HomeMy WebLinkAboutMinutes - March 17, 1999LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 17, 1999
7:00 P.M.
1. ROLL CALL
Present: Council Members — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Deputy City Manager Keeler, Public Works Director Prima,
Community Development Director Bartlam, City Attorney Hays and City Clerk
Reimche
2. INVOCATION
The invocation was given by Natalie Reyes, member of the Bahai.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Land.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Land presented a proclamation honoring Lenore Sypnieski as Green Thumb's
Outstanding Worker in San Joaquin County.
b) Julia Rough with the Greater Lodi Area Youth Commission acknowledged the Teen of the
Month, Mena Khan from Lodi High School, and the Honorary Teen of the Month, Tyler
Seibert from Bear Creek High School.
C) Mayor Land presented Christopher and Denise Ellsworth, Owner -occupants of the single-
family residence located at 322 North Pleasant Avenue, with the Community Improvement
Award for March 1999.
d) Mayor Land and Rob Lechner, Chairman of the Year 2000 Steering Committee,
introduced the winners of the Year 2000 Steering Committee Place Mat Contest — Track
C. Jamee Yang, 3' Grader from Parklane School, and Nick Baillie, W1 Grader from
Reese School, each received a Certificate of Recognition and a gift certificate from
Barnes & Nobel in the amount of $50.
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Hitchcock, Pennino second, unanimously approved the following items
hereinafter set forth except those otherwise noted:
a) Claims were approved in the amount of $2,376,220.06.
b) The minutes of March 3, 1999 (Regular Meeting) were approved as written.
C) Approved the plans and specifications for Softball Complex Bleacher Project and
authorized advertisement for bids.
d) Approved the plans and specifications for Walkway Improvements to Glaves, Beckman
and Lodi Lake Parks and authorized advertisement for bids.
Continued March 17, 1999
e) Approved the plans and specifications for Century Park Playground Improvements and
authorized advertisement for bids.
f) Accepted the improvements under the "Lower Sacramento Road Resurfacing, Turner
Road to 400 Feet North of Eilers Lane" contract and directed the City Engineer to file a
Notice of Completion with the County Recorder's office.
g) Adopted Resolution No. 99-42 approving the installation of no -parking zones on both
sides of Evergreen Drive south of Turner Road to accommodate Class II bike lanes and
appropriated the necessary funding.
h) Adopted Resolution No. 99-43 approving the renewal of the existing landscape
maintenance contract for the 1999/2000 fiscal year to Odyssey Landscape Company,
Inc., of Stockton, subject to final approval of the budget.
i) Authorized the City Manager to execute an amendment to the East San Joaquin Parties
Water Authority (ESJPWA) Joint Powers Agreement.
D Authorized the City Manager to sign a professional services agreement for general civil
engineering support services with Harris & Associates that would allow this firm to
perform civil engineering duties for the City on an as -needed basis.
k) Adopted Resolution No. 99-44 authorizing the Community Development Director to
submit the Waste Tire Facility Enforcement Grant Application to State Integrated Waste
Management Board.
1) Adopted Resolution No. 99-45 supporting the development of legislation to limit waste
diversion requirements to Class III type waste.
m) Took the following actions with regard to Public Benefits Program Grants (totaling
$9,335.00) for energy efficiency and demand-side management projects:
• Adopted Resolution No. 9946 entitled, "A Resolution Of The Lodi City Council
Authorizing The City Manager To Provide A Public Benefits Charge (PBC) Grant To
Hazel's Restaurant"; and
• Adopted Resolution No, 99-47 entitled, "A Resolution Of The Lodi City Council
Authorizing The City Manager To Provide Public Benefits Charge (PBC) Grant To
City Of Lodi Parks And Recreation.
(Council Member Mann abstained from discussion and voting on this matter.)
n) Agenda item #E-14 entitled, "Set Public Hearing for April 21, 1999 to consider introducing
an ordinance to add Lodi Municipal Code Chapter 10.43, 'Regulations for Roller Skating'
and amend Chapters 10.40, 'Regulations for Bicycles' and 10.42, 'Skateboards"' was
removed from the Consent Calendar and discussed and acted upon following approval of
the Consent Calendar.
o) Agenda item #E-15 entitled, "Set Public Hearing for April 7, 1999 to consider the Planning
Commission's recommendation that the City Council adopt a General Plan Land Use
Amendment from MDR, Medium Density Residential to LDR, Low Density Residential at
2630 Paradise Drive, Lodi" was removed from the Consent Calendar and discussed and
acted upon following approval of the Consent Calendar.
P) Agenda item #E-16 entitled, "Request to set hearing under the comprehensive Municipal
Environmental Response and Liability Ordinance (MERLO) at the request of Joseph
Salazar, Attorney for M&P Investments" was removed from the Consent Calendar and
discussed and acted upon following approval of the Consent Calendar.
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Continued March 17, 1999
q) Approved a temporary credit card increase to $20,000 for City Clerk to expire on March
31, 1999.
r) Agenda item #E-18 entitled, "Recommendation to participate in Joint Countywide
Feasibility Study to explore options of County Animal Shelters" was pulled from the
agenda pursuant to staff request.
S) Authorized the City to join the amicus brief in the case of Foster v. City of Napa, First
District Court of Appeal No. A084652.
6. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-14 entitled, "Set Public Hearing for April 21, 1999 to consider introducing
an ordinance to add Lodi Municipal Code Chapter 10.43, 'Regulations for Roller Skating'
and amend Chapters 10.40, 'Regulations for Bicycles' and 10.42, 'Skateboards"'.
Public Works Director Prima prepared the following report.
The Vice President of the Downtown Lodi Business Partnership requested that
skateboards, bicycles, and rollerblading (roller skating) be prohibited on sidewalks in the
downtown area due to safety concerns. While the City can administratively regulate the
use of skateboards and bicycles under LMC Subsection 10.40.026, there are no
regulations for roller skating. The purpose for this is to present an ordinance for
discussion which would regulate roller skating, and also make minor changes and
additions necessary to provide uniformity related to the signing and posting of this and
similar restrictions.
Regulations for Roller Skating
California Vehicle Code Section 21969 allows local authority to adopt rules and
regulations by ordinance to regulate the use of roller skates on sidewalks as well
as roadways. Based on this, a new LMC Chapter 10.43 was drafted to regulate
roller skating both in the public right-of-way and other posted properties, very
similar to the existing skateboard regulations. The definition of roller skates
would include in-line skates, commonly called "rollerblades." This would allow the
City to administratively post sidewalks to prohibit skating and property owners to
do so on site as well.
2. Skateboards
Per LMC Chapter 10.42, the minimum sign size required to prohibit skateboarding
is 18"x18". This sign was selected because it was needed to accommodate the
cartoon depiction of a skateboarder that was first used to designate this
restriction. However, some businesses felt the cartoon character was not
appropriate, so, in those cases, word signs were used. There is no other
significance to the sign size, and reducing the size to a minimum of 12" wide by
18" high would not affect the ability to post the larger signs. The reduced sign
size will be the same as standard "No Parking" and "Time Limit Parking" signs, so
signs can be mounted back to back, if needed.
3. Regulations for Bicycles
The final issue is the standardization of posting method and sign type for the
restriction of skateboards, bicycles and roller skates. At this time, the LMC
specifies sign wording, size, and posting method for skateboards but not for
bicycles. In order to provide consistency, the sign wording, size, and posting
method would be added to the regulations.
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Continued March 17, 1999
Although staff has concerns about discouraging people to go Downtown, based on the
safety concerns expressed by the Downtown Lodi Business Partnership, staff
recommended that Council set a Public Hearing to publicly review this issue.
Council Member Hitchcock indicated that she had removed this item in order to explain
that the Council's action this evening was to set this matter for a Public Hearing. The time
and place for discussion and comments would be at the April 21, 1999 City Council
meeting.
The City Council, on motion of Council Member Hitchcock, Land second, unanimously set
a Public Hearing for April 21, 1999 to consider introducing an ordinance to add Lodi
Municipal Code Chapter 10.43, "Regulations for Roller Skating" and amend Chapters
10.40, "Regulations for Bicycles" and 10.42, "Skateboards".
b) Agenda item #E-15 entitled, "Set Public Hearing for April 7, 1999 to consider the Planning
Commission's recommendation that the City Council adopt a General Plan Land Use
Amendment from MDR, Medium Density Residential to LDR, Low Density Residential at
2630 Paradise Drive, Lodi".
Mayor Land posed questions regarding the proposed density change in light of the City
Council's recent past action in a related matter. Community Development Director
responded and answered additional questions as were posed by the City Council.
The City Council, on motion of Mayor Land, Hitchcock second, unanimously set public
hearing for April 7, 1999 to consider the Planning Commission's recommendation that the
City Council adopt a General Plan Land Use Amendment from MDR, Medium Density
Residential to LDR, Low Density Residential at 2630 Paradise Drive, Lodi.
C) Agenda item #E-16 entitled, "Request to set hearing under the comprehensive Municipal
Environmental Response and Liability Ordinance (MERLO) at the request of Joseph
Salazar, Attorney for M&P Investments"
City Attorney Hays reminded the City Council that the City, under the terms of its
Comprehensive Municipal Environmental Response & Liability Ordinance, has been
pursuing an Administrative Action against M&P Investments, the owners of the property
where the Busy Bee Cleaners were located. This particular administrative action has
been going on for several months.
Just recently the Hearing Officer in the matter, Attorney John Reece of Stockton issued a
ruling that was favorable to the City. Counsel for M&P Investments, Joe Salazar, has
timely filed pursuant to §824.060 (B) (5) an objection to the Hearing Officer's Order. This
filing on behalf of M&P Investments requires that a hearing be held before the City
Council in order to review the Hearing Officer's Order.
Under the procedures established in our ordinance, it is necessary that the hearing be set
far enough in advance that the requesting party can be provided at least twenty-one (21)
days notice of the hearing date. Additionally, since it is expected that the hearing will take
approximately one hour, it is believed by staff to be appropriate to suggest that the
hearing being held at a time other than a regular Council meeting.
City Attorney Hays removed this item in order to inform the City Council that the time for
this hearing needs to be scheduled to 6:00 p.m. rather than 5:30 p.m. as originally
requested. City Attorney Hays responded to questions as were posed by the Council.
The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
set hearing for April 14, 1999 at 6:00 p.m. under the comprehensive Municipal
Environmental Response and Liability Ordinance (MERLO) at request of Joseph Salazar,
Attorney for M&P Investments.
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Continued March 17, 1999
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 Land called for the Public Hearing to consider
amending the ordinance relating to police alarm fees.
ACTION:
The City Council, on motion of Council Member Hitchcock, Mann second, unanimously
continued the Public Hearing to April 7, 1999 to consider the ordinance relating to police
alarm fees.
8. COMMUNICATIONS (CITY CLERK)
a) City Clerk Reimche read the following ABC Licenses:
C.R. Star Inc. to Joel Leobardo Garza, Star Market, 741 South Cherokee Lane,
Lodi, Off -Sale General, Person to Person Transfer
b) The following report was presented to the City Council:
1. Planning Commission report of February 24, 1999
9. REGULAR CALENDAR
None.
10. ORDINANCES
None.
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Eileen St. Yves, 310 South Orange Avenue, Lodi, spoke regarding an incident that
occurred approximately 7 months ago where she alleges that two inexperienced police
officers gained entrance into her apartment in an illegal manner. She wondered who was
responsible for this and indicated that she feels the Police Chief needs to accept
responsibility for what is going on in his department.
City Manager Flynn stated that this has been a topic of discussion for several months and
that he had sent a personal letter of apology to her regarding the matter. He further
indicated that this matter is now under formal investigation; therefore, it would not be
appropriate to respond to Ms. St. Yves at this time. Ms. St. Yves commented that she
was pleased to know that the investigation was underway.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Members Pennino and Hitchcock and Mayor Land spoke about the recent
National League of Cities Congressional Congress they attended in Washington D.C. and
the various topics of major concern that were discussed, which included:
• Loss of revenue to cities because of Internet sales. It was requested that staff
monitor this and provide the City Council with a report of its findings.
• The push to have City employees pay Social Security and the resulting drain this
would have on the City's resources.
• The Year 2000 Census and whether or not cities should have involvement or post
census review.
Continued March 17, 1999
Council Member Hitchcock stated that she really appreciated the experience and that she
came away with a real sense that Federal officials want to hear from local elected
officials.
Mayor Land reported on meeting with Congressman Pombo in Washington D.C.
regarding TEA21 and seeking assistance with the funding for the parking structure on
Sacramento Street and the purchase of three C&G buses. Mayor Land indicated that it
appears Congressman Pombo will be assisting the City in this matter.
b) Following a request by Mayor Land as to the feasibility of establishing a Skate Park in
Lodi, the City Manager responded that this will be matter of discussion for the April 20,
1999 Shirtsleeve Session.
Mayor Land announced that the Lodi Grape Festival Spring Wine Show will be held March
26'" and 270' and urged all citizens to attend.
The Mayor announced that he has asked the City of Lodi Year 2000 Steering Committee
to assist the City of Lodi during the Year 2000 Census process.
C) City Manager Flynn stated that he has been working with COG and Community
Development Director Bartlam on the Year 2000 Census and that this will be one of the
topics of discussion at the March 23, 1999 Shirtsleeve Session.
City Manager Flynn stated that sales tax has been closely watched and Council will be
apprised of any anticipated loss of sales tax revenues because of Web Page sales.
City Manager Flynn indicated that the City had received some very nice compliments
regarding Public Works employees performing their duties in the community.
City Manager Flynn extended happy birthday wishes to Council Members Nakanishi and
Pennino and to Deputy City Manager Keeter.
d) Council Member Nakanishi stated that he has been on the City Council now for four
months and he has come to realize what a good staff the City of Lodi has. He invited
constituents to call him if they have any questions.
13. CLOSED SESSION
Mayor Land adjourned the City Council meeting to a Closed Session to discuss the following
matters:
a) 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
b) Prospective acquisition/exchange of real property located at 1430 and 1460 East Lodi
Avenue (APN #'s 049-07-007 and 049-07-008) and 1528 East Lodi Avenue (APN
# 049-07-009), the negotiating parties are City of Lodi and George A. Gillespie et al.
Negotiators to discuss terms of exchanging property. Government Code §54956.8.
14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 11:45 p.m., and Mayor Land disclosed the
following actions:
In regards to item a) there was no final action taken, however, in regards to item b) the City
Council provided direction for staff to proceed with the negotiations.
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Continued March 17, 1999
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Land adjourned the
meeting at approximately 11:45 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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