HomeMy WebLinkAboutMinutes - July 5, 2000LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JULY 5, 2000
7:00 P.M.
ROLL CALL
Present: Council Members — Hitchcock, Land, Nakanishi, Pennino and Mann (Mayor)
Absent: Council Members — None
Also Present: City Manager Flynn, Deputy City Manager Keeter, City Engineer Sandelin,
Community Development Director Bartlam, City Attorney Hays and Interim City
Clerk Taylor
INVOCATION
The invocation was given by Pastor Dennis Fakes, St. Paul Lutheran Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
AWARDS / PROCLAMATIONS 1 PRESENTATIONS
a) Mayor Mann presented a proclamation to Ron Williamson, Parks and Recreation Director,
designating that "July is Parks and Recreation Month" in the City of Lodi. Mr. Williamson
presented a report to Council regarding the many activities and programs available to the
citizens within our community, and shared highlights of the very successful Oooh Ahhh
Festival at Lodi Lake on the Fourth of July.
b) Mayor Mann presented Certificates of Appreciation to Partners and Volunteers of the
Parks and Recreation Department:
• Jeff Dos Rios, Eagle Scout Project — Improvements to Lodi Lake Nature Area
• Friends of Lodi Lake — Betterment and Upkeep of Lodi Lake Park
• Church of Jesus Christ of Latter Day Saints
Ward One — Cleanup efforts to the water and around the shoreline of Lodi Lake
Ward Two — Cleanup efforts throughout Lodi Lake Park
• Mark Morgan, Eagle Scout, Improvements to flag pole at Lodi Lake (unable to attend)
C) Mayor Mann introduced Community Improvement Manager Joseph Wood, who presented
the Ramiro Mercado Family with the Community Improvement Award for recent
improvements made to the residential property at 505 East Oak Street.
d) Leonard Messer, President of the Lodi Historical Society, invited Council and citizens to
attend their annual fundraiser, a Sundae Extravaganza, to be held on Sunday, July 30,
2000 from 5:30 to 7:30 p -m. at the Hill House Museum.
e) Fire Chief Kenley introduced Dr. Bill Kirby of Auburn, who recently donated an antique fire
engine to the Lodi Fire Department. Originally purchased by the City of Lodi in 1921 for
$13,000, it was retired in 1950. In need of restoration, Dr. Kirby rescued the engine from
a junkyard in 1990 and spent hundreds of hours and more than $30,000 in restoring the
motor and chassis. Dr. Kirby also donated the original photos of the fire engine and the
original pink slip. As a token of the Fire Department's appreciation, Fire Chief Kenley
presented Dr. Kirby with a Lodi Fire Department firefighter helmet and ball cap.
f) Mayor Mann announced that the local newspaper erroneously stated that the proposed
revision to the massage ordinance would be discussed this evening, when in fact the item
will be set for public hearing this evening for discussion and action at the regular Council
meeting of July 19, 2000.
g) Mayor Mann announced that this would be Jacqueline Taylor's final meeting as Interim
City Clerk. Mayor Mann commended Mrs. Taylor for her hard work and professionalism
during the performance of these duties, and stated he appreciated her efforts and service
to the City.
Continued July 5, 2000
5. REORGANIZATION OF THE REGULAR CALENDAR
a) Council, on recommendation of Mayor Mann, directed that the Regular Calendar item
order be reversed to address the "Mokelumne River Issues Discussion" item first, due to
the many citizens in the audience requesting to speak on the matter.
6. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Nakanishi second, unanimously approved the following items
hereinafter set forth (except those otherwise noted):
a) Claims were approved in the amount of $2,672,765.52.
b) The minutes of June 21, 2000 (Regular Meeting) were approved as written with one
revision to indicate Council Member Pennino abstained from discussion of the Closed
Session item regarding the prospective lease of City Property negotiations between
Calpine Corporation and the City of Lodi.
C) Approved specifications for Type II Polymer Modified Slurry Seal for Various City Streets,
2000 and authorized advertising for bids.
d) Adopted Resolution No. 2000-114 awarding the contract for Walkway Improvements, Lodi
Lake Park, Glaves Park and Beckman Park, to Uprite Construction in the amount of
$75,220, and appropriated the funds for this project.
e) Adopted Resolution No. 2000-115 awarding the contract for Peterson Park Restroom to
Restroom Facilities in the amount of $137,890, and appropriated the funds for this project.
f) Agenda Item #E-6 entitled, "Approve Fiscal Year 1999/2000 Transportation Development
Act (TDA) Claim" was removed from the Consent Calendar and discussed and acted
upon following approval of the Consent Calendar.
g) Adopted Resolution No. 2000-117 authorizing the City Manager to execute an agreement
with Central California Traction Company (CCTC) to install a water main crossing inside
CCTC's right-of-way at Lime Street.
h) Adopted Resolution No. 2000-118 awarding the bid for ten Class 1 and thirty Class 3
wood utility poles to the low bidder, J H Baxter & Company in the amount of $20,165.41.
i) Adopted Resolution No. 2000-119 approving Program Supplement No. 041-M to
Administering Agency -State Agreement No. 10-5154 for Beckman Road Reconstruction
and Bike Lane Striping, 1,000 Feet South of Vine Street to 700 Feet North of Pine Street,
and further authorizing the Public Works Director to sign the supplement.
j) Adopted Resolution No. 2000-120 awarding the contract for Blakely Pool Semi -Portable
Water Slide to Natural Structures in the amount of $4,161.18, and appropriating the funds
for this project.
k) Set a Public Hearing for July 19, 2000 to consider the Lodi Station Parking Structure
Project.
1) Set a Public Hearing for July 19, 2000 to consider revision of existing Massage
Ordinance.
N
Continued July 5, 2000
7. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) Item #E-6 entitled, "Approve Fiscal Year 1999/2000 Transportation Development Act
(TDA) Claim".
Council Member Hitchcock removed this item for clarification on the possible effects to
the level of service the City provides to our streets and transportation. City Engineer
Sandelin reported that the City is allowed to use these funds to do pedestrian and bicycle
transportation projects, and that staff recommends using this source of funds to bring
those projects to the City in an expedient manner. Mr. Sandelin stated that additional
funding is in place to proceed with the maintenance and reconstruction projects, and that
the amount is at, or higher than, staff has experienced over the past three years.
Following discussion, Council, on motion of Council Member Pennino, Hitchcock second,
unanimously adopted Resolution No. 2000-116 authorizing the City Manager to file the
claim for 1999/2000 Transportation Development Act (TDA) funds in the amount of
$1,772,629.
PUBLIC HEARINGS
a) The Public Hearing entitled, "Continued Public Hearing to Consider Appeal of Planning
Commission's Decision on Century Meadows 4, Delmar Batch, Appellant', which was
originally set on June 7, 2000 to be heard on June 21, 2000, was postponed to this
meeting at the written request of the appellant. Prior to this meeting, the appellant
submitted a written request that this hearing be continued to the regular City Council
meeting of July 19, 2000.
9. 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 Land, Hitchcock second, unanimously rejected the following claims:
1. Beverly Languerand, date of loss 5/4/00
2. Felipe Lopez, date of loss 3/11 /00
3. Alfonso Ochoa, date of loss 4/30/00
10. REGULAR CALENDAR
a) Agenda item #H-2 entitled, "Mokelumne River Patrol Discussion".
Mayor Mann reminded everyone that the Mokelumne River, although it borders the City of
Lodi and Lodi Lake, is within the County Board of Supervisors jurisdiction. Supervisor
Sieglock and Mayor Mann are proposing, with Council concurrence, to develop a seven
member citizens committee charged to discuss among themselves all of the issues,
concerns and recommendations brought before them. The committee would then provide
recommendations to the San Joaquin County Board of Supervisors for discussion and
appropriate action. Mayor Mann then asked that Chief Hansen provide a report.
Police Chief Hansen stated that the river is under legal authority of the San Joaquin
County Board of Supervisors and the Army Corps of Engineers. He further reported that
in 1996, discussions were held with the Sheriff's Office regarding the issue of river patrol,
as concerned citizens regularly report poor conduct and river safety concerns to the Lodi
Police Department. While no river patrol agreement was conceived, the patrol of parks
was removed from the Parks and Recreation Department and became the responsibility
of the Police Department. Chief Hansen stated the formation of the citizens committee is
the proper course of action, and has assigned Sergeant Chet Somera to take the lead in
representing the Lodi Police Department to work with the Sheriffs Office regarding
discussions and possible coordination of safety patrol at the river. Chief Hansen then
asked that a representative of the Sheriff's Office be allowed to address the Council.
Continued July S, 2000
Assistant Sheriff Bruce Agnew, 2081 Sylvan Way, Lodi, stated that there are provisional
speed limits when operating a motorized craft near moored boats and near established
swimming locations, but that the remainder of the limitation is for the most part at the
discretion of the operator as safety permits. Sheriff Agnew stated that about 10% of the
river between the Highway 99 overpass and Lodi Lake would qualify for the 5MPH speed
limit currently, and that many hazards exist, including blind corners, debris, swimmers,
stationary craft, and high speed craft such as boats pulling skiers and jet skis. Further, he
stated that in his experience, even extensive patrol in some areas does not solve the
problem, but that the Sheriff's office was very interested in working toward a resolution.
Speaking on the matter were the following:
1. Moe Gritsch, 821 East Turner Road, Lodi, stated her family's residence has been
on Mokelumne River since 1852, and believes the problem on the river is with
those who do not respect the importance of the river. She stated that large
speeding boats and jet skis do not belong in this setting, and stated most drivers
do not understand the ever-changing dangers lying just beneath the tranquil
surface of the river. Further, she stated there are two large lakes and 1,000 miles
of Delta waterways very near this area where these watercraft are safe and
welcome. Ms. Gritsch urged the Council to create the committee to show their
respect for the river and to make it a safer place for all to enjoy.
2. Eileen St. Yves, 310 South Orange Street, Lodi, concurred with Ms. Gritsch's
comments, stating that creating the committee and making the river safe should
be done simply because fixing this problem is the right thing to do.
3. Ted Hutz, 1250 Rivergate Drive, Lodi, agreed that there are several factions and
interests involved, and that a consensus should be found to make the river safer
for everyone. Mr. Hutz stated that while you can't totally sweep danger from our
lives, reasonable risk must be determined so that everyone can enjoy the river.
Mr. Hutz asked that the public be notified of committee meetings so that all
interested citizens could play a part in the process. Further, Mr. Hutz thanked the
Planning Commission and City Council for rejecting the recently proposed boat
ramp grant project and returning those funds unused.
4. Bing Taylor, 1430 Holly Drive, Lodi, stated he believes what is being done now is
insufficient, and that the blind places on the river and the speed problem can kill.
Mr. Taylor stated that you could not build a pool on your property without fencing
it as it is considered an attractive nuisance and asked whether we are maintaining
an attractive nuisance in the same respect by not controlling the speed on the
river.
5. Dr. Brian Crawford, 1807 West Walnut, Lodi, expressed his sadness about the
tragedy, and urged the Council to move forward very carefully so that everyone
can enjoy the beauty of the river. The two river accidents he is aware of have
involved skiers, and he suggested that the solution is to not allow skiers on that
portion of the river.
6. H. D. Carter, Lodi Lake Mobile Home Park, Woodbridge, stated he lives at the
junction of the river and the lake, and that the biggest problem is jet skis going full
throttle through the river with little regard for safety — a disaster waiting to happen.
7. Petty Officer Carson, representing the Coast Guard Station in Rio Vista, stated
that unfortunately tragedies like this do happen throughout the Delta, and
suggested that the City contact the State Department of Boating and Waterways
in an effort to get the speed reduced along the proposed section of the
Mokelumne. Mr. Carson suggested the City request the 2000 California Boating
Laws publication, which outlines specific laws regarding the operation of vessels,
situational speed limits, and operator age requirements. Further, Mr. Carson
cautioned that if you mark a specific section of the river at 5MPH, it must be
strictly enforced because otherwise you lull people into a false sense of security
and safety within the posted areas. Boating "Rules of the Road" have been
adopted by the State of California, stating that "...every vessel shall at all times
proceed at a safe speed so that action can be made to prevent a collision...".
ri
Continued July 5, 2000
8. Don Christy, 18691 North Highway 99, Lodi, who grew up on the river, stated that
the boy who was driving the boat, which was involved in the accident, will live with
the tragedy the rest of his life and is not doing well. He stated it seems our
society today opposes jet skis, which allow operation at age 16 with parental
supervision. He noted that he used to be a member of Lodi Boat Club in which
10-15 boats at a time were on the river. He stated that judgment of the boat
operator used to be enough, and he would hate to see restrictions on the
watercraft allowed in the river because of this tragedy. He stated that we have
tragedies on our streets, but do not shut down our streets, and as the population
increases, tragedies will happen. Mr. Christy expressed his sympathies for the
family and asked that Council use caution before making more restrictions.
9. Vi Riggle, 712 North Cross Street, Lodi, stated this seemed a repeat of what was
discussed before when the boat ramp was considered for installation in the beach
area. People are smart enough to go where there is space to do what they want
to do. Ms. Riggle stated that the river is a place of quiet peace and serenity, and
that people today seem to have no love for what God has given us.
10. Linda Martin, 8403 East Harney Lane, Lodi, is the cousin of Tom Farnsworth, the
father of the boy who was killed in the accident. Ms. Martin stated she feels very
strongly about this issue, and in spite of the conflicting reports, her cousin's boat
was anchored at the side of the river and he waved his arms and yelled out when
he saw the boat — at the point that they were about to be rammed, he yelled for
his son to drop down. Ms. Martin stated her cousin later said the boat was filled
with teens that have since been discovered to have alcohol in their possession.
Ms. Martin asked why no citation has been issued for the excess number of
people in the boat, the fact that minors were in possession of alcohol, or the
reckless nature in which the boat was being operated. Ms. Martin stated that
these incidents have happened for years, and this has only been publicized
because a child has died. She further stated that the river is no place for motor
craft, there needs to be a 5MPH speed limit set, and that Lodi needs to take
responsibility for what happens on its waterways. Finally, Ms. Martin reminded
the Council that Item 4 on their list of Major City Goals is to enhance the quality of
life and provide a safe environment for it citizens.
11. Bonnie Raingruber, 127 Mokelumne River Drive, Lodi, observed there has been a
decrease in boats and watercraft on the river recently, a possible response to the
recent tragedy. She stated she has seen and been involved in irresponsible
incidents around the river: a jet ski flipped upside down and landed on a tree, and
a group of teenagers purposely tried to swamp her and her husband in their craft.
Ms. Raingruber asked Council to provide a way for a variety of people to work
with the committee in voicing concerns and providing input on this issue.
12. Frank Alegre, 2000 Edgewood Drive, Lodi, stated there has been a tragedy on
the river and we should look at what causes tragedies, which in this case is an
open bow boat with kids in front of the driver, plus the boat was pulling a skier.
He further stated that we have fewer boats on the river today than in the 1960's,
and the percentage of accidents on the river is very small. He stated that we do
not close our streets when someone is killed in an auto accident, and that the
problem could be solved with the elimination of powerboats, lowering the speed
limit, and enforcing the right of way rules.
13. Bob Johnson, 1311 Midvale Road, Lodi, stated that he attended the meeting in
1996 with Baxter Dunn regarding river patrol, and stated the discussion was
instigated by serious concerns brought before the Recreation Commission. He
stated that it has not been mentioned that in 1992 Council created a Mokelumne
River Advisory Committee, which made several recommendations; these
historical records should be available and reviewed by the City and County. The
recommendation of that committee was that the City take it's property, go to the
Board of Supervisors, and request that all riverfront property be posted at 5MPH.
The task force felt this would be a tool to bring enforcement to the river, giving
some teeth to those who patrolled our area of the river.
Continued July 5, 2000
14. Mary Ann Porterfield, 800 South Mills, Lodi, stated that the portion of the river
where this accident happened is not the place for speed, since along with the
debris there are several sandbars. She urged the Council to proceed with a
partnership with the Sheriffs Office to establish safety so everyone can enjoy the
river. Further, she stated that she loves the river and that just because you live
on the river does not mean it's your property
15. Tim Vallen, 1151 Buena Vista Drive, Lodi, stated he has a powerboat and feels
the main issue is that the debris and sandbars make it very narrow. Mr. Vallen
invited Council to contact him for a tour of the river so that he could show them all
of the hazards, and remarked that the Right Bank law is in effect, but the river is
too narrow to observe and enforce it. Mr. Vallen recommended that Council
pursue removing the debris and perform a clearing of the river.
Mayor Mann asked that Council concur with his recommendation that the Lodi Police
Department begin discussions with the Sheriffs Office, working in partnership to explore
joint patrol of this section of the river.
Council Member Pennino stated he would support the citizen committee, but would not
support Lodi Police patrolling the river, as it is the responsibility of the Sheriff's Office. Mr.
Pennino suggested that the Council wait to see what recommendations are made to the
Board of Supervisors by the committee with regard to river safety.
Council Member Hitchcock stated that in her opinion the cross-section represented in the
audience indicates that the river is no place for fast moving boats and jet skis going over
5MPH. Ms. Hitchcock stated she would support a resurrection of the Mokelumne River
Advisory Committee in order to shorten the process and move forward, and then get into
the idea of joint enforcement based on the committee's recommendations.
Council Member Land extended his deepest sympathy to all involved, stating he does not
have all the answers, but heard many good ideas this evening. He stated that although
we do not close down streets after a tragedy, we certainly look into how one could have
been prevented, and that is what is happening this evening. He stated that we owe it to
the citizens to look at this and make the river safer, and the resulting changes may not
please everyone. He stated that while he will support this committee, he expects the
group to come back with solid recommendations, and that changes will result from those
recommendations. Mr. Land stated that many changes have occurred over the years,
including removing the ski jump from the middle of the lake, and we no longer allow
motorboats pulling skiers to enter and circle the lake — changes that were made to
improve safety. He stated he has observed several incidents of inappropriate behavior on
the river, including the use of alcohol and the deliberate cutting of fishing lines, and that is
unacceptable. Further, he stated that while we probably do not need more laws, we
should use current laws and enforce control of the river to make it a passive waterway.
He stated there are many other waterways available for the safe operation of high-speed
boats and jet skis, and feels that this is not the place for those vessels, but is willing to
compromise. Mr. Land asked that the public be well informed of all meetings of the
committee, and thanked the Fire Department and their well-trained personnel for their
outstanding job in providing excellent service and response time during this tragedy.
Mayor Mann stated the committee will be more the County's committee than ours since
they have the authority to impose direction with regard to the river. The County has to
support the recommendations of the committee, direct the Sheriffs Office regarding
enforcement, and apply for State approval of their decisions. He stated that while the City
Council will support and provide input in the recommended actions, that is legally the
extent of our involvement with regard to the committee. Further, he stated he and
Supervisor Sieglock have met and concurred with seven names, are in the process of
confirming their involvement, and have been led to believe all proposed members are in
agreement to participate. He stated this is a balanced committee with regard to
representation, and that there is an expectation of clear and viable recommendations.
R
Continued July 5, 2000
Following discussion, the Council, on motion of Council Member Mann, Land second,
unanimously authorized Mayor Mann to coordinate with County Supervisor Sieglock to
establish a balanced committee of seven individuals charged to review and discuss all of
the issues, concerns and recommendations brought before them, and to provide
recommendations to the San Joaquin County Board of Supervisors for discussion and
appropriate action regarding the safety of the Mokelumne River in Lodi.
Further, the Council, on motion of Council Member Mann, Land second, authorized Lodi
Police Department staff to begin discussions with members of the San Joaquin County
Sheriffs Department with the intent to negotiate a Lodi Police/Sheriffs Office team
partnership patrol agreement for shared responsibility of safety at the Mokelumne River in
Lodi, by the following vote:
Ayes: Council Members — Hitchcock, Land, Nakanishi and Mann (Mayor)
Noes: Council Members — Pennino
Absent: Council Members — None
Abstain: Council Members — None
11. RECESS
Mayor Mann called for a ten-minute recess and the City Council meeting reconvened at
approximately 9:40 p.m.
12. REGULAR CALENDAR (Continued)
a) Agenda item #H-1 entitled, "Council Benefits".
Mayor Mann stated recent events have led to discussion of Council Benefits, noting that
staffs extensive research has provided that no prior Council action has been taken
regarding specific benefits. Mayor Mann stated that, while no resolution currently exists,
Council's present benefits are received legally based on past practice. Mayor Mann
stated he recommended this item be brought before the grand jury for their review, and
asked that Council agree on the benefits received by Council this evening, eliminating any
benefits we should not receive. Mayor Mann asked Council to consider establishing a
policy requiring Council pre -approval of expenditures over an established amount with
regard to protocol expenditures. Lastly, Mayor Mann stated he feels Council Members
are full time employees and should be recognized as such for the purpose of benefits.
Council Member Hitchcock stated she supports Council having an established list of
benefits, but believes there are clear-cut policies which already exist. Ms. Hitchcock
referred to the language contained in the California Municipal Law Handbook with regard
to Council benefits, and the 1995 City of Lodi Administrative Policy and Procedure Manual
with regard to tuition reimbursement eligibility and guidelines. Mrs. Hitchcock further cited
the definition of terms in the Rules for Personnel Administration regarding regular
employees which states that eligibility for tuition reimbursement be limited to full time
regular employees of the City ...all employees except for the following, elected officials.
Ms. Hitchcock stated she believes giving Executive Management Benefits to Council is an
insult to employees who must bargain for benefits, and states she has difficulty with the
statement that the past practice is legal; contract employees do not receive benefits and
Council should not either. Further, she stated that policy has not been followed and a
mistake has been made, and suggested Council clearly state what Council benefits
should be as implemented in 1988 and approved with the 1989/90 budget. She reiterated
that the policy is clear, and that she cannot imagine why we are members of the
retirement system, getting a benefit for serving 12 or more years, stating she is not in
favor of this benefit package and believes Council should receive no more than medical
benefits.
7
Continued July 5, 2000
City Manager Flynn stated that the City is mandated to provide retirement benefits for
Council Members, and that including them in the Public Employees Retirement System
(PERS) package was the most cost-effective way to do this. Mr. Flynn pointed out that
the Administration Policy and Procedure Manual states that "The City Manager shall
interpret, apply, administer and enforce these rules and other pertinent regulations...".
Further, he reviewed State Code 53200 providing specific definition of an employee to
mean "...all employees and officers including members of the legislative body". Mr. Flynn
noted that it is the intent of the legislature in enacting this section to find and declare that
uneven and unfair benefits and inequities beyond set boundaries are truly matters of
state-wide concern, noting that health and welfare benefits for any member of a legislative
body in any City shall be no greater than that received by non -safety employees. Mr.
Flynn stated that City Attorney Hays reviewed and responded to the e-mail sent by Ms.
Hitchcock in a memorandum dated June 15, 2000 regarding education reimbursement.
City Attorney Hays provided there is an authority outline regarding the basis for Council to
enjoy benefits, stating it is very clear the benefits currently provided to Council does not
constitute compensation. He stated the concept of "employee" is very flexible — including
legislative body members, citing a 1948 case in which the court said the term employee
has no fixed meaning. The word employee as used in the Constitution was broad enough
to include legislators. Mr. Hays stated that he did not believe any benefits currently
extended to Council are illegal.
Council Member Nakanishi stated he did not support the Resolution before him, which is
giving the Council Members something which is already in place.
Council Member Pennino read a section from the Executive Management Benefits
package, and stated he considers himself a City employee and is very proud of it. He
stated that no one is getting rich as a Council Member, and that Council Members donate
a great deal of vacation time, including time away from their jobs and families, to conduct
City business. Mr. Pennino stated that although he struggles with the tuition
reimbursement benefit, all of the other benefits are acceptable.
Mayor Mann addressed the tuition reimbursement by stating he will not claim it,
regardless, but spoke in favor of it because working for a degree and higher learning can
provide a better understanding of the City. He noted that while the City would pick up
100% of the cost of an out of state conference to include lodging, meals, travel and the
tuition, he has done both and there is no comparison - you can spend about $100 for a
book and instruction course; whereas, a conference could cost approximately $1,000.
Mayor Mann stated that if Council wishes to affirm the entire list, no action would be
necessary, but picking and choosing of benefits from those currently received would
require a vote. Either way, this item before Council this evening will establish for the
record Council benefits and entitlements.
Council Member Pennino requested as part of a motion that each Council Member be
appropriated $5,000 for their discretion for travel, education, etc. to further their
knowledge and understanding of their role in representing and serving the City, with
overages in expenditures requiring a consent item be placed on the agenda for Council
approval. Council concurred that this recommendation was a separate item and would be
brought before Council at a future meeting for discussion and appropriate action.
Speaking on the matter were the following:
1. Eileen St. Yves, 310 South Orange Street, Lodi, stated she had a problem with
Council considering themselves full time employees as she believes they are
part-time elected officials who are gainfully employed at other businesses with
benefits. She further stated Council family members should not receive benefits.
2. John Johnson, 106 South Orange Street, Lodi, noted that Council has stated they
did not take the job to get the benefits, and should limit themselves appropriately
to accident and travel benefits, since Council has their own full-time employers
who provide benefits. He suggested any benefit increased tonight should not be
in place until two elections occurred, so that the action did not appear as a
conflict.
Continued July 5, 2000
3. Bob Johnson, 1311 Midvale Road, Lodi, stated he was extremely disappointed at
the performance this evening regarding a mistake that was made, and stated he
would like everyone to accept that the tuition has been repaid and move on. He
stated that while he believes Council should have benefits, they should be basic
with regard to life, medical, dental, etc. Mr. Johnson recommended we follow
Lodi Unified School District protocol in displaying a warrant list once a month
showing all expenditures.
Mr. Flynn stated that in March 1988 one of the Council Member's wives was attacked
while accompanying her husband at a conference. Mr. Flynn stated this caused a great
financial hardship to the family for a very long period of time, and that the City Manager
recognized benefits had been extended to Council Members in other cities. This led to
the memorandum from Eric Whitaker in the City Manager's office extending benefits to
Lodi Council Members. Further, Mr. Flynn stated that the PERS benefit is offered in
meeting government regulation for provisional retirement.
Council Member Pennino read for the record the "Executive Management Benefits"
currently provided to Lodi City Council Members as follows:
Accidental Death Insurance, Accidental Travel Insurance, Chiropractic Insurance,
Credit Union Membership, Deferred Compensation, Dental Insurance, Direct
Deposit Payroll, Employee Assistance Program, Employee Development,
Executive Physical, Flexible Spending Account, Life Insurance, Medical
Insurance, Medical Fringe, Medical -Married City Employees, Pharmaceutical,
Recreation (LCEA), Retirement -2%@55 after 12 years through PERS, Tuition
Reimbursement, Vision Insurance, Workers Compensation.
Following discussion, the Council, on motion of Council Member Pennino, Land second,
removed Tuition Reimbursement from the existing benefits package, by the following vote:
Ayes: Council Members — Land, Nakanishi, Pennino and Mann (Mayor)
Noes: Council Members — Hitchcock
Absent: Council Members — None
Abstain: Council Members — None
Council Member Pennino requested that Council concur with his recommendation that
Council's budget have a spending cap for overage which would require Council approval
on the Consent Calendar.
Mayor Mann stated he would like to see a policy regarding Council approval on the
Consent Calendar for Protocol Account dollars to be spent, noting that the upcoming
Boards and Commissions Reception is coming up in August. Mayor Mann requested this
be brought before Council for future meeting agenda discussion.
Council Member Pennino further requested that the new City Clerk review and make a
recommendation regarding such policy to be brought before Council at a future meeting.
12. ORDINANCES
None_
13. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Robert Riggle, 712 North Cross Street, Lodi, requested that Council consider changing
the time on the agenda for comments by the public on non -agenda items. Further, he
stated that in the near future the City will be appointing a new Police Chief and Recreation
Director, and urged that we recruit locally instead of from other areas within the state,
since we have so many good people within the ranks who could do the job.
E
Continued July 5, 2000
14. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Hitchcock thanked Jacqueline Taylor for doing a good job as the Interim
City Clerk, and stated that the 10% salary increase was not adequate for the amount of
responsibility. Ms. Hitchcock stated that there should be a more appropriate
compensation made to Mrs. Taylor for the work and the job that she did, and asked for
staff recommendation on this. Further, Ms. Hitchcock recognized Susan Blackston in the
audience, and welcomed her to her new position as City Clerk beginning Monday, July
10th.
b) Council Member Nakanishi concurred with Ms. Hitchcock's comments regarding
Jacqueline Taylor's service as Interim City Clerk, and thanked Jacqueline for a job well
done.
G) Council Member Land commended Finance Director Vicky McAthie and her staff for the
special recognition bestowed upon the City, the Distinguished Budget Presentation
Award, and the highest form of budget recognition. Mr. Land thanked Council Member
Hitchcock for her diligent work and research with regard to the Council benefits
information she shared with Council. Further, Mr. Land stated he received a letter from a
citizen that had a concern regarding the ordinance we have allowing parking in front of
homes for recreational vehicles, specifically, that certain individuals move their vehicles
intermittently to beat this system.
15. CLOSED SESSION
None,
16. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
approximately 11:15 p.m.
ATTEST:
Jacqueline L. Taylor
Interim City Clerk
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