HomeMy WebLinkAbout24-Development Services
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation: proposed
vacation of portions of 19th Street
McKinley Street and various alleys south
of 20th Street, east of Guthrie Street.
Dept: Development Services
Date: June 29, 2005
File No. 15.30-380 MCC Date: July 5, 2005
SynOrSiS of Previous Council Action:
Apri 4,2005: Authorization to proceed with the proposed vacation of portions of 19th Street
and various alleys south of 20th Street, east of Guthrie Street, was approved.
June 6, 2005: Resolution No. 2005-134 was adopted, declaring its intention to vacate portions
of 19th Street and various alleys south of 20th Street, east of Guthrie Street and setting a public
hearing set for July 5, 2005.
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 portions of 19th Street, McKinley
Street and various alleys south of 20th Street, east of Guthrie Street, are no longer necessary
for public street purposes, be adopted.
AND
2.
Adopt Resolution.
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James
Contact person: Jeanne'marie Fitzpatrick
Phone: 5328
Supporting data attached: Staff Report/Reso/Exhibits Ward: 7
FUNDING REQUIREMENTS: Amount: $1,200 (processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
{Acct. Description} Vacation Processing Fees
Finance:
Council Notes:
/!;of;'{)()S\2 &.5
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00 p.m. and Resolution Ordering Vacation: proposed vacation of portions of
19th Street, McKinley Street and various alleys south of 20th Street, east of Guthrie Street.
BACKGROUND:
This office received an application from David Evans and Associates for the vacation of
McKinley Street between Sunrise Lane and 20th Street; the east/west alley between Arden
Avenue and Guthrie Street; a portion of the alley east of Guthrie Street; and 19th Street east of
Guthrie Street. The request was submitted on behalf of the San Bernardino City Unified School
District in preparation for the proposed Emmerton II Elementary School expansion which
includes the construction of a playfield and parking lot. The easterly portion of Sunrise Lane
turning into McKinley Street will become a cul-de-sac. Portions of Lots 8 and 9 north of Sunrise
Lane will be dedicated for this purpose.
According to PCH Architects, the firm managing this project, the school district has completed
the relocation of all residents located on the south side of 20th street, between Guthrie Street and
Arden Avenue and has purchased all of these properties. Additionally, the residents north of
Sunrise Lane will not be affected by the proposed alley vacation east of Guthrie Street because
they have access to their properties from Sunrise Lane.
On April 4, 2005, authorization to proceed with the proposed vacation was given and Plan No.
11409 was approved. City Departments and utility companies 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. Southern California Edison,
SBC/Pacific Bell and Adelphia Cable have requested the reservation of an easement for their
facilities. Temporary easements will be reserved until such time as the utilities are either
abandoned or relocated.
On June 6, 2005, Resolution No. 2005-134 was adopted declaring its intention to order the
vacation of portions of 19th Street, McKinley Street and various alleys south of 20th Street, east
of Guthrie Street, and setting a public hearing for July 6, 2005. The Resolution was published in
the Sun newspaper, and the streets posted. The San Bernardino City Unified School District
was also notified of the public hearing.
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 fmding of consistency with the General Plan was made. There have been no objections
by any adjoining property owners.
3. All of the City departments and public utility companies were notified of the proposal.
Responses were received and no conflicts were noted.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Page Two - Staff Report
4. Temporary easements across the area to be vacated will be reserved in the Resolution
Ordering Vacation for Southern California Edison, SBC/Pacific Bell and Adelphia Cable.
FINANCIAL IMPACT:
None. The applicant has paid the total amount of$1,200 for the completion of the vacation
proceedings.
RECOMMENDATION:
Staffrecommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted.
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cOpy
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
VACATION OF PORTIONS OF 19TH STREET, MCKINLEY STREET AND VARIOUS
ALLEYS SOUTH OF 20TH STREET, EAST OF GUTHRIE STREET (PLAN NO. 11409).
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,
having heard the evidence offered in relation to the proposed vacation of those certain portions of
19th Street, McKinley Street and various alleys south of 20th Street, east of Guthrie Street,
described in Resolution of Intention No. 2005-134, hereby find from all of the evidence
submitted that such portions of said streets and alleys proposed to be vacated by said Resolution
are unnecessary for present and prospective street and alley purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate those
certain portions of 19th Street, McKinley Street and various alleys south of 20th Street, east of
Guthrie Street, more fully described in Exhibit "A" attached hereto.
17 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
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easements for public utility purposes belonging either to the City of San Bernardino or to any
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public utility; and there is hereby specifically reserved for Southern California Edison, its
successors, heirs and assigns, a temporary easement to construct, place, operate, inspect,
maintain, repair, replace and remove any overhead or underground electrical transmission andlor
distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires,
manhole markers and necessary fixtures and appurtenances, and said temporary easement shall
include the right of ingress and egress thereto; and there is hereby specifically reserved for
Adelphia, its successors, heirs and assigns, a temporary 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 temporary easement shall include the
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF 19T11 STREET,
MCKINLEY STREET AND VARIOUS ALLEYS SOUTH OF 20TH STREET, EAST OF GUTHRIE
STREET (PLAN NO. 11409)
right of ingress and egress thereto; and there is hereby specifically reserved for SBC/Pacific Bell
Telephone Company, its successors, heirs and assigns, a temporary 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 temporary easement shall
include the right of ingress and egress. All temporary easements reserved herein shall terminate
upon relocation or abandonment of existing facilities.
SECTION 4. It is hereby determined that the vacation of said street(s) and alley(s) are
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Class I, Section 15301(c).
SECTION 5. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the San Bernardino County Recorder's office.
III
06/29/05
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RESOLUTION ORDERING VACATION OF THOSE CERTAIN PORTIONS OF 19TH STREET,
MCKINLEY STREET AND VARlOU~ ALLEYS SOUTH OF 20TII STREET, EAST OF GUTHRIE
STREET (PLAN NO. 11409)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
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Approved as to form
25 and legal content:
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JUDITH VALLES, Mayor
City of San Bernardino
JAMES F. PENMAN
City ^r~torney
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EXHIBIT "A"
Legal Description
Vacation of a portion of 19tb Street,
McKinley Street, and various alleys
Parcel A: (19th Street)
That portion of 19th Street as shown on Tract No. 6969 in the City of San Bernardino, County of
San Bernardino, State of California, as shown on a map recorded in Book 90, Pages 59 and 60 of
Maps in the office of the County Recorder of said County, lying easterly of a line that is parallel
with and 33.00 feet east of the centerline of Guthrie Street as shown on said Tract No. 6969.
Parcel B: (Alley per Tract No. 6969)
That certain Alley, 20.00 feet wide, shown on Tract No. 6969 in the City of San Bernardino,
County of San Bernardino, State of California, as shown on a map recorded in Book 90, Pages
59 and 60 of Maps in the office of the County Recorder of said County, bounded as follows:
on the north by the south line of Lot 6 of said Tract No. 6969; On the south by the north line of
Lot 7 of said Tract No. 6969; On the east by the east line of said Tract No. 6969; and on the west
by the east line of Guthrie Street, 66.00 feet wide, as shown on said Tract No. 6969.
Parcel C: (Alley per Tract No. 13233)
That certain Alley, 20.00 feet wide, adjacent to Lots 1,2 and 3 shown on Tract No. 13233 in the
City of San Bernardino, County of San Bernardino, State of California, as shown on a map
recorded in Book 191, Pages 85 and 86 of Maps in the office of the County Recorder of said
County, bounded on the west by the west line of said Tract No. 13233 and bounded on the east
by the northerly prolongation of the east line of said Lot 3.
Parcel D: (Alley per Tract No. 6898)
That certain Alley, 20.00 feet wide, adjacent to Lots 1 through 10 of Tract No. 6898 in the City
of San Bernardino, County of San Bernardino, State of California, as shown on a map recorded
in Book 88, Pages 34 and 35 of Maps in the office of the County Recorder of said County,
bounded on the west by the southerly prolongation of the west line of said Lot 10 and on the east
by the southerly prolongation of the east line of said Lot 1.
Page 1 of3
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Parcel E: (McKinley Street)
That portion of McKinley Street as shown on Tract No. 6898 in the City of San Bernardino,
County of San Bernardino, State of California, recorded in Book 88, Pages 34 and 35 of Maps in
the office of the County Recorder of said County and shown on Tract No. 7106 recorded in Book
90, Pages 61 and 62 of said Maps bounded as follows:
On the north by a line that is parallel with and 30.00 feet south of the centerline of20lh Street as
shown on said Tract Maps; On the south by the south line of that certain 20.00 foot wide Alley
adjacent to Lots I through 10 of said Tract No. 6898 and Lot 41 of said Tract No. 7106 being
also the north line of Shay's Subdivision recorded in Book 8, Page 44 of said Maps; On the east
by the westerly line of Lot 41 of said Tract No. 7106 and its southerly prolongation; On the west
by the easterly line of Lot 1 of said Tract No. 6898 and its southerly prolongation.
Parcel F: (McKinley Street)
That portion of McKinley Street as conveyed in three Easement Deeds to the City of San
Bernardino and recorded November 13,1968 in Book 7129, Page 77 of Official Records in the
office of the County Recorder of said County and December 6, 1968 in Book 7143, Page 431 of
said Official Records, and June 2, 1975 in Book 8690 Page 535 of said Official Records.
EXCEPT THEREFROM that portion lying southerly of the following described line:
Commencing at the centerline intersection of Sunrise Lane, 66.00 feet wide, (formerly known as
Roca Street) with McKinley Street as shown on Tract No. 13233 per map recorded in Book 191,
Pages 85 and 86 of said Maps;
thence along the centerline of said Sunrise Lane, South 89056'35" West, 143.04 feet;
thence leaving said centerline, North 00003 '25" West, 33.00 feet to the northerly line of said
Sunrise Lane and the beginning of a non-tangent curve, concave northwesterly and having a
radius of 100.00 feet, a radial line of said curve bears South 00003 '25" East;
thence Northeasterly 38.89 feet along said curve through a central angle of 220 16'49";
thence North 67051 '41" East, 67.34 feet to the beginning ofa non-tangent curve, concave
southerly and having a radius of 51.00 feet, a radial line of said curve bears North 260 II '37"
West;
thence Easterly 13.30 feet along said curve through a central angle of 14056'25" to the westerly
line of McKinley Street also being the easterly line of Lot 9 of said Tract No. 13233 and the
TRUE POINT OF BEGINNING;
Page 2 on
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thence continuing Easterly and Southeasterly 62.36 feet along said curve through a central angle
of 70003 '37" to the easterly line of said McKinley Street as described in said Deed recorded in
Book 7129, Page 77 of said Official Records.
P~rcel G: (Alley per Tract No. 7106)
That certain AlIey, 20.00 feet wide, adjacent to Lots 41 through 49 shown on Tract No. 7106 in
the City of San Bernardino, County of San Bernardino, State of California, as shown on a map
recorded in Book 90, Pages 61 and 62 of Maps in the office of the County Recorder of said
County, bounded on the west by the southerly prolongation ofthe west line of said Lot 41 and
bounded on the east by the southerly prolongation of the east line of said Lot 49.
Page 3 of3
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ado:pPfd): 11 510{ Item#)i{ Resolution#~l)OS - ~ 35
Vote: Ayes ' J Nays Abstain Absent
Change to motion to amend original documents 0 Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 By:
~ '
,,"
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated:
Seal Impressed:
~/
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders{64l,3, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
.'
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes /' No By_
- /'
Yes No By_
Yes NoY By_
Yes No~ By_
Yes No.../" By_
Copies Distributed to:
~ Animal Control EDA 0 Information Services 0
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S;l City Administrator Facilities 0- Parks & Recreation 0
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City Attorney Finance Police Department 0
Code Compliance Fire Department 0 Public Services 0
Development servi@ Human Resources 0 Water Department 0
Others:
N01;t~/~
Ready to File:
Date:
Revised 12/18/03