HomeMy WebLinkAboutAgenda Report - January 16, 2019 H-01TM
AGENDA ITEM Irani
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Consider Adopting a Resolution Authorizing City Manager to Execute a
Reimbursement Agreement with Anthem United Perrin Ranch, Limited
Partnership for Annexation Entitlement Processing and Environmental
Review Services for the Proposed Perrin Ranch Project at 1890 East Harney
Lane
MEETING DATE: January 16, 2019
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Consider Adopting a Resolution authorizing City Manager to execute
a Reimbursement Agreement with Anthem United Perrin Ranch,
Limited Partnership for annexation entitlement processing and
environmental review services for the proposed Perrin Ranch project at 1890 East Harney Lane.
BACKGROUND INFORMATION: The City of Lodi has received a land use application request
from Anthem United Perrin Ranch, Limited Partnership
for annexation entitlement processing and environmental
review services for the proposed Perrin Ranch project at 1890 East Harney Lane The proposed
project includes an annexation, municipal service review, General Plan Amendment, pre -rezone
and master development plan for the property.
The proposed project site is located within Phase 1 for anticipated growth areas per General Plan
Chapter 3 — Growth Management and Infrastructure. This area is anticipated as one of the first
new growth opportunities. Attachment 1 includes land use visioning documents prepared by the
applicant.
The property is not within the Lodi city limits. The City Council must provide direction on how to
proceed with this application request. The Council ultimately has discretion on whether an
annexation application is processed and whether the property is annexed to the City.
The land use entitlement for this project will require the preparation of annexation application,
Municipal Service Review, General Plan Amendment, Pre - Rezone master development plan and
an environmental document consistent with the California Environmental Quality Act. This project
is not exempt from environmental review. The project applicant is required to pay for complete
processing of this application and cover all staff and consultant costs.
As part of the proposed application, staff has prepared a Reimbursement Agreement with Anthem
United Perrin Ranch, Limited Partnership, the project applicant, for the cost of the project
review, master plan development, annexation processing, document preparation and
environmental review. This agreement ensures that all project costs are born by the applicant.
Anthem United Homes, Perrin Ranch, Reimbursement Agreement
January 16, 2019
Page 2 of 2
FISCAL IMPACT:
FUNDING AVAILABLE:
No Impact
The Reimbursement Agreement ensures that funding is available to
pay for the costs generated by the proposed project.
Andrew Keys
Deputy City Manager/Internal Services Director
Txr A k-
Steve chwabauer
Community Development Director
Attachment 1 — Perrin Ranch Visioning Documents.
Attachment 2 — Reimbursement Agreement
VICINITY MAP
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Perrin Ranch —1890 East Harney Lane
CONCEPTUAL SITE PLAN
PERRIN RANCH
CITY OF LODI, CALIFORNIA
MARCH 2018
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PROJECT SUMMARY
LAND USE
UNITS
ACTIVE ADULT
45X102'
50'X102'
601X102'
128
227
83
SUBTOTAL
MARKET RATE
45' x 100'
50' x 100'
60' x 100'
438
98
113
92
SUBTOTAL
303
TOTAL
741
15'
Landscope Corridor
12'
/ Bike I Travel
/ Lane Lane
17
40.
Trove)
Lane
/
8'
12'
17
a'
Travel -I Travel
Lane Lane
Bike
Lane /
c_
110'
15'
10'
Landscape Corridor
Harney Lane
110' STREET SECTION WITH ICY ADDITIONAL R.D.W. (LANDSCAPE CORRIDOR) ALONG SOUTH SIDE
NOT TO SCALE
20'
27 TO 26'
27TO26'
RIW
Addilionol
Proposed
20
Landscape Corridor
84' TO 97
R/W
Minor and Major Collector
Landscape Corridor
R/W
84' TO 92' STREET SECTION WITH 20 WIDE LANDSCAPE CORRIDOR AND 5' WIDE SIDEWALK
NOT TO SCALE
18'
17'
IT
17
Landscape Corridor
70'
Landscape Corridor
R/W
Active Adult Entry Road
70' STREET SECTION WITH 18' WIDE LANDSCAPE CORRIDOR AND 6' WIDE SIDEWALK
NOT TO SCALE
J
Walk
4
50'
Walk
R/W
Minor Residential Street (Public)
R/W
RIW
50' STREET SECTION
NOT TO SCALE
Walk
41'
Walk
RIW
'••;.• Minor Residential Street (Private)
41' STREET SECTION
NOT TO SCALE
rl
RIW
.15 Wide Canal Parkway
1B'
18
/
Walk
43'
/
R/W RIW
Minor Residential Street (Adjacent to 75' Canal Parkway)
43' STREET SECTION
NOT TO SCALE
DEVELOPING INNOVATIVE DESIGN SOLUTIONS
4670 WILLOW ROAD 5TE 125 TEL 925.847.1 556
PLEASANT❑N, CA 94588 FAX 925.847.1 557
J: \Jobs\3543.Perrin Ranch\PerrinRanch_OA\Pianning\Studies\Site Plan 04.dwg 3/28/2018 10:46 AM Katie Caradec
ANTHEM UNITED
APPLICATION REIMBURSEMENT AGREEMENT
This Perrin Ranch Annexation Application Reimbursement Agreement
("Agreement") is made the 19 day of December, 2018 by and among the City of Lodi, a
municipal corporation, hereafter referred to as "CITY", Anthem United Perrin Ranch,
Limited Partnership, hereafter referred to as "DEVELOPER", collectively "Parties".
RECITALS
A. DEVELOPER wishes to seek the annexation of certain real property to the
City of Lodi, for the purpose of future development. CITY intends to provide thorough,
complete, and professional review of DEVELOPER's various land use applications. In
order to provide such thorough, complete, and professional review, CITY intends to
supplement its existing staff with qualified adjunct staff secured via a consultant services
agreement. DEVELOPER agrees to reimburse CITY for all its expenses related to the
thorough, complete, and professional review of DEVELOPER's various land use
applications including but not limited to contracting with outside vendors as provided in
this Agreement.
B. The property proposed for annexation is shown on Exhibit "A" which is
attached hereto and incorporated herein by this reference (the "Property").
C. State Annexation Laws and City policies and procedures require
comprehensive area -wide master planning or all of the area proposed for annexation as
currently proposed and as planned for the future. CITY seeks to obtain said comprehensive
area -wide master planning by updating relevant annexation and infrastructure master plans
("Master Planning"), and through the preparation of detailed design and development
guidelines, and a project specific development plan ("Development Plan").
D. Said Plans will require an Environmental Impact Report ("EIR") to
determine the environmental impact, if any, of the proposed Master Planning and
Development Plan.
E. The Parties contemplate that they may enter into a later development
agreement regarding the construction of the proposed development pursuant to the
authorities set forth in Government Code Section 65864 et seq. However, the Parties
acknowledge that this Agreement is not a development agreement, and does not commit
them to enter into a development agreement at some later date or provide any land use
entitlements.
F. CITY's policies and procedures require that DEVELOPER bear the full
cost of processing the annexation application, including any Master Planning
preparation of the Development Plan, all environmental assessment work and
documentation, all payment of CITY and the Local Agency Formation Commission
("LAFCO") application fees, all CITY staff time associated with the processing of the
application, and all outside consultant services required for the processing of the application
(collectively "Project"). Subsequent preparation of a development agreement and the costs
associated therewith are not included in this Agreement.
G. The Parties further acknowledge that the California Fair Political Practices
Act requires that DEVELOPER have no direction or control over the response times,
selection, supervision, activities, recommendations or decisions of any outside consulting
services retained by the City.
AGREEMENT
NOW THEREFORE in consideration of the mutual covenants made herein, and
other good and valuable consideration, the receipt and sufficiency of which the parties
hereby acknowledge, the Parties hereto agree as follows:
1. Recitals True and Correct. The Parties agree that the Recitals contained
hereinabove are true and correct.
2. Expense Reimbursement. CITY will engage outside consultants and in-house
staff in its sole discretion to perform the legal, environmental and planning services necessary
for the Project. DEVELOPER will reimburse CITY for all in-house and consultant costs
associated with the Project. In-house costs will be billed based on a position's Fully
Burdened Hourly Rate (FBHR) calculated as the position's hourly salary and benefit rate plus
an indirect cost rate billed in 1/4 hour increments. The Fiscal Year 2018/19 indirect cost rate
for Public Works is 38.66% and the indirect cost for planning staff is 80.56%. Current
billable rates including the indirect cost rate are included in Exhibit A of this agreement.
FBHR are effective through current employee contracts or the current Fiscal Year 2018/19.
CITY has unilateral authority to adjust base rates based on actual changes in employee
contracts and indirect cost rates based for future budget years.
3. DEVELOPER'S Cooperation. DEVELOPER will cooperate with CITY in
performing the legal, environmental, and planning work required of the CITY to advance
the Project.
4. DEVELOPER'S Deposit. Upon execution of this Agreement,
DEVELOPER shall deposit $75,000.00 cash (or other equivalent security in a form
approved by the City Manager) with CITY. CITY will hold the deposit and charge
invoices received and in-house expenses incurred against the deposit. Developer shall be
provided with a monthly accounting of the costs to be expensed against Developer's
Deposit, including a description of the work performed by both the City's in-house staff
and any outside consultants, and the associated costs. In the event that the deposit is
drawn down to a balance of less than $25,000.00, DEVELOPER shall deposit additional
funds to maintain an evergreen balance of at least $75,000.00 ("Evergreen Deposit").
DEVELOPER shall deposit additional funds with CITY to ensure the Evergreen Deposit
amount is maintained within 15 days of receiving notice from CITY. In the event that
funds remain on deposit at the conclusion of the services contemplated by this
Agreement; they shall be refunded to DEVELOPER. The deposit shall earn interest at the
LAIF rate. Interest shall be credited back to the Evergreen Account and only refunded if a
positive balance remains at the conclusion of the Project.
5. Termination of Agreement.
a. DEVELOPER shall have the right to terminate this Agreement by delivering
notice as set forth below.
b. In the event of termination of this Agreement, CITY shall refund to
DEVELOPER any unused funds in the Evergreen Deposit.
c. Post Termination Work. Notwithstanding the provisions of Section 5(a),
DEVELOPER may request that, after DEVELOPER has delivered notice of termination,
CITY complete work in progress as identified by DEVELOPER. DEVELOPER shall
reimburse CITY for the costs of completion of the identified work.
6. Payment of Costs Not Contingent on Project Approval/No Entitlements
Granted. The payment of the fees and costs identified herein is not contingent upon the
approval of the annexation of the Property. DEVELOPER understands that the proposed
annexation requires the approval of LAFCO and the Lodi City Council. DEVELOPER fully
accepts all risks associated with the approval process. Nothing in this Agreement shall
provide DEVELOPER with any right to secure approval of any development plan or other
entitlement. In addition, DEVELOPER agrees that it will have no rights to select the outside
consultants retained by CITY; or direct the work, response times, recommendations or
approvals of the outside consultants.
7. DEVELOPER'S Failure to Pay. Should DEVELOPER fail to make any of
the payments in the amounts and at the times stated in the Section 4 of this Agreement,
CITY may, at its option, stop all further work on the Project and not proceed until the sums
due are paid. Should DEVELOPER abandon the Project, DEVELOPER shall be
responsible for the payment to CITY of all fees and costs incurred by CITY at the time the
Project is abandoned, including such fees and costs for all work in progress but not yet
billed to CITY by its retained consultants.
8. No Damages for Delay. CITY, its elected and appointed officials, officers,
agents, or employees shall not be responsible or liable to DEVELOPER for any damages of
any type or description which may result from any delays associated with the processing of
the Project whether caused by the negligence of CITY, its elected and appointed officials ,
officers, agents, employees, or otherwise.
9. Notices.
All notices required by this Agreement shall be in writing, signed by the authorized
representative of the sender and shall be deemed to have been given when the same is personally
served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from
the mailing if sent by first class or certified mail, postage prepaid, addressed as follows:
TO CITY
City of Lodi
Stephen Schwabauer
City Manger
221 West Pine Street
Lodi, CA 95240
TO DEVELOPER Anthem United Perrin Ranch, Limited Partnership
David Ragland
3001 Douglas Boulevard, Suite 200
Roseville, CA 95661
10. California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of San
Joaquin, State of California, or any other appropriate court in such county, and
DEVELOPER covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
11. Waiver. No delay or omission in the exercise of the right or remedy by a non -
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party or any default must be in writing and shall not be a waiver of any
other default concerning the same and any other provision of this Agreement.
12. Attorney Fees. If either party to this Agreement is required to initiate or defend
or is made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees
shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall
be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
13. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
14. Integration: Amendment. It is understood that there are no oral agreements
between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements, and understandings, if any,
between the Parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the Parties by an instrument in writing and
executed by the Parties.
15. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the Parties hereunder unless the invalid provision is so material that its
validity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
16. Corporate Authority. The persons executing this Agreement on behalf of the
Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party if bound.
17. Indemnification. Defense and Hold Harmless.
a. DEVELOPER agrees to and shall indemnify, defend and hold CITY,
its council members, appointed officials, officers, agents, employees and representatives
("Indemnites") harmless from liability for damage or claims of damage, for personal injury,
including death, and claims for property damage which may arise from CITY's hiring of
outside consultants and the services for the Project provided thereby.
b. DEVELOPER's obligation under this section to indemnify, defend and
hold harmless CITY, its council members, appointed officials, officers, agents, employees, and
representatives shall not extend to liability for damage or claims for damage arising out of the
sole negligence or willful act of CITY, its council members, appointed officials, officers, agents,
employees or representatives. In addition, DEVELOPER's obligation shall not extend to any
award of punitive damages against CITY resulting from the conduct of CITY, its council
members, appointed officials, officers, agents, employees or representatives.
c. With respect to any action challenging the validity of this Agreement or
any environmental, financial, or other documentation related to approval of this Agreement,
DEVELOPER further agrees to defend, indemnify, hold harmless, pay all damages, costs and
fees, if any incurred to either CITY or plaintiff(s) filing such an action should a court award
plaintiff(s) damages, costs and fees, and to provide a defense for CITY in any such action.
d. Failure of City to monitor compliance with the requirements of this
Section 17 imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation in indemnify and defend City as set forth is binding on the
successors, assigns or heirs of Developer and shall survive the termination of this Agreement or
this Section 17.
e. This Section 17 shall survive termination of this Agreement and is in
addition to any other rights or remedies that the Indemnities may have under the law or under
any other contract or agreements. In the event of any claim or demand made against any party
which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or
apply any monies owing to the Developer under this Agreement, if any, for the purpose of
resolving such claims; provided, however, City may release such funds if the Developer provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
SIGNATURES FOLLOW ON NEXT PAGE
IN WITNESS WHEREOF, the Parties have executed and entered into
this Agreement as of the date first written above.
ATTEST: CITY OF LODI, a municipal corporation
By: By:
Jennifer M. Ferraiolo, City Clerk
APPROVED AS TO FORM:
By
Janice D. Magdich, City Attorn
Stephen Schwabauer, City Manager
DEVELOPER:
Anthem United Perrin Ranch, Limited
Partnership
By:
Name: David Ragland
Title: Vice President Land Development
Address:
EXHIBIT A
CURRENT FULLY BURDENED HOURLY RATES
Position
Sal/Ben
ICR*
Overhead
FBHR
Public Works Director
$ 160.89
38.66%
$ 62.20
$ 223.08
Construction Project Manager
$ 96.39
38.66%
$ 37.26
$ 133.66
Assistant Engineer
$ 83.41
38.66%
$ 32.24
$ 115.65
Engineering Technician
$ 69.32
38.66%
$ 26.80
$ 96.12
Public Works Inspector
$ 67.62
38.66%
$ 26.14
$ 93.76
Senior Civil Engineer
$ 114.27
38.66%
$ 44.18
$ 158.45
Senior Engineering Technician
$ 76.63
38.66%
$ 29.63
$ 106.26
City Engineer/Dep PW Director
$ 127.28
38.66%
$ 49.21
$ 176.49
Associate Civil Engineer
$ 103.24
38.66%
$ 39.91
$ 143.15
Associate Engineer
$ 100.31
38.66%
$ 38.78
$ 139.09
Administrative Clerk
$ 40.64
38.66%
$ 15.71
$ 56.35
Community Development Director
$ 187.29
80.56%
$ 150.88
$ 338.16
City Planner
$ 112.94
80.56%
$ 90.98
$ 203.92
* Indirect Cost Rate
City reserves the right to make modifications to the ICR and or Sal/Ben hourly rates based on actual changes in employee
contracts or adoption of future budgets.
RESOLUTION NO. 2019-05
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A REIMBURSEMENT AGREEMENT WITH ANTHEM
UNITED PERRIN RANCH, LIMITED PARTNERSHIP, FOR
ANNEXATION ENTITLEMENT PROCESSING AND
ENVIRONMENTAL REVIEW SERVICES FOR THE PROPOSED
PERRIN RANCH PROJECT AT 1890 EAST HARNEY LANE
WHEREAS, the City of Lodi has received a land use application request from Anthem
United Perrin Ranch, Limited Partnership, for annexation entitlement processing and
environmental review services for the proposed Perrin Ranch project at 1890 East Harney Lane;
and
WHEREAS, the land use entitlement for this project will require the preparation of
annexation application, Municipal Service Review, General Plan Amendment, Pre - Rezone
master development plan, and an environmental document consistent with the California
Environmental Quality Act; and
WHEREAS, the project applicant is required to pay for complete processing of this
application and cover all staff and consultant costs; and
WHEREAS, as part of the proposed application, staff has prepared a Reimbursement
Agreement with Anthem United Perrin Ranch, Limited Partnership, for the cost of the
project review, master plan development, annexation processing, document preparation, and
environmental review. This agreement ensures that all project costs are born by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a reimbursement agreement with Anthem United
Perrin Ranch, Limited Partnership, for preparation of annexation application, Municipal
Service Review, General Plan Amendment, Pre - Rezone master development plan, and an
environmental document consistent with the California Environmental Quality Act for the
proposed Perrin Ranch project at 1890 East Harney Lane.
Dated: January 16, 2019
I hereby certify that Resolution No. 2019-05 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 16, 2019 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
kJ ,+NIFER F RRArOLO
Cs* Clerk
2019-05
k -I
Jennifer Ferraiolo
From: Jennifer Ferraiolo
Sent: Wednesday, January 16, 2019 2:53 PM
To: james gerard
Cc: City Council; Steve Schwabauer; Andrew Keys; Janice Magdich; Craig Hoffman
Subject: RE: Land Annexations
Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information,
response, and/or handling. In addition, your item will be provided to Council as a Blue Sheet item for tonight's City
Council meeting.
Jennifer M. Ferraiolo, MMC
City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
(209) 333-6702
(209) 333-6807 FAX
From: james gerard [mailto:jdgdc2002@yahoo.com]
Sent: Wednesday, January 16, 2019 2:48 PM
To: Jennifer Ferraiolo <jferraiolo@lodi.gov>
Subject: Re: Land Annexations
Thank you Jennifer. Each of our councilpeople know me so no introduction is needed.
I want them to know that I am opposed to any thought of further annexations into our town.
There is no reason; social or economic, to waste our city's valuable resources by considering
any new annexations at this time.
The amount of land that was annexed in the early 2000's is more than adequate at this time.
Infrastructure and services are stretched and no further burden needs to be placed on our
town.
Thank you for your kind consideration of my request.
Dr Doug Gerard
On Wednesday, January 16, 2019, 11:41:18 AM PST, Jennifer Ferraiolo <jferraioloCn]lodi.gov> wrote:
Yes, sir. If you send me an email, I will ensure Council and staff receive it prior to the meeting (both via e-mail
and in hard copy in front of them tonight).
Jennifer M. Ferraiolo, MMC
City Clerk
P.O. Box 3006
1
Lodi, CA 95241-1910
(209) 333-6702
(209) 333-6807 FAX
From: james gerard [maiito:jdgdc2002gyahoo.com]
Sent: Wednesday, January 16, 2019 11:40 AM
To: Jennifer Ferraiolo <iferraioloAlodi.gov>
Subject: Land Annexations
Hi Jennifer.
I want to be sure this the adress to reach all of the city council.
I would like to adress the above -stated topic.
Please let me know if this is correct so I can pass on information
to each council person prior to tonites meeting.
Thank you, Doug Gerard
2
Jennifer Ferraiolo
H •- I
From: Jennifer Ferraiolo
Sent: Wednesday, January 16, 2019 1:52 PM
To: arlee Huggins
Cc: City Council; Steve Schwabauer; Andrew Keys; Janice Magdich; Craig Hoffman
Subject: RE: Annexing farm property, no way. If you do Stockton will come here, we do not have
enough schools we already have problems here not enough police to many homeless
and our right are being taken away. Stop Listen and Think. Lodi is not loveable any m
Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information,
response, and/or handling. In addition, your item will be provided to Council as a Blue Sheet item for tonight's City
Council meeting.
Jennifer M. Ferraiolo, MMC
City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
(209) 333-6702
(209) 333-6807 FAX
Original Message
From: arlee Huggins [mailto:arleeskedhuggins@yahoo.com]
Sent: Wednesday, January 16, 2019 1:11 PM
To: City Council <CityCouncil@lodi.gov>
Subject: Annexing farm property, no way. If you do Stockton will come here, we do not have enough schools we already
have problems here not enough police to many homeless and our right are being taken away. Stop Listen and Think.
Lodi is not loveable any mo...
Sent from my iPad
1