HomeMy WebLinkAboutMinutes - January 3, 2007LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JANUARY 3, 2007
C-1 CALL TO ORDER / ROLL CALL
The City Council Closed Session meeting of January 3, 2007, was called to order by Mayor
Johnson at 5:30 p.m.
Present: Council Members — Hansen, Katzakian [excluding C-2 (b) and C-2 (c)], Mounce, and
Mayor Johnson
Absent: Council Members — Hitchcock
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
C-2 ANNOUNCEMENT OF CLOSED SESSION
a) Conference with Blair King, City Manager, and Jim Krueger, Deputy City Manager (Acting
Labor Negotiators), regarding Lodi City Mid -Management Association, Maintenance and
Operators and General Services Groups, Police Officers Association, Professional
Firefighters, and Fire Mid -Managers pursuant to Government Code §54957.6
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) 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 a1., United States
District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM
d) Prospective Acquisition of Real Property for Street Easement Deed Dedications from
Certain Property Owners Located within the Lockeford Street Widening Project Limits, Lodi,
California, for Right -of -Way; the Negotiating Parties are Michael Guddal
(APN #041-230-35); Cuong Van and Nhai Le (APN #041-230-42); Douglas A. and Susan
Larsson (APN #041-230-08); Dale and Susan Werner, Jr. (APN #041-230-34), and City of
Lodi; Government Code §54956.8
e) Prospective Acquisition of Real Property for Street Easement Deed Dedications from
Certain Property Owners Located within the Turner Road/Lower Sacramento Road Project
Limits, Lodi, California, for Right -of -Way; the Negotiating Parties are General Mills (APN #s
015-230-31 and 015-230-40), Lodi Unified School District (APN # 015-170-10), and City of
Lodi; Government Code §54956.8
C-3 ADJOURN TO CLOSED SESSION
At 5:30 p.m., Mayor Johnson adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:35 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:00 p.m., Mayor Johnson reconvened the City Council meeting, and City Attorney Schwabauer
disclosed the following actions.
In regard to Item C-2 (a), a status report was provided.
In regard to Items C-2 (b), C-2 (c), C-2 (d), and C-2 (e), direction was provided.
A. CALL TO ORDER / ROLL CALL
The Regular City Council meeting of January 3, 2007, was called to order by Mayor Johnson at 7:00
p.m.
Present: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Absent: Council Members — Hitchcock
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
Continued January 3, 2007
B. INVOCATION
The invocation was given by Ken Owen, Christian Community Concerns.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Johnson.
D. AWARDS / PROCLAMATIONS / PRESENTATIONS
D-1 Awards — None
D-2 Proclamations — None
D-3 Presentations — None
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Mayor Johnson, Mounce second, approved the following items hereinafter set forth except those
otherwise noted by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
E-1 Claims were approved in the amount of $2,489,108.25.
E-2 The minutes of October 3, 2006 (Shirtsleeve Session), October 10, 2006 (Shirtsleeve
Session), December 19, 2006 (Shirtsleeve Session), December 20, 2006 (Regular
Meeting), and December 26, 2006 (Shirtsleeve Session) were approved as written.
E-3 Accepted the Quarterly Investment Reports as required by law (Senate Bill 564).
E-4 "Adopt Resolution Awarding the Contract for Roof Replacement Improvements at Legion
Park, 835 South Hutchins Street, and Kofu Park, 1145 S. Ham Lane, to Diede
Construction, of Woodbridge, CA, ($121,128.66)" was removed from the Consent
Calendar and discussed and acted upon following approval of the Consent Calendar.
E-5 Adopted Resolution No. 2007-01 accepting the improvements under "Blakely Park
Playground at 1050 South Stockton Street" contract in the amount of $210,357.80.
E-6 Adopted Resolution No. 2007-02 approving a six-month extension of lease of Maple Square,
2 East Lodi Avenue, for the period of January 1, 2007 to June 30, 2007.
E-7 Adopted Resolution No. 2007-03 authorizing the destruction of certain records retained by
the City Attorney's Office.
E-8 Set public hearing for February 7, 2007, to consider implementation of a new Substation
and Transmission System Charge to be assessed as a development impact fee upon future
electric utility customers outside existing City boundaries and making corresponding
amendments to the applicable Electric Utility Department Rules and Regulations.
W
Continued January 3, 2007
ACTION ON ITEM REMOVED FROM THE CONSENT CALENDAR
E-4 "Adopt Resolution Awarding the (bntract for Roof Replacement Improvements at Legion
Park, 835 South Hutchins Street, and Kofu Park, 1145 S. Ham Lane, to Diede
Construction, of Woodbridge, CA, ($121,128.66)"
In response to Mayor Pro Tempore Mounce, Parks and Recreation Director Goehring stated
the estimate was off because of last-minute Americans with Disabilities Act requirements
and a reengineering and restructuring of the entire building. He stated the Kofu project is
under budget.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, adopted
Resolution No. 2007-04 awarding the contract for Roof Replacement Improvements at
Legion Park, 835 South Hutchins Street, and Kofu Park, 1145 S. Ham Lane, to Diede
Construction, of Woodbridge, CA, in the amount of $121,128.66. The motion carried by the
following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
None
G. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS
00 Mayor Pro Tempore Mounce requested staff research the sound quality for broadcasting City
Council meetings via cable and the Internet.
00 Mayor Johnson also requested research of sound quality and suggested reviewing the
functionality of the Lodi Animal Shelter Task Force.
H. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS
co City Manager King stated the comments regarding sound quality are appreciated and staff will
review the same.
PUBLIC HEARINGS
None
J. COMMUNICATIONS
J-1 Claims Filed Against the City of Lodi — None
J-2 The following postings/appointments were made:
a) The City Council, on motion of Mayor Pro Tempore Mounce, Hansen second, made
the following appointments of City Council Members to fill vacancies on various
boards, commissions, and committees by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
Greenbelt 2x2x2 Committee
Bob Johnson Unspecified term limit
Northeastern San Joaguin County Groundwater Banking Authority
Phil Katzakian, Delegate Unspecified term limit
Continued January 3, 2007
San Joaquin Council of Governments Delta Protection Commission
JoAnne Mounce Unspecified term limit
San Joaquin County Flood Control and Water Conservation District
Phil Katzakian, Delegate Term to expire February 26, 2009
San Joaquin Mokelume River Water and Power Authority
Bob Johnson, Delegate Unspecified term limit
San Joaquin County Solid Waste Management Task Force
Phil Katzakian Unspecified term limit
San Joaquin Partnership
JoAnne Mounce, Alternate Unspecified term limit
b) The City Council, on motion of Council Member Hansen, Mounce second,
re -posted for the following expiring terms by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
Recreation Commission
Ken Sasaki Term expired December 31, 2006
Ed Wall, Jr. Term expired December 31, 2006
Barbara Wardrobe -Fox Term expired December 31, 2006
Site Plan and Architectural Review Committee
Keith Selleseth Term to expire January 31, 2007
J-3 Miscellaneous — None
K. REGULAR CALENDAR
K-1 "Receive and File the City's Comprehensive Annual Financial Report (Fiscal Year
2005-06) by Macias, Gini & O'Connell, LLP"
City Manager King briefly introduced the subject matter regarding the City's Comprehensive
Annual Financial Report (CAFR).
Deputy City Manager Krueger introduced the auditor, Scott Bruener, from Macias, Gini and
O'Connell, stating a more comprehensive review of the contents of the CAFR will be
presented with the budget.
Mr. Bruener provided a brief summary of the audit report and offered to answer questions.
In response to Mayor Pro Tempore Mounce, Mr. Bruener stated the City has done a good
job of addressing the proposed changes from last year. He stated the supplement to the
draft report was not issued, but it will not be significantly different.
In response to Mayor Johnson, Mr. Bruener stated he will be available to answer questions
when the final report is issued.
In response to Council Member Hansen, Mr. Bruener stated the Community Development
Department, specifically the area handling the Community Development Block Grant
(CDBG) program, can be strengthened and improved through more staffing, tracking, and
oversight. Mr. Bruener also acknowledged the need for proper administration at the
applicant, County, State, and Federal levels.
City Manager King stated the audit covers up to June 30"' and action was taken subsequent
to that. He stated the allocation of CDBG funds for the dedication of expertise was reviewed
and the County involvement through the consortium is a policy issue.
al
Continued January 3, 2007
Community Development Director Hatch stated a contract employee from Pacific Municipal
Consultants, who specializes in CDBG administration, was retained to assist with program
administration, timely fund disbursement to recipients, and auditing and providing
information. Mr. Hatch reviewed a graph regarding target, projected, and actual
expenditures and suggested the services provided through the County consortium be
reviewed.
In response to City Manager King, Mr. Bruener stated the fouls are minor, but the
information is still needed.
In response to Mayor Johnson, Mr. Hatch stated Lodi is an entitlement City.
In response to Mayor Johnson, Mr. Bruener and Mr. Hatch stated the fouls do not rise to
the level of sanctions.
In response to Council Member Hansen, Mr. Hatch stated the Lodi -Stockton metropolitan
name reference is a result of Lodi being the first City to reach over 50,000.
In response to Mayor Pro Tempore Mounce, Mr. Bruener stated the method by which a
particular department is chosen to audit involves a risk analysis of single programs of
$300,000 or more and previous findings.
At the request of City Manager King, Mr. Bruener provided an overview of Governmental
Accounting Standards Board (GASB) 45, discussing topics including reporting
requirements, public information, reporting of post retirement benefits and funding liability
regarding the same, sick leave conversion, and the likelihood that the City will fair well in its
accounting for GASB 45.
In response to Mayor Pro Tempore Mounce, Mr. Bruener stated phase implementation
requires the City comply with GASB 45 by 2008. Mr. Krueger stated the City will contract
for an actuarial and he anticipates the results will be similar to what is anticipated now.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, received and filed
the City's Comprehensive Annual Financial Report (Fiscal Year 2005-06) by Macias, Gini &
O'Connell, LLP. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-2 "Discuss and Select Project Nominations for San Joaquin Council of Governments' One
Voice Trip"
City Manager King briefly introduced the subject matter of nominating projects for the One
Voice trip. General topics of discussion included the purpose of the trip, the process of
nominating projects through the San Joaquin Council of Governments PJCOG), and the
nomination of two specific projects including the Police and Fire training facility and
Highway 99 interchange improvements.
Public Works Director Prima provided an overview of the Highway 99 interchange
improvement projects including Turner Road, Victor Road, Harney Lane, Lockeford Street,
Lodi Avenue, rails, and trails for a bike route.
Council Member Hansen suggested nominating the Highway 99 interchange improvements
to bring awareness to the projects.
5
Continued January 3, 2007
In response to Mayor Johnson, Mr. Prima stated they are moving forward with the Highway
12 project and avaiting a meeting with the new supervisors. He stated funds are being
collected and State funding may be available. Mr. Prima stated the project involves shoulder
and interchange improvements, which were a part of the original design, and that additional
information would be available in three to four weeks.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated the projects are not on the
priority list, which generally consists of projects in the central and southern portion of the
County, and Measure K looks at funding for the next 30 years.
In response to Mayor Pro Tempore Mounce, Mr. Prima stated while there is a concern
about spending money for highway projects in a timely manner, it does send a message
and put more pressure on SJCOG to assist.
Discussion ensued between Mayor Johnson and Council Member Hansen regarding the
potential for funding from the newly seated congress and SJCOG changing its priority of
projects.
City Manager King stated SJCOG staff is working diligently to make the trip meaningful and
will hold a sponsorship event for the legislators in conjunction with the Wine Grape
Commission.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, selected the
Highway 99 interchange improvements project to be nominated for the San Joaquin Council
of Governments' One Voice trip by the vote shown below:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
K-3 "Approve Expenses Incurred by Outside Counsel/Consultants Relative to the Environmental
Abatement Program Litigation and Various Other Cases being Handled by Outside Counsel
($378,517.20)"
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Hansen second, approved the expenses
incurred by outside counsel/consultants relative to the Environmental Abatement Program
litigation and various other cases being handled br outside counsel in the amount of
$378,517.20, as detailed below and shown by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
Folger Levin & Kahn - Invoices Distribution
Matter Invoice Water Acct.
No. No. Date Description Amount
8002
98563
10/31/2006
People v. M&P Investments
$ 75,922.80
$ -975.00
8003
98489
10/31/2006
Hartford Insurance Coverage Litigation
$209,235.30
$ -670.00
Add Hartford Cost from Envision Invoice
$ 1,264.00
8005
98566
10/31/2006
Unigard Insurance Litigation
$ 566.00
8008
98564
10/31/2006
City of Lodi v. Envision Law Group
$ 41,649.94
Deduct Hartford Cost
$ -1,264.00
6345
08/31/2006
West Environmental/Krasnoff
$ 1,462.50
6425
09/30/2006
West Environmental/Krasnoff
$ 1,682.50
6458
10/31/2006
West Environmental/Krasnoff
$ 14,190.00
Oct -Nov 2006
Clint Miller, Expert
$ 13.179.50
Total
$356,243.54
6
Continued January 3, 2007
Kronick Moskovitz Tiedemann & Girard - Invoices Distribution
Invoice No. Date Description Amount 100351.7323 Water
229490
11/25/06
General advice 3,895.20 3,895.20
229490
11/25/06
Claims by Environmental Consult. 602.03 602.03
229490
11/25/06
Citizens for Open Govt. v. City of Lodi 667.90 667.90
229490
11/25/06
AT&T v. City of Lodi 1.062.85 1.062.85
JAMS Mediation Services
00001207867-110
00001218431-110
0001231054-110
$10.147.50
L. ORDINANCES
Total $6,227.98 $5,625.95 $602.03
10/06/2006 People v. M&P Investments
10/31/2006 People v. M&P Investments
11/30/2006 People v. M&P Investments
Total
Water Acct.
$ 2,108.34
$ 3,789.84
$16,045.68
L-1 "Introduce Ordinance Amending Title 12 — Streets, Sidewalks, and Public Places — Chapter
12.06, 'Downtown Lodi Business Improvement Area No. 1,' by Repealing and Reenacting
Section 12.06.050, `Establishment of Benefit Fee"'
City Attorney Schwabauer provided a brief overview of the proposed ordinance.
In response to Mayor Pro Tempore Mounce, City Manager King stated the reason for two
sets of invoices is that the assessment and ordinance revision were brought to Council at
different times. He stated the dates will be coordinated in the future and setting the fee by
resolution will aid in the process.
PUBLIC COMMENTS:
0o Chuck Easterling spoke in favor of the proposed ordinance and stated he was frustrated
with the process for implementing the assessment. Council Member Hansen stated the
implementation process will be made easier by resolution, but it will still require some
time between the assessment approval and implementation. City Attorney Schwabauer
stated implementation originally was by ordinance and the pending approval will change
it to implementation by resolution.
0o Ann Cemey spoke in opposition to the proposed ordinance based on concerns
regarding the matter was left open as to the validity of the protest, the protest
procedure, and discrepancies in the list utilized to conduct the protest. City Attorney
Schwabauer stated the public hearing was closed after the protest was held and the
matter was completed. In response to Mayor Johnson, City Manager King stated staff
will be as lenient as possible with penalties.
Mayor Pro Tempore Mounce stated she cannot support the proposed ordinance because
she believes an audit is needed.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Johnson second, htroduced
Ordinance No. 1789 amending Title 12 — Streets, Sidewalks, and Public Places — Chapter
12.06, "Downtown Lodi Business Improvement Area No. 1," by repealing and reenacting
Section 12.06.050, "Establishment of Benefit Fee." The motion carried by the following
vote:
Ayes: Council Members — Hansen, Katzakian, and Mayor Johnson
Noes: Council Members — Mounce
Absent: Council Members — Hitchcock
7
Continued January 3, 2007
RECESS
At 8:30 p.m. Mayor Johnson called for a recess, and the City Council meeting reconvened at
8:38 p.m.
L. ORDINANCES (Continued)
L-2 "Introduce Ordinance Amending Lodi Municipal Code, Title 9 — Public Peace, Morals, and
Welfare — Chapter 9.08, 'Offenses Against Property,' by Repealing and Reenacting Section
9.08.080, 'Definitions,' Adding Section 9.08.115, 'Loitering in Certain Public Places
Prohibited,' and Deleting Section 9.08.160, 'Violation — Infraction"'
Lt. Chet Somera provided a PowerPoint presentation (filed) regarding the proposed loitering
ordinance. General topics of discussion included background, history of findings of the 2x2
Committee consisting of the City and School District, identifying problems, the
stakeholders, Stockton ordinance regarding the same, intent of the ordinance, supporters,
and staff recommendations.
In response to Council Member Hansen, Lt. Somera stated the ordinance does not apply to
a person who is walking the track or simply playing basketball without other circumstances
because the officer will enforce the spirit of the law as well as the letter of the law. He
stated the ordinance is similar to the curfew ordinance and is a tool for law enforcement to
curtail illegal activity.
Discussion ensued between Council Member Hansen, Mayor Pro Tempore Mounce, Mayor
Johnson, City Manager King, and Lt. Somera regarding posting, timing, sign requirements,
and enforcement at schools, recreation, and community centers.
PUBLIC COMMENTS:
oo Ann Cerney spoke in opposition to the proposed ordinance based on her concern that
the ordinance is vague. City Attorney Schwabauer stated the ordinance is clear in that
it is unlawful to enter a posted site at a prohibited time. He said the only question is
whether or not a citation will result.
0o Police Chief Jerry Adams spoke in favor of the proposed ordinance, stating the
ordinance is a law enforcement tool to help prevent damage before it has occurred in
problematic areas. He stated other cities have similar ordinances that have been
successful and he is confident that the officers will enforce both the spirit of the law as
well as the letter of the law.
oo Shawn Reilly spoke in favor of the proposed ordinance, stating the ordinance is needed
if the time limits are properly posted.
MOTION / VOTE:
The City Council, on motion of Mayor Johnson, Mounce second, introduced Ordinance No.
1790 amending Lodi Municipal Code, Title 9 — Public Peace, Morals, and Welfare — Chapter
9.08, "Offenses Against Property," by repealing and reenacting Section 9.08.080,
"Definitions," adding Section 9.08.115, "Loitering in Certain Public Places Prohibited," and
deleting Section 9.08.160, "Violation — Infraction." The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
L-3 "Introduce Ordinance Amending Lodi Municipal Code, Title 9 — Public Peace, Morals, and
Welfare — to Add Chapter 9.15, 'Prohibition Against Certain Forms of Aggressive
Solicitation"'
Sgt. Tod Patterson provided a PowerPoint presentation (filed) regarding the aggressive
solicitation ordinance. General topics of discussion included the historical background of
the proposed ordinance, stakeholders, research of neighboring cities, and staff
recommendations.
Continued January 3, 2007
PUBLIC COMMENTS:
co Christopher Bovenkerk, Co -Manager of the Lodi Wal-Mart, spoke in favor of the
proposed ordinance based on his concerns regarding prior experience with aggressive
solicitors and customer safety.
In response to Mayor Johnson's question regarding pursuing customers in the parking
lot during daylight and night time, Deputy City Attorney Magdich stated the proposed
ordinance places reasonable time, place, and manner restrictions while protecting the
First Amendment constitutional rights of individuals.
00 Bill Swift, representing Lowe's, spoke in favor of the proposed ordinance based on his
prior experience with aggressive solicitors and customer and employee complaints.
In response to Mayor Pro Tempore Mounce, City Manager King stated the ordinance
does not apply to the "Fill the Boot" event by the Fire Department in connection with
the proximity of the intersection; although, training is an option.
In response to Council Member Hansen, Deputy City Attorney Magdich stated the
ordinance applies to aggressive solicitors only, and similar ordinances have been used
successfully in other communities to curtail aggressive behavior by solicitors.
00 Pete Iturraran of the Lodi Fire Department spoke in favor of the ordinance and provided
an overview of the "Fill the Boot" event.
00 Brad Clark, representing Food 4 Less, spoke in favor of the proposed ordinance based
on similar experiences as described by the Wal-Mart and Lowe's representatives.
co Ann Cemey spoke in opposition to the proposed ordinance based on concerns
regarding protections for political signature gathering. In response to Mayor Pro
Tempore Mounce, Deputy City Attorney Magdich stated political signature gathering is
not prohibited by the ordinance.
00 Doug Campbell spoke in favor of the proposed ordinance based on past experiences
and if the "Fill the Boot" operation is not affected.
co Shawn Reilly spoke in favor of the proposed ordinance based on past experiences and
if proper permits are obtained.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, htroduced
Ordinance No. 1791 amending Lodi Municipal Code, Title 9 — Public Peace, Morals, and
Welfare — to add Chapter 9.15, "Prohibition Against Certain Forms of Aggressive
Solicitation," as amended. The motion carried by the following vote:
Ayes: Council Members — Hansen, Katzakian, Mounce, and Mayor Johnson
Noes: Council Members — None
Absent: Council Members — Hitchcock
L-4 "Introduce Ordinance Repealing and Reenacting Chapter 5.32 of the Lodi Municipal Code
Pertaining to Massage Establishments"
Sgt. Steve Price provided a PowerPoint presentation (filed) regarding the proposed
massage ordinance. General topics of discussion included additions to the ordinance
including specific requirements for employees, unpermitted objects at establishments,
citizenship and legal residence, massage techniques, identification, inspections, hours of
operation, alcoholic beverages and drugs, and license requirements.
9
Continued January 3, 2007
Discussion ensued between Council Member Hansen, Sgt. Price, and Officer Dale
Eubanks regarding the Stockton massage ordinance and enforcement, current suspect
operations, similar ordinances in other cities, and advertisements for massage parlors in
the City.
In response to Mayor Johnson, Officer Eubanks stated he is unsure of the exact number of
massage businesses, but it is likely between 25 and 30.
Public Comments:
00 Diane Bean spoke in favor of the proposed ordinance, but in opposition to the provision
regarding locked doors based on her concern for safety of sole proprietors, including
her daughter.
00 Pat Patrick of the Chamber of Commerce spoke in favor of the proposed ordinance, but
in opposition to the provision regarding locked doors based on a concern for the safety
of sole proprietors.
co Sheila Newfeld of Wine and Roses Spa spoke in favor of the ordinance.
00 Mayor Pro Tempore Mounce stated Lynn Edwards, a massage business owner, asked
her to convey her support of the ordinance.
Discussion ensued between Mayor Pro Tempore Mounce, Mayor Johnson, and Deputy
City Attorney Magdich regarding the locked door provision, options for sole proprietors,
and the requirement in the current ordinance. Officer Eubanks and City Manager King
stated the goal is to target illegitimate businesses and it will be difficult and costly to
differentiate between businesses.
co Sheila Newfield made a suggestion regarding remote controlled access doors.
00 Diane Bean made a suggestion regarding permits and clearance.
Chief Jerry Adams stated the Special Investigations Unit acts based on a complaint basis
only, which eliminates the bgitimate businesses. He stated lock boxes and keys will
greatly hinder officers and reviewed the appeals process available in the ordinance.
MOTION / VOTE:
The City Council, on motion of Council Member Hansen, Mounce second, htroduced
Ordinance No. 1792 repealing and eenacting Chapter 5.32 of the Lodi Municipal Code
pertaining to massage establishments, as amended. The motion carried by the following
vote:
Ayes: Council Members — Hansen, Katzakian, and Mounce
Noes: Council Members — Mayor Johnson
Absent: Council Members — Hitchcock
M. ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at
10:13 p.m.
ATTEST:
Randi Johl
City Clerk
10