Joanne Mounce

Lodi City Council

Voting History - 2005

Year: 2012 · 2011 ·2010 · 2009 · 2008 · 2007 · 2006 · 2005

Following is my voting history for the year shown, as recorded by the City Clerk. Events are shown from the most recent to oldest.

December 21, 2005

Council Member Mounce stated that she felt the threshold amount of $20,000 for purchases (before Council approval is required) was too high and she could not support this item for that reason.

MOTION / VOTE:

The City Council, on motion of Mayor Pro Tempore Johnson, Beckman second, adopted Resolution No. 2005-261 ratifying the Purchasing Policies and Procedures with the addition of the quarterly reporting requirement, as outlined in Lodi Municipal Code Section 2.12.060 (T), “For contracts of not less than $5,000 nor greater than $20,000, the City Manager shall quarterly prepare for the City Council a report, which includes a list of the contracts into which the City has entered during the previous three months.” The motion carried by the following vote:

Ayes: Council Members – Beckman, Hansen, Johnson, and Mayor Hitchcock

Noes: Council Members – Mounce

Absent: Council Members – None

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Mounce second, introduced Ordinance No. 1767 adding Chapter 15.65 to the Lodi Municipal Code establishing the San Joaquin County Regional Transportation Impact Fee Program and set public hearing for January 4, 2006, to consider adoption of the fee. The motion carried by the following vote:

Ayes: Council Members – Hansen, Johnson, Mounce, and Mayor Hitchcock

Noes: Council Members – None

Absent: Council Members – None

Abstain: Council Members – Beckman

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, adopted Resolution No. 2005-264 approving SBC Encroachment Permit Condition (Video Programming Limitation) for new facilities installations. The motion carried by the following vote:

Ayes: Council Members – Beckman, Hansen, Mounce, and Mayor Hitchcock

Noes: Council Members – Johnson

Absent: Council Members – None

MOTION / VOTE:

The City Council, on motion of Council Member Beckman, Mounce second, unanimously adopted Resolution No. 2005-265 authorizing the City Manager or his designee to execute the Resource 500 Development Agreement with the Central Valley Project Corporation, or its assignee, at 25 megawatt level in substantially the form on file with the City Clerk with such changes, insertions, and omissions as may be approved by the official executing the agreement and the City Attorney in an amount not to exceed $102,575 and authorizing the City Manager or his designee to approve any changes in the Resource 500 Project Development budget up to 10% without further consideration by the City Council.

MOTION / VOTE:

The City Council, on motion of Council Member Mounce, Hansen second, unanimously introduced Ordinance No. 1768 amending Lodi Municipal Code relating to the establishment of wastewater development impact fees by amending Lodi Municipal Code Title 13 – Public Services – Chapter 13.12, "Sewer Service," by repealing and reenacting Sections 13.12.020 (5) and (45), 13.12.180 (A), and 13.12.190; and further amending Title 15 – Buildings and Construction – Chapter 15.64, “Development Impact Mitigation Fees,” by amending Section 15.64.10 – adding new paragraph “F” and relettering paragraphs (G) and (H) – repealing and reenacting Sections 15.64.030 (A) and 15.64.040, amending Section 15.64.060 – adding paragraph “C” – and repealing and reenacting Section 15.64.070 (B).

December 7, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Mounce second, adopted Resolution No. 2005-253 authorizing the City Manager to execute an agreement with the Lodi Conference and Visitors Bureau to promote the development of regional business, recreation, tourist, conference, and visitor activities. The motion carried by the following vote:

Ayes: Council Members – Hansen, Hitchcock, Johnson, and Mounce

Noes: Council Members – None

Absent: Council Members – None

Abstain: Council Members – Mayor Beckman

November 16, 2005

Council Member Mounce asked that this topic be brought back for further discussion at a Shirtsleeve Session. She preferred that benchmarking, financial analyses, and ratio numbers be used for all accounts.

Mayor Pro Tempore Hitchcock concurred with Ms. Mounce. She recalled having previously asked for financial ratios and data for statistical comparisons and was told there were no ratios for government agencies.

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Johnson second, unanimously adopted Resolution No. 2005-243 approving the City of Lodi annual investment policy and internal control guidelines.

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Johnson second, directed staff to pursue implementation of the RTIF by bringing back an ordinance for consideration, introduction, and adoption, and, with adoption, the RTIF operating agreement and fee resolution. The motion carried by the following vote:

Ayes: Council Members – Hansen, Hitchcock, Johnson, and Mounce

Noes: Council Members – None

Absent: Council Members – None

Abstain: Council Members – Mayor Beckman

Council Member Mounce voiced her opinion that there should be additional incentives for businesses and low income residents.

MOTION / VOTE:

Mayor Pro Tempore Hitchcock made a motion, Hansen second, to adopt Resolution No. 2005-247 establishing Market Cost Adjustments, as amended, to be effective December 2, 2005. The motion carried by the following vote:

Ayes: Council Members – Hansen, Hitchcock, and Johnson

Noes: Council Members – Mounce and Mayor Beckman

Absent: Council Members – None

November 15, 2005 (Special)

Council Member Mounce wanted issues raised by AMR today (in the information it submitted to Council) to be referenced in the RFP. She supported Chief Pretz’ request to speak to the Board of Supervisors.

MOTION / VOTE:

Mayor Pro Tempore Hitchcock made a motion, Mounce second, that authorization be given to Chief Pretz to attend the County Board of Supervisors meeting and speak on behalf of the City Council and Lodi to express concern regarding the flawed RFP process and changing to a private dispatch provider that might impede Lodi’s EMS and response time. The motion carried by the following vote:

Ayes: Council Members – Hansen, Hitchcock, and Mounce

Noes: Council Members – Johnson and Mayor Beckman

Absent: Council Members – None

November 2, 2005

MOTION / VOTE:

The City Council, on motion of Mayor Beckman, Johnson second, unanimously adopted Resolution No. 2005-233 approving the Americans with Disabilities Act Transition Plan as presented with the exclusion of the section related to the Grape Bowl.

MOTION / VOTE:

The City Council, on motion of Council Member Johnson, Hitchcock second, adopted Resolution No. 2005-234 authorizing the Parks and Recreation Commission to formulate a Grape Bowl Ad Hoc Committee comprised of a broad cross section of the community and to bring membership recommendations to the City Council for approval (as outlined in Phase 1 of the Grape Bowl Section, page 7, of the ADA Transition Plan) and that, during the interim, uses of the Grape Bowl shall not be expanded beyond the current schedule of events and organizers of these events shall be advised of their responsibility to provide assistance for persons with disabilities as reasonably appropriate for the planned activity.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

Council Member Johnson stated that he has received comments from others that it is inappropriate to name a park for a City employee, as they are compensated for their efforts. He suggested that when recommendations for naming parks and facilities come before Council, that priority be given to private citizens who volunteer their time.
Council Member Mounce concurred with Mr. Johnson’s position on the matter.

MOTION / VOTE:

The City Council, on motion of Council Member Johnson, Mounce second, adopted Resolution No. 2005-236 approving the policy and procedure guidelines for naming of parks, recreation facilities, and park features with amendments to 1) allow the Parks and Recreation Commission an opportunity to submit multiple nominees to the City Council for consideration and that 2) priority be given to private citizens. The motion carried by the following vote:

Ayes: Council Members – Hansen, Johnson, and Mounce

Noes: Council Members – Hitchcock and Mayor Beckman

Absent: Council Members – None

MOTION:

Council Member Hansen made a motion, Beckman second, to adopt Resolution No. 2005-237 establishing procedures for the consideration of pre-annexation and development agreements.

DISCUSSION:

Council Member Mounce suggested that eastside reinvestment be considered, where large developers are required to develop certain empty lots on the east side as part of their project.

VOTE:

The above motion carried by a unanimous vote.

October 19, 2005

Council Member Mounce felt that the rate increase should be spread more evenly throughout the entire customer base. She stated that the high increase to the industrial customers was unacceptable. She asked for additional time to review the information submitted by staff before making a decision.

MOTION # 1 / VOTE:

Mayor Beckman made a motion, Johnson second, to impose a flat 10% increase across the board to all ratepayers.

The motion failed by the following vote:

Ayes: Council Members - Johnson and Mayor Beckman

Noes: Council Members - Hitchcock, Hansen, and Mounce

Absent: Council Members - None

MOTION #2/VOTE:

The City Council, on motion of Mayor Pro Tempore Hitchcock, Hansen second, took the following actions by the vote shown below:

Ayes: Council Members - Hansen, Hitchcock, and Johnson

Noes: Council Members - Mounce and Mayor Beckman

Absent: Council Members - None

Introduced Ordinance No. 1765 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 13 - Public Services - Chapter 13.20, "Electrical Service," by Repealing and Reenacting Sections 13.20.175 (D)-(1), (5), and (6) Relating To Market Cost Adjustment Billing Factor; and Further Repealing Section 13.20.185 in its Entirety Relating to Preexisting Electric Rates"; Approved 50% of the proposed *MCA recommendation for industrial customers; and Approved recommended *MCA for all other customer categories as presented, with the exception that there be no decreases in rates.

October 5, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, adopted Resolution No. 2005-219 authorizing the City Manager, or his designee, to approve advance procurement of energy (up to 95% of the Electric Utility's net open position) at the best price available on the market October 6, 2005, through NCPA.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Johnson, Mounce, and Mayor Beckman

Noes: Council Members - None

Absent: Council Members - Hitchcock

September 21,2005

Council Member Mounce stated that she read every written comment submitted by the public related to this matter. She stated that if the City charged $2 per person for the next 30 years it would raise $43 million. She believed it was unconscionable to expect the poor to pay the proposed rate increases and did not feel that the 20% Low-Income Discount program was sufficient. She felt there should be an exemption for extreme hardships and for handicapped and senior members of the community. All ratepayers should have been allowed an opportunity to protest the rate increase. She
favored a ballot initiative to increase the sales tax as a source of funding.

MOTION VOTE:

The City Council, 'on motion of Council Member Hansen, Johnson second, adopted Resolution No. 2005-203 establishing water rates, as recommended by staff, to be effective January 2006, July 2006, and July 2007.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, and Johnson

Noes: Council Members - Mounce and Mayor Beckman

Absent: Council Members - None

September 7, 2005

L-1 Following reading of the title of Ordinance No. 1763 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Title 2 -Administration and Personnel - Chapter 2.12, 'City Manager,' by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority of the City Manager; and Further Amending Lodi Municipal Code, Title 3 - Revenue and Finance - by Repealing and Reenacting Chapter 3.20 in its Entirety Relating to the Purchasing System," having been introduced at a regular meeting of the Lodi City Council held August 17, 2005, the City Council,
on motion of Mayor Beckman, Johnson second, waived reading of the ordinance in full and adopted and ordered it to print by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

Abstain: Council Members - None

September 7, 2005

E-20 "Ratification of settlement agreement with former Electric Utility Director Alan Vallow and appropriate funds therefore"

Council Member Mounce objected to paying six months severance pay, especially at a difficult financial time for the City and when citizens are being asked to pay higher rates. It was her understanding that "at will" employments meant that there were no severance benefits.

MOTION / VOTE:

The City Council, on motion of Mayor Beckman, Johnson second, unanimously continued the matter to the Regular City Council meeting of September 21, 2005.

E-22 "Adopt resolution ratifying the employment agreement entered into between City Manager Blair King and Community Development Director Randall Hatch"

Council Member Mounce stated that she was opposed to six-month severance pay in any contract.

MOTION / VOTE:

The City Council, on motion of Council Member Johnson, Beckman second, adopted Resolution No. 2005-186 ratifying the employment agreement entered into between City Manager Blair King and Community Development Director Randall Hatch.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

August 17, 2005

Council Member Mounce recalled that at the August 3 meeting Council Member Johnson had pulled a consent item that showed a bid amount of $13,500 that was twice as high as the estimated cost for the project and the matter was referred back to staff for further review. She pointed out that if the City Manager's purchasing authority threshold were raised to $20,000, the aforementioned item would never have appeared before Council. She felt that the purchasing authority level should be a lesser amount.

MOTION/VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, introduced Ordinance No. 1763 amending Lodi Municipal Code, Title 2, Administration and Personnel, by repealing and reenacting Chapter 2.12.060(1) relating to the contract authority of the City Manager and Title 3, Revenue and Finance, by repealing and reenacting Chapter 3.20 relating to the purchasing system.

The motion carried by the following vote:

Ayes: Council Members - Hitchcock, Hansen, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

August 3, 2005

MOTION #1:

Council Member Mounce made a motion, Beckman second, to allow property owners and ratepayers (e.g. tenants) to protest/vote on the proposed water rate increase to be considered on September 21, 2005.

VOTE:

The above motion failed by the following vote:

Ayes: Council Members - Mounce and Mayor Beckman

Noes: Council Members - Hansen, Hitchcock, and Johnson

Absent: Council Members - None

MOTION # 2 / VOTE:

The City Council, on motion of Council Member Johnson, Beckman second, voted to proceed with the Proposition 218 notice to property owners regarding the September 21, 2005 public hearing to consider proposed water rate increase and to allow only property owners to protest/vote on the matter.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

July 6, 2005

E-17 "Adopt resolution authorizing the City Manager to enter into a professional services agreement with Avery Associates for the recruitment of a Deputy City Manager in the amount of $10,000"

Council Member Mounce explained that she would be voting against this matter because she did not support "headhunters" in general, was opposed to the tactics they use, and believed it is a waste of taxpayers' dollars.

MOTION / VOTE:

The City Council, on motion of Mayor Beckman, Hansen second, adopted Resolution No. 2005-136 authorizing the City Manager to enter into a professional service agreement with Avery Associates for the recruitment of a Deputy City Manager in the amount of $10,000.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

July 6, 2005

MOTION:

Council Member Hansen made a motion, Johnson second, to adopt Resolution No. 2005-135 approving a modification to the City's professional services agreement with LSA Associates, Inc. for processing Frontiers Community Builders Development Land Use Applications and related annexations to include the preparation of an EIR and authorizing the City Manager to sign a contract amendment to increase the contract by the amount of $216,505 plus an additional 10 percent ($21,651) contingency, which could be authorized by the City Manager for unanticipated out of scope work.

Council Member Mounce felt that the City's General Plan was no longer viable due to its age (adopted June 12, 1991). She preferred that the Westside and Southwest Gateway annexations be divided into two separate projects. She emphasized the importance of updating the City's General Plan and developing a greenbelt proposal prior to developing all of this property.

VOTE:

The above motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

June 15, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, unanimously adopted Resolution No. 2005-126 transferring $4,500,000 from the Rate Stabilization Fund to the Electric Revenue Fund and establishing a timeline to replenish the Rate Stabilization Fund.

June 15, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, unanimously authorized the City Manager to execute Industrial Waste Connection MOU, as amended, with Van Ruiten Family Winery as Downtown revitalization business attraction incentive.

June 15, 2005

MOTION VOTE:

The City Council, on motion of Council Member Hansen, Johnson second, unanimously adopted Resolution No. 2005-120 adopting the 2005-06 Operating and Capital Improvement Budget for the fiscal year beginning July 1, 2005 and ending June 30, 2006, with the exclusion of the Lodi Conference and Visitors Bureau element, and further approving the 2005-06 Appropriation Spending Limit.

May 4, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Johnson, Beckman second, adopted Resolution No. 2005-97 approving professional services agreement with ISA Associates, Inc. for processing Frontiers Community Builders Development land use applications and related annexations in the amount of $84,348 and authorizing the City Manager to sign the agreement.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Johnson, and Mayor Beckman

Noes: Council Members - Hitchcock and Mounce

Absent: Council Members - None

May 4, 2005

MOTION/ VOTE:

The City Council, on motion of Mayor Pro Tempore Hitchcock, Beckman second, adopted Resolution No. 2005-95 authorizing the City Manager to enter into a retainer fee agreement with Wilcox, Miller, & Nelson for the recruitment of a Community Development Director in the amount of $9,200.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - Mounce

Absent: Council Members - None

MOTION:

Council Member Hansen made a motion, Beckman second, to adopt Resolution No. 2005-96 authorizing the City Manager to execute a reimbursement agreement with Frontier Community Builders for outside planning services related to the Westside and Southwest Gateway Annexation projects and associated development applications.

DISCUSSION:

In answer to Council Member Johnson, City Attorney Schwabauer reported that he drafted the proposed agreement and assured Council that it does not grant any entitlements.

Council Member Mounce stated that though she was not in support of the project, she did see the value of the motion so that taxpayers would not be further burdened for the cost of planning services.

PUBLIC COMMENTS:

Ann Cemey stated that she was speaking on behalf of herself and Citizens for Open Government. She felt that the City was not ready to take action on this matter and believed there was a reasonable basis to put the land use project in abeyance without violating the Permit Streamlining Act.

Mayor Pro Tempore Hitchcock questioned the necessity for this action because authority now exists to hire contract employees when necessary and to charge Community Development fees to cover costs.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Johnson, and Mayor Beckman

Noes: Council Members - Hitchcock and Mounce

Absent: Council Members - None

April 20, 2005

MOTION/VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, unanimously adopted Resolution No. 2005-83 establishing the Lodi Budget/Finance Committee, and further directed the City Manager to provide Council with a report at the conclusion of one year following formation of the Lodi Budget/Finance Committee regarding its effectiveness.

April 19, 2005

MOTION/ VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, ratified the separation agreement negotiated between the City Manager and former Human Resources Director.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mayor Beckman

Noes: Council Members - None

Absent: Council Members - Mounce

April 6, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Johnson second, adopted "Open Session Resolution No. 2005-67 approving the Guild Settlement in the amount of $2.2 million.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Johnson, Mounce, and Mayor Beckman

Noes: Council Members - None

Absent: Council Members - Hitchcock

March 16, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Mounce, Johnson second, adopted Resolution No. 2005-55 requesting Congress to preserve the existing Community Development Block Grant program.

The motion carried by the following vote:

Ayes: Council Members - Hitchcock, Johnson, and Mounce

Noes: Council Members - Mayor Beckman

Absent: Council Members - Hansen

March 16, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Mounce, Hitchcock second, introduced Ordinance No. 1757 amending Lodi Municipal Code Title 17 - Zoning, by repealing and reenacting Sections 17.72.110, 17.73.070, 17.74.070, and 17.81.070; repealing in their entirety Sections 17.84.050 and 17.84.060; adding Chapter 17.88 relating to appeals; and further amending the draft ordinance language from a seven-day appeal period to a ten-day appeal period.

The motion carried by the following vote:

Ayes: Council Members - Hitchcock, Johnson, Mounce, and Mayor Beckman

Noes: Council Members - None

Absent: Council Members - Hansen

March 2, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, unanimously adopted Resolution No. 2005-44 approving new rates for solid waste collection effective on all bills prepared on or after April 1, 2005.

March 2, 2005

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Mounce second, adopted Resolution No. 2005-43 approving the projected use of funds for the 2005-06 Federal allocation of CDBG and HOME program funds, and further reallocating available unobligated funds from previous program years, as detailed below.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mounce

Noes: Council Members - Mayor Beckman

Absent: Council Members - None

2005-06 Federal allocations of CDBG funds:

(1) City of Lodi Public Works Department Handicapped Ramp Project $250,000
(2) LOEL Center & Gardens acquisition of 303 E. Oak Street for $ 61,500 Senior Housing Apartment Units
(3) Lodi Cat Connection operation of Trap-Neuter-Vaccinate $ 16,000 Program for cats and dogs
(4) City of Lodi Parks and Recreation Van Buskirk Park $ 65,250 poured in place playground surfacing
(5) City of Lodi Parks and Recreation Hale Park - tot lot playground $ 100,000
(6) Salvation Army Phase 1 - site acquisition 600 N. Sacramento $196,000
Phase 2 - improvements to include off-street parking, loading dock, and ADA ramp
(7) Fair Housing services to low-income residents $ 26,620
(8) Program Administration costs related to administration of $ 70,000 CDBG/HOME Program
(9) Second Harvest Food Bank service expansion $ 10,000

Total Distribution of 2005-06 CDBG Allocation $795,370

2005-06 Federal allocations of HOME funds

City of Lodi Housing Assistance Programs Down Payment Assistance $280,360 Loan Program

Total Distribution of 2005-06 HOME Allocation $280,360

Reallocation of unused available CDBG and HOME funds from previous program years to supplement 2005-06 funding and reduce balance of unused funds

(1) LOEL Center & Gardens (04-10) buy-down of 301 E. Oak Street $128,319
(2) LOEL Center & Gardens acquisition of 303 E. Oak Street for $100,109 Senior Housing Apartment Units
(3) Salvation Army - purchase of a new 16' box truck to allow $ 55,000 expansion of Food Bank services

Total Distribution of Reallocation $283,428

February 16, 2005

1-1 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Pro Tempore Hitchcock called for the continued public hearing to consider appeal filed on 12/13/04 by Timothy Cremin of the firm Steefel, Levitt & Weiss to the Planning Commission decision on 12/08/04 regarding two conditions: 1) Condition R of the use permit and tentative map approval resolution requiring signed leases for 50% of the existing Wal-Mart store before a building permit is issued for the new Supercenter and prohibits tenant restrictions;

And 2) Condition EE requiring the project developer to fund the commercial linkage fee nexus study under Program 11 of the Housing Element and pay any adopted fees.

MOTION:

Council Member Hansen made a motion, Hitchcock second, to adopt the revised Resolution No. 2005-38 (modifying Conditions R and EE) approving Use Permit File No. U-02-12, to allow the construction of a commercial shopping center in the Commercial Shopping (C-S) zone and sale of alcoholic beverages at the Wal-Mart Supercenter, and tentative Parcel Map 03-P-001, to create 12 parcels for the project relating to the Lodi Shopping Center; and further adding Condition FF that Wal-Mart shall provide proof of sale, to a non Wal-Mart related entity, of the existing Wal-Mart property located at 2350 W. Kettleman Lane prior to the issuance of the building permit for the new Wal-Mart Super-center without condition on the right of purchaser to lease or sell the existing Wal-Mart building.

DISCUSSION:

Council Member Hansen believed that the majority of consumers in Lodi want this project to proceed. They have had an opportunity to vote on whether or not there would be a restriction on the size of retail, and have rejected it. Council has heard and weighed the issues. He stated that this is a project that would allow Lodi to have some impact on the seepage of tax dollars going outside the City.

Mayor Pro Tempore Hitchcock stated that Council has done its best to ensure the intent of the Planning Commission to eliminate blight and to continue to maintain revenue. The revised resolution provides the flexibility for a new building to be constructed at the old Wal-Mart site, which may provide even more revenue and be a valuable resource to the citizens of Lodi.

VOTE: The above motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, Johnson, and Mounce

Noes: Council Members - None

Absent: Council Members - Mayor Beckman

February 3, 2005

B-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 Pro Tempore Hitchcock called for the public hearing to consider two appeals of the Planning Commission's decision regarding the Lodi Shopping Center project (Wal-Mart Supercenter) located at 2640 West Kettleman Lane:

a) Appeal filed on 12/10/04 by Natalie Weber/Steven Herum of the firm Herum, Crabtree, Brown to the Planning Commission decision on 12/08/04 certifying Final EIR 03-01, approving Use Permit U-02-12, and Tentative Parcel Map 03-P-001; and

b) Appeal filed on 12/13/04 by Timothy Cremin of the firm Steefel, Levitt & Weiss to the Planning Commission decision on 12/08/04 regarding two conditions: 1) Condition R of the use permit and tentative map approval resolution requiring signed leases for 50% of the existing Wal-Mart store before a building permit is issued for the new Supercenter and prohibits tenant restrictions; and 2) Condition requiring the project developer to fund the commercial linkage fee nexus study under Program 11 of the Housing Element and pay any adopted fees.

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Johnson second, adopted Resolution No. 2005-26 certifying the Final Environmental Impact Report (EIR-03-01) relating to the Lodi Shopping Center; State Clearinghouse No. 2003042113.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Johnson, and Mounce

Noes: Council Members - Hitchcock

Absent: Council Members - Mayor Beckman

MOTION #1:

Council Member Mounce made a motion, Hitchcock second, to deny the appeal and approve the resolution as presented by staff.

DISCUSSION:

City Attorney Schwabauer suggested that Council may wish to continue the public hearing and direct staff to work with Mr. Browman and his counsel to arrive at a condition that all are satisfied with and is enforceable.

MOTION WITHDRAWN:

Mayor Pro Tempore Hitchcock, withdrew her second, and the motion died for lack of a second.

MOTION #2 / VOTE:

The City Council, on motion of Mayor Hitchcock, Johnson second, continued the public hearing to consider the appeal of Timothy Cremin of Steefel, Levitt & Weiss and affirming the Planning Commission's decision on December 8, 2004, regarding two conditions relative to the Lodi Shopping Center project (Wal-Mart Supercenter) located at 2640 West Kettleman Lane to the regular City Council meeting of February 16, 2005.

The motion carried by the following vote:

Ayes: Council Members - Hansen, Hitchcock, and Johnson

Noes: Council Members - Mounce

Absent: Council Members - Mayor Beckman

February 2, 2005

The City Council, on motion of Council Member Johnson, Beckman second, unanimously approved the mid-year budget adjustment of filling one of the vacant positions in the Community Development Department in order to commence work on the City's General Plan.

January 19, 2005

E-11 "Adopt resolution approving Memorandum of Understanding between City of Lodi
And Lodi Police Dispatchers’ Association” AND "Adopt resolution approving Memorandum of E-12 Understanding between City of Lodi and Police Officers’
Association of Lodi"

Mayor Pro Tempore Hitchcock recalled that when this first came before Council she voted against it, due to the budget deficit and the condition in these Memorandums of Understanding (MOUs) that require a future salary increase to the mean of survey cities. The dollar amount is unknown. Ms. Hitchcock stated that she would again by voting against these MOUs for the reasons enumerated.

MOTION / VOTE:

The City Council, on motion of Council Member Hansen, Beckman second, adopted the following resolutions:

  • Resolution No. 2005-15 approving MOU for Lodi Police Dispatchers' Association; and

  • Resolution No. 2005-16 approves MOU for Police Officers' Association of Lodi.

The above motion carried by the following vote:

Ayes: Council Members - Hansen, Mounce, and Mayor Beckman

Noes: Council Members - Hitchcock and Johnson

Absent: Council Members - None