Loading...
HomeMy WebLinkAboutItem No. 17 - Declaring Intent to Conduct a Public Hearing to Order to Vacation of a Portion of Home Avenue, I Street, Montgomery Street and the reservation of utilities therein Page 1 Public Hearing City of San Bernardino Request for Council Action Date: April 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Declare Intent to Conduct a Public Hearing to Order Vacation of Portion of Home, "I", and Montgomery Recommendation Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to or der the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the reservation of utilities therein. Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its o wn initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. On August 8, 2016, a petition to vacate portions of Home Avenue, “I” Street and Montgomery Street was received from Timothy J. Brickley (Attachment 2). The petition includes property owner signatures representative of over 90% of the parcels abutting the proposed street vacated vacations requesting the street be vacated by the City. Submitted with the petition was Plan No. 13099 (Attachment 1 - Exhibits A & B). According to the requester, the reason for the street vacation is to reduce truck traffic through the residential neighborhood and improve circulation between properties owned by the same entity. On January 9, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13099 to vacate portions of Home Avenue, “I” Street and Montgomery Street. On January 10, 2017, notices were sent out to utility providers, including the Water 6661 Page 2 Department, informing them of the proposed street vacations. Four utilities, gas, electric, water and phone, responded that they had existing facilities in the area proposed to be vacated and requested a reservation of easement. On January 11, 2017, notices were sent to City Departments and San Bernardino County Fire, informing them of the proposed street vacation. The Department of Public Works Traffic Engineering Division responded that cul - de-sacs would be necessary to allow non -residents of the apartment complex to turn around. The applicant provided the attached Proposed Cul-De-Sac Exhibit (Attachment 3). These cul-de-sacs will be required to meet City standards and will also require the petitioners to dedicate additional right of way. The Department of Public Works Engineering Division responded that there are existing sewer and storm drain facilities within the proposed street vacations for which a reservation of easement was requested. The Community Development Department responded with Planning Commission Resolution 2017-057-PC (Attachment 4) making an Environmental Determination that Plan No. 13102 is categorically exempt from the California Environmental Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13099 consistent with the General Plan and forwarding a recommendation to the Mayor and City Council to adopt the Categorical Exemption for and allow the proposed street vacation of portions of Home Avenue, “I” Street and Montgomery Street, along with a recommendation that truck traffic be prohibited on Home Avenue and 13 th Street. The referenced Real Property Stree t Vacation 16-00008 in the Planning Commission resolution is the activity number under which the Street Vacation Processing Fees were collected. On October 10, 2017, San Bernardino County Fire responded that there is a fire hydrant on Home Ave which would need to be relocated to the cul-de-sac on Home Ave and that any gated access points to the commercial properties would need to have Knox boxes to maintain Fire Department access. None of the departments that responded opposed the proposed street vaca tions. Reservations of easements were requested for existing and future facilities by the Water Department and Public Works Department. Courtesy notices were sent to property owners within 500’ of the proposed street vacation on January 26, 2017, informing them of the proposed street vacation and soliciting comments. Three property owners responded that they objected to the proposed vacations citing concerns that the action would result in increased truck traffic on their street, as well as increased dust and noise pollution from the Brickley site as a result of the increase in storage capacity of the site. The only property adjacent to the proposed vacation areas not represented on the original petition was the property located at the southwest corner o f “I” Street and 14th 6661 Page 3 Street. The property was acquired by a new owner in February 2017. Staff met with the new owner and received a verbal confirmation that the property owner supported the vacation of the portion of “I” Street adjacent to his property as the standing assumption is that he is the underlying owner of that portion of street. Due to staff turnover throughout the Public Works Department, the recordation of the street vacation started in 2017 was not completed. Staff reviewed options with t he City Attorney's office for moving forward with the street vacation action. After legal review, it was determined that the previously adopted resolution had expired, and a new street vacation process would need to be administered by staff. On November 26, 2019, the applicant resubmitted the appropriate petition documentation (Attachment 1) to restart the street vacation and requested staff to move forward. Staff is now requesting City Council authorization to begin the investigative process required to administer a new street vacation process. On January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Home Avenue, “I” Street and Montgomery Street. On January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500’ informing them of the proposed street vacations. On March 10, 2020, the Planning Commission adopted Resolution No . 2020-15 forwarding a recommendation of approval to the Mayor and City Council for Plan No. 13099, and finding that the project is Categorically Exempt under the California Environmental Quality Act. Discussion On November 15, 2017, the Mayor and City Council adopted Resolution 2017-225 declaring their intent to conduct a public hearing on the proposed street vacations. A date, time and place for said hearing was set for December 20, 2017, 5:00 PM, at 201 North “E” Street, San Bernardino, CA 92401 in the Third Floor Board Room. Pursuant to SHC section 8322(a) notices were published in the San Bernardino Sun Newspaper November 29, and December 6, 2017. Pursuant to SHC section 8323 notices were posted along the proposed street vacations on December 4, 201 7. On December 7, 2017, Public Works, with the cooperation of Brickley Environmental, conducted a Town Hall style meeting on the Brickley property to inform local residents about the Street and Highways General Street Vacation process and procedure and to answer any questions residents may have about how the proposed action impacts them. Five residents, representing three households, attended the Town Hall style meeting. Due to an technical error, the public hearing was not placed on the December 20, 201 7, 6661 Page 4 agenda, so the Mayor and City Council could not open the public hearing. The public hearing was rescheduled to January 17, 2018, pursuant to SHC section 8320(a)(2) which provides that the public hearing is administratively set by the clerk of the legislative body by fixing the date, hours and place of the hearing and causing the publishing and posting of the notices required by the chapter. Notices for the rescheduled public hearing were published in the San Bernardino Sun Newspaper on January 3, and January 10, 2018. Notification for the rescheduled public hearing was posted along the proposed street vacations January 2, 2018. At the public hearing on January 17, 2018, the Mayor and City Council adopted a Resolution Ordering the Vacation (Resolution 2018-20 - Attachment 2) of portions of Home Avenue, “I” Street and Montgomery Street with the reservation of utility easements therein. Through the resolution, the City also determined that a Categorical Exemption applied for the street vacation, reserved easements for gas, water, sewer, storm drain, electric and phone utilities and the resolution serves as a final order of vacation of portions of Home Avenue, “I” Street and Montgomery Street as described in Plan No. 13099. Street vacation proceedings are not considered completed until the resolution making the final order vacating portions of the street have been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. In addition, and pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. As a condition of the originally anticipated street vacation for Plan No. 13099, Public Works required that the applicant apply for permits for the plan check and ultimate construction and acceptance of the required cul -de-sac improvements. These improvements have been completed as of the date of this report. The adopted Resolution 2018-20 for the street vacation was not recorded with the County Recorder’s office within the required twelve (12) month time period. All improvements for this project have been completed and staff is now recommending that the City Council authorize staff to move forward with necessary actions to complete the street vacation process. 2020-2025 Strategic Key Targets and Goals This project is consistent with Key Target No. 2a: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. 6661 Page 5 Fiscal Impact There is no fiscal impact associated with this action. Costs incurred with this action have been offset by the non-refundable petitioner paid processing fee of $2,000. To date, all costs have been paid. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize City staff to proceed with the request to vacate portions of Home, “I” Street, and Montgomery Street for Plan No. 13099. Attachments Attachment 1 - Resolution 2020-66: Exhibit “A” & ”B” - Legal and Plats Attachment 2 - Petition Attachment 3 - Resolution 2020-015-PC Ward: 1 Synopsis of Previous Council Actions: On January 9, 2017, Mayor and City Council approved item 51 authorizing staff to investigate Plan No. 13099 to vacate portions of Home Avenue, "I" Street and Montgomery Street. On November 15, 2017, Mayor and City Council adopted Resolution No. 2017 -225 declaring their intent to conduct a public hearing on the proposed street vacation of portions of Home Avenue, "I" Street and Montgomery Street. On January 17, 2018, the Mayor and City Council adopted Resolution No. 2018 -20 ordering the vacation of portions of Home Avenue, "I" Street and Montgomery Street with the reservation of utility easements. On January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Home Avenue, "I" Street and Montgomery Street. Resolution No. 2020-66 RESOLUTION NO. 2020-66 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF PORTIONS OF HOME AVENUE, “I” STREET, MONTGOMERY STREET AND THE RESERVATION OF UTILITIES THEREIN WHEREAS, on August 8, 2016, a petition to vacate portions of Home Avenue, “I” Street and Montgomery Street was received from Timothy J. Brickley; and WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13099 to vacate portions of Home Avenue, “I” Street and Montgomery Street: and WHEREAS, on January 10, 2017, notices were sent out to utility providers, including the Water Department, informing them of the proposed street vacations: and WHEREAS, due to staff turnover throughout the Public Works Department, the recordation of the street vacation started in 2017 was not completed and a new street vacation process is legally required to be administered by staff; and WHEREAS, on November 26, 2019, the applicant resubmitted the appropriate petition documentation to restart the street vacation and requested staff to move forward; and WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of Home Avenue, “I” Street and Montgomery Street; and WHEREAS, on January 22, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500’ informing them of the proposed street vacations; and WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016 forwarding a recommendation of approval to the Mayor and City Council for the Por tion of Artesia Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare its intention to order the vacation of portions of Home Avenue, “I” Street and Montgomery Street and the reservation of utilities therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”. Resolution No. 2020-66 SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California SECTION 3. The hour of 7:00 p.m., on Wednesday, May 20, 2020, at 555 West 6th Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Resolution No. 2020-66 Sonia Carvalho, City Attorney Resolution No. 2020-66 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk