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Home My WebLink About24-Development Services , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue. Dept: Development Services Date: March 16,2004 0 RIG I N A L File No. 15.30-373 Synopsis of Previous Council Action: MCC Date: 04-05-04 12-15-03 - Authorization to proceed was given for the proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue and Plan No. 10894 was approved. 02-17-04 - Resolution No. 2004-51 was adopted, setting a public hearing. 03-15-04 - Public hearing continued to 04/05/04. Recommended Motion: I. That the public hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue, is no longer necessary for public street purposes, be adopted; AND 2. Adopt resolution. ~~~ James Funk Contact person: EILEEN GOMEZ Supporting data attached: Staff Report/Map/Reso Ward: FUNDING REQUIREMENTS: Amount: $1,000.00 Source: (Acct. No.) 001-182-5011-000 (Acct. Description) Real Property / Salaries Finance: Council Notes: 'i2.to~ ~ 2!>l44'L Agenda Item No. J.q ~/5/0lf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue. BACKGROUND: In October 2003, this office received a request for the vacation of a portion ofthe east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue. The request was City- initiated through the Council offices on behalf of Eddie Galindo, the owner of Eddie's Radiator, Muftler & Smog Shop, located at 195 E. Base Line Street in San Bernardino. Public dumping, blight, public disturbances, and unlawful activities, have been constant problems in this area for many years. The proposed vacation of this portion of the alley would assist in eliminating these problems. The majority of the adjoining parcel owners have signed the petition in favor of the vacation, as they have all been directly impacted by these public nuisances. On December 15, 2003, authorization was given to proceed with the proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue and Plan No. 10894 was approved. City Departments, utility companies, and all adjacent or affected property owners were mailed notification of the proposal, and were given the opportunity to submit comments on any conflicts or to reserve easements. All responses received were favorable. Southern California Edison submitted a request to reserve an easement for their existing facilities, which will be reserved in the Resolution ofIntention and the Resolution Ordering Vacation. On February 17,2004, Resolution ofIntention No. 2004-51 was adopted, setting a public hearing for March 15,2004, which was continued to the Mayor and Common Council meeting of AprilS, 2004. Notices were posted along the area proposed for vacation and published in the San Bernardino County Sun newspaper. Adjacent property owners were also notified ofthe public hearing by mail. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: I. The Director of Development Services has determined that the portion of the alley proposed to be vacated is of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (coot.) 4. All of the City departments and public utility companies were notified of the proposal. Responses were received and no conflicts were noted. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for Southern California Edison for their existing facilities. FINANCIAL IMPACT: Staff time to process vacation will be paid for from Real Property Salaries (Account No. 001- 182-5011-0000). RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. ;" -~ - BASE LINE, $4' '0' ~<D 0 ~77" ~ @ TOA T.. €) ~ , , , , , , @' '7" '17" ., , @ ~. @... i,.. . .; @: '. .,.. ~"T; ;,,' ~;-I"h .~. ,,' NS.4'" No Scale . ! ---t-..- I !ddl'~te.r f1l 5hof t'V':t:r1 -fo.~~l.~ i 4'" .,,' .rt#" 1]\ -, ':.I~ o ~. ..,. ~. -l-~ " ~ STREET -..~ . ..1(;1' 47:7. ~I.:no._ .s. ~ 'I I ". ' I I - J. J..- ~'r.. '"", 'A . '''' Ie ,.' , I I 12 13 i 4 .sO' JO' 0.... " R-' (1) .". I ~ <: ~ '" ,. <l .. I ~ '" :> <: 0 @~ '" ::. <l 5 0 , I , T (VA 01 (1) I I J! of: 5 ____.!. ___l _~_ ___ @ ~I' ,..... o @~ o @ @ @ ~.1 0 2 0 3 @ \)'1 4@~~' or." ;.5 . @) ,..,..,.," '''' ~\!..I ~Q) 2 o "0 , 7, > 'i4'. , ~': ~@. . .. ". . ' . , @ @~ , ..J ~ - '.141" I '.1.'70:2 /r..zr - 0 , ;, U I \~ 2 0 i , , -, , 7 ~) , fl: 4 ",. 3 @ , 81../C. . , , I , @ fi.S.8. {i) 5 B. 0 0 B @ ~ @ B 7 @) ; 9 ; , . , , . , @ @ 4 ~ @ ~ ~ $S @l 9 10 @ ~ ~____'~~'_____ nn!!O":______;-_ /s~. rc 10 @ ,..r~.,,' ~, 5 i o ,~.~--;---:T:- ~4'S 'f ~~.'@@ l@ , !'.. _......1...:._~-..._ --- 5 0 @ @~ ; .s.'- B , I 2 3 4 5 , - ~@ 0, @ @ l.@ @ '" :>' -J . @l < I , <0' ,,r.T" $0' ~. I "-. '-t - - ~ STREET T':. .~. -'; :.,;.."!. .-.... . . ". .~.~~-...L--__:__. I''''IN! Areas of vacation shown thus: ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION PROPERTY SECTION PROPOSED V ACA nON OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO A VENUE AND SEPULVEDA A VENUE. Acting City Engi er Prepared by: ,~ Checked by: J&s:?h l? Date: (0,1c~ Date: 12.11<(.i( PLAN NO. 10894 File No. 15.30-373 , . I. 1 C 2 3 4 5 6 7 8 9 10 11 12 13 o o RESOLUe Q)JEJL RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF THAT CERTAIN EASTIWEST ALLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO AVENUE AND SEPULVEDA AVENUE (PLAN NO. 10894) AND RESERVING AN EASEMENT FOR SOUTHERN CALIFORNIA EDISON FOR EXISTING FACILITIES AND FOR CERTAIN PUBLIC UTILITIES THEREIN. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION L That the Mayor and Common Council of the City of San Bernardino, having heard the evidence offered in relation to the proposed vacation of a portion of that certain east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda Avenue, described in Resolution ofIntention No. 2004-51, hereby find from all ofthe evidence submitted, that such portion of said alley proposed to be vacated by said Resolution is unnecessary for 14 present and prospective street purposes. 15 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion Avenue, more fully described as follows: All that portion of that certain 13' wide east/west alley lying north of and adjacent to Lot 6 of Block B of Fairbanks Addition, as per plat thereof recorded in Book 4 of Maps, page 17, records of the County Recorder of San Bernardino County, State of California. SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of San Bernardino or to any public utility; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole 03/16/04 L/Lo . /1.;/ ./ 4/~/{)~ . . ; 1 C 2 3 4 5 6 7 8 9 10 11 o o RESOLUTION ORDERING VACATION OF A PORTION OF THAT CERTAIN EASTIWEST ALLEY SOUTH OF BASE LINE STREET, BETWEEN LUGO A VENUE AND SEPULVEDA A VENUE (PLAN NO. 10894) AND RESERVING AN EASEMENT FOR SOUTHERN CALIFORNIA EDISON FOR EXISTING FACILITIES AND FOR CERTAIN PUBLIC UTILITIES THEREIN. markers and necessary fixtures and appurtenances, and said easement shall include the right of ingress and egress thereto. SECTION 4. It is hereby determined that the vacation of said alley is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of this Resolution with the San Bernardino County Recorder's office. 12 /1/ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2& 03/16/04 2 . . c o o RESOLUTION ORDERING VACATION OF A PORTION OF THAT CERTAIN EASTIWEST ALLEY 1 SOUTH OF BASE LINE STREET, BETWEEN LUGO A VENUE AND SEPULVEDA A VENUE (PLAN NO. 10894) AND RESERVING AN EASEMENT FOR SOUTHERN CALIFORNIA EDISON FOR EXISTING 2 FACILITIES AND FOR CERTAIN PUBLIC UTILITIES THEREIN. 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 25 26 27 28 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of ,20_, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney .k 03/16/04 ,3 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-hernardino.ca.us '" April 12, 2004 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 ~ . Attn: Recording Clerk At the Mayor and Common Council of April 5, 2004, the City of San Bernardino adopted Resolution No. 2004-92, Resolution ordering the vacation of a portion of that certain east/west alley south of Baseline Street, between Lugo Avenue and Sepulveda Avenue (Plan No. 10894) and reserving an easement for Southern California Edison for existing facilities and for certain public utilities therein. Section 5 of the Resolution instructs the City Clerk to file a certified copy of the Resolution with the County Recorder's Office; therefore, I am providing you with one certified copy of Resolution No. 2004-92. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely,. :i , t/)fIC.~ vy, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO