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HomeMy WebLinkAboutMinutes - March 2, 1988?3 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, MARCH 2, 1988 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Pinkerton, Reid, Snider and Olson (Mayor) Absent: Council Members - None Also Present: City Manager Peterson, Assistant City Manager Glenn, Community Development Director Schroeder, Public Works Director Ronsko, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Pastor Skip Suess, Center of Hope. PLEDGE OF The Pledge of Allegiance was led by Mayor Olson. ALLEGIANCE PRESENTATIONS Presentation of United Way Annual Campaign awards were made. PROCLAMATIONS Mayor Olson presented the following proclamations: CC -37 a) March 1988 - "Music In Our Schools Month" b) "March 6 - 12, 1988 - "American Association of University Women Week" CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Hinchman, Reid second, approved the following items hereinafter set forth. Agenda item E-13 - "Approve agreement with Great Western Savings and Loan Association to serve as the City's Administrator for the City of Lodi Deferred Compensation Program" was removed from the agenda. This item will be placed on the agenda for the Adjourned Regular City Council Meeting of Tuesday, March 8, 1988 at 7:00 a.m. *************************************** CLAIMS CC -21(a) Claims were approved in the amount of $1,934,233.09. MINUTES The minutes of January 20, 1988, February 3, 1988 (7:30 p.m.), and February 3, 1988 (9:00 p.m.) were approved as written. DESTRUCTION OF CERTAIN RECORDS RETAINED BY CITY CLERK APPROVED RES. NO. 88-25 The City Council adopted Resolution No. 88-25 approving destruction of certain records in the City Clerk's Office CC -6 pursuant to Section 34090 of the Government Code of the State of California. AWARD INSTALLATION/ UPGRADE OF KILLELEA SUBSTATION FENCE RES. NO. 88-26 The City Council adopted Resolution No. 88-26 awarding the 1 61Y Continued March 2, 1988 bid for the installation/upgrade of Killelea Substation CC -12(c) Fence to the low bidder, Economy Fence Co., Stockton, CA, in the amount of $14,057.30. Council was reminded that the present security system at the Killelea Substation (Cherokee Lane and Locust Street) has been repeatedly breached of late and considerable upgrade of this system is required. Unauthorized entry has included intrusions under and over the chain-link fence surrounding the substation; recently the padlock was cut and removed leaving the gate open to the general public. Articles have been stolen from the site and various toys have been found on site. This particular substation is the only one which has experienced such intrusions. While no significant damage has been done to date, the presence of unauthorized persons in an ultra -hazardous area is a serious matter. The exposure to high-voltage equipment should be limited to only those trained in electrical. safety. Furthermore, that substation represents the direct link between Lodi and its power supply. Any accident involving the main power bus at that substation affects the entire city. Although the fence, as it stands today, meets the minimum legal height requirements, it is recommended that the fence be reconstructed based on analysis of existing foundations and fence supports to prohibit intrusion under and over the fence. The recommended fence configuration is 10 feet material with slats and 1 foot barbed wire interlaced with razor ribbon on top. In addition, all gates and doors have been equipped with alarms and an infrared perimeter beam scanning system installed. Any entry will be detected by either a door/gate entry sensor and/or by crossing the infrared beams. Funding for this project is available in the Electric Utility Outlay Budget. This project is expected to be completed within 6 weeks. AWARD BID FOR CUSHMAN SCOOTERS FOR THE PARKS AND RECREATION DEPARTMENT RES. NO. 88-27 Council was reminded that at the Council meeting of January 20, 1988, Council approved specifications for four Cushman CC -12(d) Scooters and authorized the obtaining of bids. The following bids were received: BIDDER AMOUNT Duke Equipment company $36,529.38 West Star Distributors $40,726.26 Council adopted Resolution No. 88-27 awarding the bid for four Cushman Vehicles and accessories for a 100 gallon sprayer to Duke Equipment Company in the amount of 534,327.05 ($2,202.33 was deducted from the bid which covered a Boom Sprayer). Further, Council approved a Special Allocation in the amount of $3,527.05 charged against the 12 Equipment Fund to cover this purchase. SPECIFICATIONS FOR PURCHASE OF WATTHOUR METERS APPROVED The City Council approved the specifications for the purchase of 576 watthour meters and authorized CC -12.1(b) advertisement for bids thereon. The bid opening date has been set for March 22, 1988. Continued March 2, 1988 Council was reminded that on or about February 8, 1988, the City of Lodi was forwarded a notice of cancellation of liability insurance effective March 7, 1988 for American Classic Limousine Service. On February 9, 1988, the City Attorney wrote to the firm advising that under the terms and conditions of their permit/agreement, they must maintain the prescribed insurance requirements to continue with their vehicle for hire operation, and that if the firm did not supply the required insurance, that their permit would be revoked. Having received no response from the firm, the City Attorney's office called Larry Gigletto of that firm on February 16, 1988, and Mr. Gigletto indicated that their firm was going out of the vehicle for hire business, and that was the reason they had cancelled their liability insurance, and that they no longer wished to continue on with their vehicle for hire permit/agreement with the City of Lodi. DEVELOPMENT IMPROVEMENTS INCLUDED IN CENTURY BOULEVARD, SAGE WAY AND SYLVAN WAY ACCEPTED RES. NO. 88-28 Council adopted Resolution No. 88-28 accepting the development improvements included in the Development The meters will be used to meter electric energy usage at the following developments: Apple Orchard Parkview Terrace Johnson Ranch Park West Meadows Sunwest In addition, the meters will be required for other smaller developments throughout the city, to maintain an inventory for other needs as they develop and for replacement of obsolete and deteriorated meters located during meter testing. The estimated cost of this purchase is $20,000 with delivery expected in 8-10 weeks. Funding is available in the Electric Utility Department's operating fund. HOUSING AUTHORITY OF THE COUNTY OF SAN JOAQUIN 1987 ANNUAL REPORT RECEIVED FOR FILING The City Council received for filing the Housing Authority of the County of San Joaquin 1987 Annual Report. CC -7(b) CC -25 Council was reminded that Section 34328 of the State of California Health and Safety Code provides that at least once a year an authority shall file with the Clerk of the respective city and with the Department of Housing and Community Development a report of its activities for the preceding year. The report shall contain information adequate to determine that the requirements of Section 34312.2 have been met for any activity undertaken pursuant to the section. VEHICLE FOR HIRE OPERATOR'S PERMIT FOR AMERICAN CLASSIC LIMOUSINE SERVICE REVOKED The City Council revoked the Operator's Permit of American Classic Limousine Service. CC -33 Council was reminded that on or about February 8, 1988, the City of Lodi was forwarded a notice of cancellation of liability insurance effective March 7, 1988 for American Classic Limousine Service. On February 9, 1988, the City Attorney wrote to the firm advising that under the terms and conditions of their permit/agreement, they must maintain the prescribed insurance requirements to continue with their vehicle for hire operation, and that if the firm did not supply the required insurance, that their permit would be revoked. Having received no response from the firm, the City Attorney's office called Larry Gigletto of that firm on February 16, 1988, and Mr. Gigletto indicated that their firm was going out of the vehicle for hire business, and that was the reason they had cancelled their liability insurance, and that they no longer wished to continue on with their vehicle for hire permit/agreement with the City of Lodi. DEVELOPMENT IMPROVEMENTS INCLUDED IN CENTURY BOULEVARD, SAGE WAY AND SYLVAN WAY ACCEPTED RES. NO. 88-28 Council adopted Resolution No. 88-28 accepting the development improvements included in the Development 04 0 Continued March 2, 1988 CC -46 Agreement for the improvements of Century Boulevard, Sage umv, and Sylvan way.. Improvements in Century Boulevard, Sage Way, and Sylvan Way have been completed in substantial conformance with the requirements of the Development Agreement between the City of Lodi and Lakeshore Meadows Group and Ford Construction dated June 25, 1986 and as specifically set forth in the plans and specifications approved by the City Council. IMPROVEMENTS UNDER HUTCHINS STREET SQUARE FINE ARTS COMPLEX CONTRACT APPROVED The City Council accepted the improvements for the "Hutchins Street Square Fine Arts Complex", and directed CC -90 the Public Works Director to file a Notice of Completion with the County Recorder's office. Council was advised that the contract was awarded to Roek Construction of Stockton on November 5, 1986 in the amount of $759,100. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date, including approved extensions, was August 4, 1987 and the City took occupancy on August 21, 1987. Seventeen days of liquidated damages are being assessed. Total completion of all "punch list" items took place the week of February 22, 1988. The final contract price was $763,502.12. The difference between the contract amount and the final contract price is mainly due to differences caused by unknown conditions in the existing building. DRIVEWAY AT 1721 SOUTH CHEROKEE LANE APPROVED RES. NO. 88-29 The City Council adopted Resolution No. 88-29 granting a 35 -foot driveway at 1721 South Cherokee Lane. CC -45(b) Council was informed that when the Division of Highways relinquished Cherokee Lane to the City of Lodi, they also gave to the City certain access rights in the area south of Vine Street. In order to have a legal access, it is necessary for property owners to receive approval from the City Council to add new driveways. Staff has reviewed the request for a new driveway at 1721 South Cherokee Lane to provide access to this parcel and feels the request is reasonable. AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR WATER MAIN CROSSING AT HARNEY LANE RES. NO. 88-30 The City Council adopted Resolution No. 88-30 approving the agreement with Southern Pacific Transportation Company to CC -6 operate and maintain a 10 -inch water main crossing at CC -7(h) Harney Lane, and authorized the Mayor and City Clerk to execute same for the City. Council was informed that this crossing, together with the extension of mains for the Maggio Industrial Park, will complete a loop between the existing developments on both sides of the Southern Pacific Railroad. The 10 -inch main is shown on the City's Water Master Plan for the City. The requirements of Southern Pacific Transportation Company are Continued March 2, 1988 typical for this type of City policies, the cost 50/50 between the City Industrial Park. AGREEMENT WITH THE LODI BOYS' AND GIRLS' CLUB GRANTING AN OPTION TO LEASE REAL PROPERTY AT BLAKELY PARK FOR THE CONSTRUCTION OF A CLUB FACILITY installation. In conformance with of the crossing is being shared and the developers of Maggio 377 APPROVED The City Council approved the agreement between the City of Lodi and the Lodi Boys' and Girls' Club for the lease of CC -27(a) real property in Blakely Park for the construction of a CC -27(c) club facility, and authorized the Mayor and City Clerk to CC -188 execute same. Council was reminded that at its regular meeting of August 5, 1987 the City Council approved the concept of the construction of a permanent facility for the Lodi Boys' and Girls' Club in the southeast corner of Blakely Park. At that time the Council directed staff to prepare the appropriate agreement. This agreement has been reviewed in depth by staff and Lodi Boys' and Girls' Club representatives and all concurred that the matter was ready for Council action. APPLICATION FOR THE THIRD YEAR OF FUNDING FOR THE COMMUNITY CRIME RESISTANCE PROGRAM GRANT THROUGH THE OFFICE OF CRIMINAL JUSTICE PLANNING APPROVED RES. N0. 88-31 The City Council adopted Resolution No. 88-31 approving application for the third year of funding for the Community CC -7(f) Crime Resistance Program Grant through the Office of CC -175 Criminal Justice Planning. The City Council was informed that the Lodi Police Department has been funded for two years under the Crime Resistance Program beginning in July of 1986. The program has enabled the Police Department to hire two Community Service Officers for its Crime Prevention Unit. They have developed Neighborhood Watch program throughout the City and worked extensively in the schools especially with student safety patrol. Continued funding will allow the Police Department to expand its crime prevention function with new areas targeted for Neighborhood Watch and activities specifically for seniors. PUBLIC HEARING SET TO CONSIDER IMPLEMENTATION OF A MORATORIUM ON PROCESSING DEVELOPMENT PROPOSALS OF PROPERTIES CURRENTLY OUTSIDE THE CITY LIMITS The City Council set a public hearing on April 6, 1988 to consider the implementation of a moratorium on future CC -6 annexations. This moratorium would continue until the CC -14[a) White Slough Water Pollution Control Facility expansion CC -24(b) project is completed. CC -44 Continued March 2, 1988 CC -46 The City Council was reminded that the White Slough Water CC -51(a) Pollution Control Facility (WSWPCF) is presently receiving approximately 6.0 million gallons per day (MGD). The current design capacity of WSWPCF is 5.8 MGD. In October of 1987, the City Council awarded a contract for interim aeration improvements at WSWPCF. It is anticipated that these interim improvements will be completed in March of 1988 and will provide WSWPCF with a new capacity of 6.2 MGD. A Capacity Evaluation of the White Slough Water Pollution Control Facility was presented for Council review. This evaluation shows that with the development of the existing residential lots and acreage already within the City limits, the WSWPCF with its interim improvements will again be at capacity prior to January 1990. The City's proposed plant expansion project which will increase the capacity from 6.2 MGD to 8.5 MGD is not scheduled to be completed until January of 1991. It was therefore recommended that the City of Lodi not process any new annexation proposals until domestic sewer capacity is available for projects currently lying outside PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION THAT THE CITY ESTABLISH A GROWTH MANAGEMENT PLAN WITH A TWO PERCENT GROWTH RATE The Planning Commission at its meeting of February 8, 1988 recommended that the City Council establish a Growth CC -18 Management Plan with a two percent growth rate along the CC -27(a) lines recommended by the Mayor's Task Force on Measure A. CC -35 6 the City limits. RECESS A five-minute recess was declared by Mayor Olson, and the City Council reconvened at approximately 10:00 p.m. COMMENTS BY CITY COUNCIL MEMBERS PRESENTATION MADE TO COUNCIL MEMBER PINKERTON Mayor Olson presented Council Member Pinkerton with a children's book entitled, "Pinkerton - Behave". CONCERN EXPRESSED REGARDING FLOWER SALES ON CITY STREET CORNERS Council Member Pinkerton requested that staff take whatever steps are necessary to prevent flower sales on city street CC -16 corners. COMMENTS BY THE PUBLIC ON NON AGENDA ITEMS There were no persons wishing to address the Council under this segment of the agenda. PUBLIC HEARING Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Olson called for the Public Hearing to consider the Planning Commission's recommendation that the City establish a Growth Management Plan with a two percent growth rate along the lines recommended by the Mayor's Task Force on Measure A and whether or not to place the matter before the electorate at the June 7, 1988 General Election as an advisory measure. PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION THAT THE CITY ESTABLISH A GROWTH MANAGEMENT PLAN WITH A TWO PERCENT GROWTH RATE The Planning Commission at its meeting of February 8, 1988 recommended that the City Council establish a Growth CC -18 Management Plan with a two percent growth rate along the CC -27(a) lines recommended by the Mayor's Task Force on Measure A. CC -35 6 Continued March 2, 1988 CC -46 In a related matter, the majority of the Planning CC -53(a) Commission felt that placing this matter on the June 7, 1988 General Election as an advisory measure was strictly a City Council decision and not a planning matter. In the legal notice for this Public Hearing, the City staff indicated that the Council would consider placing this item before the electorate. Council was reminded that in April, 1986, then Mayor David Hinchman convened a task force comprised of 10 citizens who represented a wide spectrum of viewpoints on Measure "A", the Greenbelt Initiative. The charge to the Task Force was: "To study and recommend to the Lodi City Council, unanimously if possible, a solution or solutions that would guide and control growth with the intent to preserve and enhance the aesthetic and economic qualities of the City of Lodi." To advise the task force in its work the City retained the services of the planning firm of Jones & Stokes Associates of Sacramento. The task force has met monthly between May 1986 and July 1987 and, with advice from Jones & Stokes Associates, developed the growth management systems contained in the Element. The Task Force's final recommendations were presented for Council's review. It should be emphasized that the growth limitation is aimed at standard single-family and multiple -family development with senior citizens housing projects specifically exempted. Commercial and industrial projects do not fall within the parameters of the Growth Management Plan. The matter was introduced by City Manager Peterson and Community Development Director Schroeder who responded to questions regarding the matter as were posed by the Council. Speaking in favor of the Planning Commission's recommendation were: a) Deanna Enright, Vice President of the Lodi District Chamber of Commerce b) Beryl Georguson, 2223 Cochran Road, Lodi Speaking against the Planning Commission's recommendation were the following persons: a) Walter Pruss, 2421 Diablo Court, Lodi, indicated that it is his opinion that a 1% growth rate is more realistic and proper. (A full copy of Mr. Pruss's comments are on file in the office of the City Clerk). b) Jeanne Zolezzi, Attorney -at -Law, Neumiller and Beardslee, representing the LIFE Committee indicating that a 2% growth rate is unrealistic and that such a measure would be illegal. c) Ben Schaffer, 600 Connie Street, Lodi, who indicated that he would prefer not to see a 2% limit and feels the City should wait for the court decision. Also speaking against the Planning Commissions recommendation regarding the matter were: a) Dennis Bennett, 3015 Rosewood Drive, Lodi b) Ken Boyd, 122 North Church Street, Lodi c) Susan Hitchcock -Akin, 141 South Avena 7 Continued March 2, 1988 Mrs. Janet Pruss, 2421 Diablo Drive, Lodi, also spoke indicating that perhaps it would be more reasonable to accommodate the wishes of Lodi voters to limit growth and vote for a 1% rate. (A full copy of Mrs. Pruss's comments are on file in the office of the City Clerk). There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. Following discussion, Council Member Hinchman moved to support the 2% growth recommendation of the Measure A Task Force. The motion was seconded by Mayor Pro Tempore Snider, but failed to pass by the following vote: Ayes: Council Members - Hinchman and Snider Noes: Council Members - Pinkerton, Reid and Olson Absent: Council Members - None Following additional discussion, Council Member Reid moved to accept the recommendation of the Measure A Task Force: determining, however, that the recommended 2% growth rate would not be binding but would be considered in the Growth Management Element of the proposed General Plan Update. The motion was seconded by Council Member Hinchman and carried by a unanimous vote of the Council. Further, on motion of Council Member Reid, Pinkerton second, Council voted not to place the matter on the June 7, 1988 General Election ballot as an advisory measure. PLANNING COMMISSION City Manager Peterson presented the following Planning REPORT Commission Report of the Planning Commission Meeting of February 24, 1988. CC -35 The Planning Commission - ITEMS OF INTEREST 1. Chairman Stafford appointed the following persons to serve on the Off -Premise Sign Committee: a. Susan Hitchcock Akin, Planning Commission b. Michael Lapenta, Planning Commission c. Donald Kundert, Site Plan and Architectural Review Committee d. Michael Bradley, Chamber or Commerce e. Margaret Talbot, Community Representative 2. Continued consideration of the request of Nobuo Kishida to divide 107 Kelly Street (APN 060-05) into Parcel "A" and Parcel "B" in an area zoned M-2, Heavy Industrial until March 14, 1988. 3. Conditionally approved the request of Terry Piazza, Baumbach and Piazza Consulting Engineers, on behalf of Darrel Fandrich for a Tentative Parcel Map to divide a 1.592 acre lot into two equal parts at 1721 South Cherokee Lane (APN 062-060-20) in an area zoned C-2, General Commercial. 4. Conditionally approved the request of R. W. Siegfried and Associates, Consulting Engineers, on behalf of The Luckey Company and Delta Eye Medical Group to resubdivide 1403 Lakeshore Drive (APN 058-160-26), 1710 West Kettleman Lane (APN 058-160-27); and 1716 West Kettleman Lane (APN 058-160-28) into Parcels "6A" and "7A" in an area zoned P -D (21) Planned Development District No. 21. 8 PETITION RECEIVED FROM RESIDENTS IN THE AREA OF 1930 HOLLY DRIVE, LODI, OPPOSING THE NEW PROPOSED HOURS OF THE QUIK STOP MARKETS, INC. Following receipt of a petition received from residents in the area of 1930 Holly Drive, Lodi, opposing the new CC -16 proposed hours of the Quik Stop Markets, Inc., located at CC -32 that address, Council, on motion of Council Member Reid, Hinchman second, directed that the matter be placed on the Regular Calendar on the Agenda for the regular Council Meeting of March 16, 1988. COUNCIL EXPRESSES CONCERN REGARDING HANDICAP ACCESSIBILITY OF CITY HALL Following receipt of a letter from a citizen advising that she would not be able to attend a City Council Meeting to CC -14(b) address the Council on a matter coming before it inasmuch CC -24(b) as she is confined to a wheelchair and City Hall is not CC -118 handicap accessible, Council requested that this subject be CC -142 placed on the agenda for the regular Council Meeting of March 16, 1988. REGULAR CALENDAR AGREEMENT FOR Continued March 2, 1988 5. Determined that the pre-existing condition permitted a duplex to be returned to a triplex at 5 West Vine Street in an area zoned M-2, Heavy Industrial as requested by Alan Roskie. 6. Recommended that the San Joaquin County Planning Commission deny the request of Kerry Suess for a General Plan Amendment from Agricultural to General Industrial, and a rezoning from I -PA, Interim Protected Agricultural to M-2, General Industrial at the northeast corner of Guild Avenue and Lockeford Street. COMMUNICATIONS (CITY CLERK) CLAIMS On recommendation of the City Attorney and the City's Contract Administrator, Council, on motion of Council CC -4(c) Member Pinkerton, Reid second, accepted the application for a late claim filed by Barbara Shotswell, date of loss 1/5/87, and rejected the claim in view of the demand. ABC LICENSE APPLICATIONS City Clerk Reimche presented the following applications which had been received for Alcoholic Beverage Licenses: CC -7(f) a) Raley's 311 South Lower Sacramento Road Off Sale General License Stock Transfer b) Dewok Investments, Inc. Big E's Lockeroom Saloon 920-D South Cherokee Lane On Sale Beer and Wine Eating Place Original License c) Papico, Inc. Jimboys Tacos A21 480 South Cherokee Lane, Suite E On Sale Beer and Wine Eating Place New License PETITION RECEIVED FROM RESIDENTS IN THE AREA OF 1930 HOLLY DRIVE, LODI, OPPOSING THE NEW PROPOSED HOURS OF THE QUIK STOP MARKETS, INC. Following receipt of a petition received from residents in the area of 1930 Holly Drive, Lodi, opposing the new CC -16 proposed hours of the Quik Stop Markets, Inc., located at CC -32 that address, Council, on motion of Council Member Reid, Hinchman second, directed that the matter be placed on the Regular Calendar on the Agenda for the regular Council Meeting of March 16, 1988. COUNCIL EXPRESSES CONCERN REGARDING HANDICAP ACCESSIBILITY OF CITY HALL Following receipt of a letter from a citizen advising that she would not be able to attend a City Council Meeting to CC -14(b) address the Council on a matter coming before it inasmuch CC -24(b) as she is confined to a wheelchair and City Hall is not CC -118 handicap accessible, Council requested that this subject be CC -142 placed on the agenda for the regular Council Meeting of March 16, 1988. REGULAR CALENDAR AGREEMENT FOR Continued March 2, 1988 REDESIGN OF C -BASIN City Attorney Stein reported that it was his understanding that the City Council had concerns regarding the C -Basin CC -27(a) Agreement when it was discussed at the City Council meeting CC -27(c) of February 17, 1988. This concern was specifically CC -161 regarding the increased cost of land acquisition and the increased cost of construction. Mr. Stein indicated that he understood that the Council was requesting that Mr. Geweke agree to pay any of these increased costs. In speaking with Mr. Geweke's representative, Attorney Gerry Sperry, Council was apprised that he has asked for an opportunity to address the Council on those issues. Mr. Sperry and the City Attorney have talked, over a period of time, regarding those exact concerns and Mr. Sperry suggested that his client was uncomfortable with agreeing to pay additional costs at this time but that if, at the time the Council decides to go through with the redesign, his client refuses at that time to pay for the additional costs, then this Council would be under no obligation to construct the redesign. Further, Mr. Stein indicated it was his understanding that Council was concerned about the agreement with the Kettelmans to purchase the property from the Kettelmans. To date, the City actually has no written agreement, but an offer to purchase the property at the present $26,500 per acre. Mr. Stein emphasized that what this Council must be aware of is that in the Agreement of Purchase and Sale and Escrow Instructions between the Kettelmans and Mr. Geweke, Mr. Geweke is to buy the acreage which is left over after the City of Lodi purchases 10 (or 12) acres from Parcel #30. 10 On February 24, 1988, Glen Robison, Assistant City Engineer, received a letter from Robert Elliott, attorney for the Kettelmans, which letter put the City on notice that it had 30 days to either purchase the 10 (or 12) acres; otherwise the Kettelmans will withdraw their offer to sell the property to the City. A lengthy discussion followed with questions being directed to Staff. Mr. Gerry Sperry, Attorney -at -Law, Law Offices of Freeman and Brown, 1818 Grand Canal Boulevard, Stockton, California, representing Mr. Daryle Geweke addressed the Council urging Council to authorize the execution of the proposed agreement with Mr. Richard A. Bigler for the redesign of the "C" Basin. Following additional discussion, Council, on motion of Council Member Hinchman, Reid second, approved the acquisition of the 12.6 acres from the Kettleman family. Further, on motion of Council Member Reid, Hinchman second, Council set a public hearing for April 6, 1988 to consider the adoption of a Resolution of Necessity. AWARD CONTRACT FOR ELEVATED WATER TANK, NORTH MAIN STREET AND EAST LOCUST RES. NO. 88-32 The City Council on motion of Council Member Reid, Hinchman second adopted Resolution No. 88-32 awarding the contract CC -12(d) for the Elevated Water Tank, North Main Street and East Locust Street to PDM/Hydrostorage in the amount of $455,500 and appropriate an additional $248,000 from the Water 10 Continued March 2, 1988 Capital Outlay and Operating Reserve Fund to complete the project. Council was apprised that this project includes the replacement of the elevated water tank with a new steel tank. The new tank will be located slightly north and west of the existing tank in conformance with the Parks & Recreation Corporation Yard Master Plan. The City received the following two bids for this project: BIDDER LOCATION BID PDM/Hydrostorage San Mateo $455,500.00 CBI Na -Con Inc. Fontana $538,975.00 This project was rebid after the bids received on February 9 were rejected. The low bidder, PDM, was able to reduce their price by $53,000 with the changes made to the plans and specifications. The total project estimate of $525,000 includes construction engineering and contingencies. The recommended project funding is as follows: Balance in water tank replacement account: $277,000 Transfer from water operating reserve: 150,000 Reappropriate portion of Well 11 redrill project 98,000 525,000 The Well 11 project will not be completed this fiscal year as a site has not been obtained. The account will have enough funds remaining to continue work on obtaining a site. Following discussion, Council, on motion of Council Member Hinchman, Reid second, asked staff to check into the placing of a horn on the elevated water tank which would go off at noon. The motion carried by the following vote: Ayes: Council Members - Hinchman, Pinkerton, Reid and Olson (Mayor) Noes: Council Members - Snider Absent: Council Members - None PUBLIC HEARING SET TO CONSIDER ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FIVE PARCELS OF LAND ON THE WEST SIDE OF HUTCHINS STREET, BETWEEN TAMARACK DRIVE AND VINE STREET, BY EMINENT DOMAIN PROCEDURES On motion of Council Member Hinchman, Snider second, Council set a public hearing for April 6, 1988 to consider CC -27(a) adoption of a Resolution of Necessity for the acquisition of five parcels of land on the west side of Hutchins Street (between Tamarack Drive and Vine Street) by eminent domain procedures. Council was informed that the City's land acquisition agent, Jerry Heminger, has been in contact and working with the property owners on South Hutchins Street for several months. The City now has reached agreement on the basis of the appraisals with 11 of the original 16 property owners. 11 it J i Continued March 2, 1988 The City also has general agreement with two others, but through no fault of theirs or the City's, getting the necessary signatures may delay the project. The three remaining owners have indicated that they are not satisfied with the City's offer, but have not presented any reason for modification. It appears that the only way the City can proceed with this project this summer is through the use of eminent domain procedures. Once the Council has set a date for the hearing, all affected owners will be officially notified of the hearing so that they may respond. RECONSIDERATION OF AGENDA ITEM K -1 - "APPROVE AGREEMENT FOR REDESIGN OF C -BASIN AND DISCUSS ADDITIONAL PROPERTY ACQUISITION AT THAT SITE" Following a comment by Orrin D. Kettelman who was in the audience, Council, on motion of Council Member Reid, Snider CC -27(a) second, moved to reconsider agenda item K-1 - "Approve CC -27(c) Agreement for Redesign of C -Basin and discuss additional CC -161 property acquisition at that site". Following additional discussion with questions being directed to Staff and to the City Attorney, Council on motion of Mayor Pro Tempore Snider, Reid second, rescinded its earlier actions regarding this matter. Further, Council on motion of Mayor Pro Tempore Snider, Reid second, approved the agreement between Daryl Geweke and the City of Lodi for the Redesign of C -Basin and authorized the City Manager and City Clerk to execute the agreement on behalf of the City. Further, Council approved the Contract Agreement with Richard A. Bigler, Landscape Architect for the development of the landscaping plans and redesign of the C -Basin Park Site, and authorized the Mayor and City Clerk to execute the subject agreement. ORDINANCES There were no ordinances presented for adoption at this meeting. CLOSED SESSION The Council adjourned to meet in a "Closed Session" regarding personnel. ADJOURNMENT There being no further business to come before the Council, Mayor Olson adjourned the meeting at approximately 11:40 p.m. to Tuesday, March 8, 1988 at 7:00 am. ATTEST: LLLGU �; .,✓ Alice M. Reimche City Clerk 12