HomeMy WebLinkAboutMinutes - April 7, 2004LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 7, 2004
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of April 7, 2004, was called to order by Mayor Hansen at
5:48 p.m.
Present: Council Members — Beckman, Hitchcock (arrived at 5:55 p.m.), Howard, Land (arrived
at 6:00 p.m.), and Mayor Hansen
Absent: Council Members — None
Also Present: City Manager Flynn, Interim City Attorney Schwabauer, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Actual Litigation: Government Code §54956.9(a); one case; People of the State of
California, and the City of Lodi, California v. M & P Investments, et al.; United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
b) Actual litigation: Government Code §54956.9(a); one case; Hartford Accident and Indemnity
Company, et al. v. City of Lodi, et al., Superior Court, County of San Francisco, Case No.
323658
C) Conference with legal counsel — initiation of litigation: Government Code §54956.9(c); two
cases
d) Conference with legal counsel — anticipated litigation — significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9; one case; pursuant to Government Code
§54956.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be disclosed
e) Actual Litigation: Government Code §54956.9(a); one case; City of Lodi, a California
Municipal Corporation, and Lodi Financing Corporation, a California nonprofit corporation v.
Lehman Brothers, Inc. and US Bank National Association, United States District Court,
Eastern District of California, Case No. CIV. S-04-0606 MCE-KJM
C-3 ADJOURN TO CLOSED SESSION
At 5:48 p.m., Mayor Hansen adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 7:00 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:07 p.m., Mayor Hansen reconvened the City Council meeting, and Interim City Attorney
Schwabauer disclosed the following actions:
In regard to Item C-2 (a), Council provided direction.
In regard to Item C-2 (b), (c), (d) and (e), no reportable action was taken.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of April 7, 2004, was called to order by Mayor Hansen at
7:07 p.m.
Present: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Absent: Council Members — None
Also Present: City Manager Flynn, Interim City Attorney Schwabauer, and City Clerk Blackston
B. INVOCATION
The invocation was given by Pastor Paul Zimmerman, St. Peter Lutheran Church.
Continued April 7, 2004
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hansen.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 (a) Christine Lavond, member of the Library Board of Trustees, presented the Bob Hildreth
2004 Library Volunteer of the Year award to Patricia Pischalnikoff.
D-2 (a) Mayor Hansen presented a proclamation to Nancy Martinez, Library Services Director,
proclaiming the week of April 18 - 24, 2004, as "National Library Week" in the City of Lodi.
D-2 (b) Mayor Hansen presented a proclamation to Nancy Martinez, Library Services Director,
proclaiming April 18, 2004, as "National Youth Service Day" in the City of Lodi.
D-2 (c) Mayor Hansen presented a proclamation
Center of San Joaquin County, proclaiming
Awareness Month" in the City of Lodi.
D-3 Presentations — None
E. CONSENT CALENDAR
to Anissa Flores, representing the Women's
the month of April 2004 as "Sexual Assault
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Beckman second, unanimously approved the following items hereinafter set
forth except those otherwise noted:
E-1 Claims were approved in the amount of $6,779,601.43.
E-2 The minutes of March 3, 2004 (Regular Meeting), March 9, 2004 (Shirtsleeve Session),
March 9, 2004 (Special Meeting), March 12, 2004 (Special Meeting), March 16, 2004
(Shirtsleeve Session), March 16, 2004 (Special Meeting), March 22, 2004 (Special
Meeting), March 23, 2004 (Shirtsleeve Session), March 23, 2004 (Adjourned Special
Meeting), March 25, 2004 (Special Meeting), and March 31, 2004 (Special Joint Meeting
with the East Side Improvement Committee) were approved as written.
E-3 Received the report of the sale of scrap metal.
E-4 Approved the specifications and authorized advertisement for bids for up to 100 galvanized
steel streetlight standards.
E-5 Approved the specifications and authorized advertisement for bids for wood utility poles as
needed by the Electric Utility Department during calendar year 2004.
E-6 Adopted Resolution No. 2004-54 awarding the contracts for City-wide janitorial services to
Korean Professional Building Maintenance, of Stockton; ServiceMaster Commercial
Building Maintenance, of Sacramento; and Cleaning Concepts, of Lodi, in accordance with
staff recommendation below:
1. That the Police Facility and the Library (Group A) be awarded to Korean
Professional Building Maintenance on the Standard Schedule because of the
number of citizens they serve and operational issues (i.e., 24/7 jail, dispatch, and
other high -use areas). The existing frequencies at the Police Facility are six days
per week for the jail portion and five days per week for the rest of the building. The
Library includes a reduction from seven days a week to five days a week. The
annual cost is $58,560.
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Continued April 7, 2004
2. That the Civic Center Facilities (City Hall, Court, Carnegie Forum, and Finance
Department) (Group B) be awarded to ServiceMaster Commercial Building
Maintenance on the Reduced Schedule. The annual cost is $25,272.
3. That the Municipal Service Center, Parks and Recreation Facilities, White Slough,
and Parking Structure (for Fire Administration) (Group C) be awarded to
ServiceMaster Commercial Building Maintenance on the Reduced Schedule. The
annual cost is $19,308.
4. That the Community Center at Hutchins Street Square (Group D) be awarded to
Cleaning Concepts on the Standard Schedule. Hutchins Street Square recovers its
janitorial expense through billing its renters, and the difference between standard
and reduced services is only $300 per month. The annual cost is $11,640.
5. Bids for emergency cleaning and call outs were received from all contractors.
Those minimum call out and hourly rates are part of the contracts.
6. Window cleaning was also bid as an alternate and will be part of the contracts to
be used as needed.
E-7 Adopted Resolution No. 2004-55 accepting the improvements for Harney Lane Sanitary
Sewer Lift Station.
E-8 Adopted Resolution No. 2004-56 accepting the public improvements of the public alley
north of Oak Street, west of Central Avenue at the Joe Serna, Jr., Charter School Site.
E-9 Adopted Resolution No. 2004-57 approving the improvement agreement for the public
improvements of 620 South Cherokee Lane (APN 047-450-36); directed the City Manager
and City Clerk to execute the improvement agreement on behalf of the City; and
appropriated funds in the amount of $85,000 for applicable reimbursements.
E-10 "Adopt resolution authorizing the City Manager to execute a contract with the Lodi-Tokay
Rotary Club for the 13th Annual Oooh Ahhh Festival to be held on July 4, 2004 ($18,000)"
was removed from the Consent Calendar and discussed and acted upon following
approval of the Consent Calendar.
E-11 Adopted Resolution No. 2004-58 authorizing the City Manager to allocate $14,675 to fund a
City of Lodi Parks and Recreation lighting retrofit project and to execute a contract with
Eagle Energy Management to conduct the project work.
E-12 "Adopt resolution approving Memorandum of Understanding between the City of Lodi and
Lodi Professional Firefighters" was pulled from the agenda pursuant to staff's request.
E-13 "Adopt resolution approving Memorandum of Understanding between City of Lodi and
Association of Lodi City Employees (General Services)" was pulled from the agenda
pursuant to staffs request.
E-14 "Adopt resolution approving the renewal of the renegotiated Fire Emergency Services
Dispatch agreement with the Stockton Fire Department" was pulled from the agenda
pursuant to staffs request.
E-15 Adopted Resolution No. 2004-59 authorizing the City Manager to execute a one-year on-
site catering agreement at Hutchins Street Square with Wine Valley Catering, Inc.
E-16 Adopted Resolution No. 2004-60 authorizing the City Manager to appropriate $25,000 in
Public Benefit Program funds for the Lodi Residential Swimming Pool Pump & Motor
Rebate Program for City of Lodi Electric Utility customers.
E-17 Adopted Resolution No. 2004-61 supporting the continuous operation of the Defense
Distribution Center San Joaquin.
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Continued April 7, 2004
E-18 Adopted Resolution No. 2004-62 revising the current abatement fee schedule for rotating
contractor list.
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
E-10 "Adopt resolution authorizing the City Manager to execute a contract with the Lodi-Tokay
Rotary Club for the 13th Annual Oooh Ahhh Festival to be held on July 4, 2004 ($18,000)"
Janet Hamilton, Management Analyst II, stated that the Lodi-Tokay Rotary Club has
concern with a clause that has been in the contract since 1996.
City Manager Flynn read from the agreement, page 4, section 10, subsection D, `After
distribution of such profits to local non-profit organizations furnishing volunteers, any
remaining profits shall go into the City's general fund."
Steve Whyte reported that the Oooh Ahhh Festival is the biggest fundraiser of the Lodi-
Tokay Rotary Club. Non-profit organizations work at the event, help with staffing, and raise
money from the proceeds. He explained that out of the net proceeds, the Lodi-Tokay
Rotary Club donates back to local non-profit organizations and community projects. He
asked that section 10, subsection D, be amended or removed from the agreement.
Mr. Flynn suggested that the language be changed to "any remaining profits shall go to the
Lodi-Tokay Rotary Club."
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Beckman, Land second, unanimously
amended the contract language in Section D to read, "after distribution of such profits to
local non-profit organizations furnishing volunteers, any remaining profits shall go to the
Lodi-Tokay Rotary Club," and further adopted Resolution No. 2004-63 authorizing the City
Manager to execute the contract with the Lodi-Tokay Rotary Club in the amount of $18,000
for the 13th Annual Oooh Ahhh Festival to be held on July 4, 2004.
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
co Tim Vallem commented that he recently read in the newspaper that the City was planning to
annex property near Harney Lane and Lower Sacramento Road for the purpose of building 1,700
new homes. He expressed concern about using prime farmland, traffic congestion, and the fact
that an out of town developer will build the homes. It will be a big impact to Lodi's 2% growth
limit and eliminates local developers. He preferred that Council vote on this proposed
development and the size limitation issue for large retail establishments; however, in absence of
that, he asked that the people of Lodi be allowed to vote on these matters.
G. PUBLIC HEARINGS
G-1 "Continue public hearing to April 21, 2004, to consider an appeal received from Key
AND Advertising, Inc., regarding the Planning Commission's decision to deny the request of
G-2 Key Advertising for a Use Permit to allow a 75 -foot -high electronic display sign and a
Variance to double the maximum allowable sign area from 480 square feet to 960 square
feet to be located at 1251 South Beckman Road' AND "Re -continue public hearing to
April 21, 2004, to consider redesign concept for C -Basin (Pixley Park) and the exchange
of properties with GREM, Inc., to allow the relocation of C -Basin"
MOTION / VOTE:
The City Council, on motion of Council Member Land, Beckman second, unanimously
continued the above subject public hearings to April 21, 2004.
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Continued April 7, 2004
H. COMMUNICATIONS
H-1 On recommendation of the City's contract administrator, Insurance Consulting Associates,
Inc. (ICA), and Human Resources staff, the City Council, on motion of Mayor Pro Tempore
Beckman, Hitchcock second, unanimously rejected the following claim:
a) Magellan Environmental, Inc., date of loss 11/03 through 2/04
H-2 Reports: Boards/Commissions/Task Forces/Committees —None
H-3 Appointments — None
H-4 Miscellaneous — None
REGULAR CALENDAR
1-1 "Updates from Mayor Larry Hansen regarding the following issues: Barger & Wolen audit of
Envision Law Group's billings; status of recruitment process for new City Attorney; progress
on Request for Proposals for special counsel to represent the City of Lodi in its
Environmental Abatement Program litigation; legal proceedings relative to the Environmental
Abatement Program litigation"
Mayor Hansen reported that the audit of Envision Law Group's billings continues to move
forward. The application period for the position of city attorney closes on April 17. He and
Council Member Hitchcock are reviewing the Requests for Information from legal firms and
will proceed with scheduling interviews to be held before Council. In regard to the
Environmental Abatement Program, a status hearing was held on March 26 and the next
meeting is scheduled for June.
MOTION/ VOTE:
There was no Council action necessary on this matter.
NOTE: The following items were discussed out of order.
1-4 "Adopt resolution approving the Joint Venture Agreement between the City of Lodi, City of
Stockton, American Medical Response, and A-1 Ambulance"
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Hitchcock second, unanimously
rescheduled the above subject matter to the Regular City Council meeting of April 21, 2004.
1-2 "Approve Special Allocation for expenses incurred for moving and storing Environmental
Abatement Program (EAP) litigation files ($17,005);
Interim City Attorney Schwabauer pulled the Kronick Moskovitz Tiedemann & Girard portion
of the item, as he had not yet had an opportunity to fully review the bill. He reported that
$2,889 was expended to move 500 boxes from Envision Law Group in Lafayette to Lodi,
and $855 was charged to organize the boxes in numerical order. The cost to relocate
1,500 boxes and shelving from the Document Depository to the former Police Station
building was $11,532. The Document Depository rental fee for January 30 to February 11
was $1,729.
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, unanimously approved
the Special Allocation for expenses incurred for moving and storing Environmental
Abatement Program (EAP) litigation files in the amount of $17,005.
5
Continued April 7, 2004
1-5 "Discussion and appropriate action regarding 1) placing a ballot measure establishing big -
box size limits on the November 2, 2004, ballot; 2) establishing a big -box size limit for the
ballot measure; and 3) placing a moratorium on big -box retail pending the results of a
November 2, 2004, ballot measure"
Deputy City Manager Keeter recalled that a request was made at the Council meeting on
March 17 to place this item on the agenda. She noted that Council will need to address
the following issues as they relate to a proposed ballot measure:
➢ Does Council want to take the big -box retail size restriction to the voters in November
2004?
➢ If so, does Council want the size restriction to be established at no greater than
100,000 square feet?
➢ If not, then what size?
➢ Does Council want to impose a moratorium on big -box retail with a 100,000 square foot
restriction until the voters take a position on the issue in November 2004?
➢ If so, will this include remodel and expansion of existing retail stores?
Ms. Keeter reported that a Notice of Intention to Circulate Petition was filed with the City
Clerk on March 30. The proposed initiative would amend the City's zoning ordinance to
impose a maximum size limitation of 100,000 square feet upon all large-scale retail stores.
In addition, it stipulates that any project proposal that exceeds 100,000 square feet would
be subject to a public vote for approval.
PUBLIC COMMENTS:
00 Patrick Walsh identified himself as president of a non-profit charity and a small
business owner. He voiced support for Wal-Mart and its associates. He reported that
dozens of fire departments have thermal imaging cameras on their vehicles, due in part
to donations by Wal-Mart. He commended the organization for continually supporting
worthwhile local and national charities with donations, sponsoring events, and
supplying personnel.
oo Veronica Teran stated that she previously worked at Wal-Mart as a minor and felt that it
was a terrible company that did not care about its employees. She feared that a Wal-
Mart Supercenter would put smaller stores out of business.
oo Treacy Elliott asked Council to consider the initiative that was presented by the Small
City Preservation Committee and to place a moratorium on any development over
100,000 square feet until the voters have an opportunity to decide the issue.
00 Betsy Fiske, Chair of the Small City Preservation Committee, urged Council to adopt
the language of the initiative that was submitted on March 30. She asked that, in the
interim, a moratorium be placed on all new buildings over 100,000 square feet. She
noted that this is not just a Lodi issue; people all over the state are speaking up about
large-scale retail, most recently in Inglewood.
In answer to Council Member Howard, Ms. Fiske stated that Don Mooney, a land use
attorney in Davis, helped to draft the initiative and the Committee compensated him for
his services.
00 Michael Meek believed that the real issue was about the proposed Wal-Mart
Supercenter, not large retail business in general. He did not think that it would put
other stores out of business and was opposed to a moratorium. He supported the Wal-
Mart Supercenter for the additional revenue it would bring to the City.
Con
Continued April 7, 2004
00 Philip Kinsey commended Wal-Mart for its contributions to school programs.
Mr. Kinsey stated that he was a former Wal-Mart employee and enjoyed working there.
He supported the Wal-Mart Supercenter for the additional revenue it would bring to the
growing City and felt that a moratorium was unnecessary.
oo Shawn Martinez was in favor of the proposed Wal-Mart Supercenter for its convenience
and low prices.
00 Florbela Kinsey voiced support for the Wal-Mart Supercenter as it would offer additional
jobs for local residents and convenient one-stop shopping. She named numerous local
organizations, agencies, and programs that Wal-Mart has donated $380,000 in cash
and products to during the past few years.
oo Marilyn Domingo was opposed to limiting the size of large retail buildings. Noting the
City's priority projects, she stated that it cannot afford to limit retail revenue. She did
not believe that the Council should initiate a ballot measure; it should come from a
citizen initiative.
oo Art Johns pointed out that 100 years ago in the United States there was great concern
about monopolies and actions were taken to control them. He believed that large retail
businesses cause traffic congestion and parking problems. Wal-Mart allows
recreational vehicles to camp in their parking lots. He asserted that most of Wal -Mart's
profits go back to its headquarters to make bigger and better stores, not back into the
communities in which they operate. He favored the size limit of 100,000 square feet on
large retail buildings.
oo Scott Glanville stated that with proper design standards being used, he would like to
see the Wal-Mart Supercenter in Lodi.
oo Carol Cash stated that she has worked for Wal-Mart for 12 years and receives good
pay and benefits. It is a family-oriented organization and provides opportunities for
advancement. She works as the Community Involvement Coordinator and Support
Manager. Ms. Cash reviewed the charitable programs that Wal-Mart has contributed to
with grants, scholarships, etc. She opposed the ballot measure and moratorium
proposals.
00 Kenneth Lopes recalled that 40 years ago Lodi residents all flocked to the malls in
Stockton because there were no such shopping opportunities in the local community.
This resulted in a loss of revenue for the City, and he intimated that this will continue to
occur if businesses are prevented from operating in Lodi. He failed to see what
difference the size of the store makes and pointed out that there is an enormous car
dealership currently being constructed in the City. In reference to the concept of
monopolies, he noted that one family who came to Lodi 45 years ago now owns all the
car dealerships except two and are now pursuing those.
oo Shelby Wicklund introduced herself as a Wal-Mart associate and customer who enjoys
working with the company and would appreciate the convenient, one-stop shopping that
a Wal-Mart Supercenter would offer.
00 Michael Folkner, Store Manager for the Lodi Wal-Mart, stated that he has worked for
the company for 12 years and began in a position of unloading trucks. He noted that if
a size limitation had been in effect ten years ago, the Wal-Mart store would not be
located in Lodi and 300 of its associates might not have jobs. He stated that it has
outgrown the current store and urged Council not to adopt a size limitation restriction
on large retail businesses.
7
Continued April 7, 2004
00 Karen Green voiced support for the proposed Wal-Mart Supercenter and urged Council
not to place a moratorium on large retail businesses.
oo Sharon Salas believed that Wal-Mart is a great store and it has excellent employees.
She expressed support for the proposed Wal-Mart Supercenter for its convenience and
low prices. She did not believe it would take business away from existing stores.
00 Pat Patrick, President and Chief Executive Officer of the Lodi Chamber of Commerce,
stated that the Chamber is not in favor of a size limitation on large retail stores. The
Chamber represents 750 businesses in Lodi. He noted that Lodi now has new design
standards in place, which eliminates the "big box" style. The Chamber and most of
Lodi want to preserve the agricultural land that surrounds the community; however, the
Wal-Mart Supercenter and other projects currently being considered are within the City
limits and zoned for commercial development. He stated that size does not
necessarily give an unfair advantage. The key of marketing is in how a business
differentiates itself from another. He encouraged Council to take a stance on the issue
and oppose a size limitation. In reference to the moratorium, he asked Council not to
penalize businesses for something that may or may not be on the ballot in November.
Council Member Hitchcock asked Mr. Patrick if the Chamber discussed the social
impacts of "big -box" development. She stated that when a Wal-Mart Supercenter was
constructed in Las Vegas, 18 Raley's stores closed. She intimated that it is
eliminating the middle class and suggested that getting good prices — has a price.
Mr. Patrick replied that the Chamber and its members believe in the principle of free
enterprise. The Chamber encourages people to vote every day, economically, by where
they choose to spend their dollars.
oo Joe Pacino was opposed to the proposed Wal-Mart Supercenter. He stated that Wal-
Mart forces its top 100 suppliers to outsource its jobs to "practically slave labor." China
imports 10% of its retail to Wal-Mart. He urged Council to place the size limitation
matter on the November ballot.
00 Dean Meier supported a size limitation measure being placed on the November ballot
and a moratorium on large retail businesses until the election. He cited negative
impacts on economics, social issues, traffic congestion, and pollution as reasons to
oppose the Wal-Mart Supercenter.
00 Lois Poole mentioned that she was born in Lodi 65 years ago, works for Wal-Mart, has
medical benefits, and is treated fairly.
oo Ann Cerney, representing Citizens for Open Government, expressed support for placing
the 100,000 square foot size limitation on retail establishments on the ballot and
adoption of a moratorium until November. She urged Council to conduct a cost benefit
ration study, noting that the City of Los Angeles has gathered data, which shows that
developments with large retail stores costs more in additional public services, e.g.
police and fire, than they generate in sales tax revenue.
Mayor Hansen suggested Council place a measure on ballot if the initiative proponents
are not able to gather a sufficient number of signatures in time to qualify for the
November election. He stated that from a holistic perspective he believes that the Wal-
Mart Supercenter proposal is good for the City; however, because there is so much
concern in the community, he is in favor of placing the matter on the ballot for a public
vote.
Continued April 7, 2004
oo Tony Arnaiz asked Council to allow the size limitation proposal to be decided by the
voters. He opposed all "big -box" development, as he believed existing businesses
would suffer and it would result in lost jobs and revenue.
00 Laddie Erbele, representing the Sierra Club, Delta Sierra Group, Mother Lode Chapter,
believed the matter being discussed is a global issue. She expressed concern about
the rapid growth of ever larger retail establishments. Given the rate at which prime
agricultural land is disappearing in California and the poor air quality in San Joaquin
County, she could not support the premise that sizes for retail establishments can
continue to grow unchecked in the name of free enterprise. She supported size limits
as part of retail design guidelines, a ballot initiative, and a moratorium. She urged
Council to adopt the initiative as drafted by the Small City Preservation Committee.
00 Robin Knowlton, member of the Small City Preservation Committee, asked that Council
adopt the initiative as drafted by the Committee for placement on the November ballot
and to place a moratorium on all retail development above 100,000 square feet until
after the election. She believed that "supercenters" have hidden costs such as
displacing locally owned businesses, increasing traffic congestion, placing large
burdens on public infrastructure, discouraging new businesses, and degrading the look
of the City. Pressure for converting farmland will increase and farms and wineries
adjacent to these businesses will be negatively impacted.
oo Alex Quinlivan, employee of Wal-Mart, voiced support for the proposed Supercenter for
the convenience it will offer to its customers. He commented that Lodi will continue to
grow whether it is desired or not.
00 Patricia Wallace enjoys the small town environment that Lodi offers and believed that
"big -box" retailers would diminish the economy and shut down "mom and pop" stores.
She expressed support for the size limitation and moratorium on large retail
establishments.
00 Elizabeth Hernandez, employee of Food for Less, stated that a Wal-Mart Supercenter
would harm existing grocery stores and cause loss of jobs. She favored the matter
going before a vote of the people.
oo Chris Wallace, employee of Wal-Mart, stated that the company has grown through
good business practices and has been a benefit to the community. The corporation
believes the Lodi community is large enough to support a Supercenter. He noted that
consolidation into one store makes more sense than having two 70,000 square foot
buildings side by side. He urged Council to make a decision on the matter as it
represents all the people of Lodi, whereas placing a measure on the ballot will cause it
to be decided by special interest groups.
oo Christy Deschamp stated that she likes Lodi's small, safe environment. She
expressed support for a size limitation on large retail establishments and a moratorium
until the matter is decided at an election.
oo An unidentified/disguised individual noted that a Wal-Mart Supercenter is being
constructed in Stockton, just ten miles away. He believed that existing stores would
suffer if a Supercenter is built in Lodi. He suggested that Council adopt a size
limitation of 135,000 to 150,000 square feet on all future retail establishments and
review the matter every three to five years.
00 Darryl Browman stated that he is a retail developer and opposed to a size limitation.
Since an application for the Wal-Mart Supercenter was submitted one and a half years
ago, Raley's, Lakewood Mall, and Target are all considering remodeling and expanding.
Mr. Browman attributed this to competition. He urged Council not to impose a
moratorium. He asked that projects be allowed to continue through the process and
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Continued April 7, 2004
decision phases with a condition based on the outcome of the vote, should one occur.
Mr. Browman reported that he is currently in negotiations with a tenant for the existing
Wal-Mart building and a moratorium would jeopardize his ability to finalize an
agreement, due to the uncertainty of an occupancy date.
Council Member Hitchcock and Mayor Hansen disclosed that they met with
Mr. Browman previously. Mayor Hansen assured the public that if a ballot measure on
this issue goes forward, no one will be allowed to "slip under the wire" and build a
project.
oo Vincent Sayles desired Lodi to retain its small, quaint character. He believed that Wal-
Mart had negative employee conditions, would ravage the land, and is motivated by
greed.
00 Kerry Dunnihou stated that there were already an adequate number of grocery stores in
Lodi for the population, especially in the area of Lower Sacramento Road and
Kettleman Lane. More homes are planned near that location and the traffic is already
congested. He asked Council to place the issue of size limitations on the ballot.
00 Mary Corralez, employee of S -Mart Foods, expressed concern for her colleagues and
small businesses if the Wal-Mart Supercenter is allowed to be built. She urged Council
to place the matter on the ballot for public vote.
00 Raleigh Morrow stated that Wal-Mart pays a larger payroll to the City than it makes in
profits from the store in Lodi. He pointed out the paradox in trying to build up the
community, sell Lodi wine around the world, and bring in tourists — alongside people
saying they do not want to see Lodi change, many of whom moved here just a few
years ago.
oo Jeanne Marrow expressed support for Wal-Mart Supercenters and the way they are
operated. She urged Council to show strong leadership and allow the project to
proceed. She noted that there was no opposition to other large grocery store chains as
they came into the community over the years.
oo Virginia Lahr explained that she is a customer of Wal-Mart because of its low prices
and commended the organization for its contributions to the community. She
supported the Wal-Mart Supercenter proposal and did not believe it would negatively
affect existing businesses. She pointed out that there was no opposition to the Lowe's
project or the Rancho San Miguel Market, both of which are "big -box" retail.
00 Frieda Parton disagreed with statements alleging that Wal-Mart puts others out of
business. She was against a size limitation and believed that using good design
standards can make any size building attractive.
00 Ninfa Herrera urged Council to allow the public to vote on the issue and expressed
concern that the Wal-Mart Supercenter would put existing stores out of business.
oo Ann Hughes voiced support for a ballot measure.
In answer to Council Member Howard, Interim City Attorney Schwabauer stated if the
initiative was successful, buildings already constructed would be grandfathered in and
would not be subject to its requirements. The proposed initiative addresses 100,000 square
feet in gross floor area, so two 70,000 square foot buildings could be placed side by side
and not be over the size limitation.
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Continued April 7, 2004
Council Member Howard disclosed that she met with Mr. Browman and a representative
from Wal-Mart. Ms. Howard stated that she was not in favor d establishing a ballot
measure related to "big -box" size limits. She believed it to be the role and responsibility of
the Council to make decisions on issues that come before the City. She noted that a
citywide survey has been conducted, which allowed a way for Council to receive information
from the community. She believed that the proper course of action would be to allow the
initiative proponents to proceed, rather than Council bypassing the process and placing a
measure on the ballot. She reported that a number of communications received by Council
from citizens said that they did not want a Wal-Mart Supercenter, but would want a Macy's,
Nordstrom, or Costco store. She pointed out that this would not be possible if a 100,000
square foot size limitation was imposed. Most businesses would not look favorably upon
coming to Lodi if they had to wait a year or more for an election to find out whether or not
they would be accepted in the community. Ms. Howard was opposed to placing a
moratorium on large retail projects. Some projects have been in consideration for over a
year and it would be unfair to stop them in anticipation of a ballot initiative that may or may
not come to fruition.
Council Member Land disclosed that he spoke with Mr. Browman, a representative from
Wal-Mart, and many others about this issue. Mr. Land stated that he has seen the
drawings for the proposed Wal-Mart Supercenter and believed that it would be one of the
nicest looking buildings in the City. He asked if Wal-Mart were to build two 100,000 square
foot buildings side by side with a breezeway between them, whether it would be within the
proposed initiative's guidelines, to which Community Development Director Bartlam
answered in the affirmative. Mr. Land recalled that when the 165,000 square foot Lowe's
project was being considered he received a call from a local land use attorney. At that time
the proposal was for a Winco grocery retail store and a Lowe's store. The land use
attorney, who also represented the unions, told him that the supermajority of opposition to
the project would go away if the Winco store was removed from the project. This in fact did
take place, and there was no further opposition. He asked Council and the public to
consider what the real issues are. He found it ironic that eight years ago Council was
considering whether to place a minimum size of 50,000 square feet on retail establishments
in what was then called the "Four Corners" shopping center. Mr. Land stated that he would
support a moratorium if the initiative qualifies for the ballot, but in the meantime projects
should be allowed to move forward through the process.
Mayor Pro Tempore Beckman noted that shortly after he asked that this item be placed on
the agenda, the Small City Preservation Committee filed its intent to circulate a petition.
He had suggested a size limit of 60,000 square feet; however, the Committee believed it to
be too extreme. He originally saw this as an opportunity for Lodi to define itself as a small
town. He believed the 100,000 square foot size limit was not the right choice, and that the
requirement for any business over that size to first go through a public vote is bad business.
Mr. Beckman stated that he would oppose the ballot initiative.
Council Member Hitchcock reported that Wal-Mart is the largest political action committee
in the United States. It has contributed to 49% of all of the sitting legislators on the federal
level. Wal-Mart had the largest corporate profit in the United States last year at $245
billion. Ms. Hitchcock noted that they have the potential to make an impact, and she is
trying to explore whether it is positive or negative. She expressed a desire to have more
information on analysis by cost benefits to the City. She supported the matter going to a
public vote through the initiative process and placing a moratorium on projects until the
election results are known. She expressed concern about the added expense of
conducting a special election.
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Continued April 7, 2004
In answer to Council Member Hitchcock, City Clerk Blackston explained that if the initiative
proponents are successful in obtaining signatures from 15% (3,950) or more of the
registered voters in the City of Lodi, it would qualify for a special election to be held not less
than 88 days nor more than 103 days after the date the Council orders the election;
whereas, 10% (2,634) would qualify the petition for the next regular election. She noted
that the initiative proponents have 180 days from the date of receipt of the ballot title and
summary to collect the signatures.
In response to Council Member Hitchcock, Interim City Attorney Schwabauer reported that
there is case law that indicates a moratorium can only apply to the final act of project
approval.
Mayor Hansen did not think that government should interfere with the free enterprise
system. He pointed out that Food for Less is building the Rancho San Miguel Market on
the east side, which will compete with smaller businesses near that location. Now that a
store may compete with Food for Less it has an issue with the size, etc. He recalled that
when Food for Less first came to Lodi no one thought it was the City's obligation to protect
the jobs of employees of existing grocery stores. He believed that large retail projects
should be allowed to continue through the process with final approval contingent upon the
outcome of the vote. He suggested that whether or not the required number of signatures
are obtained by the initiative proponents, the matter should go before a vote of the people in
November.
MOTION #1:
Council Member Hitchcock made a motion, Hansen second, that Council not place a
measure establishing big -box size limits on the November 2, 2004, ballot, but to support
citizens bringing forward an initiative.
DISCUSSION:
Interim City Attorney Schwabauer believed it was premature of Council to make a decision
about the proposed initiative prior to it being filed and verified.
Mayor Pro Tempore Beckman and Council Members Howard and Land expressed
agreement with Mr. Schwabauer's statement.
VOTE:
The motion failed by the following vote:
Ayes: Council Members — Hitchcock and Mayor Hansen
Noes: Council Members — Beckman, Howard, and Land
Absent: Council Members — None
MOTION #2:
Council Member Hitchcock made a motion, Beckman second, to impose a moratorium on
final approval for big -box retail (100,000 square feet or greater) until voters take a position on
the issue at an election, for which the citizen initiative qualifies.
DISCUSSION:
Mayor Hansen asked if the initiative passed, whether it would prevent the expansions of
existing businesses.
Mr. Schwabauer answered in the affirmative, explaining that when an existing business
applies for a permit, it would lose its grandfather status.
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Continued April 7, 2004
Community Development Director Bartlam agreed, noting that the planned Target
expansion, which is anticipated to be ready for approval prior to November, would be
delayed or prevented from occurring if the initiative passed. The motion under consideration
would allow processing of the application to continue; however, it would not be scheduled
for a hearing. In his opinion the initiative would not affect the proposed remodel and
expansion of the Raley's or Lakewood Mall because neither has over 100,000 square foot
uses. It would effect the application for the Target expansion and proposed Wal-Mart
Supercenter.
RECESS
At 9:07 p.m., Mayor Hansen called for a recess, and the City Council meeting reconvened at
9:20 p.m.
REGULAR CALENDAR (Continued)
1-5 Interim City Attorney Schwabauer stated that pursuant to Government Code §65858, in
(Cont'd.) order to adopt an interim ordinance Council must make a finding that there is a current and
immediate threat to the public health, safety, or welfare and that the approval of additional
subdivision, use permits, variances, building permits, or any other applicable entitlement for
use, which is required in order to comply with a zoning ordinance, would result in that threat
to public health, safety, or welfare. He suggested that Council allow him an opportunity to
come back with draft language for the interim ordinance and recommended that it be
considered following a public hearing. He noted that an interim ordinance requires a 4/5
vote to pass.
Mayor Pro Tempore Beckman withdrew his second, and the motion died for lack of a
second.
In answer to Mayor Hansen, Mr. Bartlam explained that approvals on projects are final at
the Planning Commission level unless appealed to the City Council. Staff would not
schedule a public hearing before the Planning Commission if a moratorium was in place
because there would be no point in holding a public hearing without the ability to take final
action.
Discussion ensued on various scenarios and timelines to qualify a petition for the November
ballot or for a special election.
In response to Mayor Pro Tempore Beckman, Darryl Browman reiterated his suggestion
that Council allow projects to proceed through the process with a condition of approval
contingent upon the election results. He offered to provide an agreement to that effect.
VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING
The City Council, on motion of Council Member Howard, Hitchcock second, unanimously voted to
continue the meeting following the 11:00 p.m. hour, but to consider only Items 1-3 and J-1 through J-
2 (Ordinances).
REGULAR CALENDAR (Continued)
1-3 "Adopt resolution approving an agreement between City of Lodi and Spare Time, Inc., dba
Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club facilities for the period
of May 31, 2004 to July 25, 2004"
Parks and Recreation Director Goehring described the background related to the agreement
between the City and Twin Arbor Athletic Club. He and Dennis Kauffman, General Manager
of Twin Arbor, worked collaboratively on amending the agreement, and staff met with
summer swim league coaches and coordinators to revise the summer swim league bylaws.
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Continued April 7, 2004
He assured Council that all interested parties are satisfied with the changes. The Twin
Arbors Memorandum of Understanding now clarifies the content and more clearly defines
what is expected of the Club and its coach. The summer swim league bylaws were
changed to ensure parity and define the responsibilities of coaches. All coaches were
provided an opportunity to review the draft bylaws and make recommended changes before
they were finalized. He noted that coaches involved in last summer's controversy are no
longer affiliated with the program.
MOTION / VOTE:
The City Council, on motion of Mayor Hansen, Beckman second, unanimously adopted
Resolution No. 2004-64 approving an agreement between City of Lodi and Spare Time, Inc.,
dba Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club facilities for the
period of May 31, 2004 to July 25, 2004.
REGULAR CALENDAR (Continued)
1-6 "Adopt resolution approving the job specification and salary range for the position of Fire
Administrative Captain and provide authorization to fill the position" was pulled from the
agenda due to the above vote.
J. ORDINANCES
J-1 Following reading of the title of Ordinance No. 1745 entitled, "An Ordinance of the Lodi City
Council Amending the Official Map of the City of Lodi and Thereby Prezoning the Parcel
Located at 5952 East Pine Street (APN 049-090-13) from San Joaquin County
A -U, Agricultural Urban Reserve, to M-2, Heavy Industrial," having been introduced at a
regular meeting of the Lodi City Council held March 17, 2004, the City Council, on motion of
Mayor Pro Tempore Beckman, Howard second, waived reading of the ordinance in full and
adopted and ordered it to print by the following vote:
Ayes: Council Members — Beckman, Hitchcock, Howard, Land, and Mayor Hansen
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
J-2 Following reading of be title of Ordinance No. 1746 entitled, 'An Ordinance of the City
Council of the City of Lodi Amending Lodi Municipal Code Title 17, Zoning, by Adding
Chapter 17.58, Design Standards for Large Retail Establishments," having been introduced
at a regular meeting of the Lodi City Council held March 17, 2004, Mayor Pro Tempore
Beckman made a motion, Howard second, to waive reading of fie ordinance in full and
adopt and order it to print.
DISCUSSION:
Council Member Hitchcock explained that she would vote against the ordinance because
she preferred that the design standards include a conditional use permit requirement for any
project over 125,000 square feet to be considered by the Planning Commission with a right
of appeal to the City Council.
VOTE:
The above motion carried by the following vote:
Ayes: Council Members — Beckman, Howard, Land, and Mayor Hansen
Noes: Council Members — Hitchcock
Absent: Council Members — None
Abstain: Council Members — None
K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
None.
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Continued April 7, 2004
L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
oo City Manager Flynn announced that Mayor Hansen's birthday was on April 15.
00 Public Works Director Prima stated that he and Interim City Attorney Schwabauer attended a
groundwater symposium bday regarding investigation and remediation of dry cleaner release
sites. Mayor Hansen participated in the panel discussion and did an outstanding job.
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 1:11
a.m., Thursday, April 8, 2004, in memory of 1) Evelyn Hitchcock, mother of Council Member Susan
Hitchcock, and 2) Lance Gardenhier, a 19 -year-old who passed away on March 29, 2004.
ATTEST:
Susan J. Blackston
City Clerk
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