HomeMy WebLinkAboutAgenda Report - June 7, 1995 (63)OF
CITY OF LODI COUNCIL COMMUNICATION
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 & 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 frglgfuture development.
Jac L. Ronsko
Publib 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: %4
THOMAS A. PETERSON recycled paper
16. City Manager 10
cc -1
CPHRACMIDOC 05/25!95
WHEN RECORDED, RETURN TO:
City Clerk
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 (10%) 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 fess
payments made during the previous year)
I
The initial ENR index for this agreement is 5432.08. The initial reimbursable
amounts are listed below.
Water Main Extension S 9.1 B/front foot
Sanitary Sewer Main Extension $ 7.69/front foot
Storm Drain Extension S 2.41 /front foot
Street Improvements for Mills Avenue & $ 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.
S. 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
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.
APPLICANTS)
5/8195
Charles G. Oewel, President Date
(CORPORATE SEAU
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
CITY OF 'LODI��FOR
F
URY MEADOWS THR`E
ITS NO. 1, 2, & 3
BURSEMENT SRA -95-03
N.T.S.
REIMBURSEMENTS:
Extensions:
Water
Sanitary Sewer
Storm Drain
Street Improvements
for Mills Avenue &
intersection at
Century Souievard
$ 9.18/front foot
$ 7.69/front foot
$ 2.41 /front foot
$20.97/front foot
hMes
Clty of tea Cad Estimate for
Publics Works Department Reinbusenwnt Agn»mant
Development Century Meadows Three, Units 1, 2 and 3
DevelopM: Pacific Valley Housing Corporation
Etrgi mw- Baumbach & Placa
Coat of Raimbu ssoble Improvements for Milis Avenue
Storm Drain System
1. 2,r Storm Drain Pipe (Cost of 24, minus 16' pipe)=
178 LF $3.42
100
5608.76
Palcis
127 LF 4.00
JIM Desededon
508.00
UJA
Em
RemnWrsable
T"
Street System
1. Roadway Excavation
368
CY
$1.50
100
5552.00
2. Roadway ExcrA tion
564
CY
2.50
100
1,410.00
3. Roadway Excavation
72
CY
2.70
100
194.40
4. Compact Original Ground (0.67)
3,630
SF
0.13
100
471.90
5. Compact Original Ground (0.50)
2,320
SF
0.13
100
301.60
6. Compact Original Ground (0.St)r)
9,880
SF
0.05
100
494.00
7. Compact Original Gmund (0.501
2,705
SF
0.15
100
405.75
S. Compact Native Ntatarial (0.50)
2,320
SF
0.20
100
464.00
9. Compact Native Material (0.501
12,585
SF
0.15
100
1,887.75
10. AgWegate Bast, Clap II (0.50)
13,510
SF
0.40
100
5,404.00
11. Aggregate Saes, Clap II (0.50)
2,705
SF
0.60
100
1,623.00
12 Aggregate Saes, Clap II (0.301
2,320
SF
0.25
100
580.00
13. Asphalt Concrete, Type B (0.20)
9,120
SF
0.40
100
3,648.00
14, Asphalt Concrete, Type B (0.20)
2,496
SF
0.55
100
1,37280
15. Asphalt Concrete, Type B (0.25')
3,360
SF
0.55
100
1,848.00
16. Asphalt Concrete, Type B (0.30)
2,345
SF
0.55
100
1,289.75
17. Asphalt Concrete Overlay (&101
2,496
SF
0.28
100
698.88
18. Asphalt Concrete Overlay (0.051
9,120
SF
0.13
100
1,185.60
Subtotal
$23,831.43
10% Engineering i Administration
S2,383.14
Phan Check i inspection Fees'
51.208.03
Subtotal
$27,422.60
Less city paid credits
$0.00
Total Strath System
$27.42260
Storm Drain System
1. 2,r Storm Drain Pipe (Cost of 24, minus 16' pipe)=
178 LF $3.42
100
5608.76
2. 16- Storm Drain Pipe (Cost of 15' minus 12' pipe?
127 LF 4.00
100
508.00
3. 12 Storm Drain Pipe (Fubre street stub)
15 tF 15.40
100
231.00
4. 1 T Stone Drain Pipe (Future sVaat Stub)
24 LF 17.50
100
420.00
S. 12- Storm Drain Pipe (Future atrast stub)
51 LF 19.00
100
969.00
Subtotal
12,736.76
10% Engineering i Administration
$273.68
Plan Check a Inspection Fees'
$139.39
Subtotal
53,149.83
Less City paid credits
$0.00
Total Storer Drain Systam
$7,149.53
%'q. 1 W 2 uIaM REIM EST: _;;
tssa�+rs
1. zr Sanitary Sewer Pipe (Bases an aT cost)'
310 LF $15.02
50
SZ328.10
2. 24' Sanitary Saw Pipe (Based an 8' oats
745 LF 11.50
50
4,283.75
3. 24' Sanitary Sewer Pipe (Based an 8' code
203 LF 12.25
50
1,243.38
4. Sanitary Sewer I In I - I le (Fullers street htersecdon)
1 EA 800.00
100
800.00
S. r Sanitary Sewer Pipe (Fullers street stub)
7 LF 1225
100
85.75
Subtotal
58,740.98
10% Engineering 6 Administration
$074.10
Plan Check i Inspection Fees'
$441.39
Subtotal
310.058.47
Less City paid credits
50.00
Total Sae/tary Saver System
$10.047
Water system
1. 10' Water Pipe
296 LF $15.68
50
SZ=64
2. 10' Water Pipe
761 LF 15.50
50
5,897.75
3. 10' Water Pipe
208 LF 18.60
50
1,934.40
4. 8- Water Pipe (Future street stub)
29 LF 13.60
100
394.40
S. 8- Valve (Future street stub)
1 EA 500.00
100
500.00
6. Fre Hydrant Assembly
1 EA 1,400.00
50
700.00
7. Temporary Blowoff (Future street stub)
1 EA 495.00
100
495.00
Subtotal
$12,24219
10% Engineering 3 Administration
$1,224.22
Plan Cheek i Inspection Fees'
$534.32
Subtotal
$14,000.73
Less City paid credits
51,995.25
Total Water System
$lZ006.49
Subtotal Reimburseable Costs
S5Z834.38
Clly Fee for preparatlon of agreement
5526.34
(1 % of system subtotals, SSW minumum )
Tofal Re/mburssab/e Cost
;62100.72
:ly:1IL• -,!_, II. II A 1'. !77z 1 .11 l• 11 '�1
11 :,, •_ lill •�•i
-til it!_.1I_-au l•. � 1 1 1 �..a� :ll ►•.II � 1
� yill' t_.11.y It l'. ♦ I '
Cast (Ind.
prorated Cly
fee) Quantity Fee
327,696.83 / 1,321 520.97 per Front Foot
$3,181.3311,321 $241 per Front Fact
$10,157.03 / 1,321 $7.69 per Front Fad
$12,125.53 / 1,321 $9.18 per Frac Foot
$53,180.72
Notes:
1. The total plan check and inspection fees for the reimburseable items is based on the percentage of the total east of the reimbtrseable
items Compared to the total construction costs for public improvernects. The pian check and inspection fees were apportioned to each
category based an the cost of the nwnburaeable items for each category Compared to the total reimburseable costs.
2 The reimburseable Cost is based on the cost difference between the sae storm drain pipe installed and the sae storm drain pipe which
would have been required to serve only the Cantury Meadows Three subdivision.
>.Q.; -I, Mess PENES,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
L c, I I-� O r- rn 10_
r�1 a r I n
No. 5907
On n C'L.-T
C� I CI before me, (f Ci -r-, U. w L
U. c ,
DATE NAME. TITLE OF OFFICER . E.G.. "JANE DOE. NOTARY PU9IJC-
personally appeared C- h C, -K i -C
NAME(S) OF SIGNER(S)
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
U , . TIFFANY HOWE signature(s) on the instrument the person(s),
0 y Comm. #1037337 //��
TARYPUBLIC- CALIFORNIAw or the entity upon behalf of which the
Comm. �resOo�8.19 A person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNA61RE 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
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
_)1993 NATIONAL NOTARY ASSOCIATION - 8236 R=— yet Ave.. 1 0 Box 7184 -Canoga Parx Cas .309-7184
221 WEST PINE STREET
CITY OF LODI
LODI, CALIFORNIA95240
MUM. MC10"W"CIRRI
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: ONE
AFFIDAVIT AND BILL TO:
DATED:
advins/forms
MAY 4, 1995
JACQUELINE L. TAYLOR
ACTING CITY CLERK
ORDERED BY:
A. lilo,kL
LINDA S. NICHOLS
DEPUTY CITY CLERK
•, 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. Tay[
ctin City Clerk
Dated: May 4, 1995
Approved as to form:
Bobby W. McNatt
City Attorney
JACITYURKTORMSNOTGEN.DOC 511195
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
On May 4, 1995 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
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 l
Deputy City Clerk
decmail/forms
CITY COUNCIL
STEPHEN). MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY C. DAVENPORT
PHILLIP A. PENNINO
)ACK A. SIECLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
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 speakers
card (available at the Carnegie 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.
ack Ronsko
ublic orks Director
JLRJIrn
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