City Council
Regular MeetingLodi, NJ · June 9, 2020
Minutes
LODI CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, JUNE 9, 2020
A. Call to Order / Roll Call
The Special City Council meeting of June 9, 2020, was called to order by Mayor Kuehne
at 7:09 a.m.
NOTE: Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, the meeting
was available for viewing by the public via livestream at www.facebook.com/cityoflodi; the
opportunity for public comment was available through councilcomments@lodi.gov.
Present: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
B. Regular Calendar
B-1 Adopt Resolution Approving Temporary Downtown Public Parking Stall Dining Standard
Plan and Encroachment Permit, and Authorizing Expenditures ($20,000); Receive
Direction Regarding Long-Term Closure of Elm Street, Between School Street and
Sacramento Street to Vehicles (PW)
Public Works Director Charlie Swimley provided a presentation regarding temporary Downtown
Public Parking Stall Dining Standard Plan and encroachment permit. Specific topics of
discussion included overview, Standard Plan and encroachment permit, and compliance and
liability.
In response to Council Member Mounce, Mr. Swimley stated the encroachment permit fee for this
type of closure would be $47.
In response to Council Member Mounce, Mr. Swimley stated that the decision whether to bring in
or chain up the tables and chairs each night would be up to the restaurant, with the only
restriction being that the furniture must be removed after 48 hours if not in use.
Council Member Mounce expressed concerns about theft and vandalism.
In response to Council Member Chandler, Senior Engineering Technician Denise Wiman stated
that she has worked for 12 years with the Downtown businesses and Risk Management on
encroachment permits, and the City is at very low risk for trip and fall issues related to Downtown
outdoor seating.
Mayor Kuehne suggested additional language be included to require businesses to either secure
or move their furniture indoors overnight.
Council Member Chandler disagreed, stating these businesses are already experienced and the
City should not make the process more prohibitive.
Mr. Swimley stated seven businesses have expressed interest in the program: Shangri La,
Dancing Fox, Smack Pie Pizza, Porter's Pub, Lodi Beer Company, The Brick House, and West
1
Oak Nosh.
In response to Council Member Mounce, Mr. Swimley explained the barriers are water-filled
K rail, a sturdy plastic which is light and maneuverable when empty but very heavy when filled
with water. The barriers are available through a local traffic safety company, City Rise, and would
cost $60 per month each. Staff felt this was the most practical way to provide a barrier between
the seating areas and traffic.
City Manager Schwabauer stated the City would fund the barriers as an economic development
effort. Mr. Swimley further noted that if all seven businesses move forward, the cost would be
approximately $5,000 through September 30; if other businesses join, then the cost would
increase.
In response to Mayor Kuehne, Mr. Swimley confirmed that all the businesses except Shangri La
currently have outdoor dining.
In response to Council Member Chandler, Mr. Swimley stated that when Community
Development Director John Della Monica did a survey, he did not receive a response indicating
concern regarding the impact to Downtown parking. Mr. Schwabauer noted that most businesses
expressed appreciation for the project.
Council Member Mounce commented that one business in particular would be unhappy with the
reduced parking, and Mr. Schwabauer noted that curbside pickup would be available for some
retail stores.
Council Member Mounce stated that she had discussed the situation regarding this store with
Mr. Della Monica, as the owner already has serious concerns regarding Downtown parking, and
he will extend three parking spots; she urged staff to work with the owner.
In response to Mayor Pro Tempore Nakanishi, Mr. Schwabauer stated the money being used to
fund the program is not free or discretionary, but the revenue the City receives from Downtown is
due to the restaurants and stores, and that helping them helps grow the City's revenue. He
further stated that generally the City does not do a lot of give-aways, but this is a unique situation
where the restrictions are government imposed, so it seems appropriate for government to help
ease the burden.
Mr. Swimley added that this is an effort to preserve the Downtown restaurants' longevity.
Mayor Pro Tempore Nakanishi indicated support of the program.
Council Member Chandler stated he supports the program.
In response to Council Member Chandler, City Attorney Magdich stated the State has not yet
moved into Phase 3; the State has issued guidelines and left it up to the County Public Health
Officers to make decisions on which types of businesses may re-open; the guidelines which came
out yesterday include movie theaters, but decisions will be made at the local level; Dr. Park is
reviewing the newest information; the City may learn more following today's Board of Supervisors
meeting; and staff is monitoring this on a daily basis.
Council Member Mounce indicated support of the program as it is helping Downtown businesses.
In response to Mayor Kuehne, Mr. Swimley verified that the City will pay for the barriers and
waive the permit fees, but the businesses are responsible for paying for ABC license expenses.
2
In response to Mayor Kuehne, Mr. Swimley stated that ramps will not be required, as the
restaurants will need to make provisions for required ADA seating either inside or outside on the
sidewalk; and the number of tables accommodated in the parking stalls depends on the size of
the table and the type of stall, but seats for eight to ten customers would be gained.
In response to Council Member Mounce's question regarding lighting, Mr. Swimley stated that the
outlets in the tree wells are no longer functioning and have been de-energized.
Council Member Chandler made a motion, second by Mayor Pro Tempore Nakanishi, to adopt
Resolution No. 2020-123 approving temporary Downtown Public Parking Stall Dining Standard
Plan and encroachment permit, and authorizing expenditures in the amount of $20,000.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Chandler, Council Member Mounce, Mayor Pro Tempore Nakanishi,
and Mayor Kuehne
Noes: None
Absent: None
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding a long-term
closure on Elm Street. Specific topics of discussion included background, location, pictures, and
request for Council direction.
In response to Council Member Chandler, Mr. Swimley stated that all businesses in the area,
including wine tasting rooms, would be part of the program, and that the idea originated in the
early 2000's when the entire area was reconstructed. In further response, Mr. Swimley stated
traffic impacts have not been studied in detail but Downtown streets are well gridded, so he does
not expect a big impact on Pine Street and Locust Street; staff will study in greater detail if
Council approves of the concept; and that the closure could be on weekends, a week at a time, or
during an event.
Council Member Chandler stated he would need concrete responses from area businesses
before making a decision.
Council Member Mounce stated that the closure would force cars utilizing the parking lot to use
the alleys and they would not be adequate for ingress and egress, noting the poor lighting and
size. She noted that patrons exiting the parking lot will see all of the homeless on Sacramento
Street, which is not a welcoming site. She further stated that she feels that to make the project
work, the parking lot would need to be closed or serious changes would need to be made to the
alleys and a stop sign added on Locust Street at School Street and a stop sign or signal added on
Locust Street at Sacramento Street. She questioned whether the owners of the movie theater
have been consulted and noted that the loading zone adjacent to the theater is now being used
for parking. She further stated that she feels the pushback would be too great and that the Merlot
event center would not want the parking lot closed.
Mayor Pro Tempore Nakanishi stated he felt the project should be brought back next year with
more information.
Mayor Kuehne stated he is not opposed to the project as the area was originally designed for this,
but more vetting is needed for the traffic flow in the parking lot, and that only two or three
businesses would benefit from it. He suggested a partial closure from the medallion west to
Church Street, which would accommodate the two larger restaurants, to judge how well it would
3
work.
Mr. Swimley stated that he understood the direction from Council is to wait on the project and
come back next year, following outreach to the businesses, with a site plan. He further stated
staff would begin looking at the questions brought up today.
Council Member Mounce stated the project would be a good idea if a hotel was located where the
parking lot is, as was the original plan. She further stated that she would not be opposed to
temporary closures over a weekend.
Mayor Kuehne expressed support for Council Member Mounce's suggestion of temporary
weekend closures.
In response to Council Member Chandler, Mr. Swimley noted that usage of the parking garage is
minimal and there has been an uptick in vandalism; a security guard dedicated to the facility has
been added.
Council Member Mounce suggested turning the parking lot into a civic center, as proposed in the
past by Council Member Johnson, where the public can gather with tables, chairs, and free Wi-Fi.
In response to Mayor Kuehne, Mr. Swimley stated that the sidewalk cleaning project will focus on
sidewalks without extending out into the street and should begin within the next couple weeks.
C. Adjournment
There being no further business to come before the City Council, the meeting was adjourned
at 7:52 a.m.
ATTEST:
Pamela M. Farris
Assistant City Clerk
4
Agenda
LODI CITY COUNCIL AGENDA – Special Meeting
Carnegie Forum Date: June 9, 2020
305 West Pine Street, Lodi Time: 7:00 a.m.
Streaming Link:
www.facebook.com/CityofLodi/
Special Notice
Effective immediately and while social distancing measures are imposed, Council chambers will
be closed to the public during meetings of the Lodi City Council.
The following alternatives are available to members of the public to watch Council meetings and
provide comments on agenda and non-agenda items before and during the meetings.
Viewing:
Members of the public may view and listen to the open session of the meeting at www.facebook.com/CityofLodi/
Public Comment:
Members of the public can send written comments to the City Council prior to the meeting by emailing
councilcomments@lodi.gov. These emails will be provided to the members of the City Council and will become
part of the official record of the meeting.
Members of the public who wish to verbally address the City Council during the meeting should email those
comments to councilcomments@lodi.gov. Comments must be received before the Mayor or Chair announces that
the time for public comment is closed. The Assistant City Clerk will read three minutes of each email into the public
record. IMPORTANT: Identify the Agenda Item Number or Oral Communications in the subject line of your email.
Example: Public Comment for Agenda Item Number C-17.
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance
to provide public comment in this meeting, please contact the Office of the City Clerk at (209) 333-6702 or
cityclerk@lodi.gov at least 48 hours prior to the meeting in order for the City to make reasonable alternative
arrangements for you to communicate your comments. If you need special assistance in this meeting for purposes
other than providing public comment, please contact the Office of the City Clerk at (209) 333-6702 or
cityclerk@lodi.gov at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to
ensure accessibility to this meeting (28 CFR 35.160 (b) (1)).
SPECIAL TELECONFERENCE NOTICE
Pursuant to Executive Order N-29-20:
The Brown Act, Government Code Section 54953, contains special requirements that apply when members of a
legislative body participate in a public meeting by telephone. Certain of these requirements have been suspended
by Paragraph 3 of Executive Order N-29-20, executed by the Governor of California on March 17, 2020, to mitigate
the spread of Coronavirus (COVID-19). In particular, the Executive Order suspends that provision of the Brown Act
that requires noticing, posting of agendas, and public access to each location where a member will be participating
telephonically, as well as provisions that require physical presence of members of the legislative body or the public
for purposes of a quorum or to hold a meeting. Executive Order N-29-20 allows an agency to conduct a
teleconference meeting that provides members of the public telephonic or other electronic participation in place of
making a physical location for the public to observe the meeting and provide public comment, consistent with other
provisions of the Brown Act.
The following members of the Lodi City Council are listed to permit them to appear telephonically at the
City Council Meeting on June 9, 2020: Mayor Pro Tempore Alan Nakanishi.
.
\\cvcfilv01\administration$\Administration\CLERK\Agenda\COUNCIL\2020\06-09-20agnSM w-Lodi CCTeleconference.docx 6/4/2020 3:59 PM
CITY COUNCIL AGENDA
JUNE 9, 2020
PAGE TWO
For information regarding this Agenda please contact:
Pamela M. Farris
Assistant City Clerk
Telephone: (209) 333-6702
A. Call to Order / Roll Call
B. Regular Calendar
Res. B-1 Adopt Resolution Approving Temporary Downtown Public Parking Stall Dining Standard Plan and
Encroachment Permit, and Authorizing Expenditures ($20,000); Receive Direction Regarding Long-Term
Closure of Elm Street, Between School Street and Sacramento Street to Vehicles (PW)
C. Adjournment
Pursuant to Section 54956.2(a) of the Government Code of the State of California, this agenda was posted at a place
freely accessible to the public 24 hours in advance of the scheduled meeting.
______________________________
Pamela M. Farris
Assistant City Clerk
All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the
City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. If requested, the agenda shall be made available
in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related
modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date.
Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Pamela
M. Farris at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a
la reunión para ayudar a asegurar la disponibilidad. Llame a Pamela M. Farris (209) 333-6702.
Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular
City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.
Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/
AGENDA ITEM B-01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Temporary Downtown Public Parking Stall Dining
Standard Plan and Encroachment Permit, and Authorizing Expenditures
($20,000); Receive Direction Regarding Long-Term Closure of Elm Street,
Between School Street and Sacramento Street to Vehicles
MEETING DATE: June 9, 2020 (Special Meeting)
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving Temporary Downtown Public Parking
Stall Dining Standard Plan and Encroachment Permit, and
authorizing expenditures, not to exceed $20,000; receive direction
regarding long-term closure of Elm Street, between School Street and Sacramento Street to vehicles.
BACKGROUND INFORMATION: On May 29, 2020, Governor Newsom began modifying the
State’s stay-at-home order, allowing County’s to authorize
businesses to re-open, as long as State guidance is followed.
The social distancing requirements heavily impact restaurant occupancy. Staff met with downtown
merchants to discuss options to increase the viability of operations under the current order.
In an effort to assist local restaurants in the City’s downtown area with re-opening, while complying
with the State’s stay-at-home order, Staff and downtown merchants created the Temporary Downtown
Public Parking Stall Dining Standard Plan (Exhibit A) and Encroachment Permit (Exhibit B) that
establishes conditions for the orderly use of public right-of-way (specifically downtown sidewalks and
parking stalls) for the purpose of providing expanded dining areas. The temporary encroachment
permit would not have a fee. This concept is currently being implemented in San Francisco,
Sacramento, and Davis.
The proposed encroachment permit conditions address social distancing requirements within the
parking stall area, Americans with Disabilities Act requirements, compliance with the California
Department of Alcoholic Beverage Control, and indemnification and insurance requirements to protect
the City from liability.
In 2001, the City constructed the Elm Street Pedestrian Parkway between School Street and
Sacramento Street (Exhibit C). The improvements transformed these two blocks into a tree lined,
vehicle/pedestrian corridor, connecting the newly constructed Lodi Stadium 12 Theater and the
downtown parking structure. Over the past 19 years, the downtown has evolved to where closing this
corridor to vehicles on a long term basis may encourage further expansion of dining and wine tasting
venues.
Staff recommends approving Temporary Downtown Public Parking Stall Dining Standard Plan and
Encroachment Permit, and authorizing expenditures, not to exceed $20,000; receive direction
regarding long-term closure of Elm Street, between School Street and Sacramento Street.
APPROVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2020\CC_ downtown parking stall dining.doc 6/4/2020
Adopt Resolution Approving Temporary Downtown Public Parking Stall Dining Standard Plan and Encroachment Permit, and Authorizing Expenditures ($20,000);
Receive Direction Regarding Long-Term Closure of Elm Street, Between School Street and Sacramento Street
June 9, 2020
Page 2
FISCAL IMPACT: Extending seating to the public right of way would increase occupancy
for restaurants, increasing sales for local businesses and generating
increased sales tax revenue for the City; and assisting in economic
recovery as the City begins to reopen amid the COVID-19 pandemic.
FUNDING AVAILABLE: Staff is recommending the use of COVID-19 General Fund – Non
Departmental Operating Account to fund the monthly rental of the
parking stall barriers to assist in downtown economic stimulus. The
estimated cost for the rental through September 30, 2020, or the
termination of the City’s emergency declaration (whichever comes first),
is not expected to exceed $20,000.
COVID-19.PW.Supp&Svc: $20,000
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
CES/CES/tc
Attachment
\\cvcfilv02\pubwks$\WP\COUNCIL\2020\CC_ downtown parking stall dining.doc 6/4/2020
Exhibit A
Exhibit B
City of Lodi, Public Works Department
221 West Pine Street (209) 333-6706
P. O. Box 3006 FAX (209) 333-6710
Lodi, CA 95241-1910
NO FEE APPLICATION FOR TEMPORARY PUBLIC PARKING STALL
OUTDOOR DINING PERMIT
NAME OF
APPLICANT:
NAME OF
RESTAURANT:
BUSINESS
ADDRESS:
BUSINESS PHONE EMAIL
NUMBER
ADDITIONAL
PHONE NUMBER
DAYS & HOURS OF OUTDOOR PARKING STALL DINING OPERATION:
STRUCTURES, ITEMS TO BE PLACED IN PARKING STALL AREA:
REQUEST TO SERVE ALCOHOLIC
BEVERAGES IN THE PUBLIC RIGHT CIRCLE ONE: YES NO
OF WAY
Serving alcoholic beverages is permitted as described in Lodi Municipal Code 9.04.010 and a copy of
the Alcoholic Beverage Control license is required prior to permit issuance. Liquor liability insurance coverage
is required prior to permit issuance.
Please attach a photograph of proposed furniture, tables, chairs to be used in the temporary
encroachment area and site plan.
The undersigned agrees to indemnify and save the City of Lodi free and harmless from any liability in accordance with the
provisions of Lodi Municipal Code (LMC) Sec. 12.04.040. Permittee is specifically aware of LMC Sec. 12.04 thereof relating to
encroachments. The undersigned agrees and understands that a permit can be denied or voided in accordance with City of
Lodi rules and regulations subject to inspection and approval. Permit application fees are non-refundable. Certificate of
insurance in permittee's name which names the "City of Lodi, it's elected and appointed Boards, Commissions, officers,
Agents, Volunteers and Employees" as an Additional Insured is required for General Liability per occurrence and Automobile
Liability Insurance in an amount determined by Risk Mgmt. Primary and Non-contributory as required.
DATE______________ SIGNED____________________________________________________________
OFFICE USE ONLY FEE:_______________________________________
PERMIT NO._________________ DATE/TIME RCV’D_____________ Minimum amount (Balance to be collected at permit issuance)
ABC PERMIT NO___________________ TOTAL FEE:_________________________________
REVIEWED BY: ________________________ ______________ ______________________________ __________
COMMUNITY DEVELOPMENT DIRECTOR DATE PUBLIC WORKS DIRECTOR DATE
APPLICATION - TEMP PARKING STALL DINING
CITY OF LODI ENCROACHMENT PERMIT CONDITIONS
ATTACHMENT TO TEMPORARY ENCROACHMENT PERMIT FOR
PUBLIC PARKING STALL SEATING ENCROACHMENT
LMC CHAPTER 12.04
A. Location in the Public Right-of Way Parking Stall: Seating/furniture within the
public right-of-way is only permitted generally within the downtown area
designated as that area bounded by LMC 12.04.425.A on a temporary basis
during the Covid 19 Pandemic and the related economic crisis. Other locations
within the City may be considered on a case by case basis. Guidelines, as
delineated in the "downtown development standards and guidelines" and
approved by the City Council, apply as well as the following conditions.
B. Physical Requirements.
1. No real property right is provided, given, or otherwise conveyed to any person
or entity using City-owned public property or public right-of-way for outdoor
dining purpose. Any such use permitted hereunder shall cease no later than
termination of the City declared local emergency related to the COVID-19
pandemic. The City reserves the right, in its sole discretion during the
pendency of the City local emergency, to terminate or extend any temporary
use permit issued hereunder, with or without cause. Upon termination of any
temporary use permit granted hereunder, the permittee shall return City-
owned public property or public right-of-way (collectively ‘public space”) to
the condition existing at the time of permit issuance.
2. Use of public space shall not interfere with sidewalk access under the
Americans with Disabilities Act. A minimum four-foot unobstructed
sidewalk for pedestrians shall be maintained at all times from a table, chair,
bench, merchandise display, planter or any other appurtenance used as part of
a sidewalk seating/display area.
3. Dining tables shall be placed in a manner that observes at least six-foot social
distance between groups of customers. Customers in the same household
dining together are counted as one group and are exempt from this
requirement while sitting at the same table(s).
4. Privately owned facilities and appurtenances for outdoor dining are
hereinafter referred to as “private facilities”. In the event that the private
facilities need to be removed or relocated to provide the City with access to its
public space and appurtenances, or when in the opinion of the City, any of the
private facilities become a hazard to the health and safety of the citizens using
the sidewalks, the private facilities shall be removed, relocated, repaired
and/or reconstructed at the Permittee’s sole expense. In the event that the
Permittee removes the private facilities, at their own initiative or in
accordance with Condition F of this permit, all costs of the removal, including
restoration of the City’s public space to its original condition, shall be the sole
responsibility of the Permittee.
5. No parking stall seating area, signage, planter, or merchandise display shall
block access to or from a building.
6. All parking stall furniture shall be removable and shall be removed, along
with seats, tables, and other appurtenances, if the business is closed for more
than forty-eight hours, unless otherwise approved by the Public Works
Director.
7. Any umbrella or similar feature shall be safely secured to a table, chair, or the
ground. Per the Guidelines, frames or other hard surfaces of awning,
umbrellas or other shades shall have 7 ft. vertical clearance, above the
sidewalk, outside the seating area, except soft material (cloth, vinyl) may
drape to 6’8” vertical clearance.
8. No wiring, electrical cords, additional lighting, generators, water hoses, water
misters or unapproved item shall cross the public sidewalk path of travel.
9. The design and appearance of all proposed improvements, planters or
furniture shall present a coordinated theme and shall be compatible with the
establishment.
10. ADA minimum seating accessibility requirements shall be met by the business
owner/Permittee.
11. Signs shall be permitted in connection with a temporary parking stall seating
area as required by the city or other permitting entity for reasons of public
health or safety.
C. Maintenance. The Permittee shall maintain the parking stall area and the
adjoining street, curb and gutter in a neat, clean and orderly condition at all times.
This shall include all tables, chairs, benches, planters or other appurtenances
placed in the public right-of-way. Trash receptacles to serve the seating area shall
be provided as required by the Public Works Director.
D. Special Standards for Parking Stall Dining Areas with Alcoholic Beverage
Service.
1. Alcoholic beverages may only be served in parking stall seating areas.
2. The parking stall seating area shall be physically separated from the sidewalk
by a barrier as required by the state of California Department of Alcoholic
Beverage Control. The barrier shall be compatible with the appearance and
design of the building and the rest of the sidewalk seating area.
3. No bar shall be allowed in the parking stall seating area.
4. Empty beverage containers shall be removed from the parking stall seating
area as soon as possible.
5. The appropriate alcoholic beverage control license shall be obtained prior to
the operation of a parking stall seating area serving alcoholic beverages and
shall be maintained continuously as long as alcoholic beverages are served in
the parking stall seating area. Loss of such permit or license shall
automatically constitute termination of the city approval to serve alcoholic
beverages in the parking stall seating area.
E. Indemnification/Insurance. The Permittee shall defend, indemnify, and hold
harmless the City of Lodi, its elected and appointed officials, officers, and
employees from and against all claims, losses, damage, injury, and liability for
damages arising from the Permittee's use of the public right-of-way. The
Permittee shall provide to the city, in a form and in amounts acceptable to the
City’s Risk Manager, certificates of insurance, naming the city as an additional
insured covering the area subject to the permit and renewed annually as long as
the parking stall seating area is used.
F. Suspension of Permit. The Public Works Director shall have the right to suspend
or prohibit the operation of a parking stall seating area or require removal at any
time because of anticipated or actual problems or conflicts in the use of the
parking stall seating area. Such problems or conflicts may arise from, but are not
limited to, scheduled festivals, parades, marches, and similar special events;
repairs to the street, sidewalk, or other public facility; or from demonstrations or
emergencies occurring in the area. To the extent possible, the City will give prior
written notice of any time period during which the operation of the parking stall
seating area must be suspended.
G. THIS PERMIT IS SUBJECT TO REVOCATION BY CITY MANAGER.
TEMPORARY STRUCTURAL ENCROACHMENT - ADDENDUM TO EXISTING
STRUCTURAL ENCROACHMENT PERMIT # ________________________________
SCOPE OF WORK: TEMPORARY USE OF DESIGNATED PARKING STALLS DUE
TO COVID-19 PANDEMIC OCCUPANCY LIMITATIONS.
Temporary extension of existing structural encroachment in the public right of way
(parking stalls fronting business) as designated by the City of Lodi.
SCOPE OF WORK: Placement of tables, chairs, umbrellas and serving of alcohol in
adjacent parking stalls as designated by the City of Lodi at (address) frontage.
Conditions as per the City of Lodi Downtown Guidelines, Alcohol Beverage Control
(ABC) temporary conditions and the following.
1). TEMPORARY ENCROACHMENT: APPLICANT MAY CONTINUE USE OF
DESIGNATED PARKING STALLS FOR DINING PURPOSES IN PUBLIC RIGHT OF
WAY UNTIL SEPTEMBER 30, 2020 OR AT SUCH TIME THE PROCLAMATION OF
LOCAL EMERGENCY CONCERNING THE COVID-19 PANDEMIC AND RELATED
ECONOMIC CRISIS EXPIRES BY ITS TERMS OR IS WITHDRAWN BY THE CITY
COUNCIL, WHICHEVER COMES FIRST.
2. Insurance of the types and amounts required and approved by the City of Lodi Risk
Manager. Renewal of insurance certificate and endorsements shall be provided prior to
expiration of policy on file. Failure to provide renewal shall cause permit to be voided
and encroachment removed.
3. Placement of tables/chairs as per attached site plan.
4. Encroachment shall comply with the attached guidelines revised 7/12/02 related to
"Sidewalk Seating and Sign/Merchandise Placement Criteria". Conditions and
documents attached are made a part of this permit.
5. Business transfer of ownership or lease shall cause this permit to be voided. New
proprietor shall submit an application should continued public parking stall use be
desired.
5. Applicant shall be responsible for any damage incurred by or due to encroachment.
Encroachment shall not impede use of the public sidewalk from pedestrian and/or
normal public use.
6. Permittee shall maintain the right-of-way in a clean and orderly manner.
7. Sale of alcoholic beverages within the sidewalk dining area and designated parking
stalls shall be in conformance with Lodi Municipal Code 9.04.010.
Exhibit C
RESOLUTION NO. 2020-____
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING TEMPORARY DOWNTOWN PUBLIC
PARKING STALL DINING STANDARD PLAN AND
ENCROACHMENT PERMIT, AND AUTHORIZING
EXPENDITURES
===================================================================
WHEREAS, on May 29, 2020, Governor Newsom began modifying the State’s
stay-at-home order, allowing County’s to authorize businesses to re-open, as long as
State guidance is followed; and
WHEREAS, in an effort to assist local restaurants in the City’s downtown area
with re-opening, while complying with the State’s stay-at-home order, Staff has prepared
the Temporary Downtown Public Parking Stall Dining Standard Plan and Encroachment
Permit that establishes conditions for the orderly use of public right-of-way (specifically
downtown sidewalks and parking stalls) for the purpose of providing expanded dining
areas; and
WHEREAS, the proposed encroachment permit conditions address social
distancing requirements within the parking stall area, Americans with Disabilities Act
requirements, compliance with the California Department of Alcoholic Beverage Control,
and indemnification and insurance requirements to protect the City from liability; and
WHEREAS, staff recommends approving Temporary Downtown Public Parking
Stall Dining Standard Plan and Encroachment Permit, and authorizing expenditures, not
to exceed $20,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve Temporary Downtown Public Parking Stall Dining Standard Plan and
Encroachment Permit, and authorizing expenditures, not to exceed $20,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council
Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is
hereby authorized to make minor revisions to the above-referenced document(s) that do
not alter the compensation or term, and to make clerical corrections as necessary.
Dated: June 9, 2020
===================================================================
I hereby certify that Resolution No. 2020-____ was passed and adopted by the
City Council of the City of Lodi in a special meeting held June 9, 2020, by the following
vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
PAMELA M. FARRIS
Assistant City Clerk
2020-____
Get email alerts for Lodi
A daily email when new agendas and minutes are posted.