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HomeMy WebLinkAboutAgenda Report - March 12, 2019 E-01 PH/SMTM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM Continue Public Hearing to April 17, 2019, to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01, for Public Improvements Constructed with Lodi Shopping Center March 12, 2019 Public Works Director RECOMMENDED ACTION Continue public hearing to April 17, 2019, 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. Since April 2018, several attempts have been made to conduct a public hearing to consider executing Reimbursement Agreement RA -18-01. In fact, there have been 10 Council requests to either, set, continue, or cancel a public hearing regarding this item because one major property owner, FCB Homes, disagrees with the reimbursement methodology and resulting allocations presented by the Applicants. This disagreement continues to result in threats of potential litigation from both FCB Homes and the Applicants. A public hearing was finally conducted on February 6, 2019, where Council was provided a presentation by staff outlining the factual history of this specific reimbursement agreement process, along with detailed information demonstrating why the Engineer's Report and corresponding cost allocations to the benefitting properties are appropriately derived in accordance with the City's LMC; followed by the recommendation that Council authorize the City Manager • execute Reimbu ementrepment RA -18-01. The City's APPROVED: Step en Schwa K:\WP\DEV_SERV\Reimbursements\RA1801 Lodi Shopping Center\CC_Cont PH 031219.doc y Manager 3/5/2019 Continue Public Hearing to April 17, 2019, to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01, for Public Improvements Constructed with Lodi Shopping Center March 12, 2019 Page 2 position has been validated by independent professional engineering and legal peer reviews. During the comment period, an attorney representing FCB Homes provided Council with a two-page hand-out that referenced Sections 17.46.010, 17.62.040, 17.62.050 of the LMC and excerpts from Government Code section 66419 that generated additional questions that staff could not address without additional time to analyze. Considering the new information provided, and the need for staff to conduct further review, Council chose to continue the February 6, 2019 public hearing until March 12, 2019 to allow staff time to analyze the arguments made by FCB Homes and provide staff's response. Staff engaged outside counsel to provide a legal opinion addressing the arguments made by FCB Homes. The legal opinion will not be completed in time to present at the March 12, 2019 public hearing. For this reason, staff recommends continuing the public hearing to April 17, 2019. Based on video of the Council meeting, it is clear that Council intended to continue the public hearing only for the purpose of revisiting the new arguments. FISCAL IMPACT: All costs to prepare and administer Reimbursement Agreement RA -18-01 are borne by Applicants. FUNDING AVAILABLE: Not applicable. Charles E. Swimle►,..,lr. Public Works Director CES/CES/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 031219 doc 3/5/2019 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 Tuesday, February 12, 2019, 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 February 12, 2019, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS SYLVIA DOMINGUEZ DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings \AFFADAVITS\DECPOSTPW2.doc CITY OF LO DI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: March 12, 2019 Time: 7:00 a.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 12, 2019, at the hour of 7:00 a.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 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: a1v�a nifer M G erraiolo ity Clerk Dated: February 6, 2019 Appp ved as to form: ,JniceI�Magdich City -Attorney AVISO: Para obtener ayuda interpretativa 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 2/12/19 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS 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, JANUARY 19, 2019 LEGAL AD TEAR SHEETS WANTED: One 11) 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, JANUARY 17, 2019 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK --lgtr7F-6(,)/ PAMELA M. FARRIS DEPUTY CITY CLERK SYLVIA DOMINGUEZ ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at olassifiedl@lodinews.com at q ' l(a) ort LNS I Phones to confirm receipt of all pages at (time) .E€3— PMIS (initials) (ate {pages} forms',advins.doc DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE REIMBURSEMENT AGREEMENT RA -18-01 WITH BROWNIAN DEVELOPMENT COMPANY AND ELLIOT HOMES FOR PUBLIC IMPROVEMENTS CONSTRUCTED WITH LODI SHOPPING CENTER On Thursday, January 17, 2019, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to consider resolution authorizing City Manager to execute Reimbursement Agreement RA -18-01 with Browman Development Company and Elliot Homes for public improvemen:s constructed with Lodi Shopping Center, attached hereto marked Exhibit A. The mailing list for said matter is attached hereto marked Exhibit B. 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 January 17, 2019, at Lodi, California. / ?-yiv./.[yam PAMELA M. FARRIS ELIZABETH BURGOS ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail,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, January 17, 2019, 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 Looby Lodi Carnegie Forum Worknet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on January 17, 2019, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK SYLVIA DOMINGUEZ ADMINISTRATIVE CLERK N:\Administration\CLERK\Publlc H arings\AFFADAVITS\DECPOSTPW2.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 6, 2019 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 a EXHIBIT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 6, 2019, 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 sLbject 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 tie close of the public hearing. By Order of the Lodi City Council: 71,, rraiola r nifer M. ity Clerk Dated: January 16, 2019 proved as to form: Fe - Janice, agdich City Attorney AVISO: Para obtener ayuda interpretative con este noticla, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. N1AdmInlelratIon\CLERK\Publla Hearinaa\M TIeFf NnIPW PnIn*,Anml Ann EXHIBIT bl Name Adciress Lodi LSR Properties, LLC 10100 Trinity Parkway, Suite 420 Stockton, CA 95219 P.O. Box 520 Woodbridge, CA 95258 Jacaba Zunino Sunset Tartesso, LLC 340 Palladio Parkway, Suite 521 Folsom, CA 95630 2057 Lowsac, LLC 19934 Meadow Oak Drive Woodbridge, CA 95258 1303 Rivergate Drive Lodi, CA 95240 Weldon D Schumacher Joey Tamura 788 West Armstrong Road Lodi, CA 95242 Robert Van Ruiten P.O. Box 548 Woodbridge, CA 95258 395 East Harney Lane Lodi, CA 95242 Earl Rieger Larry D. & D. R. Wells 427 East Harney Lane Lodi, CA 95242 Norene Dietrich _ 463 East Harney Lane Lodi, CA 95242 Phyllis Mastel 499 East Harney Lane Lodi, CA 95240 Joe Alvarez 533 East Harney Lane Lodi, CA 95242 Robert W. & Jennifer J. Pinnell 2627 West Harney Lane Lodi, CA 95242 Stephen Mann 1018 Laurel Avenue Lodi, CA 95242 W.L. Investors, LP 10100 Trinity Parkway, Suite 420 Stockton, CA 95219 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, March 14, 2019, 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 March 14, 2019, at Lodi, California. —7LeR7-7-zu{ f y / 2 L 1e4 PAMELA M. FARRIS DEPUTY CITY CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK SYLVIA DOMINGUEZ ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings \AFFADAVITS\DECPOSTPW2.doc CITY OF LOIM Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: April 17, 2019 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 EXHBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 17, 2019, 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 statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2n91 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: . - !f �114'--1.\.0.1,.b] enifer�t.M. e)raiolo Cdy Clerk Dated: March 12, 2019 Approved as to form: ' Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. N:\Administration\CLERK\Public Hearings \NOTICES\No1PW ReimbAgmt.doc 3/7/19