HomeMy WebLinkAboutMinutes - May 5, 1999LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MAY 5, 1999
7:00 P.M.
ROLL CALL
Present: Council Members — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor)
Absent: Council Members - None
Also Present: City Manager Flynn, Deputy City Manager Keeter, Public Works Director Prima,
Community Development Director Bartlam, Police Chief Hansen, City Attorney
Hays and City Clerk Reimche
2. INVOCATION
The invocation was given by Pastor Jim Robinette, M-2 Ministry — Calvary Bible Church.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Land.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Police Chief Hansen presented the following Police Awards:
• Officer of the Year — Officer Rick Cromwell (accepting this award was Officer
Cromwell's widow, Cindy Cromwell);
• Employee of the Year— Records Supervisor Laurelee Waddell;
• Volunteer of the Year — Partner Charlene Barton;
• Meritorious Service Award — Police Officer Bobby Amin;
• Chief of Police Service Awards — Captain Jerry Adams, Sergeant Gary Benincasa,
and Police Officer Steve Carilio;
• Life Saving Citation — Sergeant Conrad Hunziker; and
• Citizen Service Awards — Citizen Paula Shaver (Ms. Shaver was not present at the
meeting to accept her award).
b) Mayor Land presented a proclamation to Amanda Solway with the U.S. Post Office
proclaiming Saturday, May 8, 1999 as "National Letter Carrier Food Drive Day" in the City
of Lodi.
C) Mayor Land presented a proclamation to Public Works Director Prima and Street
Superintendent Bradley proclaiming the week of May 16 — 22, 1999 as "National Public
Works Week" in the City of Lodi.
d) Theo Vandenberg with the Lodi Arts Commission updated the City Council on the many
activities of the Lodi Arts Commission.
5. COMMENTS BY THE PUBLIC ON CONSENT CALENDAR ITEMS
a) Georgianna Reichelt, 3605 East Louie Avenue, Manteca, spoke regarding agenda item
#E-7 entitled, "Ratify the 1999/2000 Annual Financial Plan for the San Joaquin County
Council of Governments (COG)". Ms. Reichelt questioned if this item had anything to do
with having COG "spring" for the parking lot. Council Member Pennino responded that it
did not and further answered other questions regarding the matter as were posed by Ms.
Reichelt.
Continued May 5, 1999
b) Helen Stevens, 616 West Turner Road, Lodi, spoke regarding agenda item #E-10
entitled, "Set Public Hearing for June 2, 1999 to consider requiring installation of sidewalk
along West Turner Road". Ms. Stevens indicated that she has lived at this location for 29
years without sidewalks and has never had any complaints. She asked that the setting of
this Public Hearing be removed from the agenda.
C) Katy Marconi, 620 West Turner Road, Lodi, also commented on agenda item #E-10. She
requested that her property be removed from the list of those properties under
consideration in this matter.
Both Ms. Stevens and Ms. Marconi were advised that the action before the City Council
this evening was to set the matter for Public Hearing on June 2, 1999, which would be the
appropriate time to hear all testimony regarding the subject.
6. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Hitchcock second, unanimously approved the following items
hereinafter set forth:
a) Claims were approved in the amount of $2,457,819.35.
b) The minutes of April 14, 1999 (Special Meeting), April 15, 1999 (Special Meeting) and
April 21, 1999 (Regular Meeting) were approved as written.
C) Received report of the sale of surplus vehicles.
d) Adopted Resolution No. 99-69 accepting the public improvements for Phase 1 of the
Millsbridge Subdivision.
e) Accepted the improvements under the "Century Boulevard and Rivergate Drive Electric
Utility Substructures" contract and directed the City Engineer to file a Notice of
Completion with the County Recorder's Office.
f) Adopted Resolution No. 99-70 approving 106 feet of no parking on Ham Lane north of
Turner Road, in front of Lakewood Middle School.
g) Adopted Resolution No. 99-71 ratifying the 1999/2000 Annual Financial Plan for the San
Joaquin County Council of Governments (COG).
h) Approved the agreement for professional services for Carl A. Worthington and Associates
to carry out a scope of work that includes the preparation of thematic urban design plans
for the joint Cinema/Parking/Retail/Streetscape project.
i) Adopted Resolution No. 99-72 granting permission to destroy certain records in excess of
two years of age as listed below:
• Closed litigation files in excess of two or more years.
• Miscellaneous memoranda and correspondence 1991-1995.
• Miscellaneous claim files for years 1993-1995.
j) Set Public Hearing for June 2, 1999 to consider requiring installation of sidewalk along
West Turner Road.
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Continued May 5, 1999
PUBLIC HEARINGS
None.
8. COMMUNICATIONS (CITY CLERK)
a) The following report was presented to the City Council:
Planning Commission report of April 14, 1999
b) The City Council, on motion of Council Member Hitchcock, Nakanishi second,
unanimously directed the City Clerk to post for the following vacancies:
Lodi Arts Commission
Mario Kerner Term to expire July 1, 2000
Site Plan and Architectural Review Committee (SPARC)
Virginia Snyder Term to expire January 1, 2000
C) The City Council, on motion of Council Member Pennino, Hitchcock second, unanimously
directed the City Clerk to post for the following expiring terms on various boards and
commissions:
Advisory Board 49-99
Vacancy
Library Board
Don Shephard
Lodi Arts Commission
Beth Handel
Theo Vandenberg
Eleanor Kundert
Janet Dillon
Greater Lodi Area Youth Commission
Adult Appointments
Ken Mullen
Jeff Fleak
Student Appointments
Charlie Tyler
Julia Rough
Summer Pennino
Alisha Thawley
Ashleigh Krueger
Planning Commission
Dorean Rice
Roger Stafford
Term expires July 1, 1999
Term expires June 30, 1999
Term expires July 1, 1999
Term expires July 1, 1999
Term expires July 1, 1999
Term expires July 1, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires August 30, 1999
Term expires June 30, 1999
Term expires June 30, 1999
San Joaquin County Council of Govemments (COG) Citizens' Advisory Committee
Richard Blackston
Term expires June 30, 1999
d) City Clerk Reimche informed the City Council that her office received a notice that the
United States of America Federal Energy Regulatory Commission will hold a public
meeting with Pacific Gas & Electric Company (PG&E) the applicant for the Mokelumne
Hydroelectric Project No. 137, the U.S. Forest Service, and other interested parties to
discuss alternatives for completing the process of this relicense.
Continued May 5, 1999
9. REGULAR CALENDAR
a) Agenda item #H-1 entitled, "Review of City Sidewalk Replacement Policies and
Downtown Sidewalks".
Public Works Director Prima informed the Council that the City has received a request from
a Downtown property owner to replace sidewalk along their frontage, which involves a set
of basement access doors. This request was prompted by a City directive to the property
owner to repair the sidewalk after the City received a hazardous -condition report. This
request has raised a number of policy issues.
The City generally replaces public sidewalks under two circumstances. The first is when
sidewalk is replaced as part of a capital improvement project. This can range in extent
from a major street -widening project to something as simple as installing a ramp at an
intersection. The second is when replacements are done as part of our street and tree
maintenance program. This maintenance work is guided by the policy statement. This
policy is the City's implementation of California State Streets and Highways Code Section
5610, which places sidewalk maintenance responsibility on the property owner, but relieves
the property owner of this responsibility under certain circumstances.
When the City receives a sidewalk liability claim or is put on notice of a hazardous
condition, we check the location versus the policy to see who should pay for any
necessary repairs. The work done in the Downtown Revitalization Project fell under the
first circumstance. The project included replacing the entire sidewalk on five blocks of
School Street, and involved eleven sets of basement doors. The City received approval
from eight property owners to abandon those doors. The remaining three were replaced
as part of the project. The cost to abandon the eight was about $22,000. The cost to
replace three sets of doors was $18,000. This cost was included in the overall project,
which was funded by the City and the property owners; it was not charged to the specific
property owners. (One location also involved dealing with a large portion of a basement
at the Hotel Lodi, which extended out from the building. The property owner was directed
to modify the basement to remove that portion at his expense and the City replaced two
sets of doors at the Hotel.)
As we look toward future capital improvement projects in the Downtown area, we have
identified thirteen additional basement doors and at least one location where a basement
extends under the sidewalk with no access door. (We were alerted to this location when
the tenant complained about leakage from the street into the basement.) There may well
be other locations where this encroachment occurs. Based on the Downtown project
prices, replacing the doors alone would cost roughly $78,000. Staff, on one hand, feels
the taxpayers should not subsidize an individual circumstance such as this. On the other
hand, the Downtown Revitalization effort is a community project and financial assistance
in improving sidewalks, including these doors, would be consistent with the Revitalization
Program.
In light of the above, staff has formulated a policy with the following elements for Council
consideration:
• New basement encroachments into the sidewalk area are prohibited.
• Existing basement encroachments shall either be abandoned by the property owner
or be covered by an encroachment permit, issued administratively, in which the
property owner assumes maintenance responsibilities and provides standard
insurance coverage and certificates.
4
Continued May 5, 1999
When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of
a capital improvement project, or under the maintenance conditions described in the
City's sidewalk repair policy, the City shall bear the cost of resetting serviceable
basement access doors. The property owner shall provide a new door set, if
necessary, and a structural "roof' for additional basement encroachments on which
the City can install sidewalk. As an option, if the property owner elects to have a
basement access/encroachment abandoned, the City will remove the access, backfill,
and replace sidewalk if the property owner provides the necessary wall at the building
foundation.
• When the City initiates replacement due to conditions which are the property owner's
responsibility under the maintenance conditions described in the City's sidewalk
repair policy, the property owner shall bear all costs for repairs except if the property
owner abandons the basement access, then the City will participate as in 3) above.
In addition, the Council may wish to grant some special consideration for properties on
Pine and Oak streets between Church and Sacramento streets. These properties were
included in Zone A of the Downtown Assessment District but these streets were not
improved to the same level of detail as School Street. To accommodate this, staff
suggested the following additional policy statement:
• The City Manager may authorize a one-time replacement of basement access doors,
at City expense, in conjunction with circumstances described above, provided the
property owner complies with Section 2 above.
Following discussion, the City Council, on motion of Council Member Nakanishi,
Hitchcock second, unanimously included the following elements into the City Sidewalk
Replacement Policy and Downtown sidewalks:
• New basement encroachments into the sidewalk area are prohibited.
• Existing basement encroachments shall either be abandoned by the property owner
or be covered by an encroachment permit, issued administratively, in which the
property owner assumes maintenance responsibilities and provides standard
insurance coverage and certificates.
• When the City initiates replacement of adjacent curb, gutter and/or sidewalk as part of
a capital improvement project, or under the maintenance conditions described in the
City's sidewalk repair policy, the City shall bear the cost of resetting serviceable
basement access doors. The property owner shall provide a new door set, if
necessary, and a structural "roof' for additional basement encroachments on which
the City can install sidewalk. As an option, if the property owner elects to have a
basement access/encroachment abandoned, the City will remove the access, backfill,
and replace sidewalk and pay for the necessary wall at the building foundation.
• When the City initiates replacement due to conditions which are the property owner's
responsibility under the maintenance conditions described in the City's sidewalk
repair policy, the property owner shall bear all costs for repairs except if the property
owner abandons the basement access, then the City will participate as in 3) above.
• The City Manager may authorize a one-time replacement of basement access doors,
at City expense, in conjunction with circumstances described above within Zone A-1
of the Lodi Central City Revitalization Assessment District, 95-1, provided the
property owner complies with Section 2 above.
5
Continued May 5, 1999
10. ORDINANCES
a) Ordinance No. 1669 entitled, "An Ordinance Of The Lodi City Council Repealing And
Reenacting Lodi Municipal Code Title 15, Chapter 15.56 Relating To Alarm Systems And
Permits" having been introduced at a regular meeting of the Lodi City Council held April
21, 1999 was brought up for passage on motion of Council Member Pennino, Hitchcock
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 — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor)
Noes: Council Members — None
Absent: Council Members — None
b) Ordinance No. 1670 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Repealing And Reenacting Chapters 10.40 'Regulations For Bicycles' And 10.42
'Skateboards', And Adding Chapter 10.43 'Regulations For Roller Skating' To The Lodi
Municipal Code" having been introduced at a regular meeting of the Lodi City Council held
April 21, 1999 was brought up for passage on motion of Council Member Pennino,
Hitchcock second.
City Attorney Hays responded to questions as were posed by members of the City
Council.
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 — Hitchcock, Mann, Nakanishi and Pennino
Noes: Council Members — Land (Mayor)
Absent: Council Members — None
C) Ordinance No.1671 entitled, "An Ordinance Of The City Council Of The City Of Lodi
Amending Chapter 5.12 Of The Lodi Municipal Code By Repealing And Reenacting
Section 5.12.070 'Work Permit — Required' And Section 5.12.140 (C), (E), And (G) And
Adding Section 5.12.140 (R) 'Rules And Regulations' Relating To Cardrooms" having
been introduced at a regular meeting of the Lodi City Council held April 21, 1999 was
brought up for passage on motion of Council Member Hitchcock, Mann 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 — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor)
Noes: Council Members — None
Absent: Council Members — None
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Kenneth Owen, Christian Community Concerns, Lodi, announced that May 6, 1999 will be
the 48" Annual Day of Prayer. A service will be held at the Civic Center Mall at noon, and
community leaders and citizens of this community are invited to attend. Mr. Owen further
indicated that he felt this Annual Day of Prayer was very appropriate with all that is going
on in our universe.
b) Connie Cochran, Director External Affairs with Pacific Bell, announced that Kent Burnes
will be conducting a workshop in Lodi on Wednesday, May 19, 1999 entitled, "Outrageous
Customer Service!". This workshop is being sponsored by the City of Lodi, Lodi District
Chamber of Commerce, and the San Joaquin Delta College Small Business Development
Center. Ms. Cochran encouraged members of the community to attend.
6
Continued May 5, 1999
Ms. Cochran also announced that the Pacific Bell Foundation is presenting the 1999
Northern and Central California Community Enrichment Program which is a competitive
grant program offered for funding in the areas of: education, health care, economic
development and community access to the information highway. Grants up to $25,000
will be awarded. All applications must be post marked no later than May 31, 1999.
C) Mr. Pat Stocker, P. O. Box 673, Victor, addressed the City Council regarding a problem
that had been encountered with the family-owned fruit stand located on Kettleman Lane
just south of the new Beckman Road. Mr. Stocker stated that this is a family -operated
business, and, because of the barricades, the access to their business is prevented at a
critical time in their operations. Mr. Stocker asked if the City could look into a solution to
this dilemma. The City Manager was asked to look into the matter and find a remedy to
the problem.
d) Michelle R. Bernard, Espresso Express, Lodi, addressed the City Council indicating her
interest in initiating an exterior espresso coffee cart operation in the area of Oak and
School Streets. Following discussion, with questions being directed to Ms. Bernard and
to staff, it was suggested that Ms. Bernard meet with Economic Development Coordinator
Goehring regarding this request.
e) Georgianna Reichelt, with the Land Utilization Alliance, 3605 East Louie Avenue,
Manteca, addressed the City Council voicing her opposition to the ProStyle Sports
Complex proposal. Ms. Reichelt asked that she be advised whenever this matter appears
on the City Council agenda for consideration.
f) Mr. Wilbur Ruhl, 765 Almond Drive, Lodi, also expressed his concern regarding the
ProStyle Sports Complex proposal and questioned the legality of this matter being
discussed in Closed Session. City Attorney Hays responded to questions regarding this
matter.
g) Virginia Snyder, 303 Louie Avenue, Lodi, announced that Lincoln School has been
selected as a Community Resource Center. She indicated that the Center will focus on
the health, safety, and education of children and their families. This will include job
training, child care, immunization programs, preventive medicine, child abuse prevention,
juvenile programs, and education opportunities ranging from parenting to ESL classes.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Hitchcock announced that this week is "Staff Appreciation Week" for
schools and invited the community to go to the various schools and thank these very
important and special people in our education system.
b) Mayor Land reminded the community that this Sunday, May 9, 1999, is Mother's Day and
encouraged everyone to remember their moms on this very special day.
Mayor Land also announced that from 1960 through 1976 the Methodist Church in Lodi
held an annual Ice Cream Social. Every child involved in the event benefited as the funds
derived from the event were used to send these children to camp. They will be holding
the first reunion on July 3 — 4, 1999. The Mayor reported that people interested in
attending may call 365-9573.
Mayor Land stated that there are a lot of things going on in Lodi and outlined numerous
events listed in the Lodi Community Activity Guide. The Mayor urged citizens of this
community to take advantage of participating in these activities.
7
Continued May 5, 1999
Mayor Land also announced that this Saturday, May 8, 1999, Lodi Memorial Hospital is
sponsoring "Walk For The Health Of It" starting at 9:00 a.m. Proceeds from this event are
used to purchase equipment for the hospital.
C) City Manager Flynn announced that the Stockton Ports will be playing the San Jose
Giants in Lodi on May 16, 1999. Also, the Sacramento Steelheads will be playing on May
17th and 18th. Both teams will be playing at Zupo Field. Mayor Land encouraged
community attendance at both upcoming events.
City Manager Flynn announced that he will be out of town May 10 — 20, 1999 to attend his
son's graduation from college.
City Manager Flynn announced that a ceremony was held in Stockton today honoring
fallen Lodi Police Officer Rick Cromwell. Officer Cromwell's name was added to the
granite memorial wall standing outside the Stockton Police Department, which now
memorializes a total of 14 fallen San Joaquin County law enforcement officers.
It was further announced that the Lodi Police Honor Guard is scheduled to be in
Sacramento on Friday at the State Capitol to add Officer Cromwell's name to the Peace
Officer's Memorial on the grounds of Capitol Park. Further Chief Hansen and the Honor
Guard will be leaving for Washington D.C. on May 12'h for the May 14th ceremony where
Officer Cromwell's name will be added to the Peace Officer's Memorial Wall in our
nation's capital.
d) Mayor Land announced to his fellow Council Members that since October 1998 the City
Council has had a total of 32 meetings (Regular and Special Meetings and Closed
Sessions). In 1997 there were only 31 meetings held during the entire year. Mayor Land
expressed his appreciation for all of the Council Members' efforts and hard work.
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 This item was not discussed
b) Prospective lease of City property (400± acres adjacent to White Slough Water Pollution
Control Facility); the negotiating parties are ProStyle Sports and the City of Lodi. Price
and terms are under negotiation
14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 10:15 p.m., and Mayor Land disclosed
that the City Council directed staff to undertake lease negotiations with ProStyle Sports.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Land adjourned the
meeting at approximately 10:15 p.m.
ATTEST:
Alice M. Reimche
City Clerk