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HomeMy WebLinkAboutAgenda Report - May 20, 2020 Public Commentapproval which would allow in dining at restaurants and destination shopping to be open by this weekend, and that a joint resolution would be discussed at the Special Meeting tonight to ask the Governor to allow San Joaquin County to let the Public Health Official to make decisions regarding the County. Council Member Mounce supported using Partners for education by mall but stated all other issues be referred to the County for enforcement. She further stated that large gatherings are a different circumstance, but the Police Department should no longer be contacting businesses. Council Member Mounce made a motion, second by Council Member Chandler, receive report regarding communication pertaining to the reopening of the City of Lodi for business. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None C-11 Adopt Resolution Initiating Proceedinds for the Lew and Collection of Assessments. Resolution Approving the Annual Report, and Resolution Declaring Intention to Lew and Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 202021: and Set Public Hearing for June 17. 2020 (PW) AdoptedResolution No. 2020-103 initiating proceedings for the levy and collection of assessments, Resolution No. 2020-104 approving the Annual Report, and Resolution No. 2020- 105 declaring intention to levy and collect assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 202021; and set public hearing for June 17, 2020. C-12 Set Public Hearing for June 3. 2020 to Consider Adopting a Resolution Amending the Procedures for Review of Growth Allocation Applications (CD) Set public hearing for June 3, 2020 to consider adopting a resolution amending the procedures for review of Growth Allocation applications. 10 Comments were received via email (fled) and read into the record from the following members of the public: Jessica Hillskotter -reopen Lodi for the children Philip and Wendy Diaz- reopen Lodi Mary Keigley - reopen Lodi Terry Wymch - reopen Lodi Theresa Delp - reopen Lodi; Police enforcement of Governor's guidelines Monica Fritz - reopen parks; Police enforcement of Shelter in Place Orders Jenny Miller - treatment of places of worship under Governor's orders In response to Jessica Hillskotter's email, Council Member Mounce asked staff to look at the most recent orders to see if there was some way to arrange for youth sports practices at the parks. Mayor Pro Tempore Nakanishi concurred, stating the Center for Disease Control recently announced the virus does not easily spread on surfaces. In response to Theresa Delp's letter, Police Chief Brucia stated the City did not hire any new annuitants; the Police Department is only doing an education campaign; and there have been no threats of fines or of shutting down businesses. In response to Mayor Pro Tempore Nakanishi, Chief Brucia stated that in March and April, there was a 500% increase in calls; there was a 100% increase in May; the number of calls has dropped in the last couple days; calls come in on a daily basis but are held for the refired annuitants to address when available. In response to Council Member Mounce's question regarding Jenny Miller's email on the Cross Culture Church, City Attorney Magdich stated that the orders have not addressed churches and that when the Cross Culture Church was ordered not to assemble on Palm Sunday, the State was still in Stage 1. In further response, she stated the City is operating under the State constitution and complies with the federal constitution; federal courts have found the orders are constitutional. E. Comments by the Citv Council Members on Non-Acenda Items Council Member Mounce restated her position that there should be no more visits by the Police Department enforcing the County's and Governors orders; only letters should be sent. She thanked the City Manager and Public Works for the removal of the BBQ at Emerson Park and expressed concerns about the homelessness problems in other areas of the City, and stated that the City needs to bring forward a plan to provide for an emergency shelter. Council Member Mounce also questioned what the current status of the parks is, considering the CDC's recent release regarding the lower rate of surface transmission of the virus. In response to Council Member Mounce, City Manager Shwabauer stated just the playground equipment is closed in the parks and that staff would reach out to Dr. Park tomorrow concerning reopening. Council Member Chandler reminded Council that a few months ago he helped create a public/private partnership to remove RVs from City limits. He recognized Officer Schiele's efforts on this project and stated that $13,000 has been raised and five more vehicles have recently been removed. Mayor Kuehne suggested looking into "No Overnight Parking" signs which have been effective in other areas for enforcement. City Manager Schwabauer stated he will have Public Works look into it. Mayor Pro Tempore Nakanishi also expressed concern regarding the homelessness problem and stated it is going to be a challenge as the City will need finances to take care of it. Kaylee Clayton From: Jessica Hillskotter M�> Sent: Saturday, May 16, 2020 3:16 PM To: City Council Comments; mvillapuda@sjgov.org; kmiller@sjgov.org; tpatti@sjgov.org; cwinn@sjgov,org; belliott@sjgoc.org; JoAnne Mounce - External; allboardmembers@sjgov.org Subject Our Children Dear Board Members, Thank you for taking the time to listen to your community as we all are suffering right now. I know most of the letters that are written are for small buslnesses to be reopened, but I think one of the most important thing that should be talked about more is our CHILDREN. Our children have been left behind in this whole pandemic. They have been left behind in all aspects, from school, friends, sports, family, and living a normal childhood. The emotional toll that this has taken on our kids is unfair, and unwarranted. They have already had to miss out on an education (because we all know they aren't learning anything with distant learning), end of the year activities, basketball, baseball, cheer competitions, birthday parties, Easter, and even being able to go to the local park. I work for a hosptial in San Joaquin County, when this whole thing started I was 100% for getting us ready at the hospital, social distancing, and doing whatever we needed to do to get life back to normalcy for my children. Now that the hospitals are empty, staff being laid off, furloughed, people unable to pay their bills, are we really doing this for the better good? When does the county step in like other counties have and say this is enough? Another point I wanted to make as the Secretary of Lodi Titans Youth Sports our kids are really looking forward to the playing football and cheerleading in August. Our hopes is that San Joaquin County will loosen the restrictions on kids sports since we all know sports builds kids self-esteem, develop teamwork, leadership skills, and develops healthy life style habits. If we an give these kids some glimmer of hope after this devesating last few months it would mean a lot to me and also to our community. Thank you, Jessica Hillskotter Kaylee Clayton From: Philip Diaz -> Sem: Tuesday, May 19,2020 10.47 PM To: City Council Comments Subject. public comments May 18, 2020 From: Philip & Wendy Diaz Owners I Salon W 1 321 W. Elm St I Lodi I CA 1 95240 To: Lodi City Council Lodi City Council 1 305 W. Pine St I Lodi I CA 1 95240 Dear Lodi City Council: We are going on 64 days of the Governors stay at home order, and 2 weeks since the public started to really share with the council how we felt about our shut down businesses, and the impacts that it is having. It was great to hear the discussions last meeting, and one item that hopefully helped some does not help all. Many businesses in Lodi are governed by the State whether that by the Board of Cosmetology, or by ABC, etc. We were happy to hear the city(police) will not openly go after businesses that are open, but many of us cannot risk losing our licenses, and thus trying to fight an expensive court battle with the state for doing so. We hope with the Governors new guidelines per county we are ready to be well expedited and have an expected opening date (for all) sooner than later. I share my frustrations with many in our community, and small business owners specifically in wondering if the city has our best interest in making us a higher priority than what has transpired and became well apparent over this unnecessary shutdown. Our group Open Lodi is here to stay fighting and keeping pressure on all until we can see "All" of Lodi open, and not just specific industries. Sincerely Philip & Wendy Diez Kaylee Clayton From: Mary Keigley > Sent: Wednesday, May 20, 2020 8:20 AM 7o: City Council Comments Subject Open your hearts As a Lodi resident and mother of three, I beg that my voice is heard. Enough is enough, our town is suffering and our livelihoods are at steak. Let us get back to work, let our children return to school, let us get back to our LIVES! Let those who are sick or whom choose to be home, stay at home. With 40 or so cases in Lodi, our freedom has been ripped from our hands by a Governor who has wrongly declared a state of emergency. Put trust and faith back in the Lodi community. A community who adhered to your requirements, as we flattened this proverbial curve. Open our churches, our small businesses, our gyms and restaurants. Open your hearts and open Lodi! Thank you, Mary Keigley Mary Keigley Rosewood Promotions Rosewoodpromos.com Kavlee Clavton From: tLW tLW <-> Sent: Wednesday, May 20, 2020 9:19 AM To: City Council Comments Subject: Fwd: Open with wisdom Sent from my iPhone Begin forwarded message: From: tLW tLW Date: May 20, 202 at 5041 AM PDT To: citvcouncil@lodi.eov Subject: Open with wisdom Dear city council members All clear thinking people understand the necessity for caution and SIP but timing and common sense have exited the discussion. Given the current local covid 19 stats and the impending warmer weather serious thought needs to be considered regarding Lodi`s economy. If target, Costco, Home Depot etc. can operate at full capacity there is no logical rationale for not opening other many other places of business. Simple steps can be implemented to keep people safe without continuing to bankrupt the city. Employees at all entrances and exits with antibacterial wipes or hand sanitizer. Every single person entering uses it, every single person exiting uses it. (Entering at the very least). Businesses, such as Costco, can also insist that all customers wear a mask. These considerations also need to be extended to cating establishments. Begin by allowing restaurants to work at 75% capacity indoor seating and 100% outdoor. If you disagree with this idea kindly get back to me and explain why Costco can serve food in it's food court but Lodi's restaurants cannot. There are also common sense measures that need to be implemented by the citizens, as well. If you're sick, stay home. If your kids are sick keep them home. If you're over 55 years old with existing comorbidities don't go out unless absolutely necessary. IPs not rocket science, people. The board needs to listen to its citizens and be sensitive to the financial and economic hardships this shut down is causing so many. Thank you Terry Wyrsch Sent from my iPhone Kaylee Clayton From: Theresa Delp > Sent: Wednesday, May 20, 2020 9:43 AM To: City Council Comments Subject: Open Lodi Parks for our Children Hello, Thank you for taking the time to read this. I am writing you on behalf of our kids here in Lodi. They are the ones that need some focus as well. Their schools have closed. They are not allowed to visit friends. They have had their whole lives upended for this "virus" that is coming out more and more that it doesn't effect them. I am asking you guys to please instruct parks and rec department to OPEN the PLAYGROUNDS. How do you get good immunity to anything? Outdoor play. Being outside. How do you fight this virus? By being out side. Study after study is showing that warmth and sun help kill it in the air. Now the CDC has came out stating that it will not easily spread on surfaces. I have included links for this at the bottom of the email. Stanislaw County has open their playgrounds as have others. I have heard that some cities in SIC have opened as well (was trying to find the confirmation on this for you but I cannot). Our kids are being force to stay home. Not as many have a yard to go play in and be outside. We have other come out and yell at the kids and parents when they are out front of their home playing because they are outside. Enough is enough. Open our parks playgrounds for our kids. NOT for the homeless that have invaded it like ants on a candy. We the tax -payers pay for the parks, the use of them, not the homeless. Please put our KIDS above the homeless. I am personally, tired of having to tell my 2yo every day that no we cannot go play at the park because its "broken" and have her cry about it because she doesn't understand why. Its heartbreaking. Now is the time to act. Not wait for the County, which waits for the state. It's time to act FOR our kids, our future, now. Thank you, Theresa Delp httos:llw .cdc.eovlcoronavirust2019-ncovlprevent-eettine-sicklhow-covid-soreads.html Kaylee Clayton From: Theresa Delp Sent: Wednesday, May 20, 2020 9:50 AM To: City Council Comments Subject: Open Lodi Police Hi there, At the last meeting, you, the Council, told the Lodi Police to stand down on their enforcement of the Governors guidelines. Yet I'm hearing today that they have not. There are business being opened and LPD has hired retired police back on at a part time bases to "educate business". Yet they are coming in and ordering the business to close or be fined ect. Is there a miscommunation some where in the line? Did we hearyou wrong or did the LPD not hear you? Thank you, Theresa Delp Kaylee Clayton From: Monica Fritz <- Sent: Wednesday, May 20,2020 1:17 PM To: City Council Comments Subject: C-10 Open our parks Dear Lodi City Council, Please open our parks for our children! Our children have been prisoners in our homes for over 2 months now. No school, no friends, no libraries, no sports, no extracurricular activities and no parks. How are our children supposed to maintain physical and mental health? All school work and'play dates' have been via computer screens. This was a band -aide to an abrupt panic. That panic is over and our children need to be children. They need to run, play, socialize, and exercise. Our tax dollars pay for those parks and while they have been maintained during the last 2 months, our tax dollars were meant for them to be maintained so we can use them. The only people using the parks right now are the homeless. Let us take our parks back for our children! Thank you! Monica Fritz Kaylee Clayton From: Monica Fritz > Sent: Wednesday, May 20, 2020 2:14 PM To: City Council Comments; JoAnne Mounce; Alan Nakanishi; Mark Chandler, Jeff Hood; Doug Kuehne; CityofLod _CityManager; Cathi DeGroot Subject: Do Not Enforce SIP Orders Dear Lodi City Council, It was my understanding that during the last City Council meeting, it was agreed upon the non -enforcement of the SIP orders. Today I am hearing that Lodi Police Department rehired retired officers to help enforce the SIP orders. Why would our tax dollars be wasted on this? Our city is going to be facing massive budget cuts and financial problems as it is. Who gave the okay to spend our tax dollars on this? Please leave our businesses alone l Business owners need to feed their families and pay their bills. We as consumers can decide if we would like to patronize these businesses. We do not need Lodi Police telling us that we cannot make money or how we are going to spend our money. Our police officers need to be focused on real crimes and criminalsl Thank you, Monica Fritz Kavlee Clavton From: jennifer lynn �> Sent: Saturday, May 16, 2020 9:33 AM To: City Council Comments Subject: Public comment/questions agenda item c-10 Council, I know there's no local control, so you've stated. I understand the numbers you were given at the beginning from the White House were scary and you just wanted to protect the citizens. That is admirable. How it was done, following orders, acting in fear, suppressing rights, targeting my church, firing Officer Duncan - not so good. The directive to Chief Bruscia to stop enforcement of the order - great start! The continued, "better safe than sorry" position - not so good. I understand I don't have all the information because I'm not an official - I'm not in government. But you have the answers and you have the ability to get them better than I do. So, I'd like to ask that you show the public our numbers in Lodi, and if you have them, the numbers from the county. Do we have any deaths FROM covid19? Not just with it, but specifically from it. With that information, how many who have died also had comorbidities? Also, what is the emergency funding we are receiving, have received, or are requesting for? Is it truly to fight COVIDI9, or is it to combat the result of lockdowns from the perceived threat of COVIDI9? I'm still wondering whether these measures (from the beginning) are the least restrictive measures. Much of this looks like targeting and a lot of double -standard. Atwater opened up, but I don't know whether they had local control already. I'd like to see us open up. I know you all (at least most) have said you want to see us open up. Looking for answers, Jenny Miller California Health and Human Services Agency Denies it has Documents to Justify Lockdown or Re -Opening Policy - California Globe Qdihimix Globe filed a Public Itecmcds Request Mdy 13th with the Califonda Hwlth and ff� Services Agency Direraer Mark Ghaly, Chief In ro maHan -s el tt6 t�:llte Kaylee Clayton From: jennifer lynn Sent: Wednesday, May 20, 2020 3:33 PM To: City Council Comments Subject: Public comment on c-10/non-agenda comment Hello all, I wanted to share with you a few words from a letter sent to the Governor by the office of the Assistant Attorney General In D.C., though I'm sure you are familiar with this work of art ( which is quoted in part from the Civil Rights Division of the U.S. Department of Justice Assistant Attorney General Eric S. Drieband): "Dear Governor Newsom, We are writing to you to raise several civil rights concems with the treatment of places of worship in Executive Orders N- 33-20 and N-80-20 and documents relating to the California Reopening Plan... Laws that do not treat religious activities equally with comparable nonreligious activities are subject to heightened scrutiny under the Free Exercise Clause of the First Amendment, Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520(1993) ... Places of worship are not permitted to hold religious worship services until Stage 3. However, in Stage 2, schools, restaurants, factories, offices, shopping malls, swap meets, and others are permitted to operate with social distancing. And as noted, ecommerce and entertainment Industry activities are already permitted with social distancing. This constitutes precisely the kind of differential treatment the Supreme Court identified in the Lukumi decision in which the government is not willing to impose on certain activities the same restrictions it is willing to impose on constitutionally protected religious worship ... We recognize that three U.S. District Courts have denied Temporary Restraining Orders (TRO's) sought by plaintiffs against Executive Order N-33-20, ...Cross Culture Christian Ctr. v. Newsom, No. 2:20 -CV - 00832 (E.D. Cal. May 5, 2020) ... These TRO decisions do not justify California's actions... We believe, forthe reasons outlined above, that the Constitution calls for California to do more to accommodate religious worship, including in Stage 2 of the Reopening Plan..." I just wanted you to see this (in part at least - attached is the letter in its entirety) letter. This shutdown and the targeted "attack," if you will, on my church and Pastor were unconstitutional from the beginning. We tried to tell you. Although this is not the end of the matter by far, this is just a taste of the victory you will see the people of God have because He is and always has been for freedom. And when God is for us, I ask you: WHO CAN BE AGAINST US? Thanks, Jenny Miller