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HomeMy WebLinkAboutAgenda Report - March 6, 2002 E-10 PHAGENDA TITLE: Set Public Hearing for April 3, 2002, to Consider Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract No. 2850 MEETING DATE: March 6, 2002 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a Public Hearing for April 3, 2002, to consider Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract No. 2850. BACKGROUND INFORMATION: The Richards Ranch subdivision is located west of and adjacent to Cherokee Lane, north of Harney Lane, south of the existing Johnson Ranch development and is adjacent to a future school/park site on the west. The Thayer Ranch subdivision is immediately west of the Richards Ranch subdivision, south of the future school/park site and north of Harney Lane. The subdivision locations are shown on Exhibit 1. Although the developments had separate tentative and final subdivision maps, the developer, Park Place Development, LLC (R. Thomas Development and Tokay Development, Members) constructed the subdivisions as one project. Subdivision improvements included all public improvements within the subdivision boundaries as well as the northerly extension of Bluejay Way, the extension of water, wastewater and storm drain lines through adjacent parcels to the west to Stockton Street, and the installation of street frontage improvements along the future school/park site on Bluejay Way and Culbertson Drive. Portions of the public improvements installed by the developer benefit the future park and school sites and neighboring properties hereafter identified as Arcadia Place (APN 062-290-31), the Neuschaeffer Property (APN 062-290-17), and Miller Property (APN 062-290-14 and 37 and APN 062- 290-38). The benefiting properties are shown in Exhibit 1. The developer has requested a Reimbursement Agreement and establishment of an area of benefit in conformance with Chapter 16.40 of the Lodi Municipal Code (LMC) for those improvements that benefit the neighboring properties. Reimbursement to the developer for the improvements for the properties owned by the City (park site) and Lodi Unified School District (LUSD) was accomplished during the construction of the subdivision and those properties are not included in the area of benefit. The property owners within the area of benefit have been notified. The developer has paid the appropriate application fee and the fees to cover the cost of recording the Reimbursement Agreement. A copy of the Reimbursement Agreement, including itemized costs for the reimbursable improvements, is attached as Exhibit 2. In conformance with LMC Section 16.40, staff recommends that Council set a public hearing to establish an area of benefit and reimbursable costs to recover the cost of public improvements benefiting the parcels known as Arcadia Place (APN 062-290-31), the Neuschaeffer Property (APN 062-290-17), and the Miller Property (APN 062-290-14 and 37 and APN 062-290-38). The reimbursable costs for each property are shown on Exhibit B1 and B2 of the attached Reimbursement Agreement. APPROVED: tj-'Vj Dixon Flynn -- City Manager CSETPHREIMBAGREE0201 02/25/02 Set Public Hearing for April 3, 2002, to Consider Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract No. 2850 March 6, 2002 Page 2 Pursuant to LMC Section 16.40.50.A.3, 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. Similar adjustments to the reimbursable costs will be made each January until payment is received. In the event that the benefiting properties shown on Exhibit 1 develop, the City will collect the appropriate amounts from the developers of the benefiting property and reimburse the developer. The charges for a benefiting property shall be paid in full at the time of the first development on that property. FUNDING: Applicant fees and reimbursement fees collected fr future development. Richard C. Prima, Public Works Director Prepared by: Sharon A. Welch, Senior Civil Engineer SNG & Associates Inc. RCP/SAW/SNG/ Attachments cc: Senior Civil Engineer — Development Services Park Place Development Lodi Building Partners III, L. P. Donald and Nancy Miller Robert Neuschaeffer, et al CSETPHREIMBAGREE0201 CITY , • , y �,s DEPARTMENT ��FOR EXHIBIT 1 �`_ ' '-- --tea EXHIBIT 2 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 REIMBURSEMENT for PUBLIC IMPROVEMENTS RICHARDS RANCH, TRACT NO. 2636 AND THAYER RANCH, TRACT NO. 2850 AGREEMENT # RA -02-01 THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as "City", and PARK PLACE DEVELOPMENT, L.L.C., a California Limited Liability Company, hereinafter referred to as "Applicant". RECITALS: WHEREAS, Applicant is the developer of those subdivisions titled Richards Ranch and Thayer Ranch, generally located west of Cherokee Lane and north of Harney Lane, and has entered into an Improvement Agreement with the City dated October 4, 2000, to construct public improvements needed to serve the development, and WHEREAS, the Applicant has constructed certain public improvements (hereinafter "Improvements"), which include installation of asphalt concrete pavement, concrete curb, gutter, and sidewalk, water pipe, wastewater pipe, storm drain pipe, and other miscellaneous and related items, 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 properties 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: 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, engineering plan check fees (1.5%), engineering inspection fees (2.5%) and the reimbursement application fee (1%). The consultant fee incurred by the City in conjunction with the preparation of the reimbursement agreement is reimbursable to the City. All reimbursable costs are shown in attached Exhibits B1 and B2. 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 2003 by the following formula: (ENR Jan. 1 of current year) _ (initial ENR) X (Balance due Jan. 1 of prior year less payments made during the previous year) The initial ENR index for this agreement is 6462. The initial reimbursable amounts are listed below and itemized on Exhibits B1 and B2. RICHARDS RANCH Storm Drain Extension $ 27,777.00 Sanitary Sewer Main Extension $ 7,776.13 Water Main Extension $ 5,572.00 Street System $ 13,017.90 Sub Total $ 54,143.03 10% Engineering and Administration Fee $ 5,414.31 Engineering Plan Check Fee (1.5%) $ 812.14 Engineering Inspection Fee (2.5%) $ 1,353.57 Reimbursement Application Fee (1 %) $ 541.43 Consultant Fee (SNG Associates) $ 6,220.18 Total $ 68,484.67 Reimbursable to City THAYER RANCH Storm Drain Extension $ 6,109.00 Sanitary Sewer Main Extension $ 8,512.84 Sub Total $ 14,621.84 10% Engineering and Administration fee $ 1,462.19 Engineering Plan Check Fee (1.5%) $ 219.33 Engineering Inspection Fee (2.5%) $ 365.55 Reimbursement Application Fee (1%) $ 146.23 Consultant Fee (SNG Associates) $ 1,679.82 Total Reimbursable to City TOTAL REIMBURSABLE COSTS $ 18,494.96 $ 86,979.63 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 and the City for a period of fifteen (15) years. The charges for a benefiting property shall be paid in full at the time of the first development on that property. 74 4. The Applicant shall pay the City $687.65 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. 5. Upon each collection of reimbursement charges, the portion of the reimbursement charges attributed to the Consultant Fee shall be reimbursed to the City and an administrative charge shall be deducted from the reimbursement due the Applicant and retained by the City for administering the reimbursement provisions of this agreement. The administrative charge shall be established from time to time by resolution of the City Council. As of the date of this agreement, the current administrative 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: Public Works Director 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 Correspondence and payments to Applicant shall be addressed as follows: Park Place Development, L.L.C. P.O. Box 1598 Lodi, CA 95241 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. 3 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. PARK PLACE DEVELOPMENTS, LLC Date (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION Bv: H. Dixon Flynn, City Manager Date ATTEST: Susan J. 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I 1 I I F I � r EXHIBIT 131 City of Lodi Cost Estimate for Richards Ranch/Thayer Ranch Public Works Department Reimbursement Agreement Development: Richards/Thayer Ranch Developer: Park Place Development, LLC Engineer: Baumbach & Piazza Cost of Reimbursable Improvements for: RICHARDS RANCH Arcadia Place Neuschaffer Property Item Descriptio Quantit Unit Price APN 062-290-31 APN 062-290-17 Street System 1 Clearing 0.15 AC $500.00 $75.00 $0.00 2 Roadway Excavation 265 CY $4.75 $1,258.75 $0.00 3 Compact Original Ground 5325 S F $0.09 $479.25 $0.00 4 Aggregate Base Cl II (0.40') 5325 S F $0.44 $2,343.00 $0.00 5 Asphalt Concrete (0.25') 5325 S F $0.70 $3,727.50 $0.00 6 Vertical Curb & Gutter 178 L F $13.00 $2,314.00 $0.00 7 Concrete Subgrade compaction 445 S F $0.32 $142.40 $0.00 8 Sawcut & Remove Existing Pavement 40 S F $1.50 $60.00 $0.00 9 0.25' A.C. Patch Pave 40 S F $2.40 $96.00 $0.00 10 Remove Existing Fence Barricade 0.5 EA $200.00 $100.00 $0.00 11 6" Asphalt Concrete Dyke 87 L F $6.00 $522.00 $0.00 12 Street Lights 1 EA $1,900.00$1,900.00 0.0 Sub total $13,017.90 $0.00 Storm Drain_ystem 1 30" SD Oversizing(Arcadia@39.6%, Neuschaffer@60.4%) 849 L F $6.00 $2,017.22 $3,076.78 2 24" SD Oversizing(Arcadia@39.6%, Neuschaffer@60.4%) 426 L F $6.00 $1,012.18 $1,543.82 3 15" SD 164.5 L F $24.00 $3,948.00 $0.00 4 12" SD Lateral 92 L F $23.00 $2,116.00 $0.00 5 12" SD(KingstonWay and CaymanWay 396 L F $23.00 $9,108.00 $0.00 6 48" SD Manhole @ 50% 0.5 EA $1,500.00 $750.00 $0.00 7 21" SD 145.0 L F $29.00 $000 4 205 00 Sub total $18,951.40 $8,825.60 Page 1 of 2 EXHIBIT B1 i1i Reimbursable to City Page 2 of 2 Arcadia Place Neuschaffer Property Item Descriptio Quantit Unit Price APN 062-290-31 APN 062-290-17 Sanitaly Sewer System 1 12" SS Oversizing(Arcadia@17.16%,Neuschaffer@26.18%) 912 L F $12.00 $1,877.99 $2,865.14 2 10" SS Oversizing(Arcadia@39.60%,Neuschaffer@60.4%) 414 L F $2.00 $327.89 $500.11 3 8" SS (Bluejay Extention) 68.5 L F $12.00 $822.00 $0.00 4 6" SS stub to Property 33 L F $11.00 $363.00 $0.00 5 SS Manhole @ 50% 0.5 EA $1,500.00 $750.00 $0.00 6 Oversizing 8" SS to 10" SS 135 L F $2.00 $0.00 $270.00 Sub total $4,140.88 $3,635.25 Water System 1 Std 8" Water(236 LF@ 50%) 118 L F $18.00 $2,124.00 $0.00 2 8" Water, Cl. 200 Pipe 52 L F $24.00 $1,248.00 $0.00 3 8" Valve 2 EA $800.00 $1,600.00 $0.00 4 Temporary Blowoff 1 EA $375.00 $375.00 $0.00 5 Pipe Marker 2 EA $75.00 $150.00 $0.00 6 Remove Blowoff 0.5 EA $150.00 $75.00 $0-00 Sub total $5,572.00 $0.00 Total Reimbursable Improvement Costs $41,682.18 $12,460.85 10% Engineering & Administration $4,168.22 $1,246.09 Engineering Plan Check Fee (1.5%) $625.23 $186.91 Engineering Inspection Fee (2.5%) $1,042.05 $311.52 Reimbursement Application Fee (1%) $416.82 $124.61 Consultant Fee (SNG Associates) (1)$4,788.63 1 431.56 TOTAL REIMBURSABLE COSTS $52,723.13 $15,761.53 Total Reimbursement for Richards Ranch from ALL Properties: $68,484.67 i1i Reimbursable to City Page 2 of 2 EXHIBIT B2 City of Lodi Cost Estimate for Richards Ranch/Thayer Ranch Public Works Department Reimbursement Agreement Development: Thayer Ranch Developer: Park Place Development, LLC Engineer: Saumbach & Piazza Cost of Reimbursable Improvements for: THAYER RANCH I'I Reimbursable to City Page 1 of 1 Miller Property MillerProperty Arcadia Place NeuschafferProperty Item Description Quantity ().0$ Price APN 062-29038 APN 062-290-14 & 37 APN 062.29031 APN 062-290.17 System (0.69 Ac) (7.24 Ac) (6.74 Ac) (10.28 Ac) 1 Storm Drainage 18" Storm Drain (147 LF @ 8.70%) 147 L F $27.00 $345.30 $0.00 $0.00 $0.00 2 Oversizing 18" SD to 24"(428 LF @ 8.70%) 428 L F $5.00 $186.18 $0.00 $0,00 $0.00 3 18" Storm Drain (147 LF @ 91.30%) 147 L F $27.00 $0.00 $3,623.70 $0.00 $0.00 4 24" Strom Drain (428 LF @ 91.30%) 428 L F $5.00 $0.00 $1.953.82 SO"DO 50.00 Sub total $531.48 $5,577.52 $0,00 $0.00 1 Sanitary Sewer System Fair Share of 12" SS Oversizing ($17,952) $235.17 $2,470.20 $2,299.65 $3,507.82 (Prorated based on area of benefit) 417 952 (7a 1.31%) ($17.952 013.76%) (517,952iM 12-81 %1 ($17.952 9b 19.54%) Sub total $235.17 $2,470.20 $2,299.65 $3,507.82 Total Reimbursable Improvement Cost $766.65 $8,047,72 $2,299.65 $3,507.82 10% Engineering & Administration $76.67 $804.77 $229.97 $350.78 Engineering Plan Check Fee (1.5%) $11.50 $120.72 $34.49 $52.62 Engineering Inspection Fee (2.5%) $19.17 $201.19 $57.49 $87.70 Reimbursement Application Fee (1%) $7.67 $80.48 $23.00 $35.08 Consultant Fee (SNG Associates)(') $88.08 $924.56 $264.19 5402.99 Total Reimbursable Cost $969.74 $10,179.44 $2,908.79 $4,436.99 Total Reimbursement for Thayer Ranch from ALL Properties: $18,494.96 I'I Reimbursable to City Page 1 of 1 CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http.\\www.lodi.gov February 28, 2002 H. DIXON FLYNN City Manager SUSAN J.BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director Park Place Development Lodi Building Partners III, L.P. Donald and Nancy Miller P. O. Box 1598 c/o Frontiers 4071 East Harney Lane Lodi, CA 95241 2375 West March Lane Lodi, CA 95240 Stockton, CA 95207 Robert W. Neuschaeffer, et al. A. and L. Reimche, Life Estate 1024 Saratoga 4219 East Harney Lane San Jose, CA 95129 Lodi, CA 95240 SUBJECT: Set Public Hearing for April 3, 2002, to Consider Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract No. 2850 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 6, 2002. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. As indicated in the title, the only action will be to set a public hearing date on the item. Public hearings are usually set for the second following Council Meeting. 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 City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's 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 Susan Blackston, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch, Senior Civil Engineer, at (209) 333-6800, ext. 2659. ( Richard C. Prima, Jr. Public Works Director RCP/lm Enclosure j cc: City Clerk v NrcFTVHRFIMBAGREE0201 �OFI v 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: SET PUBLIC HEARING FOR APRIL 3, 2002 to consider Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract 2636, and Thayer Ranch, Tract 2850 PUBLISH DATE: Saturday, March 9, 2002 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MARCH 7, 2002 ORDERED BY: Faxed to the Sentinel at 369-1084 at Phoned to confirm receip forms\advins.doc JENNIFER M. PERRIN DEPUTY CITY CLERK (time) On)� 1 10 2 (dal at (time) Jac CITY OF LODI NOTICE OF PUBLIC HEARING Date: April 3, 2002 Carnegie Forum 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333.6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 3, 2002 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) Reimbursement Agreement #RA -02-01 for Public Improvements for Richards Ranch, Tract No. 2636, and Thayer Ranch, Tract No. 2850. A copy of the proposed Reimbursement Agreement #RA -02-01 and exhibits (approximately nine pages) is available for review by the public in the Public Works Department, the City Clerk's Office and the Lodi Library. Information regarding this item may be obtained in the office of the Public Works Department Director, 221 West Pine Street, Lodi, California. 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: Susan J. Blackston City Clerk Dated: March 6, 2002 Approved as to form: Randall A. Hays City Attorney JACITYCLRKIFORMS%Notpw.doc 3/4102