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HomeMy WebLinkAboutMinutes - March 16, 198887 i RES. NO. 88-33 The City Council adopted Resolution No. 88-33 - a 1 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, MARCH 16, 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/Deputy City Clerk Schroeder, Public Works Director Ronsko, and City Attorney Stein INVOCATION The invocation was given by Pastor R. L. Weishoff, Emanuel American Lutheran Church. PLEDGE OF The Pledge of Allegiance was led by Mayor Olson. ALLEGIANCE PRESENTATIONS REQUEST FROM LODI ARTS COMMISSION FOR FUNDS FOR LODI CHAMBER ORCHESTRA Mr. Rick Dentino, Chairman of the Lodi Arts Commission and Commissioner Mary Jane Ballatore, addressed the Council CC -2(k) requesting funds to support the formation of the Lodi Chamber Orchestra. Discussion followed with questions being posed by the Council. On motion of Council Member Hinchman, Pinkerton second, Council, by unanimous vote, transferred $1,000 from the Contingency Fund to the Lodi Arts Commission to be used as the Commission chooses. PROCLAMATION Mayor Olson presented a Proclamation to Dr. Wayne Kildall recognizing the tenth anniversary of the Center of Hope. CC -37 CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Reid, Snider second, approved the following items hereinafter set forth. Consent Calendar item E-15 - "Authorize City Manager and City Clerk to execute Agreement for Architectural Services for design of Hutchins Street Square Senior Complex" was withdrawn from the Agenda. **************************************** CLAIMS CC -21(a) Claims were approved in the amount of $1,341,209.03. MINUTES No minutes were presented for approval at this meeting. RESOLUTION OF INTENTION TO VACATE PORTIONS OF EASEMENTS, LOWER SACRAMENTO ROAD BETWEEN TAYLOR ROAD AND VINE STREET AND THE NORTH AND SOUTH LINES OF ST. MORITZ DRIVE, ADOPTED RES. NO. 88-33 The City Council adopted Resolution No. 88-33 - a 1 Continued March 16, 1988 Resolution of Intention to abandon a portion of the public CC -52(b) utility easements along the east line of Lower Sacramento Road, between Taylor Road and Vine Street, and the north and south lines of St. Moritz Drive, referred the matter to the Planning Commission, and set it for public hearing at the regular Council meeting of April 6, 1988. Council was apprised that this public utility easement abandonment has been requested by Glen Baumbach, the engineer for this development. Abandoning a portion of these easements will allow the developer to construct his fence six feet behind the property line and install eight feet of landscaping between the sidewalk and the fence. The owners have paid the required fees to process this abandonment. Pacific Bell, PG&E, King Videocable Company, and City utilities have been notified of this proposed abandonment and their approval will be secured prior to the final action. RESOLUTION OF INTENTION ADOPTED TO VACATE A PORTION OF THE PUBLIC UTILITY EASEMENT ALONG THE WEST LINE OF 122 RIVERGATE PLACE RES. NO. 88-34 The City Council adopted Resolution No. 88-34 - a Resolution of Intention to abandon a portion of the public CC -52(b) utility easement along the west line of 122 Rivergate Place referred the matter to the Planning Commission, and set it for public hearing at the regular Council meeting of April 6, 1988. This public utility easement abandonment has been requested by the owners of 122 Rivergate Place to allow them additional space in their rear yard for the installation of a swimming pool. The owners have paid the required fees to process this abandonment. Pacific Bell, PG&E, King Videocable Company, and City utilities have been notified of this proposed abandonment and their approval will be secured prior to the final action. AWARD CONTRACT FOR WELL DRILLING, WELL 1-R, 705 EAST LODI AVENUE RES. NO. 88-35 The City Council adopted Resolution No. 88-35 awarding the contract for Well Drilling, Well 1-R, 795 East Lodi Avenue CC -12(a) to Clark Well and Equipment Company in the amount of CC -183(a) $53,950.00. Council was apprised that this project consists of providing a replacement water well for Well 1 which was drilled in 1921. The existing Well 1 is located in the alley south of Lodi Avenue, west of Washington Street. This well is slated for replacement due to its age and poor condition. The replacement well will be located in the parking lot behind Fire House #2 at 705 East Lodi Avenue. Plans and specifications for this project were approved on February 17, 1988. Continued March 16, 1988 X983 The City received the following four bids for this project: BIDDER LOCATION BID Clark Well & Equipment Co. Stockton $53,950.00 Lane -Western Co., Inc. Woodland $61,528.00 Myers Bros. Farming & Well Drilling Hanford $62,720.00 Calwater Drilling Co. Inc. Turlock $82,517.00 AWARD CONTRACT FOR MUNICIPAL SERVICE CENTER ELECTRICAL STORAGE REMODEL, 1331 SOUTH HAM LANE RES. NO. 88-36 The City Council adopted Resolution No. 88-36 awarding the contract for Municipal Service Center Electrical Storage CC -12(c) Remodel, 1331 South Ham Lane to Diede Construction in the amount of $26,264.00 and appropriated an additional $9,000.00 from the Electric Utility outlay fund to complete the project. This project will convert two garage bays into truck parking and storage areas for Utility Department field crews. Material for a specific job will be stored here prior to its delivery to the job site. Plans and specifications for this project were approved on February 17, 1988. The City received the following five bids for this project: BIDDER LOCATION BID Diede Construction Woodbridge 26,264.00 Alan Askew Lodi 28,299.00 Don Hughes Construction Stockton 35,955.00 McDonald -Glenn Company Manteca 36,666.00 Neth Construction Stockton 37,107.00 VARIOUS SPECIFICATIONS APPROVED The City Council approved the following specifications and authorized the advertising for bids thereon: CC -12.1(b) A) Conventional Pole -Mounted Transformers B) Padmounted Transformers C) Wood Utility Poles VARIOUS PLANS AND SPECIFICATIONS APPROVED The City Council approved the following plans and specifications and authorized the advertising for bids CC -12.1(a) thereon. A) Softball Complex Fence Replacement, 401 North Stockton Street B) Orange Avenue/Mariposa Way Water Main and Lawrence Avenue Water Main, Main Street to Washington Street 3 n ' 390 Continued March 16, 1988 IMPROVEMENTS ACCEPTED AT 225 WEST LOCKEFORD STREET RES. NO. 88-37 The City Council adopted Resolution No. 88-37 - a resolution accepting the development improvements for 225 CC -46 West Lockeford Street. Council was apprised that improvements at 225 West Lockeford Street have been completed in substantial conformance with the requirements of the Development Agreement between the City of Lodi and Bennett and Compton, Inc., dated April 1, 1987, and as specifically set forth in the plans and specifications for the work. IMPROVEMENTS ACCEPTED UNDER CONTRACT FOR ELECTRIC SUBSTRUCTURES, RUTLEDGE DRIVE AND TURNER ROAD The City Council accepted the installation of electric substructures and directed the Electric Utility CC -90 Director to file a notice of completion with the County Recorder's office. The final contract price was $25,108.70. The difference ($1,214.70) between the contract amount and the final contract price is based on actual field measurements versus estimated values. Sufficient funding for this project was included in the 1987-88 fiscal year budget. Council was informed that, at the Council meeting of October 21, 1987, the City Council awarded the contract for installation of Electric Substructures, Lower Sacramento Road, Rutledge Drive and Turner Road to Richard A. Heaps Electrical Contractor, Inc. in the amount of $23,894.00. The installation of the substructures will enable the Electric Utility Department to reconstruct the underground direct -buried 12-kv distribution system in the area. The existing system, installed in 1968-69, is rapidly failing due to cable deterioration. As a result of the cable condition, this area has experienced numerous outages, with the outage rate continually increasing. RIGHT-OF-WAY AGREEMENT FOR 321 SOUTH HUTCHINS STREET APPROVED The City Council approved the Right -of -Entry Agreement for 321 South Hutchins Street and authorized the City Manager CC -90 and City Clerk to execute same for the City. CC -161 Council was reminded that in previous actions, the City Council approved the widening of the west side of Hutchins Street, approximately 400 feet south of Lodi Avenue. Professional appraisals were ordered and received in March of 1987. Since that time, the City has been negotiating with the owners of the two properties involved, but because of legal ties on one parcel and the busy schedules of the partners on the other one, the City has been unable to reach final agreement regarding the acquisition. The owners of the Milk Stop property have offered the City possession of the property on an interim basis with the understanding that negotiations will continue. The conditions of the right of entry are delineated in the agreement which is on file in the office of the City Clerk. It is Staff's recommendation that the City Council authorize the City Manager and City Clerk to execute the agreement for the City. Continued March 16, 1988 Staff also suggested the City Council may want to authorize the same for the Payless parcel immediately to the south, as City expects to have a right of entry from them in the near future. Council concurred with this suggestion. COMMENTS BY CITY COUNCIL MEMBERS MAYOR'S PRAYER BREAKFAST PROGRAM APPLAUDED Mayor Olson was congratulated on the Mayor's Prayer Breakfast Program by the Council. CALIFORNIA CONSERVATION CORPS THANKED FOR THE ASSISTANCE PROVIDED IN CLEANING UP AFTER THE FIRE AND EXPLOSION AT THE GOLDEN WOK RESTAURANT Assistant City Manager Glenn expressed the City's appreciation to the California Conservation Corps for the CC -9 assistance rendered in the cleaning up of the explosion and fire at the Golden Wok Restaurant. SMOG CONTROL CHECK Mayor Olson described the smog control check that will be administered to all cars in San Joaquin County at the time of registration during 1988. POLKA DAYS CONCERNS Council Member Pinkerton asked that letters be sent to the Festival Board and the organizers of "Polka Days" to see if CC -7(p) that event could be retained in Lodi. CC -16 COMMENTS BY THE PUBLIC ON NON AGENDA ITEMS QUESTIONS POSED BY CITIZEN JANET PRUSS Mrs. Janet Pruss, 2421 Diablo Court, Lodi, expressed concerns about (1) the short minutes of the City Council meeting of March 2, 1988 and (2) the fact that the Mayor asked the Staff to present some growth rate data after the discussion had been closed to the floor. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. PLANNING COMMISSION No meeting of the Planning Commission had been held since Council received its last report. COMMUNICATIONS (CITY CLERK) CLAIMS On recommendation of the City Attorney and L. J. Russo Insurance Services, Inc., the City's Contract CC -4(c) Administrator, Council, on motion of Council Member Hinchman, Reid second, denied the followed claim and referred it back to the City's Contract Administrator: a) Reyas Quintero, DOL 8/26/87 392 Continued March 16, 1988 ABC LICENSE APPLICATIONS The Deputy City Clerk presented the following applications for Alcoholic Beverage Licenses which had been received: CC -7(f) a) Ahmad A. Khalaf, Stop In Market, 420 East Kettleman Lane, Suite B-6, Lodi, Off Sale Beer and Wine, New License b) Michael Lee Pickett, Robert L. Pierce, Archie's Giant Hamburgers, 506 West Lodi Avenue, Lodi, On Sale Beer and Wine Eating Place, Original License c) Debra D. and Edward D. Sequeira, ARCO AM/PM Mini Market, 501 West Kettleman Lane, Lodi, Off Sale Beer and Wine, Person to Person Transfer d) Donald W. Lamson, Jack Pot Mini Market, 401 South Cherokee Lane, Lodi, Off Sale Beer and Wine, Person to Person Transfer KING VIDEOCABLE COMPANY ADVISES OF RATE INCREASE A letter was presented from King Videocable Company advising that effective April 1, 1988 it is increasing the CC -22(c) rate for its package that includes basic service plus two premium services. Further, the letter advises that on April 1, 1988 King Videocable will begin providing 35 channel service, with 30 channels provided on basic service. DEAN DEVINE RESIGNATION FROM PARKS AND RECREATION COMMISSION ANNOUNCED Following receipt of a letter advising of the resignation of Dean Devine from the Parks and Recreation Commission, CC -2(h) Council on motion of Council Member Hinchman, Snider second, directed the City Clerk to post for the subject vacancy. REGULAR CALENDAR PETITION RECEIVED FROM RESIDENTS IN AREA OF 1930 HOLLY DRIVE, LODI, OPPOSING THE NEW PROPOSED HOURS OF THE QUIK STOP MARKETS, INC. LOCATED AT THAT ADDRESS Council was reminded that, at its regular meeting of March 2, 1988, the City Council received a petition and letter CC -7(f) from residents in the vicinity of the Quik Stop Market, CC -16 1930 Holly Drive, in opposition to a proposal by the market CC -35 operators to keep the store open 24 hours per day. The City Council directed the staff to place this item on the agenda, with appropriate notification to the principles involved. Accordingly, the petition circulator, the market manager and officials at the Quik Stop Markets, Inc. headquarters in Fremont have been advised that this item would be placed on the agenda for this meeting. Community Development Director Schroeder reported that the Quik Stop Market under discussion has residential development on its north, east and south sides and General Mills to the west. The site was for many years occupied by a neighborhood automobile service station which operated during the daytime and early evening. 393 Continued March 16, 1988 Each time the market changes management (ownership) the neighbors become concerned about the establishment of a 24 hour operation near their residences. Thus far the staff has used friendly persuasion with the company's head office to control the hours. The homeowners and renters in this area want some permanent assurance that the store will keep reasonable hours. The homes in this area are shielded from General Mills by a high masonry wall along North Mills Avenue. Addressing the Council regarding the matter were LeRoy Hensley, 1931 Holly Drive, Lodi, who talked about noise, beer drinking and litter problems being encountered in the subject area. Mr. W. Roy Plattel, District Manager for Quik Stop Markets, Inc., proposed a compromise suggesting that the store hours be 7:00 a.m. to 11:00 p.m. Additional discussion followed with questions being directed to staff and to those who had given testimony, Council, on motion of Mayor Pro Tempore Snider, Hinchman second, Council determined that the Quik Stop hours of operation be limited from 7:00 a.m. to 11:00 p.m. REQUEST OF WINE AND ROSES COUNTRY INN, 2505 WEST TURNER ROAD, LODI FOR A ONE-YEAR EXTENSION TO COMPLETE OFF-SITE IMPROVEMENTS AT THAT LOCATION Council was apprised that the owners of Wine and Roses Country Inn, located on the northwest corner of West Turner CC -46 Road and Lower Sacramento Road, have completed building CC -51(a) improvements and are occupying the premises and operating a CC -176 bed and breakfast facility and restaurant. At the time of the issuance of the building permit, they executed a development agreement with the City of Lodi providing for the construction of certain off-site improvements including street paving, curb, gutter and sidewalk, sanitary sewer and storm drain. A bond they posted to guarantee the construction of these improvements expires June 17, 1988. Last December, they requested permission to occupy the premises though off-site improvements had not been constructed. We asked that this request be submitted in writing and they responded with a letter dated January 14, 1988, a copy of which was presented for Council's perusal. The staff response granted temporary occupancy with certain conditions. To date, the improvements have not been constructed, and the owners are now requesting an extension of one year to complete the project. Staff reviewed the chronology of this project and responded to questions as were posed by the Council. Speaking on behalf of the request was Mr. Del Smith of Wine and Roses Country Inn. A lengthy discussion followed with questions regarding the matter being directed to Staff and to Mr. Smith. On motion of Council Member Hinchman, Reid second, Council determined that the storm drainage, curb, gutter, and sidewalk and paving be installed at the present time and that water and sanitary sewer be extended at such time as the City calls for it. 394 Continued March 16, 1988 ITEM REMOVED FROM THE AGENDA On staff recommendation and Council concurrence, agenda item K-3 - "Consider amending the Lodi Housing CC -14(a) Rehabilitation Guidelines pertaining to the single-family CC -118 housing rehabilitation program to include a statement of no interest charges on deferred payment loans" was pulled from the agenda and continued to the Regular Council Meeting of April 6, 1988. HEARING SET TO RECEIVE PUBLIC INPUT CONCERNING THE CITY'S OBLIGATION FOR HANDICAPPED ACCESS TO PUBLIC BUILDINGS Following review of the City Hall handicapped accessibility project and discussion, Council, on motion of Mayor Pro CC -14(a) Tempore Snider, Hinchman second, set hearings at noon and CC -118 7:30 p.m. Tuesday, April 26, 1988 in the Community Room of the Lodi Public Library for public input concerning the City's obligation for handicapped access to public buildings. AGENDA ITEM REGARDING FUEL ADDER CONTINUED Council Member Pinkerton asked that the discussion of the Fuel Adder be continued until such time as he could discuss CC -51(d) the matter with the Electric Utility Director. CLOSED SESSION The City Council met in "Closed Session" regarding property acquisition at 107 - 109 North School Street, Lodi, and a CC -27(a) personnel matter. CC -161 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 10:00 p.m. ATTEST: ALICE M. REIMCHE City Clerk By. (� n J JJAME�-S�CKOEDER Deputy City Clerk