HomeMy WebLinkAboutResolutions - No. 2000-74RESOLUTION NO. 2000-74
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
REIMBURSEMENT BY THE CITY OF LODI TO PARK PLACE
DEVELOPMENT LLC FOR MONIES PAID TO PACIFIC BELL
WHEREAS, when a new subdivision is built within city limits, the City places
certain requirements on the developer for improvements in and around the subdivision;
and
WHEREAS, these requirements include surface street design and landscaping,
and when improvements are made to existing City streets, the relocation of existing
public utilities (electric, phone, cable TV, etc.) is frequently required; and
WHEREAS, if street improvements are a requirement of a developer, the costs
associated with utility relocation are typically bome by the developer, but if the street
improvements are a City project to be undertaken by the City, then each utility pays its
own costs of relocation or modification, which in this case is the later; and
WHEREAS, prior to the developer, Park Place Development LLC, beginning
development of Colvin Ranch, the City requested the developer perform certain
improvements beyond the scope of 1992 City requirements providing additional right-of-
way and landscaping on Stockton Street; and
WHEREAS, the City believed the costs associated with the planned widening of
__ _._Stockton Street could be greatly reduced given the developer of the nearby Colvin
Ranch subdivision would have necessary equipment on site. The developer agreed
provided that the City allow street improvements within the subdivision in accordance
with our current requirements, not the 1992 requirements and the City agreed; and
WHEREAS, late in 1998 and 1999, the City's Electric Utility Department began
efforts to coordinate the undergrounding of all public utilities around the intersection of
Almond Drive and Stockton Streets; and
WHEREAS, the Electric Utility wanted this done prior to completion of street
improvements, and around this time the developer was informed that Pacific Bell
deemed the project to be City required as opposed to City requested; and
Whereas, as a result, the developer was required to pay Pacific Bell $74,582.87
prior to proceeding with the street modifications, and did so in order to maintain a
reasonable construction schedule; and
WHEREAS, the project was delayed in excess of one year due to attempts of the
public utilities to coordinate their respective construction schedules, which has caused
increases in the developers costs of providing agreed services on behalf of the City, but
nevertheless, the developer has agreed to honor its commitment to the City; and
WHEREAS, the City has attempted in recent years to partner where possible
with local developers when such partnerships yield benefits to both the developer and
the City; and
WHEREAS, City staff recommends reimbursing Park Place Development LLC
for monies paid to Pacific Bell in an amount not to exceed $74,562.87; and
WHEREAS, City staff believes that partnerships with local developers will be
difficult in the future if the City does not continue to indemnify developers for costs and
specific circumstances such as these; and
WHEREAS, in addition to reimbursement, the contractor will assign its rights to
reimbursement from Pacific Bell to the City.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the reimbursement by the City of Lodi to Park Place Development LLC for costs
incurred while acting on behalf of the City in the amount of $74,562.87.
Dated: May 3, 2000
1 hereby certify that Resolution No. 2000-74 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 3, 2000 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land, Nakanishi, Pennino
and Mann (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
AC rUELINE AY 0
nteriity Cie k
2000-74