HomeMy WebLinkAboutMinutes - November 14, 1998LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 4,1998
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,
Community Development Director Bartlam, City Attorney Hays and City Clerk
Reimche
2. INVOCATION
The invocation was given by Reverend David S. Hill, Grace Presbyterian Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Boy Scout Fry from Boy Scout Troop No. 199.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Sieglock presented a proclamation to Jan Sarhat, Director of Memorial Home
Care, proclaiming the month of November 1998 as "National Home Care Month" in the
City of Lodi.
b) Mayor Sieglock presented a proclamation to Police Chief Hansen, Animal Service Officers
Bob Lonzo and Terri Arbuckle, and the animal shelter volunteers proclaiming the week of
November 1 — 7, 1998 as "National Animal Shelter Appreciation Week" in the City of Lodi.
C) Mayor Sieglock presented a proclamation to Paula Soto, with the Lodi Community Center,
announcing the Mayor's Annual Holiday Child Share Program and its kickoff event on
November 7, 1998 in the City of Lodi.
d) Tim Mattheis with the Lodi Arts Commission presented an update to the City Council
regarding the many activities of the Arts Commission.
e) Mayor Sieglock presented a Certificate of Recognition to Jane Buchan for her service as
a volunteer and as the Finance Department Volunteer Coordinator.
f) Administrative Assistant to the City Manager Haynes presented a report to the City
Council regarding the Hospice Tree Lighting and the 3rd Annual Parade of Lights. Further,
it was requested that the City Council participate in the judging of the "City Council's
Choice" ribbon for the parade.
g) Mike Phillips with Phillips Vineyard presented the City Council with its gold medal winning
wine Symphony.
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of Mayor
Pro Tempore Land, Sieglock second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
Continued November 4, 1998
a) Claims were approved in the amount of $3,021,704,88.
b) The minutes of October 14, 1998 (Joint Meeting with the Lodi -Woodbridge Winegrape
Commission), October 20, 1998 (Special Meeting), October 21, 1998 (Regular Meeting)
and October 27, 1998 (Special Meeting) were approved as written.
C) Received the report of the sale of surplus vehicles in the following amounts:
1983 Chevrolet 30 Dump Truck
$1,882.00
1983 Dodge Diplomat
$ 194.50
1988 Ford Taurus
$ 307.00
1990 Dodge Ram 50 Pickup
$1,814.50
1992 Ford Crown Victoria
$2,152.00
TOTAL $6,350.00
d) Received the report of the sale of scrap metal from Modesto Junk Company, of Modesto,
in the amount of $9,099.60.
e) Approved the specifications for bids for 384 electric watthour meters and authorized
advertisment for bids.
f) Adopted Resolution No. 98-160 authorizing the purchase of 25 Holophane® Prismasphere
globe luminaires from the low bidder, G. E. Supply Company, of Sacramento, in the
amount of $13,199.38.
g) Agenda item #E-7 entitled, "Authorize City Manager to execute hold harmless agreements
required for issuance of Encroachment Permits for structural or long-term
encroachments" was removed from the Consent Calendar and was discussed and acted
upon following approval of the Consent Calendar.
h) Agenda item #E-8 entitled, "Approve Wide Area Network (WAN) project as prepared by
Angus -Hamer, Inc." was removed from the Consent Calendar and was discussed and
acted upon following approval of the Consent Calendar.
i) Agenda item #E-9 entitled, "Set Public Hearing for November 18, 1998 to consider the
Planning Commission's recommendation that the City Council adopt the Growth
Management Allocations" was removed from the Consent Calendar and was discussed
and acted upon following approval of the Consent Calendar.
j) Adopted Resolution No. 98-162 approving the extension of the Memorandum of
Understanding (MOU) between the Lodi Police Dispatchers Association (LPDA) and the
City of Lodi and approving a 2% salary increase effective October 19, 1998.
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-7 entitled, "Authorize City Manager to execute hold harmless agreements
required for issuance of Encroachment Permits for structural or long-term
encroachments".
Public Works Director Prima reminded the City Council that the current City policy and
ordinances (Lodi Municipal Code §12.04) provide that the Public Works Director may
approve encroachment permits for privately owned and maintained structural or long-term
improvements which encroach on the public right-of-way (street or public utility
easements). The "structural" encroachments usually involve the installation of signs, the
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Continued November 4, 1998
construction of masonry fences along property lines, or other structural improvements
which are integral to site development and will remain in place for a long period of time.
Staff reviews the proposed encroachments with respect to proximity to existing public
facilities, sight distance if located adjacent to street right-of-way, and other conditions
which might adversely affect the City's use of the public right-of-way. In addition, the
owner is also required to provide written authorization for the encroachment from other
public utilities (PG&E, Pacific Bell and MediaOne) that may have existing facilities, or the
right to place future facilities, within the public right-of-way. If a building permit is required
for the encroaching structures, the encroachment permit conditions will require adherence
to the plans approved by the Community Development Department.
City policy also requires that the property owner execute a hold harmless agreement in
conjunction with the issuance of "structural" encroachment permits. A "standard" hold
harmless agreement has been developed for this purpose. Past practice has been that
each hold harmless agreement is individually approved by the Council prior to issuance of
an encroachment permit. The agreements are recorded in the office of the San Joaquin
County Recorder after execution by the City.
The number of "structural" encroachment permits which require hold harmless
agreements has been increasing, along with the required staff time to prepare the Council
report. In order to streamline the process and save staff time, it was recommended that
approval of such hold harmless agreements be delegated to the City Manager. The
review process outlined above for the issuance of the encroachment permit will remain
unchanged. The hold harmless agreement will be forwarded to the City Manager for
signature only after all the required documentation for issuance of the permit has been
received.
Mayor Pro Tempore Land indicated his concern that the Council, by this action, would be
by-passed in the entire process, and stated that he felt Council Members should be privy
to information pertaining to encroachment permits. The City Council was advised by the
Public Works Director and the City Attorney that the requested action authorizes the City
Manager to execute the hold harmless agreements required in conjunction with the
issuance of encroachment permits for structural or long-term encroachments.
Following additional discussion, the City Council, on motion of Mayor Pro Tempore Land,
Pennino second, unanimously authorized the City Manager to execute the hold harmless
agreements required in conjunction with the issuance of encroachment permits for
structural or long-term encroachments, with the understanding that members of the City
Council be furnished with copies of all such permits.
b) Agenda item #E-8 entitled, "Approve Wide Area Network (WAN) project as prepared by
Angus -Hamer, Inc."
Information Systems Manager Helmle presented the following report.
One of the City's major goals is to enhance access to information as well as to
enhance customer service. As a means to achieve this goal, Council authorized staff,
on April 1, 1998 to hire Angus -Hamer, Inc. to engineer a Wide Area Network (WAN)
which would in essence connect all City departments via computers. Council also
authorized staff to expend a total of $15,000 for the engineering study and $60,000 for
the WAN equipment.
Larry Angus, Principle of Angus -Hamer, Inc., has now completed his engineering study
and has proposed a WAN solution which is considerably more costly than the $60,000
staff estimate. The cost differential can be attributed to many factors including the
following:
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Continued November 4, 1998
• The Police Department is required, for security purposes, to have a sound
firewall in place to eliminate unwanted hackers from accessing the system.
• There is a definite need to upgrade on-site fiber optic cabling and the need to
install new fiber optic cable.
• There is a necessity of providing secure Internet access and e-mail for all City
staff.
• The design called for additional equipment to facilitate tighter integration of
Department's computer resources as a result of remote City sites. As an
example, both the Police Department and the Fire Department are represented
in four locations and each must operate as one unit. Likewise, the Public Works
Department is located in three sites and must operate as one unit.
Short of contracting with a different consultant to re-engineer the Angus -Hamer Inc.
solution, staff members have analyzed the proposal and have spoken with reputable
individuals involved in information systems to ascertain the appropriateness of the
project for the City of Lodi. It has been a consensus that the project is sound and
appropriate for the City's needs.
Mr. Angus, in his proposal, identifies the various components which are necessary for
the WAN and compares the costs of equipment as proposed by various vendors. Mr.
Angus compared equipment costs and product quality and concluded that Cisco
Systems would be the best provider for the necessary components.
The total project cost is $295,000, which includes the previously authorized $60,000
equipment expenditure. The net new cost necessary to implement the WAN is
$235,000. The Departments, which have been requested to financially participate in
the acquisition of this system, are overwhelmingly supportive of the project.
Council Member Johnson stated that he was repeating his concern that the City should
retain another engineer to reaffirm the information received from Angus -Hamer, Inc.
regarding this proposal. Mr. Johnson stated that he was not against the project, but felt
the City should obtain a second opinion.
Speaking on the matter was the following person:
1. Stacey R. Moreno, who represented herself as an employee of MCI Systems
House, stated that she felt the money could be used for more pressing
community needs. She stated that she is aware of the need for networking but
thinks the money should be used for such things as school books or school
repairs.
Council Member Pennino responded to Ms. Moreno that school books and school repairs
would need to be from school district funds and not from the City of Lodi; however, he
indicated his interest in any suggestions she might have to reduce the fiscal impact of this
proposal.
Additional discussion followed with questions being posed by members of the City Council
to Information Systems Manager Helmle. Mr. Helmle presented a comprehensive report
as to how the proposed costs were arrived at and the importance of going forward with
the recommendation, Further, Mr. Helmle indicated that this was an all-encompassing
proposal, and that there would be no surprises.
It was suggested that staff meet with Ms. Moreno to ascertain if she could come up with
some cost-saving suggestions.
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Continued November 4, 1998
Following additional discussion, the City Council, on motion of Council Member Mann,
Pennino second, adopted Resolution No. 98-161 approving the Wide Area Network
(WAN) project proposal as prepared by Angus -Hamer, Inc. for a total of $235,000 net new
funds which will supplement the previously authorized $60,000 for the WAN equipment by
the following vote:
Ayes: Council Members — Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — Johnson
Absent: Council Members — None
C) Agenda item #E-9 entitled, "Set Public Hearing for November 18, 1998 to consider the
Planning Commission's recommendation that the City Council adopt the Growth
Management Allocations".
Council Member Johnson suggested that this matter be delayed to a time after the new
Council Members are seated.
Discussion followed with questions being directed to Community Development Director
Bartlam who indicated that he would prefer that it go forward on November 18, 1998.
The City Council, on motion of Mayor Pro Tempore Land, Pennino second, set the Public
Hearing for November 18, 1998 to consider the Planning Commission's recommendation
that the City Council adopt the Growth Management Allocations by the following vote:
Ayes: Council Members — Land, Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — Johnson
Absent: Council Members — None
However, following discussion regarding another matter on the agenda, the City Council
revisited this subject. After a brief discussion, the City Council, on motion of Council
Member Johnson, Sieglock second, unanimously reset the subject Public Hearing for
December 16, 1998.
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
consider approval of Federal Transit Administration (FTA) Fiscal Year 1998/99
Application.
Public Works Director Prima and Transportation Manager Tobar informed the City Council
that the City of Lodi's Transit Division is in the process of preparing the Program of
Projects for fiscal year 1998/99 to be submitted to the FTA. Part of that process is to hold
a Public Hearing. The Program of Projects for fiscal year 1998/99 likely will contain more
FTA funds for the Multimodal Station so that construction can be completed. Listed below
are the projects requested to be included in this Program and the dollar amounts of each.
Operations
$ 300,000
Vehicle Lease
$ 18,600
Passenger Amenities
$ 8,000
Component Rebuilds
$ 9,600
Bus Shelters
$ 72,000
Facility Upgrades
$ 16,000
Vehicle -Related Equipment
$ 3,000
Lodi Multimodal Construction
$1,625,000
Six New CNG Buses
$ 930,000
CNG Station
$ 150.000
TOTAL
$3,132,200
Continued November 4, 1998
Following questioning by Council Member Pennino, the City Council was assured that this
involved the Federal Transit Administration (FTA) Fiscal Year 1998/99 Program of
Projects application only as the specific projects had been approved earlier.
Hearing Ovened to the Public
There was no one wishing to comment on this matter.
Public Portion of Hearinq Closed
ACTION:
The City Council, on motion of Mayor Pro Tempore Land, Sieglock second, unanimously
adopted Resolution No. 98-163 approving the Federal Transit Administration (FTA) Fiscal
Year 1998/99 Application.
8. 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 Mayor Pro
Tempore Land, Sieglock second, unanimously rejected the following claims:
Charles Roosma, date of loss 8/11/98
b) The following report was presented to the City Council:
Planning Commission report of October 14, 1998
C) The City Council, on motion of Council Member Pennino, Sieglock second, unanimously
set a Public Hearing for December 16, 1998 to consider the appeal received from Tim and
Emily Howard regarding Planning Commission decision on Use Permit #98-07, Lodi
Memorial Hospital.
d) City Clerk Reimche informed the City Council that her office had received a letter of
appeal from Richard Gerlack, et al regarding the Planning Commission decision on
Negative Declaration #98-09 and Growth Management Plan #GM98001, Vintners Square
Apartments, 1265 Lower Sacramento Road.
Council Member Johnson suggested that this appeal be heard after the new Council
Members are seated.
Speaking on the matter were the following persons:
Dale Gillespie, G REM, Inc, 920 South Cherokee Lane, Suite A, Lodi, requested
that the Public Hearing go forward on November 18, 1998. Mr. Gillespie
indicated that he had originally applied in May and does not understand the
reason for the delay. Further, Mr. Gillespie stated that they have filed a fee
agreement with Lodi Unified School District (LUSD) and had paid extra to have a
traffic study completed by November 18, 1998.
2. Richard Gerlack, the appellant, 16 East Taylor Road, Lodi, stated that he is not
able to be present on November 18, 1998 because of other commitments.
Further, he stated that he had talked with other residents in the area, and they
have not yet received any information regarding this matter. He also stated that
the current plan is different from the original plan which called for a single-family
residential development.
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Continued November 4, 1998
Following additional discussion, the City Council, on motion of Mayor Pro Tempore Land,
Johnson second, unanimously set the Public Hearing for December 16, 1998 to consider
appeal from Richard Gerlack, et al. regarding Planning Commission decision on Negative
Declaration #98-09 and Growth Management Plan #GM98001, Vintners Square
Apartments, 1265 Lower Sacramento Road.
Because of this action, the City Council revisited Consent Calendar item #E-9. Following
discussion, the City Council, on motion of Council Member Johnson, Sieglock second,
unanimously reset the Public Hearing to consider the Planning Commission's
recommendation that the City Council adopt the Growth Management Allocations for
December 16, 1998.
9. REGULAR CALENDAR
None.
10. ORDINANCES
None_
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
There was no one wishing to comment under this segment of the agenda.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn congratulated the City Clerk and her staff and Intern Janet Hamilton
for an outstanding job on Election Day, indicating that they worked an 18 -hour day in an
effort to assist voters and bring up-to-date information to Lodi voters.
b) Council Member Johnson stated that notices had been appearing in the local newspaper
from "Friends of the Columns" asking what the candidates intended to do regarding the
obscuring of the columns at the Performing Arts Complex at Hutchins Street Square. Mr.
Johnson stated that the answer is "nothing". The project has been completed and now
the focus should be paying down the $10 million debt.
Council Member Johnson also stated that he had received a flier from PG&E Energy
Services promoting their clean electricity which is beneficial to the environment but at a
premium cost. Mr. Johnson stated that the City of Lodi has clean power and that 75% of
our power sources on an on-going basis are clean.
C) Mayor Pro Tempore Land stated that a couple of weeks ago he attended an open house
at Camp Hutchins and expressed what an outstanding job they are doing. Mr. Land also
indicated that they are looking into expanding their operation to accommodate parents
who work swing shifts.
Mayor Pro Tempore Land also invited everyone to attend the Grape Bowl Classic being
held November 7, 1998.
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Continued November 4, 1998
13. CLOSED SESSION
Mayor Sieglock announced that there was no need to the discuss the following matters:
a) 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)
b) 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
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 8:45 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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