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HomeMy WebLinkAboutAgenda Report - November 6, 2019 Public Coment 3_\- is an emeroencv and the need to take action on that emerqency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items mav only be referred for review to staff or placement on a future Council aqenda. Mike Lusk, member of the public, submitted a claim (filed) on behalf of citizen ratepayers with a demand that the property at Reynolds Ranch Development, which has been designated as a location for a Fire Station, be placed into the Development lmpact Mitigation Fee (lMF) Fire Fund and any conversion by sale of the property to a monetary fund be retained in the Fire Fund in its entirety. He stated the basis for the claim is that the developers for Reynolds Ranch agreed to pay the IMF and create an in-lieu exchange of real property for the purpose of capital infrastructure of Fire Station No, 5. Further, Mr. Lusk submitted a letter (filed) that the City consider a number of traffic flow changes during the Lockeford Street to Lodi Avenue changes on Church Street. Changes include making Oak Street one way travelling east between Church Street and Sacramento Street; making Walnut Street one way from Sacramento Street travelling west to Church Street; and eliminating the left-hand turn lane on Church Street at Waln ut Street intersection. Council Member Mounce and Mayor Pro Tempore Kuehne concurred with Mr. Lusk's concerns, stating there is a problem in that area. Mayor Pro Tempore Kuehne suggested a traffic study be done and thanked Mr. Lusk for his comments regarding setting aside the money from the sale of the Fire Station No. 5 property, adding he too suggested that initially. City Manager Schwabauer stated he could not respond to Council from the dais to a threat of a lawsuit and will do so at a later time. Further, he stated it is premature to discuss selling the property in Reynolds Ranch and it would be more appropriate to do so when Council begins discussing a potential sale. Council Member Johnson agreed with Mr. Lusk's concerns regarding traffic flow downtown, stating it should be explored further. He questioned if one project would interfere with the timing of the other. Public Works Director Charlie Swimley stated staff would need to research such issues as turning rate, how people drive in the area, etc. He agreed that the turning radius is tight with the bow outs, but those were put in with the intention of minimizing crossing of the street. Devon VanDyke, member of the public, submitted a handout (filed) regarding the need for an inclusive park in Lodi that would have accessible play structures to help disabled children use the equipment. With Measure L recently passing, she felt such a park should be within the City's reach. She requested Council support on this pro¡ect that would create an atmosphere of equality at parks. Ms. VanDyke stated an organization was created through St. Paul's Lutheran Church to raise funds for an all-access park and stressed she will do all of the legwork. Council Member Mounce stated she too would like to see a park like this happen sooner, rather than later, because it would be a great benefit to this community. She added the City likely does not have the funds now; however, there is some flexibility with parks that it could happen in the future. ln response to Council Member Nakanishi, Ms. VanDyke stated she has reached out to the Community Foundation of San Joaquin County for support, but there needs to be a solid plan in place before grant money can be awarded. Council Member Nakanishi suggested she speak to the Parks and Recreation Commission. Council Member Mounce added that perhaps the Parks and Recreation Commission could help put together a plan so the Director can help write a grant. Mayor Pro Tempore Kuehne stated he serves on the Kiwanis Club and he will pass along her information to the group for potential financial support or donations. He suggested she reach out to other service clubs as well and speak to the Parks and Recreation Commission. Council Member Johnson stated a project such as this is worthy of all service clubs joining together to support it instead of each group going in multiple directions and funding different 7 6 É', lr"J b3 \.hi\stc ru lutts *b LODI CITY COUNCIL NOV 6.2019 rrþrr LODI CITY MANAGER THIS IS A CLAIM ON BEHALF OF THE CITIZEN RATE PAYERS OF THE LODI WATER UTILITY ENTERPRISE. THIS IS A DEMAND THATTHE PROPERTY LOCATED AT REYONLDS RANCH DEVELOPMENT WHICH HAS BEEN DESIGNATED AS THE LOCATION FOR FIREHOUSE 5 BE PLACED INTO THE BUILDERS IMPACT MITIGATION FIRE FUND AND ANY CONVERSION BY SALE OF THIS PROPERTY TO A MONETARY FUND BE RETAINED IN THE IMF FIRE FUND IN ITS ENTIRITY. THEN THESE FUNDS SHOULD BE USED TO PAY OF THE BALANCE REMAINING ON THE WATER IMPACT FUND LOAN FOR FIREHOUSE 4 AND CLOSE OUTTHIS LOAN AFTER 17 YEARS. ANY REMAINING BALANCE IN THE FIRE FUND WILL BE RETAINED IN THE IMF FIRE FUND. AT NO TIME SHOULD ANY OF THE VALUE OR MONETARY FUNDS BE TRANSFERRED TO THE GENERAL FUND. BASIS FOR CLAIM IS THE DEVELOPERS AGREEMENT FOR REYNOLDS RANCH, WHERE IN AS PART CIF THE CAPITAL INFASTRUCTURE IMPACT, THE DEVELOPER AGREED TO PAY BUILDER IMPACT FEES AND CREATE AN IN LIEU EXCHANGE OF REAL PROPERTY FOR THE PURPOSE OF THE CAPITAL INFASTRUCTURE OF FIRE HOUSE 5. THE VALUE OF THIS REAL ESTATE IS OF LIKE KIND IN REIATION TO BUILDER INPACT FEE TO THE FIRE IMF FUND. THEREFORE IT SHOUD BE HANDLED ACCORDINGLV AS PERSCRIBE IN STATE OF CALIF. GOV. CODE SECTIONS 66006 ETC. State of California GOVER}IMENT CODE Section 66006 66006. (a) If a local agency requires the payment of a fee specified in subdivision(c) in connection with the approval of a development projecL the local agency receiving'tíre fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund Page 1 of 3 in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for .hi"ttth. feé was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (Ul (tl For each separate account or fund established pursuant to subdivision (a),the local agency ihali, within 180 days after the last day of each frscal year, make available to the public the following information for the fiscal year: (Ð A brief description of the type of fee in the account or fund. @) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identifîcation of each public improvement on which fees were expended and the amount òf tnr expenditures on each improvemént, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construøion of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. ftI) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 6600i. (2) The local agency shall review the information made available to the public pursuant to paragraph(l) at the next regularly scheduled public meeting not less thanl5 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this informationmay be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, "fee" means any fee imposed to provide for an improvement to be consiruıted to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. (d) AnV person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders ecónomic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. Page 2 of 3 (Ð At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee widbe used to finance. (Amended by Stats. 1996, Ch. 569 , Sec. 2. Effective January 1 ,1997.) State of California GOVIRNMENT CODE Section 66008 66008 A local agency shall expend a fee for public improvements, as accounted for pursuant to Section 66006, solely and exclusively for the purpose or purposes, as identified in subdivision (f) of Section 660a6, for which the fee was collected. The fee shall not be levied, collected, or imposed for general revenue purposes. (Added by Stats. 1996, Ch. s69, Sec. 3. Effective January 1, 1997.) State of California GOVERNMENT CODE Section 66010 66010. As used in this chapter: (a) "Development project" means a development project as defined in Section66000. (b) "Fee" means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the còit of public facilities related to the development project, but does not include fees for processing appiications for govemmental regulatory actions or approvals. (c) "Local agency" means a local agency, as defined in section 66000. (d) "Public facilities" means public facilities, as deflined in section 66000. (e) "Reconstruction" means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. (Amended by Stats. 1990, Ch. 7572, Sec. 18.) Respectfully ?n^;u* ã**/L Mike Lusk 2518 Colony Dr. Lodi, Calif. 95242 Page 3 of 3 Ê\€J b3 M tas¿ .\ D/ LODI CIW COUNCIL Nov. 6, 20L9 LODI CIW MANAGER ÏHIS IS A REQUEST THAT THE CITY OF LODI CONS¡DER THE FOLLOWING TRAFFIC FLOW CHANGES DURING THE LOCKEFORD ST. TO LODIAVE. CHURCH STREET CHANGES. 1.. MAKE OAK STREET ONE WAY TRAVELING EAST BETWEEN CHURCH ST. AND SACRAMENTO ST. 2. MAKE WALNUT STREET ONE WAY FROM SACRAMENTO STREET TRAVELING WEST TO CHURCH STREET. 3. ELIMINATE LEFT HAND TURN LANE ON CHURCH STREET AT WALNUT STREET INTERSECTION. NO LEFTTURN WHEN TRAVELING SOUTH ON CHURCH ST. REASONING FOR REQUEST IS BECAUSE OF EXTENDED WHEEL BASE ON PICKUPS AND SUV VEHICLES. THEY PROTRUDE INTO LANES OF TRAFFIC ON OAK STREET MAKING IT DIFFICULT FOR TWO CARS TO PASSBY EACH OTHER WITHOUT ENOUGH SIDE CLEARANCE, THEREBY RESTRICTING THE FLOW OF TRAFFIC. WHEN DELIVERY VEHICLES ARE DOUBLE PARKED ON OAK ST. IT FURTHER RESTRICTS THE FLOW OF TRAFFIC. ON WALNUT A SIMILAR PROBLEM EXISTS NEAR THE INTERSECTION OF WALNUTST. AND CHURCH ST. WHEN MAKING A RIGHT HAND TURN OFF OF CHURCH ST. GOING EAST ON WALNUT ST. IF AN EXTENDED WHEEL BASE VEHICLE IS DIAGONALLY PARKED AT THE BANK OF STOCKTON, YOU HAVE TO SWING WIDE INTO ONCOMING TRAFFIC LANE. SAME PROBLEM REST OF STREET TO SCHOOL ST. MAKE BOTH SIDES OF OAK ST. AND WALNUTST. DIAGONAL PARKING IN THE SAME DIRECTION WITH FLOW OF ONE WAYTRAFFIC. THUS LEAVING PLENTY OF ROOM FOR ONE TRAFFIC IANE IN THE MIDDLE OF THE STREET FOR UNRESTRICTED SINGLE LANE TRAFFIC FLOW. RESPECTFULLY"h*.ú^ -4'*e-MIKE LUSK , 2518 COLONY DR. LODI, CA.95242