HomeMy WebLinkAboutAgenda Report - November 11, 1987i., i T \ Vl«'�. MEET i MEETING
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REVIEW OP C -BASIN City Manager Peterson reminded the Council that the matter
before the Council for discussion was the review of
CC -27(a) C -Basin. The following letter which, had been received
CC -27(c) from the Law Offices of Freeman and Brown who represent Mr.
Daryle Geweke was presented for Council review:
"Re: Park Basin "C"
Acquisition of Property
10 Acre Parcel
Dear Mayor and Council Members:
finis 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
lying to the north of Kettleman Lane, east of Highway 99
and adjacent to Lodi City limits belonging to Orrind D.
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acres of
said parcel #30"
We have reviewed the Plaster Plan of Park Base "C" adopted
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 white 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'acquisitionof,
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 would
therefore have to direct our concerns.,and proposals for
mitigation to the City Council.
Continued November 1 19.8
Will you please schedule this matter for discussion by the
City 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 October. 4,'e 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"
City Manager Peterson indicated that the City has, to date,
expended approximately $12,000 in the development of the
Master Plan for C -Basin.
City Attorney Stein elaborated on the City Manager's
introduction indicating that Mr. Geweke is asking that the
City change the configuration of the park basin in order
that his client might have a 600 foot property depth from
Beckman Road. Mr. Geweke has indicated that he would be
willing to pick up the costs involved for redesigning the
Master Plan for the requested reconfiguration of the park
basin.
The City's Consultant, Mr. Richard Biegler, addressed the
Council giving an indepth overview of the Master Plan of
C -Basin and responded to questions regarding the matter as
were posed by members of the Council.
Mr. Biegler pointed out that this is a special-interest
park with natural landscape features. The proposed marsh
area would require low maintenance. The site, as it`j s
presently proposed, would hold the required Volume of
water. Mr. Biegler indicated that he feels that it is an
outstanding plan.
Mr. Arlie Preszler, 1150 West Kettleman Lane,' Lodi,
addressed the Council regarding the model airplane facility
at the site.
Mr. Gerry Sperry, Attorney -at -Law representing Mr.Daryle
Geweke, Law Offices of Freeman and Brown, 1818 Grand Canal'
Boulevard, Stockton, California, addressed the Council
stating that he feels that a car dealership Js an
appropriate use of this land, and reiterating the request,
that the City charge the configuration of the park basin in
COnt.inued
November ' 17oi
i
order that pis client right have a 500 foot property dept`,,
from. Sec'Kmian Road. Further, ;fir. Sperry suggested that i•lr.
Geweke employ Mr. Biegler to work out a redesign of Park
Basin "C" in a reasonable time frame that will accommodate
all requirements. Mr. Sperry further suggested that Mr.
Biegler's proposal fur the redesign will be brought to the
City Manager for approval.
A lengthy discussion followed with questions being directed
to Staff, to Mr. Biegler and to Mr. Sperry.
Mr. Raymond Schaffter, 2200 Newbury Circle, Lodi,
representing the Model Airplaners, indicated that they
would like an opportunity for input during the replanning
process.
On motion of Mayor Pro Tempore Snider, Pinkerton second,
Council approved proceeding on Mr. Geweke's request with
the following directions:
A) The Council does not necessarily :ant to change the
present facilities configuration of the Master Plan but
is willing to review an alternate plan.
B) Consultant Richard Biegler is to provide the City with
a time and cost proposal for the redesign.
C) The City and Mr. Geweke will review and approve Mr.
Biegler's proposal. Mr. Biegler will be retained by
the City for the redesign and Mr. Geweke is to be
responsible for all the involved costs.
D) Mr. Biegler is to work on a time and material basis,
not to exceed the amount of the proposal.
E) City staff time involved in the redesign will be
monitored and accounted for. Mr. Geweke is to
reimburse the City for these costs.
The motion carried by the following vote:
Ayes: Council Members - Pinkerton, Reid, Snider,
and Olson (Mayor)
-41
Noes: Council Members - Hinchman
Absent: Council Members - None
Council Member Hinchman indicated that he is ..concerned `
about a park facility being located behind a commercial
facility and that he feels it is in the City's best
interest to work with the original plan.
Continued November 1, 2987 `
F:
G'
City Attorney Stein gave a status report or, negotiations
ti '':e t:ettTe^a^ family regarding propert ` acGusitio;, .n a
wit
the Subject area.
TO THE CSTY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT:
COUNCIL COTMAIUNIC TION
DATE NG.
November 4, 1987
Consider Request of Daryl Geweke for Council Discussion and Resolutiov of
Concerps relating to Park Basin "C" Acquisition, Southeast Corner of Vine
Street and Beckman Road;
PREPARED BY: City Attorney
BACKGROUND INFORMATION: Attached hereto is a copy of a letter
dated October 5, 1987, received from Gerald A.
Sperry, of the law firm of Freeman & Brown
regarding the C-1 Basin acquisition of property at Beckman Road and Vine
Street. Mr. Sperry represents Daryl Geweke who is the potential purchaser
of the property in question.
Also attached hereto for Council's review is a copy of the pertinent pages
of the Agreement of Purchase and Sale and Escrow Instructions dated June
22, 1987 between Orrin D. Kettelman and the Estate of Gertrude M.
Kettelman, and Daryl Geweke.
As you will read in Mr. Sperry's letter, he is asking that the City change
the configuration of.the park basin in order that his client might have a
600 foot property depth from Beckman Road.
R4onald
Ilup�mitted,
M. S
City Attorney
RMS:vc
CCCBASI.N2/TXTA.OIV '`
Laty offices of
FREEMAN & BROWN
Pro(essicia! e:,r�.:,r„;;on
Maxwell A:. Freemen
lames Bettord Srown
judo A. Loven
Er,k R. Anderson
Gerald A. Sperry
A_ Peter Rausch, Jr,
October 5, 1987
Honorable Mayor Evelyn Olson
Honorable City Council Members
City of Lodi
City Ball
Lodi, California
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 lying to the
north of Kettleman Lane, east of Highway 99 and adjacent to Lodi
City limits belonging to Orrind D. Kettleman. Said contract of
sale recites that "the city of Lodi is contemplating condemning
approximately 10 acres of said parcel 1#30".
We have reviewed the Master Plan of Park Base "C" adopted 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 7#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
methodE 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 would therefore have to direct our
concerns and proposals for mitigation to the City Council.
1818 Grand Canal Boulevard Reno Nevada Office
Stocbton, California 95207 147 East Liberty Street . .
209 474 1822 Reno. Nevada 89501 _
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'FRPFKAANI R RRC) A/ NJ
Honorable Mavor Evelyn Olson
Honorable City Council Members
October 5, 1987
Page Two
Will you please schedule this matter for discussion by the
City 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 October. 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,
GERALD A. SPERRY
GAS: dm
cc: Daryle Geweke
Orrind Kettleman
Ronald Stein.
AGREEKENT OF PURCHASE ANIS SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT, made this �� day of June, 1987, by and
between ORRIN D. KETTLEMAN and ESTATE OF GERTRUDE M. KETTLEMAN,
Deceased, individually and as Trustees, hereinafter called
"Seller", and DARYL GEWEKE or his nominees, hereinafter called
"Buyer"
K I T N E S S E T H:
WHEREAS, Seller is the owner of four parcels of real
property, together with improvements thereon. located in the Lodi
area, San Joaquin County, California, designated as "Parcels #26
(16.77 acres), #28 (1.52 acres), #29 (18.81 acres) and '#30 (20.02
acres) in County Assessor's Map Book, Page 049-07 and more
particularly described in Exhibit "A" attached hereto and made a
part hereof.
WHEREAS, the City of Lodi is contemplating condemning
approximately 10 acres of said Parcel 130.
WHEREAS, Buyer is desirous of purchasing all of Parcel #26,•
#28, #29 and the entire Parcel #30 or such portion of Parcel #30
remaining, depending on its size and location, after the City of
Lodi condemns same, and Seller is desirous of selling all such
real property to Buyer.
NOW, THEREFORE, in consideration of the mutual promises
hereinafter contained, it is agreed by.and between the parties
hereto as follows:
1. gj_ty of Lodi's Condemnation. At the present time the
City of Lodi is contemplating condemning by eminent domain
-1-
approximately ten { l res of said Parcel. #30. Buyer agrees to
purchase and Seller agrees to sell all of said parcels ir,cluCing
the Westerly ten (10) acre portion of Parcel #30 Which will
remain after the taking by the City of Lodi providing and on
condition that the remaining portion of Parcel #30 is of the
minimum size and shape as provided hereafter in p-ragraph 1.i.
1.1 Buyer agrees to purchase and Seller agrees to
sell all of said parcels including such portion of Parcel
#30 which remains either after the condemnation by the city
of Lodi or the City of Lodi's failure to condemn such real
property within 2 years of the date of this agreement
providing and on condition that the remainder of Parcel #30
is of rectangular shape and has a minimum curb frontage of
625 feet and a minimum depth of 600 feet.
1.2 It is understood and agreed that the commencement
date of this agreement depends entirely upon when the city
of Lodi completes or withdraws its condemnation of a portion
of Parcel #30. Until such time, it cannot be determined the
extent of the property being purchased herein by Buyer or
whether the condition set forth above in this paragraph has
been satisfied.
2. The Real Property. The Parcels of real property (126,
#26, #29 and #30) the subject of this purchase and sale are more
particularly described on Exhibit "A", attached hereto and made
a part hereof.
3. Purchase Price. Buyer agrees to pay to Seller the total
sum of TWENTY-SIX THOUSAND TWO HUNDRED SIXTY AND NO/100 DOLLARS
($26,260.00) an acre for the purchase price for said parcels of
-2-
♦ pr,t'
CITY OF LOD-,]PUBLIC WORKS DEPARTVENT
T0: City Council
FROM: City Manager
MEETING DATE: November 4, 1987
!'fluxcrll. r"Nul l'NilI-ATlnNl
AGENDA TITLE: Public Nearing to Consider Adoption of Resolution of Necessity
for the Acquisition of Additi(,nal Land for the C -Basin,
Southeast Corner of Vine Street and Beckman Road, by Eminent
Domain Procedures
RECOMMENDED ACTION: That the City take the initial step in eminent domain
proceedings by adoption of a resolution of necessity for the acquisition of
the park/basin by a vote of two-thirds of all of the Councilmembers.
BACKGROUND INFORMATION: At the October 14, 1987 City Council meeting,
Council set a hearing for November 4, 1987 to consider adoption of a
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 Neminger, 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 parcel
necessary for the basin or a 12± acre parcel which would "square off" their
remainder. Problems with a third party and the agreement between the
Kettelmans 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 that 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.
APPROVED: / f FILE NO.
N MAS A. PETERS N, Citv�Manager
CCBASIN2/TXTW.02M October 28, 1987
City Council
Nov ... bGr T, 1707
Page 2
1z -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 proceeding, 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 matter of right at any time before the property owner commences an
action.
it
Rona M. Stein
City Attorney
RMS/ma
CCBASIN2/TXTW.02yi October 28, 1987
RESOLUTION NO. 87-150
RESOLUTION OF NECESSITY REGARL'TNC EMINENT DOMAIN
PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1245.220 ET SEQ.
BE IT RESOLVED by the Council of the City of Lodi as follows:
The Council of the City of Lodi finds, determines, and hereby
declares:
1. That the public interest, necessity, and convenience require
the acquisition, construction, and completion of a public improvement,
to wit: the acquisition of additional land for the C -Basin, Southeast
corner of Vine Street and Beckman Road within San Joaquin County,
described as a portion of the south or,e-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.
2. That the real property hereinafter described is suitable,
adaptable, necessary, and required for the public use of said City of
Lodi, as hereinabove set forth.
3. Tf;e proposed project is planned and located in the manner
that will be most compatible with the greatest public good and the
least private injury.
4. That the City of Lodi acquire the hereinafter described real
property for a park/basin by donation, purchase, or by condemnation in
accordance with the provisions of the Code of Civil Procedure of the
State of California relating to eminent domain. That the City'°Attorney
is hereby authorized to prosecute in the name of the City of Lodi, any
and all actions or proceedings required to acquire the necessary
property and/or to fix the compensation to be paid for property damage
resulting from the construction and mainteriance of said improvements;
and in the absence of a satisfactory price agreement with the owner of
the land, the City Attorney is hereby directed to immediately commence
proceedings under Title Seven, Chapter Three of the Code of Civil
Procedure of the State of California, to condemn the property
hereinafter described for the purpose of taking said land for the
public use of said City as hereinabove set forth.
5. To make application to a Court of competent jurisdiction for
an order fixing the amount of such security in the way of money
deposits as said Court may direct, and for an order permitting said
City of Lodi to take immediate possession and use of said property, or
interest in real property, or existing improvements for the public use
as hereinabove set forth; to make deposit of such security or monies
in such amount so fixed and determined and in such manner as said Court
in which said condemnation proceedings are pending may direct.
6. The real property or interest in real property which the City
of Lodi is by this Resolution authorized to acquire for said public
BE
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3.
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improvements is situated in the County of San Joaquin,. State of
California, and is more particularly described in Exhibit "A", attached
hereto and 'Incorporated hereir, by reference.
7. Pursuant to Government Code Section 7267.2, a written offer
was made to the owners of record in the amount of $262,500 for 10
r.
acres, or $315,000 for 12 acres..
DATED: November 4, 1987
I hereby certify that Resolution No. 87-150 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held November 4, 1987 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Alice M. Reimche
City Clerk
-2-
EXHIBIT R
!ECRL DESCRIPTION
PROPERTY LOCATED SOUTH OF VINE STREET
AND EAST OF BECKMAN ROAD WITHIN SAN JOAQUIN COUNTY
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.
RESEMD02/TXTA.01V
TNOTiCE OF PUBLIC HEARING
BEFORE TL?E LCOI CITY COUNCIL
Notice is hereby given that on November 4, 1987 the City Council of the City of
Lodi, 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 regardi-19 Eminent Domain, pursuant to Code of Civil
Procedure (CCP) Section 1245.220, for the property located at the Southeast
corner of Vine Street and Beckman Road, Lodi, 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 uf Section ', 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
I°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 8714I' Test, 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
87041' 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 lection 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 project only if
all of the following are established: s
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 :CP Section 1245.234, the propertyowners must file a. WRITTEN t
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 in 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 hearing.
Dated: October 14, 1987
BY ORDER OF THE LODI CITY COUNCIL
Alice M. Reimche
City Clerk
Approved as to form
Original signed by Ronald M. Stein.
Ronald M. Stein
City Attorney
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November 4, 1987
Mayor Evelyn Olson
City of Lodi
Dear Mayor Olson,
The Old Lodi Union High School Site Foundation
requests the opportunity to meet with the Lodi City
Council in closed session, Wednesday, November 18, 1987
to discuss pending litigation concerning Hutchins Street Square.
Sincerely,
Denn s G. Sennett
Chairman
DGB:cl
HUTCHINS AND OAK STREET / P.O. BOX 1252 % LOBI, CA 95241 / 209-333-6782