HomeMy WebLinkAboutMinutes - May 23, 2017LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MAY 23, 2017
A. Call to Order / Roll Call
The Adjourned Regular City Council meeting of May 23, 2017, (adjourned from meeting of
May 17, 2017) was called to order by Mayor Kuehne at 7:03 a.m.
Present: Council Member Chandler, Council Member Johnson, Council Member Mounce,
Mayor Pro Tempore Nakanishi, and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
B. Ordinances
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Adopt Ordinance No. 1943 Entitled, "An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 9 — Public Peace, Morals and Welfare — Section 9.12.010, 'Discharge
of Weapons and Fireworks — Fires,' and Repealing and Re -Enacting Chapter 9.13, 'Sale of
Fireworks,' in Its Entirety" (CLK)
Dennis Revell with Revell Communications requested Council reconsider the restriction on
discharging fireworks, which would limit fireworks use to one day, and that it work with community
organizations, the fireworks industry, and effected agencies to find a better solution to the
problem of illegal fireworks use.
Council Member Chandler agreed that illegal fireworks is the fundamental problem, but Council is
taking this action in response to citizen concerns. He stated he understands the fundraising
concern, but he believes it is unfair to allow non-profit organizations to make money on the peace
of mind of citizens.
John Hoskins with Phantom Fireworks stated he researched some of Council's concerns that
were raised at the last meeting on this topic relating to Post Traumatic Stress Disorder (PTSD)
and animals. He stated he discovered that most PTSD suffers are negatively effected by illegal
fireworks and the sound of a car backfiring than from safe and sane fireworks and that the
American Society for the Prevention of Cruelty to Animals has methods to help animals overcome
the sound of fireworks. He stated his primary concern is for non-profit organizations and the effect
this ordinance will have on their fundraising abilities. Mr. Hoskins stated non-profit organizations
raise an estimated $54,000 a year that goes back into the community and it is a continual
struggle for them to raise funds. He asked Council reconsider its decision to limit the discharge of
fireworks to one day.
Council Member Mounce stated she believed a Council Member dunk tank would make more
money for non-profit organizations than six booths selling fireworks. With regard to Mr. Hoskins'
comment regarding PTSD sufferers, Council Member Mounce stated her comment at the last
meeting regarding the effect of fireworks on Veterans was a result from her conversations with a
psychologist who specializes in PTSD, as well as with family members of Veterans.
Gina Valadez with the non-profit San Joaquin County organization, Bread of Life, requested
Council reconsider the restriction on the sale of fireworks in Lodi because non-profit organizations
continually struggle to raise money for resources to run their programs and to pay associated
expenses. She stated fireworks booths are a huge benefit for charitable organizations, as well as
for the community, and that illegal fireworks are the true problem.
Mayor Pro Tempore Nakanishi agreed that illegal fireworks are a problem and that Council is
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trying to resolve the situation following the surge in citizen complaints after last year's Fourth of
July. He further stated he realizes this is a fundraising opportunity for non-profit organizations but
pointed out there are significant costs to the City for enforcing the laws on the Fourth, which the
City cannot afford.
Ms. Valadez countered that non-profit organizations bring millions of dollars of products into a
community, but they need resources, which cost money, and this fundraising opportunity assists
in that regard.
Mayor Kuehne clarified that the restriction in the ordinance is on discharging fireworks, not selling
them. The ordinance does not change the number of days that non-profit organizations can sell
safe and sane fireworks.
Council Member Mounce made a motion, second by Council Member Chandler, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1943 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
Code Title 9 - Public Peace, Morals and Welfare - Section 9.12.010, 'Discharge of Weapons and
Fireworks - Fires,' and Repealing and Re -Enacting Chapter 9.13, 'Sale of Fireworks,' in Its
Entirety," which was introduced at a regular meeting of the Lodi City Council held May 3, 2017.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: Council Member Johnson
Absent: None
C. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
7:16 a.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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