HomeMy WebLinkAboutMinutes - April 19, 1989 (5)CLAIMS CC -21(a) Claims were approved in the amount of $1,356,111.28.
MINUTES No minutes were presented for approval.
SPECIFICATIONS
FOR THE PURCHASE
OF CLASS 2 AND
CLASS 3 WOOD
UTILITY POLES
APPROVED The City Council approved the specifications for the
purchase of twenty-one (21) Class 3 and seven (7) Class 2
CC -12.1(c) wood utility poles and authorized advertising for bids.
The City Council was advised that the bid opening date has
been set for Wednesday, May 3, 1989.
Poles in seven lengths are included in this bid:
1
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
WEDNESDAY, APRIL 19, 1989
7:30 P.M.
ROLL CALL
Present: Council Members - Hinchman, Olson, Reid,
Pinkerton and Snider (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City
Manager Glenn, Community Development
Director Schroeder, Public Works Director
Ronsko, City Attorney McNatt, and Deputy
City Clerk Johnson
INVOCATION
The invocation was given by Pastor Loren G. Stacy, Church
of God -Seventh Day
PLEDGE OF
The Pledge of Allegiance was led by Mayor Snider.
ALLEGIANCE
PRESENTATIONS
PROCLAMATIONS
Mayor Snider presented the following proclamations:
CC -37
a) "Reading is Fundamental Week"
b) "Water Awareness Week"
MAYOR PRO TEMPORE
HINCHMAN INTRODUCES
FAMILY MEMBERS IN
AUDIENCE
Mayor Pro Tempore Hinchman introduced his sister and
brother-in-law, Mr. and Mrs. Bob Landers who were visiting
from Irvine, California.
CONSENT CALENDAR
In accordance with report and recommendation of the City
Manager, Council, on motion of Council Member Reid,
Hinchman second, approved the following items hereinafter
set forth with the exception of agenda item E-7 - "Approve
retaining E&V Construction Services for construction
management of City Hall Expansion Project", which was
removed from the Agenda.
Mayor Snider asked to abstain from discussion and voting on
agenda item E-10 "Accept improvements for Parkview Terrace,
located at the northeast corner of Lower Sacramento Road
and Lodi Avenue" because of a possible conflict of interest.
CLAIMS CC -21(a) Claims were approved in the amount of $1,356,111.28.
MINUTES No minutes were presented for approval.
SPECIFICATIONS
FOR THE PURCHASE
OF CLASS 2 AND
CLASS 3 WOOD
UTILITY POLES
APPROVED The City Council approved the specifications for the
purchase of twenty-one (21) Class 3 and seven (7) Class 2
CC -12.1(c) wood utility poles and authorized advertising for bids.
The City Council was advised that the bid opening date has
been set for Wednesday, May 3, 1989.
Poles in seven lengths are included in this bid:
1
337 -
Continued April 19, 1989 Z
Class 3 Class 2
10 ea 45 -foot 2 ea 75 -foot
10 ea 55 -foot 2 ea 80 -foot
1 ea 70 -foot 2 ea 85 -foot
1 ea 90 -foot
The Class 3 poles will be purchased to support the electric
Utility Department's ongoing maintenance program of
replacing damaged or deteriorated poles currently in
service. The Class 2 poles are being purchased to meet the
Utility Department's revised minimum inventory standards.
The estimated cost of this purchase is $16,000, with
delivery expected about six weeks after placement of
order. Funding is available in the Electric Utility
Department's operating fund.
AWARD PURCHASE OF
ONE UTILITY VAN
BODY TRUCK
RES. NO. 89-40 The City Council adopted Resolution No. 89-40 awarding the
bid for one utility van body truck to the low bidder Pac
CC -12(d) Power, Inc., Dixon, CA, in the amount $30,607.50.
CC -300
The City Council was reminded that on March 15, 1989, the
City Council approved specifications and authorized
advertisement for bids on this item. Bids were opened on
April 7, 1989 with the following results:
Pac Power, Inc. Dixon, CA $30,607.50
Sanborn Chevrolet Lodi, CA 30,919,08
(* Bid exception to several items)
This unit is for replacement of existing truck #27 used by
the troubleshooting/service call section of the Electric
Utility Department.
Funding for this purchase ($30,000) was included in the
1988-89 fiscal year budget, as well as funding for two line
trucks. The line trucks have been bid and awarded at a
price of $7,790.30 below budgeted amount. It is
recommended that the $607.50 deficiency in budgeted funding
for this specific purchase be offset by utilizing necessary
remaining funds from the line truck purchase.
It should be noted that some specialized tools were
included as "Optional Items" with the bid. However, due to
the actual bid price of this unit, none of these optional
tools are recommended for purchase at this time.
AWARD CONTRACT
FOR STREET
IMPROVEMENTS,
GUILD AVENUE
(LODI AVENUE TO
PINE STREET) AND
LODI AVENUE (680
FEET EAST OF CLUFF
AVENUE TO GUILD
AVENUE)
RES. NO. 89-41 The City Council adopted Resolution No. 89-41 authorizing
the City Manager to award the contract for Street
CC -12(a) Improvements, Guild Avenue (Lodi Avenue to Pine Street) and
CC -300 Lodi Avenue (680 Feet east of Cluff Avenue to Guild Avenue)
338
Continued April 19, 1989
to Claude C. Wood Company in the amount of $111,478.50 and
appropriated an additional $75,000 from the Gas Tax (32.0)
Fund to complete the project.
The City Council was advised that this project will be done
in conjunction with the development of Griffin Industrial
Park. The City is responsible for the street improvements
on the south half of Lodi Avenue and the east half of Guild
Avenue. The Griffin Industrial Park developers are
studying their financing to determine whether or not they
will go ahead with their project. If they decide to
proceed with the project, the City Manager will award this
street improvement contract. Claude C. Wood Company has
indicated they will hold their price at least for another
month.
When this City project was budgeted, it was anticipated
that Griffin Industrial Park would be constructed in two
phases. Additional funds were to be budgeted when the
second phase was developed. Because the Griffin Industrial
Park developers are considering the construction of the
entire subdivision at this time, additional funds are
needed now. It is recommended that an additional $75,000
be appropriated from the 32.0 Fund if the contract is
awarded.
Plans and specifications for this project were approved on
March 1, 1989. The City received the following three bids
The contract completion date was January 29, 1989 and the
actual completion date was March 25, 1989. The delay in
completing the project was due to the City placing a
"Temporary Suspension of Work" until the weather was more
conducive to the application of paint on traffic stripes.
The final contract price was $15,047.20. The difference
between the contract amount and the final contract price is
mainly due to exact measurements taken by the contractor of
all lane lines painted.
ITEM REMOVED FROM
AGENDA - AGENDA
ITEM E-7 Agenda item E-7 "Approve Retaining E&V Construction
Services for Construction Management of City Hall Expansion
Project" was removed from the agenda.
for this project:
Bidder Location Bid
Engineer's Estimate $117,460.00
Claude C. Wood Company Lodi $111,478.50
Granite Construction Stockton $116,984.00
Teichert Construction Stockton $128,576.00
IMPROVEMENTS UNDER
LANE LINE PAINTING
VARIOUS STREETS,
1988, CONTRACT
ACCEPTED
The City Council accepted the improvements for "Lane Line
Painting, Various Streets, 1988", and directed the Public
CC -90
Works Director to file a Notice of Completion with the
County Recorder.'s office.
The City Council was advised that the contract was awarded
to Central Striping Service, Inc., Rancho Cordova, on
December 21, 1988, in the amount of $14,990.20. The
contract has been completed in substantial conformance with
the plans and specifications approved by the City Council.
The contract completion date was January 29, 1989 and the
actual completion date was March 25, 1989. The delay in
completing the project was due to the City placing a
"Temporary Suspension of Work" until the weather was more
conducive to the application of paint on traffic stripes.
The final contract price was $15,047.20. The difference
between the contract amount and the final contract price is
mainly due to exact measurements taken by the contractor of
all lane lines painted.
ITEM REMOVED FROM
AGENDA - AGENDA
ITEM E-7 Agenda item E-7 "Approve Retaining E&V Construction
Services for Construction Management of City Hall Expansion
Project" was removed from the agenda.
Continued April 19, 1989
FINAL MAP AND
SUBDIVISION
AGREEMENT FOR
CENTURY PLACE,
LOCATED AT THE
NORTHWEST CORNER
OF CHEROKEE LANE
AND CENTURY BOULEVARD
APPROVED The City Council approved the
and directed the City Manager
CC -46 Subdivision Agreement and map
339
final map for Century Place
and City Clerk to execute the
on behalf of the City.
The City Council was advised that Conejo Builders, the
developer of this subdivision, has furnished the City with
the improvement plans, the necessary agreements,
guarantees, insurance certificates and fees for the
proposed subdivision.
The subdivision is located at the northwest corner of
Cherokee Lane and Century Boulevard and contains a total of
35 single-family lots.
PURCHASE AGREEMENT
FOR 321 SOUTH
HUTCHINS STREET
APPROVED The City Council approved the purchase agreement for 321
South Hutchins Street and authorized the City Manager and
CC -27(a) City Clerk to execute the agreement.
The City Council was advised that the reconstruction of
Hutchins Street, from Lodi Avenue to Tokay Street, is
budgeted in this fiscal year. To accommodate the minor
widening south of Lodi Avenue, it was necessary to acquire
property from two parcels. Approximately one year ago, the
right -of -entry agreements were signed by both property
owners. The owners of the Milk Stop property at 321 South
Hutchins Street have now signed the purchase agreement and
the deed for this acquisition. Under the agreement, the
property owners will be paid $7,179 and the City will be
responsible for the relocation of an existing sign and
faucet.
IMPROVEMENTS FOR
PARKVIEW TERRACE,
LOCATED AT THE
NORTHEAST CORNER
OF LOWER SACRAMENTO
ROAD AND LODI AVENUE
ACCEPTED
RES. NO. 89-42 The City Council adopted Resolution No. 89-42 accepting the
subdivision improvements included in Parkview Terrace,
CC -46 Tract #2166, which map was filed on February 10, 1988, in
CC -300 Volume 28, Page 75, Book of Maps and Plats, San Joaquin
County Records.
Improvements in Parkview Terrace have been completed in
substantial conformance with the requirements of the
Subdivision Agreement and Addendum between the City of Lodi
and Charles A. Wentland & Associates dated January 26,
1988, and as specifically set forth in the plans and
specifications approved by the City Council.
The streets to be accepted are as follows:
340
Continued April 19, 1989
In August 1986, Claude C. Wood Company was notified that
work on the paving stones at a few locations needed to be
done immediately and some should wait until late in the
warranty period. This letter indicated an acceptable
amount of settlement was 1/2". This was based on ride
quality and some allowance for future settlement. As a
point of reference, the City's sidewalk maintenance policy
states that vertical offsets of less than 3/4" need not be
patched. The work called for in the August 1986 letter was
completed in late 1987.
City staff has recently examined all the paving stone
installations. It was noted that, in most cases,
Streets Length in Miles
Lodi Avenue 0.00
Lower Sacramento Road 0.00
TOTAL NEW MILES OF CITY STREETS 0.00
Mayor John R. (Randy) Snider abstained from discussion and
voting on this matter, because of a possible conflict of
interest.
PROPOSED CLAIMS
PROCEDURE FOR CITY
OF LODI PROJECTS
APPROVED
The City Council approved the proposed claims procedure
for City of Lodi projects and directed that it be used in
CC -6
all specifications for City of Lodi projects.
CC -12(a)
CC -12.1(c)
The Department of Transportation which administers the FAU
funds has required local agencies to have their own
contractors' claim procedure. The reason that Caltrans
requires this is that if local agencies do not have a
contractors' claim procedure, they would be required to
follow the standard specifications of the Department of
Transportation which allow all claims to go to arbitration.
The City's existing claims statement in the specifications
is very brief and does not spell out the procedure for
settlement of claims. This new policy does. The proposed
claim procedure has been submitted to Caltrans and has been
approved.
REPORT ON PAVING
STONES IN DOWNTOWN
AREA
The City Council was apprised that the Public Works
Department is in the process of performing the final check
CC -10(e)
of the downtown paving stones installed as part of the
CC -13
United Downtown Improvement District (UDID) project. The
stones were installed in 1984 and the specifications
included a requirement for a five-year warranty bond in the
amount of $42,000. The bond was provided by Reliance
Insurance Company for the paving stone subcontractor,
Mumbert Pipe Co. Inc., dba Specialty Paving System. The
warranty, which will expire on August 10, .1989, states
that: "...the installed paving stones will remain intact
and free from settlement, breakage and uplifting". Neither
the warranty nor the specifications included:any specific
limits on settlement.
In September 1985, the City notified the prime contractor,
Claude C. Wood Company, that some concrete and paving work
needed to be corrected and that some of the paving stones
had settled; however, a decision as to what should be done
with the paving stones was deferred.
In August 1986, Claude C. Wood Company was notified that
work on the paving stones at a few locations needed to be
done immediately and some should wait until late in the
warranty period. This letter indicated an acceptable
amount of settlement was 1/2". This was based on ride
quality and some allowance for future settlement. As a
point of reference, the City's sidewalk maintenance policy
states that vertical offsets of less than 3/4" need not be
patched. The work called for in the August 1986 letter was
completed in late 1987.
City staff has recently examined all the paving stone
installations. It was noted that, in most cases,
341
Continued April 19, 1989
settlements were not significantly higher than in 1986.
The defects found are listed below and referenced on a key
map presented for Council's perusal.
A. Pine/Sacramento, west crosswalk - 1/2" to 1"+
settlement
B. Pine/Sacramento, northeast corner - 1/2" settlement at
curb near signal
C. Pine/Church, north crosswalk - 1/2" settlement in wheel
path
D. Pine/Church inside fillet at 3 corners - 1/2"
settlement
E. East side of School, alley north of Elm - settlement is
uniform but water valve riser is now above the
stones
F. Elm/School, east crosswalk - 1/2" to 5/8" settlement
G. Elm/School, south crosswalk - minor settlement less
than 1/2"
H. East side of School, alley north of Pine - 1/2"+
settlement at curb & back of alley approach
I. Pine/School, west crosswalk - two broken/chipped stones
J. Pine/School, south crosswalk - 5/8" to 1" wheel path
settlement
K. Pine/School, northeast corner - 1/2"+ settlement
L. Pine/School, east crosswalk - less than 1/2" wheel path
settlement
M. Oak/School - east, south & west crosswalks - 1/2" to 1"
wheel path & general settlement
N. Walnut/School, east & west crosswalks - 1/2" to 5/8"
settlements, broken stone
0. Walnut/School, southeast corner - raised/settled
stones, some due to previous repair
P. East side of School, alley north of Lodi - 3/4" to 1"
settlement
Q. Lodi/School, northeast corner - less than 1/2"
settlement
R. Lodi/School, northwest corner - 3/4" settlement at
curb, 3/4" wheel path settlement
There are many minor defects which may present an
appearance problem, but are not a safety or maintenance
problem. Given the nature of paving stones and the chance
that repairs may not appreciably improve the existing
condition, it is recommended the number of repairs be
minimized. Not all the defects listed will require
repair. Other areas, such as the alley approach on the
west side of School Street north of Elm, look very bad.
However, the problem is due to the poor sidewalk, curb, and
alley paving which was not replaced as part of the Downtown
project due to cost considerations.
6
342
Continued April 19, 1989
All the defects listed will be evaluated as to degree of
hazard, ride quality, and appearance. A list of
recommended repairs will be developed and presented to the
City Council in May 1989.
COMMENTS BY CITY
COUNCIL MEMBERS The following comments were received under the "Comments by
City Council Members" segment of the agenda:
UPDATE ON RECENT
COMMUNITY SERVICES
CONFERENCE Council Member Olson gave a report on a recent
League of California Cities Community Services Conference
which she attended in Monterey.
REMINDER OF CITY-WIDE
CLEAN-UP WEEK Council Member Hinchman reminded the citizens of Lodi of
the City -Wide Clean -Up Week April 24 to 28, 1989 and
thanked Sanitary City Disposal Company, Inc. for the cards
that were mailed reminding the public about Clean-up
Week.
TRANSPORTATION
PROVIDED TO AND
FROM THE ASPARAGUS
FESTIVAL BEING HELD
IN STOCKTON Mayor Snider announced that there would be transportation
to and from the Asparagus Festival being held in Stockton
April 22 to 23, 1989. The departure point is the Beckman
Ranch Shopping Center.
LETTER RECEIVED
FROM CONCERNED
CITIZEN REGARDING
DISTURBANCES IN THE
VICINITY OF HUTCHINS
STREET SQUARE Mayor Snider announced that he had received a copy of a
letter from a concerned citizen regarding a disturbance in
CC -16 the vicinity of Hutchins Street Square. The matter was
referred to staff.
PETER MELTON RESIGNS
FROM LODI NEWS
SENTINEL City Manager Peterson announced the leaving of Peter
Melton from the Lodi News Sentinel. Peter will be working
for the Fresno Bee.
COMMENTS BY THE
PUBLIC ON NON
AGENDA ITEMS The following comments were received under the "Comments by
the public on non -agenda items" segment of the agenda:
CITIZENS POSES
QUESTION REGARDING
CITY'S STREET
SWEEPING PROGRAM Evelyn Thomas, 2535 Cottonwood Drive, Lodi, requested
information regarding the City's street sweeping program.
Public Works Director Ronsko responded to the question.
7
343
Continued April 19, 1989
PUBLIC HEARINGS
PUBLIC HEARING
REGARDING WEED
ABATEMENT PROCEEDINGS
INVOLVING VARIOUS
PARCELS WITHIN THE
CITY OF LODI TO
ALLOW PROPERTY OWNERS
HAVING OBJECTIONS TO
THE PROPOSED REMOVAL
OF WEEDS TO BE HEARD
AND GIVEN DUE
CONSIDERATION
RES. NO. 89-43 Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -24(b) the City Clerk, Mayor Snider called for the Public Hearing
CC -300 to consider weed abatement proceedings involving various
parcels within the City of Lodi to allow property owners
having objections to the proposed removal of weeds to be
heard and given due consideration.
The City Council was reminded that at its meeting of March
22, 1989 the City Council adopted Resolution No. 89-28 -
Resolution Declaring Weeds A Public Nuisance and Initiating
Abatement Proceedings - Various Parcels, Lodi, California.
Pursuant to State of California Government Code Section
39500 et seq., a Notice to Destroy Weeds and Remove
Rubbish, Refuse, and Dirt, was published, mailed under
Declaration of Mailing to each of the involved property
owners, and posted on the subject properties as determined
by the City Attorney and the Fire Inspector. The purpose
of this public hearing is for all property owners having
any objections to the proposed abatement to be heard and
given due consideration.
The City has been advised by the Fire Department that since
the adoption of Resolution No. 89-28 numerous property
owners have abated the weeds on their property. A list of
property owners who had not abated their weeds was
presented for the City Council's review.
There being no persons in the audience wishing to address
the City Council on the matter, the public portion of the
hearing was closed.
Following discussion, on motion of Mayor Pro Tempore
Hinchman, Olson second, the City Council adopted Resolution
No. 89-43 entitled "Resolution Overruling Objections and
Proceeding with Abatement".
PLANNING COMMISSION City Manager Peterson presented the following Planning
REPORT Commission Report of the Planning Commission Meeting of
April 3, 1989
CC -35 The Planning Commission -
OF INTEREST TO THE CITY COUNCIL
1. Conditionally approved the Tentative Subdivision Map
(89 S 003) for a one lot office condominium at 1330
South Ham Lane as requested by Baumbach and Piazza
Consulting Engineers on behalf of Harry Ilgenfritz; and
certified the filing of a Negative Declaration by the
Community Development Director as adequate
environmental documentation on this project.
344
Continued April 19, 1989
2. Conditionally approved a Lot Line Adjustment between
531 and 601 West Kettleman Lane in an area zoned R -C -P,
Residential -Commercial -Professional and between 531
West Kettleman Lane and 522 Rimby Avenue in an area
zoned R-2, Single -Family Residential as requested by
Dillon Engineering on behalf of Tony Canton.
3. Conditionally approved the following request of the
City of Lodi Electrical Utility Department:
a. extended the Temporary Use Permit for a mobile
office at 1331 South Ham Lane (Municipal Service
Center) so that the expiration date will coincide
with that of Use Permit U-89-06, a second mobile
office at the same site; and
b. conditionally approved the Temporary Use Permit for
a second mobile office at 1331 South Ham Lane
(Municipal Service Center).
4. Determined that a Zoning Hardship existed and approved
the request of Peter and Barbara Krengel for a Zoning
Variance to reduce the required rear yard from 10 feet
to five feet to permit the addition of a garage,
bedroom and bathroom at 514 West Locust Street in an
area zoned R-1*, Single -Family Residential (Eastside).
5. Determined that a Zoning Hardship existed and approved
the request of E.A. Gooden for a Zoning Variance to
reduce the required lot width for a duplex from 60 feet
to 50 feet to permit the erection of a second unit at
437 Louie Avenue in an area zoned R-2, Single -Family
Residential.
6. Determined that a Zoning Hardship existed and approved
the request of Jose S. Pericao for a Zoning Variance to
reduce the required rear yard from 10 feet to five feet
to allow a laundry room addition to a dwelling with a
non -conforming rear year at 219 North Garfield Street
in an area zoned R-1*, Single -Family
Residential (Eastside).
City Manager Peterson presented the following report of the
Planning Commission Meeting of April 10, 1989:
The Planning Commission -
OF INTEREST TO THE CITY COUNCIL
1. Conditionally approved the request of Randall Heinitz
for a parcel map to create three lots from two parcels
at 60 and 70 North Lower Sacramento Road in an area
zoned R-1, Residential Single -Family.
2. Conditionally approved the request of Glen I. Baumbach
on behalf of Dr. Chris Keszler for a revised tentative
subdivision map (second revision) for Sunwest Unit No.
9, a 3.7 acre 12 -lot single-family subdivision located
at the southeast corner of Lower Sacramento Road and
St. Moritz Drive in an area zoned PD -25, Planned
Development District No. 25.
3. Conditionally approved the request of Glen I Baumbach
on behalf of Dr. Chris Keszler to approve a revised
tentative subdivision map for Sunwest Unit No. 10, a
6.6 acre, 24 -lot single-family subdivision located at
the northeast corner of Lower Sacramento Road and St.
Moritz Drive in an area zoned PD -25, Planned
Development District No. 25.
345
Continued April 19, 1989
COMMUNICATIONS
(CITY CLERK)
ABC LICENSE
APPLICATIONS Deputy City Clerk Johnson presented the following
applications which had been received for Alcoholic Beverage
CC -7(f) Licenses:
1) It prohibits the selling of any merchandise on a public
street or sidewalk for longer than ten minutes at a
single location. By requiring vendors to move, it
avoids a specific location becoming "institutionalized"
in the minds of passing motorists as a place to stop at
the curb and do business.
2) It prohibits any street vendor from operating at any
location where it will create a traffic hazard; and
3) It prohibits vending within three hundred feet of a
school ground when school is in session, or within one
hundred feet of any intersection controlled by a
traffic light or four way stop sign.
At the Council's direction, the proposed ordinance was sent
to the Lodi Downtown Business Association and the Lodi
District Chamber of Commerce for review and input. The
only response received was a suggestion by the Chamber that
the time limit of 4:00 p.m. be deleted from proposed
Section 9.20.030. the statute as modified would then
prohibit sales by peddlers or vendors within . three
hundred feet of any school grounds . on any day when
school is in session ..." From a legal standpoint, I have
no concerns with this modification.
The introduction of this ordinance will provide a tool for
the Community Development Department, which has regularly
experienced instances involving sales of merchandise from
street corners, usually at traffic -controlled intersections.
On motion of Council Member Olson, Hinchman second, the
City Council, by unanimous vote, introduced Ordinance No.
1454 entitled "An Ordinance of the Lodi 'City Council
Amending the Lodi Municipal Code by Adding Thereto Chapter
10
a) Barry A. Jacobs, Jacobs Concessions, 333 North
Washington Street, Lodi, On Sale Beer License, Original
License
b) Barry A. Jacobs, Jacobs Concessions, 401 North Stockton
Street, Lodi, On Sale Beer License, Original License
PUC APPLICATION
Deputy City Clerk Johnson presented the application of
Intrastate Radio Telephone, Inc. of San Francisco for a
CC -7(f)
Certificate of Public Convenience and Necessity pursuant to
Section 1001 of the Public Utilities Code, to construct and
operate additional radio telephone utility facilities.
REGULAR CALENDAR
ORDINANCE REGULATING
SIDEWALK PEDDLERS/
VENDORS INTRODUCED
ORD. NO. 1454
The City Council was reminded that at the Shirtsleeve
meeting of January 31, 1989, the Council initially
CC -6
considered the draft of a proposed ordinance addressing
CC -45(e)
sidewalk/street vendors and peddlers. The proposed
CC -149
ordinance has three facets:
1) It prohibits the selling of any merchandise on a public
street or sidewalk for longer than ten minutes at a
single location. By requiring vendors to move, it
avoids a specific location becoming "institutionalized"
in the minds of passing motorists as a place to stop at
the curb and do business.
2) It prohibits any street vendor from operating at any
location where it will create a traffic hazard; and
3) It prohibits vending within three hundred feet of a
school ground when school is in session, or within one
hundred feet of any intersection controlled by a
traffic light or four way stop sign.
At the Council's direction, the proposed ordinance was sent
to the Lodi Downtown Business Association and the Lodi
District Chamber of Commerce for review and input. The
only response received was a suggestion by the Chamber that
the time limit of 4:00 p.m. be deleted from proposed
Section 9.20.030. the statute as modified would then
prohibit sales by peddlers or vendors within . three
hundred feet of any school grounds . on any day when
school is in session ..." From a legal standpoint, I have
no concerns with this modification.
The introduction of this ordinance will provide a tool for
the Community Development Department, which has regularly
experienced instances involving sales of merchandise from
street corners, usually at traffic -controlled intersections.
On motion of Council Member Olson, Hinchman second, the
City Council, by unanimous vote, introduced Ordinance No.
1454 entitled "An Ordinance of the Lodi 'City Council
Amending the Lodi Municipal Code by Adding Thereto Chapter
10
UP
Continued April 19, 1989
9.20 Regulating Peddlers', Vendors', or Itinerant
Merchants' Activities on Public Streets and Sidewalks".
REPORT REGARDING
WHEELCHAIR LIFT
DIAL -A -RIDE EQUIPMENT
FOR CITY OF LODI
RES. N0, 89-47 The City Council was advised that COG has determined the
City of Lodi has an unmet transit need - a wheelchair
CC -50(b) equipped vehicle. Patrons using the Dial -A -Ride program
CC -300 are experiencing delays longer than should be necessary.
This condition can partially be solved by adding additional
vehicles. By purchasing a vehicle with a wheelchair lift
both objectives can be achieved - the handicapped can be
served and an additional vehicle can be added to the fleet.
The City can fund this vehicle using TDA funds; however,
Staff must submit a revised claim. There will be
unexpended budgeted funds for 1988-89, plus approximately
$40,000 of additional unanticipated funds which will be
available at year's end. The revised claim is for $40,000
of which $5,305 is for the cost of vehicles purchased this
year over what was budgeted. The remainder is to be used
to purchase a wheelchair equipped van, a radio, and the
necessary work to place the vehicle in service. Any
unexpended funds will be available for Dial -A -Ride
activities next year. Therefore, there is no downside in
over appropriating funds.
11
City staff, City Cab Company staff and COG staff are
working together to determine the most cost effective
equipment available. Council is requested to authorize the
Purchasing Agent to purchase a new or used vehicle with a
wheelchair lift that will allow the City of meet its unmet
transit need and to carry additional patrons.
On motion of Council Member Hinchman, Reid second, the City
Council approved the revised claim for use of TDA funds to
purchase additional equipment for the Dial -A -Ride program
and authorize the Purchasing Agent to procure the most
appropriate wheelchair equipped vehicle.
ADDITIONAL ENGINEERING
POSITION REQUIRED
IN
CONJUNCTION WITH
WATER SYSTEM UPGRADING
APPROVED
RES. NO. 89-44
The City Council was advised that during 1988 the City
Council and staff reviewed various water system
CC -34
improvements and financing methods. A determination was
CC -300
made that rather than borrow money, the City would adopt a
somewhat scaled down improvement program and accomplish the
work over a longer period of time and "pay as you go".
Water rates were increased to provide the necessary funds.
The planned work includes $276,000 for elimination of dead
end lines, meter installations, and lead service
replacement, along with a service truck and tools. Two
Maintenance Workers have been added to the Water Division
to assist in accomplishing this work. It is planned that
these positions will not be replaced in the future as other
positions are vacated.
Present plans from now through June 1990 include the
following work requiring significant in-house engineering:
modification of seven wells due to age and drought
conditions;
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347
Continued April 19, 1989
completion of three well projects already underway
(Wells 4, 22 and 23);
construction of four new well sites;
installation of eight standby generators;
prioritizing and preliminary engineering for general
water system improvements; and
construction of approximately $133,000 of new water
mains.
Future years will include construction of approximately $3
million worth of new water mains and one additional well
plus more wells to accommodate future growth. We have also
found that more engineering support is needed in the
operation and maintenance of the water system.
This is all engineering work the City has traditionally
done in-house and, in fact, has developed considerable
expertise. We can accomplish this work in-house, however,
the time commitment will mean that practically no work
would be done on the street, storm, sewer, and parks
capital improvement programs. The additional engineer will
handle much of this work and allow cross -training and more
workload flexibility. The cost of the new position will be
mainly absorbed by the various Capital Improvement Funds.
The newly adopted water rates anticipated the necessary
engineering work and will support this program.
The City must fill this position with someone who has some
design experience. It is recommended that this position be
filled at the level of Assistant or Associate Civil
Engineer. Based on a $4 million water system improvement
program, there is approximately five years of engineering
to be accomplished.
Therefore, it was recommended that an additional engineer
position be approved on the same basis as the maintenance
positions - that after the water system upgrade program is
completed, the position will be lost through attrition or,
if appropriate, brought back to the Council for reapproval.
Discussion followed with questions being directed to staff
regarding the matter.
On motion of Council Member Hinchman, Reid second, Council
adopted Resolution No. 89-44 approving an additional
engineer position in conjunction with the water system
upgrading with an addendum that the position be terminated
not later than June 30, 1996. The motion carried by the
following vote:
Ayes: Council Members - Hinchman, Olson, Reid and
Snider (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
RESOLUTION ADOPTED
REGARDING "NO SMOKING"
IN CARNEGIE FORUM
RES. NO. 89-45 The City Council was advised that the existing City Council
Chambers have for several years been designated as a "No
12
348
Continued April 19, 1989
CC -6
Smoking" area. In fact, cigarette smoking in City Hall is,
CC -14(a)
almost without exception, done only in the second floor
CC -28(b)
lobby area and a portion of the employee lounge in the
CC -300
basement. If the City Council is in agreement that this
new facility (the Carnegie Forum) should be so designated,
staff would appreciate that decision now so that ample time
may be allotted to the ordering, delivery and placement of
the appropriate signs. At this time, it is estimated the
building will be ready for occupancy in late June. We have
had requests from employees working in City Hall to
implement a policy which addresses smoking in the City Hall
building. At this time we do not have a response to those
requests, but it is being discussed at the department head
level. We will ultimately be bringing to the City Council
either a resolution or an ordinance which will address the
issue of smoking in all City -owned facilities. It is not
the intent to include park buildings and the public areas
at Hutchins Street Square since these facilities have been
designed and built primarily for public use. Rather, the
intent is to achieve a relatively smoke-free work place for
City employees and to not apply this policy to the public
at large except when they are in such work places.
Following discussion on motion of Mayor Pro Tempore
Hinchman, Reid second, the City Council by the following
vote adopted Resolution No. 89-45 entitled "A Resolution of
the Lodi City Council Declaring the Carnegie Forum Building
to be a Smoke-free Facility".
Ayes: Council Members - Hinchman, Olson, Reid and
Snider (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
RECESS
Mayor Snider declared a five-minute recess and the City
Council reconvened at approximately 8:40 p.m.
AUTHORIZE PURCHASE
OF SCENIC OVERLOOK
SITE
RES. NO. 89-46
The City Council was advised that in 1982, a decision was
made by the City Council to dispose of a parcel of surplus
CC -24(b)
City property, generally located on the south bank of the
CC -27(a)
Mokelumne River east of the Southern Pacific Railroad
CC -300
tracks and at the north end of Awani Drive. The site,
commonly referred to as the "Scenic Overlook" parcel had
been previously used since 1935 as a City landfill.
The public notice and request for bids clearly identified
the site as a former landfill and disclaimed any "
guarantee as to the soil conditions which may limit the
feasibility of building on the property, as the areas (sic)
has been used as City landfill for many years ..." It was
assumed that the primary problem (as with other landfill
sites) would be methane gas generated by the buried waste
material.
The successful bidder for the land was Arnaiz Development
Company of Stockton which purchased the site in late 1982
and began preparation for development as residential
property. In 1988, the property (still undeveloped) was
sold by Arnaiz to Pintail Development/Dannor Corporation of
Stockton which continued to move forward with plans for
residential development. A tentative map was approved in
late 1988, subject to a Planning Commission condition that
a Solid Waste Assessment Test (SWAT) be conducted and
13
349
Continued April 19, 1989
approval received from involved State and County agencies,
including the Regional Water Quality.Control Board and
appropriate health agencies.
Unfortunately, elevated levels of lead and other heavy
metals were found onsite by the soils engineering firm
retained by the developer. This fact was disclosed to the
Regional Water Quality Board staff, which then notified the
State Department of Health Services. Neither agency will
now approve the site for development, effectively halting
any plans until the site is cleaned up or declared safe.
You may recall that the Department of Health Services
recently declared that due to budget restrictions, it had
insufficient staff to conduct even routine activities such
as answering telephones or responding to mail. These
agencies have not told us what they would approve, but have
simply affirmed that they will give no approval until
something is done which meets with their approval.
Just prior to the City's sale of the land, the Federal
government adopted the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), 42 USC Section
9601 et seq. Although the disclaimer in the City's request
for bids might otherwise have transferred the risk and
responsibility for cleanup to the buyer, CERCLA in essence
makes responsibility for cleanup of hazardous or toxic
substances the responsibility of the party who placed it on
the land, whether or not that party still owns the land (42
USC Section 9607(a)). According to research, recent court
decisions have interpreted CERCLA in such a fashion that
even some hold harmless agreements have not been effective
to shield prior owners from liability. This responsibility
for cleanup has been applied to municipalities which own or
previously owned the site involved (New York v. Cit of
Oster Bay 696 F.Supp. 841). It was not foreseeab a at
the time of sale that CERCLA would be applied and
interpreted in the fashion it has over the intervening
seven years, and in hindsight, the City would have been
better off retaining the land.
The problem which now exists is that the developer cannot
get approval from all necessary agencies to proceed with
construction although it has already expended substantial
sums of money. Pintail has pointed out that it may be
forced by financial considerations to bring suit against
the City to compel cleanup of the site, utilizing CERCLA
and other State statutes such as the Porter -Cologne Act.
While I do not speculate on the owner's chances of success
in such litigation, if it did succeed, the City could be
responsible not only for the cleanup costs, but possibly
for inverse condemnation damages for loss of use of the
property, until it is declared safe for development. The
estimated costs of cleanup (which at present are very
speculative) range from about $1.5 million for in place
treatment, to more than $24 million for hauling away all of
the soil presently on the landfill, and replacing it with
clean soil. Even if the cleanup was done immediately, the
property would still belong to Pintail, which would then be
free to continue with development plans, and the City would
simply be out its costs with nothing else to show for it.
After extensive study and discussion among staff, the most
practical option appears to be a repurchase agreement to
which the present owner has indicated it is amenable.
Pintail has indicated it is willing to sell the property
back for the amount of out-of-pocket costs it has already
invested, with no profit or markup included. Documentation
has been provided showing more than $392,000 expended to
14
350
Continued April 19, 1989
date. Pintail has agreed to accept that amount for the
property, plus the interest which accrues at over $100 per
day, up to date of closing. It is estimated the total will
be approximately $395,000.
It must be stressed that I do not speculate on Pintail's
chance of success in litigation, but believe this to be the
most economically practical solution in the long run. The
City need not and should not stipulate that the site is
contaminated to the extent that there is a danger to the
public, nor that it requires immediate cleanup. Tests have
not shown that to be the case. However, there are some
elevated levels of lead on site. A repurchase would aTTow
the City time to make an in-depth assessment of the
situation and to plan an appropriate response without the
threat of a lawsuit.
Simply defending the litigation and conducting the tests
necessary to prepare the case would cost nearly as much as
the repurchase. It should also be remembered that at some
point, the site will have to be cleaned up or neutralized
and there are no guarantees that a state or federal agency
may not decide unexpectedly to require this. However, the
possibility of that happening in the immediate future
appears unlikely if there is no third party bringing suit
to force the issue.
Because of the complexity of the environmental law issues
involved, and to get another objective point of view, I
consulted with Joseph Armao of San Francisco, an attorney
specializing in environmental law. Mr. Armao concurred
that of the options which we apparently have, repurchase
appears the most practical based on potential liability for
costs and also considering that following cleanup, the City
will again have a desirable piece of property for which an
appropriate use may be found.
The present owner has requested a prompt decision by the
Council because interest and carrying charges continue to
accrue.
The following persons were in the audience and addressed
the City Council regarding the matter:
1. Pat Velasquez
1061 Awani Drive
Lodi
President of the Mokelumne Village Condominium
Association
2. Dick Rippey
317 Mokelumne River Drive
Lodi
President of the Park Association
3. Charles Duncan
1214 West Lodi Avenue
Lodi
4. Jean Davenport
23324 North Dustin Road
Acampo
Following discussion, the City Council on motion of Council
Member Reid, Hinchman second, adopted Resolution No. 89-46
entitled "A Resolution of the Lodi City Council Authorizing
the Purchase by the City of Lodi of Real Property Located
on the South Bank of the Mokelumne River" and appropriated
$400,000 from the Capital Outlay Reserve for this purchase.
15
351.
Continued April 19, 1989
Staff was directed to report back to the City Council with
recommended security measures for the area.
CONSIDER PROPOSAL
OF JIM LEVINE
DESIGN ASSOCIATES
FOR A HANDPAINTED
MURAL TO BE LOCATED
WITHIN THE CARNEGIE
FORUM BUILDING The City Council was advised that at the "Shirtsleeve"
session of March 28, 1989, the City Council heard a
CC -6 presentation by Mr. Jim Levine for the painting of a mural
CC -97 in the Carnegie Forum. A copy of this proposal is set
forth below. The matter was merely received at that time
since the City Council cannot take action at these
work-study meetings. Mr. Levine has requested a decision.
"I agree to act as consultant to the City of Lodi for the
planning and execution of one handpainted mural to be
located within the Carnegie Forum building. Said mural
will depict the past, present, and future of the City of
Lodi.
I propose to raise the necessary funds by approaching
businesses, individuals, and organizations within the city
for contributions and support.
I suggest that designs for the mural be submitted by local
artists within a given period of time, and that selection
of the design to be used be made by the City Council with
the advice of Jim Levine Design Associates.
Monies realized through fund-raising endeavors will go to
meet the expenses of completing the mural, including a
twenty percent (20%) fee to Jim Levine Design Associates
for consulting services.
It is to be hoped that this will be the first of a number
of important public art projects associated with the City
of Lodi."
While it is desirable that there be art displayed in this
new facility, the City Council may wish to consider an
alternate approach that may more involve the community.
Following discussion on motion of Mayor Pro Tempore
Hinchman, Olson second, the City Council by the following
vote voted not to accept Mr. Levine's proposal.
Ayes: Council Members - Hinchman, Olson and
Snider (Mayor)
Noes: Council Members - Pinkerton and Reid
Absent: Council Members - None
Further, on motion of Council Member Reid, Pinkerton
second, the City Council, by unanimous vote voted to
establish a committee of representatives of various art
groups, the City Council and the architect, to study other
proposals for bringing art to the Carnegie Forum.
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352
Continued April 19, 1989
ORDINANCES
LAND USE ELEMENT
OF GENERAL PLAN
AMENDED - WEST VINE
STREET BETWEEN
INTERLAKEN DRIVE
AND LOWER SACRAMENTO
ROAD
ORD. NO. 1451
INTRODUCED
Ordinance No. 1451 entitled, "An Ordinance of the Lodi City
Council Amending the Land Use Element of the Lodi General
CC -35
Plan by Redesignating West Vine Street Between Interlaken
CC -53(a)
Drive and Lower Sacramento Road" having been introduced at
CC -149
a regular meeting of the Lodi City Council held April 5,
1989 was brought up for passage on motion of Council Member
Reid, Hinchman second. Second reading of the ordinance was
omitted after reading by title, and the ordinance was then
adopted and ordered to print by the following vote:
Ayes: Council Members - Hinchman, Olson,
Pinkerton, Reid and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
REZONING - WEST VINE
STREET BETWEEN
INTERLAKEN DRIVE
AND LOWER SACRAMENTO
ROAD
ORD. NO. 1452
INTRODUCED
Ordinance No. 1452 entitled "An Ordinance of the Lodi City
Council Amending the Official District Map of the City of
CC -35
Lodi and Thereby Rezoning West Vine Street Between
CC -53(c)
Interlaken Drive and Lower Sacramento Road" having been
CC -149
introduced at a regular meeting of the Lodi City Council
held April 5, 1989 was brought up for passage on motion of
Council Member Hinchman, Reid second. Second reading of
the ordinance was omitted after reading by title, and the
ordinance was then adopted and ordered to print by the
following vote:
Ayes: Council Members - Hinchman, Olson,
Pinkerton, Reid and Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
ADJOURNMENT
There being no further business to come before the
City Council, Mayor Snider adjourned the meeting at 9:20
p.m. to Tuesday, April 25, 1989, 7:30 p.m., Fine Arts
Building, Hutchins Street Square, 125 South Hutchins
Street, Lodi, Joint Meeting of the Lodi City Council and
the Lodi Unified School District Board of Trustees.
Attest:
Alice M. Reimche
City Clerk
ns
6uCi
y Clerk
17