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Home My WebLink AboutAgenda Report - June 7, 2017 G-01 PHTM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Continued Public Hearing to Receive Written or Oral Protests to the City's Intention to Sell City -Owned Real Property Located at 705 East Lodi Avenue (Former Fire Station 2; APN 043-230-06), and Adopt Resolution Authorizing the City Manager to Proceed with the Sale of the Property MEETING DATE: June 7, 2017 PREPARED BY: Business Development Manager RECOMMENDED ACTION: Conduct a Public Hearing to Receive Written or Oral Protests to the City's Intention to Sell City -Owned Real Property Located at 705 East Lodi Avenue (Former Fire Station 2; APN 043-230-06), and adopt resolution authorizing the City Manager to proceed with the sale of the property. BACKGROUND INFORMATION: On April 19, 2017 the Council adopted a resolution of its finding and intention to sell the property located at 705 East Lodi Avenue (former Fire Station 2) and to set May 17, 2017 as the date for a public hearing to allow written or oral protests to the proposed sale. The resolution was subsequently published by the City Clerk in the Lodi News Sentinel on April 22, 2017. The resolution was also posted in three conspicuous places upon the property (Government Code Section 37424). For the Council's information, staff has attached a copy of the August 6, 2014 Council Communication explaining the funding strategy for the Fire Station 2 replacement project which included sale of the subject property to fund a portion of the project. Since the opening of the new Fire Station 2 facility on Cherokee Lane, the property has been underutilized and is primarily used for storage. The subject property consists of land approximately one acre in size and an approximately 6,000 square -foot building. Staff has been approached by several parties interested in purchasing the property, most often citing the building and its location as the primary attractors. In order to ensure appropriate pricing and to determine the sale of City property does not constitute a gift of public funds, staff had the property appraised by W.F. Bambas Appraisal Company. Information regarding the appraised value will be provided to the Council in closed session and the Council shall determine if it will publicly disclose the value prior to proceeding with the competitive bid process. In the event there are no written or oral protests, or the Council overrules the protests by a four-fifths vote, it may take final action on a four-fifths affirmative vote of its members to proceed with the sale of the property (Government Code Sections 37420-37430), and authorize staff to proceed with offering the property for sale through an open competitive bid process. The Council may ultimately reject any or all bids, or accept that bid, which will, in its opinion, best serve the public interest. FISCAL IMPACT: Revenue from the sale will be used to replenish funds borrowed from General Fund capital to fund construction of the replacement project until the sale could be completed. Th opportunity cost is unknown and is largely dependent upon the City's jlar property in the future. FUNDING AVAILABLE: Not applicable. Adam :hick - Business Development Manager APPROVED: � �.!!*. hen ---17Mr, bauer, City Manager TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Awarding Contracts for Fire Station No. 2 Replacement Project to Diede Construction, Inc., of Woodbridge, for Construction ($4,227,740) and Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($150,000) and Appropriating Funds ($5,231,400) MEETING DATE: August 6, 2014 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contracts for Fire Station No. 2 Replacement Project, to Diede Construction, Inc., of Woodbridge, for construction, in the amount of $4,227,740, and Neil O. Anderson and Associates, of Lodi, for construction testing and inspection services, in the amount of $150,000, and appropriating funds in the amount of $5,231,400. BACKGROUND INFORMATION: The project will replace the existing Fire Station No. 2 with a new 7,900 -square -foot facility, complete with two apparatus bays, four sleeping rooms, living areas, equipment storage, exercise room, offices, public lobby and 1,800 -square -foot support vehicle storage building. Drawings of the project site, floor plan and elevations are attached for reference as Exhibit A. The project was designed and bid to allow for design/build of the building structural system. Staff is recommending Bid Altemate No. 1 be accepted. Bid Alternate No. 1 would replace all on-site asphalt paving with structural concrete pavement. Concrete pavement will hold up to the weight and turning of the fire vehicles and decrease long-term maintenance costs. The cost of the alternate is $36,000 and is included in the requested award amount. The project will also include numerous off-site improvements. The Public Works Department will take advantage of the project timing to perform necessary improvements to area streets and utilities. Neil O. Anderson and Associates will provide the required construction testing and inspection services for this project. Plans and specifications for this project were approved on April 2, 2014. The City received the following four bids for this project on June 26, 2014. Diede Construction, Inc., has signed the required Local Hire forms and will conform to the requirements. Bidder Location Base Bid Engineer's Estimate $3,216,941 Diede Construction, Inc. Woodbridge $4,191,740* Simile Construction Service, Inc. Modesto $4,359,037* Bobo Construction, Inc. Elk Grove $4,942,150 Meehleis Modular Buildings, Inc. Lodi $5,100,211 *Corrected total APPROVED: Stephen Schwabauer, City Manager K:\WP\PROJECTS\MISC\FireSta2\FIre Station #2 Replacement 20131CAward.doc 7/31/2014 Adopt Resolution Awarding Contracts for Fire Station No. 2 Replacement Project to Diede Construction, Inc., of Woodbridge, for Construction ($4,227,740) and Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($150,000) and Appropriating Funds ($5,231,400) August 6, 2014 Page 2 FISCAL IMPACT: The new Station will eliminate ongoing maintenance costs at the former Fire Station No. 2 facility. FUNDING AVAILABLE: This project will be funded through a combination of contributions from one- time funds, debt service savings, contributions from the Fire Department Vehicle Replacement fund, contributions from Streets and Water funds for off-site improvements, sale of property and unbudgeted property tax receipts in Fiscal Year 2014/15. Details for each funding source are listed below. An appropriation adjustment form is attached. The difference between the total project funding and the project budget is the remaining rent on the modular facilities at the existing Fire Station No. 2. Source Amount General Fund Capital Outlay (Fund 1211) $690,000 Debt Service Savings (Fund 1211) $3,388,100 Fire Dept. Vehicle Replacement (Fund 120) $125,300 Measure K (Fund 325) $189,000 Water Capital Fund (Fund 181) $189,000 Sale of Property (Fund 1211) $400,000 Property Tax (Fund 100) $250,000 Total $5,231,400 Jordan Ayers Deputy City Manager/Internal Services Director F. Wally Sandelin Public Works Director Prepared by Gary Wiman, Construction Project Manager FWS/GW/pmf Attachment cc: Fire Chief K:\WP\PROJECTS\MISC\FireSta2\Fire Station #2 Replacement 2013\CAward.doc 7/31/2014 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept - Bud el Division — 3. FROM: Jordan Ayers 5. DATE. 816114 4. DEPARTMENT/DIVISION: Internal Services B. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW A. SOURCE OF FINANCING B. USE OF FINANCING FUND # 1211 1211 1211 1202 325 181 100 BUS. UNIT# ACCOUNT # 4210 5391 3205 3205 ACCOUNT TITLE Operating Transfers In Sale of City Property Fund Balance Fund Balance AMOUNT $ 753,300.00 400,000.00 5 4,078,100.00 $ 125,300.00 1211 1211045 3205 3205 5011 Fund Balance Fund Balance Property Taxes $ 189,000.00 $ 189,000.00 $ 250,000.00 1825.2200 Fire Station 2 $ 5.231.400.00 1202 325 181 4220 4220 iDperating Transfers Out Operating Transfers Out $ 125,300.00 $ 189.000.00 100 4220 4220 Operating Transfers Out Operating Transfers Out $ 189,000.00 $ 250.000.00 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Appropriation for construction of Fire Station 2 Including transfers from Fire Vehicle Replacement ($125,300), Streets ($189,000), Water ($189,000) and General Fund ($250,000). If Council has authorized the appropriation adjustment, complete the following; Meeting Date: 816114 Department Head Signature: (- Res No: Attach copy of resolution 10 this form. S. APPROVAL SIGNATURES Deputy City Manager/internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2017-108 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE SALE OF CITY -OWNED PROPERTY (FORMER FIRE STATION NO. 2) LOCATED AT 705 EAST LODI AVENUE, LODI, CALIFORNIA (APN 043-230-06) WHEREAS, pursuant to Government Code section 37420 et seq., the Lodi City Council adopted Resolution No. 2017-74, establishing an alternative procedure for the City to sell real property located at 705 East Lodi Avenue, Lodi, California (APN 043-230-06); and WHEREAS, by adopting Resolution No. 2017-74, the City Council fixed May 17, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 West Pine Street, Lodi, California, 95240, as the time and place for public hearing to, receive written or oral protests to the City's proposed sale of certain City -owned real property; and WHEREAS, at the May 17, 2017, meeting, the City Council continued the hearing to June 7, 2017; and WHEREAS, notice of the meeting and the proposed sale has been published and posted as required by the Government Code section 37420 procedure; and WHEREAS, no oral or written protests were received in opposition to the proposed sale of City -owned property located at 705 East Lodi Avenue, Lodi, California. WHEREAS, four-fifths affirmative vote of the Lodi City Council is required to authorize the sale of the City -owned property located at 705 East Lodi Avenue, Lodi, California. NOW, THEREFORE, BE IT RESOLVED that on a unanimous affirmative vote, the Lodi City Council does hereby authorize the sale of City -owned property located at 705 East Lodi Avenue, Lodi, California (APN 043-230-06); and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager, or designee, to take the necessary steps to proceed with the sale of the property in the time and manner provided by law (Gov. Code §§37425 and 37426); and BE IT FURTHER RESOLVED this Resolution is effective immediately upon adoption. Dated: June 7, 2017 I hereby certify that Resolution No. 2017-108 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2017-108 NIFER ? . RRAIOLO ity Clerk SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS NOTICE OF PUBLIC HEARING — INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) PUBLISH DATE: SATURDAY, APRIL 22, 2017 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, APRIL 20, 2017 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@Iodinews.com at /0 '[time: on _ 41§DI(64 (pag95) LNS Phoned to confirm receipt of all pages at (time) ES PMF tinitials) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City - owned real property located at 705 East Lodi Avenue (formerly Fire Station No, 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on April 20, 2017, at Lodi, California. `12 e 4 PAMELA M. FARRIS DEPUTY CITY CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Thursday, April 20, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City - owned real property located at 705 East Lodi Avenue (formerly Fire Station No. 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at three locations on the property at 705 East Lodi Avenue. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 20, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ADAMB" ''EI BUSINESS DEVELOPMENT MANAGER N:'Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTat property.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2017-74 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS FINDINGS OF PUBLIC INTEREST AND CONVENIENCE AND INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING TO RECEIVE PROTESTS AND GIVING NOTICE THEREOF EXHU3T_ij WHEREAS, Government Code § 37420 et seq., authorizes the City to dispose of City -owned property when it finds the public interest and convenience require the sale of any public building and site dedicated to a public use; and WHEREAS, in an effort to identify City -owned real property assets that may be candidates for disposition, at the January 31, 2017 City Council Shirtsleeve meeting staff reviewed several underutilized City -owned properties with the City Council; and WHEREAS, staff was directed by City Council to return to a regular meeting with a recommendation to sell the approximately one -acre property and its improvements located at 705 East Lodi Avenue (former Fire Station No. 2), which has been underutilized since the opening of the new Fire Station No. 2 facility on Cherokee Lane in December 2015; and WHEREAS, the City Council finds that the property located at 705 East Lodi Avenue has been primarily used for storage since December 2015, and such use is not necessary for City operations, does not fully utilize the property, and City does not foresee a public use or need for the property in the near future; and WHEREAS, the City Council finds public interest and convenience require the sale of the property located at 705 East Lodi Avenue; and WHEREAS, in order to ensure appropriate pricing and to determine the sale of City property does not constitute a gift of public funds, staff had the subject property appraised by W.F. Bambas Appraisal Company; and WHEREAS, sale of the subject property would generate new one-time revenue that could be used to augment existing revenue sources; and WHEREAS, if Council on four-fifths affirmative vote at the May 17, 2017 public hearing authorizes the sale of the subject property, staff will proceed with offering the subject property for sale through an open competitive bid process; and WHEREAS, following the bid process the Council may reject any or all bids, or accept that bid, which will, in its opinion, best serves the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth hereinabove are true and correct. 2. The City Council finds that the public interest and convenience require the sale of the approximately one -acre City -owned property located at 705 East Lodi Avenue (former Fire Station No. 2; Assessor's Parcel Number 043-230-06; the "Property"). 3. The City Council adopts this resolution of findings and intention to sell the Property in accordance with Government Code § 37420 et seq. 4. The time and place for the public hearing to receive written or oral protests to the intention to sell the Property, if any, are set for May 17, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers located at Carnegie Forum, 305 West Pine Street, Lodi, CA, 95240. If no protests are received or the City Council overrules the protests by a four-fifths vote, it may take final action on a four-fifths affirmative vote of its members to proceed with the sale of the Property (Gov. Code §§37425 and 37426). 5. At any time prior to final action by the City Council authorizing the sale of the Property, any person interested may protest the proposed sale. The protest may be written and delivered to the City Clerk on or before the May 17, 2017 public hearing or made orally at the May 17, 2017 public hearing. The Council shall hear and pass upon any protest (Gov. Code §37424). 6. If adopted, this resolution shall be published by the City Clerk for circulation in the Lodi News Sentinel. This resolution shall also be posted for not Tess than ten (10) days in at least three (3) conspicuous places upon the Property (Gov. Code §37423). 7. This resolution shall take effect immediately upon its adoption by the City Council. Dated: April 19, 2017 I hereby certify that Resolution No. 2017-74 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 19, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ?—�t,(A)-0-4) CiEfifNIFER M( ERRAIOLO ty Clerk 2017-74 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF CONTINUED PUBLIC HEARING — INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMER FIRE STATION NO. 2) PUBLISH DATE: SATURDAY, MAY 20, 2017 LEGAL AD TEAR SHEETS WANTED: One (1} please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, MAY 18, 2017 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK az-ri-4e4a L7/9.2. PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at JO'•O ime) on -56 I (date) (pages) LNS Phoned to confirm receipt of all pages at (time) EB PMF (initials) forms\advins.doc DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Thursday, May 18, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City - owned real property located at 705 East Lodi Avenue (formerly Fire Station No. 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on May 18, 2017, at Lodi, California. .f.4 . 177 PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO RECEIVE PROTESTS REGARDING THE CITY'S INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 705 EAST LODI AVENUE (FORMERLY FIRE STATION NO. 2, APN 043-230-06) On Friday, May 19, 2017, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to receive protests regarding the City's intention to sell City -owned real property located at 705 East Lodi Avenue (formerly Fire Station No. 2, APN 043-230-06) (attached and marked as Exhibit A), was posted at three locations on the property at 705 East Lodi Avenue. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 19, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK BUSINESS DEVELOPMENT MANAGER N:\Administration\CLERK\Public Hearings \AFFADAVITS\DECPOSTat property.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: June 7, 2017 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 11:--` ��:. �". h l NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 7, 2017, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Receive written or oral protests to the City's intention to sell City -owned real property located at 705 East Lodi Avenue (former Fire Station No. 2; APN 043-230-06), and consider adopting resolution authorizing City Manager to proceed with the sale of the property. Information regarding this item may be obtained in the Office of the City Manager, 221 West Pine Street, Lodi, (209) 333-6700. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: -Yyy Jre, ifer M. rraiolo y Clerk Dated: May 17, 2017 Approved -as to form: Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor (lame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES1Not_SaleofProperty.doc 5/18/17