HomeMy WebLinkAboutAgenda Report - March 3, 2004 I-04AGENDAITEM I.oq
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Introduce Ordinance Repealing and Reenacting LMC §16.40.050 Establishing
Subdivision Reimbursement Agreements for Construction
MEETING DATE: March 3, 2004
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council introduce an ordinance repealing and
reenacting LMC §16.40.050 establishing subdivision reimbursement
agreements for construction.
BACKGROUND INFORMATION: The requirements for mailing public hearing notifications have
recently been examined by staff and the City Attorney. The
question of whether the mailing was required by registered mail or
regular mail was raised in the case of a recent high-volume mailing.
A review of State law revealed that regular mail is satisfactory. Therefore, staff is recommending a
change in the City's current code as described below.
Currently, the Lodi Municipal Code contains the following. (See Exhibit A for the entire section.)
16.40.050 Reimbursement agreement
A. Within sixty days of receipt of a completed application, the public works director shall prepare
a reimbursement agreement containing the following provisions:
Prior to approval of the reimbursement agreement, the city council shall conduct a public
hearing. The hearing shall be conducted within ninety days of receipt of the completed
application. The applicant and property owner of each parcel identified in the
reimbursement agreement shall be notified of the hearing by registered mail at least ten
calendar days prior to the hearing.
Staff is recommending that Section A, subsection 5 be removed and a Section C be added to more
clearly describe the public hearing process and to change the mailing requirement from registered to first
class mail.
The text of the proposed ordinance is as follows:
16.40.050 Reimbursement agreement
C. Prior to the adoption of a resolution approving the reimbursement agreement, the city shall
within ninety (90) days of receipt of a completed application conduct a public hearing as follows:
t.J Una l vision Ke i mou ra. CDC 2/24/2004
Introduce Ordinance Repealing and Reenacting LMC §18.40.050 Establishing Subdivision
Reimbursement Agreements for Construction
March 3, 2004
Page 2
1. At least ten (10) days prior to the date and time set for the hearing before the city council,
give a notice by first class mail, postage prepaid, to the addresses as shown on the latest
equalized assessment roll of San Joaquin County, to the owners of each parcel identified
in the reimbursement agreement as benefited.
2. The notice shall state the date, time and location set for such hearing.
3. Include in such notice to property owners as required under (1) above a statement of the
nature of the improvements constructed by the applicant, the actual costs of the
improvements, the amount of the reimbursable costs as provided in Section A above, and
list of the addresses or a map delineating all parcels identified in the reimbursement
agreement as benefited.
4. The hearing on such reimbursement agreement shall take place before the city council, at
which time all interested parties shall be heard. The council shall determine what
properties are benefited, the costs and a fair method of allocation of costs to the properties
benefited and an apportionment of such costs.
FUNDING: Not applicable.
1. M r'1 � %�
Richard C. Prima, Jr.
Public Works Director
Prepared by Rebecca Areida, Management Analyst
RCP/RA/pmf
Attachment
cc: Stephen Schwabauer, Interim City Attorney
Wally Sandelin, City Engineer
CSubdivisionR6mbOrd.doc 2/24/2004
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Exhibit A
Title 16 SUBDIVISIONS
Chapter 16.40 REIMBURSEMENTS FOR CONSTRUCTION
16.40.060 Reimbursement agreement.
A. Within sixty days of receipt of a completed application, the public works director shall prepare a
reimbursement agreement containing the following provisions:
1. The amount of reimbursable costs shall include construction costs less any applicable credits
plus ten percent for administrative and engineering costs. Applicable city engineering and
processing fees shall also be added. Costs of financing, bonds or other applicant costs shall not be
included.
2. The total reimbursable cost shall be apportioned to the benefitting properties as appropriate.
Costs of transitions, utility stubs or other minor work shall not be apportioned to adjacent property.
3. The reimbursable amount shall be recalculated annually to include an amount attributable to
interest, using the Engineering News Record 20 Cities Construction Cost Index as of the end of
the year. The reimbursable amount for subsequent years shall be the prior year reimbursable
amount less any reimbursements made during the year, all multiplied by the percentage change in
the Index over the year.
4. The agreement shall provide that the city will collect the appropriate charge from the properties
identified in the agreement and reimburse the applicant or the applicant's heirs, successors or
assigns, for a period of fifteen years from the date of the agreement only. Reimbursement
agreements to recover funds advanced by city for projects shall expire after fifteen years;
reimbursement charges will not be collected after that time.
5. Prior to approval of the reimbursement agreement, the city council shall conduct a public
hearing. The hearing shall be conducted within ninety days of receipt of the completed application.
The applicant and property owner of each parcel identified in the reimbursement agreement shall
be notified of the hearing by registered mail at least ten calendar days prior to the hearing.
B. The reimbursement agreement shall be numbered and filed by the public works director. (Ord.
1625 § 1, 1996; Ord. 1527 § 1 (part), 1991)
http://www.ordlink.comlcodes/lodi/ DATA/TITLEI6IChapter_16_40_REIMBURSEMENTS FO... 2/23/2004
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI
MUNICIPAL CODE CHAPTER 16.40, BY REPEALING SECTION
16.40.050 A-5, AND ADDING SECTION C RELATING TO
REIMBURSEMENT AGREEMENTS
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 16.40 — Reimbursements for Construction is hereby
amended by repealing Section 16.40.050 A-5 relative to Reimbursement Agreements.
Section 2. Lodi Municipal Code Section 16.40.050 — Reimbursement Agreement is hereby
amended by adding subsection C as follows:
C. Prior to the adoption of a resolution approving the reimbursement
agreement the city shall within ninety (90) days of receipt of a completed
application conduct a public hearing as follows:
At least ten (10) days prior to the date and time set for the hearing before
the city council, give a notice by first class mail, postage prepaid, to the
addresses as shown on the latest equalized assessment roll of San
Joaquin County, to the owners of each parcel identified n the
reimbursement agreement as benefited.
2. The notice shall state the date, time and location set for such hearing.
3. Include in such notice to property owners as required under (1) above a
statement of the nature of the improvements constructed by the applicant,
the actual costs of the improvements, the amount of the reimbursable
costs as provided in Section A above, and list of the addresses or a map
delineating all parcels identified in the reimbursement agreement as
benefited.
4. The hearing on such reimbursement agreement shall take place before
the city council, at which time all interested parties shall be heard. The
council shall determine what properties are benefited, the costs and a fair
method of allocation of costs to the properties benefited and an
apportionment of such costs.
Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 4 - Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 6. This ordinance shall be published one time in the "Lodi News -Sentinel," a daily
newspaper of general circulation printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its passage and approval.
Approved this day of , 2004
LARRY D. HANSEN
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held March 3, 2004,
and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held , 2004 by the following vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
I further certify that Ordinance No. was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
Interim City Attorney