HomeMy WebLinkAbout34- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Public Hearing at 4:30 p.m. and Resolution
Ordering Vacation of a portion of 25th Street between
Dept: Development Services "G" Street and "F" Street, and a portion of Berkeley
Avenue between 25th Street and 26th Street.
Date: May 12, 2010
File: 15.30-404 MCC Date: June 7, 2010
Synopsis of Previous Council Action:
05/03/10— Resolution No. 2010-88 was adopted, declaring its intention to vacate a portion of
25t' Street between "G" Street and "F" Street, and a portion of Berkeley Avenue
between 25th Street and 26th Street, and setting a public hearing for June 7, 2010.
06/15/09 - Authorization was given to proceed with the proposed vacation of a portion of 25th
Street between"G" Street and"F" Street, and a portion of Berkeley Avenue between
25th Street and 26th Street; and Plan No. 12651 showing the proposed vacation.
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 the portion of 25th Street between"G" Street
and"F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street are no
longer necessary for public street purposes,be adopted.
AND ����
2. Adopt Resolution. rym� )
Valerie C. Ross
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Maps, Reso Ward(s): 7
FUNDING REQUIREMENTS: Amount: None
Source: (Acct.No.)N/A
Acct. Description: N/A
Finance:
Council Notes: `f��S0 z 010
Agenda Item No. 1
(P-�-2�CJ10
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Public Hearing at 4:30 p.m. and Resolution Ordering Vacation of a portion of 250 Street between
"G" Street and"F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street.
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 250i Street
between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and
260i Street. The Map of Bonita Gardens dedicated as public right-of-way both, 25th Street and
Berkeley Avenue (College Avenue), thus the City does not own any portion in fee. SBCUSD
owns all the parcels directly adjacent to this portion of 25th Street and Berkeley Avenue and is
planning to construct the new Wilson II Elementary School where the streets currently exist.
Since SBCUSD plans to construct the new proposed Wilson II Elementary over 251h Street and
Berkeley Avenue, there will be no future need for these streets as public right-of-way. The
Environmental Impact Report (EIR) for Wilson II prepared on behalf of the School District
addressed that there are no impacts on the proposed vacation.
On June 15, 2009, authorization to proceed with the proposed vacation was given and Plan No.
12651 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 Southern
California Edison (SCE), which will need to be reserved as required by law. These utilities have
indicated that they will only need temporary easements as their existing utilities will be relocated or
abandoned.
Staff has informed the applicant 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 May 3, 2010, Resolution No. 2010-88 was adopted declaring the City's intention to order the
vacation of a portion of 25th Street between"G" Street and "F" Street, and a portion of Berkeley
Avenue between 25th Street and 260' Street, and setting a public hearing for June 7, 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.
As a condition of this vacation, the SBCUSD will be required to construct and dedicate a cul-de-
sac at the southerly terminus of"F" Street, as well as a drainage easement from the cul-de-sac,
westerly to "G" Street, as shown on the attached map. All improvements will be required to be
2
constructed to City standards before the recordation of the resolution approving the vacation.
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:
I. The Director of Development Services 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. 12651
- Resolution
3
LOCATION OF
PROPOSED STREET
VACATION
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Highand Ave VICINITY MAP
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DETAIL A'
CITY OF SAN BERNARDINO PROPOSED VACATION OF A PORTION OF 25TH ST
DEVELOPMENT SERVICES DEPARTMENT BETWEEN "G" ST & "F" ST,AND A PORTION OF
a� e. REAL PROPERTY SECTION BERKELEY AVE BETWEEN 25TH ST &26TH ST, IN THE
CITY OF SAN BERNARDINO.
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Date: 05/04/09
MAP OF BONITA GARDENS
M.B. 23/75
J0 _ 26TH STREET ry
23 77 15 9 "
30 130
24 78 70 2
25 1jL/' W
26 24 PAR_ 1 PAPARCEL M NO.175H PAR. 2 PA28 229 2
J0 J0
41 40 39 38 37 36 35 34 33 32 37 3C/
J0 30 -- _— — -- -- /
-All street names shown on this plot are Cul—ds—sac a dromoy. chonoN
that will be required to be ur
as they currently exist. Berkeley Avenue aetmled to City stoodard. Prior
was dedicated as College Avenue on the to the street e.eotion being
fin oozed
Map of Bonito Gardens.
1"=120'
— CITY OF SAN E ARDINO PLAN NO. 12651 PROPOSED VACATION OF A PORTION OF 25TH STREET
" r PUBLIC OR DIVISION BETWEEN"G"ST. &"F"ST.,AND A PORTION OF BERKELEY
ti n REAL P P SECTION Sheet 1 of 1 AVENUE BETWEEN 25TH STREET AND 26TH STREET.
LEGEND:
Approved: Date:
c ry _'W.' Area of vacation shown thus:
_ //
Created by: Ryan Sandoval -f Date:Date: 4 ; 1l4'1
Checked by: Laszlo Fogassy Date: : Q �, File No. :15.30 404
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: RACHEL CLARK
City Clerk
FROM: RYAN SANDOVAL
Assessment District/Real Property Specialist
SUBJECT: 2010/2011 Assessment Rolls
DATE : May 27, 2010
COPIES: Margaret Fedor, Executive Assistant to the Director
File No.: 14.40-GEN
Attached are the 2010/2011 Assessment Rolls for the various Assessment Districts administered by the City,
which are to be filed in your office. Resolutions confirming the 2010/2011 Assessments will be on the June 21,
2010 Council agenda.
After confirmation of the assessment rolls by the Mayor and Common Council,please enter the various
resolution numbers and adoption dates as appropriate, and complete the certification of adoption and return one
executed set to this office. We will also need one regular and one certified copy of each resolution, after
adoption.
Please note that, as last year,the rolls will be filed electronically through our department with the County, for
placement on the 2010/2011 property tax bills.
If you have any questions on this matter, please call me at 5226.
COPT
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF 25TH STREET BETWEEN "G" STREET AND "F"
STREET, AND A PORTION OF BERKELEY AVENUE BETWEEN 25TH STREET AND
4 26TH STREET AND RESERVING UTILITY EASEMENTS THEREIN.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Proceeding under and in accordance with the "Public Streets, Highways,
8 and Service Easements Vacation Law", Division 9, Part 3 of the California Streets and Highway
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 25'" Street between "G"
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Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26`h Street,
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13 described in Resolution of Intention No. 2010-88, hereby find from all of the evidence
14 submitted that proper notice has been given and that such street proposed to be vacated by this
15 Resolution is unnecessary for present and prospective street purposes.
16 SECTION 2. The Mayor and Common Council of said City do hereby vacate that
17 portion of 25`h Street between "G" Street and "F" Street, and a portion of Berkeley Avenue
18
between 25`h Street and 26`h Street, more fully described as follows:
19
That portion of 25h Street, 52 feet wide, between the east line of"G" Street, having a half width
20 of 30 feet, and the west line of"F" Street, having a half width of 30 feet, and that portion of
21 Berkeley Avenue (formerly known as College Avenue), 50 feet wide, between the north line of
25'h Street, having a half width of 26 feet, and the south line of 26 Street, having a half width
22 of 30 feet, dedicated to the City of San Bernardino on the Map of Bonita Gardens, as recorded
in Book 23 of Maps, Page 75, Official Records of San Bernardino County, State of California,
23 together with that portion of Berkley Avenue as dedicated on Parcel Map No. 17514, recorded
24 in Book 221 of Parcel Maps, Pages 51-52, records of said County.
25 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
26 easements for public utility purposes belonging either to the City of San Bernardino or to any
27 public utility; and there is hereby specifically reserved for the City of San Bernardino, its
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5i06i10 , ��em- 3
I RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF 25TH STREET BETWEEN"G" STREET AND"F" STREET,AND A PORTION OF BERKELEY
2 AVENUE BETWEEN 25TH STREET AND 26TH STREET.
3 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities
4 over the entire area proposed to be vacated, including the right at any time, or from time to time,
5
to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include
6
the right of ingress and egress thereto; and there is specifically reserved for Southern California
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8 Gas Company, its successors, heirs and assigns, a temporary easement over the entire area
9 proposed to be vacated, to construct, place, operate, inspect, maintain, repair and replace
10 underground pipes and necessary fixtures and appurtenances and said easement shall include
11 rights of ingress and egress; and there is hereby specifically reserved for Southern California
12 Edison, its successors, heirs and assigns, a temporary easement over the entire area proposed to
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be vacated to construct, place, operate, inspect, maintain, repair, replace and remove any
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15 overhead or underground electrical transmission and/or distribution structure consisting of
16 wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary
17 fixtures and appurtenances and said easement shall include rights of ingress and egress; and
18 there is hereby specifically reserved for the City of San Bernardino Municipal Water
19 Department, a temporary easement for water utility purposes over the entire area proposed to be
20 vacated, including the right at any time, or from time to time, to construct, maintain, operate,
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22 replace and renew one or more pipelines or appurtenances thereto for the transportation of water
23 and for the construction and maintenance of water wells and related incidental purposes,
24 including the right of ingress and egress thereto. The temporary easements set forth herein shall
25 terminate upon relocation or abandonment of the affected utilities.
26 SECTION 4. It is hereby determined that the vacation of said streets are categorically
27 exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant
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nun�nn �
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF 25TH STREET BETWEEN"G"STREET AND"F" STREET,AND A PORTION OF BERKELEY
2 AVENUE BETWEEN 25' STREET AND 26T° STREET.
3 to Class 1, Section 15301(c).
4 SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy
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of this Resolution with the San Bernardino County Recorder's office after certain conditions set
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7 forth by the City Engineer are met.
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S/Ofi/10 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION
OF 25TH STREET BETWEEN"G"STREET AND"F" STREET, AND A PORTION OF BERKELEY
2 AVENUE BETWEEN 25TH STREET AND 26TH STREET.
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
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held on the day of , 20 , by the following vote, to
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wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12 SHORETT
13
KELLEY
14
JOHNSON
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16 MCCAMMACK
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18 City Clerk
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20 The foregoing resolution is hereby approved this day of
21 20
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23 PATRICK J. MORRIS, Mayor
City of San Bernardino
24 Approved as to form:
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27 C'w ARemcy S t—t- I Ca•,SP�
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