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A habit of splitting votes

Council members agree to disagree

By Chris Nichols
News-Sentinel Staff Writer
Saturday, September 27, 2008 5:48 AM PDT

Looking at the Lodi City Council's major land use decisions in recent years, a clear pattern emerges: There's a bloc of three men who almost always vote for approval, and often two women who oppose.

In interviews this week, Councilmen Bob Johnson, Larry Hansen and Phil Katzakian offered no apologies for their steadfast support of new development. Mayor JoAnne Mounce and Councilwoman Susan Hitchcock didn't back down either.

Mounce and Hitchcock contend the council needs to be more deliberate, and approve only "planned growth," not any shopping center or home project that comes Lodi's way.

"If I feel an item or project is being rushed, I think it's always good practice to take your time and do it right," Mounce said.

She and Hitchcock urged the council last week to hold off on a vote to allow major changes at Reynolds Ranch, a 226-acre development planned for southeast Lodi.

That 3-2 vote, a common tally for the five, approved 400,000 additional square feet of retail space at Reynolds Ranch, upping the total to 750,000 square feet.

Mounce, Hitchcock or both have contested more than a half-dozen large projects since 2004, including Hitchcock's 2005 vote against the Wal-Mart Supercenter project and Mounce's 2007 opposition of the Westside home development's environmental report.

Recent decisions by the Lodi City Council

Sept. 17, 2008: Council voted 3-2 to approve major changes at the Reynolds Ranch project, including a large retail expansion. Mounce and Hitchcock opposed, asking to delay the vote until the city's General Plan is updated.

July 3, 2008: Council voted 3-1 to approve redevelopment in Lodi. Mounce opposed, contending the public should vote on the powerful city planning tool. Hitchcock recused herself because her husband owns property in the redevelopment district.

March 21, 2007: Council voted 3-1 to approve the 745-home Westside project's environmental impact report. Mounce opposed, citing concerns the development would not include a 100-foot buffer between it and adjacent farmland. Hansen recused himself from the vote due to a conflict of interest.

June 6, 2007: Council voted 3-2 to appoint Dave Kirsten and Steve Hennecke to the Lodi Planning Commission, replacing Gina Moran and Randy Heinitz, who had applied to remain on the commission for a second and third term, respectively. Mounce and Hitchcock opposed, with Mounce questioning the timing of the move. "I'm opposed to getting rid of two commissioners that have a lot of history and experience going into the General Plan process," Mounce said at the time. Kirsten serves as Bob Johnson's campaign manager.

Aug. 16, 2006: Council voted 3-2 not to pursue a moratorium on growth. Mounce and Hitchcock opposed. Hitchcock had suggested the moratorium, saying the city needed more time to adequately plan for and review the implications of growth. Johnson, Hansen and then-Mayor John Beckman voted against pursuing the moratorium.

Aug. 30, 2006: Council voted 3-2 to approve initial plans for Reynolds Ranch, which called for a smaller shopping center than the new, recently-approved plans. Mounce and Hitchcock opposed the initial blueprints. Hitchcock expressed worries that the project would be too dense, while Mounce was skeptical that city-charged development fees would ever be used to enhance the Eastside as pledged.

Feb. 4, 2005: Council voted 3-1 to approve the Wal-Mart Supercenter project's initial environmental impact reports. Hitchcock opposed. Mounce voted in favor along with Johnson and Hansen, though she's expressed reservations about her vote since. Then-Mayor Beckman did not vote due to a conflict of interest. Hitchcock argued the environmental report did not sufficiently address the loss of agricultural land and potential for putting other grocery stores out of business. A San Joaquin County Superior Court judge overturned the council's approval later in 2005, citing insufficient environmental reports. Revised reports for the Supercenter project have been completed and will be reviewed by the council later this year.

— News-Sentinel staff

The two urged a moratorium on growth in 2006 — shot down by the rest of the council — two weeks after contesting Reynolds Ranch's initial 3-2 approval.

Councilman Johnson explained the men's voting habits this way:

"Are we voting in a bloc? Yes. But is it intentional? Is it planned or part of a nefarious plot? No. ... You're going to find, in any line of business, you've got to have three votes to get anything done."

Hitchcock, who's serving her third and final term on the council, acknowledged she gets frustrated by the voting patterns of the three men.

Still, she contends her very vocal criticism does have an effect: It provides for a new perspective, one that's sometimes incorporated into a development project.

"I'm sure there are times they wish they could put a muzzle on me," she added.

All five elected leaders said they're friendly with each other outside council chambers, even after they've vehemently disagreed inside.

"We have a lot of fun," Katzakian said, noting that Hitchcock will sometimes lean over to him after a particularly heated debate and ask: "'Are we still friends?' I say, 'Yeah, we are.'"

None of them felt plans are being hatched in private by two, three or any faction of the five.

The state's open meeting laws bar elected leaders from holding serial meetings, where a majority of them discuss or decide on an item that is to be voted on.

Nothing bars two individual council members, however, from discussing city matters.

Asked whether the council has enough diversity of thought, Johnson said that's not up for him to decide.

Voters will choose from five candidates for council Nov. 4. Both Johnson and Mounce are running for re-election. They'll square off against challengers Roger Khan, Kelly Bates and Cliff DeBaugh.

The council, whoever is on it, will have two huge land-use decisions to make soon. The Wal-Mart Supercenter project will be back before the council later this year, and the General Plan update — considered the Bible of city planning — will be up for a vote sometime next year.

"If you want diversification of opinion, you've got to get out of your recliner and run (for office)," Johnson added.

Contact reporter Chris Nichols at chrisn@lodinews.com.

Reader Feedback

oldguy wrote on Sep 28, 2008 8:20 PM:

" This whole scenario of votes is one of vision. The three men see a vision of Lodi being much like Elk Grove. That is not good or bad it is just a fact. The two women seem to have a different vision of Lodi. I Imagine they would like to see Lodi much like Carmel or Sausalition. That is not good or bad, it is a fact. Before condemning either side as yourself what vision do you have for Lodi. I tend to agree that a whole bunch of minimum wage jobs is not going to revitalize Lodi's economy. Nor do I believe WalMart selling thousands of dollars of groceries is going to increase the city's coffers. Unfortunately this election will have absolutely no effect on the way Lodi is run. You can let the Council know your vision by voting for only one of the two major candidates. "

Lodian wrote on Sep 28, 2008 5:53 PM:

" edumacation: Do you also post as "T & C"? How about "real facts"? "

Observer wrote on Sep 28, 2008 5:30 PM:

" To answer your question...no, I did not participate in the housing "bubble". I've lived in the same home for over 30 years. Now answer my question...what criminal charges should we expect to be filed against ANY local elected official, financial institution/real estate company and/or appraiser? I respectfully request a clear and concise answer. Thanks in advance. "

edumacation wrote on Sep 28, 2008 11:00 AM:

" To observer, commosense1 and patton1: I want to understand your answers to this question: Your answers will help many of us understand your motivation. My motivation is to route out fraud waste and abuse whether its "legal" or not. I hate to see people drink kool-aid that I know has been laced with poison. I have the responsiblity as a human. I know I don't have a legal obligation to tell people that the koolaid offered to them has been poisoned by the lie of ommission.
Here is your question: Do you think it is a "good thing" for professionals to promote NO MONEY DOWN, CASH BACK AT CLOSING Real estate specuvestors?

A yes or no answer is fine. Either you support the practice or you don't. I don't. But locally, most of the developers, builders, Real estate salesmen, RE appraisers, mortgage brokers, loan companies, banks and local government (for increased tax revenues) vigorously support real estate "investment".

Tell us. Did you support the largest housing price bubble in US history or pretend that it isn't there? "

edumacation wrote on Sep 28, 2008 10:08 AM:

" To Patton1: I enjoy reading your comment. FYI Look it up. Under California law, one of the elements that must be demonstrated in mortgage conspiracy cases is "planning". LOL "

edumacation wrote on Sep 28, 2008 9:49 AM:

" To Observer: Here is a news flash for you. Many courts and bail bond companies no longer accept property bonds or Real property as collateral for criminal defendants who want a bail bond. I hope to see more protection for our courts by completely eliminating property bonds. Why? If an alleged crooks in the mortgage/banking/developer/real estate industry post bonds with real property that has declining value, why should they appear in court? I like the cash bond approach and "lis pendens" on ALL real property to assure that civil damages will be paid to the victims. "

commonsense1 wrote on Sep 28, 2008 9:48 AM:

" Rushbo & edu give you a flavor of the mindless jiberish Johnson, Hansen and Katzakian have to listen to. "

Observer wrote on Sep 28, 2008 7:26 AM:

" Tell us edumacation....what criminal wrongdoing should they expect to find with our local leaders and the real estate/finance/appraiser community? Are you just copying and pasting T&C's old comments or are you coming up with these yourself? "

edumacation wrote on Sep 27, 2008 10:15 PM:

" The three musketeers are leaving their tracks everywhere. I can hardly wait until the next FEDERAL grand jury start asking questions about the developer/builder/Realtor/Appraiser/mortgage Loan cartel. I am at the point, you try to vote out the termites and vermin, but Uncle Sam will have a field day when the new US administration whoever it may be will start looking for criminal wrong doing. "

El Rushbo wrote on Sep 27, 2008 7:12 PM:

" Wait and see when the campaign disclosure documents become public record. Bob J. will have an incredible amount of RR/developer cash in his war chest............................ "

commonsense1 wrote on Sep 27, 2008 5:39 PM:

" Hitchcock and Mounce manage to be on the wrong side of most votes. Johnson, Katzakian and Hansen can just sit back and let these two make one incredibly foolish comment after another. It's amazing to watch. "

patton1 wrote on Sep 27, 2008 4:15 PM:

" LNS needs to do some homework. What growth has really had. To suggest that FCB and RR is not planned growth is a lie, plain and simple. "

Zinfandel wrote on Sep 27, 2008 1:02 PM:

" "
Observer wrote on Sep 27, 2008 10:26 AM:

" Interesting comments for a city that has experienced one of the slowest if not the slowest growth in the State. I've lived and worked in Lodi all my life. I'm enjoying my life more now than I ever have in the past. "

I couldn't agree with you more Observer. In fact, I am looking forward all the changes that RR and the SWM shopping center will bring to Lodi. "

gottago wrote on Sep 27, 2008 12:08 PM:

" WE HAVE JUST THE OPPOSITE IN GALT. IF YOU WANT TO SEE WHAT IT'S LIKE TO HAVE ALMOST NO GROWTH CHECK US OUT. WE ALSO HAVE THREE THAT DON'T WANT GROWTH, WELL ALMOST NO GROWTH.
BOTH WANT WHAT'S BEST FOR THE CITY.
SO WHOSE THE WINNER???? "

Observer wrote on Sep 27, 2008 10:26 AM:

" Interesting comments for a city that has experienced one of the slowest if not the slowest growth in the State. I've lived and worked in Lodi all my life. I'm enjoying my life more now than I ever have in the past. "

gafloyd wrote on Sep 27, 2008 9:22 AM:

" The growth.....to much and now look.. Lodi looks like a little Stockton...and soon to look like Sacramento...I moved to the Lodi area...in 1965..I was young in school. at night I could look up and see the stars. as I grew up the grapevines went...the trees went downtown lodi left..I crused School street...Lodi lake was free....and the grape's and wine were the big things in Lodi..not drugs gangs growth... "

Forester wrote on Sep 27, 2008 8:13 AM:

" As a matter of public record, campaign contributions that City Council Members had received in their election bids could be reviewed. I may do this. I am guessing that I would find that those three council members who seem to consistently "block" vote in favor of developing over pristine agricultural soils receive great financial contributions from those same developers that they are helping. This has been the way Lodi has worked since I moved here in 1965.I am just amazed that coninual groth has not somewhat slowed in lieu of the housing and financial crisis. "

zinfandel wrote on Sep 27, 2008 5:28 AM:

" "Hitchcock, who's serving her third and final term on the council ..."

Thank God! "

Comments on this story are now closed.



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