Tuesday, November 18, 2008

Ex-mayor says use may be illegal

By RICHARD T. ESTRADA
restrada@moddbee.com

last updated: August 08, 2008 11:37:19 PM

OAKDALE -- The J Street extension, a $700,000 project to ease crosstown traffic and provide a new entry to Oak Valley Hospital, was completed two years ago. Someday, drivers might get to use the road their tax dollars helped build.

They haven't so far. Instead of carrying vehicles between downtown, the high school and Oakdale's expanding west side, this swath of J Street merely teases.

Chain-link gates make it clear the public is not welcome, and the city is not sure when taxpayers will be able to reap the road's benefits.

After The Bee started asking questions about the road's continued closure, the issue was put on the City Council's Sept. 2 agenda.

"It should have been discussed in July, but it was overlooked and wasn't put on an agenda," City Manager Steve Hallam said.

The one-block connection could have opened in mid-2006, city records reveal. All that was left to do on J Street was a slurry-seal coating and striping, which are little more than cosmetic touch-ups.

But it remains padlocked at Oak Valley Hospital's request, and with the city's blessing.

The hospital used the paved road as a supply depot and parking lot while it constructed an adjacent utility building. The structure is complete, but the road extension remains closed.

Oak Valley hasn't compensated the city for using the public land, nor has the city asked for rent.

Former Oakdale Mayor Pat Kuhn recalled that in July 2006 the hospital asked the city to keep the road closed until January 2009, but the council rejected that request.

"We told the hospital we would close the road for six months," Kuhn said. "I felt that was ample time for it to organize an alternative plan to using city property."

The road remains closed and Kuhn, no longer mayor, said it could put the city in jeopardy.

"It's public land, but it's closed to the public because the hospital wants room to store its material," said Kuhn, adding she was leery of approving the initial six-month closure. "Sounds like a rental space. If the city isn't receiving payment, it's a gift of taxpayer funds, which is illegal."

Hallam said no other Oakdale road is closed to allow a business to store its supplies or vehicles.

Allowing public property to be used for private purposes creates a liability risk for the city should anyone be injured there. The extension is on the hospital's land, but the city has a right of way for the road, sidewalks and retaining wall. The city also is responsible for upkeep, even though the hospital has had exclusive rights to its use.

The most serious hazard is the retaining wall on the south side of the road. The wall is at risk of falling into the road, and some of its hefty foundation blocks have been dislodged. The city has agreed to pay $20,000 for wall repairs.

The city and Oak Valley were partners in the J Street project: The hospital owns the land and the city possesses a right of way.

Because both expected to benefit from the project, each paid half of the $625,000 estimated construction cost. The city paid $82,000 in additional costs, raising the road's cost to $707,000.

Oak Valley officials said they would need more time to respond to The Bee's request for information, including whether the hospital would request an additional extension.

Kuhn's term as mayor ended in December 2006, two weeks before Oak Valley Chief Executive Officer John Friel asked the council for an additional six months.

Mayor Farrell Jackson and the council agreed to that extension. The hospital has twice returned, renewing its request to use the public road for its supplies and parking, and the council has OK'd it both times.

"Initially we were told it was only going to be a temporary situation," Jackson said. "I agree it's time to take a serious look at it. We've worked with the hospital because good health care is an asset to the community. If it was closed only for a short time, I felt, people would understand."

Oak Valley has plans for a new hospital. It's asking voters to pay for a $27 million bond in a mail-in election that ends Aug. 26, and in July 2006 it told the council that it wants the road closed until hospital construction is complete.

If the bond passes, work could begin in the fall and continue deep into 2010. There is room for storage elsewhere on the hospital's parking lots, Kuhn said, if the hospital arranged for employee parking off-site or a temporary ride-share program.

"I agree public roads should be open to the public, but we're trying to work with a business that wants to grow," Jackson said. "It is about time, however, to decide how far we're going to take this."

To comment, click on the link with this story at www.modbee.com. Bee staff writer Richard T. Estrada can be reached at restrada@modbee.com or 578-2304.

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