HomeMy WebLinkAboutMinutes - January 5, 2000LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARYS, 2000
7:00 P.M.
1. ROLL CALL
Present: Council Members — Hitchcock, Land, Nakanishi, Pennino and Mann (Mayor)
Absent: Council Members — None
Also Present: City Manager Flynn, City Attorney Hays and City Clerk Reimche
Seated at the staff table were: Deputy City Manager Keeter, Public Works Director Prima,
Community Development Director Bartlam and Finance Director McAthie
Other staff members were seated in the audience.
2. INVOCATION
The invocation was given by Pastor Bruce Logue, Ham Lane Church of Christ.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Mann.
4. AWARDS / PROCLAMATIONS / PRESENTATIONS
a) Mayor Mann presented the January Community Improvement Award to Raymond Hetzler,
the owner/occupant of the residential property located at 811 South Pleasant Avenue.
b) Theresa Yvonne, Arts Coordinator, updated the City Council on the many activities and
accomplishments of the Lodi Arts Commission.
C) Patty Radotic, Co -Chair of the Breakthrough Project, made a presentation to the City
Council regarding the Breakthrough Project, Celebration of Unity. Mayor Mann presented
a proclamation to Ms. Radotic proclaiming January 17, 2000 as "Racial and Ethnic Unity
Day".
CONSENT CALENDAR
In accordance with report and recommendation of the City Manager, Council, on motion of
Council Member Hitchcock, Nakanishi second, unanimously approved the following items
hereinafter set forth except those otherwise noted:
a) Claims were approved in the amount of $5,412,946.91.
b) The minutes of December 15, 1999 (Regular Meeting) were approved as written.
C) Received the report of the sale of scrap metal to the sole bidder, B & G Machinery of Lodi,
who paid $3,339.58 for the following items:
Insulated Aluminum 9,130 lbs.
Bare and Insulated Copper 2,210 lbs.
Insulated AI/Concentric Copper 12,364 lbs.
Scrap Iron 1 lot
Continued January 5, 2000
d) Authorized the sale of scrap wire and metal at periodic intervals during the calendar year
2000.
e) Approved the specifications for eleven units of Padmount Liquid Insulated Vacuum
Switchgear and authorized advertisement for bids. (Due to a conflict of interest,
Council Member Pennino abstained from discussion and voting on this matter.)
f) Agenda item #E-6 entitled, "Award contract for Lodi Lake fishing dock, 1101 West Turner
Road" was removed from the Consent Calendar and discussed and acted upon under the
Regular Calendar.
g) Adopted Resolution No. 2000-02 accepting the improvements under the Highway 12 —
Kettleman Lane/Highway 99 Interchange Improvements contract, directed the City
Engineer to file a Notice of Completion with the County Recorder's office and approved
the installation of no -parking zones on the north side of Kettleman Lane, from the
Highway 99 northbound ramp to 360 feet east of New Beckman Road; and on New
Beckman Road, from Kettleman Lane to 1,600 feet north of Kettleman Lane.
h) Accepted the improvements under the Elm Street Reconstruction and Bike Lane Striping,
Hutchins Street to Lower Sacramento Road contract; directed the City Engineer to file a
Notice of Completion with the County Recorder's office; and appropriated funds according
to staff recommendation.
Accepted a donated U.S. Military surplus pickup truck to be equipped as a Bomb Squad
response vehicle, replacing their existing SUV.
D Accepted the donation of a 1990 Ford F700 armored truck from Armored Transport of
California, Inc. (The truck would be assigned to the Lodi Police Department SWAT Team,
and would be used as a hostage rescue and tactical operations vehicle.
k) Agenda item #E-11 entitled, "Establish Residential All -Electric Rate Schedules (new)" was
pulled from the agenda pursuant to staffs request.
Agenda item #E-12 entitled, "Resolution to support the passage of Proposition 12, the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
m) Authorized the City Manager to enter into a Reimbursement Agreement with G -REM Inc.,
for the City's share of the West Side Facility Master Plan. This action will allow the City of
Lodi to reimburse G -REM, Inc. (Geweke Properties) for consultant costs associated to the
West Side Public Facility Master Plan. (Due to a conflict of interest, Mayor Mann
abstained from discussion and voting on this matter.)
6. ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
a) Agenda item #E-12 entitled, "Resolution to support the passage of Proposition 12, the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000°.
Council Member Nakanishi removed this item from the Consent Calendar in order to
request that a report be given on the subject.
Parks and Recreation Director Williamson reported that Proposition 12 (AB 18) will
provide to the City of Lodi roughly $500,000 for the acquisition, development,
rehabilitation, and restoration of real property for park purposes in it's Per Capita I and
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Continued January 5, 2000
Per Capita II programs. In addition, funds will be made available for competitive grants
(Robert-Z'berg-Harris program) that can be used for infrequent refurbishing or innovative
recreation programs that meet otherwise unmet needs.
Governor Gray Davis signed AB 18 in September. Citizens will vote on the proposition on
the March 7, 2000 ballot, which needs only a simple majority to pass.
The City Council was reminded that the City's list of deferred maintenance and general
projects is long. This proposition could be a major boost to getting these projects
completed.
Parks and Recreation Director Williamson also read the following report from the
California Taxpayers' Association regarding the fiscal impacts of Proposition 12.
"The California Taxpayers' Association (Cal -Tax) supports Proposition 12, the Parks,
Water, and Coastal Protection Bond Act on the March 7, 2000 ballot. This bond would
provide $2.1 billion in funding for needed improvements to local and state parks and
conservation projects. Cal -Tax endorses Proposition 12 because it is fiscally responsible,
it does not raise taxes, and it pays for projects that are important for all Californians.
Parks are an important component of California's quality of life. Eleven years have
passed since the last state bond funds were approved for park improvements. State
general obligation bonds like Proposition 12 do not cause a tax increase. Payments on
the bond will be made over 20 to 25 years from existing revenues in the state general
fund. The passage of a bond merely commits the Legislature to make these bond
payments one of their highest budget priorities as they allocate funds. Proposition 12 will
require about $140 million a year in debt payments — this is about 0.2 percent of next
year's projected general fund budget. This small fraction is a reasonable amount to pay
for investing in important facilities that will benefit future generations. It is important that
California fund these types of projects while the economy and the state budget are
strong."
Council Member Nakanishi voiced his opposition to the issuance of more bonds,
particularly when the State has a surplus of funds.
Following further discussion, the City Council, on motion of Council Member Land,
Hitchcock second, adopted Resolution No. 2000-03 entitled, "A Resolution Of The Lodi
City Council In Support Of Safe Neighborhood Parks, Clean Water, Clean Air, And
Coastal Protection Bond Act Of 2000 (Proposition 12)" by the following vote:
Ayes: Council Members — Hitchcock, Land, Pennino and Mann (Mayor)
Noes: Council Members — Nakanishi
Absent: Council Members — None
7. PUBLIC HEARINGS
None.
8. COMMUNICATIONS (CITY CLERK)
a) On recommendation of the City's Risk Manager and/or the City's contract administrator,
Insurance Consulting Associates, Inc. (ICA), the City Council, on motion of Council
Member Pennino, Hitchcock second, unanimously rejected the following claims:
1. Nola Butler, date of loss 10/16/99
2. Angela Gaubay, date of loss 7/26/99
3. Carole Ruff, date of loss 11/4/99
4. Jeannette Weyand, date of loss 713199
Continued January 5, 2000
b) The following report was presented to the City Council:
Planning Commission report of December 8, 1999
9. REGULAR CALENDAR
a) Agenda item #H-1 (previously #E -s on the consent Calendar) entitled, "Award contract for Lodi
Lake fishing dock, 1101 Turner Road".
Public Works Director Prima reported that this project is part of the approved master plan
for the south side of Lodi Lake. This facility will provide the physically impaired access to
fishing as well as access to the interpretive boat tours. The project was approved by the
Parks and Recreation Commission at its November 4, 1997 meeting.
Bids for this project were opened on November 3, 1999, and a recommendation to award
the contract was presented at the December 15, 1999 Council meeting. At the December
15 Council meeting, GTS Construction, the apparent low bidder, asked Council to reject
its bid because its concrete subcontractor was not willing to do the concrete work for the
price they had quoted to GTS during the bidding. The concrete subcontractor presented
GTS Construction with a very low bid for the concrete work and they did not allow for any
contingencies in the event shoring was needed to support the caisson excavations. A
preconstruction meeting had been held with GTS Construction on December 7, 1999. At
that meeting, staff expressed its uncertainty about the stability of the lake bottom and
emphasized that the City would not issue a contract change order should additional costs
be incurred in supporting the caisson excavations. Council tabled the award of the
contract until the January 5, 2000 meeting.
The delay in awarding the contract has created an opportunity for GTS Construction to
withdraw its bid proposal. The specifications for this project stated that the City would
award a contract within 45 days of the bid opening. The December 15 meeting was held
42 days after the bid opening and the January 5 Council meeting will be held 63 days after
the bid opening. After the December 15 Council meeting, staff sent a fax to all the bidders
asking whether they would be willing to extend their bid proposal prices for an additional 45
days. GTS Construction returned a negative response and H. Max Lee conditioned his
response by agreeing to hold his bid prices for 65 days from the bid opening. The three
other bidders returned a positive response and are willing to accept a contract award within
90 days of the bid opening.
Hetzler Construction, of Lodi, is now the apparent low bidder. Mr. Raymond Hetzler has
met with City staff and reviewed the project. His main concern is the weather and his
ability to pour the concrete caissons before the lake is filled in March. If we continue to
have dry weather, Mr, Hetzler feels that he can complete the caisson work. Hetzler
Construction's bid for the caisson work is more than twice that of GTS Construction's bid
($37,713.00 as compared to $17,875.01).
The fishing dock project was bid with optional bid items because staff was concerned that
there would be insufficient funds to build the entire dock. The original budget for this
project is $81,000.00 ($53,000.00 of Community Development Block Grant funds and
$28,000.00 from Parks and Recreation Capital Improvement funds). Staff recommended
that $11,000.00 of the Parks and Recreation Capital funds for the Lodi Lake Beach Area
Parking Lot Improvements be used to fund the balance of the fishing dock project. This
will construct the entire fishing dock with the option bid items included.
Plans and specifications for this project were approved on November 19, 1997. The City
received the following five bids for this project:
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Continued January S, 2000
Bidder Location
Base Bid + Option Bid Items
Engineer's Estimate
$ 92,420.50
Hetzler Construction Lodi
$ 87,513.00
Barham Inc. Ceres
$108,500.00
Diede Construction Woodbridge
$142,303.00
H. Max Lee Lodi
$150,556.00
(GTS Construction, of Galt, submitted a bid of $76,061.37, but did not want the City to use
its bid proposal prices more than 45 days past the bid
opening date.)
Following discussion, with questions being posed by the Council to the Public Works
Director, the City Council, on motion of Council Member Pennino, Hitchcock second,
unanimously adopted Resolution No. 2000-01 awarding the contract for Lodi Lake fishing
dock, 1101 West Turner Road to Hetzler Construction, of Lodi, in the amount of
$87,513.00 (base bid plus option bid items A through E) and appropriated funds in
accordance with staff recommendation.
b) Agenda item #H-2 (previously #H-1 on the Regular calendar) entitled, "Report to Council on
Financial Audit for Fiscal Year 1998-99".
Finance Director McAthie reported that the annual audit was conducted to reassure the
City Council and other interested parties that the City's financial records and reports are
prepared in accordance with generally accepted accounting principles (GAAP), that
internal controls are adequate to safeguard the City against loss from unauthorized use or
disposition of assets and that the City has complied with all agreements and covenants to
obtain grant funds and debt financing. KPMG LLP has issued an "unqualified opinion".
The reports will be provided to Federal and State oversight agencies, bond trustees and
insurance companies for their review and evaluation. Copies of the reports are provided
to the City Council and also available to the public by contacting the Finance Department
Accounting Manager or at the Lodi Public Library for reference.
Certificate of Achievement
The City received a Certificate of Achievement for Excellence in Reporting from the
Government Finance Officers Association (GFOA) and the California Society of Municipal
Finance Officers (CSMFO) for the sixth year in a row.
Acknowledgments
The Accounting staff of the Finance Department must be commended for their hard work
and professionalism in preparing the City's Annual Financial Reports. It is due to their
dedication to excellence and to the City that made Lodi recognized by the auditors and
other professional financial organizations. Finance Director McAthie congratulated Ruby
Paiste, Accounting Manager, and Cory Wadlow, Accountant I, for their hard work and
efforts, and introduced Odette Lourdes Bondoc with the Finance Department.
Bill Foster, Senior Manager of KPMG, presented a brief introduction of the financial audit
for fiscal year 1998-99.
Following a brief discussion, the City Council determined this matter would be reviewed in
greater detail at a future Shirtsleeve Session.
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Continued January S, 1000
10. ORDINANCES
a) Ordinance No. 1686 entitled, "An Ordinance Of The Lodi City Council Amending Lodi
Municipal Code Title 17 — Zoning, By Adding Chapter 17.73, Relating To Live
Entertainment Permits" having been introduced at a regular meeting of the Lodi City
Council held December 15, 1999 was brought up for passage on motion of Council
Member Land, Nakanishi 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 — Hitchcock, Land, Nakanishi and Mann (Mayor)
Noes: Council Members — Pennino
Absent: Council Members — None
11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
a) Don Lindsay, a local truck driver, 384 Valley Avenue, Lodi, stated that since the recent
passage of the ordinance restricting the parking of trucks in Lodi, he no longer feels
welcome in his own community. Mr. Lindsay indicated that when he receives an
assignment, he has only a certain period of time to complete the task. He talked about
the difficulties facing truck drivers and the impact this type of ordinance has on them. Mr.
Lindsay stated that the last time he spoke, he challenged Council Members to visit a local
truck stop to see how crowded it is. He commented that the proposed area for truckers to
park their vehicles is not adequate. He suggested that the City establish truck routes and
then allow trucks to park in those areas.
Mayor Pro Tempore Nakanishi stated that at the meeting when this was last discussed,
he had volunteered to work with truckers regarding their concerns, but as of this date he
had not been contacted by anyone. He again offered to help and stated that he would like
to talk further with Mr. Lindsay.
12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
a) Council Member Land applauded the Year 2000 Steering Committee for the outstanding
December 31, 1999 event and stated that the fireworks show was awesome. Council
Member Land also stated that he has received many favorable comments about the event
and that he feels the City of Lodi was the only City that provided a year-end celebration
program for kids.
b) Council Member Hitchcock indicated that she had previously asked that a review be made
of development impact fees and asked about the status of the request. Public Works
Director Prima responded that updating the impact fees was one of the items included in
this year's budget. Mr. Prima further stated that because of a change in the City's
financial statements and the conversion to J.D. Edwards, it had slowed the process, but
that he felt this would be coming to the City Council in the next quarter.
C) Mayor Mann stated that he would like to see the City go forward with the development of
a skateboard park and that he would like to impanel a group of local youngster to work
with staff on this. A brief discussion followed with a concern being expressed regarding
the City's liability as it pertained to a skateboard park.
d) Council Member Pennino added that he would like to see a member of the City's Greater
Lodi Area Youth Commission be a part of the appointed panel regarding a skateboard
park. The City Council tacitly concurred with the Mayor's recommendation concerning
this matter.
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Continued January S, 2000
e) City Manager Flynn announced that City Clerk Reimche will be celebrating her birthday
on January 11'h.
City Manager Flynn also applauded the year-end event and stated that he would like to
start planning for a like event for December 31, 2000.
Finally, City Manager Flynn praised City staff on the operation of the City's Emergency
Operations Center (EOC) on December 31, 1999, which was in operation from
approximately 6:00 p.m. to 2:00 a.m., January 1, 2000. Mr. Flynn reported that all those
involved did a great job.
13. CLOSED SESSION
Mayor Mann adjourned the City Council meeting at approximately 8:00 p.m. to a Closed Session
to discuss the following matter:
a) Prospective acquisition of real property located 2360 West Century Boulevard, Lodi, for
the G -Basin DeBenedetti Park Expansion, APN #058-230-02; the negotiating parties are
City of Lodi and Delmar Batch; Government Code §54956.8
14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
The City Council meeting reconvened at approximately 8:32 p.m., and disclosed that there was no
final action taken in this matter.
15. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
approximately 8:32 p.m.
ATTEST:
Alice M. Reimche
City Clerk
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