HomeMy WebLinkAboutMinutes - November 18, 1998LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 18, 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,
City Engineer Murdoch, Community Development Director Bartlam, Parks and
Recreation Director Williamson, Police Chief Hansen, City Attorney Hays and City
Clerk Reimche
2. INVOCATION
The invocation was given by Natalie Reyes, a representative of the Baha'i.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Sieglock.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mena Khan with the Greater Lodi Area Youth Commission announced the Teen of the
Month Jessica Graham from Lodi Academy High School and the Honorary Teen of the
Month Scott Kaul from Lodi High School.
b) Dennis Lewis with Lodi Adopt -A -Child made a presentation to the City Council regarding
the Lodi Adopt -A -Child Christmas Wish Program.
5. COMMENTS BY THE PUBLIC ON CONSENT CALENDAR ITEMS
a) Richard Warner, 15 Rio Vista Drive, Lodi, spoke in support of the staff recommendation
on agenda item #E-10 entitled, "Amend Traffic Resolution to adopt speed limit
modifications on Harney Lane and Turner Road".
b) Wayne Knauf, 1714 Willow Point Court, Lodi, addressed the City Council regarding
agenda item #E-14 entitled, "Authorize issuance of Request for Proposals (RFP) for
G -Area Drainage Study and authorize City Manager to make organizational changes and
budget amendments to place storm drainage responsibilities within Wastewater Utility".
Mr. Knauf posed questions regarding Mallard Lake as it pertains to G -Area storm
drainage. Public Works Director Prima responded to the questions explaining the role of
Mallard Lake in the overall picture. Mr. Prima concluded his comments by stating that in
the new design, Mallard Lake will no longer provide free space during storms but will
serve as a conduit.
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Land second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
a) Claims were approved in the amount of $5,555,259.57.
Continued November 18, 1998
b) The minutes of November 4, 1998 (Regular Meeting) were approved as written.
C) Approved the specifications for 1999 Sidewalk Repair Program and Miscellaneous
Concrete Work and authorized advertising for bids.
d) Adopted Resolution No. 98-164 authorizing the purchase of Rainbird Maxicom
components for irrigation systems at Armory, Blakely and Hale Parks in the amount of
$26,571.71.
e) Adopted Resolution No. 98-165 awarding the contract for installation of electric utility
substructures on Century Boulevard and Rivergate Drive to the low bidder, Royal Electric
Company, from Sacramento, in the amount of $218,450.00.
f) Accepted the improvements under the "Lodi Lake South Playground Improvements, 1101
West Turner Road" contract and directed the City Engineer to file a Notice of Completion
with the County Recorder's office.
g) Adopted Resolution No. 98-166 accepting the development improvements for Towne
Ranch, Unit No. 6, Tract No. 2810.
h) Adopted Resolution No. 98-167 accepting the development improvements for Lodi
Retirement Residence, 2145 West Kettleman Lane.
i) Agenda item #E-9 entitled, "Approve Final Map and Improvement Agreement for
Millsbridge, Tract No. 2788, and No -Parking Zones on Mills Avenue north of Kettleman
Lane, and Creekwood Drive east of Mills Avenue" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
D Adopted Resolution No. 98-169 amending Traffic Resolution No. 97-148 by approving the
speed limit modifications on portions of Harney Lane and Turner Road.
k) Authorized the City Manager to execute a professional services agreement with West
Yost & Associates for the Wastewater Treatment Master Plan, and appropriated funds in
accordance with staff recommendation.
1) Authorized the City Manager to execute an agreement with the Downtown Lodi Business
Partnership (DLBP) to allow DLBP-sponsored events in the downtown area.
m) Authorized the City Manager to execute a professional services contract with the firm of
Wenell Mattheis Bowe (WMB) for phase two of the Municipal Service Center (MSC)
Expansion planning.
n) Authorized issuance of a Request for Proposals (RFP) for the G -Area storm drainage
study and authorized the City Manager to make organizational changes and budget
amendments to place storm drainage responsibilities within the Wastewater Utility with no
increase in the total budget.
o) Agenda item #E-15 entitled, "Resolution of Intention accepting the Business Improvement
Area (BIA) Annual Report expressing the Council's intention to levee an assessment and
setting Public Hearing for December 16, 1998" was removed from the Consent Calendar
and discussed and acted upon under the Regular Calendar.
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Continued November 18, 1998
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-9 entitled, "Approve Final Map and Improvement Agreement for
Millsbridge, Tract No. 2788, and No -Parking Zones on Mills Avenue north of Kettleman
Lane, and Creekwood Drive east of Mills Avenue".
Public Works Director Prima informed the Council that the subdivision is located south of
the Woodbridge Irrigation District Canal, east of the Sunwest XIV development and north
of Tienda Drive. The development consists of sixty-three single-family residential lots and
includes the construction of street improvements on Tienda Drive, the extension of Mills
Avenue to Kettleman Lane, frontage improvements along Kettleman Lane, and
modification of the existing traffic signal at the Mills Avenue/Kettleman Lane intersection.
The project also includes installation of a four-way stop at the intersection of Mills Avenue
and Tienda Drive. The frontage improvements for the Kettleman Lane Lift Station site at
the southwest corner of the Tienda Drive/Mills Avenue intersection are included in the
project. The Mills Avenue canal crossing is also being done in conjunction with this
development under the terms of the Improvement Agreement for the Public Improvements
of Millsbridge Subdivision, Phase I, approved by Council on November 19, 1997.
The developers, Tokay Development, Inc., a California corporation, and R. Thomas
Development, Inc., a California corporation, have furnished the City with the improvement
plans, necessary agreements, guarantees, insurance certificates and fees for the
proposed subdivision.
The developers will receive credit against fees for the following items, all in conformance
with LMC §16.40 Reimbursements for Construction:
1. Street improvements in excess of 68 feet on Mills Avenue ($7,771.30) and 34 feet on
Kettleman Lane ($17,955.24);
2. Right-of-way dedication of Mills Avenue in excess of 68 feet (0.136 acres @
$80,000.00/acre; $10,880.00);
3. Retaining walls west of Mills Avenue as necessitated by the finished roadway design
for the Mills Avenue canal crossing ($47,126.20) in conformance with the above -
referenced agreement for the canal crossing;
4. Oversize water mains in Tienda Drive and Mills Avenue ($6,136.46) and the major
water main street crossing in Kettleman Lane ($9,331.08);
5. Master plan storm drain line in Tienda Drive ($28,703.84); and
6. Street frontage improvements for the Kettleman Lane Lift Station site consisting of
curb, gutter, sidewalk, and street paving ($11,780.48) and one-half the cost of the
water main installation ($3,918.20).
Traffic Signal Modification
Since Mills Avenue is being extended to Kettleman Lane, the existing traffic signal at the
Mills Avenue/Kettleman Lane intersection will be modified as a part of this project. Signal
modification plans are being prepared by the developer's engineer and require Caltrans
approval and issuance of a Caltrans encroachment permit prior to construction. The
developers will be reimbursed for the cost of the signal modification in conformance with
LMC §16.40 Reimbursements for Construction under the terms of an addendum to the
Improvement Agreement. Staff will submit the addendum for Council approval and
appropriation of necessary funds when the plans are approved and the actual cost is
known. Acceptance of the public improvements for the Millsbridge subdivision is
contingent upon the completion of this work.
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Continued November 18, 1998
Mills Avenue Canal Crossin
1. The construction of the canal crossing approach on the south side of the WID Canal
required the placement of fill material. Since the subdivision site did not contain
sufficient soil to accommodate the crossing construction and the grading operations
for the subdivision, the development obtained fill material from G -Basin to balance the
site. The developers shall provide the City with an accounting of material excavated
and material placed at the subdivision site. Payment by developer for any excess
material will be included in the terms of the above-mentioned addendum to the
Improvement Agreement.
2. The final roadway paving for the Mills Avenue canal crossing will be installed as a part
of this project in conformance with the previously mentioned agreement for the canal
crossing. The final design for this work is in progress. Reimbursement to the
developers for the cost of the final roadway paving will be included in the terms of the
addendum to the Improvement Agreement. Acceptance of the public improvements
for the Millsbridge subdivision is contingent upon the completion of this work.
No -Parking Zones
With the construction of Mills Avenue, bicycle lanes will be installed as recommended in
the Lodi Transportation Master Plan. As a condition of the tentative map, City staff
requested no -parking zones at the following locations to accommodate travel lanes and
improve visibility.
1. Mills Avenue
a) Both sides from Kettleman Lane to 275 feet north of Kettleman Lane;
b) East side between Tienda Drive and Brentwood Drive; and
c) East side between Bridgewood Drive and Creekwood Drive.
2. Creekwood Drive
a) North side between Mills Avenue and Crystal Lane.
The no -parking zones on Mills Avenue immediately north of Kettleman Lane are located
adjacent to commercial sites which will have adequate on-site parking. The no -parking
zones north of Tienda Drive are adjacent to four residential side yards on the east side of
Mills Avenue and adjacent to the Woodbridge Irrigation District Canal on the north side of
Creekwood Drive.
Mayor Pro Tempore Land posed a number of questions regarding the staff presentation
and recommendation, including the question as to whether or not bicycle lanes would be
included in this subdivision and concerns regarding the proposed no -parking zones.
Following discussion, with additional questions being directed by the Council to staff, the
City Council, on motion of Council Member Pennino, Land second, unanimously adopted
Resolution No. 98-168 taking the following actions with regard to the Millsbridge
subdivision;
1. Approved the final map for Millsbridge, Tract No. 2788, and directed the City Manager
and City Clerk to execute the Improvement Agreement and map on behalf of the City.
2. Appropriated funds for required fee credits/reimbursements.
3. Approved the installation of no -parking zones at the following locations:
a) Mills Avenue
i) Both sides from Kettleman Lane to 275 feet north of Kettleman Lane;
ii) East side between Tienda Drive and Brentwood Drive; and;
iii) East side from 50' south of Creekwood Drive to Creekwood Drive.
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Continued November 18, 1998
8. PUBLIC HEARINGS
a) Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Sieglock called for the Public Hearing to
consider the technical equipment purchase proposal for Local Law Enforcement Block
Grant Program.
Police Chief Hansen informed the City Council that on July 10, 1998, the Lodi Police
Department applied for a Grant from the Local Law Enforcement Block Grant Program
Funds in the amount of $93,372, which includes matching funds of $9,372. The source of
the matching funds will be taken from the 1998/99 Lodi Police Department Budget. When
the funds are received, they will be placed in a special revenue fund, pending dispersal.
On October 14, 1998, an Advisory Board convened and reviewed the proposal for the
disbursement of those funds, The proposal indicated that we would purchase software for
the Records Management System.
The Advisory Board consisted of the following persons:
• Dr. Rich Ferrera, Assistant Superintendent, Lodi Unified School District
• Robert Baysinger, Judge, Lodi Municipal Court
• D.D.A. Scott Fichtner, San Joaquin County District Attorney's Office
• Richard Jones, President, Lodi Boys and Girls Club
• Charles Mauch, Captain, Lodi Police Department
• Jerry Adams, Captain, Lodi Police Department
• Larry Hansen, Chief, Lodi Police Department
• Julie Wall, Lodi Police Department
The Advisory Board agreed with the proposal and made no other recommendations.
Hearina Opened to the Public
There was no one wishing to speak on this matter.
Public Portion of Hearina Closed
ACTION:
Chief Hansen responded to a number of questions regarding the matter as were posed by
the City Council. Council Member Pennino asked that Chief Hansen provide him with a
copy of the 1996 and 1997 expenditures.
The City Council, on motion of Mayor Pro Tempore Land, Sieglock second, unanimously
adopted Resolution No. 98-171 authorizing the Lodi Police Department to purchase
software for the Records Management System in the amount of $93,372.00, which
includes $9,372 in matching funds to be taken from the 1998/99 Lodi Police Department
budget.
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
Sieglock, Land second, unanimously rejected the following claims:
1. Norman Hubner, date of loss 7/17/98
2. Olga Silva, date of loss 7120/98
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Continued November 18, 1998
b) The following report was presented to the City Council:
1. Planning Commission report of October 28, 1998
C) The City Council, on motion of Mayor Pro Tempore Land, Pennino second, unanimously
directed the City Clerk to post for the following expiring terms on various boards and
commissions:
Senior Citizens Commission
Richard Sanford Term to expire December 31, 1998
Recreation Commission
Ken Sasaki Term to expire December 31, 1998
Ed Wall, Jr. Term to expire December 31, 1998
Joe Handel Term to expire December 31, 1998
Site Plan and Architectural Review Committee
Keith Selleseth Term to expire January 1, 1999
d) Following introduction of the matter, Council Member Pennino nominated Council Member
Mann to fill the vacancy on the San Joaquin Partnership, which will be created by the
resignation of Mayor Sieglock. Mayor Sieglock seconded the motion. Mayor Pro
Tempore Land and Council Member Johnson voiced their opinion that the appointment
should be made by the Council following the swearing-in of Council Members Elect
Hitchcock and Nakanishi at the December 1, 1998 meeting. Council Member Mann then
responded by declining the nomination, resulting in no action being taken on the matter.
e) City Clerk Reimche informed the City Council that her office received two letters from
MediaOne regarding rate changes, which will be effective January 1, 1999, and
adjustments of MediaOne's telephone and lobby hours, which will be effective December
7, 1998. There was no Council action required.
10. REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Naming of Bridgetown Development Park".
Parks and Recreation Director Williamson provided the following report.
During the months of July and August 1998, the Parks and Recreation Department
solicited suggested names for the park in the Bridgetown Subdivision. The Department
received 63 various names.
At the September 1, 1998 Parks and Recreation Commission meeting, the Commission
reviewed the 63 suggested names and voted to tabulate the top ten choices of each
Commissioner and to bring the five highest-ranking choices back for review. At their
October 61' meeting, the Commission voted 3 — 2 to forward their five highest-ranking
choices to the City Council for final selection. Those names are as follows:
• James Culbertson Park
• Bozant "Bo" Katzakian Park
• Elvera Melby Park
• James Pinkerton Park
• Ben Schaffer Park
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Continued November 18, 1998
Speaking on the matter were the following persons:
Jeff Zarifis, 1108 Waterford Way, Lodi, spoke on behalf of the homeowners
association in the Bridgetown subdivision and urged the Council to adopt a more
neutral, geographical name. He further stated that the homeowners wanted to
retain the name of Bridgetown Park.
Steve Scott, 511 Virginia Avenue, Lodi, spoke of the many outstanding qualities
of Elvera Melby and urged the Council to name this park in her honor. Mr. Scott
further stated that on the recommended list that had come from the Parks and
Recreation Commission, Mrs. Melby, an educator and long-time member of the
Parks and Recreation Commission, was the only female and non -past Council
Member on the list.
Mayor Pro Tempore Land proposed that the park be named "Mayor's Park" and that a
plaque be placed at the park identifying all past Mayors of the City. Further, in the future
as new Mayors are selected, their names would be added to the plaque.
Council Member Mann stated that he had been asked by a constituent to offer the name
of "Towne Park" to those names being considered.
Council Member Pennino stated that the idea of a geographical name appealed to him.
It was suggested that this matter be returned to the Parks and Recreation Commission for
consideration of geographical names as well as those previously recommended.
A lengthy discussion followed. Council Member Johnson then moved that the park be
named for Elvera Melby. The motion died for lack of a second.
Council Member Pennino then moved that the park be named "Towne Park". The motion
died for lack of a second.
Council Member Mann moved that the park be named "Schaffer Park" with a request that
the motion carry by four or more votes. Mayor Sieglock seconded the motion. Council
Member Land then stated that a member of the Schaffer family had asked him that Mr.
Schaffer's name be withdrawn from consideration. The motion and second were
therefore withdrawn.
Council Member Mann then made a motion to adopt Resolution No. 98-172 naming the
park the "Bozant'Bo' Katzakian Park". The motion carried by the following vote:
Ayes: Council Members — Mann, Pennino and Sieglock (Mayor)
Noes: Council Members — Johnson and Land
Absent: Council Members — None
b) Agenda item #H-2 (formerly #E-15) entitled, "Resolution of Intention accepting the
Business Improvement Area (BIA) Annual Report expressing the Council's intention to
levee an assessment and setting Public Hearing for December 16, 1998".
City Attorney Hays informed the City Council that before it was the annual report which is
required by the Streets and Highways Code relative to the Business Improvement Area
Assessment. Mr, Alan Goldberg a member of the Board of Directors was present to
respond to any questions the City Council might have regarding the matter,
Continued November 18, 1998
Discussion followed with questions regarding the matter being posed by members of the
City Council. Council Member Pennino indicated his concern that a better job of
"out -reaching" needed to be done. Council Member Johnson asked if the assessments
are enforceable or are being enforced. The City Attorney responded that past due
assessments have now been sent on for collection.
Following additional discussion, the City Council, on motion of Council Member Pennino,
Land second, unanimously adopted Resolution of Intention No. 98-170 accepting the
Business Improvement Area (BIA) Annual Report expressing the City Council's intention
to levee an assessment and setting Public Hearing for December 16, 1998.
11. ORDINANCES
None.
12. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Barbara McWilliams, owner of Posers T.V. and Radio, 208 South School Street, Lodi,
invited the public to attend the December 3, 1998, Parade of Lights, which will commence
at 6:27 p.m. Ms. McWilliams indicated that presently there are 88 entries in the parade.
b) Jane Lea, representing the East Side Improvement Committee, 1931 Holly Drive, Lodi,
advised that a survey had been conducted regarding neighborhood concerns. Ms. Lea
presented numerous charts reflecting the results of the survey indicating that 61% of
those surveyed had indicated that the number one concern in the community was crime.
Following her presentation, Ms. Lea asked for Council direction as to how the Committee
should now proceed. The City Council thanked Ms. Lea and the East Side Improvement
Committee for the information and stated that this had been their first opportunity to
review this matter. The City Clerk was asked by the City Council to provide them with
copies of the materials that Ms. Lea had presented.
13. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) City Manager Flynn invited the community to the official Arch Lighting which will take
place November 19, 1998, commencing at 6:00 p.m. at Pine and Sacramento Streets and
gave a brief overview of the planned event.
b) Mayor Sieglock and Mayor Pro Tempore Land wished the citizens of Lodi a Happy
Thanksgiving.
c) Mayor Pro Tempore Land advised that the newly elected members of the Lodi City
Council will be sworn into office on Tuesday, December 1, 1998. The ceremony, along
with the reorganization of the City Council, will take place at 7:00 p.m. in the Carnegie
Forum.
14. CLOSED SESSION
Mayor Sieglock adjourned the City Council meeting at 8:40 p.m. to a Closed Session to 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) There was no need to discuss this
matter.
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Continued November 18, 1998
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 There was no need to discuss
this matter.
C) Personnel — Performance Review of Council Appointees (Government Code §54957) —
City Clerk, City Attorney and City Manager; and appropriate action
15. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 10:35 p.m., and Mayor Sieglock disclosed
that there were no actions taken regarding items a) and b). However, in regards to item c), the
City Council took the following actions:
The City Council, on motion of Mayor Sieglock, Mann second, unanimously adopted
Resolution No. 98-173 approving a salary increase of three and one-half percent (3-% %)
for the City Manager, effective the first pay period of 1999 beginning December 28, 1998.
The City Council, on motion of Mayor Sieglock, Land second, adopted Resolution No.
98-174 approving a salary increase of three and one-half percent (3-1/2 %) for the City
Attorney, effective the first pay period of 1999 beginning December 28, 1998 by the
following vote:
Ayes: Council Members — Johnson, Land, Pennino and Sieglock (Mayor)
Noes: Council Members — Mann
Absent: Council Members — None
The City Council, on motion of Mayor Sieglock, Land second, unanimously adopted
Resolution No. 98-175 approving a salary increase of three and one-half percent (3-'/ %)
for the City Clerk, effective September 1, 1998.
16. ADJOURNMENT
There being no further business to come before the City Council, Mayor Sieglock adjourned the
meeting at approximately 10:55 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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