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HomeMy WebLinkAbout14- Development Services CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Public Hearing 10:00 a.m. and Resolution Ordering Vacation--- a portion Dept: Development Services of Pumalo Street,East of Del Rosa Avenue. Date: December 14, 1999 ORIu INAL File No.15.30-348 Synopsis of Previous Council Action: MCC Date: 1-10-2000 10/04/99 Authorization to proceed with the proposed vacation of a portion of Pumalo Street, east of Del Rosa Avenue and approve Plan No. 9992, was given. 12106/99 Resolution of Intention No. 1999-301 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 Pumalo Street, east of Del Rosa Avenue is no longer necessary for public street purposes, be adopted. AND , 2. Adopt Resolution. Michael E. 1-#ys Contact person: EILEEN GOMEZ Phone: 5328 Supporting data attached: Staff Report/Maps/ Ward: 7 eso u ion FUNDING REQUIREMENTS: Amount: $1000.00 Source: (Acct. No.) 001-182-5011-0000 (Acct Descri Real Property/Salaries Finance: Council Notes: i gAgenda Item No. ' I�IO��bO CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing for 10:00 a.m. and Resolution Ordering Vacation — a portion of Pumalo Street, east of Del Rosa Avenue. BACKGROUND: This portion of Pumalo Street was dedicated to the City of San Bernardino in 1963, creating a right-of-way half width of 53 feet. In 1964, an apartment complex was built on the south side of Pumalo Street (1677 Pumalo Street). It was recently noted that a portion of the private improvements, including a portion of the apartment building, block wall and private landscaping and walkways, encroaches into the City right-of-way. On October 4, 1999, staff was authorized to proceed with the proposed vacation and Plan No. 9992 was approved. All affected City departments and utility companies were notified of the proposal on October 13, 1999 with a reply due by October 28, 1999. There were no conflicts from property owners noted. GTE requested the reservation of an easement for existing facilities, which will be reserved in the Resolution Ordering Vacation. On December 6, 1999, Resolution of Intention No. 1999-301 was adopted setting a public hearing for January 10, 2000. The Resolution was published in the Sun Newspaper, notices were posted and all adjacent and affected property owners were given notice by mail. 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 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. Responses were received and no conflicts were noted. An easement across the easterly two-(2) feet of the area to be vacated will be reserved for General Telephone Company in the Resolution Ordering Vacation. FINANCIAL IMPACT: The $1,000 standard vacation fee for staff time and processing is usually paid by the petitioner; however, $1,000 will be paid from Real Property/Salaries (001-182-5011-000) since the action is City initiated. RECOMMENDATION: Staff recommends approval of the attached Resolution Ordering Vacation. O a I W aZ iL Z OW A J OQ Cl) Q F- < r U It O (f) 00� $ o QW Z LL p O LL w ` Z O w O W z UW < a I,ff o W c m 3 z � F � z O (D) c O x , ff a QJ zz K a o z a oz _____________ _____________ _ fS W o 0e i7W2 1(�--W2J6r5-v562f--a3&------- - a o $ Z p Z O Q (n — `o CL Q _U >Ln _ L IX x W L O m U) Wi Lf Z F- 0 W W � Q 0 iL � o = N QN V > n LU cl v a � m m a U � Location of Proposed Vacation _ � v a k� IB 15 ooi D ro. 40th St. 330 a Big ° 6 0O Marshall Blvd. _ v 210 ° 239 3 Q PUMA ST Highland Ave. a In ° B Bose Line St. in ° 9th St a 5th St. c Rialto Ave. Belleview St. > v a Mill St. 15 °o L4 I c v 210 n Orange Show Rd. r 0 VICINITY MAP No Scale CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF DEVELOPMENT SERVICES DEPARTMENT PUMALO STREET, EAST OF DEL ROSA PUBLIC WORKS DIVISION AVENUE ® Indicates un—incorporated areas within Citis Sphere of Influence Q 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF PUMALO STREET, EAST OF DEL ROSA AVENUE. d BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6. SECTION 1. That the Mayor and Common Council of the City of San Bernardino, I I 7 having heard the evidence offered in relation to the proposed vacation of that certain portion of 8 9 Pumalo Street, east of Del Rosa Avenue, described in Resolution of Intention No. 1999-301, 1a hereby find from all of the evidence submitted that such portion of said street proposed to be 111 vacated by said Resolution is unnecessary for present and prospective street purposes. 12� I SECTION 2. The Mayor and Common Council of said City do hereby vacate that 1311 1 certain portion of Pumalo Street, east of Del Rosa Avenue, more fully described as follows: © X1. 1 The South 2 m 0 feet of that portion of Pumalo Street, as conveyed by Easement to 1,Ii the City of San Bernardino by document recorded in Book 6042 of Official 1'i Records. Pace 194, records of the County Recorder of San Bernardino County. I State of California, being a portion of Lots I and 2. Block 9, Orange Grove Tract. =7' ' West Highlands as per map recorded in Book I of Maps. Page 14. records of said County. more fully described as follows: Sig Beginning.at the point of intersection of the West line of the East 88 feet of said COI Lot 1 and a line that is 33 feet South of and parallel with the centerline of said PumaToo Street; thence East: along said parallel line, a distance of 88 feet to the West line of said Lot 2; thence, continuing along said parallel line, a distance of 21 132 feet; thence South, along the East line of said Easement conveyed to the City 221. 1 of San Bernardino, to a point on a line that is 53 feet South of and parallel with said centerline of Pumalo Street: thence West, along said parallel line to said West 23 1 line of the East 88 feet of said Lot 1; thence North, along said West line, to the 24111 point of beginning. 25 I EXCEPTING therefrom, that portion lying within the Del Rosa Storm Drain easement. 26 26 Also described in Resolution of Intention No. 1999-301. V 23 12/14/99 �0/� RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF PUMALO STREET, EAST OF 1 DEL ROSA AVENUE. 2 3 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 4 easements for public utility purposes belonging either to the City of San Bernardino or to any 5 6 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns, 7 an easement across the easterly two (2) feet of the area to be vacated, to construct, place, operate, 8 inspect, maintain, repair and replace underground and overhead structures consisting of wires, 9 cables and necessary fixtures and appurtenances and said easement shall includes rights of 10 ingress and egress. 11 12 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of 13 this Resolution with the San Bernardino County Recorder's office. 14 15 16 17 18 19 20 21 3 22 23 24 25 26 27 28 12/14/99 2 RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF PUMALO STREET, EAST OF 1 DEL ROSA AVENUE. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof 5 held on the day of 20_, by the following vote, to 6 wit: 7 g Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MCGINNIS 12 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 MILLER 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 20 21 22 JUDITH VALLES,Mayor 23 City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN City orney 27 28 By: 01/03/00 3 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS,Director Subject: Resolution of Intention: Vacation of a portion of Pumalo Street, Dept: Development Services East of Del Rosa Avenue Date: November 15, 1999 File No.15.30-348 Synopsis of Previous Council Action: MCC Date: 12-6-99 10-04-99: Authorization to proceed with the proposed vacation of a portion of Pumalo Street, east of Del Rosa Avenue was approved. Recommended Motion: Adopt Resolution Michael E. Hyys Contact person: EILEEN GOMEZ Phone: 5026 Supporting data attached: Staff Report, Maps, Res. Ward: 7 FUNDING REQUIREMENTS: Amount: $1000.00 Source: (Acct. No.) 001-182-5011-0000 (Acct flasrr' tin Real Property/Salaries Finance: Council Notes: Agenda Item No. �y o��ia�a000 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: Vacation of a portion of Pumalo Street,east of Del Rosa Avenue. BACKGROUND: This portion of Pumalo Street was dedicated to the City of San Bernardino in 1963, creating a right-of-way half width of 53 feet. In 1964, an apartment complex was built on the south side of Pumalo Street (1677 Pumalo Street). It was recently noted that a portion of the private improvements, including a portion of the apartment building, block wall and private landscaping and walkways, encroaches into the City right-of-way. Pumalo Street is designated as a `collector" street. The ultimate right-of-way for collector streets is set at 66 feet (or 33 feet half width). This proposed vacation would eliminate the 20- foot excess right-of-way, leaving the required 33 feet half width. Elimination of the excess right- of-way will also eliminate any potential liability to the City associated with it. The area proposed to be vacated will commence approximately six (6) inches behind the sidewalk, which is the standard and thus the sidewalk will still be within the City right-of-way. This is a City initiated action and the amount of$1,000 estimated for all staff time allocated to the proceedings would be funded from the General Fund. On October 4, 1999, staff was authorized to proceed with the proposed vacation and Plan No. 9992 was approved. City Departments, utility companies and all adjacent property owners were notified of the proposal and requested comments on any conflicts or easement reservations. Several responses were received and no conflicts were noted. General Telephone Company has requested the reservation of an easement for their existing facilities, which will be reserved in the Resolution Ordering Vacation. The attached Resolution of Intention sets a public hearing for January 10, 2000. Upon approval, the Resolution will be published in the Sun; the street posted and adjacent property owners will be given mailed notification of the public hearing. At the Public Hearing, a Resolution Ordering Vacation will also be submitted for your action. FINANCIAL IMPACT: $1,000 from the General Fund (001-182-5011-0000 - Real Property / Salaries). RECOMMENDATION: Staff recommends approval of the attached Resolution of Intention. Location of Proposed Vacation Q F 15 kco0oii 18 o. O 40th St. 330 a Quo, o Marshall Blvd, rc v u 10 ° Highland Ave. xis 3 a' ra sr 0 H o E Base Line St. 9th St a 5th St. Rialto Ave. Belleview St. > v i 5 a Mill St. ° 0 C u 10 n Orange Show Rd. A. 0 VICINITY MAP No Scale CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF DEVELOPMENT SERVICES DEPARTMENT PUMALO STREET, EAST OF DEL ROSA PUBLIC WORKS DIVISION AVENUE ® indicates un—incorporated areas within City's Sphere of Influence O J Q 0_ Zco LL Z Cl) Ow Ld Z < M J Q Lo V) O K c O la O Q w ¢ w FT Z LL O LU�JJ O LL w Z O z O F- 0 P: W ({7 U w a � W Z 6ff A m W F m y 0 co U)O 4m O v N �0�eh z O Y Z Q am a z a O oz Q I VC£ fs O ' m y — -- +a VdG Piuers—vsea—aaa ------ — a — p m OwZ `0 4 0 � 0 a I QU > CL Z it 0� y ww Q a ° m U) Of v W ff QzQ U) ui Q LL U Ode i D U > � g o Q a r a L° am °. U O Nt{LNARfiF� 4 CI z BERNARDINO 300 NORTH"U"STREET, SAN BERNARDINO, CALIFORNIA 92418 £D 114\0\ R A C H E L C L A R K C I T Y C L E R K January 12, 1999 Mr. Larry Walker San Bernardino County Recorder 222 West Hospitality Lane, First Floor San Bernardino, CA 92415-0022 Dear Mr. Walker: On January 10, 2000 the Mayor and Common Council adopted Resolution 2000-4. Enclosed please find a certified copy of said resolution for recording. Once recorded please return the document to my attention. Sincerely, Rachel Clark City Clerk By: Melanie Miller Senior Secretary P. O . BO % 1519 , OAN BE R NA R 0I NO , CA 92402 3 0 0 N O R T H ' 0 S T R E E T , S A N B E R N A R 0 1 N 0 . C A L I F O R N I A 9 2 4 1 5 . 0 0 0 1 (9 0 9) 5 9 4 . 5 0 0 5 (9 0 9 1 5 0 4 . 5 1 02 F A R . ( 9 0 9 ) 3 0 4 -5 1 5 9 T O D I T T Y -( 9 0 9 ) 3 5 4 - 5 54 0 5 1 2 3 STATE OF CALIFORNIA ) 4 COUNTY OF SAN BERNARDINO ) SS 5 CITY OF SAN BERNARDINO ) 6 I, RACHEL G. CLARK, City Clerk in and for the City 7 of San Bernardino DO HEREBY CERTIFY that the foregoing and attached copy of the City of San Bernardino 8 Resolution 2000-4 9 is a full, true and correct copy of that now on file 10 in this office. 11 IN WITNESS WHEREOF, I have hereunto set my hand 12 and affixed the official seal of the City of San Bernardino this 12th day of January 2000 . 13 14 15clGC� ,�i Rachel G. Clark, City Clerk 16 17 18 By: i e'CG�cascu ��1�' Melanie Miller 19 Senior Secretary 20 21 22 23 24 25 26 27 28 PLEASE COMPLETE TH8 RFCMWMDN . RECOROMO ReouEWIED BY: CITY OF SAN BERNARDINO CITY CLERL'S OFFICE AND WHEN RECORDED MAIL TO: CITY CLEBL'S OFFICE P 0 BOX 1318 SAN BffiiARDINO CA 92402 r i i s • 7 • f • ro cre ur ao ro Attn: M. Miller m m m off r ran na S Q �w n u m mm rws ru aea ELW SPACE ABOVE FOR 'S USE ONLY Resolution 2000--4 TWO of DocWnent la. ip�aa Am Y d- ..: THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (IMM AdatldW Pb dnY Fs APPg") ti 1 RESOLUTION NO. 2000-4 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF PUMALO STREET, EAST OF DEL ROSA AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That the Mayor and Common Council of the City of San Bernardino, 7 8 having heard the evidence offered in relation to the proposed vacation of that certain portion of 9 Pumalo Street, east of Del Rosa Avenue, described in Resolution of Intention No. 1999-301, 10 hereby find from all of the evidence submitted that such portion of said street proposed to be 11 vacated by said Resolution is unnecessary for present and prospective street purposes. 12 SECTION 2. The Mayor and Common Council of said City do hereby vacate that 13 certain portion of Pumalo Street, east of Del Rosa Avenue, more fully described as follows: 14 15 The South 20 feet of that portion of Pumalo Street, as conveyed by Easement to the City of San Bernardino by document recorded in Book 6042 of Official 16 Records, Page 194, records of the County Recorder of San Bernardino County, State of California, being a portion of Lots 1 and 2, Block 9, Orange Grove Tract, 17 West Highlands as per map recorded in Book I1 of Maps, Page 14, records of 18 said County,more fully described as follows: 19 Beginning at the point of intersection of the West line of the East 88 feet of said Lot 1 and a line that is 33 feet South of and parallel with the centerline of said 20 Pumalo Street; thence East; along said parallel line, a distance of 88 feet to the 21 West line of said Lot 2; thence, continuing along said parallel line, a distance of 132 feet; thence South, along the East line of said Easement conveyed to the City 22 of San Bernardino, to a point on a line that is 53 feet South of and parallel with said centerline of Pumalo Street; thence West, along said parallel line to said West 23 line of the East 88 feet of said Lot 1; thence North, along said West line, to the 24 point of beginning. 25 EXCEPTING therefrom, that portion lying within the Del Rosa Storm Drain easement. 26 27 Also described in Resolution of Intention No. 1999-301. 28 12/14/99 t 2000-4 RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF PUMALO STREET, EAST OF 1 DEL ROSA AVENUE. 2 3 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 4 easements for public utility purposes belonging either to the City of San Bernardino or to any 5 6 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns, 7 an easement across the easterly two (2) feet of the area to be vacated, to construct, place, operate, 8 inspect, maintain, repair and replace underground and overhead structures consisting of wires, 9 cables and necessary fixtures and appurtenances and said easement shall includes rights of 10 ingress and egress. 11 12 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of 13 this Resolution with the San Bernardino County Recorder's office. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12/14/99 2 2000-4 RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF PUMALO STREET, EAST OF 1 DEL ROSA AVENUE. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof 5 held on the 10th day of January 2000 by the following vote, to 6 wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 LIEN x 11 12 MCGINNIS x 13 SCHNETZ x 14 SUAREZ x 15 ANDERSON x 16 MILLER x 17 18 �,� C2tst�� 19 City'Glerk 20 The foregoing resolution is hereby approved this 170— y of January 2000 21 / 22 JJUDl VALLES,Mayor 23 an Bernardino 24 Approved as to form / 25 and legal content: 26 JAMES F. PENMAN 27 City Altomey 28 01/03/00 _ 3 c CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: RACHEL CLARK SAN 1? AI] 1z City Clerk FROM: LASZLO "Les"FOGASSY,Real Property Official Development Services SUBJECT: Resolution ordering the vacation of a portion of Pumalo Street DATE: January 11, 2000 FILE NO.: File No. 15.30-348;Reading On January 10,2000, Resolution No. 2000-4 was adopted, ordering the vacation of a portion of Pumalo Street,east of Del Rosa Avenue. It is requested that you accept the resolution on behalf of the City and file it in the Office of the County Recorder. When the recorded document is received,please forward the same to this office. Please call this office at extension 5111 if you have any questions on this matter. LASZLO "Les" FOGASSY Real Property Official Public Works Division EILEEN GOMEZ Real Property Specialist Public Works Division