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HomeMy WebLinkAboutAgenda Report - November 21, 2007 Public CommentConfinuedNovember 21,2007 This item was pulled from the agenda by Mayor Pro Tempore Mounce for further discussion together with the previous item. MOTION /VOTE (joint action of the Citv Council and Redevelopment Agency): The City Council and Redevelopment Agency, on motion of Mayor/Chairperson Johnson, Hansen second, adopted Resolution No. 2007-231 authorizing the City Manager to execute an Amended and Restated Cooperative Agreement with the Redevelopment Agency of the City of Lodi; adopted Resolution No. RDA2007-04 authorizing the Executive Director to execute an Amended and Restated Cooperative Agreement with the City of Lodi; and further directed staff to exclude the power of eminent domain from the Redevelopment Plan. The motion carried by the following vote: Ayes: Council Members/Members —Hansen, Hitchcock, Katzakian, and Mayor/Chairperson Johnson Noes: Council Members/Members — Mounce Absent: Council Members/Members — None F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS ■ Ken Owen provided a brief overview of the annual "Keep Christ in Christmas" campaign and wn=aw urged participation. G . COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS • Council Member Hansen wished everyone a Happy Thanksgiving and requested staff look into the soccer field matter and provide a response accordingly. ■ Mayor Pro Tempore Mounce reported on her attendance at the National League of Cities conference and briefly discussed the affordable housing and historical preservation for mixed- use housing workshops. She also welcomed her Uncle Rodney to the Council meeting. • Council Member Hitchcock requested a brief presentation of the new online system of recording citizen concerns. Mr. King provided an overview of the same, stating the system was now available on the City's homepage. H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS • City Manager King reported on the successful pricing and closing of the wastewater financing, the anticipated meeting in the upcoming week to discuss the soccer field matter and related private Grape Festival ground usage, and a possible park solution for the upcoming year. A brief discussion ensued between Mr. King, Council Member Hansen, Mayor Johnson, and Council Member Katzakian regarding the same. PUBLIC HEARINGS 1-1 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Johnson called for the public hearing to consider the adoption of a resolution establishing a fee schedule for the permit to operate for mobile food vendors. Community Improvement Manager Joseph Wood provided an overview of the mobile food vendor permit process and the history of Council consideration associated with the same. In response to Council Member Hansen, Mr. Wood stated the special event permit application is a catchall for all vendors that are not acting in connection with some other already permitted event. In response to Council Member Hansen, Mr. Wood stated there is a separate process for a band application or similar activity. In response to Mayor Pro Tempore Mounce, Mr. Wood stated there is a separate and general prohibition against the display of open merchandise for sale for vendors who set up a display on private property. 5 Christian t Community Concerns November 21,2007 MAYOR, CITY COUNCIL MEMBERS, CITY STAFF The scriptures refer to Jesus when it states: FOR UNTO USA CHILDIS BORN, UNTO USA SON ZS GIVEN: AND THE GOVERNMENT SHALL BE UPONHISSHO ULDER: AND HIS NAME SHALL BE CALLED WONDERFUL, COUNSELOR, THEMIGHTY GOD, THE EVERLASTING FATHER, AND THEPRINCE OF PEACE. (IS. 9:6) KJV The Christmas story is still the greatest story ever told. To think that the creator of the universe would send heavens' bast to redeem mankind is the wonder of wonders. Another story that's almost as amazing as the birth of Jesus is mankind's rejection of the Christmas story. For example, there seems to be an all out attack to rid our country of any mention or public display of Christ in the Christmas story these days. Christmas has historically been the most celebrated holiday in America, but I'm concerned about what is happening to Christmas in America these days. The myth of the so called "Separation of Church & State" has led to so many misconce tions and controvers that many school administrators and public officials are removing throughout the land. I pray that the City of Lodi is not one of them. Merchants are also replacing the greeting for happy holidays or Seasons greetings, out of concern to not offend shoppers of different beliefs and backgrounds. We should be more concerned about offending God. According to the "Alliance Defense F u n d A National legal organization this was never the intent of our Founding Fathers. They state that the "U.S. Supreme Court has never ruled that the Constitution requires Government officials to censor Christmas cards or displays, or eliminate all references to Christmas, or silence those who celebrate Christ's birth." P.O. Box 367 - Lodi, California • 95241 • Phone/Fax (209) 368-0990 ON NOVEMBER 25. CCC IS LAUNCHING OUR KEEPING CHRIST IN CHRISTMAS CAMPAIGN DURING THE CHRISTMAS SEASON. One of Lhe main reasons we arc doing this is to give you factual information from the Alliance Defense Fund on what you can and cannot do legally concerning Christmas displays when it comes to Nativity scenes, or singing Christmas carols, or recognizing the birth ofJcsus Christ into the world. There are numerous organizations such as the A.C.L.U. across the land that has been bringing law suits against Christmas displays for the last several years. But that's beginning to change now because more and more people are beginning to say enough is enough. Although these organizations are losing legal battles all across America, their falsehoods and misinformation still leave a chilling effect in our public schools, and public buildings. For example, many school and Crovernment officials are still convinced that a public Christmas display or Christmas carol violates the so --cal led "Separation of church and state. In your packet you will find information that will equip you to know the truth about what you as a Civic leader can and cannot do in the area of celebrating Christmas, and Separation of Church & State issues. There is a page listing actual lawsuits that the A.C.L.U. has filed across America, along with a myth/tact sheet which 1 think you will fmd interesting. Also in your packet is a beautiful poster we are asking churches, and businesses to display. Also, there is a "Christmas handout card" for shoppers to hand nut to merchants while they are doing their Ch sbm shopping. We are asking you to Pleasejoin with us in preserving our traditional heritage by Thank you and to all of you and your families. /,of/ Ken Owen, Director Mvth/Fact Sheet Myth #1: Students are not allowed to sing religious Christmas carols in public schools. Fact: During school activities, such as choir, Christmas programs, and other events in public schools, students can sing such carols without offending the U.S. Constitution. Courts may look to whether the school has a secular purposefor initiating religious expression; for example, advancing students' knowledge of society's cultural and religious heritage and the opportunity for students to perform a full range of music, poetry, and drama. Myth #2: It is unconstitutionalfor school officials to refer to a school break as a "Christmas Holiday." Fact: The Supreme Court has acknowledged the government's long- standing recognition of holidays with religious significance, such as Christmas. Congress has proclaimed Christmas to be a legal public holiday. Myth #3: Itisunconstitutional for public schools toclose onreligious holidays, such as Christmas and Good Friday. Fact: The Establishment Clause doesn't prohibit state officialsfrom choosing a religious day as the day for a legal holiday. Myth #4: Public schools have to recognize all religious holidays if they recognize Christmas. Fact: A school that has a holiday coinciding with a religious holiday must do so for secular purposes, but that does not impose a legal duty on the school to recognize every other religious holiday. Myth #5: If is constitutional for publicschools to ban teachers and students from saying Merry Christmas. Fact: The Supreme Court has stated that teachers and students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Guidelines issued by U.S. Secretary of Education Riley (under President Clinton) state "students therefore have the same right to engage in... religious discussion during the school day as they do to engage in other comparable activity." Teachers have the right to greet students with the words Merry Christmas, in spite of their role as agents of the state. Saying a simple greeting that people commonly use in Decemberdoes not violate the Establishment Clause. (A teacher would have to use his/her More I authority to promote religion to students in order to violate the Establishment Clause.) Myth #6: Publicschoo[s cannot have students study the religious origins of Christmas and read the biblical accounts of the birth of Christ. Fact: The Supreme Court has stated that "the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like." The term "study" has been defined to include more than mere classroom instruction; public performance may be a legitimate part of secular study. Myth#7: Public schools cannot display rel ig ious symbols. Fact: The display of a nativity scene is constitutional if it is displayed for legitimate secular purposes, such as to celebrate the holiday and to depict the origins of the holiday. If a public school is concerned, it is free to display a nativity scene among other forms of religious and secular seasonal expression. Myth #8: Students do not have a constitutionalright to be exempt from activities with a religious component Fact: Without penalty, students can opt out of activities (such as a Christmas program or a concert with a religious song) that conflictwith the individual beliefs of the students or their parents. The school may not force "any person to participate in an activity that offends his religious or nonreligious beliefs." A student's objection to a school activity containing religion does not empower the student to censor the expression or block the activity. The student can opt out but cannot silence others. This is the standard for other matters as well. For example, students are allowed to opt out of reciting the Pledge of Allegiance. BELIEVE IN... h ­Aoft . Joyato thtrprld, the Lord.W,, comel Let earth receive s L ering; Kil 1, Aim Leteveryheart ­Oreipa�e Him room. x 1A, Z A CAMPAIGN 1T0(1,G,,KED{ - ALIVE. IN Wit L 7���R�IAS CHRISTIAN COMMUNITY CONCERNS P.O. Box 367, Lodi, California 95241 * www.christiancommunityconcerns.org