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HomeMy WebLinkAbout13-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution of Intention: proposed vacation of a portion of that certain east/west alley between Dept: Development Services _ Arco head Avenue and Mountain View Avenue, south - ~~ ~~~ ~~ of 18 Street and approval of Plan No. 11020A as Date: June 1, 2004 O amended. File No.15.30-372 Synopsis of Previous Council Action: MCC Date: 07-19-2004 02/02/04 -Authorization to proceed was given for the proposed vacation of a portion of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18`h Street and plan approval. Recommended Motion: 1) That the Director of Development Services and the City Clerk be authorized to terminate proceedings for the proposed vacation of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18`h Street; OR 2) Approve amended Plan No. 11020A; p AND ~_~ V ,tM~~ 3 Ado t resolution. Contact person: EILEEN GOMEZ phone: 5328 Supporting data attached: Staff Report/Map/Reso Ward: 2 FUNDING REQUIREMENTS: Amount: $1,000 (paid by EDA) Source: (Acct. No.) 001-000-4780-0000 (Acct. Deccrintionl Va a ion Pro ..ccing~'~ec Finance: Council Notes: Agenda Item No. ' 7/~R~~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: proposed vacation of a portion of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18~' Street and approval of Plan No. 11020A as amended. BACKGROUND: In February 2004, this office received a request from Mr. Patrick Neill, owner of 1707 N. Pershing Avenue, shown as Lot 22 on attached plan, for the vacation of portions of the east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18w Street. Public dumping, blight, public disturbances, and unlawful activities have been a problem in this azea for several years. The vacation of those portions of this alley would eliminate through traffic while still allowing the owners of the abutting pazcels access to their properties from the adjacent alleys. This would also assist in the elimination of the public disturbances. The majority of the adjoining pazcel owners have signed the petition in favor of the vacation, as they have all been directly impacted by these public nuisances. The Economic Development Agency has agreed to pay for the vacation process, as the azea proposed to be vacated is within the boundaries for the Neighborhood Initiative Program and related to current efforts by EDA to eliminate blight in this azea. On April 5, 2004, staff was authorized to proceed with the proposed vacation of portions of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18`h Street. 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. The Public Works Division indicated that they were concerned with drainage and access for utilities. The Fire Department also expressed concem regarding an adequate tumazound for emergency vehicles, which is a standazd requirement for a street in excess of 500 feet. The Fire Department's issue was addressed by requiring a "hammerhead" turnazound for emergency vehicle access, allowing for an additional 30 feet on the east and west sides of Pershing Avenue into the proposed vacation azea. The Public Works Division has indicated that if a wrought iron gate was installed to block public access; that would be sufficient for the drainage issue. If the vacation is approved, a drainage easement for the Public Works Division, and easements for Southern California Edison and Verizon California Inc. will be reserved in the Resolution of Intention and the Resolution Ordering Vacation for their existing facilities. An amended map which reduces the original vacation proposal to address the Fire Department's concern, has been prepared and is attached for your approval. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report (cont.) Several residents on the southern portion of Pershing Avenue, most of them elderly, have expressed concern regarding the closure of the portion of the alley between Pershing Avenue and Mountain View Avenue. These residents have indicated that they use this portion of the alley to access the bus stop on Mountain View Avenue and 17`" Street so they do not have to travel north on Pershing Avenue almost 500 feet, and then south on Mountain View Avenue another 550 feet to the bus stop. Several residents have also indicated that they walk their children and grandchildren to school by using the alley, which is much easier and faster than walking almost the full distance of both streets. Although some of the access issues addressed by various City departments have been resolved or mitigated, there is still concern over the adverse affect that this vacation would have on some of the local residents. After attempting to mitigate the concerns of the Fire Department and Public Works Division, and continuing to reserve easements for utilities, it is the opinion of the Development Services Director that there remains many negative consequences to vacating the alley. The vacated alley and the south end of Pershing Avenue would not be able to receive curb, gutter and sidewalk. The alley entrances would remain the same in appeazance. Street sweeping would be made more difficult and trash and debris are likely to collect in the hammerhead at the intersection with Pershing Avenue. Paved areas would have to remain paved to maintain drainage of storm water through the former alleys. These paved aeeas (or drainage gutters) would have to be maintained by and at the expense of the adjacent private landowners. The remaining asphalt (not needed to remain in storm gutters) would remain or be removed at the expense of the abutting private property owners. Also, 50% of the 15 feet of the vacated portion of the alley could become the property of the abutting lots to the south and 50% could become the property of the abutting lots to the north. It is unlikely that the abutting property owners would desire to remove and relocate existing fences and walls to the new property lines, and there are considerable questions and issues regarding how new walls and fences may be designed and constructed over the remaining utility and drainage easements. Perhaps a superior course of action is not to vacate the alley and instead, remove the weeds, fill the pot holes, trim the encroaching bushes and tree limbs, and resurface the alley. In addition, direct the Code Compliance Department and Building Division to inspect and direct premises maintenance improvements on the properties abutting the alley. If the Council wishes to continue with the proposal, a Resolution of Intention setting a public hearing for August 16, 2004 has been attached. If approved, the Resolution will be published in The San Bernardino County Sun, the street will be posted and adjacent and affected property owners will be given notification of the public hearing. At the public hearing, a Resolution Ordering Vacation will be submitted for your action. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report (cont.) FINANCIAL IMPACT: The Economic Development Agency has paid the vacation processing fees. In the event the vacation proceedings are terminated, one-half of the processing fees will be refunded to the Economic Development Agency. RECOMMENDATION: Staff recommends that the proceedings for the proposed vacation of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18s' Street, be terminated. 1 2 3 4 5 6 7 8 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF 18T" STREET AND RESERVING EASEMENTS FOR CERTAIN PUBLIC UTILITIES THEREIN (PLAN NO. 11020A). 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 hereby declares its intention to order the vacation of portions of that certain east/west alley 1 between Arrowhead Avenue and Mountain View Avenue, south of 18th Street, described as 11 l I follows: 14I 1 1 Those portions of that certain 15 foot east-west alley lying south of and adjacent to Lot 11, Block "E" of Home Gardens Subdivision as per plat thereof recorded in Book 21 of Maps, Page 53, records of the County Recorder of San Bernardino, State of California, excepting therefrom, the easterly 30 feet, together with that portion of said alley lying south of and adjacent to Lot 22, Block "F" of said Home Gazdens Subdivision, excepting therefrom, the westerly 30 feet, as said alley is delineated on said map of Home Gazdens Subdivision. SECTION 2. That the Mayor and Common Council of the City of San Bernazdino, in vacating the above described portions of said alley, elects to proceed under and in accordance with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", 21~ being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 4:00 p.m., on Monday, August 16, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appeaz before the said Mayor and Common Council and offer evidence in relation thereto. For further pazticulazs as to the proposed vacation, reference is made to that map marked "Plan No. 06/30/04 1 2 3 4 5 RESOLUTION OF INTENTION --VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF 18TM STREET (Plan No. 11020A) 11020," approved on February 2, 2004, and "Plan No. 11020A" as amended, a copy of which is on file in the office of the City Clerk of said City. SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 7~ 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 Bernazdino, its successors, heirs and assigns, an easement for sanitary sewer and appurtenant facilities, including 1 111 1 the right at any time, or from time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and said easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernazdino, its successors, heirs and 14 15 16 17 18 assigns, an easement for drainage purposes and appurtenant facilities, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew said appurtenances including the right at any time, or from time to time, the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of 211 wires, cables, conduits, poles, pole anchors and guy wires, manhole mazkers and necessary fixtures and appurtenances, including the right at any time, or from time to time, the right of ingress and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, an easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said easement shall include the right of ingress and egress thereto. 06/30/04 2 :~ 1 i 6 . ~ ;~ 1 i 1 "i , ~ i f 4 t f s `t E i `s 1 2 3 4 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF ISrx STREET (Plan No. 11020A) SECTION 5. That the City Engineer of the City of San Bernardino is hereby directed to cause Notices of Alley Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation Law." SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published once a week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernazdino, prior to the above date set forth for the public heazing. 11 12 13 14 15 i6 17~ 211 281 /// /// 06/30/04 3 1 2 3 4 5 RESOLUTION OF INTENTION --- VACATION OF PORTIONS OF THAT CERTAIN EAST/WEST i ALLEY BETWEEN ARROWHEAD AVENUE AND MOUNTAIN VIEW AVENUE, SOUTH OF 18"' STREET (Plan No. 11020A) I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the day of 71 Council Members: AYES NAYES ESTRADA 9 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 14 15 i6 17 18 19 20 21 22 23 KELLEY JOHNSON MCCAMMACK The foregoing resolution is hereby approved this Approved as to form and legal content: meeting thereof 20 , by the following vote, to wit: ABSTAIN ABSENT City Clerk day of , 20 JUDITH VALLES, Mayor City of San Bemardino JAMES F. PENMAN City Attorney n ~ 06/30/04 4 J I I I l I I I II I ~ L ---~--- o --18th -------~------ STREET ------~--- 41.25' 141.25' ~ 30' 130' 41.25' 141.25 I I W W ~ ~ w z LLJ z > Q Q Q I W Q I Q rr i w ~zl z I - Q _ ~ 0 ~ z ~ w ~ ~ Q I I . ~- - ---~ I , ~ i ~ I I I I I JJI~ .. III-- 11i I I I I i i iPOR.iARRbWH~4DAt7ENU6SUB. M.B. 18/30 ~0 ° ~a ~,~: ,._,ao. CITY OF SAN BERNARDINO PLAN N0. 11020 PUBLIC WORKS DIVISION REAL P PERTY SECTION Sheet 1 of 1 PROPOSED VACATION OF PORTIONS Approve ~ Date: t ~ OF THAT CERTAIN EAST-WEST ALLEY ,,~,~ «„ 9 BETWEEN ARROWHEAD AVENUE AND Created by: sra T.. Date: _ MOUNTAIN VIEW AVENUE, SOUTH OF Checked by: ~,/;-n~t_ Date:, ,,, ,,~ 18TH STREET. 12 13 14 15 ~p?~o 0 16 17 18 19 20 21 ~ 22 iz~.~r 15' 1 2 3 4 5 6 7 8 9 10 ~ 11 iz~.~r 12 13 14 15 16 17 18 ~O D 19 20 21 2z ~ ~zz~z' 15' 1 2 3 4 5 Q~ o 6 7 8 9 10 11 ~ ~zz~r