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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
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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.
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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.
"
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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:
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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.
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Vicinity of
proposed vacation
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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
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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.
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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
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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
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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.
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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.
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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.
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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 .
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By:
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10/28/02
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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:
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CONGRESS
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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