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Home My WebLink AboutAgenda Report - November 5, 2003 G-02 PHTY OFLOM TM COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Reimbursement Agreement RA -03-03 Establishing an Area of Benefit and Reimbursable Costs for Public Improvements for 1816 Tienda Drive, APN 031-04039 (a Porbon of the Former Parcel Known as 1811 West Kettleman Lane) MEETING DATE: November 5, 2003 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a Public Hearing to consider Reimbursement Agreement RA -03-03 establishing an area of benefit and reimbursable costs for public improvements for 1816 Tienda Drive, APN 031-040-39 (a portion of the former parcel known as 1811 West Ketfleman Lane), BACKGROUND INFORMATION: As a condition of approval for the final parcel map to divide the former parcel known as 1811 West Kettleman Lane into three parcels and allow development on the newly created parcel now known as 1816 Tienda Drive, the Applicant, Darrell R. Sasaki, was required to construct public improvements to serve existing and proposed .parcels south of Applicant's project site. Applicant entered into an Improvement Agreement with the City on October 8, 2002, to construct the required public, improvements. The terms of the Improvement Agreement required the installation of water main and storm drainage lines, as well as other miscellaneous and related improvements along the west boundary of Applicant's parcel to serve the neighboring properties known as APN 031 040-20, owned by Tsutomu Tsutaoka, and APN 031040-40, owned by John Bezug, The benefiting properties are shown on Exhibit A. The Applicant has requested a Reimbursement Agreement and establishment of an area of benefit in conformance with Chapter 16.40 of the Lodi Municipal Code for those improvements that benefit the neighboring properties. The property owners within the area of benefit have been notified. The Applicant has paid the appropriate application fee and the fees to cover the cost of recording the Reimbursement Agreement. A copy of the itemized costs for the reimbursable improvements is attached as Exhibit B. to conformance witht-MCSection 16.40, staff moommends that Council conduct a public headng to establish an area of benefit and reimbursable costs to recover the cost of public improvements benefiting the parcels known as APN 031-040-20 and APN 030040-40. The reimbursable costs for each property are shown on Exhibit B. Pursuant to Lodi Municipal Code Section 16.40.50.A,3, the reimbursable amount shall be recalculated annually to inchide 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 A develop, the City will collect the appropriate amounts from the developers of the benefiting property and reimburse the, Applicant. 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 t,o ted fr future development, u Richard C. P6 Jr, Public Works Director Prepared by: Lyman Chang, Associate Civil Engineer RCPILC/pmf Attachments cc: Senior Civil Enginer — OevOoprnent Services Darrell R, Sasaki John Bezug Tsutomu Tsutaoka, et al APPROVED� -- City Manager CC—PH 181 CMPndaDrtveR(.,ii nbAgrnt.dor I/ 'OF - 10/24103 � ;0 G aft 6q,z96,qzs :sapA;ad0jd .1-1v wol1juses -a IfelAea 30j;uqtuasjnqEu!a4 telel 69 Z96,9ZI qwnz,L&s M'90L'61 IS03 alcitsinqw1ala lWi 9z "WLS TF5-6-f -tv-9 0s I uaw-pm siod Amin e4; io isoo s -4s 00' 96t" L s VV'LG6S 9TRME juawepaeldeH a-ausA 941 jo Woo eieqS 00, 0Szs ZVOM W06S UMSAS uleRl era NS 10# U0113adsu� Ai 00,0093 00,0zes ass OM ae_q uo":qjddV Z� Let's ec'M's 60*6at (1/697) -A -!Psd-I &UPSOUIBU3 9v 962 60-ELGS 9e,zM -d m384:3 Ueld BupeaulBU3 06 696`G3 K,Ue,Ls 9c,9US ucljee Iuslupv 'R /.a b 00 C6,9, 6 L's SE'GU'ZLS V9'CWL$ ;soo juatuaAwdwl ejqasmqtu!eM jegcj_ O0 6 Z- Z, Ls 95,8g9,t$ wonts Mo� qnq 00'0043 00 tl9s WSCS Of) Ms H3 �PJOOLLJ@ GACW@'d 00 000::s DO Otla-S CJ'09£S 00,000,15 V3 I. GO 00 M �l 291. adid &ISW3 --1*FA 00 ozq,z�s me� qvs 00 00 0019'Z-$ V3 alcuus us�c wjq'3,RV z 00'0Z0'06s 0?1 V 9s 0Z Z09'CS GO rig$ L94 adij uieaa uj�aj!3, crags SueugLue WJ049 0,7-0VO-M NdV lido U5,Ud- TI u7r �TU-jRr-7t) ,43adwd e4oegnsj "do3d finzeq iLjo i Wlses'N Hallea j0j —t wg,4-4-nes aue-1 uetmaj;jeN 'm 6 Cs L ; zuauAd0jaAG0 hjaw,4GjbV 3tmnd Gu e -I ueujajip)l M 4. "a I wo"I ;a Alto When Recorded, Return to: city Of Lodi City clerk's ofnee P.O. Box 3006 j Lodi, CA 95247-1910 A RESOLUTIONA A ■ A- F BENOIT AND A yl. tlP Ili ABLE COSTS iF TIENDAbRiVE. IMPROVEMENTS ------------------------ WHEREAS., as a condition of approval for the final. parcel map to divide the former parcelknown as 1811 West Kettleman Lane into three parcels and allow development on the newly created parcel now known as 1816 Tienda [give (APR! 031-040-39), the Applicant, Darrell R. Sasaki, was required to construct pudic improvements to serve existing and proposed parcels south of Applicant's project site, and WHEREAS, Applicant entered into an Improvement Agreement with the City on October 8, 2002, to construct the required public improvements, which included the installation of water main and storm drainage lines, as wall as other miscellaneous and related improvements along the west boundary of Applicant's parcel to serve the neighboring properties known as APN 031- 040-20 and 031-040-40, as shown on Exhibit A, attached, and WHEREAS, in conformance with Lodi Municipal Code (LMC) Section 16.40, staff recommends that the City Council conduct a public hearing to establish aro area of benefit and reimbursable costs to recover the oasts for those improvements that benefit the neighboring properties; namely, APN 031-040-20 and 031-04040. WHEREAS, the reimbursable costs for each parcel are shown on Exhibit B attached hereto; and WHEREAS, pursuant to 1. MG Section 16.40.50.A.3, the reimbursable amounts will. be adjusted annually in January. to include aro amount attributable to interest. The annual adjustment mill be based' cin the change in the Engineering Nuys Record (ENR) 20 Cities Construct on Cost Index from January 1 of the previous year. The beginning ENR index will be 6531. NOW, THEREFORE, BE IT RESOLVED by the Dodi City Council that: a) The City Council hereby establishes aro area of benefit and reimbursable costs to recover the costs for those improvements that benefit the neighboring properties; namely, APN 031-040-20 and 031-040-40. 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 16.40.50.A.3, the reimbursable amounts will be adjusted annually in January to include an amount attributable to interest. The annual adjustment will be based on thechange in the Engineering News Record (ENR) 2.0 Citles Construction Cast Index from January 1 of the previous year. The beginning ENR index will be 6581. Hated: November 5, 2003 I hereby. certify that Resolution No..2003-206 was passed and adopted by the Lodi City Council in a regular meeting held November 5, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 'Zzzy Susan J...Blackston City Clark K, SEC. 15 1 SEC. 14 EXHIBIT A Zf 2-413-03 NOV04411 (AM 4 le k i� 4 Tsutaoka Property NOV04411 (AM 4 le vw df Lad 181I W Katt is l arfs €'!d cytgrks: f3spaata am Agmame t Dovaop s at: ia:lI W. JQ&OWAM Lava DaivrO R. sasakr.. ftft"W-OaU Mbach &Pia= Gess£ a ReinibWsabis t+ilpmwerherds fpr: iarrsll R- Sas*t TO;ai Rc�ge 1 of 1 $ezug pm egy Tsu tw*apr' !y item APH 03444040 APN 631-44" # 12° Sar 11ti:#Oratn pip0: 467 LF $50,00 $3,607220 $6,412.60 510,0$0,00 2 W $loan Clean Marlide 1 EA, SZ600 00 $2:SOO.00 subs sIC�w sa;amw sfzfFo:.00 1 8"watfwPipo 167 LF S37.OD $2,224.4.4 $3,954.:55 56,379.00 2 'f.Mporatyt3im,.ft 1 EA $1.0%00 S9a '00 864 -M $:,E?Oii.€1f➢ 3 Misr s Ta d'ary 3lowcsP{ 1 F.A $1MOO $35,00 164_M S100.€0 Sub toW 52;6211:44 $4,650, 8 $7,279,00 'fatal.paimbursaws lawovemem cost $7,163.64 $12,735.36 $49,6&9.60 98% En & AdmNstrafion $71$.38 $7;273..54 S1,9159,90 Engumwbg Plan check F41*.$4,5w $32236 .357349 $895.46 l RO brapteson Fem 12-5%] S17S. $315.33 $497.47 RekabwswnwA ApoksOm Fw ;s7em:€ o 3320.06 $5710;00 TV peaffan,for Storm.:aninsys8+ n $x:78 $40.32 $2.50.50 Sha: .C*$tVfthQFW.WWR $53 6 SM.44 51496.00 stwe Goat of the ufift poia Relocation $1,434.25 TCW ftimbursablo rlo$t 7 53 S9i,256.fl8 526.962.59 TeW iteim*uMwnent for OarmQ R. Sas-Ai fT om ALL Prapertdes: $26,962.59 Rc�ge 1 of 1 CITY OFLODI Cartiegie Forum 305 West Pine, Street, Lodi For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone, (209) 333-6702 NOTICE OF PUBLIC HEARING LE1,LxHIBIT AJ NOTICE IS HEREBY GIVEN that on Wednesday, November 5, 2003 at the hour of 7:00 p.m., or as sopa 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: aj Reimbursement Agreement FSA -03-43 establishing an area of benefit and reimbursable costs for public improvements for 1816 Tienda give, APN 031-040-39 (a portion of the former parcel known as 1811 West Kettleman Lane) 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. It 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, October 1, 2003 Approved as to faun: Randall A. Hays City Attorney JAC1TYGLRK\FQRMF,NNo1pwdac 101210 11117111111 On Thursday, October 2, 2003, in the City of Lodi, San Joaquin County, California, a copy of the notice to set a Public Hearing to consider Reimbursement Agreement RA - 03 -03 Establishing an Area of Benefit and Reimbursable Costs for Public Improvements for 1816 Tienda Drive, APP 031-040-39 (a portion of the former parcel known as 1811 West Kettleman Lane), (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 October 2, 2003, at Lodi, California, Patricia Ochoa Administrative Clerk ORDERED BY: Jacqueline L, Taylor Deputy City Clerk Jennifer M, Perrin Deputy City Clerk DECLARATION OF MAILING SET PUBLIC HEARING FOR NOVEMBER 5,2003 TO CONSIDER THE REIMBURSEMENT AGREEMENT RA -03-03 ESTABLISHING AN AREA OF BENEFIT AND REIMBURSABLE COSTS FOR PUBLIC IMPROVEMENTS FOR 1816 TEINDA DRIVE, APN 031-040-39 (A PORTION OF THE FORMER PARCEL KNOWN AS 1811 KETTLEMAN LANE) On October 2, 2003, 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 notice to set a Public Hearing for November 5, 2003, to consider the Reimbursement Agreement RA -03-03 establishing an area of benefit and reimbursable cost for public improvements for 1816 Tienda Drive, APP 031-040-39 (A portion of the former parcel known as 1811 West Kettleman Lane), 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 October 2, 2003, at Lodi, California. JACQUELINE L. TAYLOR -R DEPUTY CITY 7E K PATRICIA OCHOA ADMINISTRATIVE CLERK i 'Orynsidcc 111"d I A m A040110101101 JENNIFER M. PERRIN DEPUTY CITY CLERK John Bez.ug 1811 West Kettleman Lane Lodi CA 95240 Darrell Sasaki 1806 West Kettlernan Lane Lodz CA 95242 T. sutomu Tsutaoka 124 Corbin Laity, Lodi CA 95242 }E}E g 1 Please immediately confirm reee*1 thisfiax by calling 333-6702 CITY OF LODI P. 0, BOX 3006 LORI, CALIF ORMA 95241-1910 ADVERTISING INSTRUCTIONS §,UBJECT-. Public Hearing to consider Reimbursement Agreement RA -03-03 establishing an area of benefit and reimbursable costs for public improvements for 1816 Tienda. • portion: West Kettleman Lane) i TEAR SHEETS WANTED, ItCeeL31please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. sox 3006 Lodi_ CA 95241-1910 DATED- THURSDAY, OCTOBER 2, 2003 141HENNIAM JACQUELINE In_. TAYLOR DEPUTY CITY CLERK A PATRICIA C CHOA ADMINISTRATIVE CLERK JENNIFER M. P RRIN DEPUTY CITY CLERK i xed to the Sentinel t 369-1084 at ��(time } on � (i (date} �{�a��s} � LNS i _ Prorsad to confirm receipt of a pRges at h time) Jac T1icia -Jen (initials) i L�I'3;1ti1:3[� Y(! iS. Ej47C CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.Q. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov October 30, 2003 H. DIXON FLYNN City Manager SUSAN J_ BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director John Bezug Darrell Sasaki Tsutomu Tsutaoka, et al 1811 W. Kettleman Lane 1806 W. Kettleman Lane, Ste. G 2124 Corbin Lane Lodi, CA 95240 Lodi, CA 95242 Lodi, CA 95242 SUBJECT: Public Hearing to Consider Reimbursement Agreement RA -03-03 Establishing an Area of Benefit and Reimbursable Costs for Public Improvements for 1816 Tienda Drive, APN 031-040-39 (a Portion of the Former Parcel Known as 1811 West Kettleman Lane) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, November 5, 2003. 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 333-6702. If you have any questions about the item itself, please call Lyman Chang, Associate Civil Engineer, at 333-6800, extension 2665. 1 -/lull& krRichard C. Prima, Jr. ., Public Works Director RCP/pmf Enclosure cc: City Clerk NCC PH1816TIENDADRIVEREIMBAGMTMOC