HomeMy WebLinkAbout24- Public Works r
ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Robert Eisenbeisz, City Engineer Subject: Public Hearing at 4:30 p.m. and
Resolution Ordering Vacation of a portion
Dept: Public Works of Pico Avenue between l la' Street and
Base Line Street (New Alessandro II
Date: July 1,2010 Elementary School).
File: 15.30-407 MCC Date: August 2, 2010
Synopsis of Previous Council Action:
07/06/10— Resolution No. 2010-233 was adopted, declaring its intention to vacate a portion of
Pico Avenue between I Vh Street and Base Line Street, and setting a public
hearing for August 2, 2010.
04/05/10— Authorization was given to proceed with the proposed vacation of a portion of
Pico Avenue between 1101 Street and Base Line Street; and Plan No. 12706
showing the proposed vacation, was approved.
Recommended Motion:
1. That the public hearing be closed and the Findings of Fact, asset forth in the staff report from
the City Engineer, as to why the portion of Pico Avenue between 110i Street and Base Line
Street is no longer necessary for public street purposes,be adopted.
AND A a
2. Adopt Resolution.
Robert Eisenbeisz
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Maps, Resolution Ward(s): 6
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No.
8 a /o
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of Pico Avenue
between 11`" Street and Base Line Street(New Alessandro II Elementary School).
BACKGROUND:
On March 13, 2009, an application was received from Jorge Mendez on behalf of the San
Bernardino City Unified School District(SBCUSD), requesting the vacation of Pico Avenue
between 1 la' Street and Base Line Street. The D. Fields Subdivision Map dedicated Pico
Avenue(dedicated as Pico Street)as public right-of-way,thus the City does not own any portion
in fee. SBCUSD owns all the parcels directly adjacent to this portion of Pico Avenue and is
planning to construct the new Alessandro II Elementary School where the street currently exists.
Since SBCUSD plans to construct the new proposed Alessandro II Elementary School over Pico
Avenue,there will be no future need for this street as public right-of-way.
I
SBCUSD prepared an Initial Study to determine impacts associated with construction of a new
! elementary school and the proposed vacation of Pico Avenue. The District adopted a Mitigated
Negative Declaration and filed a Notice of Determination on 09/20/2005.
On April 5, 2010, authorization to proceed with the proposed vacation was given and Plan No.
12706 was approved. City departments, utility companies and other government entities were
notified of the proposal and were given the opportunity to submit easement reservations and any
comments or conflicts. Several responses were received and all were favorable of the vacation.
There were requests to reserve utility easements for existing facilities from the City of San
Bernardino (sewer), San Bernardino Municipal Water Department, The Gas Company, and Verizon,
which will need to be reserved as required by law. All named utilities have indicated that they will
only need temporary easements as their existing utilities will be relocated or abandoned.
Staff has informed SBCUSD that the City does not determine the underlying ownership of the
area proposed to be vacated nor does it guarantee title to any property involved and they should
consult a title company to determine the owner of the area to be vacated.
On July 6, 2010, Resolution No. 2010-233 was adopted declaring the City's intention to order
the vacation of a portion of Pico Avenue between 11th Street and Base Line Street, and setting a
public hearing for August 2, 2010. The Resolution was published in the Sun newspaper, and the
streets posted. The applicant requesting the street vacation and all affected property owners in
the area were notified of the public hearing.
There appears to be no further necessity for the area proposed for vacation for street purposes,
and staff recommends the vacation based on the following facts:
2
1. The City Engineer has determined that the proposed vacation is of no further necessity to
the general public.
2. It does not conflict with the General Plan.
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.
5. There were requests to reserve easements from the utility companies listed above and the
easements have been reserved, as required by law.
FINANCIAL IMPACT:
None. The total amount of$2,000 has been paid by the applicant for the completion of the
vacation proceedings.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
ATTACHMENTS:
- Vicinity Map
- Plan No. 12706
- Resolution
3
�a
a`
e
15
Or 90th St xm
Q
egg Mashdl&vd
0 10
a
HiBMand Ave. m
3 m
E
8 ly m m
Base Line SL w 'm
1uhst
m
5th St
0
Rialto Ave.
f
15 a
Mill SL
E
10
Orerge.hox Rd r
•o
0 A/°
LOCATION OF �V
PROPOSED STREET VICINITY MAP
VACATION NTS
® CITY OF SAN BE NO
DEVELOPMENT SERVICES ES DEP DEPPRTMENT PROPOSED VACATION OF A PORTION OF PICO
REAL PROPERTY SECTION AVENUE BETWEEN 11TH STREET&BASE LINE
STREET, IN THE CITY OF SAN BERNARDINO.
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Date: 03/03 o10
N //��F
B E N -STI \`ET-
V
Ljn
J O O O O Cld" p 60 M M O O N Li
0 0 o 0 0 o AJ o
J o 0 0 0 I I
r m m m m m m
h M M M M M M O O
� 9,39-993_,3 J �
o 0 0 0 o a �
P\ 1� 0139-083-01
0139-061-29 V O1
/� 0 i
V1 NY N
0139-061-30 0
\J I
I m Co Mm u)
M 0 O O
U ^ M 0139-061-28 N N O N
M 0 0
0 O 0
I I I O
J O O O M N b M M N
T tT N N N M I O O 1 O
h M M M M uD
J O O O O O O O 6O 0 SO
m m m m m
O O O 0 O
11 THE vi
N
O H STREET
I
M _
NOTE: ALL PROPERTIES ADJACENT TO THE X
PROPOSED STREET TO BE VACATED ARE
CURRENTLY OWNED BY THE SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT. AREA TO BE
USED FOR THE CONSTRUCTION OF THE NEW
ALESSANDRO II ELEMENTARY SCHOOL.
1"=120'
CITY OF SAN BERNARDINO PLAN NO. 12706 PROPOSED VACATION OF PORTION OF PICO AVENUE,
PUBLIC WORKS DIVISION BETWEEN 11TH STREET AND BASE LINE STREET,
IN THE CITY OF SAN BERNARDINO.
r REAL P O RTY TION Sheet 1 of 1
LEGEND:
Approved: 7 25W, Date: Area of vacation shown thus:
���0
Created by: Ran Sandoval Date: 03/02/2010
Checked by: Laszlo Fogassy Date: File No. :15,30-407
1 RESOLUTION NO. O PrID LI I
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF PICO AVENUE BETWEEN 11' STREET AND
BASE LINE STREET AND RESERVING UTILITY EASEMENTS THEREIN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways,
7
and Service Easements Vacation Law", Division 9,Part 3 of the California Streets and Highway
8
9 Code, the Mayor and Common Council of the City of San Bernardino, having heard the
10 evidence offered in relation to the proposed vacation of a portion of Pico Avenue between I ls'
11 Street and Base Line Street, described in Resolution of Intention No. 2010-233, hereby find
12 from all of the evidence submitted that proper notice has been given and that such street
13 proposed to be vacated by this Resolution is unnecessary for present and prospective street
14
`rr purposes.
15
16 SECTION 2. The Mayor and Common Council of said City do hereby vacate that
17 portion of Pico Avenue between I I'h Street and Base Line Street, more fully described as
18 follows:
19 That portion of Pico Avenue, dedicated as Pico Street on the D. Fields Subdivision as
20 recorded in Book 5 of Maps, Page 79,Official Records of San Bernardino County, State
of California,more particularly described as follows:
21 All that portion of said Pico Avenue, 60 feet wide, lying between the south line of Base
22 Line Street,having a half width of 41.25 feet,and the north line of 11 m Street,having a
half width of 41.25 feet.
23
24 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
25 easements for public utility purposes belonging either to the City of San Bernardino or to any
26 public utility that existed prior to these vacation proceedings; and there is hereby specifically
err 27 reserved for the City of San Bernardino, its successors, heirs and assigns, a temporary easement
28a�
1 ESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
F PICO AVENUE BETWEEN IITH STREET AND BASE LINE STREET AND RESERVING UTILITY
2 EASEMENTS THEREIN.
3
4 or sanitary sewer and appurtenant facilities over the entire area proposed to be vacated,
5 including the right at any time, or from time to time, to construct, maintain, operate, replace and
6 renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and
7 there is specifically reserved for Southern California Gas Company, its successors, heirs and
8 assigns, a temporary easement over the entire area proposed to be vacated, to construct, place,
9 operate, inspect, maintain, repair and replace underground pipes and necessary fixtures and
10
1 appurtenances and said easement shall include rights of ingress and egress; and there is hereby
1
12 specifically reserved for Southern California Edison, its successors, heirs and assigns, a
13 temporary easement over the entire area proposed to be vacated to construct, place, operate,
14 inspect, maintain, repair, replace and remove any overhead or underground electrical
15 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
16 anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said
17
easement shall include rights of ingress and egress; and there is specifically reserved for Verizon,
18
19 its successors, heirs and assigns, a temporary easement over the entire area proposed to be
20 vacated to construct, place, operate, inspect, maintain, repair or replace underground and
21 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
22 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for
23 the City of San Bernardino Municipal Water Department, a temporary easement for water utility
24
purposes over the entire area proposed to be vacated, including the right at any time, or from
25
time to time, to construct, maintain, operate, replace and renew one or more pipelines or
26
27 appurtenances thereto for the transportation of water and for the construction and maintenance of
28 water wells and related incidental purposes, including the right of ingress and egress thereto.
nwnai i n �
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
2 F PICO AVENUE BETWEEN I ITH STREET AND BASE LINE STREET AND RESERVING UTILITY
EASEMENTS THEREIN.
3
4 he temporary easements set forth herein shall terminate upon relocation or abandonment of the
5 ffected utilities.
6 SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy
7 of this Resolution with the San Bernardino County Recorder's office.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
F PICO AVENUE BETWEEN I ITa STREET AND BASE LINE STREET AND RESERVING UTILITY
2 EASEMENTS THEREIN.
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of 20 by the following vote, to
7 wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 City Clerk
20
21 The foregoing resolution is hereby approved this day of 120
22
23 PATRICK J. MORRIS, Mayor
City of San Bernardino
24 Approved as to form:
25
27 SPSICIaJ l �Qinhs�I
28