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HomeMy WebLinkAboutAgenda Report - February 18, 2004 G-01 PHAGENDA ITEM Q'01 &1Q% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement RA -03-04 Establishing an Area of Benefit and Reimbursable Costs for Developer -Funded Public Improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line MEETING DATE: February 18, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider Reimbursement Agreement RA -03-04 for the Harney Lane Sanitary Sewer Lift Station establishing an area of benefit and reimbursable costs for developer -funded public improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line. BACKGROUND INFORMATION: As a condition of development, the developer of the Century Meadows One, Unit 2 subdivision, K & W Development, LLC, was required to install the Harney Lane Sewer Lift Station and a sanitary sewer trunk line to provide sewer service for the subdivision project. To fulfill this requirement, the developer entered into an improvement agreement entitled "Improvement Agreement for the Public Improvements for the Harney Lane Sanitary Sewer Lift Station", approved by City Council on December 4, 2002, to construct the Harney Lane Sanitary Sewer Lift Station at the southeast corner of Harney Lane and Mills Avenue and a sanitary sewer trunk line in Harney Lane between Mills Avenue and the Woodbridge Irrigation District canal. The lift station force mains and other related improvements in Mills Avenue and at the Mills Avenue/Harney Lane intersection were installed with the Century Meadows Three, Unit 5 development. Partial reimbursement for the cost of those improvements was provided directly to the developer of that subdivision, Harney Development, LLC, by the property owners south of Harney Lane (Fink Group) in conformance with the agreement between the City and the Fink Group dated November 19, 1992. The balance of the costs was reimbursed to the developer by the City. The City was subsequently reimbursed for those City -funded costs by K & W Development, LLC, at the time of approval of the above-mentioned lift station improvement agreement. The total improvements installed in conjunction with the lift station project are shown on Exhibit 1. The lift station, force mains and sewer trunk line will serve the developer's subdivision, as well as other properties in the Harney Lane Lift Station Service Area. In conformance with Chapter 16.40 of the Lodi Municipal Code (LMC), the developer has requested a reimbursement agreement and establishment of an area of benefit for those improvements that benefit other properties in the Harney Lane Lift Station Service Area. A copy of the reimbursement agreement is attached as Exhibit 2. The Harney Lane Lift Station Service Area and benefit areas are shown on Exhibit A of the agreement, and the final total costs for the improvements and fair share obligation for the benefiting properties are shown on Exhibit B. The benefit area has been divided into two zones, A and B, as shown on Exhibit A. The reimbursable costs for Zone A include the lift station and associated force main improvements in Mills Avenue, as well as the sewer trunk line in Harney Lane. Reimbursable costs for Zone B include only the lift station and associated force main improvement costs. The fair -share obligation for each property within each zone is shown on Exhibit B. The lift station costs are prorated based on the proportion of the parcel acreage to the total acreage APPROVED: GG_conduct_PH.doc H. Dixbn Flynn, City Manager 2!5!2004 Public Hearing to Consider Reimbursement Agreement RA -03-04 Establishing an Area of Benefit and Reimbursable Costs for Developer -Funded Public Improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line February 18, 2004 Page 2 of the total benefit area, Zones A and B (225.58 acres). The sewer trunk line costs are prorated based on the proportion of the parcel acreage to the total acreage of Zone A (62.1 acres). The reimbursable costs shown on Exhibit A include future lift station improvements (curb, gutter, sidewalk, masonry wall and landscaping). Since the properties adjacent to the lift station site are outside the City limits and currently have no street frontage improvements, the street frontage improvements for the lift station site have been deferred until the adjacent properties develop. Under the terms of the reimbursement agreement, the developer has agreed that the cost of those improvements, including engineering and administration fees, engineering plan check fees and engineering inspection fees, will be deposited with the City from reimbursement charges collected from benefiting properties before any reimbursement payments are made to the developer. The costs shown on Exhibit B also include over -sizing costs to provide service to the portion of the lift station service area south of Harney Lane. The over -sizing costs have been paid directly to the developer by those property owners (Fink Group) in conformance with the agreement between the City and the Fink Group dated November 19, 1992. Those costs have, therefore, been deducted from the total construction costs and are not included in the reimbursable costs. The total reimbursable costs for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line as shown on Exhibit B are $766,133.75 and $121,676.13, respectively. Under the terms of the reimbursement agreement, in the event that a benefiting property develops, the City shall collect the appropriate reimbursement charges from the developers of the benefiting property and reimburse the developer for a period of fifteen (15) years from the date of the agreement in conformance with LMC §16.40.060 and §16.40.070. Development is defined in LMC §16.40.060 as any one of the following: 1. Connection to the utility covered by the reimbursement agreement 2. Filing of a final subdivision map 3. Filing of a final parcel map, unless installation of public improvements is waived or deferred 4. Issuance of a building permit The affected property owners within the Harney Lane Lift Station Service Area have been notified. The developer has paid the appropriate application fee and the fees to cover the cost of recording the reimbursement agreement. In conformance with LMC §16.40, staff recommends that Council conduct a public hearing and establish an area of benefit and reimbursable costs to recover the cost of the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line covered under Reimbursement Agreement RA -03-04. Pursuant to LMC §16.40.50.A.3, the reimbursable amounts 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. The initial ENR index to be used in the calculation is 6581. In the event that the benefiting properties develop, the City will collect the appropriate amounts from the developers of the benefiting properties and reimburse the developer in conformance with LMC §16.40.060 and §16.40.070. FUNDING: Applicant fees and reimbursement fees collected from future developments. 4�tfi Richard C. Prima, Public Works Direct Prepared by Lyman Chang, Associate Civil Engineer RCPILClpmf Attachments cc: Senior Civil Engineer — Development Services K & W Development, LLC Baumbach & Piazza CG conduct—PH doc 2!9/2004 When Recorded, Return to; City of Fadi city clerlep, Office P 0. Box 3006 U4 CA 95241-1910 ......... . . . . . . . . . WHEREAS, as a condition of development, the developer of the Century Meadows One, Unit 2 Subdivision, K & W Development, LLC, was required to install the Harney Lane Sewer Lift Station and a Sanitary Sewer Trunk Line to provide sewer service for the subdivision project; and WHEREAS, the developer entered into an Improvement Agreement with the City entitled "Improvement Agreement ment for the Public Improvements for the Harney Lane Sanitary Sewer Lift Station," approved by the City Council on December 4, 2002, to construct the Harney Lane Sanitary Sewer Lift Station at the southeast corner of Harney Lane and Mills Avenue and a sanitary sewer trunk line in Harney Lane between Mills Avenue and the Woodbridge Irrigation District Canal. The lift station force mains and other related improvements in Mills Avenue and at the Mills Avenue/Harney Lane intersection were installed with the Century Meadows Three, Unit 5 development. Partial reimbursement for the cost of those improvements was provided directly to the developer of that subdivision, Harney Development, LLC, by the property owners south of Harney Lane (Fink Group) in conformance with the agreement between the City and the Fink Group dated November 19, 1992. The balance of the costs was reimbursed to the developer by the City. The City was subsequently reimbursed for those City -funded costs by K & W Development, LLC, at the time of approval of the above-mentioned lift station improvement agreement. The total improvements installed in conjunction with the lift station project are shown on Exhibit 1 attached. WHEREAS, in conformance with Lodi Municipal Code (LMC) Section 16.40, staff recommends that the City Council conduct a public hearing to establish an area of benefit and reimbursable costs to recover the costs for those improvements that benefit other properties in the Harney Lane Lift Station Service Area. A copy of the Reimbursement Agreement is attached as Exhibit 2. The Harney Lane Lift Station Service Area and benefit areas are shown on Exhibit A of the Agreement, and the final total costs for the improvements and fair share obligation for the benefiting properties are shown on Exhibit 6 of the Agreement. 0617T1111041 2,400-1101011=21 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 a) The City Council hereby establishes an area of benefit and reimbursable costs to recover the coasts for developer4unded public improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sower Trunk Line. The reimbursable costs for each property are shown on Exhibit B attached and shall be collected at the time of development for each parcel; and b) Pursuant to LMC Section 1640.50.A.3, the reimbursable amounts will 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. The beginning ENR index will be 6681. C) In the event that the benefiting properties develop, the City will collect the appropriate amounts from the developers of the benefiting properties and reimburse the developer in conformance with LMC §16.40.060 and §16.40.070. Dated: February 18, 2004 -- ----- -- — --------- I hereby certify that • No. 2004-29 was passed and adopted by the Lodi City Council in a regular meeting held February 18, 2004, by the following vote: Susan J. Blackston City clerk OF *]=me I EXHIBIT 2 WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 REIMBURSEMENT for HARNEY LANE SANITARY SEWER LIFT STATION AGREEMENT # RA -03-04 THIS AGREEMENT is made by and between the CITY OF LODI, hereinafter referred to as "City", and K & W DEVELOPMENT, LLC, hereinafter referred to as "Applicant". RECITALS: WHEREAS, Applicant is the developer of Century Meadows One, Unit 2, Tract No. 2786 subdivision and has entered into an Improvement Agreement with the City dated December 30, 2002 to construct public improvements needed to serve the development, and WHEREAS, as a condition of development for the Century Meadows One, Unit 2 subdivision, Applicant was required to install, at Applicant's expense, the Harney Lane Sewer Lift Station, including street frontage improvements (curb, gutter and sidewalk) on Harney Lane and Mills Avenue, the lift station enclosure (masonry wall) and landscaping and irrigation for the lift station site, to provide sewer service for the project; and WHEREAS, Applicant entered into a separate agreement with the City entitled "Improvement Agreement for the Public Improvements for the Harney Lane Sanitary Sewer Lift Station" approved by the City Council on December 4, 2002; and WHEREAS, the Applicant has constructed the Harney Lane sewer lift station and associated sanitary sewer trunk line east of Mills Avenue 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 is responsible for the installation of street improvements (curb, gutter and sidewalk), construction of the lift station enclosure (masonry wall) and installation of landscaping and irrigation at the lift station site, which improvements have not been completed at this time; 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 engineering and administration, Revised Reimbursement Agreement 1 engineering design costs, engineering plan check fees, engineering inspection fees (2.5%) and the reimbursement application fee (1%). Total construction costs and costs attributable to the Benefit Area are shown on 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 2005 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 6581. The initial reimbursable amounts are shown on Exhibit B. 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 from the date of this agreement in conformance with LMC 16.40.060 and 16.40.070. 4. To fulfill Applicant's responsibility for the installation of street improvements (curb, gutter and sidewalk), construction of the lift station enclosure (masonry wall) and installation of landscaping and irrigation at the lift station site in the future, the cost of those improvements will be deposited with the City from reimbursement charges collected from benefiting properties before any reimbursement payments are made to Applicant. The monies so deposited will be used as determined by the City for the future installation of those improvements. The estimated cost of the improvements is $99,066.00 as shown on Exhibit C. 5. The Applicant shall pay the City $5,782.06 for the preparation of this agreement prior to approval and recording of this agreement. This fee is based on one percent (1 %) of the total reimbursable construction costs, excluding engineering, administrative and other costs. 6. 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. The actual administration charge to be paid will be that in effect at the time of collection. 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. 8. 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: Richard C. Prima, Jr. Public Works Director Revised Reimbursement Agreement 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 Correspondence and payments to Applicant shall be addressed as follows: 9. 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. K & W DEVELOPMENT, LLC Date (CORPORATE SEAL) CITY OF LODI, A MUNICIPAL CORPORATION Bv: Dixon H. Flynn, City Manager Date ATTEST: Susan J. Blackston, City Clerk Date APPROVED AS TO FORM: D. Stephen Schwabauer, Interim City Attorney Revised Reimbursement Agreement EXHIBIT A L U I�mm Naat+f O�T� E (y Nf V N_QQ11 I�p ONN(hm m I� QQO�NNfa N�vm Z y{ N Q N Q N Q N Q Q N N O Q N N== N N N' Y QYmf Q R S Q Q Y S O O 5 Z O O O O O O O O d O d d d d O o O O d O o O O d O o O O O 666666666 ro n n h h Za N N N N N N N N N � N N mN N N N N N N N N N N 0 0 0 0 0 O O O 0 mo mo ddddma6ddm mabmmababababm�mababmabababababmmmabmmmmab Z w Q o00000000��0000000000000000 m.....0000000 oo H Q o io aa Q Q d v� z = a n " i n �NMv m'prapm o�a�'�m�mo�o�N mammnmao �Nmammnma W O i n w O � .d-. cs H o o W w Q a h H 5 "qaDoe Z -INV-] XAII1 dVH �W+ cs x Cl 01N11 A 3 V IM S14114 IN C) U n mn m 11 17 9❑e a e m 8 8 la] mmmm � Q W i � °Y RTR 0 Om N T o � Hill�o o p O 86 00'Ol � 0 0, flnfl l8 °° 00'Ol cs e cn, C[yam zo- ezo�oo P g 66oc dF Z o 0 0 0 0 �N B G _ Otl O1N311YlL'T'S lf3MOl @1 UIH3YMfOVS tl3MOl Od I II II II XU N n e7 Po�N m �.O M�1 O W O 00 0 N n FJ p0 y 1f�� GP N EXHIBIT B City of Lodi Public Works Department Project: Harney Lane Lift Station Engineer: Baumbach and Piazza Total Cost $ 903,013.00 $ 147,070.90 $ 1,050,083.91 Lift Station Trunk Line Total Construction Cost $ 503,618.00 $ 115,235.90 $ 618,853.90 Contract Change Order $ 20,509.71 $ (777.17) $ 19,732.54 Future Curb, Gutter and Sidewalk (225 LF @ $36.00/LF) $ 8,100.00 $ 121,676.13 $ 8,100.00 Future Wall and Landscaping $ 78,800.00 A 1 $ 78,800.00 10% Engineering and Administration $ 48,670.64 $ 9,149.91 $ 57,820.55 Application Fee $ 4,867.06 $ 914.99 $ 5,782.06 Engineering Plan Check Fees $ 13,363.50 $ 2,759.00 $ 16,122.50 Engineering Inspection Fees $ 17,524.50 $ 3,513.00 $ 21,037.50 Engineering Inspection Fees (Overtime) $ 157.20 0.210 $ $ 157.20 City TV Inspection A 4 058-210-25 $ 2,865.00 $ 2,865.00 Reimbursable Costs for Century Meadows Three, Unit 5 $ 120,486.66 $ 3,808.37 $ 120,486.66 Construction Administration (Baumbach & Piazza) $ 34,000.00 $ 2,500.00 $ 36,500.00 Design Cost for the Harney Lane Lift Station (Baumbach and Piazza) $ 27,046.00 2,395.20 $ $ 27,046.00 Soils Report (Neil Anderson) $ 3,800.00 $ 3,400.00 $ 7,200.00 Compaction testing (Neil Anderson) $ 10,765.00 $ 5,440.00 $ 16,205.00 Consultants Fee (SNG Associates) $ 11,304.73 $ 2,070.27 $ 13,375.00 NOTES: 1. See Exhibit A for boundaries of Zones A and B and Site Numbers. 2. ZONE A fee includes costs for the Lift Station and 15' trunk line in Harney Lane. ZONE B fees include Lift Station costs only. 3. Lift Station Benefit Ratio is based on the proportion of the parcel acreage to the total acreage of the benefit area ( 225.58 acres). 4. Trunk Line Benefit Ratio for ZONE A for 15' sewer trunk line is based on the proportion of the parcel acreage to the total acreage of ZONE A (62.1 acres). 5. For Site Nos. 26, 35, 36 and 37, the acreage shown is the net acreage after deduction for the dedication of 35 feet of right-of-way along the parcel frontage on Lower Sacramento Road. 6. Application fee is based on 1 percent of the sum of the reimbursable construction costs. Harney Lane Spreadsheet Jan 26 2004 Revised January 26, 2004 Total Cost $ 903,013.00 $ 147,070.90 $ 1,050,083.91 Fink Group Cost $ 136,879.25 $ 25,394.77 $ 162,274.02 Benefit Area Cost $ 766,133.75 $ 121,676.13 $ 887,809.89 A 1 058-210-27 9.64 0.043 $ 32,679.334 0.190 $ 23,089.72 $ 55,769.06 A 2 058-210-28 9.76 0.043 $ 33,086.13 0.192 $ 23,377.15 $ 56,463.28 A 3 058-210-26 10.65 0.047 $ 36,103.21 0.210 $ 25,508.87 $ 61,612.08 A 4 058-210-25 1.59 0.007 $ 5,390.06 0.031 $ 3,808.37 $ 9,198.42 A 5 058-210-04 1.00 0.004 $ 3,389.97 0.020 $ 2,395.20 $ 5,785.17 A 6 058-210-03 3.01 0.013 $ 10,203.82 0.059 $ 7,209.55 $ 17,413.37 A 7 058-210-19 15.15 0.067 $ 51,358.08 0.298 $ 36,287.27 $ 87,645.35 Subtotal Zone A 50.80 0.225 $ 172,210.60 1.000 $ 121,676.13 $ 293,886.73 B 8 058-210-29 11.30 0.050 $ 38,306.69 $ 38,306.69 B 9 058-230-21 1.23 0.005 $ 4,169.67 $ 4,169.67 B 10 2017 W Harney Lane 0.88 0.004 $ 2,983.18 $ 2,983.18 B 11 2031 W Harney Lane 0.35 0.002 $ 1,186.49 $ 1,186.49 B 12 058-230-22 17.12 0.076 $ 58,036.33 $ 58,036.33 B 13 058-230-13 8.40 0.037 $ 28,475.77 $ 28,475.77 B 14 058-230-14 1.40 0.006 $ 4,745.96 $ 4,745.96 B 15 058-230-25 16.10 0.071 $ 54,578.56 $ 54,578.56 B 16 058-230-26 13.75 0.061 $ 46,612.12 $ 46,612.12 B 17 058-230-09 0.46 0.002 $ 1,559.39 $ 1,559.39 B 18 058-230-08 0.46 0.002 $ 1,559.39 $ 1,559.39 B 19 058-230-07 0.46 0.002 $ 1,559.39 $ 1,559.39 B 20 058-230-06 0.46 0.002 $ 1,559.39 $ 1,559.39 B 21 058-230-10 2.49 0.011 $ 8,441.03 $ 8,441.03 B 22 058-220-01 to 058-220-24 9.17 0.041 $ 31,086.05 $ 31,086.05 B 23 058-230-03 3.92 0.017 $ 13,288.69 $ 13,288.69 B 24 058-230-05 0.50 0.002 $ 1,694.99 $ 1,694.99 B 25 058-230-04 0.27 0.001 $ 915.29 $ 915.29 B 26 058-040-05 5.28 0.023 $ 17,899.05 $ 17,899.05 B 27 058-040-06 1.00 0.004 $ 3,389.97 $ 3,389.97 B 28 058-040-07 1.00 0.004 $ 3,389.97 $ 3,389.97 B 29 058-040-08 1.00 0.004 $ 3,389.97 $ 3,389.97 B 30 058-040-09 1.00 0.004 $ 3,389.97 $ 3,389.97 B 31 058-040-10 1.00 0.004 $ 3,389.97 $ 3,389.97 B 32 058-040-11 1.00 0.004 $ 3,389.97 $ 3,389.97 B 33 058-040-12 1.00 0.004 $ 3,389.97 $ 3,389.97 B 34 058-040-13 1.00 0.004 $ 3,389.97 $ 3,389.97 B 35 058-040-04 14.16 0.063 $ 48,002.01 $ 48,002.01 B 36 058-040-02 29.77 0.132 $ 100,919.48 $ 100,919.48 B 37 058-040-01 13.37 0.059 $ 45,323.93 $ 45,323.93 B 38 058-040-14 13.50 0.060 $ 45,764.63 $ 45,764.63 B 39 058-040-15 2.40 0.011 $ 8,135.93 $ 8,135.93 Subtotal Zone B 175.20 0.775 $ 593,923.16 $ 593,923.16 Benefit Area Totals 226.00 1.000 $ 766,133.75 1.000 $ 121,676.13 $ 887,809.89 NOTES: 1. See Exhibit A for boundaries of Zones A and B and Site Numbers. 2. ZONE A fee includes costs for the Lift Station and 15' trunk line in Harney Lane. ZONE B fees include Lift Station costs only. 3. Lift Station Benefit Ratio is based on the proportion of the parcel acreage to the total acreage of the benefit area ( 225.58 acres). 4. Trunk Line Benefit Ratio for ZONE A for 15' sewer trunk line is based on the proportion of the parcel acreage to the total acreage of ZONE A (62.1 acres). 5. For Site Nos. 26, 35, 36 and 37, the acreage shown is the net acreage after deduction for the dedication of 35 feet of right-of-way along the parcel frontage on Lower Sacramento Road. 6. Application fee is based on 1 percent of the sum of the reimbursable construction costs. Harney Lane Spreadsheet Jan 26 2004 Revised January 26, 2004 EXHIBIT A NOTICE OF PUBLIC HEARING LODI CITY COUNCIL 221 W. PINE STREET, LODI, 95240 --TELEPHONE 333-6702 DATE: Wednesday, February 18, 2004 TIME: 7:00 p.m., or as soon thereafter as the matter can be heard PLACE: Carnegie Forum, 305 West Pine Street, Lodi SUBJECT: To consider Reimbursement Agreement RA -03-04 establishing an area of. benefit and reimbursable costs for developer funded public improvements for the Harney Lane sanitary sewer lift station and sanitary sewer trunk line (SEE REVERSE SIDE FOR MAP) INFORMATION REGARDING THIS MATTER MAY BE OBTAINED IN THE OFFICE OF THE PUBLIC WORKS DEPARTMENT, 221 W. PINE ST., LODI -- Contact: Lyman Chang, Associate Civil Engineer (2¢9) 333-6706. WRITTEN STATEMENTS MAY BE FILED WITH THE CITY CLERK, 221 W. PINE ST., 2"° FLOOR, LODI, AT ANYTIME PRIOR TO THE HEARING SCHEDULED HEREIN, AND ORAL STATEMENTS MAY BE MADE AT SAID HEARING. ALL PROCEEDINGS BEFORE THE CITY COUNCIL ARE CONDUCTED IN ENGLISH. THE CITY OF LODI DOES NOT FURNISH INTERPRETERS, AND, IF ONE IS NEEDED, IT SHALL BE THE RESPONSIBILITY OF THE PERSON NEEDING ONE. ANYONE WISHING TO BE HEARD ON THE ISSUE MAY APPEAR BEFORE THE CITY COUNCIL AT THE TIME OF THE PUBLIC HEARING. IT DESERVES TO BE NOTED THAT THE LEGAL REQUIREMENT OF PUBLIC NOTICE DOES NOT GUARANTEE NOTICE TO ALL PERSONS RESIDING IN OR OTHERWISE USING PROPERTY IN THE GENERAL VICINITY OF THE PROPERTY IN QUESTION. ACCORDINGLY, EACH RESIDENT OF THIS NOTICE IS RESPECTFULLY REQUESTED TO -BRING THIS NOTICE PROMPTLY TO THE ATTENTION OF ANY OTHER PERSON OR PERSONS WHOM THE RECIPIENT FEELS MAY BE INTERESTED IN OR AFFECTED BY THIS PROPOSAL IN ORDER THAT ALL PERSONS MAY BE GIVEN AN OPPORTUNITY TO BE HEARD ON THE ISSUE. IF YOU CHALLENGE THE PROPOSED ACTION 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/CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. Date Mailed: January 23, .2004 SUSAN J. BLAC TON CITY CLERK OF THE CITY OF LODI ■/� f QIII -..-. a. - r - ,. *\IIIpr� . ;. R► rr■■.r.aar �� ► tl1 �� i' � `_,,, �/lll/I� �/!lu►� � rw�� � iiiili+i�� a1111111i111: •• ! ■Ili � N1 ♦ :{nrrq p rnlr . ..r111U1Iw7 eloln ., � _ r„ • ` - •• • .IltrHellrr ;rlHlr � ••- iiii ` � = � � � - -, ? ri: � � •�� rrrulllllllllll1111 • � N /1111 afN��`ml: 21 i /w* .:---„�.t. a11t11111tB11rrrlltNN1111{ ��rr1E111\\ � � � _ �'� �uw _ _ � w�nnnuluunnnHu alum►/ �� ��w\ .. r= r{Illlrylllllllllrli _ - �. 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LODI CA 95240 STOCKTON CA 95219 11111 FI !111111111111111111111111 II111l1IIi11111I11111II11EI11F11 11111111111111111111111111111lII FUJINAKA STEVE & BARBARA TR E GERLACK JOHN D & B TRS HANNA GARY D & SHARON L TR 2016 E ARMSTRONG RD 101 N LOMA DR 830 TEHEMA DR LODI CA 95242 LODI CA 95240 LODI CA 95242 111111111111Ii1111111111111)1111 11111111111F11111111111111111111 111111E 1,11111,11111111111111111 HARNEY DEVELOPMENT LLC HATHAWAY ROBERT W & R M TR JENKINS LEON & MAE 777 S HAM LN STE L 890 TEHAMA DR 909 TEHAMA DR LODI CA 95242 LODI CA 95242= LODI CA 95240 11111111111111111111111111111111 1111111111111111111l 1111111! 1111 11111111111111,11111111111111111'y K&W DEVELOPMENT KIRST J JEFFREY & CAROL ANN T KUBOTA TSUGIO TR ETXL 816 WLODI AVE PO BOX 1259 1500 VISTA DR LODI CA 95240 j WOODBRIDGE CA 95258 LODI CA 95242 111111111I1111EIEIEIilII11111111 11111111111111111111111111111111 111111111111,IddilJill 11111111 LACKYARD DONALD D & SUSAN G LANGWORTHY ELMER D & S M LAUCHLAND JAMES R & CAROL 1477 E HARNEY LN 13710 HARTLEY LN 700 E ARMSTRONG RD pLODI CA 95240t{ { yLODI CA 95240 LODI CA 952401 11111111 E11I11l11111111111111111 11 EIIIE1111111111111111111111111 11111111111,1IIIIIl111111111l I}1 LEAR WOODBURN L & CLAIRE L TR LEE ANDREW LODI UNIFIED SCHOOL DISTRICT 13696 N HARTLEY LN 910 TEHAMA DR 1305 E VINE ST LODI CA 95242 LODI CA 95242 j LODI CA 95240 1111111111 1,1111111111111111! 111f111111111111111l 111111111!11 11,1,til11{,11, 111111f4111111i11 LOUIE SAM K & LORNA L LUU NHI & MINK H MARTIN MARILYN ANN 910 KRISTEN CT 13625 HARTLEY LN 791 KRISTEN CR LODI [CA 95240 LODI CA 95242 LODI CA 95242k IIl1l11l1l111111111111.1111111111 11111, 111111111!1111111111111111 IIII111111111111,11,111111111111 MASTEL RICHARD L & PHYLLIS NEUMANN WILLIAM D & BONNIE R NORDWICK FLOYD H & LACE A TR 499 E HARNEY LN 865 KRISTEN CT 895 KRISTEN CT LODI CA 95240 LODI CA 95242 LODI CA 95242 1111111!,11111,11111111111111111 111111111111,Ik11111111111II1111 IIII11111111E111E11I1t11111!1111 'AOLETTI FRANK L TR 2373 N LOWER SAC RD ODI CA 95242 Ililllillll111I111,IIIi11111I11 IOGAN WILLIAM $, A ETL 2620 N DAVIS RD l!ODI CA 95242 1111111111111111111111111111111 ANDOVAL LORENZO V & MARGARIT 31 E HARNEY LN ODI CA 95242 lilllllllllil 11 lllllll Flf, llll TICE LARRY & GORETI 43 E HARNEY LN )DI CA 95242 11111111111111[1IfIIIIIII I1111 4N RUITEN ROBERT TVA "I E HARNEY LN )DI CA 95242 'I11111I, III1111,1i1111I111111 ISENOR GERALD L & L M 6 TEHAMA )DI CA 95240 E Ilil11111111111i11111f1111111 ►MASHITA KENNETH K & Y 4 KRISTEN CT )DI CA 95240 1111111tIIIIIIII,III 1 frillill VENA WILLIAM G & MARIA A TR RIEGER EARL & NAOMI 565 E HARNEY LN 395 E HARNEY LN LODI CA 95242 LODI CA 95242 Q II111I11SI11,III IIIII1111I111IE1 II11111I1IiIIIIIIIIIIIIIIIIIIIII SAN JOAQUIN COUNTY OF SANCHEZ J0I3 & ELENA PO BOX 1819 909 E HARNEY LN STOCKTON CA 95201 LODI CA 95242 II IIII II II II 111111 F1111111E111lI 11111111111t11111111I1lIIIlE1111 SCHUMACHER WELDON & BONNIE STEINGRABER SHARD; 1303 RIVERGATE DR 869 TEHAMA DR LODI CA 95240 LODI CA 95242 I111111iiIIliIIIF111I1I11II1111i II1111111111111I11111i11111[II11 TAMURA JOEY TR TATE KENNETH JR & N 788 W ARMSTRONG RD 1243 HARNEY LN LODI CA 95240 LODI CA 95242 11111111111111,11111111111111111 it {111111111111 I1111i11111i111.11 VAUGHN FRED L & KHRISTINA L 805 KRISTEN CT LODI CA 95242 i1111111111l 11111111 fi 11111111E1 WOOD BRUCE D & JANEEN 867 TEHAMA DR LODI CA 95242 1111,1111111111111,1111I,1I1E1lJ WELLS LARRY D & D R 427 E HARNEY LANE LODI CA 95240 IIJIIIIIIFl111IIIIIIIIII1111111 WRIGHT RICHARD O & VICTORIA T 13675 N HARTLEY LN LODI CA 95242 11111111, 11111 I1EI11111111I11IE1 i yOF� G � DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER REIMBURSEMENT AGREEMENT RA -03- 04 ESTABLISHING AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR DEVELOPER -FUNDED PUBLIC IMPROVEMENTS FOR THE HARNEY LANE SANITARY SEWER LIFT STATION AND SANITARY SEWER TRUNK LINE On Thursday, January 22, 2004 in the City of Lodi, San Joaquin County, California, a copy of a Notice of P ublic H Baring to consider Reimbursement Agreement RA -03-04 Establishing an Area of Benefit and Reimbursable Costs for Developer -Funded Public Improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line (attached hereto, marked Exhibit "A"), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on January 22, 2004, at Lodi, California. Patricia Ochoa Administrative Clerk formsldecpost.doc ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk Jennifer M. Perrin, CMC Deputy City Clerk DECLARATION OF MAILING I PUBLIC HEARING TO CONSIDER REIMBURSEMENT AGREEMENT RA -03-04 ESTABLISHING AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR DEVELOPER -FUNDED PUBLIC IMPROVEMENTS FOR THE HARNEY LANE SANITARY SEWER LIFT STATION AND SANITARY SEWER TRUNK LINE On January 22, 2004, 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 Public Hearing to consider Reimbursement Agreement RA -03-04 Establishing an Area of Benefit and Reimbursable Costs for Developer -Funded Public Improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line, 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 January 22, 2004, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK PAT ICIA OCHOA ADMINISTRATIVE CLERK Fomns/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CITY COUNCIL LARRY D. HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 9524 1-1 91 0 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\lwww.lodi.gov February 12, 2004 K & W Development, LLC Baumbach & Piazza 816 W. Lodi Avenue 323 W. Elm Street Lodi, CA 95240 Lodi, CA 95240 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER Interim City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Public Hearing to Consider Reimbursement Agreement RA -03-04 Establishing an Area of Benefit and Reimbursable Costs for Developer -Funded Public Improvements for the Harney Lane Sanitary Sewer Lift Station and Sanitary Sewer Trunk Line Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, February 18, 2004. The meeting will be held at 7 p.m. 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 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 Lyman Chang, Associate Civil Engineer, at (209) 333-6800, extension 2665. Richard C. Prima, Jr. Public Works Director RCP/pmf Enclosure cc: City Clerk NCC_CONDUCT_PH.DOC