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Home My WebLink AboutAgenda Report - October 5, 1994 (67)`� OR CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Communications (September 1, 1994 through September 28, 1994) MEETING DATE: October 5, 1994 PREPARED BY: City Clerk RECOMMENDED ACTION: That the City Council set a public hearing for November 2, 1994 to consider appeal from Gilbert and Betty Kampe regarding development requirements at property located at 2024 Edgewood Drive, Lodi, BACKGROUND INFORMATION: The City of Lodi received a letter from Gilbert and Betty Kampe (see letter attached) in which they requested an appeal before the City Council regarding development requirements at their property located at 2024 Edgewood Drive, Lodi. It is recommended that the City Council set this matter for public hearing for November 2, 1994. FUNDING: JMP Attachment None required. nifer M. errin Clerk APPRC`/ED ---------- — ---- THOMAS A PETERSON ecrc eo DiLn City Maneger J cc k'd Gilbert and Betty Kampe 2925 Rockford Avenue Stockton, California 95207 September 6. 1994 City of Lodi P. O. Box 3006 Lodi, California 95241 L rr. Attention: Sharon A. Welch, Associate Civil Engineer RE: YOUR LETTER OF SEPTEMBER 1. 1994. MR. AND i•IRS. �'TLBERT KAbIPE CONSTRUCTION APPLICATION NUMBER 7925, 2024 EDGEWOOD DRIVE. LODI. CALIFORNIA - MITIGATION FEES AND %'OIdSTRUCTION REQUIREMENTS Ms. Welch: This date we received the above referenced letter via t?.=,. Nail, to say we were very surprised, appalled and -hocked ar.. tihe assessment of the Mitigation Fees i* a Sross understatement. Anidi _ i->naliy we were surprised at the Construction Fees and Requirementz. FIRST WE WILL ADDRESS THE MITIGATION FEES: In February of this year prior to the purchase of the property located .at. 2024 Edgewood Drive. Lodi, California, we were assured by one of the sellers Theodore Hutt that all services, water, sewer. telephone. electric and gas were all on the property and available for connection. The property listing showed all of these items as well as sidewaik5, street lights eet. (copy included). Even though we were assured by Mr. Huta as a condition of the sales contract prier to the sales agreement we made inquiry of the City of Lodi. On February 15, 1994 a message was left at the City oE L. --,di, Dave Comer. Mr. Comer returned the :,all and at that I—me we asked him about all Of the :services. water, sewer. elect: ik; =tn•1 gas, wi-:E'th�+r these services were on the r•r Gper t j/ available * _ connection and what if =tny charges for them would be due. e. were directed to Pacific; Gas ''t le-:_tric for inf-.-rmation`_'?u tr C3 _;h z, th,-, availabilitf .f t'hEr gam. Mr. Otl:c2' Said the woul-I Set 'n:!ici: 1 with t .. inioi'mati•.i;h ti!•3 1'@•:{ll@ te• mut It :SL' ,:ham Le t .ew ..a`ja. tiC were called lack in three (3) days after a Site inspection by the ..►t y "f r_ di advi.:;ed that. water. sewer :tnd were at thk- [>2'c,Pert7 a! -'d available f r cannectiorl. ii4>w&v&r vie would 'have paj for water laCc1'. thE• 3 i" i1,,tcr i��l:1�::uh_ : __ i'-:-11 ars; � i`)00 . c)0 ) . September 6, 1994 City of Lodi Page 2 Mr. Maiciel Fernandez of Pacific Gas & Electric, after site inspection advised us of the gas location. Both of these gentlemen were very helpful. We were also advised by Lodi Unified School District of the School Tax Fee, the amount to be. Two Hundred Dollars ($200.00) per bedroom. When we were advised of the water meter charge we made a request, through our Real Estate Agent for the Sellers to pay this fee. Mr. Theodore Hutz one of the sellers, refused on the grounds that no other homeowner in the Lakewood Area had been required to pay or have a water meter installed. We continued to stand that the charge for the meter should be the responsibility of the sellers as they guaranteed us that all the utilities vere on the site and ready for connection. Our real estate agent, Mandy Gerlack called the City of Lodi to verify the water meter charge and was told the cost would be Five Hundred Dollars ($500.00). Mr. Hutz was adamant in refusing to pay for the meter and suggested that we close and sue him in small claims court. We decided to continue the sale and sue him for the cost of the meter when or if were required to install one. Why are these fees being charged now, without the new property owner having any prior knowledge? Section 15.64.040 Payment of Fee, why have none of these conditions been met? Several Owners, no payments made, did any of these Owners have knowledge of these Fees? The Title Search conducted for Hutz and Kampe earlier this year showed no report of any Mitigation Fees, were Fees missed by Chicago Title Company? Why were we not advised of Mitigation Fees by the City of Lodi when we inquired in February of th-s year Are Fee costs based on the rate due in 1967? We feel that we made every effort to find out any costs that might be clue prior to the purchase of the property located at 2024 Edgewood Drive, Lodi, California. We would not have purchased this property if these facts were known to us a;B we already had another Iot ii -i escrow and wire waiting for the completion of the ;3ubdlvision. Our Budget for Construction did not .include these coag and we are not in ;a positi_in to pay them. ECOND WE W i LL How i5 the Wastewater Connection Fee developed? September 6, 1994 City of Lodi Page 3 THIRD WE WILL ADDRESS THE CONSTRUCTION REQUIREMENTS: Why would a new. property owner be required to repair a broken sidewalk, broken long before we considered the purchase of this property? Are the sidewalks in Lodi maintained by the property owner? If so this should Le a cost to a prior Owner. This sidewalk could have been broken by City Crews working on the utilities, the Utility Company or the Fence Company erecting the fence for the City or anyone driving a heavy vehicle over it. Is the waste water cleanout the responsibility of the Lodi property Owner? Typically the city provides the waste water cleanout and the Owner is responsible to come in and connect behind the waste water cleanout. We appeal these Mitigation Fees and ask for your prompt response to questions addressed in this letter. Sincerely, Betty Kampe C.C. City of Lodi Building Department Mid -Cal Constructors Chicago Title Company Fortune Realty, T. Huta M. September 6, 1994 City of Lodi Page 3 THIRD WE WILL ADDRESS THE CONSTRUCTION REQUIREMENTS: Why would a newproperty owner be required to repair a broken sidewalk, broken long before we considered the purchase of this property? Are the sidewalks in Lodi maintained by the property owner? If so this should be a cost to a prior Owner. This sidewalk could have been broken by City Crews working on the utilities, the Utility Company or the Fence Company erecting the fence for the City or anyone driving a heavy vehicle over it. Is the waste water cleanout the responsibility of the Lodi property Owner? Typically the city provides the waste water cleanout and the Owner is responsible to come in and connect behind the waste water cleanout. We appeal these Mitigation Fees and ask for your prompt response to questions addressed in this letter. Sincerely, Betty Kampe C.C. City of Lodi Building Department Mid -Cal Constructors Chicago Title Company Fortune Realty, T. Hutz CITY O ODI NOTIC�'OF PUBLIC HEARING Carnegie Forum Date: November 2,1994 .- 305 West Pine Street, LodiJ 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 November 2, 1994 NOTICE IS HEREBY GIVEN that on Wednesday. November 2, 1994 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 to consider the following matter. a) Appeal from Gilbert and Betty Kampe regarding development requirements at property located at 2024 Edgewood Drive. Lodi. 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: T , knier M. errin lerk Dated: October 6, 1994 Approved as to form: �' ! e Bobby W. McNatt City Attorney J %CITYCLRK1F0RMSW0ME2B DOC 104M DECLARATION OF MAILING On October 6, 1994 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 W; said envelopes were addressed as is more particularly shown on Exhibit "Be 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 October 6, 1994, at Lodi, California. Jennifer M. Perrin City Clerk Gilbert and Betty Kmpe 2024 Edgewood Drive Lodi, Ch 95240