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HomeMy WebLinkAboutAgenda Report - May 28, 2008 B-01 PH/SMCITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing of the City Council and the Redevelopment Agency of the City of Lodi to Consider a Resolution Certifying the Adequacy of the Final Program Environmental Impact Report for the Lodi Community Improvement Project; a Resolution Finding that the Use of Taxes Allocated from the Lodi Community Improvement Project for the Purposes of Increasing, Improving, and Preserving the Community's Supply of Low- and Moderate -Income Housing Outside the Project Area will be of Benefit to the Project; and Consideration by the City Council of the Introduction of an Ordinance Adopting the Proposed Redevelopment Plan for the Lodi Community Improvement Project MEETING DATE: May 28, 2008 (Special Meeting) PREPARED BY: City Manager RECOMMENDED ACTION: Conduct a joint public hearing of the City Council and the Redevelopment Agency with regard to the proposed adoption of an ordinance to establish the Redevelopment Plan (without the power of eminent domain) for the Lodi Community Improvement Project and other associated actions including adopting a resolution of the Redevelopment Agency of the City of Lodi transmitting the Report to City Council on the Lodi Community Improvement Project, resolutions of the Council and Agency to certify the Final Program Environmental Impact Report (EIR) and adoption of related resolution(s) by the Council and Agency. BACKGROUND INFORMATION: Community Redevelopment Law requires that each of the governing boards of both the redevelopment agency and city council conduct a public hearing prior to the approval of a redevelopment plan. That public hearing may be conducted as a joint public hearing. In 2002, the City Council considered the formation of a Redevelopment Project. Concerns with the possibility of eminent domain caused the then Council to terminate proceedings related to adoption of the Plan. Subsequently, on April 19, 2006, the City Council adopted Ordinance Nos. 1775 and 1776, which prohibit the City and the Redevelopment Agency from acquiring property through eminent domain to be used by a private entity for private profit. With this limitation in place, in July 2007 the City Council directed staff to explore the formation of a Redevelopment Project without the power of eminent domain. The Council expressed interest in providing funds to address infrastructure needs, stimulate the economy, improve the tax base, create jobs, improve housing, and provide public facilities in the eastside of Lodi. Redevelopment through the collection of tax increment provides the City with a potential revenue source to address communitv needs without raisina taxes. APPROVED: BI r g, City Manager N:\Administration%CLERK\CouncillCOUNCOM\RedevelopmentPublicHearing.doc Joint Public Hearing of the City Counciland Redevelopment Agency with Regard to Proposed Adoption of Redevelopment Plan for the Lodi CommunityimprovementProject May28, 2008 Page Two The action now before the Agency and City Council represent the culmination of a year's worth of work to develop a Redevelopment Plan that does not include eminent domain. I n order to provide information to the public, approximately 19 meetings were held with various organizations and for the general public. Staff met with every taxing entity in the County affected by the proposed Plan. Also two citywide mailings were completed. The Lodi Chamber of Commerce, the Lodi Chamber of Commerce Governmental Affairs Committee, the Lodi Chamber of Commerce Hispanic Business Committee, and the Lodi Conference and Visitors Bureau have indicated support for the adoption of the Redevelopment Plan. Various individuals have indicated their opposition through letters to the editor and public comments. The Lodi Community Improvement Project includes approximately 2,000 acres. The area generally lies east of Sacramento Street, takes in the eastside industrial area, the Kettleman Lane corridor to Ham Lane, the entire length of Cherokee Lane, the Lockeford Street corridor, Victor Road to the City limits, and the Lodi Avenue corridor west to Ham Lane. Redevelopment Law requires that every redevelopment plan submitted by an agency to the city council be accompanied by a report that summarizes the key elements of the process to draft the redevelopment plan. The Report to the City Council for the Lodi Community Improvement Project has previously been available to the Council for approximately a week and a half. The Report contains legally required information as well as the Redevelopment Plan. In essence, the Report to the City Council is an overview of the entire process. The Redevelopment Plan has no power of eminent domain. The Redevelopment Plan itself requires it to conform to the General Plan. The Redevelopment Plan includes the proposed boundaries. The Plan provides for a wide variety of activities including investment in infrastructure, economic development activities, and affordable housing. The Plan anticipates the use of tax increment revenue with the collection of tax increment ending in 45 years. The Plan allows, but does not require, the Agency to issue bonds for major capital expenses. Redevelopment Law requires that an EIR be prepared when considering the adoption of a redevelopment project. Because the Redevelopment Plan itself conforms to the General Plan and is a financing tool vs. a land use tool, a Program EIR was prepared by GRC Redevelopment Consultants. Future development assumptions used for the analyses in the EIR were based upon the Lodi General Plan to reflect the City's current General Plan goals and policies for the Project Area. If adopted, the Project will be a tool for implementing the provisions of the General Plan as it exists now or may be modified in the future. A total of three comments were received in response to the Draft Program EIR: one comment was directed at the merits of adopting the Project; the second comment from the California Highway Patrol concerning fiscal impacts upon the CHP from increased traffic is a matterfor additional environmental documentation in the future as specific improvements occur within the Project Area; and the third was from the California Department of Transportation. This last comment requested detailed traffic impact studies as development occurs. A verbal comment on the Draft EIR was received at the April 16, 2008, Planning Commission meeting. This verbal comment questioned the public notification process used in circulating the Draft EIR. Certification of the Final Program EIR is required by both the Agency, as the body that originated the proposed Redevelopment Plan, and the City Council, as the legislative body, with final authority and discretion over the approval of the proposed action. Joint Public Hearing of the City Counciland Redevelopment Agency with Regard to ProposedAdopfion of Redevelopment Plan for the Lodi Community Improvement Project May 28, 2008 Page Three Redevelopment Law allows an agency to use its housing set-aside funds outside of a project area. This is intended to avoid an over -concentration of affordable housing and to provide the greatest flexibility to expend the funds for the benefit of low- and moderate -income residents. Housing funds are typically used to rehabilitate existing structures and can be used to provide for ownership opportunities. The final use of housing set-aside funds will be determined at the discretion of the City Council/Agency Board. Adoption of the proposed resolution will allow housing funds to be spent anywhere within the City limits. On April 16, 2006, the Planning Commission considered the proposed Redevelopment Plan. The Planning Commission found the draft Redevelopment Plan to be in conformance with the City's General Plan and recommended to the Agency and City Council that the Redevelopment Plan be approved. The Planning Commission also removed certain territory from the proposed Project Area. During or before the joint public hearing, individuals or groups may file written objections to the proposed Plan. If there are written objections, the Council should close the public hearing and direct that the written objections be considered and responded to with good -faith reasoned analysis. The Council also has the option of excluding property from the Project Area and changing the Plan. In the case of Lodi's public hearing, this is a special meeting and ordinances may not be adopted at a special meeting; therefore, it is anticipated that upon the close of the public hearing, no further action will be taken by the City Council until June 18 in order to respond to any written objections. Pursuant to Redevelopment Law, notice of the public hearing has been published once a week for four successive weeks. Notices have been mailed by first-class mail to the last known assessee of each parcel in the project area to all residents and businesses and to each taxing entity. FISCAL IMPACTS: One of the fundamental purposes in adopting the Redevelopment Plan is to receive tax increment to invest in the Project Area. Other financial resources available to improve the community and stimulate economic development are limited. The City's General Fund is fully committed. New property owner assessments may prevent reinvestment. Grants from the state and federal government are not expected to be forthcoming; nevertheless, the City continues to seek them. Based upon one scenario of growth, it is estimated that new tax increment generated by the redevelopment project over a 45 -year period will produce $242.1 million for low- and moderate - income housing and $566 million for discretionary tax increment eligible projects in future dollars. The Final Program EIR is attached. (NOTE: Please bring the three-ring binder of the "Draft Report to City Council for the Lodi Community Improvement Project -with you.) - 1 Blair King�Crt�i Manager BK Copy: Planning Commission May 21, 2008 Final Program Environmental Impact Report for the Lodi Community Improvement Project Redevelopment Agency of the City of Lodi SCH NO. 2008022053 GRC REDEVELOPMENT CONSULTANTS 701 S. Parker Street ���Suite 7400 Orange, CA 92868 FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT for the Lodi Community Improvement Project (SCH NO. 2008022053) May 21, 2008 Prepared for: Redevelopment Agency of the City of Lodi 221 W. Pine Street Lodi CA 95241-1910 (209) 333-6700 Prepared by: GRC Redevelopment Consultants, Inc. 701 S. Parker Street, Suite 7400 Orange, CA 92868 (714) 234-1122 JJ Lodi Community Improvement Project TABLE OF CONTENTS Introduction................................................................................1 Responses to Comments.........................................................3 State of California Department of Transportation ....................4 California Department of Highway Patrol..................................7 James McCarty, Resident.........................................................12 Mitigation Monitoring Report Program...............................26 i INTRODUCTION This document, when combined with the Draft Environmental Impact Report (DEIR), constitutes the Final EIR (FEIR) for the proposed Lodi Community Improvement Project, referred to herein as the "Project", pursuant to Section 15132 of the State of California Environmental Quality Act Guidelines ("CEQA Guidelines"). The DEIR contains a complete description of the proposed Project, a description of existing environmental conditions in the approximately 2,159 acres of territory proposed for inclusion in the Lodi Community Improvement Project Area (referred to as "the Project Area"), a discussion of the Project's potential environmental effects, and mitigation measures to reduce or eliminate adverse impacts. The DEIR was circulated for public review and comment between from April 2, 3008 to May 16, 2008. Comments on the DEIR were received from the following two public agencies and one resident: ■ State of California Department of Transportation (Caltrans) ■ California Department of Highway Patrol ■ James McCarty, Resident. The comments received did not identify new substantial impacts or require changes to the analyses or findings of the DEIR. Therefore, there is no requirement to revise or recirculate the DEIR- Also EIR Also contained in this FEIR is the Mitigation Monitoring Program for the Project. RESPONSES TO COMMENTS The comment letters and responses to the comments are included in this section. Each comment letter is provided, then a reiteration of the relevant comment [italicized], and a response to the relevant comment. 2 Flrlar Eivirorrreritd Inpad RW for the Loci Carrrrr.rtity l prat?rrat Prged 0.4122/2008 11:44 7142341126 GRC REDEVELOPMENT PAGE 03/04 04/2Zt'2008 11.:31 FAX 2093336807 CITY OF LODI X1003 Apr. 22, 2008 0:43AM Na.058Q P, 2 DEPARTMENT OF TIRANSPORTA"I ION P.O. BOAC 2048 SMCKTOW, CA 95201 (1976 S. CHARTER WAYlI976 E, DR. MARTIN LUT1i,R KING JR. BLVD. 95205) '17y: Celifbrilia Relay Sewiot (800) 733-2929 PRON2 (x09) 941.1921 FAX (209) 942-7194 April 22, 2008 Blair ling City of Lodi Planning, ]Division 221 West Pine Strebt Lodi, CA 95241-1910 Dear Mr, Xing: �'(es ye+rr pu+ger! Be'flety t1AMf! 10-6 -Varjou.q SCTMW8022053 (DIKIR) Lodi C.ommrmity Improvement Project The California Department of Transportation (Departlnont) appreciates the opportunity tc have reviewed the Draft Environtuental impact Rep0i1. (D13Il;t).application /or. the proposed Lodi Community 11nproveinent Project. The project is a Redevelopment flan for "ptoximately 2,400 -acre 0ima generally located east of Sacramento Street to the eastern border of the City, with some areas extending wOst to Ilam .Lane. The cnrtrnrents pfiov'ided in the letter dated March 7, 2DOB still apply, they are as follows: The Erk"v rwniAi Impact Report (EIR) fat the Genera:! Plan was done on, a piogrammatie level and generally identified capital improvement pxajects (GIP) contained in rite ci lation element of the General Plan. Ilse Draft Environmental Impact Report (DMR) for the Rledoelopment Plant should tier off of the program level and provide speciftc assessments of transportation aceds for this area alarlg with the genettal cyst estimsteR and funding responsibilities. The Department concurs with the stntdMenton page 2, of the "Initiat Study for, the'I.odi Community Improver""nt PmjcAit", that states "Because future development within thee Area Area must occ*r within tho established parameters of the prevailing General flan, irnplemctrtatiOn Of the Redevelopment Plan will not result in any unanticipated development or densities within the Prujeot Area." M6FM Q E&A ION4 A traffic impact study (TIS) is necessary to determine this project,$ near-term, and long-term impacts to State, facilities — buth exisd"g and proposed — and to propose appropriate mitigation "Cbl!rrrae'IWY— lnoby"?y 0bW1 caloraio" 04/22/2608 11:44 7142341126 GRC REDEVELOPMENT 04/22/2008 1,1.-31 FAX 2193336907 CITY OF LoDr Apr. 22. 2008 10,43AM � Na. 0580 P. 3 Ms. King April 22, 200$ Page 2 measures. The dopattment recommernds that the study be ptxpared in accordance with the Caltrans °G'ul4 for the PrepdraflOn of N& Impact S'rt let, dated December 2002 (Ch)ide). The TIS should include All Approved and pending projects wilhin the vicinity. The Department recommend$ that the City encourage the developer to submita, scope of work for conducting the TCS prior to circulating the local developmonl aPPlacation fclr comment in order to expedite the Department's review, The Department is available to discuss assumptions, data requirements, study scenarios, and analysis methodologies prior to beginning tiro V& This VQ help insurc that a quality TIS is prepared. An P-noroachment Permit will be required for work (if any) done within the Doartment`s right of way. This work is subject to the California Environrnental Quality Act (CEQA). Therefore, environmental studies maybe required as part of the encroachment permits application. A qualified professional roust conduct any such studies undertaken to satisfy the Department's environmental review responsibilities, Ground disturbing activities to the site priar to completion and/or apptoval of roquired environmental documents may affect the Dcpartment'e ability to issue a permit for the project, Fathermore, if engineering plans or drawings will be part of your permit application, they should bt: prepared in standard units. The Department has the responsibility for the maintenance and uperatfon of $tate and interstate highways within California, Any prapdsal that would of ftt: that, or enviro=ental resources within the existing highway right -of way, is of conceal to the Department. The proposed project V411 impaci stats facilities, State Route 12 (SR 12) and State Route 99 (SR 99), The proponerg VAII need to submit a complete encroachment petrrrit application with Caltrans in order to make RAY itnprovernettts t* CaltrHns facilities. A copy of the Envil7nnmental lrrrpttat epatt (EIR) to be Completed by rho propanUt should be sent to Calttntts for Environmental review and comments. Caltrans District 10 will £acus on the impacts the proposal will have on the operatiotas of SR 12 and SR 99 And environmental resoutces within existing highway right of --way. If you have any questions or wvot4d life to discuss our oemmonts in more detai I, please contact Kathy Selsor at (209) 948-7194 (Moil; b by 9 9QY, or the at (209) 9$1-1921. Sincerely, ' TDM DUMAS, CHIEF WICE OF METROPOLITAN PLANN NO C; SMorgon ' Sema Clearinghouse "Calms Pvmvar ni4SUlb'lMid,pp Califa i . PAGE 04/04 2004 Flyd Eivimwartd Inpad Float for the Loci Carrr ty l pravrat Prged Commutator State of California Department of Transportation; Tom Dumas, Chief, Office of Metropolitan Planning; in a letter dated April 22, 2008. Comment 01: The Department concurs with the statement on page 2, of the `Initial Studyfor the Lodi Community Improvement Project", that states `Because future development within the Project Area must occur within the established parameters of the prevailing General Plan, implementation of the Redevelopment Plan will not result in any unanticipated development or densities within the Project Area. " Response to Comment #1: The Agency acknowledges Caltrans' concurrence with the Project environmental assessment. No response is required. Comment #2: A traffic impact study (TIS) is necessary to determine this project's near term and long term impacts to State facilities. Response to Comment #2: As acknowledged by Caltrans in Comment #1, above, the Redevelopment Plan will not result in any unanticipated development or densities within the Project Area. Accordingly, future increases in traffic volumes will result primarily from cumulative development throughout the Project Area, which are a function of General Plan's land use and circulation policies. The Project is not expected to cause traffic increases requiring a TIS. However, as discussed in Section 4.3 of the DEIR, as development projects come forward that could impact state highway facilities, standard City development policies require the project developers to provide a TIS in accordance with the Caltrans Guide for Preparation of Traffic Impact Statements, and to submit a scope of work to Caltrans for review and approval prior to study commencement. Therefore, no further response to Caltrans' Comment #2 is required, and there is no requirement to revise or recirculate the DEIR. Comment #3: An encroachment permit will be required for work (f any) done within the Department's right-of-way. This work is subject to CEQA... The proposed project will impact state facilities, SR 12 and SR 99. The proponent will need to submit a complete encroachment permit application to Caltrans in order to make improvements to Caltrans facilities. Response to Comment #3: As discussed in Section 4.3 of the DEIR, the Project does not propose any specific improvements within Caltrans' right-of-way, nor will it result in 5 significant increases in traffic on state facilities. However should future development activities affect Caltrans' rights-of-way, all such work would be required by standard City development policies to comply with Caltrans specifications, including obtaining appropriate encroachment permits and conducting appropriate TIS analyses. The DEIR recognizes that such activities may require CEQA review. As stated in the Preface of the DEIR: `Subsequent activities of the Redevelopment Plan will be examined in the light of this program EIR to determine whether an additional environmental document must be prepared. Because the timing and scope of future improvement projects to be undertaken with Agency funds in the Project Area are not known at this time, subsequent projects will likely require additional environmental analyses." Therefore, no further response to Caltrans' Comment #3 is required, and there is no requirement to revise or recirculate the DEIR. 6 Firlai 5iviror e1d Inpxt RW for the Loci Ccr� l p a rr>e t Plgect W413012008 12:07 FAX 2093336807 CITY OF LODI Q002 State of California—Business, Transportation and Housing Agency ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 3330 Ad Art Road Stockton, CA 95208 (209) 943-8666 (800) 736-2929 (TTITDD) APRT ?0� (800) 735-2922 (Voice) April 11, 2008VAGfqga+� File No.: 265.13668.9921.Lodi Community Improvement Project Mr. Ernie Glover Redevelopment Agency for the City of Lodi 21 West Pine Street - Lodi, C -K§5241 Dear Mr. Glover: Thank you for the opportunity to review the Lodi Community Improvement Project / Environmental Impact Report (EIR). The Lodi Community improvement Project will encompass 2,407.14 acres of land in the area of SR -99 and Highway 12. (SCH# 2008022053). The project will involve a total of 2,971 parcels for residential, 856 parcels for commercial and industrial, a parcel for a school, 22 parcels for a church, 101 parcels for the public and a handful of additional parcels. Although the EIR indicates that the future increase in traffic volumes is in function of the general plan and will be less than significant, it stops short of addressing the negative impact and increased traffic volumes on local freeways. Therefore, I would like to recommend the City of Lodi work closely with the Department of Transportation (Caltrans) as well as the CHP in developing long range and short-term plans that are beneficial to all the citizens utilizing the highway system. i The impacts on local traffic created by this project will be significant and felt by local commuters. This project Will require the CHP to redirect staffing to effectively manage traffic absent an increase in resources. The impacts of this project should be further addressed in the project's EIR. Should you have any questions, please feel free to call my staff at (209) 943-8666. Sincerely, t`�--�. . J.?...IAL, Captain Cander Stockton Area 7 Commentator. California Department of Highway Patrol; J.E. Dial, Captain; in a letter dated April 11, 2008. Comment #1: Although the EIR indicates that the future increase in traffic volumes is (a) function of the General Plan and will be less than significan4 it stops short of addressing the negative impact and increased traffic volumes on local freeways. Response to Comment #1: As acknowledged by Caltrans in Comment #1, above, the Redevelopment Plan will not result in any unanticipated development or densities within the Project Area.. Future increases in traffic volumes will result from cumulative development as a result of the existing General Plan and regional policies. The Project is not expected to cause significant traffic increases on local freeways. As discussed in Section 4.3 of the DEIR, as development projects come forward that could impact state highway facilities, including local freeways, standard City development policies require that project developers provide a TIS in accordance with the Caltrans Guide for Preparation of Traffic Impact Statements. Such activities, as discussed in response to Caltrans Comment #3, could require subsequent CEQA evaluation and, if appropriate, mitigation. Therefore, no further response to Highway Patrol's Comment #1 is required, and there is no requirement to revise or recirculate the DEIR. 8 city r -1 -ark City of Lodi 221 veot piswe street Lodi C& 95'% i% Final Ermmmtd Impact RW for the Loaf Cbr� Inpro►erriart Reject April 24 2000 REErec) APR 28ne Mi T -p as a pa�op"ty awrnar in the proposed Clty of Lodi fedevelcpsment Arica, heraby lodge a protest agaUwt the 3.02.R■ reletsd to #fie pxopnspd PA41evOIDPOOvat Agency for the City of Lodi. T'ewe ZnViY`oO*nta3 LRpaet Reportip as ' t does met auff;Lcie tly addreso the effect on th& $thou groupp jLn the proposed area Offum they have bn decreed livipg in blight. The question here is, with ttre blight s#ignm< wrtta.ehed to UWMe Will ttlelr rontlZMe to OXhibit motavatinn to iwprMm their 1iVing area9 The aeeend 4gestiOu that must be addrenzod is what effm=t gill the blight label 'have when thOBe %4di Citizen* will seek financing for imgrroraffrents on housss asld bunieeaaes., bwat will be denied loans because they are in a blighted- real P.S. My in diate intereat is Chat 1 have property interests Im the proposed blighted area. { t 0&41-�t\ rRPOUS Lary 95240 9 Commentator. James McCarty, Resident at 221 West Pine Street: in a letter dated April 4, 2008. Comment #1: The Environmental Impact Report as presented does not sufficiently address the effect on the ethnic groups in the proposed area once they have been decreed as living in blight. Response to Comment #1: The purpose of CEQA is to address the potential physical changes that a project could cause on the environment. Socio-economic issues and impacts are only relevant if they result in physical changes in the environment. As discussed in the EIR, the proposed project is expected to alleviate existing conditions of blight; and would therefore not be expected to have socio-economic impacts that could adversely affect the physical environment. Therefore, no further response to Mr. McCarty's Comment #1 is required, and there is no requirement to revise or recirculate the DEIR. Comment #2: Will ethnic groups, "... continue to exhibit motivation to improve their living conditions ... " once the "... blight stigma is attached to them. " Response to Comment #2: This is a comment on the proposed redevelopment plan itself, and not on the EIR. The comment will be addressed as part of the Redevelopment Agency's Report to City Council. Therefore, no further response to Mr. McCarty's Comment #2 within the EIR required, and there is no requirement to revise or recirculate the DEIR. Comment #3: What effect will the blight label have when these Lodi Citizens will seekfinancing for improvements on houses and businesses, but will be denied loans because they are in a blighted area? Response to Comment #3: This is a comment on the proposed redevelopment plan itself, and not on the EIR. The comment will be addressed as part of the Redevelopment Agency's Report to City Council. Therefore, no further response to Mr. McCarty's Comment #3 within the EIR required, and there is no requirement to revise or recirculate the DEIR. 10 City of Lodi Lodi Community Improvement Project (SCH NO. 2008022053) MITIGATION MONITORING PROGRAM PROJECT NAME: Lodi Community Improvement Project APPROVAL DATE: 101000OMu1:311:i The following environmental mitigation measures shall be incorporated into individual development projects within the Project Area as conditions of approval, as appropriate, and as applicable pursuant to City General Plan policies, ordinance provisions and related policies. Individual project applicants shall secure a signed verification for each of the mitigation measures indicating that a mitigation measure has been complied with and implemented, and fulfills the City's environmental requirements. (Public Resources Code Section 21081.6.) Final clearance shall require all verifications included in the form. 11 M77G47laVAEASURE 77WNG IIUPL®VENTAnav MERRG47701vaFCOA44 aucE RESPONWILITY A4x4 aringAcddn: Monitoring Date AIR QUALITY — AQ-1: Future development proposals in the Project Area shall be During staff review of Applicant, City Review of project subject to compliance with the established SJVAPCD Rules and a proposed Community applications and Community Regulations Manual, which may include air quality impact studies development project Development preparation of Initial Development and subsequent CEQA analysis. The City Community Development Department staff Studies, air quality Director Director shall ensure compliance. impact assessments and other environmental documentation as may be required AQ-2: Future development proposals in the Project Area shall be During staff review of Applicant Submission of a Community subject to compliance with a City adopted "green design" or a proposed development plans Development "sustainable development" ordinance should such ordinance be development project in compliance with Director adopted prior to project development. If such ordinance is not green design" or adopted prior to project development, each development shall be "sustainable encouraged to incorporate any or all of current available energy- development" conservation features and "green" technologies into the project ordinance should such ordinance be design. adopted prior to project development [IPA Fina! tr► mm7ettaf hrpad R pat for the Loot Car� Irrpraerred Prgect M71G47101VAEASME TIMIVG INPLE EMA7701V RESPONWILITY vEaMARMOFCOUPI AA E A&r todnyacddn: MbrrWng Date ftVa sWI ty Cbrr#eted CULTURAL RESOURCES — CUL, 1: Prior to issuance of any permits related to the exterior Prior to issuance of Applicant, City Preparation and demolition, structural repair or construction on structures over 45 any permits related Community review of a Community years of age and which are considered based on available City to the exterior DevelopmentDirector historical storical resource Development records to be potentially historically significant, a historical resource demolition, Department staff survey survey shall by conducted by a qualified consultant. Should the structural repair or structure be found to be potentially significant, mitigation measures construction on recommended by the historical resources consultant shall be structures over 45 considered for inclusion in the project. The City Community years of age and Development Director shall ensure compliance. which are considered based on available City records to be potentially historically significant 13 RESOLUTION NO. RDA2008- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI APPROVING AND TRANSMITTING ITS REPORT ON THE LODI COMMUNITY IMPROVEMENT PROJECT TO THE CITY COUNCIL OF THE CITY OF LODI WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has prepared a Redevelopment Plan for the Lodi Community Improvement Project (the "Improvement Plan") in compliance with the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.; the "CRL"); and WHEREAS, Section 33352 of the CRL states that every redevelopment plan submitted by a redevelopment agency to the legislative body shall be accompanied by a report on the plan; and law WHEREAS, the Agency has prepared its report (the "Report to the City Council") as required by NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lodi as follows: SECTION 1. Pursuant to Section 33352 of the CRL, the Agency has prepared its Report to the City Council for the Lodi Community Improvement Project, submitted under separate cover and made a part hereof by this reference. SECTION 2. The Agency hereby approves its Report to the City Council on the Lodi Community Improvement Project. SECTION 3. The Executive Director of the Agency is hereby authorized and directed to transmit the Report to the City Council to the City Council. SECTION 4. The Secretary shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Dated: , 2008 I hereby certify that Resolution No. RDA2008-_ was passed and adopted by the Members of the Redevelopment Agency of the City of Lodi in a regular meeting held , 2008, by the following vote: AYES: Attest: MEMBERS— NOES: MEMBERS— ABSENT: MEMBERS— ABSTAIN: EMBERS— MEMBERS— Attest: RANDI JOHL Secretary City of Lodi Redevelopment Agency JOANNE MOUNCE Chairperson City of Lodi Redevelopment Agency RDA2008- RESOLUTION NO. RDA2008- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI APPROVING AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE LODI COMMUNITY IMPROVEMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has initiated a Redevelopment Plan for the Lodi Community Improvement Project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of Lodi has approved and forwarded to the Agency and the City of Lodi its report that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Lodi and has recommended approval of said Redevelopment Plan; and WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") was prepared for the Redevelopment Plan pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations Sections 15000, et seq.) (the "CEQA Guidelines"); and WHEREAS, the Draft EIR was sent to the City of Lodi Planning Commission (the "Commission"), and the Commission held a public meeting to receive public input on the adequacy of the Draft Environmental Impact Report; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, pursuant to public notice duly given, the City Council of the City of Lodi (the "City Council") and the Agency held a full and fair public hearing on the proposed Redevelopment Plan and Final Environmental Impact Report ("Final EIR") on May 28, 2008; and WHEREAS, the Agency is the lead agency for the Redevelopment Plan under CEQA; and WHEREAS, the Agency has reviewed and considered the Final EIR and the mitigation monitoring program included therein with respect to the Redevelopment Ran (the "Mitigation Monitoring Program"), including all comments and responses thereto; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LODI DOES HEREBY RESOLVE: SECTION 1. The Final EIR has been completed in compliance with CEQA and the CEQA Guidelines, as well as the local CEQA guidelines. SECTION 2. The Agency hereby certifies that a full and fair public hearing has been held on the Final EIR, including all comments received thereon and responses thereto, which comments and responses are included in the Final EIR; the Agency as the lead agency has reviewed and considered the Final EIR and the information contained therein prior to deciding whether to approve the proposed Redevelopment Plan, including all comments received thereon and responses thereto; and the Agency finds that the Final EIR reflects the independent judgment of the Agency. These actions having been taken, the Final EIR is hereby approved and certified by the Agency. SECTION 3. The Agency hereby makes and adopts the following findings of fact as set forth in the Final EIR: Environmental impacts of the Redevelopment Plan will be less than significant without mitigation for aesthetics, agricultural resources, biological resources, cultural resources, geology/soils, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, traffic and utilities. Certain environmental impacts related to the Redevelopment Plan are potentially significantly adverse, but will be mitigated to less than significant level by conditions imposed upon the Redevelopment Plan in the area of air quality and cultural resources. Such impacts and mitigations are identified in Sections 4.4 Air Quality and 4.7 Cultural Resources of the Draft EIR portion of the Final EIR. All feasible mitigation measures, which are within the jurisdiction of the Redevelopment Agency of the City of Lodi a; identified in the Final Environmental Impact Report, have been incorporated into the project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. SECTION 4. The Agency hereby adopts the Mitigation Monitoring Program set forth in the Final EIR, which is hereby incorporated herein by reference, and finds that the mitigation measures and Mitigation Monitoring Program set forth in the Final EIR will eliminate, mitigate, avoid, or reduce to a level of significance, all potentially significant environmental effects of the Redevelopment Plan. The Agency hereby requires that such mitigation measures and the Mitigation Monitoring Program shall be implemented in connection with, and are hereby made a part of, the Redevelopment Plan. SECTION 5. The Agency finds that the project alternatives identified in the Final EIR, including the No Project alternative and the Reduced Project Area alternative, either would not reduce environmental impacts, or would not achieve the primary objectives of the Redevelopment Plan, and such alternatives are therefore infeasible, and the proposed Redevelopment Plan is the environmentally superior alternative. SECTION 6. The Agency shall make available the Final EIR and other related materials which constitute the record of the proceedings upon which its decision is based at the Lodi City Hall, 221 W. Pine Street, in the City of Lodi, California. SECTION 7. Based on the Initial Study and the entire record before the Agency, the Agency declares that there is no evidence before it that the Redevelopment Plan has any potential for an adverse effect on wildlife resources or habitats and has rebutted the presumption of adverse effects set forth in Title 14, California Code of Regulations, Section 753.5(d). SECTION 8. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence in the record of the proceedings on the Redevelopment Plan and the Final EIR, which include, among other things, the City of Lodi General Plan and the City of Lodi zoning regulations. The documents, staff reports, plans, specifications, technical studies, and other relevant materials, including, without limitation, fie Final EIR, that constitute the record of proceedings on which this Resolution is based are on file and available for public examination during normal business hours in the Agency offices, 221 W. Pine Street, Lodi, California. The custodian of said records is the Secretary of the Agency. SECTION 9. Upon approval of the Plan by the City, the Agency Secretary shall cause a Notice of Determination to be filed forthwith in the Office of the County Clerk of the County of San Joaquin and the State Clearinghouse pursuant to CEQA Guidelines Section 15094. SECTION 10. That the Chairman shall sign this resolution and the Secretary shall attest and certify to the passage and adoption thereof. Dated: , 2008 --------------------------------------------------------------------- --------------------------------------------------------------------- I hereby certify that Resolution No. RDA2008- was passed and adopted by the Members of the Redevelopment Agency of the City of Lodi in a regular meeting held , 2008, by the following vote: AYES: MEMBERS— NOES: MEMBERS— ABSENT: MEMBERS— ABSTAIN: MEMBERS — JOANNE MOUNCE, CHAIRPERSON Redevelopment Agency of the City of Lodi ATTEST: RANDI JOHL, SECRETARY Redevelopment Agency of the City of Lodi APPROVED AS TO FORM: STEVEN SCHWABAUER, AGENCY GENERAL COUNSEL Redevelopment Agency of the City of Lodi Kill A; RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF LODI APPROVING AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE LODI COMMUNITY IMPROVEMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has initiated a Redevelopment Plan for the Lodi Community Improvement Project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of Lodi has approved and forwarded to the Agency and City of Lodi (the "City") its report that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Lodi and has recommended approval of said Redevelopment Plan; and WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") was prepared for the Redevelopment Plan pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations Sections 15000, et seq.) (the "CEQA Guidelines"); and WHEREAS, the Draft EIR was sent to the City of Lodi Planning Commission (the "Commission"), and the Commission held a public meeting to receive public input on the adequacy of the Draft Environmental Impact Report; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, pursuant to public notice duly given, the City Council of the City of Lodi (the "City Council") and the Agency held a full and fair public hearing on the proposed Redevelopment Plan and Final Environmental Impact Report ("Final EIR") on May 28, 2008; and WHEREAS, the City is a responsible agency for the Redevelopment Plan under CEQA; and WHEREAS, the City has reviewed and considered the Final EIR and the mitigation monitoring program included therein with respect to the Redevelopment Plan (the "Mitigation Monitoring Program"), including all comments and responses thereto; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES HEREBY RESOLVE: SECTION 1. The Final EIR has been completed in compliance with CEQA and the CEQA Guidelines, as well as the local CEQA guidelines. SECTION 2. The City hereby certifies that a full and fair public hearing has been held on the Final EIR, including all comments received thereon and responses thereto, which comments and responses are included in the Final EIR; the City as a responsible agency has reviewed and considered the Final EIR and the information contained therein prior to deciding whether to approve the proposed Redevelopment Plan, including all comments received thereon and responses thereto; and the City finds that the Final EIR reflects the independent judgment of the City. These actions having been taken, the Final EIR is hereby approved and certified by the City. SECTION 3. The City hereby makes and adopts the following findings of fact as set forth in the Final EIR: Environmental impacts of the Redevelopment Plan will be less than significant without mitigation for aesthetics, agricultural resources, biological resources, cultural resources, geology/soils, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, traffic, and utilities. Certain environmental impacts related to the Redevelopment Plan are potentially significantly adverse, but will be mitigated to less than significant level by conditions imposed upon the Redevelopment Plan in the area of air quality and cultural resources. Such impacts and mitigations are identified in Sections 4.4 Air Quality and 4.7 Cultural Resources of the Draft EIR portion of the Final EIR. All feasible mitigation measures, which are within the jurisdiction of the City of Lodi as identified in the Final Environmental Impact Report, have been incorporated into the project and represent the fullest extent to which the project -related impacts can be reasonably avoided and/or substantially lessened. SECTION 4. The City hereby adopts the Mitigation Monitoring Program set forth in the Final EIR, which is hereby incorporated herein by reference, and finds that the mitigation measures and Mitigation Monitoring Program set forth in the Final EIR will eliminate, mitigate, avoid, or reduce to a level of significance, all potentially significant environmental effects of the Redevelopment Plan. The City hereby requires that such mitigation measures and the Mitigation Monitoring Program shall be implemented in connection with, and are hereby made a part of, the Redevelopment Plan. SECTION 5. The City finds that the project alternatives identified in the Final EIR, including the No Project alternative and the Reduced Project Area alternative, either would not reduce environmental impacts, or would not achieve the primary objectives of the Redevelopment Plan, and such alternatives are therefore infeasible, and the proposed Redevelopment Plan is the environmentally superior alternative. SECTION 6. The City shall make available the Final EIR and other related materials which constitute the record of the proceedings upon which its decision is based at the Lodi City Hall, 221 W. Pine Street in the City of Lodi, California. SECTION 7. Based on the Initial Study and the entire record before the City, the city declares that there is no evidence before it that the Redevelopment Plan has any potential for an adverse effect on wildlife resources or habitats and has rebutted the presumption of adverse effects set forth in Title 14, California Code of Regulations, Section 753.5(d). SECTION 8. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence in the record of the proceedings on the Redevelopment Plan and the Final EIR, which include, among other things, the City of Lodi General Plan and the City of Lodi zoning regulations. The documents, staff reports, plans, specifications, technical studies, and other relevant materials, including, without limitation, the Final EIR, that constitute the record of proceedings on which this Resolution is based are on file and available for public examination during normal business hours in the Agency offices, 221 W. Pine Street, Lodi, California. The custodian of said records is the City Clerk. SECTION 9. That the Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof. Dated: '2008 ------------------------------------------------------- ------------------------------------------------------- I hereby certify that Resolution No. 2008- was passed and adopted by the City Council of the City of Lodi in a regular meeting held , 2008, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — ATTEST: RANDI JOHL, CITY CLERK City of Lodi APPROVED AS TO FORM: JOANNE MOUNCE, MAYOR City of Lodi STEVEN SCHWABAUER, CITY ATTORNEY City of Lodi 2008- RESOLUTION NO. RDA2008- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI FINDING THAT THE PROVISION OF LOW- AND MODERATE -INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has initiated proceedings for the adoption of the Lodi Community Improvement Project (the "Project") and a project area as established in connection therewith (the "Project Area") and has filed with the Lodi City Council (the "City Council") its report to the City Council for the Lodi Community Improvement Project; and WHEREAS, in accordance with Section 33334.2(a) of the Community Redevelopment Law (the "CRL"), not less than twenty percent (20%) of all tax increment that is allocated to the Agency from the Project Area shall be used for the purposes of increasing, improving, and preserving the community's supply of low and moderate -income housing available at affordable housing cost; and WHEREAS, CRL Section 33334.2(g) provides that the Agency may use such funds outside the Project Area upon adoption of resolutions by the City Council and the Agency finding that the provision of low- and moderate -income housing outside the Project Area is of benefit to the Project; and WHEREAS, such authority is necessary and appropriate because (i) future locations of housing for low- and moderate -income families cannot be fully determined at this time and (ii) the governing board of the Agency should be able to consider the most advantageous proposals from time to time concerning the provision of affordable housing. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lodi as follows: SECTION 1. Pursuant to CRL Section 33334.2(g) the Agency hereby finds that the provision of low- and moderate -income housing outside the boundaries of the Project Area will be of benefit to the Project. SECTION 2. Pursuant to CRL Section 33334.2(g), the Agency hereby authorizes the use of low and moderate -income housing funds outside the boundaries of the Project Area. SECTION 3. The findings and determinations set forth herein shall be deemed final and conclusive. This Resolution shall take force and effect as of the date this Resolution is approved. Dated: , 2008 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- I hereby certify that Resolution No. RDA2008- was passed and adopted by the Members of the Redevelopment Agency of the City of Lodi in a regular meeting held , 2008, by the following vote: AYES: ATTEST: MEMBERS— NOES: MEMBERS— ABSENT: MEMBERS— ABSTAIN: EMBERS— MEMBERS— ATTEST: RANDI JOHL, SECRETARY Redevelopment Agency of the City of Lodi JOANNE MOUNCE, CHAIRPERSON Redevelopment Agency of the City of Lodi RDA2008- RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI FINDING THAT THE PROVISION OF LOW- AND MODERATE -INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has initiated proceedings for the adoption of the Lodi Community Improvement Project (the "Project") and a project area as established in connection therewith (the "Project Area") and has filed with the Lodi City Council (the "City Council") its report to the City Council for the Lodi Community Improvement Project; and WHEREAS, in accordance with Section 33334.2(a) of the Community Redevelopment Law (the "CRL"), not less than twenty percent (20%) of all tax increment that is allocated to the Agency from the Project Area shall be used for the purposes of increasing, improving, and preserving the community's supply of low and moderate -income housing available at affordable housing cost; and WHEREAS, CRL Section 33334.2(g) provides that the Agency may use such funds outside the Project Area upon adoption of resolutions by the City Council and the Agency finding that the provision of low- and moderate -income housing outside the Project Area is of benefit to the Project; and WHEREAS, such authority is necessary and appropriate because (i) future locations of housing for low- and moderate -income families cannot be fully determined at this time and (ii) the governing board of the Agency should be able to consider the most advantageous proposals from time to time concerning the provision of affordable housing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as follows: SECTION 1. Pursuant to CRL Section 33334.2(g), the City Council hereby finds that the provision of low and moderate -income housing outside the boundaries of the Project Area will be of benefit to the Project. SECTION 2. Pursuant to CRL Section 33334.2(g), the City Council hereby authorizes the use of low- and moderate -income housing funds outside the boundaries of the Project Area. SECTION 3. The findings and determinations set forth herein shall be deemed final and conclusive. This Resolution shall take force and effect as of the date this Resolution is approved. Date: , 2008 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- I hereby certify that Resolution No. 2008- was passed and adopted by the Lodi City Council in a regular meeting held , 2008, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — ATTEST: JOANNE MOUNCE, Mayor of the City of Lodi RANDI JOHL, City Clerk 2008- ORDINANCE NO. — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LODI COMMUNITY IMPROVEMENT PROJECT WHEREAS, the Community Redevelopment Law (California Health and Safety Code Division 24, Part 1) (the "CRL") permits the adoption of redevelopment plans and specifies the procedure for doing so; and WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has prepared a redevelopment plan dated as of April 18, 2008, and entitled "Redevelopment Plan for the Lodi Community Improvement Project" (the "Redevelopment Plan"), which includes the creation of the Lodi Community Improvement Project Area (the "Project Area"); and WHEREAS, the City Council of the City of Lodi (the "City Council") proposes by this Ordinance to adopt the Redevelopment Plan and to establish the Project Area, and WHEREAS, the Agency has forwarded to the City Council and the City Council has received a copy of the Redevelopment Plan, which is on file with the City Clerk at the Office of the City Clerk of the City of Lodi, 221 West Pine Street, Lodi, California 95240, together with the Report to the City Council of the Agency prepared pursuant to Section 33352 of the CRL (the "Report to Council'), which includes a description and discussion of the Lodi Community Improvement Project, and which discusses certain other matters as set forth in Section 33352 of the CRL and including the Environmental Impact Report prepared for the Project (the "EIR"); and WHEREAS, consistent with the direction earlier given by the City Council, the Redevelopment Plan does not provide for the Agency to have or utilize the power of eminent domain; and WHEREAS, a Project Area Committee was not required to be formed in connection with the subject Redevelopment Plan because the Redevelopment Plan does not include authorization for the Agency to acquire by eminent domain property upon which people lawfully reside (the Redevelopment Plan, in this case, does not contain any power of eminent domain of the Agency); and WHEREAS, by adoption of Resolution No. PC 08-09 of the Lodi Planning Commission on April 23, 2008, the Planning Commission has submitted to the City Council its report that the Redevelopment Plan conforms to the Lodi General Plan and its recommendation for approval of the Redevelopment Plan; and WHEREAS, the City Council and the Agency held a joint public hearing on the proposed adoption of the Redevelopment Plan in the City Council Chambers, City Hall, 221 West Pine Street, Lodi, California; and WHEREAS, notice of the joint public hearing was duly and regularly published in a newspaper of general circulation in the City of Lodi (the "City") once a week for four (4) successive weeks prior to the date of the joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Lodi and Secretary of the Agency; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to the last known address of each assessee, as shown on the last equalized assessment roll of the County of San Joaquin, of each parcel of land in the Project Area, to each resident, and to each business as practicable at least thirty (30) days prior to the joint public hearing; and WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, in accordance with CRL Section 33350, each assessee whose property would be subject to acquisition by purchase or condemnation was provided notice, either by statement, list or map; and WHEREAS, the City Council has considered the Report, the Redevelopment Plan, and its effects, and the EIR; and has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the adoption of the Redevelopment Plan; and WHEREAS, the Agency and the City Council have reviewed and considered the EIR for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21000 et seq. and Health & Safety Code Section 33352, and certified said EIR on , 2008, by Agency Resolution No. and by City Council Resolution No. ; and WHEREAS, the City Council has received and has considered the Report to Council from the Agency with regard to the Redevelopment Plan, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan, and has made a written response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: SECTION 1. The overall purpose of the City Council formulating the Redevelopment Plan is to provide for the elimination or alleviation of physical and economic blighting conditions, as defined in Sections 33030 and 33031 of the CRL, that exist within the Project Area. Broadly stated, these conditions include, without limitation: physical deterioration of buildings and facilities; potential threats to the public health and safety, inadequate public improvements and facilities that are essential to the health and safety of local residents and property owners; areas of incompatible land uses; lots of irregular form and shape and of inadequate size for proper development; and land suffering from depreciated or stagnant values. In eliminating blighting conditions, the Redevelopment Plan is intended to achieve the following goals and will institute the following programs or activities: oo Enhance existing business and residential neighborhoods, and encourage new in -fill development as appropriate. oo Encourage development according to the City's General Plan, as it currently exists or may be amended in the future. 2 oo Help preserve and enhance existing conforming residential neighborhoods through landscaping, street and other infrastructure improvements. oo Work with business and property owners to upgrade their properties in the Project Area. oo Rehabilitate deteriorated residential and commercial properties to eliminate safety deficiencies to extend the useful lives of these structures. oo Encourage policies that protect historic structures and ensure historic preservation in the Project Area. oo Work with property owners and businesses to clean up properties that are or have been exposed to hazardous materials. oo Work with property owners to eliminate the negative impacts related to non- conforming land uses. oo Provide for an appropriate buffer to residential neighborhoods from noise, odors, and vibrations for non-residential uses. oo Promote and ensure an environment that is friendly and safe for pedestrians. oo Strengthen pedestrian connections between neighborhoods, and from the Project Area to the rest of the City. oo Create successful commercial and industrial employment areas to serve local residents, businesses, employees and visitors. oo Develop infrastructure improvements that facilitate private investment in the Project Area. oo Assist economically depressed properties to reverse stagnant or declining property investment through infrastructure improvements and programs. oo Expand opportunities for shopping and services by encouraging the development of new commercial uses that fulfill unmet needs in the community and rehabilitation of existing commercial properties. oo Work with property owners to consolidate parcels to induce new or expanded business development. oo Promote the development of new commercial and industrial opportunities that provide for diverse employment opportunities. oo Provide relocation assistance to businesses and residents in accordance with current law. oo Establish the Project Area as a community with a high-quality housing stock that includes a variety of housing unit types affordable to a wide range of households. oo Improve the appearance and attractiveness of residential neighborhoods through neighborhood improvement programs, code enforcement efforts. oo Protect the health and general welfare of the Project Area's low- and moderate - income residents by utilizing 20% of the property tax increment revenues to improve, increase and preserve the supply of low- and moderate -income housing. 3 oo Provide replacement housing as required by law if any dwelling units affordable to low- or moderate -income persons or families are lost from the housing supply as a result of Agency activities. oo Provide relocation assistance to businesses and households displaced by Agency activities. oc Provide housing rehabilitation programs to upgrade properties to eliminate blight and adverse code conditions. oo Improve the Project Area's public infrastructure system to ensure public health, safety and welfare of residents, businesses, and properties. oo Provide for improvements to the infrastructure system that cannot be undertaken by a single property owner, but must be improved on an area -wide basis such as drainage improvements, water distribution lines, flood control facilities, and under - grounding of utilities. oc Provide a range of public infrastructure improvements that induce or facilitate private investment such as intersection upgrades, streets, curbs and gutters, sidewalks, street medians, and parking management facilities. oo Work with property owners on the location and timing of improvements to economically assist the repositioning and development of parcels. oc Ensure that the Lodi Community Improvement Project is managed in the most efficient, effective and economical manner possible. oo Encourage the cooperation and participation of property owners, tenants, residents, public agencies, and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. oo Establish programs and activities which assist, complement, and coordinate with public and private development and encourage revitalization and enhancement in the Project Area. oc Oversee the necessary infrastructure improvements in a coordinated and efficient manner. SECTION 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report and all documents referenced therein, and testimony received at the joint public hearing on adoption of the subject Redevelopment Plan that: a) The Project Area is a blighted area pursuant to the CRL, the redevelopment of which is necessary to effectuate the public purposes of the CRL. These findings are based in part on testimony and the Report to Council. b) The Redevelopment Plan will redevelop the Project Area in conformity with the CRL and in the interests of the public health, safety and welfare. This finding is based in part upon the fact that redevelopment of the Project Area will implement the objectives of the CRL by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land and on testimony and the Report to Council. Is c) The adoption and carrying out of the "Project" (as described in the Redevelopment Plan) is economically sound and feasible. This finding is based in part on the fact that within the passage of the Project, the Agency will engage in activities within the financial capability of the Agency based upon the revenues that will be available to the Agency and will pursue those activities which are consistent with revenues realized after adoption of the Project. Furthermore, this finding is based upon the fact that the Agency's Report further discusses and demonstrates the economic soundness and feasibility of the Project and undertakings pursuant thereto, even after adoption of the Project and on testimony and the Report to Council. d) Redevelopment Plan is consistent with the City of Lodi's General Plan including, but not limited to, the Housing Element thereof, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based in part on the Lodi General Plan (Planning Commission Resolution No. PC 08-09, adopted April 23, 2008) and on testimony and the Report to Council. e) The carrying out of the Redevelopment Plan would promote the public peace, health, safety and welfare of the community and will effectuate the purposes and policies of the CRL. This finding is based on the fact that redevelopment will benefit the Project Area and the community by allowing the Agency to correct continuing conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of the Project Area and the community and on testimony and the Report to Council. f) The Agency has a feasible method for the relocation of families and persons displaced, if any, from the Project Area. The City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable to any relocation that would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. g) There are or shall be provided within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons displaced from the Project Area, if any, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons, and reasonably accessible to their places of employment. h) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the CRL and other applicable provisions of law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to the applicable provisions of Sections 3334.5, 33413 and 33413.5 of the CRL. The Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition Guidelines. The method provides that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. i) All noncontiguous areas of the Project Area, if any, are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from such area pursuant to Section 33670 of the CRL without other substantial justification for their inclusion. The Project Area is a blighted area which is characterized by a combination of conditions which are prevalent and so substantial that it causes a reduction of, and lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. j) Inclusion of any lands, buildings or improvements into the Project Area, which are not detrimental to the public health, safety or welfare, is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the CRL without other substantial justification for its inclusion. This finding is based in part upon the fact that the boundaries of the Project Area were specifically drawn to include only those lands that were underutilized because of blighting influences, or to include land affected by the existence of blighting influences or land uses significantly contributing to the conditions of blight, or to include land that is necessary for effective redevelopment, which inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan and on testimony and the Report to Council. k) The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based in part upon the continued existence of blighting influences including, without limitation, the demonstrated lack of private sector interest in redeveloping properties in the Project Area, structural deficiencies and other indications of blight more fully enumerated in the Report, and the infeasibility due to cost of requiring individuals (by means of assessment or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions and on testimony and the Report to Council. 1) The Project Area is predominately urbanized, as defined by subdivision (b) of CRL Section 33320.1. This finding is based in part on testimony and the Report to Council. m) The time limitations contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. This finding is based on testimony and the Report to Council. n) The limitation on the number of dollars to be allocated to the Agency as contained in the Redevelopment Plan is reasonably related to the proposed projects to be implemented in the Project Area and the ability of the Agency to eliminate blight within the Project Area. This finding is based on testimony and the Report to Council. o) The implementation of the Redevelopment Plan will improve or alleviate the physical and economic conditions of blight in the Project Area, as described in the Report. This finding is based on testimony and the Report to Council. 0 p) The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land on land sold or leased for private use for periods of time and under conditions specified in the Redevelopment Plan, which the City Council deems necessary to effectuate the purposes of the Health and Safety Code. This finding is based on testimony and the Report to Council. q) Based upon the record of the joint public hearing held on the Redevelopment Plan and the various reports and other information provided to the City Council, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area, may be displaced and that pending the development of such facilities, there will be available to such occupants who may be displaced adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. SECTION 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Redevelopment Project are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. This statement is based upon the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement and on testimony and the Report to Council. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. This statement is made pursuant to the requirements of the CRL notwithstanding the expectation that there will not be displacement of residential occupants in connection with the actions of the Agency in implementing the Redevelopment Plan. SECTION 4. The City Council has considered written objections, if any, to the Redevelopment Plan and all evidence and testimony for and against the adoption of the Redevelopment Plan. All written objections, if any, have been overruled. SECTION 5. The City Council has previously approved all appropriate environmental findings and determinations required in connection with the adoption of the Redevelopment Project. SECTION 6. That certain "Redevelopment Plan for the Lodi Community Improvement Project" (also referred to above as the "Redevelopment Plan") a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. The Redevelopment Plan, which is incorporated herein by reference, is hereby designated, approved, and adopted as the official redevelopment plan for the Project Area and the Lodi Community Improvement Project. SECTION 7. In order to implement and facilitate the effectuation of the Redevelopment Project hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area, (c) stands ready to consider and take 7 appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under be provisions of the Redevelopment Plan. SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. SECTION 9. The City Clerk is hereby directed to record the subject Redevelopment Plan or a notice that such Redevelopment Plan has been adopted in the Official Records of San Joaquin County as promptly as practicable. The City Clerk is further directed to record, within sixty (60) days of the passage of this Ordinance, in the Official Records of San Joaquin County, the notice required pursuant to Section 33373 of the CRL, which notice must include a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the CRL. SECTION 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in the Lodi News Sentinel, a newspaper of general circulation which is published and circulated in the City of Lodi. SECTION 11. If any part of this Ordinance or the subject Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of the subject Redevelopment Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the subject Redevelopment Plan if such invalid portion thereof had been deleted. SECTION 12. This Ordinance shall be in full force and effect thirty (30) days after passage. Approved this day of , 2008 JOANNE MOUNCE Mayor Attest: RANDI JOHL City Clerk State of California County of San Joaquin, ss. I, Randi Johl, 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 , 2008, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2008, 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. Approved as to Form: D. STEPHEN SCHWABAUER City Attorney RANDI JOHL City Clerk 6 3- 1 My name is Robert Emmer. I would like to thank each member of the Lodi City Council/Lodi Redevelopment Agency for this opportunity to speak to you. Today, I am speaking in my role as the Vice President of the City of Lodi Public Library Board of Trustees and on behalf of the entire Board of Trustees. We on the Board think of the Public Libraryas our Community Living Room. Our Community Living Room is a place where one can exchange ideas with others, learn new concepts and where we each can teach and be taught. City surveys continue to show how important our Library is to our community. Unfortunately the Public Library has become somewhat run down over the past decade. With the financial hard times that have occurred in Lodi, maintenance on City buildings has continued to be deferred. Those deferrals have brought us to the point where we have had develop fund raising campaigns to provide services for the Library that we believe should normally be provided by the City. The Library will spend upwards of $1.5 million over the next year for refurbishment. $860,000 of those funds come from the Board of Trustees Private Sector Trust Fund, and donations raised by the Library Foundation and Friends of the Library. $650,000 of the funds come from the Libraryfund balance, which were accrued over years of the Library spending less money than receipts from its 20% share of the city propertytax revenues. In addition, about $200,000 is from Federal Community Development Block Grant money allocated to the Libraryfrom the City Council. This $1.5 million still leaves a shortfall of approximately $1.0 to $1.5 million that is needed to completely renovate the Library. There are many folks hard at work to raise these funds. We believe that we will be successful in raising these funds and completing construction over the next 2-3 years. Depending upon the costs or materials, and the availability of funds, we will probably need to continue to raise funds for on-going renovations. And upon completion of these renovations, we will still have a 30 year old Library, with 30 year old infrastructure. This brings me to the point of my presentation. The City of Lodi needs a new Public Library, one that is larger, one that can provide more services and one that has a new infrastructure, if we are going to provide services to our community over the next two to three decades. We, the City of Lodi Public Library Board of Trustees believe, given the current financial status of the City of Lodi, that the only way to provide a new facility is through funds provided by a Redevelopment Agency. The Board of Trustees has voted, with a 5-0 vote, to support the effort to bring a Redevelopment Agency to the City of Lodi, so that we can work together to prioritize a new Library and so that we can begin the work of planning for a future project to bring a new Library to the City of Lodi. The Board of Trustees is willing to work with the City Administration and the City Council to move forward the work to create anew Redevelopment Agency. In doing so, we are hopeful that City Administration and the City Council/ Redevelopment Agency will work with us in planning for a new Public Library through the use of funds generated by the Redevelopment Agency concept. If you have any questions, I will be glad to answer them. Robert E. Emmer Vice President City of Lodi Public Library Board of Trustees MRY 28 2008 12:50 FR UPRR OMAHA LAW DEPT 402 501 0399 TO 912093336807 UNION PACIFIC RAILROAD COMPANY FACSIMILE TRANSMISSION as Law Department Stop 1580 Deliver to: City Clerk, City of Lodi CoJDept.: P.01/OZ 7ri 1400 Douglas Street Omaha, NE 68179 Fax No.: 209-333-6807 Date: May 28 , 2008 From: Donna Coltrane, Legal Assistant Phone: (402) 544-4397 No. of Pages Transmitted _2 plus cover sheet COMMENTS: Transmitting From Fax No. (402) 501-0132 IFYOU DO NOT RECEIVE ALL PAGES CALLUS AS SOON AS POSSIBLE (402) 544-4397 This facsimile message may be a privilegedand confidential communication and is intendedforthe useof the personto whom it was sent, iyou have received this message in error, please notify us immediatelyat (402) 544-4387. This message should not bir disseminated or copied if you are not the intended recipient, but should be returned to the above address by mail or destroyed. THANKYOU. MRY 28 2888 12:50 FR UPRR OMRHR LRW DEPT 402 501 0399 TO 912093336887 P. 02/03 isLaw Department May 28 , 2008 VIA FACSIMILE (209) 333-6807 City Clerk City of Lodi 221 W. Pine Street P.OBox 3006 Lodi, CA 95241 Re: Notice of Redevelopment Plan for the Lodi Community Improvement Proj ect ("Proj ect") and the Certification of a Final Program Environmental Impact Report for the City of Lodi, CA ("City") Dew Sir or Madam: Union Pacific Railroad Company, a Delaware Corporation ("UP'), is delivering this letter regarding the above Project. It appears from the plans furnished that the Project is in the vicinity of UP's Fresno subdivision which has an average of 32 trains over a 24-hour period and the Woodbridge Industrial Lead. Accordingly, UP wishes to raise the following issues. Development near UP rail lines can negatively impact rail services and create unintended consequences that are in neither UP's nor the (ity`sbest interests and will attract more vehicles and pedestrians to the areas around the UP rail lines, and people may trespass onto rhe railroad right-of-way as well. Any property acquisitions or improvements near UP rail lines may require fencing or other improvements with the costs to be paid for by the City. In addition to the obvious safety concerns of which UP remains vigilantly aware, these factors also have the result that trains may be forced to proceed more slowly through the City, and/or to make more frequent emergency stops, which malaes rail service less effective and efficient. In the event of train slowdowns or stoppages, train cars may be forced to block at -grade roadway intersections, causing traffic disruptions. The City should examine the impacts associated with the increased vehicular traffic across the UP rail line. Any necessary Iddtigatim of these impacts through crossing improvements or grade separation would have to be at the cost of the City. Any changes to existing crossings will need the approval of both UP and tte PUC with all costs going to the City. UMON PACIFIC RAILROAD 1400Iveg1as$trmt STOP1580 Omaha,NG68179-tS80 fx.(4021501-0127 MQY 28 2008 12 51 FR UPRR OMAHA L.AW DEPT 402 501 0399 TO 912093336807 P. 03/03 City ofLodi May 28, 2008 Page 2 Please givc notice to UP of all future developments with respect to the Project as follows: Mr. Tim Smith Manager of Industry and Public Projects Union Pacific Railroad Company 9451 Atkinson Street Roseville, CA 95747 Ms. Donna Coltrane Union Pacific Railroad Company 1400 Douglas Street - STOP 1580 Omaha, Nebraska 68179-1580 Please do not hesitate to contact the undersigned if you have any questions or concerns. Sincerely, 4'fe'f Gerard Sullivan General Attorney cc: Mr. rim Smith Union Pacific Railroad Company ** TOTRL PAGE. 03 ** R ECEIV ED ProtestAninst; 200F MAY 28 PH 12= 04 An ordinance of the City Council of the City of Lodi approving and a#*4�� redevelopment plan for the Lalli community improvement project. Citizens Opposed to A Redevelopment Aaentv and the FEtR To the Lodi City Council. Our ad hoc group of concerned Iah Citizens categorically reject the adoption of a Redevelopment Agency (RA) by the Lodi City Council. We object to the proposed project and the final program Environmental impact Report, and any council reliance on the GRC Consultant's Report. Furthermore, we strongly object the proposed project area map as it has undergone a series of gerrymanders that now includes the southern extension of Hutchins Street and a large apartment complex that requires extensive police presence. This new stretch of the project area, even though a far distance from the "east side" was done to show high crime (See GRC report 8.8 High Crime Rate, PG 97). Does this high crime rate justify the need for a RA? The projected area map shows a number cf isolated areas within the projected area map that have been removed from the original map. We submit that the proposed RA map is invalid u nti I each of these changes is explained by the person or persons who made the changes. These changes include any current and future changes. We hold that there is not sufficient physical blight in the proposed project area to j ustify a RA. The City of Lodi hired the GRC Consultants to compile a fictitious report to falsify the elements of blight, crime and as many other social and municipal failures as they could think of, all the mesh into the California Community Redevelopment Law. For a large lee GRC or another con siitttaa will falsify blight, where there is none. Therefore, GRC report (7.OSocio-Economic Profile, and 8.0 Physical and Economic Conditions, pages 23 and 24) is erroneous. The proposed area is economically vital experiencing public and private investments. 'I-hecitizens living in the proposed are make up a young homogenous community. The residential homes are starter houses, serving as the affordable housing. Inspections of the project area show that these homes are being upgraded. The GRC report failed to show that these homes are currentlyheing upgraded. Furthermore, small stores are also starter bL sinesses with a multinational diverse population thriving from extensive new investments in the area and do not need to be redeveloped. Contrary to the CRC report the proposed project area (the east side) is composed of a healthy blend of foreign born Hispanics, Middle Easterners, and EiL' Easterners all living in a healthy community. This society is not a burden on the remainder of the City of Lodi; it is in turn very successful and thriving. This group of citizens may have different mores, customs, colors, foods, signs, clothing, and religion; however, the GRC completely missed this element and presented the Lodi City Council an invalid report. Not included in the GRC report is the existence of six well kept schools in the project area. The success of the education system in the project area will suffer and be denied i'anding by these. divisions. The GRC report in section 8.8, failed to address the Lodi Police Department report of May 13,2008 showing that crime and gang activity in the area is decreasing. Fu 1her ore, in and about the corridors of the proposed project area, new construction is now underway on Lodi Avenue, Kettleman Lane, and L ockeford Street. ►PA The California Community Redevelopment Law (CRL) at Health and Safety Code sections 33030 and 33021 list several requirements that must be satisfied in order to create a projeo area: (GRC Consultants €eporc to City Council, pg 109) The proposed uroiect am; 1. the area must have at least one of: a. Physical Blight ................................ ............................None Present b. Economic Blight......................................................... None Present 2. Blight must cause a lack of proper utilization of area.......................None Present 3. Improper Utilization is a burden in entire community ........................ None Present 4. Lack of private investment in the area..............................Lots of new investment 5. Must have a RA to correct........................................................ Not Needed This Score Card shows some of the current conditions in the project area, the City if Lodi does not need a Redevelopment Agency. A Redevelopment requires that a portion of its revenues be spent on affordable housing. There is already more affordahle housing in the proposed project area than any other place on the City of Lodi. The Project Area (PA) had more schools than any other area in l,odi (l.,odi Adult School, Joe Sema Charter School, Lawrence Elementary School, Heritage Pnmary School, Lodi Academy, and Lodi S.D.A Elementary School). • The PA has more well maintained churches than any other are i n Lodi, • The PA has a Moslem Mosque. • The PA has a Buddhist Temple and Hall. • The PA has a Boys and Girls Club. • The PA has multiple, well kept soft -ball diamonds. • The PA has Zuppo Field. • The PA has .DeBenedetti Soft Ball Field. 3 • The Pa has the Grape and Wine Festival Grounds, • The PA has four parks: Hale Park, Armory Park, Lawrence Park, and Blakely Park. • The PA has a new parking Garage (North Sacramento Street and East Pine Street). • The PA has the new Transportation Center (Sacramento and Oak), • The PA has a new Pharmacy (Lodi Pharmacy on Cherokee Lane). • The PA has the very successful Rancho S an. Miguel Market (Cherokee Lane). • The PA has new constructions s i tes throughout the project area. In summary, we, the concerned citizens of Lodi opposed to the proposed project, the 11 -SIR, all actions of the Lodi Planning Commission in Certifying original and amended project am maps. We also reject in its entirety the willfully deceitful GRC consultant report to the City Council 5128/2008. Finally, the clear purpose of this proposed redevelopment project are i s to divert future tax increment revenues from new construction in violation of state law court decisions. 11'Z- c M -7)nrf 5 -- / 0,fir' ,941 9 � � PZ 4 RECE I 1v EM NO on REDEVELO MLV*f 211111:17 CITY OF LORI Lei, Wake up! Why do we need the Redevelopment Agency to tdl. Lodi how to go into debt? The RSA will have the power to sell bonded debt without any voter approval. Our Lodi Council is in debt $200 wil'lion dollars on loans. The T million worth of electric utRy bonds will jump to $64.3 million to get fixed rate on interest Expect an increase of 5 percent for your electricity by 2010. Ile RDS. wig beadft the shots for 40 years, It will have a deft ceffing Qf n $400. million dollars, it is a separate state agency firon LoM Government. When tate consultant's Mindings of bight are cer t , a law firm. is retained to draw up the paperwork & to defend Inst any legal challenges, Then the bond broker can start borrowing. Lodi City Council has spent S300 ,thousand for the Redevelopment Agency to f nd blight. art -Lodi does not think the map RDA shows is 1000/6 blighted. It's tine for Ladi, registered voters to be able to write No on Redevelopmmt May 28`x, 2008 To: City Council 8- I 2003 MAY 2 8 PM I: IS er OF L0[J1 R.e: Written concerns regarding the Ordinance of the City Council of the City of Lodi Approving and adopting the redevelopment plan for the Lodi Community Improvement project. Ch.e project does not address the double dipping of using RDA funds and the estimated S 15.00 on city utility bills for Water and Sewage infrastructure replacement. The project language states. "improve project area public infrastructure system & provide a range of public infrastructure improvements", If ISA is paying forthe infrastructure than how will a refund of the money's taken by the city from L►%.City users be mitigated or refunded to the rate payer? ]-his appears to be a clear case of double taxation. If I am already paying: for infrastructure replacement than this RDA infrastructure improvement would appear to be only an excuse, to have an RDA project. With all the public pmjects proposed within this Plan, how will the debt he paid off when public entities don't pay taxes or have tax increments? The plan does not define with detail an income generating project. One of the mitigations to the vacant businesses in the EIR for the Super Wal-Mart was the RDA. The RDA would finance the remediation of blight, vacant businesses and derogation of neight� orhoods from a Super Wal-Mart being built in Lodi. If the Plan is overturned with a re ferendu n. will this stop future big box developments? Please indicate these concerns in the public record of this drag ordinance. Ian requesting that Council reject the ahove named, proposed ordinance. Respectful y, E: I r NOTICE OF OPPOSITION TO. !- AN ORDINANCE OF THE CITY COUNCIL OF THE CITE A$M PI,j I. 34 APPROVING AND ADOPTING THE REDEVELOPEMENT PLAN FOR `THELODI COMMUNITY IMPROVEMENT PROJECT.r C! 'r OF Li Forming a RDA is nothing new. There are so many communities in California involved with. RDA's that their combined debt is now a st4pring $8l Billion. Some of these communities are in so deep they can barely hold their head above water. Some, I an to 1.d, may be drowning. When the Lodi City Council last tried to implement this RDA idea, cor).cerned citizens signed a petition in sufficient numbers that the matter was dropped. That council understood the meaning of no. This one decided what they want to accomplish for there own reawns and do not take no for an answer. They simply try again. This time, in order to get mare people behind this proposition the council has resorted to making promises to many interests to get more approval. The information is deliberately vague and without a cost figure. At the fast meeting I attended, Mr. Blair King, when pressed for particulars stated, "We have bete a theoretical. scenario." He tried to make it sound wonderful. He was telling us the absolute truth when he referred to all the information he was giving us as theoretical. rhe truth is in the dictionary meaning of the word theoretical. Theoretical means; conjectural (surmised - as opposed to fact), hypothetical, speculative, and suppositional, (opinion, guess. suspicion). The truth is in the reality that a RDA, by law, cannot exist unless it incurs debt. It is a debt machine. We can not pay our debt now and they want to create a bureaucracy that has the power to borrow and put us even further h debt for longer than many of our life expectancies. I am expected to live within my means. If I have spent my income I do not reach for a credit card to create an even bigger problem for tomorrow We want our leaders to let our town live within its means and quit squandering large sums of city money that it can not afford in order to gain their own ends. P -- oi)Is�,s' B ow I May 28,2008 RECE(D' MR MAY ZS PH 1: I To: Lodi City Council C1TY C3F I,pOi Re: An Ordinance of the City Council of the City of Lodi Approving and Adopting the Redevelopment plan for the Lodi Community Improvement P-rof tet• Fhe project speaks of using RDA funds for ground water contarnination. clean up. However, rate payers of Lodi are already paying $10.50 on their utility bill for this clean up. 1 -herefore, this! s another example of double taxation and an excuse to create an KDA project that is already being corrected though other means of taxation. How will the City of Lodi refund the rate payers PCI? FCE ground water contamination since RDA funds will pay for future clean up? Fhe plan indicates eliminating blight conditions through improvementsto appeamnee and attractiveness o f residential neighborhood through neighborhood improvement programs, code enforcement efforts. However, Lodi's code enforcement has not been funded nor has it used the power o f rhe law or fines to improve any deteriorated conditions in Lodi. What will be differem about code enforcement in an RDA if code enforcement couldn't clean up blight with the law & fines at there disposal for the past 2 years? With the passing of proposition 98 or 99 how will that affect the current RDA project? Please indicate these concerns in the public record of this draft ordinance. i aan requesting that council reject the above name ordinance. Respectfully, r- 3 C 19 1!) to i JOINT PUBLIC HEARING OF THE LODI CITY R E C F l r 0 COUNCIL AND THE LODI REDEVELOPMENT ACFmWY2g � ; �. `,6 ON THE PROPOSED PLAN FOR THE IMPROVEMENT PROJECTAND CERTIFICATION OF A FINAL 0 LUDI ENVIRONMENTAL IMPACT REPORT WEDNESDAY May 28,2008 The Eastside of Lodi is not "blighted". It is as strong physically as the Westside. It is growing with new construction. Just recently a new drug store opened on Cherokee Lane. To red -tag the Eastside as "blighted" is not only dishonest, but contrary to State Law. Cn average residents are younger, making this a vibrant part of Lodi. The courts of California have repeatedly declared such project areas to be illegal. They are illegal because they attempt to steal future property tax revenues from local schools and county services without being a truly "blighted" area. You should be ashamed cf yourselves. This is a wholly dishonest use of redevelopment law. Respectfully, John Talbot 800 Maplewood Drive Lodi, Ca 95240 Hand Delivered May 28th, 2008 To Lodi City Clerks Office 3- I ERRATA MEMORANDUM FST TO CITY COUNCIL ON THE LODI COMMUNITY IMPROVEMENT PROJECT The following non -substantive errors were discovered in the Report to City Council on the Lodi Community Improvement Project. The Table of Contents does not match the text. This 's correct, and the Table of Contents should be changed to read as follows: Chapter 11.0, Five Part Test, change Page 104 to Page 109. Chapter 16.0, Report and Recommendation of the Planning Commission, change page 157 to page 155. Chapter 18.0, Report Required by Section 65402 of the Government Code, change page 213 to 215. List of Figures - remove reference to figures on pages 112, 113, 114, 115, 116 and 117. Appendix D - Cover page - Change "Environnental"to "Environmental". Tables 5 and 7 reference GRC Redevelopment Consultants. The source should be GRC Redevelopment Consultants based on San Joaquin County Assessor's data, 2007. Page 74, third paragraph, paragraph should read, "Overall 611 parcels (19% of all privately owned properties)were found to be of irregular shape and/or see under multiple ownership." RESOLUTION NO. RDA2008-04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LODI APPROVING AND TRANSMITTING ITS REPORT ON THE LODI COMMUNITY IMPROVEMENT PROJECTTO THE CITY COUNCIL OF THE CITY OF LODI WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") has prepared a Redevelopment Plan for the Lodi Community Improvement Project (the "Improvement Plan") in compliance with the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.; the "CRL"); and WHEREAS, Section 33352 of the CRL states that every redevelopment plan submitted by a redevelopment agency to the legislative body shall be accompanied by a report on the plan: and WHEREAS, the Agency has prepared its report (the "Report to the City Council") as required by law NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lodi as follows SECTION 1. Pursuant to Section 33352 of the CRL, the Agency has prepared its Report to the City Council for the Lodi Community Improvement Project, submitted under separate cover and made a part hereof by this reference. SECTION 2. The Agency hereby approves its Report to the City Council on the Lodi Community Improvement Project. SECTION 3. The Executive Director of the Agency is hereby authorized and directed to transmit the Report to the City Council to the City Council. SECTION 4. The Secretary shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Dated: May 28, 2008 hereby certify that Resolution No. RDA2008-04 was passed and adopted by the Members of the Redevelopment Agency of the City of Lodi in a special meeting held May 28, 2008, by the following vote: AYES: MEMBERS — Hansen, Johnson, and Katzakian NOES: MEMBERS — Mayor Mounce ABSENT: MEMBERS — None ABSTAIN: MEMBERS— Hitchcock RANDI JOHL Secretary RDA2008-04 Lodi Community T `$ Improvement Project °�F o�P Lodi City Council/RDA May 28, 2008 bdi Community Improvement Project Public Hearing to consider: • Resolution certifying EIR • Resolution finding that LCIP will benefit housing needs of low- to moderate - income residents • Introducing ordinance adopting plan for the LCIP di ri rn w n ty improNip.0mpri t. Proi eao cot :-�•��or-ll@FiiTi 3URC-11 shoLlld adopt tyre LCIF di Community Improvement Project Project area: • Roughly 2,000 acres • Most of Lodi east of Sacramento Street • Commercial corridors on Cherokee and Kettleman lanes, Lockeford, Pine and Main streets, Lodi and Central avenues, Victor Road bdi Community Improvement Project Financial projections • $242.1 million for low- and moderate - income housing ($52.2 million present value) • $599.5 million for public improvements and economic development ($136.3 million present value) di Community Improvement Project Why? • Expand job opport stimulating growth economy unities by and a strong • Reconstruct streets, sidewalks, alleys, storm drains, water and wastewater infrastructure • Enhance the appeal of east -side neighborhoods as a place to live ` - di Community Improvement Project This plan ... • No eminent domain • Provides maximum flexibility • Provides housing assistance • Provides job -creation tools • Allows, but not does require, bonds • No additional land -use controls • Uses tax increment revenue with collection ending after 45 years bdi Community Improvement Project A funding source for: • Replacing deteriorating infrastructure • Replacing residential water meters • Housing assistance • Public facilities • Stimulating investment,, jobs • Funding soil/groundwater cleanup • Graffiti abatement bdi Community Improvement Project Public outreach • City Council meeting in Project Area • Publications in English,, Spanish, Urdu • 19 meetings with city agencies or community groups • Two citywide newsletters • Prominent on www.lodi.gov bdi Community Improvement Project Addressing community concerns • Greater share of Lodi tax dollars stay in Lodi for local benefit • More local control • No change in tax assessment methods • RDA composed of elected officials • Issuing bonds not required • Willing seller, buyer needed for sale • No new land -use rules • Does not affect property rights • Faster appreciation of property within Project Area vs. outside di Community Improvement Project Ernie Glover, GRC Redevelopment Consultants Project Area characteristics, EIR di Community Improvement Project Don Fraser, Fraser & Associates Tax increment projections., consultation with taxing entities di Community Improvement Project Lodi Redevelopment Agency Adopt resolution transmitting report on the Lodi Community Improvement Project to the City Council PROOF OF PUBLICATION (2015.5 C.C,C.P.) STATE OF CALIFORNIA County of San Joaquin 1 am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested i a the above entitled matter. I am the principal Berk of the printer of the Lodi News -Sentinel, a i ievvspaper of general circulation, printed and published daily except Sundays and holidays, in the City of Lodi, California, County of San Joaquin afld which newspaper had been adjudicated a IIe-wspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which Lhe annexed is a printed copy (set in type not -,hailer than nonpareil) has been published in ;Icl> regular and entire issue of said newspaper Ltnd not in any supplement thereto on the following ..lates to -wit: April 30th, May 7th, 14th, gist, Il in the veal' 2008 L:ertify (or declare) under the penalty of perjury iiaL the foregoing is true and correct. )Aed at Lodi, Californi this 21st day of yq MF 2008. Signature This space is for the County Clerk's Filing Stamp Notice of Joint Public Hearing of the City Council of the City of Lodi and the Redevelopment Agency of the City of Plan for the Lodi Community Improvement Project and the Certification of a Final Program Environmental Impact Report Prepared in Connection Therewith R$NICE OFA HEAPING OF THE CITY COUNCIL OF THE CITY OF Lpgl AND THE IW:nEVELOPMENT AGENCY OF THE CFrY OF LODI ON THE PROPOSED REDEVELOPMENT Wh FOR THE LOD CUKt6fUN TV MPROVEMENT PROJECT AND TdF CERTIFICAT 4h OF A SII PROGFIArt ENVIRONMENTAL IMPACT REPORT PREYARFO IN CONT FCT Or, TKEREW n IOTiCE IS HEREBY GIVEN that the City CROW of the Cry of Lodi (the "City Council") and th iedevelopment Agency I# the City of Lodi trhe "Agency'} will hold a Whit pobtlic hearing an Iffy propose edevelopment Plan for rhe Lodi Community Improvement Proiecl t"the Pfq uer) and the Final l?rograi nvironmeniatimpact Repo-..,�_ rr owmm.inopublicheaririqll behel t the followinq and ptac$ fi y ```zs: zaae CNyitsinbers, i;ep1(rt.h;NesE Pfnti Street, Lola, California 95240 rgjeriArg31". in a red eafth A fety Go( an :the aoeompanyir e of charger in. the G mditrons in.Ihe pr Dr, otexisting prof of low and mode ,authority Enr.tba AnAnev In -,h -g real property in the Projgct Area, b tate lawrequires that the 906evOioPtnent Plan be inconformance rrtt the Lodi General Plan On Apr 3, 2Coa, the Lodi Planning Cowrrmrssxsn considered the Redevelopment Plan and found it in conformanc, consistent with the City's General Plan Pity, r r testimony for and aq}aJast the p At{ Tian? yang gpy "ctlop to tlj4 propos a rity,�i: Vmy . and be haatd and m r l Ft=if%.ce . If you wish to challeh 4 die in aatrt gg unle@s ytxi ect,.to-t or g Atthe)ottitp mtmari o� F to , r Itr yeiMW heatmg. Further, in e lliyou bs limited to raising o Nt1a8e ii311 p417 td s� at desoil this notice, or in writ) o- acrd 1d dbiivorod tole . at 4� .tt j�+int pulilie fteerfdg, The jxo�osed Prole reia► " at thei�lsrk's Office:�n Lodi G H4tt: T?ta:l. '9 yPfe (3ity O. posed Protf:vlt':pe'available at the C Glerk's t3ltice'in .City f tf 1r5 ifdd 8f pit., pek: ; L;ttdi, California 95246 on or about May 20Db: GIVEN BY Okm "*i0ithe fes'. Courtin efut f rept "cy of the City c Lodi. Aprtt a0. May 7 �!k C,Ir 2008 r declare) under the penalty of perjury regoing is true and correct. Ai, California. this 21st day of i ..........X: ................. Signature