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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution of Intention: Vacation
of the east/west street lying between "D"
Street and Stoddard Avenue
Dept: Development Services
Date: May 19,2005
File No.1 5.30-384 MCC Date: June 6, 2005
Synopsis of Previous Council Action:
April 4, 2005 Authorization to proceed with the proposed vacation of the east/west street lying
between "D" Street and Stoddard Avenue.
Recommended Motion:
I. That Plan No. 11416A showing the proposed vacation of the east/west street lying between "D"
Street and Stoddard A venue, as amended, be approved.
2. Adopt Resolution.
3. That the Director of Development Services be authorized to prepare and submit a variance
application to the Planning Commission relative to the proposed vacation of the east/west street
lymg between "D" Slreel and SIoddaro Avenue. ~
~SFunk
Contact person: Jeanne/mane Fitzpatrick
Phone: 5328
Supporting data attached: StaffReportlResolution/ Ward: 7
Map
FUNDING REQUIREMENTS: Amount: City Initiated - $1200 Processing Fee Not Collected
Source: (Aeet. No.) 001-182-5011-0000
(Aeet. Description) Real Property Salaries
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention: Vacation of the east/west street lying between "D" Street and Stoddard Avenue.
BACKGROUND:
In early 2005, the City of San Bernardino received two letters from residents in the area of State Route
210 (State Route 30) known as Loop Street requesting the vacation of this street. The request made
reference to many incidents that occur adjacent to the residences on the street including, but not limited to
dumping of hazardous materials, auto theft, prostitution, graffiti, loitering, illegal drug use and burglary
that resulted in over 20 calls for service to the San Bernardino Police Department in recent years.
On April 4, 2005, authorization to proceed with the proposed vacation and Plan No. 11416 were
approved. City Departments and utility companies were notified of the proposal and were given the
opportunity to submit easement reservations and any comments or conflicts. Several responses were
received with the majority stating no objection with the proposed vacation. The Traffic Engineering
Section for the City of San Bernardino stated concerns of maintaining sufficient right-of-way to provide
turnaround at both Stoddard Avenue and "D" Street of which these concerns are being addressed as part
of the proposed street vacation, as shown on the amended plan, a copy of which is attached. Southern
California Edison and the City of San Bernardino Water Department have requested the reservation of an
easement for their facilities, which will be included in the Resolution of Intention
The street was relinquished to the City of San Bernardino by the State in fee ownership. It appears that
this property may be potentially developed for single family use, with a variance and subject to further
review. The lot is 42 feet in width, with a total area of approximately 10,000 square feet. Prior to the
completion of the vacation, the City should process a variance. If the variance for development of one
single family homes is granted, the property should be vacated, declared surplus property, and offered to
be sold at fair market value to the highest bidder. The Deputy Director and City Planner hold the opinion
that the Planning Commission may look favorably and be able to make the necessary findings to approve
a variance to allow a single family home to be constructed on the subject property. This issue should be
resolved prior to sale of the property. Denial or approval of the variance will have an impact on the fair
market value and future use of the property, and an impact on the method used to dispose of the property.
The attached Resolution ofIntention sets a public hearing for July 5, 2005. Upon approval, the Resolution
will be published in the Sun, the streets posted and adjacent property owners will be given mailed
notification of the public hearing. At the Public Hearing, a Resolution Ordering Vacation will be
submitted for your action.
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CITY OF SAN BERNARDINO - rtEQUEST FOR COUNCIL ACTION
Staff Report Page Two
FINANCIAL IMPACT:
No processing fee was paid since this is a city initiated action. All staff processing time and cost
will be charged to the General Fund (Account 001-182-5011-000 Real Property Salaries). Costs
of improvements are proposed to be paid by the applicants. (Note: Completed street
improvements will increase the fair market value of the property). There is potential for
generated revenues from the sale of the vacated area.
RECOMMENDATION:
That Plan No. 11416A be approved; that a varillll~,application be presented to the Planning
Commission for consideration; and the attached resolution be adopted.
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RESOLUTION N~Y
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 II\TEl\TION TO ORDER THE VACATION OF THE EAST/WEST STREET LYII\G
BETWEEN "D" STREET AND STODDARD A VENt.:E
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5 BE IT RESOLVED BY THE MAYOR AND COMMON C01JNCIL OF THE ClTY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino
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8 hereby declares its intention to order the vacation of the east/west street lying between "D" Street
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and Stoddard as depicted on the attached map marked as Exhibit "A" and described herein JS
[ollo\vs:
That certain portion of that certain unnamed street lying between "D" Street and
Stoddard A venue being a portion of Lot 27 and Lot 38 of the Lynncrist Heights Map Book 27
Page 56 as recorded in the County of San Bernardino, State of California, delineated as Loop
Street on that certain Relinquishment Map to the City of San Bernardino by the State of
14 California as filed in State Highway Map Book 9 Page 64 , filed March 20, 1968, lying east of
a line that is 20 feet east of and parallel with the west line of said Lot 27 and a line that is 13
feet west of and parallel with the east line of said Lot 38.
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SECTION 2. That the Mayor and Common Council of the City of San Bemardino, ill
vacating the above described portion of said street, elects to proceed under and in accordance
with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
eing Division 9, Part 3, of the Streets and Highways Code of the State of Califomia.
SECTION 3. That the hour of 4:00 p.m., on July 5, 2005, 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 appear before the
said Mayor and Common Council and offer evidence in relation thereto.
For further particulars as to the proposed vacation, see that map marked "Plan No. 1 I 416A",
approved on June 6,2005, attached as Exhibit 'A'.
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05113/05
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1 RESOLPTJO~ OF THE CITY OF SA1'\ BER"iARDINO DECLARING ITS 11'\TE1\TIO'" TO ORDER THE
"ACATI01\ OF THE EAST/WEST STREET L YI~G BETWEEN "D" STREET A!\'D STODDARD
2 AVENVE
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SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
5 easements for public utility purposes belonging either to the City of San Bernardino or to any
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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, manholes
markers and necessary fixtures and appurtenances and said easement shall include rights of
ingress and egress; and there is specifically reserved for the City of San Bernardino Municipal
Water Department, 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 includes rights of
ingress and egress,
SECTION 5. That the Director of Development Services of the City of San Bernardino
hereby is directed to cause Notices of Street Vacation to be posted as required by said "Public
Street, Highv.:ays 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
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Sun, a newspaper published and circulated in the City of San Bemardino. prior to the above date
set f0l1h for the public hearing.
05! 10/05
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1 RESOLUTlO~ OF THE CITY OF SAl'i BERNARDINO DECLARIl\G ITS Il'iTEl\TIOl\ TO ORDER THE
YACA TlON OF THE EAST/WESt STREET L YIl\G BETWEEl\ "D" STREET Al\D STODDARD
2 A VEl'iUE
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5 Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
6 held on the
day of
, 20 , by the following vote. to
7 wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
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11 LONGVILLE
12 MCGINNIS
13 DERRY
0 14 KELLEY
15
JOHNSON
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17 MCCAM:.IACK
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20 The foregoing resolution is hereby approved this _
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City Clerk
day of
,20_
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
o
25 JAMES F. PENMAN
26 City Attorney
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CITY OF SAIf BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DMSION
REAL PROPERTY SECTION
PROPOSED VACATION FOR THE EASTNVEST STREET
BElWEEN "0" STREET AND STODDARD AVENUE
Dale:..6lIDJs
roved by:
JUC~R
Prepared by: Je~rie Fitzpa~ri~k
Checked by: --,?/'It/I-- Dale~
PLAN NO.: 11416A FILE NO.: 15.30-384
"Ar"AT.,....... ~U,....'A'... TUII~. W~~A
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting Dote (Date Ad1tedJ' 1,- b< () C;
Vote: Ayes Nays
Change to motion to amend original documents 0
Item # j c;-
;;kos ,.. { 2. /
Resolution # ..J <0
Abstain
Companion Resolutions
Absent
NulllVoid After: N-A. days /
Resolution # On Attachments: 0
PUBLISH ~ POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY D By:
Reso. Log Updated:
Seal Impressed:
D
D
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
i
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Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
Copies Distributed to:
~ Animal Control D EDA
~
~ City Administrator D Facilities
City Attorney 0 Finance
Code Compliance 0 . Fire Department
Developnten' s.M,,,, Ili 60 ~ Humon ~
Others: 4 ~
D Information Services D
0 Parks & Recreation 0
D Police Department D
0 Public Services 0
0 Water Department 0
Notes:
/
Ready to File: ~
Date: t,- q, b~
Revised 12/18/03