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HomeMy WebLinkAboutAgenda Report - November 2, 1983 (22)IMI UNI1W IXIMNIM, :ASSHS9MW DISUUCr City Clerk Reimiche apprised the City Council that Terry Piazza, Baumbach a Piazza, hadprovidedher office with written documentat ton -advising that hehad cavputed the toial:Kjiare footage of the area to be encompassed in the proposed,Uhited rf*mtom IWrovement District and.caqputed tlw:,total 'areas represented by the signatures on the petitions for the Districtand finds that the ownership of 61.4% of the, subject properties have signed the petition. Mr. Piazza further indicated that he does not certify the signattw, only that the purported owner has signed. Mr. Arlie Pressler, representing the Lodi Design Group, presented the following Information regarding the proposed district and responded to questions as were posed by members of the City Council. - Lodi Design Group agreed at the conception of the UDID project to set their fee equal to the fee proposed by qJ.AD Bngineering'r Inc. QM had proposed the following services and fee: Design Bng.aeering Field Wneering Preliminary Assessments Final Assesmmts Total of $55,512.00 In keeping with our original wmAttment, we are proposing a total fee of $55,512.00 less all payments received to date. These payments Include $10.000 paid to Lodi Design Group and $1,000 paid to Bauibach and Piazza. Our fee will cover the following work: Mwter Planning (completed) Prel,Iminary Assetmon t Preparation (caWleted) Cons t ruct I on DDCW=t a Final Assessment Services Cmatruction Administration It In to be noted that desIVMworkr around the Arch isdeletedr frCM this fee. These services are to be contracted directly with the City of'Lodi. The fee 18 to be dispersedmonthly an a thly basiriflin proportion to the un of work conpleted during the preceding month. Ninety percent of the total-feewill be allocated, to, the construction drawings and f11A1'1W sessment services. The remaining ton percent shall be allocated to construction administration. Quwil was further apprised that the folloWing were possible City responsibititles under this project: 'Arch area Improvements Pine Street - Saeramento to Win Sacramento Street (eastside) - Oak -to Elm 0Signal modification School and Pine School. and Lodi 0sacramento Street curb, gutter and sidewalk OAssessment District Bngineering fee (3%) OSurveying and curb design LCDI LNIT>D *Landscape maintenance of installed facilities � T�Klt�t ASSESS RT A lengthy discussion followed with questions being directed DISTINCT (QIVT'D) to Staif, to W. Preszler and to Mr. Nachman. Following discussion, Council took the following actions pertaining to the matter: a) On mot ion of Cuunc i 1 Mayber Reid, HnIft second, Coune i 1 received the certified petitions. b) On motion of Council M A)er Pinkerton, Reid second, nouneii, by motion action, authorized the expenditure of approximately $150,000 ($50,000 which will be from - Hote14otel Tax Funds and the balance from Street Funds) for the Arch area improvecaents, signal mndificaticros, Sacramento Street curb, gutter and sidewalk, Assessment District engineering fees, surveying and curb design, and the landscape maintenance of installed facilities. c) Council, on motion of Council Mmtber Murphy, Pinkerton second, authorized the expenditure of approximately $44,512.00 for various services and fees pertaining to the engineering work for the subject assessament district, which amount will be dispersed to the Lodi Design (roup on a monthly basis in proportion to the amount of work cmpleted during the preceeding month. d) Ch motion of Council Menber Pinkerton, Mnvhy second, Council adopted the following Resolutions: RIS 83-125 1) Resolution No. 83-125 - A Resolution Determining Cmpliance with Division 4 of the Streets and highways Code, and Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Acts for the Acquisition and/or Construction of Improvements, Without Further Proceedings Linder Said Division 4 of the Streets and Highways Code - Lodi United Downtown Assessrpnt District Beautification Project. RES 83-126 2) Resolution No. 83-126 - A Resolution Describing the Proposed Boundaries of Assessment and Directing Recordation of the Notice of Assessment. RBS 83-127 3) Resolution No. 83-127 - A Resolution Appointing Engineer and Attorneys for Lodi United DowntcAm Assessment District ' Beautification Project. SAUMBACH & PIAZZA October.27, 198? 123 W*st Elm StrW 95240 ., ktl f17' Mrs. Alice Reimche City Clerk City of Lodi Lodi, California Re:,,Certification of the Petitions for the United Downtown Improvement District Dear Mrs. Reimche:- This is to certify that I have computed the total square footage -of -the area to be-'encoopassed in thcpropdsed District. I have also computed the to I taT'areas represented by the signatures on the petitions.'for.the'Distri:ct. "I4-thd t" the:,ownership of 61.4% of the subject p . ropertieshave signid'the petition.—I do'not certify"tht:signaturev, only that the purported owner ha's signed. Sincerely,,_, i. TERRYPIAllA TP':Jc RESOLUTION NO. ` BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSFSSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS, WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 OF THE STREETS AND HIGHWAYS CODE LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bonds acts, and to assess the costs thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code, signed by the owners of more than 60% in area of the properties proposed to be assessed, has been filed with the City Clerk of this City for the acquisition and/or construction of the improvements hereinafter more particularly described; WHEREAS, the costs and expenses of said contemplated improvements are to be chargeable upon an assessment district benefited thereby, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area as more particularly shown on the map thereof on file in the office of the City Clerk, and which indicates by a boundary line the extent of the territory included in the proposed district, and which shall govern for all details as to the extent of the assessment district. Reference to said map is hereby made for further particulars. WHEREAS, said acquisitions and/or construction of improvements are more particularly described as follows: (a) The construction of improvements in the following street intersections, by grading, Including importation or excavation, and removal of certain existing improvements, and the construction and Installation therein of beautification and Improvement of street Intersections, including handicap access to crosswalks, the inlay of colored concrete interlocking pavers with six inch (6") wide concrete retention strips, and the Installation of ten feet (101) diameter cast -in-place concrete planters adjacent thereto for landscaping; and all appurtenances thereto, to wit: (1) School Street and Lodi Avenue; (2) School Street and Walnut Street; (3) School Street and Oak Street; (4) School Street and Pine Street; (5) School. Street and Elm Street; (6) School Street and Locust Street. (b) Tree planting and landscaping of all streets within the area included In the assessment district. -1- (e) The doing of ala work auxiliary to any of the above and necessary to complete the same. (d) The acquisition of all lands and easements necessary for any of said work and improvements. WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, that all the owners of more than 60% in area of the property subject to assessment for said acquisition and/or construction of improvements have signed and filed with the City Clerk of this City a written petit -ion for the acquisition and/or construction of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. ITIS FURTHER FOUND, DETERMINED AND ORDERED that said proceedings for the acquisition and/or construction of said improvements shall be had pursuant to the Municipal Improvement Act of 1913, and bonds shall be issued upon the unpaid assessments thereof pursuant to the Improvement Bond Act of 1915, and that the applicable provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. IT IS FURTHER FOUND, DETERMINED AND ORDERED that the provisions of Division 4 of the Streets and Highways Code of the State of California, be, and they are hereby, dispensed with. DATED: November 2, 1983. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 83- was passed and adopted at a regular meet -Ing of the' City Council of the City of Lodi; held November 2, 1983, by the following vote: AYES: Councilmen NOES: Councilmen - ABSENT: Councilmen - ABSTENTIONS: Councilmen - ALICE M. KEIMCHE, City Clerk -2- RESOLUTION NO. BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT AND DIRECTING RECORDATION OF NOTICE OF ASSESSMENT LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, this Council proposes to undertake proceedings for the formation of an assessment district for the acquisition and/or construction of improvements in the City of Lodi; NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district and which shall govern for all details as to the extent of the district, reference to such map hereby being made for particulars. Said map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. 2. On the original and at least one copy of said map the City Clerk shall endorse her certificate evidencing the date and adoption of this resolution. The Clerk shall file the original of such map in her office and within fifteen (15) days after adoption of the resolution fixing time and place of hearing on the formation or extent of said district, and In no event later than fifteen (15) days prior to such hearing, shall file a copy thereof with the County Recorder of San Joaquin County. .'.. The County Recorder shall endorse on the copy of the map of the assessment district the time and date of filing, and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office and shall index such map by the name of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 4. After confirmation of the assessment by this Council, the City Clerk shall file in the office of the County Recorder of San Joaquin County a copy of the assessment diagram. 5. The County Recorder shall endorse on the copy of the assessment diagram filed with him the time and date of filing and shall fasten the same securely in the Book of Maps of Assessment Districts in which he Is obligated to keep boundary maps of assessment districts and shall Index such assessment diagram by the name of the entity conducting the proceedings and by reference to page of the book of maps of assessment districts In which the boundary map of said assessment district was filed in said book. 6. After the recording of the assessment and diagram In the office of the Director of Public Works, the City Clerk shall execute and record a notice of assessment z -1- in the office, of the'County Recorder of San Joaquin County in substantially the form provided in Section 3114 of the Streets and Highways -Code. From the date of such recording, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or the last principal coupon attached thereto. 7. The appropriate officer or officers are hereby authorized to pay filing fees and recording fees required by law in connection with the filing of said map and assessment diagram and the recording of said notice. DATED: November 2, 1983. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 83 - was passed and adopted at a regular meeting of the City Council of the City of Lodi, held November 2, 1983, by the following vote: AYES: Councilmen - NOES: Councilmen - ABSENT: ABSTENTIONS: Councilmen - Councilmen - ALICE M.. RRIMCHE9 ty Clerk -2- (/ RESOLUTION NO. BEFORE THE CITY COU?: CIL OF THE CITY OF LODI, CALIFORNIA A RESOLUTION APPOINTING ENGINEER AND ATTORNEYS LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, said Council intends to undertake assessment proceedings for the acquisition and/or construction of improvements in the City of Lodi, California; and WHEREAS, the public interest and general welfare will be served by appointing and employing engineers and attorneys for the preparation and conduct of said proceedings and work in connection with said improvements; NOW, THEREFORE, IT IS ORDERED as follows: 1. That MORRIS & WIN NELL, Lodi, California, be appointed Architects of the project, and directed to do and perform all planning and design work necessary in and for said proceedings, and that their compensation be fixed by agreement with the City, said compensation to be assessed as an incidental expense of said proceedings. 2. That BAUMBACH do PIAZZA, Lodi, California, be appointed Engineer of Work and directed to do and perform all engineering work necessary in and for said proceedings, and that their compensation be fixed by agreement with the City, said compensation to be assessed as an incidental expense of said proceedings. 3. That BLEWETT, GARRETSON do HACHMAN, A Professional Corporation, be and it is hereby appointed and employed to do and perform all legal services required In the conduct of the proceedings, including the preparation of all papers not required to be prepared by the Engineer (exclusive of printing and preparation of bonds, bond and auditor's register, printing, mailing and publication of notices), examining and approving the engineering documents, advising the Engineer in the preparation of his work., advising all City officials on all matters relating thereto when called upon, and furnishing its legal opinion on the validity of said proceedings and bonds, and that Its compensation be, and It Is hereby fixed at 3% of the total assessments levied, together with reasonable fees for any services rendered in acquiring easements or in eminent domain or other sults, said compensation to be assessed as an incidental expense of said proceedings. DATED: November 2, 1983. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 83- was passed and adopted at a regular meeting of the City Council of the City of Lodi, held November 2, 1983, by the following vote: AYES: Councilmen - x Jack Bown Stan Aust Barbara McWilliams Terry Knutson Harry Schumacher Fred Weybret John Graffigna Jim Pinkerton Lodi Design Group Staff Council liaison- Alice Reimche .� _foo UDID Project, Possible City Responsibilities: Arch area improvements 0 Pine Street - Sacramento to Main Sacramento Street (eastside) Oak to Elm Signa) -modification School and Pine School and Lodi Sacramento Street curb, gutter and sidewalk *.Assessment District engineering fee Surveying and curb design Landscape maintenance of installed facilities UD1D Project it Possible City Responsibilities: 5b1t"000o ° Arch area improvements Pine Street - Sacramento to Main Sacramento Street (eastside) - Oak to Elm CM .. o w o C� c ngonEP BAUMBACH & PIAZZA October 27, 1983 Mrs. Alice Reimche City Clerk City of Lodi Lodi, California 1 32' West Elm Street 7 LQA, Gallirnla 95240 PbppQ-; 09) 368-6618