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File No.: 15.30-337
'-CIT.Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE Subject: Public Hearing (10:00 am) and Resolution
Ordering Vacation --- Vacation of a Portion of
Club Center Drive, East of Club Way.
Dept: Public Works / Engineering
ORIGINAL
Date: January 22,1997
Synopsis of Previous Council Action:
12-02-96 - Authorization to proceed with the proposed vacation of portions of Club Center Drive, East of Club
Way was granted and Plan No. 9603 was approved.
12-16-96 - Resolution ofIntention No. 96-377 was adopted, setting a public hearing for January 13, 1997, relative
to the proposed vacation of a portion of Club Center Drive, East of Club Way.
01-13-97 -- Item was continued to the January 27,1997 Council Meeting
Recommended Motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from the Director of
Public Works/City Engineer, as to why a portion of Club Center Drive, East of Club Way, is no longer
necessary for public street purposes, be adopted.
AND
2. Adopt resolution
cc: Fred Wilson, Acting City Administrator
Jim Penman, City Attorney
OA~/
Contact Person:
Les Fo~assv
Phone: 5026
Supporting data attached:. Staff ReDort & Resolution
Ward:
3
FUNDING REQUIREMENTS:
Amount: $1.000
Source (Ace!. No.) 001-302-5181
(Acct. Description) Street vacation filing fees.
Finance:
Council Notes:
Res 97-.20
01-27-97
. CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
A request was received from Price Costco for the vacation of a portion of Club Center Drive, from the East
line of Club Way to a point approximately 345 feet Easterly. Costco owns property on both sides of the area
proposed to be vacated and would like to expand their facilities at this location, including the expansion of the
parking area. The vacation of this portion of Club Center Drive would allow them to encompass this area into
the proposed expansion of the parking area.
The petitioner has paid the first half ($500) of the $1,000 Street Vacation Processing fee. All effected utilities
and City Departments have been notified of the proposal with a request for their comments and easements
reserved for any existing facilities. The petitioner will pay the remaining $500 prior to the recording of the
Resolution Ordering the Vacation.
On December 16, 1996, Resolution ofIntention No. 96-377 was adopted, setting a public hearing for January
13, 1997. The area proposed for vacation was posted, the resolution will be published in the Sun newspaper
and all property owners abutting the area proposed for vacation were given mailed notice about the hearing.
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 proposed vacation has been determined by the Director of Public Works/City Engineer to be of no
further necessity to the general public.
2. A Notice of Exemption was filed and a finding of consistency with the General Plan was made.
3. There have been no objections by any adjoining property owners.
4. All of the City Departments and Public Utility Companies were notified of the proposal and given an
opportunity for a response. Certain easements were requested for existing facilities and have been provided for
in the Resolution ofIntention and the Resolution Ordering Vacation.
A public hearing was held on January 13, 1997, and continued to the meeting of January 27,1997 due to a
protest submitted by the City of Riverside, relating to access to their property located South of the area
proposed to be vacated. In response, we have reviewed the matter with the petitioner and have eliminated the
easterly 86 feet from the proposed vacation, which will allow the City of Riverside the same legal access they
now have, prior to the vacation. The only properties abutting the proposed vacation, as modified, are owned by
the petitioner.
The petitioner has requested that the recording of the Resolution Ordering Vacation, which will finalize the
vacation proceedings, be deferred until written concurrence is given by the petitioner. If concurrence is not
received within twelve months, however, the proceedings will be terminated.
We recommend approval of the Resolution with the above conditions.
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PLAN NO.: 9603
FILE NO: 15.30-337
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CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REAL PROPERTY SECTION
PROPOSED V ACA TION FOR A PORTION OF
CLUB CENTER DRIVE, EAST OF CLUB WAY
AREA OF V ACA TION SHOWN AS V!//#A
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Entered into Record at
C I T Y 0 F SAN B ERN A Ffty1fi~~OevCms Mtg:
INTEROFFICE MEMORANDU&4 ck:u..- A
A -1 f1
re genda Item .....
1/:1.. 7/17-
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~ity Clerk/COC Secy
City of San Bernardino
TO:
Mayor and Common Council
FROM:
Henry Empeno, Jr., Deputy City Attorney
DATE:
January 22, 1997
RE:
Proposed Street Vacation of Club Center Drive
This agenda item was continued from the January 13, 1997, Council Meeting to
January 27, 1997, in part, because of opposition from the City of Riverside that the proposed
street vacation would eliminate access to their property.
After the Council Meeting on January 13, 1997, I received by fax from the City of
Riverside the attached documents regarding their protest. On October 5, 1989, The Simchowitz
Corporation, as General Partner to S.P. Commercial Developments, granted a 36 feet wide
easement to the City of San Bernardino. On May 22, 1990, Public Works Director Roger
Hardgrave signed the attached "Declaration of Intention" which specifically states "The City of
San Bernardino acknowledges that the purpose of the Easement is to provide access from
Caroline Street (now Club Center Drive) to the property owned by the City of Riverside. . . :' The
property owned by the City of Riverside is identified on the attached map as Parcels 4 and 5.
Despite a problem with the legal description on the Easement, this Declaration of Intention
clearly shows that the City intended to provide the Riverside properties access to Club Center
Drive.
Attached also is a copy of the map submitted to the Mayor and Council by the Public
Works Department showing the area proposed to be vacated. The proposed street vacation,
as submitted to the Council on January 13, 1997, would clearly eliminate the Riverside
properties access to Club Center Drive.
State law, at Streets and Highways Code Section 8324 states that the Council may adopt
a resolution vacating a street if the Council finds that the street "is unnecessary for present or
prospective public use." City of Rancho Palos Verdes v. City Council 59 CA3d. 869 (1976).
Adoption by the Council of the proposed street vacation as originally submitted, would
violate state law because based on these facts, the Council cannot make the finding that this
portion of Club Center Drive is unnecessary for present or prospective public use.
~~ ~(l
HENRY E PEN~puty City Attorney
Attachment
cc James F. Penman. City Attorney
Roger Hardgrave, Director Public Works/City Engineer
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CITY OF RIVERSIDE
PROPERTY SERVICRS DIVISION
3787 L'l'lTI'ERSITY AVENUE
RIVERSIDE, CA 92501
(909) 782-5228
FAX (909) 782-2504
DATE:
January 13, 1997
TO:
Henry Empeiio, Deputy City Arrome)'
DEPT lORG.
City ofSanBemardino
FAX#:
909/3845238
# OF PAGES IN"CLliDING COVER SHEET: 11
fROM:
Pauline Hedge
Real Property Agenr
DEPARTME~T:
City of Riverside, Pro!X'rty Services Division
RE: Proposed Street Vacation - Your File No. 15,30-337 - Council Meeting
1/13/97
As we discussed.
1-13-1997 3,1<l2Pt.1
FROt.' REAL PROPERTY SvCS. 909 7822504
P.2
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January 8, 1997
Roger G. Hardgrave, Director of Public Warks/City Engineer
City of San 8ernar~ino
300 North "D" Street,
San Bernardino, CA 92418
Re; Proposed Street Vacation - Your tile No. 15.30-337
Dear Mr. Hardgrave;
As we discussed this date, the City of Riverside wishes to voice its opposition to the proposed vacation of a
portion of Club Center Drive, East of Club Way. The City of Riverside through its Public Utilities Department
is the owner of what is referred to as the Stewart Tract, (APN 164-321-72 ) cUlTently being used, Wlder a Lease
Agreement, as overflow parking by the Midniiht Rodeo and other business in the Club Center; in addition, the
City of Riverside owns APN 164-321-73 containing City's water facilities.
At the time of the Waterman A venue vacation (Resolution 89-477), the City of Riverside had concerns as to
future public access to its property. By documents recorded as Instruments No. 90-212035 and 89-373098 and
the enclosed Declaration of Intention executed May 22, 1990, the City of Riverside was granted an easement
for street and highway purposes to be constructed at some future date by the lesssee over a portion of Parcel
2 (APN 164-321-70). The intention to constrUct this street was recognized by the City of San Bernardino. and
the City of San Bernardino acknowledged that the purpose of the easement was to provide access from what
was then known as Caroline Street tnow Club Center Drive) to the City of Riverside's propmy. In addition,
~~. Instrument No. 87-163821 the City of Rivel'side was iTa.1ted a 110 foot ingress/egr;:ss easement across
Parcel 2, the adjacent 20 foct alley. and four feet of Parcel 3.
'rhe City of Riverside, Public t:tilities Department, requests that the easterly approximately 86 feet of
the proposed vacation area be eliminated from the vacation case-that the vacated area end at the
northerly prolongation of the westerly property line of Parcel 2.
If you have any questions or require further infonnation, please contact me at 782-5228.
V.ry truly y.ours,
Pauline Hedge, SRiWA
Real Property Agent
Ene.
cc; Brian Simpson. Water Eng. T~ch
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1 -1 3-1 997 3 ""3Pt.j
FROM REAL PROPERTY SVCS. 909 7822504.
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CITY OF
San Bernardino
'V'~IC WORel O."AIITII..T
ROGeR G HARDGRAVe
OIAECTOR OF PV$I.IC WOJll(S/C1TY e:NGINEER
May 22. 1990
File No. 15.02-1083
Ms. Patricia Green
The SWlset Group
225 West Hospitality Lane. Suite 100
San Bernardino, CA 92408
Re: Declaration of Intention
36 foot easement
Dear 1115. Green:
Enclosed
Pines at
address.
is a copy of the Declaration of Intention sent to Alschuler. Grossman &
your request. A copy was also faxed to Mr. Bill Small at the same
~e Declaration of Intention has been executed by Roger
works Director and City Engineer and notarized so that the
record it at their convenience.
G. Hardgrave. Public
Bank of Long Beach may
If you have any' questions concerning this document, please call us at 384-5328.
Sincerely,
ROGER G. HARDGRA liE
Director of Public Works/City Engineer
~ (i~(71Y-./J-
A~SE DeBOLT
Real Property Specialist
ADB:adb
Encl.
cc:
Pat Zimmermann, City of San Bernardino
~Bill Holsinger. City of Riverside
JOO NOIit~H 0 STilEtT, S"N iEAN.....CINO
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OS/22/90
FROI.' REAL PROPERTY SVCS. 909 7822504
D E C L A RAT ION 0 FIN TE N 'T ION
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,
On September 5, 1989, an Easement Deed was executed by The
SiJllobowitz Corporation. the General Partner of SF COllllllercial Dev,elopllent, a
California LillIited Partnership, granting an easement for street,and highway
purposes, to. the City of San Bernardino. Said Easement Deed was recorded
OCtober 5, 1989, in the Official Records of the County of San Bernardino. as
Document No. 89-370096. The Easement encumbers the area described in the
attacbed Exhibit "A".
The City of San Bernardino acknowledges that the purpose of the
Easement is to provide access from Caroline Street to the property owned by
the City of Riverside, a municipal corporation, and described in the
attached Exhibit "B".
Pursuant to Section 4E, as set forth in the Second Amendment to a
Lease Agreement between the City of Riverside (Lessor) and Simchowitz-W No.
1, a California Limited Partnership (successor in interest to Caroline
Plaza, Ltd., the original Lessee), Lessee is obligated to construct street
improvements on and over said Easement area within ninety (90) days after
termination of the Lease with the City of Riverside, recorded as Document
No. 88-276989, in the Official Records of the County of San Bernardino.
The City of San Bernardino further acknowledges that it will
neither construct ,nor cause to.be constructed, any roadway or street.,
improvements on said Easement prior to termination of the Lease Agreement
between the City of Riverside and Simchowitz-W No.1. The above statement
does not imply that the City now or in the future has any obligation to
construct or pay for the construction of roadway improvements over said
Easement.
The City of San Bernardino further acknowledges that during the
time prior to the date on which roadway improvements are constructed by
Lessee, on and over said Easement, SP Commercial Development and/or their
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1-13-1997 3,04PM
FROI.! REAL PROPERTY SVCS. 909 7822504
P.5
DECLARATION QE. INTENTION - CITY OF SAN BERNARJll;NO/SP COMMERcIAL DBvELOPMEHT
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1 o.ssigns will be entitled to continue to use said Easement o.rea for perking,
2 ingress and egress,. and tor any other lawful use in conhection with the
3 ownership and operation ot the cOlllllercial 8lld retail development, a portion
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of which is affected ~ said Easement, subject to the terms of the Lease.
tJl;.~&A
G. HARDG ,
Director of' Public Works/City Engineer
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STATEOFCA~}!.ORN1~~~.-J'. .~
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b.fore me, tho undersign.d. a Notary Public In a.n(f for
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Qersonaily know., to me (or provea to m. On the basis of satiC:-
faetoiY evidencel to M tha person\SI whose name(s) il$ta,.1ubo
scribed to the within instrument and aeknowlfJdged to me t"'at
he/s"./t",.y elCocuted 11'1. &.am..
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RACHEL R. SHAY
NOTARY PUBLIC. CAUfORNI~
. ' SAN BERNARDINO COUNTY
My Commlsslon Explres Ausust 2, 1993
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Slgnar~ . 4... l...~. '-1J L
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lllo lOll prop.t}f iIl.be C'1l7 ofSaoIl4manliao. COUo." of s.. ~. SUII o(c.Iilomia, deocnbod . (~
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PARCEL 4
5,492 AG.
FILE NO.: 15.02~l083
CITY OF SAN BERNARDINO
EASEMENT FOR: STREET AND HIGHWAY PURPOSES
LOCATION: SOUTH OF CAROLINE STREET,
WEST OF WATERMAN AVENUE
Exhi6;t- \1/'" (eont)
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1-13-1997 3 d"5P~1
FROM REAL PROPERTY SVCS. 909 7822504
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(LeASK AREA)
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BEING A 'ORTI~OF THE SOUTH HALF OF LOT 4, OF BLOCK 65" RANCHO SAN
BERNARDINO, RECORDED IN lOOK 7 Ot HAPS, PAGE 2, RtCORI)S Of' SAN,
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBtD AS FOLLOWSr
BECIHHING AT THE SOUTHEAST CORNER OF PARCEL 8 OF PARCEL HAP NO.
8401, ReCORDED IN BOOK 88 OF PARCEL HAPS, PAGES 32 AND 33, RECORDS
OF SAID COUNTY, SAlD POINT ALSO BEING ON TIfE NORTH LINE OF SAID
SOUTH HALF OF Lor 4, THENCE NORTH 89-.7'5.- EAST ALONG THE NORTlI
LINE OF THE SOUTH HALF OF LOT 4, A DISTANCe: OF 106.00 fEETr T1IENCE
SOUTH 00-U'06- UST, A DISTANCE OF 20.00 FUT, THENce NORTll
89-.7'548. EAST, A DISTANCE Of 985.48 FtET TO THE WEST LINE OF
WATER"AN AVENUE; THENCE SOUTH 00.01'25. EAs'r ALONG SAID WEST LINe OF
WATERMAN AVENUE, A OISTA~CE OF 90.00 FEet, THENCE NORTH 8'.47'54-
EAST, A DI'TANCE OF 70.00 fEET, THENCE SOUTH 00.01'25- EAST ALONG
THE WEST 'LINE OF WATERMAN AVENUE, A DISTANCE OF 220.97 FE2r TO THe
NORTHERLY LINE OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY,
THENCE NORTH 80.12'3'- WEST, A DISTANce or 1186.92 FEETr THENCE
NORTH 00.01'04- WEST, A o ISTAN ce or 125.03 FEET, THENce NORTII
89-47'02- EAST, DISTANCE OF 8.00 fEET 10 THE POINT OP BEGINNING.
THE AREA OF THE DESCRIBED PROPERTY IS 5.49 ACRES, MORE OR LESS.
091504(57,10)
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CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REAL PROPERTY SECTlOl'i
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
F d by' ..L SfJlS.f i,
Checked by: tr. lJe.& It
Dale: / / - 2(1' q6 SHEET J of
?lA'\'\'O: 9603
PROPOSED VACATION FOR A PORTION OF
CLUB CENTER DRIVE, EAST OF CLUB WAY
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FILE ~O' 15.3n-33~
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CITY OF RIVERSIDE
Entered into Record at
CouncillCmyDevCms Mtg:
t!J.7/1~/
"People Serving
People"
Mr. Roger Hardgrave
City of San Bernardino
Public WorkslEngineering
300 North 'D' Street
San Bernardino, CA 92418-000
bv
re Agen\lwlm't{ 23. 1997 41').../
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City ClerklCDC Seey
City of San Bernardino
Subject:
Proposed Street Vacation - Club Center Drive
Dear Mr. Hardgrave:
With respect to your letter dated January 17, 1997, received by this office on January 23, we
have reviewed several alternatives with City of San Bernardino staff and the affected party
representing the land-holding Department for the City of Riverside. While we are generally in
support of the compromise which moves the easterly terminus of the section proposed to be
vacated 86 feet in a westerly direction, we have the following concerns, which could be
addressed as conditions to the vacation:
1. Provision of a "knuckle"at the eastern terminus, along with curb and gutter.
We want assurances that a full knuckle will be constructed to address the problem
of a public street terminating in a private parking lot.
2. Drainage issues. Provision of an engineer's drainage study to assess potential
drainage problems associated with the elimation of the public street. Proper
drainage mitigation measures shall be implemented based upon said study.
.'
3. Circuitous access. The proposed vacation will result in circuitous access to our
property, where we currently have direct access from Hunts Lane via Club Center
Drive. In addition to the general inconvenience created by circuitous access, this
could also impact the response time for emergency response vehicles. In order to
mitigate said circuitous access, we are requesting that driveway openings be
provided off both the eastern and western terminus of Club Center Drive as
vacated in connection with the proposed vacation. This will provide for access
through the vacated portion of Club Center Drive. We further request that any
proposed closure of said driveway openings be subject to notification of adjacent
property owners, including the City of Riverside, and a properly noticed public
hearing.
ADMINISTRATIVE SERVICES DEPARTMENT
PROPERTY SERVICES DMSION
3787UN1VERSITYAVENUE . RIvERsIDll,CA1.IFORNJA92501
(909) 782-5461 . FAX (909) 782-2504
Vc?-7/'1l
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4. Length of "dead-end" street. The existing future access to the City's property from
Club Center Drive is currently approximately 350 feet in length. The proposed vacation
and resulting circuitous route would create a "dead-end" street approximately I, I 00 feet
long, extending from the intersection of Caroline Street with Club Center Drive. We
request that the City of San Bernardino provide assurances in the form of a Declaration of
Intention, or other such legal document, that the eventual length of said future public
street is acceptable to the City of San Bernardino.
We are prepared to support the proposed vacation if the above concerns are mitigated and
incorporated into the vacation as conditions of the vacation. The City of Riverside appreciates
the importance of providing for the needs of all the owners, tenants, and businesses located in
Club Center. The mitigation measures outlined above represent a reasonable compromise which
provides for the concerns and needs of all parties.
KATIDHEAD
Real Property Services Manager
cc: Jim Penman, San Bernardino City Attorney
Bob Sams, City of Riverside Assistant City Attorney
Bill Carnahan, City of Riverside Public Utilities Director
..
SHACO, INC.
333 S. GRAND AVENUE
SUITE 2020
LOS ANGELES. CALIFORNIA 9007!
',,'
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LECElVED-CITY CLERK
January 22, 1997
TEL: (213) 680-4242
FAX: (213) 680-3535
'97 JAN 27 All :36
"
Ms. Rachel Clark
City Clerk
City of San Bernardino
300 North nDn Street
San Bernardino, California 92418
Via Facsimile (909) 384-5158 HARD COPY TO FOLLOW
RE: Resolution ofIntent No, 96-377
(Intent to vacate a portion of Club Center Drive)
Dear Ms, Clark
Shaco, Inc. (nShacon) is the owner of property which fronts on Club Center Drive and specifically
fronts the easterly 86 feet of that portion indicated to be vacated. Our tenants include Staples,
Wickes Furniture and Woodenships Waterbeds.
The purpose of this letter is to submit into evidence (1) Shaco's opposition to the vacation of Club
Center Drive on behalf of itself and a majority of its tenants and (2) Certain facts of ownership
rights and mitigation events necessary should the vacation take place.
REGARDING SHACO'S OPPOSITION TO THE V ACA TION OF CLUB CENTER
DRIVE.
Shaco owns parcels 2 and 3 (with exception of a small portion of parcel 3) of Parcel Map 11148,
in the County of San Bernardino as further described in the deed to Shaco, Inc. recorded June 1,
1990 as instrument number 90-214982.
"
Parcel 2 is encumbered by a 36 foot wide easement (see exhibit nAn) for public street and highway
purposes as described in deed to the City of San Bernardino by instrument number 89-373098 and
a 110 foot wide easement (see exhibit n An) for ingress, egress and parking purposes per
instrument number 87-163821. Although Parcel 2 is encumbered by these two easements it
serves as an amenity to the Shaco properties to the east and to Shaco's tenants, specifically
Staples and Wickes Furniture. Shaco, Inc. continues to enjoy the benefits of an improved 2-lane
roadway (Club Center Drive) with curb and gutter, pedestrian sidewalks, etc. fronting the
property. Should this roadway be closed, fair market value for the Shaco property will be
diminished
Enclosed are letters protesting the opposition from Shaco's tenants (1) Wickes Furniture and
(2) Wooden Ships Waterbeds. Additionally enclosed is a letter of protest from a neighboring
"
SHACO, INC.
"
RE: Resolution of Intent No. 96-377
January 22, 1997
Page 2
business owner, the Pool Club, but not a Shaco tenant. Obviously if Shaco's tenants are in
opposition to the vacation of Club Center Drive than Shaco is too, in addition to reasons already
stated, for the same reasons as the conditions that affect the tenants affect the owner. Please
note it was our intention to give the letters directly to the City Council at the meeting of January
13, 1997 but the meeting was ordered to be continued before we had a chance to do so.
"
IN THE EVENT THE VACATION OF CLUB CENTER DRIVE IS APPROVED
We are of the understanding from various conversations with San Bernardino City Officials that
the City Council of San Bernardino will most likely vote to vacate Club Center Drive. In that
case we wish to submit herewith certain facts, our concerns and suggestions to mitigate the
damage to Shaco properties and its tenants.
1. Should that portion (86 feet) of Club Center Drive which fronts Shaco's parcel 2, it is our
position that Shaco, Inc has REVERSION RIGHTS. It is presumed that the dedication of
Club Center Drive created only an easement for public use, whereas the title of the easements
remains in the grantor (and or its assigns). Extinguishing an easment by the City of San
Bernaradino causes the full rights to the land to revert to its owner. Upon discharging the
public burden, private rights are revived and existing utility easements remain in place.
"
There is a division of private ownership in streets so dedicated. The Ownership lines in streets
are determined by ownership lines as they existed before the dedication.
Mr. William Murray of William Murray & Associates, our engineering firm, spoke Mr. Les
Fogassy of the City Engineer's Office, explaining why that portion of Club Center Drive
fronting parcel 2 must not be vacated. Mr. Fogassy agreed that the street vacation plan
should be adjusted to provide the vacation to terminate easterly at the northerly prolongation
of the westerly line ofShaco's parcel 2.
2, In the event Club Center Drive is vacated, Shaco and the utility companies must retain an
easement for ingress, egress and utility rights over the alignment of the vacated street. Further
we feel that Shaco should be provided an access easement from east to west and west to east
along the current alignment of Club Center Drive to cover potential traffic specifically to and
from the Shaco property. This would insure through access without possible access closure by
Applicant,
3. Another concern is the street DEAD ENDING at the northerly prolongation of the Westerly
line of Shaco's property. In the event Club Center Drive is vacated it is imperative that a Cui
SHACO, INC.
RE: Resolution ofIntent No. 96-377
January 22, 1997
Page 3
De Sac or an Offset Cui De Sac be constructed by applicant and/or the City on the vacated
property to accommodate emergency vehicles, such as fire trucks, police, and other vehicles
such as maintenance, pick up and delivery etc. The Cui De Sac will help mitigate the closure
of Club Center Drive.
Mr. Murray spoke with Brian Simpson, City of Riverside Utilities Department. Mr. Simpson
told Mr. Murray he was in support of the Cui De Sac.
Mr. Murray spoke with Paul Allaire at the Fire Marshall's Office. Mr. Allaire stated that the
fire department will require an access route along the current alignment of Club Center Drive.
Mr. Allaire further stated that the fire department agrees that the Cui de Sac will serve dual
purposes by providing for the fire trucks to turn around without interfering with parked
vehicles.
Thank you for your consideration.
Sincerely,
.,
Charles Lederman
Excecutive Vice President
CLms
cc: William Murray & Associates
Hank Pramov Esq.
Enclosures: Exhibit" A"
Protest Letter from Wickes Furniture
Protest Letter from Woodenships Waterbeds
Protest Letter from The Pool Club
Note: This letter has been addressed to the following:
Honorable Mayor and Members of the Common Council
Mr. Henry Empeno, City Attorney
Mr. Roger G. Hardgrave, Director of Public Works
Ms. Rachel Clark, City Clerk
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JRN-09-1997 16:22 FRCJ1 WICKES FlRllTURE
TO
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1anuary 9. 1997
Mr. Charles LedcmJan
Wcstcm Consolidated, Inc.
333 S. Grand Ave. - Suite 2020
Los A.n&elc:s, CA 90071
Dear Charles:
Enclosed is the execution copy of our formal opposition to the vacation of a portion of Club
Center Drive. The th1cc major points reviewed as reason for our opposition are critical to the
long term suc:ccss of evay b"c;"""s operation.
We arc in a CODSUmel' driven retail business.. and any action that limits access and visibility will
harm not only our business, but also eamiDg ~ of our commission sales staff.
We support efforts to preveut the proposed stn:et vacation action.
Sincerely,
/ Ikl4J V~
Jcbael M. Fink
Vice President
Administrative Services
Idh
Encl.
Via Fax: 213-680-3535
and mail
235S_
351 W. /Jundee Rd. - Whming, IL 6Q09fU798 -847-541-0100
l-e8-19fTl 4. Z!I'M
Fl<CJM wc,o,.CI'V'I-CCJ\ISCLlOATED 121~"77
PROTEST TO STREET VACATION
(USOLtmOl'f OF INTEN'l1ON NO. H-371)
tile ~1IJ1ed bein& a \)1";- A ovar(l). adjacent 10 or aar_1JRlIICl18d S'l'REBT.
VACATION btnby pzolaC lIIId oppolelllCb Foe [. t:.
CumIady. our buaincss eujoys ual'IIc ciralIati.on wIich provides the fb1lowiq.
1. Our "",e-- 'WIS located ill thia... band on several considcmiODS. One olthe
ClODIiciemionI was a IoQUioD with ample trafIic c:In:uIl1loa. The _ ofingnln mS caresa for
GIll' 0-"," inilal to our buliDeu. .
Mia.)' or our CUItOInIrS "1'.....- Cl\If PftIptIty'Via H'uIds LIII= lIIIlI thea. proc:oecl_ down :
Qub Caler Way, or iioIIlJ.~1Dd Club W.,. proCl t 4: i IOlIth on Club Way ud thea :
!iast 011 Cl!ab c- Drive lIIId _._~ 1Iley exist in the revene.
2. AIIother ccmsiclenuioll 'WIS thIllCwoitl dial DIIf h*-a would havt fire lid _.......y ~
protectioD. V......,. poniOll of Club CcIIter Drive wiD craate 1L SOTl'I.E NBCK lIIIIIlII&)' :
impede IIllI1IIIl fespclllll! time for emel,*",'Y vebiclel.
3. Tn1JiI: cin:ula!ion provides Cl\Itba,iDUl with DlUVEBY CUItOIIlerswho happen to he ill t~
.... Driviag by II1ld !IaWIs IIICpOIlII'e to through Itl'elIt tnfIic is very ~ to our~.
COliD8of ClIb CllIIter Drive wiI1 aipUl--1y rocIucc the -drive by" CUStOlIlen IIId fiIrther
n:duce our pot8miaIlll~_ im:om..
. Tht!l.e we .~.l\y request this applicaion be dezUd.
S~e1y.
Vtl~t<<'OwL -~ ~51~~J
Wicba Purniture
'If/97
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PROTEST TO STREET V ACA nON
(BESOLtlTION or Ufl'EN110N NO. !J6.377) .
The uacfersipld beiDg a b..sim:sJ owner(s). ,ojllcatt to or Dear the proposed STREET
YACAIION hereby protM lIIIIi oppose sw:h pro<_~
CummIy. oar bPsin- enjoys trafIic circuIatiou wIIicIl provides the fOllowing.
1. Our bl1!l,",lP!U: 1ll.'U 'oeatl:d in this area. based aD 5e\W ~derations. One of the " .
c:oDSiderations was a location 1lI.ith ampletEaffic cln:uIaUOI1. The case ofiDgress and egress fbj-
our custolDerlo is "ita! to our ....~
Many t1!oar ~ approach our ~.u_ty ..iaHuats Lane and then pi.,..-i east down cUw
Center W.. or ftom ~...n...aDd. Club Wzy, proceed south on Club WilY aDd. thllD East on Club
Center Way and COlnaely tbey exit in the rwverse.
2.. ~ COIlSideration was the secarity that our b11~s would have fin: aDd. em~
protection V......., a poidonOfChab Ceua:r Drive will cn:ate a BOTTLE NECK. and may ;
impede aonnal RSpol1Setizne fi:lr emergency vehides
3. TIlIfiic cin:u1aUon provides our "'.~ with DRIVE BY c;ustemers who happen to be in tJ!e
veL DrlviDg by and having ~iIUN to throIlIh m.t trafiic is '\-ay imponaut to our busimtss.
C10siDg ofC'Jub Cearc:r Dm-e will Eigl'iff=ntl}" reduce the "<Irivf: by" CUStOll1elS and further .
redu<:e our pot~ "'.c1....$S iDcome.
,
Thwc:fj;,... we respect1UDy request this application be "-l...!
Sim:erely,
Wi aterbeds (Owmlr)
Charles BatarSeh
,
':08-'997 7; 1 OPt 1
FRQI.l we:sTERt~_CONSOI..lDATEO 12136808877
1'.3
PROTEST TO STREET V ACA TION
(RESOLUTION Of Jllfl'E1lCTlON NO. 96-3'7'7)
The undersigned being a business owner(s). adjacent to or near the proposed STREET
V ACA nON hereby protest and oppose sudI proc:eedinp
Currently, our masi~s enjoys lraffic circulation which provides thll foU~ing.
1. Our business wu located in this area bued on xveral considerations. One of the
considerations was a loeation ....ith ample tramc circu1ation. The case ofingress and egress for
our custoll1Vl is vilal to out business
Many of our customers approach our property via &edlands and Club Center Way and then
proceed west down Club Center Way conversely they exist in the reverse
2 Another consideration wa, lhe security that our business would have fire and emergency
protection. Vacatin8 a portion of'Oub Center Driw will "me a BornE NECK and /mY
impede normal responlol time for emergency ~es.
3 Traffic circulation provideJ our business with DRIVE BY customers .....ho happen to be in th"
area Driving by and having exposure to tbrough street traffic is vel') important to our busines.~.
Closing ofClul- Center Drive will siplicamly reduce the "elm'e by" ~omers and further
fIlduce our potential business income.
Themore we respectfully request this appliwion be denilld
Sincerely.
:J:::;:o-l
Pool Club
194 Wat Club Center Dnv. ;;A
San Bernardino. CA 92408
Wickes Furniture
-
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K Ji Upi (Owner)