HomeMy WebLinkAboutAgenda Report - October 17, 2018 G-01 PHTM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
Continue Public Hearing to November 7, 2018 to Consider Adopting Resolution
Authorizing City Manager to Execute Reimbursement Agreement RA -18-01, for
Public Improvements Constructed with Lodi Shopping Center
October 17, 2018
Public Works Director
RECOMMENDED ACTION
Continue public hearing to November 7, 2018 to consider adopting
resolution authorizing City Manager to execute Reimbursement
Agreement RA -18-01, for public improvements constructed with
Lodi Shopping Center.
BACKGROUND INFORMATION: Browman Development Company (BDC), the developer of Lodi
Shopping Center, located at the southwest corner of Kettleman Lane
and Lower Sacramento Road, entered into an Improvement
Agreement with the City, dated July 28, 2015. As required under the conditions of approval for the project
and terms of the Improvement Agreement, BDC and by separate agreement, Elliot Homes, Inc.
(collectively "Applicants") completed certain public improvements on Westgate Drive and Century
Boulevard. The improvements include the installation of asphalt concrete pavement, concrete curb, gutter
and sidewalk, concrete median with landscape, water, wastewater, storm drainage lines, traffic signal
modifications at Kettleman Lane and Westgate Drive, wastewater trunk line relocation, storm water basin,
and storm water pump station. Portions of the public improvements installed by Applicants benefit
properties outside the project area, which lie between Kettleman Lane and Harney Lane.
The public improvements were accepted by City Council on October 19, 2016. The Applicants request a
Reimbursement Agreement in conformance with Lodi Municipal Code (LMC) Chapter 17.62, to recover the
cost of the improvements benefiting the above mentioned properties, including related costs such as land
cost, engineering, inspection, and plan check fees. The Engineer's Report prepared by SNG Associates,
Inc., utilized established engineering principles to determine the appropriate reimbursement for each
benefiting property.
The public hearing to consider the Reimbursement Agreement was originally scheduled to be conducted
on April 19, 2018, but was continued then ultimately cancelled on August 1, 2018, because one major
property owner, FCB Homes, disagrees with the reimbursement methodology and resulting allocations
presented by the Applicants. This disagreement resulted in threats of potential litigation from both FCB
Homes and the Applicants.
Staff has attempted, on several occasions, to facilitate meetings with FCB Homes and the Applicants to
obtain a resolution. Unfortunately this effort has not been successful. Throughout this process, several
minor changes were made to the Engineer's Report; however, the primary disagreement revolves around
overhead/profit and insurance paid to the general contractor and whether or not this cost, along with
indirect costs such as dust control, State -mandated storm water management; San Joaquin Council of
APPROVED:
Stephen'chwabauer, City Manager
K:\WP\DEV_SERV\Reimbursements\RA1801 Lodi Shopping Center\CC_Cont PH 101718 doc
10/10/2018
Continue Public Hearing to November 7, 2018 to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01, for
Public Improvements Constructed with Lodi Shopping Center
October 17, 2018
Page 2
Governments agricultural mitigation costs, land costs, and other general site management costs are
reimbursable construction costs. Some disagreement also lies in how the reimbursement allocations are
distributed.
Due to the existing potential threats of litigation that could involve the City, and due to the complexity of the
Agreement, Staff has recommended the Applicants and FCB Homes engage in binding arbitration to obtain
a resolution. The binding arbitration process would be conducted and evaluated by a non -biased, third -
party professional with specific experience with reimbursement agreements. Additional time is needed for
the Applicants and FCB Homes to agree to pursue this option. For this reason, Staff recommends
continuing the public hearing to November 7, 2018.
FISCAL IMPACT: All costs to prepare and administer Reimbursement Agreement RA -18-01
are borne by Applicants.
FUNDING AVAILABLE: Not applicable.
Charles E. Swim y, Jr: ----
Public Works Director
CES/LC/tdb
cc: Senior Civil Engineer, Nathan
Senior Engineering Technician, Wiman
Public Works Management Analyst
Browman Development
SNG & Associates
Property Owners
K:\WP\DEV_SERV\Reimbursements\RA1801 Lodi Shopping Center\CC_Cont PH 101718 doc 10/10/2018
DECLARATION OF POSTING
NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION
AUTHORIZING CITY MANAGER TO EXECUTE REIMBURSEMENT
AGREEMENT RA -18-01 FOR PUBLIC IMPROVEMENTS CONSTRUCTED
WITH LODI SHOPPING CENTER
On Thursday, October 18, 2018, in the City of Lodi, San Joaquin County, California, a
Notice of Continued Public Hearing to consider resolution authorizing City Manager to
execute Reimbursement Agreement RA -18-01 for public improvements constructed with
Lodi Shopping Center (attached and marked as Exhibit A) was posted at the following
locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
Worknet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 18, 2018, at Lodi, California.
or..00 r, ‘I J1_
PAMELA M. FARRIS SYLVIA DOMINGUEZ
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
DEPUTY CITY CLERK ADMINISTRATIVE CLERK
N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTPW2.doc
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF CONTINUEDPUBLIC HEARING
Date: November 7, 2018
Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Ferraiolo
City Clerk
Telephone: (209) 333-6702
vl
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, November 7, 2018, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a continued public hearing at the Carnegie Forum, 305 West Pine Street, Lodi,
to consider the following matter:
a) Resolution authorizing City Manager to execute Reimbursement
Agreement RA -18-01 for public improvements constructed with
Lodi Shopping Center.
Information regarding this item may be obtained in the Public Works Department,
221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to
present their views and comments on this matter. Written statement may be filed with
the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, 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 close of the public hearing.
By Order of the Lodi City Council:
Je -r M. Fe GE=iolo
City lerk
Dated: October 17, 2018
Apprved as to form:
~Ja ice D-Magdich
City Attorney
AVISO: Para obtener ayuda interpretativa con esta noticia, por favor (lame a la oficina de la
Secretaria Municipal, a las (209) 333-6702.
N:\AdmInistration\CLERK\Public Hearings \NOTICES\NotPW_ReimbAgml.doc 10/11/18
J
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
AUTHORIZING CITY MANAGER TO EXECUTE REIMBURSEMENT
AGREEMENT RA -18-01 FOR PUBLIC IMPROVEMENTS CONSTRUCTED
WITH LODI SHOPPING CENTER
PUBLISH DATE: SATURDAY, OCTOBER 6, 2018
LEGAL AD
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 4, 2018
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA F IS -
tea
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Emailed to the Sentinel at classified1@lodinews.com at V' 1 �. me) on I' I ,t (pages)
LNS Phoned to confirm receipt of all pages at (time) EB F (initials)
forms\advins.doc
DECLARATION OF POSTING
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION AUTHORIZING
CITY MANAGER TO EXECUTE REIMBURSEMENT AGREEMENT RA -18-01
FOR PUBLIC IMPROVEMENTS CONSTRUCTED WITH
LODI SHOPPING CENTER
On Thursday, October 4, 2018, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider resolution authorizing City Manager to execute
Reimbursement Agreement RA -18-01 for public improvements constructed with
Lodi Shopping Center (attached and marked as Exhibit A) was posted at the following
locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
Worknet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 4, 2018, at Lodi, California.
42„7„/,v))
PAMELA M. FARRIS
DEPUTY CITY CLERK
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTPW2.doc
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: October 17, 2018
Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Ferraiolo
City Clerk
Telephone: (209) 333-6702
1
EXHIBIT
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, October 17, 2018, 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) Resolution authorizing City Manager to execute Reimbursement
Agreement RA -18-01 for public improvements constructed with
Lodi Shopping Center.
Information regarding this item may be obtained in the Public Works Department,
221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to
present their views and comments on this matter. Written statements may be filed with
the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, 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 close of the public hearing.
By Order of the Lodi City Council:
fY\
nnifer I li. Ferraiolo
City Clerk
Dated: October 3, 2018
A "
rave asormdtoform:
}
`.Janice.. D. Magdich
City Attorney
AVISO: Para obtener ayuda interpretative con esta noticia, por favor Ilame a la oficina de la
Secretaria Municipal, a las (209) 333-6702.
N:Wdministration\CLERK\Public Hearings \ NOTICES \NotPW ReimbAgmt.doc
9/27/18