HomeMy WebLinkAboutAgenda Report - June 22, 2021 B-01 SMAGENDA ITEM VMS
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AGENDA TITLE: Adopt Resolution Extending the Partial Acceptance of the Gateway North
Subdivision, Unit No. 2 (Tract No. 3976) Public Improvements
MEETING DATE: June 22, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution extending the partial acceptance of the
Gateway North Subdivision, Unit No. 2 (Tract No. 3976) public
improvements.
BACKGROUND INFORMATION: Gateway North Subdivision, Unit No. 2, is the second phase of
the multi -phase residential development located west of
Westgate Drive and south of Kettleman Lane, as shown on
Exhibit A. Unit No. 2 consists of 107 single-family, residential lots.
The improvement agreement for the project, approved by Council on December 18, 2019, requires
the installation of all interior subdivision public improvements, a neighborhood park, street
improvements on Lower Sacramento Road, underground water pipe relocation, and street
improvements on Kettleman Lane.
The developer, Blossom Land Company, has completed all public improvements within the partial
acceptance area, as shown on Exhibit A. The neighborhood park and the public improvements on
Lower Sacramento Road are expected to be completed by the end of June 2021. The developer
requested the City approve partial project acceptance of the subdivision to allow home occupancy of
the homes within the subdivision. On May 5, 2021, the City Council approved the proposed partial
acceptance with the following conditions:
1. Maintain a security on remaining work in accordance with the Subdivision Map Act
requirements.
2. Provide a two-year warranty bond equal to 10 percent of the value of the accepted
improvements. The new warranty bond shall cover all the required public improvements for
two years from the date of the final acceptance by the City Council as outlined in the original
improvement agreement and approved subdivision plans.
3. Payment of $10,000 for the partial project acceptance fee.
4. No more than 10 homes will be allowed to be final/occupied prior to the final acceptance of
the subdivision improvements.
Developer originally planned for the full project acceptance in June of 2021. To date the Developer,
although making progress, has yet to complete the remaining Public Improvements due to various
delays. Developer is requesting to allow final/occupancy of additional homes before the final
acceptance. Due to the unexpected project delays and the cancellation of the July 5 Council meeting,
staff agrees this is a reasonable request and recommend the City Council approve the following:
APPROVED: Steve SchwabaUer
Stephen Schwabauer, City Manager
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_PartialAccept public improvements_GWN2AGM16/2021
Adopt Resolution Extending the Partially Accepting Gateway North Subdivision, Unit No 2 (Trail No 3976) Public Improvements
June 22, 2021
Page 2
1. Continue to extend the partial acceptance of the project and require Developer and its
contractor to maintain the required insurance and securities set forth in the improvement
agreement.
2. Maintain the two-year warranty bond stated above.
3. Payment of the $10,000 for the extended partial project acceptance fee.
4. No more than 50 homes (in addition to the 10 homes already final) will be allowed to be
final/occupied prior to the final acceptance of the subdivision improvements.
Staff recommends the City Council adopt a resolution extending the partial acceptance of Gateway
North Subdivision, Unit No. 2, (Tract No. 3976) public improvements, with the extended partial project
acceptance conditions listed above.
FISCAL IMPACT: There will be an increase in long-term maintenance costs for public
infrastructure and City services, such as police, fire, and parks. This
cost will be partially funded by proceeds from the Community Facilities
District No. 2007-1.
FUNDING AVAILABLE: Not applicable.
AK Charles E. Swimley, Jr,
Public Works Director
Prepared by Lyman Chang City Engineer/Deputy Public Works Director
CS/LC/cd
Attachments
cc: City Attorney Magdlch
Public Works Management Analyst
Senior Civil Engineer Nathan
Senior Engineering Technician Wiman
Assistant Engineer, Kiriu
Blossom Lend Company
MCR Engineering
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Exhibit A
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K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_ExhibitA.mxd
Doc 0: 2021-122892
When Recorded Please Return to: 07/22/2021 12:20:36 PM
Lodi City Clerk Page: 1 of 2 Fee: $0
P.O.BOx3006 Steve J. Bestolarides
Lodi, ox 95241-1910 San Joaquin County Recorders
Paid By: SHOWN ON DOCUMENT
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RESOLUTION NO. 2021-184
A RESOLUTION OF THE LODI CITY COUNCIL EXTENDING THE
PARTIAL ACCEPTANCE OF THE GATEWAY NORTH SUBDIVISION,
UNIT NO. 2 (TRACT NO. 3976) PUBLIC IMPROVEMENTS
WHEREAS, Gateway North Subdivision, Unit No. 2, is the second phase of the multi-
phase residential development located west of Westgate Drive and south of Kettleman Lane
and consist of 107 single-family residential lots; and
WHEREAS, the improvement agreement for the project, approved by Council on
December 18, 2019, requires the installation of all interior subdivision public improvements, a
neighbor park, street improvements on Lower Sacramento Road, and underground water pipe
relocation, and street improvements on Kettleman Lane; and
WHEREAS, the developer, Blossom Land Company, has completed all public
improvements within the partial acceptance area and the neighborhood park; and
WHEREAS, the developer is requesting the City approve extending the partial project
acceptance of the subdivision to allow home occupancy of the homes within the subdivision.
Staff recommends the proposed partial acceptance with the following conditions:
1. Continue to extend the partial acceptance of the project and require Developer and its
contractor to maintain the required insurance and securities set forth in the
improvement agreement.
2. Provide a two-year warranty bond equal to 10 percent of the value of the accepted
improvements. The new warranty bond shall cover all the required public
improvements for two years from the date of the final acceptance by the City Council
as outlined in the original improvement agreement and approved subdivision plans.
3. Payment of $10,000 for the partial project acceptance fee.
4. No more than 50 homes (in addition to the 10 homes already final) will be allowed to
be final/occupied prior to the final acceptance of the subdivision improvements.
WHEREAS, staff recommends extending the partial acceptance of the Gateway North
Subdivision, Unit No. 2 (Tract No. 3976) public improvements, within the limit and with the
partial project acceptance conditions listed above.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby extend
the partial acceptance of the Gateway North Subdivision, Unit No. 2 (Tract No. 3976) public
improvements, within the limit and with the partial project acceptance conditions listed above;
and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: June 22, 2021
I hereby certify that Resolution No. 2021-184 was passed and adopted by the City
Council of the City of Lodi in a special meeting held June 22, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JENNIF R CUSMIR
City Clerk
2021-184