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Agenda Report - November 5, 2003 G-03 PH
2 MI 1 CITY op LOD! Im 040M AGENDA TlTLE-. Public Hearing to Consider ResoititionfOrder to Vacate Neuharth Drive and the South 300 Feet of Ackerman Drive MESTING DATE: November 5, 2003 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council, after reviewing the finding by the Planning Commission and the public comments from the subject public hearing, adopt a resolution approving the proposed abandonment pursuant to certain conditions and authorize the City Manager to execute agreements required to implement this abandonment. The area of the street to be abandoned is depicted on Exhibit A. BACKGROUND INFORMATION.- This street rights of way abandonment has been requested by the owner of 30 Neuharth Drive and 1841 Ackerman Drive to facilitate integration of food manufacturing operations into a single industrial compound. The owner is aware that certain public facilities (i.e., street improvements, storm drain inlets, fire hydrants, etc,) will revert to private ownership, and the owner has agreed to assume all maintenance responsibility. Numerous utility main lines exist in the street, and the entire right of way would be retained as a public utility easement. The owner is aware that dedication of right of way and construction of a new cul-de-sac is required to establish required truck circulation on Ackerman Drive, and the intersection of Neuharth Drive at Stockton Street will be converted to a driveway. Please see Exhibit A. These requirements are conditions of the abandonment and will need to be accomplished prior to filing the final abandonment. Maintenance responsibilities would be described in an agreement between the City and the property owner. The owner has agreed to dedicate all required new public utility easements and relocate any utilities at his expense. While our design standards would not normally permit a cul-de-sac in an industrial area, they are allowed with Planning Commission and City Council approval. Staff notes that Maxwell Street, which serves the north end of this area, was originally built as a cul-de-sac. One other (Mounce Street) currently exists in the City. The owner has paid the required fees to process this abandonment. Affected utilities are being notified of this proposed abandonment, and their approval will be required prior to the final action. The Planning Commission, at the October 22, 2003 meeting, reviewed the proposal to vacate this right of way and adopted Resolution P.C. 03-39 recommending City Council approval of the request. A copy of the resolution is attached. A Richard C. Prjma,, Public Works Director Prepared by F, wally Sandelin, City Engineer RCP/FWS/pmt Attachments cc: City Attorney Alan tallow, Electric, Utility Director Fran Farkas, WaterlWastewater Superintendent (--I�l-iAbar)dcm�—M,ixwellindL�str€aiPa,rk doc George Bradley, Street Superintendent Terry Knutsen, Cottage Bakery, Inc. io/28/03 �.PUBLIC WORKS DITARTAMENT' EXHIBIT A PROPOSED STREET ABANDONMENT 1 " = 300° M:\0PEN\EXHBITS103X050.dwg, 10/2712003 03:11:59 PM, kpither SO I TI N NO. P.0 3-39 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECONIMENDING CITE' COUNCIL APPROVAL CSP A REQUEST TO VACATE INNUEHARTH DRIVE AND THE SOUTH 300 FEET OF AC ER.INiAN RIVE. WHEREAS, EAS, the Plan. rung Commission of the City of Lodi has heretofore considered the request fog street vacation pursuant to the City Code and the: Streets and ffighway Code. WHEREAS, Cottage Bakery, property owners of 30-60 Neuharth Drive and 1841-1901 Ackerman Drive have requested the street to be vacated, WHEREAS, th�proposed vacation will not be detrimental to the City circulation system, and WHEREAS, the proposed vacation is in keeping with the principles of the Geneml Plan. NOW, THEREFORE. BE IT FOUND, DETERN[d1�tTED AND RESOLVED by the Planning Commission of the City of Lodi as follows: The Planning Conarnission hereby reconimends to the City Council Haat Neuharth Drive, and the south 300 feet of Ackerman Drive- be vacated. Dam: Octobe-r 22, 2003 I hereby certify Haat Resolution No. 03-39 was passed and adapted by the Planning Conuaiission of the City of Lodi at a regular meeting held on October 22, 2003 by the following vote: YES: Commissioners: Aguirre, Haugan, Heinitz, Moran, Phillips, White, and Chairman Mattheis NOES: Con-imissioners: ABSENT: Commissioners ABSTAIN: Commissioners: A TTT Sec rt ary, Mai �Coimii�mjssion 03-38neuh urth.doc CITY OF LODI Q..)TM Item No. C-3 COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Resolution/Order to Vacate Neuharth Drive and the South 300 Feet of Ackerman Drive (Supplemental Information) MEETING DATE: November 5, 2003 PREPARED BY: Public Works Director The staff report on the proposed road abandonment describes some understandings and requirements associated with approval of the abandonment. To clarify and memorialize these, staff has prepared the following "Conditions of Approval" for the Council to consider in determining their action on this matter. These conditions would need to be met by the applicant as part of the abandonment process at the appropriate time. Conditions of Approval 1. Prepare public improvement plans for a new industrial cul de sac at the south end of Ackerman Drive and conversion of the Neuharth Drive street entrance to a private driveway, all per City Standards. 2. Execute Public Improvement Agreement with the City, provide surety and insurance for the improvements and pay all applicable fees prior to the start of construction of public improvements. 3. Execute maintenance and operations agreement with the City including provisions for: • separation of private facilities from public utilities to the approval of the Public Works Director; fencing and operation of Ackerman Drive cul-de-sac access for backup/emergency use only; • location and operation of Stockton StreettNeuharth Drive private entrance to prevent queuing of vehicles onto Stockton Street. 4. Merge existing parcels into a single parcel, retain all necessary public utility easements, and provide new public utility easements as required by all public utilities. Some other questions raised about this proposal have focused on the legal basis for the abandonment and value of the land. The California Streets and Highways Code is the basis for road abandonment and applicable sections of the Code are shown below. (Much of the code deals with the notice and hearing process, or with State highways trails and other agencies and has been omitted) 8310. This part shall be liberally construed in order to effectuate its purposes. 8312. Except as provided in Section 8315, a city legislative body may vacate, pursuant to this part, all or part of a street, highway, or public service easement within the city and a board of supervisors may vacate all or part of a street, highway, or public service easement within the county but outside a city. APPROVED: H. Dixon Flynn -- City Manager CPHAbandon MaxwelllndustrialPark—Supinfo.doc 11/05/03 Public Hearing to Consider Resolution/Order to Vacate Neuharth Drive and the South 300 Feet of Ackerman Drive (Supplemental Information) November 5, 2003 Page 2 8316. One or more streets, highways, and public service easements, whether or not contiguous, may be included and vacated in the same proceeding. 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. 8351. Except as otherwise provided in Chapter 5 (commencing with Section 8340) or in this chapter, upon the vacation of a street, highway, or public service easement: (a) If the public entity owns only an easement for the street, highway, or public service purpose, title to the property previously subject to the easement is thereafter free from the easement for use for street, highway, or public service purposes, but not from any easement for vehicular or nonvehicular trail use that the public entity has previously granted to any other state or local public agency. If the easement is abandoned by resolution of the state or local public agency that was granted an easement for vehicular or nonvehicular trail use, the title to the property previously subject to the vehicular or nonvehicular easement is thereafter clear of the easement. (b) If the public entity owns the title, the legislative body may dispose of the property as provided in this chapter. The key is the public hearing in section 8324 (b) in which the Council would have to find that the street is "...unnecessary for present or prospective public use." This is not the same as "convenient" and gives the City Council some latitude in this matter. Since these streets were dedicated for public use as part of an industrial subdivision, the City did not acquire fee title to this land. Thus section 8351 (b) does not apply. The property reverts back to the adjacent property owner. Richard C. Prima, . Public Works Director Prepared by Richard Prima, Public Works Director RCPlpmf CPHAbandon_MaxwelllndustrialPark_supinfo.doc 11/5/2003 PLEASEORS? AN TURN TO: Su�ah J. lackston� City Clerk P.O. Box 3006 . L.csdi, CA 95241-1010 ,P - j a 01 %14,4 r WHEREAS, this City Council, acting in accordance with provisions of Part III of Division 9 of the Streets acid I-lighw ys Code of this State, did on tete 15th day of October, 2003, pass and adapt Resolution. of Intention No. 2003-194 therein declaring the intention of said City Council to vacate and abandon the 50 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Paris," Lodi, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over, and across said vacated public street rights of way and more particularly described as follows, to wit: The 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman give, a portion of "Maxwell" Industrial Park," .Lodi, California, County of San Joaquin, Mate of California, as shown on Exhibit A attached.. WHEREAS said notice of said: intended vacation was regularly given by publication and by posting, beth in time, form, ami manner as required by law as is evidence by affidavits on file and on record in the office of the City Cleric of the City of Lodi; and WHEREAS, its accordance with the previsions stated herein and also contained in the posted notices of the adoption at said resolution, notice was given that a public hearing would be hold before the City Council in the City Council Chambers, Carnegie Forum, 305 West Rine Street, Lodi, California, beginning at 7:00 p.m. on Wednesday, November 5, 2003, 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 bearing was held and conducted and testimony received for and agatlnst the vacation contemplated; and WHEREAS, at the November , 20.03, City Council meeting, from the evidence submitted, the City. Council of tfte City of Lodi did determine that the 50 -foot public street rights of way of Neuharth Drive and. the south 300 feet of Ackerman Drive, a portion of "Maxwell'," Industrial mark," Lodi, California, County of San Joaquin, State of California, will be unnecessary for present Or future public use and did so find and declare; and WHEREAS, the Planning. Comm is.son did find that the subject vacation was consistent with the General Plait of the City of Lodi. NOW, THEREFORE, BE IT RESOLVED that pursuant to the findings and under the authority of Section 8323 of the Streets and Highways Code of the State of California, that the vacation of the 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park," Lodi, California, County of San Joaquin, State of California, shall be abandoned upon completion and acceptance by the City of the following requirements and conditions of approval: 1 . Prepare public improvement plans for a new industrial cul de sac at the south end of Ackerman Drive and conversion of the Neuharth Drive street entrance to a private driveway, all per City standards. 2. Execute Public Improvement Agreement with the City, provide surety and insurance for the .improvements, and pay all applicable fees prior to the start of construction of public improvements. 3. Execute maintenance and operations agreement with the City including provisions for: separation of private. facilities from public utilities with the approval of the Public Works Director; fencing and operation of Ackerman Drive cul-de-sac access for backuplemergency use only; and location and operation of Stockton Street/Neuharth Drive private entrance to prevent queuing.of Vehicles onto Stockton Street. 4. Merge ..existing. parcels,. into a single parcel, retain all necessary public utility easements, and provide new public utility easements as required by all public utilities. 5. That the City Council hereby authorizes the City Manager to execute agreements to implement this abandonment; and 6. Owner shall dedicate right. of way and construct new cul de sac to establish required .truck circulation on Ackerman Drive prior to the final recording of this Resolution approving the vacation/abandonment, and 7. The intersection of Neuharth Drive at Stockton Street will be converted to a driveway prior to the final recording of this Resolution approving the vacation/abandonment; and a. Reserving, and excepting from the vacation, a permanent and right therein to construct, maintain,. repair, and operate lines" for public utilities., in, over, and across the entire right of way, and .nobuildings orstru ctures: shall be constructed nor shall anything be planted within the as men . t which would int (fere with the use or operation of public utilities in the easement; and 9. The City Council approval of this Resolution will become null and void if all requirements and conditions of approval are not met. 10. Filing of this Resolution to Vacate in the office of the County Recorder will not take place until all requirements and conditions of approval are met. 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:. November 5, 2003 -207 was passed and adopted by t City I hereby certify that Resolution No. 2003 he Council of the City of Lodi in a regular meeting held November 5, 2003, by the following vote: AYES. COUNCIL MEMBERS — Beckman, Hansen, Howard, and Land NOES: COUNCIL MEMBERS — Mayor Hitchcock ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J..BLACKS ON City Clerk 2003-207 ,ad aozg6 VIO - O '100., S3M €z S .33 iON3 IIAK an .1 r: 0 N 00'05' 9 ARTERSECTION UN e y.co' receqIt;::� th 4ax.. yvall' CITY OF LORI P. 0. BOX 3006 LORI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS aUBJECT: RESOLUTION OF INTENTION TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE, A PORTION OF MAXWELL INDUSTRIAL PARK ity'asma-a DATED- THURSDAY., OCTOBER 16, 2003 JACQUELINE L. TAYLOR DEPUTY CITY CLERK PiecLse- 1. :Fb forms,vad vi lls'doc PUBLIC HEARING NOTICE AESOLUTION OF INTENTION TO VACATE NEUHARTH DRIVE AND TH1; SOUTH 300 FEET OF ACKERMAN DRIVE On Thursday, October 16, 2003, in the City of Lodi, San Joaquin County, California, a copy of Public Hearing notice — Resolution of Intention to Vacate Neuharth Drive and the south 300 feet of Ackerman Drive (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 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16, 2003, at Lodi, California. Patricia Ochoa Administrative Clerk Jacqueline L. Taylor Deputy City Clerk Jennifer Perrin Deputy City Clerk 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 vacate and abandon the 60 -foot street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive of "Maxwell Industrial Park" as recorded on April 19, 1979, in Book of Maps and Plats, Volume 24, Page 47, San Joaquin County Records, and as shown on Exhibit A attached hereto and thereby made a part hereof; and Pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest in 40 Neuharth Drive and 1841 Ackerman Drive, as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: BE IT FURTHER RESOLVED that this matter shall be referred to the Planning Commission for approval; and BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, November 5, 2003, 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 vacation may appear before this City Council and be heard; and BE IT FURTHER RESOLVED that the Public Works Director shall cause to be posted notices of easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated 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 BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to November 5, 2003, in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin, Dated. October 15, 2003 I hereby certify that Resolution No. 2003-194 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 15, 20039 by the following vote: AYES. COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock NO S: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN tel. BLACK ON City Clerk 111GREM CITY- OF LOQDI \V0R.KS EXHIBIT A PROPOSED Sl"REET ABANDONMENT I" = 300' 09110/2003 08:60:48AM, kq4ilher HEMORANDUAI TO: Public Works Director FROM: Susan J. lack ton <fls7 City Clerk 11*11, " �'.qIMIIffANPIM Please be advised that the City Council, at its meeting of October 15, 2003, adopted the attached resolution declaring its intention to vacate Neuharth Drive and the South 300 feet of Ackerman Drive and set the matter for public hearing on November 5, 2003. 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. SJB/JMP Attachment vacation/cox-rts))/mpostin�,,.doc MEMORANDUM QffLice o 0 1 the Lodi CULCIerk TO: Community Development Director FROM: Susan J. Blackston City Clerk DATE: October 16, 2003 SUBJECT: A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE Please be advised that the Lodi City Council, at its regular meeting of October 15, 2003, adopted a resolution declaring its intention to vacate Neuharth Drive and the south 300 feet of Ackerman Drive (attached). Further, the City C6uncil referred the matter to the Planning Commission for its recommendation and set the matter for a Public Hearing before the Lodi City Council on November 5, 2003. SJB/JMP Attachment cc w/o anc, Publit Works Department vacation\cwap\mp1ancom.doc ��WMMXWA PUBLIC HEARING NOTICE ,M wl #. On October 16, 2003, 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 Public Hearing notice — Resolution of Intention to Vacate Neuharth Drive and the south 300 feet of Ackerman Drive, 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 16, 2003, at Lodi, Calitornia. JACQUELINE L. TAYLOR DEPUTY CITY CLERK CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D, HANSEN CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 KEITH LAND LORI, CALIFORNIA 95241-1910 (209)333-6702 FAX(209)333-6807 citycirk9lodi.gov October 16, 2003 T. Interested Parties H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney rXHlSiTAI VACATION: TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE This is to inform you that the City Council, at its regular meeting on October 15, 2003, adopted a Resolution of Intention to vacate Neuharth Drive and the south 300 feet of Ackerman Drive and set a public hearing for November 5, 2003. Enclosed for your information is a certified copy of the resolution along with a map of the area to be abandoned. Should you have questions regarding the abandonment, please contact Publi# Works Director Richard Prima at (209) 333-6706, Susan J, Blackstor City Clerk S,JB/jmp Enclosure cc: Public Works Director Community Development Director vac ciionlcorres{ In towion Am, l 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 vacate and abandon the 60 -foot street rights of way of Neuharth Drive and the south 300 feet of Ackerman give of "Maxwell Industrial Park" as recorded can April 19, 1979, in Book of Maps and Flats, Volume 24, Page 47, San Joaquin County Records, and as shown on Exhibit A attached hereto and thereby made a part hereof, and Pursuant to the requirements of Government Code Section 27233.1, the name of the owner of the title or interest in 40 Neuharth ®rive and 134.1 Ackerman Drive, as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: BE IT FURTHER RESOLVED that this matter shall be referred to the Planning Commission for approval; and BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, November 5, 2003, 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 vacation may appear before this City Council and be heard: and BE IT FURTHER RESOLVED that the Public Works Director shall cause to be pasted notices of easement vacation conspicuously along the lime of the easement hereinabove described and proposed to be vacated in the manner, form, and for the length of time set forth in Section 6323 of the Streets and Highways Code of the State of California; and BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to November 5, 2003, in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published its the City of Lodi, County of Sari Joaquin. Dated: October 15, 2€ 03 I hereby certify that Resolution No. 2003-194 was passed and adapted by the City Council of the City of Lodi in a regular meeting held October 15, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hanson, Howard, Land, and Mayor Hitchcock NOES: COUNCIL MEMBERS — done ABSENT. COUNCIL MEMBERS — None The rorc.-oing doc'ufneM is AIWTNe a c,,,PP JNCIL MEMBERS -- None cony of the originzi on file in the Cite Cluk`s Office. '®`- cnnifer M. Parin Deputy City Clerk, City of Lodi C"ITY OF LODI EXHIBIT.A PROPOSED STREl-'-lT ABANDONMENT V = 300' MA0PEWEXH8lTSk0aX050,dwq, 09/10!2003 08-.60:48AM, k9aither S R1 SbLUTfON OF INTENTION Q Public Hearing) Certified cow w1cov r letter to: PGCE 12 W. Pias Street Lodi, CA 95240 TT 6343 Tari O' h nter Drive Stockton, CA 9521 Pacific Bell 44 W. Yokota Avenue Stockton, CA 95207 R 0. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn. Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 s *. j:�,; � ". I!>; r�iflC � vV/�csvr ltt�r: E�acatianfznzsclmaa list.ciac ALLENDER DONNA L AWNALLAH ALI BACON MELTON L & KATHERINE 1855 WREN CT 211 E CENTURY BLVD 11191 CALABASH AVE LODI CA 95240 j [ LODI jj CA 96240 {FONTgANA CA 92336 Ii61€€€1k11te111k13€lll€€€1 �Yk€l I1flf E€1 klf EE%€�€I kl61i EI€Ilk€11 11BlPt-tklilFF11€3F1 �43EIFIIIi€-I1 BALL DOUGLAS W 2661 PARADISE DR LODI CA¢ 9524.2 II€�€Eilkl€RpI€l€lPplt€13111€IEI CALDERON DAVID L & ROSIE I 1815 BLACKBIRD CT LOIN CA 95240 11€�€itl€1€371t1p1$il111H311€€€1 CRYSTAL ENTERPRISES LIQ PO BOX. 1259 OODBRIDGE C[ A 195258 11€1i7P161R€€1l1P13161El1p€€5111- DUNCAN PATRICIA L 643 PERL EGOS WAY LODI CA 95240 Il§17€€1€1€kEIFIEI€€ 111€4€114,p1 CFLIP IV LTD PTP 920 S CHEROKEE SMITE A LODI CA 96240 § j { 11€1€F4I€I€pFl6l€1€1111€E911P€€€ CSU T IERREZ MARGARITA 1830 S SACRAMENTO ST LODI CA 95240 I1€li€€01€€3111€1€11111€€llik€1 HOSSON MARK C & LEIGH O 1864 WREN CT LODI CA 95240 11PIiE€1313€€lilElH7111€€tll€€31 KAFELE MALIK HAKEEM 539€3 COUNTRY VIEW DR RICHMOND CA 94803 IIRIE€7IE1110111I1k1 €71111€11€11 BEADLES ROBERT D & NICOLE C 220 MEADOWLARK WAY LOCI CAjj 95240 jjj[ j 1161 EF Elf If36i71E1361I11€€11,€€1 CAMPER GLENN E & ,JANIS B 1919 S STOCKTON ST LODI CA 95240 llpl36€It1€€€I€17((€3113€F11€€31 DEMPEWOL.F MICHAEL 227 E CENTURY BLVD LODI CA 95240 ] [ 1141€33111€€€1E131F1111t1€113€Il BISHOP MARION P ETAL 128 ADOBE CT {LODI CAj 95240 ].{ 11€13tk1€lf€F1(1$1p€1113€k11FIEl CHAVEZ DAVM & TERESA 1018 S SACRAMENTO ST LODI CA 95240 11f1€E€1€�€€€BFI€1€€111,€€IIE€,1 & DOROTHY DIAB FAROUK & SAHIRA 10608 OAKWILDE AVE SppTOC [KTON gCA 95212 1631ipF1H1€FF111F3€11 $,1P1€3€111 FLORES DONATO & M D C 1938 ANDERSON AVE LODI CA 95240 11€1F3€1711€€€1€1€F11I3€3113111 GILL SANTC)KH K 2232 STARLING WAY LODI CA 95240 1111E€1(013€Pl€li1€1111$$,11€k€I HAAS JOHN & KATHLEEN 210 MEADOWLARK WAY LODI CA 95240 11€I€€Elft€€E1€1011111111€1113€1 HOOVER CLIFFORD & L M 1824 S SACRAMENTO ST LODI CA 95240 1331€P$131t€€IPIiI€€11$,€11€711 KISHIDA GEORGE JR ETAL 1725 ACKERMAN DR LODI CA 95240 I{€10331€IPR$I€I€131111€1€11fFf1 OAMBLIN K DOUGLAS & R V TR 3444 E JAHANT RD ACAMPO CA 95220 11€1€t€1€1€III€I€III III II1011€II GRIFFIN MARY LOU TR 780 CORONADO LN FOSTER CITY CA 94404 11€113$1111€111lilt I€€ III131$II HIDALGO DAVID HORTENCIA 216 MEADOWLARK WAY LODI CA 95240 I1€1FiPlf11€€1€111€€111€€01lFFPl JORDAN CLAUDIA K 1923 ANDERSON AVE LODI CA 95240 11€11F31t1$B01FI€118111€€311€,31 KLARICH JOHN R & MARY L 1812 S SACRAMENTO ST LODI CA 95240 llfl,€Y1F17Etlkl€11f111f€1i1k3F1 KLOPSTEIN DANA J KNUTSON TERRY R & ROSE TR LEEDY FOSTER 9819 BLACKBIRD CT FSO BOX 1720 PO BOX 1271 LODI CA 95240 LODI CA 95241 LODI CA 95241 11€lE€7131tFp1€lil€E1lliktlllp6l 11€11,71€I0f€1E171P€lfi€11111€EI 11P17€3111€€31€1B13tliiHlll3l€E1 L.IU ALLEN H LODI HUTCHINS a STREET ASSOC MARKLE RONNIE G & PATRICIA 611 ORANGE DR 1420 S MILLS AVE #M 513 CONNIE ST V[ApCAV[ILjj9L9E gCgA 958g6@ 7 LODI[ CA€ $9$5jj242gg jjpp @LODI9 CA {95¢24(0 j I[3IEEt I$�k. 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[ IIFIk€kldl€€tIIFIlkkl€Ilf€ll€€@I WEISZ BYRON L TR ETAL WEISZ WAYNE & MICHELLE WELK PAUL JAMES & SANDRA K 1615 S STOCKTON ST 2700 WATT AVE RM 2305 15880 N CURRY AVE LODI CA 95240 SACRAMENTO CA 95821 LODI CA 95240 1[€1€€€161k@tI$Ik1f11II$EF1IEEtI II€IdEkIF§YIE€I€€€ItIE€€II€I@I€I 11€I€€€111991111€Itklll€lkll€€kl OCCUPANT OCCUPANT OCCUPANT 1942 S AND RSON AVE 1936 S ANDERSON AVE 1930 S ANDERSON AVE LOD! 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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 November 12, 2003, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK PATRICIA OCHOA ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI AA 'ou fwe NIFER . PERRIN D PUTY CITY CLERK CITY.COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN 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 cityclrk0lodl.gov November 12, 2003 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EXHIBIT Al VACATION: TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE This is to inform you that the City Council at its regular meeting on November 5, 2003, considered the above matter and voted to adopt a resolution vacating Neuharth Drive and the south 300 feet of Ackerman Drive subject to certain requirements and conditions of approval. Enclosed for your information is a certified copy of the resolution along with Exhibit A, maps of the Ackerman Drive and Neuharth Drive abandonments. Should you have questions regarding the abandonment, please contact Public Works Director Richard Prima at (209) 333-6706. Susan J. Blackston City Clerk SJ6CmP Enclosure cc: Public Works Director vacatio&corvsp nNeuharth.dm PLEASE RECORD AND RETURN TO: NOT TO BE RECORDED UNTIL Susan J. Blackston, City Clerk CONDITIONS OF ABANDONMENT P.O. Box 3006 HAVE BEEN COMPLETED. Lodi, CA 95241-1910 RESOLUTION NO. 2003-207 A RESOLUTION OF THE LODI CITY COUNCIL VACATING NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REQUIRED TO IMPLEMENT THIS ABANDONMENT WHEREAS, this City Council, acting in accordance with provisions of Part III of Division 9 of the Streets and Highways Code of this State, did on the 15th day of October, 2003, pass and adopt Resolution of Intention No. 2003-194 therein declaring the intention of said City Council to vacate and abandon the 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park," Lodi, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over, and across said vacated public street rights of way and more particularly described as follows, to wit: The 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park," Lodi, California, County of San Joaquin, State of California, as shown on Exhibit A attached. 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, November 5, 2003, 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 November 5, 2003, City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that the 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell' Industrial Park," Lodi, California, County of San Joaquin, State of California, will be unnecessary for present or future public use and did so find and declare; and WHEREAS, the Planning Commission did find that the subject vacation was consistent with the General Plan of the City of Lodi. NOW, THEREFORE, BE .IT RESOLVED that pursuant to the findings and under the authority of Section 8323 of the Streets and Highways Code of the State of California, that the vacation of the 60 -foot public street rights of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park," Lodi, California, County of San Joaquin, State of California, shall be abandoned upon completion and acceptance by the City of the following requirements and conditions of approval: 1. Prepare public improvement plans for a new industrial cul de sac at the south end of Ackerman Drive and conversion of the Neuharth Drive street entrance to a private driveway, all per City standards. 2. Execute Public Improvement Agreement with the City, provide surety and insurance for the improvements, and pay all applicable fees prior to the start of construction of public improvements. 3. Execute maintenance and operations agreement with the City including provisions for: • separation of private facilities from public utilities with the approval of the Public Works Director; • fencing and operation of Ackerman Drive cul-de-sac access for backup/emergency use only; and • location and operation of Stockton Street/Neuharth Drive private entrance to prevent queuing of vehicles onto Stockton Street, 4. Merge existing parcels into a single parcel, retain all necessary public utility easements, and provide new public utility easements as required by all public utilities. 5. That the City Council hereby authorizes the City Manager to execute agreements to implement this abandonment; and 6. Owner shall dedicate right of way and construct new cul de sac to establish required truck circulation on Ackerman Drive prior to the final recording of this Resolution approving the vacation/abandonment; and 7. The intersection of Neuharth Drive at Stockton Street will be converted to a driveway prior to the final recording of this Resolution approving the vacation/abandonment; and 8. Reserving, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate lines for public utilities, in, over, and across the entire right of way, and no buildings or structures shall. be constructed nor shall anything be planted within the easement which would interfere with the use or operation of public utilities in the easement; and 9. The City Council approval of this Resolution will become null and void if all requirements and conditions of approval are not met. 10. Filing of this Resolution to Vacate in the office of the County Recorder will not take place until all requirements and conditions of approval are met. Reference is hereby made to a map or plan on file. in the office of the City Cleric of the City of Lodi for the particulars as to the proposed vacation. Dated: November 5, 2003 I hereby certify that Resolution No. 2003-207 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 5, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, and Land NOES: COUNCIL MEMBERS — Mayor Hitchcock ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None The foregoing document is certified to be a correct copy of the original ou Me in the City Clerk's Office. Jennifer A Perrin_. DeputyCity Clerk, City of Lodi l Ely" QedjMA Dated: 1U111183, . SUSAN J. BLACKSTON City Clerk 2003-207 VACATION /ABANDONMENT [EXH-1-B.ITBI MAILING LIST RESOLUTION OF INTENTION (Sefting Public Hearing) Certified copy wlcover 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 co wlcover 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/misdmailist.doc EXHIBITA ALLENDER DONNA L AWNALLAH ALI BACON MELTON L & KATHERINE 1855 WREN CT 211 E CENTURY BLVD 11191 CALABASH AVE LODI CA 9524[0 LODI CA 95240 FONTANA CA 92336 IIIII IIIII„ (III, 111111111111111 II[I11lI1111111IIII1111111111111 III 11 111 llflll 11 11 111 lllllflll 11 BALL DOUGLAS W BEADLES ROBERT D & NICOLE G BISHOP MARION P ETAL 2661 PARADISE DR 220 MEADOWLARK WAY 128 ADOBE CT LODI CA 95242 LODI CA 95240 LODI CA 95240 11lflllllllllflfllllllllllllllll 1111111111k1k1111111111111111111 1111111111111111111111IIIIIIIIII CALDERON DAVID L & ROSIE I CAMPER GLENN E & JANIS B CHAVEZ DAVID & TERESA 1815 BLACKBIRD CT 1919 S STOCKTON ST 1818 S SACRAMENTO ST LODI CA 95240 LODI CA 95240 LODI CA 95240 1111111111111111111 F111111111111 II,11111111111,11111111111111111 11111111111111E 1111llllll111,111 CRYSTAL ENTERPRISES LP DEMPEWOLF MICHAEL & DOROTHY DIAB FAROUK & SAHIRA PO BOX 1259 227 E CENTURY BLVD 10608 OAKWILDE AVE WOODBRIDGE CA 95258 LODI CA 95240 STOCKTON CA 95212 II111111111111111111111111111111 flllllll, Il li 11 11 lllllllllll, l,l Illllllllfllllllllrll,1111111111 DUNCAN PATRICIA L FLORES DONATO & M D C GAMBLIN K DOUGLAS & R V TR 643 PERLEGOS WAY 1938 ANDERSON AVE 3444 E JAHANT RD LODI CA 95240 LODI CA 95240 ACAMPO CAj 95220 II11t111t11111lIIIIIIIIIIIIIIEII IIIIIIIIIIIE11111111111111111111 IIIIIIIIII1111111111fI1111111111 GFLIP IV LTD PTP GILL SANTOKH K GRIFFIN MARY LOU TR 920 S CHEROKEE SUITE A 2232 STARLING WAY 780 CORONADO LN LODI CA 95240 LODI CA 95240 FOSTER CITY CA 94404 Illlllllllllllllllllllllli111111 IIIIII111I11IIIIII(IIIII„ 111111 1111111I11111111111I1111lIIlII11 GUTIERREZ MARGARITA HAAS JOHN & KATHLEEN HIDALGO DAVID & HORTENCIA 1830 S SACRAMENTO ST 210 MEADOWLARK WAY 216 MEADOWLARK WAY LODI CA 95240 LODI CA 95240 LODI CA 95240 II,11111111111111111111111111111 IlllllllllrlFlllllr1111111111111 11111111111111111111111111111111 HOBSON MARK C & LEIGH G HOOVER CLIFFORD & L M JORDAN CLAUDIA K 1864 WREN CT 1824 S SACRAMENTO ST 1923 ANDERSON AVE LODI CA 95240 LODI CA 95240 LODI CA 95240 IIIf111111111111111f111111111111 IIf I1111111111111Illll llllflllll 1111111111111111111, 1111111111lI KAFELE MALIK HAKEEM KISHIDA GEORGE JR ETAL KLARICH JOHN R & MARY L 5398 COUNTRY VIEW DR 1725 ACKERMAN DR 1812 S SACRAMENTO ST RICHMOND CA 94803 LODI CA 95240 LODI CA 95240 11111111k1111k111111111111111111 1111,1,1111111111111111111111111 1111111111111111klltlllli1111111 KLOPSTEIN DANA J KNUTSON TERRY R & ROSE TR LEEDY FOSTER 1819 BLACKBIRD CT PO BOX 1720 PO BOX 1271 LODI CA 95240 LODI CA 95241 LODI CA 95241 flllllllllllll,I,I,IIIIIIIILiII IIIIIIIIILIrIIIIIrII111111J111 IIIIIIILIII,IIIILIII11111111lI LIU ALLEN H LODI HUTCHINS STREET ASSOC MARKLE RONNIE G & PATRICIA 611 ORANGE DR 1420 S MILLS AVE #M 513 CONNIE ST VACAVILLE CA 95687 LODI CA 95242 LODI CA 95240 IlEillllllrlllrllllilllllllltlll 11, 11tJ11l,II,I,IIILIIIIL1111 II111111111111[1111111111111till MAXWELL PROPERTIES 20632 VERCELLI WAY PORTER RANCH CA 91326 1111r111rii1rii111i1i11lltill111 MONROE ROGER C & VICTORIA 221 E CENTURY BLVD LODI CA 95242 II11111111111111111111111I 111111 PAUKERT LARRY R TR 1841 BLACKBIRD PL LODI CA 95240 11,1111111111111111I1i111111111I ROMERO RICHARD & SUSIE 2037 SQUIRE WAY LODI CA 95240 111111111111111IIIItIIl111111111 SANTOYO GUSTAVO & LAURA A 1805 BLACKBIRD CT LODI CA 95242 IIIIIIII III1111IIIIII11111111111 SEVERSON CLARENCE C & L 2050 TIENDA DR LODI CA 95242] I E Il lllllllllllllll lllll1111111111 STEPHENS ANDREW & MARGARET 2328 WINTERGREEN CT LODI CA 95242 ] II1111111111111111111111 F111111I VALENSIN RANDY & LYNNE 79-750 RANCHO LA QUINTA DR LA QUINTA CA 92253 111Lr1r1111111LIJ1111111111ti MCCELLON TAMMY 8 SCHLENKER DR LODI CA 95240 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PAGOLA JEAN P 1823 BLACKBIRD CT LODI CA 95240 iililtlili,Ili,Ili „ iiltitilllll POUTRE PAUL & RHONDA 1835 BLACKBIRD PL LODI CA 95240 II111111111111111111111111111111 ROUPPET GARY E 1581 S STOCKTON ST LODI CA 95240 11111111 pill 111111 11 SCHAMBER CHRISTOPHER B 2 SCHLENKER DR LODI CA 95240 111111111111111111111111,1111111 SPRAKE ROBERT G & ANNA L 217 MEADOWLARK WAY LODI CA 195240 11111111111, 111111131111E 1111111 TONKS JEFFREY M & CATHY M 4908 SIR EDWARDS CT FAIR OAKS CA 95628 IItIlIEI111111111111111111111111 VANOVER GILBERT JAY TR ETAL 1536 VALENCIA AVE STOCKTON CA 95209 1111rIIIIII111111IIIIIIIIIII1111 MOITOSO MANUEL & REBECCA 202 MEADOWLARK WAY LODI CA 95240 11111111111111111111111111111111 PASSMORE JOSHUA E & AMBER 1828 BLACKBIRD CT LODI }CA 95240 I111r11111111I1I11,1111, 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IIIIIIIIII1111I IIl1IIIIlII IIIIFIII IIIIIII IlIl1III M II M OCCUPANT OCCUPANT OCCUPANT 1922 S ANDERSON AVE 1875 BLACKBIRD 1625 S STOCKTON ST LODI CA 95240 LODI CA 95240 LODI CA 95240 Illllllllilllllilllllil111llIlll !llilllflllllllf1f11flllllllltll I11IIIIIIIIIIf1I1IlIIII111I1111I OCCUPANT OCCUPANT OCCUPANT 1730 S ACKERMAN DR 1717 S STOCKTON ST 1918 S CHURCH ST LODI CA 95240 LODI CA 95240 LODI CA 95240 II111l1lJtllllllltlllllllllllll IIILItI,II,IIJJlllllllllllltl lIIIIttIJt111tI1L1llltl,llltll OCCUPANT OCCUPANT OCCUPANT 43 MAXWELL. ST 1709 S STOCKTON ST 215 E ALMOND DR LODI CA 95240 LODI CA 95240 LODI CA 95240 lllllllllllllllllllllllllllll,ll IIlIl1lIIIl1lIJJlI1111111I1,11 II111!llJlllfllJIIIILIIIf!!!I OCCUPANT OCCUPANT OCCUPANT 1744 N ACKERMAN DR 33 MAXWELL ST 27 E MAXWELL ST LODI CA 95240 LODI CA 95240 LODI CA 95240 IIIIIEtIIl111l1l1llllllllliillli IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IlIIIIIIIIIIIIIIIIIIIIl111lI111! OCCUPANT OCCUPANT OCCUPANT 23 E MAXWELL ST 1617 S ACKERMAN DR 1620 AMERICAN DR LODI CA 95240 LODI CA 95240 LODI CA 95240 IIIIIIIIIf111fIfIf11IllllIIIIIII IIII11tf1I111I1IIIIIIIIIIIIIIIII IlllIIIIIIiIIIIIIIIlII11[IIIIIII OCCUPANT OCCUPANT OCCUPANT 1702 S ACKERMAN DR 1797 S STOCKTON ST 1801 S ACKERMAN DR LODI CA 95240 LODI CA 95240 LODI CA 95240 I IIIIIIIIIIIIIIIIIIIIIII II Illllll II111111i1i1llllllllllllllllllll II1111111111111111111111111111lI OCCUPANT OCCUPANT OCCUPANT 1841 S ACKERMAN DR 1803 S STOCKTON ST 1831 S STOCKTON ST LODI CA 95240 LODI CA 95240 LODI CA 95240 IIILIIIIItItLLL11111111I1111 Illfl,lfll!!lLLhlllllllllllll IIILIJlI1t11Jll,llll,llllllll OCCUPANT OCCUPANT OCCUPANT 40 NEUHARTH DR 1935 S STOCKTON ST 123 ADOBE CT LODI CA 95240 LODI CA 95240 LODI CA 95240 lilllllllllllllllllllllllllillll 11lllllilllllflllll111L111L llI Illllllllf111l1fll11il11llllllll OCCUPANT OCCUPANT OCCUPANT 120 ADOBE CT 126 ADOBE CT 2033 SQUIRE WY LODI CA 95240 LODI CA 95240 LODI CA 95240 lllflllililllllllilllil111llllll IIIIIIIIIflllflflflllllll!lflllf !11il11i1i111ilililliflltlllllll OCCUPANT 215 E CENTURY BLVD LODI CA 95240 II Iii.I,I,111111111111111111111 OCCUPANT 209 MEADOWLARK WY LODI CA 95240 OCCUPANT 1851 WREN CT LODI CA 95240 Illllllllllllllllllllll,lillllll OCCUPANT 1860 WREN CT LODI CA 95240 111111,1111111111111111111111111 1615 S. S OC TON ST. I ODI, Cts. 95240 POBOX 1284 LODI, CA.95241-1284 OFT{ICEo (2€19) 334-9119 FAX: (209) 334-2483 EMAIL, sprk@cen-calfire.com 4ndustrial City of Lodi c Attiv Mayor Hitchcock and Council Members �- `r � � city Hall 221 ATest Pine Street Lodi, CA. 95241-1910 co REL Bequest to vacate Neuharth Drive and the South 300 feet of Ackern an Drive Dear Mayor Hitchcock and Comicil Members, We. are writing this letter voicing our concerns to the request of Terry Knutson to vacate Neuharth Drive and. the. south 300 feet of Ackerman Drive, We will be unable to be at the November 51h public hearing. We are not opposed to this action by the City of Lodi but we feel there are issues that also need to be addressed. as a parr of this request. We currently owa the property located at 1615 So. Stockton Street (this property sits on the corner. of Stockton and Maxwell streets) and the building located at 43 Maxwell Street. We have worked at, leased and owned these properties since 1910. We have the following concerns and requests regarding this issue. First the City of l,odi needs to reduce the speed bruit on South Stockton Street to 35 MPH. There has been a tremendous amount of residential building in this area not to mntion the addition of the new grade school over the bast few years_ The activity at Salas Lark with youth sports has continued to grow. 'There is also a street lig€at at the intersection of Stockton Street and Harney Vane, which has allowed Stockton Street to become an alternate to the traffic mess on Kettlerr an Vane. 'There are a lot of businesses that have been in dais area for a long time which are also growing. 'These are all good things for the City of Lodi, but the speed I.intit on South Stockton Street needs to be reduced. `This action needs no steady and would. cast nothing more than to replace signs. Second the City of l..x)di needs to place a stop sign at the intersection of South Stockton. and Marvell Streets. There are several businesses located Ackerrraan give and Maxwell Streets. 'These businesses deed the proper paeans of access and egress. ,l"he intersection has a lot of traffic during the course of the day isacluding big tricks. The businesses should. not have to deal with the constant threat to customers and en-tploye" having to dash across the intersection or having to wait forever while a big truck tries to turnon to Stockton Street. please put the stop signin. We welcorne the growth Mr. Knutson needs to properly expand his business and support it. We are asking the City of Lodi to complement this request with the addition of the reduced speed limit on South Stockton and the addition of the strap sigh at the intersection of South Stockton and Maxwell Streets. Very "Truly Yours, Byron Weisz W, ne W ; Z au Ak CC c _HR CD U EUD —PR FIN _PD Com. Page 1 of 2 Jennifer Perrin From: ron markle [rmarkle1@softcom.net] Sent: Sunday, November 02, 2003 4:36 PM To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Subject: Comments for Public Hearing on November 5, 2003 Comments for Public Hearing on November 5, 2003 regarding ATo Vacate Neuharth Drive and the South 300 Feet of Ackerman Drive" My name is Ron Markle. I reside at 1739 Edgewood Drive. I oppose the Council's proposed use of the Streets and Highways Codes to close Neuharth Drive to public use. Section 8300 et. seq. of the Streets and Highways Codes provides the authority and the manner for the Council to vacate a street after finding from all evidence that the street is unnecessary for present or prospective public use. The law discusses vacating a street when it has been superseded by relocation, when a street has become impassable, when a street is no longer being used for the purpose it was dedicated, etc. The Council is not proposing that an unused street should be abandoned. Instead, the Council is considering using the vacation law to close a public street being used for the purpose it was dedicated and built, and thus create a dead end street at the inconvenience of the public, and other business, all in order to provide an economic incentive to a business. Is this a precedence for the Council or have previous abandonment been under similar circumstances? 1. The public street that has been in significant use for 30 years. The street is used for the purpose for which it was dedicated, designed, and constructed. Over 2000 vehicles currently enter or exit the Neuharth Drive intersection daily. Approximately 10% are trucks. 2. Abandonment of the public street right-of-way as proposed would make Ackerman a Adead end@ street and change Ackerman from a street that currently meets city design standards to one that no longer meets standards and would not be allowed without specific Council approval. 3. Abandonment of the public street right-of-way as proposed will make the traffic at Maxwell Street and Stockton Street worse. The Planning Commission expressed concerns about the number of cars and trucks that would be exiting from Maxwell Street onto Stockton Street, but felt that the traffic issues will be bad whether Neuharth Drive is closed off or not. Closing off Neuharth Drive will not improve the traffic situation but will definitely make it worse. I believe most of the businesses along Maxwell Street and Ackerman Drive prefer the public street be left open as it has been for 30 years and not be closed. Kishida Trucking will probably be the most impacted because their drivers primarily use Neuharth Drive to enter and exit. 11/3/2003 Page 2 of 2 While I believe the abandonment is not justified, incase the Council does decide the benefits to the petitioner outweigh the negative impacts to the public's use of their street, please consider the following conditions. 1. Require funds be set aside for future installation of a traffic light at Maxwell and Stockton when the City undertakes work on Stockton Street. While the City is not planning on demanding compensation for conveying the 12 acres of commercial property, I believe requiring funding for a traffic light at Maxwell and Stockton is a reasonable condition. City stars rational for not getting compensation is that the City did not pay for the property 30 years ago and does not consider itself the Aowner@. The developer paid for the land and dedicated it to the City for the public street -right-of-way. The City has had the control, possession, and maintenance for 30 years. If the abandonment is approved, it is the City that must convey by deed its interest in the public street. If the City is not the owner, who is? Whether the owner or not, the vacation law seems to allow for the Council to impose any reasonable condition, require compensation, or otherwise, before conveying the property. 2. Restrict Cottage Bakery's use of a gate exiting onto Ackerman Drive. If the abandonment is approved, Cottage Bakery intends to install a gate along Ackerman Drive. Allowing trucks going to Cottage Bakery to enter at Neuharth Drive and exit the gate onto Ackerman Drive would only make the traffic at Maxwell and Stockton worse. One's Aintent@ to enter and exit at Neuharth Drive is difficult to enforce without a recorded restriction. 3. Require the abandoned public right-of-way be conveyed back to the City (at the City's option) if Cottage Bakery were to close or move. At the October 22, 2003 Planning Commission hearing it was asked if Cottage Bakery were to close or move from Lodi, would the land revert back to the City? Staff responded that once the property is gifted to Cottage Bakery, it is theirs to do with as they please except for the requirement that the entire right -way must be retained as a public utility easement. During the Council's October 1, 2003 meeting, three of the Council Members disclosed having met separately with Cottage Bakery and one Council Member disclosed that Cottage Bakery had mentioned the possibility of leaving Lodi. It would be ironic if the Council abandons the public street, gifts the land to Cottage Bakery, and then Cottage Bakery were to close or move and the City needed the street back. Since the entire right-of-way is to be retained as a public utility easement, requiring that the land be conveyed back to the City should the business close or move is a reasonable condition for conveying the property. 11/3/2003 C* LODi TENT & AWNING COMPANY, Inc. 1617 ACKERMAN DRIVE FOCI, CALIFORNIA 95240 ' C Telly State (209) 368-5567 Fax, (209) Contractor'sace� #250215 - ��� - H � a 57 .17 ° T '� V 0 Nov. 3, 2003 Susan Blap_kson, City Clerk. Telephone: (209) 333-6702 221. meat Pine Street FAX 333-6807 P.O. Dox 3006 ci.tyclrk@lodi_.gov Lodi, Ca. 9.241.-1910 R.e a Proposal to VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE, scheduled for discussion on Nov. S, 2003. Our company, as well as(most)of the owners and tenants of the MAXWELL and ACKERMAN STREET businesses, have deep concerns about the closure of NEUHARTH at STOCKTON STREET making ACKERMAN a cul-de-sac. Maxwell and Neuharth are the ONLY LAYS to enter or exit Ackerman. Mounce Street, as discussed in your recent minutes, is not a cul -de -sae connecti.n o another busy street. It i,s a modified cul®de-sac! It has oilier avenues nc .enter or exit in Daae of emergency. It should not be compared to our situation when you consider the volume of cars, delivery trucks, or people using the Maxwell/Ackerman/ Neuharth streets. I. The corner of Maxwell and Stockton Street presents an ever- increasing potential traffic situation. The speed on Stockton Street is 40 mph. It is almost impossible, at times, to safely turn left. And now, a new resi_denti.al subdivision is almost ready to open, adding evert more traffic. If the train track at Harney Lane is temporarily closed, the traffic WEST BOUND from the freeway Waist turn on Stockton Street, north to Kettleman. Heavy traffic already enters from Almond Drive. Heavy South bound traffic conies from Gars crossing Kettleman, turning right at Kettlenian/Stockton Street, or emerging into the flow of traffi_ce from parking spaces on the West side of Stockton Street. If you close NEUHARTH, (most) stropg_ly., agree a signal light should e a "condition of approval".�mm� 2. We have switch tracks directly behind our property. There are concerns as to a safe and speedy evacuation plan in the event any cars carrying toxic chemicals derail. (Cars have already derailed since we owned this property.) You would be limiting this whole business area to ONLY l exit if you close NEUHARTH. 3. In case of any accident or chemical spill at the Maxwell/Stockton Street intersection, or in case of any fire in the businesses by this intersection, there: could be street closure for a long period of time. Our businesses would have no Fare Protection, Police Protection, or Medical Emergency Service for our employees. We also could not meet our contracted dates for installation or removal of equipment. This would be "Breach of. Contract". Most companies here are Service Oriented Companies, rather than Manufacturing. They need to be able to get to work, get their deliveries, get to their job sites, and get home. Our own company, Lodi_ Tent. & Awning, has to meet specific dates for Service and Equipment Rentals on at Least 95% of our contracts. These jolt sites are out of town. After our equipment is installed, some events have 50 to 100 vendors waiting to set up their wares in our tents. These events work on a very tight schedule. The event cannot start on time if we cannot meet our installation dates. The events cannot be rescheduled. We moved to this location in 1982 because it had 2 streets to eater and exit. By closing Neuharth you will make it harder for the existing businesses to do business and you will make these properties less desa_reable for future resale or rental. 4. We have been assured by Cottage Bakery's representative, Phil Penino, that all customers, employees, and delivery trucks will have to enter/exit their plant using Stockton Street. There will be an emergency gate, at the Ackerman cul-de-sac, .for Fire and Police protec- tion. It will be locked at all. times. Question! What guarantees do we have that: this entry will not be changed to allow delivery trucks and employees access at a later date if you find there is unexpected congestion on Stockton Street clue to the heavy truck traffic into Cottage Bakery's plant? As you see, we have a problem with this proposed street closure. We hope Cottage bakery will find a more satisfactory solution to their safety/security problem than closing NEU IAR`T`H at STOCKTON STREET. We hope the City Council will. "consider our businesses as VALUABLE to the City's future and that you will not P,ut our employees at risk or interfere with. our rights to do business' by closing NEUHAR.TH. Please give this careful consideration. RespeG tfully sbmi_tted, ,. Paul Welk/Sandra Welk LODI TELT & AWNING CO., INC., tenant, and property owner. t S �e CC ! �y 7 C2D i CACm _i" R EUD o -p AFD COM I Ems III The Following business and employees of theses businesses STRONGLY oppose the proVosed closing of "vEUHItR` H at STOC KTON STREET. This will land tock our ent.ra ce/exiL to get to work, to get home, or to take our wort vehicles out to complete our contracted/scheduled work 1_f there i c-l.os re for qn�` , qasgR at Lhe -only entrance of MAXWELL AND STOCK'iON STREET. = MAXU LL and 1CKERMAN business tiill be v7.rLual.l"y Shut. down. 13us ines s - aC , Employees 04 !„` r• F h _ A is W: u�` Ac- cc vk 0, Z II.. tJ CQ co 2—r Octet 30, 2003 The following business and employees of: theso businesses STRONGLY ot;>>ppse the proposed closing of NEUCfAf?TH at ST[)t.;14'.iO STREET. This will- ':fook our entrance/exit to get: to work, leo get home, or to take our work vehicles out to uompleLe our contracted/scheduled work if -there is for any reason aL they onj...� ent:rauc e of MAXWELL AND STOCKTON STREET. «NAXWELL and AC.rK E!>MAN business wl. f.l_ be virtually Shu L down • A M ocu30, 2003 The following business and employees of these businesses STRONGLY ;_appose the proposed osed cl.osi.n of N€A. CJI-iAls'I'H at S OC;I<`lON STREET. This will land lock our enL ounce/exU to get to work, to get home, or to take our work vehicles out to complete our contracted/scheduled work if there is closure for any reason at the _3npl.v entrance of MAXWELL AND STOCKl'ON STREET. *MAXWELL and ACKERMAN business will he vir tE_ a l.ly Shut down. Employees g On. 05 2003 The following business and employees of these businesses STRONGLY oppose Lhe proposed closing of NELttlARTH at STOCKTON STREET. This will Land lock our enkrance/e&L to gets to work, to got home, or to take our work vehiales out to cotapleLe our cont:rE€Ve /scheduled work if there is ch U o for anv�reason aL l_he on'11 euQance of MAXWELL AND S` OC[CTON STREET. *MAXWELL and AG(CERMAN business will he. Wrtu ally Shut down. �3usine";'O : Employees 'M m 50 5 2 . 0.5 1Q to 36a X215 on IQ/z9/2003 "5:15 PM 002/0u�i €'i� qu,3*£4 KCITH LAND, COUNGM MUMSCR, wows. ekef `ed to be Lodi pity Cu .%nJ h .G i v ousl�9 s vA as Mayor old y"€r Pry T t�t.?ac�ra of the ti��, ,he US. Nr force in 1909 and receivod an r� nor? alp, 471 an A�,aool ka al Mt degree t iT melte College it 1975 and "r uva pct h 1 77 , Jir� 11. nd owneda.N taper ud turd la, oM,icr. UrViceS t)r 25 year: Latrrjj sir-vQi� as Chaifrr-,err wf the fan CL -Lusty 6AW& RnLj Coruntsin,n, qlr -,` the 9wIoa qui,i CoLnty housing AJhr rity. mombor tie•( the Wcai Area Fo rrt ltort Commisiim, and the Northern Cn[f eticy, Mr, °- rd is c vontly arrployad �as the Community munity evelofptle€ F eh r A: -Id Mefc mMi RAnk A€7rt algo spry s me prelimrwt t^ s_ 3c7' o CITY COUNCIL i tnap 0, .6 of Ino u(li 14 Cuurkuit ar.«+ s�-mv rr v*jw C ftf�Eu r)tlery so innDwiced, air meeting f carilegiv vrum, ZW t lst , € egufarCity rar f[ tl Ft, ?Flo W4 WWw9day or WO, M. ; rl of 7:00 r _ru NOTES Trio 7.0Q p.M, fi rQ u:r' meethlp6 ani chmton un :LT i` b90 T V' Re aunts uF frie iv4lecra4i c.a�) �c s -=i v-1 Frit t &aido, onr€sIl hP; pith hold squat muetirivs 01 41? lkti'€^ iirEc}Ry. law, an ag 'oda must be pmp r LOUJD I nmWing And pomvd €rr ;� p4: �,krvv it can 1�vrevvred by thp, public at Want 72 hcum in ;IdvftOf IM M, M �ar-,c-,spondeme may be Alafled direay o: i, odi ',"21y C ou rich .O.Box, 3t0f) With, r;A 95 t -t 10 (299) 33S.W02 Rm nuznfp �2Wi 333- Q, vuiufa reals Dial (20) Swap Hitchcock Emily Hward John Uee;kman Larry H rise n Kto tti Lag -i 'To -malt INQULDII& Council cmbeS: 2969 2.91 281 9260 2938 HOS' --04-03 04:16 PM L_ODT TENT AND AWNING 204 368 3216 F 01 G-03 COMPANY,LODI TEXT & AWNING Inc. Supplemental Info. 16117 ACKERMAN DRIVE LORI, CALIFORNIA 95240 Te lvphonw (209) 68-5507 Fax, (209) 360-3216 .wa Blau Contractor's License. #250215 R tt; 1aAT,e Novi ,. 2003 a°AGKI; OHN'r: ( I xk(-I udi nc) wor rflwot j FROM. Sandra Wel.k/Paul. Walk A N Susan bfackstort, FAX 33.3-6807 City Clerk. F'ili4NE- 33.3670.2 RECEMED V o,,,,bty of Lc)0 SUBJECl'a__.._...,NovR_.._5, 2003,.. meet.i, to consider the Y_a.Qat.e__V-EA. Z H !.._STQ.CK_T€ N STREET and 300 FEET OF' ACKERMAN DRIVE, turning ACKE MAN into a cul-de-sac. opposition to this project. NO RESPONSIE IS NECESSARY PIXASF RPI;POND AS SOON AS POSSIBIE. __ Thank you, Refaxed, as machine indicated error in transmission. Sorry if it duplicates I. set just Faxed. Thant you. NOV-04-03 04:16 PM LODI TENT AND AWNING 2e9 X6e 3216 P.02 Attn, Susan Blac.kston, City Clerk, FAX: 333-6807 update, Nov. 4, 2003. OcL. 30, 2003 The following business and empLayees of these businesse�s STRONGLY uppose the proposed closing of NUHART11 at STOCKTON STHT,E'T. This wi.11 lat-ici lack our entrance/exit to get Lo work, to &Ct homc, or to take our work vehftloq out to c-omplctc our covitractcd/schodulcd work if Lberc closure for anX_j:R2ARn at Lhe only entrance of MAXWELL AND STOCKTON STREET. *�NAX44E�LL and ACKE'RMAN business will be- virtutAlly Shut down. V Please add this to the list of Property owners and ens plovyes that are in opposition to the Neuharth Street r-losure. Stibmitted. by Sandra Welk, Lodi Tent & NOV-04-03 04:11 PM L OVk SENT AND AWNING 209 368 3215 P.01 Atte Susan Blaokston City Clark: FAX: 333-6702 Nov. 4 2003. Oct. _iia, 2003 M f ul towi ng busiucess and sou€pJ :yews & Meow hus f.€tonnes STRONGLY E,j,iMwe Lhe propusud ulcaskug € f NEUHAl;` H aL :i'lU[:lETON STREET. This will land luck €gut; ont,canc:.e/eXIL Lu geL La wurk, Lo gvL liume , or Lu Lake cau work vehicles out Lo c,oMp1eLe our c0n[_ra Le°€l/scILcdt Jvd wu k it Lh-gre 1n I -s re for�nny i-or,,son n Lho (Lij1�f € nLranCe of 1`111XtIELL ANN STOCKTON STR1';M AMrlX101.1, and A,C16ERMAN b psi "ess will bo virtually ShUL clown. m MAGED NOV Medi -Van 33 Maxwell Street: (Transportation to and from Hospital. and Dr's office- } Please add tai s o the last of Property Owners and Tenants/employees Qonooered about this closure, which is to be di.sG ssed at the Nov, 5, 2003 City Cou"vil Meeting. Muse forward to all. City Council members,� and interested city staff Thank you. Lff-ODI CITY COUNCIL 'E" `'"` COMMUNICATION Request to Vacate Neuharth and the South 300 Feet Ackerman I'10, BOX '1720 - I,ODI, CALIFORNIA IA 95241-1720 - PHONE (209) 333-8044 0 FAX 333-7428 November t, 2033 Honorable Mayor Susan Hitchcock City of Lodi 221 W, Pine Street Lodi, CA 95240 Dear Mayor Hitchcock: On November 5'�' you and your fellow Council members will hold the Public Hearing for our application requesting the closure of Neuharth :rive and a portion of Ackerman Drive. We ask for your ur support and approval to allow Cottage Bakery to close Neuharth and a portion of Ackerman Jur reason for this request is that we must comply with the federal and state efforts to prepare for, and respond to the threat of bioterrorism and other public health emergencies. The 107'h Congress enacted "The e ublic . ealth Security and Bioterrorism Response Dict o, 2002. " The pct addresses national, state, and local preparedness response, planning, and security issues, For Cottage Bakery, (a food manufacture) we are required to increase the security at our plant. Cottage Bak -cry cuiTently his multiple separate entrances into our facility. With the installation of a gate at the entrance to Neuharth Drive from Stockton Street, we will be able to effectively secure one entrance (security guard, gates/arras and cameras) as apposed to guarding multiple entrances that would increase vulnerability and inevitably lead to security failure. Why would terrorists attack Cottage Bakery? We have a very lame national distribution network providing over 300 million individual products per year and therefore have the capability of becoming an efficient vehicle of contamination to vast amounts of innocent consumers, As mandated by the Federal Government, it is our responsibility as a Hood Manufacture to comply with the established stringent food security requirements in an effort to protect our nation's consumers. By closing Neuharth Drive and installing a cul-de-sac on Ackerman Drive, we will be able to ensure security and safety as Nvell as provide benefits to our neighbors, some of which area Security — The presence of our proposed security can have an equal effect for our neighbors. `sandals, thieves and terrorists are deterred. by the presence of a notable security force and will typically seek targets far frorn the location of the secured facility. ® Reduced ` "raffle on Ackerman m All eniployees & visitors to Cottage Bakery will be required to stop at the front office to check in and then proceed through the security gate off Stockton Street to enter the Plant area. Access will be from Stockton Street Cate only, not frorn Ackerman Drive. Reduced Truck Parking - Without a through street, independent truck operators :nay no longer park ire front of business along .Ackerman Drive. These trucks have drawn vandals that have caused damage to the trucks and surrounding properties. Safety m Currently, our bakery -vehicles are frequently crossing the street to go from one part of the plant to another. By gating this area, our neighbors, employees, and customers will be safer by not being impacted by our operations. During the past three months our staff has met with our neighbors, Council members, and city staff to con-ununicate the importance of our request. Attached to this letter is the following information: 1. food Security Preventive Measures Guidance. 2, Letter To property Owners -1. Communication flyer 4. Property Owned By Cottage e Bakery 5. Layout for Proposed Cul -De -Sae 6. Property/Business Comments and Support 7- Council CCorrununication 8, Planning Commission . Notice Of Public Clearing 10. Letter From.,lack In The Box Mayor Hitchcock, we ask for your support and approval to allow Cottage Bakery to close Neuharth and a, portion of Ackerman Drive. Should you have any questions, please give me a call at 365-5440 or Phil Pennine at 327.3787. Sincerely, l Terry Knutson Table of Contents���� ► `. SECUAM PREVENTIVE GUIDANCEI MEASURES A�MPVM; READY WDEXII INDEMNG SYSTEM FDAICFSAN - Guidance for Industry: Food Prod-- Fo( U S, Department of Health and Human Services U. S. Food and Drug Admin6tration Center for Food Safety and Applied Nutrition March 21, 2003 Guidance for Industry Food Producers, Processors, and 'transporters'. Food Security Preventive Measures Guidance This guidance represents the Agency's current thinking on the kinds of measures that food establishments may take to minimize the risk that food under their control will be subject to tampeAng or other malicious, criminal, or terrorist achions. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. `rhis guidance is designed as an aid to operators of food establishments (firms that produce, process, store, repack, relabel, dist6bute, or transport food or food ingredients). This is a very diverse set of establishments, which includes both very large and very small entities. This guidance identifies the kinds of preventive measures operators of food es"lis hmtints may take to minimize the risk that food under their control will be subject to tampering or other malicious, criminal, or terrorist actions. It is relevant to all sectors of the food system, includim farms, aquaculture facilities, warehouses. It is not intended as guidance for retail -rood stores or food service Operators of food est ablisbMents are encouraged ti review their current procedures and controls in light of the potential for tampering or other malicious, criminal, or terrorist actions and make appropriate impyovements. FDA recommends that the review include consideration of the role that unit and distribution packaging might have in. a food security program. This guidance is designed to focus operator's attention sequentially oD each segment of the fhrm-to-table system that is within their control, tori mi e the risk of tampering or other malicious, criminal, or terrorist action at each segment. 'To be suIces sfw, implementi ng enhanced preventive measures requires the con unitment of management and staff. Accordingly, FDA recommends that both inanagement and staff participate in the development and review of such measures. Limitations: Not all of the guidance contained in this document may be appropriate or practical for every food establishment, parficularly Smaller facilities and distributors. FDA recommends that operators review the guidance in each section that relates to a component of their operation., and. assess which preventive measures are suitable- Exarnp c approaches axe provided for many of the preventive measures listed in this document.'rhese examples should not be regarded as minimum. standards. Nor should the examples provided be coasidered an inclusive list (if all potential approaches to achieving the goal of the preventive http:/Avw1,v.cfsan,f 10/301200' ) Wgov/-dms/secg-uid6,htm1 FO /C 'S N -• Guidance for Industry, Food Prod.... Food Security Preventive Measures Guldanc Page 2 of 1 1 r casure. FDA. r eomme tds that operators consider the goof the preventive measure, assess whether the goal is relevant t -teir operation, acrd, if it is, design mi approach tbat is both efficient said effective to accomplish the goal aider their conditions of op( -ration. This guidanco is divided into five sections that relate to individual components of a food establishment operation- management; human element - staff, human element - public; facility; and operations. Related Guidance: FDA has published a companion guidance document o food security entitled, "Importers and filers. Food secuuity preventive measures , idaricae" to cover the farm -to -table spectrum of food production. This document is available ai. lrttp,�,'wvroa.c:cess.,, o. ov /su process galled Oper do all isle Management (ORM) may help prioritize the preventive measures that are most likely to have the greatest impact on reducing the risk of tampering or other malicious, criminal, or terrorist: actions against food. Information o.n f is available in the Federal aviation Adm,inistration, (FAA) System Safety Handbook, U .S. Department ent of Transportation, FAA, December 30, 2000, Chapter 15, Optmational RiskManagement, The lmdbook is available at. i 51--12ftPIN", `lie 13.S, Department of Transportation, n, ,esearcir and Special Programs Administration has publi she4 an advisory notice of voluntary measures to enhance the security of haz..a ous materials shipments, It is av rilal to at tat,tp9z r'#l,� h -gate access o. vA; i-t)�t� ���c ��� xgi?db ar� e=-,200 .re l'iJ.€ d, pd{: The notice provides guidance to shippers and carriers on personnel, facility and en route security issues. 'The U.S. postal Service has prepared guidance for identifying and handling suspicious mail. It is available The Federal. Anti-Tw-. zperin Act (18 SSC l 365) makes it a federal crime to tamper with or tart a consumer product, or- to attempt, threaten or conspire to tamper with or tart a consumer product., or make a. false statement abort having tampered with or tainted a. consurner product. Conviction can. lead to penalties of up to $100,000 in fuses and up to life imprisonment. Tho.Act is available at, i;ni l= 4 4Vii �C t.&ate fC� L6 -t t3:` & 4P.$v.E c CcC. .a3a i. The National Infrastructure Protection Center (HIPC) serves as the federal government's ent"s focal brat for threat assessment, waming, investigation, and sponse for is or attacks a aunt US, eriti€ al infrastructure, The NIPC las identified. the: food system as erre of'the eight critical infrastructures, and has established a pubi.ie-private partnership with. the food industry, called. the Food Industry I fonnati.on and Analysis Center (Food Industry ISA,C), 17he NIPC provides the Food Industry ISAC with. access, information and analysis, enabling the fbod industry to report, identify, and reduce .its vulnerabilities to malicious attacks, wid to rover from such attacks as quickly as possible. In particular, the HIPC identifies crW- ible threats and crafts specific; warning messages to the food industry. Further information. is available at ipc.gov/ and hap r8-�,,v w.1oodisac,rg . httpti// w,cf a ,fda,gov/—dr slsee id6.ht i 10/30/200 VDA/cFS IN - Guidance for Industry, Food. Prod.— Food Security Preventive Measures Guidanc Pae 3 of 11 € it ally some t d associations have dev loped food security guidance that is appropriately focused for that specific industry, For example, the hawrnational Dairy Food Association has developed a food security guidance docurnejit as an aid to the dairy industry. FDA encourages other trade associations to evaluate the preventive measures contained in this FD guidance document and adapt theme to their specific products and operations and to supplement this guidance with additional preventive measures when. appropriate, FDA welcomes dialogue on the content of sector specific guidance with appropriate trade, associations. olt�at_prct W+Management FDA rec; rmxnends that fraud establishment operators consider: Prpparingfipr thp.. c stbilfty,o ta pe_or assigning responsibility fear security to knowledgeable individual(s) * € onduc;tin an initial assessment of food security procedures and € Aerations, which e recommend be kept confidential * having a security manna ement strategy to prepare for and respond to tampering and other malicious, criminal, or terrorist: actions, bath threats and actual events, includ.i.ng identifying, segregating and securing af:ected product * plawiing for emergency evacuation, including preventing security hes during evacuation * maintaining any floor or flow play in a secure, off-site location b orrnirng familiar with the: emergency response system in. the community * nAaking managernentawam of 24-hour contact information ation for local, state, and federal po ic:effirL,./re-,cue/heal ome<la d security agencies * mak staff aware of who in management they should alert about potential security pr blcros (24-hour contacts) * promoting g food smurity aware:rness to encow-age all staff to be alert to any signs oflampering or other srnaficious, criminal, or terrorist actions or areas that may be vulnerable to such actions, amd reporting any Findings te, identified management (fear example, providing training, instituting a systems of rewards, building security into job performance standards) * having an. internal communication system to inform arnd update staff about relevant security issues having a strategy for Cornmunicating with the public (for example, identifying a inedia spokesperson, preparing e eric press statements and background information, and coordinating pass st tenicats with appropriate authorities) qpq z8_io providing an appropriate level of supervision to all staff`, includiBg clemiing and maintenance staff, contract workers, data entry and co puter support staff', and especially, now staff conducting routine security checks of the premises, including automated manufacturing, lines, utifiti s and critical computer data systems (at a frequency appropriate to the operation) for signs of tampering, or malicious, criminal, or temnst actions or areas that may be vulnerable to such actions httpe//w , fs.a .fc a. ov/--dz s/sec uid6.ht i 1.0/30/2003 DA/CFS AN - Gu dm ce for Industry: Food Prod.... Food Security preventive Measures Guidane page 4 of l t RecWtAratpgy identifying the, person responsible, and a backup person providing for proper hand -ling and disposition of recalled product * identifying cost€ mer contacts, addresses and phone numbers Iv�trgattc�r� of �spzci�� acat�ity investigating tbmats or information about signs of tampering or other malicious, criminal, or terrorist actions * alerting; appropriate law enforcement and public health authorities about any threats cif or suspected tampering or other malicious, criminal, or terrorist actions ltatat.:pr t evaluating the lessons learned from past tampering or other malicious, criminal, or terrorist actions acrd threats a reviewing and verifying, at lewt annually, the effectiveness of the purity management program (for example, using knowledgeable in-house or third party staff to conduct tainpering or other malicious, s, criminal, or terrorist action exercises and mock recalls and to challvmge computer security systems), revising the program accordingly, and keeping this in.for a.tiota confidential performing rin random food security inspections of all appropriate areas of the facility (including recelving and warehousing, where applicable) using knowledgeable le ire -house or gird party staff, and keeping this information confidential w verifying that security contractors are doing an appropriate job, when applicable Under Federal law, food establishment operators are required to veru the employment eligibility ofall new hires, in €wcordartce with the requirements of the Immigration and Nationality Act, by completing the INS, Employment Eligibility Verification Former (IS Form 1-9)_ Completion. of Form 1-9 for new hires is required by 8 USC 1.324a acrd nondiscrimination provisions governing the verification process are set forth at 8 USC 1.324b, FDA recommends that food establishment operators consider-. examining the background of all staff (including seasonal, temporary, ry, contract, and vol ntter staff, whaher hired directly or through a recruitment firm) as appropriate to their position, considering candidates` access to sensitive areas of the facility and the degree to which they will be supervised and ether relevant factors (for example, obtaining and verifying work references, addresses, and phone numbers., participating in one of the pilot programs managed by the Immigration and Naturalization Service. and the Social Security Administration `ire prop -ams, provide electronic confirmation of employment ent eligibil.ity for newly fired. employms. For more information call the INS SAVE Program toll fie at 1-888-464-421.8, fax a request .for brrforr ation to (202) 514-9981, or write to US/TINS, SAVE Program, 425 1 Street, NW. http.,I/www.efsan.rda.gov"—dms/secguid6.htmi 10/30/2003 f"DAK:° SAN - Guidance for Industry. Food Prod—, Food Security Preventive Measures Guidanc Page 5 of 11 t If. LICO-4th. Moor, Washington, DC 20536, These pilot programs s may not be available in all states]. having a criminal background check performed by local law enforcement or by a contract service provider [Remember to first Consult any state or local laws that may apply to the performance of such checks]) Note. screening procedures should be applied. equally to all staff, regardless of race, national origins religion., and citizenship or immigration status, * knowing who is and who should be on premises, aa -ad where they should be located, for each shift * keeping information updated Idenil1c;a€icon. establishing a system of positive identification and recogrdtion that is appropriate to the stature of the workforce (for exam le, issuing uniforms, name Vis, or photo identification badges with iradividuai control numbers, eolor coded by area ofauthorized access), when appropriate * collec-ting the uniforms, name tag, or identification badge when a staff mer is no longer associated with the establishment Restric; ed appess * identifying staff that require unlimited access to all areas of the facility reassessing levels of access for all staff periodically * limiting iting access so staff enter only those areas: nee scary for theirjob functions ns and only during appropriate work hours (for example, using key cards or keyed or cipher locks for entry to sensitive. areas, color coded unifos rcmember to consult any relevant federal, state or local re or o€:cupatiomd safety codes before making any changes)) changing combinations, rekeying locks and/or collecting the retired key card when a staff ewab .r who is In possession of these is no longer associated with the establishment, and additionally a, needed to maintain security restricting the type of personal items adlowW allowin establishment allowing in the establishment only those personal use medicines that are necessary for the health of staff and ensuring that these personal use medicines are property. labeled and stared away Bonk food handling or storage areas preventing staff fTom bringing personal items (for example, lunch containers, purses) into food Dandling or storage areas providing for regular inspection of contents of staff lockers (fear example, providing metal mesh tookers, company issu d locks), .bags, packages, and vehicles when on company property ( e emtx-,r to first consult any f6 eral, state, or local laws that may relate to s ch inspections) Tr ikji a.._igfibo see sit _p cr d zr o incorporating food security awareness, inducting inform tion on know to prevent, detect, and Izttp l.% ,cfsan.fda.gov/—dnis/seeguid6.html 10/3W2003 lrD./CFSA, - Guidance for lnd stry: Food Prod—: Food Security Preventive. Measures Gia€dant; Page fi of''I I respond to tampering or other malicious, criminal, or terrorist actions or threats, into tr jBing programs for staff; including seasonal, temporary, contract, and volun-tear Stal e providing periodic reminders ers of'the importance ce ofs arity procedures (for example, scheduling meetings, providing brochures or payroll staffers) encouraging staff support (for example, involving staff' in food. security plarining and the food security awareness program, dernonst ting the importance of security procedures to the staff Unusual l behavior tching for unusual or suspicious behavior by staff (for example, shaff who, without an identifiable purpose, stay twusually late after the Brad of their shift, arrive unusually early, xr, ess file:,Anformationlarcas of the facility outside of the areas of their responsibility„ remove documents from the facility; ask questions on sensitive subjects; bring cameras to work) Staffhealth being alert for atypical staff health conditions that Aaff may volaart . `ly report and absences that could bK- ars early indicator of tampering or other malicious, criminal, or terrorist actions (for exmnle, a unusual number of staff leo work. in the same part of the facility reporting sirxsilar symptoms within a short time frame), and reporting such conditions to local. health authorities Human element a_ public FDA recommends that food establishment operators consider. Vi sitors.(for ompl ,_�ozr ctOr5'_44plt r repr vPs, dgbypry c rty s, C Stu els _ alati r s. l €fzc�rrests?,_tc.drtr, rai€�rs� rpcacrs�.t,) inspecting incoming and outgoing vehicles, packages and briefcases for suspicious, inappropriate or miusual items or activity, to the extent practical a rQstricting entry to the establishment (for oxample, checking visitors in and out at security or rt,=ptio , requiring pmol"ofidentity, issuing visitors badges that am collected upon depam.a.re, accompanying visitors) ensuring that there is a valid reason for the visit before providing access to the facility - beware of unsolicited visitors a verifying the identity of unluio rn visitors restricting access to food handling and storage areas (for example, accompanying visitors, Mess they are otherwise specifically authorized) a restricting access to locker room N=* Facility FDS. recommends that food establishment operators consider: jhy i l _secti rq protecting perimeter access with fencing or carer deterrent, when appropriate « securing doors (including freight loading doors, when not in use and not being monitored, and emergency exits), windows, roof openings/.hatches, vent openings, ventilation systems, utility http-//www.efsan-fda,gov/-,dms/seegiiid6,htm] 10/30/2100 FDAXTSAN - Guidance for Industry: Food Prod... Food Security Preventive Measures Guidane Page 7 of i l rooms, ice manufacturing and storage rooms, loft areas, trailer bodies, tanker trucks, railcars, and hulk storage tanks for liquids, solids, and compressed gases, to tine extent possible (fcrr example, using locks, "Jimmy plates," seals, alarms, intrusion detection sensors, guards, monitored video surveillance, remember to consult any relevant federal., state or laical fire or occupational safety codes before making any changes]) * using mefal or metal -clad exterior doors to the extent possible when the facility is not in operation, except where visibility from public thoroughfares is ars intended deterrent (remember to consult any relevant federal, state or local fire or occupational safety codes before making any changes) * minimizing the number of entrances to restricted areas (remember to consult any relevant federal, state or local fire or occupational safety aides before making any changes) securing bulk unloadiug equipment (for example, av ers, pipes, conveyor belts, and noises) when not in use and inspecting the equipment before use accounting For all keys to establishment (for example, assigning responsibility for issuing, tracking, and retrieving keys) monitoring the security of the premises using appropriate methods (for example, using security patrols uniformed andlor plain -clothed], video surveillance) o minimizing, to the extent practical, places that can be used to temporarily hide intentional contaarrinants (for example, minimizing nooks and crannies, false ceilings) * providing adequate interior and exterior lighting, including emergency lighting, where appropriate; to facilitate detection of suspicious or unusual activities 0 implementing a systema of controlling vehicles authorized to park: on the premises (for example, using placards, decals, key cards, keyed or cipher locks, issuing passes for specific, areas and times to visitors' vehicles) & ke ping parking areas separated from entrances to food storage and processing; areas and utilities, where practical 4bor tq._U_� gty restricting access to the laboratory (for example, using key cards or keyed or cipher locks [remember to consult any relevant federal, state or local fire or occupational safety cordes before making any changes]) restricting laboratory materials to the laboratory, except as needed for sampling or other appropriate; activities * restricting access (for example, using locks, seals, alarms, key cards, keyed or cipher kicks) to sensitive materials (for example, reagetrts and bacterial, drug, and toxin positive controls) assigning responsibility for integrity of positive controls to a qualified individual knowing what reagents and positive controls should be on the premises and keeping track of thea investigating missing reagents or positive controls or other irregularities outside a normal range of variability immediately, and alerting appropriate law enforcement and public health authorities about. unresolved problems, when appropriate disposing; of unneeded reagents and positive controls in a manner that minimizes the risk that they can be used as a contaminant and toxic chemicals (for examples _ cleaning end s n�ttz rs _4gefs, pe��a,zcl��l ® limiting poisonous and toxic chemicals in the establishment. to those that are required for the bttp.//ww-w-cfsan..fda.gov/—dms/secgtjid6,htiml 10/30/2003 f'D1tXTSAN - Guidance for Industry, Food Prod...: Food Security Preventive Measures Giidanc Page 8 of I I operation and maintenance of the facility and those that are being held for sale storm; poisonous and toxic chemicals icrals as far away from faced handling and storage areas as practical limitinglimijing access to and secuTing storage areas fir poisonous and tonic chemicals that are seat being geld for sale; (for example, using keyed or cipher looks, key cards, seals, ala ns, intrusion detection sensors, guards, monitored video surveil.lance fremember to consult any relevant federal, state or local fire codes that may apply before raking any changes]) e cnsuring that poisonous and t€ri chemicals am properly labeled 4. K'Ising pesticides in. accordance with the Pedes Insecticide, Fungicide, and rodenticide Act (for - ample, maintaining rodent bait that is in use in covered, per -resistant bait stations) knowing what. poisonous and toxic chemicals, should be on the promises and keeping track or the r investigating missing stock or other irreguJarities outside a normal range of variation and. Werting appropriate law enforcement and public health autho6ties abort unresolved problems, when appropriate, A recommends that food establishment operators consider: using only known, appropriately licensed or permitted (where applicable) contract manufacturing and packaging operators and sou=s for all incoming materia , including ingmdients, compressed gas, podia , labels, and materials for research and develop='nt taking reasonable .steps to ensure that: suppliers, contract operators and trwispotters practice apprepriate food sec ri ,, measures (for example, auditing, where practical, for compliance e with food security measures that are contained in. purchase and shipping contracts or letters of credit, or using a vendor a pro val program) arztl enticating labeling and packaging configuration uration and product coding/expiration dating systems (where applicable) for incoming materials in advance of receipt ofship rerrt, '-specially for new products requesting i€rc ed and/or sealed vehicles/ main rs/railc rs, and, ,if sealed, obtaining the seal number from. Ore supplier and verifying upon receipt,,making arrangements to r .ainwn the Qhain of custody when a. seal is broken for inspection ley a governmental agency or a-, a result of multiple deliveries requesting that the transporter have the capability to verify the location of the load at any time, when practical establishing delivery schedules, not accepting e planned, unscheduled deliveries or drivers, and investigating d layQd or missed shipments Supervising off-loading c.3f" incoming rraaterials, including off hour deliveries reconciling the product and amount received witb the product and arn. crc t €adored and th product and amount listed on the invoice and shipphig documents, taking into account t: airy Sampling performed prior to receipt investigating; shipping documr mts with suspicions alterations inspecting incoming materials, including ingredients, compressed gas, paeka in , labels, product returns, and materials for resear€ lr and development,for signsofta mperiri� e conte r inatio n. or damage (for example, abnormal powders, liquids, stains, or odors, e�ridence of resealing, compromisedtamper-evident packaging) or "counterfeiting" (for example, http:r/ r.cfsarr.fda-gov/--(hus/sec uid6.ht 1. 10/30/2003 FDA/Cp' AN - Guidance or Indust v: Food Prod... Food Security Preventive Measures Guidanc Page 9 of l L inappropriate or mismatched product identity, labeling, product lot coding or specifications, absence of per -evident packaging when the label contains a tamper -evident notice), when appropriate, evaluating the utility of testing incoming ingredients, compressed gas, packaging, Libels, product returns, and materials for research and development for detecting tampering or other malicious, criminal, or terrorist action * rgectin ; suspect food aleiting appropriate law enforcement and public health authorities about evidence of tampering, "counterfeiting" or other malicious, criminal, or terrorist actors tp 4ge having a system or receiving, storing,, and Dandling distressed, damaged, retume'd, and rework - products that minimizes their potential for beim compromised or to compromise the security of other~ products (hoz• exainpte, destroying products that are unfit for human or animal cons uption, products with illegible codes, products of questionable origin, and. products returned by consumers to retail stores) * keeping track of incoming materials and materials in use, including ingredients, compressed as, packaging, labels, salvage products, rework products, and product returns * investigAting missing; or extra stock or other irregularities outside a normal range of variability , d reporting unresolved problems to appropriate law enforcement and public health authorities, when appropriate * storing product labels in a secure location and destroying € utdated or discarded product labels ®minimizing reuse of containers, shipping packages, cartons, etc., where practical s�ppurity of water and militias a Hmiting, to the extent practical, access to controls for airflow, water, electricity, and refrigeration r securing non-inurs.icipal water welts, hydrants, storage, and Dandling facilities * ensuring that water systems and trucks are equipped with backfiow prevention e chlorinating water systems and monitoring chlorination equipment, where practical, and especially for non -municipal water systems testing non-mutticipalsources for potability regularly, as well as randomiy, and being alert to changes in the protile of the results a staying attentive to the potential for media alerts about public water provider problems, when applicable a identifying alternate sources of potable water for use during emergency situations -where normal water systems have been compromised (for example, tTucking from an approved source, treating ort -site or maintaining on-site storage) ® ensuring that public storage warehousing and slipping operations (vehicles and vessels) practice appropriate security measures (for example, auditing, where practical, for compliance with food security measures that are contained in contracts or Letters of guarantee) * performing random inspection of storage facilities, vehicles, and vessels a evaluating the utility of finished product testing for detecting tampering or other .malicious, criminal, or terrorist: actions http,//ww .ct`san.f'da. ov/--rein-is/sec tiid6.htr,ti.1 10/10/2003 FDAjCF - Guidance for industry-, Foci prod.,.: Food Security Preventive Measures Cluida rc Page 10 of l l requesting locktQ and/or sealed v hicles/co tainersir cars and providing the seal number to thQ consignee requesting that the transporter have the capability to verify be location.. of t€he load at ariy time establishing scheduled pickups, and not accepting unexplained, unscheduled pickups * keeping track of finished products investigating missing or extra stock or other irregularities outside a normal range of variation and alerting, appropriate law enforcement and public health authorities about unresolved problems, when appropriate advising saps staff to be oa the lookout for counterfeit products and to alert management if any problems are detected 0 irnplemenfing procedures to ensure the security of incoming ail and packages (for example, locating the mailroom away from. food proccssing and storage, areas, securing mailroom, visual or x-ray mailipaca e screening, following US, postal Service guidance) Access to corqa pr'_sy�t�rz1 restricting access to computer process control systems and critical data systems to those with appropriate clearance (for example, using passwords,firewalls) QUipinating computer access when a staff member is no longer associated with the establishment establishing a system of traceability of computer transactions MvieWing the adequacy of virus protection systems and. procedures for backing up critical computer basQd data systems validating the computer security system US, Food and Drug Administration 5600 .fishers Lane Rockville, Mie 20857 301-443-1240 If a food establishment operator suspects that any of his/her products that are regulated b. y the FDA have be ar subject to tampering, "counterfeiting," or other malicious, criminal, or terrorist action, FDA re ormn.ends that he/she notify the FDA 24-hour emergency number at 301-443-1240 or call their local FDA Disitric:t Office. FDA District Office telephone numbers are listed at: FDA. recomiends that the operator also notify appropriate lav enforcement and public health authorities, Reference to these documents is provided for informational purposes only. `fhese documents are not inc€ ,Wrated by reference into this guidance and should not be considered to be; FDA guidance. GUidanc e i)ocrameels i Food Safety and TezTor•isni Foods 1 opie I FDA home. E lips I-Iome Soarch,`Sul�jegt lndex � Discla.imers & Privacy Pot icy j Access NJity, H alp Hy ertexi updated by iasidav 2003 -MAR -21 I. http://www.c,fsari.fda,gov,'--dms/secguid6Jitinl 10/30/2003 P.O. BOX 1720 ® LODI, CALIFORNIA 95241-1720 - PHONE (209) 333-8044 - FAX 333-7428 September 12, 2003 <(Owner Name>> <<Mail—kddress» <<City_» Re: 4<Property_Address>> Dear <<Owner—Name)), I am writing this letter with regards to a recent application that Cottage Bakery has sent to the City of Lodi; we have requested the closure of Neuharth Drive and a portion of Ackerman Drive (see attached information sheet). During the next two months the City Staff will review our request eventually submitting this to the City Council for approval. Cottage Bakery currently has multiple separate entrances into our facay. With the installation of a gate at the entrance to Neuharth Drive from Stockton Street, we will be able to effectively secure one entrance (security guard, gates/arms and cameras) as opposed to guarding multiple entrances that would increase vulnerability and inevitably lead to security failure. Reduced Traffic on Ac - All. employees & visitors to Cottage Bakery will be required to stop at the front office to check in and then proceed through the security gate off Stock -ton Street to enter the Plant area. Access will be from Stock -ton Street Gate only, not from Ackerman Drive. Should you have any questions, please give me a call at (209) 365-5440 or call Phil Pennino at (209) 327-3787 sincerely, Decently Cottage Bakery purchased the Wallace Building. By purchasing this building we will be able to consolidate the Office, Test Lab, and Human Resources departments into one lcacabon. Every individual coming to Cottage Bakery will be rQquired to check with our new front office prior to entering the plant_ In addition Cottage Bakery will expand by constructing a new 100,000 square facet building to hold two new product lines. This new buildingwill be hefted on the northwest portion of our property, F&H Construction has been hired to build the plant with completion scheduled to be in early Summer of 2004. In addition to the Wallace building, the new expansion, a cul-de-sac will be installed at the HOMELAND SECURITY Since the horrific attacks of Septeniber 11 2001, the throat of terror Min against United Staaic,s citir.,ctis has iatcrcascd significantly - 11) aai cf['ort to furdic r enhance federal and slato cfforl,,; to prepare for and respond to the dircaal of bioterrorisin and other public health cettec cEaei.cs_ the 107"' Congress etasaGled `'take Public Health alth Securiti,rand Biaterrorism Reslarrazse Act af` 2il02" R!, R. 3148). Thc fact saddresscs national, stale, and toc;ai preparedness responsc plaaititig- acid tiF;:C;tiEtly E55tEi;$. SpcQ,tfiQaally� Couago B akcr v Joe— doing ing busmess as a food nianul-eacture is required to address I ssues float the Public l-fc:Fallb SCcttrirV and f3iotcri-orisin Rc°,.sponsc t4ct of 2002. One inip arrant securW requirement fi)r Cottage Bah -err rvill be to (icquire ea porti€ n ofAckerman f)rh,e r€suit the 01v taf Lodi crazd install ca cul-de-sac at the south end of the street, Above is a taut€abi -Q tiniojinQ for rocel inn approvat from Elie Cite of Lodi. is ivotild ic.rrorists attack Cottage aakcrs,? We have a very- large national disirib€ttion nclwoi-L providing over 300 ntilhon individual products per year and therefore have :B aj�z4e'vy Srpteta mer, C.oitagC Hake:ry st butitte-A an application recluesUng the City of 1"U to dose Nettharth and Ackerman Drive at the south cad. ® The City of Lodi will proLess the application * October, the Planning Commission will hold a NAbbe Heariag to address the request any CO MV! Bakery to close dse street. * November, after approval from the Plata big Cou sstissiou, the- Lack City Council will hold a public hearing prior to approving- + Once approved by the City Council., Cottage Bakery will construct a cul-de-sac closing, Ackerman Drive at the south ecus. south end of Ackerman Drive. A security gate along with a 24 hour security guard will enhance the safety of the plant the capability of becoming an efficient vehicle of contamination to east a zaouaats of Innocent c;onsunicrs. As inandated by the Fedora[ Govornuient, it is our responsibllitg, as a Food Mazztafacture to coiaiply with (lie established stringent food security requireinents in an effort to protect our [rations Consumers. Cottage Bakery Plant located on Neuharth and Ackerman thrive e _ _ $ 1 � PROPOSED CIII,$3E-SAC ON ACERMAN DRIVE t x F-h•'�- tt FF c¢ 'm EEEYYY 9 Y ha to M z d E � Y tt�� pp fly clvsMg the street and anstaiiing a cul -rhe -sac on Ackevman Drfve, Pi oper ty Owners wide hr ive many tberlefits Security -- '111e prescalau of our propissGci wcurity mart have an cgaaatl cfl�c;t for our neighbors. 'Vandals, tlsie es and tcrrorists erre detciTed by tile, pre'scl-tcc of a noia ble Security for (-- and will hp;;klly 5C;& target" t'ar from the loc;aoon of ale secured 11Ci€€tY. Reduced Traffic fin Ackerman -- All cmployees & visitors to Cottage Batkcry ells be rcclalarcd it) stop at 0w Clom k�f lc ' to cht rk in and darn p rcgseed through the security gate ofl'sto,_ktora `�t cet to enter the Pltatat Name: t..t)at early; . __ AClC:irf.'.5 - € hone Niu'Y bea arca. Acccss will be from stocks n Street Gatc only, not frost %ckorman Dritvv. Reduced Truck Parking - Without a through street, i.aadepa.ndeM fr€€c% Erpwrators may €lel 10flg It park ill frOl3t of your busincss_ "I'Cacsc trucks have drawn e'aandaak that la,aVc s awied €ianlase fel the tnacks, and surtotinding prof vrties. o Safety - C:urvv"tly, €ur %koVN vehicles a.ic freq reedy crossing the SircX11: to go licit) € ne p?atrt of the plant to another. By gating this area, Your eaalployces and Customers will be "afer lay not being inlpactcd by our €aperauolls. Fax P*ik mt)eT: If yw have any giesUms, please € five me ca Gaff at 35-5440 No, these tare not trucks 5voking to city business with Cottage BakejT, these trucks are parked Caere overnight . ....... . ...... R w R w �91ow are commags from Neighbors in September F •w g r y. i a s a BENEFITS TO PROPERTY OWNERS ALONG ACKERNMANI By dosing the street and Instaffing a cul-de-sac on Ackenmn Ddve. ?Werty Owners vW1 ham uzwW beneffm S" f A k 4 -3:. Y, .�,.: $ +E: �'! ^k. y ✓;f;y Xaa i. - i � tk 4 s �t S" f 16js SSTOCKTON ST. P1, CA95240 P.O. D £ OFFICE: (209) 334-9119 (209) 334-2923 Semod the City of Lodi meets ro place a saw rign at the intersection of Somth Stockton and Stmets. Them am sevoM businesses k)catei Ackeamn Drive S ftm. lbese businesses ze d w propm propmegns of ac=a and e . s. The tersection hu a lat of traffic during the course of dw day including bag c�m TIm businesses sshaWd not have to deal with the cumstant threat to customm am employemployea having to dish across the mmaection or having to wait fares while a big tread ties Do tc= on to ;;t -kmSu et:, i e put stop in, We welcorm the growth Nk. Kxtut9 n needs to prcTedy expand his business and support It- We are Askin the City of Sidi to complement this request with the addition of die reduced speed limit On SCUth StOck= and the Ac on of the sip sign at the intersection of South Stockton and Marmell Streets. V Plainly Yours, Byma Wiz 0 CA U5 —FIN :RP Mom A N[DA TI i - E, Pttblic Hearimg to ConsiderResdutionl0rderto Vacate uh rth Drive and the South 300 Peet of Ackerman Drive MEEi`iNG i)ATE, Nov mbek- , 200:3 PREPARED Y. public Works Directur RECOMMENOED ACTION- That the City Council, after reviewing the finding by the Planniag Commission and the public comments fmm the subject public hearing, r pt a resolution appmvirig the proposed abandonment pursuant to certaln conditions and authorize the City Manager terexactas agreements required to implement this abandonment. The area of the atreet to be abandoned is depicted on Exhibit _ BACK . OOND lei ORMATION, This. t rights of way abandonment has been requested by the owner of 30 Nauha?th Dive and 1841 Ackerman Mlve to facilitate integmiton of food manufa.;tuying operations into a si gio industrial compound. owner r r that oeaain ptrlali f c(liti s ;'s. ., s A improvements, storm drain inlets, fire hydr nu etc,) will r av to private ownership, and the owner has agreed to assume all maintenance responsibility. Numerous utility min fines exist in the street, and the onfire right of way would be retained as a public, uUty easement- Th t�)vvnor is aware that dedication of aught ofway and construction of a newr kle-sac is s-quired to estate h reclifired truck ci,vutation on Ackerman Dries, and the intersection of Neuharth Drive at tocktorl strastwill be Converted to a driveway. Please see Exhibit A. Theso requiremantare, conditions of the abandonment and will reed to be ac-r-ornpitsbed prier- to filing the final abandonment. Maintenance resp(xn�lbilities wouid be dascribed in an agreement between the City and the prop 4y owner. � Fre owner has agreed to dedicate all required € ew public utility e'qsamerita and relocate. any Wil[€tles at his V Vh0e fwr design standards would not normally pewit a c l -d -s c in an industrial area, they ars a0weo with Planning Cor r is8i n and Cfty l ou c ii appFoVaL Staffrotes that Mamtell Stmet, which serves the north end of this are -a' *'as odginaiiy built as a cuk-d -zee_ One other ( ti€r Street) curTeritly exists in the CKy, The nw cter has paid the required fees to pmcess this abandonment. Affected utflities are being notified of this proposed abandonment, and their approval will be requimd prkr to the final action. 'hp, r i t s>rir c.4nI 'tis; i rI, at. the October 22, 2003 meeting, reviewed the pmpos 6 to vacate this right of way and adopted Resolution P.C. W-39 recommendrag Chirounc- i approval of the request, A ropy of the ;€'Sol€ 'Solution is atteched, ich .6Tr ' Public Works Director Pry pose by F, WMIN Sanftin, Catty Epgin r RIC: P'VV�7pml ;%$PachInenla Uc. CRy Attorney George Bradley, Street Superintendent Alan Fallow, Electric UWty Dir for "terry Knutsen, Coftge Bakery, t . TI 7 APPRUVED on plynn 0ty Ml Zgar C;eaHALai iticae �aY�xrv�t€drt�i2�aas°t��P�'ts..at�s� CTTYOF LODI ptj�jy- WoAj<-S L� -NT C-PARTNIF EXHIBITA P STREET ABANDONMENT llDf2VZW,3 1cqaWbw PLEASE RECORE) AND RETURN TO: Susan J, slackston, City Clark P.0, Box 3006 Lodi, CA 95241-ISIO RESOLUTION NO. 2003-. NOT TO BE RECORDED UN'"L CONDMONS OF ABANDONMENT HAVE BEEN COMPLETED. A RESOLUTION OF THE LODI CITY COUNCIL VACATING NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS REQUIRED TO IMPLEMENT THIS ABANDONMENT WHEREAS, this City Council, acting in accordance with provisions of Part III of Division 9 of the Streets and Highways Code of this State, did on the 15th day of October, 2003, pass and adopt Resolution of Intention No, 2.003-194 therein declaring the intention of said City Council to vacate and abandon the 60 -foot Public Street Rights of Way of Neuharth Drive and the south 300 ibet of Ackerman Drive, a portion of "Maxwell" Industrial Park", Lod, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent and right therein to construct, maintain, repair, and operate line's for pulpc utilities, in, over, and across said vacated public street rights of way and more particularly described as follows, to wit The 60 -foot Public Street Rights of Way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park", Lodi, California, County of San Joaquin, State of California, as shown on ExhibK A attached, WHEREAS, said notice of said intended vacation was regulady 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 Me City of Lodi; and WHEREAS, in accordanee 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 o nri, I Chambers, Carnegie Forum, 305 West Pine Street, Lodi, Califomia, beginning at 7:00 p.rn, on Wednesday, November 5, 2003, where and when any person Enter std in or objecting to said vacation could appear and be heard in rotation thereto; and WHEREAS, at that time and place, a public hearing was held and wnduated and testimony received for and against the vacation contemplated.- and WHEREAS, at the November 5, 2003, City Council meeting, from the evidence submitted, the CKy Council of the City of Lodi did determine that the 60 -foot Public Street Rights of Way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park, Lodi, Call-rornia, County of San Joaquin, State of California, will be unnecessary for present or future public use and did so find and declare; and WHEREAS, the Planning Commission did find that the subject vacation was consistent with the General Plan of the City of Lodi. NOW, THEREFORE, BE 1T RESOLVED that pursuant to the riRdings and under the authority of Section 8323 of the Streets and Highways code of the State of California, that the vacation of the 60-foiA PLAblic Street Righba of Way of Neuharth Drive and the south 300 feet of Ackerman i riv , a portion of "Maxwell' industrial Park", Loth California, County of Sari Joaquin, State of California, shall be abandoned upon completion and acceptance by the city of the fohowing, requirements s shown on Exhibit A attached 11 That the cid council hereby authorizes the City Manager to execute agr ementz to implement this b nd nment-, and 2s Owner sh all dedicate right of way and construct new cul-de-sac to establish rec ured troch circulation on Ackerman Drive prior to the finaf recording of this e'solotion approving the v c tion' b nd nr ent; and 3) 'The intersection Gf Neuharth Drive at Stockton Street. will be converted to a driveway prior to the final recording f this Resolution approving the v c tionlabandonrlentt rid 4) Reserving, and excepting from the vacation, a permanent and Tight therein to consv ct, maintain, repair, and operate lines for public til , in, over, and across the, satire right of way, and no buildings or structures small be constriicted nor shall anything be planted ,Mthin the easement which would interfere with the use or operation of public a iiitie5 in the easement; and ) The City Council approval of this Resolution will become roll and void if all requirements are not met, ) Filing of this Resolution to Vacate in the office of the County Recorder will not tale: place "Ail all rcirts are met,. Reference hereby meads to a reap or plea can Erle in the office of the city clerk of the City (if Lodi for the particulars s to the proposed vacation, Dated: November 5, 2003 l here certify that Resolution lila. 2003-.__ was passed and adopted by the city Council of the City of Lodi in a regular meeting held November ber a, 2003, by the following vats: YES- COUNCiL MEMBERS - NOES- COUNCIL MEMBERS - ABBE T, ABSENT, COUNC€L MEMBERS --- ABSTAIN: COUNCIL MEMBERS — city Clerk NM arl NMK)as z1ammb -,, 3 '10.00 N -!i�! :ad F -- x rz Q2 CZ Cu F RECL TIQN FPQ$ IN PUBLIC HEARING NOTICE RF,witaaw" F*111WE A114) THE FEWT1*1 -0 VACITF-1115- T On Thursday, October 16, 2003, in the City of Lodi, San Joaquin County, California, a copy of Pubfic Hearing notice — Reaolution of Intention to Vacate Neuharth Drive and the south 300 feet of Ackerman Drive (attached hereto, marked Exhibit W'), was posted at the Rowing four kmations- Lodi Public Library Lodi Citi® Clerk's Off ica Lodi City Hall Lobby Lodi Carnegie Forum I deters odor penwly of piaviury 1hat the foreng is tree and correct, ExeCLAOd on October 16, 2003, at Lodi, California. SUSAN J. StACKSTON CITY CLERK Jacqueline L. Taylor Deputy Cit y Clerk Patricia 0-choari Adm�nistrafive Clerk deputy ci�p kark arm lF NOTICE OF PUBLIC HEARING RESOLUTION NO. 2003-194 A RESOLUTION OFTHE L CITY COUNCIL DECLARING ITS INTEN- nON TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERfit AN DRIVE, A PORTION OF "MAXWELL INDUSTRAL PARK, - REFERRING, THE MATTER TO THE PLANNING COMMISSION, AND FURTHER SEIMNG A PUBLIC HEARtNG BE IT RESOLVED by the City Council of the City of Lodi as folly s: �$ th,? inj,3ndon of the t.-Ity Council of the City of Lodi, aGfing in accordance vutith the -eeb Cede tate of, prcmsions of atom 8300 at ,cif of ft ti 9 Sand HighwaW C e of h St e California, to vacate and afwd on the 60 -foot street rights of way of Nauhafth Drive and. the 3,-)Wh,5DG fuei o -f Ackerman Drive of "Max it Inclustfial Pare as recorded on April 19,1979, itj jacok of MaDs anj its, Volume 24, Page 47, San Joaquin County Recorft, and as ,3.hown on Exhibit A attached hereto and theireby made a part horeot; and Rim uani to the requirements of Government Code Section 27288. 1, the name of Via �W I -th Drive and 1841 Acl(errnan Drive, as 0 appeared ,-,Or of 'ffiO title Or trot in 40 Neuhai I the firne and in the document creating the interest, right, or encumbrance !,s a -s fotlows-, TffiRK F F 2QW TRU61 AMLY- I BE IT FURTHER RESOLVED that this matter shalt loo raferred to the Planning Commission for approvat; and BE ff FURTHER RESOLVED that this City Council does hereby fix Wednesday, November 5, 2003, -it the hour of 7400 p,m,, in the City Council Chambers, Cart e& Forum, 305 Wwt Pine Sheet, Lodi, Cafif.Ornla, as the time and ptaco O when aW where ati persons rntoreated in or obj%,fing to this proposed vacation may appear before this City Council and be heard-, and BE !T FURTHER RESOLVED that the Public Works Director shall on ria to be posted nofice& of easement vacabon conspicwusly along the tine of the easement lv�neinabove describod and proposed to be vacated in the manner, form, and for the iength of time qetfkbM� in Section $323 of the Streets and Highways Code of the to of Caffornia'. and BE 11' FURTHER RESOLVED that copies of thki rGsolution shall be published for at leaqT two successive weeks prior to November 5, 200 .3, to the "Lodi News -Sentinel " a delly nwwp,paper of generat circ uiation printed and published in tho City of Lodi, County of San Joaquin, DaW, October 15, 2003 I hereby r-affly that Resolution No, 2003-194 was paosed and adopted by the City Council of the Ctty of Lodi in a regular meeting held 0slober I -S, 2003, by the follMing vote - AYES. COUNCIL MEMBERS - Beckman, Hanson, Howard, Land, and Mayor Hftchoo(* NOES., COUNCIL MEMBERS - None ABSENT: UNCIL MEMBERS - None ABSTAIN. COUNGIL MEMBERS - None �.— �;7 SUSAN J. BLACKMN city Ole* P-003-194 TO: PubfiG Works Ir for FROW, 3tj$An i. Blackston S�12 City Clark DATE: Qctober 16,2003 SUBJECT% RESOLUTION OF INTENTION TO VACATE NEUHARTH DRIVE AND THE SOUTH 300 FEET OF ACKERMAN DRIVE 1ea,qe be advieed that the Ci4l Council, at its meeting of Ootober 15, 200' 3, adopted the ,Mar hed resjai u' ton declaring its intention to vacate Neuharth Drive and the south 300 'Feet of Ackerman Drive and set the matter for pubfir, hearing on November 5, 2003. Pursuant t01 , the Public Works Department is required to post at least three- v*pies of the subject resojution and map in the aMa to be abandoned at least 15 darn prior to the PuNic Hearing, Upon compietion of the posting, please forward a copy of the Affidavft of postIng to me for our remms, Please contact me should you have any questions. S11WIM? Attachment M Community Development Director oc. w/o no; Public, Wwks Depanment 4D R RA� TL�ING PUBLIC HEARING NOTICE On October 16, 2003, In 11ha City of Lodi, San Joaquin County, California, I doposited in the United States mail, envellopes with fir st-olass postage prepaid thereon, containing a Putfic Hearing natio e — Resofution of Intention to Vacate Neuharth Drive and 1he south 300 feet of Ackerman Drive, marked ExhibR 'W'; said envelopes were addressed asis more partioular1y shown on Exhibit "B" attached hereto. There is a raguiar daily wmmunication by mail between the Dty of Lodi, California, and the - places to which said envelopes were adds ed. ! declare under penalty of per)ury 1hat the foregoinglis true and correct, Ex,eouted on QGtober 16, 2003, at Lodi, Caljfornia. ORDERED BY - JACQUELINE L- TAYLOP r)EPUFfY CiTY CLERK PATRICIA OCHOA ADMINISTRATIVE CLERK Formvix']V'Ail-ijc� I a 2 91- Mae M - � Weh'LR I TY P C ER MY CcNPNC€E. tMIyu'r LARRY D, HANSFN KEITH LAND r Interested Parties CFTY HALL. ¢;� t WEST € INE 5T€ CF -T R-0. Box sQGG LOM, CAUFORNIA 95241-1910 (ZD9) 333-6704' FAX (209) 333-6807 October 16, 2003 K DIXON FLYNN City 'Managwt SUSAN BL CK "i ON City Clerk RANDALL A. MAYS Cattytita s a 1EXHIBITA! VACAPOM TO VACATE NEUHARTH- DRIVE AND THE SOUTH 300 FEET DRIVE Ti his is to inform you that the City Council, at its regular meeting on October 15, 2 003, adopted a Resolution of Intention to vacate NeuharM Drive and the south teat of Ackwman Dive and set a public hearing for November 5, 2003. Pardo for your information i a certified copy of the resolution along with a map of the area to be abandoned. In addition-, this Matter been referred f ft Planning Commission and will b �to rd at its regular meeting of October 22, 2003, Please oontact the Community Deveiapment Department at (209) 333-6711 if you have any questions. Shoup d vou have questions regarding the ak�andonrnant, please contact Public Works Director Richard Prima at (209) 333-67M Susan J. Blackston City Clerk tijB rjfl-�p G: %blic Works Director CommuNt Development Director s=s��sanwala, air�s�;/ii?I a� a�.�n eta��x.4sa�; 46HEBiI B1, B VACATION f MANDONMENT MAMING LIST A-05-L—UTICN—OF INTENTION (9�1 PCRI[c Hearjng)���� qe� —isd ItQ' RG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6345 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W, Yokuts Avenue Stockton, CA .95207 Central Val* Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn� Joe Busealacci 18 10 E., HazeRon Avenue Stock -ton, CA 95205 ry RES11 ` :i TV " � I ' .' p, ACATI" - � "i �� OLUT.1000 � VON - lo Hda,0ng) Cero k -y wc vgr left; L_q- --- - DONNA AWNALLAH AU BACON MELTON L & KATHERINE �k R L--, N CT 211 E CENTURY BLVD 14X 191 CALABASH AVE CA 96240 LODI QA 95240 FONTANA CA 92336 iALL _00UC5LA,%dV BEADLE$ ROBERT D & NICOLE G BISHOP166MARTION P ETAL 'LARK WAY '128 ADOBE C1 PARADIS' ry R 220 MEADOW CA 9i'242 1-OD1 CA 05240 LODI CA 95240 ��ALDEIkON VDAVID, 1- & RO-51E I G'AMPER GLENN E & JANIS B CHAVEZ DAVID & TERF-SA 181� B'A(,XBtRD,,-,_f' 1919 S STLOCKTONST 1818 S SACRAMENTO ST 1,C)DI CA 952'40 L,ODIpp CA 95240 qq LODIqq CA 95240 C,RYSTAL ENTERPRtSES LP DF -MPF -WOLF WCHAEL & DOROTHY DIAB FAROUK & SAHIRA Po E30X i 21 59 227 1- CF-NTURY BLVD '0608 OAKINILDE AVE, INC�00BRIOQE ""A 95258 I -00f CA 9524f: STOCKTON CA 95212 DUNCAN PATRICIAL F' ORES DONATO & M D C GAMBLIN K DOUGLAS & R V"CR 643 PERLEGOS WAY 1938 ANDERSON AVE 3444 E JAHANT RD LOQ� CA 96240 LOD( CA 95240 ACAMPO CA 95220 '{t 4 1 Ittlkyll 1(l 111taw till I N f- SANTOKH K GRIFFIN MARY LOU TR 'Tn P GILL , �,?O S CHER.0�,�,EE SUfTE A 22,32 STARUNG WAY 780 CORONADO LN LODf CA 96240 LODI GA 95240 FOSTER C1'fY CA 94404 Hlii tJ, dNzIlMly !H," 1111tJ I � I R" 6 &JI 1x3 t4kLF malm to 4$ GU7 �ERREZ MARG-ARETA HAAS JOHN & KATHLEEN HIDALGO DAVID& HORTENCIA 1830 S iACRAMENTO ST 210 MEADOWLARK WAY 218 MEADOWLARK WAY ICA 95240 L = CA 95240 ,(-,FDI CA 952gg 40gg> L001 W)BSON MAzRK C & LEIGH G HOOVER CLIFFORD & L M JORDAN CLAUDIA K 1864 WREN CT 1824 S SACRAMENTO ST 'q23 ANDERSON AVE -i �,ODI CA 95240 LODI CAgg 95214ii 0 LODI CA 95240 KAFELEU K HAKEEM Kl HtDA GEORGE- JR ETKU KLCH JOHN R &MARY 5398 COUNTPlY VI -EW DR 1725 RPN DR 1812 S SACRAMENTO ST RIC, LODi CA 952-40 �0131 GA 95240 HMOND A 9480 KLOPSTEIN DANA J Ki U` TERRY R & ROSE TR LEEDY FOSTER 1919 BLACKBIRD C"T PQ BOX -1720 PO BOX 1271 ]C "'A 95240 LODI CA 95241 LORI CA 957.41 At -LEN H, LODI HUTCHINS STREET ASSOC MARKLE BONNIE G & PATRICIA (-)RAN(.-'3E DR� 1420 S MILLS AVE #M 513 CONNIE S,r ,AVIL�E " 'A 956871 LODI CA 95242 y LODI CA 952,40 OAXWELL'�,>ROPER71ES `0632 VERELL I WAY -�QRTER RANCH (--A 91326 IVIONR01:7 ROGER C' &VICTORIA 22-1 E CENTURY BILVD FAUKER7 �-AreFtVf RTR 1341 BLACK31-ROPL ODI CA 9,5240 ROMERO RICHAR0 &SUSIE 2037 QUIRE NAY LQD� CA 95240 -�ANTOYC GU TEND LAURA A 1805 LAC" ICS CT LODI CA 95242 SEVER�ON CLARENCE C & L 20500 TIFNQA DR -,)D! CA 95242 Hli milk"I €Id STCPHENS ANDREI-A? & MARGARET 232B W�Kfff-:RGREEN GT LoDi CA, 9524� VAI "ENSiN RANDY &LYNNE 79-750 RANCHO L.A QWNTA DR �-A QUINTA C -A 92253 PACCELLCSN 1"AfAWY 8 SCHLENKER E)P . LODI CA 96240 PAGOLA JEAN P 1823 BLACKBIRD OT LODI CA 95240 POUTRE PAUL & RHONDA 1836 BLACKBIRD PL 1-001 CA 952-40 lid k1fill middl d III, DdIlrd ROUPPET GARY E I ,581 S STOCKTON ST LORI CA 95240 SCHAMBER CHRISTOPHER 8 2 SCHLENKER DR LODI CA 95240 SPRAKE ROBERT 0 & ANNA L 217 MEADOWLARK WAY LODI CA 95240 1 I ; Ilol 11 �. I I; tg, ul�ralv 14 TONKS JEFFREY M & CATHY M 4908 SIR EDWARDS CT F"AtR OAKS CA q,5628 Hill Id (L� Htf I zk 0"ITIk Sd VANOVER GIL JAY TR ETAL 1536 VALENCIA AVE STOCKTON CA 95209 05 1a11 11J.Mtt" t@4i vlw MOITOSO MANUEL& REBE=A 202 MEADOWLARKWAY LODI CA 95240 PASSMORE JOSHUA E &AMBER 1828 BLACKBIRD at LODIyy (-"A 95240 REEVES V1CTOR M 1871 BLACKBIRD PL 1,001 CA 95240 RAM 141.1 111"T 11 d RYAN I ?BERT 1) & CHERIE A 1883 RLACKaIRD PL LODI GA 9,9242 I till 31i8t1 ll 1.8SFSil k§4 mrAd SCHIMIKE ROBERT C TR ETA', 1900 W LORI AVE LODI CA 95242 STANDART DANIEL M ETAL 1829 BLACK81IRD PL f LODI CA 95240 UNION PACflC RA�LROAD CO 1416 DODGE ST ROOM 830 OMAHA Nf68179 VILLASENOR OSCAR ETAL 539 BURLINGTON DR TRACY CA 9,5376 tlltlol 1111111,1" i I'll,, 4,,,,j VVSZ ByRQ'N L TR El,'A�WEISZ WAYNE & MICHELLE WELK PAUL JAMES & SANDRA K 16115 S STOCKTOP4 ST 2700 WAIT AVE RM 2305 15880 N 0, URRY AVE --,r)M CA 95240 g SACRAMENTO CA 9,5821 1-001 CA 95240 I)POUPANT OGCUPANT OCCUPANT '2 S ANDERSONAVE '936 S ANDERSON AVE 1930 S ANDERSON NVE jrCA 95240 'LODI CA 9,5240 LODI CA 95240 00CCUPANT OCCUPANT C=UPANT X922 S ANDERSON NVE 137513LACKBIRD 1625 8 STOCKTON ST UQD� CA 9,524,0 t LODi CA 95240 LODI CA EE 9-5,240 OCCUPANT OCCUPANT OCCUPANT 1730 S ACKER MAN? DR -17 17 S S TOCKTON ST 1918 S CHURCH,5T OEN CA gi240 LOD� 95240 LODI C -A 96240 00""UPANT OCCUPANT OCCUPANT Q MAXVVELI1,`,'T .17 S STKTON SIF 215 E A1-700ND DR L00i QA Q-5240 LOD� CA. 95240 LODI CA 95240 ii 1 1 1 - ! I �' �) 111� Rtl" 411 PIN) vikhd,1141 vo� Fit Ildwld.110,ml,a, 11"4 0CGUPANT OCCUPANT OCCUPANT 1744 N ACKERMAN DR 33 MAXWELL ST 27 E MAXWELL ST 'QP LODI CA 95240 LODI CA 957-40 NCA q5240 -CUPANT OCCUPANT OCCUPANT 23 -EMAXWELL ST 1617 S ACKERMAN DR 1620 AMERfCAN DR I -ODI CA 95240 'pp;` DI CA 95240 ggjj Lgg OOt CA 'a5240 OCCUPANT OCCUPANT OCCUPANT ' r70 S ACKE RVIAN OR1797 S STOCKTON ST 1801 S A0,KERt-01AN DR -QDI CA 95240 LODI CA 95240 L001 CA 95240 Ili,, 'It'll 11L m OCCUPANT OCCUPANT OCC UPANT 1841 S AC KERMAN DR '1803 S TO TO ST 1831S STOC'K70N ST L0 1 C A 9,1524'0¢ 001 CA 95240 LOD� CA 95240 J��111 Jt Ilk Jmulizi lid C)(-'CUf'AN'-I- OCCUPANT OCCUPANT 40 NEURARTH DR 1936 S STOCKTON ST 123 ADOBE CT CA 9-524* LODi CA 95240 LODI CA 96240 lkk� Mllil 1M.lIt"JIM"41 ... �1"J OCCUPANT OCCUPANT OCCUPANT 120 A D i") B E C 111 126 ADOBE OT 2033 SQUIRE WY C' 9524-0 LODI CA 95240 LODf CA q OCCUPANT OCCUPANT t ll'A i 1860 WREN 07 E ,. f I., l l WREN' � ?pC�yA 9 ���� 3 9L9.C` t {{ gqq ppgg g qq ?E yA t0 p V3! SEg>�a�zt:#�aiCe§s.�na=�d«aic�€aeeFa�rar$k�€aiBi?ai �._f�a8�;t8€seak�§aE€i�:;t�.€Yt€s�95240 OCCUPANT 209 MADMLARK WY LOM CA 40 gA § §{ t 00y 20 2003 Q,12AM CITY OF LOD 209 -333 6648 P - MEMORANDUM, CAly of Lcdf, ComMURRY DevelePwtnt I)ep4t"Mont To, Pumvjng commizion From- Cownwaity DaMopwwt Director Daftm 0ataber 22,2003 sul(�?,ctz fintontma to we Nmzhwth Dyivr, and %zsmtU'a00 ft -,a of Ackrm)an Driw, As EeqvirvA lq thee Govemmmt Code, the Plamug Commissio=gear -x1 u) review and ,=x end to thr, City Cvuucil anytiz= a vacation (abmc) Of fight- a--viay i5 mqRested. In this case, Newhafth Ekive asAd Um south 300 feet of Arkmaiau. Drrm berve been 3-eque%med to b-- vacmd for street puToses, The akpumnt win be r�tained pwoso-s fm undorgrou-nd and ovahead utilffics, The, �ftet fighr- �4;-way angent has Nen zrquatcd by the qwxwr of 30 Neubuth Drive and 18-41 Ackenuan Ddvn, (Oxtagr—BAery) to facifitate integmfion of food Manufhct�=g operations into a single industrial compound. A would be ronawcted on Ackorman Drive W mmu%in vehicle aitculwion on Adennan Drive north of fts Proposal, Staff rermumends that the Planning Comxni�,sion rocsd approval of the requested vacation a% dewribed in the, attached Resolution, Community De'volopment Director Attachments .JA Oommunfty Development\PlantilnoSTAFFRPT\P-003\vacatePUE-NueharthDr..doc, OCTP9 Z003 1011?RM CI-Y'Y OF #_ODS 209 -333 6642 P-4 pRopoSF,D STREET ABANDONMENT I. it INO. P.0 03-39 A REK)LUTIONCSF' THE PLANNING CONUMSSION OF THE CITY OF LOUT RECOKKENDING CITY COUNCILAPPROVAL OF A REQUESI—ro VkC-A-TE NUERARTH DRIVE AND THESOUTH 300 FFET OF ACKERNIMN DRIVE, WHEIKEAS, die Piaiwia- Ccuiimissiozi of the City of Lo& 114S h=t0fDYt, h '°owd nIcred thtc 'ww eel 1cdo an ;)ur:,te uant i( City Codtarc-e-Ts'bacl 11 J. g h w uY C (-jd e, WIIEREAS. Conap Bdkery, property owaors of'30-60 M,-uharth Drive and 184s w ca . 1-1901 Acke-romm Drive hav�,- nquested the street to t va ted -1 WHEREAS, th(propos-d Vacation wM no' be M:rimentwi io,,he City ch-culadion system-, and WVIE,RBAS, Uie proposod vacarjoy, is in keeping with the, principles'3f the - Plan, NOW IBE U DETF-RMIN-ED XNDRESOLVE',!) by the plwaling of'he' city (4 Lodi Eat, lbljo.ws' The Plmixiing Cofnmiwsion hereby rewmmends to the City COuncil that Neuharth Dfivc and 1111c south 30) fm� of Ackormzul Drive be vnawd. Dato- October 22-21003 I 'hereby c�,mfy that Rewdutiorx No, 03-39 was passed. ad aniopmd by th-e Plaaa-ing of the Clzy of Lodi at a regular mectin , 0 t , 22, 20 g held on c' obej� 03 the RAO' ill': V(atc" Y'R, S., Commissioner.s, Aguirm, Haugan, Heinitz, Momn, Philflips, White, and chairman mattheis N 0E S I collm-aissw1wm: AT'ITS11- Se ry pf NOTICE OF PUBLIC HEARING LODI `I"IE OCTOBER le &25", 2003 .. td`s' _ EA WN 0 _.._ R SOLU' -to NO, W05- i ARi $OLUiiON OF THE L" C%€ r i3tS dl.ttr�t„QLt�RINC- ITS ii;&iEi�T*NT VACATE% t;ttAF$�t$LiKtt dti€�%a ir�tFSOUTH 1 +.4V$ IAL PASK, . AM—AMTHK- MAYWR TO THr- PLANNING COMMISSION, ION, SF t KG ik PUeLl'Q HEARIM BE IT HESOLVED by iho City %sums l of Elio Gity of Lodi as follow*: If is t0 ir:tendon of the C"ty C onn€ t of the GKY of i tom, a0inEg In acoaydanm� vtiih tlao pro, visionq od Sectk'rt 080tY at acct. if the SFrsteis acrid Kghwtay� Coda of lire Siste of QAirarnla. oa vp taaarva abandon tha 0& -font vwezt Napsof a y & Nauhanh D dve5 and Ihea sf714@h Sag tw'? € �f ,��3terrmesn. f v t ` R ?at Indurifti i'aW a� roc�`or d o a AP t 19, .1979.. in ovk ,It T4 s rim; Flats, Ybsitrw 24, P 2 47„ P.€e J agOa Coy, dy Records= wid am ahowo on FAliTait A ett-3ohard hmoto and Uwr �r mada, a part hereof, and Pursuani to the of 0overnment Code Sectiart 27208, t, Me name of the owner of tho title pr interest its 40 Neuharth Drive and 1841 Ackerman prfvt, as if appeared at tate 11mB and In the document arsaling Ilia lnte€asi, right. or ancumbraoce ds as tollawsl ,3L- IT YvURI-HFA RE'$QLvEC that this Matter Shed be reg€erred to Ilia Planning Commission for €tpzraavel" ata€ BE I T FUTHER RESOLV60 Mat this Oily Cta3 nrif does hereby tax Wed€seasday November 5, 200d, at the hour of T 00 p,ara_, in the City Council. Cdia€ Berta, QarniWla f%rurn, 305 West Pine Straw, Lodi, Gat€fora , as the tisrsa atct4 *csi ee wt anmi v hem nil "Taons iatere aced in or € bjecting to this proposed vacalioii may tappenY Wore ;flls City Council and be herd; and BE IT FURTHER RESOLVED ilial the Pubilc Worka €fit olor $hall aauso to be tact nolloas of eatSiprium vmcation Mang tha line of the easement ner€flnttbove described and proposed to be vacated in the czar rsar, farm, and tesr The Ianglh of time tel fonts to .Seashore ea2a of the StreetR �.Rtd I jgwAp Coda of She Siete of California, and BE IT RESOLVED that eoplea of this resolullan sialic bit published for at ieast €Ivo s€ac- cessive weeks Sidor In Novemlior 5, 2W% in the "Lodi a daily newspaper of ganorat rlrrulatlan It€imed and published in the Oily € f Lodi. Gounty W San Joaquin, Dated: 000ber 45. 9=3 i horaby God#ity that Resolutl©rr No' X4 3-194 was glassed and adapted by the City Council a= the 03ty al Lodi In a rerduiv nlaating 1,014 October s5, 2003, by the following vote: AYES: COUNCIL tvfEMSaRS - 260kanon. Hansen, Howard, Land. and Mayor Hitchcock NOES: COUNCIL M15MBERS Nonu ASSENT COUNCIL ME-W~RS Nona AW-TAft, COUNCIL MEMBERS—flat ,9: SUSAN J, BLACKSTON City cla3rtc J ` lowF To 1 [ N^ �..+..w�..,�r.._....... .,.,_..,.-»�.-... x .mm--..,.-.tee--.--..wr..r m,^r.inwa<.w.eewms..i+....vwwc.mw--�..am...._..�-r.v....-�-•--_a-r-�.,�,,..._�._.........._,�v.._....� �i LpI , ,, �� TEAA SHEETS WANTED', ORD a JACQUELING L, TAYLOR. DEPUTY CRY VERK October -')3, 2003 Kevin Van Dewark Cottage Bakery Incorporated 40 E. Neuharth Drive Lodi, CA. 95240 Dear Kevin, Thank you for your bine during Jack in the Box's Quality Assurance audit of C0 ftage Bakery, in Lodi, Califomia, on Oetober 16, 20031. Also, diary k you for forwarding Cottage Bakery's Idod safety and quality documents to my att�aitjon. `ThQ, pm -pose of the audit was to assess the oondition of the facility and the adequacy of the food safety systems at Cottage Bakery, A few issues were: noted during the audit that must be addressed before Cottage Bakery can be approved to supply ciabitta bread for Jack in the Box test mark -et. The deficiencies noted during the audit are listed. below. Ingredient Storage and Transportation A-Ulor 'ngredients are stored in a w arehouse across the street from the production !..'acjlit, Jack in the Box requires ingredients to be transported in sealed, covered tTansportaliorl. 'D vide spQ,"Ifics On how the niu-ior' a-edients for the oiabatta bread will be sent I rovi I In ov�r to productIonf'aciIity.ftm' the Ile w warehousc? Fimishing Department * The doersinthe finishing depar"ent were not compleWly sealed. X Ensurc,- diat all the doors in the facility are tight and sound. * Flies were observed in the finishing department, * 'The. soume of the flies must be detemained and eliminated. * provide, information on how the fly infestation has bet n rectified. Break Room V A hole was observed In the wall of the small. break room. 0 The hole must be repaired, Candy and cookios, containing peanuts were observed in the vending machine. It is suggested that peanut based items be removed -from the vending machine. Jlb'..s will help tmsure that employees do not accidentally introduce peanut ulergens into products being mantifitctured at theolaw, rhe war water(I 10" F was not available at the, hand washing station. 0 Emiur-- warm water is available at all hand washing stations. A bio-sectuit , program is curt6ently be-ing designedbe-in and put into place, ovido a saum-iaxy of the cijxTent bice-sexup-ity program and. the proposed bio - s c ity pro am- clude a d eIz e for the iinpleme tation of the updated program. brougho t the i grtdient wuxchouse and produc-fion areas many doors were not co latah �;cried to be t ght and sound, 40 ploa -- vis ally i sp,=A: all clo rs throughout the facHity, and ensure corrections arc. made to ensure, t ie doors are all tight and so d. Prov-ide a s -um ary of what all.ergons (except wheat.) will be manu.f .ctatmd Q the new bread Include how these allez cns will tai segregated, leasP, provide wnitten and pictorial vori zcation fhat the ab€ ver issues have bl een addrl�.ss d by 1` ov bQr 6, 2003. Please hic4tle any new w itt�. policies, proc�dums, or doc me, tation requested. If You have x-iy questions, please call .t� at (858) 571--2587. Bike,, -,-1:Y, Produ 1,imager CO- Dave AIRm Mar derse Alan Cline Roam e. Stove Elizabeth Witt joff ablkian -- Cottage Bakery lnric, lam{OV--05—OZ 09 , 50 AM §....ODI: TENT AND AWNING 209 w68 321 6_ � � � d=v.�� 1 R, ��„E € E s.., FAX: At.tra@ Susan blackston, City Clerk. 333-6837 � �✓. ;z OCL. 0 're ted to fate �_ owners). G-03 Su �_ Supplemental Info. �3qy of <: "ji The following tau si.ness and employees of Lhose businesses STRONGLY c,ppose Lhe proposed closing of HUE tilt` U aL S'1`E.3€.;KTUN STREET. This well .a"d luck csur anLCanCe/eQL Lo geL to work, LU got $amue, or Lu Lake our work vehicles out Lo compleLe our ca"Lrac: L0J/ Shedl J0d work if there in c.;lon"re for any reason at Llae Unly- vnLa'an e of MAXWELL AND S` OCKTON S'.1`REPI *MAXWELL and ACftERMAN business will be vIrLualfy ShuL ciao". _'lease add this tie fist of _QP a����_.� _ no clQsure to euha th , w ret to lct�ow e to Lr ets to et to aria from work. City Council Meeting on Nov. 5 003. GARY HEEDERIK Residefitial Energy Consullanl moNE (209) 3619-3916 rAX. (2991369-4962 PAUR, (209) 339-5899 (.0i Box 9318 Sly}rklon, CA 95208-0378 n"11 4putmgydt CM11 SGL f 7MM2 111H IN HUM[ GoNgHtIVPQ G Nov. 5, 2003. 8:30 a.m. FAXED. by Sandra Welk * CN4 1 P 4 In an effort to obtain personal safety, food safety and security, I am in support of Cottage Bakery's Neuharth Dr. and Ackerman street closure proposal 11/5/2003 In an effort to obtain personal safety, food safety and security, I am in support of Cottage Bakery's Neuharth Dr. and Ackerman street closure proposal f 1/5/2003 In an effort to obtain personal safety, food safety and security, I am in support of Cottage Bakery's Neuharth Dr. and Ackerman street closure proposal 11/5/2003 In an effort to obtain personal safety, food safety and security, I am in support of Cottage Bakery's Neuharth Dr. and Ackerman street closure proposal 11/5/2003 40. CITY COUNCIL SUSAN HITCHCOCK. Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND Mr. Terry Knutsen Cottage Bakery, Inc. 1562 Edgewood Drive Lodi, CA 95242 CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@iodl.gov http.klwww.lodi.gov October 30, 2003 H. DIXON FLYNN City Manager SUSAN J.SLACKSTON .City. Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Public Hearing to Consider Resolution/order to Vacate Neuharth Drive and the South 300 Feet of Ackerman Drive Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, November 5, 2003. 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 Wally Sandelin, City Engineer, at 333-6709. r : Richard. C. Prima, Jr. Public Works Director RCPlpml Enclosure cc: City Clerk NCPHABANDON MAXWE=LLINDUSTRIALPARK.DOC