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Lodi City Clerk
P.O. Box 3006
Lodi, CA 952 41- 1910
RESOLUTION NO. 2005-04
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WHEREAS, as a condition of development, the developer is required to provide
the design and construction required to underground all aerial facilities along the
Kettleman Land frontage of the project site; and
WHERE
.AS, in order to provide for orderly development and to reduce casts and
minimize the impact of construction activities on Kettleman Lane, City staff requested that
the developer obtain the costs to underground the aerial facilities for the adjacent
properties west of the subject property (APN 031-040-20 and 031-040-40) in conjunction
with the subject development, which would complete the under rounding of existing
overhead utilities between Lakeshore give and frills Avenue, and the developer has
complied with this request; and
WHEREAS, staff has reviewed the costs and determined that $75,000 is needed
to complete the underground work on the adjacent properties; and
WHEREAS, the westerly properties are not developing at this time and the
developer has requested that the City provide reimbursement for the cost of those
improvements; and
WHEREAS, the City would be eligible for reimbursement for the casts of
undergrounding the aerial facilities benefiting the adjacent properties (APN 031-040-20
and 031-040-40) at the time of development of those properties in conformance with Lodi
!Municipal Coda 16.40, Reimbursements for Construction, which provides for annual
adjustments to provide for interest based on the Engineering News Record Construction
Cost Index; and
WHEREAS, staff recommends appropriating $75,000 to cover those costs, and
further recommends setting a public hearing by separate action to establish the area of
benefit for reimbursement to the City for those costs.
NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Lodi
hereby finds as follows.
1. Approves the Improvement Agreement for the Public Improvements of
1745 West Kettleman Lane, subject to direction regarding reimbursable
costs, and directs the City Manager and City Clerk to execute the
Improvement Agreement on behalf of the City.
2. That funds in the. amount of $75,000 be appropriated from the Electric
Utility Fund for reimbursement to the developer for the undergrounding of
aerial facilities on adjacent properties (APN 031-040-20 and 031-040-40).
3. Authorizes the City Manager to execute an amendment to the Agreement
for Maintenance of Landscape Area within State Highway Right of Way,
State Route 12 in the City of Lodi with Caltrans.
4. Authorizes staff to obtain a Caltrans encroachment permit for landscape
and irrigation improvements in the Kettleman Lane right-of-way being
installed with the subject project.
5. Authorizes the 04 Manager to execute a Maintenance Agreement with the
developer covering the developer's maintenance responsibilities for the
landscape and irrigation improvements in the Kettleman Lane right-of-way.
Dated: January 5, 2005
I hereby certify that Resolution No.. 2005-04 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 5, 2005, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, fflounce, and
Mayor Beckman