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Home My WebLink AboutMinutes - February 1, 1989263 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, FEBRUARY 1, 1989 7:30 P.M. ROLL CALL Present: Council Members - Hinchman, Olson, Reid, Snider and Pinkerton (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 City Clerk Reimche INVOCATION The invocation was given by Pastor Bob Weishoff, Emanuel Lutheran Church. PLEDGE OF The Pledge of Allegiance was led by Mayor Pinkerton. ALLEGIANCE PRESENTATIONS UNITED WAY 1988/89 DEPARTMENTAL AWARDS PRESENTED Eric Whitaker, Administrative Assistant to the City Manager, presented the 1988/89 United Way Campaign CC -73 Departmental Awards. CONSENT CALENDAR In accordance with report and recommendation of the City Manager, Council, on motion of Mayor Pro Tempore Snider, Olson second, approved the following items hereinafter set forth. CLAIMS CC -21(a) Claims were approved in the amount of $2,749,128.08. MINUTES The Minutes of December 21, 1988 and January 4, 1989 were approved as written. DESTRUCTION OF CERTAIN RECORDS RETAINED BY THE CITY CLERK APPROVED RES. NO. 89-10 The City Council adopted Resolution No. 89-10 approving destruction of certain records retained by the City Clerk. CC -6 REVISED CLASS SPECIFICATION FOR PLANT AND EQUIPMENT MECHANIC APPROVED RES. NO. 89-11 The City Council adopted Resolution No. 89-11 approving revisions to the class specifications for Plant and CC -34 Equipment Mechanic. 1 Z64 Continued February 1, 1989 RESOLUTION ADOPTED AUTHORIZING AGREEMENTS WITH THE CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION BY THE LODI POLICE DEPARTMENT IN CERTAIN CALIFORNIA HIGHWAY PATROL TRAINING PROGRAMS RES. NO. 89-12 The City Council adopted Resolution No. 89-12 authorizing agreements with the California Highway Patrol for CC -6 participation by the Lodi Police Department in certain CC -90 California Highway Patrol -sponsored training programs and CC -152 authorizing the Chief of Police to execute the agreements on behalf of the City. The City Council was advised that in order for the Lodi Police Officers to attend required training offered by the California Highway Patrol, a resolution from the City Council is required, according to the State Administrative Manual. PUBLIC HEARING SET REGARDING USE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Council set a public hearing for the February 15, 1989 regular meeting of the City Council to obtain the CC -55 views of citizens on Lodi's housing and community development needs. The City Council was advised that Staff is currently in the process of preparing a list of proposed activities for the 1989 Community Development Block Grant program year. Federal guidelines require grantees to "hold at least one public hearing to obtain the views of citizens on the grantee's housing and community development needs" (24 CFR Part 570, §570.301(a)(2)(ii)). Last year's hearing was held at the Public Library and only three citizens showed up to participate. As response was less than desirable, staff felt it may increase citizen participation if the hearing were held during the regular City Council meeting. Staff has already begun the public participation process by publishing public notice advertisements in the Lodi News -Sentinel January 12, 13, 14, and 17, 1989 soliciting written suggestions for possible projects. These responses will be read at the public hearing. PUBLIC HEARING SET TO CONSIDER THE AMENDMENT OF THE LAND USE ELEMENT OF THE LODI GENERAL PLAN, THE REZONING FROM R -C -P TO C -S, AND THE CERTIFYING OF THE FILING OF A NEGATIVE DECLARATION ON THE PROPERTY LOCATED AT 2500 WEST TURNER ROAD The City Council was reminded that at its meeting of January 18, 1989, the City Council on a 2 - 2 tie vote, CC -35 failed to approve the filing of an environmental clearance, CC -53(a) a modification of the general plan and rezoning of the property located at 2500 West Turner Road. Under usual circumstances, the matter would have been deemed denied for 265 Continued February 1, 1989 failure to achieve the necessary affirmative votes. However, a motion to reconsider was successful, and the Council placed the matter on the March 1, 1989 agenda to address certain traffic and infrastructure concerns. Since the public hearing which occurred on January 18 was closed prior to a vote being taken, and also since the Council will be hearing new evidence at the March 1, 1989 meeting on this topic, the subject should appear on the March 1 agenda as a public hearing. That will avoid potential procedural problems and allow interested parties to present further evidence or testimony. The City Council set a public hearing for March 1, 1989 to reconsider: a) Amending the Land Use Element of the Lodi General Plan by redesignating the parcel at 2500 West Turner Road (APN 029-030-39, R.C.A. Global) from Office -Institutional to Commercial b) rezoning the parcel at 2500 West Turner Road (APN 029-030-39, R.C.A. Global) from R -C -P, Residential -Commercial -Professional to C -S, Commercial Shopping Center c) certifying the filing of a Negative Declaration by the Community Development Director as adequate environmental documentation on the above projects. SPECIFICATIONS FOR THE PURCHASE OF ONE UTILITY VAN BODY TRUCK APPROVED The City Council approved the specifications for the purchase of one utility van body truck and authorized CC -12.1(b) advertisement for bids thereon. The bid opening date has been set for Tuesday, February 21, 1989. This unit is for replacement of existing Truck #27 used by the troubleshooting/service call section of the Electric Utility Department. The estimated cost of this purchase is $28,000 with delivery expected in approximately three months. Funding for this purchase has been included in the 1988-89 fiscal year budget. PLANS AND SPECIFICATIONS FOR BLAKELY PARK POOL TILE REPLACEMENT APPROVED The City Council approved the plans and specifications for the Blakely Park Pool tile replacement and authorized CC -12.1(a) advertising for bids. CC -12.1(c) This project includes complete replacement of the gutter tile at the old pool at Blakely Park. The tile is chipped in numerous places. The City has been informed by the Local Health District that the work must be done before the next swim season. AWARD CONTRACT - CARNEGIE FORUM HARDSCAPE, 305 WEST PINE STREET RES. NO. 89-13 The City Council adopted Resolution No. 89-13 awarding the contract for the Carnegie Forum Hardscape, 305 West Pine CC -12(c) Street, to Case Construction in the amount of $34,304 and 256 Continued February 1, 1989 Wcn 22 Pump k Motor Cost Analysis Pa., Casl'. 1 0.0717; per K.hr appropriated an additional $2,000 from the Capital Outlay Reserve. Pwnp uu/1We1 The City Council was informed that this project includes 1600 concrete sidewalks with brick edges matching that in front 6918 felx Yo,p 0•nW bpd VYnpNq of City Hall and the area between City Hall and the Carnegie Forum. Landscaping will be done under a separate wln,nn,•Im 16x6 contract. 9ttI1N+, 111 rn 111. Ilpw, Plans and specifications for this project were approved on 6.+ wpltt srl..•,. • January 4, 1989. t19613m Jm The City received the following three bids for this project: 000 3mm 0./00 W0. 1.91 BIDDER LOCATION BID Engineer's Estimate $31,000.00 113 Case Construction Lodi $34,304.00 Ism Altman General Eng. Yuba City $35,028.00 0... 125.5a ad's 0913 (1168 99.28 7116 Neth Construction Stockton $42,410.38 The total project cost allows for inspection and A'WA 737 contingencies. AWARD CONTRACT FOR (140 IM27 0.163 0913 0178 IMB 2311 WELL 22 PUMP AND waltt 5.+'.00, • MOTOR, 2040 SOUTH :I0. Tim 90 CHEROKEE LAKE 190 J21M IIe Ss 1.60 RES. NO. 89-14 The City Council adopted Resolution No. 89-14 awarding the 1-0� contract for Well 22 Pump and Motor to Zim CC -12(d) Industries/Ingersoll-Rand in the amount of $20,968.00. 00151 100 -ad OB.O 11356 LM The City Council was advised that this project consists of furnishing and installing a pump and motor for Well 22. The specifications included provisions for analyzing the I'm bids based on an analysis of future power costs. The 12 I.0 In Is aM6 "I QMa 99n, 2.51 bids received are set forth below: Wcn 22 Pump k Motor Cost Analysis Pa., Casl'. 1 0.0717; per K.hr Analysis row: 750 Minion Canons (MC) N'eua. Pwnp uu/1We1 14d p,c. 1 [,.16 1600 I. r.4. 1. I9D qM lW Ip Lo.n 6918 felx Yo,p 0•nW bpd VYnpNq Po..1 ,qd bM1 wln,nn,•Im 16x6 tm+n1 111981 10,6 In c.,ll 9ttI1N+, 111 rn 111. Ilpw, rp.1 eIw 6.+ wpltt srl..•,. • r. w•<u.. moo t19613m Jm .m 000 3mm 0./00 W0. 1.91 0.50 .0..M O.s5 0,.3 0.621 J4.1 10,1 ), 113 1a11M 2,0 Ism 108 215.08 OAIO 17111 197 0... 125.5a ad's 0913 (1168 99.28 7116 A'WA 737 1 M JM 2MM 0.810 170.% 1.92 (140 IM27 0.163 0913 0178 IMB 2311 1c6.2" 186.907 7 waltt 5.+'.00, • p 116 r,-rlp.q 1.(1x1 :I0. Tim 90 :Im 190 J21M IIe Ss 1.60 180 12115 1 1 111 a6e6 96.69 JIM 1-0� 115 59136 710 6M 00151 100 -ad OB.O 11356 LM L50 Is. 0 S 090 ala Im.x Sia{ 71.1 HM 742 I'm fro 231 ]0 0.135 12,95 1W I.0 In Is aM6 "I QMa 99n, 2.51 163.69J im m 1 Wrv1w••'3.pltt S,-• Fmeop-rb.pr I.— 70.1MJ4 710 975 Idn J71.a 0611 11146 IM IM 119.06 0.650 0913 0613 91.07 1101 7-1 115 ':n1M 700 Ism .J0. 71100 0817 17.1,17 1m 1.50 17512 G. 0'547 0.161 Im OI 1/36 >1.I1SW 132 1150 35]0 711. 06.5 11.07 I.. IAO 12125 (1614 0913 01. 10061 2161 566565 11/,1w q epxl II-. cu. •• plcl.+p -I:0.«.. IIN, III In sM 1100 1 M 9180 a.!N 118.11 I a I a 1}215 D. 0.'543 0.666 %A3 Jlg11 7 1 105 "" 710 104 .M 7l.m 0fl.0 171.56 1161 1>0 17696 0806 0.547 0.lso 100..4 7/18 11x6:. 217 I'm 5111 73020 09fl 17195 la Iia 12515 0.1'16 OM3 0.'164 99.01 2151 163a13 Isi*1 I -11, W. ••• pacd.dy-IIp.cl 14-19.111M 3:O 9,'35 150 9150 a I 1,36 1W 136 115% 0550 (115 0613 9107 .005 7 $ 1GS 15111. 7 I 113110 .m ll.M 96.1 17137 1a IA ,]61] 016A OM1 0)67 I..a, 1!/1 VIeeIW I9 ,I50 Sm 11)1136 O1 11136 136 110 12115 0600 III, also 10061 2(111 116565 1..In 6 fN.u1 Ylmp .u. •• U 111 I. I., mIM 1:4 1110 } 17 JTl 1'! O1'A 110.fl I /6 019 122& 0.1.4 0'l.J 06!9 91.11 3h1 105 110 Ir -0 JW ]/IW Ux4 11.66 :16 11A 1]/R 0.14 OM1 O.M Im 65 1111 .., .1..0 )f, I!M .W ]JIW 1)— 1}1}1 1.16 0.57 IM 53 0.lM OM1 O.IJ6 101..1 1115 16..1109 5..,.611 7 -1 1— ) I— 1. w; }0.1.11V Ji0 91X1 136 17159 0600 17181 700 056 121.77 0Y1 OM1 0.151 X39 16JO 0 110 x1110 700 1v0 IN6 ]lJM Oxm 1]6.51 7m 011 iM 92 O.MJ OMI a" 10,99 }llq .1.5/110 19 1170 Sen 1113111 axm 1:•6.50 }m 073 IM93 0., OM3 01.2 10192 I.Cfl 410.6.1 w2l. 11 emcl Nwp Cu. Or"an .acl:un 11.WA1 1'11. ro.m 3:9 Imo 15x 771 15 U. 1.6 ! 68a a 1.13 0.1.0 (1 3 a" 86.357 1161 o-, ttlor 15 1 .+•r.r11u 1:5419 •11::0 lm .11+51:+1 ?T I.1A 1ryq J Is 711.16 U 37 1M 19 1 6x 316 73556 0.190 IM01 168 018 178 35 0 191 OM3 0.111 101.54 21/fl 010 Ilam aAs OM3 0.1}7 10791 2131 16..16} 1rAu:ll.x t eti t 111 •1117544 '•]1C I:^ 6735 am .m. 0650 1110 136 0. Mm a." -5 11.595U 6661 r 11'X1 110 1'A4 13/0 713 a 0x.0 17f.2 1!FI 010 115.!1 4,114 0.9.1 0.161 9915 2119 Iw,'a W 212 110 .M 716(1 a1lo 136x2 ',1 010 11211 0/W "J 0.136 IN S1 2361 461100 111.11 9 I 4qu::ny 'rge••.:a uu+61']6xl +.n 14 t.4 V., PA .. 01.4 11110 1.5'1 ON 111.." a/71 0'543 a. %111 -5 5 111 m } 1614 .Al 11136 0x0 111}19 1q Om 111/6 Onm 013 0.111 9811 1119 . 1. ne.W 712 :1A 1.'0 }1110 O11 111.13 Ii9 061 1.11 0197 0•X1 0.116 105116 741 1614W {1.." 1 6+6y 5 pump w un pn •,e• 111%6:541 5 ^u 9G1 1.111 91 J0 0.1'4 I.I x5 I M O W 106 ]3 0 /00 OM3 0.654 8116 4_iJ 11 `A 0x.5 11 In IM 000 IMm 0x 013 0.177 9fl" ]/Itl 1,2 '1G1 170 }.MJO 0870 12653 "10 0'A 1?sM ,SM OM3 0.055 '0192 2161 161.215 111.X3 S 6+6yf Yumy 9 IMon Nlr. 0.,n tau 111 /1'A :M 11/4 1 ,, 91W 0.04 11465 ,a aW 10011 0.710 OM3 0VA1 as 35 1161 I, 1A 13/0 .-.�. /.A1 7:7 1'3'0 11UU 3..6 I11.itl OMA) iM 19 1Lx 1Sx 111 :fi 0/'p 1;101 ,654 0.. 13615 0/9! OMI O./S, 10154 }//tl 910 1Jom 0./66 0MJ 0121 :02.91 }711 16..161 11!.969 10 • ml W .f,4 n•.rl•1++1 a ,wA•4Aw 16u1 .e9 wlr,Jnxl muy p,i.'I •.wM, a..na 541) 0.,x., 1- Jn e,r.nAl i pw.,mm o-.•�.mAM 007•..1 •A 11x..•• ..n., I :7211x1 18 _ • 26'7 Continued February 1, 1989 As noted in the footnotes, the bids from Moorman's Water Systems and Noack Pump Company included exceptions to the specified warranty. The City has requested a non-standard warranty on previous bids and has not had exceptions taken. The specified 4,000 hours instead of 1 year protects the City in the event the pump is not used very much in the first year. We F�&ve had one occasion in the past few years where a motgiv'failed after 1 year but less than 4,000 hours. The supplier (Zim Industries/U.S. Motors) repaired the motor at no charge to the City. The two suppliers who did not take exception to the warranty were both contacted. They were aware of the requirement and were willing to provide the requested warranty. It should also be noted that we received written notice of a numerical error in the bid from Noack/Byron Jackson, therefore, this bid should be withdrawn. Also, the analysis shows that the Worthington -Dresser pump proposed by Kirby's Pump is slightly more efficient than the Ingersoll-Rand unit proposed by Zim Industries. However, it would take approximately 10 years before the total costs were equal. Therefore, the recommendation was made that the contract be awarded to Zim Industries for the Ingersoll-Rand pump. AWARD BID FOR PURCHASE OF DUMP TRUCK RES. NO. 89-15 The City Council adopted Resolution No. 89-15 awarding the bid for the purchase of a dump truck to Interstate CC -12(d) International, Inc., in the amount of $44,350.00. The City Council was informed that this project consists of replacing a. 1976 Ford, 23,000 GVWR dump truck equipped with a mobile radio and emulsion tank used by the Street Division for daily street maintenance. Specifications for this project were originally approved on November 2, 1988. Bids were opened on November 16, 1988 and two bids were received. Both bidders failed to meet the City's requirements. Specifications were revised to include a longer wheel base and a maximum turning radius requirement and were approved on January 4, 1989. New bids were opened on January 18, 1989 and three bids were received: Bidder Location Sid Plummer Pontiac, Cadillac, GMC, Inc. Lodi $43,800.42 Interstate International, Inc. Stockton $44,200.00 Sacramento Valley Ford Truck Sales, Inc. Sacramento $48,124.00 - Option #1 $42,930.00 - Option #2 Neither Plummer nor Sacramento Valley Ford met the City's required specification for a curb -to -curb turning. radius of 45'-0". The truck that Interstate International, Inc. bid does meet the City's specification, which results in increased maneuverability that is critical for the Street Division's operations. It was recommended that the City Council approve the purchase of the dump truck from Interstate International. 2GQ Continued February 1, 1989 The difference of $150.00 between the bid amount and the purchase price is for an extended engine warranty. IMPROVEMENTS ACCEPTED UNDER WELL DRILLING, WELL 22, 2040 SOUTH CHEROKEE LANE, CONTRACT The City Council accepted the improvements for "Well Drilling, Well 22, 2040 South Cherokee Lane", and directed CC -90 the Public 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 Myers Bros. Well Drilling, Inc. of Hanford on September 28, 1988 in the amount of $63,778.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was February 13, 1989, and the actual completion date was January 25, 1989. The final contract price was $58,540.00. The difference between the contract amount and the final contract price is mainly due to a penalty for failure to meet the plumbness and alignment criteria. IMPROVEMENTS ACCEPTED UNDER ARMORY PARK SPRINKLERS The City Council accepted the improvements for "Armory Park Sprinklers, 333 North Washington Street" and directed the CC -90 Public 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 Galloway & Associates of Escalon on November 16, 1988 in the amount of $13,863.00. The contract has been completed in substantial conformance with the plans and specifications approved by the City Council. The contract completion date was February 24, 1989, and the actual completion date was January 20, 1989. The final contract price was $13,863.00. The funds remaining in this account will be spent on other projects included in the Parklands Grant description. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COMMENTS BY CITY COUNCIL MEMBERS The following comments were received under the "Comments by City Council Members" segment of the agenda: SYMPATHY EXPRESSED TO THE FAMILY OF PARKS AND RECREATION COMMISSIONER DAVID REESE Mayor Pro Tempore Snider expressed sympathy to the family of Parks and Recreation Commissioner David Reese. The entire community is saddened by the loss of this outstanding citizen who had given so unselfishly of his time and talent to the City. CITY COUNCIL TOURS MAURICE HILL HOME Council Member Olson commented on the recent tour the City Council had of the Maurice Hill home and expressed her hope that the entire community would rally around the preservation of this historical Lodi landmark. Continued February 1, 1989 269 i "CONGRATULATIONS" EXTENDED TO GENE WALTON ON BEAUTIFICATION AND CREATION OF AN INSTANT INDUSTRY IN LODI (A PARKING LOT ON LOWER SACRAMENTO ROAD) Mayor Pinkerton extended "congratulations" to Gene Walton for the beautification and creation of an instant industry CC -45(i) in Lodi (a parking lot on Lower Sacramento Road). CC -150 COMMENTS BY THE PUBLIC ON NDN AGENDA ITEMS There were no persons wishing to speak under the "Comments by the public on non -agenda items" segment of the agenda. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. PLANNING COMMISSION City Manager Peterson presented the following Planning REPORT Commission Report of the Planning Commission Meeting of January 23, 1988: CC -35 The Planning Commission - ITEMS OF INTEREST 1. After a presentation by Jerilyn Ratto, Administrator, approved the request of Doctors' Hospital of Lodi (formerly Lodi Community Hospital) for the extension of a use permit for a temporary mobile office at 800 South Lower Sacramento Road in an area zoned R -C -P, Residential -Commercial -Professional until March, 1990. 2. Conditionally approved the request of Yosh Mataga, Mataga Olds -Buick Inc., for the extension of a use permit for one year for a modular RV sales office at 880 South Beckman Road in an area zoned M-1, Light Industrial. 3. Determined that existing conditions in the neighborhood constituted the basis for a "zoning hardship" and approved the request of R. Wayne Craig to vary the setback requirements for a garage at 703 West Pine Street, in an area zoned R-1, Single -Family Residential - Eastside. 4. Conditionally approved the request of Tiger Lines for a use permit for a temporary portable office for one year at 927 Black Diamond Way.in an area zoned M-2, Heavy Industrial. 5. Accepted the withdrawal of the request of Marlon Degrandmont for a use permit for an entertainment center in Unit C-1, Lakewood Mall in an area zoned C -S, Shopping Center. COMMUNICATIONS (CITY CLERK) CLAIMS CC -4(c) On recommendation of the City Attorney and the City's Contract Administrator the City Council, on motion of Council Member Olson, Hinchman second, denied the following claims and referred them back to the City's Contract Administrator: a) Frank Madden, DOL 8/5/88 b) Larry Costamagna, DOL 12/14/88 7 urV Continued February 1, 1989 Dennis Jones to fill the unexpired term of David Reese which term expired December 31, 1990 INFORMATION RECEIVED REGARDING CALIFORNIA LAND CONSERVATION CONTRACTS Following receipt of a letter from the Clerk of the San Joaquin County Board of Supervisors advising that, pursuant CC -27(a) to section 51243.5 of the Government Code, the Board of Supervisors intends to enter into California Land Conservation Contracts which will include land within one mile of the exterior boundaries of the City of Lodi on the following parcels, the City Council on motion of Council Member Reid, Olson second, voted to take no action: a) Carl S. Massio and Mary T. Hildebrand, 858 Wightman, Lodi APN #017-100-06 b) Carl S. Massio, 858 Wightman, Lodi, APN #013-230-08 LETTER RECEIVED EXPRESSING CONCERN REGARDING VEHICLES FOR SALE BEING PARKED ON LOWER SACRAMENTO ROAD BETWEEN ELM STREET AND TURNER ROAD Following receipt of a letter from "A Concerned Resident" expressing concern regarding vehicles for sale being parked CC -45(i) on Lower Sacramento Road between Elm Street and Turner CC -150 Road, the City Council was advised that a proposed ordinance concerning "curbstoning" will be reviewed by the City Council at the February 28, 1989 Shirtsleeve Session. 8 c) Don Nelson, DOL 8/22/88 d) Juanita Corwin, DOL 8/2/88 ABC LICENSE APPLICATION The City Clerk presented the following application for Alcoholic Beverage License which had been received: CC -7(f) a) Gloria M. Murillo, Donna Wilson, Jack Pot Mini Mart, 401 South Cherokee Lane, Off Sale Beer and Wine License, Person to Person Transfer RESIGNATION FROM LODI ARTS COMMISSION On motion of Council Member Hinchman, Olson second, the City Council directed the City Clerk to post for a vacancy CC -2(k) on the Lodi Arts Commission resulting from the resignation of Pamela Ann Amrine. APPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS On motion of Council Member Hinchman, Olson second, the City Council concurred with the following appointments by the Mayor to various City of Lodi Boards and Commissions: CC -2(i) LODI SENIOR CITIZENS COMMISSION Dorance L. Ochs to fill the unexpired term of George Sande, which term expires 12/31/89 CC -2(h) LODI PARKS AND RECREATION COMMISSION Dennis Jones to fill the unexpired term of David Reese which term expired December 31, 1990 INFORMATION RECEIVED REGARDING CALIFORNIA LAND CONSERVATION CONTRACTS Following receipt of a letter from the Clerk of the San Joaquin County Board of Supervisors advising that, pursuant CC -27(a) to section 51243.5 of the Government Code, the Board of Supervisors intends to enter into California Land Conservation Contracts which will include land within one mile of the exterior boundaries of the City of Lodi on the following parcels, the City Council on motion of Council Member Reid, Olson second, voted to take no action: a) Carl S. Massio and Mary T. Hildebrand, 858 Wightman, Lodi APN #017-100-06 b) Carl S. Massio, 858 Wightman, Lodi, APN #013-230-08 LETTER RECEIVED EXPRESSING CONCERN REGARDING VEHICLES FOR SALE BEING PARKED ON LOWER SACRAMENTO ROAD BETWEEN ELM STREET AND TURNER ROAD Following receipt of a letter from "A Concerned Resident" expressing concern regarding vehicles for sale being parked CC -45(i) on Lower Sacramento Road between Elm Street and Turner CC -150 Road, the City Council was advised that a proposed ordinance concerning "curbstoning" will be reviewed by the City Council at the February 28, 1989 Shirtsleeve Session. 8 Continued February 1, 1989 271 i COUNCIL CONSIDERATION OF STATE OF CALIFORNIA GOVERNMENT CODE SECTION 818.8 REQUESTED Following receipt of a request from Jean Davenport, 23324 North Dustin Road, Acampo, for City Council consideration CC -6 of California Government Code Section 818.8 - "A public CC -34 entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent or intentional", the City Council, on motion of Mayor Pro Tempore Snider, Kinchman second, following information received from the City Attorney, directed that the matter be referred to Assemblyman Phil Isenberg. REGULAR CALENDAR EMERSON PARK REHABILITATION JOINT VENTURE PROJECT APPROVED CC -27(c) The City Council was advised that approximately two years ago the Administration and the Parks and Recreation Department addressed the Emerson Park playground area with regard to general safety and quality of play of the area. As such, the City Council approved $30,000 to address, review and redesign the park to meet these ends. About this time the Lodi Lions Club was looking for a project, and since past clubs had zeroed in on Emerson, they felt they would like to get involved in assisting with the renovation of the facility. Additionally, knowing that the Club would be somewhat limited on dollar commitments, Director Ron Williamson submitted the facility for new group playground equipment through the Parkland Act Grant of 1986. The project was started and meetings followed with Administration, the Lions Club officers, and the Parks and Recreation Commission. All bought into the project and saw its value. The City Council approved some $7,500 architectural conceptual drawings of the general park, i.e. Richard Bigler under contract for this service, and the Hale Park master plan. Mr. Bigler completed his renderings and conceptual ideas, it was approved by Commission, and the Lions Club at this point became involved, with Club member Arlie Preszler's architectural firm doing specific playground area renderings. The Parkland Act Grant request had also been approved, and the City installed new Miracle equipment at the park. At the completion of Mr. Preszler's work, the renderings went to the Parks and Recreation Commission again for approval of design and layout of the area. The Commission approved the drawing, and a commitment was made by the Lions Club as to $20,000 cash donation and manpower/labor in installing various elements of the project. At an earlier Shirtsleeve Session a couple of concerns were expressed about the project: a) too much playground equipment planned for the area b) whether or not the Chief of Police had an opportunity to review the plan. 272 Continued February 1, 1989 Mr. Williamson advised that, following his review of the plan, Chief Williams commented on the lighting in and around the restrooms as well as general lighting in the park and submitted a written statement on the plan as to the height of the planters and plantings. Landscape Architect Jeff Gamboni, representing Ramsey-Derivi-Castellanos-Preszler gave a presentation regarding the project and outlined the costs as follows: The project will be divided into three phases which were explained in detail. Phase 1 Area Cost - $ 66,050.00 Phase II Area Cost 10,908.00 Phase III Area Cost 62,948.00 TOTAL COST VALUE $139,906.0 - Lions Club labor value cost 36,080.00 TOTAL PARK COST $175,986.00 Less Lions Club labor/services and cash donations - 56,080.00 Less current money in Account 121.0-760.83 - 22,000.00 TOTAL COST TO CITY FOR ALL THREE PHASES $ 97,906.00 10 The Lions Club commitment for repayment is five years at $4,000 per year up to a maximum of $20,000. A lengthy discussion followed with questions regarding the matter being directed to Mr. Williamson and Mr. Gamboni. Mr. Ken Heffel, President of the Lodi Lions Club addressed the City Council regarding the Lions Club commitment to this project. On motion of Council Member Hinchman, Olson second, the City Council approved an appropriation from the Capital Outlay Reserve in the amount of $24,000 for the first phase of the Emerson Park rehabilitation joint venture with the Lodi Lions Club and the acceptance of the total project commitment. AWARD CONTRACT FOR HUTCHINS STREET SQUARE SENIOR COMPLEX, 600 WEST OAK STREET RES. NO. 88-16 The City Council was advised that the Hutchins Street Square Senior Complex, 600 West Oak Street, consists of CC -12(c) renovation of the old Boys' and Girls' Gymnasiums and swimming pool into a Senior Complex -that fits into the master plan of the Community Center. The City of Lodi is the recipient of a $2.6 million gift from the estate of William G. Holz, a local industrialist. On August 31, 1988, $2 million was received; the final payment of 5632,000 was received on January 24, 1989. The 10 273 Continued February 1, 1989 will specified the monies be used to provide a senior facility. Morris and Wenell Architects and Planners, Inc. has designed a large multipurpose room, indoor swimming pool, senior information and referral center, senior day-care facility, and parking facilities. The City is currently negotiating a contract with Lodi Memorial Hospital to operate a senior day-care facility for 30 clients in one portion of the new Senior Complex. The overall plan includes, but funds are not available at this time, to provide the following amenities: landscaping, a walled garden area next to the day care center, an outdoor patio for the multipurpose room, additional parking facilities, and outdoor trellises. The City received two independent estimates on construction costs for this facility: Larry E. Hultgren Co. $2,618,354 Lee Saylor & Associates $2,659,340 Construction is estimated to take 10 months and, if begun in February 1989, then should be ready for occupancy by January 1990. Bids were opened on January 25 with the following results: Bidder F&H Construction Mark Diversified Bray & Sons Location Stockton Sacramento Modesto Base Bid $2,643,700 $2,758,000 $2,935,000 Alt. 1 - Delete metal -$9,500.00 -$2,405.00 +$2,400.00 roof—and install composition shingles Alt. 2 - Substitute wood floor Alt. 3 - Delete tile wainscot in pool area Alt. 4 - Delete signage Alt. 5 - Reduce size of sky Tight Alt. 6 - Delete concrete s—Tab in storage room Alt. 7 - Add 60 days to contract time Alt. 8 - Delete partial compTetion requirements and $20,000 penalty clause for certain rooms +$5,000.00 -0- -0- _$91980.00 -$9,980.00 -$12,000.00 -$750.00 +$1,000.00 -$700.00 -$21,204.00 -$15,000.00 +$2,800.00 -$3,000.00 +$3,300.00 -$2,200.00 -0- -0- +$151000.00 -$101000.00 -0- -$20,000.00 11 274 Continued February 1, 1989 The total project cost is estimated as follows: Construction (Base Bid) $2,644,000 Architectural Design Fees 184,000 Inspection (Architect + City Inspector + Special Testing) 85,000 Sidewalk on Rose & Oak* 13,000 Miscellaneous Items 6,000 Contingencies 100,000 3,032,000 Available funding in the Hutchins Street Square Fund is as follows: Holz Bequest $2,632,000 Interest thru December 1988 40,000 Anticipated Interest thru Contract 60,000 VOTING DELEGATE AND ALTERNATE SELECTED FOR AMERICAN PUBLIC POWER ASSOCIATION ANNUAL CONFERENCE CC -7(1) REPORT BY CITY ATTORNEY CONCERNING THE LEGALITY OF AWARDING A BID TO A LOCAL BIDDER IN THE EVENT OF A TIE BID CC -4(e) CC -6 CC -12(a) Total $2,732,000 The amount of additional funding necessary is $300,000. City Manager Peterson addressed the City Council regarding the matter and reviewed alternate methods of funding the shortfall. Mr. Dennis Bennett, Chairman of the Old Lodi High School Site Foundation, addressed the City Council regarding the matter indicating that they would be willing to make a personal commitment covered by a promissory note to fund the shortfall no later than upon completion of the project or one year. Following discussion with questions being directed to Staff and to the City Attorney, the City Council, on motion of Council Member Olson, Reid second, adopted Resolution No. 89-16 awarding the contract for the Hutchins Street Senior Complex, 600 West Oak Street, be made to F&H Construction, conditioned upon receipt by the City from the Old Lodi High School Site Foundation before February 17, 1989 of a promissory note for the shortfall of a maximum of $300,000, payable no later than one year from todays date or completion of the project, whichever occurs first. Further, that F&H Construction be advised of this condition and its assent be requested. On motion of Council Member Olson, Pinkerton second, the City Council designated Council Member Reid, as the voting delegate and Mayor Pro Tempore Snider as the voting alternate, .for the American Public Power Association Annual Conference, June 5 - 7, 1989. The City Attorney presented the following report concerning the legality of awarding the bid to a local bidder in the event of a tie bid: At the Council meeting of January 18, 1989, questions were raised concerning appropriate procedures in case of a tie bid, and also whether a local bidder could be given preference in such cases to break the tie. To my surprise, I found no cases or statutes on the point. In fact, the 12 Continued February 1, 1989 ORDINANCES AMENDED WATER CAPITAL IMPROVEMENT PROGRAM FOR 1988/89 ADOPTED ORD. NO. 1444 CC -15 CC -145 275 only case law I found at all on this topic came out of the State of New York, and generally specified that in such instances, the "commissioner" who was responsible for the letting of such contracts could make the decision as long as the basis of how the decision was made to award the contract to a specific bidder was explained. This doesn't help us much. I am aware that in other jurisdictions, tie bids have been broken by reference to either the postmarked date of the bid, or (as we have done here in Lodi) a coin toss conducted in the presence of the affected bidders. Either of these, or any other nondiscriminatory criteria, can probably be used. Such practice should be uniformly applied and probably should be spelled out in our bidding policies and requirements. As to the question of whether the City could use the place of business as a factor in determining who would win in tie bid situations, I believe it would be inappropriate. In such cases as City of In lewood, et al. v. Superior Court (1972) 7 C.3d —861, local pre erence was rejected by the California Supreme Court. The California Attorney General has also issued an opinion stating that counties may not establish bidding procedures under which a contractor is entitled to preference solely on the ground that the bidder's place of business was within that county (64 Ops.A.G. 670 (1981)). In this opinion, the Attorney General, referring to the City of Inglewood case, supra, stated ". . (T)he purposes of competitive bidding were confirmed by language of Cit of Inglewood, to the effect that it was in the public interest to have contracts awarded without favoritism and at the lowest price consistent with reasonable quality". (A.G.'s Opinion at 672) The Attorney General went on to state "Therefore, bidding procedures cannot be established which give preference to a contractor based on the location of his place of business." It is quite possible that this opinion would be adopted by a reviewing court to overturn any preferential factor based on the location of a bidder's place of business utilized by the City in awarding public contracts. Ordinance No. 1444 entitled, "An Ordinance of the Lodi City Council Approving Amended Water Capital Improvement Program for 1988/89", having been introduced at a regular meeting of the Lodi City Council held January 18, 1989, was brought up for passage on motion of Council Member Hinchman, Snider 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, Reid, Snider and Pinkerton (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None 13 276 Continued February 1, 1989 ADJOURNMENT There being no further business to come before the City Council, Mayor Pinkerton adjourned the meeting at approximately 8:50 p.m. ATTEST: Alice M. Reimche City Clerk 14