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HomeMy WebLinkAbout25-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 Pico A venue, south of Rialto Avenue, Belleview Street, east and west of Pico A venue and that certain east/west alley, south of Rialto Avenue and east of Pico Avenue. Dept: Development Services Date: October 23, 2002 C . , . ..; L File No. 15.30-365 Synopsis of Previous Council Action: MCC Date: 11-04-02 8-19-02 - Authorization to proceed was given for the proposed vacation of a portion of Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of Rialto Avenue and east of Pi co Avenue and Plan No. 10501 was approved. 10-07-02 - Resolution ofIntention No. 2002-317 was adopted, setting a public hearing. Recommended Motion: 1. 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 Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pico A venue and that certain east/west alley, south of Rialto Avenue and east of Pico Avenue, is no longer necessary for public street purposes, be adopted. AND ~E~ 2. Adopt Resolution. Contact person: EILEEN GOMEZ Phone: 5328 Supporting data attached: StaffReport/Maps Ward: 3 FUNDING REQUIREMENTS: Amount: $1,000.00 (Vacation Processing Fee) Source: (Acct. No.) 001-000-4780-0000 (Acct. Description) Vacation processing fees Finance: Council Notes: 'I?~('1 ~ 7,to c- 3S'.-.s Agenda Item No. ~ 1I1qfo<Y ., 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 Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of Rialto Avenue and east of Pi co Avenue. BACKGROUND: On August 19, 2002, staff was authorized to proceed with the proposed vacation of a portion of Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pi co Avenue and that certain east/west alley, south of Rialto Avenue and east of Pi co Avenue, and Plan No. 10501 was approved. The proposed vacation of these streets would assist in the prevention of public dumping and enable future development of the surrounding parcels by making them contiguous. Since Mr. Long already owns the majority ofthe adjoining parcels, it is staffs opinion that the portions of these streets proposed to be vacated will no longer be needed as public right of way. On October 7, 2002, Resolution ofIntention No. 2002-317 was adopted, setting a public hearing for November 4, 2002. Notices were posted along the area proposed for vacation and published in the Sun newspaper. Adjacent property owners were also notified of the public hearing by mail. 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. Easement requests were received from Burlington Northern Santa Fe for ingress and egress and existing facilities and for the City Water Department for waterlines and sanitary sewer, waterlines, and existing facilities. All easements will be reserved in the Resolution of Intention and the Resolution Ordering Vacation. 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: 1. The Director of Development Services has determined that the proposed vacation is of no further necessity to the general public. 2. A fmding 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. Responses were received and no conflicts were noted. Easements across the area to be vacated will be reserved in the Resolution Ordering Vacation for the City Water Department for waterlines and sanitary sewer and existing facilities and for Burlington Northern Santa Fe for ingress and egress and for their existing facilities. " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (cont) FINANCIAL IMPACT: None. Applicant has paid the $1,000 processing fee. RECOMMENDATION: Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the attached Resolution Ordering Vacation be adopted. " RIAL TO 5l ... .. ............................. .............................. CD I:;::::::I::::::::1:::::1:::1: @ :T:}::~:::::i:~::::f~::: 3 62.50' W ::l Z W ~ 0... ....._..... :::::::::::::(::::::::::::f::::::::::: CD :::'.::l{:JIi: 7J:::(J:(:~::: ....................... ..... ..... ..... 1 , '@' I I 2, 11 " .... .... < Cii w ~ ~CD @ ........ ........ ........ @ ................ /TOL -- CHA,N NEL AVENUE 8 e @ @ @ @ @ @ @ STREET @ @ ~ @ @ @ STREET @ ~ @ @ @ @ --- @ L W ::l Z W ~ z o Z 0:: W > ~ ~ Areas of vacation shown thus: ~ ~~::~~ ~;~If~~~~~~~~ ~Us: I?:::::::::::::::::<:l CITY OF SAN BERNARDINO PLAN NO, 10501 PUBLIC WORKS DIVISION REAL OPERTY SECTION Sheet 1 of 1 1iL/lk Date: €) @@~ @@@@@@@ @ CONGRESS @ @ @@@ @ @ '-- '-- -- -- -- SCALE: 1"-200' PROPOSED VACATION OF A PORTION A PIca AVENUE. SOUTH OF RIALTO A VENUE, BELLEVlEW STREET. EAST AND WEST OF PICO AVENUE AND THAT CERTAIN EAST/WEST ALLEY, SOUTH OF RIAL TO A VENUE AND EAST OF PIca AVENUE. No Scale 5th St. Mill St. o o c o u o Cl. Ora" e Show Rd. ~ .. . Vicinity of proposed vacation o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED VACATION OF A PORTION A PICO AVENUE, SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT CERTAIN EAST/WEST ALLEY, SOUTH OF RIALTO AVENUE AND EAST OF PI CO AVENUE. Created by:; {}k f ~ ~ indicates un-incorporated areas ~ within Cit 's S here of Influence e e 22 23 24 25 26 e 27 28 /--... .--" ,--- r (-'\\" . \ ..--"" / . \~c;7 .~ u( )L '- 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF PICO AVENUE, SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT CERTAIN 4 EASTIWEST ALLEY, SOUTH OF RIALTO AVENUE AND EAST OF PICO AVENUE 5 (pLAN NO. 10501) AND RESERVING EASEMENTS FOR CITY SANITARY SEWER, WATERLINES, AND FOR BURLINGTON NORTHERN SANTA FE FOR INGRESS 6 AND EGRESS AND EXISTING FACILITIES. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. 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, having heard the evidence offered in relation to the proposed vacation of that certain portion of Pico A venue, south of Rialto Avenue, Belleview Street, east and west of Pico A venue and that certain east/west alley, south of Rialto A venue and east of Pico Avenue, described in Resolution of Intention No. 2002-317, hereby find from all of the evidence submitted that such portions of said streets/alley proposed to be vacated by said Resolution is unnecessary for present and prospective street purposes. SECTION 2. The Mayor and Common Council of said City do hereby vacate that certain portion of Pico A venue, south of Rialto Avenue, Belleview Street, east and west of Pico A venue and that certain east/west alley, south of Rialto A venue and east of Pico A venue, more 21 fully described as follows: Those portions of Pi co Avenue (formerly California Street) generally south of Rialto A venue (formerly First Street); Belleview Street (formerly Atlantic Street) east and west of said Pico A venue; and that certain 15' wide east/west alley, south of said Rialto A venue, east of said Belleview Street, as said streets and alley are delineated on the map of Murray and Payne Subdivision, as per plat thereof recorded in Book 4 of Maps, page 27, records of the County Recorder of San Bernardino County, State of California, more fully described as follows: All that portion of said Pico A venue, lying south of the easterly prolongation of the south line of Lot I, Block K of said Murray and Payne Subdivision, and the north line of the Lytle Creek Flood Control Channel; and that portion of Belleview Street, lying between 10/28/02 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF PICO AVENUE, SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT CERTAIN EASTIWEST ALLEY, SOUTH OF RIALTO AVENUE AND EAST OF PICO AVENUE (plan No. 10501) AND RESERVING EASEMENTS FOR CITY SEWER AND WATER AND FOR BURLINGTON NORTHERN SANTA FE FOR INGRESS AND EGRESS AND EXISTING FACILITIES. the southerly prolongation of the west line of Lot 13, Block K of said Murray and Payne Subdivision and the southerly prolongation of the east line of Lot 12, Block E of said Murray and Payne Subdivision; and that certain 15' wide east/west alley lying south of and adjacent to Lots 3 through 7 of said Block E. Excepting therefrom any portions of the above streets and/or alley previously vacated. Also described in Resolution ofIntention No. 2002-317. 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 the City of San Bernardino, its successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, an easement for water utility purposes over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Burlington Northern Santa Fe, its successors, heirs and assigns, an easement to inspect, maintain, construct, operate, replace and renew existing railroad facilities or appurtenances, and said easement shall include the right of ingress and egress thereto. 1/1 10/28/02 2 e e e RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF PICO AVENUE, SOUTH OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT 1 CERTAIN EASTIWEST ALLEY, SOUTH OF RlALTO AVENUE AND EAST OF PICO AVENUE (Plan 2 No. 10501) AND RESERVING EASEMENTS FOR CITY SEWER AND WATER AND FOR BURLINGTON NORTHERN SANTA FE FOR INGRESS AND EGRESS AND EXISTING FACILITIES. 3 4 5 6 7 8 9 10 SECTION 4. It is hereby determined that the vacation of said streets and 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. /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/28/02 3 e e e RESOLUTION ORDERING VACATION OF THAT CERTAIN PORTION OF PICO AVENUE, SOUTH 1 OF RIALTO AVENUE, BELLEVIEW STREET, EAST AND WEST OF PICO AVENUE AND THAT CERTAIN EASTIWEST ALLEY, SOUTH OF RIALTO AVENUE AND EAST OF PICO AVENUE (plan 2 No. 10501) AND RESERVING EASEMENTS FOR CITY SEWER AND WATER AND FOR BURLINGTON NORTHERN SANTA FE FOR INGRESS AND EGRESS AND EXISTING FACILITIES. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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: A YES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_, JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. P NMAN City Atto . 27 By: 28 10/28/02 4 RIAL TO "5l ... .. 12.50' I I. W ::;) ,~I Z I , W 2, 1, ~ ..,-. .............. '.::::::~::::::::i:::::::::: 0>':.Jtf-I1III 7:Jj::::;f.:::~\';:::: ....................... .. .... ............................ ............................. .:::::{::i:::::::: {:::::::.(: {. 'r:tfl:IHtt:.:T:.}I (!) "'~'''''~''''''~''''''6'' 3 ::::t:::~::~t::}:~i:j:::~::::: .._._.. .. ....................... ...... .....m......................... ::::::::::f::::::'-::::::::::::::::::::::::::'-::::::::::::'-:::::~::::::~:'-::::::'-:i::::::::::::i;:::::::::::: :2i*-:'!.:il:,::::::,..:'::':i~:"~:::':'.:::::'.;::.::I:l::::::~:'::":::::I:':.::':' ~:I.I:I:,::,::::'.l:.:mo;.IrIIII:::":::::r'I\:@ " f/) ::::::::::::::::::::::::::::::::::::::X:::::::::::\::::::::::::::::::::::::::::::::::::::::::::-.:::::. ':::::::::::::i::::i/:::::::::::::@::::::::/::::::i:::::::::::::::::::::::;. I <~:H.I:::,:::;'!~'f~~:~:I}t " 1'6'1 "...................... . '" CD 1 ~..:.::::::::~::::::::::':::?:::::?:::~:::::.. I" ...................... !I~ J-)- ..::::~:I:ttiI}m I (,~...... .........<::::\::: ......c @......... ~~ ......... <;~ - 'r~ l 000.... <( 1ii W .... ~0 ~ ......... - - @ -- F?OL ....- CH4 tv tvt:L AVENUE ~ o @ @ @ @ @ @ @ STREET ~ @ ~ @ @ @ STREET @ 18 @ @ @ @ qj- L W ::;) z W > <( z o Z 0:: W > ....: ~ Areas of vacation shown thus: ~ Property own~d/contolled by , I':::':'::::':::::::.:.::::::,::':.:.:':'::::':.:::::':'::::::::::::::::::::::::'::::::::::::::1 vacation applicant shown thus. ...,...,."...,.......,........",...................... CITY OF SAN BERNARDINO PLAN NO. 10501 PUBLIC WORKS DIVISION REAL OPERTY SECTION Sheet 1 of 1 /iL/Ik;. Date: '- IB ~@~ @e@@@@qj~ CONGRESS @ ~ @@@ @ @ -....--""'----- -- --- PROPOSED VACATION OF A PORTION A PICO AVENUE. SOUTH OF RIALTO A VENUE. BELLEVlEW STREET. EAST AND WEST OF PICO AVENUE AND THAT CERTAIN EAST/WEST ALLEY. SOUTH OF RIALTO AVENUE AND EAST OF Pica A VENUE. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - Crry CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lis ,. November 8, 2002 County Recorder's Office 222 W. Hospitality Lane San Bernardino, CA 92415 Attn: Recording Clerk At the Mayor and Common Council meeting of November 4, 2002, the City of San Bernardino adopted Resolution No. 2002-353 - Resolution of the City of San Bernardino ordering the vacation of a portion of Pica Avenue, south of Rialto Avenue, Belleview Street, east and west of Pica Avenue and that certain east/west alley, south of Rialto Avenue and east of Pica Avenue (Plan No. 10501) and reserving easements for City sanitary sewer, waterlines, and for Burlington Northern Santa Fe for ingress and egress and existing facilities.. Section 5 directs the City Clerk to file a certified copy of the resolution with the San Bernardino County Recorder's Office; therefore, I am providing you with one certified copy of Resolution No. 2002-353. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely" f ,-/) ((Ckt!&:~ (0.- Michelle Taylor < Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 11- 4..w- Item # Vote: Ayes 1-'1 Nays P- Change to motion to amend original documents: - ()[; Resolution # 200 z - 3S3 Abstain ..G- Absent l3r- Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: =- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: J 1- S - 0 V Date of Mayor's Signature: 11- (",-o?- Date of Clerk/CDC Signature: 1\- '1-0 )..- Date Mem etter Sent for Signature: 60 Day Reminder Letter Sent on 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney II'" Parks & Rec. NullNoid After: - By: 1T'r. "'1 t t\ IL- Reso. Log Updated: Seal Impressed: .-/ .-/ Date Returned: - Yes / No By Yes No-L By Yes No-L By Yes NO-Y' By Yes No By_ Finance / Code Compliance Dev. Services.L- EDA Police Public Services Water Others: Notes: MIS BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Coutract Term. etc.) Ready to File: mi' Date: ~ Revised 0 I /12/0 I