HomeMy WebLinkAboutAgenda Report - June 7, 1995 PH,� OF
4` o' CITY OF LODI COUNCIL COMMUNICATION
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AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement #RA -95-03 for Public Improvements
for Century Meadows Three, Units 1, 2 and 3
MEETING DATE: June 7, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct a public hearing to consider
Reimbursement Agreement #RA -95-03 for public improvements in Mills Avenue and
at the intersection of Mills Avenue and Century Boulevard constructed with the
Century Meadows Three, Units 1, 2 and 3 subdivisions.
BACKGROUND INFORMATION: The developer of the Century Meadows Three, Units 1, 2 and 3 subdivisions,
Pacific Valley Housing Corporation, has requested a Reimbursement Agreement_
in conformance with Chapter 16.40 of the Lodi Municipal Code, for public
improvements constructed in Mills Avenue and at the intersection of
Mills Avenue and Century Boulevard in conjunction with their subdivisions. The improvements benefit adjacent
properties on the west side of Mills Avenue. The adjacent property owner has been notified. The developer has
paid the appropriate application fee and provided fees to cover the cost of recording the Agreement. A copy of the
Agreement, including the vicinity map is attached.
The portion of Mills Avenue affected is located south of Century Boulevard and is bounded on the east by
Century Meadows Three, Units 1, 2 and 3 and an undeveloped parcel (APN 058-230-002) on the west, as shown
on attached Exhibit A. The improvements consist of water, sanitary sewer and storm drain lines, and street paving
on the west half of Mills Avenue from Century Boulevard to the southerly boundary of Century Meadows Three,
Unit No. 3.
The sanitary sewer system in Mills Avenue south of Century Boulevard is part of the Harney Lane Lift Station
service area. In conformance with the Agreement dated November 19, 1992, executed by the City and various
property owners south of Harney Lane, a 24 -inch sanitary sewer main was installed in Mills Avenue in conjunction
with the Century Meadows Three projects. We have been advised by the design engineer, Baumbach 8r Piazza,
that the cost of oversizing the main was borne by the aforementioned property owners as specified in the
Agreement. Payment for the oversizing was not handled through the City. The reimbursement requested for the
sanitary sewer by the developers of the Century Meadows Three projects is the cost of an 8 -inch main which would
have been sufficient if properties south of Harney Lane had not been included in the Lift Station service area.
FUNDING: Applicant fees and reimbursement fees collected fr97future development.
CPuJac L. Ronsko
bli Works Director
Prepared by Sharon A. Welch, Associate Civil Engineer
Attachments
cc: Associate Civil Engineer - Development Services
Pacific Valley Housing Corporation
Baumbach & Piazza
Delmar and Doris Batch
APPROVED:---
THOMAS A. PETERSON
City Manager recycled paper
00
cc -1
CPHRACW DOC 05/25195
WHEN RECORDED, RETURN TO:
City Cleric
City of Lodi
221 west Pine street
Lodi, CA 95240
REIMBURSEMENT
for
PUBLIC IMPROVEMENTS
AGREEMENT # RA -95-03
THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as
"City% and Pacific Valley Housing Corporation, hereinafter referred to as 'Applicant".
RECITALS:
WHEREAS, Applicant is the developer of Century Meadows Three, Units No. 1, 2 and 3 and
has entered into Improvement Agreements with the City dated March 8, 1993, August 9,
1993 and April 11, 1994 for Units 1, 2 and 3, respectively, to construct public
improvements needed to serve the developments, and
WHEREAS, the Applicant has constructed water mains, sanitary sewer mains, storm drains
and street improvements in Mills Avenue and at the intersection of Mills Avenue and
Century Boulevard that will serve additional properties that are designated and shown on the
plan attached and labeled Exhibit A to this agreement and indicated thereon; and
WHEREAS, the Applicant has filed a request with the Public Works Director in conformance
with Chapter 16.40 of the Lodi Municipal Code requesting reimbursement for those
improvements which benefit other property or would be required of those properties upon
development, and
WHEREAS, the property owners of those properties shown in Exhibit A have been notified
and the City Council has conducted a public hearing regarding the Applicant's request for
reimbursement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
and pursuant to Government Code Sections 66485 through 66489 and Title 16 of the Lodi
Municipal Code, it is hereby agreed between the parties as follows:
1. The amount of the reimbursable costs due to the Applicant includes construction
costs less any applicable credits plus ten percent 0 0%) for administrative and
engineering design costs as shown in attached Exhibit B.
2. The reimbursable amount shall be recalculated annually to include an amount
attributable to interest, using the Engineering News Record (ENR) 20 Cities
Construction Cost Index. On uncollected reimbursements, the reimbursement rates
shall be calculated in January of each year beginning January 1996 by the following
formula:
(ENR Jan. 1 of current year) _ (initial ENR) X (Balance due Jan. 1 of prior year less
payments made during the previous year)
REL'4 ,G- .i ,c
The initial ENR index for this agreement is 5432.08. The initial reimbursable
amounts are listed below_
Water Main Extension 3 9.18/front foot
Sanitary Sewer Main Extension 3 7.69/front foot
Storm Drain Extension 3 2.41 !front foot
Street Improvements for Mills Avenue & 3 20.97/front foot
intersection at Century Boulevard
3. In the event that the benefiting properties shown on Exhibit A develop, the City shall
collect the appropriate charges from the developers of the benefiting property and
reimburse the Applicant or the Applicant's heirs, successors or assigns, for a period
of fifteen (15) years. Any charges collected beyond fifteen years shall be retained
by the City.
4. The Applicant shall pay the City $526.34 for the preparation of this agreement prior
to approval and recording of this agreement. This fee is based on one percent (1 %)
of the reimbursable construction costs, excluding engineering, administrative and
other costs and is included in the reimbursement amount.
5. Upon each collection of reimbursement charges, an administrative charge shall be
deducted and retained by the City for administering the reimbursement provisions of
this agreement. This charge shall be established from time to time by resolution of
the City Council. As of the date of this agreement, the current charge is $60.00.
6. This agreement shall inure to the benefit of the heirs, successors and assigns of the
Applicant. The City shall mail the reimbursement to the last address of the
Applicant on file with the Public Works Director of the City. In the event a
reimbursement'is returned or unclaimed after two (2) years from the date of mailing,
the amount of the reimbursement shall revert to the City and be deposited in the
appropriate development impact mitigation fee fund.
7. All correspondence and payments herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
Correspondence and payments to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
221 West Pine Street
P. 0. Box 3006
Lodi, CA 95241-1910
RELVf ,G. _t';C
t
Correspondence and payments to Applicant shall be addressed as follows:
Pacific Valley Housing Corp.
650 E. Blithedale Ave.. Ste 0
Mill Valley, CA 94941
8. This agreement is entered into pursuant to the provisions of Title 16 of the Lodi
Municipal Code and the provisions of that section shall be deemed a part of this
agreement.
IN WITNESS WHEREOF, the Applicant and the City have caused their names to be hereunto
affixed and the City of Lodi has caused its corporate name and seal to be hereunto affixed
by its proper officers thereunto duly authorized.
APPLICANT(S)
5/8/95
Charles G. Oewel, President Date
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Thomas A. Peterson, City Manager Date
ATTEST:
Jennifer M. Perrin, City Clerk Date
APPROVED AS TO FORM:
Bob McNatt, City Attorney
REN .%G �.::0C
CITY OF L -ODI
PUBUC WORKS DEPARTUENT
CENTURY MEADOWS THRE=
UNITS N0. 1, 2, & 3
REIMBURSEMENT SRA -95-03
N.T.S.
REIMBURSEMENTS:
Extensions:
Water
Sonitcry Sewer
Storm Drain
Street Improvements
for Mills Avenue &
intersection ct
Century ocuievord
$ 9.18/front foot
$ 7.69/front foot
$ 2.41 /front foot
$20.97/front foot
I
Czy ar Lod cad Esumats for
Publics Works Department ReimbtssenNnt Agreement
DevokWrwrt Century Meadows Three. Units 1, 2 and 3
Developer. Pacific Valley Housing Coryorstion
Eron»x: Boumbsch & Pls=4
Coat of Reimbursable Improvements for AADS Avenue
Storm Drain System
pacesnt
178 LF $3.42
Atm Descryoftori
aIUpA
2. 1 S Storm Dram Pipe (Cost of 15' mints 1Z' pipe}
f! l21
Reim
IM
Street System
1. Roadway E=ovsdon
368
CY
$1.50
100
SSS200
2 Roadway Excavation
564
CY
2.50
100
1,410.00
3. Roadway Excavation
72
CY
2.70
100
194.40
4. Compact Origtrai Ground (0.67')
3,630
SF
0.13
100
471.90
S. Compact Original Ground (0.50')
2320
SF
0.13
100
301.60
S. Compact Original Ground (0.50')
9,880
SF
0.05
100
494.00
7. Compact Original Ground (0.50')
2705
SF
OAS
100
405.75
8. Compact Native mderw (0.50)
2,320
SF
0.20
100
464.00
9. Compact Native Material (0.50)
12.585
SF
0.15
100
1,887.75
10. Awe Base, Vass II (0.50)
13,510
SF
0.40
100
5,404.00
11. Aggregate Base, Class 11(0.507
2705
SF
0.60
100
1,623.00
12 Aggregate Base, CSass II (0.307
2,320
SF
0.25
100
580.00
13. Aso" Concrete, Type B (010)
9,120
SF
0.40
100
3,648.00
14. Asphalt Concrete, Type B (0107
2496
SF
0.55
100
1,37280
1S. Asphalt Cancrsts, Type B (0.25')
3,360
SF
0.55
100
1,848.00
18. Asphalt Concrete, Type B (0.307
2345
SF
0.55
100
1,289.75
17. Asptalt Concrete Overlay (0.107
2,496
SF
0.28
100
698.88
18. Asphalt Concrete Overlay (OAS)
9,120
SF
0.13
100
1,185.60
Subtotal
523,831.43
10% Engineering i 'Adrninistratbm
52383.14
Plan Check S Inspection Fees'
51108.03
Subtotal
$27.42260
Less City paid credits
$0.00
Total Street System
$27,422.60
Storm Drain System
1. 24' Storm Drain Pipe (Coat of 24' mi m 18' pipe?
178 LF $3.42
100
$608.76
2. 1 S Storm Dram Pipe (Cost of 15' mints 1Z' pipe}
127 LF 4.00
100
508.00
3. 1 T Storm Dian Pipe (Fuftae street stab)
15 LF 15.40
100
2.71.00
4. 1 Z' Storm Drain Pipe (Fume street stub)
24 LF 17.50
100
420.00
5 12' Storm Drain Pipe (Future street stub)
51 LF 19.00
100
969.00
Subtotal
52736.76
10% Engineering & Administration
5273.68
Plan check & Inspection Fear'
$139.39
Subtotal
53,149.83
Less City paid credits
$0.00
Tota! Storm Drain System
53.149.93
%w� 1 ars
N•J9y WG)Y e4T :':.;
1. 24' Sanitary Sawn Pips (Basad an 8' conte
310 LF 515.02
50
$2 328.10
2 ZC Sanitary Sever Pips (Based an 8' caste
745 LF 11.50
so
4,283.75
3. 24' Sanitary Sever Pips (Based an 8' code
203 LF 1225
50
1.243.38
4. Santry Sewer Manhois (Future sheet intersection)
1 EA 800.00
100
800.00
S. W Sanitary Sewer Pipe (Future street stub)
7 LF 12.25
100
85.75
Subtotal
58,740.98
10% Engineering 3 Administration
5874.10
Plan Check i Inspection Fees'
$441.39
Subtotal
$10,056.47
Less City paid credits
$0.00
Total Sanitary Sewer System
i14%0"47
Water System
1. 10' Water Pips
296 LF 515.68
50
SZ320.64
z tc' Water Pips
761 LF 15.50
50
5,897.75
3. 10' Water Pips
208 LF 18.60
50
1,934.40
A. 8' Water Pips (Future street stub)
29 LF 13.60
100
394.40
5. r Valve (Future street stub)
1 EA 500.00
100
500.00
6. Fire HydrantAssemby
1 EA 1,400.00
50
700.00
7. Temporary Biawoff (Futuna atrset stub)
1 EA 495.00
100
495.00
Subtotal
51224219
10% Engineering & Administration
$1,224.22
Plan Check 3 Inspection Fees'
SS34.32
Subtotal
$14,000.73
Less City paid credits
$1,995.25
Total Water System
$IZW&48
Subtotal Reimburseable Costs
SSZf6'i. 4.38
Cly Fee for preparation of agreement
3528.34
(1% of system subtaWb, $500 mintsrsurm )
Total Retmburs"Wi Cost
$SXI JA72
Cost (Incl
prorated Cly
fee) Quantity Fee
Reimbursement for Street System oar Front
Foot ' 527.696.831 1,321 520.97
per Front Fad
Reirnbursemem for Storm Drain System per Front
Foot: $3,181.331 1,321 $241
per Front Foot
Reimbursement for Sanitary Severer System per Front
Foot 1 $10.157.0311,321 $7.89
per Front Foot
Reimbursement for Water System Der Front
Foot : $72,125.53 / 1,321 $9.18
per Front Foot
CheccTatat $53,160.72
Notes.
1. The total plan check and insoection fees for the reimbutseable dents is based on the percentage of the fatal cast of the reimbnrseabis
hams compared to the total constnicaw costs for public improvements. The plan check and inspection fees were apportioned to each
category based an the rest of the rdmburseable items for each category compared to the total reimburses is costs.
2. The reimbtneable cost is based an the cost difference between the size storm drain pipe installed and the size storm drain pipe which
would have been required to serve ony the Caravy Meadows Three subdivision.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of C. a I I o r r, I C.—
County of ff� p- r I r,
On n L L, C% I CI CI before me, I fr CL -r-, C vv T_- ,
DATE NAME. TITLE OF OFFICER . E.G.. 'JANE DOE. NOTARY PUSUC'
personally appearedC h ��-�' z= C I C C V.\! i
NAME(S) OF SIGNERS)
El personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
xi TIFFANY HOWE signature(s) on the instrument the person(s),
Q y Comm. #1037337
TARYPUBLIC•CALIFORNIAO or the entity upon behalf of which the
MARIN COUNTYAug.0 person(s) acted, executed the instrument.
Cantu. Eupres . 2B, t998 p l )
WITNESS my hand and official seal.
u
SIGNA6RE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TRLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING.
NAME OF PERSONIS) OR ENTITYIIES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERiS) OTHER THAN NAMED ABOVE
-;1993 NA7.'0NAL AICTARY ASSCCIATICN - 8226P z et Ave. ? ,, Boz 7184 -Caroga Para CA ;7309.7'91
4y+�oCITY OF O
.A STREET221 WEST PINE
LODI, CALIFORNIA 95240
FOR
ADVERTISING INSTRUCTION
SUBJECT: PUBLIC HEARING TO CONSIDER REIMBURSEMENT AGREEMENT
#RA -95-03 FOR PUBLIC IMPROVEMENTS FOR CENTURY MEADOWS
THREE, UNITS 1, 2 AND 3 — PUBLIC HEARING JUNE 7, 1995
PUBLISH DATE: SATURDAY, MAY 6, 1995
TEAR SHEETS WANTED:
AFFIDAVIT AND BILL TO:
DATED:
advins/forms
ONE
MAY 4, 1995
JACQUELINE L. TAYLOR
ACTING CITY CLERK
ORDERED BY:
LINDA S. NICHOLS
DEPUTY CITY CLERK
�, 7
CITY OF LODI NOTICE OF PUBLIC HEARING
Carnegie Forum Date: June 7, 1995
- 305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, June 7,1995 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) consider Reimbursement Agreement #RA -95-03 for Public Improvements
for Century Meadows Three, Units 1, 2 and 3
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you 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:
acq eline L. Tayl
ctin City Clerk
Dated: May 4, 1995
Approved as to form:
W i
.. �_.� .
Bobby W. McNatt
City Attorney
J:ICITYCLRKIFORMSUVOTGEN.DOC 5/1195
JACKIE:
5/2/95
LIST OF CONTACTS FOR CENTURY MEADOWS III REIMBURSEMENT REQUESTED BY
SHARON WELCH FOR YOUR USE:
PACIFIC VALLEY HOUSING:
650 EAST BLITHEDALE, STE ##20
MILL VALLEY, CA 94941
BAUMBACH & PIAZZA
ATTN: STEVE E. PECHIN
321 WEST ELM STREET
LODI, CA 95240
MR & MRS. DELMAR (DORIS) BATCH
1817 WEST HARNEY LANE
LODI, CA 95242
LIFOP�
On May 4, 1995 in the City of Lodi, San Joaquin County, Califomia, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing a
copy of the Notice attached hereto, 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 perjury that the foregoing is true and correct.
Executed on May 4, 1995, at Lodi, California.
Jacqueline L. Taylor
Acting City Clerk
Linda S. Nichols
Deputy City Clerk
decmaiUforms
CITY COUNCIL
STEPHEN J. MANN, Mayor CITY O F L O D I
DAVID P. WARNER
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
RAY C. DAVENPORT
PHILLIP A. PENNING
P.O. BOX 3006
JACK A. SIECLOCK LODI,
CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6842
May 26, 1995
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
SUBJECT: Public Hearing to Consider Reimbursement Agreement #RA -95-03 for
Public Improvements for Century Meadows Three, Units 1, 2 and 3
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, June 7, 1995, at 7 p.m. The meeting will be held 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 the City Clerk at 305 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-Camegie 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 Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Associate Civil Engineer, at (209) 333-6706.
r �
ack Ronsko
ublic orks Director
JLR/Im
Enclosure
cc: City Clerk
NCPHRACM.DOC
CITY OF LODI
CITY HALL. 221 W. PINE ST.
P. O. BOX 3006
LODI. CALIFORNIA 95241-1910
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
MR & MRS DELMAR D BATCH
1767 E HARNEY LN
LODI CA 95240
PACIFIC VALLEY HOUSING CORP
650 E BLITHEDALE AVE STE O
MILL VALLEY CA 94941
BAUMBACH - PIAZZA
CIVIL ENGINEERS
323 W ELM ST
LODI CA 95240