HomeMy WebLinkAboutAgenda Report - March 1, 1995 (66)CITY COUNCIL MEETING
MARCH 1, 1995
APPROVAL OF MINUTES
Minutes of February 1, 1995 and Memorandum from Council Member Davenport
challenging the February 1 minutes, specifically Mayor's failure to follow procedure during
the regular council meeting of February 1, 1995 are attached for review.
FILE NO. CC -1(b)
4` OF oO'
CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Minutes - February 14, 1995 (Adjourned Regular Meeting), February 14,
1995 (Special Meeting) and February 15, 1995 (Regular Meeting)
MEETING DATE: March 1, 1995
PREPARED BY: City Clerk
ACTION: That the City Council approve the minutes of February 14, 1995
(Adjourned Regular Meeting), February 14, 1995 (Special
Meeting) and February 15, 1995 (Regular Meeting) as prepared.
BACKGROUND INFORMATION
FUNDING:
JLT
Attachments
None required.
Attached are copies of the minutes for February 14, 1995
(Adjourned Regular Meeting), February 14, 1995
(Special Meeting) and February 15, 1995 (Regular
Meeting) marked Exhibit A, B and C, respectively.
acq ehne L. Taylor "?:t
Acting City Clerk
APPROVED:
t THOMAS A. PETERSON recycled paper
City Manager
cc -1
CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, FEBRUARY 1, 1995
7:00 P.M.
ROLL CALL
Present: Council Members - Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development
Director Schroeder, Public Works Director Ronsko, City Engineer Prima, City
Attorney McNatt and City Clerk Perrin
2. INVOCATION
3.
4.
The invocation was given by Pastor Mike Reed, Lodi Avenue Baptist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Mann presented a proclamation to Virginia Snyder, Chairperson of the Lodi East
Side Improvement Committee, proclaiming the year of 1995 as "American Bungalow
Year'. Further, Ms. Snyder announced that the Committee will conduct a housing
seminar on April 1, 1995 and a tour of seven Lodi American Bungalows on April 2, 1995
(at which the City Council has been invited to serve as host).
FILE NO. CC -2(s) AND CC -37
5. CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Pennino, Sieglock second, approved the following items hereinafter set forth
except those other wise noted which were moved to the end of the agenda by the following
vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
a) Agenda item #E-1 entitled, "Claims - $1,926,896.56" was removed from the Consent
Calendar and discussed and acted upon at the end of the agenda. (Removed by Council
Member Davenport.)
b) The Minutes of January 18, 1995 (Regular Meeting) were approved as written.
C) Agenda item #E-3 entitled, "Plans and specifications and advertisement for bids for
standby generators for water well and storm drain pumping stations for sites 7, 9 and 16"
was removed from the Consent Calendar and discussed and acted upon at the end of the
agenda. (Removed by Council Member Davenport.)
Continued February I, 1995
d) Agenda item #E-4 entitled, "Plans and specifications and advertisement for bids for
School Street wastewater main, Oak Street to alley north of Oak Street" was removed
from the Consent Calendar and discussed and acted upon at the end of the agenda.
(Removed by Council Member Davenport.)
e) Agenda item #E-5 entitled, "Specifications and advertisement for bids for purchase of a
tractor for the Parks Division" was removed from the Consent Calendar and discussed
and acted upon at the end of the agenda. (Removed by Council Member Davenport.)
f) Adopted Resolution No. 95-11 rejecting all bids for two utility vehicles for the Parks and
Recreation Department, approving amended specifications and authorizing the
readvertisement of bids.
FILE NO. CC -12(b) AND CC -300
g) Agenda item #E-7 entitled, "Purchase of photocopier for Community Center at Hutchins
Street Square" was removed from the Consent Calendar and discussed and acted upon
at the end of the agenda. (Removed by Council Member Davenport.)
h) Adopted Resolution No. 95-13 accepting the subdivision improvements included in
Johnson Ranch, Unit No. 3, Tract No. 2587, as filed July 28, 1994, in Book 32 of Maps
and Plats, Page 12, San Joaquin County Records.
FILE NO. CC46 AND CC -300
Agenda item #E-9 entitled, "Agreement with Cellular One for lease of property at 1331
South Ham Lane" was removed from the Consent Calendar and discussed and acted
upon at the end of the agenda. (Removed by Council Member Warner.)
j) Agenda item #E-10 entitled, "Renewal of contract with 3M National Advertising Company
for City -leased advertising billboards" was pulled from the agenda pursuant to staffs
request.
k) Amended the bylaws for the Gang Alternative Project (GAP).
FILE NO. CC -2(q)
Adopted Resolution No. 95-14 approving the revised class specification for Fire Inspector.
FILE NO. CC -34 AND CC -300
m) Agenda item #E-13 entitled, "Revise class specification and class title change from Fire
Administrative Officer to Fire Division Chief' was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
n) Agenda item #E-14 entitled, "Approve plans and specifications and advertisement for bids
for the Transit Administration Offices" was removed from the Consent Calendar and
discussed and acted upon at the end of the agenda. (Removed by Council Member
Davenport.)
2
Continued February 1, 1995
6. 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 Mann called for the Public Hearing to consider
Reimbursement Agreement #RA -95-02 for public improvements for Sunwest Plaza
Shopping Center.
ACTION:
Due to the need for additional noticing requirements, the City Council, on motion of
Council Member Sieglock, Pennino second, continued the public hearing to March 1,
1995 to consider the Reimbursement Agreement #RA -95-02 for public improvements for
Sunwest Plaza Shopping Center by the following vote:
Ayes: Council Members -Penn i no, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -46, CC -90 AND CC -158
b) (Due to a conflict of interest, Mayor Mann abstained from discussion and voting on the
following matter. Mayor Pro Tempore Warner served as Mayor during this matter.)
Notice thereof having been published according to law, an affidavit of which publication is
on file in the office of the City Clerk, Mayor Mann called for the Public Hearing to consider
letter from Baumbach & Piazza appealing the Planning Commission's decision to require
an eight to ten foot right-of-way dedication for landscaping purposes outside the proposed
reverse frontage wall along Turner Road and the formation of a Lighting and Landscaping
Assessment District, all at the developer's expense, in the Towne Ranch Development,
Phase 5.
Hearing Opened to the Public
1. Roger Stafford, member of the Planning Commission, explained to the City
Council the reasons for the Planning Commission's decision on this matter, which
was a 4 - 3 vote;
2. Susan Hitchcock, member of the Planning Commission, also discussed the
Planning Commission's reasoning on this matter and displayed overheads of
various fence locations throughout Lodi, both with and without landscaping;
3. Steven Pechin, Baumbach and Piazza, 323 West Elm Street, Lodi, speaking on
behalf of Towne Ranch Associates, spoke in support of granting the subject
appeal due to a financial hardship and its understanding of the policy on the
matter; and
4_ Dennis Bennett, 777 South Ham Lane, Suite L, Lodi, also spoke in support of
granting the subject appeal.
Public Portion of the Hearing Closed
Continued February 1, 1995
ACTION(Sl:
Council Member Warner made a motion, Pennino second, to grant the appeal of
Baumbach and Piazza with the finding that a financial hardship existed and that there
were possible misunderstandings regarding the subject policy, to continue with the project
as planned by the developers, and further directed staff to work with the Planning
Commission to bring back a policy regarding reverse frontage fences and landscaping;
however the motion was rescinded.
At this point, Public Works Director Ronsko made a suggestion that we consider
modifying the street section to provide additional space for landscaping. He stated that
staff was preparing a recommendation to be made at a future Council meeting that
parking on Turner Road be eliminated. The width formerly used for parking, less that
needed for a bicycle lane plus the space between the proposed fence and the back of
sidewalk, would provide four feet for landscaping which could reduce the dedication
required by the developer.
Council Member Pennino then made a motion to grant the appeal with the finding that a
financial hardship existed and that there were possible misunderstandings regarding the
subject policy, to put in the required landscaping in the four foot area to be maintained by
the City of Lodi and to leave the reverse frontage wall at the current location. The motion
died for lack of a second.
Further, Council Member Sieglock made a motion, Davenport second, to deny the portion
of the appeal in regards to the required eight to ten foot right-of-way dedication for
landscaping purposes outside the proposed reverse frontage wall along Turner Road,
granted the portion of the appeal regarding the formation of a Lighting and Landscaping
Assessment District at the developers expense under the finding that a financial hardship
existed and that there were possible misunderstandings concerning the subject policy,
that the City maintain the landscaped area and further that the staff research the
reimbursement options to the developer. The motion failed by the following vote:
Ayes: Council Members - Davenport and Sieglock
Noes: Council Members - Pennino and Warner
Absent: Council Members - None
Abstain: Council Members - Mann
Therefore, because the motion failed, the subject appeal from Baumbach & Piazza
regarding the Planning Commission's decision to require an eight to ten foot right-of-way
dedication for landscaping purposes outside the proposed reverse frontage wall along
Turner Road and the formation of a Lighting and Landscaping Assessment District, all at
the developer's expense, in the Towne Ranch Development, Phase 5 was denied.
(However, this matter was further discussed and acted upon following the recess as
shown below.)
FILE NO. CC -6 AND CC -53(b)
4
Continued February 1, 1995
INTRODUCTIONS
Council Member Pennino introduced the following students scheduled for appointment to the
Greater Lodi Area Youth Commission and presented pins to each:
Heidi Ensminger
Larry Lancaster
Heather Muser
Suzanne Radotic
Jennifer Rios
Carie Crain and Andrew Vincent were unable to attend the meeting.
8. RECESS
Mayor Pro Tempore Warner declared a ten-minute recess and the City Council meeting
reconvened at approximately 9:39 p.m.
9. FURTHER DISCUSSION ON PUBLIC HEARING REGARDING APPEAL FROM BAUMBACH
AND PIAZZA
a) (Mayor Mann continued to abstain from discussion and voting on this matter.)
Following the recess, the City Council returned and continued discussion regarding the
subject appeal from Baumbach and Piazza regarding the Planning Commission's decision
to require an eight to ten foot right-of-way dedication for landscaping purposes outside the
proposed reverse frontage wall along Turner Road and the formation of a Lighting and
Landscaping Assessment District, all at the developer's expense, in the Towne Ranch
Development, Phase 5.
The City Council, on motion of Council Member Sieglock, Warner second, directed staff to
work with the developer on alternatives, costs and a compromise solution and adjourned
the discussion of this item to Tuesday, February 14, 1995 at 7:00 a.m. prior to the
scheduled Shirtsleeve Session of the City Council by the following vote:
Ayes: Council Members - Davenport, Pennino, Sieglock and Warner
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Mann
FILE NO. CC -6 AND CC -53(b)
10. COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City Attorney, City staff and/or the City's contract
administrator, Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of
Mayor Mann, Pennino second, unanimously rejected the following claim and referred it
back to ICA:
Carrie Fowler, date of loss 11/18/94.
FILE NO. CC -4(c)
Continued February 1, 1995
b) City Clerk Perrin read the following ABC License:
Niata, Inc. (The Opera House, Tracy), to Marlo Kerner & Associates, Inc.,
Hazel's, 28 South School Street, Lodi, On Sale General Eating Place, Person to
Person and Premises to Premises Transfer.
FILE NO. CC -7(f)
C) The following report was presented to the City Council:
Planning Commission report of January 23, 1995.
FILE NO. CC -35(c)
d) The City Council, on motion of Council Member Sieglock, Warner second, unanimously
directed the City Clerk to post for the following vacancy:
Gang Alternative Project (GAP)
James D. Martin
FILE NO. CC -2(q)
e) The City Council, on motion of Council Member Sieglock, Pennino second, unanimously
made the following appointments to the Greater Lodi Area Youth Commission:
Greater Lodi Area Youth Commission
Carie Crain
Heidi Ensminger
Larry Lancaster
Heather Muser
Suzanne Radotic
Jennifer Rios
Andrew Vincent
FILE NO. CC -2(t)
11. REGULAR CALENDAR
a) The City Council, on motion of Council Member Sieglock, Pennino second, introduced
Ordinance No. 1605 repealing and re-enacting Lodi Municipal Code Title 6 regarding
animal control provisions including language changes from the draft that pot belly pigs are
not allowed in the City (any current owners would have six months from the effective date
of this ordinance to remove the pot belly pigs), the barking dog provision will state that
barking will continue for an aggregate period of five minutes or more duration during any
one hour period which disturbs another person, and the number of pets allowed was
decreased from five to three pets in addition to the Animal Fanciers Permit allowing two
additional pets by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
6
Continued February 1, 1995
Speaking on the matter were the following persons:
a) Kim Miller, 2 Silverwood Court, Lodi, speaking on behalf of the Animal Friends
Connection, indicated its support for the ordinance; however, expressed concern
that a sufficient log is not kept on the animals that are picked up, adopted and/or
euthanized (a letter was submitted to the City Council which is on file in the City
Clerk's office);
b) Robin Snyder, 2342 West Turner Road, Lodi, expressed complaint on the
provision that allows existing pot belly pigs in the City of Lodi. Ms. Snyder has a
neighbor who owns a pot belly pig which has become a constant nuisance and
disturbance;
C) Tom Murphy, Stockton, also spoke against allowing pigs within the City of Lodi,
including different breeds of pigs;
d) Marlon DeGrandmont, Lodi, questioned if fish are addressed in the ordinance;
and
e) Robert Mike Wetzel, Lodi, complained that the provision regarding barking dogs
does not sufficiently take care of the problem. Ten consecutive minutes is not
reasonable and it should instead be addressed as intermittent barking.
FILE NO. CC -6, CC -65 AND CC -149
b) The City Council, on motion of Council Member Pennino, Warner second, introduced
Ordinance No. 1606 creating Chapter 8.20 of the Lodi Municipal Code entitled,
"Hazardous Substances; Recovery of Costs" by the following vote:
Ayes: Council Members -Penn i no, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -24(a) AND CC -149
C) The City Council, on motion of Council Member Sieglock, Pennino second, unanimously
authorized staff to negotiate an agreement with Wilbur Smith Associates for engineering
services for Phase II of the multi -modal station project.
FILE NO. CC -50(b) AND CC -90
12. VOTE TO CONTINUE WITH REMAINDER OF MEETING FOLLOWING 11 PM HOUR
The City Council, on motion of Council Member Davenport, Warner second, unanimously
determined it would continue with the remainder of the meeting following the 11:00 p.m. hour.
13. REGULAR CALENDAR (Continued)
a) The City Council, on motion of Mayor Mann, Davenport second, unanimously adopted
Resolution No. 95-16 authorizing the addition of two contract employees, an Equipment
Service Worker and Heavy Duty Equipment Mechanic (in the Public Works Department)
for the City of Lodi transit system, for a period of one year including a clause in the
contract that if funds were to no longer be available the contract would terminate in 30
days.
FILE NO. CC -34, CC -50(b) AND CC -300
Continued February 1, 1995
14. ORDINANCES
None.
15. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Kirk Evans, Administrative Assistant to the City Manager, reminded the City Council and
the public that the Third Household Hazardous Waste event is scheduled to be held on
Thursday, February 2, 1995 through Saturday, February 4, 1995 at Salas Park. The
event will take items for disposal free of charge.
FILE NO. CC -24(d)
b) John Johnson, 2112 Debbie Lane, Lodi, commented on the ordinance regarding the
animal control provisions and felt it was unfair to change the provision that would have
allowed grandfathering in pot belly pigs, whereas now they are not allowed. Mr. Johnson
asked the City Council to rethink its decision.
FILE NO. CC -16 AND CC -65
16. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Davenport thanked everyone for coming to the meeting and commented
on the following matters: (1) Reminded everyone to be ever mindful of the gangs; (2)
Alerted the Police Department, City Manager and City Attorney to a possible drug
problem at the apartment complex located at 445 Almond Drive. There is apparently
someone living in a garage and stealing electricity. Mr. Davenport urged that the City
take care of this situation; (3) Had a citizen ask him if he was aware of a petition being
circulated regarding the Central City Revitalization project. He is not aware of such a
petition and questioned if the City Manager knew anything about the matter. Mr. Peterson
said he did not; (4) Commented on a meeting that was held on January 31, 1995 with
staff and Michael Freedman with Freedman, Tung & Bottomley and expressed his
disappointment that the City Council was not invited. Mr. Davenport would like to know of
such meetings so that he may attend if he so desires; (5) Stated that the City Manager
has announced his retirement effective August 1, 1995; (6) Reminded the public that the
proposed business license tax ordinance is scheduled for the February 15, 1995 City
Council meeting. Anyone with questions or comments should contact the Finance
Director. He has received many letters regarding the matter and also read the letter to
the editor in the Lodi News Sentinel which said that the matter was "unconstitutional'; (7)
Questioned when the Finance Department will be moving into the Beckman building.
Public Works Director Ronsko responded that it will be in mid-March; (8) Informed the
public that the City Council conducted a Shirtsleeve Session on January 31, 1995 in
which it discussed the possibility of Lodi becoming a Charter City. Anyone with questions
or comments should contact the City Council and/or City staff; (9) Stated that the last year
or so there have been verified claims submitted to the City regarding sidewalk accidents.
Mr. Davenport hopes that staff will look at each site and take care of any problems; (10)
Received letters regarding the proposed business license tax increase; (11) Received
one letter regarding the pot belly pig issue; (12) Commented that a report was given
regarding the upcoming Household Hazardous Waste event; (13) Asked the Assistant
City Manager if he wanted to make an additional report regarding the GrapeLine (Mr.
Glenn updated the City Council on the GrapeLine system under discussion of agenda
item #H-4); (14) Asked for a status report on the Boys and Girls club building and
questioned when it would have its groundbreaking. City Manager Peterson reminded Mr.
Davenport that the Boys and Girls Club building is not a City project; however, he would
be more than happy to ask Mr. Richard Jones, Executive Director of the Boys and Girls
Club, to give a report to the City Council at a future date. Mayor Mann also informed Mr.
Continued February 1, 1995
Davenport that the matter will be going before the Site Plan and Architectural Review
Committee (SPARC) in the near future; and (15) Asked for status on the letter he received
requesting crosswalks on Fairmont Avenue north of Tokay Street. Public Works Director
Ronsko indicated that a reply was mailed to the author of the letter, a copy of which and a
cover memo was given to the City Council.
FILE NO. CC -4(c), CC -6, CC -72, CC -96 AND CC -400
b) City Attorney McNatt responded to comments by Mr. Davenport. The possible drug
situation at 445 Almond Drive is currently being addressed. Further, a letter of response
is being directed to the author of the letter to the editor who indicated that the proposed
business license tax increase is "unconstitutional".
FILE NO. CC -72, CC -96 AND CC -400
C) Council Member Sieglock reminded Council Member Davenport that the Boys and Girls
Club did have its groundbreaking ceremony last year. Further, Mr. Sieglock expressed
his congratulations to retiring City Manager Peterson and his wife, Jean. His service has
certainly been appreciated and he's done an outstanding job amid the many demands on
him from staff, Council and the public. He will be missed.
FILE NO. CC -6
d) City Manager Peterson informed the City Council that there will be a Shirtsleeve Session
on February 7, 1995 regarding the budget schedule. Assistant City Manager Glenn also
indicated the need for a Closed Session at that meeting.
17. CLOSED SESSION
Mayor Mann adjourned the City Council meeting to a Closed Session to discuss the following
matter:
a) Threatened Litigation - Department of Toxic Substances v. City of Lodi (PCE)
18. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 12:26 a.m., and Mayor Mann disclosed
the following action:
Threatened Litigation - Department of Toxic Substances v. City of Lodi (PCE)
No final action was taken on the matter.
FILE NO. CC -200(d)
19. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR
a) The City Council, on motion of Council Member Davenport, Warner second, unanimously
approved the claims in the amount of $1,926,896.56.
FILE NO. CC -21(a)
Continued February 1, 1995
b) The City Council, on motion of Council Member Pennino, Sieglock second, approved
amending the plans and specifications for bids for standby generators for water well and
storm drain pumping stations for sites 7, 9 and 16 and authorized advertising for bids by
the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12.1(b)
C) The City Council, on motion of Council Member Davenport, Warner second, unanimously
approved the plans and specifications for bids for School Street wastewater main, Oak
Street to alley north of Oak Street, and authorized advertising for bids.
FILE NO. CC -12.1(c)
d) The City Council, on motion of Council Member Pennino, Sieglock second, adopted
Resolution No. 95-17 authorizing the purchase of one used tractor for the Parks Division
and approving allocation of funds for same by the following vote:
Ayes: Council Members -Penn ino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12(d) AND CC -300
e) The City Council, on motion of Council Member Sieglock, Warner second, adopted
Resolution No. 95-12 awarding the bid for the purchase of one photocopier, to be installed
in the administrative offices of the Community Center at Hutchins Street Square, to the
low bidder, Business Office Systems of Stockton, in the amount of $8,496.09 by the
following vote:
Ayes: Council Members -Penn i no, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12(b) AND CC -300
f) The City Council, on motion of Council Member Warner, Sieglock second, unanimously
authorized the City Manager to execute the lease agreement with McCaw
Communications of Stockton, Inc. for the purpose of installing an antenna and a small
equipment building on City property and provided that the following changes to the
agreement be made:
The height of the antenna be shown as 80 feet;
• That interference by City be clarified as "physical' interference;
• Provisions be added to allow City to modify easements. Tenant to be responsible
for relocation costs; and
Sight dimensions and area be modified once they are finalized.
FILE NO. CC -90 AND CC -158
10
Continued February 1, 1995
20. VOTE TO LIMIT DEBATE
The City Council, on motion of Council Member Sieglock, Pennino second, voted to limit the
debate to one minute on the remainder of the Consent Calendar items (#E-13 and #E-14) by the
following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
21. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
a) The City Council, on motion of Council Member Sieglock, Pennino second, adopted
Resolution No. 95-15 approving the revised class specification and class title change from
Fire Administrative Officer to Fire Division Chief by the following vote:
Ayes: Council Members - Pennino, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -34 AND CC -300
b) The City Council, on motion of Council Member Warner, Pennino second, approved the
plans and specifications for bids for the Transit Administration Offices and authorized
advertising for bids by the following vote:
Ayes: Council Members -Penn i no, Sieglock, Warner and Mann (Mayor)
Noes: Council Members - Davenport
Absent: Council Members - None
FILE NO. CC -12.1(c)
22. ADJOURNMENT
There being no further business to come before the City Council, Mayor Mann adjourned the
meeting at approximately 1:00 a.m., Thursday, February 2, 1995 to Tuesday, February 14, 1995
at 7:00 a.m.
ATTEST:
(ifrM.erk
11
;TCFIVED
P'1 4: r.?
M E M O R A N D U M
TO: BOB MC NATT, CITY ATTORNEY
FROM: Ray Davenport, Council Member
DATE: February 3, 1995
SUBJ: MAYORS FAILURE TO FOLLOW PROCEDURE DURING THE REGULAR
COUNCIL MEETING OF FEBRUARY 1, 1995, SPECIFICALLY,
VIOLATIONS OF CITY RESOLUTION N, 93-35, ORDINANCE
NU. 1566 AND RULES FUR PERSONNEL AUMIN1S` RATION,
ARTICLE XIII, SECTION 13.02.
Com,Rlaint and Dissent Pursuant to City Ordinance 1566
Section 2.04.170.
City Resolution 93-35(b) specifically, states the Chair must
recognize any member who seeks the floor when appropriately
entitled to do so.
Section F(1) -Call for orders of the Day. States:
any member may demand that the agenda be
followed in the order stated therein. No second
is required and the chair must comply unless the
council or board by majority vote, sets aside the
orders of the day.
Section F(5) Point of Order. States:
Any member may require the chair to enforce
the rules of the council or Board by raising a
point of order. The point of order shall be ruled
upon by the chair.
City Ordinance No. 1566 Section 2.04.100 sets out
the order of business including consent calendar.
The Mayor is not following the above rules. During the
February 1, 1995, council meeting the Mayor did not follow the
agenda order in regard to the consent calendar , nor was a proper
motion made and acted on by council members Pennino and Sieglock.
Additionally, the Mayor did not properly recognize council
members and properly rule on points of order when called upon to
do so by the writer.
1
All actions require a motion, second, discussion and vote,
the Mayor misuses his power to repeatedly attempt to stifle
members not in his favor by circumventing or cutting short the
above referenced City resolution and ordinance. 'This conduct by
the Mayor is unacceptable. If he cannot observe the rules and
procedure and honor his duties and responsibilities in regard to
the orderly conducting of the meeting under the aforementioned
relevant sections of the City ordinance and resolutions he should
surrender his position as Chair and presiding officer.
Likewise the Mayor should discipline council members Pennino
and Sieglock for rudeness, unprofessionalism, lack of decorum and
not abiding by the aforementioned City Rules, Procedures and
Laws.
The Mayor and other named council members are interfering
with and harassing the writer by knowingly, willingly and by
conspiracy to place items pulled from the consent calendar by
this council member at the end of the meeting after the public
has gone home, the Cable T.V. cameras are gone and executive
session is concluded. This deprives the council member an avenue
of -communication with his constituents.
This above action is improper, unfair and self serving and
demonstrative of the fact that ostensibly the Mayor and council
members Pennino and Sieglock continually attempt to conceal
comments, truth and meaningful discussion on any and all consent
calendar items. This pattern has existed repeatedly since ,
December, 1992, and should not be tolerated.
Section G, specifically imposes the burden on the chair to
prevent abuse of privilege and be courteous and fair. Council
members Mann, Pennino and Sieglock are abusing privileges, not
courteous nor fair. Their conduct at meetings is counter
productive and disruptive. This appears to be fueled by City
Manager, Tom Peterson who apparently condones and promotes lack
of respect, and improper decorum by his department heads in
regard to council members not in his favor. An example is Mr.
Ronsko, seeking a council member's attention to bait him, looking
directly at a council member not in his favor and intentionally,
"flagging him the bird", under the false pretense of adjusting
his glasses. In realty Mr. Ronsko is engaging in non-verbal,
non -protected speech rising to the level of an insult and ..
fighting words as his true intention is communicated, "F --k you".
This is unacceptable conduct by Mr. Ronsko. Normally such
"baiting" tactics can be ignored, the problem is City Manager
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Peterson condones such conduct demonstrated by Department Head
Ronsko and attempts to excuse it. Council Member Pennino also
condones Mr. Ronsko's unprofessionalisim and distasteful conduct.
Mr. Ronsko is also equally antagonist and intentionally name
calls and attempts, improperly to engage in non productive
argumentative and demeaning personal character assignation at
will.
This council member has previously pointed out Mr. Ronsko
has engaged in this conduct on video, at council meetings and has
a history of this actionable, non-protected gesture, using it
against anyone not in his favor. Mr. Ronsko again engaged in
this conduct at the regular meeting February 1, 1995. This
council member has requested Mr. Ronsko refrain from such conduct
on several occasions, but he refuses to observe the request.
The City Manager has been noticed regarding Mr. Ronsko's
egregiousyoutrageous conduct which translates to lack of respect,
but refuses to discipline, counsel or control Mr. Ronsko. Also,
the Mayor and other council members have been noticed of Mr.
Ronsko's improper conduct on several occasions. This conduct and
abuse simply must be addressed and stopped. A City Counsel
member is not required to be constantly subjected to Mr. Ronsko's
harassment and abusive conduct.
It is recommended Mr. Ronsko and the City Manager be fired
for willfully and wantonly engaging in such disrespect, this
offensive conduct amounts to insubordination, violative of City
Rules, Ordinances, Resolutions and Laws. Disciplinary causes of
actions may be found in rules for Personnel Administration
Article XIII, Disciplinary Proceedings:
Section 13.02 J states:
Discourteous treatment of the public or City
employee or disorderly conduct on City Property or
on City Business including fighting, or using
profanity, intimidation, abusive or threatening
language is cause for disciplinary action up to
and including discharge of any employee.
Mr. Peterson has a duty to discipline Mr. Ronsko, failure in
performance of his duty is grounds for discharge.
Mr. Ronsko is in violation of Personnel Rules Section 13.02
J,D,E,K and other relevant sections.
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Mr. Ronsko already is charged with (and substantial evidence
exist) unauthorized use of public funds for personal use and gain
in regard to having city tree trimmers do personal work at his
home and repair of certain city employees chainsaws by city
employees on city time. Other incidents may exist.
This aforementioned conduct and abuse by Mr. Ronsko simply
must stop. In the event this dissent and formal complaint is
ignored or taken lightly further legal action will follow.
The council pays the City Manager approximately $120,000.00
a year additional, Mr. Ronsko takes from the City coffers
approximately $110,000.00 a year, combined, a quarter of a
million dollars is spent annually on these two individuals.
Mr. Ronsko's conduct, supported and condoned by the City
Manager is ludricious, repeatedly engaging in uncordial juvenile
jesters while receiving citizens hard earned tax monies is not
the purpose or conduct these men were hired to do. The remedy is
easy, simply apologize and refrain from further juvenile activity
of making obscene gestures and name calling. Malicious "baiting"
by Mr. Ronsko is also irresponsible, unprofessional conduct, not
in the course and scope of his employment and actionable both
civilly and under the above City personnel rules.
It is one thing to engage in organized discourse at public
meetings, it is quite another for a subordinate employee, as Mr.
Ronsko, to go unfettered with malicious harassment, disrupting ,
elected council members official business by discourteous
treatment, disorderly conduct and abusive or threatening language
and interfering with a council members job. No justification
exists for Mr. Ronsko's repeated abusive conduct. No council
member should have to be subjected to or be forced to endure the
abusive treatment projected by Mr. Ronsko during the course and
scope of the council member's official duties.
Alternatively, if Mr. Ronsko has a habit of making abusive
and obscene gestures due to a mental handicap or physical
affliction perhaps he should seek counseling and therapy so that
his conduct and gestures will not be misconstrued and his conduct
will be ignored due to his mental or physical infirmity or
medical condition, ie. terets.
Mr. Ronsko's modus operandi of gaining a persons attention,
looking directly at them, "adjusting" his glasses with his middle
finger while at the same time casting and signaling a
in
contemptuous look and portraying a snide smirk on his countenance
suggests and conveys intent and transmits the message of
disrespect to any reasonable man, commonly known as "flagging the
bird" or making an obscene offensive gesture. This improper
malicious conduct and intentional harassment by Mr. Ronsko must
cease.
cc: City Council Members
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