HomeMy WebLinkAboutAgenda Report - December 17, 2003 Public CommentContinued December 17, 2003
F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS
oo Ken Owen, Director of Christian Community Concerns, submitted a written statement (filed) to
Council and expressed concern regarding confusion about what is, and is not, acceptable
seasonal religious expression in the community. Fb cited the following case law and stated
that the following forms of religious expression are legal under the constitution:
1. Students are free to express their religious beliefs in school (Lovell v. City of Griffin, 303
U.S. 444 1938; Westfield High School L.I.F.E. Club v. City of Westfield, 249 F. Supp. 2D
98 D. Mass. 2003);
2. At school students can sing Christmas carols at concerts, teach the biblical origins of
Christmas, and perform the Christmas story of Mary, Joseph, Jesus, and the shepherds
(Florey v. Sioux Falls School District, 619 F. 2D 1311 a Cir. 1980; Stone v. Graham, 449
U.S. 39 1980); and
3. Nativity displays can be placed in schools, parks, and government buildings (Americans
United for Separation of Church and State v. City of Grand Rapids, 980 F, 2D 1538 e Cir.
1992; West Virginia v. Barnette, 319 U.S. 624, 642 1943; Lynch v. Donnelly, 465 U.S. 668,
671 1984).
In conclusion Mr. Owen stated that the U.S. Constitution, laws, and court decisions are all
construed to protect and permit religious expression in both public schools and government
buildings.
00 Donna Phillips, representing Friends of Lodi Lake, expressed opposition to the Extreme Sports
proposal by the Parks and Recreation Department to be brought before Council in January.
She stated that it would bring noise and a carnival atmosphere to a residential area. Friends of
Lodi Lake would like to keep the park serene and peaceful. She urged Council to reject the
proposal.
00 Ron Bernasconi recalled that a time limit was placed on speakers at Council's special joint
meeting with the Recreation Commission on November 10. He noted that the following day,
City Clerk Blackston provided Council with a memorandum, which indicated that the five-minute
limit applied to non -agenda items. Mr. Bernasconi stated that he had a presentation prepared
for the November 10 meeting, which spanned a decade of facts and circumstances; however, he
was not given adequate time to make the presentation. He reported that since 1993 the City's
relationship with the Boosters of Boys and Girls Sports (BOBS) has created joint duties
imposed by state law to screen out violent sexual criminals who have volunteered to have
authority over youth on public schools, parks, and recreational facilities. Mr. Bernasconi stated
that he had documents, which established these facts; however, they were not included in the
97 -page meeting packet that Council received on November 10, though they had been in the
custody of the City Attorney. He reminded Council Members that staff was supposed to fully
apprise them of the legal and operational relationship between the City and BOBS. The
documents provided evidence that various public officials engaged in willful or negligent
misconduct related to the refusal to implement and/or obey state law to protect youth from
violent or sexual criminals. He believed they were serious matters that deserved public
disclosure. Mr. Bernasconi referenced documents he submitted to Council (filed) and reported
that in 1995 Deputy City Attorney John Luebberke advised the Recreation Commission that the
1993 Public Resources Code sees these codes as all inclusive and that City employees and
volunteers having disciplinary authority over minors must be screened. He stated that Mr.
Luebberke also acknowledged a relationship between the City and the BOBS and
recommended that all volunteer positions be screened. Mr. Bernasconi asked Council to grant
him an opportunity to fully address these issues.
City Attorney Hays recalled that the City Clerk's memorandum also indicated that Council's
procedures provide for a motion to limit debate, which was what occurred on November 10. He
stated that the program referred to by Mr. Bernasconi had been implemented by the City and
Continued December 17, 2003
has been in place for several years. He acknowledged that Council discussed the matter in
1995; however, the topic was tabled and not brought back. Staff implemented the procedure
subsequent to that time.
Mr. Bernasconi noted that the minutes of November 10 reflect that two Recreation
Commissioners supported the position that BOBS board members have supervisory and
disciplinary authority over minors on public schools, parks, and playgrounds. He pointed out
that the City did not implement the law until August 2001, only after the Department of Justice
had required them to do so.
Council Member Hitchcock recalled that Mr. Beckman had asked on November 10 whether
limiting public comments to five minutes was a standard procedure, to which Mr. Hays had
replied that it was. She felt that Council had been misinformed.
Council Member Beckman agreed with Ms. Hitchcock; however, given Council's authority to
limit debate, he felt that the end result at that particular meeting would not have changed.
Addressing Mr. Bernasconi, Mayor Hansen stated that an ad hoc committee was created to
review the BOBS matter and return to Council with recommendations. He recalled that
Mr. Bernasconi has had many opportunities to express his concerns to Council, and noted that
if he would like to pursue the matter in court it would be his choice.
Council Member Hitchcock did not believe there was due process given on November 10 and
stated that when the committee makes it recommendations to Council the public will have an
opportunity to respond.
G. PUBLIC HEARINGS
G-1 Notice thereof having been published according to law, an affidavit of which publication is on
file in the office of the City Clerk, Mayor Hansen called for the public hearing to consider
unmet transit needs in Lodi for fiscal year 2003-04.
Tiffany Fink, Transportation Manager, reported that the Transportation Development Act
requires that annual hearings be held for unmet transit needs. The hearings are held in
every jurisdiction throughout the county at a variety of venues. The goal is to determine
where there is a deficiency in transit service that could be met. Feedback from the
meetings is taken to the social services technical advisory committee to review and
determine if they are reasonable. A draft dDcument will be prepared and available to the
public for review later this year.
Hearina Opened to the Public
None.
Public Portion of Hearina Closed
Council Member Hitchcock asked what comments Ms. Fink had received and she replied
that she had received one comment thus far; however, it did not relate to Lodi's service.
Ms. Hitchcock recalled that concerns have been expressed for years regarding the length of
time it takes for Dial -A -Ride service. She believed that there were more complaints last
year than previously. It had been pointed out to her that the cause for delay was in part due
to students using Dial -A -Ride rather than accessing the Grapeline.
Ms. Fink reported that, overall, ridership is up and reservations have increased each year.
Lodi has a general public service program, so preference is not given to seniors or the
disabled.
3
Wednesday, December 17, 2003
Honorable Lodi City Council Members,
Last week I emailed this Council the City Clerk's November 11, 2003 Memorandum that indicates that the 5 minute
time limitation on public comment applies only to non -agenda items, after I was not able to complete most of
my presentation to the Council on November 10.
First and foremost it is important to realize that since 1993 the City's relationship with the BOBS has created joint
duties imposed by State Law to screen out violent or sexual criminals who volunteer to have authority over our youth
on public schools, parks and recreational facilities on behalf of the City.
I had documents to present to the Council, which establish this critical fact, which are not voluminous.
However, they must be examined within the context of the historical facts and circumstances that span a decade for the
Council to make a fully informed decision.
Ironically, this will take less time that my half hour presentation to the Council in August 2003 regarding our
groundwater pollution lawsuit and involves something more important than money, which is public, safety.
These documents were not included in the 97 page package prepared by your Staff, which was supposed to fully apprise
you regarding the legal and operational relationship between the City and the BOBS even though these
documents were in the custody and control of the CityAMmcy.
These documents evidence the fact that various public officers engaged in willful or negligent misconduct related to the
refusal to implement and/or obey a State Law to protect our youth from violent or sexual criminals.
Please review the attached documents that were not included in the 97 page packet prepared by Staff for the November
10, 2003 Public Hearing, which establish that Councilman Land moved to limit public comment on an agCnda item and
Recreation Commissioner Bob Johnson (who was subsequently named the Chairman of the Ad Hoc Committee to
review BOBS' operations) both failed to disclose their role in the City's 1995 decision to table the Deputy City
Attorney's recommendation to have all BOBS volunteers fingerprinted or in the alternative seek an Attorney General's
opinion regarding the applicability of the Public Resources Code to the BOBS.
These failures to act in the best interests of San Joaquin County residents by a non-profit public benefit corporation and
a local agency are very serious matters that deserve nothing less than full public disclosure.
Recently I received a mailing from Assemblyman Nakanishi which states,
"You deserve to know if a sexual predator is living near your child's school..."
Don't you think Patents deserve to know that a violent criminal or sexual predator was in charge of their children when
they participated in Lodi Youth Sports Programs on schools, parks and playgrounds?
Shouldn't the City learn from the past and make sure that doesn't happen again?
Assemblyman Nakanishi is right. Parents, Taxpants and the Public deserve to know and one way or another they
will be fully informed. I hope the City Council will help me in that regard - not limit public comment to help address
this public safety issues and work with me to eliminate loopholes in the Public Resources Code in the coming year.
Now that the City Clerk has advised you that the City Attorney misinformed you regarding limitation on public
comment when _this matter was on your agenda, will this body grant me sufficient time during a public hearing to
address these critical public safety and open governance issues?
Respectfully,
Ron Bernasconi
3019 Oak Knoll Way
Lodi, CA 95242
1WCITY OF.ODI
COUNCIL COMMUNICATION
AGENDA TITLE: Raluest for Attorney General's Opinion .Regarding the
Applicabtlity of Public Resources Coate ¢ 5164 arta
Education Code ¢ 14911.3 to City Park( and Recreation
Youth Sports Programs and the Boasters of Boys and Girls
SNrts (BOBS)
MUTING DATE;
PIWPARED BY:
June 07, 1945
Deputy City Attorney
RICOMM1 "ATION: That the City Attorney's Office request an Attorney
General's opium regarding the gvReebility of Public
Re mrxs Code 1 $164 and Eduxmtioan Code 110911.5 to
City Parks and Rdxacebm youth sports programs and the
Boosters of Boys and Girls Sports {BOBS).
BACKGROUND: State law which became effiwtive on January 1, 1993
requires that all adult city employees or volunteers in a
supervisory ox disciplinary position over minors be screened
for various Penal and Health and Safety Code violations, These violations include sex crimes, drug
crines and crimes of violence.
Public Resources Code 15164 provides that no city shall um any employee or volunteer to
}perform services at any Park, playground, recreational center or beach in a position having
supervisory or disciplinary authority over minors if that person has licca convicted of any of the
of mws outlined in Penal Code § 111053(g). Such offenses include assault with intent to commit a
sexual act, rape, cruelty to a child, contributing to the dclinqueuncy ofaminor, felony violations of
the Uniform Controlled Substances Act and other similar provisions.
Additionally, Education Code 110911.5 provides that all cities shall require each employee
or applicant for employment who will have direct contact with minors to immediately submit one
set of fingerprints to the Department of Justice for screening. The result of this screening shall be
APPROVED:
THOEIAS A. PEMRSON
fty mw uww
EN
AML
CIN OF LODI COUNCIL COMMUNICATION
kegs m a secure file, separate .from the regular personnel file of the person. This requirement applies
to mer school, vacation sports and daycare activities.
For purposes of complying with these mandates the City is allowed to semen these persons
through the Department of Justice pursuant to penal Code j 11105.3. To perform this screening the
Department of Jaustice requires fingerprints and personal identification information of the person to
be screened in addition to a fee which is currently $52.00 per screaming, This fee is in addition to
any cost incurred for the actual taking of the fingerprints.
This matter was presented to the Parks and R=adon Commission at their Nfty 02, 1995
marting. The commissioners were very concerned with the poss%le fiscal impact of this numdate
as well as its probable effect on volunteerism cgmially if it is applied to the hundreds of volunteer
coaches involved in the BOBS programs. The city anti the BOBS am intertwined to such an Maeat
that it is probable that the volunteers working under the auspices of the BOBS will have to be
firr�etprinted and cleared through the Department of Justice. This close paz trship between the
city and the BOBS is unique and not clearly addressed by the statutes at issue and there is virtually
no case law directly our point.
Before the city takes any substantial steps regarding voluatcer coaches in this matter I would
appreciate the opportunity to obtain and opinion from the Office of the Attorney General as to the
applicability of this mandate to these unique circumstances. While such as opinion does not have
the force of lawn, reliance on the opinion would be strong evidence of the city's good faith atu=pt to
comply with the mandate.
FI "ING: Not applicable at this time.
fly submitted,
JZ M LyeNOerlce
Deputy City Atton*y
JUL.-Pn
APPROVED;
THOMAS A. PETERSON
CUy Msrmlw
CGs
LODI PARKS AND RECREATION COMMISSION MEETING NUNUTE5
CARNEGIE FORUM
Tuesday, May 2, 9995
R41 Call
Prurient: Commissioners: Bob Johnson, Keith Land, Elvera Melby, Chad Meyer, Chairman Ed Wall
Sgff Prevent: Ron Williamson, Director; Scott Essin, Parks Superintendent; Layne Van Noy, Recreation
Supervisor; Lisa Rudloff, Recreation Supervisor, Mike Reese, Recreation Supervisor, Susan Rodriguez,
Department Secretary
B. Fingerprint Information and ILe lui emenji
John Leubbreke, Assistant City Attorney was present and gave a verbal report on the fingerprinting
requirements as stated in tine Public Resources Code and the Education Code. Mr. Leubbreke sees
these Lodes as all inclusive, that City employees and volunteer having disciplinary authority over
minor's be screened. Mr. Leubbreke also acknowledged the unique relationship between the City of
Lodi and the Boosters of Boys/Girls Sports and recommends that all volunteer positions under the
8.0.B.S. be screened.
C. Totem Pole
Superintendent Essin reported that the totem pole at Lodi Lake needs to be taken out due to dry rot.
The Historical Society has expressed an interest in keeping the top portion depicting Mr. Russell
French to whom the pole was dedicated.
Commissioner Land r000mvnended taking the pole out and storing for 90 days. At that time, if no one
has comes forward with a concern, destroy the pole (after the Historical Society takes what they
want.
D- Reports and Uodates
1. WI.D, meeting/year round water in Lake
Commissioner Johnson, Director Williamson, and Superintendent Essin met with Woodbridge
Irrigation District Board of Directors in April. There was mixed reaatlon to ft proposal,
however they are willing to work towards a solution. The Board will be making a list of
questions and issues needing to be addressed.
Commissioner Johnson suggests getting someone with more knowledge in this area
involved. He will continue to work towards the goal.
2, indoor sports center
Commissioner Meyer and Melby have met with Lang Wenell, At this time they are wonting
towards developing a scope, funding backing, and then will proceed to the study phase.
Once to the study phase, the subcommittee can be expanded.
3. Joint -Use Agreement with L.U.S. D.
We have taken out basic maintenance and forwarded these figures to Jerry Glenn, Assistant
City Manager. We have not heard back yet from the school district,
4. Main Street Fire Station
Director Williamson will meet with Larry Wenell May 3, 1995 at 9:00 a.m. to discuss use of
this building and what is to go into it. director Williamson will bring results back to
44p;?^
Ci7Y COUNCIL
REGULAR CITY COUNCIL MERG
CARNEGM fiORLM, 305 *EST PINE 81 REET
WEDWESDAY, JUME 7, 1996
7:00 P.M.
Present CouncA Members - Davenport, Pennino. Siagiodc, Waaler and Mann (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Assistant City Manager Glenn, Comrnursiy oe�*opmant
Uirec:tor Schroeder, Public Woft
acrd Actions t;r�.i. r4..eGiur ROnskG, lnterir►t Gihr gtp� syn...,.
f � � 7
Jame 7, M5 Ca+a*-Od
!) Appropriated $20,000 from the Street Development impact Mitigation Fond far tra
Thurman Street cxossing at the Central Caftrnta Ts fti Company (CCT) ram
tracks, and authorized Public Works Dirotfor to have the work completed by the CCT.
FILE NO, CC -7(h), CC -21(a), CC -56 and CC -156
rn) Approved the specifications and authorized adver0 cement for bids for the purchase of 304
electric watthour rYrews for the Electric Utifity Department for new housing developments
as well as replscesnent of existing obsolete and deteriorated meters.
FILE NO. CC -12.1(c), CC -21(a) and CC -51(d)
ry) Approved the specifications and authortW advertisement for bids for 30,000 feet of
#2AM and 22,5W feet of 750iCCMI underground primary conductor for the Elec tft
utility Departrnent: c use in now residential and cornnnorcial subdivisions~ as well as
briding Inventory for routine or emergency rnainfanance of existing a edrlcal sysbsm.
FILE NO. CC -12.1(c), CC -47 and CC -51(d)
a) Agenda Item SE -15 entitled, "Request for Aftomey Gerwrart Opinion RegardkV the
Appik ability of Public Resources Code Section 5104 and Education Cods Section 10911.5
to City Parks and Reaeration Yoath Sports Progran and the Boasters of Boys and Girls
Sports (BOSS)' was removed from the Consent Calendar and discusser! and acted upon
following approval of the Consent Calendar. (Removed by Coundl member Walmer)
P) Adopted Resolution No. 85-75 declaring weeds a public nuisanoe and Initiating abalerrwnt
proceedings on various parcels throughout the City, and furttW, set the matter for public
hearing for the regular City Councit meeting of June 21, 1995.
Fl LE NO, CC -27(a), CC -112 and CC -158
q) Assistant City Manager Glenn provided Court with a cagy of the annual tlnn* trans#
needs report prepared by the Sari Joaquin County Council of Governawls (COG),
pointing out the report concludes "there are no unrnet transit needs In Lodi at this time".
FILE NO. CCB. CC -7(n) and CC -50(b)
r) Adopted Resolution No. 95-76 authorizing a one year extension to the Contract with
Enforcemert Technology for the prar:Nwk* of parlrinG atstians at a fee of approxinsatQ*