HomeMy WebLinkAboutMinutes - June 7, 2017 SMLODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, JUNE 7, 2017
A. Call to Order / Roll Call
The Special City Council meeting of June 7, 2017, was called to order by Mayor Kuehne at
5:33 p.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. Announcement of Closed Session
B-1
Threatened Litigation: Government Code §54956.9(b); One Case; Potential Suit by
Spencer Dayton Regarding Alleged Brown Act Violation Per Government Code
Section 54960.1 (CA)
Spencer Dayton stated he submitted his letter to the City Council and the American Civil Liberties
Union regarding an alleged violation of the Brown Act after weeks of discussion and debate with
others including legal scholars, lawyers, and advisors because he believes that free speech
should be protected. He stated he believes the best option to cure the situation is to reopen the
public comments and allow all concerns to be voiced. Mr. Dayton offered to meet with the
City Manager to discuss the matter further and suggested the City take responsibility to ensure
this does not happen again.
In response to City Attorney Magdich, Mr. Dayton stated the legal scholars he referenced were
teachers at Humphreys University to whom he presented the situation in question.
City Manager Schwabauer requested Mr. Dayton clarify whether he is proposing that the public
hearing regarding the 2017/18 Draft Annual Action Plan for the Community Development Block
Grant (CDBG) Program be reopened or if the public should be afforded the opportunity to
comment on the separation of church and state during the public hearing on the Regular Meeting
agenda later in the evening regarding the Final Action Plan. Mr. Dayton responded he believes
the best solution for all is to reopen the hearing on the Draft Annual Action Plan. Mr. Schwabauer
asked if Mr. Dayton was aware that reopening the hearing would delay the remaining non-profit
groups from receiving funding and achieving their goals, to which Mr. Dayton responded in the
affirmative, adding that this was a difficult decision.
Mayor Pro Tempore Nakanishi questioned whether reopening the hearing would result in voiding
the May 3, 2017, action, to which Mr. Schwabauer responded in the affirmative, stating
that Mr. Dayton's suggestion is to start the public hearing process over again. Mr. Schwabauer
further recommended that Council not debate the matter at the dais until the City Attorney can
present her legal opinion in Closed Session.
Ms. Magdich stated that Mr. Dayton's letter referenced two different Government Code Sections:
one to cure and correct the alleged violation, and the other to cease and desist. She stated she
understands from Mr. Dayton's comments that his proposal is to cure and correct the alleged
violation.
David Diskin stated he believes that, when Mayor Pro Tempore Nakanishi asked Mr. Dayton to
hold his comments regarding the separation of church and state until a legal review can be
completed, Mr. Dayton was dismissed during the public's opportunity to comment on the topic.
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Immediately following Mr. Dayton's dismissal, the next speaker addressing Council mentioned
religion. Mr. Diskin stated he believes Mayor Pro Tempore Nakanishi only wanted positive
comments, not negative ones, which he believed to be disgraceful. He appreciated that staff
followed up with Mr. Dayton the next day; however, Mr. Dayton should have been allowed to
speak at the hearing. He questioned how many others were there to speak on that aspect of the
topic who were afraid to after the public comment period was prematurely shut down. He
suggested Council receive training on the Brown Act and apologize to Mr. Dayton.
Ms. Magdich announced the above Closed Session matter.
C. Adjourn to Closed Session
At 5:42 p.m., Mayor Kuehne adjourned the meeting to a Closed Session to discuss the above
matter. The Closed Session adjourned at 5:57 p.m.
D. Return to Open Session / Disclosure of Action
At 5:59 p.m., Mayor Kuehne reconvened the City Council meeting, and City Attorney Magdich
disclosed the following action.
Item B-1 was discussion only with no reportable action.
E. Regular Calendar
E-1
Consider Setting Public Hearing for June 21, 2017, to Consider Adopting Resolution
Approving the 2017/18 Draft Annual Action Plan for the Community Development Block
Grant Program; and Setting Public Hearing for July 19, 2017, to Consider Adopting a
Resolution Approving the Final 2017/18 Annual Action Plan for the Community
Development Block Grant Program (CLK)
City Attorney Magdich reported that discussion occurred regarding items raised by
Spencer Dayton. To protect the City from potential litigation and the time to defend such litigation,
which would ultimately delay agencies from receiving Community Development Block Grant
(CDBG) funds, Council elected to cure and correct any alleged violation for the Brown Act under
Government Code Section 54960.1. In light of that direction, staff recommends resetting the
public hearing for the Draft Annual Action Plan for June 21, 2017, and resetting the public hearing
for the Final Annual Action Plan for July 19, 2017.
Council Member Mounce thanked Ms. Magdich for doing what is right to protect the citizens of
Lodi, who ultimately pay in matters of litigation.
David Diskin stated he believes there is no doubt that providing money to First Baptist Church
should be contested. Had the Final Annual Action Plan been approved at the Regular City
Council meeting later in the evening, the church would likely incur costs for which it would seek
reimbursement if it is determined the church is ineligible to receive CDBG funds. Mr. Diskin stated
that no determination has been received from the California Department of Housing and Urban
Development (HUD) other than it would need to look into the matter. He stated that, although
Neighborhood Services Manager Joseph Wood has made assurances that the 180 Teen Center
project fits HUD guidelines, he believes Mr. Wood's calculations of time spent on religious
activities is generous to the church. Mr. Diskin stated there are many hours where the facility is
vacant, closed, or used by other renters and that the after-school program is only 12 hours per
week. He asked that Council defer any decision on this matter until HUD can provide a
determination.
Ms. Magdich clarified that Council will not hold the public hearing (G-2 on the Regular City
Council meeting agenda), assuming Council passes the motion to re -set both hearings.
Spencer Dayton thanked Council for considering the issue he brought forward and stated he was
available to speak further with Council Members and/or staff regarding the matter.
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Council Member Mounce made a motion, second by Council Member Chandler, to set public
hearing for June 21, 2017, to consider adopting resolution approving the 2017/18 Draft Annual
Action Plan for the Community Development Block Grant Program; and set public hearing for
July 19, 2017, to consider adopting resolution approving the Final 2017/18 Annual Action Plan for
the Community Development Block Grant Program.
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
F. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at
6:04 p.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
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