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HomeMy WebLinkAboutMinutes - November 5, 1986373 CITY COUNCIL, CITY OF LODI CITY HALL COMICIL CHAMBERS WEDNESDAY, NOVEMBER 5, 1986 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Olson, Pinkerton, Snider, and Reid (Mayor) Absent: Council Members - None Also Present: City Manager Peterson, Assistant City Manager Glenn, Comammmity Development Director Schroeder, Assistant City Engineer Robison, City Attorney Stein, and City Clerk Reimche INVOCATION The invocation was given by Pastor Richard Lungren, Retired, First Methodist -Church PLEDGE OF The Pledge of Allegiance was led by Mayor Reid. ALLEGIANCE.. PRESENTATIONS Mayor Reid announced that a Resolution of Appreciation would be presented to Emery Holloway, retiring Field PRCCI.AMATIONS Services Supervisor, at his retirement luncheon. OC -37 Mayor Reid presented the following proclamations: a) "Veterans Day" - November 11, 1986 b) "Mayors' D -Day in the War on Drugs" - November 18, 1986 REPORTS OF THE CITY MANAGER CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Council Member Hinchman, Olson second, approved the following actions hereinafter set forth. CLAIM OC -21(a) Claims were approved in the amount of $2,903,898.75. MINUTES The Minutes of September 17, 1986, October 1, 1986, October 8, 1986, 7:30 p.m., and October 8, 1986, 9:20 p.m. were approved as read. ACCEPT IMPROVEMENTS IN CHEROKEE LANE/HALE ROAD RES. NO. 86-159 Council adopted Resolution No. 86-159 accepting the Development Improvements included in Cherokee Lane, Hale CC -46 Road to 300 feet north of Hale Road and Cherokee Lane to 80 ^1C, 300 feet east of Lloyd Street. Council was apprised that the subject improvements have been completed in substantial conformance with the requirements of the Development Agreement between the City of Lodi and Washington Savings and Loan Association dated April 16, 1986 and as specifically set forth in the plans and specifications approved by the City Council. 1 374 Continued November 5, 1986 AGENDA ITEM Council approved the specifications for two mid-size REMOVED FROM extended cab pickup trucks and authorized the advertisement AGENDA With the concurrence of the City Council, Agenda item a -1-D PLANS AND SPECIFICATIONS - "Accept improvements - Stadium Seating" was removed from ROAD MEDIAN CURB the agenda. PINE STREET, ELM STREET @ SPRR, Council approved the plans and specifications for "Lower STREET IMPROVEMENTS Sacramento Road Median Curb and Gutter" and authorized the ACCEPTED Council accepted the improvements for "Pine Street, Elm Street @ SPRR, Street Improvements" and directed the Public CC -12(a) Works Director to file a Notice of Completion with the County Recorder's office. The contract for the subject improvements was awarded to Claude C. Wood Company of Lodi on August 6, 1986 in the amount of $59,778.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was November 13, 1986, and the actual completion date was October 29, 1986. The final contract price was $65,462.00. The difference between the contract amount and the final contract price is mainly due to an overrun in asphaltic quantities and some extra work AWARD - ANNUM, on regrading. LANE LINE PAINTING RES. NO. 86-160 City Manager Peterson presented the follow bids which had been received for Annual Lane Line Painting within the City CC -12 (a) of Lodi: -w Safety Striping Service, $14,442.20 Traffic Limited, $15,137.92 Central Striping, Inc., $19,859.27 On recommendation of the City Manager, Council adopted Resolution No. 86-160 awarding the contract for Annual Lane Line Painting to Safety Striping Service in the amount of $14,442.20. SPECS FOR TWO MID-SIZE EXTENDED CAB PICKUP TRUCKS APPROVED Council approved the specifications for two mid-size extended cab pickup trucks and authorized the advertisement CC -12.1(b) for bids thereon. PLANS AND SPECIFICATIONS FOR "LOWER SACRAMENTO ROAD MEDIAN CURB AND GUTTER" APPROVED Council approved the plans and specifications for "Lower Sacramento Road Median Curb and Gutter" and authorized the CC -12.1(a) advertisement for bids thereon. Council was apprised that this project consists of the installation of approximately 740 feet of curb and gutter and modification of one catch basin on the east side of the Lower Sacramento Road median adjacent to Lodi Park West n6. The developer is planning on providing the sprinkler and landscaping at no cost to the City. Funds will come from the Widening Account of the Gas Tax Fund. 375 Continued November 5, 1986 APPROVAL OF LEASE/ PURCHASE AGREEMENT FOR NEW STREET SWEEPER Council approved and authorized the City Manager and City Clerk to execute a five-year lease purchase agreement for a CC -20 1986 FMC High Dump Street Sweeper. RIGHT-OF-WAY AGREEMENT FOR 1320 WEST LCCKEF'ORD STREET Council was advised that the City is acquiring 25 square feet on the southwest corner of Ham Lane and Lockeford CC -46 Street for the installation of traffic signals at this intersection. The City will pay the owners $250.00 for the 25 square feet. Council approved the Right -of -Way Agreement for 1320 W. Lockeford Street, owned by Burton J. Yamada, et al., and authorized the City Manager and City Clerk to execute this agreement on behalf of the City. RENEWAL OF CONTRACT WITH FAMILY SERVICES AGENCY APPROVED Council authorized the City Manager to enter into a contract with the Family Services Agency to continue the CC -6 City's Employee Assistance Program at a cost of $21,240 per year. CLASS SPECIFICATIONS FOR THE POSITION OF PARKS SUPERINTENDENT APPROVED Council approved class specifications for the position of Parks Superintendent. CC -34 ITEM WITHDRAWN FROM CONSENT CALENDAR AND PLACID ON REGULAR CALENDAR With the concurrence of the Council, Agenda item e -1-M - "Adopt Resolution No. 86-161 adopting a five-year transit plan" was withdrawn from the Consent Calendar and placed on the Regular Calendar. PUBLIC HEARING SET TO CONSIDER APPLICATION TO OPERATE VEHICLE FOR HIRE City Clerk Reimche advised the Council that a Public Hearing had been set for November 19, 1986, 7:30 p.m., to CC -6 consider an application received from Eric Schneider to CC -22(a) operate a limousine service within the City. PUBLIC HEAPING SET TO CONSIDER REPORT ON TETE COST OF WEED ABATEMENT WITHIN THE CITY OF LODI Council set a Public Hearing at the Regular Council Meeting of Wednesday, November 19, 1986 at 7:30 p.m. pursuant to CC -24(b) Government Code Section 39576 to consider a report on the cost of weed abatement within the City of Lodi. PUBLIC HEARING SET REGARDING HUTCHINS STREET IMPROVEMENT PROJECT - RIMBY TO VINE STREET Council set a public hearing on the Hutchins Street Improvement Project - Rimby to Vine Street, for December CC -45(a) 17, 1986 at 7:30 p.m. to consider the Environmental Impact Report Update and project alternates. 376 Continued November 5, 1986 PUBLIC HEARINGS Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Reid called for the Public Hearing regarding the Declaration of Impaction and Notification of Conditions of Overcrowding 1986-87 by the Lodi Unified School District Governing Board. The matter was introduced by City Manager Peterson. Further information was provided by Community Development Director Schroeder. SCHOOL IMPACTION FEES ESTABLISHED RES. NO. 86-166 Ms. Mary Joan Starr, Facility Planner for the Lodi Unified School District, addressed the Council presenting an CC -7(e) overview of the Lodi Unified School District 1986-87 CC -43 c- !Z�L> Development Fee Report and responded to questions as were posed by members of the Council. Ms. Starr advised that there is presently impaction in 25 school attendance areas within the district and urged that the current- fee of $200.00 per bedroom and $250.00 per mobile hcme.park space be continued. Provisions of AB 2926 which makes major changes in the law governing the imposition of developer fees to finance construction of school facilities were reviewed. A lengthy discussion followed. Council Member Pinkerton asked that the record show that he wants the City Attorney to challenge this law. There being no other persons wishing to speak on the matter, the public portion of the hearing was closed. on motion of Council Member Snider, Olson second, Council accepted the Declaration of Impaction and Notification of Conditions of Overcrowding 1986-87 by the Lodi Unified School District Governing Board declaring impaction in 25 school attendance areas. The motion was carried by the following vote: Ayes: Council Members - Hindman, Olson, Snider, and Reid (Mayor) Noes:. Council Members - Pinkerton Further on motion of Mayor Pro Tempore Olson, Hinchman second, Council set the impaction fee for the City of Lodi at $200.00 per bedroom and $250.00 per mobile hone park space until such time as the School Governing Board confirms pending state school impact fee legislation. The motion carried by the following vote: Ayes: Council Members - Hinchman, Olson, Snider, and Reid (Mayor) Noes: Council Members - Pinkerton RECESS Mayor Reid declared a five-minute recess and the meeting reconvened at 7:57 p.m. 4 377 Continued November 5, 1986 PLANNING COMMISSION City Manager Peterson presented the following Planning REPORT Ca[mission Report of the Planning Comtissicn Meeting of October 13, 1986: CC -35 The Planning Commission - ITEMS OF INTEREST 1. Conditionally approved the request of Dillon Engineering on behalf of California Cushion Co., Inc., for a -Tentative Parcel Map to join 1301, 1311, 1321 and 1351 East.Pine Street (i.e., APN's 049-040-52, 53, 54 and 55) and to abandon certain private easements in an area zoned M-2, Heavy Industrial. 2. Determined that a zoning Hardship did not exist and denied the request of Search Development for a Zoning Variance to reduce the required rear yard from 7 1/2 feet to 5 feet at 2348 West Vine Street (i.e., APN 027-040-42) in an area zoned R -C -P, Residential- CcaTercial-Professional. City Manager Peterson presented the following Planning Commission Report of the Planning Commission Meeting of October 27, 1986: The Planning Commission: FOR ACTION OF THE CITY COUNCIL 1. Recc miended that the street name of Sunbird Circle, which is located in Johnson Ranch Subdivision #1 be CC -35 changed to Sandpiper Circle in order to eliminate a CC -45(d) possible conflict with Songbird Place located in Tandy Ranch Subdivision. On motion of Council Member Snider, Hinchman second, Council set the heretofore listed item for Public Hearing at the Regular Council Meeting of November 19, 1986 at 7:30 p.m. OF INTEREST TO THE CITY COUNCIL The Planning Commission also - CC -35 1. Directed the Cc nnumity Development Director to issue a Certificate of Compliance on the request of Baumbach and Piazza, Consulting Engineers on behalf of Dr. Dennis Swanson, et al to adjust the lot line between 918 South Fairmont Avenue (APN 031-130-22) and 1001 Windsor Drive (APN 031-130-21) in an area zoned R -C -P, Residential-Camiercial-Professional. The Planning Commission's approval is subject to the property owner meeting the conditions as required by the Public Works Department. 2. Determined that a Zoning Hardship did not exist and denied the request of Gary A. Kroll for a Zoning Variance to construct a duplex on a lot located at 730 South Stockton Street within the boundaries of the Eastside Moratorium area. The underlying zoning of the property is R -MD, Medium Density Multiple Family Residential. 3. Conducted a discussion of the six Measure "A" items appearing on the November 4, 1986 ballot. 378 Continued November 5, 1986 COMMUNICATIONS (CITY CLERK) City Clerk ReLwhe presented the following items under this segment of the agenda: PUC APPLICATIONS a) Trailways pines, Inc. for Authority to Abandon Regular Route Passenger State Service between all Points in CC -7(f) California with exceptions and for an in lieu Certificate of Public Convenience and Necessity Authorizing all Other Passenger State Service. Application No. 86-09-006. b) Supplement to Application No. 86-09-006 c) Motion to Dismiss Application No. 86-09-006 d) PG&E has filed Application No. 86-09-055 in which it requests authority from the California Public Utilities Commission under its Gas Adjustment Clause (GAC) to increase its gas rates;'effective January 1, 1987, by about 5.4% or by approximately $136.3 million on an annualized basis. AHC LICENSES a) Safeway Stores Holdings Corporation, a Delaware Corp. Safeway Store #536 CC -7(f) 215 East Lodi Avenue Lodi Off Sale General, Type 21 Person to Person b) Robert A. Trowbridge Del Monte Club 121-23 North Cherokee Lane Torii On Sale General Eating Place Exchange c) Jimmy W./Mary Jo Norton E1 Rancho Bar and Grill 621 North Cherokee Lane Indi On Sale General Eating Place W./Caterers Permit Person to Person POSTING FOR VARIOUS VACANCIES ON CITY BOARDS AND COMMISSIONS' Ori motion of Mayor Pro Tempore Olson, Hinchman second, Council directed the City Clerk to make the appropriate CC -2(h) postings pursuant to- the State of California Government CC -2(i) Code regarding the hereinafter listed terms: RECREATION COMMISSION (4 -year term) David J. Reese Dennis Swanson LODI SENIOR CITIZENS COMMISSION (4 -year term) Delores J. Dickey 6 379 Continued November 5, 1986 REQUEST FROM ASSEMBLYMAN ISENBERG FOR OFFICE SPACE AT HUPCHINS STREET SQUARE Following receipt of a request from Assemblyman Phil Isenberg for office space at Hutchins Street Square - CC -6 Senior Information Center, Council was informed that there CC -27(e) is presently no room available and that Assemblyman Isenberg will be so advised. REQUEST TO PROHIBIT FISHING AT LODI LAKE PARK Following receipt of a letter from Lori Blanke asking that Council prohibit fishing in Lodi Lake in an effort to CC -27(c) protect the ducks, Mayor Reid directed the matter to Staff and to the Recreation Commission for review and reccnmendaticn. REQUEST.TO DEVELOP PROFILE ON L=I Following receipt of a proposal by Torme and Company on behalf of Pacific Bell Director to develop a profile on CC -6 Lodi, Council, on motion of Council Member Hinchman, Reid CC -39 second referred the matter to Staff for review and report back to the Council at a future date. COMMENTS BY CITY COUNCIL MESBERS LODI/TOKAY BAND REVIEW APPLAUDED Following introduction of the matter by Mayor Pro Tempore Olson, Council applauded the recent Lodi/Tokay Band Review CC -9 and all of the outstanding young people who participated. CC -39 The ongoing efforts of the Grand Marshals Robert and Helen Gross were acknowledged with deep appreciation by the Council. CONCERN REGARDING SPEED ZCNE CHANGES IN AREA OF NORTHEAST ENTRANCE TO CITY Mayor Pro Tempore Olson advised that she had received complaints regarding the various speed zone changes coming CC -16 into the City going south across the Mokelumne River CC -24(b) Bridge. City Manager Peterson indicated that he would look into the matter. COMMENTS BY THE PUBLIC ON NON - AGENDA ITEMS APPRECIATION FOR Mr. Ken Owen, 10908 Micke Grove Road, extended his ENDORSEMETTr OF appreciation to Council for its endorsement of "Drug "DRUG APAREIE.SS Awareness Month". 1 IMI' CC -9 REQUEST TO RESCIND EXTENDED PERMIT PARKING IN AREA OF THE PACIFIC COAST PRODUCERS FACILITY Following receipt of a request from Mr. Robert Beach, 212 Fast Flora Street, Lodi, asking that the expanded permit OC -16 parking program recently established in the P.C.P. area be CC -48(1) rescinded, Council Member Hinchman indicated that he will walk the subject area with the complainant and report back to the Council. 36U Continued November 5, 1986 REPORTS OF THE CITY MANAGER CITY OF LODI FIVE- YEAR TRANSIT PLAN ADOPTED RES. NO. 86-161 CC -50 (b) APPROVE PARKING DESIGNATIONS FOR RELOCATIONS OF BUS TERMINAL RES. NO. 86-162 CC -6 OC -16 Cc 5--0 Council was apprised that public transit remains a major service provided in Lodi and San Joaquin County. In order to continue providing high levels of service, avoid duplication of service and plan for future growth and development of transit systems, it is necessary to plan ahead. To this end each transit provider in San Joaquin County adopts a five-year plan for its operations. A copy of the proposed City of Lodi Five Year Transit Plan was presented for Council's perusal. The plan includes a discussion on current issues: Sunday service, evening service, fixed route service, inter -city service, and coordination with San Joaquin County. The City objectives are to continue to meet the reasonable transit needs of all City residents in the most cost effective means possible. This includes fostering community awareness, clean vehicles, courteous drivers, adequate insurance and assisting San Joaquin County to meet their unmet needs. Following discussion with questions being directed to Staff, Council on motion of Council Member Snider, Hirschman second, adopted Resolution No. 86-161 adopting the City of Lodi Five. Year Transit Plan. City Manager Peterson advised that staff had received a request to establish bus and passenger loading zones at the northeast corner of Pine and Stockton Streets. The vacant building at this location is the proposed site of the relocated Greyhound bus depot. Since no off-street parking is available on -street loading is being requested. Since Stockton Street is wider than Pine Street (56 feet vs. 50 feet) and carries less traffic 3,330 vs. 6,400 daily traffic), it is more appropriate to place the bus zone there. The driveway on Pine Street will not be used as part of this use and with the addition of approximately eight feet of white curb, it will provide an adequate pedestrian loading zone. Under the Lodi City Code, the City Council is authorized to establish a bus loading zone. Since they will be using the City street and right-of-way as part of their loading operation, it is recommended that the operation be allowed under a City of Lodi Encroachment Permit so the City retains the ability to control the right-of-way use. Since the parking designations are for the sole purpose of operating a bus terminal, it is felt that the owner should pay for the modifications. This is similar to the School District's requests. It is recommended that the owner pay the cost of this modification which is $500.00. This includes sign installation, curb painting, parking stall removal, etc. Mr. Gene Walton, Attorney -at -Law, representing Greyhound and his wife, owner of Travel by Charles addressed the Council regarding the matter and responded to questions as were posed by the Council. Continued November 5, 1986 REPORT RE PLANTING COtM9ISSION ACTION RE ZONING VARIANCE REQUEST - 730 SOUTH STOCKQ STREET, LODI CC -53(b) 381 Mrs. Colleen Walton, 636 Carla Way, Lodi, also addressed the Council regarding the matter and responded to questions. Mr. Fred Muther, 904 Sylvia Drive, Lodi, owner of the subject property also addressed the Council on behalf of the matter. Addressing the Council regarding their concerns about parking in the area were: a) Mr. Richard Lang, Lodi Screen Arts, 16 North Stockton Street, Lodi b) Mr. Sam Fernandez, 417 East Pine Street, Lodi c) Mr. Ted Rosen, owner of Brackett's Garage, 21 North Stockton Street, Lodi d) David Peat, owner of Dave and Davies Boat Repair, 10 North Stockton Street, Lodi Also addressing the Council was Mr. Paul Tarcmino, owner of the property where the Greyhound Bus Depot is presently located. Following a lengthy discussion, on motion of Council Member Hindman, Olson second, Council adopted Resolution No. 86-162 approving parking designations for the relocation of the Greyhound Bus Depot at the northeast corner of Pine and Stockton Streets and ordered that the operation be allowed under a City of Lodi Encroachment Pezmit, and that the owner pay all signing costs. Council Member Hinchman stressed his concern that staff needs to look at this portion of the business community and that a parking study be completed of the area. Mayor Reid declared a five-minute recess and the meeting reconvened at approximately 9:35 p.m. Following receipt of a report from the Planning Commission advising that it determined that a zoning hardship did not exist and its denial of the request of Gary A. Kroll for a Zoning Variance to construct a duplex of a lot located at 730 South Stockton Street within the boundaries of the Eastside Moratorium area, Council was apprised that Mr. Kroll did not appeal the action of the Planning Commission. With the tacit concurrence of the Council, the matter was withdrawn from the agenda. "NO PARKING" ESTABLISHED ON IOCKEFORD STREET, WEST OF CHURCH STREET RFS. No. 86-163 Council was apprised that recently, Lockeford Street has been widened and repaved from Pleasant Avenue to Church CC -48(e) Street. "No Parking" zones are recommended to accommodate CC- Soo an additional two-way left turn lane and a through lane. The street was widened to provide four travel lanes. The two-way left turn lane was recommended to eliminate the railroad tracks from the through lanes and provide a turn pocket at Church Street. 9 382 Continued November 5, 1986 Council, on motion of Council Member Pinkerton, Olson second, adopted Resolution No. 86-163 establishing "No Parking" zones on Lockeford Street, 170 feet W/Church Street to Church Street on the north side, and 205 feet W/Church Street to Church Street on the south side. BID AWARD - FINE ARTS BUILDING, HUDCHINS STREET SQUARE RES. NO. 86-164 At its regular meeting of August 20, 1986, the City Council authorized the advertisement for bids for the restoration CC -27(e) of the Fine Arts Building at Hutchins Street Square. Mr. Dennis Bennett, president of the Old Lodi Union High School Site Foundation, had earlier requested City Council appropriation of $450,000 in the form of a loan to the Foundation to undertake this project. In its adoption of the 1986-87 Operating Budget, the City Council approved the appropriation of $500,000 to the Capital Outlay Reserve Fund for this purpose. The balance of the funding needed to undertake and caiplete this project will be supplied by the Old Lodi Union High School Site Foundation. Bids were received and opened September 24, 1986. The bid summary is heretofore set forth. The total bid represents the base bid of $744,500, plus the inclusion of Alternate No. 4, which provides for the removal of the existing roof and the re -roofing of the entire building at a cost of $14,600. Since that time there has been considerable discussion with the lav bidder concerning a number of aspects of the project. It is possible there may be some chane orders that could reduce the total amount. HUTCHINS STREET SQUARE FINE ARTS COMPLEX IADI, CALIFORNIA Bid Tabulation Alternates: 41 #2 43 #4 (Garden) (north (walkway) (roof) Name of Bidder Base Bid porch) Roek Constr. $744,500 63,500 34,500 12,000 14,600 Stockton, CA Grove Constr. $758,452 57,433 33,986 7,711 17,652 Modesto, CA Diede Constr. $760,575 58,503 36,899 14,316 9,900 Lodi, CA Molfino Constr.$787,391 57,772 34,441 11,277 12,965 Lodi, CA Bids opened: September 24, 1986 11:00 a.m. Lodi City Hall Mr. Dennis Bennett, president of the Old Lodi Union High School Site Foundation, addressed the Council regarding the matter and responded to questions as were posed by members of the Council 10 283 Continued November 5, 1986 Following discussion, on motion of Council Member Snider, Olson second, Council appropriated $759,100.00 from the Capital Outlay Reserve for the restoration of the Fine Arts Building, Hutchins Street Square, and adopted Resolution No. 86-164 awarding the bid, including Alternate No. 4 to the low bidder, Roek Construction Conpany, in the amount of $759,100.00. Further, following additional discussion, on notion of Council Member Hinchman, Olson second, Council confirmed that, pursuant to the heretofore listed action, the Old Lodi Union High School Site Foundation is to reimburse the City at the earliest possible date $759,100.00. RESOLUTION AWARDING COMKUNITY CABLE TELEVISION SYSTEM REFRANCHISING TO KING VIDDOCABLE COMPANY RES. NO. 86-165 City Manager Peterson presented for Council's perusal and approval a draft resolution entitled, "Resolution Granting CC -22(c) Non -Exclusive Co=mity Cable Television System Franchise" giving a chronology of events leading to the presentation of the subject resolution for Council's adoption. Following discussion with questions being directed to Staff, Council on motion of Mayor Reid, Olson second, adopted Resolution No. 86-165 - "Resolution Granting Non -Exclusive Conmunity Cable Television System Franchise" providing for the refranchising of King Videocable Company to furnish cable television service in the City of Lodi for a 20 -year period cc mencing November 6, 1986. LOAD RESEARCH PROGRAM CONCEPT APPROVED Electric Utility Director Henry J. Rice introduced agenda item K-6 relating to the load research program concept. CC -51{d) Mr. Rice advised that the nature of electrical use, its patterns,trends and forecasts into the future are important to electrical utilities. The need for increased accuracy in forecasting and its close relationship to capital and energy costs make load research a very important tool to this end. Load research is the method used to obtain data for a representative cross section of City customers for use in, but not limited to, system planning, cost analysis, rate determination and load forecasting. Load research is performed by installing a limited number of meters which record and store load data on a continuous basis. Installation of all metering devices and final checkout of data translation equipment must be concluded prior to the peak season. Reliable data from a load research program will not become available in less than two years and may require a full three-year period for verification. Determination of the least number of required data collection devices is based upon a sophisticated statistical analysis. Several months delay in implementing this program was necessitated while the statistical analysis was performed. Initiation of the load research program at this time will allow sufficient time to go out for bid, install the devices and check out the system prior to utility's 1987 peak season. Therefore, collected and analyzed data would became useful in 1989. 11 364 Continued November 5, 1986 Additional information regarding the subject was presented by Mr. Rice. A lengthy discussion followed with questions being directed to Staff. Council, on motion of Mayor Pro Tempore Olson, Hinchman second, approved the transfer of funds in the amount of $124,205.91 from the 16.1 650.23 - 500 account to the System Equipment Purchase Account - 16.680.01 - 519 for program implementation of the Electric Utility Load Research Program. Further, Council, on motion of Mayor Pro Tempore Olson, Reid second, approved the specifications for the purchase of solid state data recorder and associated software and authorized the advertising for bids thereon. REQUEST FROM BOOSTERS OF BOYS/GIRLS SPORTS ORGANIZATION FOR CITY TO HOLD THAT ORGANIZATION HARMLESS IN ITS ACTIVITIES TO A LIMIT OF $250,000 Assistant City Manager Glenn reported that the lack of liability insurance has manifested itself in the CC -6 non -reliability of the liability coverage the Boosters of CC -21.1(a) Boys and Girls Sports, Inc. (BOBS) once had. The Board of CC -40 Directors has been without insurance since September 19, 1986. The members of the Executive Board are concerned that their volunteer services have placed their personal net worth in jeopardy. The BOBS have requested that the City of Lodi hold that organization harmless in its activities to a limit of $250,000. Mr. Glenn reported that the Joint Powers Insurance Authority will not share losses with BOBS as it is a separate entity with its own elected Board of Directors. Even if they would share these losses, the City of Lodi would be individually liable for the first $250,000. Addressing the Council concerning the matter was Mr. Robert Mullen, Attorney-at-law. Following discussion, on motion of Council Member Snider, Pinkerton second, Council determined that it would provide defense costs and damages up to $250,000 per occurrence to the Boosters of Boys and Girls Sports, Inc. APPEAL OF AVENUE INVESTMENT REGARDING ASSESSMENT OF NEW SEWER CONNECTION FEE ON ITS LODI AVENUE/HAM LANE DEVELOPMENT Council Member Snider asked to abstain from discussion and voting on the following matter, because of a possible CC -16 conflict of interest. CC -44 CC -51(a) City Manager Peterson reminded the Council that a letter CC -56 had been received from Mr. C. A. Wentland, Managing Partner of Avenue Investment, protesting the new sewer connection fee with regard to his Lodi Avenue/Ham Lane development. Mr. Wentland had just received word that the approved plans for development of Suite "0" at 1300 west Lodi Avenue and learned that they would be assessed the connection fee at the new rate rather than at the previous rate. 12 Continued November 5, 1986 Mr_ Wentland's letter was presented at the Regular Council Meeting of October 15, 1986 and was referred to staff at that tine for review and the presentation of a recommendation at this meeting., City Manager Peterson further advised the Council that on October 1, 1986, the City Council adopted Resolution No. 86-152 which established an increase in the sewer connection fees. Subsequent thereto, it was determined that a number of buildings had been erected or were under construction within the City prior to the date of the adoption of the sewer connection fees. These buildings are in a status that could best be described as a "shell" structure. At the time those projects were initiated, the developer did not pay sewer connection charges because the ultimate occupant and the interior finish were unknown. The developers are required to pay the sewer connection fees when they acquire a building permit for the "tenant improvements". Since the plans and specifications for the "shell" structures had already been approved by the Building Division and necessary permits issued prior to the time the new fee structure was adopted, it seems logical to "grandfather" these buildings. Accordingly, it is recomrended that the sewer connection charges for the "tenant improvements" in these structures be based on the previous schedule because the "shell" either existed or was under construction when the City Council acted on October 1, 1986. Staff estimates there are perhaps 10-12 buildings in this category in the City. Further information regarding the subject was provided by Coimunnity Development Director Schroeder_ Following discussion, on motion of Mayor Pro Tempore Olson, Hinchman second, Council authorized the application of the City's previous sewer connection fee schedule in those situations where "shell" structures were constructed or under construction, prior to October, 1986. The motion carried by the following vote: Ayes: Council Members - Hincluaan, Olson, Pinkerton, and Reid (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain.: Council Members - Snider ORDINANCE EXTENDING EASTSIDE BUILDING MORATORIUM ON CONUnRSION OF SINGLE-FAMILY HOMES TO MULTI -FAMILY IN CERTAIN AREAS OF THE CITY ORD. NO. 1394 ADOPTED Ordinance No. 1394 - entitled, "An Ordinance of the City 13 386 Continued November 5, 1986 Council Extending the Time Period of Building Moratorium on CC -6 Conversion of Single -Family Homes to Multiple -Family in CC -24(b) Certain Defined Areas Pursuant to State of California CC -35 Government Code Section 65858" having been introduced at a CC -53(a) regular meeting of the Lodi City Council held October 15, 1986 was brought up for passage on motion of Council Member Snider, 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 - H.inchman, Olson, Pinkerton, Snider, and Reid (Mayor) Noes: Council Members - None Absent: Council Members - None ADJOURNMENT There being no further business to care before the Council, Mayor Reid adjourned the meeting at approximately 10:50 p.m. to a meeting of the City of Lodi Industrial Development Authority. ATTEST: n tY? lLlIr Alice Reimche City Clerk 14