HomeMy WebLinkAbout13-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director Subject: Resolution of Intention: proposed vacation
of a portion of that certain east/west alley between
Dept: Development Services _ Arco head Avenue and Mountain View Avenue, south
- ~~ ~~~ ~~ of 18 Street and approval of Plan No. 11020A as
Date: June 1, 2004 O amended.
File No.15.30-372
Synopsis of Previous Council Action: MCC Date: 07-19-2004
02/02/04 -Authorization to proceed was given for the proposed vacation of a portion of that
certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south
of 18`h Street and plan approval.
Recommended Motion:
1) That the Director of Development Services and the City Clerk be authorized to terminate proceedings
for the proposed vacation of that certain east/west alley between Arrowhead Avenue and Mountain
View Avenue, south of 18`h Street;
OR
2) Approve amended Plan No. 11020A;
p AND ~_~ V ,tM~~
3 Ado t resolution.
Contact person: EILEEN GOMEZ phone: 5328
Supporting data attached: Staff Report/Map/Reso Ward: 2
FUNDING REQUIREMENTS: Amount: $1,000 (paid by EDA)
Source: (Acct. No.) 001-000-4780-0000
(Acct. Deccrintionl Va a ion Pro ..ccing~'~ec
Finance:
Council Notes:
Agenda Item No. '
7/~R~~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: proposed vacation of a portion of that certain east/west alley between
Arrowhead Avenue and Mountain View Avenue, south of 18~' Street and approval of Plan No.
11020A as amended.
BACKGROUND:
In February 2004, this office received a request from Mr. Patrick Neill, owner of 1707 N.
Pershing Avenue, shown as Lot 22 on attached plan, for the vacation of portions of the east/west
alley between Arrowhead Avenue and Mountain View Avenue, south of 18w Street. Public
dumping, blight, public disturbances, and unlawful activities have been a problem in this azea for
several years. The vacation of those portions of this alley would eliminate through traffic while
still allowing the owners of the abutting pazcels access to their properties from the adjacent
alleys. This would also assist in the elimination of the public disturbances. The majority of the
adjoining pazcel owners have signed the petition in favor of the vacation, as they have all been
directly impacted by these public nuisances. The Economic Development Agency has agreed to
pay for the vacation process, as the azea proposed to be vacated is within the boundaries for the
Neighborhood Initiative Program and related to current efforts by EDA to eliminate blight in this
azea.
On April 5, 2004, staff was authorized to proceed with the proposed vacation of portions of that
certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18`h
Street. 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. The Public Works Division indicated that they were concerned
with drainage and access for utilities. The Fire Department also expressed concem regarding an
adequate tumazound for emergency vehicles, which is a standazd requirement for a street in
excess of 500 feet. The Fire Department's issue was addressed by requiring a "hammerhead"
turnazound for emergency vehicle access, allowing for an additional 30 feet on the east and west
sides of Pershing Avenue into the proposed vacation azea. The Public Works Division has
indicated that if a wrought iron gate was installed to block public access; that would be sufficient
for the drainage issue. If the vacation is approved, a drainage easement for the Public Works
Division, and easements for Southern California Edison and Verizon California Inc. will be
reserved in the Resolution of Intention and the Resolution Ordering Vacation for their existing
facilities. An amended map which reduces the original vacation proposal to address the Fire
Department's concern, has been prepared and is attached for your approval.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
Several residents on the southern portion of Pershing Avenue, most of them elderly, have
expressed concern regarding the closure of the portion of the alley between Pershing Avenue and
Mountain View Avenue. These residents have indicated that they use this portion of the alley to
access the bus stop on Mountain View Avenue and 17`" Street so they do not have to travel north
on Pershing Avenue almost 500 feet, and then south on Mountain View Avenue another 550 feet
to the bus stop. Several residents have also indicated that they walk their children and
grandchildren to school by using the alley, which is much easier and faster than walking almost
the full distance of both streets.
Although some of the access issues addressed by various City departments have been resolved or
mitigated, there is still concern over the adverse affect that this vacation would have on some of
the local residents. After attempting to mitigate the concerns of the Fire Department and Public
Works Division, and continuing to reserve easements for utilities, it is the opinion of the
Development Services Director that there remains many negative consequences to vacating the
alley. The vacated alley and the south end of Pershing Avenue would not be able to receive
curb, gutter and sidewalk. The alley entrances would remain the same in appeazance. Street
sweeping would be made more difficult and trash and debris are likely to collect in the
hammerhead at the intersection with Pershing Avenue. Paved areas would have to remain paved
to maintain drainage of storm water through the former alleys. These paved aeeas (or drainage
gutters) would have to be maintained by and at the expense of the adjacent private landowners.
The remaining asphalt (not needed to remain in storm gutters) would remain or be removed at
the expense of the abutting private property owners.
Also, 50% of the 15 feet of the vacated portion of the alley could become the property of the
abutting lots to the south and 50% could become the property of the abutting lots to the north. It
is unlikely that the abutting property owners would desire to remove and relocate existing fences
and walls to the new property lines, and there are considerable questions and issues regarding
how new walls and fences may be designed and constructed over the remaining utility and
drainage easements.
Perhaps a superior course of action is not to vacate the alley and instead, remove the weeds, fill
the pot holes, trim the encroaching bushes and tree limbs, and resurface the alley. In addition,
direct the Code Compliance Department and Building Division to inspect and direct premises
maintenance improvements on the properties abutting the alley. If the Council wishes to
continue with the proposal, a Resolution of Intention setting a public hearing for August 16,
2004 has been attached. If approved, the Resolution will be published in The San Bernardino
County Sun, the street will be posted and adjacent and affected property owners will be given
notification of the public hearing. At the public hearing, a Resolution Ordering Vacation will be
submitted for your action.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
FINANCIAL IMPACT:
The Economic Development Agency has paid the vacation processing fees. In the event the
vacation proceedings are terminated, one-half of the processing fees will be refunded to the
Economic Development Agency.
RECOMMENDATION:
Staff recommends that the proceedings for the proposed vacation of that certain east/west alley
between Arrowhead Avenue and Mountain View Avenue, south of 18s' Street, be terminated.
1
2
3
4
5
6
7
8
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
INTENTION TO ORDER THE VACATION OF PORTIONS OF THAT CERTAIN
EAST/WEST ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW
AVENUE, SOUTH OF 18T" STREET AND RESERVING EASEMENTS FOR CERTAIN
PUBLIC UTILITIES THEREIN (PLAN NO. 11020A).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
hereby declares its intention to order the vacation of portions of that certain east/west alley
1
between Arrowhead Avenue and Mountain View Avenue, south of 18th Street, described as
11 l I follows:
14I
1
1
Those portions of that certain 15 foot east-west alley lying south of and adjacent to
Lot 11, Block "E" of Home Gardens Subdivision as per plat thereof recorded in Book
21 of Maps, Page 53, records of the County Recorder of San Bernardino, State of
California, excepting therefrom, the easterly 30 feet, together with that portion of said
alley lying south of and adjacent to Lot 22, Block "F" of said Home Gazdens
Subdivision, excepting therefrom, the westerly 30 feet, as said alley is delineated on
said map of Home Gazdens Subdivision.
SECTION 2. That the Mayor and Common Council of the City of San Bernazdino, in
vacating the above described portions of said alley, elects to proceed under and in accordance
with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
21~
being Division 9, Part 3, of the Streets and Highways Code of the State of California.
SECTION 3. That the hour of 4:00 p.m., on Monday, August 16, 2004, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
and place when and where all persons interested in or objecting to the proposed vacation may
appeaz before the said Mayor and Common Council and offer evidence in relation thereto. For
further pazticulazs as to the proposed vacation, reference is made to that map marked "Plan No.
06/30/04
1
2
3
4
5
RESOLUTION OF INTENTION --VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST
ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF 18TM
STREET (Plan No. 11020A)
11020," approved on February 2, 2004, and "Plan No. 11020A" as amended, a copy of which is
on file in the office of the City Clerk of said City.
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
7~
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 the City of San Bernazdino, its
successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities, including
1
111
1
the right at any time, or from time to time, to construct, maintain, operate, replace and renew said
sewer or appurtenances and said easement shall include the right of ingress and egress thereto;
and there is hereby specifically reserved for the City of San Bernazdino, its successors, heirs and
14
15
16
17
18
assigns, an easement for drainage purposes and appurtenant facilities, including the right at any
time, or from time to time, to construct, maintain, operate, replace and renew said appurtenances
including the right at any time, or from time to time, the right of ingress and egress thereto; 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
211
wires, cables, conduits, poles, pole anchors and guy wires, manhole mazkers and necessary
fixtures and appurtenances, including the right at any time, or from time to time, the right of
ingress and egress thereto; and there is hereby specifically reserved for Verizon California, Inc.,
its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain,
repair and replace underground and overhead structures consisting of wires, cables and necessary
fixtures and appurtenances and said easement shall include the right of ingress and egress thereto.
06/30/04 2
:~
1
i
6
.
~
;~
1
i
1
"i
,
~
i
f
4
t
f
s
`t
E
i
`s
1
2
3
4
RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST
ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF ISrx
STREET (Plan No. 11020A)
SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to
cause Notices of Alley Vacation to be posted as required by said "Public Streets, Highways and
Service Easements Vacation Law."
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
Intention and shall cause the same to be published once a week for two successive weeks in The
Sun, a newspaper published and circulated in the City of San Bernazdino, prior to the above date
set forth for the public heazing.
11
12
13
14
15
i6
17~
211
281
///
///
06/30/04
3
1
2
3
4
5
RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST
i ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF 18"'
STREET (Plan No. 11020A)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the day of
71
Council Members: AYES NAYES
ESTRADA
9
10 LONGVILLE
11 MCGINNIS
12 DERRY
13
14
15
i6
17
18
19
20
21
22
23
KELLEY
JOHNSON
MCCAMMACK
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
meeting thereof
20 , by the following vote, to wit:
ABSTAIN ABSENT
City Clerk
day of , 20
JUDITH VALLES, Mayor
City of San Bemardino
JAMES F. PENMAN
City Attorney
n ~
06/30/04
4
J I I I l I I I II I ~ L
---~--- o --18th -------~------ STREET ------~---
41.25' 141.25' ~ 30' 130' 41.25' 141.25
I I W
W ~
~ w z
LLJ z
> Q
Q Q
I
W
Q I
Q rr i
w ~zl z
I - Q
_ ~
0 ~ z
~ w
~ ~
Q
I I . ~- -
---~
I ,
~ i ~
I I I I I JJI~ .. III-- 11i I I I
I i i iPOR.iARRbWH~4DAt7ENU6SUB.
M.B. 18/30
~0 ° ~a
~,~: ,._,ao.
CITY OF SAN BERNARDINO PLAN N0. 11020
PUBLIC WORKS DIVISION
REAL P PERTY SECTION Sheet 1 of 1 PROPOSED VACATION OF PORTIONS
Approve ~ Date: t ~ OF THAT CERTAIN EAST-WEST ALLEY
,,~,~ «„ 9 BETWEEN ARROWHEAD AVENUE AND
Created by: sra T.. Date: _ MOUNTAIN VIEW AVENUE, SOUTH OF
Checked by: ~,/;-n~t_ Date:, ,,, ,,~ 18TH STREET.
12
13
14
15 ~p?~o
0
16
17
18
19
20
21
~ 22
iz~.~r
15' 1
2
3
4
5
6
7
8
9
10
~ 11
iz~.~r
12
13
14
15
16
17
18 ~O
D
19
20
21
2z ~
~zz~z'
15' 1
2
3
4
5
Q~ o
6
7
8
9
10
11 ~
~zz~r