HomeMy WebLinkAbout23-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Dept: Development Services OF . "... , . ,
Ii ..." 'ItrlL
Date: July 24, 2002
Subject: Public Hearing 4:00 p.m. and
Resolution Ordering Vacation: a portion of
lOth Street from Montgomery Street, west to
"]" Street.
Synopsis of Previous Council Action:
File No.l5.30-363
MCC Date: 08-19-2002
06/03/02 -Authorization to proceed was given for the proposed vacation of a portion of lOth
Street from Montgomery Street, west to "J" Street and Plan No. 10468 was approved.
07/15/02 - Resolution No. 2002-230 was adopted, setting a public hearing.
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 a portion of lOth Street from
Montgomery Street, west to "]" Street, is no longer necessary for public street purposes, be
adopted.
AND
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2.
Adopt Resolution.
C ta t EILEEN GOMEZ
on c person:
Supporting data attached: StaffReportlMapslRes?
Ward:
FUNDING REQUIREMENTS:
Amount: $1 ,000 (processing fee paid by applicant)
Source: (Acct. No.) 001-000-4780-0000
n . t' ) Vacation Processing Fee
(Ar:d _"''''r:np_'nn.
Finance:
Council Notes:
t2t:::~:!:l: d~- al/ G
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: a portion of 10th Street from
Montgomery Street, west to "J" Street.
BACKGROUND:
On June 3, 2002, staff was authorized to proceed with the proposed vacation ofa portion of 10th
Street from Montgomery Street, west to "J" Street and Plan No.1 0468 was approved. The San
Bernardino City Unified School District ("SBCUSD") is proposing to relocate and replace an
existing 6-foot fence and also to install a standard concrete sidewalk along the south side of 10th
Street from Montgomery Street, west to "J" Street. The area between the sidewalk and the new
fence would be used as a landscape area to be installed and maintained by SBCUSD.
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. All responses received were favorable. Adelphia submitted a request to
reserve an easement for their existing facilities, which will be reserved in the Resolution of
Intention and the Resolution Ordering Vacation.
On July 15, 2002, Resolution ofIntention No. 2002-230 was adopted, setting a public hearing for
August 19, 2002. Notices were posted along the area proposed for vacation and published in the
San Bernardino County Sun newspaper. Adjacent property owners were also notified of the
public hearing by mail.
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 de~yrmined that the proposed vacation is of no
further necessity to the general public.
2. A finding of consistency with the General Plan was made.
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. An easement across the area to be
vacated will be reserved for Adelphia in the Resolution Ordering Vacation for their
existing facilities.
FINANCIAL IMPACT:
Applicant has paid the $1,000 processing fee.
RECOMMENDATION:
Staff recommends that the public hearing be closed, the Findings of Facts be adopted and that the
attached Resolution Ordering Vacation be adopted,o_,.
No Scale
5th St.
Mill St.
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LOCA TION OF
PROPOSED
VACATION
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed vocation of 0 portion of the
south side of 10th Street. between
Montgomery Street and "J" Street.
~ indicates unincorporated areas
~ within City's Sphere of Influence
Created by: __II; de ~(.
Date: S/f/UV L...-
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art/on of 10th Street
proposed to be vacated
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
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PROPOSED VACATION OF A PORTION OF THE
SOUTH SIDE OF 10TH STREET, BETWEEN
MONTGOMERY STREET AND "J" STREET
PLAN NO.:
10468
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HIA... CITY ENGINEER
Prepared by: ~2h: ~~'
Checked by: a~,
Date: (.~'f'/1Cl' 1- Sheet I of
FILE NO. :
15.30-363
AREA OF VACATION SHOWN AS 1/7//.11
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RESOLUTrON NO.' ,J
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RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE
3 VACATION OF A PORTION OF 10TH STREET FROM MONTGOMERY STREET,
WEST TO "J" STREET (pLAN NO. 10468).
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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 that certain portion of
101h Street, from Montgomery Street, west to "J" Street, described in Resolution of Intention No.
2002-230, hereby find from all of the evidence submitted that such portion of said street
proposed to be vacated by said Resolution is unnecessary for present and prospective street
purposes.
SECTION 2. The Mayor and Common Council of said City do hereby vacate that
certain portion of 101h Street from Montgomery Street, west to "J" Street, more fully described as
follows:
That portion of Lots I & 2, Block 19 of the Rancho San Bernardino, as per plat
thereof recorded in Book 7 of Maps, Page 2, records of the County Recorder of
San Bernardino County, State ofCalifomia, described as follows:
Commencing at the Northwest comer of Lot 2, said point being the centerline of
10th Street, as shown on the Cheney Tract, as per plat recorded in Book 21 of
Maps, Page 41, records of the County Recorder of said County; thence East, along
said centerline of 10lh Street, a distance of 25.00 feet; thence South, a distance of
41.25 feet to the True Point of Beginning; thence East, at right angles, to the West
line of Montgomery Street; thence North, along the Northerly prolongation of said
West line of Montgomery Street, a distance of 11.00 feet; thence West, at right
angles, along a line parallel with the South line of 101h Street to a point parallel
with said West line of Montgomery Street; thence South, a distance of I 1.00 feet
to the True Point of Beginning.
26 Also described in Resolution ofIntention No. 2002-230.
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SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing
easements for public utility purposes belonging either to the City of San Bernardino or to any
08/12/02
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RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF 10TH STREET FROM
1 MONTGOMERY STREET, WEST TO"J" STREET (plan No. 10468)
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public utility, and there is hereby specifically reserved for Adelphia, its successors, heirs and
assigns, an easement over the entire area proposed to be vacated, to construct, place, operate,
inspect, maintain, repair, replace and remove any overhead or underground electrical
transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole
anchors and guy wires, manhole markers and necessary fixtures and appurtenances and said
easement shall include rights of ingress and egress thereto.
SECTION 4. The City Clerk is hereby directed and authorized to file a certified copy of
this Resolution with the San Bernardino County Recorder's office.
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08112/02
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RESOLUTION ORDERING VACATION THAT CERTAIN PORTION OF 10m STREET FROM
1 MONTGOMERY STREET, WEST TO"J" STREET (plan No. 10468)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a
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meeting thereof
held on the
day of
, 20_, by the following vote, to
wit:
Council Members:
AYES
NAYS
. ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
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SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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By: ~,...
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08/] 2/02
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
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August 23, 2002
County Recorder's Office
222 W. Hospitality Lane
San Bernardino, CA 92415
Attn: Recording Clerk
At the Mayor and Common Council meeting of August 19, 2002, the City of San Bernardino
adopted Resolution No. 2002-279 - Resolution of the City of San Bernardino ordering the
vacation of a portion of ujh Street from Montgomery Street, west to "J'~ Street (Plan No.
10468).
Section 4 directs the City Clerk to file a certified copy of the resolution with the San Bernardino
County Recorder's Office; therefore, I am providing you with one certified copy of Resolution
No. 2002-179.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
iN, (1 /.; !.. C(
Michelle Taylor
Senior Secretary
J .
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CITY OF SAN BERNARDINO
A nn PTli 11 SHA REIl VALUES: Intellritv . Accountability. Respect for Human Dignity. Honesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~-lq ~O;>' Item # ::;~ Resolution # {JOO;) - c90Q
Vote: Ayes :)-f) Nays ~ Abstain -€:r Absent-l
Change to motion to amend original documents:-
Reso. # On Attachments: --=- Contract term: -
Note on Resolution of Attachment stored separately: =-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W /COUNTY
Date Sent to Mayor:
~~20~O;l
'If"-,?\-<) A-
s,.- :r~-O:).-
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date
er Sent for Signature:
See Attached:
See Attached:
See Attached:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney V
Parks & Rec.
Code Compliance
Dev. Services
I'"
Police Public Services
Water
Notes:
~.crcO coP 7 <:fl)
CDv()ry ~Cl(L08L
Null/Void After: -
By: f'I'T '11rylO~
Reso. Log Updated: V
Seal Impressed: Il/
Date Returned:
Yes l"'" No By
Yes No ~ By
Yes No v By
Yes No v By
Yes No y
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: m,..--
Date: ~~~3-o:).-
Revised 01/12/01