HomeMy WebLinkAboutAgenda Report - November 4, 1987 (40)CITY COUNCIL MEETING
NOVEMBER 4, 1987
CONSIDER RESOLUTION
OF NECESSITY FOR
THE ACQUISITION OF
ADDITIONAL LAND
FOR THE C -BASIN,
SOUTHEAST CORNER
OF VINE STREET
AND BECKMAN ROAD,
BY EMINENT DOMAIN
PROCEDURES Notice thereof having been published according to law, an
affidavit of which publication is on file in the office of
CC -27(a) the City Clerk, Mayor Olson called for the Public Hearing
CC -27(c) to consider the adoption of Resolution of Necessity for the
acquisition of addit*Ianal land for the C -Basin, southeast
corner of Vine Street and Beckman Road, by Eminent Domain
procedures..
It was also determined that Council would consider at the
same time Agenda item K-3, entitled, "Consider request of
Daryle Geweke for Council discimsion and resolution of
concerns relating to Park Basin ' acquisition, southeast
corner of (tine Street and Beckman Road".
The`ollowirg staff report was presented:
At the October 14, 1987 City Council meeting, Council set a
hearing for November 4, 1987 to consider adoption of a rt -
resolution of necessity for the acquisition of additional
land for C -Basin by eminent domain proceedings, pursuant to
Code of Civil Procedure Section 1245.220. Notice of said
hearing was mailed to property owners Orrin D. and Gertrude
M. Kettelman on October 16, 1987. The City has not
received notice from the Kettelmans indicating any desire
to be heard at the November 4°hearing.
The City's right of way negotiator, Jerry Heminger,'`first
contacted the owners on April 27, 1987. Through ..',numerous
contacts since that time, he has reached verbal agreement
with the Kettelmans to purchase the 10, -acre -,.,.,.p i arcel
necessary for the basin or a 12- acre parcel which.oul
"square off" their remainder. Problems with a third party
and the agreement between the Kettelmans I and that party,
have held up consummation of the formal agreement
The power of eminent domain may be exercised to 'acquire..
property for a proposed project only if all of the
following are established:
1. The public interest and necessity require the project
2. The project is planned or located in the manner teat
will be most compatible with the greatest public good
and the least private injury.
3. The property sought to be acquired is necessary for the
project.
State law provides that a public entity may exercise the
power of eminent domain only if it has adopted a resolution
of necessity by a vote of two-thirds of all of the members
of the governing body.
It is important to be aware that once the resolution of
necessity has been adopted, the City must commence an
eminent domain proceeding to acquire the property within
six months after the date of adoption or, if the City has
filed such proceedin,l, the City must serve the complaint
and the summons relating to the proceeding. If it does
not, the property owner may file an action for inverse
condemnation to:
1. Require the City to take the property and pay
compensation therefor, and/or
2. Recover damages from the City for the interference with
the possession and use of the property resulting from
adoption of the resolution.
However, the City Council is permitted to rescind the
resolution of necessity as a natter of right at any time
before the property owner commences an action.
The following letter from the Law Offices of Freeman and
Brown, 1818 Grand Canal Boulevard, Stockton, California,
was presented for Council review: _
"Re: Park Basin "C"
Acquisition of Property
10 Acre Parcel
Dear Mayor and Council Members:
This office represents Mr. Daryle Geweke who is the
purchaser, pursuant to a land sales .contract ..of :;three'
adjacent parcels of real property, Parcels #28, #29'and,#30. -F
tying to the north of Kettleman Lane, east of>Highway.99'
and adjacent to Lodi City limits belongings to Ord nd D. Y
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acres-of,-
said
cres ofsaid parcel #30".
We have reviewed the Master Plan of Park Ease "C" adopter)
by the City Council on October 15, 1986, and discussed the
proposed acquisition of the portion of parcel 30
specifically, timing, configuration, use and damages.
Mr. Geweke has instructed us to attempt to minimize the
adverse impacts the presently proposed acquisition would
have on Parcel #30 while attempting to equitably
accommodate the needs of the City of Lodi.
We subsequently contacted Mr. Ronald Stein, City Attorney,
and inquired as to how soon the city needed the property,
what methods were available to mitigate Mr. Geweke's
damages and how could we work with the City of Lodi in the
equitable resolution of these problems.
Mr. Stein advised that the City's department of Public
Works wanted to proceed immediately with the acquisition of
the property and the construction of the project; that as
the plan had been adopted by the City Council, it could
only be modified by the City Council; that we world
therefore have to direct our concerns and proposals for
mitigation to the City Council.
Will you please schedule this matter for discussion by the
Citv Council as soon as mutually convenient. As resolution
of these problems need to be explored through open
discussion, we would suggest an initial council study
session for that purpose. Unfortunately. Mr. Freeman will
be out of the country until the end of Oc ,:ober. We will be
pleased -at that time to present to you our concerns.. and our
proposal to mitigate Mr. Geweke's damages while
accommodating the needs of the City of Lodi.
Thank you for your consideration and cooperation. We look
forward to working with you and your staff in the equitable
resolution of this problem.
Very truly yours,
s/Gerald A. Sperry"
Addressing the Council regarding the matter were:
a? Mr. Maxwell M. Freeman
Attorney at Law
1818 Grand Canal Boulevard
Stockton, California
representing Daryle Geweke
b lir. Gerald A. Sperry
Attorney at Law
1818 Grand Canal Boulevard
Stockton, California
representing Daryle Geweke
There being no other persons wishing to address the Council
on the matter, the public portion of the hearing was closed.
A very lengthy discussion followed with questions being
directed to Staff, the City Attorney, and to those who had
given testimony.
Council Member Hinchman moved adoption of a Resolution of
Necessity for the acquisition of additional land for the
C -Basin, southeast corner of Vine Street and Beckmzn Road,
by eminent Domain procedures. The motion was seconded by
Council Member Reid, but failed to pass by the following
vote:
Ayes: Council Members - Hinchman and Reid
Noes: Council Members - Pinkerton, Snider, and
Olson (Mayor)
Following additional discussion, Council, on motion of
Council Member Snider, Pinkerton second, determined to
adjourn this meeting to 7:30 p.m., Wednesday, November 11,
1987 for further review of the C -Basin whic, would allow
for all interested parties to be present during the subject''.
discussion.
CITY OF LODI
221 W. Pine Street
Lodi, California 95240
ADVERTISING INSTRUCTIONS
Subject:
PROCEEDINGS , SOUThLAS`i� CO.
i
RANCH
Publish Dates:
Saturday,
October 17
, -987 and a
u ,
er 24,1987
Tear Sheets [wanted:
Three
Affidavit and Bill to:
ALICE M.
REIMCHE, CITY
CLERK
Date:
Ordered
by :
10/15/87
ALICE M.IREIMCHE
CITY CLERK
NOTICE OF PUBLIC HEARING
BEFORE THE LODI CITY COUNCIL
Notice is hereby giver 1 -hat on 'november 4,. 1987 the City Council of the City cf
t.odi, at its regular meeting to be held on that date at 7:30 p.m. in the Council
Chambers located at 221 west Pine Street, Lodi, California, intends to adopt a
Resolution of Necessity regarding Eminent Domain, pursuant to Code of Civil
Procedure (CCP) Section 1245.220, for the property located at the Southeast
cerner of Vine Street and Beckman Road, Lod4, and more particularly described as
that certain real property in the County of San Joaquin, State of California,
described as follows:
Being a portion of the south one-half of the north one-half of the
southwest one-quarter of Section 7, Township 3 North, Range 7 East,
Mount Diablo Base and Meridian, described as follows:
Commencing at the center of Section 7, Township 3 North,
Range 7 East, Mount Diablo Base and Meridian, thence South
1 04' East, 668.4 feet along the east line of the southwest
one-quarter section to the northeast corner of that Kettleman
parcel shown in Volume 6, Page 284, Record of Surveys, San
Joaquin County Records, and the True Point of Beginning,
thence North 87 41' West, 1038.0 feet along the north
line of the south one-half of the north one-half of said
southwest one-quarter section, thence South 1 04' East,
420.0 feet, parallel with said east line, thence South
87 41' East, 1038.0 feet, parallel with said north line
of said south one-half to said east line, thence North
1 04' West, 420.0 feet, along said east line to the True
Point of Beginning.
The property owners have been notified that they have the right to be heard on
the matters referred to in CCP Section 1240.030 as it relates to this property.
Specifically, CCP Section 1240.030 permits the City of Lodi to exercise the
power of eminent domain to acquire the property for a proposed projectonly if
all of the following are established:
a. The public interest and necessity require the project.
b. The project is planned or located in the manner that will be most
compatible with the greatest public need and the least private injury.
c. The property sought to be acquired is necessary for the project.
Pursuant to CCP Section 1245.234, the property owners must file a WRITTEN
REQUEST to be heard within 15 days after the notice was mailed. The governing
body need not give an opportunity to appear and be heard to any person who fails
to file a written request. If the property owners intend to be heard on the
matter, they need to bring in or mail their request to Alice M. Reimche, City
Clerk, 221 West Pine Street, Call Box 3006, Lodi, CA 95241-1910, phone
333-6702. THEIR FAILURE TO FILE. A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN
15 DAYS AFTER THE NOTICE WAS MAILED WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR
AND BE HEARD.
If the property owners challenge the subject matter if: court, they may be
limited to raising only those issues raised at the public hearing described in
this notice or in written correspondence delivered to the City.Clerk at, or
prior to, the public gearing.
Dated: October 14, 1987
BY ORDER OF THE LODI CITY COUNCIL
Alice M. Reimche
City Clerk
/ Approv "� o form
onald M Stein
City Attorney
,
1 tt[VIAN
& BROWN
October 26, 1987
The Honorable Mayor Evelyn Olson
The Honorable City Councilmembers
City of Lodi
City Hall
Lon:, CA 95248
,<e: Council Meeting - Novec-:Der 4, 1987
Proposed Resolution of Necessity
Park Basin "C"
Dear Mayor and Councilmembers:
On October. 5, 1987, this office initiated correspondence
to you regarding our representation of Mr. Daryle Gewekn, the
purchaser under a land sales contract of cert.ai- -eal property
adjacent to the City of. Lodi belonging to Orrin D. Kettleman.
Our letter outlined our interest and that of Mr. Geweke to work
with the City of Lodi and attempt to accomodate the city's pro-
posed expansion, by the acquisition of an additional 10 acres of
real property, of Park Basin "C". Our letter further requested
this matter be scheduled for a study session of the full council
as soon as mutually convenient.
On October 16, 1987, Assistant City Engineer, G. E.
Robinson, initiated correspondence to Orrin D. and Gertrude M.
Kettleman notifying them of the city's intent to adopt on
November 4, 1987, a resolution of necessity authorizing and
directing the acquisition of 10 acres of Mr. Geweke's property by
eminent domain. In view of our letter of October 5, 1987, the
notification by Mr. Robinson would appear to be unnecessary and
premature. we again request the council schedule this matter for
discussion at a study session and further request the continuance
of the consideration of the proposed resolution of necessity
until sometime after that study session.
In the event this matter cannot be resolved by way of an -
equitable compromise whish will minimize the adverse impacts of
the proposed Park Basin "C" on Mr. Geweke's interest, this letter
constitutes formal request by Mr. Geweke, the real party in
1818 (;rand Canal Boulevard Reno N,vada Office
Stockton, Caii Ormj 9520: 147 East linerty Street
209 474 1822 Ren), Nevaci.t fs40!
Tefcgopier. 209 474 1'qy 702 322 0606
a -
FREEMAN & BROWN
The honorable :payor Evelyn Olson
The Honorable City Councilmembers
October 26, 1987
Page 2
interest, or his representative, to be heard on November 4, 1987,
on the Issue of the adoption of the resolution of necessity.
GAS:vg
cc: City Manager
City Attorney
City Clerk
Robert Elliott
Daryle Geweke
Sincerely,
GERALD A. SPERRY
�i
C TY COLA-�C1C
i \•E L)IN, ..t OLSON. "'+,vor
;OF{N R cR��dv1 SN!DEK
•,t a.tx P'n iem pore
DAVID .0 NINCHVAN
I A M J S \V PIN KERT(,'N. Ir
IRED na REID
IT OF LO IL
CM HALL. 221 WE;T PINE STREET
CALL BOX 1W",
LODI, CALIFORtv1A 95241-1910
(209) 334-5634
TFLECO PUR (:09) 31;-b79t�
October 27, 1987
THOMAC A PETERSON
City Manager .
All([ ,t RE t.`tCHE
City Clerk
RONALD M G i Et\
Ov Attorney
Mr. Gerald A. Sperry
Attorney at Law
Freeman and Brown
1818 Grand Canal Boulevard
Stockton, CA 95207
RE: Proposed Resolution of Necessity Park Basin "C"
Dear Mr. Sperry:
Please be advised that the following items pertaining to Park Basin "C"
will appear on the agenda for the regular Council meeting of November
4, 1987:
1. Public Nearing to consider the adoption of a Resolution
of Nccessity for the acquisition of additional land for
the "C" Basin, southeast corner of Vine Street and
Beckman Road, by Eminent Domain procedures.
2. Consider request of Daryl Geweke for discussion and
resolution, concerns relating to Park Basin "C"
acquisition.
The meeting will commence at 7:30 p.m. and will be held in the Council
Chambers, 2nd floor, 221 West Pine Street, Lodi.
Should you have any questions, please do not hesitate to call this
office.
Law offices of
FREEMAN
Maxwell M. Fr( -t: -man
Jznzes Belford Bruen
Judy ,4. I oven
Erik R. Arxlerson
Gerald A. Sperry
A Peter Rausch. Jr.
October 26, 1987
The Honorable Mayor Evelyn Olson
The Honorable City Councilmembers
City of Lodi
City Hall
Lodi, CA 95240
Re: Council Meeting - November 4, 1987
Proposed Resolution of Necessity
Park Basin "C"
Dear Mayor and Councilmembers:
i
On October 5; 1987, this office initiated correspondence
to you regarding our representation of Mr. Daryle Geweke, the
purchaser under a land sales contract of certain real property
adjacent to the City of Lodi belonging to Orrin D. Kettleman.
Our letter outlined our interest and that of Mr. Geweke to work
with the City of Lodi and attempt to accomodate the city's pro-
posed expansion, by the acquisition of an additional 10 acres of
real property, of Park Basin "C". Our letter further requested
this matter be scheduled for a study session of the full council
as soon as mutually convenient.
On October 16, 1987, Assistant City Engineer, G. E.
Robinson, initiated correspondence to Orrin D. and Gertrude M.
Kettleman notifying them of the city's intent to adopt on
November 4, 1987, a resolution of necessity authorizing and
directing the acquisition of 10 acres of Mr. Geweke's property by
eminent domain. In view of our letter of October 5, 1987, the
notification by Mr. Robinson would appear to be unnecessary and
premature. We again request the council schedule this matter for
discussion at a study session and further request the continuance
of the consideration of the proposed resolution of necessity
until sometime after that study session.
In the event this matter cannot be resolved by way of an
equitable compromise which will minimize the adverse impacts of
the proposed Park Basin "C" on Mr. Geweke's interest, this letter
constitutes formal request by Mr. Geweke, the real party in
1818 Gand Canal Boulevard Reno Nevada Office
Stockton, California 95207 147 East Liberty Street
209 474 1822 Reno, Nevada 89501
Telecopler: 209 474 1245 702 ;2' 0606
FREEMAN & BROWIN
The Honorable Mayor Evelyn Olson
The Honorable City Councilmembers
October 26, 1987
Page 2
interest, or his representative, to be heard on November 4, 1987,
on the issue of the adoption of the resolution of necessity.
Sincerely,
GERALD A. SPERRY
GAS :vg
cc. City Manager
City Attorney
City Clerk
Robert Elliott
Daryle Geweke
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