HomeMy WebLinkAboutAgenda Report - September 15, 2004 E-07AGENDA ITEM E007
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution to Approve the Improvement Agreement for the Public
Improvements of Vintner's Square and Associated Agreements, Including a Stop
Sign on Westgate Drive at Taylor Road and No -Parking Zones on Westgate Drive
from Kettleman Lane to Taylor Road, and Appropriate Funds for Required
Reimbursements ($467,000)
MEETING DATE: September 15, 2004
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution taking the following action with
regard to the Vintner's Square development:
1. Approve the Improvement Agreement for the Public Improvements of Vintner's Square and direct the
City Manager and City Clerk to execute the improvement agreement on behalf of the City
2. Authorize the City Manager to execute a Storm Drainage Detention Basin Operation and Maintenance
Agreement for the private storm water detention basin to be constructed with the project
3. Authorize the City Manager to execute a Reimbursement Agreement with developer for City -funded
facilities and appropriate funds for required reimbursements ($467,000)
4. Amend Section 2C of Traffic Resolution 97-148 by approving the installation of a stop sign on
Westgate Drive at Taylor Road and installation of a no -parking zone on Westgate Drive from
Kettleman Lane to Taylor Road
5. Authorize the City Manager to transfer City street right-of-way in Kettleman Lane to Caltrans, execute an
amendment to the Agreement for Maintenance of Landscape Area within State Highway 12 Right -of -Way,
State Route 12 in the City of Lodi with Caltrans, and a Maintenance Agreement with the developer
covering developer's responsibilities for landscape improvements in the Kettleman Lane (State Route 12)
right-of-way
BACKGROUND INFORMATION: The project consists of public improvements for the development of a
retail commercial shopping center on a 22.50 -acre site at the northwest
corner of the Kettleman Lane/Lower Sacramento Road intersection, as
shown on attached Exhibit A. A Lowe's store is currently under
construction on the site.
Improvement Agreement
The improvements include street widening on Lower Sacramento Road and Kettleman Lane, construction of
Westgate Drive along the west project boundary to and including the intersection with Taylor Road,
modification of the existing traffic signal at the Lower Sacramento Road/Sunwest Marketplace driveway
intersection to provide a signalized project access on Lower Sacramento Road, installation of a new traffic
signal on Kettleman Lane at Westgate Drive, and the extension of public utilities in Lower Sacramento Road,
Taylor Road and in Westgate Drive from Taylor Road to the south side of Kettleman Lane. The plans also
provide for the construction of a private temporary storm water detention basin immediately north of the north
boundary of the shopping center at the southwest corner of the intersection of Taylor Road and
Westgate Drive.
APPROVED:
CC—improvement Agreement.doc
Manager
9Ial2004
Adopt Resolution to Approve the Improvement Agreement for the Public Improvements of Vintner's Square
and Associated Agreements, Including a Stop Sign on Westgate Drive at Taylor Road and No -Parking Zones
on Westgate Drive from Kettleman Lane to Taylor Road, and Appropriate Funds for Required
Reimbursements ($467,000)
September 15, 2004
Page 2
The developer, Geweke Family Partnership, has furnished the City with the improvement plans, improvement
agreement, guarantees, insurance certificate and fees for the proposed development. Developer has
previously entered into a Fee Payment Agreement and Addendum to the Fee Payment Agreement recorded in
the Office of the San Joaquin County Recorder as Doc. #2002-024181 and Doc. #2003-263312, respectively,
covering the payment of the development impact mitigation fees for the project.
Storm Drainage Detention Basin Operation and Maintenance Agreement
The project site is located in the area covered by the Westside Facilities Master Plan, dated January 26, 2001.
Since the public storm drainage basin facilities included in the master plan have not yet been constructed, a
private temporary storm drainage detention basin is required as a condition of development for the shopping
center site. The storm drain facilities for the project include master plan storm drain lines that will allow
connection to the future permanent public storm drain system. As set forth in the Improvement Agreement,
the developer is required to enter into a separate agreement with the City covering the operation and
maintenance of the temporary storm drainage detention basin, as well as future connection to the public storm
drain system. The agreement will be prepared by City staff and must be executed by the developer prior to
acceptance of the project improvements. Staff requests that Council authorize the City Manager to execute a
Storm Drainage Detention Basin Operation and Maintenance Agreement for the private storm water detention
basin without further Council action.
Reimbursement Agreement
The developer is eligible for reimbursement for the following work in conformance with LMC 16.40,
Reimbursements for Construction:
1. Lower Sacramento Road median modifications, including median pavers, landscaping and irrigation and
removal of existing median curb and pavement
2. Kettleman Lane median curb and textured paving
3. Master plan public storm drain lines greater than 30 inches in diameter
4. Oversizing costs for master plan public sanitary sewer lines greater than 10 inches in diameter
5. Oversizing costs for master plan public water mains greater than 8 inches in diameter
6. Fifty percent (50%) of the cost for the major master plan water main crossing in Kettleman Lane at
Westgate Drive
Based on the contract bid prices submitted by the developer's contractor, Teichert Construction, the
reimbursable costs will be $467,000, including 10% for engineering design and contract administration.
Reimbursements will be in the form of credits against appropriate development impact mitigation fee fund
categories.
Under the terms of the above-mentioned Fee Payment Agreement and Addendum to the Fee Payment
Agreement, credits for reimbursable costs to each fee fund category shall be applied as a reduction of the
outstanding principal balance for that fee category due at the time of final payment for the Fee Payment
Agreement. Reimbursements shall be applied when the reimbursable improvements have been constructed
and accepted by the City. If the amount of the reimbursement is greater than the remaining outstanding
principal balance at the time of development, the balance of the reimbursable costs shall be paid in
accordance with LMC §15.64.080.
Under the terms of the Improvement Agreement, if the reimbursable amount for any fee fund category
exceeds the outstanding principal balance in that category, the remainder of the reimbursable costs for that
CC—improvement Agreement.doc 9/9/2004
Adopt Resolution to Approve the Improvement Agreement for the Public Improvements of Vintner's Square
and Associated Agreements, Including a Stop Sign on Westgate Drive at Taylor Road and No -Parking Zones
on Westgate Drive from Kettleman Lane to Taylor Road, and Appropriate Funds for Required
Reimbursements ($467,000)
September 15, 2004
Page 3
fee fund category shall be reimbursed by City after January 1, 2009, the date of final payment set forth in the
above -referenced fee payment agreement and addendum, but no later than March 1, 2009. In accordance
with LMC §15.64.080, staff requests that Council authorize the City Manager to execute a Reimbursement
Agreement with the developer covering the above conditions for reimbursement.
Traffic Resolution
Vehicle accesses for the proposed shopping center are located on Lower Sacramento Road, Kettleman Lane,
and Westgate Drive just north of Kettleman Lane. Westgate Drive, located west of the shopping center, will
intersect Taylor Road, creating a three-way intersection. Taylor Road will continue to carry local residential
traffic. Westgate Drive at Taylor Road will primarily serve the local residential traffic accessing
Kettleman Lane and the new shopping center. For traffic safety and circulation, staff recommends installing a
stop sign on Westgate Drive at Taylor Road.
As part of the Westside Master Plan, Westgate Drive was designed to accommodate one travel lane and a
bicycle lane in each direction, a raised landscaped median, and left -turn lanes at Kettleman Lane and the
shopping center's southerly driveway. The proposed no -parking zone is necessary to accommodate the
proposed striping.
A new signal will be constructed at Kettleman Lane and Westgate Drive. The existing signal at the
Sunwest Market Place (Safeway) and Lower Sacramento Road intersection will be modified to create a
four -legged signalized intersection. The original Lower Sacramento Road widening project/traffic study
(Kettleman Lane to Turner Road) anticipated that the Lower Sacramento Road median at the Taylor Road
intersection would be modified to limit turn movements at the time of construction of a secondary access,
Westgate Drive. Since Westgate Drive is being constructed as part of this project, the Lower Sacramento Road
median will be modified to allow right and left turns onto Taylor Road from Lower Sacramento Road and limit
turning movements from Taylor Road to Lower Sacramento Road to right turns only.
Caltrans Right -of -Way and Maintenance Agreements
Dedication of street right-of-way in Kettleman Lane has been required by Caltrans as a condition of the
Caltrans encroachment permit for the installation of required street improvements for the shopping center.
The required Kettleman Lane street right-of-way was previously dedicated to the City by the developer. Staff
requests that Council authorize the City Manager to transfer the street right-of-way in Kettleman Lane to
Caltrans to fulfill the requirements of the Caltrans encroachment permit.
The installation of landscape and irrigation improvements in the parkway area between the curb and sidewalk
along Kettleman Lane requires a Caltrans encroachment permit and maintenance agreement. Caltrans will
not issue encroachment permits or enter into agreements with private parties for this type of work. Since the
City has an existing maintenance agreement with Caltrans (Agreement for Maintenance of Landscape Area
Within State Highway Right of Way, State Route 12 in the City of Lodi), approved by Council in
December 2001 in conjunction with the Kettleman Lane median project, staff requests that Council approve
the following actions:
1. A Caltrans encroachment permit for landscape and irrigation improvements being installed with the
Vintner's Square project in the parkway within the Kettleman Lane right-of-way shall be obtained by the
City.
2. Authorize the City Manager to execute an amendment to the above-mentioned Caltrans maintenance
agreement to include maintenance of those improvements.
CC—improvement Agreement.doc 9/9/2004
Adopt Resolution to Approve the Improvement Agreement for the Public Improvements of Vintner's Square
and Associated Agreements, Including a Stop Sign on Westgate Drive at Taylor Road and No -Parking Zones
on Westgate Drive from Kettleman Lane to Taylor Road, and Appropriate Funds for Required
Reimbursements ($467,000)
September 15, 2004
Page 4
3. Authorize the City Manager to execute a maintenance agreement with the developer covering developer's
maintenance responsibilities for the landscape and irrigation improvements in the Kettleman Lane
right-of-way.
FUNDING: IMF Streets -Regional $ 189,500
IMF Water $ 52,500
IMF Sewer $ 17,500
IMF Storm Drain $207,500
Total $ 467,000
es R. Krueger, Finance Dirgctor
UaAlm-A
Richard C. Prima, Jr.
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
RCPISAW
Attachment
cc: Senior Civil Engineer Fujitani
Senior Civil Engineer Welch
Senior Traffic Engineer
Streets Superintendent
Geweke Family Partnership
Phillippi Engineering
Mark Thomas & Company, Inc.
CC Improvement Agreement.doe 81812004
OF LODI
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EXHIBIT A
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RESOLUTION NO. 2004-193
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE IMPROVEMENT AGREEMENT FOR THE PUBLIC IMPROVEMENTS
OF VINTNER'S SQUARE AND ASSOCIATED AGREEMENTS AND
AMENDING TRAFFIC RESOLUTION 97-148 BY APPROVING STOP
CONTROL ON WESTGATE DRIVE AT TAYLOR ROAD AND
NO -PARKING ZONES ON WESTGATE DRIVE FROM KETTLEMAN
LANE TO TAYLOR ROAD, AND FURTHER APPROPRIATE FUNDS
FOR THE REQUIRED REIMBURSEMENTS
WHEREAS, the project consists of public improvements for the development of a retail
commercial shopping center on a 22.50 -acre site at the northwest corner of the Kettleman
Lane/Lower Sacramento Road intersection, as shown on attached Exhibit A. A Lowe's store is
currently under construction on the site; and
WHEREAS, staff recommends approval of the following items regarding the Vintner's
Square development:
1. Approve the Improvement Agreement for the Public improvements of Vintner's
Square and direct the City Manager and City Clerk to execute the improvement
agreement on behalf of the City; and
2. Authorize the City Manager to execute a Storm Drainage Detention Basin
Operation and Maintenance Agreement for the private storm water detention
basin to be constructed with the project; and
3. Authorize the City Manager to execute a Reimbursement Agreement with the
developer for City -funded facilities and appropriate funds for required
reimbursements ($467,000); and
4. Amend Section 2C of Traffic Resolution 97-148 by approving the installation of a
stop sign on Westgate Drive at Taylor Road and the installation of a no -parking
zone on Westgate Drive from Kettleman Lane to Taylor Road; and
5. Authorize the City Manager to transfer City street right-of-way in Kettleman Lane
to Caltrans, execute an amendment to the Agreement for Maintenance of
Landscape Area within State Highway 12 Right -of -Way, State Route 12 in the
City of Lodi with Caltrans, and a Maintenance Agreement with the developer
covering developer's responsibilities for landscape improvements in the
Kettleman Lane (State Route 12) right-of-way.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the Improvement Agreement for the Public Improvements of Vintner's Square and Associated
Agreements as listed above; and
BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager and
City Clerk to execute the Improvement Agreement and other Associated Agreements on behalf
of the City of Lodi; and
BE IT FURTHER RESOLVED that the City Council hereby amends Traffic Resolution
97-148 by approving Amendment to Section 2C of Traffic Resolution 97-148 by approving the
installation of a stop sign on Westgate Drive at Taylor Road and installation of a no -parking
zone on Westgate Drive from Kettles Lane to Taylor Road; and
BE IT FURTHER RESOLVED that funds in the amount of $467,000 be appropriated for
reimbursement to the developer for the following work subject to the terms of the
Reimbursement Agreement:
1. Lower Sacramento Road median modifications, including median pavers,
landscaping and irrigation, and removal of existing median curb and pavement.
2. Kettleman Lane median curb and textured paving.
3. Master plan public storm drain lines greater than 30 inches in diameter.
4. Oversizing costs for master plan public sanitary sewer lines greater than 10 inches in
diameter.
5. Oversizing costs for master plan public water mains greater than 8 inches in
diameter.
6. Fifty percent (501/6) of the cost for the major master plan water main crossing in
Kettleman Lane at Westgate Drive.
BE IT FURTHER RESOLVED that $467,000 be appropriated from the following funds:
IMF Streets -Regional
IMF Water
IMF Sewer
IMF Storm Drain
$ 189,500
$ 52,500
$ 17,500
$ 207.500
Total $ 467,000
Dated: September 15, 2004
___------ ______________________________________________---
I hereby certify that Resolution No. 2004-193 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLAC STON
City Clerk
2004-193
CITY OF LODI
PUBLIC WORKS DEPARTMENT
EXHIBIT A
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CITY COUNCIL
LARRY D. HANSEN, Mayor
JOHN BECKMAN
Mayor Pro Tempore
SUSAN HITCHCOCK
EMILY HOWARD
KEITH LAND
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept(Mlodl.gov
http:\\www.lodi.gov
September 9, 2004
JANET S. KEETER
Interim City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
Geweke Family Partnership Phillippi Engineering Mark Thomas & Company, Inc.
P.O. Box 1210 P.O. Box 6556 7300 Folsom Blvd., Ste. 203
Lodi, CA 95241 Vacaville, CA 95696 Sacramento, CA 95826
SUBJECT: Adopt Resolution to Approve the Improvement Agreement for the Public
Improvements of Vintner's Square and Associated Agreements, Including a
Stop Sign on Westgate Drive at Taylor Road and No -Parking Zones on
Westgate Drive from Kettleman Lane to Taylor Road, and Appropriate Funds
for Required Reimbursements ($467,000)
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, September 15, 2004. The meeting will be held at 7 p.m.. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a Council Member
requests discussion. The public is given an opportunity to address items on the consent
calendar 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 (209) 333-6702.
If you have any questions about the item itself, please call Wally Sandelin, City Engineer, at
(209) 333-6709.
_/ 1.�, �� � �
Richard C. Prima, Jr.
-r' Public Works Director
RCP/pmf
Enclosure
cc: City Clerk
NCC -IMPROVEMENT AGREEMENT.DOC