Loading...
HomeMy WebLinkAboutMinutes - September 12, 2006 SSCITY OF LODI INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, SEPTEMBER 12, 2006 An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, September 12, 2006, commencing at 7:01 a.m. A. ROLL CALL Present: Council Members — Beckman, Johnson, Mounce, and Mayor Hitchcock Absent: Council Members — Hansen Also Present: Deputy City Manager Krueger, City Attorney Schwabauer, and Interim City Clerk Perrin B. TOPIC(S) B-1 "Update and discussion regarding neighborhood concerns in the area of East Locust Street" Lodi Police Lieutenant, Virgil Monroe, reported on the following enforcement -related actions that have taken place in the area of East Locust Street: 0o Gang officers have increased enforcement efforts, and additional patrol units were assigned to work weekends. 00 Bicycle and motorcycle officers have been used, as well as plainclothes officers, to make arrests where appropriate. 00 Documented gang members living in the area have been identified. 00 Patrol officers were trained to focus on gangs, primarily in the 400 block of East Locust Street, but also the surrounding streets. 00 Implemented operations to tackle blight in the area, since it was determined that gangs use this m their advantage (e.g. shopping carts used to block police response in the alleyways, abandoned vehicles used to hide weapons and drugs, etc.). 00 Identified gang members in specific apartments in order to provide information to property owners as potential problem areas. 00 Evaluated calls for service, most of which were for loud music or domestic violence. 00 Motor officers enforced traffic laws in high -crime areas and created a more visible police presence. Many stops led to arrests for issues other than traffic violations. 00 Used surveillance in unmarked cars to watch and identify specific problems to better direct patrol units. 00 Used high -visibility patrols by flooding the area with special gang officers and directing officers at briefings on where to add extra patrol. 00 Reviewed strategies and continuously determining what can be done better. 0o Took a zero tolerance approach in regard to issuing citations and making arrests in order to discourage those activities and people from congregating in the area. Lt. Monroe reported that he met with various property owners and managers to discuss the problem apartment complexes and where the gang members are living, and many of the problem tenants have already been served eviction notices, which has led to the removal of many of those who were creating problems on the 400 block of East Locust Street. Recommendations were provided to the owners and managers including posting properties with no loitering/no trespassing signs, which provided the Police Department the authority to disperse the groups congregating in the area. It was also suggested that property owners and managers better secure their properties with gates and fences and to have abandoned automobiles removed from the parking lots. The Police Department has begun the process of future follow-up meetings with the property owners and managers to see what has helped and whether any new problems have arisen. 1 Continued September 12, 2006 Mayor Pro Tempore Johnson questioned if there has been reluctance by any of the property owners or managers to cooperate and whether or not retaliation has occurred against anyone working toward this effort. Lt. Monroe responded that a majority of the property owners and managers are cooperating; however, there are a few who are not following through on their promises to post signs, paint over graffiti, or install gates and fences. In regard to retaliation, he has seen no evidence of it nor has he received any complaints from the neighboring residents. Lt. Monroe further reported that the first community meeting regarding neighborhood concerns on East Locust Street took place at a Lodi Improvement Committee meeting. A follow-up meeting was held at the Lodi Police Department, at which time specific issues and apartment complexes were identified. The Police Department strongly encouraged the residents to establish a Neighborhood Watch Program in the area. Lt. Monroe displayed examples of no parking signs and no loitering/no trespassing signs and reiterated that the posting of these signs provides a reason for a police officer to lawfully ask for identification and investigate whether or not a possible violation is occurring. In response to Mayor Hitchcock, Lt. Monroe explained that Locust Street is an attractive environment for gangs to congregate due to the large number of apartment complexes, access in front and back, and easy methods of escape. The Police Department has tried to make the area as unappealing as possible to gangs so that they will leave the area, which often times results in the Police Department increasing its patrol in other areas. Joseph Wood, Community Improvement Manager, reported on the code enforcement response to resolve the issues in the neighborhood. From the Police Department's initial contact with property owners and managers, follow-up contacts were done on a number of properties to address specific code enforcement issues such as property maintenance in the front and rear areas, vehicle abatement, junk and debris, garbage containers, and substandard housing. The side-by-side properties at 408 and 412 East Locust Street were tagged a number of times with graffiti, painted over in a number of mix -matched colors, and have a number of substandard housing conditions. Code enforcement staff has performed a detailed walk through of the common areas and is working with the property owner on rehabilitation of the units. A major concern with these properties was the unsupported air conditioning units that were hanging out of the second -story windows, on which the property owner is working wth the tenants. Once the current tenant is evicted from 412 East Locust Street, the property owner will work with staff to establish a list of necessary repairs prior to it being re -occupied. In addition, the property owner has entertained the idea of rehabilitating both properties completely, and staff has provided him with information regarding what would be allowed should he choose to demolish both buildings and rebuild. He would be restricted on the 412 property to building a single-family dwelling; however, he could build another apartment building on the 408 property with certain restrictions on the number of units. Staff has opined that the ideal would be to demolish both buildings, split the two parcels into four, and replace with four single-family dwellings. The first sweep by code enforcement involved vehicle abatement, and those vehicles have been voluntarily abated, removed, returned to service, or towed. In addition, staff has made contact with residents, informing them of tenant -related issues that need to be corrected. There are also a number of rear parking areas that are in extreme disrepair, and staff will be working with the property owners as to what their responsibilities are for maintaining those areas. Staff has encountered an issue where the decay and deterioration of the parking areas are running into the alleys, resulting in pot holes going into the public right of way. Unfortunately, Public Works does not currently have alley rehabilitation scheduled as one of its projects; therefore, property owners are being encouraged to contact Public Works for instructions on filling in them in the interim. The property owner of 425 East Locust Street has been noticed regarding the accumulation of debris in the rear parking areas and around the dumpsters. Staff has been working with Central Valley Waste to resolve the issue of overflowing garbage cans and dumpsters by either increasing service to allow for the volume or providing larger containers, and staff is enforcing the requirement that dumpster enclosures be replaced in order to provide visual screening and containment of overflow. W Continued September 12, 2006 Lt. Monroe reported that there are currently 350 documented gang members residing in Lodi. There are specific criteria set forth by the District Attorney's Office in order to document a gang member, and the purpose for doing so is that it adds enhancements to the crimes committed. Council Member Mounce questioned if information regarding documented gang members can be provided to property owners as a reason to evict them, to which Lt. Monroe responded that the information can be shared; however, it does not necessarily mean they will be evicted. He pointed out that quite often it is the parents of the gang members who own or rent the home. Ms. Mounce questioned how long it takes to evict someone, to which Lt. Monroe stated that it can be a lengthy process. In response to Mayor Pro Tempore Johnson, Lt. Monroe estimated that, beyond the 350 documented gang members, there is most likely an additional thousand or more undocumented gang members in Lodi. Council Member Beckman questioned if a tenant could be evicted on the basis of being a documented gang member, to which City Attorney Schwabauer explained that it would depend on whether it was an at -will base or not. A month-to-month lease could be terminated in such a manner; however, a longer-term lease could not. Regardless of whether it was a 30 -day or 3 -day breach of lease eviction notice, it could take a motivated landlord five to eight months to secure the removal of a tenant. In response to Mayor Hitchcock, Lt. Monroe stated that a points system is used to document gang members, such as dressing as a gang member, photos of flashing gang signs, associating with gang members, etc. Lt. Monroe reported that there are 75 gang members living within a five -block radius. From January 1 through August 30, 2005, there were 335 events (mainly calls for loud music and domestic violence) in the area of Locust Street between Stockton Street and Cherokee Lane. The events increased to 529 during the time period of January 1 to August 30, 2006. In addition, the officer -initiated events increased from 62 during the same time period in 2005 to 94 in 2006. Lodi Police Captain, David Main, reported that there are a number of obstacles that make it difficult in dealing with gang problems, including it being a societal problem, spikes in gang violence Nationwide, the length of time it takes to remove graffiti, staffing shortages, fiscal limitations, frustrations with the judicial system, landlord -tenant laws, citizen expectations versus what is legal, and the fact that the police cannot racial profile. The Police Department is committed to residents in the area and will continue to maintain a high visibility and no tolerance approach to the problem. An early warning system for problematic call locations will be implemented, and the City will continue to aggressively recruit for the highest -quality police officers in order to become fully staffed. District meetings will be reinstituted in order to exchange information regarding activities and issues taking place in the various neighborhoods. In response to Mayor Pro Tempore Johnson, Captain Main stated that the Police Department is currently recruiting for authorized, unfilled positions and added that this year alone the Police Department will have hired 14 new officers. In addition to East Locust Street, the Police Department is also focusing on other problematic areas, such as West Locust Street, the theater, and downtown bars. Council Member Mounce stated that she has seen an increased concentration of homeless people in the downtown area over the last two to three weeks and questioned how the Police Department intends to address the issue. Captain Main stated that the difficulty lies in the fact that the homeless have every right to be there unless they are intoxicated or violating the law. He further stated that staff is in the process of developing a plan to deal with this issue, as well as the teenage congregation problem at the theater. 3 Continued September 12, 2006 In response to Mayor Hitchcock, Captain Main stated that the main area that could use additional staffing would be the patrol division. COMMENTS BY THE PUBLIC: 00 David Nielsen thanked the Police Department for its efforts and stated that there has been a noticeable change in the area. He provided an update on his communications with the neighbors and the various incidents that have occurred in the area. He reported that he has established the Locust Block Project at www.mysl2ace.com and developed www.eastlodinews.com and www.seelodi.com, which are platforms for neighbors to document the activities taking place. He stated that AB 1169 is currently on the Governor's desk, which would require landlords to give a 60 -day eviction notice, rather than a 30 -day notice, to which he is opposed. The neighbors are waiting to see if the landlords follow though wth the various corrections and improvements prior to pursuing abatement lawsuits; however, he believed it was not moving quickly enough and stated the residents were becoming frustrated. He continues to research government grants and is working toward the following: "Paint East Lodi" campaign; Parks and Recreation activities at Hale Park; turning vacant lots on Locust Street into basketball or handball courts; establishing a Heritage Homeowners or Historical District Association in order to generate money for revitalization and recreational infill projects; rallying against mobile food vendors, which encourages gangs, blight, and unsanitary conditions; involvement of churches in Adopt -a -Block programs; involvement of the Downtown Lodi Business Partnership to better promote east side businesses; promoting Boy Scout Troop 63 on the east side; coordinating a street band for kids, as well as computer and educational classes through the Lodi Unified School District; and researching and exploring creative solutions that have worked in other communities. He questioned the status of the City Attorney's development of a legal plan to assist in abating nuisance properties and the research of State Penal Code 186.22A and whether it applies to the City of Lodi. He further expressed concern regarding the following issues: ➢ Only two properties in the area have been painted in the last three months. ➢ The Union Pacific Railroad easement behind the parking garage remains an eyesore filled with garbage, rusty buildings, and weeds. ➢ The dilapidated buildings are not being demolished. ➢ Garbage is stored and dumped between Locust and Elm Streets. ➢ There is a used car lot along the residential properties of East Pine Street. ➢ Toxic chemicals are stored in a vacant lot in the 300 block of East Locust Street. ➢ Questioned the status of the proposed ordinance regarding yearly inspections for code enforcement violations. City Attorney Schwabauer stated that former City Attorney, Bob McNatt, provided informal advice to a citizens group on how to prepare this type of litigation and added that he would certainly do so as well, provided that Council so directs. He expressed concern that providing this advice could expose the City to liability, pointing out that he would have little or no control over the direction of the litigation. Mr. Schwabauer also stated that any assistance on his part could affect his current caseload, all of which have litigation deadlines that cannot be placed on hold. To date, no code enforcement cases have been brought to the City Attorney's Office by code enforcement for prosecution. Council Member Mounce stated that she has followed these neighborhood suits very closely and believed that all but one case proceeded through Small Claims (burt successfully. Ms. Mounce stated that she previously served on the East Side Improvement Committee (now Lodi Improvement Committee), at which time Bob McNatt reviewed the information the Committee was supplying to the community al Continued September 12, 2006 regarding what citizens could do in this type of situation. She believed that the Committee should once again help citizens by creating an informational packet, to be reviewed by the City Attorney's Office, which would provide the tools and direction needed to address and resolve these issues. She stressed the importance of documenting the effort, which will be necessary to build a strong case should the issue proceed to court. Mayor Pro Tempore Johnson suggested that the San Joaquin County Rental Association may have this type of information already in place. In response to Mayor Hitchcock, Council Member Mounce stated that in 1993 the City Council created the East Side Improvement Committee, which worked closely with Bob McNatt. When former City Attorney Randy Hays replaced Mr. McNatt, he put an end to the Committee's efforts due to liability concerns, which ultimately resulted in the Committee losing its effectiveness and its ability to empower the citizens in this regard. She believed that act alone negatively effected the positive changes that were taking place on the east side. 00 Eileen St. Yves commented on the negative impacts that would result from the proposed legislation amending the eviction notice time period to 60 days. She stated that this is a no-fault notice, with no sunset clause, and a landlord must have a valid reason as to why the tenant is being evicted. In response to Mayor Hitchcock, Ms. St. Yves stated that support for this legislation is primarily coming from Southern California tenants' rights groups. In response to Mayor Pro Tempore Johnson, Ms. St. Yves stated that she believed property owners and managers have a responsibility to maintain the property and operate the business at the highest level possible. She stated that, during the Committee's efforts in 1993, there vias some concern expressed that members were becoming too aggressive, which resulted in threats of potential lawsuits. Ms. Mounce stressed again that she would like to see an informational packet created, with the City Attorney's approval, that could be distributed to citizens by the Committee. Ms. St. Yves suggested that, in addition to the informational packet, the City also secure support and direction from the Court. Council Member Mounce offered to share the informational literature from the efforts in 1993 with the City Council and City Attorney. Ms. St. Yves further reported on AB 2712 currently on the Governor's desk for approval, which deals with sexual predators being a protected class and property owners not having the authority to deny them as a renter. In response to Council Member Beckman, Ms. Mounce stated that there is a series of approaches a neighborhood can take, which could take up to a year to complete, and the final solution would be a lawsuit. Most of the residents are not aware d the resources available to them and that by joining together they could have a significant impact on an uncooperative landlord. Mr. Beckman expressed support for the City Attorney creating an ordinance that would allow neighbors to sue nuisance neighbors a bit more easily in Small Claims Cburt and further suggested that the informational packet from Ms. Mounce also be provided to David Nielsen. C. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS 00 Sheila Wages with HRI Property Management expressed concern regarding vagrants in the downtown area and stated that they leave hypodermic needles, shopping carts, knapsacks, and clothes around and urinate in public areas. She stated that her company is in the process 5 Continued September 12, 2006 of developing a large project on Sacramento Street across from the parking garage; however, it is reconsidering it based on the activities occurring in the area. She has noticed that, since bicycle patrol Officers Paine and Trevino have left the downtown area, the problem has increased 100%. In response to Council Member Beckman, Lt. Monroe stated that there is presently only one bicycle officer working downtown due to staffing shortages; however, the goal is to restore the standard level of bicycle patrol once staffing levels return to normal. In response to Mayor Hitchcock, Lt. Monroe stated that the Police Department is committed to having a certain number of officers on patrol in order to maintain the minimum requirements, and the Police Department has made cuts in other units as well; not only bicycle patrol. Mayor Hitchcock believed that this issue should be dealt with in the interim until an officer gets on board, even if that means shifting officers from other areas. Mayor Pro Tempore Johnson stated that years ago the San Francisco Financial District had special officers, who were armed and had powers of arrest, that were paid for by business people to patrol particular neighborhoods. He also commented that some communities are hiring sworn police officers to handle specific community problems. He requested that staff further research these ideas and report back on the feasibility. Ms. Wages stated that she did not believe the problems downtown were due to staffing shortages; rather, it is the different approach to the problem. Officers Paine and Trevino made it highly uncomfortable for vagrants, which discouraged them from congregating downtown, unlike the approach of the new officer. Council Member Beckman suggested that staff also research the possibility of an officer paid for by the Downtown Lodi Business Partnership, similar to a school resource officer. 00 David Nielsen stated that the homeless situation is also prevalent at Hale Park and along East Locust Street and Cherokee Lane. He recounted an experience he had recently at a local laundromat where some homeless people were harassing him with physical threats of violence and were ultimately not arrested. He complained that there are ordinances in effect that are not being enforced by the Police Department or the City. 00 Dan Servin stated he lives downtown above a local business and has witnessed many problems with the homeless, including discarded needles and alcohol containers, trash, public urination, etc. In response to Council Member Mounce, Mr. Servin stated that he has seen an increase in the homeless since Salvation Army moved from the area and he further complained that the homeless purchase alcohol at Tokay Liquors and proceed to sit downtown and drink. He stated that, rather than citing skateboarders and bicyclists, the police should cite the homeless for drinking in public. City Attorney Schwabauer explained that one cannot constitutionally criminalize the state of homelessness, which would be an issue to take up with State and Federal government. Additionally, one cannot criminalize the state of congregating—one can loiter as long as it is not for the purpose of committing a crime. A police officer must have probable cause to believe one is drinking alcohol or using drugs and can stop someone for questioning only if there is evidence (e.g. carrying an alcoholic beverage container, smelling alcohol, etc.). Mayor Pro Tempore Johnson questioned if there were an abnormal number of police calls coming from the corner liquor store and if it was possible to put pressure on the liquor store owner to not sell the products, which in turn may prevent vagrants from loitering. 00 Myrna Wetzel suggested that downtown be cleaned with a high-pressure washer. Con Continued September 12, 2006 D. ADJOURNMENT No action was taken by the City Council. The meeting was adjourned at 9:06 a.m. ATTEST: Jennifer M. Perrin Interim City Clerk AGENDA ITEM is lot CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Update and discussion regarding neighborhood concerns in the area of East Locust Street (CD / PD) MEETING DATE: September 12, 2006 PREPARED B Y Jerry J. Adams, Chief of Police RECOMMENDED ACTION: Lodi Police Captain David Main, LieutenantVirgil Monroe, and Joseph Wood, Community Improvement Manager, will make a presentationto City Council members and staff regarding neighborhood concerns relative to a specific area located on East Locust Street. The presentation will include police actions, community involvementand code enforcement response. BACKGROUND INFORMATION: The area of East Locust Street between Stockton and Cherokee Lane has been the subject of considerable discussion with respect to crime and gang problems. There have been community meetings providing a forum for residents to share their concerns as well as brainstorming possible solutions. The Police Department has collaborated with Code Enforcement and residents and developed a number of strategies to combat crime and causes in the area. The presentation is intended to update city council members and staff on strategies taken thus far and what is planned for the future. FISCAL IMPACT: N/A FUNDING AVAILABLE: N/A Jerry J. dam Chief f Police JJA:sm Cc: City Attorney Community Development Director APPROVED: Blair ktrtf City Manager