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Agenda Report - March 6, 2013 G-02 PH
AGENDA ITEM 'o `+ JQ CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider Adopting Resolution Vacating the 200 Block of West Walnut Street and Authorizing City Manager to Execute Required Agreements MEETING DATE: March 6, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to consider adopting resolution vacating the 200 block of West Walnut Street and authorizing City Manager to execute required agreements. BACKGROUND INFORMATION: The proposed vacation is requested by St. Anne's Catholic Church and includes the public right of way along the 200 block of West Walnut Street between Church Street and Pleasant Avenue, as shown on Exhibit A and more particularly described as follows, to wit: Beginning at the southwest corner of Lot 8, Block 5 as shown on "City of Lodi", formerly "Mokelumne", as filed in Book 2 of Maps and Plats, page 12, San Joaquin County Records; thence southerly to the northwest corner of Lot 1, Block 6 as shown on said Map; thence easterly along the northerly line of said Block 6 to the northeast corner of Lot 4, Block 6 of said Map; thence northerly to the southeast corner of Lot 5, Block 5 of said Map; thence westerly along the southerly line of Block 5 of said Map to the True Point of Beginning. The church currently controls the properties on both sides of Walnut Street. The school is located on the south side of the street, and the church facilities are located on the north side. The vacation requested is primarily to improve student access between the school and church facilities. To improve student safety, St. Anne's Catholic Church plans to develop a "plaza area" adjoining the school and church by incorporating a park -like setting that includes meandering walking paths, fountain(s), sitting area(s), landscaping, drop-off/pick up zones and other elements of beautification. A draft layout of the plaza area is included in Exhibit B. A traffic study was performed by K.D. Anderson and Associates to determine the impacts of vacating Walnut Street between Church Street and Pleasant Street. The study concluded there would be minimal impacts to parking and no reduction in the level of service for the local street network. The proposed vacation was approved by the Lodi Planning Commission on Wednesday, December 12, 2012. Minutes of the meeting are attached as Exhibit C. On February 6, 2013, Council adopted a Resolution of Intent (Resolution No. 2013-10) to vacate the 200 block of West Walnut Street, as shown in Exhibit D, and set the public hearing for March 6, 2013. Staff has received five responses from the public. The responses are attached as Exhibit E. The Planning Commission and Public Works staff have set conditions associated with the approval of the abandonment. To clarify, following are the "Conditions of Approval" for the Council to consider. The following conditions must be met by the applicant as part of the abandonment process: Conditions of Approval: 1. Prepare improvement plans showing intersections at Church and Walnut Streets and at Pleasant Avenue and Walnut Street, as per approved traffic analysis "Revised Site Plan" dated Konradt Bartlam, City Manager KAWMACATIOMSTREE RSt Annes St Closure 20121CC_PH_ doc 0 212 512 01 3 Public Hearing to Consider Adopting Resolution Vacating the 200 Block of West Walnut Street and Authorizing City Manager to Execute Required Agreements March 6, 2013 Page 2 December 4, 2012, including improvements necessary to traffic light located at Church and Walnut Streets. 2. Prepare public improvement plans for alley north of Walnut Street between Church Street and Pleasant Avenue. 3. Abandon three public street lights located within the proposed abandonment, as per request by Lodi Electric Utility Department. 4. Add Knox box to all buildings, as per request by Lodi Fire Department. 5. Paint curbs for fire lane/no parking on Pleasant Avenue for apparatus access to alleys and other areas, as per Lodi Fire Department. 6. Initial and annual operation permits required, as per Lodi Fire Department. 7. St. Anne's employees shall not use Walnut Street or Pleasant Avenue to park their vehicles for extended periods of time, as per Planning Commission Resolution No. P.C. 12-26. 8. Reserving, and excepting from the vacation, pedestrian access between Pleasant Avenue and Church Streets, as per Planning Commission Resolution No. P.C. 12-26. 9. Reserving, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over and across the entire right of way, and no buildings or structures shall be constructed nor shall anything be planted within the easement which would interfere with the use or operation of public utilities in the easement. 10. The City Council approval of this Resolution will become null and void if all requirements and conditions of approval are not met. 11. Enter into a purchase and sale agreement in a form satisfactory to the City Attorney to purchase the vacated property upon the Recording of the Resolution to Vacate referenced in paragraph 12 below at its appraised price. The appraisal shall be commissioned by City staff and be performed by a state certified appraiser. 12. Filing of the Resolution to Vacate in the office of the County Recorder will not take place until all requirements and conditions of approval are met. Pacific Gas and Electric Company, Comcast, AT&T, and the City of Lodi for electric, water and wastewater utilities have all approved the proposed vacation. The appraisal to determine the market value of the proposed vacation is attached as Exhibit F. The market value of the property, with the proposed easements and restrictions, is $45,000. The public benefit associated with the required improvements of the alley north of Walnut Street between Church Street and Pleasant Avenue, as well as the traffic signal modifications at the intersection of Walnut and Church Streets, will exceed the market value of the property. FISCAL IMPACT: The proposed vacation will eliminate operations and maintenance costs for the 200 block of West Walnut Street. FUNDING AVAILABLE: Not applicable. J.'aly, ja."i' " F. Wally ndelin Public Works Director Prepared by Denise Wiman, Senior Engineering Technician FWS/DW/pmf Attachments cc: Charlie Swimley, Deputy Public Works Director/City Engineer Denise Wiman, Senior Engineering Technician K:\WMACATIOMSTREET\StAnnes St Closure 2012\CC PH .doc 02/25/2013 4 N AM O -e I I 1 m X XD Anderson &Associates, Inc. REVISED SITE PLAN Transportation Engineers 5048-01 LT 12/4/12 Exhibit C Page 4 of 8 December 12, 2012 PC Minutes Continued • Commissioner Olson asked what the bar hours are. Mr. Snider stated that the bar is open from the time that the cardroom opens until 2 am. Olson asked what the restaurant hours are. Snider stated that the restaurant hours are 8 am to 2 am. Olson asked why we are being asked to add an hour on either end. Mr. Snider stated that that is when poker players like to play. He added that this isn't a typical bar setting. It isn't a rowdy setting. • Commissioner Hennecke asked what type of paging is done. Mr. Snider stated that it is for the players are waiting for a table or out taking a break. Hennecke suggested that maybe using the type of pagers that light up will alleviate the problem. • Commissioner Heinitz stated his appreciation for the benefit that the establishment has brought to Lodi. • Chair Kirsten stated his agreement with Commissioner Heinitz's sentiments. Public Portion of Hearing Closed • Commissioner Hennecke asked if there are any special conditions for the cardroom in regards to the ratio of food services verses alcohol. Mr. Bartlam stated that is no difference in the ratio. MOTION /VOTE: The Planning Commission, on motion of Commissioner Heinitz, Kiser second, approved the request to amend a previously approved Use Permit 07-U-01 to increase the number of tables, expand the hours of operation and increase the number of legal cardroom games at 1800 S. Cherokee Lane subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Heinitz, Hennecke, Jones, Kiser, Olson and Chair Kirsten Noes: Commissioners — None Absent: Commissioners - Cummins Chair Kirsten recused himself from item 3e) because he has property interest within the sphere of influence of the proposed project. Vice Chair Jones moved to the Chair's seat. e) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Vice Chair Jones called for the public hearing to consider the request from St Anne's Catholic Church (SACC) and School to permanently vacate Walnut Street from Pleasant Avenue to Church Street to create a park and plaza area between the church and school facilities. Community Development Director Konradt Bartlam gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project and the Planning Commission will need to make the finding for vacating, closing, Walnut Street and forward the recommendation on to the City Council. Commissioner Heinitz stated that he studied the traffic and spoke to the neighbors and he thought that Pleasant Avenue and Lee Avenue could be brought back to a two-way traffic with parking only on one side. Heinitz asked if the plaza will be open to everyone twenty four hours a day seven days a week. Mr. Bartlam stated that the commission could put that as a condition if that is their wish. Heinitz would like to see a condition that requires the employees to not park on Pleasant or on Walnut. He would like to see a cueing plan for the pick-up and drop-off of students. Commissioner Kiser stated that he has a few of the same concerns as Commissioner Heinitz. Commissioner Hennecke stated his concern about routing all the traffic through that narrow alleyway on the north side of the project. 4 Item e) Walnut Street Vacation Excerpt from Planning Commission Minutes Approved on January 9, 2013 Exhibit C Page S of 8 December 12, 2012 PC Minutes Continued Commissioner Olson asked if this will change the timing of the light on Church Street. Mr. Bartlam stated that it could based on the triggering that is in the street. Olson asked if the ownership of the property will transfer to St. Anne's. Mr. Bartlam stated that the church will have to purchase the property. Olson stated that the maintenance of the property will then fall to the church. Bartlam confirmed that to be correct. Commissioner Kiser asked if there will be a signal or stop sign at Pleasant and Walnut. Mr. Bartlam stated that there will not be a signal at that intersection. Commissioners Olson, Kiser, Hennecke, and Jones stated that they had conversations with the applicant regarding the project. Hearina Opened to the Public • Father Brandon Ware, Pastor at St. Anne's, came forward to answer questions. Pastor stated that he has seen this done in other cities and the positive effect it has had on the community. • Commissioner Kiser asked if Pastor Ware would be willing to agree to the conditions mentioned earlier by the Commissioners. Pastor Ware stated that he is willing to agree to the plaza never being closed to the community, but would need to be stepped through the other conditions at a little slower pace. Kiser asked if the church and school would be willing to go along with the condition of requiring employees to park in the parking lots and not on the streets. Pastor Ware stated that that sounds reasonable. • Commissioner Olson is looking forward to watching this proposal grow, but would like to have some reassurance that the maintenance of the area will be taken care of by the Church. Pastor Ware stated that the church will be taking care of and maintaining the plaza. Olson encouraged Pastor Ware to create a maintenance fund for the plaza. • Commissioner Heinitz asked about the funeral cueing that currently happens on Walnut Street. Pastor Ware showed on the plans what the thought was for cueing in cases of a funeral. • Commissioner Hennecke asked if the parking lot on the east side of the church is mostly church parking and the parking lot on the west of the church is manly for staff. Pastor Ware stated that the parking lot to the east is shared with the Methodist Church to the north and the parking lot to the west is for staff. • Dan Phillips, Walnut Street resident, came forward to oppose the project. Mr. Phillips is concerned that the downtown will turn into a parking lot for the church. Even tonight the streets are packed with cars. It makes it difficult to get the leaves picked up by the City because there isn't a day that the church staff doesn't park in front of his house. He is concerned about the Fire Department getting to his house in a timely manner in the case of an emergency. Mr. Phillips read a letter written by his wife. • Addison Beach, Walnut Street resident, came forward to express concerns about the project. Mr. Beach stated that his driveway is constantly blocked. He has concerns with the security at night, will this be a place for the homeless to hang out when it isn't being supervised. He would like to see permit parking for in front of his house. Commissioner Olson asked for clarification that the problem parkers are from the church and school. Mr. Beach stated that it is from the school and church. Commissioner Heinitz asked if there had been any outreach by the church. Mr. Beach stated that they did have an outreach BBQ. • Sharon Simmons, Pleasant Avenue resident, came forward to express concerns about the project. Ms. Simmons stated that she has many of the same concerns. She suggested that the church demolish the house that they own across the street from her home to create additional parking for the project. Vice Chair Jones asked if Ms. Simmons is in support of the project. Ms. Simmons stated that she would support the project if the parking concern 5 Item e) Walnut Street Vacation Excerpt from Planning Commission Minutes Approved on January 9, 2013 Exhibit C Page 6 of 8 December 12, 2012 PC Minutes Continued would be addressed. Commissioner Hennecke asked if Ms. Simmons would be in support of taking Pleasant back to two-way traffic. Ms. Simmons stated that she would not be in support of that idea. • Gerald Hanning, Hutchins Street resident, came forward to oppose the project, but would be okay with the project if it was left open to foot traffic. He suggested that the applicant try closing the street off for a trial -run and see how it works. Dale Stephens, Pleasant Avenue resident, came forward to oppose the project. Parking is a major issue. There is no parking in front of his house up until 9 pm and later. There used to be parking in the back of the church on the playground at one time. Unless there is something done with the parking Mr. Steven's can not support the project. Commissioner Olson asked if a parking permit for residences would alleviate the parking issue. Mr. Stephens stated that he honestly couldn't say with the apartments across the street. Commissioner Hennecke asked if the properties along this section of Pleasant have alley access to get additional parking. Commissioner Heinitz asked Mr. Stephens to keep an open mind and this could solve the problems that currently exist. • Linda Larocca, Walnut Street resident, came forward to support the project. Ms. Larocca is more concerned with the speeding traffic that comes down the street currently. Blocking the street will alleviate this problem and make the area safer for the kids. The parking problem could be resolved if the school would open up the playground in the back for dropping off and picking up of students. • Carmen Musch, Oak Street resident, came forward to support the project. Ms. Musch stated that the parking in the area isn't just because of the church and school, Hutchins Street Square and the downtown events are to blame. • Annett Murdaca, Winerose Court resident and church parishioner, came forward to support the project. The parking issue can be worked out. The plaza will be a great place for people to come and rest or just to walk through. This will be a benefit to the Lodi community. Commissioner Olson asked if the public will be able to use this for personal use. Ms. Murdaca stated that people using the space for personal gain hasn't been discussed at this point. • Bob Smith, Parkland Construction contractor for the project, came forward to support the project and answer design questions. Mr. Smith stated that the church has done quite a bit of outreach to the Community, City Staff, City Council, as well as the Planning Commissioners. A traffic study and parking study have been provided in the staff report. Vice Chair Jones asked about the number of parking spaces verses staff members. Mr. Smith stated that he did not have those figures in front of him, but that there has been much discussion with the Staff Members for both the church and school and believes through notification and education all the parking issues can be worked out. Commissioner Heinitz stated that the parking and cueing need to be conditions in the resolution. Dennis Taricco, Principal of St. Anne's School, came forward to address a question by Commissioner Olson regarding the staff parking on the streets. Mr. Taricco stated that the majority of the staff at the school park on Church Street, not on Pleasant. The playground in the back of the school is opened up for student pick-up after school. Commissioner Kiser stated that working on the education of the school staff and parents regarding the parking and the possibility of parking permits for residences could help with some of the objections, but there will have to be a commitment from the church and school. Mr. Taricco stated that he agrees with the idea and will make it a priority to get all school staffing to park in designated areas. Commissioner Hennecke stated that maybe putting the St. Anne's parking lot as a permit parking only for St. Anne's staff would help to stop other downtown parkers from using the St. Anne's parking lot. Hennecke asked Mr. Taricco to point out where the playground is and suggested using that as additional parking as well as a drop- off and pick-up area for students. Mr. Taricco stated that the area is opened up for parents to pick up there children in the afternoon. Mr Taricco pointed out the school crossing sign that sits at Pleasant and Walnut and stated that it has been hit so many times that it is now attached with tape to keep it in place. This intersection is a true hazard. 6 Item e) Walnut Street Vacation Excerpt from Planning Commission Minutes Approved on January 9, 2013 Exhibit C Page 7 of 8 December 12, 2012 PC Minutes Continued Dave Kirsten, downtown business owner, came forward to address the Commission. Commissioner Hennecke asked if Chair Kirsten was allowed to address the Commission on an item that he had to recues himself. Director Bartlam stated that Mr. Kirsten, Joe Citizen, is allowed to address the Commission. Mr. Kirsten stated his support for the project. He believes that clear language should be placed in the resolution that allows for the public access to be maintained in perpetuity for all of time. Public Portion of Hearing Closed • Commissioner Kiser stated that he would be in favor of the project only if the parking issues could be worked out. The area will need to be left open to the public forever, St. Anne's staff will have to park only in designated off street parking areas, and an approved cueing plan will need to be in place. • Commissioner Heinitz asked what the options are for the Commission at this point. Mr. Bartlam stated that the resolution can be approved with additional conditions, the item can be continued, or the project can be denied. • Commissioner Olson would like to see the resolution conditioned tonight rather than continuing the item to a later meeting. Mr. Bartlam suggests that the Commission direct staff to work with the City Traffic Engineer on the permit parking idea. • Director Bartlam suggested the following conditions based on discussion: o The Plaza area shall not be closed from public access except for special events. o Staff parking for the St. Anne's church and school shall not use the public right -of way. o Drop-off routes for St. Anne's school will occur off of the public street and will be reviewed and approved by the Community Development Director prior to implementation. MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Heinitz second, approved the request from St Anne's Catholic Church (SACC) and School to permanently vacate Walnut Street from Pleasant Avenue to Church Street to create a park and plaza area between the church and school facilities subject to the conditions in the resolution with the addition noted above. The motion carried by the following vote: Ayes: Commissioners — Heinitz, Hennecke, Kiser, Olson and Vice Chair Jones Noes: Commissioners — None Absent: Commissioners - Cummins and Chair Kirsten Chair Kirsten rejoined the Commission. He clarified the reason for recuesing himself from items 3b) and 3c) earlier was because of his property interest within the sphere of influence of the projects. 4. PLANNING MATTERS/FOLLOW-UP ITEMS Director Bartlam stated that the Development Code Update will be going to the City Council to set the Public Hearing in February. 5. ANNOUNCEMENTS AND CORRESPONDENCE None 6. ACTIONS OF THE CITY COUNCIL Director Bartlam stated that there has been a memo provided in the packet and staff is available to answer any questions. 7. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE None 7 Item e) Walnut Street Vacation Excerpt from Planning Commission Minutes Approved on January 9, 2013 RESOLUTION NO. 2013-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREETTO PLEASANTAVENUE AND TO SETA PUBLIC HEARING SO ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT CAN BE HEARD WHEREAS, St. Anne's Catholic Church, the owner of all property on both sides of the 200 block of West Walnut Street (the "Property") have requested the vacation of the street right-of-way, and more particularly delineated on the attached map marked ExhibitA; and WHEREAS, pursuant to the requirements of Government Code $527288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Pastor of St. Anne's Church Corp. WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such street right-of-way; and WHEREAS, a public hearing has been held by the Planning Commission on December 12, 2012, to determine General Plan conformity; and WHEREAS, the Planning Commission found the intentto vacate the proposed street right-of- way conforming to the General Plan as conditioned in Planning Commission Resolution 12-22. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That this City Council does herebyfix Wednesday, March 6,2013, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed abandonment may appear before this City Council and be heard; and 2. That the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and 3. That copies of this resolution shall be published for at least two successive weeks prior to March 6, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: February 6, 2013 hereby certify that Resolution No. 2013-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February6, 2013, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS—None ABSENT: COUNCIL MEMBERS—None ABSTAIN: COUNCIL MEMBERS— None RtAJ HL City Clerk 2013-10 PROPOSED STREET ABANDONMENT 200 BLOCK OF WEST WALNUT STREET 80 FOOT RIGHT-OF-WAY PLEASANT STREET TO CHURCH STREET EXHIBITA ABANDONMENT BOUNDARIES N WE s 1 inch = 90 feet Path: K:\DEV SERV\GIS\Walnut st abandon\Walnut St abandon.mxd �_r Northwestern Mutual Wealth Management Company® January 24, 2013 Lodi City Council c/o City Clerk 221 W Pine Street Lodi, CA 95240 RE: Walnut Street Road Closure Dear Council members: RECEIVED JAN 2 4 2013 CITY CLERK Scott R. Marcus, CLU® Wealth Management Advisor 207 W Oak St Lodi, CA 95240 209 369 5555 office 800 4012084 toll free 209 369 5559 fax scott.marcus@nmfn.com www.scott-marcus.com Please be advised that I am fully in favor of the above -referenced pending road closure. Not only will this project provide much needed safety for the school children, but serve as a downtown beautification and gathering place for our community. As a downtown business owner, also owning a commercial property one block North of the proposed project, I believe my property value will also be enhanced by the fulfillment of this project. Please consider approval of this project at your upcoming February 6, 2013 meeting. Thank you. Sincere acott R Marcus, CLU Wealth Management Advisor SRM/jk Scott R. Marcus is a Representative of Northwestern Mutual Wealth Management Company® , Milwaukee, WI (WMC), a wholly-owned company of The Northwestern Mutual Life Insurance Company, Milwaukee, WI (NM) and limited purpose federal savings bank. All WMC products and services are offered only by properly, credentialed Representatives who operate from agency offices of WMC. WMC is not a broker-dealer or insurance company and does not offer insurance products or brokerage services. Representative is an Insurance Agent of NM (life insurance, annuities and disability income insurance) and Northwestern Long Term Care Insurance Company, Milwaukee, WI, a subsidiary of NM (longterm care insurance), and a Registered Representative of Northwestern Mutual Investment Services, LLC (NMIS), a wholly-owned company of NM, broker-dealer and member FlNRA and SIPC. All brokerage services are offered only by NMIS. There may be instances when this agent represents insurance companies in addition to NM or its affiliates. NM is not a broker-dealer, investment adviser or federal savings bank. CA License #0631808 RECEIVED JAN 2 4 2013 CITY CLERK January 24, 2013 Lodi City Council 221 W Pine Street Lodi, CA 95240 RE: Walnut Street Road Closure Dear Council members: I wish to urge your support of the pending Walnut Street road closure project. I am a parent of two St. Anne's students, as well as a property and business owner one block North of the proposed project. The safety of the students should be paramount, and there are frequent close -calls with regard to traffic traveling both East and West on Walnut Street while students cross at Pleasant Street throughout the day. This project would alleviate this dangerous condition, while also providing a beautiful addition to our burgeoning downtown. Please give serious consideration to approving this wonderful project as a gift to the entire community. Thank you. Very truly yours, Dina M. Marcus Firm Owner DMM/If 207 W. Oak Street, Lodi, CA 95240 2620 S. Maryland Parkway, #14-879, Las Vegas, NV 89109 Tel 209.333.8485 Fax 209.333.1133 Toll Free 800.682.2323 www.marcusdepo.com • Email mdr@marcusdepo.com Court Reporting You Can Count On. Wally Sandelin From: Rad Bartlam Sent: Monday, January 28, 2013 8:22 AM To: Wally Sandelin Subject: FW: St. Annes Walnut Street Plaza FYI. Rad -----Original Message ----- From: Randi Johl Sent: Mon 1/28/2013 8:14 AM To: 'Carl Maggio' Cc: City Council; Rad Bartlam; Steve Schwabauer Subject: RE: St. Annes Walnut Street Plaza Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi Legislative Director, California City Clerks Association 221 West Pine Street Lodi, California 95240 (209) 333-6702 Telephone (209) 333-6807 Facsimile From: Carl Maggio[mailto:carlmaggio@sbcglobal.net] Sent: Sunday, January 27, 2013 06:45 PM To: City Council Subject: St. Annes Walnut Street Plaza I would like your consideration at the February 6th city council meeting to allow the Walnut Street closure for the new St. Anne's Plaza because it will improve the downtown beautification and help with child safety for the St. Anne's children. Thank You. 1 Wall Sandelin From: Rad Bartlam Sent: Tuesday, January 22, 2013 11:29 AM To: Wally Sandelin Subject: FW: St. Anne's Catholic Church Plaza FYI, Rad -----Original Message ----- From: Randi Johl Sent: Tue 1/22/2013 11:28 AM To: 'Olivia Heier' Cc: City Council; Rad Bartlam; Steve Schwabauer Subject: RE: St. Anne's Catholic Church Plaza Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi Legislative Director, California City Clerks Association 221 West Pine Street Lodi, California 95240 (209) 333-6702 Telephone (209) 333-6807 Facsimile From: Olivia Heier [mailto:oheier@gmail.com] Sent: Tuesday, January 22, 2013 11:07 AM To: Randi Johl; Alan Nakanishi; Bob Johnson; JoAnne Mounce; Phil Katzakian; Larry Hansen Subject: St. Anne's Catholic Church Plaza Date: January 22, 2013 To: Alan Nakanishi, Mayor Phil Katzakian, Mayor Pro Tempore Larry Hansen, Council Member Bob Johnson, Council Member Joanne Mounce, Council Member 1 I, Olivia Heier, St. Anne's Catholic Church Parishioner am in support of the Walnut Street closure, between Church and Pleasant so that we St. Anne's can create a Plaza. As you are well aware St. Anne's Catholic Church has been a fixture in downtown Lodi for many years. St. Anne's Parishioners are Lodi business owners, employees, and community service volunteers. We love Lodi and desire only to make it a prosperous, beautiful, safe, welcoming community for all. I believe that our beautiful, peaceful Plaza once completed will especially enrich downtown Lodi and neighbors surrounding our Church property. It will slow traffic and create greater safety for the school and neighborhood children. All of us will benefit. Thank you for giving me this opportunity to share with you my support and enthusiasm for this project. Respectfully yours, Olivia Heier 2 Wally Sandelin From: Rad Bartlam Sent: Tuesday, January 22, 2013 9:53 AM To: Charles Swimley; Wally Sandelin Subject: FW: St. Annes' Street Closure FYI, Rad -----Original Message ----- From: Randi Johl Sent: Tue 1/22/2013 8:33 AM To: 'Richard Ulricksen' Cc: City Council; Rad Bartlam; Steve Schwabauer Subject: RE: St. Annes' Street Closure Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi Legislative Director, California City Clerks Association 221 West Pine Street Lodi, California 95240 (209) 333-6702 Telephone (209) 333-6807 Facsimile From: Richard Ulricksen [mailto:rulricksen@gmail.com] Sent: Tuesday, January 22, 2013 05:39 AM To: City Council Subject: St. Annes' Street Closure Dear City Council Members: I fully support the street closure of Walnut between Pleasant and Church Streets for the creation of a plaza open and accessible to the public. The plaza will create a beautiful space while functioning as a safety improvement for the St. Anne's School students as well as for the safety of the children attending catechism classes in the afternoon and evening hours. The two-way stop creates a hazardous situation for the children as well as for adults conducting them across the street. Frequently, I have observed drivers not stopping for those at the cross walk. The speed limit is too high for a school zone. As to the concern for the loss of parking spaces, it only about 15 parking spaces that will be affected. Thank you for considering my support for the closure. Lydia Ulricksen 1 FILE NO. 2013-201 SELF CONTAINED REPORT Of Walnut Street Abandonment Between Pleasant Avenue and Church Street Lodi, CA 95240 Client City of Lodi For Mr. Steve Schwabauer Lodi City Attorney 221 West Pine Street Lodi, CA 95240 Prepared By Norman H. Swanberg, MAI, SRPA As of February 5, 2013 15721 N. FREE ROAD, LODI, CALIFORNIA 95242, (209) 333-1993, Fax: (209) 333-2426 February 20, 2013 Mr. Steve Schwabauer Lodi City Attorney 221 West Pine Street Lodi, CA 95240 RE: Walnut Street Abadonment between Church Street and Pleasant Avenue Dear Mr. Schwabauer: As you requested, I have prepared the following Self Contained Report, of the above named property. I personally observed the property on February 5, 2013. The purpose of this appraisal is to develop a Market Value opinion of the Fee Simple Interest of the subject property. The appraisal is intended to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), adopted by the Appraisal Standards Board of the Appraisal Foundation. Further, this appraisal is intended to comply with the requirements of the Codes of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. As a result of the analysis and conclusions contained in the following report of 40 pages plus Addenda, I have arrived at a Market Value opinion of the Fee Simple Interest, with easements and restrictions as described in this report, of the subject property as of February 5, 2013 of: $45,000 FORTY FIVE THOUSAND DOLLARS Extraordinary Assumptions and Hypothetical Conditions Their use might have affected the assignment results. The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. Respectfully submitted, �;?� -�' 0 � Norman H. Swanberg, MAI, SRPA State Certified General Real Estate Appraiser AG002453, expires 1/24/2014 TABLE OF CONTENTS SUMMARY OF SALIENT FACTS AND CONCLUSIONS................................................1 LIMITING CONDITIONS AND ASSUMPTIONS.............................................................. 2 EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS .................. 3 CERTIFICATION............................................................................................................. 3 IDENTIFICATION OF THE PROPERTY.........................................................................5 PURPOSE/OBJECTIVE OF THE APPRAISAL............................................................... 6 SCOPE OF THE APPRAISAL......................................................................................... 6 COMPETENCY............................................................................................................... 6 CLIENT........................................................................................................................... 6 INTENDEDUSE.............................................................................................................6 INTENDED USER...........................................................................................................6 DEFINITIONS................................................................................................................. 7 REGION.......................................................................................................................... 8 COMMUNITY DESCRIPTION.........................................................................................9 NEIGHBORHOOD DESCRIPTION............................................................................... 11 SITE DESCRIPTION..................................................................................................... 15 IMPROVEMENT DESCRIPTION.................................................................................. 19 HIGHEST AND BEST USE........................................................................................... 21 THE APPRAISAL PROCESS........................................................................................ 30 THE SALES COMPARISON APPROACH.................................................................... 31 ALLOCATION OF VALUE.............................................................................................39 RECONCILIATION AND VALUE CONCLUSION..........................................................40 WALNUT STREET ABANDONMENT, LODI SUMMARY OF SALIENT FACTS AND CONCLUSIONS TYPE OF REPORT: LOCATION OF PROPERTY: ASSESSORS PARCEL NO: CENSUS TRACT: EFFECTIVE DATE OF VALUE: RIGHTS APPRAISED: NEIGHBORHOOD DESCRIPTION: SITE DESCRIPTION: IMPROVEMENT DESCRIPTION: ZONING: GENERAL PLAN: Self Contained Report Walnut Street, between Pleasant Avenue and Church Street N/A City owned street. South of Assessor's parcels 043-041- 06, 07, & 08. North of 043-042-10 0042.04 February 5, 2013 Fee Simple Primarily a residential area adjoining Downtown Lodi. An 80 by 320 foot area currently used as a two lane road, known as Walnut Street. Typical street improvements, which are showing signs of aging. RE -1, Residential Eastside Revision to Mixed Use approved February 6, 2013, effective in a few weeks. The subject is first valued as if it were buildable. Adjustments are then made for applicable easements and restrictions. Mixed use SWANBERG & ASSOCIATES 1 WALNUT STREET ABANDONMENT, LODI VALUE OPINION: With no Easements or Restrictions: VALUE OPINION: With applicable Easements and Restrictions: CRITICAL ASSUMPTIONS AND HYPOTHETICAL CONDITIONS: USE OF REPORT: REQUESTED BY: $45,000 Their use might assignment results. have affected the The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. Possible abandonment of street Denise Wiman Senior Engineering Technician Public Works Department City of Lodi LIMITING CONDITIONS AND ASSUMPTIONS 1. The Appraiser assumes no responsibility for matters of legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey. 3. Testimony or appearance in court because of having made the appraisal is not included in the agreed upon fee. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hazardous materials, contaminants, hidden or unapparent conditions of the property, subsoil, or structures, easements or restrictions which would render it more or less valuable which are not disclosed by the client. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. SWANBERG & ASSOCIATES 2 WALNUT STREET ABANDONMENT, LODI 6. Information, estimates and opinions furnished to the Appraiser and contained in the report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility is assumed for its accuracy. 7. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusions are contingent upon completion of the improvements in a workmanlike manner. 8. The appraisal is based upon the present condition of the national economy and the present purchasing power of the dollar. This report expresses the opinion of the signer as of the date of value and in no way has been contingent upon the reporting of specified values or findings. 9. The limit of the appraiser's liability is the amount of the fee. 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. 1 have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since I have no direct evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS Their use might have affected the assignment results. The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. SWANBERG & ASSOCIATES 3 WALNUT STREET ABANDONMENT, LODI My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. I have made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I Norman H. Swanberg has completed the continuing education program of the Appraisal Institute. I have performed no services as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Norman H. Swanberg, MAI, SRPA, AGO02453 Date: February 20, 2013 State Certification expires 1/24/2014 SWANBERG & ASSOCIATES 4 WALNUT STREET ABANDONMENT, LODI IDENTIFICATION OF THE PROPERTY The subject is Walnut Street, between Pleasant Avenue and Church Street, City of Lodi, County of San Joaquin. A legal description is in the Addenda. The owner is the City of Lodi, which is a tax exempt entity. There are no Assessed Values, parcel numbers or Taxes. The Assessor's Parcel Numbers for the adjoining property to the north are 043-041-06, 07 and 08. The Assessor's Parcel Number for the adjoining property to the south is 043-042-10. Maps showing the location of the subject are in the Addenda. SWANBERG & ASSOCIATES 5 WALNUT STREET ABANDONMENT, LODI PURPOSE/OBJECTIVE OF THE APPRAISAL The objective of this Appraisal is to develop a Market Value opinion of the Fee Simple Interest of the subject property as of February 5, 2013. The subject is being valued on an "As Is" basis, subject to easements and restrictions and the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. The date of the report is February 20, 2013. SCOPE OF THE APPRAISAL This is a Self Contained Report. The subject was observed by Norman Swanberg, as well as the comparables. The subject is first valued as if it were buildable. Adjustments are then made for applicable easements and restrictions. Information was obtained on sales and other items from sources considered reliable. I have not provided any services on this property in the prior three years. COMPETENCY The Appraiser is competent to complete this assignment. The client is the City of Lodi. CLIENT INTENDED USE The intended use of the appraisal report is to assist in a possible abandonment of the subject property. INTENDED USER The intended users of the appraisal report the City of Lodi and Pastor, Saint Anne Church Corp. SWANBERG & ASSOCIATES 6 WALNUT STREET ABANDONMENT, LODI DEFINITIONS Market Value The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated. b. both parties are well informed or well advised, and each acting in what he considers his own best interest. c. a reasonable time is allowed for exposure in the open market. d. payment is made in terms equivalent to cash in U.S. dollars or in terms of financial arrangements comparable thereto: and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: Federal Deposit Insurance Corporation, (FDIC) Fee Simple Interest: An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate. Hypothetical Condition That which is contrary to what exists but is supposed for the purpose of analysis. This might have impacted the value opinion. Exposure Time Estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. SWANBERG & ASSOCIATES 7 WALNUT STREET ABANDONMENT, LODI REGION A map of the region is in the Addenda. California, a state of the southwestern United States, is the third largest in area, and has the largest population. California is ranked first in agricultural cash receipts with a wide variety of goods being produced. Cattle, milk, cotton, and grapes are the most significant. California ranks first in manufacturing, and fourth in mining. San Francisco is the largest city in northern California with many other cities nearby, making the San Francisco Bay Area a large metropolitan area. Between two mountain ranges in northern California is the Central Valley, which is about 50 miles wide and 500 miles long. The Central Valley produces huge amounts of vegetables, fruit, grain, dairy goods, nuts, and livestock. Major centers of fruit and vegetable processing in the Central Valley are Bakersfield, Fresno, Sacramento, and Stockton. The state capitol is located in Sacramento, which is in the Central Valley. The County contains a total of 1,412 square miles and ranks 33 in size, compared to all of California's counties. The County has a strong agricultural base and consistently ranks within the top ten agricultural counties in the United States. Leading agricultural crops are milk, grapes, cattle, calves, tomatoes, eggs, hay, sugar beets, corn, asparagus, and walnuts. San Joaquin County is in the Central Valley and adjoins some of the San Francisco Bay Area counties. Prices and population density are generally greater in the Bay Area and the counties nearby are getting increasing numbers of commuters seeking affordable housing. A report issued in 2008 predicted the population would increase to 1,783,973 by the year 2050. This is an increase of 2.6 times. The following population statistics from the State of California Department of Finance are shown below: State & Counties 1/1/11 1/1/12 Percent Increase California 37,427,946 37,678,563 0.7 San Joaquin 689,160 695,750 1.0 Stanislaus 516,244 519,940 0.7 Sacramento 1,427,961 1,435,153 0.5 SWANBERG & ASSOCIATES 8 WALNUT STREET ABANDONMENT, LODI COMMUNITY DESCRIPTION A map of the community is in the Addenda. Lodi The City of Lodi is located in California's Central Valley, 34 miles south of Sacramento, 12 miles north of Stockton, and 90 miles east of San Francisco. Topography The City of Lodi is generally level and has an elevation of 51 feet above sea level. Agriculture Wines, nuts, milk, and processed food create the strong agricultural industry of Lodi. There are numerous wineries and tasting rooms in the area, and Lodi wines are sold through out the world. Climate The climate is moderate compared to most of the United States. History The City of Lodi was incorporated in 1906 and by 1960 the population grew to 22,229. By 1970 this had increased to 28,614, by 1980 to 34,300, by 1990 to 51,874, by 2000 to 57,500, by 2010 to 62,134 and by 2011 62,473. In addition to the population growth shown above, there is additional growth in areas just outside the perimeter of the City. Education Lodi Unified School District includes elementary, middle, high schools, continuation high schools, day schools, an adult school, career center, a children's center, a developmental center for disabled students and several pre-school programs. There are also private elementary schools, middle schools, and high schools. San Joaquin Delta College is located in nearby Stockton and serves the City of Lodi as well as other territories. It offers 50 different occupational programs in addition to its general academic program. The University of Pacific is located in Stockton and is private. It offers a wide range of undergraduate and professional programs including business, public administration, math, engineering, pharmacy, music, and education. Advanced degrees are offered in pharmacy, physics, communications, education, chemistry, and others. Humphrey's College is also located in Stockton and is a private liberal arts college. It offers AA and Bachelors programs in selected fields, including accounting, business management, secretarial science, computer science, and systems programming. They also have a law program. Sacramento State University is located in Sacramento and is within commuting distance. It offers a variety of programs under the State University System. Stanislaus State University offers some courses in Stockton. SWANBERG & ASSOCIATES 9 WALNUT STREET ABANDONMENT, LODI Health Care Lodi has one general hospital with satellite clinics. Other facilities are available in Stockton or Sacramento. Recreation Lodi is located near the San Joaquin Delta, the area where the Sacramento, San Joaquin, and other rivers meet before entering the San Francisco Bay. The Delta is essentially a 700,000 -acre farm randomly criss-crossed by 1,000 miles of navigable rivers, streams, sloughs, and canals resulting in a paradise for fishermen, house boaters, water skiers, and other water activities. Other recreational facilities include numerous parks, some specific use facilities, and playgrounds. The main park is Lodi Lake with swimming and boating. There are nearby county parks, a zoo, museum, and a community center. (Znvp rn ma n+ The City of Lodi has a council/manager type of government. The City owns and operates the electric utility system. Transportation Amtrak, the Southern Pacific Railroad and Central California Traction Company provide railroad transportation. There are regularly scheduled truck lines with contract carriers. Overnight delivery is available to Los Angeles and San Francisco. Air transportation is available at Sacramento Metropolitan Airport to the north. Greyhound Bus Lines provide bus transportation. Major highways are State Route 99 and Interstate 5 running north and south. Running east and west is State Highway 12. Employment Major employers in the Lodi labor market area include General Mills, Cottage Bakery, and several other manufacturing companies. Major non -manufacturing employers include Blue Shield, Lodi Unified School District, Lodi Memorial Hospital, and the City of Lodi. A 101 room Hampton Inn opened in July 2008. The San Joaquin County unemployment rate for December is given for several years. The 2005 rate was 7.5%, 2006 7.5%, 2007 9.2%, 2008 12.9%, 2009 16.8%, 2010 18.1%, 2011 16.1, and 2012 14.5%. The unemployment rate peaked at 16% in February 1992, during that recession, and was higher during the recent recession. It has recently improved. August and September typically see the highest employment, due to crop harvests. Summary Lodi is a small to medium size City, not far from larger metropolitan areas. There is a good balance of education, recreation, culture and transportation. Employment within the City is diversified and additional sources are within commuting distances. The downturn in the economy has affected Lodi along with the rest of the world. In conclusion, Lodi is considered to be a stable well balanced community. SWANBERG & ASSOCIATES 10 WALNUT STREET ABANDONMENT, LODI NEIGHBORHOOD DESCRIPTION A map showing the location of the neighborhood is in the Addenda. The neighborhood is primarily a residential area adjoining Downtown Lodi. It is north of Lodi Avenue, south of Oak Street, east of Hutchins Street, and west of Church Street. There are commercial uses along Lodi Avenue. There is a church adjoining the subject to the north and a school run by that church to the south. The General Plan and future Zoning are Mixed Use for the blocks between Church Street and Pleasant Avenue. This would allow retail on ground floors and office or residential above. It would also allow apartments. This change in use would most likely be very gradual. This area includes the subject. Photographs of adjacent uses follow. Buildings on the north side of Walnut Street from Pleasant Avenue SWANBERG & ASSOCIATES 11 na to wow P. Olk INI R'WIRMV WALNUT STREET ABANDONMENT, LODI Bank of Stockton Branch at the SEC of Walnut Street and Church Street Parking lot and buildings on the NEC of Walnut Street and Church Street SWANBERG & ASSOCIATES 14 WALNUT STREET ABANDONMENT, LODI SITE DESCRIPTION Map A map of the site is in the Addenda. Size and Shape The subject is Rectangular in shape. Dimensions on the Assessor's Parcel Map show 80 feet by 320 feet, which gives 25,600 square feet Topography The site is near level. Utilities All normal utilities are available. Census Tract The Census Tract Number is 0042.04. Zoning The subject was zoned RE -1, Residential Eastside on the date of value. Revision to Mixed Use was approved February 6, 2013, effective in a few weeks. The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. Mixed use does not allow a duplex or single family residence. This would allow retail on ground floors and office or residential above. It would also allow apartments. General Plan The General Plan is Mixed Use. Taxes and Assessments In June of 1978 the citizens of California passed Proposition 13. The Real Estate Tax Rate is fixed at 1 % of the Assessor's full cash value plus certain voter approved bonds. Also, the Assessor may not reappraise any property until there is new construction or a transfer of ownership. When this occurs, the Assessor is obliged to revalue the property at its Market Value at the time of the construction or transfer. Since a potential buyer of the subject would face a reassessment with any property being purchased, this is not considered to adversely affect value. The owner is the City of Lodi, which is a tax exempt entity. There are no Assessed Values, parcel numbers or Taxes. Street and Access The subject has frontage on Pleasant Avenue to the west and Church Street to the east. Both of these and the subject are two lane paved roads. Photographs of the streets follow. SWANBERG & ASSOCIATES 15 _Iw T% ?F, � 5 Y1 4r, WALNUT STREET ABANDONMENT, LODI Looking north on Church Street from Walnut Street Looking south on Church Street from Walnut Street SWANBERG & ASSOCIATES 17 WALNUT STREET ABANDONMENT, LODI Wetlands Nothing was observed that would indicate that the subject is in a wetland area. Seismic Conditions There are no Alquist Priolo Special Study Zones in San Joaquin County. Easements There is a storm drainage line approximately in the middle of Walnut Street. There is a water line approximately a fourth of the way north of the south curb of Walnut Street. Pacific Gas and Electric Company has a gas line in the street and will retain an easement. The location of the gas line has not been identified. Lodi Electric has lines, running north to south, at the east and west ends of the subject. A ten foot wide easement is to be retained for each of these lines. Public utility easements are to be retained for the entire site. Rpc+rir_tinnc Planning will not allow the subject to be fenced off and the public will be allowed to pedestrian access in perpetuity. Toxic Hazards This appraiser is not an expert in toxic hazards. Nothing was observed in the course of the inspection that indicated a toxic hazard problem. History of the Subject There have been no sales of the subject in the last three years. Adequacy The site is considered functionally adequate for a courtyard, with some driveways. It is also adequate for a city street. SWANBERG & ASSOCIATES 18 WALNUT STREET ABANDONMENT, LODI IMPROVEMENT DESCRIPTION Existing The subject property is now improved with a two lane City street, sidewalks, curbs, and gutters, as well as trees. The asphalt street has cracks and patches. It appears to be near the end of its life. The sidewalks are older and have some shifting from the tree roots. The 15 trees are dormant, but appear to be healthy. Most of them are mature. Proposed The adjoining property to the north and south is owned by "Pastor St. Anne Church Corp." A school is to the south. They are interested in safe passage from one side of the street to the other, with no vehicle traffic. They intend to remove the old street, sidewalks, curbs, and gutters. The proposed use will include driveways at each end to parking lots on the north side of the street. The balance will be a combination of planters and walkways. This will provide a passageway from the north to south and a nice amenity. Planning will not allow the subject to be fenced off and the public will be allowed to walk through and enjoy the area. A copy of the proposed site plan is in the Addenda. Current photographs of the improvements follow. Looking east on Walnut Street from Pleasant Avenue SWANBERG & ASSOCIATES 19 I Nil sj . k A�`R I WALNUT STREET ABANDONMENT, LODI HIGHEST AND BEST USE Definition --that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, that use from among reasonably probable and legal alternative uses found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. The definition immediately above applies specifically to the highest and best use of land. It is to be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue however, unless and until land value in its highest and best use exceeds the total value of the property in its existing use. Implied within these definitions is recognition of the contribution of that specific use to community environment or to community development goals in addition to wealth maximization of individual property owners. Also implied, is that the determination of highest and best use results from the appraiser's judgement and analytical skill, i.e., that the use determined from analysis represents an opinion, not a fact to be found. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. In the context of most probable selling price (market value) another appropriate term to reflect highest and best use would be most probable use. In the context of investment value an alternative term would be profitable use. Highest and Best Use as Vacant Legally Permissible The subject is first valued as if it were buildable. Adjustments are then made for applicable easements and restrictions. The subject was zoned RE -1, Residential Eastside on the date of value. Revision to Mixed Use approved was February 6, 2013, effective in a few weeks. The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. Mixed use does not allow a duplex or single family residence. This would allow retail on ground floors and office or residential above. It would also allow apartments with from eight to 35 units per acre. That would allow between five and 21 units. Physically Possible The site is rather long and narrow. A variety of commercial, mixed or apartment uses would be physically possible, but the shape of the parcel would be awkward. Financially Feasible An improved economy would be needed to be financially feasible to build at this time. Searches were made for both commercial land sales and multi -family in San Joaquin and Stanislaus Counties. The land size used in the search was between 2/10 and two acres. Six sales, of land zoned for apartments, were found with sales prices ranging SWANBERG & ASSOCIATES 21 WALNUT STREET ABANDONMENT, LODI from $1.43 to $3.74 per square foot. One other sale was substantially higher, but it was only .21 acre and was in Newman. Commercial land sales are higher, so apartment would not be the highest & best use. The east end fronts Church Street, so retail would be logical at that end. The balance would more likely be developed as office, with parking at the west end. Some second floor apartments would be a possibility. Maximum Productivity The highest and best use as vacant would be to hold until there is improvement in the economy. Commercial development, at least primarily, would be the most profitable at this time. It is possible this could change by the time development is feasible. Highest and Best Use as Improved The streets and sidewalks are older and would be removed for normal development. The trees are attractive, but most could not be retained if the parcel were available for normal development. The existing improvements would be removed with normal development, with the possible exception of a few trees. Maximum productivity would be achieved by removing at least most of the improvements and developing the site as if vacant, when the economy improves. Typical Buyer The typical buyer would be an investor, other than the adjoining owner. Typical User The typical user would multiple commercial tenants, with a combination of ground floor retail and office. Some second floor apartments may be feasible. Market Conditions National and State A credit crunch that began in 2007 escalated into a full-blown global financial crisis over the second half of 2008 as turmoil spread from the sub -prime mortgage sector of the U.S. bond market to other financial markets. As asset prices dropped, some financial institutions were forced to sell their higher quality assets to raise cash. This lead to four quarters of negative growth in gross domestic product, the worst since the depression. The last of these was the second quarter of 2009. Uncertainties in Europe have had an effect of our economy. Greece defaulted, with banks accepting less than full value for their bonds. Several other countries have high debt loads and may also fail. A recession in Europe would have a negative impact on our exports. There is uncertainty as to whether or the European Union will fail. An article in the November 16, 2012 paper indicated Europe was officially back in recession for the first time in three years. An LA Times article in the September 14, 2012 paper told of Fed Chief, Bernanke announcement. He said $40 billion a month will be used to purchase mortgage backed securities until the market improves substantially. This is essentially printing money which in the long run will be inflationary. SWANBERG & ASSOCIATES 22 WALNUT STREET ABANDONMENT, LODI November 9, 2012 the National Association of Realtors predicted the housing recovery should continue through the coming years, assuming there are no further limitations on the availability of mortgage credit, or a "fiscal cliff'. Their economist said the housing market clearly turned around in 2012. He saw no signs of inflation in 2013, but felt it would be 4 to 6% by 2015, due to the huge federal government deficit. Annual price increases in the range or 5 to 6% were predicted for the coming years. This will reduce the number of people that are upside down on their loans. So far, we have only regained half of the jobs lost during the recession. October 2012 home and apartment construction starts reached a four year high. Housing starts at an annual rate of 478,000 in the month of April 2009. October 2012 was 894,000. Healthy is considered to be 1,500,000. Consumer spending increased in nine of 12 regional banking districts in October and early November. The San Francisco Region had modest growth. Areas struck by the severe storm in the east saw declines. An article in the November 30, 2012 paper told of a report by the National Association of Realtors. They indicated the number of contracts to buy homes in October was nearly the highest level in almost six years. Excluding a few months which peaked due to the home buyer tax credit, October had the most sales since March 2007. A year end survey of 48 economists anticipated a 2.1 % increase in GDP in 2013. They anticipated no change in the unemployment rate. Edward Jones anticipates 2.0% growth in GDP in 2013. The Mortgage Bankers Association expects very modest economic growth in 2013, but still growth. They are predicting a 1.9% increase in 2013 compared to 1.7% in 2012. They are anticipating 2.5% in 2014. They predict the unemployment will decrease very slowly to 7.7% in 2013 and 7.4% in 2014. As expected, at the very last minute, Congress acted to reduce the size of the fiscal cliff. However, that was just one fight in the long battle over how to reduce the federal deficit, and there are more fights ahead in the coming months. The January 15, 2013 paper told of a report from Corel-ogic passed on repeat sales of the same property. They indicated home prices increased 7.5% in 2012 which was the biggest increase since 2006. They forecast another 6% for 2013. SWANBERG & ASSOCIATES 23 WALNUT STREET ABANDONMENT, LODI On January 30, 2013 Costar gave a webinar discussing the economy and industrial market. The fourth quarter had negative growth. Inventories declined 1.3%, exports decreased slightly, and government spending decreased. Hopefully this is not a trend. Delinquencies on homes are declining. They predicted warehouse demand should continue to increase slightly. The national industrial absorption was good. San Jose had the worst absorption in the nation. Overall industrial vacancy was 8.9%, an improvement from the end of 2011. Industrial asking rents increased 1 % for the year, with .6% of this in the last quarter. There were 111 markets with increased rents and 99 with declines. Demand has been good for larger industrial spaces. The East Bay had positive absorption and more demolition than new construction. There is now spec new construction in the East Bay. The East Bay had a 1.3% improvement in the industrial vacancy rate and a 4% increase in rents. This national organization mentioned that companies were starting to look at places like Stockton, because East Bay rents are so high. They thought the industrial market was two thirds of the way through the dip in the economy. Bay Area Influence Many of the Central Valley homes that were purchased by people who could not afford them were Bay Area commuters, with good paying jobs. Many of the people who lost these homes have returned to apartments in the Bay Area. This leaves an oversupply of homes in the Central Valley. The census numbers say the population has increased, but apparently the number of people with good incomes has decreased. The reduction of people with good incomes in the Central Valley reduces need for retail space, office space, etc. This is also true of people out of work. An article in the June 16, 2011 Record gave an update on Bay Area prices. On July 17, 2009 a report from Data Quick was given in the Record. The median price for the nine county Bay Area peaked at $665,000 in 2007 and decreased to $290,000 in March 2008. It increased each month after this to $352,000 in June 2009. A later article indicated a September 2009 median price of $365,000. By May 2010 they were up to $410,000, but declined 9% to $372,000 in May 2011. Bay Area prices are still much higher than the Central Valley, but are fluctuating. The recent decline in prices will discourage people from buying in the Central Valley and commuting to the Bay Area. The price of gas increased substantially and then declined some. The uncertainty in the Middle East makes the future prices of gas unclear. This will discourage people from buying in the Central Valley and commuting to the Bay Area. A June 16 article by Bloomberg, and found on the internet said there was a surge of wealth from the sale of technology stocks which has caused the bidding up of home prices in Silicon Valley. Palo Alto prices climbed 20% in May from a year earlier, the biggest jump since 2008. Mountain View rose 3.1% from a year earlier, the ninth year -over -year gain in 12 months. Cupertino gained 12% in a year, Saratoga 4.7%. These are higher end areas. The 2012 Silicon Valley Index found job growth in the high-tech hub far outpaced the country as a whole. The region had a 4% increase in jobs, compared to a nationwide increase of a little more than 1 %. Another article by Forbes said new home construction in the Silicon Valley was up 97% in the third quarter of 2011 compared to a year earlier. SWANBERG & ASSOCIATES 24 WALNUT STREET ABANDONMENT, LODI There is a commuter train that goes from Stockton, through Lathrop, Manteca, and Tracy on its way to San Jose. Improvements in the job market around San Jose should benefit these cities. An article in the April 18, 2012 paper indicated March home sales decreased 4.5% from February, but prices were up 9.2%. Tight inventory and robust home sales in the Bay Area fueled the increase in median home price. Stockton had a 37% increase in home sales, and the median price increased 0.8%. A Costar article dated September 5, 2012 San Francisco and San Jose were among the strongest commercial real estate markets in the country. They are driven by technology jobs. Absorption and rent growth have both been strong. Office rent growth in San Francisco lead the nation at 16.8% for the second quarter and San Jose also had notable increases. On January 30, 2013 Costar gave a webinar discussing the economy and industrial market. The national industrial absorption was good. San Jose had the worst absorption in the nation. Demand has been good for larger industrial spaces. The East Bay had positive absorption and more demolition than new construction. There is now spec new construction in the East Bay. The East Bay had a 1.3% improvement in the industrial vacancy rate and a 4% increase in rents. This national organization mentioned that companies were starting to look at places like Stockton, because East Bay rents are so high. Local The San Joaquin County unemployment rate for December is given for several years. The 2005 rate was 7.5%, 2006 7.5%, 2007 9.2%, 2008 12.9%, 2009 16.8%, 2010 18.1%, 2011 16.1, and 2012 14.5%. The unemployment rate peaked at 16% in February 1992, during that recession, and was higher during the recent recession. It has recently improved. August and September typically see the highest employment, due to crop harvests. The Appraisal Institute gave its 2012 Annual Spring Conference March 19, 2012. Jeff Michael, Director of University of Pacific Business Forecasting Center, spoke. He indicated San Joaquin County had bottomed out. We were creating jobs again. East Bay jobs were hard hit in the recession, but they are finally starting to recover. He anticipates a 3.5% growth rate in 2014 and 2015 for California. He indicated San Joaquin County had 7,500 excess houses. There are 2,500 to 2,600 new households formed each year, which would result in the excess being consumed by 2015. He felt we were about half way through the foreclosures. SWANBERG & ASSOCIATES 25 WALNUT STREET ABANDONMENT, LODI Loopnet is a data service that provides listing and sales information on commercial, multifamily, and industrial properties. They give per square foot statistics on asking rents and sales prices for September, 2012, three months earlier, and a year earlier. This was the latest information available as of January 29, 2013. The following are for San Joaquin County. PROPERTY TYPE THREE MONTH CHANGE ANNUAL CHANGE INDUSTRIAL RENT -0.4% -4.2% INDUSTRIAL LISTING -2.1% -19.8% OFFICE RENT -2.0% -4.4% OFFICE LISTING -4.2% -20.8% RETAIL RENT -3.5% -9.3% RETAIL LISTING -12.1% -35.7% This information is based on asking rents and listing prices, not actual sales or rents. The sample size for each category is not known. Tracy is closer to the Bay Area than most of the county and generally more desirable. An article in the May 25, 2012 paper indicated the Port of Stockton received a grant to dredge the channel leading to Stockton. This will allow larger cargo ships to reach the Port, which will provide more jobs for Stockton. On June 4, 2012 Renee Becker said she has not seen much improvement in the industrial market. On August 6, 2012 Fred Miller felt there would be an improved industrial market within three years. He recently sold 501 Bitritto Way, Modesto and has a listing on 1244 Marchy Lane, Ceres. Both of these are industrial properties. On September 12, 2012 Timothy Pryor commented on the industrial market. He is president of Mid Cal Industrial Properties and has been a commercial broker in the area for many years. He felt the industrial market improved very slowly but surely in the past year. An article in the September 14, 2012 Record indicated five Central Valley metropolitan areas were the worst in the nation in foreclosure related filings in August. Stanislaus County was the worst and San Joaquin County was fifth. The rate for San Joaquin County improved by 19% from the prior month and 28% from a year earlier. An article in the September 19, 2012 paper indicated San Joaquin County quickened its economic recovery pace in the second quarter. It was ranked 37th in the nations 100 largest metropolitan areas in improvement, up from 44th in the first quarter. On October 3, 2012 Christopher Sill said he has had not seen any improvement in the market. He is Senior Vice President in the Stockton office of Lee & Associates. He specializes in retail and office. SWANBERG & ASSOCIATES 26 WALNUT STREET ABANDONMENT, LODI On October 4, 2012 Richard Adkins said he has not seen any improvement in the market. He is with Sperry Van Ness in Sacramento and has seven years of experience. His "markets" include the metropolitan areas of Sacramento, Stockton, and Modesto. An Article in the November 24, 2012 paper indicated grading had begun for an Amazon distribution building with 1,000,000 square feet in Tracy. It is expected to create 1,000 jobs when completed in about a year. The contract was expected to be signed within a week. A similar sized Amazon facility is also under construction 20 miles to the south in Patterson, that will process different products. Tracy indicated negotiations are in process for another similar sized project, but could not give details. November 29, 2012 Mike Glazzy, said he has not seen any improvement in the market. He said there is greater demand for industrial property with a yard. He has an MBA and has been with Sousa Realty in Tracy since 1993. He specializes in commercial and industrial properties. November 29, 2012 David Fish with Lee & Associates said he has not seen any improvements in the market. He joined Lee & Associates, in Stockton, in 2007 as Research Director and has specialized in sales and leasing of industrial properties since 2008. An article in the November 30, 2012 paper indicated non -distressed residential sales were 51 % of the transactions in San Joaquin County, compared to 37% a year earlier. The median sales price for a single family residence rose 14.6% from a year earlier. The December 4, 2012 paper indicated BlueLinx leased a 120,000 square foot distribution building on five acres at the Port of Stockton. They were formerly at a Newark facility in the Bay Area. They will bring 50 jobs to the area. An article in the December 12, 2013 paper indicated San Joaquin County was added to the Improving Market Index of the National Home Builders Association and First American Title Company. An article in the January 16, 2013 paper indicated California home prices were increasing. The state median single family home price went up 27% from December 2011 to December 2012. San Joaquin County was 15.7% and Stanislaus County 19.2%. The Bay Area saw higher increases. An article in the January 18, 2013 paper told of a talk by Jeffrey Michael, director of the Business Forecasting Center at University of the Pacific. He said the San Joaquin County economy has suffered more than others. He felt we have reached bottom. He said the next two years could bring a substantial bump in home prices, but did not expect it to be as dramatic as the Bay Area. The new 1,722 bed prison medical facility will bring more good high paying jobs. SWANBERG & ASSOCIATES 27 WALNUT STREET ABANDONMENT, LODI An article in the January 18, 2013 paper indicated California had a large walnut crop, and San Joaquin County leads the state in production. Demand in Asia was strong and shipments were well ahead of last year. This is keeping prices high. It is also increasing the demand for shipping facilities. The Stockton Marine Highway brings ships to Stockton which is close to the walnut supply. There were many new plantings of walnuts in recent years, so production should increase significantly if the next few years. This should have some impact on the demand for shipping facilities in Stockton. On January 30, 2013 someone in the Pombo Real Estate office (Tracy) said there has been a little improvement in the market. On February 16, 2012 Wayne Craig indicated interest from buyers is increasing, including interest in land. He has been developing and selling commercial real estate for many years. In summary there was a period when very liberal loans were made on single family residences. Many people bought more than they could afford and prices escalated rapidly. The market overcorrected. The majority of home sales are foreclosure -distress sales. Near new properties are selling for less than replacement cost of the building, not counting land value. Prices will increase when supply and demand return to equilibrium. Home prices have begun to improve. Demand for office, retail, industrial, etc. will also improve. This is expected to happen gradually, with commercial/industrial lagging behind residential. We are now seeing some encouraging signs of improvement, and a slow recovery. SWANBERG & ASSOCIATES 28 WALNUT STREET ABANDONMENT, LODI Exposure Time Exposure time is defined in USPAP as follows: the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective opinion based on an analysis of past events assuming a competitive and open market. Exposure time typically would be from the listing date until a purchase contract had been agreed upon. This is presumed to occur prior to the effective date of the appraisal. Escrow time would be from the date a purchase contract had been agreed upon until close of escrow. This is presumed to occur after the date of value. The exposure times for various sales are as follows. Sale Exposure Three 1,683 Days Four 1,400 Days Five 1,035 Days The exposure time for Sale Five is 29 days per Comps Inc. It appears to be for the current listing. This property has previously been offered for sale and Metrolist indicates 1,035 days cumulative. 208 E. 11th Street, Tracy sold 7/24/12 29 Days 1402 Colony Rd., Ripon sold 7/16/12 154 Days 216 W. Yosemite Ave., Manteca sold 5/22/12 29 Days The exposure time is estimated to be nine months. This is based on good marketing, and realistic pricing. SWANBERG & ASSOCIATES 29 WALNUT STREET ABANDONMENT, LODI THE APPRAISAL PROCESS Three approaches to value, the Cost Approach, the Sales Comparison Approach, and the Income Approach are customarily utilized by Appraisers for the purpose of arriving at a value estimate for a given property. The subject is first valued as if it were buildable. Adjustments are then made for applicable easements and restrictions. For the Cost Approach, the Appraiser determines the value of the subject site as though vacant and put to its Highest and Best Use. Then an estimate is made of the cost of replacing the subject improvements at current cost rates. From the replacement cost new dollar amount, the estimated loss in utility caused by physical, functional, and economic depreciation is subtracted. The depreciated improvement value is then added to the site to indicate the value by the Cost Approach. The Cost Approach is not meaningful for improvements the age and condition of the subject and has not been used for this reason. It is not necessary for a credible assignment result. In applying the Sales Comparison the Appraiser takes several distinct steps. First, he seeks out properties similar to the subject, which have sold in the market. Second, he qualifies the sales to see that no unusual terms, motivating forces, etc. have distorted sale prices. Third, he compares the comparable property's physical and/or economic characteristics with those of the subject, being sure that adjustments are made for any differences. Last, the Appraiser correlates the adjusted sale prices of the sales into an indicated value for the Sales Comparison Approach. For the Income Approach, the Appraiser determines the gross stabilized Market Rental income of the subject by analyzing comparable rental space. Then, deductions as indicated by the Market are made for vacancy and collection losses, and operating expenses. The net operating income is then capitalized by using the appropriate methodology and a capitalization rate, which is based on Market data to arrive at a value indicator. The Income Approach is not meaningful for vacant land and has not been used for this reason. It is not necessary for a credible assignment result. SWANBERG & ASSOCIATES 30 WALNUT STREET ABANDONMENT, LODI THE SALES COMPARISON APPROACH Several land sales were considered. A map showing the location of the properties is in the Addenda. Information on the land sales follows. SWANBERG & ASSOCIATES 31 WALNUT STREET ABANDONMENT, LODI SALE ONE 16 & 40 South Cherokee Lane, Lodi A P N: 043-230-12 & 13 Sales Price: $400,000 Date of Sale: 12/31/2012 Price / Land SF. $10.21 Grantor: Geweke Land Dev. Terms: Cash Grantee: City of Lodi Land Area: 39,194 SF Deed Number: 42034 Offsites: Complete Marketing Time: Unknown Building: Two small Zoning: C-2 General Com. Comments: This is an older used car lot that had been vacant and for sale for some time. It was purchased as land for a new fire station. Information was from the Lodi News Sentinel, another appraiser, and Steve Schwabauer, Lodi Citv Attornev. SWANBERG & ASSOCIATES 32 WALNUT STREET ABANDONMENT, LODI SALE TWO 3131 West Hammer Lane, Stockton A P N: 082-220-08 Sales Price: $290,000 Date of Sale: 111/8/2012 Price / Land SF. $9.51 Grantor: Hammer & Kelley Part Terms: Conventional Grantee: Nos Soucis Inc. Land Area: 91,476 SF Deed Number: 146670 Offsites: Complete Marketing Time: N/A Building: Demolish Zoning: Commercial Comments: There is now a Walgreens on this formerly developed site. Information is from another appraiser and public records. SWANBERG & ASSOCIATES 33 WALNUT STREET ABANDONMENT, LODI APN: Date of Sale: Grantor: Grantee: Deed Number: Marketing Time: Zoning: Comments: SALE THREE 1810 South Fresno Avenue, Stockton 163-820-65 12/27/2012 S. J. Valley Associates Msd-DV Stockton Llc 17534 N/A Commercial Sales Price: $348,480 Price / Land SF. $4.00 Terms: Cash Land Area: 87,120 SF Offsites: Complete Building: None This is a vacant parcel with frontage on three streets, including Highway 4. Information was from Comps and Public records. SWANBERG & ASSOCIATES 34 WALNUT STREET ABANDONMENT, LODI SALE FOUR (Listing) 5 & 9 W. Lockeford Street, Lodi A P N: 041-165-06 & 07 Listed Price: $89,950 Date of Sale: Current listing Price / Land SF. $7.56 Grantor: Stephen Mertz Terms: TBD Grantee: N/A Land Area: 11,900 SF Deed Number: N/A Offsites: Complete Marketing Time: 1,400 Days Building: None Zoning: C-2, General Commercial Comments: These are two adjoining parcels with 70 feet of frontage on Lockeford Street, and 170 feet deep. Information is from Comps, Metrolist. and aublic records. SWANBERG & ASSOCIATES 35 WALNUT STREET ABANDONMENT, LODI SALE FIVE (Listing) 217 North School Street, Lodi A P N: 043-023-04 Listed Price: $299,000 Date of Sale: Current Listing Price / Land SF. $11.07 Grantor: J. & D. Lockwood Terms: TBD Grantee: N/A Land Area: 27,007 SF Deed Number: N/A Offsites: Complete Marketing Time: See Comments Building: None Zoning: C-2, General Commercial Comments: This is a vacant lot at the corner of Lockeford & School. Comps indicates it as being listed for 29 days, which is apparently the current listing. It has previously been listed. Metrolist shows the cumulative days on market at 1,035. Information is from Comps, Metrolist. and aublic records. SWANBERG & ASSOCIATES 36 WALNUT STREET ABANDONMENT, LODI Land Sales Analysis An adjustment grid is on the next page. Downward adjustments are made when the comparable is superior. Upward adjustments are made when the comparable is inferior. A value indicator is shown from each sale as well as the land value opinion. Downward adjustments are made for time because values are still declining. Adjustments are made for size because smaller parcels tend to sell for more per square foot than larger parcels. Significant adjustments are made for shape, because the subject is long and narrow. Sale Four is similar in shape. Sale Three has frontage on three streets, so it has a larger adjustment than the others. Adjustments for demolition are made under improvements. The subject needs demolition and three of the sales did not. Adjustments have been made for location, with consideration to the fact that the subject has only 80 feet of frontage on Church Street. The other end fronts a residential area. A very large adjustment is made on Sale Three because it is in South Stockton. Sale One is the most current and the most similar in size of the closed sales. It is in Lodi. It had similar improvements that needed to be demolished. Sale Two is a recent transaction with improvements that needed to be demolished and is equal in location. Sale Three is a recent transaction with commercial land. Sale Four (a listing) is the most similar in shape, is in Lodi, and had a zero net adjustment. Sale Five (a listing) is the most similar in size and is in Lodi. There is a narrow range of indicators from the closed sales and the listings are slightly higher. There were relatively few adjustments with most of the sales. All of the closed sales indicate $7.00 if rounded to the nearest dollar. The indicator from Sale Three is within four cents of $7.00 per square foot. One of the closed sales indicates higher and one lower. The listings indicate slightly higher values, but they may sell for less. Market Value of the Fee Simple interest is $7.00 per square foot, which gives $180,000 rounded. SWANBERG & ASSOCIATES 37 WALNUT STREET ABANDONMENT, LODI LAND VALUE SWANBERG & ASSOCIATES 38 NET PER FT. 2013-201 L SALE SQ. TOTAL VALUE SALE NO. PRICE DATE FEET SHAPE IMPS ZONING LOC. OFFSITES ADJ. IND. Need Mixed Downtown SUBJECT N/A N/A 25,600 Narrow Demolition Use Lodi Complete N/A N/A 1, Cherokee Ln. $10.21 12/31/2012 39,194 Superior Similar Com Cherokee Complete Adjustment ($0.10) $0.00 ($4.00) $0.00 $0.00 $1.00 $0.00 ($3.10) $7.11 2, Hammer, Stk. $9.51 11/8/2012 91,476 Superior Similar Com Equal Complete Adjustment ($0.29) $1.50 ($4.00) $0.00 $0.00 $0.00 $0.00 ($2.79) $6.72 3, S. Fresno, Stk. $4.00 12/27/2012 87,120 Superior None Com Inferior Complete Adjustment ($0.04) $1.50 ($4.50) ($1.00) $0.00 $7.00 $0.00 $2.96 $6.96 4, Lockford St. $7.56 Asking 11,900 Similar None Com Inferior Complete Adjustment $0.00 ($1.00) $0.00 ($1.00) $0.00 $2.00 $0.00 $0.00 $7.56 5, School St. $11.07 Asking 27,007 Superior None Com Inferior Complete Adjustment $0.00 $0.00 ($4.00) ($1.00) $0.00 $1.50 $0.00 ($3.50) $7.57 CONCLUSION 25,600 Sq. Ft. X $7.00 = $179,200 ROUNDED $180,000 SWANBERG & ASSOCIATES 38 WALNUT STREET ABANDONMENT, LODI ALLOCATION OF VALUE The previous analysis is for the Fee Simple Value with no easements or restrictions. Not all rights are to be transferred. The City will retain public utility easements under the entire area. The City will retain rights for pedestrian access, with the exception of when Church is having service. Buildings cannot be constructed in the area. The Church/school will no longer have vehicle traffic between their facilities on opposite sides of the street, other than at the ends to provide parking lot access. There will be an attractive pedestrian only area. The Church will need to demolish much of the street improvements, construct, and maintain the new improvements. Considering the above the City is retaining 75% of the rights and value. The Church is acquiring 25% of the rights and value. SWANBERG & ASSOCIATES 39 WALNUT STREET ABANDONMENT, LODI RECONCILIATION AND VALUE CONCLUSION The Fee Simple value, without easements or restrictions, is $180,000. The allocation of value is 25% for the rights to be acquired by the Church. Multiplying $180,000 times 25% gives $45,000. Conclusion As a result of the analysis and conclusions contained in the preceding report plus Addenda, I have arrived at a Market Value opinion of the Fee Simple Interest, with the easements and restriction previously described, of the subject property as February 5, 2013 of $45,000. Extraordinary Assumptions and Hypothetical Conditions Their use might have affected the assignment results. The appraisal is based on the hypothetical condition that the subject was rezoned to Mixed Use as of the date of value. SWANBERG & ASSOCIATES 40 ADDENDA A. Legal Description B. Location Maps of Subject C. Site Plan D. Location Map and Parcel Maps of Land Sales E. Appraisers Qualifications F. Appraisers License A. Legal Description BAUMBACH & PIAZZA, INC. LodIGA9s 40.2903 1209) 368 CIVIL ENGINEERS- LAND SURVEYORS PePat 1209) 368.6610 www.bpenglnears.net Roadway Abandonment City of Lodi Walnut Street That certain real property situated in the State of California, County of San Joaquin, Clty of Lodi, described more particularly as follows: BEGINNING at the southwest corner of Lot 8, Block 5 as shown on "City of Lodi", formerly "Mokelumne", as filed In Book 2 of Maps and Plats, page 12, San Joaquin County Records; thence southerly to the northwest corner of Lot 1, Block 6 as shown on said Map; thence easterly along the northerly line of said Block 6 to the northeast corner of Lot 4, Block 6 of said Map; thence northerly to the southeast comer of Lot 5, Block 5 of said Map; thence westerly along the southerly line of Block 5 of said Map to the TRUE POINT OF BEGINNING. LAND 8 yy`S 004, eye a o�j G7p w � tyo.l.7�B9B Z OF CA��� j d 13 S:\Projed$\2012112022\doc\Roadway Abandonmentdoc B. Location Maps of Subject Courtland . h `a Manklineld • 99 Herald , } 104 S F Galt Ryde Walnut Grope / Thornton as {x T Clements-,� Wt-allace r Flan C y SYa n Isla Po SUBJECT L-ockeford Wo bridge VictW' Lodi � 12 Terminous ouldin Island + don Airpa JJ k nice Islan ] ing Wan *! 28 it J in Linden August ebunfry lub 26 a an r cis t cktcn omm Holt R qatii Farmington 4 ckton Idbe n ropo an Frenc'h1C'arnp I I h r e AAF I Lathrop I Valley Home + Aan4eca Escalon I "ver 120 20 Banta Tracy Ripon ra River6ank Idber Salida 219 acy ni s 33 MW em Stan aas rw 32 M esty Data use subject to license. mi © Del-orme. Del-orme Street Atlas USA® 2012. 0 1 2 3 4 5 6 7 8 9 vwwv.delorme.com MN [13.9° E] Data Zoom 9-3 z LN Dougherty Urgon =14-1 Cherokee Woodlake A Guild Pope ❑, ST . . East Side Pearsc Ji Junction Kettleman Ampere Hawes Haight Data use subject to license. mi © DeLorme. DeLorme Street Atlas USA® 2012. 0 %a %z 3/ 1 vom.delorme.com MN [13.9° E] Data Zoom 12-4 i Hotel Hotel ft Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2012. 0 140 280 420 560 700 vwwv.delorme.com MN [13.9° E] Data Zoom 15-4 C. Site Plan EXHIBIT B D. Location Maps and Parcel Maps of Land Sales Md Acampo Mok mn er L•ockeford Woodbydge 12 LANG SALE FIVE .x LAND SALE FOUR x` Victor Lodi 12 SUBJECT MEM a LAND SALE ONE Fab ineyards ung on irpark y i d 88 LAND SALE TWO Cortopass O� Fowl w¢Y 28 P w August Country Club 25 i Garden Acres 4 5t C 'n d ancisco sm r cationlstoc �v LAND SALE THREE 4 Holt FPRM��G�o 4 n Joa kv Ca Slough stockt Metrop an Camp ♦French Middl 'ver mi Data use subject to license. © Del-orme. Del-orme Street Atlas USA® 2012. 0 1 2 3 4 vwwv.delorme.com MN [13.9° E] Data Zoom 10-3 Van B skirk Parr II • DIIAISY AVE LodifamJ }�, i2—N OLIVE CT pINE E LARENCE AVE zs-rsz ?4` E PINE ST La ence P rk ¢ � A VE LAND SALE FOUR U LAND SALE FME F N q Pixley Park p�I q2 �i•i xlv LIV t RtITLEM AN LN E ICET"ft EM_.AN LNJ �� II W ICEYTLEM AN LN�� I II I 2 M107are M.- Data use subject to license. ft © Del-orme. Del-orme Street Atlas USA® 2012. 0 400 800 1200 1600 2000 2400 vwwv.delorme.com MN [13.9° E] Data Zoom 13-6 W PINE ST m i2—N pINE ST E PINE ST ¢ dl N Ca F N � N N � N V N O N IM LAND SALE ONE a � SUBJECT W 112121 AVE Lodi N cresrNo-r sr z q — rn gyORA ST 12 URLA ST FLaFA 5T c r 99 cn � NNIE ST z O N �c E TO WAY ST i0 W SIIPR�UCEI ST E RED -010 ST HAA DL➢ 5T HAAST FfALE R❑ 51r F N q Pixley Park p�I q2 �i•i xlv LIV t RtITLEM AN LN E ICET"ft EM_.AN LNJ �� II W ICEYTLEM AN LN�� I II I 2 M107are M.- Data use subject to license. ft © Del-orme. Del-orme Street Atlas USA® 2012. 0 400 800 1200 1600 2000 2400 vwwv.delorme.com MN [13.9° E] Data Zoom 13-6 E-LODI TROTTING PARK -POR. HANSEN INDUSTRIAL PARK POR. SEC. 6 T.M. R.6E., M.0.8.&M. l 21 J 2i a wee a Sr. b 16 S7 a CIAK _ 25 15 $ 2s 25 14 2 „ WA[lVUI ST. �14 IT z -r�� VE ' ,"" �C4Pr_ _ Ar� x 2 n 8k. s j 047 A– P. M. Bk. 04 Pg, 058 8– P. M. Bk. 04 Pg. 190 C– P. M. 8k. 09 Pg. 114 0– R M. 9k. 24 Pg. 019 ASs SSM USE aNtr 043-23 1 i MQi 1 Bk. 049 E– R. M- Bk 02 Pg005 N01E' Asxsma Parcel MyIb&. Showy 0 Cfrcles, Assesser's 61-k Numbers 51 .' 0 FXPp PB usko rraa vu+. ! vex. f vex. [ CITY OF LOD( Assessor's Map Bk 043 Pg.23 County of Son Joaquin, Calif. R � m 2, � \ $k � f § ' POR. MOSS GARDEN WEST Ty6 MAP IS FOR ASSESSMENT USE ONLY 1 L+ —CJ 2 ! U�,J 37 mr E-I Y SjA �11GIiIF�` ,.. 62 x464,.p mx a o© O � 4f ^ •.79 "'L7 4 . � k 9e gs 4 a b R Lor Y 6 ®!6 x H � f7 � � exp x 15 uses a 36g��� roa" mm 49 Os. 48 !g It 42k yam Je iv®Y uw 79 S0� Q�g gg 2 5 7 5� 39 3l k7-W.— 3� s a ym mm mm �mu. mm l9 r,m 65 K � I 21 44� $ vm OB e am a.r F O 5 s4 O am �mm' i ss ss x B n im ma7J im ro am S CITY OF STOCKTON Assessor's Map 8k. 163 P9.82 County of Son Jooquin, Cafif. R. Y. 9k. 41 Pg. 041 NOrE, Assessor's 8lockJ Numbers Shovn :n Ellipses. 08-09 09 07 AYERS & PITCHERS ADDITION, MAP NO.I POR. MORAN HANDEL TR. I 10 I 74 iS +�— FIRST J STREET lit : AVENUE N 4 m 8k. R. M. Be. 07 P9 mg t%43 1% OS Ap, LU t P_ N. W 14 Pg. 122 o- P. M. Bk. I5 Pg. Oil a P. N. Bk. 2,3 Pg. 119 [- P. N. 9k. 24 Pg. 069 NOTE: Assessor's F—.1 Numbers 51— '. Circles. Assessors B -A Numbers S-1 m Eg;p—. THIS MAP !S FOR ASSESSMENT USE ONLY IM Y w ki s. r. cr. a✓irrr ws, ,<�% C17Y OF LODI Assessor's Map Bk.041 P9.16 County of San Joaquin, Calif. 3 4 LPOR. LODI (MOKELIUMNE--gk. THIS MMP Is FOR 043--02 D4 � ASSESSMENT USE ONLY �•�'�'� � �. �„ STREET O a e a 027 � k 4 Ofi O� N 2 ' mm m� mm mw r _ m © w sm 54 ELM A— R. 5 8k 92P9. 912 C— R- S W 31 Rg. 121 25 P9. 077 0— P. M. BV.. 72 Pg. 091 R. M. M 02 Pg. 012 STREET s CIN OF LODI Assessor's Map 8k.043 Pg.02 03 County of Sar+ Joaquin, Calif. xorr assessors aercel x,meen sra.n cncles_ assesew's Blxk Number Snoen M Ellipses. E. Appraiser's Qualifications SWANBERG & ASSOCIATES 15721 N. FREE ROAD LODI, CALIFORNIA 95242 (209) 333-1993 Fax: (209) 333-2426 Email: swan04@ymail.com NORMAN H. SWANBERG, MAI, SRPA QUALIFICATIONS California Certified General Real Estate Appraiser AGO02453 Expiration date 1/24/2012 APPRAISAL EXPERIENCE Independent Appraiser: 11-84 to present Assignments primarily narrative Appraisals of commercial property Assignments primarily in San Joaquin and Stanislaus Counties Assignments to $18,200,000 Qualified as an expert witness, and testified in San Joaquin County Superior Court American Savings and Loan Association (State Savings prior to merger) Commercial Appraisal Supervisor 4-84 to 10-84 Appraisal Procedures Coordinator 4-82 to 3-84 Commercial Appraiser 3-81 to 3-82 Appraisals and Field Reviews in eleven states Appraisal Assignments to $176,000,000 San Joaquin County Assessors Office Appraiser III Appraiser II Appraiser I 1976 to 1981 1973 to 1976 1972 to 1973 Appraisal assignments included residential, commercial, and industrial properties. Other assignments included sales and cash equivalency analysis and supervision of up to eight appraisers. PROFESSIONAL ASSOCIATIONS The American Institute of Real Estate Appraisers (AIREA) and the Society of Real Estate Appraisers (SREA) merged 1-1-91, and are now the Appraisal Institute. The MAI Designation was earned with the AIREA, and the SRPA Designation with the SREA. MAI Certificate No. 7513 Certified until 12-31-2010 Past member of AIREA Candidate Guidance Committee & Admissions Committees SREA Offices held: President, 1987-88, President Elect, Vice President, Chapter Director GENERAL EDUCATION California State University Hayward BS Business Administration 1968 California Military Academy Commissioned Second Lieutenant 1967 Merritt College, Oakland, California AA Social Science 1966 REAL ESTATE APPRAISAL COURSES Appraisal Institute (formerly SREA and AIREA) Highest & Best Use, & Market Analysis Standards of Professional Practice Litigation Valuation (Examination not taken) The Electronic Spreadsheet in the Appraisal Office, Part I and II Valuation Analysis and Report Writing Case Studies Capitalization Theory and Techniques III Capitalization Theory and Techniques II Cap. I (Challenged) Applied Income Property Valuation Principles of Income Property Appraising Report Writing Seminar — R2 Exam Introduction to Appraising Real Property Plus numerous seminars on Appraisal topics F. Appraiser's License ¢ of Business, Transportation & Housing Agency V IN OFFICE OF REAL ESTATE APPRAISERS REAL ESTATE APPRAISER LICENSE NORMAN H. SWANBERG has successfully met the requirements for a license as a general real estate appraiser in the State of California and is, therefore, entitled to use the title "Certified General Real Estate Appraiser". This license has been issued in accordance with the provisions of the Real Estate Appraisers' Licensing and Certification Law. OREA APPRAISER IDENTIFICATION NUMBER AG402453 This is a true and correct copy Date Issued: January 25, 2012 Of the original certificate Date Expires: January 24, 2014 Norman H. Swanberg AGO02453 October 3, 2011 Audit N.136512 &&a Director, OREA RESOLUTION NO. 2013-33 A RESOLUTION OF THE LODI CITY COUNCIL VACATING THE 200 BLOCK OF WEST WALNUT STREET BETWEEN CHURCH STREET AND PLEASANT AVENUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REQUIRED TO IMPLEMENT THE ABANDONMENT WHEREAS, this City Council, acting in accordance with provisions of Part III of Division 9 of the Streets and Highways Code of this State, did on the 6t" day of February, 2013, pass and adopt Resolution of Intention No. 2013-10 therein declaring the intention of said City Council to vacate and abandon the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, reserving, however, and accepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over, and across said vacated public street rights of way and more particularly described as follows, to wit: Beginning at the southwest corner of Lot 8, Block 5 as shown on "City of Lodi", formerly "Mokelumne", as filed in Book 2 of Maps and Plats, page 12, San Joaquin County Records; thence southerly to the northwest corner of Lot 1, Block 6 as shown on said Map; thence easterly along the northerly line of said Block 6 to the northeast corner of Lot 4, Block 6 of said Map; thence northerly to the southeast corner of Lot 5, Block 5 of said Map; thence westerly along the southerly line of Block 5 of said Map to the True Point of Beginning. WHEREAS, said notice of said intended vacation was regularly given by publication and by posting, both in time, form, and manner as required by law as is evidence by affidavits on file and on record in the office of the City Clerk of the City of Lodi; and WHEREAS, in accordance with the provisions stated herein and also contained in the posted notices of the adoption of said resolution, notice was given that a public hearing would be held before the City Council in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, beginning at 7:00 p.m., on Wednesday, March 6, 2013, where and when any person interested in or objecting to said vacation could appear and be heard in relation thereto; and WHEREAS, at that time and place, a public hearing was held and conducted and testimony received for and against the vacation contemplated; and WHEREAS, at the March 6, 2013, City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, will be unnecessary for present or future public use and did so find and declare; and WHEREAS, the Planning Commission did find that the subject vacation was consistent with the General Plan of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that pursuant to the findings and under the authority of Section 8323 of the Streets and Highways Code of the State of California, that the vacation of the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, shall be abandoned upon completion and acceptance by the City of the following requirements and conditions of approval: 1. Prepare improvement plans showing intersections at Church and Walnut Streets and at Pleasant Avenue and Walnut Street as per approved traffic analysis "Revised Site Plan" dated December 4, 2012, including improvements necessary to traffic light located at Church and Walnut Streets. 2. Prepare public improvement plans for alley north of Walnut Street between Church Street and Pleasant Avenue. 3. Abandon three public street lights located within the proposed abandonment, as per request by Lodi Electric Utility Department. 4. Add Knox box to all buildings, as per request by Lodi Fire Department. 5. Paint curbs for fire lane/no parking on Pleasant Avenue for apparatus access to alleys and other areas, as per Lodi Fire Department. 6. Initial and annual operation permits required, as per Lodi Fire Department. 7. St. Anne's employees shall not use Walnut Street or Pleasant Avenue to park their vehicles for extended periods of time, as per Planning Commission Resolution No. P.C. 12-26. 8. That the City Council hereby authorizes the City Manager to execute agreements to implement this abandonment. 9. Reserving, and excepting from the vacation, pedestrian access between Pleasant Avenue and Church Streets, as per Planning Commission Resolution No. P.C. 12-26. 10. Reserving, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over and across the entire right of way, and no buildings or structures shall be constructed nor shall anything be planted within the easement which would interfere with the use or operation of public utilities in the easement. 11. Enter into a purchase and sale agreement in a form satisfactory to the City Attorney to purchase the vacated property upon the Recording of the Resolution to Vacate referenced in paragraph 12 below at its appraised price. The appraisal was commissioned by City staff and performed by a state -certified appraiser. 12. The City Council approval of this Resolution will become null and void if all requirements and conditions of approval are not met. 13. Filing of this Resolution to Vacate in the office of the County Recorder will not take place until all requirements and conditions of approval are met. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is authorized to enter into a purchase and sale agreement consistent with Condition 11 above for the vacated property. Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation. Dated: March 6, 2013 I hereby certify that Resolution No. 2013-33 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None RANDI JOHL City Clerk 2013-33 The City of Lodi Public Works Lppi Walnut Street Vacation (Pleasant Avenue —Church Street) Public Hearing March 6, 2013 Overview • Background • Project Description • Project Impacts • Action • Questions Overview c Project Limits Map ' 1 b r VitIL AN Legend 0, mom ff ' m ' ..� r s e ---Map scale Background Timeline —8/21/12 Petition to Vacate Filed —12/1/12 Notice for Planning Commission Hearing Posted —12/12/12 Planning Commission Action —2/6/13 Set Public Hearing —2/9/13 Legal Ad in LNS —2/23/13 Legal Ad in LNS —2/11/13 Posted Notifications —3/6/13 Public Hearing Background Project Description Background .�w !fir �; ! � kFi•'_ � � ... • Examples of Plaza_ Settings T. •T::, 1'��f ���'. � - - - ;.ems •- _ , Project Impacts •Parking • Traffic Circulation • Public Access • Costs Project Impacts • Public Access — Condition of Approval — Except During Special Events • Cost — Appraised Value • $45,000 Action • Approve requested vacation with conditions and authorize City Manager to execute required agreements • Deny requested vacation Questions ,;�q3, ff("sCG."a"r7 pAIV WE SUPPORT ST. ANNE'S PLAZA PARK RECEIVED LODI CITY COUNCIL City Clerk's Office 221 W. Pine Street Lodi, CA 95240 CITY CLERK We (1), the undersigned, wish to inform the Lodi City Council, that we support the development & establishment of a Park on Walnut Street between Church Street & Pleasant Street. We believe it will add to the environmental beauty of our City — Thank /you. Name: 1-nO Address: 0143 h Lodi, CA Zip Code: Z_( d Annette Robinson PO Box 1146 Walnut Grove, CA 95690 March 5, 2013 Lodi City Council c/o City Clerk's Office City of Lodi 221 W. Pine Street Lodi, CA 95240 RE: St. Anne's Street Closure Project Dear Mayor Nakanishi and Council Members: It is my pleasure to write a letter in support of the proposal of the St. Anne's Street Closure Project. As a parent of a St. Anne's student, it is my feeling that the street closure will increase the safety and security of our children and faculty. The closure will provide much needed space for walking paths that the students will use daily to and from church, safer vehicle access for drop-off and pick-up of students, and create a landscaped park -like setting that will beautify this area of downtown Lodi. It is my opinion that the impact on public parking and traffic flow will be minimal. I fully support the efforts of St. Anne's as they seek approval for this project. Safety of my child is obviously my highest priority. Every morning it is very stressful to see distracted drivers pay no attention to crossing guards and crosswalk laws. If for no other reason, closing Walnut Street will minimize the odds of having one of our St Anne's students struck by a careless driver. That would be an unnecessary tragedy that could have been prevented. Thank you in advance for your support. Sincerely, Annette Robinson St. Anne's Parent Z Jennifer Robison C - From: Randi Johl Sent: Tuesday, March 05, 2013 08:56 AM To: 'Leo Warmerdam' Cc: City Council; Rad Bartlam; Steve Schwabauer; Jennifer Robison Subject: RE: Street closure by St. Anne's Church and School. Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi Legislative Director, California 221 West Pine Street Lodi, California 95240 (209) 333-6702 Telephone (209) 333-6807 Facsimile City Clerks Association -----Original Message ----- From: Leo Warmerdam[mailto:lightningleo55@hotmail.com] Sent: Tuesday, March 05, 2013 07:36 AM To: cityclerk@lodi.gov;anakanishi@lodi.gov;bjohnson@lodi.gov;jmounce@lodi.gov;pkatzakian@lodi. gov;lhansen@lodi.gov Subject: Street closure by St. Anne's Church and School. Dear City Council men and women, I would like to voice my support for the proposal to close Walnut Street between St. Anne's Church and School. In addition to contributing to the overall beauty and appeal to downtown and inner Lodi, I believe this project will also help avoid possible accidents between motorists and the many, many school students who cross this street everyday. Some of these students are very young and their parents do not always accompany them. I have witnessed several incidents where an accident of this nature nearly occurred. Reverend Brandon Ware of St. Anne's Church has a terrific plan in place for this area and I ask that you will offer him your complete support. Thank you for your time, and for your concern for the betterment of our community. Best regards, Leo A. Warmerdam Sent from my iPhone 1 From: Randi Johl Sent: Monday, March 04, 2013 05:00 PM To: 'mandmborges@comcast.net' Cc: City Council; Rad Bartlam; Steve Schwabauer Subject: RE: St. Anne's Street Closure Project Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi JAI, JD, MMC City Clerk, City of Lodi Legislative Director, California City Clerks Association 221 West Pine Street Lodi, California 95240 (209) 333-6702 Telephone (209) 333-6807 'aesimile From: mandmborges@comcast.net [mailto:mandmborges@comcast.net] Sent: Monday, March 04, 2013 03:53 PM To: Randi Johl; Alan Nakanishi; Bob Johnson; JoAnne Mounce; Phil Katzakian; Larry Hansen Subject: St. Anne's Street Closure Project Dear Sirs and Madam: I would like to relay to you that I support the St. Anne's Street Closure Project. I am a parent at St. Anne's School and have been for the last eighteen years. Yes, eighteen years: Our oldest child graduated and the next year our youngest started kindergarten. I have also been a staff member at St. Anne's for ten years. I have enjoyed every year but I do feel it would be beneficial to have this project completed. It would provide a safer more controlled environment for our students and the staff. I would like to thank you all for your service and I hope that you will approve the project. Sincerely, Michele Borges 2124 Jackson St. Lodi, CA 95242 RECEIVED =� �l 20 r 3 6 2013 CITY CLERK ? /n� _ �n _,, /✓/J /J/j� /J� to zaa�a�,i �no�Z H.t �- P.;,R�.�.G' Rob low JJA 1) t2 tmum�aua� -- 2 — �ed P +gauu. -I��p aAI2,, WE SUPPORT ST. ANNE'S PLAZA PARK February 20,2013 LODI CITY COUNCIL City Clerk's Office 221 W. Pine Street Lodi, CA 95240 ' KfCE1VED t CITY CLERK We, Bonifacio and Lourdes Sanchez, wish to inform the Lodi City Council, that we support the development & establishment of a Park setting on Walnut Street between Church Street & Pleasant Street. We have lived in Lodi since 1996 and we believe it will add to the environmental beauty of our City. Thank you for y ur cooperation, Bonifacio Sanchez j(cj"d, J'C� Lourdes Sanchez Address: 805 S. Church St Lodi, CA 95240 G, Z RECEIVED MAR -1 2013 CITY tLERK I SUPPORT ST. ANNE'S PLAZA PARK LODI CITY COUNCIL City Clerk's Office 221 W. Pine Street Lodi, CA 95240 I, the undersigned, wish to inform the Lodi City Council, that I support the development & establishment of a Park on Walnut Street between Church Street & Pleasant Street. We believe it will add to the environmental beauty of our City — Thank you. Name: Debbie Uhlich Address: 112 N. Avena Avenue Lodi, CA Zip Code: 95240 �yOF� Oq</F'OF'•�`P SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING RE: INTENTION TO VACATE PORTION OF WALNUT STREET FROM CHURCH TO PLEASANT SATURDAY, FEBRUARY 9, 2013 SATURDAY, FEBRUARY 23, 2013 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY 7, 2013 ORDERED BY: RANDI JOHL CITY CLERK J IFER M. OBISON,/CMC MARIA BECERRA A SISTANT CITY CLERK ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File fortnAadvins.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE AND TO SET A PUBLIC HEARING SO ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT CAN BE HEARD WHEREAS, St. Anne's Catholic Church, the owner of all property on both sides of the 200 block of West Walnut Street (the "Property") have requested the vacation of the street right-of-way, and more particularly delineated on the map, which can be viewed in the City Clerk's Office; and WHEREAS, pursuant to the requirements of Government Code §27288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Pastor of St. Anne's Church Corp. WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such street right-of-way; and WHEREAS, a public hearing has been held by the Planning Commission on December 12, 2012, to determine General Plan conformity; and WHEREAS, the Planning Commission found the intent to vacate the proposed street right-of- way conforming to the General Plan as conditioned in Planning Commission Resolution 12-22. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That this City Council does hereby fix Wednesday, March 6, 2013, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum 305 West Pine Street Lodi California, as the time and place when and where all persons interested in or objecting to this proposed abandonment may appear before this City Council and be heard; and 2. That the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and 3. That copies of this resolution shall be published for at least two successive weeks prior to March 6, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: February 6, 2013 I hereby certify that Resolution No. 2013-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None RANDI JOHL City Clerk 2013-10 DECLARATION OF POSTING PUBLIC HEARING RE: INTENTION TO VACATE PORTION OF WALNUT STREET FROM CHURCH TO PLEASANT On Monday, February 11, 2013, in the City of Lodi, San Joaquin County, California, a Public Hearing re: intention to vacate portion of Walnut Street from Church to Pleasant (attached and marked as Exhibit A), was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on February 11, 2013, at Lodi, California. QL,�6� a64--V� JE60FER WROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOST.DOC RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE AND TO SET A PUBLIC HEARING SO ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT CAN BE HEARD WHEREAS, St. Anne's Catholic Church, the owner of all property on both sides of the 200 block of West Walnut Street (the "Property") have requested the vacation of the street right-of-way, and more particularly delineated on the attached map marked Exhibit A; and WHEREAS, pursuant to the requirements of Government Code §27288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Pastor of St. Anne's Church Corp. WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such street right-of-way; and WHEREAS, a public hearing has been held by the Planning Commission on December 12, 2012, to determine General Plan conformity; and WHEREAS, the Planning Commission found the intent to vacate the proposed street right-of- way conforming to the General Plan as conditioned in Planning Commission Resolution 12-22. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That this City Council does hereby fix Wednesday March 6, 2013, at the hour of 7.00 p.m., in the City Council Chambers Carnegie Forum 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed abandonment may appear before this City Council and be heard; and 2. That the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and 3. That copies of this resolution shall be published for at least two successive weeks prior to March 6, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: February 6, 2013 I hereby certify that Resolution No 2013-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None &JOHL City Clerk 2013-10 1-4 Y 3 7J t y '_ � y. fes. ✓ ... , ��/FORS�y OFA OQ � � U DECLARATION OF MAILING C� � �P PUBLIC HEARING RE: INTENTION TO VACATE PORTION OF WALNUT STREET FROM CHURCH TO PLEASANT On February 11, 2013, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing Public Hearing re: intention to vacate portion of Walnut Street from Church to Pleasant, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 11, 2013, at Lodi, California. JgNIFER M. 00131SON, CMC ASSISTANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK CITY COUNCIL ALAN NAKANISHI, Mayor PHIL KATZAKIAN, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerka-lodi.gov February 11, 2013 KONRADT BARTLAM City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE This is to inform you that the City Council, at its regular meeting on February 6, 2013, adopted a Resolution of Intention to vacate a portion of Walnut Street from Church Street to Pleasant Avenue and set a public hearing for March 6, 2013. Enclosed for your information is a copy of the resolution along with a map of the area to be abandoned. In addition, this matter was heard by the Planning Commission on December 12, 2012. Please contact the Community Development Department at (209) 333-6711 if you have any questions. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. 4Ra761 City Clerk RJ/jmr Enclosure cc: Public Works Director Community Development Director vacation/corresp/IResIntention.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE AND TO SET A PUBLIC HEARING SO ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT CAN BE HEARD WHEREAS, St. Anne's Catholic Church, the owner of all property on both sides of the 200 block of West Walnut Street (the "Property") have requested the vacation of the street right-of-way, and more particularly delineated on the attached map marked Exhibit A; and WHEREAS, pursuant to the requirements of Government Code §27288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Pastor of St. Anne's Church Corp. WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such street right-of-way; and WHEREAS, a public hearing has been held by the Planning Commission on December 12, 2012, to determine General Plan conformity; and WHEREAS, the Planning Commission found the intent to vacate the proposed street right-of- way conforming to the General Plan as conditioned in Planning Commission Resolution 12-22. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That this City Council does hereby fix Wednesday, March 6, 2013, at the hour of 7.00 p.m., in the City Council Chambers Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed abandonment may appear before this City Council and be heard; and 2. That the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and 3. That copies of this resolution shall be published for at least two successive weeks prior to March 6, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: February 6, 2013 I hereby certify that Resolution No. 2013-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None &JOHL. City Clerk 2013-10 E X HE EB VACATION / ABANDONMENT I MAILING LIST RESOLUTION OF INTENTION (Setting Public Hearing) Certified copy w/cover letter to: PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6505 Tam O Shanter Drive Stockton, CA 95210 Certified copies to: Denise Wiman, Public Works Community Development Department Police Department AT&T California Fire Department Attn: Engineering/Public Works Dept. 2300 E. Eight Mile Road Stockton, CA 95210 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 RESOLUTION OF VACATION (After Public Hearing) Certified copy w/cover letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Denise Wiman, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/misc/mailist.doc Walnut Street Vacation Public Hearing Mailing list APN OWNER ADDRESS CITY STATE ZIP 3729014 SAN JOAQUIN, COUNTY OF COURTHOUSE STOCKTO CA 95202 3729015 JOHNSON, JEFF 306 W OAK ST LODI CA 95240 3729016 ULRICKSEN, KARA L 310 W OAK ST LODI CA 95240 3729017 WATSON, VALENTINA ETAL 713 OAKMONT CT LODI CA 95242 3729018 GRAHAM, DOYLE M 316 W OAK ST LODI CA 95240 3729028 HENDEY, EDWIN V & JUDITH 305 W WALNUT AVE LODI CA 95240 3729031 IZANONI, MARY MONDAVI TR 5295 E ARMSTRONG RD LODI CA 95240 3729032 UHLICH, ERVIN H & ARLUE M TR 317 W WALNUT ST LODI CA 95240 3729033 ELLSBURY, BONNIE TR 118 S LEE AVE LODI CA 95240 3729034 WALL, JULIE ANN TR 122 S LEE AVE LODI CA 95240 3729035 LAROCCA, ROBERT 321 N WALNUT ST LODI CA 95240 3729036 ALLEN, MARILEE E 401 W WALNUT ST LODI CA 95240 3729037 KNITTEL, CLAYTON R TR 1707 W ELM ST LODI CA 95242 3729038 JOHNSON, WILLIAM F TR 907 TARA PL LODI CA 95240 3729042 GLENN, JERRY L & SUSAN Y ETAL 2443 MACARTHUR PKWY LODI CA 95242 3729043 CHIURAZZI, RICHARD 5063 OAK MELLO CT ELK GRON CA 95758 3729044 SIMMONS, SHARON 106 S SUNSET LODI CA 95240 3729045 BEACH, LAURIE A 301 W WALNUT ST LODI CA 95240 3729046 PECK, DENNIS & JULIE 309 W WALNUT ST LODI CA 95240 3729047 PECK, DENNIS & JULIE 309 W WALNUT ST LODI CA 95240 3730002 SANGUINETTI, STEPHEN M & ELLIC 518 STURLA ST LODI CA 95240 3730003 BRAND, MARK DOUGLAS ETAL 21815 NE 104TH PL REDMON WA 98053 3730004 TROXEL, JAMES & JEWELL TR 10 CHRISDUMAR LN PETALUM CA 94952 3730005 ANDERSON, RAYMOND F & K J 402 W WALNUT ST LODI CA 95240 3730006 ROTHENBERGER, KARL 211 S LEE AVE LODI CA 95240 3730007 VI EL, ROBERT A PO BOX 622 RIO VISTP CA 94571 3730008 MEISSNER, MARK G & KRISTINE N 316 W WALNUT ST LODI CA 95240 3730009 PHILLIPS, DANIEL A& JUDY K TR 312 W WALNUT ST LODI CA 95240 3730010 MCCONAHEY, PAUL L III & ROBERT PO BOX 93 ACAMPO CA 95220 3730011 MANLEY, PATRICK J M & EVELYN D PO BOX 2584 STE 2100 LODI CA 95241 3730012 MCCARTY, MATHEW L & GRETA L TR 417 RIVER MEADOWS DR WOODBR CA 95258 3730013 COMBS, ROBERT F & JEAN M TR 600 W PINE ST LODI CA 95240 3730014 HERMOSILLO, TONY & CHRISTIA M 4554 HILDRETH LN STOCKTO CA 95212 3730015 HERRMAN, GERALD LEROY TR PO BOX 203 HAYWARI CA 94543 Walnut Street Vacation Public Hearing Mailing list 3730016 WEYAND, MICHAEL & J M 229 S PLEASANT AVE LODI CA 95240 BECHILL, ROBERT DAVID & 3730017 PAMELA 233 PLEASANT AVE LODI CA 95240 DONNELLY, KEVIN DENNIS & 3730018 CATHY 500 160 AVE NE UNIT 2213 BELLEVUE WA 98004 3730019 SUHAIMI, SUNYO L TR ETAL 631 DROMANA CT SAN RAM CA 94582 3730020 OSMAN, KHADEJI 5748 DALE RD MODESTC CA 95356 3730025 RATHJEN, BENJAMIN & P N 236 S LEE LODI CA 95240 3730026 MARLESE, JAN ETAL 232 S LEE AVE LODI CA 95240 POWELL, ROBERT M & 3730027 ROBIN E 230 S LEE AVE LODI CA 95240 SCHOCK, HOWARD & PATTY 3730028 K TR 224 S LEE AVE LODI CA 95240 3730029 PERICAO, JOSEPH M ETAL 219 N MAIN ST LODI CA 95240 3730030 HERSKOVIC, PHIL TR ETAL 12 S ROSE ST LODI CA 95240 DE LA CRUZ, SERGIO A 3730058 ETAL 317 W LODI AVE LODI CA 95240 FINANCIAL ENTERPRISES 3730059 LP PO BOX 306 ACAMPO CA 95220 REED, CHAD C & SHELBY K 3730060 TR 2351 W MARCH LN #A STOCKTO CA 95207 3730061 TAVES, MELVIN S 16 S CRESCENT AVE LODI CA 95240 POLANSKY, GERALD W & 4304101 CAROL Z T 2418 FARNSWORTH DR LIVERMOf CA 94551 PASTOR ST ANNE CHURCH 4304102 CORP 215 W WALNUT ST LODI CA 95240 PASTOR ST ANNE CHURCH 4304103 CORP 215 W WALNUT ST LODI CA 95240 1ST METHODIST CHURCH 4304104 OF LODI 200 W OAK ST LODI CA 95240 1ST METHODIST CHURCH 4304105 OF LODI 200 W OAK ST LODI CA 95240 PASTOR ST ANNE CHURCH 4304106 CORP 215 W WALNUT ST LODI CA 95240 PASTOR ST ANNE CHURCH 4304107 CORP 215 W WALNUT ST LODI CA 95240 PASTOR OF ST ANNE 4304108 CHURCH 215 W WALNUT ST LODI CA 95240 4304204 BANK OF THE WEST 1450 TREAT BLVD WALNUT CA 94597 4304205 J & B RENTALS LLC PO BOX 707 LODI CA 95241 4304206 STEPHENS, DALE ALAN 224 S PLEASANT AVE LODI CA 95240 PASTOR OF ST ANNE 4304210 CHURCH 215 W WALNUT ST LODI CA 95240 PASTOR ST ANNE CHURCH 4304211 CORP 215 W WALNUT ST LODI CA 95240 PASTOR ST ANNE CHURCH 4304213 CORP 215 W WALNUT ST LODI CA 95240 Walnut Street Vacation Public Hearing Mailing list 4304214 PASTOR ST ANNE CHURCH CORP 215 W WALNUT ST LODI CA 95240 4304215 STEPHENS, ROGER E & JULIE 342 TARAN SAY CT STOCKY CA 95210 4304301 BAFFONI, IVERN V TR ETAL 540 KENSINGTON WAY LODI CA 95242 4304302 HOHN PROPERTIES 110 LLC 5420 T STREET SACRAM CA 95819 4304303 KIRSTEN, DAVID A& PATRICIA M PO BOX 2607 LODI CA 95241 4304304 LODI, CITY OF 0 4304305 BIDDLE, PHILLIP E & BONNIE G T 309 MOKELUMNE RIVER DR LODI CA 95240 4304307 GLICK, SUZANNE GUSLANI ETAL 165 W CLEVELAND ST #2 STOCKY CA 95204 4304310 MORRIS BROWN REALTY PTP 2929 SW VESTA ST PORTLAN OR 97219 4304312 FLUETSCH, MICHAEL & KRISTINA T 2024 EDGEWOOD DR LODI CA 95242 4304313 LODI, CITY OF 0 4304314 LODI, CITY OF 0 4304315 LODI, CITY OF 0 4304316 DOWNTOWN PARTNERS LLC 4350 E CAMELBACK RD STE E-250 PHOENIX AZ 85018 4304317 PHILLIPS, DANIEL A & JUDY K TR 312 W WALNUT ST LODI CA 95240 4304401 LODI NATIONAL BANK PO BOX 1110 STOCKTO CA 95201 4304410 MARINI, RICHARD A JR & SHARON 840 TILDEN DR LODI CA 95242 4304411 LODI, CITY OF 0 4304413 BANK OF STOCKTON PO BOX 1110 STOCKTO CA 95201 4304414 SCHOOL STREET PROPERTIES LLC 203 S SCHOOL ST LODI CA 95240 4305001 PIHL, TERESA LEE ETAL 232 S PLEASANT AVE LODI CA 95240 4305002 HIRAMOTO, DAVID TR ETAL 2067 KENT DR LOS ALTC CA 94024 4305003 HIRAMOTO, DAVID TR ETAL 2067 KENT DR LOS ALTC CA 94024 4305004 LOW, ROBERT M TR ETAL 215 C WEST LODI AVE LODI CA 95240 4305005 MEISSNER, ROSA TR ETAL 2387 FUNSTON AVE SAN FRAIS CA 94116 4305006 MEISSNER, ROSA TR ETAL 2387 FUNSTON AVE SAN FRA CA 94116 4305008 FARMERS & MERCHANTS BANK, LODI PO BOX 3000 LODI CA 95241 4305015 MCCAULEY, MARJORIE L TR 1118 TENEIGHTH WAY SACRAM CA 95818 4305016 MCCAULEY, MARJORIE L TR 1118 TENEIGHTH WAY SACRAM CA 95818 4305017 INGRUM, DANIEL B & CAROL L TR220 S SCHOOL ST LODI CA 95240 4305018 PRESSER, JAN 1415 MIDVALE RD ILODI ICA 95240 Walnut Street Vacation Public Hearing Mailing list DOWNTOWN PARTNERS 4350 E CAMELBACK RD STE 4326001 LLC E-250 PHOENIX AZ 85018 DOWNTOWN PARTNERS 4350 E CAMELBACK RD STE 4326002 LLC E-250 PHOENIX AZ 85018 DOWNTOWN PARTNERS 4350 E CAMELBACK RD STE 4326003 LLC E-250 PHOENIX AZ 85018 DOWNTOWN LODI 4326004 PARTNERS LLC 7663 E VIA DE VENTURA SCOTTSD AZ 85258 ROSA, RANDALL W & 4326005 CHRISTIE C 115 S SCHOOL ST #6 LODI CA 95240 KIRSTEN, DAVID A& 4326006 PATRICIA M PO BOX 2607 LODI CA 95241 WORFOLK, DAVID E & BETH 4326007 A TR E 16178 N LOCUST TREE RD LODI CA 95240 4326008 SPARK PROPERTIES ETAL 1115 S SCHOOL ST STE G LODI ]CA 95240 Mr - F y� �Oo51 MEMORANDUM c°< ®R Offike of oi TO: Public Works Director FROM: Randi Johl City Cler 0 DATE: February 11, 2013 SUBJECT: RESOLUTION OF INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE Please be advised that the City Council, at its meeting of February 6, 2013, adopted the attached resolution declaring its intention to vacate a portion of Walnut Street from Church Street to Pleasant Avenue and set the matter for public hearing on March 6, 2013. Pursuant to law, the Public Works Department is required to post at least three copies of the subject resolution and map in the area to be abandoned at least 15 days prior to the Public Hearing. Upon completion of the posting, please forward a copy of the Affidavit of Posting to me for our records. Please contact me should you have any questions. RJ/jmr Attachment vacation/corresp/mposting.doc DECLARATION OF POSTING On February 12, 2013, in the City of Lodi, San Joaquin County, California, I, Denise Wiman, of the City of Lodi, served the attached notice by posting copies upon the premises in the 200 Block of West Walnut Street, Lodi, CA. as shown on Exhibit A attached and described in Resolution No 2013-10 Lodi, California, as prescribed in Section 8323 of the Streets and Highways Code. I declare under penalty of perjury that the foregoing is true and correct. Executed on :'!` (�� j, ; ,%1(1l J , at Lodi, California J Signature EXHIBIT A DECLARATION OF POSTING 200 BLOCK OF WEST WALNUT STREET 80 FOOT RIGHT-OF-WAY PLEASANT STREET TO CHURCH STREET FEBRUARY 12, 2013 ABANDONMENT BOUNDARIES POST LOCATION 1 inch = 90 feet Path: K:\DEV_SERV\GIS\Walnut st abandon\Vacation posting.m; NOTICE OF VACATION PUBLIC HEARING CARNEGIE FORUM 305 WEST PINE ST LODI, CA 7:00 PM MARCH 6, 2013 CITY COUNCIL ALAN NAKANISHI, Mayor PHIL KATZAKIAN, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk(d,)lodi.gov February 11, 2013 1 "\d-. -\ KONRADT BARTLAM City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE This is to inform you that the City Council, at its regular meeting on February 6, 2013, adopted a Resolution of Intention to vacate a portion of Walnut Street from Church Street to Pleasant Avenue and set a public hearing for March 6, 2013. Enclosed for your information is a copy of the resolution along with a map of the area to be abandoned. In addition, this matter was heard by the Planning Commission on December 12, 2012. Please contact the Community Development Department at (209) 333-6711 if you have any questions. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. Rands o I City Clerk RJ/jmr Enclosure cc: Public Works Director Community Development Director vacation/corresp/IResintention. doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE A PORTION OF WALNUT STREET FROM CHURCH STREET TO PLEASANT AVENUE AND TO SET A PUBLIC HEARING SO ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT CAN BE HEARD WHEREAS, St. Anne's Catholic Church, the owner of all property on both sides of the 200 block of West Walnut Street (the "Property") have requested the vacation of the street right-of-way, and more particularly delineated on the attached map marked Exhibit A; and WHEREAS, pursuant to the requirements of Government Code §27288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Pastor of St. Anne's Church Corp. WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such street right-of-way; and WHEREAS, a public hearing has been held by the Planning Commission on December 12, 2012, to determine General Plan conformity; and WHEREAS, the Planning Commission found the intent to vacate the proposed street right-of- way conforming to the General Plan as conditioned in Planning Commission Resolution 12-22. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That this City Council does hereby fix Wednesday, March 6, 2013, at the hour of 7.00 p.m., in the City Council Chambers Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed abandonment may appear before this City Council and be heard; and 2. That the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and 3. That copies of this resolution shall be published for at least two successive weeks prior to March 6, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: February 6, 2013 I hereby certify that Resolution No. 2013-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS —None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None &JOHL City Clerk 2013-10 �y OF GO DECLARATION OF MAILING/FOR LETTER AND RESOLUTION VACATING THE 200 BLOCK OF WEST WALNUT STREET BETWEEN CHURCH STREET AND PLEASANT AVENUE On March 13, 2013, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing letter and resolution vacating the 200 Block of West Walnut Street between Church Street and Pleasant Avenue, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 13, 2013, at Lodi, California. }} 1� J IFER M. OBISON, CMC ASSISTANT CITY CLERK Forms/decmail.doc RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK CITY COUNCIL ALAN NAKANISHI, Mayor PHIL KATZAKIAN, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov citvclerk(cDlodi.gov March 13, 2013 KONRADT BARTLAM City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO VACATE THE 200 BLOCK OF WEST WALNUT STREET BETWEEN CHURCH STREET AND PLEASANT AVENUE This is to inform you that the City Council, at its regular meeting on March 6, 2013, considered the above matter and declared the area vacated and abandoned. Enclosed for your information is a certified copy of the resolution along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. ndi Jo ...City Clerk RJ/jmr Enclosure cc: Public Works Department vacation/corresp/IResVacation. doc RESOLUTION NO. 2013-33 A RESOLUTION OF THE LODI CITY COUNCIL VACATING THE 200 BLOCK OF WEST WALNUT STREET BETWEEN CHURCH STREET AND PLEASANT AVENUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REQUIRED TO IMPLEMENT THE ABANDONMENT WHEREAS, this City Council, acting in accordance with provisions of Part III of Division 9 of the Streets and Highways Code of this State, did on the 6th day of February, 2013, pass and adopt Resolution of Intention No. 2013-10 therein declaring the intention of said City Council to vacate and abandon the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, reserving, however, and accepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over, and across said vacated public street rights of way and more particularly described as follows, to wit: Beginning at the southwest corner of Lot 8, Block 5 as shown on "City of Lodi", formerly "Mokelumne", as filed in Book 2 of Maps and Plats, page 12, San Joaquin County Records; thence southerly to the northwest corner of Lot 1, Block 6 as shown on said Map; thence easterly along the northerly line of said Block 6 to the northeast corner of Lot 4, Block 6 of said Map; thence northerly to the southeast corner of Lot 5, Block 5 of said Map; thence westerly along the southerly line of Block 5 of said Map to the True Point of Beginning. WHEREAS, said notice of said intended vacation was regularly given by publication and by posting, both in time, form, and manner as required by law as is evidence by affidavits on file and on record in the office of the City Clerk of the City of Lodi; and WHEREAS, in accordance with the provisions stated herein and also contained in the posted notices of the adoption of said resolution, notice was given that a public hearing would be held before the City Council in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, beginning at 7:00 p.m., on Wednesday, March 6, 2013, where and when any person interested in or objecting to said vacation could appear and be heard in relation thereto; and WHEREAS, at that time and place, a public hearing was held and conducted and testimony received for and against the vacation contemplated; and WHEREAS, at the March 6, 2013, City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, will be unnecessary for present or future public use and did so find and declare; and WHEREAS, the Planning Commission did find that the subject vacation was consistent with the General Plan of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that pursuant to the findings and under the authority of Section 8323 of the Streets and Highways Code of the State of California, that the vacation of the 200 block of West Walnut Street between Church Street and Pleasant Avenue, Lodi, California, County of San Joaquin, State of California, shall be abandoned upon completion and acceptance by the City of the following requirements and conditions of approval: 1. Prepare improvement plans showing intersections at Church and Walnut Streets and at Pleasant Avenue and Walnut Street as per approved traffic analysis "Revised Site Plan" dated December 4, 2012, including improvements necessary to traffic light located at Church and Walnut Streets. 2. Prepare public improvement plans for alley north of Walnut Street between Church Street and Pleasant Avenue. 3. Abandon three public street lights located within the proposed abandonment, as per request by Lodi Electric Utility Department. 4. Add Knox box to all buildings, as per request by Lodi Fire Department. 5. Paint curbs for fire lane/no parking on Pleasant Avenue for apparatus access to alleys and other areas, as per Lodi Fire Department. 6. Initial and annual operation permits required, as per Lodi Fire Department. 7. St. Anne's employees shall not use Walnut Street or Pleasant Avenue to park their vehicles for extended periods of time, as per Planning Commission Resolution No. P.C. 12-26. 8. That the City Council hereby authorizes the City Manager to execute agreements to implement this abandonment. 9. Reserving, and excepting from the vacation, pedestrian access between Pleasant Avenue and Church Streets, as per Planning Commission Resolution No. P.C. 12-26. 10. Reserving, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over and across the entire right of way, and no buildings or structures shall be constructed nor shall anything be planted within the easement which would interfere with the use or operation of public utilities in the easement. 11. Enter into a purchase and sale agreement in a form satisfactory to the City Attorney to purchase the vacated property upon the Recording of the Resolution to Vacate referenced in paragraph 12 below at its appraised price. The appraisal was commissioned by City staff and performed by a state -certified appraiser. 12. The City Council approval of this Resolution will become null and void if all requirements and conditions of approval are not met. 13. Filing of this Resolution to Vacate in the office of the County Recorder will not take place until all requirements and conditions of approval are met. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is authorized to enter into a purchase and sale agreement consistent with Condition 11 above for the vacated property. Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation. Dated: March 6, 2013 I hereby certify that Resolution No. 2013-33 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 6, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None RANDI JOHL City Clerk 2013-33 PROPOSED STREET ABANDONMENT 200 BLOCK OF WEST WALNUT STREET 80 FOOT RIGHT-OF-WAY PLEASANT STREET TO CHURCH STREET EXHIBIT A N ABANDONMENT BOUNDARIES WE s 1 inch = 90 feet Path: KADEV SEWGIS\Walnut st abandon\Walnut St abandon.mxd VACATION / ABANDONMENT MAILING LIST RESOLUTION OF INTENTION (Setting Public Hearing) Certified copy w/cover letter to: PG&E 12 W. Pine Street Lodi, CA 95240 Certified copies to: Denise Wiman, Public Works AT&T Community Development Department 6505 Tam O Shanter Drive Stockton, CA 95210 Police Department AT&T California Fire Department Attn: Engineering/Public Works Dept. 2300 E. Eight Mile Road Stockton, CA 95210 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 RESOLUTION OF VACATION (After Public Hearing) Certified copy w/cover letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Denise Wiman, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/misc/mailist.doc Walnut Street Vacation Public Hearing Mailing list APN JOWNER ADDRESS CITY STATE ZIP 3729014 SAN JOAQUIN, COUNTY OF COURTHOUSE STOCKTO CA 95202 3729015 JOHNSON, JEFF 306 W OAK ST LODI CA 95240 3729016 ULRICKSEN, KARA L 310 W OAK ST LODI CA 95240 3729017 WATSON, VALENTINA ETAL 713 OAKMONT CT LODI CA 95242 3729018 GRAHAM, DOYLE M 316 W OAK ST LODI CA 95240 3729028 HENDEY, EDWIN V & JUDITH 305 W WALNUT AVE LODI CA 95240 3729031 ZANONI, MARY MONDAVI TR 5295 E ARMSTRONG RD LODI CA 95240 3729032 UHLICH, ERVIN H & ARLUE M TR 317 W WALNUT ST LODI CA 95240 3729033 ELLSBURY, BONNIE TR 118 S LEE AVE LODI CA 95240 3729034 WALL, JULIE ANN TR 122 S LEE AVE LODI CA 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