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HomeMy WebLinkAboutAgenda Report - February 6, 2013 C-11 PHAGENDA ITEM Ce, I k &J& CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Intent to Vacate the 200 Block of West Walnut Street Between Church Street and Pleasant Avenue and Set A Public Hearing for i=ebb-2A; 28-43 March 6, 2013 MEETING DATE: February 6, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution of intent to vacate the 200 block of West Walnut Street between Church Street and Pleasant Avenue and set a public hearing for FebF ary 20 2013 March 6, 2013. 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 as shown on Exhibit A. 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 of the local street network. The appraisal to determine the fair market value of the proposed vacation is currently being performed. The results of the appraisal will determine the purchase price and will be presented at the public hearing. Reconstruction of the alley north of Walnut Street between Church and Pleasant Streets as well as the traffic signal improvements at the intersection of Walnut and Church Streets will be required. The public benefit of the improvements may partially offset the purchase price. The proposed vacation was approved by the Lodi Planning Commission with conditions on Wednesday, December 12, 2012. Minutes of the December 12, 2012 Planning Commission Meeting are attached as Exhibit C. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. F. Wally Sa delin Public Works Director FWS/dw Attachments cc: Charlie Swimley, City Engineer/ Deputy Public Works Director Denise Wiman, Senior Eng. Technician APPROVED: radt Bartlam, City Manager RESOLUTION NO. 2013- 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, Foh-2oMarch 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 February 20, 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- 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 — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — RANDI JOHL City Clerk 2013- Page 1 of 1 Denise Wiman From: Bob Smith [bsmith@bennettdev.com] Sent: Wednesday, February 06, 2013 1:36 PM To: Denise Wiman Subject: St. Anne's Public Hearing Denise, We understand that the St. Anne's Street closure request is on the agenda at this evenings City Council meeting to schedule the Public Hearing on Feb 20. If possible, St. Anne's would like to schedule (postpone) the Walnut Street, Street Closure Public Hearing until the March 6 City Council meeting due to scheduling conflicts. Please let me know if this is possible and if we need to provide any additional request. Thank You! Bob L. Smith Parkland Construction Bennett Homes, Inc. P.O Box 1597 Lodi, CA 95241 Cell 209-663-9020 Direct 209-365-2426 Fax 209-334-6391 2/6/2013 RESOLUTION NO. 2013- 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 appear 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, FmebFuaFy 20 2013 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 February 20, 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- 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 — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — RANDI JOHL City Clerk 2013- C40 AGENDA ITEM �1 &-Q CITY OF LODI COUNCIL COMMUNICATION • TM AGENDA TITLE: Adopt Resolution of Intent to Vacate the 200 Block of West Walnut Street Between Church Street and Pleasant Avenue and Set A Public Hearing for February 20, 2013 MEETING DATE: February 6, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution of intent to vacate the 200 block of West Walnut Street between Church Street and Pleasant Avenue and set a public hearing for February 20, 2013. 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 as shown on Exhibit A. 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 of the local street network. The appraisal to determine the fair market value of the proposed vacation is currently being performed. The results of the appraisal will determine the purchase price and will be presented at the public hearing. Reconstruction of the alley north of Walnut Street between Church and Pleasant Streets as well as the traffic signal improvements at the intersection of Walnut and Church Streets will be required. The public benefit of the improvements may partially offset the purchase price. The proposed vacation was approved by the Lodi Planning Commission with conditions on Wednesday, December 12, 2012. Minutes of the December 12, 2012 Planning Commission Meeting are attached as Exhibit C. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. J, �v F. Wally andelin Public Works Director FWS/dw Attachments cc: Charlie Swimley, City Engineer/ Deputy Public Works Director Denise Wiman, Senior Eng. Technician APPROVED: nradt Bartlam, City Manager 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 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 RA JOHL City Clerk 2013-10 �Y 5t S 5 1 f = } 3 i An Now— =p'iGSI a S � }�E 3 � is t y� b rY f C i C }J MVNI #F Ac ,. h. y� SUBJECT: 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 PUBLISH DATE: SATURDAY, FEBRUARY 9, 2013 SATURDAY, FEBRUARY 23, 2013 LEGAL Alm TEAR SHEETS WANTED: One 11► please SEND AFFIDAVIT AND BILL TO: RAND[ 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&NIFER M. ORISON, CMC MARIA BECERRA ASSISTANT CITY CLERK ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File forms\advins.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, 306 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 RANDIJOHL 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. MARK, ME 0 N:\Administration\CLERK\Forms\DECPOST.DOC ORDERED BY: RANDI JOHL 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 X. DECLARATION 1 Oq</FOR�`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. JVNIFER M. 90131SON, 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 BOB JOHNSON 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. Rands 6 1 City Clerk RJ/jmr Enclosure cc: Public Works Director Community Development Director vacation/corresp/iReslntention.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 gir ;x a f 1 � 1 i:. z 3 VACATION / ABANDONMENT EXH I Ew 19T B 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 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 3729017WATSON, 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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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 WOODBRI CA 95258 3730013 COMBS, ROBERT F & JEAN M TR 600 W PINE ST LODI CA 95240 3730014 HERMOSILLO, TONY & CHRISTIA M 4554 HILDRETH LN STOCKY 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 LIVERMO 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 IST 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 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MARJORIE L TR 1118 TENEIGHTH WAY SACRAM CA 95818 4305016 MCCAULEY, MARJORIE L TR 1118 TENEIGHTH WAY SACRAM CA 95818 INGRUM, DANIEL B & CAROL 4305017 L TR 220 S SCHOOL ST LODI CA 95240 4305018 PRESSER, JAN 1415 MIDVALE RD LODI CA 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 4326004 DOWNTOWN LODI PARTNERS LLC 7663 E VIA DE VENTURA SCOTTSD AZ 85258 4326005 ROSA, RANDALL W & CHRISTIE C 115 S SCHOOL ST #6 LODI CA 95240 4326006 KIRSTEN, DAVID A & 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 115 S SCHOOL ST STE G LODI CA 95240 MEMORANDUM 0 Office of the Lodi City Clerk TO: Public Works Director FROM: Randi Johl City Cler 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