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HomeMy WebLinkAboutAgenda Report - February 2, 2005 I-01 PHAGENDA ITEM I a 1 CITY OF LODI ,. COUNCIL COMMUNICATION M AGENDA TITLE: Public Hearing to Consider Resolution Establishing an Area of Benefit and Reimbursable Costs for Design and Construction Required to Underground Aerial Facilities for 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40) MEETING DATE: February2,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution establishing an area of benefit and reimbursable costs for design and construction required to underground aerial facilities for 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40), as shown on Exhibit A. BACKGROUND INFORMATION: As a condition of development of the property located at 1745 West Kettleman Lane, the developerwas required to provide the design and construction required to underground all aerial facilities along the Kettleman Lane frontage of that project site. In order to providefor orderly development and to reduce costs and minimize the impact of construction activities on Kettleman Lane, City staff requested that the developer also obtain the costs to underground the aerial facilities for the adjacent properties west of the development site, 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) in conjunction with that development, thereby completing the undergroundingof existing overhead utilities between Lakeshore Drive and Mills Avenue. The developer complied with the City's request, and Council has approved reimbursement to the developer by the City in the amount of $75,000 to complete the underground work on the adjacent properties. Pursuantto Lodi Municipal Code (LMC) §16.40.030, the City is eligible for reimbursementfor the cost of improvements installed by the City that benefit adjacent properties and would be required of the properties upon development. The costs for undergrounding the existing aerial utilities along the Kettleman Lane frontages of the parcels located at 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) are thereby reimbursableto the City. The reimbursable costs for each of the benefiting properties have been calculated based on the length of frontage of each parcel and are shown in Exhibit B. The rei m bu rsement costs will be due at the time of development of the respective parcels. Pursuantto LMC §15.64.080, the reimbursable amount will be adjusted annually to include an amount attributable to interest, which will be based on the change in the Engineering News Record 20 Cities Construction Cost Index from December 2004 to January 15t of the year of reimbursement. To insure cost recovery, staff recommends that there be no expiration date for payment of the reimbursable amounts due for the parcels within the area of benefit. APPROVED: 3 Blair King, y Manager J \DEV SERVIGC Kettleman Lane Area cf Benefit doc 1/2712005 Public Hearing to Consider Resolution Establishing an Area of Benefit and Reimbursable Costs for Design and Construction Required to Underground Aerial Facilitiesfor 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40) February2,2005 Page 2 In conformancewith LMC 16.40, staff recommends that Council adopt a resolution establishing an area of benefit and reimbursable costs to recoverthe cost of undergroundingthe existing aerial utilities along the Kettleman Lane frontages of the benefiting properties located at 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40). The property owners have been contacted and have expressed their approval of this action. FUNDING: Not applicable a es R. Krueger, Finance Director Richard C. Prima. Jr. Public Works Director Prepared by Sharon A. Welch, Senior Civil Engineer RCP/SAW/pmf Attachments cc: Lyman Chang, Associate Civil Engineer Professional Contractors, Inc. Mr. & Mrs. John Bezug Ms. Maty Tsutaoka J.1DEV SERVICC Kettleman Lane Area of Benefit.doc 112412005 • CITY OF LODI EXHIBIT A AREA OF BENEFIT PUBLIC Xy, ORKS DEPARTMENT Crystalwood Ln, KETTLEMAN LN 0 ExhibitB City cf Lodi Public Works Department Kettleman Lane Undergorund Aerial Facilities Reimbursement Item Description 1 Design and Underground All Aerial Services Qty Unit Price Total 1 LS 75,000.00 $ 75,0( Total Reimbursable Costs $ 75,000.00 1811 W Kettleman 1833W Kettleman John Bezug Mary Tsutoaka 031-040-40 031-0 0-20 Total Total $ 27,037.0 $ 47,963.00 S 27.037.00 S 47.9&3.00 When Rewrded. Return to: City of Dodi City Clerk's Office P.OBox 3006 Lodi. CA 95241-1910 RESOLUTION NO. 2005-24 A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING AN AREA OF BENEFITAND REIMBURSABLE COSTS FOR DESIGN AND CONSTRUCTION REQUIRED TO UNDERGROUND AERIAL FACILITIES FOR 1833WEST KETTLEMAN LANE WHEREAS, as a condition of development of the property located at 1745West Kettleman Lane, the developer was required to provide the design and construction required to underground all aerial facilities along the Kettleman Lane frontage of that project site; and WHEREAS, in order to provide for orderly development and to reduce costs and minimize the impact of construction activities on Kettleman Lane, City staff requested that the developer also obtain the costs to underground the aerial facilities for the adjacent properties west of the development site, 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) in conjunction with that development, thereby completing the undergrounding of existing overhead utilities between Lakeshore Drive and Mills Avenue; and WHEREAS, the developer complied with the City's request, and Council has approved reimbursementto the developer by the City in the amount of $75,000 by Resolution No. 2005-04 to complete the underground work on the adjacent properties; and WHEREAS, pursuant to Lodi Municipal Code (LMC) §16.40.030, the City is eligible for reimbursement for the cost of improvements installed by the City that benefit adjacent properties and would be required of the properties upon development and the costs for undergrounding the existing aerial utilities along the Kettleman Lane frontages of the parcels located at 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) are thereby reimbursableto the City; and WHEREAS, the reimbursable costs for each of the benefiting properties have been calculated based on the length of frontage of each parcel and are shown in Exhibit B; and WHEREAS, the reimbursement costs will be due at the time of development of the respective parcels, and pursuant to LMC §15.64.080, the reimbursable amount will be adjusted annually to include an amount attributable to interest, which will be based on the change in the Engineering News Record 20 Cities Construction Cost Index from December 2004 to January 1 st of the year of reimbursement; and WHEREAS, to insure cost recovery, staff recommends that there be no expiration date for payment of the reimbursable amounts due for the parcels within the area of benefit. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that: a) The City Council hereby establishes an area of benefit and reimbursable costs to recover the costs for undergrounding the existing aerial utilities along the Kettleman Lane frontages of the parcels located at 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) are thereby reimbursableto the City. b) The reimbursable costs for each of the benefiting properties have been calculated based on the length of frontage of each parcel and are shown in ExhibitB. C) The reimbursement costs will be due at the time of development of the respective parcels. Pursuant to LMC §15.64.084, the reimbursable amount will be adjusted annually to include an amount attributable to interest, which will be based on the change in the Engineering News Record 20 Cities Construction Cost Index from December2004 to January 1' of the year of reimbursement. The December2004 ENR index is 7308. d) WHEREAS, to insure cost recovery, staff recommends that there be no expiration date for payment of the reimbursable amounts due for the parcels within the area of benefit. Dated: February 2,2005 __--.-__-__-------------------------------------------_-.��_��.,.�. hereby certify that Resolution No. 2005-24 was passed and adopted by the Lodi City Council in a regular meeting held February 2, 2005, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS -None ABSTAIN: COUNCIL MEMBERS - None Susan J. Blackston City Clerk 2005-24 a CITY OF LODIPUBLIC WORKS DEPARTMENT Crystalwood EXHIBIT A AREA OF BENEFIT ZETO afl H H M:J:�r E 82 c 11E KET1 Exhibit B City of Lodi Public Works Department Kettleman Lane Undergorund Aerial Facilities Reimbursement Item Description Design and Undergmund All Aerial Services Qty Unit Price 1 LS 75,000.00 Tota! Reimbursable Costs Total $ 75,000.00 $ 75,000.00 1811 W Kettleman 1833W Kettleman John Bezug Mary Tsutoaka 03104040 031-040-20 Total Total $ 27,037.00 $ 47,963.00 $ 27 037.00 $ 47 963.00 CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 2, 2005 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 2, 2005, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Resolution Establishingan Area of Benefit and Reimbursable Costs for Design and Construction Requiredto UndergroundAerial Facilitiesfor 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40). Information regarding this item may be obtained in the office of the Public Works Department, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements maybe filed with the City Clerk at anytime prior to the hearing scheduled herein, and oral statements may be made at said hearing. Ifyou 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 Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: January 6, 2005 D. Stephen Schwabauer City Attorney N:1Adninistrat'ton\CLERK\PUBHEARWOTICESUNotpwl.dce 115105 AGENDA ITEM Ev 14 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Set Public Hearing for February 2,2005, to Consider Resolution Establishing an Area of Benefit and Reimbursable Costs for Design and Construction Required to Underground Aerial Facilities for 1833West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40) MEETING DATE: January 5,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a public hearingfor February 2, 2005, to consider a resolution establishing an area of benefit and reimbursable costs for design and construction required to underground aerial facilities for 1833West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40), as shown on Exhibit A. BACKGROUND INFORMATION: As a condition of development of the property located at 1745 West Kettleman Lane, the developerwas required to provide the design and construction required to underground all aerial facilities along the Kettleman Lane frontage of that project site. In order to provide for orderly development and to reduce costs and minimize the impact of construction activities on Kettleman Lane, City staff requested that the developer also obtain the costs to underground the aerial facilities for the adjacent properties west of the development site, 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40) in conjunctionwith that development, thereby completing the undergrounding of existing overhead utilities between Lakeshore Drive and MillsAvenue. The developer complied with the City's request, and Council has approved reimbursement to the developer by the City in the amount of $75,000 to complete the underground work on the adjacent properties. Pursuant to Lodi Municipal Code (LMC) §16.40.030, the City is eligible for reimbursementfor the cost of improvements installed by the City that benefit adjacent properties and would be required of the properties upon development. The costs for undergroundingthe existing aerial utilities along the Kettleman Lane frontages of the parcels located at 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (031-040-40)are thereby reimbursable to the City. The reimbursable costs for each of the benefiting properties have been calculated based on the length of frontage of each parcel and are shown in Exhibit B. Since the undergrounding of the aerial facilities is not complete yet, the reimbursable amounts shown in Exhibit B are estimates only and will be adjusted upon the completion and acceptance of the improvements. The reimbursement costs will be due at the time of development of the respective parcels. Pursuant to LMC §15.64.080, the reimbursable amount will be adjusted annually to include an amount attributable to interest, which will be based on the change in the Engineering News Record 20 Cities Construction Cost Index from December 2004 to January 1st of the year of reimbursement. To insure cost recovery, staff will recommend that there be no expiration date for payment of the reimbursable amounts due for the parcels within the area of benefit. JADEV_SERVICC Sa PH—Kettleman Lane Area of Benefil.doc nterim City Manager Set Public Hearing for February 2, 2005, to Consider Resolution Establishing an Area of Benefit and Reimbursable Costs for Design and Construction Requiredto UndergroundAerial Facilitiesfor 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40) January 5,2005 so Page 2 In conformance with LMC 16.40, staff recommendsthat Council set a public hearing to establish an area of benefit and reimbursable costs to recover the cost of undergroundingthe existing aerial utilities along the Kettleman Lane frontages of the benefiting properties located at 1833 West Kettleman Lane (APN 031-040-20)and 1811 West Kettleman Lane (031-040-40). FUNDING: Not applicable. uam-44 Richard C. Prima, Jr. Public Works Director Prepared by Sharon A. Welch, Senior Civil Engineer RCPISAWlpmf Attachments cc: Lyman Chang. Associate Civil Engineer Professional Contractors, kM IM. & Mrs. John Bezug Ms. Mary Tsutaoka J:OEV_SERVICC_SetPH_Kettleman Lane Area of Benefit.doc 17122/2004 • EXHIBIT A CITY OF LODI AREA OF BENEFIT" PUBLIC FORKS DEPARTMENT a J J Crystalwood Ln. KETTLEMAN LN KETI Exhibit B City of Lodi Public Works Department Kettleman Lane Undergorund Aerial Facilities Reimbursement Item Description 1 Design and Underground All Aerial Services Gtty Unit Price Total 1 IS 75,000.00 $ 75,000 * Ot Total Reimbursable Costs $ 75,000.0 1811 W Kettleman 1833W Kettleman John Bezug Mary Tsutoaka 031-04044 031-040-20 Total Total 5 27,037.00 $ 47,963.00 $ 27 037.OQ 1 $ 47,963.00 DECLARATION OF POSTING SET PUBLIC HEARING FOR FEBRUARY 2,2005, TO CONSIDER RESOLUTION ESTABLISHINGAN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR DESIGN AND CONSTRUCTION REQUIRED TO UNDERGROUND AERIAL FACILITIES FOR 1833 WEST KETTLEMAN LANE (APN 031-040-20) AND 1811 WEST KETTLEMAN LANE (APN 031-040-40). On Friday, January 7, 2005, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider Resolution establishing an Area of Benefit and reimbursable costs for design and construction required to Underground Aerial Facilities for 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40), (attached hereto, marked Exhibit "A), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on January 7,2005, at Lodi, California w Kari J. d w i c k Adminishiative Clerk N:1Administration\CLERKIFORMSIDECPOST2.DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk DECLARATION OF MAILING SET PUBLIC HEARING FOR FEBRUARY 2,2005, TO CONSIDER RESOLUTION ESTABLISHING AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR DESIGN AND CONSTRUCTION REQUIRED TO UNDERGROUND AERIAL FACILITIES FOR 1833 WEST KETTLEMAN LANE (APN 031-040-20) AND 1811 WEST KETTLEMAN LANE (APN 031-040-40). On January 7, 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a notice to set public hearing for February 2, 2005, to consider Resolution establishing an Area of Benefit and reimbursable costs for design and construction required to Underground Aerial Facilitiesfor 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40), marked Exhibit "A; said envelopes were addressed as is more particularly shown on Exhibit" B attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjurythat the foregoing is true and correct. Executed on January 7, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KA—RI J. ADWICK ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK MAILING LIST SET PUBLIC HEARING FOR FEBRUARY 2,2005, TO CONSIDER RESOLUTION ESTABLISHING AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR DESIGN AND CONSTRUCTION REQUIRED TO UNDERGROUND AERIAL FACILITIES FOR 1833 WEST KETTLEMAN LANE (APN 031-040-20) AND 1811 WEST KETTLEMAN LANE (APN 031-040-40). Mr. & Mrs. John Bezug 1811 W. Kettleman Lane Lodi, CA 95242 Ms. MaryTsutaoka 1833 W. Kettleman Lane Lodi, CA 95242 Professional Contractors Inc. 5635 Stratford Cir. Suite C45 Stockton, CA 95207 David Wilson 14428 Big Basin Way Suite A Saratoga, CA 95070 decmaili st.doclforms CITY COUNCIL JOHN BECKMAN, SUSAN HITCHCOCK Mayor CITY OF L O D I Mayor Pro Tempore PUBLIC WORKS DEPARTMENT LARRY 0. HANSEN BOB JOHNSON CITY HALL, 221 WEST PINE STREET JOANNE L. MOUNCE P.O. BOX 3006 LOOI. CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov January 27,2005 Professional Contractors, Inc. Mr. & Mrs. John Bezug 5635 Stratford Circle, Ste. C-45 1811 W. Kettleman Lane Stockton, CA 95207 Lodi, CA 95242 BLAIR KING City Manager SUSAN J. BLACKSTON City Clerk O. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director Ms. Mary Tsutaoka 1833W. Kettleman Lane Lodi, CA 95242 SUBJECT: Public Hearing to Consider Resolution Establishing an Area of Benefit and Reimbursable Costs for Design and Construction Required to Underground Aerial Facilities for 1833 West Kettleman Lane (APN 031-040-20) and 1811 West Kettleman Lane (APN 031-040-40) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, February 2, 2005. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call Sharon Welch, Senior Civil Engineer, at 333-6800, extension 2659; or Lyman Chang, Associate Civil Engineer, at 333-6800, extension 2665. Richard C. Prima, Jr. r. Public Works Director RCPlpmf Enclosure cc: City Clerk NCC_KETTLEMAN LANE AREA OF 8ENEFITDOC