HomeMy WebLinkAboutAgenda Report - November 6, 1991 PH (10)� of
CITY OF LODI
COUNCIL COMMUNICATION
F
AGENDA TITLE: Public Hearing on Public Improvement Reimbursement Agreement Charges
MEETING DATE: November 6, 1991
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That after a public hearing, the City Council discuss the
recommended fees for preparation and processing Public
Improvement Reimbursement agreements and adopt the resolution.
BACKGROUND INFORMATION: Developers are required to install water, sewer and
drainage lines and street improvements necessary to serve
their development. These improvements are made within the
project and along the frontage of the parcel being
developed thus parcels on the opposite side of the street then have those
improvements available. Occasionally these improvements extend across other
parcels. In either case, it is reasonable to require subsequent developers of the
other parcels to reimburse the first developer for their appropriate share of the
improvements. Although this reimbursement is not required by state law, it has been
the City's practice to do so for many years.
In addition to the above scenario, developers are sometimes required to "oversize" a
utility to provide "upstream" capacity. In this case, State law requires that the
developer be reimbursed, either by the City or the upstream property.
The Development Impact Mitigation Fees address some of these issues, mainly oversize
sewers, water mains and master storm drains required by the City Master Plans. The
existing Municipal Code only addresses water and sewer extensions reimbursements and
does not fully comply with state law.
A new ordinance introduced at the October 16 Council meeting does the following:
1) Creates a unified reimbursement procedure for improvements not covered under
the Development Impact Mitigation Fees Ordinance;
2) Adds storm drainage and street installations as improvements eligible for
reimbursement;
3) Repeals and/or amends existing code sections as needed to comply with the
Development Impact Fee Study and the new Reimbursement Ordinance;
4) Provides for a public hearing process.
THOMAS A. PETERSON
Public Hearing on Public Improvement Reimbursement Agreement Charges
November 6, 1991
Page 2
October 28, 1991
Exhibit A I
Resolution No. 91 -
A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING CHARGES FOR PREPARATION AND
PROCESSING OF PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENTS
WHEREAS, the Lodi City Council has adopted Ordinance No. creating a
procedure for preparation and processing of public improvement reimbursement
S
agreements; and
` WHEREAS, said Ordinance provides that the council may adopt by resolution, charges
for the City to prepare and process said agreements; and
i
' WHEREAS, the cost to prepare and process such agreements have been estimated by the
Public.Works Director; and.
WHEREAS, such information was available for public inspection and review 14 days
prior to a` public,, hear.i ng.
NOW -THEREFORE IT IS RESOLVED by the Lodi City Council that:
1. The. City.charge `to prepare a reimbursement for installation of public
improvements shall be one percent of the reimbursable construction cost of the
improvementsi,excluding engineering, administrative and other costs with a
•.wi.�i.w..un n{�n r.ne.'�'e�F.YCAA AA
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2 The`mi.n.mum-preparat ion.charge shall be paid at the time the application for
aration.of an a reetnent is made. The final charge, if an shall be aid
:. pP . 9 .. g , y,
prjor to execution of the agreement by the City.
3..` The - above charges., a re non-refundable.
4 :: Upon collection of:reimbursements a processing charge of $60.00 shall be
A deducted from each check issued to the applicant.
5'" The fees. adopted' in. this -Resolution shall take effect 60 days after adoption.
I hereby certify that -Resolution 91- was passed and adopted by the City
=? Council of the City of Lodi in -;a regular meeting held by the following
vote::
Ayes: Council Members -
>. :- Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
ALICE M. REIMCHE
City Clerk
September 25, 1991•
Exhibit B
Public Improvement
Reimbursements
per new ordinance
Sewer Storm Water streets
Normal sizes:
(Developer's responsibility
*6"
12"
*4"
50'
Minor Res.
if within development cr
8"
15"
6"
55'
Std. Res.
reimburseable from "across
10"
18"
8"
60'
Minor Col.
the street" project per
66'
Industrial
reimbursement agreement)
68'
Major Col.
t 2 lanes)
Oversized:
(Eligible for reimbursement
_
21"
from upstream parcels per
-
24"
reimbursement agreement)
(Reimburseable from
12" +
30-+
10"+
80'
Sec. Arterial
Dev. Impact Widgation Fund
94'
Minor Arterial
when req'd by Master Plan)
118'
Major Arterial
(4 & 6 lanes)
• allowed in some circumstances per City Public Improvement Design Standards
Roes ex -V -S
"Projece'
1000'
Fx SD New Storm Drain by 'Project developer
PubB Rei
12'
Ovv, 250' 1 250'
Parcel A Parcel B Parcel C
Parcel D
"Upstream Parcel"
(to use new storm drain in the future)
Exhibit C
A&
improvement
per
mbursemem:
Const.
City Fee
EYcm: AlBI
Cl
Di
City'
f•
(less collection
fee of 860 per
parcel)
' - 18" SD
$100,000
$1,000
$50,440
$25,190
825,190
n/a
n/a
$100,820
$50,000
$500
$25,190
812,565
$12,565
n/a
n/a
$50,320
$10,000
$500
85,190
82,565
$2,565
nla
n/a
$10,320
$1,000
4500
$690
$315
$315
n/a
n/a
81,320
. 24" SD
$75,000
$750
825,315
812,628
812,628
$24,940
n/a
875,510
+ SD
M t PI
$100,000
n/a
n/a
nla,
n/a
Wall
$100,000
$100,000
as er an)
City reimbursementis from Development Impact Mitigation Funds
• ` Total rehbusement does not include future year increases due to ENR index per ordinance.
REIMB E2.xts.
RESOLUTION NO. 91-206
A RESOLUTION OF THE LODI CITY COUNCIL
ESTABLISHING CHARGES FOR PREPARATION AND PROCESSING OF
PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENTS.
WHEREAS, the Lodi City Council is adopting Ordinance No. 1527
{ creating a procedure for preparation and processing of public
{ improvement reimbursement agreements; and
s
f WHEREAS, said Ordinance provides that the Lodi City Council may
adopt by resolution, charges for the City to prepare and process said
s
agreements; and -
f
WHEREAS, the cost to prepare and process such agreements has been
a
estimated by the Public Works Director; and
t
WHEREAS, such information was made available for public
inspection and review 14 days prior to a public hearing.
N31V THEREFORE, BE IT RESOLVED by the Lodi City Council that:
1. the City charge to prepare a reimbursement agreement for
installation of public improvements shall be one percent of the
reimbursable construction cost of the improvements, excluding
engineering, administrative and other costs with a minimum charge
of $500.00;
2. the minimum preparation charge shall be paid at the time the
application for preparation of an agreement is made. The final
charge, if any, shall be paid prior to execution of the agreement
by the City;
3. the above charges are non-refundable;
4. upon collection of reimbursements, a processing charge of $60.00
shall be deducted from each check issued to the applicant;
5. The fees adopted under this Resolution shall take effect 60 days
from and after its passage and adoption.
Dated: November 6, 1991
I hereby certify that Resolution No. 91-206 was passed and
adopted by the Lodi City Council in a regular meeting held November 6,
1991 by the following vote:
-1-
RES91206/TXTA,02J
_�...�..�:r.A=c!z;+r+YM,.ybrrhrR4.MMn...ID•....w. _ ....:. :.:<.:. �:.. ...... ._ ,.., :.
Resolution 91-206
November 6, 1991
Ryes: Council Members - Pennino, Pinkerton, Sieglock, Snider
and Hinchman (Mayor)
Noes: Council Members - None
91-206
-2-
RFS91206/TXTA.02J
4 eF ! 'ICE OF PUBLIC HEARING
..CITY
ITY O L®D I
Date: November 6, 1991
CARNEGIE FORUM
30 West Pine Strrt4 Lodi Time: 7:30 p.m.
For information renardina this Public-Hearinq
Please Contact:
.Alice M. Reimche
City Clerk
Telephone: 333-6702
CONTINUED
NOTICE OF PUBLIC HEARING
November 6, 1991
NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a) Proposed Public Improvement Reimbursement Ordinance
All interested persons are invited to pre;3ent their views and comments on this
matter. Written statements may be filedwith the City Clerk at any time prior
to tho 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:
Piet,
Alice M. Reimche
City Clerk
Dated: October 16, 1991
Approved as to form:
Bo Nat '
Bo W. Mc
0
c it Attorney
?0-1
FREDERIC BAKER.
317 WEST LODI AVENUE
(209) 333-2881 LODI, CALIFORNIA 95240
S (209) 334-6501
November 6, 1991
�2 CD
ZJ
Jack L. Ronsko
-<:
r1i
Public Works Director
7� r.
C--)
City of Lodi
221 W. Pine Street
11
Lodi CA 910
7K
j.
vement Reimbursement Agreement C
Re: Publichaa
6s.
T
.Ixvr(
Dear Mr.'Ronskoar-1 m- D-im-
On my and on behalf -of Chris R. Kesz lei:, we
wi,,chl
to thank
the Public Works -1 epartment for the opportunity
to c
mment on
i.I
am writing because I do not know if we will al :end the
November:., 199L. meeting of the City Council.
Howevek, we have reviewed your proposal and
w:Lsk to lend
our support to - it,
-7-7-7-7-7
IQ..'fish alaQ tQ, th=k you for your work in
the list on our
_Reimbursementre: S nwest, which, but
r ;Uch an
for
agreement, L SUnweSt would not have been feasible.
Me u
_y ur
F e er Baker
AF f
-.CC: LCity Clerk