HomeMy WebLinkAboutAgenda Report - October 19, 2011 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1852 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 16.40— Reimbursements for Construction— by
Repealing and Reenacting Section 16.40.050, `Reimbursement Agreements,' In Its
Entirety"
MEETING DATE:
PREPARED B Y
October 19,2011
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1852.
BACKGROUND INFORMATION: Ordinance No. 1852 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 16.40 — Reimbursements
for Construction— by Repealing and Reenacting Section 16.40.050,
`Reimbursement Agreements,' In Its Entirety," was introduced at the regular City Council meeting of
October 5, 2011.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov'f Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
eiJohl
City Clerk
RJ/jmr
Attachment
APPROVED:
-KMmdt Bartlam,,`ity Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance) . DOC
ORDINANCE NO. 1852
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE CHAPTER 16.40—
REIMBURSEMENTS FOR CONSTRUCTION — BY
REPEALING AND REENACTING SECTION 16.40.050,
"REIMBURSEMENTAGREEMENTS," IN ITS ENTIRETY
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BE IT ORDAINED BY THE LODI CITY COUNCILAS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 16.40— Reimbursementsfor Construction— is
herebyamended by repealing and reenacting§16.40.050, "ReimbursementAgreements," in
its entirety, to read as follows:
16.40.050 Rei mbu rsement Agreements
A. Within sixty days of receipt of a completed application,the publicworks director shall
prepare a reimbursement agreement containing the following provisions:
1. The amount of reimbursable costs shall include construction costs less any
applicable credits plus ten percent for administrative and engineering costs.
Applicable city engineering and processingfees shall also be added. Costs
of financing, bonds, or other applicant costs shall not be included.
2. The total reimbursable cost shall be apportioned to the benefiting properties
as appropriate. Costs of transitions, utility stubs, or other minorwork shall
not be apportioned to adjacent property.
3. The reimbursable amount shall be recalculated annually to include an
amount attributableto interest, usingthe Engineering News Record 20 Cities
Construction Cost Indexas of the end of the year. The reimbursableamount
for subsequent years shall be the prior year reimbursable amount less any
reimbursements made during the year, all multiplied by the percentage
change in the index over the year.
4. The agreement shall provide that the city will collect the appropriate charge
from the properties identified in the agreement and reimbursethe applicant
or the applicant's heirs, successors or assigns, for a period of fifteen years
from the date of the agreement only. Reimbursementagreements to recover
funds advanced by city for projects shall expire after fifteen years;
reimbursement charges will not be collected after that time except as set
forth in Paragraph5 of this section.
5. Al I reimbursement agreements in effect prior to October 5,2011, are hereby
extended ten years from their original expiration date, giving them a life of
twenty-five years.
B. Prior to the adoption of a resolution approving the reimbursement agreement or
extension of a reimbursement agreement the city shall within ninety days of receipt
of a completed application conduct a public hearing as follows:
1. At leastten days priorto the date and time set for the hearing beforethe city
council, give a notice byfirst class mail, postage prepaid to the addresses as
shown on the latest equalized assessment roll of San Joaquin County, to the
owners of each parcel identified in the reimbursement agreement as
benefited.
2. The notice shall state the date, time, and location set for such hearing.
3. Include in such notice to property owners as required under (1) above a
statement of the nature of the improvements costs as provided in subsection
A of this section, and list of the addresses or a map delineating all parcels
identified in the reimbursementagreement as benefited.
4. The hearing on such reimbursementagreement shall take place beforethe
city council, at which time all interested parties shall be heard. The council
shall determine what properties are benefited, the costs and a fair method of
allocation of costs to the properties benefited, and an apportionmentof such
costs.
SECTION 3. No MandatoryDutyof Care. This ordinance is not intendedto and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or propertywithin the City or
outside of the City so as to provide a basis of civil liabilityfor damages, except as otherwise
imposed by law.
SECTION4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
herebydeclares that it would have adopted this ordinance irrespective of the invalidityof any
particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION & This ordinance shall be published pursuantto law and shall become effective
30 days from the date of passage and adoption.
AT
1JOHL
City Clerk
2
Approved this th day of October, 2011
r
Bob JohS
Mayor y
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1852
was introduced at a regular meeting of the City Council cf the City of Lodi held October 5,
2011, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held October 19, 2011, by the following vote:
AYES:
COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi,
and
Mayor Johnson
NOES:
COUNCIL MEMBERS— None
ABSENT:
COUNCIL MEMBERS — None
ABSTAIN:
COUNCIL MEMBERS — None
further certifythat Ordinance No. 1852was approved and signed bythe Mayoron
the date of its passage and the same has been pu1HL
uantto law.
APPROVED TO FORM:
D. STEPHEN SCHWABAUER
City Attorney