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HomeMy WebLinkAboutAgenda Report - August 1, 2018 Public Comment (4)couple of Police Officers and the Watch Commander and she installed cameras at the property, both of which have been extremely helpful. She thanked the City for the assistance. Ms. Lehr -Lee further requested an official City update on where it is on increasing the police force and ensuring adequate staffing levels, adding that a sales tax increase will not improve the situation if the City cannot hire officers. Jerome Bauman, homeless Veteran, repeated his request from the previous meeting that the City form a consortium made up of Council Members, citizens, business owners, and homeless individuals to work together on solutions to the homeless problem. Matt Blansett described his experience in recently becoming homeless in Lodi, stating he has no family or friends to turn to and that it is difficult to locate and connect with available resources. He stated he will continue to be the eyes, ears, and voice of the homeless and about life in the park and hopes others try to see all sides of the situation, not only their own. Mark Armstrong encouraged Mr. Blansett to connect with the Homeless Liaison Officer Richard Dunfee who could likely help him. Further, he submitted (filed) a number of questions from Take Back Lodi members relating to the homeless situation and the sales tax measure and stated the group continues to work with many City departments, as well as Officer Dunfee, on efforts to address the homelessness issue. Mike Lusk submitted (filed) an addendum as clarification to the claim he submitted at the last meeting relating to the water utility enterprise and the transfer of funds between the water and fire impact mitigation fee accounts. In addition, he expressed support for the sales tax measure based on the fact that both residents and non-residents will contribute toward services they utilize and that people can use their own discretion whether to buy high taxable items versus rate payers who have no say in paying increases on their utility bills. City Manager Schwabauer provided responses to comments regarding Police Department staffing and creation of a multi -faceted committee on homelessness and provided answers to questions from Take Back Lodi. Council Member Chandler further expanded on the tourism aspect of Lodi that will generate new retail tax dollars, and Mayor Pro Tempore Mounce encouraged the public to vote for Lodi for 2018 Best Choice Travelers award at www.10best.com. E. Comments by the City Council Members on Non -Agenda Items Mayor Pro Tempore Mounce announced there has been a transition of leadership at the Lodi Hill House and, while it is still open on Sundays as a museum, it underwent significant upgrades and now serves as a bed and breakfast. She encouraged everyone to visit the improved Hill House. Mayor Pro Tempore Mounce also reported there are two locations in Lodi that offer cryotherapy and recommended the treatment because after trying it she left with more energy and less pain. Further, in response to an earlier speaker regarding damage to property by the homeless, she stated her family is experiencing similar issues at their property in town and she understands her frustration. Council Member Kuehne reported that he was appointed to RISE, a County committee that focuses on new technology including technological infrastructure, transportation, medical, and streamlining government policies. F. Comments by the City Manager on Non -Agenda Items None. G. Public Hearings G-1 Cancel Public Hearing to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01 for Public Improvements Constructed with Lodi Shopping Center (PW) 6 LODI CITY COUNCIL LODI CITY MANAGER AUGUST 1, 2018 FULA b,1M-L- O-1-\ .+ ui THIS IS AN ADDENDUM TO MY CLAIM OF JULY 18, 2018 FOR DEFAULT ON INTERFUND LOAN FROM WATER IMF TO THE FIRE IMF FUND FOR FIRE HOUSE 4. MAKE THESE PAGES 1A -3A AND INSERT AFTER PAGE 1 AND BEFORE PAGE 2. THIS IS ALSO IDENTIFIED BY CITY OF LODI AS CLAIM NUMBER 18-39 WATER UTILITY ENTERPRISE. THIS IS A CLAIM ON BEHALF OF THE CITIZEN RATE PAYERS OF THE LODI WATER UTILITY ENTERPRISE. CLAIMING THE IMMEDIATE REPAYMENT OF THE AMOUNT OF PRINCIPAL MONEY BORROWED FROM THE IMPACT MITIGATION FEE WATER FUND WITH THE INTER FUND TRANSFER TO THE IMPACT MITIGATION FEE FIRE FUND TO BUILD FIRE STATION NUMBER 4 ON LOWER SACRAMENTO ROAD IN 2001. ALSO CLAIMING THE ACCRUED INTEREST ON THIS LOAN, FROM ORIGINATION UNTIL IT IS FULLY PAID BACK TO THE WATER IMF FUND. ADD: THIS WAS CLASSIFIED AS AN INTERFUND LOAN BY THE CITY OF LODI. REFER TO REGULAR COUNCIL MEETING MARCH 7, 2001, AGENDA ITEM RESOLUTION H-2, AWARDING CONTRACT FOR FIRE STATION #4 BOTTOM OF PAGE -FUNDING -ASTERISK NOTE: "THIS EXCEEDS THE FIRE IMF FUND BALANCE; INTERFUND BORROWING AS PROVIDED IN IMF ORDINANCE WILL BE DONE". ALSO NOTED ON ACTUAL RESOLUTION NO.2001-61. REFERENCE MY CLAIM PAGES 20, 21 AND 22. REFENENCE MY CLAIM PAGE 31. REGULAR COUNCIL MEETING DECEMBER 12, 2002, AGENDA ITEM I-1 IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT. Page 1A of 3 REFER TO THE DISSCUSSION BETWEEN COUNCIL AND WALLY SANDLIN—CITY ENGINEER—SECOND PARAGRAPH—HE EXPLAINS THE TRANSFER OF FUNDS FOR FIRE STATION #4 AS AN INTERFUND TRANSACTION. NOTE LAST PARAGRAPH BOTTOM OF PAGE 31. THERE WERE ADDITIONAL COMMENTS ON PAGE 32. REFER TO MY CLAIM PAGE 34 AND 35. EXCERPT FROM COUNCIL MEETING APRIL 14, 2004, AGENDA ITEM B-1, SEC 4, PAGE 35. WHEREIN IT INDICATES FUNDS TRANSFERRED FROM WATER IMF AS AUTHORIZED IN PARAGRAPH 15.64.030 OF THE CITY MUNICIPAL CODE AND AB1600 AND RESOLUTION 2001-61. MIKE LUSK NOTE: State of California GOVERNMENT CODE Section 66006 ALSO APPLIES. REFER TO MY CLAIM PAGE 44. EXCERPT FROM CITY OF LODI NOTES TO BASIC FINANCIAL STATEMENT (CONTINUED) JUNE 30, 2003— MIKE LUSK NOTE: State of California GOVERNMENT CODE Section 66001 AND 66006. FEES COLLETED FROM DEVELOPMENT ARE TO BE PLACED IN SEPARATE DESIGNATED FUND UNDER THE MITIGATION FEE ACT. i.e. WASTEWATER, WATER, FIRE ETC. EACH FUND IS A STAND ALONE FUND AND UNDER SEC. 66006 AND 66006 (G) FUNDS TRANSFERRED FROM ONE ACCOUNT TO ANOTHER IS AN INTERFUND TRANSFER. SEC. 66006 TAKES PRECIDENT IN THE MANNER IN WHICH THE FUNDS ARE HANDLED AND INTEREST CHARGED ON THE INTERFUND LOANS BETWEEN THE IMPACT MITIGATION PROGRAM. HOW THE CITY OF LODI REPORTS THESE FUNDS ON AN ANNUAL CITY FINANCIAL REPORTING IS SECONDARY AS TO WHETER THE LOAN IS REPORTABLE AS A DEBT OF THE CITY. IN FACT THE DEBT IS THE RESPONSIBILITY OF THE DEVELOPER ALONG WITH THE INTEREST THROUGH THE IMPACT FEE SCHEDULE OF THE FUND THAT BORROWED THE FUNDS. Page 2A of 3 IT IS THE CITYY'S RESPONSIBILITY TO SET THE APPROPRIATE IMF FEES TO PROTECT FUND BALANCES. TO INSURE THE FUNDS ARE ADEQUATE AND SECURED AND RETAINED WITHIN THE INDIVIDUAL FUND, TO PROTECT AGAINST DEFICITS WHICH MIGHT REQUIRE INTERFUND LOANS AND NOT BORROW FUNDS THAT ARE REQUIRED TO PAY FOR CAPITAL INFASTRUCTURE CAUSED BY NEW DEVELOPMENT FROM THAT FUND. Respectfully Mike Lusk 2518 Colony Dr. Lodi, Calif. Page 3A of 3 MF loans Subject: IMF loans From: Steve Schwabauer <sschwabauer@lodi.gov> Date: 7/23/2018 11:02 AM To: 'Mike Lusk' <mclusk@softcom.net> CC: Steve Schwabauer <sschwabauer@lodi.gov> Mike: I meant to respond to your concerns on the IMF loan from water IMF to Fire IMF but forgot in all the clamor last week. My apologies. The IMF legislation you cited, applies only to "interfund" loans, such as from an impact fee fund to the general fund, "interfund loans shall include the date on which the loan will be repaid and the rate of interest that the fund will receive on the loan". Government Code Section 66013. The loan in question is an "intrafund" loan because both receivable and the payable are in the same Impact Fee Fund and not subject to the requirement. Hope you had a great weekend and appreciate the opportunity to respond. Steve of 1 8/1/2018 9:18 AM