HomeMy WebLinkAboutMinutes - September 16, 1998LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 16, 1998
7:00 P.M.
ROLL CALL
Present: Council Members - Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Deputy City Manager Keeter, Public Works Director Prima,
Transportation Manager Tobar, City Attorney Hays and City Clerk Reimche
INVOCATION
The invocation was given by Dr. Diane Garga, BAHA'I.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Sieglock presented a proclamation to Carol Theuriet with the Daughters of the
American Revolution proclaiming the week of September 17 — 23, 1998 as "Constitution
Week" in the City of Lodi.
b) Mayor Sieglock presented a proclamation proclaiming the month of September, 1998 as
"School's Open — Drive Carefully Month" in the City of Lodi. A representative of the
California State Automobile Association (AAA) was unable to attend the meeting;
therefore, the City of Lodi accepted the proclamation on their behalf.
C) Bobby Whitmire with the Greater Lodi Area Youth Commission acknowledged the Teen of
the Month, Nicasio Heras.
d) Rob Lechner, Chairman of the Year 2000 Steering Committee, announced the Year 2000
Kickoff Event scheduled for October 8, 1998. In conjunction with the Downtown Gateway
Dedication, the kickoff event will include the unveiling of a plaque designating the Hotel
Lodi as an historical site and a photographic art show and reception inside the recently
refurbished Hotel Lodi. Tickets for the Hotel Lodi event are $10 for adults and $3 for
children 12 and under and can be purchased from the City Clerk's office.
e) Mr. Antonio V. Pizano with the Housing Authority of the San Joaquin presented its 1997
Annual Report to the City Council.
f) Mayor Sieglock presented a proclamation proclaiming the month of September, 1998 as
"National Observance Month for Ovarian Cancer" in the City of Lodi. Representatives
from the National Ovarian Cancer Coalition, Central Valley Chapter, were unable to attend
the meeting; therefore, the City of Lodi accepted the proclamation on their behalf.
5. COMMENTS BY THE PUBLIC ON CONSENT CALENDAR ITEMS
a) William Hobson, 405 West Locust Street #6, Lodi, spoke in regards to agenda item #E-11
entitled, "Reclassification of one Associate Civil Engineer position to Senior Civil
Engineer". Mr. Hobson stated that he felt the City was in violation of civil service laws in
reclassifying this position without the benefit of an open recruitment.
Continued September 16, 1998
Responding to questions raised by Mr. Hobson were City Manager Flynn and Risk
Manager Robbins. Following additional discussion, with the tacit concurrence of the City
Council, it was determined that this matter would be pulled from agenda.
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Johnson, Sieglock second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
a) Claims were approved in the amount of $4,714,753.64.
b) The minutes of September 1, 1998 (Special Meeting), September 2, 1998 (Regular
Meeting) and September 8, 1998 (Special Meeting) were approved as written.
C) Approved the plans and specifications for Loel Center bus stop, corner of Oak and
Washington streets and authorized advertising for bids.
d) Approved the specifications for 25 Lodi post -top luminaires and authorized advertising for
bids.
e) Accepted the improvements under the "White Slough Water Pollution Control Facility
Holding Pond No. 1 Embankment Rehabilitation" contract and directed the City Engineer
to file a Notice of Completion with the County Recorder's office.
f) Accepted the improvements under the "Traffic Signal and Lighting Installation, Turner
Road and Mills Avenue" contract and directed the City Engineer to file a Notice of
Completion with the County Recorder's office.
g) Adopted Resolution No. 98-133 accepting the development improvements for 1310
Thurman Street.
h) Adopted Resolution No. 98-134 amending Traffic Resolution No. 97-148 establishing a
35 -mile -per -hour (mph) speed limit on Elm Street between Evergreen Drive and Lower
Sacramento Road.
i) Adopted Resolution No. 98-135 authorizing the City Manager to file the claims for 1997/98
Transportation Development Act (TDA) funds in the amount of $1,448,101.
D Adopted Resolution No. 98-136 authorizing the City Manager to provide a Public Benefits
Program grant in the amount of $150,000 to Hutchins Street Square and Performing Arts
Center.
Council Member Johnson questioned when the City candidates for inclusion in a Public
Benefits Program along with other customer candidates as indicated in the Council
Communication for this item would be coming back to the City Council. Jack Stone,
Manager, Business Planning and Marketing, responded that it is their intent to bring the
matter back to the City Council at the Shirtsleeve Session of October 27, 1998.
k) Agenda item #E-11 entitled, "Reclassification of one Associate Civil Engineer position to
Senior Civil Engineer" was pulled from the agenda pursuant to staffs request.
1) Adopted Resolution No. 98-138 amending the list of boards, commissions and city
employees and officers subject to Conflict of Interest reporting requirements.
2
Continued September 16, 1998
M) Adopted Resolution No. 98-139 awarding the contract for transit buses' conversion to
Compressed Natural Gas (CNG) to NGV Ecotrans Group, LLC, of Los Angeles, in the
amount of $189,087.46 and appropriated funds in accordance with staff recommendation.
(Due to a conflict of interest, Council Member Pennino abstained from discussion
and voting on this matter.)
n) Adopted Resolution No. 98-137 awarding the contract for Guild Avenue Street
Improvements, Vine Street to 660 Feet North of Vine Street to A.M. Stephens
Construction Co., Inc., of Lodi, in the amount of $123,575.00 and appropriated funds in
accordance with staff recommendation.
PUBLIC HEARINGS
None.
COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City's Risk Manager and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Council
Member Pennino, Johnson second, unanimously rejected the following claims_
1. Kelly and Martha Rott, date of loss 6/9/98
2. Jimmie Rishwain, date of loss 7/18198
3. Darwin and Hazel Lewis, date of loss 7/21/98
4. Luella Suckut, date of loss 6/1/98
5. Benjamin Hernandez, date of loss 7120/98
6. Ryan Stelck, date of loss 8116/98
b) City Clerk Reimche read the following ABC License:
Evelyn Goldman to Jayesh Kanubhai Patel, Togo's Eatery, 305 South Hutchins
Street, Lodi, On -Sale Beer and Wine, Person to Person Transfer
C) The City Council, on motion of Council Member Pennino, Land second, unanimously
directed the City Clerk to post for the following vacancies:
Greater Lodi Area Youth Commission
Vacancy Term expiring on August 30, 1998
Vacancy Term expiring on August 30, 1999
REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Transit Service Improvements".
Transportation Manager Tobar reported that the transit services have increased in the
past two years to improve service delivery and increase the service area. Those changes
have brought a remarkable increase in ridership. The City of Lodi has received many
requests, at public meetings, public hearings and through letters and phone calls, for
extended evening GrapeLine and Dial -A -Ride hours. Following is a descriptive "menu" of
items covering these requests.
Continued September 16, 1998
1. GrapeLine Weekend Service to Micke Grove Park from May to October
Service to Micke Grove Park would help transit -dependent Lodi residents enjoy the
park and zoo. Also, during peak periods, the parking lot is full regularly, and visitors
are turned away. Zoo Manager Ken Nieland has been encouraging SMART and the
City of Lodi to bring bus service to the park. SMART will begin sending Route 21, the
intercity bus service from Manteca/Stockton to Lodi, to the park in 1999. The
proposed GrapeLine service would begin in May 1999.
2. GrapeLine Sunday Service
Currently, the City of Lodi only offers Dial -A -Ride service on Sundays. Since the City
extended Sunday hours in 1997, many churches in the area have purchased
Dial -A -Ride tickets for elderly and disabled passengers. However, many more Lodi
residents can be served by having fixed -route service available to them when they
want to go to church. Shoppers will have one more available day, and fixed -route
service will be available for the many events held in Lodi on Sundays. This may
provide an additional benefit of reducing peak demand on Saturdays since riders will
have an extra weekend day available.
3, 4, 5. GrapeLine Evening Service
GrapeLine evening weeknight service will help Lodi residents enjoy the performing arts
at Hutchins Street Square, attend church weekday nights, attend the many Downtown
events on Thursday nights, and allow all residents to stay out a little later. Laidlaw
currently cannot provide the service on Saturday nights because it will require hiring and
training more drivers and dispatchers. Wednesday -through -Friday -night GrapeLine
service is recommended in order to assess the viability of the service and to maximize
ridership. Due to flexibility in scheduling current drivers, this can be done without
additional staff. By law, Dial -A -Ride service hours must match or exceed fixed -route
service hours so, at a minimum, Wednesday -through -Friday -night Dial -A -Ride service
hours would also need to be added.
6. Boys and Girls Club High School and Middle School Runs
Transportation directly from the two middle schools (Woodbridge and Lodi) to the
Boys and Girls Club on Poplar Street would help keep the youths off the streets by
providing a direct link. Many of the parents who work while their children are in
school are very excited because the children would be accountable to their parents if
they do not attend the Club. The Police Department endorses this service not just for
the accountability it provides, but also because this is an alternative to gangs, and
because the Teen Center on Stockton Street closed. Youths would also be able to
attend local church meetings commonly held on Tuesday and Wednesday nights.
The Boys and Girls Club has indicated it can accommodate 500 more youths at the
Poplar Street center. The Public Works Department is attempting to transfer unused
Community Development Building Grant (CDBG) funds from the Teen Center
Program to provide the service free to the students.
7. Morning Express High School Runs
After doing an informal survey of Lodi High School students, it was determined that
not enough passengers would pay for a morning express run that would be routed
along Central Avenue and Pine Street. A survey of Tokay High School students was
not done. A formal survey by Lodi Unified School District may be required before
making this recommendation.
4
Continued September 16, 1998
8. Dial -A -Ride Monday -through -Friday -Evening Service
In order to get youths home from the Boys and Girls Club, or to and from local sports
and church activities, evening Dial -A -Ride service would be the recommended form of
transportation. Finally, many seniors and disabled Lodi citizens have requested
evening Dial -A -Ride service. The estimate provides two buses; however, this is more
flexible than fixed -route service and we may be able to reduce costs by providing one
bus when demand is light.
9. Administration: Increasing Contract Amount to Laidlaw for a Reservation Agent
The implementation of the federally -mandated reservation system means that Laidlaw
will need to provide a reservation agent. We have tried to do without this additional
staff position, but with the increase in ridership, the position is justified. In addition,
this agent will double as the information agent at the Multimodal Station when it
opens.
The Public Works Department recommended menu items 1, 2, 5, 6, 7 and 8. At this time,
no changes in fares are being recommended. However, staff is interested in generating
additional program revenue without increasing fares. The most likely form would be
allowing advertising on buses and bus stops. This could include an art component and
public service announcements. It could provide revenue for further subsidizing or
eliminating fares for certain programs or routes.
When President Clinton signed the Transportation Equity Act for the 21st Century
(TEA -21), the Federal Government increased the City of Lodi's apportionments by about
20%. Funding is available for the increase in service hours.
Fiscal Year 1998/99 $88,410 TDA
$29,470 FTA
Fiscal Year 1999/00 $58,940 TDA
and beyond $58,940 FTA
Following a lengthy discussion with questions being directed to staff, the City Council, on
motion of Mayor Pro Tempore Land, Johnson second, implemented the following menu
items to improve the City's transit service:
• Micke Grove Park, Saturday — Sunday, May — October
• Sundays, 8:00 a.m. — 2:00 p.m.
• Wednesday — Friday evenings until 9:30 p.m.
• Boys and Girls Club High School and Middle School runs
• Morning express High School runs
• Dial -A -Ride, Monday — Friday evenings until 9:30 p.m.
10. RECESS
Mayor Sieglock called for a five-minute recess, and the City Council meeting reconvened at
approximately 8:30 p.m.
11. ORDINANCES
a) Agenda item #1-1 entitled, "An Ordinance Of The Lodi City Council Authorizing An
Amendment To The Contract Between The City Council Of The City Of Lodi And The
Board Of Administration Of The Public Employees' Retirement System (PERS)" was
pulled from the agenda pursuant to staffs request.
5
Continued September 16, 1998
b) Ordinance No. 1665 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Chapter 6.12 Of The Lodi Municipal Code By Repealing And Reenacting
Section 6.12.030 And 6.12.060, Relating To Dogs And Cats License -Renewal -
Delinquency And Dog Vaccination -Required -Certificate -Exceptions, Respectively" having
been introduced at a regular meeting of the Lodi City Council held September 2, 1998
was brought up for passage on motion of Council Member Pennino, Johnson 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 — Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — None
Absent: Council Members — None
C) Ordinance No. 1666 entitled, "An Ordinance Of The Lodi City Council Repealing And
Reenacting Lodi Municipal Code Title 9, Public Peace, Morals And Welfare, Chapter
9.04.010, Relating To Alcoholic Beverage — Open Container In Public" having been
introduced at a regular meeting of the Lodi City Council held September 2, 1998 was
brought up for passage on motion of Council Member Land, 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 — Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — None
Absent: Council Members — None
d) Ordinance No. 1667 entitled, "An Ordinance Of The Lodi City Council Amending Lodi
Municipal Code Chapter 12.04 — Encroachments By Adding Sections 12,04.10(F)
'Definitions', And 12.04.425 'Sidewalk Seating Area"' having been introduced at a regular
meeting of the Lodi City Council held September 2, 1998 was brought up for passage on
motion of Council Member Land, Sieglock 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 — Johnson, Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — None
Absent: Council Members — None
12. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) David Town, 411 East Vine Street, Lodi, stated that he was an employee of the
Water/Wastewater Division of the City of Lodi Public Works Department and addressed
the City Council regarding labor negotiations currently underway with the City of Lodi
Maintenance and Operators (M & O) Unit. Mr. Town mentioned several points of concern
as it related to these negotiations.
b) Dean Cofer, General Manager of the San Joaquin County Employees Organization, P. O.
Box 710, Stockton, also addressed the City Council regarding the matter and spoke on
unresolved items involved in these negotiations.
City Manager Flynn stated that he also feels these workers are indeed the backbone of
the City, and the City is appreciative of everything these employees have done; however,
it is the City's policy not to negotiate in public. Mr. Flynn stated that the City is prepared to
go to mediation because it is felt there are issues that need to be mediated.
2
Continued September 16, 1998
13. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Pennino asked about the status of the Lower Sacramento Road project
stating that he felt it should be a high priority. Public Works Director Prima responded to
questions regarding the matter as were posed by members of the City Council.
b) Mayor Pro Tempore Land announced that commencing Thursday, September 17 - 20,
1998, the Lodi Grape Festival is being held in Lodi, and he encouraged citizens of this
community to attend. Mayor Pro Tempore Land also encouraged members of the
community to attend the Annual Kiddies Parade, which is a wonderful part of this Festival.
Mayor Pro Tempore Land also announced that starting September 17, 1998, Citizen
Awareness Classes are beginning in Lodi. There is no charge for these classes. He
encouraged citizens to sign up for these classes and provided a telephone number to call.
Further, Mayor Pro Tempore Land stated that he had been approached by a couple of
citizens about their concern regarding the increased rat population in Lodi and asked
where citizens should go with complaints of this nature. It was indicated that contact
should be made with the Local Health District or with Community Service Officers. Public
Works Director Prima was directed to look into the matter.
Finally, Mayor Pro Tempore Land indicated that he has also received citizen complaints
regarding the Pay Per View programs being offered on the local cable station indicating
that the audio is not being scrambled. Mayor Pro Tempore Land asked that staff call
MediaOne and ask them to remedy the situation.
C) Council Member Johnson indicated his concern as to whether or not the City of Lodi is
getting its fair share of Measure K monies. Council Member Johnson suggested that the
COG Executive Director be asked to come before the Council to give a report as to how
allocations are made.
Council Member Johnson asked if the City has given any consideration to a utility bill rate
reduction for small businesses. City Manager Flynn indicated that a rate reduction
recommendation would be brought before the City Council next month.
d) Council Member Pennino advised that Carol Meehleis requested that he announce a
dance being held in early December, 1998 at Hutchins Street Square.
e) Mayor Sieglock reported that Fairmont Sign Company (a plastics company) recently
announced that it is locating in Lodi. This will mean additional jobs for our community_ In
their decision to move to Lodi not only did Lodi's electric rates impact their decision; but
also the company officials were impressed with our community. The Mayor thanked City
Manager Flynn, Deputy City Manager Keeter, Public Works Director Prima, Electric Utility
Director Vallow, and Economic Development Coordinator Goehring for their efforts in this
matter.
Mayor Sieglock gave an update on a CalFed meeting he attended last week in Stockton.
Their proposal would result in the significant conversion of Delta lands to non-agricultural
use. The Mayor indicated that he would continue to monitor this and keep the Council
apprised.
f) City Manager Flynn also urged citizens of this community to attend the Lodi Grape
Festival indicating that several City departments will be having booths including the Year
2000 Steering Committee.
Continued September 16, 1998
The City Manager also reported that the City has been doing clean up work in the area of
Lockeford Street and the Kentucky House Spur. This work is being done by prisoners.
Also, City Manager Flynn announced the trial "Welcome" signs have been placed at
several ingress streets into the City of Lodi.
14. CLOSED SESSION
Mayor Sieglock adjourned the City Council meeting to a Closed Session to discuss the following
matters:
a) Conference with labor negotiator: Government Code §54957.6. Agency negotiator,
Joanne Narloch. Employee organization, Lodi Police Dispatchers Association (LPDA)
There was no need to discuss this item.
b) Conference with labor negotiator: Government Code §54957.6. Agency negotiator,
Joanne Narloch. Employee organization, San Joaquin Public Employees Association
(SJPEA) for Maintenance and Operators
C) Property acquisition at intersection of Central California Traction Tracks and Kentucky
House Branch Track (APN #049-040-06, 07, 19 and 22). Government Code §54956.8
d) Negotiate modification(s) to land lease/leases for White Slough Water Pollution Control
Facility Property. Government Code §54956.8
e) Prospective lease of City property (275± acres adjacent to White Slough Water Pollution
Control Facility); the negotiating parties are ProStyle Sports and the City of Lodi. Price
and terms of the lease are under negotiation
f) Actual litigation: Government Code §54956.9(a). One case. People of the State of
California; and the City of Lodi, California v. Randtron, a dissolved California Corporation,
Oldco Holz, Inc., a suspended, bankrupt, and defunct California Corporation, to the extent
of their interest in the combined single limits of liability coverage under certain policies of
insurance issued by Employers Insurance Of Wausau, A Mutual Company, United States
District Court, Eastern District of California Case No. CIV-598-0620(DFL)(DAD)
g) Actual litigation: Government Code §54956.9(a). One case. Fireman's Fund Insurance
Company v. City of Lodi, et al., United States District Court, Eastern District of California
Case No. CIV -S-98-1489 LKK PAN
15. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 11:25 p.m., and Mayor Sieglock disclosed
the following actions:
There was no final action taken in these matters.
16. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 11:25 p.m.
ATTEST:
Alice M. Reimche
City Clerk