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Agenda Report - September 3, 1986 (120)
6 4" COUNCIL COM MUNICATIO 0 r TO: THE CITY COUNCIL DATE FROM: THE CITY MANAGER'S OFFICE SUBJECT. WyDd�i;� f 54 44'00 IV �NpMlb City Manager' None required.. Information only. KGgOUNp INFOIM2MN: At its last regular meeting the City Council heard a request fran Mr. James L. Ehlers for permission to install landscaping in the public right-of-way adjacent to a subdivision he developed On the southeast corner of W. Loodi. Avenue and Lower Sacramento Road. The matter was referred to staff. Public Works Director Jack L. Ronsko has discussed this matter with Mr. Ehlers and we believe we are making satisfactory progress. If a solution acceptable to both sides is reached, we will return to the City Council rec=mnding approval of an appropriate agreement. Attached are copies of a letter to Mr. Ehlers suggesting several alternatives, and a memo from the Public Works Director summarizing the progress of the talks. IL fully submitted, TAP/br attachwnt 7hcrms A. Peterson City Manager NO. MEMORANDUM, City of Lodi, Public Works Department TO: City Manager City Council FROM: Director of Public Works DATE: August 26, 1986 SUBJECT: Report to City Council on Landscape Proposal for Leland Acres Subdivision The City Council, at its last meeting of August.20, 1986, requested the staff to report back to them on the status of the request from Jim Ehlers for installing landscaping in the public right-of-way fronting Leland Acres Subdivision. For the Council's information, attached is a copy of a letter dated August 18, 1986 to Jim Ehlers outlining the conditions of the landscape installation. Mr. Ehlers called today and indicated that he was in agreement with the maintenance proposal outlined in paragraph 1 and agreed with all of the other conditions. Mr. Ehlers also shared with me that he will be entering into a five-year maintenance agreement with a landscape contractor to ensure that the plants and groundcover planted are properly established prior to the property owners of Lots 1, 2, 3 and 8 taking over the maintenance. He indicated he would be submitting the plans to this department for approval the latter part of this week. It therefore appears that"it is in line for tate City Attorney to draft the appropriate agreement as outlined in paragraph 1 of the attached letter. n 2Jac L. Ronsko Publ c Works Director 2cJac cc: City Attorney Street Superintendent JLR/ma •CITY COUNCIL FP,E D '�t RE IED.- A4ayor _ EVELYN M OLSON Mayor Pro Tempore DAVID M HINCHMAN IAMES W PINKERTON, Ir JOHN R. (Randy) SNIDER THOMAS PETERSON _ __C uv M3nsbr: . - 1 -v y +1 © 1 - - ALICE M REIntCH€ CITY HALL. 221 WEST PINE STREET City Clerk CALL BOX 3006 RONALD M STEIN LODI• CALIFORNIA 95241-1910 City Attorney (204) 334-5634 August 18, 1986 James L. Ehlers 832 South Fairmont Avenue Lodi, CA 95240 SUBJECT: Landscape Installation at Leland Acres Subdivision I have reviewed with my staff your landscape installation proposal and have the following comments. 1. The City of Lodi does not want to be responsible for the sprinkler system and landscape maintenance. It is recommended that the City enter into an agreement with the property owners of Lots 1, 2, 3 and 8, which would run with the land, covering the maintenance of the sprinkler system fronting and within their parcel, and the landscaping fronting their parcel. This agreement would provide a clause that if tbi sprinkler system and landscaping are not maintained by the property owner, it would be done by the City, after notice, and there would be a lien placed against the property. Also, in this agreement we would state that if there were any attorneys fees, the City would collect any such fees for going into court, if that became necessary. As an alternative, you might consider the following: A. That you enter i6to an agreement with the property owners for some type of an easement maintenance agreement with a maintenance account, making the City the third party beneficiary of the agreement, so that if the maintenance is not kept up, the City could then tap this maintenance account and do the work. B. A homeowners' association. C. Perhaps a long term agreement between the property owners, a gardener, and with the City being a third party beneficiary of this agreement where there would be a certain amount of monies x placed into an account, and that the gardener would be paid from that account to maintain the easement over a 10 to 15 year period. If the work was performed, then the City could tap that account if necessary to assure the work was done. 2. The sprinkler and landscape plan should be prepared by a landscape architect or designer and be approved by the Public Works Department. _.CITY COUNCIL FRE D M RE ID. Mayor EVE LYN M OLSON Mayor Pro Tempore DAVID M. HINCHMAN JAMES W PINKERTON• It. JOHN R. (Randy) SNIDER CITY OF LORI CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (2091334-5634 August 18, 1986 James L. Ehlers 832 South Fairmont Avenue Lodi, CA 95240 SUBJECT: Landscape Installation at Leland Acres Subdivision - — THOMAS -A PETERSON-' — _ --- Crty Manager .ALICE M REIMCHE City Cwk RONALD'M STEIN City Attorney I have reviewed with my staff your landscape installation proposal and have the following comments. 1. The City of Lodi does not want to be responsible for the sprinkler system and landscape maintenance. It is recommended that the City enter into an agreement with the property owners of Lots 1, 2, 3 and 8, which would run with the land, covering the maintenance of the sprinkler system fronting and within their parcel, and the landscaping fronting their parcel. This agreement would provide a clause that if the sprinkler system and landscaping are not maintained by the property owner, it would be done by the City, after notice, and there would be a lien placed against the property. Also, in this agreement we would state that if there were any attorneys fees, the City would collect any such fees for going into court, if that became necessary. As an alternative, you might consider the following: A. That you enter into an agreement with the property owners for some type of an easement maintenance agreement with a maintenance account, making the City the third party beneficiary of the agreement, so that if the maintenance is not kept up, the City could then tap this maintenance account and do the work. B. A homeowners' association. C. Perhaps a long term agreement between the property owners, a gardener, and with the City being a third party beneficiary of this agreement where there would be a certain amount of monies placed into an account, and that the gardener would be paid from that account to maintain the easement over a 10 to 15 year period. If the work was performed, then the City could tap that account if necessary to assure the work was done. 2. The sprinkler and landscape plan should be prepared by a landscape architect or designer and be approved by the Public Works Department. Jairiei" .L �- Ehlers - August 18, 1986 Page 2 3. It is felt that the heat that would be generated from the amount of concrete under your proposed plan (all concrete except for a 12" diameter hole) would appreciably reduce the life of anything planted in such a situation. However, we would leave this up to the professionalism of the landscape architect to make this determination. Our general recommendation would be that a larger landscaped area be provided as shown on Exhibit A with ground covering planted to reduce the overall maintenance. 4. The City would not allow for the placement of black plastic, rocks, or bark in the landscaped area. 5. Since the area being proposed for landscaping was compacted as part of the sidewalk installation, considerable effort will have to be provided to loosen, breakup and condition this soil. 6. It is also recommended (and I believe your intention) to landscape the corner of Lower Sacramento Road and Lodi Avenue, and also the entrances to Leland Court. It is felt that these areas of planting would have more of an aesthetic value than what was proposed on your plan submittal. 7. Proper backflow prevention would have to be installed as part of any connection to the property owner's water service connection. The connection would be made on the property owner's side of the water meter box. If you have any questions concerning these conditions, please contact me. Sincerely, tack L. Ronsko ublic works Director Attachments cc: City Manager City Council Street Superintendent JLR/cag bcc: G.E. Robison Richard C. Prima Jr. RECEIVED July 23, 1986 "395 XJL 23 4 v3, E4. REEMCI;E ,ALICE CITY CLERK Mr. David Hinchman, Mayor, and the CITY or, %Qin; Cement forwardzd Lodi City Council Members Respectively oDy of t IS U CITY OF LODI 221 W. Pine Street Lodi, CA 95240 Re: Leland Acres Subdivision fie' C ;:reit ..,znni ar R.;tJ Dear Mayor & City Council Members: O'Ccur=cit MernbcrSnidLr 4fl' City Manager Peterson As you are all aware, over the past fourtq�bgC x4tonttis, was fortunate enough to have had the opportunity of de- veloping Leland Acres Subdivision located on the South- east Corner of Lodi Avenue and Lower Sacramento Road. The situation at hand with this particular property is the portion of ground between the back of walk and the brick wall (see blueprint). After the walkways and the wall had been placed, the p obvious thought was how could we add a small touch of greenery to the appearance, and yet do it with the thought of low maintenance as our main objective. WATER 1)` Where to hook up? 2) Who will be responsible to pay for the water X-1 if we meter water in Lodi some day? 3) Maintenance of the pipe, two valves and two `- r timers if broken or worn out? Solutions: 1) Lots #1 and #8 have been designated for the hook-up points for water. The valves and timer will be located directly behind the brick wall by the entry of the cul-de-sac. 2) The owners of Lots #1 and #8 will be respon- sible for the cost of water if metered some day in Lodi. 3) Lots #1,2,3,4 & 8 have portions of pipe for this irrigation system on their property re and will be responsible to replace or re- pair any portion of this system which falls on their property if it was not operating for any reason. f< P" P This understanding between the buyers of these particular lots will be specifically stated in writing a'memorandum to their title instructions which they will sign and date at the time of''se- curing a deposit to open escrow, along with sign- ing the receipt of Public Report and the Real Estate Contract and receipt for deposit. This memorandum will be repeatedly signed and dated by the buyers upon the closing of escrow. ^_ PLANTS 1) Using tree or plant which would not grow more than 3 feet in diameter, have a non-active root system to avoid problems with cracking the cement, be hardy to withstand direct sunlight and be as maintenance free as possi- ble (no trimming, leaves, etc.). Solution: 1) The Nandina Domestica (Heavenly Bamboo) Plant. This plant grows to approximately 4 to 5 feet in height and not more than 3 feet in dia- meter. This plant is very slow growing, has a very non active root system, is very hardy and completely maintenance free, other than watering. MAINTENANCE 1) What can we do to keep the weeds out of the beds? Solution: 1) As you can see from the blueprint, we are pre- pared to pour exposed aggregate concrete throughout all the areas between the back walk and the brick wall, except for a 12" diameter hole for the plant and the irri- gation system. I*am obviously open to and welcome your modification or approval of this plan. My personal goal is to provide Lodi with a more beautiful entrance into our City, with the thought of future years foremost in our planning. Thank you for your time and consideration. I will be looking forward to hearing from you. Sincerely, AMES L. EHLERS JLE;bjd -CfWCOUN L 'THOMAS A. PETERSON City Manager FREDM. REID, .Mayor CITY CITY ®F L ®D I ALICE M. REIMCHE EVELYN M OLS(AECEI LU Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET City Clerk D M f,; �^O CALL BOX 3006 RONALD M STEIN Nf LODE, CALIFORNIA 95241-1910 Cit Attorney IA�tFS 1t P ,"IC[M-1119t Y eV IOH,. R ;Ran��.v�r;ffEA. nr I,rimcFr (209) 334-5634 CITY CLERK August 18, 1986 CITY OF LOCI James L. Ehlers 832 South Fairmont Avenue Lodi, CA 95240 SUBJECT: Landscape Installation at Leland Acres Subdivision I have reviewed with my staff your landscape installation proposal and have the following comments. 1. The City of Lodi does not want to be responsible for the sprinkler system and landscape maintenance. It is recommended that the City enter into an agreement with the property owners of Lots 1, 2, 3 and 8, which would run with the land, covering the maintenance of the sprinkler system fronting and within their parcel, and the landscaping fronting their parcel. This agreement would provide a clause that if the sprinkler system and landscaping are not maintained by the property owner, it would be done by the City, after notice, and there would be a lien placed against the property. Also, in this agreement we would state that if there were any attorneys fees, the City would collect any such fees for going into court, if that became necessary. As an alternative, you might consider the following: A. That you enter into an agreement with the property owners for some type of an easement maintenance agreement with a maintenance account, making the City the third party beneficiary of the agreement, so that if the maintenance is not kept up, the City could then tap this maintenance account and do the work. B. A homeowners' association. C. Perhaps a long term agreement between the property owners, a gardener, and with the City being a third party beneficiary of this agreement where there would be a certain amount of monies placed into an account, and that the gardener would be paid from that account to maintain the easement over a 10 to 15 year period. If the work was performed, then the City could tap that account if necessary to assure the work was done. 2. The sprinkler and landscape plan should be prepared by a landscape architect or designer and be approved by the Public Works Department. n • James L. Ehlers August 18, 1986 Page 2 3. It is felt that the heat that would be generated from the amount of concrete under your proposed plan (all concrete except for a 12" diameter hole) would appreciably reduce the life of anything planted in such a situation. However,.we would leave this up to the professionalism of the landscape architect to make this determination. Our general recommendation would be that a larger landscaped area be provided as shown on Exhibit A with ground covering planted to reduce the overall maintenance. 4. The City would not allow for the placement of black plastic, rocks, or bark in the landscaped area. 5. Since the area being proposed for landscaping was compacted as part of the sidewalk installation, considerable effort will have to be. provided to loosen, breakup and condition this soil. 6. It is also recommended (and I believe your intention) to landscape the corner of Lower Sacramento Road and Lodi Avenue, and also the entrances to Leland Court. It is felt that these areas of planting would have more of an aesthetic value than what was proposed on your plan submittal. 7. Proper backflow prevention would have to be installed as part of any connection to the property owner's water service connection. The connection would be made on the property owner's side of the water meter box. If you have any questions concerning these conditions, please contact me. Sincerely, a k L. Ronsko ublic Works Director Attachments cc: City Manager City Council Street Superintendent JLR/cag v. CITY OF LODF11i PUBLIC WORKS DEPARTMENT TO: FROM: DATE: SUBJECT: City Council City Manager September 3, 1986 h Approve Agreement and Final Map for Sunwest, Unit No. 7 RECOMMENDED ACTION: That the City Council approve the final map for Sunwest, Unit No. 7, Tract No. 2049, and direct the City Manager and City Clerk to execute the subdivision agreement and map on behalf of the City. BACKGROUND INFORMATION: Chris R. Keszler, et al., the developers of this subdivision, have urnished the City with the improvement plans, the necessary agreements, guarantees, insurance certificates, and fees for the proposed subdivision. The subdivision is located south of Sunwest Unit Nos. 5 and 6 and contains 29 { single-family residential lots. t 'aeck.nsko ks Director { Attachment t JLR/SB/ma APPROVED: FILE 40. THOMAS A. PETERSON, Ci y Manager a - 2:.""'--�::,"��.>ar,�,n.,�.a�a'; n.n �5�' �>�,...,,�-.-.., ..-.M ..._r..r. .�.-,,...w... �,wr,,,: ,-w�, m*;<•.�,;,�. G - _ x ti T t T � 1