with PG&E for Facilities Sale and
Transition Charge Recovery at 2505 West Turner Road, Lodi.
(Council Member Pennino abstained from discussion and voting on this matter.)
7. 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 Sieglock called for the Public Hearing to
receive a report of the cost of abatement of the weeds in the City of Lodi during 1997 and
to hear any objections to the property owners liable to be assessed for the abatement.
2
Continued January 7, 1998
The City Council was reminded that several months ago it initiated weed abatement
proceedings on various parcels throughout the City. According to the Government Code
of the State of California legal noticing, including letters to the subject property owners,
publications and postings were made regarding the matter. Public Hearings regarding the
program were conducted by the City Council.
Ultimately, the City abated the weeds on the parcels listed on the next page. The
Government Code provides that the City Council shall set a Public Hearing to receive a
report of the cost of abatement in front of or on each separate parcel of land where the
work was done by the City. At the time fixed for receiving and considering the report, the
legislative body shall hear it with any objections of the property owners liable to be
assessed for the abatement. After confirmation of the report by the Council, a copy shall
be forwarded to the County Assessor and Tax Collector who shall add the amount of the
assessment to the next regular tax bill levied against the parcel for municipal purposes.
Therefore, it was recommended that following the Public Hearing the City Council adopt
the resolution confirming the cost of weed abatement in the City of Lodi during 1997 and
provide for collection through the San Joaquin County Auditor's office.
Hearing Opened to the Public
1. Mr. Ed Loo, 1115 Black Diamond Way, Lodi, owns the parcel located at 3 South
Commerce and complained that he thought the assessment from the City for
clearing his property was extremely high. Mr. Loo indicated he had already paid
the assessment. Staff was unable to confirm the financial status of his account.
Council Member Pennino asked that staff research the subject to see if there would be
another way this program might be handled.
Public Portion of Hearing Closed
ACTION:
The City Council, on motion of Council Member Land, Warner second, adopted
Resolution No. 98-08 confirming the cost of weed abatement in the City of Lodi during
1997 and providing for collection. Further, City Council directed staff to confirm if Mr. Loo
had paid his assessment and, if so, to amend the Cost Report of abating weeds to reflect
this payment prior to sending it to the San Joaquin County Tax Collector, County
Assessor and the County Auditor for collection.
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 Sieglock called for the Public Hearing to
consider the Planning Commission's recommendation that the City Council adopt the
1997 Growth Management Allocations.
Community Development Director Bartlam informed the City Council that each year the
City allocates residential building permits as a part of the City's Growth Management Plan
for Residential Development. Under this process, all residential projects of 5 or more
units must apply for building allocations. Allocations are made for a projected 2% growth
in population for the current year. This year the City has 412 residential building permits
to allocate. Of the 412 permits, 65% or 268 are for single-family residential units, 10% or
41 are for medium -density residential units such as duplexes and townhouses, and 25%
or 103 are for high-density residential units such as apartments.
Continued January 7, 1998
All projects requesting allocations submit a request stating the number of allocations they
are seeking to obtain. The projects are scored on a set of criteria previously established
by City ordinance. The highest scoring projects have the greatest chance of receiving
their allocation request, the lowest scoring, the least chance. This year the number of
allocation requests did not exceed the amount available. Competitive scoring, in this
instance, did not effect a projects ability to obtain allocations.
There are 6 projects which have requested single-family allocations and 2 that have
requested medium -density allocations. The City has received 236 single-family allocation
requests and there are 268 available as well as 118 medium -density allocation requests
for which 181 are available.
Following their Public Hearing, the Planning Commission adopted the following list of
Growth Management allocations:
Projects (Listed in Requested Recommended
order of points scored) 1997 Allocations 1997 Allocations
Sinale Familv Reauests
Lodi West
53
53
Towne Ranch
6
6
Bridgetown
36
36
Century Meadows 1
45
45
Sunwest XIV (Helmle Property)
36
36
Century Meadows II
60
60
236
236
Medium Density Requests
Sunwest Garden
18
18
Sasaki Property
100
100
118
118
SINGLE-FAMILY PROJECTS
• Lodi West is an existing and developing single-family project. The Planning Commission
recommends to the City Council that this project be awarded 53 single-family allocations,
which is all of the allocations needed to complete the development.
• Towne Ranch is an existing and developing single-family project. The Planning
Commission recommends to the City Council that this project be awarded 6 single-family
allocations, which is all of the allocations needed to complete their subdivision.
• Bridgetown is an existing and developing single-family project. The Planning
Commission recommends to the City Council that this project be awarded 36 allocations,
which is all of the allocations needed to complete the development.
• Century Meadows ONE is an existing and developing single-family project. The
Planning Commission recommends to the City Council that this project be awarded 45
allocations, which is all of the allocations needed to complete the development.
• Sunwest XIV (Helmle Property) is an approved single-family development plan. The
Planning Commission recommends to the City Council that this project be awarded 36
allocations, which is all of the allocations needed to complete the development.
• Century Meadows Two is an existing and developing single-family project. The Planning
Commission recommends to the City Council that this project be awarded 60 allocations,
which is all of the allocations needed to complete the development.
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Continued January 7, 1998
MEDIUM DENSITY PROJECTS
Sunwest Garden is one of two new medium -density development plan projects. The
Planning Commission recommends to the City Council that this project receive 18
medium -density allocations, which is enough to complete the apartment complex.
• Sasaki Property is the second new medium -density development plan project the City
has for review this year. The Planning Commission recommends to the City Council that
this project receive 100 medium -density allocations, which is enough to complete the
development.
Hearing Opened to the Public
There was no one wishing to speak on this matter.
Public Portion of Hearing Closed
Council discussion followed with questions being directed to Community Development
Director Bartlam regarding the subject including what happens to unused allocations.
Council Member Warner indicated that he would like to study this issue further as he
would not like to see these allocations stockpiled.
ACTION:
The City Council, on motion of Council Member Warner, Sieglock second, unanimously
adopted Resolution No. 98-05 approving the 1997 Growth Management Allocations.
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 Sieglock called for the Public Hearing to
consider the technical equipment purchase proposal for the Local Law Enforcement Block
Grant Program.
Police Chief Hansen provided the City Council with the following background information.
On July 2, 1997 Council authorized the Police Department to accept Local Law
Enforcement Block Grant Program Funds in the amount of $106,522 and provide
matching funds of $11,836 from the 1997/98 police department budget. The City applied
for and received the Grant Award on September 30, 1997, and funds will be placed in a
special revenue fund pending dispersal when received.
On December 11, 1997 an eight -member Advisory Board convened and reviewed the
proposal for disbursement of those funds, which would purchase a server, PC terminal
and wiring for the network of the PC system.
Hearing Opened to the Public
There was no one wishing to speak on this matter.
Public Portion of Hearing Closed
Discussion followed regarding the matter with questions being directed to Chief Hansen
by the City Council. Council Member Pennino expressed his concern that when these
grant funds are no longer available, how would the updating of this technology be funded.
ACTION:
The City Council, on motion of Mayor Sieglock, Pennino second, unanimously adopted
Resolution No. 98-06 authorizing the Lodi Police Department to purchase a server, PC
terminals, and wiring for the network of the PC system under the Local Law Enforcement
Block Grant Program.
Continued January 7, 1998
8. COMMUNICATIONS (CITY CLERK)
a) City Clerk Reimche read the following ABC Licenses:
1. Mike N. Aburamadan and Farouk Y. Diab, Coco's Restaurant, 2347 West
Kettleman Lane, Lodi, On -Sale Beer and Wine, Original License;
2. Gallien Incorporation to Douglas A. and Janie R. Garceau, Mountain Mike's
Pizza, 550 South Cherokee Lane, Suite E, Lodi, On -Sale Beer and Wine, Person
to Person Transfer;
3. Barbara A. Fuentes, Prima, 1110 West Kettleman Lane, Suite 2, Lodi, On -Sale
Beer and Wine, Original License.
b) The following report was presented to the City Council:
Planning Commission report of December 10, 1997
C) City Clerk Reimche apprised the City Council that Robert S. Fuller, who had served as the
City's appointee to the San Joaquin County Mosquito Vector Control District, recently
passed away. Mr. Fuller had served the City in this capacity for 40 years. Sincere
condolences were expressed to the Fuller family.
The City Council, on motion of Council Member Pennino, Warner second, unanimously
concurred with the following appointments/reappointments to various boards and
commissions:
Senior Citizens Commission
Shelby Young Term to expire December 31, 2001
Dorance Ochs Term to expire December 31, 2001
Site Plan and Architectural Review Committee
Leonard Bull Term to expire January 1, 2002
East Side Improvement Committee
Dawn Squires Term to expire March 1, 1998
Camille Green Term to expire March 1, 1999
d) City Clerk Reimche informed the City Council that her office received an application from
PG&E requesting to increase base electric and gas revenues effective January 1, 1999.
Council Member Pennino advised that this does not represent a rate increase to
consumers.
REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Additional Tree Removal in the Mokelumne River".
City Engineer Prima reminded the City Council that the City recently awarded a contract
to Ford Construction for removal of 22 trees from the Mokelumne River. Removal of 19
trees under this contract will be funded using FEMA funds; 3 trees will be removed using
City funds. Park Superintendent Dauber presented diagrams depicting the subject trees.
C.1
Continued January 7, 1998
San Joaquin County, on our behalf, had applied for funding to remove the other trees in
the Mokelumne River within the City limits. The City recently received a letter from the
County, dated December 22, 1997, indicating that this component of its grant application
for tree removal on the Mokelumne River was denied. Therefore, there are no allocated
funds for the remaining 27 trees.
The estimated cost to remove the additional trees, between the Lodi Lake Wilderness
Area and the easterly City limits, is approximately $60,000. These 27 trees could be
removed as a change order to the existing contract with Ford Construction. The $60,000
is an estimate. The exact amount must be negotiated with the contractor. Staff recently
had the City's permit modified to include these additional 27 trees.
It was recently discovered that 5 of the 27 trees front the City's old dumpsite just east of
the southern Pacific Railroad river crossing. Since these trees are fronting City property,
it may be possible to include these under a revised FEMA application. Staff will make
every attempt to obtain additional FEMA funding, but the City should not count on it.
A lengthy discussion followed with questions being directed to Mr. Prima and Mr. Dauber.
The City Council, on motion of Council Member Mann, Sieglock second, expressed
concern about the time factor involving this matter and thereby directed the City Manager
to go forward with the bidding process, directing that the north bank trees and the south
bank trees be separated out in the bid documents, and further authorized the City
Manager to award the contract to the lowest responsible bidder, by the following vote:
Ayes: Council Members - Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members - Warner
Absent: Council Members - None
Abstain: Council Members - None
b) Agenda item #H-2 entitled, "Information systems update by Information Systems Manager
Helmle" was pulled from the agenda and will be brought back before the City Council at a
future date.
10. RECESS
Mayor Sieglock called for a five-minute recess and the City Council meeting reconvened at
approximately 8:15 p.m.
11. REGULAR CALENDAR (Continued)
a) Agenda item #H-3 entitled, "Retain the firm of EKONA to prepare the plans and
specifications for the Public Safety Building Remodel".
City Engineer Prima reminded the City Council that at the meeting of November 5, 1997,
the City Council directed staff to obtain a proposal from EKONA for preparation of plans
and specifications for the Public Safety Building Remodel Project. The Public Works staff
and the City Attorney's office have been working with EKONA over the last few months to
finalize an agreement for the preparation of the Public Safety Building Remodel plans and
specifications. It has been approved as to form by the City Attorney. The cost for
providing the basic service is $249,000 plus reimbursable expenses. Reimbursable
expenses are normally budgeted at ten percent of the basic service amount. The
$249,000 is a not -to -exceed price with billing on a time -and -materials basis. It is critical
that this agreement be executed as soon as possible to ensure that the HVAC shutdown
can take place in the winter of 1998 and spring of 1999.
7
Continued January 7, 1998
In addition to the design that will be provided by EKONA, monies need to be allocated for
the design of other specialty areas. The total estimated design costs are shown below:
• EKONA (basic service) $257,000
• EKONA (reimbursable) $ 25,000
• Hazardous Material Analysis $ 5,000
• Furniture/Signage $ 16,000
• Dispatch/Computer/Radio System (allowance)
It was, therefore, recommended that $364,000 be appropriated for the total design of the
Public Safety Building Remodel Project.
City Manager Flynn suggested the funding proposal of $364,000 be from the General
Fund Capital Outlay, which would include information systems funds, parking structure
funds, Beckman Building funds, Police automated telephone system and salary savings
from Police Department.
Following a lengthy discussion, the City Council, on motion of Council Member Warner,
Pennino second, unanimously approved hiring the firm EKONA, of San Francisco, to
prepare the plans and specifications for the Public Safety Building Remodel, authorized
the City Manager to execute the appropriate agreements, and appropriated funds in
accordance with the City Manager's recommendation.
12. ORDINANCES
None.
13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Ken Owen, Christian Community Concerns, P,O. Box 367, Lodi, presented the City
Council with the following letter.
"From time to time there are issues that come up outside the sphere of this Council that
are either so important, or so wrong, or harmful to the overall well being of society as a
whole that we feel an obligation to bring them to you in order to apprise you of their
significance, and ask for your support in joining with us to make a statement. Tonight
want to bring one of those issues before you.
On January 22, at 10:00 a.m. in the County Courthouse, the Board of Supervisors will be
voting on what we consider one of the greatest threats to religious freedom, and the First
Amendment to our Constitution that we have ever had to fight in San Joaquin County.
It's called 'Special Use Regulations, Concerning Religious Assembly In The Agriculture
Zones'.
The original ordinance calls for buffer zones to reduce any adverse effects to less
than significant to the existing and potential agricultural uses in the vicinity.
Adverse effects, less than significant, existing and potential? What do those
terms mean, and who will define them? They can mean anything you want them
to mean. They are too vague and ambiguous, and open to a wide range of
interpretation to be of any value in determining the value of a project.
The site must have direct access to a collector or higher classification roadway in
order to have no adverse impact on area agricultural enterprises. To make my
point 1 will just simply ask you if you have ever been stuck behind a tomato truck?
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Continued January 7, 1998
The site must have direct access to a minor arterial or higher classification
roadway to maintain acceptable levels of service, and does not adversely impact
area agricultural enterprises. Again, this language is vague and ambiguous.
4. The site shall be within two miles of an urban community. This is the most
frightening of all.
First of all we feel that this ordinance, if enacted would violate the first amendment of our
Constitution, by putting unnecessary restraints on Churches that other entities do not
have to adhere to.
Secondly, according to recent studies, Church growth has not kept pace with population
growth in San Joaquin County. There is actually a shortage of Churches.
As of 1990 there were 270 Churches in the County, serving 36.7% of the County's
population of 480,628. Since 1990 the County has grown by 12.5% with another 7.4%
anticipated by the year 2002.
The Churches are having a difficult time raising enough money to pay for land costs, and
adherence to county regulations as it is. If a two mile limit is placed on them, along with
additional regulations that no one else has to adhere to, in my opinion it shows that the
Board of Supervisors who vote for this ordinance are classifying Churches as undesirable
neighbors, and are in fact prohibiting the free exercise clause of our Constitution."
Mayor Sieglock indicated that he agreed with Mr. Owen's position on this matter
b) Virginia Snyder, 303 Louie Avenue, Lodi, addressed the City Council regarding AB 849
which would limit alcohol outlets in communities. Further, Ms. Snyder passed out
information which indicated off -sale and on -sale business in the City of Lodi presently and
the number of such licenses that would be allowable under this Bill. Ms. Snyder also
presented pictures of subject businesses located on East Lodi Avenue.
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn announced that January 4, 1998 was Jack Ronsko's birthday and
extended best wishes to him. Further Mr. Flynn advised that his secretary, Barbara
Reed, has a new display in the Carnegie Forum display cabinet showcasing Kathy
Warner's bunny collection. Also, Mr. Flynn announced that Mrs. Reed has announced
her retirement effective July 21, 1998.
b) City Engineer Prima displayed a sample of the beautiful new street signs that will be used
in the downtown area.
C) Council Member Warner stated that downtown Lodi was as busy and active as he has
ever seen it during the holiday season and urged the community to continue coming and
shopping in the downtown area, because it does make a difference.
d) Council Member Mann stated that at the last Council Meeting he had objected to the
issuance of an Alcoholic Beverage Control (ABC) license to the Roundhouse Bar. He
stated that the information that he had based this objection on was old and that the new
owner is doing a good job. Mr. Mann stated that he feels that the City Council needs to
take a stand in cases where vendors of alcohol do not control their patrons and would
hope that the City would proceed with a process that would allow it to do this.
Continued January 7, ]998
Further, it was pointed out that complaints are being received about the impromptu car
lots being located on Lower Sacramento Road between Woodlake and Vine Streets. Staff
was directed to look into the matter.
e) City Engineer Prima responded to questions as to what can be done with the problems
being encountered with vehicles striking and knocking down ballards in the downtown
area. Mr. Prima indicated that his department is presently looking at a number of ways to
resolve this problem.
Further, Mr. Prima was asked about the signal at Pine and School Streets, and discussion
followed if it should be converted to blink red all the time or to a standard four-way stop
signal.
Also, it was pointed out that a recommendation has been received that Pine Street be
redesigned for diagonal parking. Following questions being directed to Mr. Prima
regarding the matter, the Council asked that this be reviewed and that a report regarding
the matter be provided to them.
f) Council Member Pennino asked that if the recently installed kiosks in the downtown area
will be lit and was told by Mr. Prima that they would not. Council Member Pennino
indicated that this was probably a missed opportunity and asked that the feasibility of
doing this be looked into.
Further, Council Member Pennino suggested that the late fees for utility bill payments
which were approved a couple of months ago be reviewed. He stated that the $5.00 late
charge on the average bill represents 75% interest per year. Discussion followed with no
action regarding the matter being taken.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 8:50 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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