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HomeMy WebLinkAboutAgenda Report - November 17, 1993 (63)0�4+ OF Y CITY OF LODI COUNCIL COMMUNICATION 10 %ft AGENDA TITLE: Development of Scope of Work and Cost Estimate for Proposal by Freedman, Tung, & Bottomley for Downtown and Cherokee Lane Revitalization Programs MEETING DATE: November 17, 1993 PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council authorize and direct staff to prepare a Scope of Work and Cost Estimate with the urban planning firm of Freedman, Tung, and Bottomley (FTB) for Downtown Revitalization and Cherokee Lane Improvement projects. BACKGROUND INFORMATION: On August 6, 1993, Michael Freedman, Principal of FTB, presented a "Downtown Revitalization Symposium" and on November 5, 1993, a "Cherokee Lane Improvement Symposium." The response from business owners and other members from the community has been extremely positive. The consensus recommendation is that the City begin, to research the feasibility of retaining the services of FTB for downtown revitalization and Cherokee Lane improvement projects. In order to determine the extent of the possible project costs, it is requested that staff be authorized to work with FTB to develop the Scope of Work. Attached is a reference list of FTB clients. FUNDING: None required at this time_ Respectfully a"L&Atted, _-_ ttt.67 • �. Thomas A. Peterson City Manager Prepared by Janet S. Keeter Economic Development Coordinator TAPJJSK:br Attachment CCCOM864JTXTA.07A APPROVED �, THOMAS A. PETERSON recrcl*0 o+w� City Manager i CC -1 F8110MAI T U N 6 & B 0 1 T 0 m I E Y lhban Design & plamblaq Dittrict ilaYltalitation Street 3i Ylm 04tlpa REFERENCES • Mr. Bruce UedsemW a Ms. Lynrde Melena City Martnger Senior Utban Plarttter City of Cathedral City Qty of Mountain View P.O. Box 5001 500 Castro Street Cathedral City, California 922 9 P.O Boot 7540 (619) 770-0372 Mountian View, Califonda 94039 (415) 903-63116 ■ Mr. "Foltz City Ada irdaratar a Mr. Joel Patteraort Ms. Latera Duncan Planning Director Redevelopment Coordinator Mr. Charles Jany City of Yuba City Principal Planner 1201 Civic Center Boulevard City of Redwood City Yuba City, California 95993 PtannIM Division (926) 7414601 1017 Middlefield Road Redwood City, CaWmnit 94063 ■ Ms, Margltrrt Mullen (415) 780-7234 Executive Director Downtown Phoenix Partnership ■ Mr. Steve Goodhut 502 East Monroe St., Suite Cl Txertttivt Director rhoenix, iw 851X13 AnKs Chntnber of Commerce (602) 354-8696 125 South Third St. P.O. Box 450 s Mr. Don DuclK orth Amm IA S(1010 City Manager (515) 232-2310 City of Arcadia 240 West Huntington Drive ■ M& Diana Whiteear Arcadia, CA 910007 Program F*vek>pmi! d Director (818) 574-5401 San Jose Redevelopment Agency 101 Park Ginter Plan, Suite 800 to Mr. Everett Millais San lose, California 95113 Director of Community (roti) 277-58n Development City of San Buenaventura ■ Mr. Don Mcieworth 501 Poli Street City Manager P.O. Box 99 City of Meadia Ventura, California QI,=-0099 240 West Huntington Drive (805) 654.78M x626 Arcadia, California 91007 (818) 574-54M 47 Krwrry �*W Suit SW Son F m9d o U 94108 537 41S291.9455 m RJG-10-1993 16:07 41529-19-455 P.06 i DISTRICT CHAMBER OF COMMERCE November 17, 1993 Honorable Mayor Phil Pennino Councilmembers City of Lodi P.O. Box 3006 Lodi, CA 95241 Dear Mayor Pennino and Councilmembers: The Board of Directors of the Lodi District Chamber of Commerce urge the Lodi City Council tonight, to authorize and direct staff to prepare a Scope of Work and Cost Estimates. with the urban planning firm of Freedman, Tung and Bottomley for Downtown Revitalization and Cherokee Lane improvement projects. During the past two years a Chamber Cherokee Lane Business Committee directed by Richard Sanborn has been involved in efforts to revitalize Cherokee Lane. The Chamber has also endorsed efforts by the Lodi Downtown Business Association to upgrade Downtown Lodi. Based on a series of meetings with Michael Freedman, the Chamber believes that his firm has the background, experience and proven track record to play a vital part in the revitiliation of Downtown Lodi and Cherokee Lane. Both of these areas creates jobs; generates together the majority of the City's sales tax revenues; and are beneficial in many other ways to the citizens of Lodi. In addition to urging that the City Council move forward tonight with the firm of Freedman, Tung and Bottomley, the Chamber desires to continue to be an active partner with businesses, property owners and the City of Lodi, and upgrading both Downtown Lodi and Cherokee Lane. Sincerely, Ra Hirnin •� Y g President •CC!=17 O 1330 S HAM LANE • PO 50X 386 • LODI CA 95241 • PHONE (209) 367.7840 • FAX (209) 334-0528 1 CITY OF LODIpj 0 ACTION SLIP ol "an 120M. t A A IU— c; FM ACT04 001CATM As A ow ,JR71, ra oam, 0 no~ vow cal 0 ft FWq 0 cwmm 0 w" in owvo 0 ro mm" D Ammw 0 wo Cos am* 0 cwopla -1 mmmw 0 moko" 0 pww ph&* 0 Pw vow swmm 0 LIA's DUO* 0 P*4" c~ 0 rw" %ft cam of Tft . w/ F778- or CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Ordinance entitled, "An Ordinance of the City Council of the City of Lodi Adding a New Chapter 9.10 to the Lodi Municipal Code Relating to the Prohibition of Loitering by Minors During Certain Hours" MEETING DATE: November 17, 1993 PREPARED BY: Bob McNatt, City Attorney RECOMMENDED ACTION: Second reading/adoption of the attached curfew/loitering ordinance. BACKGROUND INFORMATION: At its October 4, 1993 meeting, the City Council introduced Ordinance No. 1588, addressing a curfew/loitering statute. However, before final adoption, the Council directed staff to circulate the ordinance draft to organizations whose members might be subject to its provisions. That has now been done (please see attached mailing list). To the date this communication was prepared, I have received only one written comment from a community organization other thar. the student newspaper at Tokay high School. A few individuals have called with questions as to its applicability, but the only verbal comments received have all been positive. If adopted by the Council at the November 17, 1993 meeting, the ordinance would become effective 30 days thereafter. FUNDING: Does not apply. Respectfully submitted, Sob MCNatt City Attorney BM:cj Attachments CCI,OIT/TXTA.01V APPROVED:. `J THOMAS A. PETERSON City Manager CC -1 s A Lodi Ministerial Association Attn: Lyle Morris Salvation Army 525 W. Lockeford Street Lodi, CA 95240 Lodi Chapter Demolay Lodi Masonic Temple 315 W. Pine Street Lodi, CA 95240 Jobs Daughters Bethel *276 Lodi Masonic Temple 315 W. Pine Street Lodi, CA 95240 Rainbow for Girls Lodi Masonic Temple 315 W. Pine Street Lodi, CA 95240 4-H Club Council of San Joaquin County U.C. Cooperative Extension 420 S. Wilson Way Stockton, CA 95205 Boy Scouts of America, Forty Niner Council 837 Shaw Road Stockton, CA Dr. Sam Swofford Superintendent Lodi Unified School District 1305 East Vine Street Lodi, CA 95240 Boys, and Girls, Club of Lodi P. 0. Box 244 Lodi, CA 95241 aw� ;"4! Ms. Dee Porter Chairman Gang Alternative Project 103 Koni Court Lodi, CA 95240 Greater Lodi Youth Commission c/o Mayor Phillip A. Pennino 221 West Pine Street Lodi, CA 95240 Boosters of Boys' and Girls' Sports c/o Dave Akin 125 N. Stockton Street Lodi, CA 95240 T ft ORDINANCE NO. 1588 siocia ass aisa iss as AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADDING A NEW CHAPTER 9.10 TO THE LODI MONICIPAL CODE RELATING TO THE PROHIBITION OF LOITERING BY MINORS DURING CERTAIN HOURS aaassiaiisaiasass ssasasasa as si s:assa s esssa aa.................. 00000 . sae BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Chapter 9.10, Loitering by Minors Prohibited During Certata Hours, is hereby added to the Lodi Municipal Code to read as followu: Chapter 9.10 Loitering by Minors Prohibited During Certain Hourg 5.10.010. Findinas. The City Council hereby finds and declares that the problems associated with minors loitering on City streets and in other public places between the hours of 11:00 p.m. and 5:00 a.m. is S-- increasing _increasing problem, creating a danger to both the public and to the minors by allowing such minors to be in contact with or have the opportunity for participation in street gangs, illegal drugs, and other unlawful activity while not under direct parental supervision. The City Council further finds and declares that the problems associated with such juvenile loitering impair the use and enjoyment of public and private property by law abiding citizens, create enforcement problems for police, and generally make the City a less desirable place to live. It is therefore necessary for the City Council to protect both the members of the public and the minors who are at risk by regulating certain conduct by minors while in designated public places. It is not the intention of the City Council to place restrictions upon minors while in such public places which involve legal and constitutionally protected activities. It shall be unlawful for a minor, as defined herein, to loiter in any public place within the City between the hours of 11:00 p.m. and 5:00 a.m. of the following day, subject to the definitions and exceptions contained in this Chapter. 9.10.030. Responsibility of Parents or Guardians. It shall be unlawful and a misdemeanor for any parent or guardian having the legal care or custody of a minor to knowingly allow or permit such minor to violate the provisions of this Chapter. -1- T 9.10.040. Definitions. For purposes of this Chapter, the following definitions shall apply: 1. "Loiter" shall mean the lingering for the specific purpose of committing a crime or crimes as the opportunity may be discovered. 2. "Public place" shall mean any street, sidewalk, alley, park, outdoor recreation facility, or other similar publicly -owned property generally open to the public, and shall also include privately -owned property mstomarily open to the public, including but not limited to restaurants, malls, and parking lots, but shall not include- theaters, arcades or similar places of supervised amusement. 3. "Emergency" shall mean an unforeseen situation involving the health, safety, or welfare of the minor, of the minor's employer, or a member of the minor's immediate family, and which requires the minor to be present in a public place between the hours of 11:00 p.m. and 5:00 a.m. of the following day. 4. "Minor" shall mean a person under the age of eighteen years. 9.10.050. Exemptions/Exceptions. This Chapter shall not apply under the following circumstances to minors: 1. Emancipated pursuant to the provisions of Califorria Civil Code Section 64 et seq. or similar statutes of another State. 2. Accompanied by a parent, guardian or other adult having legal care or custody of said minor. 3. Upon a specific, legitimate errand at the direction of a parent or guardian having the care or custody of a minor, while such minor is actually and directly carrying out such errand. - 4. Going directly to or coming directly from a place of public amusement, school function, or place of employment, with the knowledge and consent of the minor's parent or guardian. 5. Present in a public place because of an emergency, as defined herein, while actually dealing with or responding to such emergency. .2- 4 9.10.0603 Circumstances Manifesting Intent to Loiter. Circumstances or factors which may create a presumption of violation of this Chapter as it applies to determining intent to loiter, include but are not limited to the following: 1. Tho minor's presence in a public place known by police as a location in which illegal drug-related activity occurs or has occurred; 2. The minor's presence in a public place known by police as a location in which street gang members customarily congregate; 3. The minor's presence in a public place, without a legitimate reason, after such minor has been found in such public place, admonished or advised of this ordinance by a police officer and given the opportunity to leave such public place(s). The presumption created by this paragraph shall be valid only if the advisement or admonishment occurs during the same 11:00 p.m. to 5:00 a.m. period specified above, as any alleged violation; 4. The minor's presence in a public place with or in a group wherein two or more persons are wearing or displaying street gang paraphernalia. For purposes of this Chapter, "gang paraphernalia" shall include distinctively -colored, styled or marked clothing, hats, bandannas, emblems, or symbols intended by the wearer to identify that person as a member of or associated with a known street gang; The minor's presence in a vehicle which has been observed by police to drive past one specific location in the City more than twice during any single period of time between 11:00 p.m. and 5:00 a.m, of the following day. The presumption created by this paragraph shall be valid only if the observation by police occurs during the same 11:00 p.m. to 5:00 a.m. period specified above as any alleged violation. 9.10.070. Severability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have passed this Chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Chapter should be declared invalid or unconstitutional, then the original ordinances shall be in full force and effect. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SSR9_T_ION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and taxe effect thirty days from and after its passage and approval. Approved this 17th day of November, 1993 f Gi� PHILLIP A. PENNINO Mayor Attest: FE R PERRIN City Clerk acscc�e�ccoa�oa�c�csoc�coac3==an�c�na=n.-.cocso�cac=c��an=a000v=aaa.ata. State of California County of San Joaquin, sa. I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1588 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 1993 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held November 17, 1993, 1993 by the following vote: Ayes: Council Members - Davenport, Mann, Sieglock. Snider and Pennino (Mayor) Noes: Council Members - None Absent. Council Members - None Aratain: Council Members - None I furtht:r certify that Ordinance No. 1588 was approved and signed by the Mayor on the date of its passage and the same has-been published pursuant to law. IFER PERRIN` ity Clerk Approved as to Form BOBBY W. MCNATT City Attorney -4- C; r CITY COUNCIL PHILLIP A. PENNINO. Mayor JACK A. SIECLOCK Mayor Pro Tempore RAY C. DAVENPORT STEPHEN J. MANN JOHN R. (Randy) SNIDER t CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209)334.5634 FAX (209) 333-679s November 9, 1993 THOMAS A. PETERSON City Manager JENNIFER M. PERRIN City Clerk 808 McNATT City Attorney Chief Larry D. Hansen ` Lodi Police Department 230 W. Elm Street ( Lodi CA 95240 Dear Chief Hansen, The Lodi Youth Commission would like to lend its support to the creation of a curfew for youth in the City of Lodi. The Youth Commission, structured as a board appointed from both the City of Lodi and the Lodi Unified School District, is concerned with focusing educational and recreational opportunities for area youth. The Youth Commission is committed to supporting the local police department in their quest to best manage our City's young population. Sincerely, Lodi Youth Commission Members including: Gary Alegre Gary Lund Nancy Dobler Debra Parkins Marilyn Field Phillip Pennino Mary Fritts William Pirtle Jeff Glenn Rick Souza Charlene Lange Dear Mr. Phillip A. Pennine, TOKAY HIGH S OOE Student Government 1111 W. Century Boukyw&- Lodi, California 95240 (209) 331-7890 November 16. 1993 We are writing on behalf of the Tokay Student Government in regards to ordinance No. 1588. After reviewing the loitering proposal, we have come to the following conclusions: First of all this law will make it possible for police officers to pick up minors who involve themselves in gang and drug activities in public places. We feel that by apprehending these unlawful minors who choose to violate this law will encourage their parents to be more involved and cgncerned about their child's welfare. Another positive aspect of the prtiis?tance is the enforcement of the public's rights to a safe community b,6tween the hours of 11 pm to Sam. Along with the positive aspects we have also discovered a few "open ends" to this ordinance. We are concerned about how police officers will be enforcing this ordinance. Also, we would like some assurance as to what might happen to repeated offenders. We would like to see some type of counseling offered to the offender and their family. Overall, we believe the ordinance has good intentions, and will serve the public in a positive manner. We thank you for your consideration of the views and opinions of the Tokay High Student Government. Sincerely, Tokay High Student Government s r < F!-!- November 16,1993 Dear Mayor Pennino, Thank you for your involvemec4Vith the Lodi.Academy Student Government concerning V Lli, t -i LLjI Ordinance 1588, a new Chapter 9.10 in the Municipal Code relating to the prohibition of loitering by minors during certain hours. The Lodi Academy Student Government unanimously approved of Ordinance number 1588 and are in favor of the passing of this ordinance. We feel that this proposal will assist in helping the City of Lodi be a safer place to live. However. many concerns were brought up by the members of the Student Government and we feel that we should share some of these concerns with you. Our first concern is that under Chapter 9.10.060., part 5, a police officer may mistakenly pull over a vehicle that has not been driving past a certain location more than twice. A 'No cruising' rule is more clearly understood to those who may violate this code. Another concern is that if a minor is taken down to the police station to wait for hislher parents, the accompanying officer will be off the streets waiting with the minor instead of continuing regular designated duty. These are our main concerns about Ordinance 1588. Thank you for including us in the participation of this public concern. We hope you will contact us again. Sincerely, C4 lz,-rl Erik Payne, chairman Chad Bunch, 12th grade representative Lodi Academy Student Government