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HomeMy WebLinkAboutAgenda Report - October 3, 2001 G-02 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Adopting a Resolution/Order to Vacate Pleasant Avenue, from Elm Street North to the Alley MEETING DATE: October 3, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution order abandoning Pleasant Avenue, from Elm Street north to the alley. BACKGROUND INFORMATION: At its meeting of September 5, 2001, the City Council adopted a resolution of intention to vacate a 170 -foot length of Pleasant Avenue, from Elm Street to the alley north of Elm Street, and referred the matter to the Planning Commission. This abandonment is requested to accommodate the construction of the new Police building, as shown on Exhibit A, and would be from the north right-of-way line of Elm Street to the south right-of-way line of the alley north of Elm Street. Construction is anticipated to proceed in April 2002. Existing underground utilities (a 10 -inch water main and a 4 -inch low-pressure gas main) and City electrical poles and overhead services will be relocated. The Planning Commission will discuss this request for abandonment at its regularly scheduled meeting of September 26, 2001, which is after the deadline for the October 3, 2001 Council meeting packet. Therefore, the Planning Commission's recommendation will be presented at the Council meeting. Pacific Bell and AT&T Broadband have approved the street abandonment without conditions. The City of Lodi Electric Utility Department, Water/Wastewater Division, and PG&E have approved the abandonment on the condition existing utilities, as described above, be relocated. The Electric Utility Department is also requesting a 5 -foot public utility easement with an 11.5 -foot overhead easement be maintained along the north line of the street abandonment. All property owners within a 300 -foot radius of this portion of Pleasant Avenue have been advised of the City's intention to abandon it. FUNDING: Not applicable. I 1 Richard C. Prima, J . Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/JHM/Im Attachment cc: Randy Hays, City Attorney Gary Wiman, Construction Project Manager Affected Property Owners APPROVED: H. Dixbn Flynn -- CPHPLEASANTAVEELMN2ALLEY Manager 09/21101 PLEAOANT AVE.ABANDONMENT C.G. Alle , / 4 I / c I I I c I I v4- 115 )1 U) c 1 \ v 0 t 4 � r N Elm Street I So= — E -+- SCALE: V = 40' Locust St. Q � Q = ELM ST SCALE: V = 300' PLEASE RECORD AND RETURN TO: Susan J. Blackston, City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-230 A RESOLUTION OF THE LODI CITY COUNCIL VACATING PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY 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 5th day of September, 2001, pass and adopt Resolution of Intention No. 2001-213 therein declaring the intention of said City Council to vacate that portion of Pleasant Avenue, from Elm Street north to the alley, Lodi, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent 5 -foot public utility easement with an 11.5 -foot overhead easement be maintained along the north line of the street abandonment, and right therein to construct, maintain, repair, and operate lines for public utilities, both publicly and privately owned, in, over, and across said street, and more particularly described as follows, to wit: Pleasant Avenue, from Elm Street north to the alley 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, October 3, 2001, 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 October 3, 2001 City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that said portion of Pleasant Avenue, from Elm Street north to the alley, is 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 there is hereby abandoned that Pleasant Avenue, from Elm Street north to the alley, Lodi, California, and more particularly described as follows: Pleasant Avenue, from Elm Street north to the alley, Lodi, California, as shown on Exhibit A attached hereto. Reserving, however, and excepting from the vacation, a permanent 5 -foot public utility easement with an 11.5 -foot overhead easement be maintained along the north line of the street abandonment, and right therein to construct, maintain, repair, and operate lines for public utilities, both publicly and privately owned, in, over, and across said street. 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: October 3, 2001 I hereby certify that Resolution No. 2001-230 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 3, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Land ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2001-230 • C " t • : DEPARTMENT CITY OF LODI", MEN 01 E—m! ==W m Ma b MA PLEASANT AVE. ABANDONMENT -G v4-1 I I n a � I Elm Street E ' 5 L. i I LOCUS.t St. V) Q = ELM ST SCALE: 1' = 300' A SCALE: 1' = 40' 0 1\ 1 Please immediately confirm receipt of this fax by calling 333-6702 Iv`') , 1,' FA CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SET PUBLIC HEARING FOR OCTOBER 3, 2001 TO CONSIDER RESOLUTION OF INTENTION TO ABANDON PLEASANT AVENUE FROM ELM STREET TO THE ALLEY NORTH OF ELM STREET TO ACCOMMODATE THE CONSTRUCTION OF THE POLICE BUILDING PUBLISH DATE(s): SATURDAY, SEPTEMBER 8, 2001 SATURDAY, SEPTEMBER 22, 2001 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: SEPTEMBER 6, 2001 ORDERED BY: JENNIFER M. PERRIN DEPUTY CITY CLERK Faxed to the Sentinel at 369-1084 at (time) on (date) (pages) Sharon Phoned to confirm receipt of all panes at (time) Jac Jen (initials) rormsladvins.doc ,tOF� U r^r DECLARATION ,. OQ�lFOPc�`Q On Thursday, September 7, 2001 in the City of Lodi, San Joaquin County, California, a copy of Notice of Public Hearing of the City Council of the City of Lodi to consider Resolution Of Intention To Abandon Pleasant Avenue From Elm Street To The Alley North Of Elm Street To Accommodate The Construction Of The Police Building (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on September 7, 2001, at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor Deputy City Clerk (I, ")Mcew/)-. AAAJ Jenrfer M. Perrin Deputy City Clerk forms\dccpost.doc NOTICE OF PUBLIC HEARING EXHIBIT A RESOLUTION NO. 2001-213 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND FIXING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING WHEN AND WHERE ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT MAY BE HEARD BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, to abandon 170 -foot length of Pleasant Avenue, from Elm Street to the alley north of Elm Street, as shown on Exhibit A attached hereto and thereby made a part hereof. 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 abandonment. BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, October 3, 2001, 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. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to October 3, 2001 in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: September 5, 2001 ---------------------------------------------------------------------- ---------------------------------------------------------------------- I hereby certify that Resolution No. 2001-213 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 5, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2001-213 ILAHIbI i H PLEASANT AVE. ABANDONMENT SCALE: V = 40' Locust St.—' c co 1 ELM ST. v SCALE: 1" = 300' NOTICE OF PUBLIC HEARING RESOLUTION NO. 2001-213 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND FIXING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING WHEN AND WHERE ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT MAY BE HEARD BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the Intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 8300 at seq. of the Streets and Highways Code of the State of California, to abandon 170 -toot length of Pleasant Avenue, from Elm Street to the alley north of Elm Street, as shown on Exhibit A attached hereto and thereby made a part hereof. 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 abandonment. BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, October 3, 2001, 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. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two suc. cessive weeks prior to October 3, 2001 in the "Lodi News Sentinel", a daily newspaper of general cir- culation printed and published in the City of Lodi, County of San Joaquin. Bated: September 5, 2001 1 hereby certify that Resolution No. 2001-213 was passed and adopted by the City Council of the City of Lodi in a regular meeting had September S. 2001, by the following vote: AYES:COUNCIL MEMBERS - Hitchcock. Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACKSTONE City Clerk EXHIBIT A L• CITY OF LODI PLEASANT AVE. PUBIId 1fOR1CO DEPARTMENT ABANDONMENT o e ca C O I G nV w e 1t � N +N �l , _N IL 4 Elm Street E �• ,. SCALE: 1' _ 40' 1 SCALE: V = 300' April 0 22 September 22 —3665 yOFl OQ V Oq[/FOa��Q DECLARATION SET PUBLIC HEARING FOR OCTOBER 3, 2001 TO CONSIDER RESOLUTION OF INTENTION TO ABANDON PLEASANT AVENUE FROM ELM STREET TO THE ALLEY NORTH OF ELM STREET TO ACCOMMODATE THE CONSTRUCTION OF THE POLICE BUILDING On September 7, 2001 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice and Map attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. 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 September 7, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK dccmail/forms ORDERED BY: SUSAN BLACKSTON CIN CLERK, CITY OF LODI r �AAA^- 4EPNIFER Y. PERRIN DEPUTY CITY CLERK CITY COUNCIL ALAN S. NAKANISHI, Mayor PHILLIP A. PENNINO Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND 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 September 7, 2001 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EXHIBIT a VACATION: TO ABANDON PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY This is to inform you that the City Council at its regular meeting on September 5, 2001 adopted a Resolution of Intention to abandon Pleasant Avenue, from Elm Street north to the alley and set a public hearing for October 3, 2001. Enclosed, for your information, is a certified copy of the resolution along with a map of the area to be abandoned. In addition, this matter has been referred to the Planning Commission and will be heard at its regular meeting of September 26, 2001. Please contact the Community Development Department at (209) 333-6711 if you have any questions. Should you have questions regarding the abandonment, please contact Public Works Director Richard Prima at (209) 333-6706. Susan J. Blackston City Clerk SJB/jmp Enclosure cc: Public Works Director Community Development Director vacation/corresp/]Reslnlention.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2001-213 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND FIXING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING WHEN AND WHERE ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT MAY BE HEARD ---------------------------------------------------------------------- ---------------------------------------------------------------------- BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, to abandon 170 -foot length of Pleasant Avenue, from Elm Street to the alley north of Elm Street, as shown on Exhibit A attached hereto and thereby made a part hereof. 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 abandonment. BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, October 3, 2001, 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. BE IT FURTHER RESOLVED 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. BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to October 3, 2001 in the "Lodi News Sentinel', a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: September 5, 2001 I hereby certify that Resolution No. 2001-213 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 5, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2001-213 r -CITY OF LODI f OWN Njv Elm Street E I LOCUS.t St. 1. - > c �� EL--- T SCALE: 1' = 300' .13 ILAHibi I H PLEASANT AVE. ABANDONMENT c SCALE: 1' = 40' .23 VACATION/ABANDONMENT EXHIBIT BI 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 6343 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W. Yokuts Avenue Stockton, CA 95207 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 Certified copies to: Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department 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 Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/misc/mailist.doc PLEASANT AVE. ABANDONMENT (ELM ST. NORTH TO ALLEY) PUBLIC HEARING MAILING LIST (300 FT. RADIUS) APN SITUS OWNER OWNER ADDRESS 03727014 302 W LOCUST ST COTTRELL, STEVEN & AMANDA 125 N PLEASANT AVE LODI CA 95240 03727016 303 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 03727018 315 W ELM ST SAN JOAQUIN, COUNTY OF 222 E WEBER ST STOCKTON CA 95202 03727038 310 W ELM ST LODI, CITY OF 04302201 220 W LOCUST ST PINNELL, BETTY ANN TR 806 BEL AIR CT LODI CA95240 04302202 120 N PLEASANT AV AMIN, BOBBY B 120 N PLEASANT AVE LODI CA 95240 04302208 207 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 04302209 211 W ELM ST LODI CITY OF CITY HALL LODI CA 95240 04302210 217 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 04302211 225 W ELM ST LODI CITY OF PO BOX 3006 LODI CA9 5241 04303109 210 W ELM ST LODI, CITY OF 03727030 322 W ELM ST IST CHURCH OF CHRIST SCIENTIST 322 W ELM ST LODI CA 95240 03727011 114 S LEE AV SAINT JOHNS EPISCOPAL CHURCH PO BOX 297 LODI CA 95241 03727012 310 W LOCUST ST PROTESTANT EPISCOPAL BISHOP PO BOX 297 LODI CA 95241 03727013 306 W LOCUST ST BURKE, SUSAN ELAINE ETAL 11260 GOLFVIEW RD LODI CA 95240 03727015 125 N PLEASANT AVE COTTRELL, STEVEN & AMANDA 125 N PLEASANT AVE LODI CA 95240 03727017 307 W ELM ST DEAN, JAMES E & CAROL A TR 16 N CRESCENT AVE LODI CA 95240 03727040 108 N LEE AVE BAUMBACH, GLEN I & C A TR ETAL 323 W ELM ST LODI CA 95240 03727041 321 W ELM ST BAUMBACH, GLEN I & CA TR ETAL 323 W ELM ST LODI CA 95240 04302203 116 N PLEASANT AVE VEERKAMP, BARBARA A 6393 EMBARCADERO DR STOCKTON CA 95219 04302206 109 N CHURCH ST MEHLHAFF, FREDRICK P 2141 W LODI AVE LODI CA 95242 04302207 101 N CHURCH ST DEJONG, ORVILLE & KAREN ETAL 16040 N TECKLENBERG RD LODI CA 95240 04302212 125 N CHURCH ST DELTA PACIFIC ENTERPRISES PO BOX 1360 LODI CA 95241 PLEASANTAVEABANDONOWNERS -TEVEN & AMANDA COTTRELL SAN JOAQUIN CO BETTY ANN PINNELL TR 25 N PLEASANT AVE 222 E WEBER ST 806 BEL AIR CT ODI CA 95240 STOCKTON CA 95202 LODI CA 95240 -OBBY B AMIN 20 N PLEASANT AVE ODI CA 95240 -ROTESTANT EPISCOPAL BISHOP ' 0 BOX 297 ODI CA 95241 =N I & C A BAUMBACH TR ET AL W ELM ST DI CA 95240 ,RVILLE & KAREN DEJONG ET AL 6040 N TECKLENBERG RD ODI CA 95240 4TAVEABANDON Aa AVERY® Address Labels 1ST CHURCH OF CHRIST SCIENTIST 322 W ELM ST LODI CA 95240 SUSAN ELAINE BURKE ET AL 11260 GOLFVIEW RD LODI CA 95240 BARBARA A VEERKAMP 6393 EMBARCADERO DR STOCKTON CA 95219 DELTA PACIFIC ENTERPRISES P 0 BOX 1360 LODI CA 95241 ST JOHN'S EPISCOPAL CHURCH P O BOX 297 LODI CA 95241 JAMES E & CAROL A DEAN TR 16 N CRESCENT AVE LODI CA 95240 FREDRICK P MEHLHAFF 2141 W LODI AVE LODI CA 95242 Clear Laser 566040 September 21, 2001 VIA FACSIMILE & FIRST CLASS MAIL City of Lodi City Hall P. O. Box 3006 Lodi, CA 95241-1910 Attention: I -I. Dixon Flynn, City Manager Public Works Director Community Development Center Re: Resolution No. 2001-213 Intent to Abandon Pleasant Avenue from Elm Street North to Alley Gentlemen: This letter is in response to the letter my office received on September 8, 2001, in reference to the above -captioned muter. As you may or may not be aware, my law office is located at 125 North Pleasant Avenue, which is the office immediately north of the alley on the west side of Pleasant Avenue. My office has been located at this address since 1989. Pleasant Avenue is a narrow street that runs in a north and south direction from Elm Street to Locust Street. Therefore, the access for my clients to drive to my office is to turn onto Pleasant Avenue from Elm Street. With the City's intent to abandon the 170 length of Pleasant Avenue from Elm Street north to the alley, it will in effect eliminate access for my clients to drive to my office. Because Pleasant Avenue is one way north, the only access that will be available to my office will be the alleyway entrance from either Church Street or possibly Lee Street. The location of my office was chosen for many reasons, such as easy accessibility from Elm Street and close proximity to the court and downtown. Simply put, the closure of Pleasant Avenue from Elm Street north to the alley will in fact make it extremely difficult for clients to have access to my office, Some of my clients are elderly, and access by use of an alleyway is not practicable. SEN 2 b 2001 `S102 ✓CC SCM HR Is LAW OFFICES OF -,,.1. ,. -CA ,CD _LIB PR STEVEN J. COTTRELL A PROFESSIONAL LAW CORPORATION EUD PD 125 NORTH PLEASANT AVENUE FIN �FD -7PW LODI, CALIFORNIA 95240 (209) 369-6212 \ com FAX (209) 369-5068 September 21, 2001 VIA FACSIMILE & FIRST CLASS MAIL City of Lodi City Hall P. O. Box 3006 Lodi, CA 95241-1910 Attention: I -I. Dixon Flynn, City Manager Public Works Director Community Development Center Re: Resolution No. 2001-213 Intent to Abandon Pleasant Avenue from Elm Street North to Alley Gentlemen: This letter is in response to the letter my office received on September 8, 2001, in reference to the above -captioned muter. As you may or may not be aware, my law office is located at 125 North Pleasant Avenue, which is the office immediately north of the alley on the west side of Pleasant Avenue. My office has been located at this address since 1989. Pleasant Avenue is a narrow street that runs in a north and south direction from Elm Street to Locust Street. Therefore, the access for my clients to drive to my office is to turn onto Pleasant Avenue from Elm Street. With the City's intent to abandon the 170 length of Pleasant Avenue from Elm Street north to the alley, it will in effect eliminate access for my clients to drive to my office. Because Pleasant Avenue is one way north, the only access that will be available to my office will be the alleyway entrance from either Church Street or possibly Lee Street. The location of my office was chosen for many reasons, such as easy accessibility from Elm Street and close proximity to the court and downtown. Simply put, the closure of Pleasant Avenue from Elm Street north to the alley will in fact make it extremely difficult for clients to have access to my office, Some of my clients are elderly, and access by use of an alleyway is not practicable. City of Lodi City Hall September 21, 2001 Page 2 of 2 To be quite candid, I read the paper and I am well aware that the City intends to proceed with their plan to develop the new police station and other related buildings. I am realistic enough to realize that, as a landowner directly impacted by the City's action, even though I object to the abandonment of that property, the City will proceed to abandon the property anyway and move forward with the development of the governmental buildings. Because of the City's action, problems are created for my office which need to be resolved. At one time, I had a conversation with the assistant city manager who was a guest speaker at my noontime Kiwanis meeting. When I explained the problem to her, her response was that the City could make Pleasant Avenue from the alleyway north a two way street. There was no discussion as to whether or not the two way street would expand past Locust to Lockeford Street. I would like to discuss with the City the available options for Pleasant Avenue north from the alley to Locust Street. The options available as I analyze the situation are as follows: (1) Make Pleasant Avenue two way traffic with no street side parking; (2) Make Pleasant Avenue two way traffic with street side parking on one side only; or (3) Make Pleasant Avenue one way in a southerly direction from Locust to the alley with street side parking on both sides of the street. Lastly, in my opinion, the closing of Pleasant Avenue from Elm Street north to the alley, could have a severe economic impact on the value of my property, depending on how the City resolves the traffic and parking issues. It would be totally unreasonable for the City to do nothing with Pleasant Avenue, which would in effect limit access to my office by way of an alley. I have brought this matter to your attention so that the City is aware of this obvious problem which will need to be addressed and resolved in an amicable and fair way. If any members of the City staff or council have any questions, please feel free to contact me at the phone number and address indicated above. Thank you for your time and consideration in reading my concerns herein. Very truly yours, STEVEN J. CO'ITRELL kb CITY COUNCIL ALAN S. NAKANISHI, Mayor PHILLIP A. PENNINO Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT Affected Property Owners CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov September 26, 2001 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Public Hearing to Consider Adopting a Resolution/Order to Vacate Pleasant Avenue, from Elm Street North to the Alley Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 3, 2001. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call Jeannie Matsumoto at 333-6800, ext_ 2661. Richard C. Prima, Jr." -x Public Works Director RCP/Im Enclosure cc: City Clerk NCSETPHPLEASANTAVEELMN2ALLEY >TEVEN & AMANDA COTTRELL SAN JOAQUIN CO BETTY ANN PINNELL TR 25 N PLEASANT AVE 222 E WEBER ST 806 BEL AIR CT .ODI CA 95240 STOCKTON CA 95202 LODI CA 95240 3OBBY B AMIN 20 N PLEASANT AVE _ODI CA 95240 'ROTESTANT EPISCOPAL BISHOP ' O BOX 297 _ODI CA 95241 ,EN I & C A BAUMBACH TR ET AL 3WELM ST DI CA 95240 DRVILLE & KAREN DEJONG ET AL 16040 N TECKLENBERG RD _OD1 CA 95240 SNTAVEABANDON An AVERYO Address Labels 1ST CHURCH OF CHRIST SCIENTIST 322 W ELM ST LODI CA 95240 SUSAN ELAINE BURKE ET AL 11260 GOLFVIEW RD LODI CA 95240 BARBARA A VEERKAMP 6393 EMBARCADERO DR STOCKTON CA 95219 DELTA PACIFIC ENTERPRISES P O BOX 1360 LODI CA 95241 ST JOHN'S EPISCOPAL CHURCH P O BOX 297 LODI CA 95241 JAMES E & CAROL A DEAN TR 16 N CRESCENT AVE LODI CA 95240 FREDRICK P MEHLHAFF 2141 W LODI AVE LODI CA 95242 Clear Laser 56600 yOF4O v� O DECLARATION OF MAIL ti F �9�IFOPC,`P RESOLUTION VACATING PLEASANT AVENUE FROM ELM STREET NORTH TO THE ALLEY On October 4, 2001 in the City of Lodi, San Joaquin County, California, 1 deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of Resolution vacating Pleasant Avenue, from Elm Street north to the alley, attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. 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 October 4, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmail/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI J11 4 XMNIFERYA. PERRIN IDEPUTY CITY CLERK CITY COUNCIL ALAN S. NAKANISHI, Mayor PHILLIP A. PENNINO Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND 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 October 4, 2001 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EXHIBIT A VACATION: TO VACATE PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY This is to inform you that the City Council at its regular meeting on October 3, 2001 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 Public Works Director Richard Prima at (209) 333-6706. Susan J. Blackston City Clerk SJBfjmp Enclosure cc: Public Works Director vacation/corresp/I Rcs V acation.doc PLEASE RECORD AND RETURN TO: Susan J. Blackston, City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-230 A RESOLUTION OF THE LODI CITY COUNCIL VACATING PLEASANT AVENUE, FROM ELM STREET NORTH TO THE ALLEY 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 5th day of September, 2001, pass and adopt Resolution of Intention No. 2001-213 therein declaring the intention of said City Council to vacate that portion of Pleasant Avenue, from Elm Street north to the alley, Lodi, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent 5 -foot public utility easement with an 11.5 -foot overhead easement be maintained along the north line of the street abandonment, and right therein to construct, maintain, repair, and operate lines for public utilities, both publicly and privately owned, in, over, and across said street, and more particularly described as follows, to wit: Pleasant Avenue, from Elm Street north to the alley 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, October 3, 2001, 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 October 3, 2001 City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that said portion of Pleasant Avenue, from Elm Street north to the alley, is 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 there is hereby abandoned that Pleasant Avenue, from Elm Street north to the alley, Lodi, California, and more particularly described as follows: Pleasant Avenue, from Elm Street north to the alley, Lodi, California, as shown on Exhibit A attached hereto. Reserving, however, and excepting from the vacation, a permanent 5 -foot public utility easement with an 11.5 -foot overhead easement be maintained along the north line of the street abandonment, and right therein to construct, maintain, repair, and operate lines for public utilities, both publicly and privately owned, in, over, and across said street. 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: October 3, 2001 I hereby certify that Resolution No. 2001-230 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 3, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Land ABSTAIN: COUNCIL MEMBERS — None lz�:z SUSAN J. BLACKSTON City Clerk 2001-230 CITY OF LODI"' J�IA r PLEASANT AVE. ABANDONMENT G I 4-j I � ' L I o I I Elm Street - f I -i I LOCUS•t St. Q = ctf T ELM ST v SCALE: 1' = 300' C SCALE: V = 40' Eel 1\ EXHIBIT B 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 AT&T 6343 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W. Yokuts Avenue Stockton, CA 95207 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 Certified copies to: Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department 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 Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/mi sc/nwi I ist.doc PLEASANT AVE. ABANDONMENT (ELM ST. NORTH TO ALLEY) PUBLIC HEARING MAILING LIST (300 FT. RADIUS) APN SITUS OWNER OWNER ADDRESS 03727014 302 W LOCUST ST COTTRELL, STEVEN & AMANDA 125 N PLEASANT AVE LODI CA 95240 03727016 303 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 03727018 315 W ELM ST SAN JOAQUIN, COUNTY OF 222 E WEBER ST STOCKTON CA 95202 03727038 310 W ELM ST LODI, CITY OF 04302201 220 W LOCUST ST PINNELL, BETTY ANN TR 806 BEL AIR CT LODI CA95240 04302202 120 N PLEASANT AV AMIN, BOBBY B 120 N PLEASANT AVE LODI CA 95240 04302208 207 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 04302209 211 W ELM ST LODI CITY OF CITY HALL LODI CA 95240 04302210 217 W ELM ST LODI, CITY OF CALL BOX 3006 LODI CA 95241 04302211 225 W ELM ST LODI CITY OF PO BOX 3006 LODI CA9 5241 04303109 210 W ELM ST LODI, CITY OF 03727030 322 W ELM ST 1ST CHURCH OF CHRIST SCIENTIST 322 W ELM ST LODI CA 95240 03727011 114 S LEE AV SAINT JOHNS EPISCOPAL CHURCH PO BOX 297 LODI CA 95241 03727012 310 W LOCUST ST PROTESTANT EPISCOPAL BISHOP PO BOX 297 LODI CA 95241 03727013 306 W LOCUST ST BURKE, SUSAN ELAINE ETAL 11260 GOLFVIEW RD LODI CA 95240 03727015 125 N PLEASANT AVE COTTRELL, STEVEN & AMANDA 125 N PLEASANT AVE LODI CA 95240 03727017 307 W ELM ST DEAN, JAMES E & CAROL A TR 16 N CRESCENT AVE LODI CA 95240 03727040 108 N LEE AVE BAUMBACH, GLEN I & C A TR ETAL 323 W ELM ST LODI CA 95240 03727041 321 W ELM ST BAUMBACH, GLEN I & CA TR ETAL 323 W ELM ST LODI CA 95240 04302203 116 N PLEASANT AVE VEERKAMP, BARBARA A 6393 EMBARCADERO DR STOCKTON CA 95219 04302206 109 N CHURCH ST MEHLHAFF, FREDRICK P 2141 W LODI AVE LODI CA 95242 04302207 101 N CHURCH ST DEJONG, ORVILLE & KAREN ETAL 16040 N TECKLENBERG RD LODI CA 95240 04302212 125 N CHURCH ST DELTA PACIFIC ENTERPRISES PO BOX 1360 LODI CA 95241 PLEASANTAVEABANDONOWNERS STEVEN & AMANDA COTTRELL SAN JOAQUIN CO BETTY ANN PINNELL TR 25 N PLEASANT AVE 222 E WEBER ST 806 BEL AIR CT .ODI CA 95240 STOCKTON CA 95202 LODI CA 95240 40BBY B AMIN 20 N PLEASANT AVE .ODI CA 95240 'ROTESTANT EPISCOPAL BISHOP O BOX 297 .ODI CA 95241 EN I & C A BAUMBACH TR ET AL 3 W ELM ST DI CA 95240 )RVILLE & KAREN DEJONG ET AL 6040 N TECKLENBERG RD .ODI CA 95240 3NTAVEABANDON 0AVERY® Address Labets 1ST CHURCH OF CHRIST SCIENTIST 322 W ELM ST LODI CA 95240 SUSAN ELAINE BURKE ET AL 11260 GOLFVIEW RD LODI CA 95240 BARBARA A VEERKAMP 6393 EMBARCADERO DR STOCKTON CA 95219 DELTA PACIFIC ENTERPRISES P O BOX 1360 LODI CA 95241 ST JOHN'S EPISCOPAL CHURCH P 0 BOX 297 LODI CA 95241 JAMES E & CAROL A DEAN TR 16 N CRESCENT AVE LODI CA 95240 FREDRICK P MEHLHAFF 2141 W LODI AVE LODI CA 95242 Clear Laser 56600